HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/16/2011 CITY OF KENT
AgendaCity Council Meeting
August 16, 2011
Mayor Suzette Cooke
Jamie Perry, Council President
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C®uncilrnernbers
Elizabeth Albertson
Ron Harmon
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Deborah Ranniger
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Debbie Raplee
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Les Thomas
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KENT CITY COUNCIL AGENDAS
KENT August 16, 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 CANCELLED
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SPECIAL COUNCIL MEETING AGENDA
5.00 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. Consultant Contract for Horseshoe Bend Secondary Levee - Authorize
D. 640 Zone Reservoir Mural Design - Approve
E. Puget Sound Energy Easements - Authorize
F. Police Services Agreement with Kent School District - Authorize
G. Washington Traffic Safety Commission Grant - Accept
H. Washington Auto Theft Prevention Authority Grant - Accept
S. OTHER BUSINESS
None
9. BIDS
A. Upper Johnson Creek Restoration - Award and Authorize
B. Mill Creek Earthworks Park Restoration - Award and Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None
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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I
COUNCIL WORKSHOP CANCELLED
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) From Council, Administration, or Staff
B) From the Public
PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
PUBLIC COMMENT
Agenda Item: Consent Calendar 7A - 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through H.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of August 2, 2011.
7B. Approval of Bills.
Bills are not available for approval.
y RCN i Kent City Council Meeting
August 2, 2011
The regular meeting of the Kent City Council was called to order at 5:00 p.m. by
Mayor Cooke. Councilmembers present: Albertson, Harmon, Higgins, Perry, Ranniger,
and Thomas. Councilmember Raplee was excused from the meeting. Councilmember
Albertson arrived at 5:08 p.m. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) No changes were made.
B. From the Public. (CFN-198) Philip Dawdy, Washington Cannabis Association,
1608 E. Republican, Seattle, pointed out that both Ellensburg and Mukilteo enacted
regulations on collective gardens yesterday and encouraged the City of Kent to work
out similar guidelines as soon as possible. He offered to work with the committee and
Council President on this issue.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) No recognition was given.
B. Community Events. (CFN-198) Ranniger noted that 44 teams are in Kent for the
ASA Girls Western National A16 Fastpitch Tournament.
C. Yanazhou Sister City Students. (CFN-155) John Holt introduced Tony and
Yixin, who are students from Yangzhou, China. Both students spoke of their
experiences, and Yixin presented Mayor Cooke with a scroll she made by hand.
(Councilmember Albertson arrived at this point.)
CONSENT CALENDAR
Perry moved to approve Consent Calendar Items A through I. Thomas seconded and
the motion carried.
A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council
meeting of July 19, 2011, were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through June 30 and
paid on June 30 after auditing by the Operations Committee on July 19, 2011, were
approved.
Checks issued for vouchers were approved:
Date Check Numbers Amount
6/30/11 Wire Transfers 4662-4681 $1,730,221.99
6/30/11 Regular Checks 654480-654612 5,813,760.86
Void Checks 65449, 654597, 654608
654618, 654647 (18,712.79)
6/30/11 Use Tax Payable 5,160.32
$7,530,430.38
1
Kent City Council Minutes August 2, 2011
Checks issued for payroll for June 16 through June 30 and paid on July 5, 2011, were
approved:
Date Check Numbers Amount
7/5/11 Checks 323727-323945 $ 157,583.23
7/5/11 Advices 285018-285678 1,262,549.37
$1,420,132.60
C. Excused Absence for Councilmember Raolee. (CFN-198) An excused absence
from the August 2, 2011, meeting for Councilmember Raplee was approved.
D. Auaust 16 Council Meetina Time Change. (CFN-198) A change in the time of
the August 16, 2011, City Council meeting to 5:00 p.m., was approved.
E. Administration of Claims Ordinance. (CFN-220) Ordinance No. 4000 revising
Section 2.97.020 of the Kent City Code entitled, "Administration of Claims," was
adopted.
F. General Business License Ordinance. (CFN-175) Ordinance No. 4001,
repealing Chapter 5.01 of the Kent City Code, and enacting a new Chapter 5.01
entitled, "General Business Licenses," was adopted.
G. Clark Springs Water Supply System/Habitat Conservation Plan (HCP)
Implementing Agreement. (CFN-1038) The Mayor was authorized to sign the
Implementing Agreement for the Clark Springs Water Supply System Habitat
Conservation Plan with the United States Fish and Wildlife Service and National Marine
Fisheries Service, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
H. Interlocal Aareement for 2011 Citywide Larae Culvert & Storm Pipe
Cleaning. (CFN-1038) The Mayor was authorized to sign an Interlocal Agreement
between the City of Kent and Drainage District No. 1 of King County for the City to
receive a $100,000 contribution to the 2011 Citywide Large Culvert and Storm Pipe
Cleaning project, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
I. Consultant Services Aareement for Green River Levee Certification, SR 516
to S 2315t Way Levee Projects. (CFN-1318) The Mayor was authorized to sign a
Consultant Services Agreement with Rittenhouse Consulting in the amount of $20,000
for the Green River Levee Certification of State Route 516 to S. 231st Way Levee
project, subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
OTHER BUSINESS
A. Kentara Rezone. (CFN-121) City Attorney Brubaker explained the process to be
followed in this quasi-judicial matter, and the history of the project. He determined
that there is no evidence of ex-parte contacts or objections from the audience.
2
Kent City Council Minutes August 2, 2011
Principal Planner Matt Gilbert explained that in April the City Council approved the
Comprehensive Plan map designation which changed this site to Single Family 6 units
per acre, and said this is the companion zoning change which will make the two maps
consistent with one another. He said the proposal is consistent with the rezone criteria
established in the Zoning Code and recommended approval. Gilbert answered
questions from Councilmembers relating to procedures and the number of houses
proposed. He noted for Harmon that a neighborhood park was not designated as part
of the plat, and Harmon voiced concern about paying a fee instead of building a park.
Councilmember Thomas asked to recuse himself since he lives only three houses down
from this site. Perry moved to adopt Ordinance No. 4002 accepting the findings of the
Hearing Examiner, rezoning the property located at 10329 SE 273rd Place, and
amending the zoning map. Thomas seconded.
Albertson emphasized that the reason for paying the fee-in-lieu is because there are
no recreational facilities, and said that play space is available at a nearby school.
Thomas pointed out that there is a beautiful greenbelt in the area. Parks Director
Watling noted that changes to the policy relating to fees-in-lieu have been discussed in
the past. The motion then carried 4-1 with Harmon opposed and Thomas abstaining.
BIDS
A. Central Avenue South Sidewalk Replacement and Storm Water Forcemain.
(CFN-117) City Engineer Chad Bieren explained the project and noted that it will help
provide relief from flooding. He stated that seven bids were received, that the low bid
was submitted by Road Construction NW, Inc., and that staff recommends award to
them. Harmon moved to award the Central Avenue South Sidewalk Replacement
Storm Water Forcemain Project contract to Road Construction NW, Inc., in the amount
of $2,085,274.20, and to authorize the Mayor to sign all necessary documents, subject
to final terms and conditions acceptable to the City Attorney and Public Works
Director. Higgins seconded and the motion carried.
B. 132"d Avenue SE Asphalt Grinding. (CFN-171) Bieren described the project
and noted that two bids were received. He explained that the low bidder currently has
two existing contracts with the City for grinding, which resulted in a bid much lower
than the Engineer's estimate. Harmon moved to award the 132"d Avenue SE Asphalt
Grinding Project contract to Pyramid Grinding, LLC, in the amount of $17,250, and to
authorize the Mayor to sign all necessary documents, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director. Higgins
seconded and the motion carried.
REPORTS
A. Council President. (CFN-198) No report was given.
B. Mayor. (CFN-198) Mayor Cooke announced that she has declared this date as
National Night Out in the City of Kent and encouraged citizens to participate in crime
prevention efforts. She also noted receipt of a letter regarding the national flood
insurance program which stated that the City has received a Class 6 rating which
translates into a 20% premium savings for each flood insurance policy holder.
3
Kent City Council Minutes August 2, 2011
C. Administration. (CFN-198) CAO Hodgson noted that the August 16 Council
meeting will be held at 5:00 p.m.
D. Economic & Community Development Committee. (CFN-198) Perry noted
that the August meeting has been cancelled.
E. Operations Committee. (CFN-198) No report was given.
F. Parks and Human Services Committee. (CFN-198) Ranniger asked the Parks
Director to bring the fee-in-lieu-of concerns to a future meeting.
G. Public Safety Committee. (CFN-198) No report was given.
H. Public Works Committee. (CFN-198) No report was given.
I. Regional Fire Authority. (CFN-198) No report was given.
ADJOURNMENT
The meeting adjourned at 5:35 p.m. (CFN-198)
Brenda Jacober, CIVIC
City Clerk
4
KENT Agenda Item: Consent Calendar - 7C
TO: City Council
DATE: August 16, 2011
SUBJECT: Consultant Contract for Horseshoe Bend Secondary
Levee - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement with
GeoEngineers, Inc. in an amount not to exceed $28,570 for geotechnical
engineering services on the Horseshoe Bend Secondary Levee Project, subject to
final terms and conditions acceptable to the City Attorney and the Public Works
Director.
SUMMARY: The City is pursuing accreditation of the Horseshoe Bend Levee from
the Federal Emergency Management Agency (FEMA). As part of this accreditation
effort, the City will be constructing secondary levees along the east and west ends of
the Horseshoe Bend Levee. Construction is anticipated to begin in late August 2011.
GeoEngineers is currently under contract to prepare the Conditional Letter of Map
Revision (CLOMR) for the Horseshoe Bend Levee. As part of the certification effort,
GeoEngineers is required to verify that the new secondary levees are constructed in
accordance with FEMA standards. This work was not included in an earlier contract
because it was not known to what extent, if any, levee reconstruction would be
required. This construction project is based on GeoEngineers analysis of the levee and
a review of their work by the City and King County.
GeoEngineers will observe and inspect construction of the setback levee and verify
that it is done properly.
EXHIBITS: Contract
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: This contract will be paid through the $10,000,000 Horseshoe
Bend Grant from the Department of Ecology.
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
I
GeoEngineers, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of
Washington, located and doing business at 1101 Fawcett Ave., Suite 200, Tacoma, WA 98402,
Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Lyle Stone (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
i
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall provide construction observation and documentation, on-site
construction consultation, and prepare documents to certify the construction of the
Horseshoe Bend East and West Secondary Levees. For a description, see the
Consultant's Scope of Work which is attached as EXhibit A and incorporated by this
reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
June 30, 2012.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Twenty Eight Thousand, Five Hundred Seventy Dollars ($28,570.00), plus
applicable Washington State sales tax, for the services described in this Agreement.
This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed amendment to
this agreement. The Consultant agrees that the hourly or flat rate charged by it for
its services contracted for herein shall remain locked at the negotiated rate(s) for a
period of one (1) year from the effective date of this Agreement. The Consultant's
billing rates shall be as delineated in Exhibit B.
CONSULTANT SERVICES AGREEMENT - 1
(Over $10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
i
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
i
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
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law, This Agreement shall be governed by j
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F: Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Lyle Stone Timothy J. LaPorte, P.E.
GeoEngineers, Inc. City of Kent
1101 Fawcett Ave., Suite 200 220 Fourth Avenue South
Tacoma, WA 98402 Kent, WA 98032
(253) 383-4940 (telephone) (253) 856-5500 (telephone)
(253) 383-4923 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
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Kent Law Department
GeoEngineers-Horseshoe Secondary/Madlal III
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
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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
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CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
III
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
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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.
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 20
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By:
For:
Title:
Date:
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EEO COMPLIANCE DOCUMENTS - 3
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EXHIBIT A
SCOPE OF SERVICES
CITY OF KENT
CONSTRUCTION OBSERVATION SERVICES
HORSESHOE BEND EAST AND WEST SECONDARY LEVEES
KENT, WASHINGTON
FILE NO. O4:10-172-03
INTRODUCTION AND PROJECT UNDERSTANDING
This phase of the levee construction will consist of constructing secondary levees at the east and west
river bends on the Horseshoe Bend Levee system. The east portion of the project is located between the
Horseshoe Acres Pump Station and South 259m Street. The west portion of the project is located South
of South 259th Street and west of Both Avenue South. Improvements in both areas consist of two 3- to
5-foot-tall earth berm levees set backfrom the Green River.
SCOPE OF SERVICE
The purpose of our services is to provide construction observation and documentation, on-site
construction consultation, and preparation of documents to certify the construction of the levee for the
National Flood Insurance Program. We have assumed 15 working days of full-time on site construction
monitoring and 15 days of part-time construction monitoring. Our specific scope is as follows:
1. Attend a preconstruction meeting and weekly construction meetings as required and requested.
2. Observe stripping, subgrade preparation and the excavation of the inspection trench. We will record
soil conditions and provide recommendations for the overexcavation and removal of unsuitable
material as required.
3. Provide our opinion to the suitability of on-site soil for use as levee fill.
4. Observe fill placement and compaction. We will complete nuclear moisture/density tests of the fill as
required.
5. Complete laboratory testing of fill materials. We anticipate that our laboratory program will consist of
maximum density determinations, particle size analyses and percent fines determinations.
6. Record our on-site observations and recommendations in daily field reports.
T Prepare a letter at the completion of the project summarizing our observations and providing our
opinion of the suitability of the levee to function as designed.
8. Provide additional documentation and on-site consultation as requested.
US:Mt:tt
Attachment: Exhibit B Fee Estimate
Disclaimer:Any electronic form,facsimile or hard copy of the original document(email,text,table,and/or figure),If provided,and any attachments are only a
copy of the original document.The original document is stored by GeoEngineers,Ina and will serve as the official docu ment of mcord. '..
Copyrights`)2011 by GeoEugineers,Inc.NI rights reserved.
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Flln No.[A I0.172.03
EXHIBIT B
FEE ESTIMATE
CONSTRUCTION OBSERVATION SERVICES
HORSESHOE BEND EAST AND WEST SECONDARY LEVEES
KENT,WASHINGTON
Classification Hours x Rate = Cost
Principal (Gary Henderson) 4 x $160.00 = $640.00
Project Engineer(Lyle Stone) 30 x $145.00 = $4,350.00
Staff Engineer 2(Various) 40 x $112.00 = $4,480.00
Technician 180 x $80.00 = $14,400.00
Support 15 x $65.00 = $975.00
Subtotal Personnel $24,845.00
Other Expenses
Vehicle Usage $1,100.00
Laboratory and Testing(7 Maximum Density Determinations,7 Sieves,14 Percent Fines) $2,625.00
Subtotal Expenses $3,725.00 '..
Total Estimated Costs $28,570.00
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File No.0410-172-03
July 26,2011 GEoENGIPlEERS !mot„y '..,,.
EXHIBIT C
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
EXHIBIT C (continued)
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
KENT Agenda Item: Consent Calendar — 7D
TO: City Council
DATE: August 16, 2011
SUBJECT: 640 Zone Reservoir Mural Design — Approve
MOTION: Approve the mural rendering and authorize Public Works to
proceed with the work on the 640 Zone Water Reservoir, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The 640 Zone Water Reservoir is nearing completion, and the
painting of the reservoir will include a mural. The Conditional Use Permit for the
project requires a mural with trees, shrubs and sky to blend into the surrounding
landscape for a natural look. Council authorized a mural contract with Hennig Mural
Design, Inc. in June 2011.
A rendering submitted by Hennig was superimposed onto a photo of the reservoir
(photo attached) and submitted to various individuals, including those involved in the
Conditional Use Permit process, for their review and comments. All comments
received were positive with a few minor recommendations that can be incorporated
into the final product. Based on written and verbal comments, Public Works
recommends approval of the mural rendering.
EXHIBITS: Photos
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: Funds for the mural have been budgeted in the 640 Zone
Reservoir project.
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KENT Agenda Item: Consent Calendar — 7E
TO: City Council
DATE: August 16, 2011
SUBJECT: Puget Sound Energy (PSE) Easement — Authorize
MOTION: Authorize the Mayor to sign an easement allowing Puget Sound
Energy to place overhead facilities on City property at the Pacific Gateway Storm-
water Detention pond, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: Based on increasing demand for electricity, Puget Sound Energy
(PSE) is developing a new power substation in Tukwila, on the west side of the Green
River. A new, overhead power line route will be constructed this fall in order to meet
this demand and provide increased reliability for its system serving Kent. The new
lines will connect the new Tukwila substation with the existing Boeing substation,
which is located in Kent.
This easement will allow PSE to construct aerial power lines around the Pacific
Gateway Stormwater Detention pond, which is owned by Kent. The new lines would
be placed 45-feet over the existing ground to allow for higher vegetation around the
pond.
PSE will need a separate easement from the City to complete this project as it crosses
the Green River at the Boeing Levee. This related easement will be brought to the
Committee at a later date.
EXHIBITS: Exhibit A — Legal Description of Easement and Exhibit B — Vicinity Map
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: PSE would pay the City $2,566.00 for the Pacific Gateway
Detention pond easement. This money would be paid into the stormwater utility and
used for pond maintenance.
FXH!BIT 'A"
Legal Description 0fEasement
Portion 0f Tax Lot No. 660021^0340
That portion of Tract "A" of the Plat of Pacific Gateway Park, recorded in VcAurne 197, of Piats,
PGgam82-71. Records nf King County, oitU8t9in the Northeast Quarter of the Southwest
Quarter of Section 2, Township 22 North, Range 4 East, Willamette Meridian, the City of Kent,
King County, Washington, lying waster|yn/the following described |ine�
COMMENCING ai the southwest corner of said tract `A";
TheAC8Suuth88"55'3D" Eestm|ongtheoouth |ineofaaidtnmct "A" 2G77feettntheTRUE
POINT [)F BEGINNING o[ said described line,
Thence North 02"12'17" East 301.64feet,
Thence North 09°14'O2' East 133.Q6 feet, more nr less, 1u the west fine 0fsaid tract "A" and the
terminus of said line.
Said easement contains approximately 11.121 square feet, more Vrless.
End ufDescription
Prepared by Scott Edward4PLS October 1Z, Z018
AP3 Survey & Mapping
13221SE26w Street, Suite A
8e||ovue, VVA98O5
Phone 4257463ZOO
cVo»av'w^ct` no"ozm»^nuuo
Page lof1
EXHIBIT B
SEC. 2, T22N, R4E, W.M.
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VOL. 197, PGS 62-71
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LINE TABLE
LINE BEARING DISTANCE
L L1 S88'55'38"E 26-77'
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TAX PARCEL
022204-9072 SURVEY & PPING
PREPARED BY: SCOTT EDWARDS, PLS
JOB NO.. 1005,258 1 EL VU ,WAS"NGTOREET SUITEA
BELLEVUE,WASHINGTON 98005
DATE: OCTOBER 12, 2010 TEL (425)746-3200
DRAWING: 5258-ESMT-6600210340.dwg FAX:(425)]4W342
KENT Agenda Item: Consent Calendar - 7F
TO: City Council
DATE: August 16, 2011
SUBJECT: Police Services Agreement with Kent School
District - Authorize
MOTION: Authorize the Mayor to sign the Police Services Agreement with
the Kent School District and establish the budget
SUMMARY: The Police Services Agreement Between the Kent Police Department
and the Kent School District for 2011-2012 will provide a Kent Police Lieutenant (or
officer of higher rank) to the District for the purpose of assisting with communication
and logistics between the two organizations that relates to school safety. The District
agrees to reimburse the Department $20,000 per agreement, spread across twelve
(12) monthly payments of $1,666.00 each, applicable toward salary and benefits,
which at all times shall be paid by the Department. The District shall reimburse the
Department upon submission of a monthly invoice to the District's Business Officer.
The Agreement shall be effective on September 1, 2011 through August 31, 2012,
subject to any prior termination as provided herein and unless extended by written
agreement of parties.
EXHIBITS: Police Services Agreement
RECOMMENDED BY: Operations Committee 8/16/11
BUDGET IMPACTS: $20,000 revenue, via reimbursement basis
POLICE SERVICES AGREEMENT
BETWEEN THE KENT POLICE DEPARTMENT
AND
THE KENT SCHOOL DISTRICT
2011- 2012
THIS AGREEMENT is made and entered into by and between the City of Kent/ Kent Police Department, hereinafter
referred to collectively as the "Department",and the Kent School District, hereinafter referred to as the "District".
WHEREAS,the District desires to fill the position of School Safety Services Director with a law enforcement officer
who is, in fact, employed by the City of Kent Police Department and holding the rank of Lieutenant, or higher,
therein and can bring invaluable experience and advice to District safety officers, and
WHEREAS, the Department desires that its senior officers have the opportunity to (a) partner with a large local
school district in the community; (b) gain invaluable administrative, command, and community relations
experience, and (c) experience unique professional growth and development, and
WHEREAS,the District and Department share a compelling common value in seeing that the community enjoys a
safe, secure environment for its students and staff,
NOW, THEREFORE,for and in consideration of the mutual promises set forth herein, the parties hereto mutually
agree as follows:
1. TERM
The Agreement shall be effective on September 1, 2011 through August 31,2012, subject to any prior termination as
provided herein and unless extended by written agreement of parties hereto.
2. DUTIES OF THE DEPARTMENT
The Department,with the District's approval, shall provide an officer the rank of Lieutenant or higher, hereafter
referred to as "Director;' to the District for the purpose of assisting with communication and logistics between the
two organizations that relates to school safety.
Such assistance shall include, but not be limited to:
a. Provide advice and direction to personnel regarding best practices for ensuring a safe and secure learning
environment.
b. Respond to school incidents as necessary.
c. Periodically review and recommend revisions to the procedures and protocols for school safety.
d. Support administrators & staff with school safety inquiries and/or needs for assistance.
e. Assist in the development of Kent School District staff in emergency management practices and procedures.
f. Assist in the establishment and implementation of emergency operation procedures and threat assessment
proceduresfor buildings.
g. Help establish and maintain security procedures focused on prevention of problems in schools and the community.
h. Help foster an attitude promoting a safe school environment.
The Department shall provide the Director a vehicle, radio communication, cellular phone, uniform, and other necessary
equipment provided to the Department's on-duty uniformed commanders to enable the Director to perform his duties
with the District. The District shall provide the use of office space and a district email account to the Director.
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3. CONSIDERATION
In consideration of those services provided under this Agreement, the District shall provide the Director the unique
opportunity to obtain administration and community relations experience. The Director will be considered a part of the
Superintendent's Cabinet and the District's Leadership Team.
The District agrees to reimburse the Department $20,000, per agreement, spread across twelve (12) monthly payments
of $1,666.00 each, applicable toward the Director's salary and benefits, which at all times shall be paid by the
Department. The District shall pay said reimbursement upon submission by the Department of a monthly invoice to the
District's Chief Business Officer.
4. WORK SCHEDULE
The Director shall be on duty with the District approximately 10 hours per week based on the District's regular school
year calendar and during the term of this Agreement. By mutual agreement between the Department and District, the
Director may accumulate the un-worked 10 hours per week and work these hours during the times that the District's
schools are not in session.
5. MODIFICATION
No waiver or modification of this Agreement or any covenants, conditions, or limitations herein contained shall be valid
unless in writing and duly executed by the parties to be charged therewith, and no evidence of any waiver of
modification shall be offered or received in evidence of any proceeding or litigation between the parties hereto arising
out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or
modification is in writing duly executed as aforesaid and the parties further agree that the provisions of this section may
not be waived except as herein set forth.
6. TERMINATION OF AGREEMENT
This Agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by either
party after sixty(60) days following the other party's receipt of a written intent to terminate.
Each party shall have the right to cancel and immediately terminate this agreement without prior notice upon breach of
the Agreement by the other party.
In the event of termination under this section, the Department will be entitled to receive, to the date of such
termination on a pro rate basis,the compensation as setforth in section 3,above.
7. INDEMNIFICATION
The parties agree that the District shall bear all responsibility and cost of defending any and all claims, actions,
suits, liabilities, losses, costs, expenses and damages that relate in any way whatsoever to School Safety Services,
the security and safety of the District and its students, employees, and visitors, and/or the provision of any services
set forth in Section 2 of this agreement, and for this purpose, and notwithstanding Section 9 of this agreement, the
Director shall be considered an agent of the District. Further, to this end, the District shall defend, indemnify and
hold harmless the Director and the Department and its officers, agents and employees, from any and all claims,
actions, suits, liability,loss,costs, expenses and damages of any nature whatsoever relating to or arising out of the
performance of the Agreement. The District shall hot defend, indemnify or hold the Department harmless from any
claims, actions or suits for injury, damage or loss of any kind caused by the intentional act(s) of the Director which
are beyond the scope of this agreement.
In executing this Agreement, the _Department does not assume liability or responsibility for, or in any way release
the District from any liability or responsibility which arises in whole or in part from the existence or effect of
District policies, rules or regulations. If any cause, claim, suit, action, or administrative proceedings is commenced
in which the enforceability and/or validity of any such District policy, rule or regulation is at issue,the District shall
defend the same at its sole expense and if judgment is entered or damages are awarded against the District, the
4
City or both, the District shall satisfy the same, including all chargeable costs and attorney's fees.
8. MEDICALIHEALTH AND WORKER'S COMPENSATION BENEFITS
In the event of any injury to, or the illness or death of, the Director shall be considered an employee of the
Department while acting in performance of this Agreement, and the Department agrees to extend to the Director
the medical/health and workers' compensation benefits and other compensation, to the same extent and in the
same manner as in such injury, illness, or death had occurred during regular work assignment in and for the
Department.
9. DIRECTOR OF SCHOOL SAFETY IS EMPLOYEE OF DEPARTMENT
The Director shall, at all times, be considered an employee of the Department, and shall, for no purpose, be
considered an employee of the District. The District shall have no obligation to provide the Director with any workers
compensation or other benefits, and the salary of the Director shall be paid in full by the Department.
10. VENUE STIPULATION
This Agreement shall be construed as having been made and delivered within the State of Washington, and the
laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in
equity, or judicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted in
King County, Washington.
11. COMPLIANCE WITH LAWS
The parties hereto agree to, in carrying out the terms of this Agreement, comply with all applicable federal, state,
and local laws, ordinances, and regulations, including but not necessarily limited to, the laws pertaining to civil rights
and laws pertaining to the District and the Department. The Department and its officers, agents and employees in
carrying out this agreement agree that they will not in any way discriminate against others on the basis of race,
color, national origin, sex,age,creed, sexual orientation, marital or veteran status, or disability.
12. NOTICES
All notices given herein shall be in writing and shall be sent by registered mail to the parties at their recognized
business addresses.
13. HEADINGS
The article headings contained in this Agreement are inserted solely as a matter of convenience and for reference
and in no way do they define, limit, or describe the scope or intent of the provisions of this agreement.
14. AGREEMENTS OUTSIDE OF THIS AGREEMENT
This Agreement contains the complete agreement between the parties and shall, as of the effective date hereof,
supersede all agreements, either written or oral, between the parties. The parties agree that neither of them has
made any representation with respect to the subject matter of this Agreement or any representations, including
the executing and delivery hereof, except such representations as are specifically set forth herein, and each of the
parties hereto acknowledge that it has relied on its own judgment in entering into this Agreement.
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IN WITNESS WHEREOF,the parties have affixed their signature on the dates below.
KENT SCHOOL DISTRICT CITY OF KENT/KENT POLICE DEPARTMENT
Dr. Edward Lee Vargas (Superintendent) Suzette Cooke (Mayor)
Date Date
4
w," Agenda Item: Consent Calendar - 7G
TO: City Council
DATE: August 16, 2011
SUBJECT: Washington Traffic Safety Commission Grant - Accept
MOTION: Accept additional funds in the amount of $1,500 from the
Washington Traffic Safety Commission and amend the budget.
SUMMARY: The additional funds will provide officer overtime funding to conduct
speed mobilization patrols in support of Target Zero priorities.
EXHIBITS: None
RECOMMENDED BY: Operations Committee 8/16/11
BUDGET IMPACTS: Funding is on a reimbursement basis.
KENT Agenda Item: Consent Calendar — 7H
TO: City Council
DATE: August 16, 2011
SUBJECT: Washington Auto Theft Prevention Authority Grant — Accept
MOTION: Accept the Washington Auto Theft Prevention Authority grant
award in the amount of $1,600,000 and authorize expenditure of the funds in
accordance with the grant terms.
SUMMARY: The biennium Washington Auto Theft Prevention Authority (WATPA)
grant was awarded to prevent auto theft through the Regional Operational Links
(PATROL) Task Force. The grant was submitted by the Federal Way Police
Department, and the Kent Police Department will be the fiscal manager for the funds.
The PATROL Task Force is comprised of South King County law enforcement agencies,
the King County Prosecutor's Office, and two North Pierce County police agencies. The
grant will fund personnel and equipment for the PATROL Task Force. The award will
be divided evenly for each of the two grant years, at $800,000 each year.
The award is funded by $10 of every traffic citation across the state which has been
directed to WATPA. The award period is 7/01/11 through 6/30/13.
EXHIBITS: WATPA award letter to Federal Way dated 6/15/11
RECOMMENDED BY: Operations Committee 8/16/11
BUDGET IMPACTS: The funds are awarded on a reimbursement basis.
WASHINGTON AUTO THEFT PREVENTIONAUTHORITY
WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS
3060 Willamette Drive NE,Suite 101—Lacey,WA 98516—Phone:(360)292-7900—Fax:(360)292-7269—Website:http:/Avatpa.waspc.org
"preventing and reducing motor vehicle theft and other associated crime in the State of Washington"
C""W"W"
June 15, 2011
Chief Brian Wilson
Federal Way Police Department
PO Box 9718
Federal Way, WA 98063-9718
Dear Chief Wilson:
I am pleased to inform you that WATPA has approved the PATROL Task Force grant application for
continuation of funding. In an effort to facilitate the work of the task force the WATPA board made the
decision to approve your funding for the 11-13 biennium, July 1, 2011—June 30,2013. The award is in
the amount of$800,000.00 per year, or $1,600,00.00 for the biennium. We regret at this time the board
was not in a position to consider increased funding levels, however, your agency is invited to apply for
additional funding when the general call for grant applications is announced.
The grant award is effective July 1, 2011 and expires on June 30, 2013. Enclosed is an award agreement.
This agreement is to be signed and returned to WATPA. No funds will be reimbursed until the signed
agreement is received. Expenditures prior to the award effective date or after the grant expiration date are
not authorized and will not be reimbursed. In addition, the grant award is subject to all Grant Policies and
Procedures of the Washington Auto Theft Prevention Authority.
Costs will be paid on a reimbursement basis. Your agency will be reimbursed for actual expenses only up
to the limit of the award. Quarterly reporting and financial related forms are attached.
If you have any questions, please contact me at 360-486-2380 or via e-mail at dpierceAwaspc.org.
Sincerely,
Don Pierce, Executive Director
Washington Auto Theft Prevention Authority
Cc: Andy Hwang, Deputy Chief of Police
Paul Cline, Investigations Division Commander
Debra LeRoy, Research and Development Analyst
Washington Auto Zhe�Preventmn
Anaoary
JOHN BATISTE ENIIL DAMNIEL HARVEYG SDAL KEN HOHENBERG JOHISLOVICK
Chief—WA state Patrol Inswmvice Indust, Oe(Douglas Canty ChiefKenrewirX Oe 8—Snohomish Cowry
MERLE PFIEFER DONPIERCE DAN SATTERBERG CLIFFORD COOK NHCHAEL WEST
Coneral Public DSea✓ve Director-WASPC Prosec,ot,Acor,,—Kt,Camty Chief-Farcouver Automobile Industry
DONPIERCE
Dke¢Jbe Director-WATPA
WASHINGTON AUTO THEFT PREVENTION AUMORffY
WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS
3060 Willamette Drive NE,Lacey,WA 98516—Phone:(360)292-7900—Fax:(360)292-7269—Wehsite:http://watpa.wmpc.org
Tom Corzine,WATPA Executive Director
'preventing and reducing motor vehicle theft and associated crime in the Stale of Washington"
Supplement/Continuation of original grant
Grant Agency: Name of Agency: Federal Way Police Department
Mailing Address: 33325 8th Ave South
Federal Way, WA 98063-9718
For the Fiscal Year Beginning July 1, 2011- Ending June 30, 2013
i
Grant Program: ® Motor Vehicle Theft Reduction
Project Title: PATROL Task Force
i
Multiple Agency Request ® Single Agency Request ❑
WATPA FUNDS BUDGET:
A. Personnel 1110836.00
B. Employee Benefits 394864.00
C. Consultants/Contracts 4000.00
D.TravellTraining 18040.00
E. Other Expenses 72260.00
F. Equipment/Technology
G. Prosecution
H. Confinement
Total: 1,600,000.00
To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly
authorized by the chief executive of the applicant and the applicant will comply with the attached assurances and the
terms of the grant contract.
Name of Authorized Official: B.Wilson Date:0711412011
rr
��,•ffi
ell, f
F
Signature of Authorized Official;
Title:: Chief ' Phone:253-835-5701
For WATPA Use Only:
WATPA Authorized signature bate
Washington Auto Theft Prevention Authority Page 1
Z KENT
HA r Agenda Item: Bids - 9A
TO: City Council
DATE: August 16, 2011
SUBJECT: Upper Johnson Creek Restoration - Award and Authorize
MOTION: Move to award the Upper Johnson Creek Restoration Phase II
Project to Restoration Logistics, LLC in the amount of $59,903.55 and authorize the
Mayor to sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The bid opening for this project was held on Tuesday, August 9,
2011 with four (4) bids received. The low bid was submitted by Restoration Logistics,
LLC in the amount of $59,903.55. The Engineer's estimate for the project was
$76,377.89.
The project consists of installing approximately 15,600 native plants in and around a
new stream channel that was recently completed as a developer funded stormwater
mitigation project.
EXHIBITS: Public Works Memo dated 8/9/2011
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: Privately funded by Polygon Northwest through the Stormwater
Utility Fund.
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
KENT Address: 220 Fourth Avenue S.
W A S H I N c 7 o N Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: August 9, 2011
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: Upper Johnson Creek Restoration Phase II
Bid opening for this project was held on August 9, 2011 with four (4) bids received.
The low bid was submitted by Restoration Logistics, LLC in the amount of
$59,903.55. The Engineer's estimate was $ 76,377.89. The Public Works Director
recommends awarding this contract to Restoration Logistics, LLC.
Bid Summary
01. Restoration Logistics, LLC $59,903.55
02. Buckley Nursery Co., Inc. $72,583.66
03. Matia Contractors, Inc. $76,104.69
04. Terra Dynamics, Inc. $88,823.66
Engineer's Estimate $76,377.89
Z KENT
HA r Agenda Item: Bids - 9B
TO: City Council
DATE: August 16, 2011
SUBJECT: Mill Creek Earthworks Parks Restoration - Award
and Authorize
MOTION: Move to award the Mill Creek Earthworks Park Renovation project
to Mike McClung Construction Co., Inc. for the amount of $145,175, and authorize
the Mayor to sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney.
SUMMARY: The bid opening was held on August 4, 2011, with two (2) bids
received. The apparent low bid was submitted by Mike McClung Construction Co., Inc.
for the amount of $145,175.00. The Architect's estimate is $150,197.92, excluding
Washington State Sales Tax (WSST).
Staff recommends entering into an agreement with Mike McClung Construction Co.,
Inc. for the amount of $145,175.00, plus WSST, to complete the Mill Creek
Earthworks Park Renovation project.
EXHIBITS: Bid Tab
RECOMMENDED BY: Parks, Recreation and Community Services Staff
BUDGET IMPACTS: This expense impacts the Mill Creek/Greenway Plan &
renovation budget.
KENT
VIA SHINGTON
BID TABULATION FORM
KENT PARKS, RECREATION & COMMUNITY SERVICES
CITY OF KENT, WASHINGTON
NAME: Mill Creek Earthworks Park Renovation
DATE: August 4, 2011 DUE: 10:00 a.m. OPENED: 10:15 a.m.
Bidder: Total Lump Sum Alternate Addendum
Bid: in dollars #1 & #2:
1. Mike McClung $145,175.00 $4,000.00 X, X
Construction Co. Inc.
2. Pacific Earth $148,210.00 $4,815.00 X, X
Works Inc.
CONSULTANT ESTIMATE: $150,197.92
2 bids were received for this project and opened. The apparent low bidder is
Mike McClung Construction Co., Inc. for $145,175.00 plus applicable Washington
State sales tax.
Staff will review the bid documents and verify references. Kent City Council is
expected to award the bid on Tuesday, August 16, 2011. Questions may be directed to
Brian Levenhagen, project manager, at (253) 856-5116.
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
PUBLIC WORKS COMMITTEE
Minutes of Monday, July 18, 2011
COMMITTEE MEMBERS PRESENT:
Committee Chair Debbie Raplee and committee members Ron Harmon and Dennis Higgins
were present. The meeting was called to order at 5:05 p.m.
ITEM 1 — Approval of Minutes Dated July 11, 2011:
Committee Member Higgins MOVED to approve the minutes of July 11, 2011. The
motion was SECONDED by Harmon and PASSED 3-0.
Item 2 — Clark Springs Water Supply System/Habitat Conservation Plan (HCP)
Implementing Agreement:
Environmental Conservation Supervisor, Kelly Peterson, noted that in January 2001, through
the vote of the Council, staff was directed to negotiate a Habitat Conservation Plan (HCP) and
associated National Environmental Policy Act (NEPA) documents with the United States Fish
and Wildlife Service and the National Marine Fisheries Services for the Clark Springs Water
Supply System. Peterson said the HCP will provide long term certainty and protection of the
city's municipal water supply and continued stewardship of salmonid resources, including
endangered species in the region.
Peterson went on to explain that an HCP is an agreement between a landowner or utility with
the federal government to allow incidental take of threatened or endangered species identified
on the federal Endangered Species Act list, provided the take will be adequately minimized and
mitigated to the maximum extent practicable.
The HCP will provide Kent with 50-years of certainty and protection from lawsuits under the
auspices of the federal Endangered Species Act. The City will be required to complete specific
habitat conservation measures (projects) at a cost of approximately $2.5-million over the life
of the HCP. Specific monitoring by the City will also need to be done throughout the life of the
HCP.
Harmon moved to authorize the Mayor to sign the Implementing Agreement for the
Clark Springs Water Supply System Habitat Conservation Plan with the United States
Fish and Wildlife Service and National Marine Fisheries Service subject to final terms
and conditions acceptable to the City Attorney and Public Works Director. The
motion was SECONDED by Higgins and PASSED 3-0.
Item 3 — Interlocal Agreement with Drainage District No. 1 of King County — 2011
Citywide Large Culvert &Storm Pipe Cleaning:
Environmental Engineer, Toby Hallock, noted that the above referenced project includes
removing sediment, invasive vegetation and refuse from culverts, channels and storm pipes at
10 sites in the Kent Valley. Drainage District No. 1 of King County agreed at their board
meeting in June of 2011 to contribute $100,000 to this project since there is a mutual benefit
to the Drainage District. This benefit includes better drainage and flow of stormwater through
their property in the valley.
Hallock further noted that the Drainage District has contributed $150,000 in the past year
towards two projects; the 2010 Citywide Large Culvert Pipe Cleaning Project and the South
2281h Street Improvements.
Higgins MOVED to recommend Council authorize the Mayor to sign an Interlocal
Agreement between the City of Kent and Drainage District No. 1 of King county for
the City to receive a $100,000 contribution from Drainage District No. 1 toward the
Page 1 of 2
PUBLIC WORKS COMMITTEE
Minutes of Monday, July 18, 2011
cost of the 2011 Citywide Large Culvert and Storm Pipe Cleaning Project 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 4 — Consultant Services Agreement/Rittenhouse Consulting Green River Levees
Certification — State Route 516 to S. 231" Way Levee Project:
Environmental Engineer, Beth Tan noted that as part of the levee certification process, the
engineering consultant has identified areas that need improvements in order to meet
certification standards. Some of the proposed levee improvements are outside of City-owned
property and will require additional property to complete.
The Rittenhouse Contract will provide the City a real estate specialist and negotiator to work
with the public in areas where private property must be obtained by the City to complete the
levee improvements. The consultant has expertise in both state and federal property
acquisition processes.
Harmon moved to recommend Council authorize the Mayor to sign a Consultant
Services Agreement with Rittenhouse Consulting for the Green River Levee
Certification of State Route 516 to S. 231" Way Levee Project in an amount not to
exceed $20,000, subject to final terms and conditions acceptable to the City Attorney
and the Public Works Director. The motion was SECONDED by Higgins and PASSED
3-0.
Item 5 — Information Only/Business Recycling Event — August 11, 2011:
Conservation Coordinator, Gina Hungerford, informed the Committee that there will be a
Business Recycling Event on August 11, 2011. She informed the committee of the types of
items that will be recycled and stated that a small fee is charged for some of the items. A flyer
with a complete list of items accepted at the event will be mailed out in late July, for more
information go to http://www.ci.kent.wa.us/recycling/.
Continuing on the recycling topic, Hungerford reported that, thanks to the efforts of dedicated
employees, City facilities have been designated as a King County "Best Workplace for
Recycling and Waste Reduction" for the third consecutive year. While on the subject of
awards, she invited local businesses to participate in the "Kent Green Business of the Year"
competition. Applications can be found at www.KentRecycles.com. The deadline to apply is
September 15, 2011.
Information Only/No Motion Required
Item 6 — Information Only/2011 Public Works Work Plan — Update:
Public Works Director, Tim LaPorte gave an informative PowerPoint Presentation updating the
Committee on the 2011 Public Works Work Plan
Information Only/No Motion Required
The meeting was adjourned at 5:28 p.m.
Cheryl Viseth,
Public Works Secretary
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION