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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/03/2011 CITY OF KENT AgendaCity Council Meeting r May 3, 2011 Mayor Suzette Cooke Jamie Perry, Council President r 4, C®uncilrnernbers Elizabeth Albertson Ron Harmon ,Ir Dennis Higgins Deborah Ranniger f d ia��dvVl to i�I' vl rK Debbie Raplee Les Thomas CIFY CLERK fir , y �ii{Ilr � 1��IMiIK'M '�k�lw.. KENT CITY COUNCIL AGENDAS KENT May 3, 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. 2011 Vision/Strategic Plan Jamie Perry & 50 minutes John Hodgson ********************************************************************** 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 5. PUBLIC HEARINGS None 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - None C. Excused Absence for Councilmember Raplee - Approve D. The Vineyard Final Plat - Approve E. Grant Agreement with King Conservation District, Green Kent Initiative - Authorize F. Grant Agreement with Department of Natural Resources, Green Kent Initiative - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED G. Sublease Agreement with Aquatic Management Group, Kent Pool — Authorize H. Lease Extension Agreement with Kent School District, Kent Pool - Authorize I. Contract with G.B. McCaughan & Associates, Horseshoe Bend Levee — Authorize J. Contract with Pace Engineering, Foster Park Pump Station — Authorize K. Contract with Northwest Hydraulic Consultants, Green River Levee — Authorize L. Contract with Northwest Hydraulic Consultants, Horseshoe Bend Levee — Authorize M. Horseshoe Bend-Foster Park Levee — Accept as Complete N. SE 104th Avenue/Benson Road/SE 108th Avenue/SR 515 Speed Study Resolution - Adopt S. OTHER BUSINESS None 9. BIDS A. Lake Meridian Playground Safety Surface 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Negotiations 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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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events PUBLIC COMMENT Agenda Item: Consent 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through N. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the regular Council meeting of April 19, 2011. 7B. Approval of Bills. Bills are not available for approval. y RCN i Kent City Council Meeting April 19, 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 City Attorney pointed out that Councilmembers have received a replacement copy of the Verizon License Agreement Addendum No. 1 (Consent Calendar Item 7H), and explained that it contains a minor change relating to a reference to the effective date. B. From the Public. (CFN-198) At the request of Louis Reed, the Kent Cobras Youth Sports Program was added to the agenda under Public Recognition. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Louis Reed and other representatives of the Kent Cobras Youth Sports Program explained their program and presented Mayor Cooke with a Kent Cobras jersey. B. Community Events. (CFN-198) Ranniger announced upcoming events in the City and Raplee announced upcoming events taking place at ShoWare. Higgins displayed a medallion he received for the City from a representative of Kent's Sister City, Yangzhou, China. C. Legislative Update. (CFN-198) Michelle Witham noted that the Legislature will hold a special session, and updated the status of the City's top priorities. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through S. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of April 5, 2011, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on April 5, 2011, were approved. Checks issued for vouchers were approved: Date Check Numbers Amount 3/15/11 Wire Transfers 4525-4547 $2,029,796.97 3/15/11 Regular Checks 651429-651848 1,084,519.88 Void Checks 651841 (9,001.78) Use Tax Payable 1,944.93 $3,107,260.00 1 Kent City Council Minutes April 19, 2011 Checks issued for payroll for March 1 through March 15 and paid on March 18, 2011, were approved: Date Check Numbers Amount 3/18/11 Checks 322109-322304 $ 140,792.41 3/4/11 Correction 3/4/11 279915-280542 0.00 3/18/11 Advices 280543-281173 1,191,296.41 $1,332,088.82 Checks issued for payroll for March 16 through March 31 and paid on April 5, 2011, were approved: Date Check Numbers Amount 4/5/11 Checks 322305-322526 $ 153,548.57 4/5/11 Advices 281174-281806 1,230,768.78 $1,384,317.35 C. Comprehensive Plan Land Use Mao Amendment (Kentara Short Plat) Ordinance. (CFN-377) Ordinance No. 3995 approving an amendment to the Comprehensive Plan Land Use Map to designate Kentara Short Plat Lot 21 as SF-6 Single Family Residential (6 Units/Acre) in its entirety was adopted. D. Aukeen District Court Building Lease Agreement, Second Amendment. (CFN-983) The Mayor was authorized to sign the Aukeen District Court Building Lease Agreement, Second Amendment, between King County and the City of Kent. E. Temporary Flood Protection Structures Permitting Deadline Ordinance. (CFN-1318) Ordinance No. 3996 amending Ordinance Nos. 3932, 3933, and 3959 to extend the waiver for temporary flood protection structures to July 1, 2012, was adopted. F. Street Sweeping Contract. (CFN-136) The Mayor was authorized to sign the contract with McDonough and Sons, Inc., to provide street sweeping services to the City, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Clark Springs Transmission Main Easement. (CFN-1038) The Mayor was authorized to sign all necessary documents accepting wider easements for the Clark Springs Transmission Main on the TRM Lumber/Fred Meyer sites within the City of Maple Valley, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Verizon License Agreement Addendum No. 1. (CFN-274) The Mayor was authorized to sign Addendum No. 1 to the 2009 Verizon License Agreement for the Clark Springs Bonneville Power Administration cell tower access and Verizon infrastructure, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. 2 Kent City Council Minutes April 19, 2011 I. Natural Yard Care Education Program Contract. (CFN-) The Mayor was authorized to sign a contract with The Frause Group, Inc. in an amount not to exceed $19,468.00 to provide Natural Yard Care Workshops, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. S. 228th Street Storm Drainage Easement Agreement. (CFN-1038) The Mayor was authorized to sign a Storm Drainage Easement Agreement with Drainage District No. 1 of King County to install and maintain storm drainage improvements, subject to final approval by the City Attorney and Public Works Director. K. SE 104th Avenue/Benson Road/SE 108th Avenue/SR 515 Speed Study Resolution. (CFN-171) Resolution No. 1842 amending the speed limit along portions of 104th Avenue Southeast/Benson Road/S.E. 108th Avenue/SR 515 was adopted. L. Lower East Hill Sanitary Sewer. (CFN-1038) The Lower East Hill Sanitary Sewer was accepted as complete and release of retainage to Kar-Vel Construction, upon standard releases from the state and release of any liens was authorized. The original contract award was $1,121,189.15. The final amount was $1,311,791.41. M. Public Defense Standards Resolution (CFN-122) Resolution No. 1843 adopting standards of public defense provided to indigent defendants in the City of Kent was adopted. N. Washington Traffic Safety Commission Grant Application, Target Zero Task Force Proiect. (CFN-122) The Kent Police Department was authorized to apply for the Washington Traffic Safety Commission grant in the amount of $93,840 for the Kent/South King County Target Zero Task Force. O. Washington Traffic Safety Commission, Amendment No. 1 to Memorandum of Understanding. (CFN-122) The Washington Traffic Safety Commission grant funds in the amount of $10,450 were accepted and the Mayor was authorized to sign all the necessary documents, and the budget to be amended. P. Washington Traffic Safety Commission, Daniel Elementary School Safety Mini-Grant. (CFN-122) The Washington Traffic Safety Commission mini-grant in the amount of $860 was accepted, and the budget was authorized to be amended. Q. First Amendment to Lease Agreement with Rainier Pacific Management, LLC. (CFN-122) The Mayor was authorized to sign the First Amendment to the Lease Agreement with Rainier Pacific Management, LLC, for a Kent Police Department Substation. R. Lease Agreement for Panther Lake Police Substation. (CFN-122) The Mayor was authorized to sign the Shopping Center License Agreement with PK I Panther Lake, LLC for a Kent Police Department Substation. 3 Kent City Council Minutes April 19, 2011 S. SR 516 and 41h Avenue Improvements. (CFN-1038) The SR 516 and 4th Avenue Improvements Project was accepted as complete and release of retainage to Westwater Construction Company, upon receipt of standard releases from the state and release of any liens was authorized. The original contract amount was $568,109.00. The final contract amount was $559,501.24. OTHER BUSINESS A. Horseshoe Bend Levee Property Acquisition, Rittenhouse Contract. (CFN-1318) Engineering Supervisor Mark Madfai explained that the property acquisition process is quite complicated and that when full property purchases are involved, the City must follow complex state procedures to relocate owners and tenants and to negotiate additional partial acquisitions and easement acquisitions. He noted that it is critical to use a qualified relocation expert and that very few consultants have the necessary capabilities. He said the City received a list of experts from the state in 2009, none of whom are located in Kent, and that the person who was most qualified and able to meet the schedule was Anne Rittenhouse of Rittenhouse Consulting in Bellevue. Raplee moved to authorize the Mayor to sign the Consultant Services Agreement with Rittenhouse Consulting to perform Negotiations and Relocation Services for property acquisition at the Horseshoe Levee in an amount not to exceed $64,762.50, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Harmon seconded. Harmon emphasized the importance of doing business with local companies. Albertson said that when it is not possible to find a local company to deal with, the Chamber of Commerce should be informed so that they can help get local businesses on the state lists. She then directed all departments to work with the Chamber on all contracts, beginning with this project. The motion to authorize the Mayor to sign the Consultant Services Agreement with Rittenhouse Consulting then carried. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke announced that she has signed proclamations for Arbor Day, Earth Day, and one honoring former Hearing Examiner Ted Hunter, who served the City for 22 years. She also noted that Councilmember Albertson is now the alternate on the King County Flood Control Zone District Advisory Committee. C. Administration. (CFN-198) The City Attorney informed Councilmembers that the date for the final decision on LID 362, East Valley Highway from SR 167 to S. 212th, may be changed from May 3 to May 17, and that a copy of the complete record has been placed in the Council Office for their review prior to the meeting. 4 Kent City Council Minutes April 19, 2011 CAO Hodgson noted that there will be an executive session of approximately thirty minutes to discuss one item regarding the surplus of City property and one item of property negotiations. He added that no action will be taken on either of the items. He then noted that staff has completed a draft of the strategic elements of the Council's vision, and said it will most likely come to Council at the May 3rd workshop for introduction, after which a special meeting may be required before the budget kickoff on May 17. D. Economic & Community Development Committee. (CFN-198) Perry stated that a draft of the Growth Management Planning Council's countywide planning policies is in the last Economic and Community Development Committee packet, and asked anyone who feels it contains anything which will adversely affect the city to contact her. 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 at 5:00 p.m. on Thursday, April 21. G. Public Safety Committee. (CFN-198) Harmon noted that he will be attending a meeting of the Washington Traffic Safety Commission on April 21. H. Public Works Committee. (CFN-198) Raplee noted that the next meeting will be held at 4:00 p.m. on May 2. I. Regional Fire Authority. (CFN-198) Raplee noted that the hearing on fire benefit charges has been completed, but that there are still 112 which are unresolved and that those property owners can still present validation for a reduction in their fire benefit charge by contacting Captain Larry Rabel. Thomas said he has met with the RFA exploratory committees for Tukwila and SeaTac. EXECUTIVE SESSION The meeting recessed to Executive Session at 7:40 p.m. and reconvened at 8:10 p.m. ADJOURNMENT With no action to be taken, the meeting adjourned at 8:10 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 5 Z KENT Agenda Item: Consent Calendar - 7C TO: City Council DATE: May 3, 2011 SUBJECT: Excused Absence for Councilmember Raplee - Approve MOTION: Approve an excused absence from the May 3, 2011, meeting for Councilmember Raplee. SUMMARY: EXHIBITS: Memorandum dated 5/3/2011 RECOMMENDED BY: BUDGET IMPACTS: None City Council Jamie Perry, Council President Phone: 253-856-5712 K E N T Fax 253-856-6712 W A s H I N G 1 o N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 MEMORANDUM TO: Suzette Cooke, Mayor City Councilmembers FROM: Debbie Raplee, Councilmember DATE: May 3, 2011 SUBJECT: City Council Excused Absence I would like to request an excused absence from the May 3, 2011 City Council meeting. I will be unable to attend. Thank you for your consideration. Debbie Raplee Councilmember nc Z KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: May 3, 2011 SUBJECT: The Vineyard Final Plat — Approve MOTION: Approve the final plat mylar for The Vineyards and authorize the Mayor to sign the mylar. SUMMARY: Staff recommends approval of the final plat mylar for The Vineyards and authorization for the Mayor to sign the mylar. On February 1, 2006, the Hearing Examiner recommended approval, with 12 conditions, to subdivide approximately 5.89 acres into 20 single-family residential lots. The applicant has complied with the conditions required prior to recording. The property is located at the southeast corner of Military Road South and Reith Road. EXHIBITS: Map and Conditions RECOMMENDED BY: Economic & Community Development and Public Works Dept. Staff BUDGET IMPACTS: None CITY OF KENT The Vineyard KIVA # RPP5-21 0334 4 A Portion of the NW 1/4 of the NA 1/4 B NE 1/4 of NW 1/4 FILE No. FSU 02004-3 Section 21, Township 22 North, Range 4 East LINE 6EARIN6 DKrANL WIIlomette Merldlon, Clty of Kent, King County, Washington if SOO'42'43'W 47.70' L2 S45.46'I70E JB.51' 0 N429"34-E 1.98' Lot Layout �r L4 N74'28'34'E 15.98' LS S00'51' '9 6 !' 2.63' 3 L6 374'28' 2.5 If 6 LJ N00'51'f J' 15.63. LB 9d'2W 2 .20' L9 N33'30 57- 9 '5J-H .93' uo Nm 2e'Jz'E 10.06 LEGEND LJ1 N66-59'53£ 73.75 • 1/2- HAGAR M/ID CAP SET L12 H73'55'16'E JB,59' Q CITY OF KENT STAIAARO MONUMENT SET L13 N73'55'I6'E 91.73' 1�3 22'36'20-E 33.66' MONUMENT AS NOTED 14.20'09-E 7Z 96' - - - -EASEMENT LINE fd'20'09-E T2-5 7e -'-MONUMENT LINE 17'96'17-N 1T.54' SJ''28 33-E 94.58' 37'3J'42-E 21.29' REFERENCE SURVEY 37'37 l2'E 4,3J' (P) PARKSIOE DIVISION 1, VOLUME ]02, PAGES 25 D 26. 3737 d2 E 5].00, (PDPLAT OF RANDALL PARK GIVISION NO 1. fc1111O 4'%4'L A%ORETE U37'37 AR 5B.40' (P2)KING COUNTY ENGINEERING PLANS SURVEY Na. 27-n-4-11 ,HaM1I/AfrNT WITH I-I/1° M37'37 42'E 56.f2' DATED 1956.NEJ'3]'42"E5000' H N3]'3J'd2'E 6.89' �V�Ey � IN 645E S87 13'32°E 22.OB' P/ISITFD 3/6/TOOb\ S52'50'14-E I10.6' C< L20 N52-50 14-ki 87.19' L30 M1 b N52'S0'f4'N 23.45' iM Rd'P L31 89-09'05-E 66.28' �R0 R16 L32 9H9'09'O6'E 8.94' A. 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CI) 90.00' 15'J5'A04'M. 93.BB' � / CIE 20.00' 71'46'4B' 23.39' C19 70 OV »'d6'43' 31.32' -L31' -t'r @� 98.lB %`= 6 C20 10,00' 49'22'49' 53.00' 05.26' C21 Es 5.00' d9'S4'I0 33.23' C22 995037 2'OJ'S0" 01' ,,�-- I1B.B5' - 3Jz.2♦' m J C23 995.3J' 3'22'02' 5B,E0' - \NB9'09'Ofi-M 430.P9' C24 995.37' 3'16'53' 57.01' Q '-- C25 995.3J' 3'16'59' 57.03' 5.380TH SL PVBLIL RI6Nr OF JAY m Pd 4°X4°LOIr'LRST� C26 995.37 4.43'36" 22.12' -�- MDNLFtNT WIfi'1-112, C2B 995.3J" 16'4]"20' 2200.57 6W$z L.+v Y(rFw&H 1N 6A55 Y (YI51]<D 3/6/]006/ CS91 531.3J'1 e3'48*36' 223.31' 4L.sN D RYC O Y DRYCO Surveying, Inc. GRAPHIC SCALE 1'=60' ♦ „Sq w'f 827 MAIN SUITE "A•' 0 80 J20 180 -0300 F'P.x 253-826-9703 517ee4 4 of � CPAWN: ry 'W WE FAME➢:3121IAll I JIM N. 20,0215 THE VINEYARD #SU-2004-3 (RPP3-2041985) ON FEBRUARY 16, 2006, THE KENT HEARING EXAMINER APPROVED THE VINEYARDS PLAT WITH THE FOLLOWING CONDITIONS: A. PRIOR TO RECORDING THIS SUBDIVISION: 1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first. 2. The Owner / Subdivider shall provide Public Works with a digital plat map prepared with a CAD program. The digital information can be formatted in either *.DWG (AutoCad) or *.DXF (Drawing Exchange File), but must be based upon State Plane coordinates: an assumed coordinate system is not permitted. The State Plane Coordinates shall be on the NAD 83/91 datum and relate to at least two City of Kent reference points within one half mile of the subdivision. In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project. The elevations of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify their accuracy. 3. The Owner/Subdivider shall submit and receive City approval for engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The public sanitary sewer system shall be extended from the existing public sanitary sewer system in South 260th Street and shall be sized to serve all off-site properties within the same service area and as needed to serve adjacent properties northerly and westerly of the subject development and within the same service area, unless otherwise determined by the Department of Public Works. b. A water system meeting domestic and fire flow requirements for all lots. The public water system shall be extended and sized to serve all off-site properties within the same service area unless otherwise determined by the water purveyor. The Vineyards #SU-2004-3 Conditions of Approval Page 2 of 8 Existing wells - if any - shall be abandoned in accordance with the requirements of the Department of Ecology. C. A stormwater system. The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM). Initial guidance for the Engineering Plans is given below (See Chapter 2 of KSWDM for detailed submittal requirements): (1) The Engineering Plans will include at a minimum: Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) An erosion and sedimentation control (ESC) plan shall be included in the engineering plans. The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and the Planning Services approved Detailed Tree Plan (3) The retention / detention and release standard that will be met by the subdivision is Level Two. The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. (4) The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention / detention pond tract at an appropriate engineering scale to show that the proposed on-site or off-site retention / detention tract is large enough to contain the required minimum stormwater storage volume and water quality facility. The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and rivers and their buffers. (5) A level 2 downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality. Refer to the The Vineyards #SU-2004-3 Conditions of Approval Page 3 of 8 requirements of Technical Information Reports in Section 3: "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses. (6) Roof downspouts for each roofed structure (house, garage, carport, etc.) shall be directed to a Roof Downspout Infiltration System meeting the requirements of Section C.2, flow Control BMP's , in Appendix C to the King County Surface Water Design Manual. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system. The Drainage Plans will include an approved detail for the Roof Downspout Infiltration System. The face of the recorded plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION (7) If determined necessary by the Public Works Department, following review and approval of the downstream analysis, the Owner / Subdivider shall provide public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist. (8) The Owner / Subdivider shall submit Landscape Plans for within and surrounding the retention / detention facility to Planning Services and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans. These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual. Landscape Plans are required to show adjacent Street Trees so that the City arborist can assess potential adverse stress upon all types of vegetation. The Vineyards #SU-2004-3 Conditions of Approval Page 4 of 8 (9) The Owner / Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works. See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the Uniform Building Code, the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, roadways, retention / detention ponds, stormwater treatment facilities, and a building footpad for each lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits. e. Interim Street Improvement Plans for South 260th Street and for 38th Avenue South across the entire property frontage thereon. These Interim Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements, and # 6-8, Street Improvement Plans, for a street designated as a Residential Street by the City of Kent Comprehensive Plan. Initial guidance for the necessary interim street improvements is given below: (1) Combined vertical concrete curbs & gutters, a 5-foot wide planter strip, and a 5-foot cement concrete sidewalks along the subdivision frontage of these two streets. (2) A minimum of 28-feet of asphalt pavement as measured from the face of curb on the opposite side of the street to the face of the new vertical curb constructed along these streets. (3) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical and maintenance bills shall be paid for by a Home Owner's Association. Note: The Vineyards #SU-2004-3 Conditions of Approval Page 5 of 8 While there are street lights installed along South 260th Street, these lights do not meet the minimum street lighting standards for a Residential Street, so the existing system will have to replaced, supplemented, or amended as necessary to meet current lighting standards. (4) Public stormwater conveyance, detention and treatment facilities as applicable. (5) An improved intersection for South 260th Street that will provide for a 90 degree intersection with Military Road with an approved intersection centerline tangent of at least 50-feet unless otherwise determined by the Department of Public Works. (6) Street Trees installed within the 5-foot wide planting strips constructed between the back of curb and the front of the cement concrete sidewalk. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. (7) The civil engineering plans submitted for these public streets must provide a professional evaluation demonstrating how the minimum Entering Sight Distance of the 2001 AASHTO Green Book can be met at the intersection of South 2601h Street at Military Road, at the intersection of South 260th Street and 38th Avenue South, and at the intersection of 38th Avenue South with Reith Road. This evaluation will include both a horizontal and a vertical assessment for Stopping Sight Distance and Entering Sight Distance, using WSDOT's adopted criteria; i.e, the block in the roadway is only 6 inches high. Sight distance improvements shall be made as required by the City Traffic Engineer, provided that improvements for the intersection of 38th Avenue South and Reith Road shall not require the removal of significant trees. f, Street Improvement Plans for the new public Residential Street (assumed to be named 36th Avenue South for the purpose of this document) connected to South 260th Street and terminating with a permanent cul-de-sac at its northerly terminus. The Street Improvement Plans for this street shall be designed in The Vineyards #SU-2004-3 Conditions of Approval Page 6 of 8 conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide. Initial guidance for these street improvements is given below: (1) Combined vertical curbs & gutters, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then 5-foot wide cement concrete sidewalks on both sides of the street. (2) A minimum of 28-feet of asphalt pavement, measured from face of vertical curb to face of vertical curb. (3) Maximum centerline radii of 65-feet, with a minimum of 50-feet of tangent between adjacent horizontal curves. (4) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical and maintenance bills shall be paid for by a Home Owner's Association. (5) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. (6) Curb return radii of 20-feet at the intersection of the subdivision street and South 260th Street, and a 45-foot radius to the face of the vertical curb for the cul-de-sac. (7) A paved public ADA compatible pedestrian / bicycle connection to Reith Road that is at least 5-feet wide unless otherwise determined by the City. (8) Street Trees installed within the 5-foot wide planting strips. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. (9) The civil engineering plans submitted for this public street must provide a professional evaluation demonstrating how the minimum Entering Sight Distance of the 2001 The Vineyards #SU-2004-3 Conditions of Approval Page 7 of 8 AASHTO Green Book can be met at the intersection of South 36th Avenue with South 260th Street. This evaluation will include both a horizontal and a vertical assessment for Stopping Sight Distance and Entering Sight Distance, using WSDOT's adopted criteria; i.e. the block in the roadway is only 6 inches high. g. Pedestrian Walkway Improvement Plans for a 5-foot wide cement concrete, horizontally separated sidewalk, or a 6-foot wide vertically separated asphalt walkway meeting the requirements of Standard Detail 6-60. These plans will provide for a new pedestrian walkway from the end of the 5 foot wide cement concrete sidewalks constructed at the southeast corner of this new subdivision to the cement concrete sidewalks constructed along the west side of 42nd Avenue South and serving Star Lake Elementary School. At the sole discretion of the Department of Public Works, the Owner/Subdivider may instead elect to pay a regional sidewalk improvement mitigation fee in the amount of $1500 per gross acre to the School Pedestrian Walkways Fund (fund #R20036). h. Street Light Plans for a PSE-owned and maintained street lighting system for South 260th Street, 38th Avenue South, and 36th Avenue South meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements. 5. The Owner / Subdivider shall create a Homeowner's Association for this subdivision to ensure that the property owners within this subdivision are advised of their requirement to pay for the provided street lighting system. Those sections of the required document written to govern that association as they relate to any Into Light Division of Puget Sound Energy street lighting systems, shall be reviewed and approved by the Department of Public Works, prior to the recording these documents. 6. Direct vehicular access to and from lots having frontage along Military Road and Reith Road is prohibited, and the face of the final plat will carry the following restriction: DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG MILITARY ROAD OR REITH ROAD IS PROHIBITED. DIRECT VEHICULAR ACCESS FOR ALL LOTS IS RESTRICTED TO 36T" AVENUE The Vineyards #SU-2004-3 Conditions of Approval Page 8 of 8 SOUTH EXCEPT LOT 1 WHICH MAY ACCESS ONTO SOUTH 260TH STREET AND LOT 21 WHICH MAY ACCESS ONTO 38T" STREET. The Owner / Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. 7. The Owner / Subdivider shall submit and receive approval for a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and City of Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to the issuance of any Construction Permits for the subdivision. Grading Plans cannot be approved by the Department of Public Works without an approved Detailed Tree Plan, Detailed Tree Plans are not to be confused with required Street Tree Plans, which have an entirely different purpose. 8. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Build Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 9. The Owner/Subdivider shall construct or provide a bond for the required mailboxes to service this plat. The location of the mailbox cluster shall be determined by the United States Postmaster. B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION, THE OWNER / SUBDIVIDER SHALL: 1. Record the Plat. 2. Construct all of the improvements required above. 3. Submit and receive City approval for As-Built Drawings meeting the requirements of City of Kent Development Assistance Brochure #E-1, As-Build Drawings, for street improvements, stormwater management system, street lighting system, and other off-site improvements where determined necessary by the City. Z KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: May 3, 2011 SUBJECT: Grant Agreement with King Conservation District, Green Kent Initiative - Authorize MOTION: Accept the King Conservation District grant in the amount of $50,000, amend the Adopt-a-Park budget, authorize expenditure of the funds in accordance with the grant's terms, and authorize the Mayor to sign all necessary documents. SUMMARY: Staff applied for and received a $50,000 grant from the King Conservation District to begin implementing the Green Kent Partnership. Specifically, this grant will fund project coordination from Cascade Land Conservancy to collect and track the field work being done by the volunteer stewards, create annual steward work plans and provide technical input, recruitment outreach and leadership as needed. A portion of the grant ($18,000) will also fund a Green Kent intern to supplement available Parks personnel and provide support for the stewards in the field. EXHIBITS: King Conservation District Grant Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Funds increase the Green Kent Partnership Budget AGREEMENT FOR AWARD OF KING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT City of Kent, Parks i This Agreement is made between the King Conservation District Number 9, a municipal l corporation in King County, Washington, located at 1107 SW Grady Way, Suite 130, Renton, WA 98057 (referred to herein as "District"), and the City of Kent, Parks, a municipal corporation in King County, Washington, located at 220 4th Avenue South, Kent, WA 98032 (referred to herein as "Recipient"), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to be of special benefit to lands; and 1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed a system of assessments to finance the activities and programs of the District; and 1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and/or Chapter 39.34 RCW, the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise), or their designees, in order to carry out and facilitate the activities and programs of the District to conserve natural resources; and 1.4 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policies and procedures for awarding grants; and 1.5 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a grant to Recipient. SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Fifty Thousand Dollars ($50,000) from 2009-2010 Assessment Funds. Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the District's policies and procedures, including but not limited to, the policies and procedures contained in the Member Jurisdiction & WRIA Forum Chant Application Instructions and Policies, provided that such funds have been collected and received by the District. Page 1 of 4 i 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further, Recipient agrees to return to the District any grant fluids that are not expended or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and 5kykomisb. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due June 30 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. Page 2 of 4 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington("BARS"). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. Recipient shall cooperate with the District in any such audit. 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the enviromnent and natural resources and which is in compliance with local, state and federal laws i and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement. 2.12 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parries with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may fiom time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. Page 3 of 4 i 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. i DISTRICT: RECIPIENT: By By Name Name_ Title Title Date Date Approved as to Form: Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: By A"7A-- By Name t�f ii C I C 'yAj Name Datesl� 3� �� Date Page 4 of 4 Exhibit II i Member Jurisdiction & WRIA Forum rant Program King Conservation District Grant Application Project Title: Green Kent Partnership,Year 2: implementation Coordination Applicant: City of Kent Parks Contact: Victoria L.Andrews Principal Partners(if any): Cascade Land Title: Special Programs Manager Conservancy Address: 220 4th Ave. S. Kent,WA 98032 Total Project Cost: $143,200 WRIA Funding F1 Jurisdiction Funding KCD Funding Requested: $50,000 Phone. 253-856-5113 Project Start Date: January J., 2011 Fax: 253-856-6060 Project End Date: December 31,2011 E-mail: vandrews@ci.kent.wa.us 1. Project Description - provide a brief description of the project that summarizes what you will do, how you will do it, and why you will do It. Consider the following in the answer to this question: what pressing need will be addressed by the projector what promising opportunity will be capitalized on? Who or what will benefit or be positively and negatively affected? A$95,000 grant from King Conservation District enabled the Green Kent Partnership to successfully complete its planning year in 2010: 1,189 acres of publicly owned urban forests and natural areas were surveyed and evaluated by Cascade Land Conservancy to establish baseline conditions*. A detailed map was created, and the 20-year management plan was developed and finalized. Kent is the only Green City to have taken the additional step of submitting the plan for SEPA review.SEPA is the State's basic environmental charter that requires a comprehensive look at all probable environmental impacts from construction, demolition, landfills, natural resource exchanges as well as from comprehensive plans, zoning and land-use regulations. With its extensive public notice requirements, it allows the public to "weigh-in"on government as well as private actions that could affect any number of environmental parameters. That process was completed in January 2011. Completing SEPA and receiving a"Determination of Nonsignificance"for the Green Kent 20-Year Plan means that this action has been publicly vetted and found not to be detrimental to the environment(in fact, it will likely be beneficial). It further shows that City officials have taken pains to thoroughly explore the environmental ramifications of this action and have given residents and non-residents alike another opportunity to learn-about, discuss and comment on the Green Kent proposal. The 20-year management plan is scheduled to be approved by the City Council at its February 1 meeting. Community input was conducted over several months to gather capacity assessment information and generate interest in the project. Logos and other marketing materials were created. Finally, Green Kent Stewards were recruited and 23 were trained in December 2010 and January 2011. Member Jurisdiction&WRIA Forum Grant Program,Application a July 21,2008 • Page 9 of 11 *An additional 219 acres of Green Kent Partnership areas acquired by the City through annexation in July 2010 have yet to be mapped. We are pursuing other funding sources for that. It is with great anticipation that we move into the first phase of implementation:field work will begin with our newly trained group of Green Kent Stewards. Both stewards and City staff will be tracking progress(estimated square footage of invasive plants removed)during work parties and community volunteer events. The City has identified four priority sites: Clark Lake Park(95.8 total acres included In 20-year plan), Lake Fenwick Park(117.9 acres Included), Mill Creek Earthworks Park(89,8 acres)and the Green River Natural Resources Area (237.6 acres). However,we are also allowing stewards to select areas on the Green Kent Partnership map(attached)that are close to their homes and In need of Phase I restoration (initial removal of invasive plants) if they have a strong attachment to those sites. As of this writing, about half of the stewards have selected their sites and five have had their initial site visit to determine scope of work.Two have had or will soon have their first work party. The 20-year plan's field goals for 2011 are: 1)to enroll three acres in initial restoration and four acres in maintenance and monitoring, and 2) recruit and manage six active Green Kent Stewards. As previously mentioned,we have recruited and trained 23 stewards, but we do not know how many will actually become active, i.e. holding regular work parties at their chosen site. Grant request: This grant request includes funding for project coordination from Cascade.Land Conservancy (CLC)and a Green Kent intern. CLC's role will be to: ® collect and track the field work being done by the stewards, ® assist staff to create annual steward work plans to ensure restoration goals are met,and ® provide technical input, recruitment outreach and leadership as needed. With 23 trained stewards potentially needing support until they can lead work parties without staff oversight,the Green Kent intern will supplement available Parks/CLC personnel.A native plants maintenance intern was funded by KCD In 2009 and 2010. This intern position's primary focus will be to provide field support for the volunteer stewards. 2. Natural Resource Improvement Actions a describe how the project will address a minimum of one of the natural resource improvement actions described on page 1 of the application instructions. Consider the following in your answer to this question: What natural resources will be improved?What are the known needs,gaps or deficits that will be addressed? What are the known benefits to soil, water, air,plants, fish and wildlife, landowners? Education &Outreach: Both Kent and CLC staff have made and will continue to make presentations to service clubs, neighborhood councils and other public gatherings about the goals of Green Kent. Landowners adjacent to public spaces and visitors in areas being restored have shown a great deal of interest in the types of invasive material being removed and the damage they do to the ecosystem.Green Kent Stewards will each receive fluorescent green T- shirts emblazoned with ASK ME ABOUT(Green Kent Partnership logo)at their first work party. Member lurisdictlon&WRIA Forum Grant Program,Application • July is,200E • Page 9 of 11 Capacity Building: 1) Natural areas strengthen local neighborhoods, improve property values and make communities more attractive and vibrant. 2) Kent Parks and Public Works staff collect data independently, and one of CLC's 2011 deliverables will be to track all our field work via a centralized data portal that can display our progress. Direct Improvement of Natural Resource Conditions: Our 2011 benchmarks include enrolling three new acres into initial restoration and new four acres Into maintenance and monitoring. We will continue to monitor already restored acres. 3. Project Activities and Measurable Results - using the table below, list specific project activities to be completed, the timetable for the activities, and the deliverables associated with those activities. Consider the following in your answer to this question: What actions, Interventions, programs, services will be deployed? Activity Description Deliverables Timellne Cost Per Activity 1. Field work: manage Site visits;volunteer sign-fn January - $26.50 per 1,300 Green Kent sheets collected and work December volunteer: Steward volunteer hours log data entered into 2011 database monthly; quarterly $6,750 - summaries CLC contract $9,500 - Parks volunteer coordinator $iS,200 - volunteer labor Q$14/hr. Tools: $5,000 2. Community outreach Maintain Green Kent website January- $12,250 - monthly,with postings of December CLC contract volunteer opportunities; 2011 minimum of 5 outreach $500 - events or materials Parks developed;assist with volunteer subsequent GK steward coordinator trainings-goal of at least 83 new attendees in 2011 3. Technical & Facilitate bi-monthly January- $13,025 - management support management team planning December CLC contract (including travel) meetings; help draft.annual 2011 work plans, produce annual report; review/update materials with restoration best management practices; facilitate information-sharing Member Jurisdiction&WRIA Forum Grant Program,Application m July 18,2008 • Page 10 of 11 with other Green Cities 4. Green Kent Intern Hire field intern for steward April- $2,571.43/ work party support: 7 acres October acre involved in 2011 2011 $18,000 4. Effectiveness(see page 2 of application instructions for definition) -describe how the project will effectively implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: Why is the primary applicant the best entity to deliver the proposed program/service/intervention?What is the capacity of the primary applicant to deliver the proposed program/service/intervention?What tools,services and partners will be brought to bear? Kent's 1,200+acres of parks,wetlands and other natural areas are maintained by City of Kent Parks and Public Works staff. Both departments include certified arborists and credentialed project managers experienced in natural resource improvement. Public Works also has an environmental ecologist who has been part of the Green Kent planning group since the beginning. Both departments will contribute tools to two strategically located storage sheds for use by stewards and will deliver additional tools to larger work parties. Beginning with Seattle in 2005, CLC developed the Green Cities Partnership,with the effort growing to a regional success story, having been fully established in Kirkland, Redmond Tacoma and now Kent. 5. Efficiency(see page 2 of application instructions for definition) - describe how the project will efficiently implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: How will the proposed program/service/intervention engage in conjunction with related efforts?How does your strategy best leverage resources? Kent Parks and Public Works staff collaborate on how best to use available King Conservation District funding to leverage City funds and other grant sources in order to accomplish strategic departmental and City goals. We are the only Green City to have conducted a SEPA review of our 20-year management plant. We have ben®fitted from the relationship with CLC and are confident that our 20-year plan will be both supported by the community and accomplished. 6. Equity(see page 2 of application instructions for definition) - describe how the project will equitably implement the natural resource improvement measures identified in question No.2 above. Consider the following in your answer to this question:In what part of the District will the proposed program/service/intervention occur? Who Is the target audience and what demographic section of the community will be affected? The program is being implemented in Kent, King County. Target audiences are park visitors (including avid bird-watchers,who are eager to see the return of more songbirds with the establishment of native vegetation), adjacent neighbors, landowners and school children,who are learning about Green Kent through Plant the Planet and a Green Kent steward from Scenic Hill Elementary, an award-winning Green School. 7. Evaluation of Intended Results - describe the evaluation mechanisms you will use to track, document,and report that the project has achieved the intended results described in questions 1-3. i I Member Jurisdiction&WRIA Forum Grant Program,Application o July 18,2008 • Page 11 of 11 j the Green Kent goals are CLC s Scope of Work entails monthly progress reports. Most of g quantifiable and easy to evaluate. S. Project Budget& Expenses Budget Item KCD Other Funds Other Funds Total Funds (City of Kent) (vol, labor, grants Staff salaries $18,000 $55,000 $18,200 $91,200 Travel/Meals/Mileage Office/Fleld Supplies:tools for $5,000 $5,000 stewards Professional Services: Cascade $32,000 $32,000 Land Conservancy contract Land Acquisfition Permits Other-media campaign (grant $15,000 $15,000 pending) TOTAL $50,000 $60,000 $33,200 $143,200 9. KCD Acknowledgement-Describe how the KCD will be acknowledged as a source of funding for the proposed program/service/intervention (see Grant Program Overview&Policies, General Grant Program Policies,#6). King Conservation District will be acknowledged on Kent-TV-21 by the Kent Parks Committee and the City Council during their televised meetings, on the City's website, Facebook page, in the Program Guide,which reaches 50,000 residents and in the E-Scene newsletter. It will also be recognized in printed Green Kent materials, if appropriate. � 1.21-11 i 1 Authorized Signature Date I! Member Jurisdiction&wRIA Forum Grant Program,Application a July 18,2008 Page 12 of 11 Z KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: May 3, 2011 SUBJECT: Grant Agreement with Department of Natural Resources, Green Kent Initiative - Authorize MOTION: Accept the grant from the Washington Department of Natural Resources in the amount of $9,084, amend the budget, and authorize the expenditure of funds in accordance with the grant terms. SUMMARY: Staff submitted a Community Forestry Assistance Grant request to the Washington Department of Natural Resources for $9,984 for the Green Kent Partnership. The funding will be used to hire consultants to assess city-owned parks and natural areas in the Panther Lake area, update the 20-year management plan; and create community outreach materials on the Green Kent Partnership, specifically how to recognize and remove invasive plants. The grant contract runs through June 30, 2012. EXHIBITS: Department of Natural Resources Grant Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Funds increase the Green Kent Partnership Budget WASHINGTON STATE DEPARTWNTOF Natural Resources PETER GOLOMARK'-COInMiSSIpn6r 01 PUOIIC lams INTERAGENCY AGREEMENT WITH THE City of Kent Parks Recreation & Community Services -11-283/K244-08-DG-014 Agreement No.IAA USDA Forest Service CFDA Number 10.664 I This Agreement is between the City of Kent Parks, Recreation&Community Services and the Washington State Department of Natural Resources,Resource Protection Division,referred to as DNR. DNR falls under authority of RCW Chapter 43.30 of Washington State,Department of Natural Resources. DNR and the City of Kent Parks, Recreation& Community Services herein after referred to as the Grantee, enter into this agreement under Chapter 39.34, Inter-local Cooperation Act. The purpose of this Agreement is to map and assess the 219 acres of City-owned urban forests and natural areas in the Panther Lake annaexation area and update the 20-year plan. As well as reach out to neighborhood residents to give them the opportunity to become engaged with work parties and trainings held in their area. IT IS MUTUALLY AGREED THAT: 1.01 Statement of Work.The Grantee shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to performing work set forth in the Attachment"A". 1.02 The Grantee shall produce a mid-report by January 15, 2012, and a final report upon project completion summarizing work performed and evaluating the performance and results of i this agreement. 2.01 Period of Performance. The period of performance of this Agreement shall begin upon final execution by both parties, and end on June 30,.2012,unless terminated sooner as provided herein. 3.01 Payment. Pay for the work provided is established under RCW 39.34.130.The parties estimate that the cost of accomplishing the work will not exceed nine thousand nine hundred and eighty-four dollars $9,984. Payment for satisfactory performance of work shall not exceed this amount unless the parties mutually agree to a higher amount before beginning any work that I of 7 Agreement No.IAA-I1-283/K244-08-DG-014 I could cause the maximum payment to be exceeded:Pay for services shall be based on the rates and terms described in Attachment"B". 4.01 Billing Procedures. The Grantee shall submit invoices no more than 4 times during the period of performance stated in section 2.01. Payment to the Grantee for approved and completed work will be made by warrant or account transfer within 30 days of receivin invoice. When the contract expires, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. 5.01 Records Maintenance. The Grantee shall maintain books,records, documents and other evidence, to sufficiently document all direct and indirect costs incurred by the City of Kent Parks, Recreation& Community Services in providing the services. These records shall be available for inspection,review, or audit by personnel of the DNR, other personnel authorized by the DNR, the Office of the State Auditor, and federal officials as authorized by law. The Grantee shall keep all books,records, documents, and other material relevant to this Agreement for six years after agreement expiration. The Office of the State Auditor,federal auditors, and any persons authorized by the parties shall have full access to and the right to examine any of these materials during this period. Records and other documents in any medium furnished by one party to this agreement to the other party will remain the property of the famishing party,unless otherwise agreed. The receiving party will not disclose this material to any third parties without first notifying the furnishing party and giving it a reasonable opportunity to respond. Each party will use reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 6.01 Rights to Data.Unless otherwise agreed, data originating from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the DNR and the Grantee. Data shall include,but not be limited to, reports, documents,pamphlets, advertisements,books, magazines, surveys, studies, computer programs, films,tapes, and/or sound reproductions. Ownership includes the right to use, copyright,patent,register and the ability to transfer these rights. 7.01 Independent Capacity.The employees or agents of each party who are engaged in performing this agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 8.01 Amendments. This Agreement maybe amended by mutual agreement of the parties. Amendments shall be in writing and signed by personnel authorized to bind each of the parties. i 9.01 Termination. Either party may terminate this Agreement by giving the other party 30 days prior written notice. If this Agreement is terminated,the terminating party shall be liable to pay only for those services provided or costs incurred prior to the termination date according to the terms of this Agreement. 10.01 Termination for Cause. If for any cause either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of the terms and conditions, the aggrieved party will give the other party written notice of the failure or 2 of 7 Agreement No.IAA-11-283/044-08-DG-014 i violation. The aggrieved party will give the other party 15 working days to correct the violation or failure. If the failure or violation is not corrected within 15 days,the aggrieved party may immediately terminate this Agreement by notifying the other party in writing. 11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like this: Each party to this agreement shall appoint a member to the dispute board. These board members shall jointly appoint an additional member to the dispute board.The dispute board shall evaluate the facts, contract terms, applicable statutes and rules, then determine a resolution. The dispute board's determination shall be final and binding on the parties. As an alternative to the dispute board, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330. In this case,the Governor's process will control the dispute resolution. 12.01 Governance.This contract is entered into the authority granted by the laws of the State of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: (1) Applicable State and federal statutes and rules; (2) Statement of Work; and (3) Any other provisions of the agreement, including materials incorporated by reference. 13.01 Assignment. The work to be provided under this Agreement and any claim arising from this agreement cannot be assigned or delegated in whole or in part by either party,without the express prior written consent of the other party.Neither party shall unreasonably withhold consent. 14.01. Waiver. A party that fails to exercise its rights under this agreement is not precluded from subsequently exercising its rights. A party's rights may only be waived through a written amendment to his agreement. 15.01 Severability. The provisions of this agreement are severable. If any provision of this Agreement or any provision of any document incorporated by reference should be held invalid, the other provisions of this Agreement without the invalid provision remain valid. 16.01 Insurances. The Grantee and DNR are part of the State of Washington and are protected by the State's self-insurance liability program as provided by Chapter 4.92 RCW. These agencies have entered into this agreement to provide/perform the Green Kent Partnership described therein. This agreement will terminate on the date listed in the period of performance. The agencies agree to share responsibility equally for losses that arise out of this agreement. (1) General Insurance Requirements At all times during the term of this agreement, the Contractor shall, at its cost and expense,buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain the required insurance may result in the termination of the agreement at DNR's option. 3 of 7 Agreement No.IAA-I1-283IIC244-08-DG-014 All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports unless otherwise approved by DNR. Any exception must be reviewed and approved by the DNR Risk Manager or in the absence of,the Contracts Specialist at FMD,before the contract is accepted. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. Before starting work, Contractor shall furnish DNR, with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified in the bid/proposal,if applicable, and Agreement. Said certificate(s) shall contain the Contract number IAA-11-283/K244-08-DG-014,name of DNR Project Manager, a description, and include the State of Washington, DNR, its elected and appointed officials, agents, and employees as additional insured on all general liability, excess,umbrella and property insurance policies. Contractor shall include all subcontractors as insureds under all required insurance policies,or shall furnish separate certificates of insurance and endorsements for each subcontractor. Subcontractor(s)must comply fully with all insurance requirements stated herein. Failure of subcontractor(s)to comply with insurance requirements does not limit Contractor's liability or responsibility. All insurance provided in compliance with this contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by DNR. Contractor waives all rights against DNR for recovery of damages to the extent these damages are covered by general liability or mnbrella insurance maintained pursuant to this Agreement. DNR shall be provided written notice before cancellation or non-renewal of any insurance referred to therein, in accord with the following specifications. (1) Insurers subject to Chapter 48.18 RCW(Admitted and Regulated by the Insurance Commissioner): The insurer shall give DNR 45 days advance notice of cancellation or non-renewal. If cancellation is due to nonpayment of premium, DNR shall be given 10 days advance notice of cancellation. (2) Insurers subject to Chapter 48.15 RCW(Surplus lines): DNR shall be given 20 days advance notice of cancellation. If cancellation is due to nonpayment of premium, DNR shall be given 10 days advance notice of cancellation. In lieu of the coverages required under this section,DNR at its sole discretion may accept evidence of self-insurance by the Contractor,provided Contractor provides the following: Contractor shall provide a statement by a CPA or actuary, satisfactory to DNR that demonstrates Contractor's financial condition is satisfactory to self-insure any of the required insurance coverages. DNR may require Contractor to provide the above from time to time to ensure Contractor's continuing ability to self-insure. If at any time the Contractor does not 4 of 7 Agreement No.IAA-11.283/K244-08-DG-014 ii satisfy the self-insurance requirement, Contractor shall immediately purchase insurance as set forth under this section. By requiring insurance herein,DNR does not represent that coverage and limits will be adequate to protect Contractor and such coverage and limits shall not limit Contractor's liability under the indemnities and reimbursements granted to DNR in this contract. The limits of insurance, which may be increased by DNR, as deemed necessary, shall not be less than as follows: (1) Commercial General Liability(CGL) Insurance: Contractor shall maintain general liability(CGL)insurance, and, if deemed necessary as determined by DNR, commercial umbrella insurance with a limit of not less than $1,000,000 per each occurrence and$2,000,000 for a general aggregate limit. The products-completed operations aggregate limit shall be$2,000,000. CGL insurance shall be written on ISO occurrence form CG 00 01 (or substitute form providing equivalent coverage). All insurance shall cover liability arising out of premises, operations, independent contractors, products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract(including the tort liability of another assumed in a business contract), and contain separation of insureds (cross liability) conditions. (2) Employers Liability(Stop Gap) Insurance: If Contractor shall use employees to perform this contract, Contractor shall buy employers liability insurance, and,if deemed necessary as determined by DNR, commercial umbrella liability insurance with limits not less than$1,000,000 each accident for bodily injury by accident or$1,000,000 each employee for bodily injury by disease. (3) Business Auto Policy(BAP)Insurance: Contractor shall maintain business auto liability and, if deemed necessary as determined by DNR, commercial umbrella liability insurance with a limit not less than$1,000,000 per accident. Such insurance shall cover liability arising out of"any Auto." Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage and cover a"covered pollution cost or expense"as provided in the 1990 or later editions of CA 00 01. Contractor waives all rights against DNR for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance. (4) Workers' Compensation Insurance: Contractor shall comply with all State of Washington workers' compensation statutes and regulations. Workers' compensation coverage shall be provided for all employees of Contractor and employees of any subcontractor or sub-subcontractor. Coverage shall include bodily injury(including death)by accident or disease,which arises out of or in 5 of 7 Agreement No.IAA-11-283/K244-08-DG-014 connection with the performance of this contract. Except as prohibited by law, Contractor waives all rights of subrogation against DNR for recovery of damages to the extent they are covered by workers' compensation, employer's liability, commercial general liability or commercial umbrella liability insurance. Contractor shall indemnify DNR for all claims arising out of Contractor's,its subcontractor's, or sub-subcontractor's failure to comply with any State of Washington workers' compensation laws where DNR incurs fines or is required by law to provide benefits to or obtain coverage for such employees. Indemnity shall include all fines,payment of benefits to Contractor or subcontractor employees, or their heirs or legal representatives, and the cost of effecting coverage on behalf of such employees. Any amount owed to DNR by Contractor pursuant to the indemnity may be deducted from any payments owed by DNR to Contractor for performance of this Contract. (5) To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless DNR, its officials, agents and employees, from and against all claims arising out of or resulting from the performance of the Agreement. "Claim" as used in this agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Contractor's obligation to indemnify, defend, and hold harmless includes any claim by Contractor's agents, employees,representatives, or any subcontractor or its employees. Contractor expressly agrees to indemnify, defend, and hold harmless DNR for any claim arising out of or incident to Contractor's or any subcontractor's performances or failure to perform the Agreement. Contractor's obligation to indemnify, defend, and hold harmless DNR shall not be eliminated or reduced by any actual or alleged concurrent negligence of DNR or its agents, agencies, employees and officials. Contractor waives its inununity under Title 51 RCW to the extent it is required to indenmify, defend and hold harmless DNR and its agencies, officials, agents or employees. 17.01 Complete Agreement in Writing.This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. 18.01 Contract Management.The Project Coordinator for each of the parties shall be the contact person for this agreement. All communications and billings will be sent to the project coordinator. 6 of 7 Agreement No.IAA-11-283/K244-08-DG-014 19.01 Project Coordinators. (1) The Project Coordinator for the Agency is Victoria Andrews. Telephone Number 253-856-5113. (2) The Project Manager for DNR is Sarah Foster. Telephone Number 360-902-1704. IN WITNESS WHEREOF,the parties have executed this Agreement. Grantee Dated: 20_ By: Title: Address: Phone: STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: ) 20_ By: Joseph P. Shramek Title: Division Manager Address: 1111 Washington St SE Olympia, Wa 98504-7037 Interagency Agreement Approved as to Form 9/29/97 By the Assistant Attorney General State of Washington 7of7 Agreement No.IAA-I1-283/K244-08-DG-014 ATT,ACHMENTA JA 2 7 205� 2011 Community Forestry Assistance Grant Pr�oposa APPLICATION FORM Project name (five words or less) Green Kent Partnership Location (City) Kent Tree City USA 0 Y 0 N Name of Applicant (Organization) City of Kent Parks Recreation & Community Services Daytime Phone#253-856-5113 Applicant's Federal I.D. Number 91-6001254 Address of Applicant 220 4th Avenue South City Kent State WA Zip 98032 Contact Person Victoria L. Andrews Daytime Phone#: 253-856-5113 Fax#: 253-856-6050 E-mail Address: vandrews(c)ci.kent.wa.us Brief Description of Project and Objective: Organization's mission: Kent Parks, Recreation & Community Services has been a full-time department since 1959. The Parks Department is committed to providing safe and inviting parks and facilities, and offer meaningful and inclusive recreational, cultural and human service programs. Our mission is: Dedicated to Enriching Lives. Project's purpose: In July 2010, the City of Kent annexed an area known as Panther Lake, adding 25,000+ new residents and 219 acres of parks, urban forests and other natural areas. This grant will enable the Green Kent Partnership to include all community members and all of Kent's public lands, not just those encompassed prior to July 2010. Project's objectives and benefits: Our city's natural areas require our intervention to . prevent the loss of tree canopy and habitat to invasive weeds that are outcompeting native species. Recognizing the limitations of current staff resources to adequately assess and address the problem, Kent Parks and Public Works Departments began - collaborating on finding efficient solutions. In 2009, Kent became the fifth Green City committed to working with the community to actively manage its urban forests and natural areas. The others are Seattle, Kirkland, Redmond and Tacoma. A $95,000 grant from the King Conservation District (KCD) in 2010 enabled Kent to launch the Green Kent Partnership: 1,189 acres of City-owned urban forested parks and other natural areas were surveyed and evaluated by Cascade Land Conservancy to establish baseline conditions. A detailed map and 20-year management plan were created: The KCD grant was approved prior to the July 1, 2010 annexation of an additional 219 acres of parks, urban forests and wetlands in an area of unincorporated King County formerly known as Panther Lake. Over 25,000 people live in the newly annexed area. We have a mandate to apply services consistently to every citizen. Panther Lake residents deserve a healthy environment, strong property values, and the other benefits of the Green Kent Partnership, too, even in the economy in which the City is currently operating. Scope of work: 1) With the assistance of the Community Forestry Assistance Grant, the 219 acres of City-owned urban forests and natural areas in the Panther Lake annexation area will be mapped and assessed for baseline conditions by Cascade Land Conservancy and International Forestry Consultants, 2) The 20-year plan will be updated to include the newly annexed area as well as three parcels purchased by Kent Parks after initial mapping was done. 3) Public outreach and education will be extended to Panther Lake neighborhood residents, and they will be given the opportunity and Call to Action to become actively engaged, by assisting an already trained Green Kent Steward in their area at work parties, by becoming a Green Kent Steward at the next training held, and by learning how to recognize and remove invasive plants in their yards. 4) The grant includes staff support for the special programs manager, who will recruit and educate volunteers, and a maintenance worker to assist at Green Kent and other volunteer events in the Panther Lake area. Facilities and equipment: This project will focus on the Panther Lake annexation area in the northeast section of Kent. It includes three parks (42.8 acres), three newly acquired parcels that will be developed into parks (40.31 acres) and 135.8 acres of wetlands and other natural areas managed by the Public Works Department. Parks and Public Works personnel make hand tools available to trained volunteer Green Kent Stewards. Staff bring any heavy equipment needed to mow, prune overhanging tree branches and address other site needs when there are no volunteers present. Consultants use their own equipment to map and assess the areas. Project's outreach to culturally diverse populations, educational value and ability to be replicated: The City of Kent, which has been a Tree City USA since 2003, is increasingly diverse, with 114 languages spoken in the Kent School District. Many of those students, including those in the annexation area, which is part of the Kent School District, take part in the City's Plant the Planet program and learn about native plants. High school students from virtually every ethnic and cultural group in the City participate in our volunteer events to earn required community service credits. And, as Green Kent Stewards get more active, students can be directed to work parties closer to their homes. In our outreach materials, we increasingly rely on colorful graphic representations of active vs. passive forest management that are immediately understandable by those who may not speak English. Property owners adjacent to parks and natural areas are largely unaware that the English ivy, holly and laurel, Himalayan blackberries, and other plants they have on their property are not native to the Northwest. Their seeds are spread indiscriminately by I birds and the wind. Parks and Public Works staff are frequently asked what they are doing and why. It will be the same with our Green Kent stewards, wearing their"Ask Me About the Green Kent Partnership" reflective T-shirts. They will become our ambassadors, just as staff are who lead community restoration events. The Kent TV-21 public access channel and YouTube will run a feature about how to recognize and remove invasive species as well as how to plant native trees and shrubs. As the first Green City, the Green Seattle Partnership now has five years of success stories and more than 100 stewards actively leading their neighbors and friends in environmental restoration-activities. Over the next-20-years, if every Kent resident, including the 25,000+ in Panther Lake annexation area, contributed just 6 hours, staff and neighbors together would achieve our goal of restoring and maintaining the City's parks and natural areas. That's 800,000 hours...valued at $11.2 million We have seen what is possible in Seattle and the other Green Cities, and with Kent's already vibrant volunteer base, we are certain we will achieve our goals. We anticipate that other cities will recognize the value of joining this regional effort and extend it beyond Puget Sound. Timetable, reasonable cost: The project will be concluded by the end of 2011. The per-resident cost to include Panther Lake's natural areas in the 20-year urban forest management plan is less than $1.87. That is a significant ROI for the City of Kent, the Urban and Community Forestry Program and the health of our urban forests. Is this project currently funded through another entity? ❑ Yes 0 No . Was this project previously funded through another entity? ❑ Yes O No* *This is a new component of a 20-year project that received funding for Year 1 through another entity. DNR funds requested from budget work sheet $9,984 Applicant share provided from budget work sheet $5,744 In-kind share from budget work sheet $626 Cash donations from budget work sheet $0 Total amount of project from budget work sheet 1$ 6 353 By signing this grant proposal application form the undersigned agrees that all information is accurate to the best of their knowledge. Victoria L. Andrews Special Programs Manager 1/25/2011 Name and Title of Representative Date t 2 t` 4ignature ofAutho izesentative ate i back ATTACHMENT B BUDGET WORKSHEET Applicant City of Kent Parks Recreation & Community Services Project Name Green Kent Partnership ITEM Grant Applicant In-Kind TOTAL Share International Forestry Consultants: $2,904 $2,904 assessment/mapping of city-owned parks and natural areas in the newly annexed area known as Panther Lake and three newly acquired park parcels:219 acres @ $13.26/acre Cascade Land Conservancy: update 20- $1,250 $3,050 year management plan and integrate $1,800 newly annexed natural areas into Green Kent Partnership goals. Green Cities Director: 10 hrs. X $125/hr. Green Cities Associate: 20 hrs. X $90/hr. Community Outreach: (print and $4,030 $4,030 electronic) with a focus on how to 1) recognize/ remove invasive plants and 2) get involved in Green Kent. 8-1/2" x 5- 1/2" postcards (10,000 printed & mailed). 30,000 flyers for community fairs, cultural/school events; etc.-possibly in multiple languages Project oversight: special programs $1,680 $1,680 manager: 40 hrs. @$42/hr. Spec. programs mgr.: recruiting, training $3,360 $3,360 and supporting minimum of 3 new Green Kent stewards from Panther Lake area: $80 hrs. $42/hr. Volunteer match: training, site visit, first T$644 $626 staff-supervised work parties for 3 new stewards: 10 hrs. X 3 vols. @$20.85/hr. Maintenance support at training, site $644 visits, first work parties: 20 hrs. $32.22/hr. Field supplies for stewards: gloves, T- $60 $60 shirts, field guide, clipboard, logs, etc.: $20 each X 3 stewards TOTAL ($1 OK max) $9,984 $5,744 $626 $16,353 Z KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: May 3, 2011 SUBJECT: Sublease Agreement with Aquatic Management Group, Kent Pool - Authorize MOTION: Authorize the Mayor to sign the Kent Pool Sublease Agreement with Aquatic Management Group, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Since King County's transfer of the Kent Pool to the City in 2003, the Aquatics Management Group (AMG) has been the contracted operator of that facility. The current lease agreement is scheduled to expire on May 25, 2011, coinciding with the expiration of the current land lease with the Kent School District. City staff recommends continuing the operational agreement with AMG. The terms of this agreement with AMG are consistent with the Lease Extension Agreement that the City is entering into with the Kent School District for the portion of land where the Pool resides at Kent Meridian High School. EXHIBITS: Draft Sublease Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: $95,000 of operational support will come from the Parks, Recreation and Community Services General Fund budget, including a portion from the Annexation Budget, as the Pool serves all of Kent. The $25,000 in Capital Funds will come from the Facilities Capital Budget. i II KENT POOL SUBLEASE AGREEMENT THIS LEASE AGREEMENT is made by and between the CITY OF KENT, a Washington municipal corporation ("City"), and AQUATIC MANAGEMENT GROUP, INC., a Washington corporation ("Lessee"). SECTION 1. LEASE PREMISES. The City subleases to the Lessee the Kent Pool (the "Pool"), located at 25316 1015` Avenue S.E., Kent, Washington. The areas subleased are described in the floor plan, which is depicted in Exhibit "B" attached and incorporated by this reference. The leased areas are herein referred to as the "Premises." In addition to the terms of this Agreement, Lessee agrees to abide by the terms of the Lease in Exhibit "A." SECTION 2. USE OF PREMISES The Lessee shall occupy, manage, and operate the Premises as a public pool in accord with the conditions and restrictions in King County Resolution No. 34571. This leasehold interest includes the right to charge fees for the public pool services rendered by Lessee on the Premises. The City further grants the Lessee the right to operate vending machines and sell aquatic related merchandise on the Premises. The Lessee shall not conduct any other business or social activity at the Pool, or use the Pool for any other purpose without first having obtained the City's prior written consent. SECTION 3. TERM. The term of this Agreement shall be for one year, and shall begin on May 26, 2011, and end at the conclusion of May 25, 2012. At the end of this term, the lease may be extended for additional one year terms subject to the written agreement of terms and conditions by the City and the Lessee, and such additional one year terms need not be approved by the City Council. The City shall have the right, prior to any extension, to review the financial records of the Lessee in order to confirm the Lessee's ability to meet the obligations of this Agreement. The Lessee shall provide the City at least one hundred eighty days prior written notice of its intent to seek an extension of the lease. I Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page 1 of 15 SECTION 4. LESSEE COY S11DERATION AND PAYMENT � The Lessee shall provide to the City the following consideration: A. Public Services. Provide public pool services pursuant to the terms of this Agreement. These public pool services had previously been provided by King County, but in April 2002, King County determined that the Pool would have to be closed unless the City or another entity took over operation and management of the Pool. The Pool was closed in December 2002 when no agreement had been reached between King County and the City regarding the pool. In March 2003, the City received a deed for the Pool from King County and received an assignment of the lease between King County and the Kent School District. B. Annual Rent. Pay to the City One Dollar ($1.00) annually within 30 days of execution of this Agreement, and within 30 days of any extension of this Agreement. C. Leasehold Tax. Pursuant to Chapter 82.29A RCW, Lessee shall pay quarterly to the City, on the 151h day of the month following the end of each quarter, the amount of state leasehold tax owing. The state leasehold tax, currently 12.8411/o will be based on the fair market value of the rent for the premises. SECTION B, CITY CONSIDERATION AND PAYMENT - ANNUAL FED. The City shall have the following obligations under this Agreement. Annual Fee. Payment to Lessee of an amount not to exceed Ninety-Five Thousand Dollars and NO/100 (95,000.00) for maintenance, operation, and improvements to the Pool, and up to an additional Twenty-Five Thousand Dollars and NO/100 (25,000) annually for capital repairs and lifecycle improvements to the Pool. The City acknowledges that operating the Pool is not a profitable endeavor as seen by King County's experience with the Pool and during the time the City has subleased the pool, and by the responses received when offers to take over the pool were solicited. On January 315C of each year, Lessee shall submit financial documentation to the City showing the profit or loss incurred the previous year. 6 a^TION G. LESSEE'S OPERATIONAL OBLIGATIONS, Lessee shall perform the following tasks: A. Public Use. Promote and manage the use of the Pool for use as a public pool. Lessee shall establish for City approval a seasonal schedule of aquatic programs. Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page 2 of 15 B. Janitorial Service. Provide janitorial service for the interior and exterior boundaries of the Pool grounds. C. Personnel. Provide competent personnel in numbers to adequately serve the Pool patrons. Train and supervise personnel in their work and provide the City with any training manuals used. All staff must have the necessary aquatic training and certification as required by the State of Washington, and the Red Cross or Ellis & Associates. All training and certification records shall be easily accessible for review by governing agencies and the City. D. Utilities. Pay for all utilities associated with the Premises. E. Maintenance. Maintain the Pool, counter/kiosk area, patios, including garbage containers around buildings and entryways in a clean, well-kept, orderly manner to the satisfaction of the City. Conduct maintenance and repairs to interior facilities and fixtures, including all pool equipment, lights, plumbing, furniture, locks associated with the Premises, Lessee's tools and equipment, and Lessee's leased equipment. F. Hours of Service. Provide hours of service that meet the public demand for use of the Pool. Lessee shall keep the Pool open Monday through Saturday, except Thanksgiving Day and December 251h of each year, except as provided in Section 7 below. Sundays will be reserved for special events. The City's Parks and Recreation director (the "Director") must approve any other days that Lessee proposes to close the Pool prior to any closure. G. Advertisino. Provide necessary or appropriate advertising to publicize the Pool; provided, the City shall commit to providing the following as part of that advertising program: 1. Full page in each City Parks & Recreation Program Guide; 2. Printing of two marketing pieces per year to be delivered through the Kent School District; and 3. Promotion support of Pool on Kent Commons reader board. H. Alarm System. Install and maintain a burglar alarm system if it is mutually agreed that a system is needed. I. Fee Schedule. Propose to the City a schedule of fees for use by the Pool. These fees shall include, but not be limited to, lessons and public swim times. The list of fees must be approved by the Director, but the Director may not unreasonable withhold his/her approval. Any subsequent changes to the schedule of fees must be agreed upon by Lessee and the Director. Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page 3 of 15 J. Policies and Procedures. Abide by the following operating policies and procedures: 1. Operate the Pool pursuant to the rules and regulations established by the City and any aquatic facility governing agency. 2. Expel from the Pool unruly persons or those under the influence of intoxicants. 3. Prohibit illegal activity on the Premises. 4. Respond in a timely and reasonable manner to members of the public with complaints regarding the Pool. Lessee shall supervise a public relations program for the Pool. Lessee shall refrain from derogatory comments regarding the City's Pool policies or decisions. Lessee shall explain to Pool staff and Pool users the City's Pool policies or decisions. 5. Prohibit use of the Premises for ancillary, revenue-producing activities, unless expressly authorized by the City prior to any such activities and subject to any conditions imposed by the City. 6. Regulate the conduct of all persons at the Pool including preventing trespassing and other behavior that may cause harm or damage to the Pool 7. Perform a daily physical inspection of the Pool on all days of operation, and immediately report any unusual or unsafe conditions to the Parks and Recreation Department (the "Department"). Such reports shall be followed by written correspondence to the Department. 8. Communicate with the Director, or his or her designated staff, on a regular basis regarding the Pool's operations and conditions. 9. Obtain prior written City approval for all advertisement for commercial vendors. I K. Financial Reports. Provide quarterly financial reports to the Department. Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page 4 of 15 L. Documentation of Solvency. Submit to the City by March 315t, either a b copy of the previous year's annual report or a Certificate of Solvency y a certified public accountant to demonstrate Lessee's financial solvency and ability to maintain operations under this Agreement. M. New Aquatic Facility. Assist the City in planning, feasibility studies, and promotion of the construction of a new aquatic facility in the City of Kent as directed by the Kent City Council. N. Audits. All revenue and fees collected at the Pool are subject to audit by the State Auditor, the City, or City hired Certified Public Accountants. The Lessee shall permit the City, at any time during business hours, through its designated representative, to inspect and verify such accounts and all other business records concerning operations at the Pool. Detail backing up the subsidiary records is subject to audit and records are to be retained per RCW 40.14, record retention laws. The Contractor shall take immediate corrective action on all prior, current, or future internal accounting weaknesses as directed by the City. Sr:�CTXON 7. POOL CLOSURE A. Closure due to Catastrophe. The Pool shall remain open unless it is closed as a result of causes beyond the control, fault, or negligence of the parties. Such causes may include, without limitation, acts of God or public enemy, acts of the federal, state, or local governments, fires, floods, earthquakes, epidemics, volcanic eruptions, quarantine restrictions, strikes, freight embargoes, court orders, and unusually severe weather or other conditions that cause all or a portion of the Pool to be closed for extended periods of time. Should either the City or the Lessee fail to perform because of a cause described in this subsection, the City and the Lessee shall make a mutually acceptable revision to Sections 4, 5, and 6 of this Agreement. Additionally, this Agreement may be terminated if the Pool is deemed unusable by the City as a result of major damage or destruction and the City elects not to rebuild the unusable portions. Closure of the Pool under the above conditions shall not be a breach of this Agreement. B. Closure for Maintenance. In the event that Lessee determines that it is necessary to close all or a portion of the Pool due to regular maintenance, repair, capital improvements, inclement weather, or similar conditions that result in a situation where the Pool's condition is unsatisfactory for use, or if damage to the Pool is likely if it remained open, the Lessee shall coordinate such closure with the City prior to the closures. Closure of the Pool under the above conditions shall not be a breach of the Agreement. Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page S of 15 C. Permanent Closure by the_ C t . Should the City determine that the Pool must be permanently closed for any reason, including but not limited to, structural damage, cost of repair, or expense of operation, Lessee shall comply with the City's decision and close all or part of the Pool, depending on the City's decision, at no cost to the City. Closure of the Pool under such conditions shall not be a breach of the Agreement. SECTION 8. SIGNAGE All graphics placed upon or affixed to any part of the Premises shall be subject to the prior written approval of the City or its representative, which approval shall not be unreasonably withheld. The Lessee will follow all City sign codes. The Lessee shall submit detailed plans and secure any needed permits/approvals for all exterior and interior signs. ECTTON 9. CAPITAL :MPROVEWNTS/REMODELING A. Generallv 1. Lessee shall, prior to commencing any alteration, improvement, or construction, submit to the City in writing, plans for alterations, improvements, and construction along with a breakdown of the cost of such improvements. 2. All plans submitted are subject to the approval of the Director or his/her representative prior to commencement of any alteration, improvement or construction. The City agrees to promptly review the plans, and if the alteration, improvement, and construction is acceptable, to promptly approve the same. The plans as approved shall be attached to an executed copy of this Agreement and be incorporated herein. This approval by the Director is in addition to any plan review or issuance of permits by the City in its capacity as a governing body rather than a landlord. 3. All work performed shall be done to the satisfaction of the City and shall be carried out in a manner that minimizes impact upon the use of the Pool by the public. Lessee shall be responsible for obtaining all governmental permits, for meeting all code requirements, and shall submit copies of the same to the City or its representative prior to commencing any construction on the Premises. i Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page 6 of 15 4. The City may conduct inspections of any capital improvement work at any time to assure itself that such work is in accordance with the plans approved by the City. In the event any such work is not performed according to the plans as then approved by the Director, the Director or his/her representative shall send a Notice of Non-Compliance to the Lessee. In the event the Lessee fails to make corrections within twenty (20) days after the Lessee's receipt of such Notice of Non-Compliance, the Department may make whatever corrections are necessary to bring such work into compliance with the plans as approved and shall charge the Lessee for all costs of such corrective work. 5. The City may require Lessee, prior to commencement of any construction work, to provide payment and performance bond(s) in a form(s) approved by the City Attorney, payable to the City in the full and just value of such capital improvements, conditioned that all provisions of this Agreement relating to capital improvements shall be faithfully performed by the Lessee, or the surety, if required. 6. Lessee shall furnish the City with a complete set of reproducible 24"x36" mylar drawings reflecting the final "as-built" condition of all capital improvements within thirty (30) days after completion of the construction. Lessee shall furnish to the City copies of all operating manuals, equipment brochures, paint schedules and material brochures for such improvements. 7. Lessee will use recycled products whenever possible. 8. All alterations, capital improvements, and construction shall be constructed and installed solely at the Lessee's expense, unless the City expressly agrees in writing to contribute toward the costs thereof. All alterations and capital improvements by Lessee shall become and remain the property of the City. All equipment, fixtures, and furnishings installed by Lessee will be maintained and repaired by Lessee. B. Initial Capital Improvements. Lessee shall pay for and construct, subject to this Section 9, the capital improvements to the Pool as mutually agreed to by the parties. SECTION 10. TAXES/FEES Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page 7 of 15 The Lessee shall promptly pay all taxes and fees for its operations to the i appropriate collecting agencies. SECTION 11. NON-DISCRIMINATION Lessee shall conduct its business in a manner which assures fair, equal and non-discriminatory treatment at all times in all respects to all persons without regard to race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory mental, or physical disability. No person shall be refused service, be given discriminatory treatment or be denied any privilege, use of facilities, or participation in activities on the Premises on account of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory mental, or physical disability. Failure to comply with any of the terms of this provision shall be a material breach of this Agreement. Lessee shall comply with all applicable Federal, state, county, and city laws, ordinance, rules and regulations regarding non-discrimination in employment, and the provision of services to the public in a non-discriminatory manner. The Lessee shall be responsible for complying with the ADA with respect to any improvements installed by the Lessee, the placement of furniture and furnishings, and the Lessee's operations. f ; PION 12, INSURANCE During the term of this Agreement and any extension thereof, the City shall maintain an insurance policy on the Premises in the amount of the replacement cost for damage from fire; earthquake, and other perils. Said insurance policy shall also insure the replacement value of the equipment provided by the City pursuant to this Agreement. The Lessee shall be responsible for maintaining its own fire and hazard insurance on Lessee owned personal property and leasehold improvements placed within the Premises by the Lessee. The Lessee 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 Lessee, its agents, representative, employees or subcontractors. The Lessee shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page 8 of 15 it 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to blanket contractual, products/completed operations; broad form property damage, premise operations, employer's liability; and personal injury. Any payment of deductible or self-insured retention shall be the sole responsibility of the Lessee. The City shall be named as an additional insured on the insurance policy, and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The Lessee's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit brought, except with respects to the limits of the insurer's liability. The Lessee's insurance shall be the primary insurance with respect to the City, and the City shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. SECTION 13. INDEMNIFICATION/HOLD HARMLESS The Lessee shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 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 Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Lessee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. SECTION 14. MUTUAL RELEASE AND WAIVER. Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page 9 of 15 The Lessee and City shall not assign to any insurance company any right or cause of action for damages which the parties now have or may subsequently acquire against the other party during the term of this Agreement and shall waive all rights or subrogation for such damage. SECTION 15. STANDARDS. Lessee recognizes that although it is operating its facilities as an independent operator for profit, the City is organized and exists for the purpose of maintaining park and recreation facilities for the use and enjoyment of the general public. The Lessee, its agents and employees, will devote their efforts toward rendering courteous service to the public with a view of adding to the enjoyment of the patrols of this recreational facility. SECTIONI6. COMPLIANCE WITH LAWS. Lessee shall comply with all applicable Federal or State laws and City ordinances and with applicable Federal, State, City and local rules and regulations. SECTION 17. SURRENDER OF PREMISES AND REMOVAL OF LESSEE'S PROPERTY. A. Surrender. Upon termination or expiration of this Agreement, the Lessee shall surrender the Pool to the City and promptly surrender and deliver to the City all keys that it may have to any and all parts of the pool. B. Condition, The Pool shall be surrendered to the City in as good a condition as at the date of execution of this Agreement, except for the effects of reasonable wear and tear, alterations, and repairs made with the concurrence of the City. C. City Property. All City purchased and owned equipment and furnishings, and any such equipment and furnishings situated within the Premises subsequently purchased and owned by the City shall remain City property and be left on the Premises. SECTION 18. LIENS AND ENCUMBRANCES Lessee shall keep the Premises free and clear of any liens and encumbrances arising or growing out of its use and occupancy of the Premises. At the City's request, Lessee shall furnish the City written proof of payment of any item which would or might constitute the basis for such a lien on the Pool if not paid. Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page 10 of 15 SECTION 19. ENTRY. The City's representative may enter the Pool during normal operating hours for the purpose of inspecting the Pool, except in the case of emergency when the City may enter at any time, but this right shall impose no obligation upon the City to make inspections to ascertain the condition of the Pool. During operating hours, city employees will check in at the front counter to best coordinate with the Lessee. SECTION 20. BREACH A. Notice of Breach. In the event that either party claims that the other is in a breach of any of the provisions of this Agreement, notice of the breach shall be submitted to the party alleged to be in breach and the party in breach shall have thirty (30) days from receipt of the notice within which to correct any activity or conduct claimed by the other to have constituted a breach of this Agreement. B. Remedies. In the event that the party in breach fails to correct the activity claimed to constitute a breach of this Agreement within thirty (30) days of receipt of the notice of breach, the party claiming breach may: 1. Issue a notice of termination in writing by certified mail (return receipt requested), or by personal delivery setting the reason for termination, and/or 2. Seek a judicial remedy, including specific performance; and/or 3. Pursue any other remedy available at law or equity. C. Fees at Termination. In the event of termination, Lessee shall owe to the City a portion of the annual fee set forth in Section 5 equal to the amount of the fee divided by 12 months and multiplied by the number of months remaining in the Lease. SECTION 21. TERMINATION OTHER THAN BREACH A. Pool Closure. In the event that the City determines in its sole discretion, to close the Pool for reasons in accord with Section 7, the City may terminate this Agreement upon issuance of a Notice of Termination giving the Lessee sixty (60) days from receipt to vacate the Pool per Section 17. A notice of breach is not required under these circumstances. B. Notice of Termination. Under circumstances other than Section 20.0 above, upon receipt of written notice of termination by the City, Lessee will have sixty (60) days to vacate the Pool, unless Lessee has abandoned the Pool, in which case the City may take immediate possession of the Pool Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page 11 of 15 i SECTION 22. ASSIGNMENT. Lessee shall not voluntarily, by operation of law, or by process or proceeding in any court, assign, transfer, mortgage, pledge, hypothecate, or encumber this Agreement, or any interest therein, and shall not subcontract the obligations under this Agreement, or any part thereof, without the prior written consent of the City. Any such assignment, subcontracting or use without compliance with the terms of this paragraph shall be void and shall constitute a default under the terms of this Agreement. If Lessee is a corporation, any transfer of this Agreement from Lessee by merger, consolidation, or liquidation, or any change in the ownership or power to vote in a majority of the outstanding voting stock of Lessee shall constitute an assignment for purposes of this paragraph. Any consent to one assignment, subcontracting, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subcontracting, or use by another person. Consent to any such assignment, subcontracting or use shall in no way relieve Lessee of any liability under this Agreement. Assignment by Lessee to a financial institution holding a security interest in this Agreement shall not be considered a violation of the consent requirements of this Agreement. Consent for any subsequent assignment by said financial institution to another Lessee will not be unreasonably withheld; however, any assignee must have experience and be knowledgeable in public pool management. SECTION 23. MODIFICATION. The parties hereto reserve the right to amend this Agreement from time to time as may be mutually agreed. No amendment hereto shall be effective unless written and signed by authorized representatives of the parties. SECTION 24. PAYMENTS TO VENDORS. The Lessee shall pay timely all suppliers and contractors providing services, materials or equipment for carrying out its obligation under this Agreement. The Lessee shall not take or fail to take any action in a manner that causes the City or the Premises to be subject to any claim or lien of any person without the City's prior written consent. SECTION 25. CONFIDENTIALITY OF RECORDS. The City will, to the extent allowed by law, keep all of Lessee's financial cost information confidential, unless required to disclose the information as a result of the Washington Public Records Disclosure law, Ch. 42.56 RCW or by court order. SECTION 26. SEVERABILITY. Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page 12 of 15 In the event any one or more of these sections are held invalid by a court of competent jurisdiction, they shall be severed and this Agreement shall not be voided in its entirety. This Agreement shall then be interpreted as if such invalid agreements and covenants were not contained herein. SECTION 27. WASHINGTON LAWS A. This Agreement shall be construed according to the laws of the state of Washington. B. Any litigation arising under this Agreement shall occur, if in state court, in the King County Superior Court having jurisdiction thereof. SECTION 27. ENTIRE AGREEMENT This Lease, including the exhibits and addenda, if any, contains the entire agreement of the Parties. All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Premises, if any, are merged into this Lease. SECTION 28 NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: Parks and Recreation Director City of Kent 220 Fourth Avenue South Kent, Washington 98032 (243) 856-5100 Telephone (253) 856-6050 Facsimile Aquatic Management Group, Inc ele T hone p Facsimile Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page 13 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Lease CITY By: Print Name: Suzette Cooke Its: Mayor Date: AQUATIC MANAGEMENT GROUP, INC. By: Print Name: Its: Date: Notary Acknowledgements Appear on Following Page P:\Civil\Files\Open F11cs\1580-Kent Pool\KENT POOL SUBLEASE AGREEMENT 2011.docx STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON ) Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page 14 of 15 ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of Aquatic Management Group, Inc_ to be the free and voluntary act of such parry for the uses and purposes mentioned in the instrument. Dated: -Notary Sea! Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires it Kent Pool Lease Agreement City of Kent and Aquatic Management Group, Inc Page 15 of 15 Z KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: May 3, 2011 SUBJECT: Lease Extension Agreement with Kent School District, Kent Pool - Authorize MOTION: Authorize the Mayor to sign the Kent Pool Lease Extension Agreement with the Kent School District, pending Kent School Board approval, and subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: King County and the Kent School District (KSD) entered into a lease agreement 40 years ago for a Pool to be built by the County on School District property at Kent-Meridian High School. In 2003, ownership of the Pool was transferred from King County to the City of Kent. As part of the transfer, the original lease with the KSD was assigned to Kent. The original lease expires on May 25, 2011. This Agreement extends the lease so that the pool can continue operating in its current capacity. The Agreement is a year-to-year lease for up to 10 years. EXHIBITS: Draft Lease Extension Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: None LEASE EXTENSION AGREEMENT DIWAPr THIS LEASE EXTENSION AGREEMENT ("Lease Extension") is entered into by and between KENT SCHOOL DISTRICT NO. 415, a Washington municipal corporation ("Lessor"), with offices located at 12033 SE 256t" Street, Kent, Washington 98030, and the CITY OF KENT, a Washington municipal corporation ("Lessee"), with offices located at 220 Fourth Avenue South, Kent, Washington 98032. RECITALS: WHEREAS, Lessor is the owner of the property located at 10020 SE 256t" Street, in the City of Kent, legally described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Premises"); and WHEREAS, Lessor leased the Premises to King County, Washington, a legal subdivision of the State of Washington (the "County") in a Lease Agreement dated May 26, 1971 (the "Lease"), which is attached hereto and incorporated herein by this reference as Exhibit "B"; and WHEREAS, the County constructed a facility known as the Kent Pool ("Pool") on the Premises; and WHEREAS, the County and Lessee reached an agreement for transfer of ownership of the Pool from the County to Lessee pursuant to an Intergovernmental Land Transfer Agreement Between King County and the City of Kent entered into on March 10, 2003,; and WHEREAS, the County assigned its interest in the Lease for the Premises to Lessee pursuant an Assignment Agreement Between King County, the City of Kent, and the Kent School District, entered into on March 10, 2003, which is attached hereto and incorporated herein by this reference as Exhibit "C"; and WHEREAS, per the terms of the Lease, the initial 40 year term expires on May 25, 2011, but includes an option to renew upon terms to be negotiated by the parties; and WHEREAS, Lessor and Lessee desire to extend the term of the Lease under the same terms of the initial 40 year term except as otherwise provided below.; NOW THEREFORE, Lessor and Lessee hereby agree and covenant as follows: Lease Extension Agreement - Page 1 (Between Kent School District No. 415 and the City of Kent) I. Lease Term. The term of the Lease Extension shall be for one (1) year and shall commence on May 26, 2011 (the `Commencement Date") and shall end on May 25, 2012. Additionally, Lessee shall have the option to renew this Lease Extension for nine (9) additional one (1) year terms ("Renewal Term") with the same covenants and conditions set forth herein without additional action of the City Council. Lessee may exercise the right to a Renewal Term by providing Lessor written notice at least thirty (30) days prior to the commencement of the successive Renewal Term. Upon expiration of the Lease Extension, the terms, covenants and conditions of this Lease Extension shall terminate, unless specifically stated to survive termination. 2. Indemnity. The indemnification provisions of the Lease shall be amended as follows: 2.1 Except as provided for in section 2.2, the Lessor shall not be liable for any injury to any person or for any loss of or damage to any property occurring in or about the Premises or the buildings thereon and caused by or resulting from any act or omission by any officer, agent, employee, guest, invitee, or visitor of Lessee; and, during the term hereof, Lessee agrees and covenants to indemnify, defend, and hold harmless the Lessor and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on the Premises, in or on said building, or on any areas adjoining the same, which is under the control or use of Lessee pursuant to this lease and arising out of or in connection with Tenant's use and occupancy of the Premises. 2.2 Lessor agrees and covenants to indemnify, defend, and hold harmless the Lessee, its officers, employees, and agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgment of whatsoever kind or nature whether to persons or property, arising out of or in connection with the Lessor's negligence in its performance under this Lease or use of the Premises. 2.3 The provisions of Section 2 shall survive the expiration or termination of this Lease Extension. 2.4 Should a court of competent jurisdiction determine that this Lease 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 Lessor and Lessee, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be Lease Extension Agreement - Page 2 (Between Kent School District No. 415 and the City of Kent) only to the extent of the Lessee's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually negotiated by the parties. 3. Insurance. The insurance provisions of the Lease shall be amended as follows: 3.1 During the term of this Lease Extension and any Renewal Term thereof, the Lessee shall maintain an insurance policy on the Premises in the amount of the replacement cost, for damage from fire; earthquake; and other perils. The proceeds on a claim against said insurance policy for damage shall be used to repair damage to the Premises and buildings insured and to repair or replace any damaged personal property provided by the Lessor. 3.2 The Lessee shall be responsible for maintaining its own fire and hazard insurance on Lessee owned personal property and leasehold improvements placed within the Premises by the Lessee. 3.3 The Lessee shall procure and maintain for the duration of the Lease Extension, insurance against claims for injuries to persons or damage to property which may arise from or in connection with this Lease Extension by the Lessee, its agents, representatives, employees or subcontractors. The Lessee shall provide a Certificate of Insurance evidencing the following: 3.3.1 Automobile Liability insurance with limits no less than $5,000,000 combined single limit per accident for bodily injury and property damage. 3.3.2 Commercial General Liability insurance written on an occurrence basis with limits no less than $5,000,000 combined single limit per occurrence and $5,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property damage; premise operations; and employer's liability. Lease Extension Agreement - Page 3 (Between Kent School District No. 415 and the City of Kent) i 3.4 Any payment of deductible or self-insured retention shall be the sole responsibility of the Lessee. 3.5 Lessor shall be named as an additional named insured on the insurance policy, with respect to work performed by, or on behalf of, the Lessee, and a copy of the endorsement naming Lessor as additional named insured shall be attached to the Certificate of Insurance. i 3.6 The Lessee's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit brought, except with respect to the limits of the insurer's liability. 3.7 The Lessee's insurance shall be the primary insurance with respect to Lessor, and Lessor shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. 3.8 In the alternative, Lessee may satisfy the requirement in subsection 3. by being a participant in an authorized self insurance pool in the state of Washington with protection equal to or greater than that specified in subsection 3. 4. Damage or Destruction. The parties recognize that some or all use of the Premises or the buildings thereon may be interfered with or prevented because of fire, earthquake, flood, storm, landslide, act of war, vandalism, theft or other extraordinary casualty ("Casualty"). i 4.1 Material Damage. If the Premises or buildings thereon are j damaged or destroyed by fire or any Casualty which cannot, despite diligent, good faith efforts be repaired or restored within one hundred twenty (120) days following the date on which such damage occurs, then Lessee may elect to terminate the Lease effective as of the date of such damage or destruction. Within thirty (30) days after the date of such damage, the parties shall determine how long the repair and restoration will take. After that determination has been made, Lessee shall have a period of thirty (30) days to terminate the Lease by giving written notice to Lessor. In the event that Lessee elects to terminate the Lease, Lessee shall not be required to use the insurance proceeds, as required in Section 3, to repair or restore the Premises and buildings thereon. 4.2 Repair after Damage. If Lessee does not give notice of Lessee's election to terminate as provided in subsection 4.1, then the Lessee shall, Lease Extension Agreement - Page 4 (Between Kent School District No. 415 and the City of Kent) �I subject to the provisions of this Section, immediately commence and diligently pursue the completion of the repair of such damage so that the li Premises and buildings thereon are restored to a condition of similar quality, character and utility for Lessee's purposes. In no event shall the Lessee be obligated to spend more money on the repair than is provided by insurance proceeds in subsection 3. 4.3 Uninsured Damage. If damage or destruction is caused by a peril not required to be insured against hereunder and for which insurance proceeds are not available, either the Lessor or Lessee may terminate this Lease by thirty (30) days written notice to the other of its election to do so and the Lease shall be deemed to have terminated as of such date unless the other party agrees in writing to pay for such repairs or restoration. 4.4 Responsibility or Costs of Demolition. Nothing in Section 4 shall relieve the Lessor of its responsibility for any costs of demolishing the pool as provided in Section 5 of the Assignment Agreement executed between King County, the City of Kent, and the Kent School District on March 10, 2003. 5. Notice. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: Lessor: Kent School District Lessee: City of Kent Director of Parks ----- 220 Fourth Avenue South Kent, Washington 98032 (253) 856- Telephone (253) 856- Facsimile A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. Lease Extension Agreement — Page 5 (Between Kent School District No. 415 and the City of Kent) 6. Miscellaneous.. 6.1 Authority. Lessor and Lessee represent that each person signing on this Lease Extension on its behalf is authorized to do so. 6.2 Successors and Assigns. This Lease Extension shall be binding upon and inure to the benefit of the parties, their successors and assigns. 6.3 Entire Agreement. This Lease Extension, including the exhibits and addenda, if any, contains the entire agreement of the parties. All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Premises, if any, are merged into this Lease Extension. 6.4 Waiver. The waiver by Lessor or Lessee of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease Extension. 6.5 Modification. Any modification of this Lease Extension must be in writing and signed by the parties. Lessor and Lessee shall not be bound by any oral representations or statements. 6.6 Quiet Enjoyment. Lessor covenants and agrees that Lessee, upon performing the terms and conditions of the Lease Extension, may peacefully hold and enjoy the Premises during said term without any interruption by the Lessor, its successors or assigns, or any person or company lawfully claiming by or through it. 6.7 Duplicate Originals. This Lease Extension may be executed in duplicate originals. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. LESSOR: LESSEE: KENT SCHOOL DISTRICT CITY OF KENT By: By: Print Name: By: Suzette Cooke Its: Its: Mayor Lease Extension Agreement — Page 6 (Between Kent School District No. 415 and the City of Kent) Date: Date: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2011, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the CITY OF KENT as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. i NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires Lease Extension Agreement - Page 7 (Between Kent School District No. 415 and the City of Kent) T N STATE OF WASHING O ) ss. COUNTY OF KING ) I hereby certify that on the day of 2011, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of KENT SCHOOL DISTRICT NO. 415, a Washington municipal corporation, as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires ICI P:\Clvll\Files\Open Files\1580-Kent Pool\Kent Swimming Pool Lease Extenslon.doo Sion Agreement - Pa Lease Extension e 8 g g (Between Kent School District No. 415 and the City of Kent) EXHIBIT A i i I Lease Extension Agreement - Page 9 (Between Kent School District No. 415 and the City of Kent) i EXHIBIT B Legal Description KENTPOOL Those real property improvements,including fixtures and equipment,located on: That portion of the West 1/2 of the SW 1/4 of the SW 1/4 of Section 20,Township 22 North, Range 5 East, W M, in King County, Washington, described as follows Beginning at a bronze monument marking the intersection of the centerline of Secondary State Highway No 5-A with the centerline of Secondary State Highway No 5-C and being the SE comer of the SW 1/4 of the SW 1/4 of said Section 20, thence N 0°10'33" W along the centerline of said Secondary State Highway No 5- C 828 11 feet,thence N 89043'19"W 623 51 feet to the East line of the West 1/2 of the SW 1/4 of the SW 1/4 of said Section 20 and the true point of beginning,thence continue N 89043'19"W 313 83 feet, thence S.0°23'03"W 133 33 feet,thence S 89055'38"E 79 10 feet, thence S 0004,22"W 4100 feet, thence S 89055'38"E 236 80 feet to the East line of the West 1/2 of the SW 1/4 of the SW 1/4 of said Section 20, thence N 0"22'28" W along said line 173 21 feet to the true point of beginning Intergovernmental Land Transfer Agreement Re Kent Pool (03/03/2003) (between King County and tho City of Kent)—Page 14 I i I hHX NU. Y, UL I I td-11-ZUU3 'I'Lt 03:UU NM y- _ LEASE AGREEMENT , THIS LEASE made in quadruplicate this 2G day of Mav 1971, by and between KING COUNTY, WAS11INGTON, a legal subdivision of the State of Washington, Lossea, and "NT SCHOOL DISTRICT '......, No. 415, King County, Washington, a municipal corporation of the State of Washington, -Leesor; WITNESSETH; In consideration of the covenants and agreements of the Lessee hereinafter not forth, the School District does by these presents ).easa and demise unto King County that certain ' real estate described an followe14 Thnt portion of 11. 1/2 OfRSSW£ 3/4 of desscribed of Section 20, T. 22 N. , as follower Beginning at a bronze monument marking the intersection of, the center line of secondary State highway No. 5-A with the Center line of secondary State Highway 1Jo. 5-C and being the S.Z. corner of the S.W. 1/4 of S.w. 1/4 of said Section 2D; thence, N. 0'10'33"W, along the center line of said secondary State Ilighway No. 5-C e2e.li' : thence 14. 89'43'19" W. 623.51' to the E. line of the W. 1/2 'of S.W. 1/4 of S.W. 1/4 of said Section 20 and the true point.of beginning; thence continue 14. 89.43'19" w. 313.H3'; thence S. 0123103" W. 133.33' ; thence S. 89'55'38" S. 79.10; thence S. 0604122" W. 41.00' ; thence S. 89°55'38" E. 236.80' to the E. line 1 of tha W.- 1/2 of S.W. 1/4 of S.W. 1/4 of said Section 20; thence N. 0422'28" W. along said line 173.21' to III the true point or beginning? subject to an easement over the E. 35' thereof. In addition to the property leased, the .School District will provido all convenient and necessary easements for utilities, ingress and egress. The term of such lease shall be for a period of forty (40) years from the da1:e above written. Upon expiration of DC0002 Corracted Eage 1 EXHIBIT "A" i j FED-11-2003 TUE 03:00 PM FAX NO. P. 04 • 5-�s-�i LEASE AGREEMENT , 4 THIS LEASE made in quadruplicate this LE-6ay Of r-\, , 1911, by and between KIN-- COUNTY, WASHINGTON, a legal aubdivicion of the State of Washington, Lessen, and RENT SCHOOL DISTRICT NO. 415, King County, lashington, a municipal corporation of the State of Washington, Lessors WITNESSETH: In consideration of the covenants and ❑greemants of the Losaea hereinafter set forth, the School District does by these presents lease and demise unto King County that certain real estate described as follows: 'chat portion of W. 1/2 of S.W. 1/4 of S.W. 1/4 of Section 20, T.22 tt. , R.S.E. , W.M. described as follows,: Beginning at a bronze nonunent marking tho intersection of the center line of secondary State Nighway NO- S-.7 with the center line of secondary State Highway NO. 5-C and being the S.E. corner of the S.W. 1/4 of S.W. 1/4 of said Section 20) thence, N. 0110 33" W. along the center line of said secondary State Highway No. 5-C 928,1111 thence N. 89643'19" W. 623.51' to the E, line or: the Si. 1/2 of S.W. • 1/S of S.W. 1/4 of said Section 20 and the true point of beginninpl thenco continue N. 89°43'19" 11- 313.83' ; thence S. 0'23'03" W, 133.33' 1 thence S. 99055'39" E. 79.10' ; thence S. 0°04'22" W, 41.00'1 thance S. 09°55138" E, 236.80' to the E. line of the ,, W. 1/2 of S.W. 1/4 cf S.W. 1/4 of said Section j 20) thence N. 0°22' 28" W. along said line 173.21' to the true point of beginning; subject to an casement over the E. 35' thereof. ',... In addition to the property leased, the School District will provide all convenient and necessary easements over its adjoining land for utilities, ingress and egress. The term of such lease shall be for a period of forty (40) years from the date above written. Upon expiration of i 1� G 000 L FEB-11-2003 TUE 03:00 PM FAX N0, P. U6 °aid lease term, Lescee shall have an option to renew such lease upon terms to be negotiated between the parties, it being the intent at this date that the lease continue for at least the useful life of the building and structures to be located on the premises, King County accepts the premises in the present condition and for the purpose of immediately constructing thereon a major indoor swimming pool. King County shall be responsible for compliance with all laws affecting use of the property for all charges for - utilities or governmental charges or taxes that should be levied against the property or this lease, for all maintenance, repairs '... and insurance thoreon and shall keop the property in good repair and insured against all damage and liability resulting from the use thereof. Such insurance shall namo lessor as an r aCditional insured. 1 King County shall at times when facilities on the leased promisee are not to be used by Xing County permit the i School District to use such facilities subject to a Use Agreement between the two agencies. King County agrees to hold the School.District harmless and to indemnify And defend the School District againstI any claim or liability for damage to any person or property and costs incident thereto arising with respect to the leased '.... premises, except when such damage is a result of School District oponsored or controlled activities on the leased premises or where such damage is attributable to some act or omission of the School District. -2- I d FEU-11-2003 '1UE 03:01 PM FAX N0: P. 07 iK I ♦IF L '� Y � i 7 TI � 1•�I'7_ r : ¢ r 1 9 t PP h r�ffff��••+ :/ 1�g,r s 7 �#F1 �t h� a.� �.�I I��:r t'�r �, I(�,, TM '•1ri 11 Ji j�]L t � I i I D i . ; II _ ow Iky Y it .� 3 L CL cl o IA _ I 1 I EXHIBIT "B" ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT ("Agreement") is entered into this day of f/J 2003, by and between KING COUNTY, a political subdivision of the State of Washington (the "County") and the CITY OF KENT, a Washington municipal corporation (the "City"), and KENT SCHOOL DISTRICT No 415, a Washington municipal corporation(the"Distract") (collectively referred to herein as the"Parties") WHEREAS, the County has leased certain real property from the District pursuant to the Lease Agreement dated May 26, 1971 ("Lease"),which is attached and incorporated herein as Exhibit A, WHEREAS, the County has constructed a facility known as the Kent Pool("Pool") on the property leased from the District pursuant to the Lease, WHEREAS, the County and City have reached an agreement for transfer of ownership of the Pool from the County to the City, WHEREAS, the Lease should accordingly be assigned to the City and the District approves of such assignment, NOW THEREFORE, in consideration of the mutual promises made in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged,the Parties agree as follows AGREEMENT 1 Assr iig inent The County hereby assigns,transfers and conveys to the City all of the County s right, title, and interest in and to the Lease 2 Assumption The City hereby accepts and assumes all of the County's right, title and interest in and to the Lease and assumes all obligations of any kind or nature under the Lease that anse after the date of this Agreement The City agrees for itself,its successors and assigns,to defend, indemnify, and hold harmless the County,its appointed and elected officials and employees, from and against any and all claims,liability, damages, demands, suits, judgments,costs, including attorney fees and costs of defense,which is caused by, anses out of, or is incidental to the City's breach or violation of the terms of the Lease or this Agreement -I- 3 Acceptance The District hereby approves and accepts the assignment of the Lease from the County to the City pursuant to the terms contained in this Agreement and releases the County from all obligations under the Lease, provided,however,this release shall not constitute a release from liability as to any breach of the Lease by the County that occurred prior to the date of this Agreement. 4 No Other Amendments Except as modified or amended by this Agreement; all of the terms and conditions of the Lease remain unchanged 5 Responsibility for Demolition Widuri fifteen(15) days of the execution of the Inter Governmental Land Transfer Agreement between King County and the City of Kent, the City shall transfer an amount equal to seventy seven thousand, five hundred and no/100($77,500 00),which funds the District may use for any purposes As consideration for the City's transfer of these funds to the District,the District agrees that it is solely liable for any costs of demolishing the pool 6 General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned m this Agreement No provision of this Agreement may be amended or modified except by written agreement signed by the Parties This Agreement shall be binding upon and mure to the benefit of the Parties' successors in interest,heirs and assigns. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney,or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses This Agreement shall be governed by the laws of the State of Washington The venue for any dispute related to this Agreement shall be King County, Washington Failure of any Party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provision in which performance is a factor, 7 Counterparts This Agreement may be executed in any number of counterparts,which counterparts shall collectively constitute the entire Agreement -2- Dated as of the date and year first above written KING COUNTY CI KKENT By /�� By Its U O tVfdY / _ It 6f+! KENT SCHOOL DISTRICT NO 415 By Its llss t` sy f- v5nf[fs �°dyl� S _3- I STATE OF WASHINGTON )as COUNTY OF n ) 6/� I certify ,�yth�,at I know or have satisfactory evidence that M �)55'00ne}� is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the Mteyirient and acknowledged it as the I�Iec:h- of (({/� to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated s3k 0-)> t.Wt,v�� JC• �a/1]C✓1�41 p��b yr yv Notary Public Print Name 5 �nos' µOTARy W I My commission expires I LJ D r AMP OIt w irp8�'WAS (Use this space for notanal stamp/seal) STATE OF WASHING ON ) • )ss ', COUNTY OF ) I cemfy that I know or have satisfactory evidence that �ctv e( G./Lh dev h. is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the stnient and acknowledged it as the /jSslzsu�aY—(�YyN YS Svd«rS of �5�+•�f Yt` /S' to be the free and voluntary act of such party for the uses and purposes mentioned in tjie instrument Dated a�lp?l :' ^• Notary Public •°„- Print Name My comaussion expires (Use this space for notanal stanrp/seal) �I'I _q_ I i STATE OF WASHINUMN ) ss COUNTY OF ) ', 1 certt£ that I know or have satisfactory evidence that is the person who appeared before me, and said person 4acowle&dgjthat h�signed this instrument, on oath at ed that heJs®wa �lioriz�ed,/to execute the instrument and acknowledged it as the t.[ori• of di t2` to be the&ee and voluntary ct of such party for the uses and purp es nAionedin the instrument Dated ' ®. 49 `atitigcmu txrr aNeti A(,q`1 l Notary he i � PrintN e Nt SE A n/� 7f2!� My commission expires 4; —„Lc 70K ,y''at��q�ifaAS (Use this space for notanal stamp/seal) i EXHIBIT A LEASE AGREEMENT 4 F 1 Intergovernmental Land Transfer Agreement Between King County and the City of Kent—Page 20 of 21 Z KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: May 3, 2011 SUBJECT: Contract with G.B. McCaughan &Associates, Horseshoe Bend Levee - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with G.B. McCaughan & Associates for right-of-way acquisition for the Horseshoe Bend Levee Improvements in an amount not to exceed $18,900, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: As part of the Horseshoe Bend Levee Certification process, the City must perform work at various locations to provide added protection to the existing levee. In these areas, property must be purchased to perform the improvements. Additionally property needs to be acquired in certain areas to provide for access and maintenance of the existing levee. There are approximately 11 acquisitions with four full take acquisitions that include relocations. Mr. McCaughan has significant experience with right-of-way acquisition and has been assisting the City with the acquisitions at Horseshoe Bend. EXHIBITS: Contract RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This work will be fully reimbursed by the $10 million Department of Ecology Grant for the Horseshoe Bend Levee. �✓ KENT WAS HIN6T"N ' CONSULTANT SERVICES AGREEMENT between the City of Kent and G. B. McCaughan and Associates THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and G. B. McCaughan and Associates organized under the laws of the State of Washington, located and doing business at 2209 S. 222nd Street, Des Moines, WA 98198, Phone: (206) 824-0737 (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 right-of-way acquisition services for the Horseshoe Bend Levee Improvements Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and„incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION' The parties agree that work will begin on the tasks described in Section I above immediately' Upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighteen Thousand, Nine Hundred Dollars ($18,900.00) 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. 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- l : (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 Consultants 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 C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION!:'The City will provide its best efforts to provide reasonable accuracy of any information 'supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. . The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be-Without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. 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 doneat 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;,i.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: G. B. McCaughan Timothy J. LaPorte, P.E. G. B. McCaughan & Associates City of Kent 2209 S. 222"d St. 220 Fourth Avenue South Des Moines, WA 98198 Kent, WA 98032 (206) 824-0737 (telephone) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GB McCaughan-Horseshoe Send 6/M.dfai 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 i' i + 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A Scope of Work Provide consulting services for right-of-way acquisition for the City of Kent's Horseshoe Bend Levee Improvements. Work will include review of title reports, coordination with negotiators and agents, right-of-way document preparation, relocation assistance and review of final settlement agreements. Exhibit B Project Budget Consultant proposes to perform this work for a not-to-exceed amount of$18,900 for the City of Kent's Horseshoe Bend Levee Improvements as follows: Project Hours ` Hourly Rate Total Horseshoe Bend Levee Im rovementPro'ect 140 135 $18,900 Z KENT Agenda Item: Consent Calendar - 73 TO: City Council DATE: May 3, 2011 SUBJECT: Contract with Pace Engineering, Foster Park Pump Station - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Pace Engineers, Inc. to provide design services for the Foster Park Pump Station in an amount not to exceed $60,378, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In order to certify the Foster Park portion of the Horseshoe Bend levee, the City is required to construct the set back levee and a pump station to alleviate interior flooding that might occur in a 100 year storm event. The levee is constructed but we still need to construct the pump station. Pump station design is a specialty field and the City does not have the expertise in-house to perform this work. Pace Engineers was chosen from the Statements of Qualifications (SOQ's) on file with the Public Works Department, which are updated annually. There were no SOQ's from qualified firms located in Kent. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This work will be fully reimbursed by the $10 million Department of Ecology Grant for the Horseshoe Bend Levee. April 7, 2011 Mark Madfai, PE Engineering Supervisor City of Kent Public Works Engineering 400 West Gowe Street Kent, WA 98032 Subject. Foster Park Pump Station Proposal for Professional Civil Engineering Services Dear Mark: Thank you for meeting with Dave Hutley and I to discuss the Foster Park pump station project. Based upon our understanding of the project, PACE Engineers, Inc is pleased to submit this proposed scope of work and fee for your approval. Project Understanding Storm water currently gravity flows through a 48-inch CMP pipe and discharges into the Green River. When the river is high the storm water is unable to discharge causing possible flooding issues within the adjacent neighborhood. The City utilized the services of Northwest Hydraulic Consultants (NHC) to model the neighborhood under a 100 year flood event and determine the size of a pump station to convey the storm water into the river. NHC proposed the design and construction of a 2,244 gpm (5 cis) pump station will eliminate the possibility of flooding. The proposed pump station is part of the City's Horseshoe Bend Levee Improvements. The pump station is needed to convey storm water when two events occur at the same time;.:100 year storm and high river water elevation. PACE will design the new pump station based on the flows provided by NHC. The City has requested a duplex wet well pump station using two (2) vertical turbine pumps, each pump capable of handling a flow rate of 2,244 gpm. The City provided PACE with an acceptable layout and operational configuration designed by NHC. We will base our design around this configuration and build upon it. Two new manholes will need to be installed; one 84-inch MH for the pump station wet well and a 72-inch MH inline with the existing 48-inch CMP, A 24-inch intake line will feed the wet well and a 12-inch discharge line will convey the storm water to the new 72-inch MH for discharge to the river. A 48-inch flap gate,will prevent the storm water from circulating back to the pump station. Three canopy PACE Engineers, Inc. Kirkland Office 1I R55 Kirkland Way I Suite 300 1 Kirkland,WA 08033 P 425.8272014 1 I425,827.5043 paceengrs.com structures will need to be designed to protect equipment and personnel during bad weather. One structure will cover the two exterior pumps, a second will cover the electrical control panels and the third will cover a new generator. All three designs will utilize square metal columns and require structural calculations for submittal to the City's building department. PACE acknowledges final plans and specifications must be submitted to the City of Kent within 4 weeks after Notice to Proceed is received by PACE. Assumptions • AutoCAD files of the site will be provided by the City to PACE. • PACE will not be required to perform any survey of the site. • PACE will not be required to perform any additional hydraulic modeling beyond NHC's report. • System Interface will provide a separate budget for programming during the construction phase. • City to add PACE's specifications to City boilerplate specifications for bidding by the City. • Design of shelters will be based on G & O prototype. PACE will build upon this design and provide structural calculations. • All permitting will be done by the City. Scope of Services A detailed proposal consisting of six (6) tasks follows. This proposal includes necessary civil, structural, and electrical services through the design phase of this project. PACE will be the prime consultant for the entire Scope of Work and will oversee and administer this Scope of Work. PACE will complete all civil and structural engineering services in-house. PACE will subcontract with Follett Engineering for electrical engineering and Systems Interface for communication and controls. Based upon our discussions we have not included any survey on this project. If during the course of the project survey services are required, the scope and budget would need to be modified accordingly. We anticipate starting this work immediately and proceeding on a preliminary layout to submit to the City for review. The estimated cost for this work is approximately $60,378. SCOPE OF WORK Task 1—Preliminary and Final Pump Station Design This task includes preparing preliminary and final drawings of the proposed improvements to submit to the City for review and comment. This work includes: 1. Site layout with location of pump station, discharge manhole, control panels, fencing, and generator. 0:\SCOPE\SURVEY\09SURVEY\BLA-BSP-SP-PLAT�P09-560 MLK Way BLA&ShoK Plat.doc i i 2. Design details of new pump station and discharge manhole. 3. Design details of fencing, piping, fittings, valves, and recirculation line. 4. Structural design and details of generator pad and canopy's, 5. Traffic control and TESCP sheets, 6. Submit 30%, 90% and 100% project documents for City staff reviews, comments and approval. Submit three sets for each review. 7. Begin permit coordination with regulatory agencies (if required). 8. Prepare budget-level construction cost estimate. Task 2— Electrical Plans and Specifications PACE sub-consultants Follett Engineering and Systems Interface (SI) will prepare plans and specifications associated with the electrical requirements. Follett Engineering will provide plans and specifications for site power needs, SI will provide plans and specifications for communication and controls. SI will follow up by being the City's integrator on the project. Both sub-consultants have worked together on similar projects with PACE. We have included SI's proposal for your information. At this time we are including SI's Phase 1 work only within our proposal. PACE will gladly modify our proposal to include additional SI phases if requested by the City. Task 3 — Project Management/Coordination/Meetings PACE will provide administration and coordination of the project. The following items are included in this task: 1. Attend coordination meetings with the City as required. For budgetary purposes 16 hours have been allotted for meetings. Since the amount of meeting time is not under our control, any time in excess of the budgeted 16 hours will be billed on a time and material basis. 2. Conduct a field reconnaissance of site and other facilities with the design team and City staff. 3. Coordination with subconsultants. 4. In-house project administration, scheduling, and direction of design team staff. 5. Preparation of monthly progress reports Task 4 --Contract Document Preparation i We anticipate the project will bid as one schedule and that the bid documents will be based on the Washington State Department of Transportation"Standard Specifications for Road, Bridge and Municipal Construction, 2010", modified and amended as appropriate, Our understanding is that the City will incorporate our Special Provisions"within their boiler plate specifications. It is assumed that the City will advertise, open bids and award the project with support from PACE. �I 0:\SCOPE\SURVEY\095URVEY\BLA-BSP-SP-PLAT�P09-560 MLK Way BLA&Short Plat.doc CPACE i If i Task 5—QA (Quality Assurance) i In order to assure that the final plans and specifications are complete, accurate and appropriate, PACE will conduct a Quality Assurance review of the final documents prior to final (100%) submittal to the City. This review will be assigned to a senior level principal who has not been associated with the project. The review will consist of a complete sheet-by-sheet and contract document review to assure the City that the documents meet or exceed the `level of care"of our industry and are the highest quality possible. Task 6—Construction Services (Optional Task) PACE is a full-service engineering and surveying company that will be pleased to provide the following construction services to the City of Kent in support of this project if requested by the City. PACE proposes the following services during construction: 1. Bid assistance (City will advertise the project) 2. Construction management 3. Construction surveying/staking 4. Construction inspection S. Compaction testing 6. Shop drawing review 7. Progress payment processing 8. Record drawing preparation In summary, we have developed a scope of work based on our present knowledge of the proposed project. We have tried to cover all aspects of the proposed project; however, if you feel that additional areas of work require our attention, please don't hesitate to call. Again, we are pleased to submit this scope of work to accomplish the Civil Engineering tasks for this exciting and challenging project. We look forward to working with you. Sincerely, PACE Engineers, Inc. John McAlpine, P.E. Project Manager Attachments 0:%SCOPE\SURVEY\095URVEY\6LA-5SP-SP-PLA-RP09-S60 MLK Way 0LA 0.Short Plat.dor ICI i d � a — # o d H O O p i 1 m o • ------------------------------------------ .... ....._ l: m o D w N N fG N c _ N O O d 'e75 — o _ as o a o . :. ...r .. .. ....� _ ,.,._:_.,, ....... _ N E`9 69ca A i ,� — O N 3 m v sa o n P n o ........................................................... p m W N - o g , ..a....>....... ....... ........................ as ¢ .......................... r. o c C •i :i Si. m Y 4i:=i:i£c`...... 03 , . ::.. N' zi aay V o O �i ... - ..,, N to an in ;. cAn y Z 'i R d Z KENT Agenda Item: Consent Calendar - 7K TO: City Council DATE: May 3, 2011 SUBJECT: Contract with Northwest Hydraulic Consultants, Green River Levee - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Northwest Hydraulics, Inc. to provide risk based analysis of the Green River in an amount not to exceed $8,668.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City is preparing Conditional Letters of Map Revision (CLOMR) reports for Green River Levee Certification between SR 516 to S. 180th. In order for FEMA to accredit these levees, a risk based analysis must be completed. A similar risk based analysis was completed by Northwest Hydraulic Consultants, Inc. for the Horseshoe Bend levee. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This work will be billed to the various levee sections and paid for using City of Kent Drainage funds. SCOPE OF WORK RISK BASED ANALYSIS OF CITY OF KENT GREEN RIVER LEVEE SYSTEM DESCRIPTION OF WORK/ PROJECT OBJECTIVES The objective of this contract is to conduct a risk based analysis (RBA)to support the City of Kent's CLOMR applications for certification of multiple segments of the Green River levee system. The RBA will provide the technical justification for requesting less than three feet of freeboard on various levee segments to be certified. LOCATION OF WORK SITE The geographic extent of the Green River reach to be analyzed includes the right bank and associated overbank floodplain of the Lower Green River study area from approximately S. 1801h Street to the upstream side of Horseshoe Bend. This area is contained within the HEC- RAS and FLO-2D models previously developed by NHC for King County and the USACE. i TASKS, ITEMS, AND WORK PRODUCTS NHC shall furnish all services and labor necessary to complete the following tasks. Task 1 — Provide Risk Based Analysis NHC will provide a risk based analysis (RBA) of the lower Green River from approximately River j Mile 14 to 24, HEC-FDA version 1.2.5 will be used. Hydrology inputs will be taken from previous work conducted by NHC and the Corps of Engineers. Hydraulic outputs from the HEC- RAS model used to develop the preliminary Flood Insurance Rate Maps will be used in the development of stage-uncertainty curves. Analysis points will be selected based on variation in water surface profiles. RBA has been completed for the Horseshoe Bend Area. Up to ten additional points will be selected that will be representative of the entire levee system. The lowest point will overlap and be compared with the RBA completed by the Corps of Engineers for the Tukwila Section 205 levee in 2007. Only risk related to hydraulic variables will be analyzed. No levee failure probabilities will be incorporated in the RBA. Deliverables: ■ Risk Based Analysis report. Task 2 — Respond to Comments NHC will provide support to the City of Kent in responding to comments related to the RBA and modify the report and supporting data accordingly for re-submittal. Deliverables: ■ Revised report and data as required. 1 April 8, 2011 it Northwest Hydraulic Consultants Inc. Estimate of Professional Services 16300 Christensen Road,Suite 350 Prepared for: City of Kent Seattle,WA 98188-3418 Project: RISK BASED ANALYSIS OF CITY OF Tel. (206)241-6000 KENT GREEN RIVER LEVEE SYSTEM Fax (206)439-2420 Date: 41812011 Prepared By: Vaughn Collins Staff Hours TASK DESCRIPTION Principal Sr. Eng. Eng. Jr. Eng. I Clerical I Totals K, Task I Risk Based Analysis 1 16 0 16 4 $4,968 Task 2 Comment Response& Re\Asion 16 8 $3,575 Total Hours and Direct Labor Cost(DQ Total Labor Rate($/hr) 1 $ 230.45 $ 170.71 1 $ 125.861 $ 105.45 1 $ 79.84 1 TOTAL LABOR COST 1 $8,543 Direct Expense Detail Units Rate cost . . . . .... ............... '16 Mileage 50 ii 5-0 Reproduction, Couriers, &Communication $100 $125 X M �'­......... Cost Summary m Total Labor $8,543 Total Direct Expenses $125 ....... ii 2 April 8, 2011 Z KENT Agenda Item: Consent Calendar - 7L TO: City Council DATE: May 3, 2011 SUBJECT: Contract with Northwest Hydraulic Consultants, Horseshoe Bend Levee - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Northwest Hydraulics Consultants Inc., to perform an interior drainage analysis of the Horseshoe Bend Levee in an amount not to exceed $14,252, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In response to comments received from FEMA on the Conditional Letter of Map Revision (CLOMR) for the Horseshoe Bend Levee, an interior drainage analysis must be completed. The consultant must perform additional modeling and evaluate existing stormwater pump stations. This scope also includes hours to respond to comments on both the Foster Park and Horseshoe Bend responses to the CLOMR applications. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This work will be fully reimbursed by the $10 million Department Of Ecology Grant for the Horseshoe Bend Levee I, SCOPE OF WORK REVISED INTERIOR DRAINAGE ANALYSIS FOR HORSESHOE BEND PERIMETER LEVEE DESCRIPTION OF WORK/ PROJECT OBJECTIVES The objective of this contract is to conduct a revised interior drainage analysis and associated mapping to support the City of Kent's CLOMR applications for certification of the Horseshoe Bend Perimeter levee. LOCATION OF WORK SITE The geographic extent of the Green River reach to be analyzed includes the right bank and associated overbank floodplain of the Lower Green River study area from just upstream of State Route 167 to the upstream side of Horseshoe Bend. This area is contained within the HEC- RAS and FLO-21) models previously developed by NHC for King County and the USACE- the study reach extends from approximately RM 23.75 to RM 26. TASKS, ITEMS, AND WORK PRODUCTS NHC shall furnish all services and labor necessary to complete the following tasks. Mr. Larry Karpack shall continue to be involved in the project as a contract employee of NHC. Task 1 — Provide revised interior drainage analysis for Horseshoe Bend Perimeter Levee. In response to the City's CLOMR submittal for the Horseshoe Bend Levee Certification FEMA's technical reviewer comments made clear that the interior drainage analysis submitted, which used a combination of existing studies and information, was unlikely to be accepted NHC will prepare a new interior drainage analysis for the Horseshoe Bend area. According to City of Kent GIS coverages, there are four outfalls within the Horseshoe bend levee. The methods will generally follow those used in the Foster Park analysis, using wherever possible information developed for the S. 259th St Levee previously. HSPF outputs from the S. 259th Street levee report will be used as inputs to an unsteady HEC-RAS model that links stages in the Green River to interior stages within Horseshoe Bend. It is assumed that the Horseshoe Bend Pump Station will remain operational at all times. The three gravity outfalls are assumed to have flap gates and to remain open unless Green River stages exceed interior stages. If the analysis reveals that flows may surcharge from the Central Avenue stormwater collector j north of S. 259th these flows will be routed using the high resolution Flo-2D model developed for the S. 259th St Levee analysis to the north based on the storm event that creates the highest interior stages in the period of record. The flood inundation results from the interior drainage analysis will be shown on annotated work maps and FIRMS as requested by FEMA reviewers. NHC will participate in discussions and teleconferences with the City and the City's other consultants (TetraTech, GeoEngineers) and FEMA as needed. l NHC will produce revised annotated FIRMs and site specific Work Maps for the area protected by the Horseshoe Bend Perimeter levee for inclusion in the City's Horseshoe Bend CLOMR resubmittal. Deliverables: ® Revised Interior Drainage Analysis Report ® Annotated Work Map for area affected by the Horseshoe Bend CLOMR ® Annotated FIRM for the area affected by the Horseshoe Bend CLOMR 1 April 8, 2011 Task 2 — Provide response to FEMA review comments and appropriate revisions. NHC will continue to provide support in responding to FEMA review comments related to the Horseshoe Bend and Foster Park CLOMR submittals. Based on review comments and direction from the City and reviewers NHC will revise relevant reports and mapping as requested. Deliverables: ■ Revised work products as needed I i I i 2 April 8, 2011 Northwest Hydraulic Consultants Inc. Estimate of Professional Services 16300 Christensen Road, Suite 350 Prepared for: City of Kent Seattle,WA 98188-3418 Project: Revised Interior Drainage Analysis for Tel. (206)241-6000 Horseshoe Bend Levee Fax (206)439-2420 Date: 4/8/2011 j Prepared By: Vaughn Collins Staff Hours I! TASK DESCRIPTION Principal Sr. Eng. Eng. Jr. Eng. Clerical Totals Task 1 Interior Drainage Analysis 1 24 0 48 4 $9,708 Task 2 Comment Response&Revision 16 16 $4,419 Total Hours and Direct Labor Cost(DI-) 1.0 40.D 0.0 64.0 4.0 Total Labor Rate ($/hr) $230.45 $170.71 $ 125.86 $105.45 $ 79.84 TOTAL LABOR COST $14,127 Direct Expense Detail Units Rate Cost Mileage 50 0.50 $25 Reproduction, Couriers, &Communication $100 $125 Cost Summary I Total Labor $14,127 Total Direct Expenses $125 $14,252 I 3 April 8, 2011 Z KENT Agenda Item: Consent Calendar — 7M TO: City Council DATE: May 3, 2011 SUBJECT: Horseshoe Bend-Foster Park Levee — Accept as Complete MOTION: Accept the Horseshoe Bend-Foster Park Levee as complete and release retainage to Lloyd Enterprises, Inc., upon standard releases from the state and release of any liens. The original contract award was $422,898.18. The final amount was $395,697.52. SUMMARY: The project was required for the certification of this portion of the Green River Levee as part of the Federal Emergency Management Agency (FEMA) levee acceptance process. The contract award amount was $422,898. The final project contract cost was $395,697 and came in 6% under the contract award amount and 49% under the Engineers estimate of $772,846. The current economic environment has resulted in contractors aggressively bidding down project costs and allowed the City to enjoy tremendous savings on this project. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: All costs associated with the project are reimbursable through a $10,000,000 Washington State Department of Ecology grant. Z KENT Agenda Item: Consent Calendar - 7N TO: City Council DATE: May 3, 2011 SUBJECT: SE 104th Avenue/Benson Road/SE 108th Avenue/SR 515 Speed Study Resolution - Adopt MOTION: Adopt Resolution No. amending the speed limit along portions of 104th Avenue Southeast/Benson Road/S.E. 108th Avenue/SR 515. SUMMARY: On April 18, 2011, the City Council adopted Resolution No. 1842 amending the speed limit along portions of 104th Avenue Southeast which contained errors that must now be corrected. EXHIBITS: Resolution and Memorandum RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Costs for materials, labor, and equipment to replace the speed limit signs are within the operating budget for street maintenance. PUBLIC WORKS ENGINEERING Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 N T Fax: 253-856-6500 K E W A s H I N G 7 o N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Memorandum DATE: April 25, 2011 TO: Tim Laporte, Public Works Director FROM: Steve Mullen, Transportation Engineering Manager RE: Correction to Resolution 1842, Speed Limit on SR 515 During the drafting of the resolution to amend the speed limits on 104th Avenue SE/Benson Road SE/108th Avenue SE (SR 515), the extents of the segments were noted incorrectly. We noticed the error before it was sent to Washington State Department of Transportation (WSDOT) for approval by the Secretary of Transportation. Once Council adopts this corrected Resolution, we will forward the correct extents to WSDOT for final approval. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to vehicular speed limits on certain designated streets, as posted by official traffic control devices, pursuant to Chapter 9.40 of the Kent City Code. RECITALS A. The Kent Traffic Code, Section 9.36.010, adopts by reference the Model Traffic Ordinance set forth in Washington Administrative Code in Chapter 308-330 WAC (Ordinance 3170). B. Provisions of the Model Traffic Ordinance, Washington Administrative Code Section 308-330-270, and RCW 46.61.415, set forth the procedure for the local authority to determine and declare the speed limits on city arterials, streets and other rights of way, based on an engineering and traffic investigation by the traffic engineer. C. Pursuant to the Model Traffic Ordinance, Chapter 9.40 of the Kent City Code was adopted to provide that the City may establish speed limits on certain designated streets by resolution. D. A list of the speed limits on certain designated streets in the City was properly made and adopted by Resolution No. 1842 following an engineering and traffic investigation. 1 Vehicular Speed Limits F. As a result of an engineering and traffic investigation, the City Council desires to update and amend the list of speed limits set forth in Resolution No. 1842. G. Resolution No. 1842 contained errors that must now be corrected. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Repea/er. Resolution No. 1842 relating to vehicular speed limits is hereby repealed in its entirety. SECTION 2. - Adopt. Increasing or Decreasing Speed Limits on Certain Streets, Highways or other Rights-of-Way. It is determined, on the basis of engineering and traffic investigations, that the speed permitted by state law upon the following streets or portion thereof is less than, or in some cases, more than, is reasonable and safe for the operation of vehicles under the conditions found to exist on that street or portion thereof. It is hereby declared that the speed limits on such streets shall be as hereinafter set forth on the streets or portions of the streets listed, at all times, unless otherwise specified, after official traffic control devices have been posted to give notice thereof; provided, that in no case shall the speed limit on City streets be lower than twenty (20) miles per hour or exceed sixty (60) miles per hour. Name of street or portions affected Speed limit 1. Pacific Highway South (SR 99) from the 45 mph intersection of South 272nd Street to the intersection of Kent-Des Moines Road (SR 516) 2 Vehicular Speed Limits 2. Military Road from the intersection of South 35 mph 229th Street to the intersection of South 250th Street 3. Military Road from the intersection of South 40 mph 250th Street to the intersection of South 272nd Street 4. Reith Road/South 259th Place/South 260th 35 mph Place from the intersection of Kent-Des Moines Road (SR 516) to the intersection of Pacific Highway South (SR 99) 5. Lake Fenwick Road from the intersection of 35 mph Reith Road to the intersection of South 272nd Street 6. South 196th/Russell Road/South 200th Street 35 mph from the intersection of 84th Avenue South to the intersection of Orillia Road 7. 64th Avenue South from Meeker Street to 35 mph South 212th-Street S. West Valley Highway from the intersection of 50 mph South 180th Street to 830 feet North of the Intersection of Morton Street (South 238th Street) 9. West Valley Highway from the intersection of 35 mph Morton Street (South 238th Street) to the intersection of Frager Road 10. West Valley Highway from the intersection of 40 mph Frager Road to a point 180 feet North of the intersection of South 262nd Street 11. West Valley Highway from a point 180 feet 50 mph north of South 262nd Street to the intersection of South 272nd Street 12. 84th Avenue South from the intersection of 40 mph South 180 Street to the intersection of SR 167 13. Central Avenue North from the intersection 35 mph of SR 167 to the intersection of James Street 3 Vehicular Speed Limits 14. Central Avenue North from the intersection 30 mph of James Street to the intersection of Willis Street 15. Central Avenue South from the intersection 40 mph of Willis Street to the Green River Bridge 16. 74th Avenue South from the intersection of 35 mph SR 516 to the intersection of South 259th Street 17. 72nd Avenue South from the intersection of 35 mph South 262nd Street to the intersection of South 277th Street 18. 4th Avenue North from the intersection of 35 mph South 228th Street to the overpass for SR 167 19. 76th Avenue South from the intersection of 35 mph South 212th Street to the intersection of South 228th Street 20. 4th Avenue North from the overpass for SR 30 mph 167 to the intersection of Willis Street 21. 80th Place South from the intersection of 80th 35 mph Avenue South to the intersection of 84th Avenue South (190th Street) 22 92nd Avenue South from the intersection of 35 mph South 208th Street to the intersection of South 200th Street. 23. 104th Avenue Southeast from the intersection 35 mph of Southeast 256th Street to the intersection of Southeast 272nd Street 24. Kent-Des Moines Road (SR 516) eastbound 35 mph from a point 50 feet west of the intersection of 27th Avenue South to the intersection of 30th Avenue South 25. Meeker Street from Kent-Des Moines Road 40 mph (SR 516) to a point 500 feet west of the intersection of West Valley Highway (Washington Avenue) 4 Vehicular Speed Limits 26. Meeker Street from a point 500 feet west of 30 mph the intersection of West Valley Highway (Washington Avenue) to the intersection of 6th Avenue 27. Smith Street (SR 516) from the intersection 30 mph of Lincoln Avenue to the intersection of Central Avenue North 28. Canyon Drive (SR 516) from the intersection 40 mph of Hazel Avenue to the intersection of 100th Place Southeast 29. Southeast 256th Street from the intersection 35 mph of 100th Place Southeast to the intersection of 148th Avenue Southeast 30. Kent-Kangley Road (SR 516) from the 35 mph intersection of Southeast 256th Street to the intersection of 116th Avenue Southeast 31. Willis Street (SR 516) from the intersection 30 mph of 4th Avenue to the intersection of Central Avenue South 32. 97th Place South from the intersection of 30 mph Canyon Drive (SR 516) to the intersection of 100th Place Southeast 33. Southeast 264th Street from the intersection 35 mph of 100th Place Southeast to the intersection of 108th Avenue Southeast 34. South 228th Street from the intersection of 35 mph 54th Avenue South to the intersection of West Valley Highway (68th Avenue South) (SR 181) 35. South 228th/83rd Avenue South/South 224th 40 mph Street from the intersection of West Valley Highway (68th Avenue South) (SR 181) to the intersection of 84th Avenue South 36. South 212th Street from the west city limits 40 mph to the east city limits 5 Vehicular Speed Limits 37. South 208th Street from the intersection of 35 mph 84th Avenue South to the intersection of 92nd Avenue South 38. 116th Avenue Southeast from the intersection 35 mph of Southeast 227th Place to the intersection of Kent-Kangley Road (SR 516) 39. 116th Avenue Southeast from the intersection 40 mph of Kent-Kangley Road (SR 516) to the overpass for 108th Avenue Southeast 40. Southeast 248th Street from the intersection 35 mph of 94 Avenue South to the intersection of 132nd Avenue Southeast 41. Southeast 277th Street from the overpass for 50 mph 108thAvenue Southeast to the intersection of 86th Avenue South 42. Reiten Road from Titus Street to Maple 30 mph Street 43. Maple Street from Reiten Road to Tilden 30 mph Avenue 44. Woodland Way South from Tilden Avenue to 30 mph the intersection of Southeast 267th Street 45. Southeast 267th Street from the intersection 30 mph of Woodland Way to the intersection of 104th Avenue Southeast 46. 77th Avenue South from the intersection of 35 mph South 212th Street to the north end of the road 47. James Street/Southeast 240th Street from 35 mph the inter-section of Russell Road to the intersection of 116th Avenue Southeast 48. Southeast 240th Street from the intersection 40 mph of 116th Avenue Southeast to the intersection of 137th Avenue Southeast 49. Southeast 240th Street from the intersection 35 mph of 137th Avenue Southeast to the intersection of 148th Avenue Southeast 6 Vehicular Speed Limits 50. South 190th Street from the intersection of 35 mph 72nd Avenue South to the intersection of 62nd Avenue South 51. South 277th Street from the intersection of 40 mph 86th Avenue South to the intersection of Auburn Way North 52. South 194th Street from the intersection of 35 mph 66th Avenue South to the intersection of Russell Road/58th Place South 53. 70th/72nd Avenue South from the intersection 35 mph of South 228th Street to the intersection of South 180th Street 54. South 216th Street from the intersection of 35 mph 64th Avenue South to the intersection of 72nd Avenue South 55. South 220th Street from the intersection of 35 mph West Valley Highway (68th Avenue South) (SR 181) to the intersection of 72nd Avenue South 56. 80th Avenue South from the intersection of 35 mph South 180th Street to the intersection of South 196th Street 57. Southeast 260th Street from the intersection 35 mph of 97th Place South to the intersection of 108th Avenue Southeast 58. 101st Avenue Southeast from the 30 mph intersection of Southeast 256th Street (SR 516) to the intersection of Southeast 260th Street 59. 108th Avenue Southeast from the intersection 35 mph of Kent-Kangley Road (SR 516) to the south city limits 60. Kent-Kangley Road (SR 516) (Southeast 45 mph 272nd Street) from the intersection of 116th Avenue Southeast to the overpass for SR 18 7 Vehicular Speed Limits 61. 114th Avenue Southeast from the intersection 35 mph of Kent-Kangley Road (SR 516) to the intersection of Southeast 269th Street 62. 120th Avenue Southeast from the intersection 35 mph of Southeast 240th Street to the intersection of Southeast 248th Street 63. 124th Avenue Southeast from the intersection 35 mph of Southeast 248th Street to the intersection of Southeast 282nd Street 64. 132nd Avenue Southeast from the 35 mph intersection of Southeast 240th Street to the intersection of Southeast 282nd Street 65. 144th Avenue Southeast from the intersection 35 mph of Kent-Kangley Road (SR 516) to the intersection of Southeast 288th Street 66. 152nd Avenue Southeast from the 35 mph intersection of Kent-Kangley Road (SR 516) to the south city limits 67. South 272nd Street from the intersection of 35 mph Pacific Highway South (SR 99) to the intersection of Military Road 68. South 240th Street from the intersection on 35 mph Pacific Highway South (SR 99) to the west city limits 69. 148th Avenue Southeast from the intersection 35 mph of Southeast 256th Street to the intersection of Southeast 240th Street 70. Southeast 248th Street from the intersection 35 mph of 94th Avenue South to the intersection of 132nd Avenue South 71. Smith Street from the intersection of Central 30 mph Avenue North to the intersection of Hazel Avenue 72. 42nd Avenue South from the intersection of 35 mph 216th Street to the intersection of South 212th Street 8 Vehicular Speed Limits 73. Green River Road from the north city limits 35 mph north of the Green River (Don Wickstrom) Bridge to the south city limits 74. 104th Avenue Southeast (SR515) from the 4G35 mph intersection of Southeast 256th Street to a point 100 feet north of the intersection of Southeast 236th Street. 75 104th Avenue Southeast/Benson Road 40 mph Southeast/108th Avenue Southeast (SR515) from a point 100 feet north of the- interseetien of Southeast 236"' streei300 feet north of the intersection of southeast 235th Place to the intersection of Southeast 192nd Street. SECTION 3, - Duties of city traffic engineer. The city traffic engineer shall take whatever steps are necessary to comply with all statutory directives regarding approval of these speed limits by the State, where applicable; posting of official traffic control devices; and the regulation of timing of traffic signals, as set forth in the Model Traffic Ordinance, adopted by reference pursuant to Section 9.36.010 of the Kent City Code, and more specifically, Section 308-330-270 of the Washington Administrative Code, RCW 46.61.415, and all other applicable sections of the Model Traffic Ordinance. SECTION 4, - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION S. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make 9 Vehicular Speed Limits necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 7, — Effective Date. This resolution shall take effect and be in force when approved by the Washington Secretary of Transportation. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2011. CONCURRED in by the Mayor of the City of Kent this day of 2011. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRU BAKE R, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 2011. BRENDA JACOBER, CITY CLERK P:\Civil\R sol ution\Speed Lim itl d ucdon SR515Amended.docx 10 Vehicular Speed Limits Z KENT Agenda Item: Bids - 9A TO: City Council DATE: May 3, 2011 SUBJECT: Lake Meridian Playground Safety Surface - Award MOTION: Move to authorize the Mayor to accept the bid and enter into an agreement with SpectraTurf in the amount of $63,243.20, plus Washington State Sales Tax, to complete the Lake Meridian Playground Safety Surface Project. SUMMARY: The bid opening was held on April 20, 2011 with two (2) bids received for the project. The apparent low bid was submitted by SpectraTurf in the amount of $63,243.20, plus applicable Washington State sales tax. The project estimate is $64,000.00. Council approved the purchase of playground equipment for the Lake Meridian Park playground renovation project on April 5, 2011. The purchase of this surface product will ensure a safe landing for the children playing on the equipment. EXHIBITS: Bid tab and Contract RECOMMENDED BY: Parks Director BUDGET IMPACTS: Impacts the Capital Budget - Lake Meridian Playground Equipment. I WASHINGTON BID TABULATION FORM KENT PARKS, RECREATION & COMMUNITY SERVICES CITY OF KENT, WASHINGTON PROJECT: PR 04 11 NAME: Lake Meridian Playground Safety Surface DATE: April 20, 2011 DUE: 10:00 a.m. OPENED: 10:15 a.m. Bidder: Total Lump Sum Bid: in dollars 1. SpectraTurf $63,243.20 2. SITELines $71,138.50 Consultant Estimate: $64,000.00 i CONTRACT THIS AGREEMENT, made in triplicate, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), and SoectraTurf, organized under the laws of the State of California, located and doing business at 500 E Rincon St. #100 Corona, CA 92879 ("Contractor"). WITNESS; In consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for: Lake Meridian Playground Safety Surface in accordance with and as described in the Contract Documents and shall perform any alterations in or additions to the work j provided under the Contract Documents and every part thereof, The Contract Documents shall include all project specifications, provisions, and plans; the City's general and special conditions; the 2006 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations, if applicable ("Standard Specifications"); the City's bid documents; and the Contractor's response to the City's bid, Unless otherwise directed by the City, work shall be completed the week of June 5th, 2011 unless otherwise approved by the project manager and be completed within 30 calendar days. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in the Contract Documents and every part thereof, except as mentioned in the specifications to be furnished by the City. 2. The City hereby promises and agrees with the Contractor to employ, and does employ, the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to i I i d sa w a �k the Contract Documents and the schedule of unit or itemized prices provided by Contractor in its response to the City's bid, at c the time and in the manner and upon the conditions provided for in the Contract Documents, 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. 5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns 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 performance of this contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of Indemnification. i Should a court of competent jurisdiction determine that this contract 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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall v'p survive the expiration or termination of this contract. C-� 6. Contractor agrees, upon the City's written demand, to make all books and records available to the City for inspection, review, ' photocopying, and audit in the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the City. 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, j insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the "one call' locator service before commencing any excavation activities. i 9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written. CITY OF KENT BY: SUZETTE COOKE, MAYOR DATE; ATTEST: i I I I BRENDA JACOBER, CITY CLERK C� II FTyv i Y; I � APPROVED AS TO FORM: KENT LAW DEPARTMENT CONTRA i BY: - f' PRINT NAME: Cd fl-d,S Nf r TITLE: ��p' DATE; Z(Q 2 c711 WITNESS, if INDIVI UAL OR PARTNERSHIP: �3C.L.,oL STATE OF ASHiWGT-94) ss COUNTY OF-KING On this o�b day of 2011, before me L. personally ap ar d GtJ and to me known to be and of the corp�o ratio�n/i4;dMdaaI that executed the within and foregoing instrument, and acknowledged said instrument to be free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first a ove written. i NO P.UBL;C, in and for State of siding at My appointment expires Commission# 1928890 z l`�`il l./� �e Notary Pubile-California `r Riverside County My Comm. Gxpiras A r 12,2915 } k , i I 1@ DATE(MMIDDIYYYYI ACC)ORv CERTIFICATE F LIABILITY INSU RICE 0412612011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed, If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME, MARSH USA INC. FAx 600 RENAISSANCE CTR. PHONE AIC No: SUITE2100 EMAIL ADDRESS: _. OETROIT,MI 48243 PRODUCER Attn:RAFFLES FAX(313)393-6950 CUSTOMER ID N, - 26067-00102RAF P-11-12 INSURERS)AFFORDING COVERAGE NAIC# INSURED INSURER A:American Zudch Insurance Company 40142 ECORE INTERNATIONAL Zurich American Insurance Company 16535 DBA DODGE REGUPOL,INC„Dodge Realty Partners INSURER e: 715 FOUNTAIN AVENUE INSURER c: _ LANCASTER,PA 17601-4547 INSURER D:SL Paul Fire&Marine Ins Co 24767 INSURERS: INSURER F: '.. COVERAGES CERTIFICATE NUMBER: CHI-003619638-01 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ICY UP INSR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER MWDDY/YYYY MWDDffYYY LIMITS R GENERA-LIABILITY EACH OCCURRENCE $ 1,0001000 S X GLOB510655 04/01/2011 0410112012 DAMAGE TO—RENTED 5W,000 COMMERCIAL GENERAL LIABILITY PREMISES Ea accunence $ CLAIMS-MADE I X I OCCUR BED EXP(Any oneperson) $ _ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGO $ 2,000.000 POLICY X PRO- LOG $ ECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 BAP6510656 0410112011 04/01f2012 (Ea accident) B X ANY AUTO BODILY INJURY(Par person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Peraccident) X NON-OWNED AUTOS _ $ $ X UMBRELLA GAS X EACH OCCURRENCE $ 1,000,000 D EXCESS LIAa CLA CLAOCC B-MADE OK02101372 04/01/2011 04XV2012 _ IMS AGGREGATE $ 1000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X Vd STATU- 01 AND EMPLOYERS'LIABILITY TORYITS E A ANY PROPRIETORIPARTNERIEXECUTIVE Y/❑NN NIA WC6510646 0410112011 04101/2012 E.L.EACH ACCIDENT $ 500-000 OPFICERIMEMBER EXCLUDED? SOO,000 (Mandatory In NH) E.L.DISEASE_EA EMPLOYE $ If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT a DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES fAftach ACORD tut,Additional Remarks Schedule,if more space Is required) III Ref:Lake Merldlan Playground. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED FOR GENERAL&AUTO LIABILITY ONLY,BUT ONLY AS RESPECTS TO LIABILITY ARISING FROM THE OPERATIONS OF THE INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT. INSURANCE IS PRIMARY AND NON CONTRIBUTORY WHERE REQUIRED BY WRITTEN CONTRACT FOR GENERAL LIABILITY. WAIVER OFSUBROGATION APPLIES TO GENERAL LIABILITY,AUTO LIABILITY AND WORKERS'COMPENSATION IN FAVOR OF THE CERTIFICATE HOLDER INHERE REQUIRED BY WRITTEN CONTRACT. WORKERS'COMPENSATION CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Ave South ACCORDANCE WITH THE POLICY PROVISIONS. Keno WA 98032 AUTHORRED REPRESENTATIVE of Marsh USA Inc. John C Hurley ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors Policy No. Eff. Data of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. Add-1.Prom Return Prem. GL06510656 11111 P112 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: SPECTRASYSTEMS INC. DBA SPECTRATURF Address (including ZIP Code): ICI r This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II—Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I - Coverage A - Bodily Injury And Property Damage Liability and Section I -Coverage B - Personal And Advertising Injury Liability, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or"your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement, performed for the additional insured person or organization. C. However, regardless of the provisions of Paragraphs A. and B.above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. U-GL-1175-C CW(07/10) Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. '',, E. The additional insured must see to it that: t. We are notified as soon as practicable of an"occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or"suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same"occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U-GL-11175-C CW(07l10) Page 2 of 2 Includes copyrighted material of Insurance services Office,Inc.,with its permission. Policy No. Eff. Date of Pol. I Exp. Date of Pol.I Eff.Date of End. Producer Add'I.Prem Return Prem. BAP6510656 /1/11 /1/12 1 $ $ RAFFLES CAPTIVE AUTO ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Amended Who Is An Insured To Include Employees and Volunteers Section II—Liability Coverage A. 1.Who Is An Insured provision is amended by adding the following for Employees and Volunteers: i d. Your"employee" is an"insured"while using, in the course and scope of your business or personal affairs at the time of the"accident", a covered "auto"that you don't own, hire or borrow. e. Anyone volunteering services to you is an "insured"while using a covered auto you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. f. Anyone else who furnishes an"auto"referenced in d. and e. above is also an"insured". B. Amendment-Supplementary Payments Paragraphs A.2.a.(2) and A.2.a.(4) of Section II—Liability Coverage are replaced by the following: 2. Coverage Extensions a. Supplementary Payments In addition to the Limit of Insurance, we will pay for the"insured": (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured"at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Additional Insured by Contract Section II—Liability Coverage A. 2. Coverage Extensions is amended to include as an additional insured any person(s) or organization(s)where required by written contract or agreement executed prior to any"accident" or "loss", provided the"accident" or'loss"arises out of operations contemplated by such contract. When required by such contract,this coverage shall be primary and any insurance maintained by the additional insured will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the coverage part. D. Fellow Employee Exclusion Deletion Paragraph B.5. Fellow Employee Exclusion of Section 11—Liability Coverage does not apply if the bodily injury results from the use of a covered auto, and provided that any coverage under this provision only applies in excess over any other collectable insurance. U-CA-388-A(7/94) E. Driver Safety Program Liability and Physical Damage Coverage Form CA0001 and Form CA0020, Exclusion B.13„ Racing, Section II— Liability Coverage and Form CA0001, Exclusion B.2., Section III—Physical Damage Coverage and Form CA0020, Exclusion B.2.,Section IV—Physical Damage Coverage, do not apply to covered "autos" participating in a driver safety program event, such as, but not limited, to auto or truck rodeos and other auto or truck agility demonstrations. F. Lease Gap Coverage Form CA0001, Section III - Physical Damage Coverage and Form CA0020, Section IV-Physical Damage Coverage are amended: In the event of a total 'loss'to a covered "auto'you own, we will pay any unpaid amount due on the lease or loan for a covered "auto', less: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the"loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health,Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. G. Towing and Labor Form CA0001, Section III—Physical Damage Coverage, Paragraph A.2.Towing and Form CA0020, Section IV— Physical Damage Coverage, Paragraph A.2.Towing are replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto'of the private passenger type is disabled. However, the labor must be performed at the place of disablement. H. Extended Glass Coverage Form CA0001, Section III—Physical Damage Coverage, A. Coverage, item 3.a. and Form CA0020, Section IV— Physical Damage Coverage, A.Coverage, item 3.a are replaced: 3.a. Glass breakage. If glass must be replaced,the deductible will be$100 or the deductible shown in the Declarations, whichever is less. If glass can be repaired and is actually repaired rather than replaced,the deductible will be waived. You have the option of having the glass repaired rather than replaced. I. Downtime Loss and Rental Reimbursement Coverage Form CA0001, Section III -Physical Damage Coverage and Form CA0020, Section IV-Physical Damage Coverage are amended to add: We will pay any resulting "downtime loss'and rental reimbursement expenses you sustain as a result of a covered physical damage"loss"to a covered "auto'up to a maximum of$100 per day, subject to a maximum of$3,000 each 'loss', subject to the following conditions: 1. We will cover"downtime loss' and rental reimbursement expenses beginning on the 6' day after: a. We have given you our agreement to pay for repairs to a covered"auto'and you have given the repair facility your authorization to make the repairs; or U-CA-388-A(7/94) '., b. The date you first reported the"loss"to us, if we have declared your covered"auto"a total"loss". 2. Coverage for"downtime loss"and rental reimbursement expenses will end when any of the following occur: a. You have a spare or reserve"auto" available to you to continue your operations; b. You purchase a replacement"auto"; c. Repairs to your covered "auto" have been completed by the repair facility and they determine the covered "auto"is road-worthy; or d. You reach the$3,000 of maximum coverage. 3. Any Downtime Loss and Rental Reimbursement Coverage provided by this Endorsement is excess over any other insurance coverage available for the same"loss". 4. The following are added to Form CA001, Section V—Definitions, C. and Form CA0020, Section VI— Definitions, C. are amended to include: a. "Downtime loss" means actual loss of"business income"for the period of time that a covered"auto': (1) Is out of service for repair or replacement as a result of a covered physical damage"loss"; or (2) Is in the custody of a repair facility if not a total "loss". b. "Business Income" means: (1) Net income(net profit or loss before income taxes)that would have been earned or incurred; and (2) Continuing normal operating expenses incurred, including payroll. J. Hired Car Physical Damage- Loss of Use Expenses Form CA0001, Section III—Physical Damage Coverage,A 4.b and Form CA0020, Section IV—Physical Damage Coverage, A.4.b are replaced: 4. Coverage Extensions b. Hired Car Physical Damage Loss of Use Expenses If Hired Auto Physical Damage Coverage is provided, we will pay expenses for which an"insured" or your employee becomes legally responsible to pay for"loss"of a vehicle rented or hired under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only, if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision, only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any loss of use expenses is$100 per day up to a maximum limit of$3000 for any one"accident" or"loss" incurred during the period beginning 48 hours after the loss and ending, regardless of the policy's expiration,when the covered "auto" is returned to use or we pay for its loss. This coverage is primary for any covered"auto" you hire without a driver and excess for any covered"auto" you hire with a driver. Loss of Use Expenses means actual loss of"business income"to the rental or leasing vendor for the period of time that a rented or hired "auto": (1) Is out of service for repair or replacement as a result of a covered physical damage"loss"; or (2) Is in the custody of a repair facility if not a total"loss". U-CA-388-A(7/94) K. Personal Effects Coverage The following is added to Form CA0001, Section III— Physical Damage Coverage, A.4. Coverage Extensions and Form CA0020, Section IV—Physical Damage Coverage, A.4. Coverage Extensions: c. Personal Effects Coverage We will pay up to$750 for"loss"to personal effects which are: (1) Owned by an "insured"; and (2) In or on a covered "auto you own, hire or that has been hired for use in your operations. This coverage only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage.Tapes, records, discs, or other similar devices used with audio, visual data electronic equipment are not considered personal effects. L. Tapes, Records and Discs Coverage i The following is added to Form CA0001, Section III— Physical Damage Coverage, A.4, Coverage Extensions and Form CA0020, Section IV—Physical Damage Coverage, A.4. Coverage Extensions: d. Tapes, Records and Discs Coverage 1. Under Combined Physical Damage and Comprehensive Coverages we will pay for "loss" to tapes, records or other similar devices used with sound reproducing equipment. However, under Combined Physical Damage Coverage we will not pay for a loss caused by a covered auto's collision or overturn. We will pay only if the tapes, records or other similar devices: a. Are your property or that of a family member, and b. Are in a covered "auto"at the time of"loss". 2. The most we will pay for loss is$500. 3. All other Physical Damage Coverage provisions apply to this coverage, except for any deductible. M. Airbag Coverage Form CA0001, Section III— Physical Damage Coverage, B.3.a. and Form CA0020, Section IV— Physical Damage Coverage, Item B.3.a. are amended: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. �I N. Two or More Deductibles Form CA0001, Section III—Physical Damage Coverage, D. Deductible and Form CA0020, Section IV—Physical Damage Coverage, D. Deductible are amended: If an accident is covered both by this policy or coverage form and by another policy or coverage form issued to you by a Zurich Financial Services Group company, the following applies for each covered "auto"on a per vehicle basis: 1. If the deductible is the smaller(or smallest)deductible, it will be waived; 2. If the deductible is not the smaller(or smallest)deductible, it will be reduced by the amount of the smaller(or smallest)deductible. U-CA-388-A(7/94) O. Physical Damage—Comprehensive Coverage—Deductible The following is added to Form CA0001, Section III—Physical Damage Coverage, D. Deductible, and Form CA0020, Section IV—Physical Damage Coverage, D. Deductible: Regardless of the number of covered "autos'damaged or stolen, the maximum deductible that will be applied to comprehensive coverage for all "loss"from any one cause is$5,000. P. Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this policy on your owned covered "autos,"the following types of vehicles are also covered "autos'for Physical Damage Coverage: Any auto you do not own when used with the permission of its owner as a temporary substitute for a covered auto you do own but is out of service because of its: 1. Breakdown, 2. Repair, 3. Servicing, 4. "Lass;"or 5. Destruction We will pay the owner for loss"to the temporary substitute"auto". The insurance covers the interest of the owner unless the"loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute"auto"will be the same as the deductible for the covered"auto" it replaces. Q. Amended Duties In The Event Of Accident, Claim, Suit Or Loss The requirement in Form CA 0001, A.2.a. Duties In The Event of Accident, Claim, Suit or Loss of Section IV— Business Auto Conditions and in Farm CA 0020, A.2.a. Duties In The Event of Accident, Claim, Suit or Loss of Section V— Motor Carrier Conditions is replaced: a. In the event of"accident,"claim, "suit, or"loss," you must give us or our authorized representative prompt notice of the"accident,"claim, "suit," or"loss." However,these duties only apply when the"accident,"claim, "suit," or "loss" is known to you (if you are an individual), a partner(if you are a partnership), a member(if you are a limited liability company)or an executive officer or insurance manager(if you are a corporation). The failure of any agent, servant or employee of the"insured,"to notify us of any"accident,"claim, "suit" or`loss"shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How,when and where the "accident" or"loss"occurred and if a claim is made or"suit" is brought,written notice of the claim or"suit"including, but not limited to, the date and details of such claim or"suit;"and (2)The"insured's" name and address; and (3)To the extent possible, the names and addresses of any injured persons and witnesses U-CA-388-A 7/94 �I i If you report an "accident," claim, "suit," or"loss"to another insurer when you should have reported to us,your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. R. Blanket Waiver of Subrogation Form CA 0001, Section IV- Business Auto Conditions, A. Loss Conditions, 5.Transfer Of Rights Of Recovery Against Others To Us and Form CA 0020, Section V-Business Auto Conditions, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is replaced: 5. Transfer Of Rights of Recovery Against Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident"or"loss", provided the that the"accident"or"loss"arises out of operations contemplated by such contract. The waiver only applies to the person or organization designated in the contract. S. Employee Hired Autos— Physical Damage Form CA0001, Section IV—Business Auto Conditions, General Conditions, B.5.b., Other Insurance and Form CA0020, Section V—Motor Carrier Conditions, General Conditions, B.5.b., Other Insurance are deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered "auto"you lease, hire, rent or borrow; and (2) Any"auto" hired or rented under a written contract or agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that"employee's" or elected or appointed official's employment by you. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". T. Unintentional Failure to Disclose Hazards I The following is added to Form CA 0001, Section IV— Business Auto Conditions. B. General Conditions, Item 2 and to Form CA 0020, Section V—Motor Carrier Conditions, B. General Conditions, Item 2: However, we will not deny coverage under this Coverage Form if you unintentionally: 1. Fail to disclose any hazards existing at the inception date of your policy; or 2. Make an error, omission, or improper description of"autos"or other statement of information stated in this policy. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. U. Hired Auto—Limited World Wide Coverage The definition of coverage territory in Form CA0001, Section IV—Business Auto Conditions, B.General Conditions, Item 7, (5)(a) and Form CA0020, Section V—Motor Carrier Conditions, B. General Conditions, Item 7, (5)(a) is amended: I (5) Anywhere in the world where we are legally authorized to provide insurance coverage and services, if: (a) A covered "auto'of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 60 days or less. I U-CA-388-A(7/94) ii V. Bodily Injury Redefined Form CA0001, Section V— Definitions, C. and Form CA0020, Section VI —Definitions, C. are amended to read: C. "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at anytime. Mental anguish means any type of mental or emotional illness or disease of the person sustaining physical injury, sickness or disease and includes, but is not limited to, mental injury, shock or fright. i U-CA-388-A(7/94) +h 8)'T A. BASE BID: LAKE MERIDIAN PLAYGROUND SAFETY SURFACE I. BASE BID — POURED IN PLACE RUBBER SAFETY SURFACING: $ W?J , 2 p I (figures) SILT 1 6E T� (01SAnt1 Wo iAWJ0 460 rbgr`( Tr-We T4(hla? (Written in dollars) II. PROJECT TOTAL- DO NOT INCLUDE SALES TAX TOTAL LUMP SUM BID Lump Sum $ (dollars) (Written in dollars) B. Alternates 1. Alternate 1 (Add) 24 Animal track details $ Q 0C oo (figures) AJ QMds NO/ioo (dollars) (Written in dollars) (The price includes all labor, materials, and equipment necessary to add 22 animal track details as shown in technical specs part 4 to the poured in place surfacing in accordance with SECTION 02791 of the technical specifications. Color and location will be determined on site by the project manager.) 2. Alternate 2 (deduct) Using standard aromatic binder instead of aliphatic $ �(►��� ,o0 1 _ (figures) F9c1� lTiOtlSflN� fro �ltNDt F;OBxY (dollars) (Written in dollars (The price includes all labor, materials, and equipment necessary to replace aliphatic resin as specified in the technical specifications (SECTION 02791) with a standard aromatic binder.) DO NOT INCLUDE SALES TAX C i } The undersigned Bidder hereby verifies that these listed bid prices are true and correcAal,,Ire cts. BIDDER: DATE: (signature) By. Title: � M (print name) Company Name: Address: p w C'Ot'-i � City/State/Zip: /`^fLOtA- CA- gZt&7 Phone: V" 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 City of Kent KENT Parks and Human Services Committee Meeting Minutes of March 17, 2011 Council Present: Dennis Higgins, Elizabeth Albertson, Debbie Ranniger. Call to Order: Debbie Ranniger called the meeting to order at 5:02 p.m. 1. Minutes of February 17, 2011 - Approve Elizabeth Albertson moved to approve the minutes of February 17, 2011. Dennis Higgins seconded. The motion passed 3-0. 2. Partners in Preservation Grant Agreement - Accept Cheryl dos Remedios reported that 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 $70,000 grant from the American Express Partners in Preservation program, and managed in partnership with 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 coordination with the grantors, Cultural staff has been verifying the budget and timeline for the restoration work with Parks Planning and Development staff and receiving bids from contractors to match the amount of funding received. Our City team is now ready to move forward with restoration work during the months of July — September 2011. I There are seven things to complete during the construction season - July through September 2011. 1. Restore the channel that runs through the split rings. 2. Drainage issues including repair in bowls. 3. Control erosion by removing existing sod and irrigation restoration. 4. Re-pave pathways. 5. Re-grade double ring pond. 6. Address circular cone on large berm, height re-grade. 7. Contain invasive vegetation and encourage vegetation that enhances salmon habitat and an open viewpoint. This project is funded through Partners in Preservation funds, 4Culture funds 3/17/11 Meeting Minutes Page 1 and matching funds using staff and volunteer labor. Dennis Higgins asked if the project includes all pathways at the park? Cheryl responded that this plan only includes pathways impacted by fixing the drainage and the bowls area. Jeff explained the funds need to be expended this year and two of the key goals for the design are to restore the art piece but to reduce the maintenance of the park. To make the art piece feel more interactive for the community rather than just visual. A construction agreement will be presented to Council by June. Dennis asked if this project interferes with the Master Plan process? Jeff explained that the work from the Master Plan and this project will complement each other. Dennis Higgins moved to recommend accepting the grant from Partners in Preservation in the amount of $70,000.00 to restore sculptural elements at Earthworks Park, amend the budget, approve expenditure of funds in accordance with the grant agreement, and authorize the Mayor to sign all necessary documents. Elizabeth Albertson seconded. The motion passed 3-0. 3. Playground Eguipment Purchase for Lake Meridian Park - Authorize Jeff explained that the Lake Meridian Park playground structure is at the end of its lifecycle and is becoming a safety concern. In replacing the playground, 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, creating a destination play area. 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 crucial to child development. The Mayor authorized waiving the bidding requirements in compliance with City Policies. 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 is Equipment, Inc. for a total cost of $177,421.08, including state sales tax and delivery. The playground will be open by mid-June with a dedication at the 3/17/11 Meeting Minutes Page 2 fourth of July "Splash." Elizabeth remarked on the benefits of saving money by utilizing the KCDA purchasing cooperative. Dennis Higgins asked about labor. Jeff responded that staff handled the old playground demolition and will be installing the equipment. This project works within the Work Plan and does not impact work schedules. Dennis Higgins moved to recommend authorizing the Mayor to sign the Goods and Services Agreement to purchase play equipment for Lake Meridian Park, subject to final terms and conditions acceptable to the City Attorney. Elizabeth Albertson seconded. The motion passed 3-0. 4. Youth/Teen Data Jeff stated that, in recent months, a number of questions have risen about the youth/teen fund and the programs/services/projects that have been offered. Staff felt it best to pull data from reports and Finance to explain the two levels of funding. The spreadsheet provided at the meeting presented a historical picture of the funds, staffing levels, and program data collected over the past ten years. A second budget sheet identifies the budget history of the youth/teen utility fund and the youth/teen division general fund accounts. The second level reflects the allocation of funds in the utility budget. Staff met with residents two weeks ago to share this information and are meeting again at the end of March to answer questions. Staff anticipates some differences in opinions on the best use of funding. Jeff reminded Council of other general fund expenses not tied to funds, such as: skate parks, sports leagues, athletic complexes, Town Square Plaza, and lifeguards. These are all youth and teen investments that are not pulled out of this youth and teen pot of money. Debbie Ranniger commented that nothing can be done to funds already spent, but moving forward, she feels it's important to continue the communication in planning the 2012 budget. If the public wants to make changes, they have the opportunity at budget meetings to share how they feel funds should be used. Debbie added that the You Me We event showed the need for different types of activities, branching out and trying new things, embracing the teen population to become an active participant in the community and develop leadership opportunities. Elizabeth Albertson talked about how people bring so much into the programs. They leverage resources in the community like writing grants, as well as 3/17/11 Meeting Minutes Page 3 i coordinating and staffing the programs and services. It takes people to make it happen. Dennis Higgins wants updates. He likes the idea of reviewing the budget annually and receiving periodic reports. 5. Director's Report Jeff introduced Hope Gibson, the new Park Planning and Development Manager. Hope is a Landscape Architect and comes from State Parks, with previous employment at MacLeod Reckord Architects and the City of Sammamish. Hope is a great addition to the department. Her skills in place making will fit in well as an important component of our work plan. Debbie Ranniger welcomed Hope and noted that she will be very busy with "Beautifying Kent" which is one of the City's new Visions. The Request for Qualifications on the Mill Creek Master Plan is out. The Mill Creek Greenway pre-submittal meeting is coming up. Public outreach will be very important. Submittals are due the end of this month. Selection will be in April. The agreement should be to Council in May. i Two grants have been awarded for the Green Kent Initiative. One from the Department of Natural Resources for $10,000, which allow us to map the Panther Lake area. We were just notified of a $50,000 grant from King Conservation District to help us with annual implementation. This will assist our relationship with the Conservation for Land Conservancy (CLC), an intern, and furthering the Stewardship Program. I Wilson Playfield Turf Rehabilitation project out to bid. An agreement is coming for turf cleaning and repair Staff want to get as much life out of the turf as possible. Replacement is normally 3-4 years. We could possibly stretch it to 5 years. New turf will be an $800,000 - $1M investment. Kent Pool 40-year land lease expires at the end of May. We are bringing the lease agreement to Council to amend it to a year-to-year renewal over the next 10 years. The You Me We was a fantastic event. Thank you to Council for attending. Many thanks again to Julie Stangle, Lori Hogan and Youth/Teen staff for their coordination of the event. The event was a success in fostering more energy in the community, with a focus on youth and teens. Along the same line of encouraging enthusiasm in the community, Debbie Ranniger spoke of the event, "Be the Spark" that was announced at a Rotary Club meeting in Tacoma. The Greater Tacoma Community Foundation is bringing Desmond Tutu to speak to youth leaders at the Tacoma Dome on May 13. The message is, how to make a difference in the community. Debbie spoke i 3/17/11 Meeting Minutes Page 4 i with Kent's Chamber Executive Director to partner in getting local youth to this event. The Youth and Teen Program Division purchased a block of 65 tickets to take local youth leaders to the event. Transportation is being pursued so that everyone can go together. There will be a collective meeting ahead of time. Debbie Ranniger adjourned the meeting at 5:42 p.m. Respectfully submitted from notes provided by Lori Hogan, re�G7�etrol� Council Committee Recorder 3/17/11 Meeting Minutes Page 5 PUBLIC WORKS COMMITTEE Minutes of Monday, April 4, 2011 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and committee member Ron Harmon were present. Councilmember Elizabeth Albertson sat in for Dennis Higgins who was absent. The meeting was called to order at 4:02 p.m. ITEM 1 - Approval of Special Minutes Dated March 21, 2011: Committee Member Harmon MOVED to approve the minutes of March 21, 2011. The motion was SECONDED by Albertson and PASSED 3-0. Item 2- Contract/Street Sweeping: Kelly Peterson, Environmental Conservation Supervisor and Bill Thomas, Street Superintendent presented an informative PowerPoint Presentation that explained the Street Sweeping Contract. Peterson explained that the current street sweeping contract with McDonough and Sons, Inc., is set to expire on May 31, 2011. The City issued a Request for Proposals (RFP) and received three proposals. Under the current contract, residential areas are swept twice per month. Staff recommendation under the proposed contract would include sweeping residential streets once per month January - September and twice per month October - December. Peterson went on to explain how sweeping materials more frequently is cost effective and saves money due to less catch basin cleanings. Albertson MOVED to recommend Council authorize the Mayor to sign a contract with McDonough and Sons, Inc., to provide Street Sweeping services to the City, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0 Item 3- Easement/Clark Springs Transmission Main: Brad Lake, Water Superintendent explained where the easement is located and that the City currently has a number of easements across several properties between Clark Springs and the City of Kent. Lake went on to explain that due to the varying depths of the transmission main a wider easement is needed. Harmon MOVED to recommend Council authorize the Mayor to accept wider easements for the Clark Springs Transmission Main on the TRM Lumber/Fred Meyer sites within the City of Maple Valley, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0. Item 4 - Addendum No. 1/Verizon License Agreement: Brad Lake, Water Superintendent explained that the City of Kent entered into a 2009 license agreement with Verizon Wireless to allow them access to a Bonneville Power Administration (BPA) power line tower. This addendum allows for repairs and possible future upgrades to the Verizon system, and corrects errors in the location descriptions of the infrastructure. Verizon Wireless paid the Kent Water Department $10,000 for the original license, which terminates on February 17, 2013. A new agreement will be negotiated before the current agreement expires. Albertson MOVED to recommend Council authorize the Mayor to sign Addendum No. 1 to the 2009 Verizon License Agreement for the Clark Springs Bonneville Page 1 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, April 4, 2011 Power Administration cell tower access and Verizon infrastructure , subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0. Item 5 — Contract/Rittenhouse — Horseshoe Bend Levee Property Acquisition: Mark Madfai, P.E. Design Engineering Supervisor explained that as part of the Horseshoe Bend Levee Certification the City must perform work at various locations to provide added protection to the existing levee. Madfai stated that Rittenhouse was selected based on and Request for Proposals from a list of qualified relocation experts that the State of Washington uses. Committee members requested that staff contact the State and get an updated list of providers that include local qualified vendors. Albertson MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Rittenhouse Consulting to perform Negotiation and Relocation Services for property acquisition at the Horseshoe Bend Levee in an amount not to exceed $64,762.50, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0. It was requested by Committee members that the Rittenhouse contract will be brought to Council under other business at the April 19, 2011 meeting. Item 6 — Contract/Frause Group, Inc. — Natural Yard Care Education Program: Todd Hunsdorfer, Environmental Conservation Technician explained that the City of Kent has presented Natural Yard Care (NYC) workshops to seven different neighborhoods throughout the City since the fall of 2007. A total of 21 workshops have been presented with an average attendance of 75 participants per workshop. Hunsdorfer explained the purpose of the workshops; educate and inform participants about the environmental effects of yard care, and to teach them how to create a beautiful, low- maintenance environmentally "friendly" yard. Kent is required to implement educational efforts to decrease surface water pollution as per the city's Phase II Municipal Stormwater Permit. Albertson MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Frause Group, Inc. in an amount not to exceed $19,468.00 to provide Natural Yard Care services, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0. Item 7 — S. 2281h Street Improvements — Storm Drainage Easement Agreement with Drainage District No. 1 of King County: Mike Mactutis, P.E. Environmental Engineering Manager explained that the S. 2281h Street Improvement project includes installation of 3,200' of 72" diameter storm drain pipe and that the bypass pipe will collect storm water from 249 acres of a 731 acre drainage basin. The new drainage structure and pipe will be constructed on District No. 1 property. The purpose of the project is to alleviate flooding of 761h Avenue S. along Mill Creek which frequently floods during storm events. The easement agreement will provide access to build and maintain this project. Mactutis stated that it is a small easement with a big benefit. Page 2 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, April 4, 2011 Albertson MOVED to recommend Council authorize the Mayor to sign a Storm Drainage Easement Agreement with Drainage District No. 1 of King County to install and maintain storm drainage improvement, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0. Tim LaPorte, Public Works Director, pulled Item 8 from the agenda. Item 9 — Information Only/Lower East Hill Sanitary Sewer Project: Paul Kuehne, Engineering Construction Supervisor gave an informative PowerPoint presentation outlining the final cost breakdown for the project as well as various pictures of work in progress. Kuehne explained that a good portion of the pipe that we were hoping to repair needed to be replaced. Chad Bieren, City Engineer explained that pursuant to City Policy Council is to be advised of change orders that exceed 10% of the original contract award. This contract is 17% over the original contract amount. Kuehne explained that the overage was the result of field changes not included in the original design plans; unfortunately many of the unforeseen conditions are difficult and expensive to identify prior to construction. Kuehne added that the contract's bid was significantly under the engineer's estimate and the additional work allowed the City to upgrade additional asbestos-cement waterline for a relatively low cost. Information Only/No Motion Required Item 10 — Speed Limit Reduction for SR 515, from SE 2361h Street to SE 192nd Street: Steve Mullen Transportation Engineering Manager and Ken Thomas, Police Chief were introduced by Tim LaPorte, Public Works Director.- Mullen stated that in conjunction with the Washington State Department of Transportation (WSDOT), staff conducted a engineering and traffic investigation of 1041h Avenue SE/Benson Road/1081h Avenue SE (also designated as State Route 515), from a point 100 feet north of SE 2361h Street to SE 192nd Street. This section of SR 515 was annexed into the City of Kent, effective July 1, 2010. RCW 46.61.415 authorizes local authorities to declare a maximum speed limit on a highway or part of a highway, on the basis of an engineering and traffic investigation. Any alteration of maximum limits on state highways within incorporated cities by local authorities shall not be effective until such alteration has been approved by the Secretary of Transportation. Staff coordinated the study effort with WSDOT and discussed the recommended speed limit of 40 MPH. The response is that WSDOT could support a recommendation of 40 MPH Speed Limit. Discussions with the Chief of Police also indicated that the Kent Police Department would support the recommendation of 40 MPH as a reasonable maximum speed limit for this section of roadway. Albertson MOVED to recommend Council adopt a resolution to set a 40 MPH speed limit on SR 515 from 100 feet north of SE 2361h Street to SE 192nd Street. The motion was SECONDED by Harmon and PASSED 3-0. Page 3 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, April 4, 2011 Item 11 - Information Only/ Traffic Calmina Update: Rob Knutsen, Transportation Engineering Specialist gave an informative PowerPoint presentation giving an overview of the Residential Traffic Calming Program and the status of the following areas: • Southridge Plat (Traffic Calming Improvements) • Panther Lake Annexation Area (New) • Scenic Hill Neighborhood (Radar Speed Signs) - on-going monitoring • Mill Creek Neighborhood (Traffic Circle) - 1 Yr. follow-up • Erin Glade Plat (Speed Cushions) - 6 Mo. Follow-up More information on residential traffic calming can be found at http://www.ci.kent.wa.us/content.aspx?id=11960&terms=traffic%20calminci . Information Only/No Motion Required Item 12 - Information Only/FEMA Flood Plain - Update: Tim LaPorte, P.E. Public Works Director explained that the Public Works Department received word on March 10, 2011 that the Federal Emergency Management Agency (FEMA) is modifying its flood plain mapping process. The change was initiated based on a request from 27 United States Senators to review the current process and reassess whether or not to assume that the existing, uncertified levees simply do not exist. In response, FEMA will suspend its remapping process in areas where the process has not already been completed - this may include the Green River. LaPorte went on to say that we are waiting on final word from our local (Region 10) FEMA office that the proposed Green River flood plain mapping is no longer being pursued by the agency. To be safe we are putting together a formal protest asking FEMA to rescind its proposed maps. The City will continue in the effort to certify the Green River levees. Information Only/No Motion Required Additional Item: Self Haul/Discussion only Harmon asked if the option to self haul your own garbage is available. Kelly Peterson stated that it is not. Albertson stated that customers are getting mixed messages from Allied Waste. Their online information isn't matching what the customer representatives are telling people on the phone. Peterson will come back in May with more information on the topic. The meeting was adjourned at 5:15 p.m. Cheryl Viseth, Public Works Secretary Page 4 of 4 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION