HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/06/2011 CITY OF KENT
AgendaCity Council Meeting
September 6, 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 September 6, 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
**********************************************************************
SPECIAL COUNCIL WORKSHOP AGENDA
5:00 p.m.
Item Description Speaker Time
1. Transportation Master Plan Citizen Committee 90 minutes
**********************************************************************
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. Poetry Reading by Ramsey Arteaga
5. PUBLIC HEARINGS
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
C. Excused Absences for Council Members Ranniger and Raplee - Approve
D. First Public Hearing on 2012 Budget - Set Date
E. First Public Hearing on 2012-2017 Capital Improvement Plan - Set Date
F. Enhancement Proposal with Tiburon, Inc. - Authorize
G. Regional Affordable Housing Program Agreement - Authorize
H. Heating, Ventilation and Air Conditioning Support Services Contract -
Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
I. National Recreation and Park Association Grant — Accept
J. Puget Sound Energy Easement — Authorize
K. Central Avenue S. Sidewalk Replacement & Storm Water Forcemain
Contract - Authorize
L. Commute Trip Reduction Grant Agreement — Authorize
M. Applebee's Bill of Sale — Accept
N. James Street UPRR Non-Motorized Improvements — Accept as Complete
O. KaBOOM Community Partner Playground Contract — Authorize
P. Excused Absence for Council President Perry — Approve
Q. ShoWare Marquee — Accept as Complete
S. OTHER BUSINESS
9. BIDS
A. Kent Municipal Court Re-Roofing — Award
B. North Park Storm Drainage Improvements, 5th Avenue N. to 4th
Avenue N. — Award
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office and the Kent Regional Library. The Agenda Summary page and
complete packet are on the City of Kent web site at www.choosekent.com
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP
1) Transportation Master Plan
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) From Council, Administration, or Staff
B) From the Public
PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
C) Poetry Reading by Ramsey Arteaga
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 Q.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of August 16, 2011.
7B. Approval of Bills.
Approval of payment of the bills received through July 15 and paid on July 15
after auditing by the Operations Committee on August 16, 2011.
Approval of checks issued for vouchers:
Date Check Numbers Amount
7/15/11 Wire Transfers 4682-4699 $1,779,536.74
7/15/11 Regular Checks 654987-655357 1,414,875.28
Void Checks 655015 (514.00)
7/15/11 Use Tax Payable 1,281.61
$3,195,179.63
Approval of payment of the bills received through July 31 and paid on July 31
after auditing by the Operations Committee on August 16, 2011.
Approval of checks issued for vouchers:
Date Check Numbers Amount
7/31/11 Wire Transfers 4700-4717 $1,684,189.65
7/31/11 Regular Checks 655358-655784 5,150,846.89
Void Checks 655743 (121.80)
7/31/11 Use Tax Payable 2,232.87
$6,837,147.61
7B. Approval of Bills.
Approval of checks issued for payroll for July 1 through July 15 and paid on
July 20, 2011:
Date Check Numbers Amount
7/20/11 Checks 323949-324176 $ 192,737.33
Voids & Reissues 323946,323947,323948 0.00
7/20/11 Advices 285679-286339 1,286,685.80
$1,479,423.13
Approval of checks issued for payroll for July 16 through July 31 and paid on
August 5, 2011:
Date Check Numbers Amount
8/5/11 Checks 324177-324372 $ 183,453.86
8/5/11 Advices 286340-287000 1,291,349.99
$1,474,803.85
y RCN i Kent City Council Meeting
August 16, 2011
The special meeting of the Kent City Council was called to order at 5:00 p.m. by
Mayor Pro Tem Perry. Council members present: Albertson, Harmon, Higgins, and
Thomas. (CFN-198) Council members Ranniger and Raplee were not in attendance.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) No changes were made to the
agenda.
B. From the Public. (CFN-198) Public Comment Items A, B and C were added at
the request of audience members.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) Higgins announced that Kent resident Adam
Vesperman is currently starring in a production of"Billy Elliott" at the Victoria Palace
Theatre in London.
B. Community Events. (CFN-198) Harmon announced that a demonstration
relating to railroad quiet zones will be held at Titus Railroad Park at 4:00 p.m. on
August 18, 2011. Higgins announced upcoming events at ShoWare Center.
PUBLIC COMMENT
A. Garage Sale Regulations. (CFN-131) Tim Hines, 22903 105th Avenue SE,
Kent, voiced concern about a loophole in regulations relating to garage sales, yard
sales, the collection of donations, and the giving away of free items. He asked how to
get all such events uniformly regulated, and Perry agreed to follow up on the issue.
B. Parking at Lake Meridian. (CFN-118) Christen Miller, 14323 SE 357th, Kent,
pointed out that parking near the lake has been difficult and said that at least 50
parking places were recently taken away when No Parking signs were put up. She
voiced concern for pedestrians who must therefore park as far away as a mile, and
requested that the No Parking signs be removed. Parks and Community Services
Director Watling noted that an Army Corp of Engineers project is currently underway
which impacts parking, and said that a trail linking the Soos Creek Trail with the park
may be gained in the future, which would provide safer access.
C. Sign Regulations. (CFN-131) Diana Gursley, 25434 144th Place SE, Kent,
owner of a small business, said her signs disappear regularly and are expensive to
replace. She asked about sign regulations, and Hodgson agreed to follow up. Upon
Gursley's comment about election signs, the City Attorney clarified that the city has
very little regulatory authority over political signs.
CONSENT CALENDAR
Thomas moved to approve Consent Calendar Items A through H. Harmon seconded
and the motion carried.
1
Kent City Council Minutes August 16, 2011
A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of
August 2, 2011, were approved.
B. Approval of Bills. (CFN-104) Bills were not available for approval.
C. Consultant Contract for Horseshoe Bend Secondary Levee. (CFN-1318) The
Mayor was authorized 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.
D. 640 Zone Reservoir Mural Design. (CFN-1310) The mural rendering was
approved and Public Works was authorized 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.
E. Puget Sound Energy Easements. (CFN-1038) The Mayor was authorized to
sign an easement allowing Puget Sound Energy to place overhead facilities on city
property at the Pacific Gateway Stormwater Detention pond, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
F. Police Services Agreement with Kent School District. (CFN-122) The Mayor
was authorized to sign the Police Services Agreement with the Kent School District
and establish a budget in accordance with the grant agreement.
G. Washington Traffic Safety Commission Grant. (CFN-122) The additional
funds in the amount of $1,500 from the Washington Traffic Safety Commission was
accepted and amendment of the budget in accordance with the grant agreement was
authorized.
H. Washington Auto Theft Prevention Authority Grant. (CFN-122) The
Washington Auto Theft Prevention Authority grant award in the amount of $1,600,000
was accepted and expenditure of the funds in accordance with the grant terms was
authorized.
BIDS
A. Upper Johnson Creek Restoration. (CFN-1297) Public Works Director LaPorte
explained that this project is being funded by a developer and recommended award to
the low bidder. Harmon moved to award the Upper Johnson Creek Renovation Phase
II project to Restoration Logistics, LLC, in the amount of $59,903.55, 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. Mill Creek Earthworks Park Restoration. (CFN-118) Parks and Community
Services Director Watling explained the project and noted that it will provide needed
restoration work at Earthworks Park and that grant funds awarded last year will cover
approximately half of the cost. He said the main scope of the project is drainage
improvements, and estimated completion by the end of October.
2
Kent City Council Minutes August 16, 2011
Albertson moved to award the Mill Creek Earthworks Park Renovation project to Mike
McClung Construction Co., Inc., in the amount of $145,175, and to authorize the
Mayor to sign all necessary documents, subject to final terms and conditions accept-
able to the City Attorney. Higgins seconded and the motion carried.
REPORTS
A. Council President. (CFN-198) No report was given.
B. Mayor. (CFN-198) No report was given.
C. Administration. (CFN-198) No report was given.
D. Economic & Community Development Committee. (CFN-198) No report was
given.
E. Operations Committee. (CFN-198) No report was given.
F. Parks and Human Services Committee. (CFN-198) No report was given.
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) Thomas announced that the 2012 budget
process has begun.
ADJOURNMENT
The meeting adjourned at 5:23 p.m. (CFN-198)
Brenda Jacober, CMC
City Clerk
3
w," Agenda Item: Consent Calendar - 7C
TO: City Council
DATE: September 6, 2011
SUBJECT: Excused Absences for Council Members Ranniger and
Raplee - Approve
MOTION: Approve excused absences for Council Members Ranniger and
Raplee from the August 16, 2011, Council meeting.
SUMMARY:
EXHIBITS: Memos
RECOMMENDED BY:
BUDGET IMPACTS: None
City Council
Jamie Perry, Council President
�. Phone: 253-856-5712
K A�T Fax: 253-856-6712
WASH 1 N G T O N Address: 220 Fourth Avenue S.
Kent,WA. 98032-5895
MEMORANDUM
TO: Suzette Cooke, Mayor
City Councilmembers
FROM: Debbie Raplee, Councilmember
DATE: August 16, 2011
SUBJECT: City Council Excused Absence
I would like to request an excused absence from the August 16, 2011 City
Council meeting. I will be unable to attend.
Thank you for your consideration.
Debbie Raplee
Councilmember
nc
City Council
Jamie Perry, Council President
® Phone: 253-856-5712
Fax: 253-856-6712
WASHINGTONKENT
Address: 220 Fourth Avenue S.
Kent,WA.98032-5895
MEMORANDUM
TO: Suzette Cooke, Mayor
City Councilmembers
FROM: Debbie Ranniger, Councilmember
DATE: August 16, 2011
SUBJECT: City Council Excused Absence
I would like to request an excused absence from the August 16, 2011 City
Council meeting. I will be unable to attend.
Thank you for your consideration.
Debbie Ranniger
Councilmember
nc
w," Agenda Item: Consent Calendar - 7D
TO: City Council
DATE: September 6, 2011
SUBJECT: First Public Hearing on 2012 Budget - Set Date
MOTION: Set September 20, 2011, for the first public hearing of the 2012
Budget at the regular City Council meeting.
SUMMARY:
EXHIBITS: None
RECOMMENDED BY: Finance Director
BUDGET IMPACTS: None
w," Agenda Item: Consent Calendar - 7E
TO: City Council
DATE: September 6, 2011
SUBJECT: First Public Hearing on 2012-2017 Capital Improvement
Plan - Set Date
MOTION: Set September 20, 2011, for the first public hearing of 2012-2017
Capital Improvement Plan at the regular City Council meeting.
SUMMARY:
EXHIBITS: None
RECOMMENDED BY: Finance Director
BUDGET IMPACTS: None
W," Agenda Item: Consent Calendar - 7F
TO: City Council
DATE: September 6, 2011
SUBJECT: Enhancement Proposal with Tiburon, Inc. - Authorize
MOTION: Authorize the Mayor to sign the Tiburon Systems Enhancement
Proposal and all associated documents for the implementation of the National
Incident Based Reporting System.
SUMMARY: To perform the mandatory conversion from UCR (Universal Crime
Reporting) to NIBRS (National Incident Based Reporting System) in the Tiburon
system as required per WASPC (Washington Association of Sheriffs and Police Chiefs).
EXHIBITS: Scope of Work for UCR to NIBRS Conversion of the Tiburon System
RECOMMENDED BY: Operations Committee 8/16/11
BUDGET IMPACTS: Not to exceed $82,220 goods and services agreement. Funding
for this project was budgeted in the Information Technology Plan as adopted by City
Council and will not impact the general fund.
Ms. Kim Clements
City of Kent
Enhancement Proposal (EP)- 20539A: NIBRS Washington State reporting
Exhibit 1 —Page 1 of 2
Exhibit 1
Statement of Work
Scope Description
Tiburon will enhance the installed NIBRS application to include required items for Washington State
reporting. These enhancements will include new fields, new logging and new validations in RMS and
ARS listed below.
1. Add four(4)new Washington IBRS fields to two(2)forms, tables, etc. to both ARS and RMS
systems.
2. Add new processing for keeping history log.
3. Include Washington IBRS validation and submission changes, including adding new edits for
those new fields.
4. Provide thirty-two (32)hours of onsite training for Code Table/Authorization, ARS Field(s),
Incident Field(s) and NIBRS report assistance.
Tiburon Responsibilities
1) Prepare internal design.
2) Modify the application per the Scope Description.
3) Install the modified code in the client's test environrent.
4) Correct any discrepancies in operation, based on the Scope Description, post client testing.
5) Install the modified code in the client's production environment.
6) Provide eight(8)hours Code Table/Authorization training, one (1)day onsite, maximum of 10
students attending class.
7) Provide four(4)hours ARS Field(s) and four(4)hours Incident Field(s)training, one (1) day onsite,
maximum of 10 students attending class.
8) Provide sixteen(16)hours NIBRS report assistance training, two (2) days onsite, maximum of ten
(10) students attending class.
Client Responsibilities
Ms. Kim Clements
City of Kent
Enhancement Proposal (EP)- 20539A: NIBRS Washington State reporting
Exhibit 1 —Page 2 of 2
1) Designate a person to be the principal point of contact for all technical questions and administrative
arrangements relating to this Enhancement Proposal.
2) Provide VPN access to the Tiburon development personnel.
3) Test the code for conformance with the Scope Description.
4) Provide a suitable training environrent for onsite training staff. Provide a single workstation for each
student for any Tiburon provided training.
5) Ensure that scheduled students are able to attend the courses for their complete duration.
Completion Criteria
This work will be considered complete when the application has been delivered to the production
environment.
KENT Agenda Item: Consent Calendar - 7G
TO: City Council
DATE: September 6, 2011
SUBJECT: Regional Affordable Housing Program Agreement - Authorize
MOTION: Authorize the Mayor to sign the King County Interlocal Agreement
for the Regional Affordable Housing Program, subject to final terms and conditions
acceptable to the City Attorney and Parks Director.
SUMMARY: This Interlocal agreement is for the state-authorized document
recording fees for affordable housing governed by RCW 36.22.178. It is for all cities
and towns in King County, including the City of Seattle. The attached exhibit details
how the funds were expended in the past.
The parties to this agreement have agreed to two updates: 1) the first update is to
move the RAHP Agreement onto the same three year schedule as the HOME
agreements, and to add an automatic renewal clause to the agreement for successive
three year periods, if the parties agree that no changes are needed prior to the
renewal date; 2) the second update is to add a section regarding consortium
coordination in the event of a declared disaster or emergency that displaces
consortium residents from housing. Any cities that did not sign a RAHP Agreement for
2007 - 2011 will have the opportunity to sign the updated agreement this year.
EXHIBITS: Interlocal Agreement, Capital Allocations & O&M Allocations
RECOMMENDED BY: Parks and Human Services Committee
BUDGET IMPACTS: None
REGIONAL AFFORDABLE HOUSING PROGRAM
INTERLOCAL COOPERATION AGREEMENT
An Agreement for the use of SHB 2060 Local Low Income
Housing Funds in King County
THIS AGREEMENT is entered into between King County, a municipal corporation and
political subdivision of the State of Washington, hereinafter referred to as the "county", and the
City of hereinafter referred to as the "city", said parties to
the Agreement each being a unit of general local government of the State of Washington.
RECITALS
WHEREAS, the King County Countywide Planning Policies, hereinafter referred to as
the "CPPs", developed pursuant to the Washington State Growth Management Act, have
established standards for cities to plan for their share of regional growth and affordable housing;
and
WHEREAS, to implement the CPPs, the King County Growth Management Planning
Council appointed a public-private Housing Finance Task Force in 1994, hereinafter referred to
as the "HFTF," to recommend potential fund sources for affordable housing for existing low
income residents and for meeting the affordable housing targets for future growth; and
WHEREAS the HFTF recommended a document recording fee as a source of regional
dollars for low-income housing development and support, and recommended that representatives
of the county, cities and the housing community work together to make decisions about the use
and administration of such a fiord; and
WHEREAS RCW 36,22.178 provides, in pertinent part,that:
. . . [A] surcharge of ten dollars per instrument shall be charged by
the county auditor for each real property document recorded, which will be
in addition to any other charge authorized by law. The county may retain up
to five percent of these funds collected solely for the collection,
administration and local distribution of the funds. Of the remaining funds,
forty percent of the revenue generated through this surcharge will be
transmitted monthly to the state treasurer . . .
All of the remaining funds generated by this surcharge will be
retained by the comity and deposited into a fund that must be used by the
county and its cities and towns for eligible housing projects or units within
housing projects that are affordable to very lour-income households at or
below fifty percent of the area median income. The portion of the surcharge
retained by a county shall be allocated pursuant to eligible housing projects
or units within such housing projects that serve extremely low and very low
income households in the county and cities within the county, according to
KAHP rnterloaal Agreement I ur 19 2012-2014
an interlocal agreement between the county and the cities within the county,
consistent with countywide and local housing needs and policies ... [and in
accordance with the eligible activities listed in the RCW 36.22.178].
and
WHEREAS, existing Interlocal Cooperation Agreements or Joint Agreements between
the county and cities in the King County Community Development Block Grant Consortium,
hereinafter refereed to as the "CDBG Consortium Agreements," and/or existing Interlocal
Cooperation Agreements between the county and cities in the King County HOME Investment
Partnerships Program Consortium, hereinafter referred to as the "HOME Consortium
Agreements," are not modified by this Regional Affordable Housing Program Agreement; and
WHEREAS, the city and county agree that affordable housing is a regional issue, that
cooperation between the cities and the county is beneficial to the region, and that a regional
approach to utilizing the RCW 36.22.178 funds will allow those funds to be used in the most
productive manner; and
WHEREAS, it is mutually beneficial and desirable to enter into a cooperative agreement
in order to administer the RCW 36.22.178 revenue as a regional fund, as authorized by the
Intergovernmental Cooperation Act, RCW 39.34, and, as required by RCW 36.22.178 ;
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING
CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
I. Definitions and Interpretation.
Capitalized terms used herein shall have the following meanings unless the context in
which they are used clearly requires otherwise.
i
"Joint Recommendations Committee" or "JRC" means the interjurisdictional body
developed pursuant to and the CDBG and HOME Consortia Agreements as described in
Section III of this Agreement.
"Interjurisdictional Advisory Committee" or "Advisory Committee"means the work
group consisting of representatives from cities eligible to participate in the Regional
Affordable Housing Program, and from the county. This group is advisory to the JRC.
"RAHP/2060 Planning Group" means the plaiming group consisting of representatives
from the cities, from the county, and from housing and human services agencies serving
King County, that will convene during the year the Regional Affordable Housing
Program Guidelines expire to review the program and the guidelines and to recommend
any changes or updates to the guidelines to the JRC.
H. General Agreement
The purpose of this Agreement is to establish the Regional Affordable Housing Program
("RA14P"), to be administered by the county in cooperation with cities and towns within
RAHP Interlocal Agreement 2 of 19 2012-2014
the county that are eligible to participate in the program. The local portion of RCW
36.22.178 revenue shall be administered as a regional fund by the King County Housing
and Community Development Program in a manner that is consistent with countywide
and local housing needs and policies. The city and the county agree to cooperate in
undertaking RAHP activities as set forth herein.
I11. Administration,Distribution and Use of the RAHP.
A. Joint Recommendations Committee
I
An inter-jurisdictional Joint Recommendations Committee (JRC)has been established
through the CDBG and HOME Consortia Interlocal Cooperation Agreements and is
hereby adopted as part of this Agreement. Changes to the JRC that occur in the
CDBG and HOME Consortia Interlocal Agreements are incorporated by reference
into this Agreement.
I. Composition of the JRC. For RAHP purposes, the JRC shall be composed of
cities' representatives and county representatives as specified in the CDBG and
HOME Consortia Agreements, with the addition of an appointment from the City
of Seattle. The Seattle JRC representative will only attend JRC meetings that
concern the RAHP funds and will be entitled to vote solely on RAHP issues and
not on other King County Consortium matters coming before the JRC. The Seattle
representative shall be an elected official, department director or comparable level
staff.
2. Powers and Duties of the JRC. The JRC shall be empowered to:
a. Review and adopt annual RAHP fund allocations.
b. Review and adopt RAHP allocation policies.
C. Review and adopt any subsequent updates to the RAHP Administrative
Guidelines, as needed (the most recent version of the RAHP
Administrative Guidelines are attached to this Agreement as Exhibit 1 for
illustrative purposes). A jurisdiction that is party to this Agreement may
dispute a JRC decision concerning the RAHP Guidelines by informing the
JRC Chair of the dispute, and the JRC Chair will schedule time on the
JRC agenda to discuss and resolve the disputed issue. In carrying out its
duties, the JRC shall make decisions that are consistent with the RCW
36.22.178, the Consolidated Housing and Community Development Plan
of the King County Consortium and the City of Seattle, the Ten Year Plan
to End Homelessness in King County and other local housing plans, as
applicable.
3. Interiurisdictional Advisory Committee to the JRC. In fulfilling its duties under
this Agreement, the JRC shall consider the advice of an Advisory Committee,
made up of representatives from those jurisdictions eligible to participate in the
RAHP Interlocal Agreement 3 0£19 2012-2014
RAHP that choose to send representation. The Advisory Committee will meet at
p Y
least once per year with county staff to recommend projects for RAHP funding to
the JRC and may monitor the distribution of RAHP funds to the sub-regions and
make recommendations to the JRC concerning actions to achieve geographic
equity. If the Advisory Committee considers issues other than the RAHP,the staff
from the City of Seattle shall only participate for the purpose of making RAHP
recommendations.
B. Administration of RAHP Programs, The King County Housing and Community
Development Program (HCD) staff shall distribute RAIIP funds pursuant to the
allocations adopted annually by the JRC, and shall administer the program pursuant
to the terms of this Agreement and the RAHP Administrative Guidelines.
County HCD staff shall provide the JRC and the Advisory Committee with an annual
report that provides information about the capital housing projects that were awarded
RAHP funds in that year, as well as the status of capital housing projects that were
awarded RAHP funds in a prior yeat-(s).
County HCD staff shall invite the representatives of cities that are a party to this
Agreement to be involved in any work groups convened to update the RAHP
i
Operations and Maintenance (O&M) Fund policies, and to be on the review panel
that will recommend O&M funding awards to the JRC.
C. Administrative Costs. The county agrees to pay the costs of administering the RAHP
out of the five percent (5%) of the funds collected by the county for expenses related
to collection, administration and local distribution of the funds, pursuant to RCW
36.22.178. No portion of the sixty percent (60%) of the RCW 36.22,178 revenue
retained by the county in a fiord for the RAHP shall be utilized for RAHP
administration.
D. Interest on the RAHP Fund. Interest accrued on the sixty percent(60%) of the RCW
36.22.178 revenue retained by the county in a fund for the RAHP shall remain with
the RAHP fund and will be distributed to projects according to the subregional
allocation target fonmula found in the RAHP Administrative Guidelines.
E. Sub-Regional Geographic Equity. The parties intend that the RAIIP funds shall be
awarded to projects throughout the county in a fair and equitable manner over the
duration of this Agreement. Equity is to be achieved through sub-regional allocation
targets, as follows: A fixed percentage of RAHP local funds will be allocated to each
sub-region of the county identified in the RAIIP Administrative Guidelines by the
expiration of this Agreement. The percentage goals for each sub-region set by the
formula in the RAHP Administrative Guidelines shall by updated by the JRC when
new data is available.
F. General Use of Funds. The local portion of the RCW 36.22.178 revenue shall be
utilized to meet regional housing priorities for households at or below fifty percent
(50%) of area median income, as established in the RAHP Administrative Guidelines.
RAHP Interlocal AgreemenL 4 of 19 2012-2014
G. Compliance with Fair Housing Laws. Parties to this Agreement must take actions
necessary to ensure compliance with the Federal Fair Housing Act, as amended, the
Americans with Disabilities Act of 1990, and other applicable state and local fair
housing laws.
IV. Effective Date
This Agreement shall be effective on January 1, 2012.
V. Agreement Duration
A. This Agreement shall extend for a three-year period, through the 2012, 2013 and
2014 calendar years, and shall remain in effect until the RAHP funds allocated in this
three-year period, including any recaptured funds received with respect to activities
funded during this three-year period, are expended, and the funded activities
completed.
B. Renewal. In the final year of the three-year Agreement period, the county will initiate
a review of the Agreement no later than March 1st, through an invitation to all eligible
cities in the county, to determine whether a majority of cities favor automatic renewal
without amendment for a successive three-year period, or whether there are potential
amendments. This Agreement shall be automatically renewed for participation in a
successive three-year Agreement period, unless the city official empowered to sign
the Agreement provides written notice to the county that it elects not to participate in
a new three-year Agreement period, or that it wishes to amend the Agreement,by the
date set forth by the County in a letter to the city following the review process.
VI. General Matters and Recording
A. No separate legal or administrative entity is created by this Agreement. It is not
anticipated that the JRC,the Advisory Committee, nor the RAHP/2060 Planning
Group will acquire or to hold any real or personal property pursuant to this
Agreement. Any personal property utilized in the normal course of the work of
such bodies shall remain the property of the person, entity or city initially offering
such personal property for the use of any such body.
B. The county may terminate this Agreement if at least forty percent (40%) of the
jurisdictions in the county representing seventy-five percent (75%) of the
population of the county have not signed this Agreement by February 1, 2012,
and by February 1st of the first year of successive three-year periods.
C. The parties to this agreement agree to convene the King County RAHP
Consortium as rapidly as possible after a proclamation of a state of emergency by
the King County Executive or when the King County Emergency Coordination
Center activates Emergency Services Function 6 (ESF-6), which provides for
mass care, emergency assistance, housing and human services. The RAHP
Consortium will be convened through a meeting of the Joint Recommendations
RAHP Inteilooal Agreement 5 of 19 2012-2014 �i
Committee (JRC) and any representatives of Consortium Cities that desire to
attend. The meeting will be convened after the county has been able to gather
adequate information regarding housing displacement and potential interim
housing needs as a result of the emergency. The purpose of the JRC meeting will
be to review the Post-Disaster Interim Housing Annex to the King County
Comprehensive Emergency Management Plan, and other available information
regarding the emergency, and to begin the process to acquire all federal, state,
private or other disaster funding assistance for housing and related needs
available to the Consortium. The JRC will also begin the process to determine if
the Consortium can commit any RAHP Consortium funds or other Consortium
funds (CDBG, Disaster CDBG, HOME or other federal finds that may be
available to the King County Consortium through the U.S. Department of
Housing and Urban Development) for disaster interim housing efforts.
i
i
R A HP Into Local A gmemcnt 6 of 19 2012-2014 'i
D. Recording - Pursuant to RCW 39.34.040, this Agreement shall be filed with King
County Records.
KING COUNTY, WASHINGTON CITY OF
For King County Executive By: Signature
Jackie MacLean, Director
Printed Name Printed Name
Department of Community and Human Services
Title
Date Date
Approved as to Form: Approved as to Form:
OFFICE OF THE KING COUNTY CITY OF
PROSECUTING ATTORNEY CITY ATTORNEY
Michael
c ael Smsky, King County Senior Deputy City Attorney
Prosecuting Attorney
ATTEST:
CITY OF
City Clerk
RAIIP Interlocal Agreement 7 or 19 2012-20t4 ��I
EXHIBIT 1
King County Regional Affordable Housing Program
Administrative Guidelines
I. Introduction
The provisions of Substitute House Bill (SHB) 2060 became effective in Washington
i
State on June 13, 2002,
SHB 2060 created a document recording fee on certain documents to be utilized for low
income housing. Administration of the fund is shared between local governments and the State.
The local portion of SHB 2060 fiords is to be administered pursuant to a cooperative agreement
between the county and the cities and towns within King County.
The work of the Housing Finance Task Force (HFTF), appointed by the King County
Growth Management Planning Council in 1994, led to the passage of SHB 2060. In recognition
of the recommendations made by the HFTF, a Regional Affordable Housing Program
(RAHP)/2060 Planning Group convenes to plan for the use of King County SHB 2060 funds.
The King County RAHP/2060 Planning Group' is made up of city representatives, county
representatives, and representatives from a variety of private housing and services organizations
in King County.
r City representatives have included staff from the cities of: Burien,Tukwila,Kent,Federal Way, Redmond,
Kirkland,Issaquah, Shoreline, Covington, Seatac,Auburn, Seattle,Bellevue and ARCH
Housing and services organization representatives included staff from the following: Seattle-King County Housing
Development Consortium,Impact Capital, South King County Multi-Service Ccntcr, Hopclink,Fremont Public
Association, Seattle Habitat for Humanity, South King County Habitat for Humanity,Friends of Youth,the
Salvation Army, Community Psychiatric Clinic,Lifelong Aids Alliance, St.Andrews Housing Group,IIousing
Resource Group, EDVP,YWCA,Mental IIealth Housing Foundation,Rental Housing Association, Highline-Nest
Mental Health,Valley Cities Counseling, Seattle Hmergency Housing Service, Common Ground, and Vietnam
Veterans. Leadership Program,Compass Center,Catholic Conununity Services,the King County Housing
Authority, Seattle Mental Health,and the Conunittee to End IIomelessness
RAHP Interlocal Agreement 9 of 19 2012-2014
The King County RAHP/2060 Planning Group has designed a regional low income
housing fund source, to be administered by the King County Housing and Community
Development Program (HCD) in the Department of Community and Human Services.
Il. Duration of the Guidelines
The RAHP Guidelines shall take effect on January 1, 2007, and shall remain in effect
until updated through the interjurisdictional Joint Recommendations Committee (JRC).
111. Review and Update of the Guidelines
Beginning in 2010, the Guidelines may be updated through the JRC pursuant to the
RAHP lnterlocal Cooperation Agreement, hereinafter"RAHP Agreement", as needed. The
RAHP/2060 Planning Group will be convened to recommend any proposed changes to the
Guidelines for presentation to the JRC for adoption.
I
IV. Decision-Making Structure and Regional Allocation Method
A. Approving Body—Joint Recommendations Committee.
The JRC, as defined in the RAHP Agreement, shall be the body that reviews and updates
the RAHP Guidelines beginning in 2010, and reviews and adopts annual RAHP funding
allocations and related allocation policies. The JRC will be expanded, pursuant to the RAHP
Agreement, to include representation from the City of Seattle on RAHP matters.
Allocations and related policies adopted by the JRC must be consistent with these RAHP
Guidelines, the Consolidated Plans of the King County Consortium and the City of Seattle, other
local housing plans, as applicable, and the Ten Year Plan to End Homelessness in King County.
1. Appeal Process for JRC Decisions
a. Cities—Adoption of Guidelines
RAHP Interlocal Agreement 9 of 19 2012-2014
I
Pursuant to the RAHP Interlocal Agreement, a participating jurisdiction
may appeal a JRC decision concerning the update of RAHP Guidelines. The
jurisdiction must inform the Chair of the JRC, and the JRC chair will schedule
time on the JRC agenda to discuss the appeal issue.
b. Applicants—Annual Fund Allocations
Applicants for RAHP funds may appeal a JRC allocation decision if they
have grounds based on substantial violation of a fair allocation process, such as
bias, discrimination, conflict of interest, or failure to follow the RAHP
Guidelines. Appeals by applicants will receive initial review for adequate
grounds by the Director of the King County DCHS. if adequate grounds for an
appeal are found, the DCHS director will put the appeal on the JRC agenda for
review.
B. Annual Fund Allocation Recommendations
An interjurisdictional advisory committee to the JRC, made up representatives from
participating j urisdictions in the RAHP Consortium, will work with the King County Housing
Finance Program (HFP) staff of King County HCD to make RAHP allocation recommendations
and related program policy recommendations to the JRC. While the advisory committee may
make recommendations concerning several fund sources for affordable housing in the King
County Consortium, the City of Seattle staff will participate on the committee solely for the
purpose of making RAHP recommendations.
The review process for RAHP allocations will proceed as follows:
• King County HCD staff will review all RAHP applications and make preliminary funding
recommendations.
RAHP hiterlocal Agreement 10 of 19 2012-2014
i
I
• Cities' staff will review applications for projects in their jurisdiction and make preliminary
recommendations on those applications.
• Cities' staff will receive information on all RA EIP applications to review prior to the
advisory committee meeting at which final funding recommendations are formulated for
i
transmittal to the JRC.
• Advisory conunittee participants will meet together at least annually to decide upon RAHP
funding recommendations to the JRC, and may meet at other times during the year, as
necessary, to discuss RAHP issues and make recommendations to the JRC.
C. Subregional Allocation Tarim
The RAHP Fund will be a flexible fund that can address regional and subregional
housing needs. The fund will use subregional allocation targets as a means to achieve
geographic equity in the distribution of SHB 2060 funds by the end of each Interlocal
Cooperation Agreement period.
l, Subregional Areas:
a. City of Seattle Subregion
b. North/East Subregion—north and cast urban and rural areas,
including 34 percent of unincorporated King County
C. South Subregion—south urban and rural areas, including 66
percent of unincorporated King County
2. Forrnula for Subregional Allocation Targets
Each subregion will have a targeted percentage of the RAIiP funds, including the
interest on the RAHP funds, allocated to projects within the subregion over the period of
2 Percent of unincorporated King County attributed to the North/Fast and South Subregions is based on the 2000
census data for households in the unincorporated portions of the King County Community Planning Areas, as listed
in the 2002 Annual Growth Report.
RAHP huedocal Agrcemcnt 11 of 19 2012-2014
time that the RAHP Guidelines are in effect. Each subregion will receive allocations to
projects within the subregion that are equal to or greater than 95 percent, of the
subregions' allocation target by the end of each Interlocal Cooperation Agreement
period.
The formula for allocating RAHP funds to the subregions is as follows:
• One half of the RAHP funds shall be targeted for allocation among the three
subregions based on each subregion's relative share of total existing need for
affordable housing. Existing need shall be determined by the percentage of low-
income households paying more than 30 percent of their income for housing in the
subregion, according to the 2000 U.S. Census data.
• One half of the RAHP funds shall be targeted for allocation amongst the three
subregions based on the subregions' growth targets for future need, as established
through the Growth Management Planning Council. Future need shall be determined
by the subregions' relative share of total future need for affordable housing in the
County. A subregion's relative share of future need is the percentage of the
subregion's affordable housing target for low-income households relative to the
cumulative affordable housing target for low-income households of all jurisdictions
in the county, including unincorporated King County3. Based upon the RAHP
formula, the sub-regional allocation targets are as follows:
City of Seattle: 37.9 percent
South: 32.7 percent
The percentage of a subregion's target relative to the cumulative target is derived by averaging the target
percentages of the jurisdictions within that subregion. For each jurisdiction,the target percentage is calculated in
the following manner: the number of households that a jurisdiction must anticipate,per the 2002-2022 Countywide
Planning Policy(CPP) Growth Target, is multiplied by.24 or.20 (depending on the ratio of low wage jobs to low
RAHP Interlocal Agreement 12 of 19 2012-2014
I
North/East: 29.4 percent j
3. Interjurisdietional Advisory Committee to Monitor Subregional Allocation
Taraets
The advisory conur ittee will monitor the Subregional distribution of RAHP funds
every year, determining if any subregion(s)received allocations below 95 percent of the
subregion's allocation target.
If any subregion received allocations under 95 percent of the target allocation
after several finding cycles, the HCD staff will work with the advisory committee to
adjust the allocation targets of such subregion(s) in the subsequent funding cycles, as
needed. In addition, the advisory committee may propose strategies and actions, for
review by the JRC, that are designed to increase the percentage of RAHP funds spent in
those subregion(s). Staff of the jurisdictions that are parties to the RAHP Agreement will
assist in implementing actions that will aid in achieving geographic equity in RAHP
allocations by the end of each Interlocal Cooperation Agreement period.
V. Use of the RAHP Funds in King County
A. RAIIP Priorities
1. Top Priority:
Y Capital funds for the acquisition,rehabilitation and/or new construction of
units of eligible housing types. New construction is not eligible if the
low-income housing vacancy rate for all of Ring County exceeds 10
percene.
2. Second Priority:
cost housing for the jurisdiction in Appendix 3 of the Ups):that number is divided by the cummulative affordable
housing target for low income households of all King Countyjurisdictions,including unincorporated King County.
RAHP L tedocal Agreement 13 of 19 2012-2014
• Operations & Maintenance ("O&M") fund program for existing homeless
housings. This program provides O&M funding for existing transitional
housing and transition in place units. The housing units must be eligible
for the Washington State Housing Trust Fund, and must show that they
require RAHP O&M funds in order to cover ongoing building operating
expenses.
3. Third Priority:
• O&M funds for existing emergency shelters and licensed overnight youth
shelters.
4. Last priority;
• Rental assistance vouchers to be administered by a local housing authority
i
in conformity with the Section 8 program.
B. RAHP Eligibility
i
1. Eligible Housing Types
a. Capital Funds
i
• Permanent rental housing units
• Transition in place and transitional housing units; units that are not
time-limited are encouraged.
• Emergency shelter and licensed overnight youth shelter8
• Ownership housing
The low income housing vacancy rate for each county will be established by the state,pursuant to the SHB 2060 legislation.
s The O&M find for the guidelines is set at approximately 22 percent of$3,222,000(the average of the RAHP collections in
2004 and 2005),which is$700,000 per year for the four year period of the guidelines.
Nxisting housing is defined as housing that exists as of the date of an application for RAHP funds. '.
''transition in place units are permanent rental units where supportive services are provided for a period of time,as needed by a
household. Households do not need to move when the supportive services are phased out.
a RANT fiords are limited to 50 percent of the development cost of any project;consequently,if a shelter project cannot secure
adequate funding for the entire cost of development,the RAHP cannot prioritize the project. -
RAI1P Interlocal Agreement 14 of 19 2012-2014
i
11'
I
b. O&M Fluids:
9 Existing transitional and transition in place housing units
• Existing emergency shelters and licensed overnight youth shelters
2. Eligible Populations Served by Housing Units
• All units funded with RAHP funds must serve households at or below 50
percent of area median income. Projects that include units for households
at or below 30 percent of area median income are encouraged.
• Homeless households9, including youth,
i Households at risk of homelessness.10
• Disabled households or households with a disabled member.
i Families.
• Special needs populations, including seniors.
3. Eligible Applicants
• Nonprofit organizations
Y Housing Authorities
i Local governments
o For-profit entities are only eligible for capital funds in the top priority.
II
This is due to the language of the SHB 2060 legislation, which restricts
building operations and maintenance funds to projects "eligible for the
v Homeless households include:households that lack a fixed,regular and adequate residence;households that reside in a publicly
or privately operated shelter designed to provide temporary living acconmrodations;households that reside in time-limited
housing; and households that currently reside in an institution and will be exiling the institution without axed, regular and
adequate residence.
10 Households at risk ofhomelessness include:households paying 50 percent or more of their income for rent,households that
have a history of homelessness and are currently unstable,households living in overcrowded or substandard housing,households
that are substantially behind on their monthly housing payment or have a pending eviction,households with a disability whose
housing is at risk due to aging relatives or other factors.
RAHP Interlooal Agreement 15 of 19 2012-2014
Washington State Housing Trust Fund." For-profit entities are not eligible
for the Washington State Housing Trust Fund,
4. Eligible use of RAHP Funds by Priority
a. Capital funds:
• Acquisition of land for eligible housing.
• New construction of eligible housing.
• Acquisition ofbuilding(s) for eligible housing.
• Rehabilitation of units of eligible housing or to create new units of
eligible housing.
• Capitalization of a replacement reserve in connection with a
capital investment for new or existing eligible housing units.
• Capitalization of O&M rent buy-down reserves for new eligible
housing units to serve households below 50 percent of AMI that
are primarily homeless11, or at risk of homelessness12. Capitalized
O&M reserves may only be used to write down rents to very
affordable rent levels, below 30 percent of AMI and below 50
percent of AMI (i.e. between 30 percent and 50 percent of AMI)
for units that do not have debt service. Capitalized O&M reserves
must be used for expenses directly related to running the building
and may not be used for services to the tenants or to cover debt
See Note 6.
12 See Note 7.
PAHP Interlocal Agreement 16 of 19 2012-2014
service"'. This eligible use may not exceed 20 percent of the
RAIIP capital funds in any funding cycle.
b. O&M Funds:
• Existing transition in place or transitional housing units are eligible
for O&M for ongoing building operations and maintenance
expenses that cannot be covered by the rental income of the
project, and may not include the cost of services to tenants or debt
service.
• Existing emergency shelters and licensed, overnight youth shelters
are eligible for O&M for general operating expenses, including
services.
C. Vouchers:
• Rental assistance vouchers must be administered by a local
housing authority in conformity with the Section S program.
I
VI. RAHP Administration
The RAHP funds shall be administered as a regional fund by the King County HCD
Program,
A. RAHP Capital Funds
II
"Other requirements for capitalized 0&M reserves include; 1)projects will not be eligible for these funds unless they have
either applied first to CTFD for O&M and been denied,or have not received Housing Trust Fetid capital dollars and are,
therefore,not eligible for O&M from C'1'FD;2)funds will be awarded only in appropriate amounts as neede,d piu•suant to review
by the IIousing Finance Program,and will be subject to negotiated modifications;and 3)capitalized reserves will be committed
for a maximmn of five years'rent buy-down subsidy.
RAHP lnterloaal Agreement 17 of 19 2012-2014
RAHP capital funds, including capitalized O&M reserves for new projects and
maintenance reserves, will be administered by HFP in conjunction with other fund sources
administered by HFP.
The HFP will staff the interjurisdictionai advisory committee and will work with the
committee to develop RAHP funding allocation recommendations and related policy
recommendations for JRC review and adoption.
The HFP will distribute RAHP funds through contracts pursuant to the allocations
adopted by the JRC, and will generate an annual RAHP report that provides information about
the projects that received finding in the current year, as well as the status of projects awarded
RAHP funds in prior year(s).
The terms of the King County Housing Opportunity Fund (HOF) will apply to RAHP
contracts, with the exception of the following:
• To the extent that there are differences between the HOF guidelines and RAHP
guidelines, the RAHP guidelines will apply.
• A financial match by the local government where a housing project is to be
located is not required, but is encouraged.
• RAHP funds will have no maximum subsidy per unit, but the development
portion of the award (not including O&M rent buy-down reserves) will be limited
to 50 percent of the total development cost of a project.
B. RAIIP Operating and Maintenance Funds
I
i
The RAIIP O&M funds will be administered through the King County HCD Program's
i
Homeless Housing Programs (FH3P) Section.
RAHP OIIcdocal Agrccmcnt 18 of19 2012-2014
The priority for RAHP O&M fiords is existing projects that have been unsuccessful in
receiving State 2060 O&M funds or ESAP funds.
HHP will work with the Committee to End Homelessness to ensure that the uses of
RAHP O&M funds are consistent with the priorities of the Ten Year Plan to End Homelessness.
HHP will invite city staff and other stakeholders to participate in updating the RIP
parameters for O&M funds, if and when updates are necessary, and will invite the same to
participate on the panel to review applications for the RAHP O&M funds. The review panel will
recommend O&M fund awards to the JRC for final adoption.
RAI-IP Inlerlocal Agreement 19 of 19 2012-2014
Page 26
RAHP Funds:Project allocations and sub-regional distribution 2003-present
i
Subregion —iE323%
Northeast Seattle
200J-2006 Funtls:sebryfter"areca— 28.3XFoelus goal 869,000 1,1LOS0o
Pmposetl2003allocation tA33,580percenage 43A% 394%
Fai20o4 gnt lO me6l inla local WrO<Is b6B,8n6 2.Ofi9,]2
Pmp05etl 2004 a1loce ian 2,146.112 1,624,t40
ACualaubreBgnal 11 afeas 434% UdSc
Fall 200S goal In me.h..,I...I.,data 1r]9Atl]
Pmposetl 2005 allocation 1,11S,BRB -
2005 AHA-Holden Family Housing 6IOp00 6)0,00o
OESC-Ralnler Housing 1,JSJ,7e> 1,JSJA3]
Roh.1 Rebeb P,og,am reaces
AriFUA.M1.maIA.1A thlirt 25.P5 29.5%
Fuel percentage,for 20032006 31.9% 199% 39.0%
II I
Subregion —+ South NorthlEast Seattle
2007-2011 Ponds:Subeegionel targets 32.7% 29A% 31.9%
11,at(l..Ad.M laraela aal 2C0]a[luals) 544,765 649°40 I,G95,026
Actual 2006allOWtion:$4,81 1,382,500 e24376 1,980,0gg
De.-F„ Iff P.,a. ".ah".ee
FFC-FFC Lom ma rely fbmee z30 Wn
MSMH-Beher retire Resldonxs rich.1
SG Thane,Hoatlnp Gmup-C,aup rk lie ee4.315
F2112006 HAA9 for Humanity-HUD Home e0fianifins ,0oo
round 1-1,11m Hw,anily-T"r Home a0
(200] oFse-Ralmernmraure(ame,rmrer) Rearmo
hinds) Ca.....she". YWSG646 t.6,oce
mall.-camp chars as
OP KH cal R/sluae(em'arree) 212.60h
He EIYIIw Mrnm,Ily. kafen.e1110'at 5c0,8o0
Rssern "a""'
Far." 160,009
Actual subragional P<,aenlage(vwr I.IOMIU 3J.ag 10.OY 461Y.
Fall 2007 goal(based on l"Alarlclsl 1,253,91] 1,294,:9e 1,260,656
Actual adjusted 2007 allocallon:51.B90 6T1 906 271 985410
Fa112001 CCs-Vel,WSp,SHoustng(Wara's Nllagd) ear..
(unding Com,zs CV-Renton Reylcnal Veterans Hoc¢ing 21e,950
Ynd a1H.-....r....fe [FrAH,u cP d
(2008
had.) ONOA-Shnglh of Flan,Village- V,"'a,.Tlrei
MA SeNm TOO gyect 6110,5A1
Actual suCRglonalpero<nfa9e(cunenl RAM..-J ua% We4 48,OS
Fall 2We1-1(leased an lLA.rg I h. . ict T66,Ox i
Aa..12c08a110calam sof$4]5T8 879.uh) 1168188 WU are
YWCA-Fam.NNI'ag¢atl<[aquah.Pha¢e l 6G6.189
HOHR-BIrM C,oak AFanm"m cle".
Hall 2006 Alw-aaunla camana eo.,ola
funding Hu Wnq al U.Lmaeoesa-Henaln0lmr eVuwu
00,W0
sound
(2009 LAT .eazmmwwf(emeremant) n0,
funds) ALA-eradmr Hweo pmemmanl loo,w1
' Twry Home(amenE'nen) 10o 00a
ti.M,.<r tam-11,Cato hairrtsndmenl)
Aeluafsuhrepi0nal pemenhge(curtonl/IA m deal a?- 2Y3Y. 39.6%
.112L09 VToal(ba sea on ILA What.)
Ac1ua12089 a11d calid n:5850 608 270 ra stifle.
Fill 2009 YCKA-Far."Vlpc...l hsmuah PlraaeI 330.000
funding Ron comm,".w 1,'V 60.n00
ad
(2010 1l.H1-lNgberland Eeamz tAH P a rh 170,002
fYnd S) V HN 6a ofuver c,"(arwrlren An t00,W6
Aclrnlsnbre nal a ,rtIWN J].6Y. 246% 3ol%
fan"H gpal(basadc,116....is) 1.
Pro oeoa zem am¢allPn; cle.6. 9144.d "Alen
PlpnwBr Nuuaing Group-PonJua ea4,T0e
He it 201. 'AHCf ts.",eWilo Hom.<Pat 111.cA
Funding HPH 1K1s..d...Nay Hdme(Fe.ual 1.1)
hd
(2011 L.1-.mevae'cmm au thrics
tuns) Penton HA�neplacem¢nl U..U,TvxnM1em¢s 6:,030 I
DA H.eterf"coan m,.m
Actual aubm9ienal pe¢en.9e J-1ltA(a dmel 33.P/. 29.6% 37.2%
Regional Affordable Housing Program Agreement OM Awards 2009-2011
Annlicants Vendor Name Annual
RAHP Awd
SEATTLE
Catholic Community Services, Aloha Ir CATHOLIC COMMUNITY SVCS $31,000
Compass'Center Mons' Qvemight COMPASS CTR HOUSING DEU $21,300
Compass'Center, Me6s Tra'rt itional :COMPASSCTR HOUSING=DEV �$32,000
Comp ass;Center, Hammo:n'd House -COMPASS CTR HOUSING'DEV $18,000
Downtown Emergency Services Cente DOWNTOWN EMERGENCY SERVICE C $53,000
Solid Ground, Broadview Em. Shelter SOLID GROUND $20,000
YWCA, 3H Shalt&r: YWCA'OF SEATTLElKITyQ1NTY: $40,000
outhcar , RaVeiin, llSTtrrSkfkpnal Y�IUTHCAR i
Youjhcar , Straley House Transitkonal YOl,THCAR t$1,5,000,
Church Council of Greater Seattle Homestep single adult scattered sites $20,000
Total Seattle RAHP Awards: $265,300
SOUTH KING COUNTY
Catholic Community Services Rita's H CATHOLIC COMMUNITY SVCS $25,000
Catholic Community Services, Katherir CATHOLIC COMMUNITY SVCS $25,000 ',
Catholic Community Services, HOME/ CATHOLIC COMMUNITY SVCS $45,000;
DAWN, Emergency Shelter DOMESTIC ABUSED WOMEN NETWOR $32,000
Consejo Counseling and Referral Sery Villa Esperanza $38,350
Multi-Service Center, Men in Recovery MULTI-SERVICE CTR $15,000
WCA Emergency Shelter YWCA C S�A77_I /f�IN GOUIyTY W '$28 550
Fusion, Transitional Housing Fusion $20,000
Total So KC RAHP Awards: $228,900
NORTH/EAST COUNTY
Eastside Interfaith Social Concerns, C(EASTSIDE INTERFAITH SOCIAL CONCE $41,000
Eastside Domestic Violence Program, EASTSIDE DOMESTIC VIOLENCE PRO( $34,000
' tit t Ili tluHi . �;: r",
Frkend r f Ya k ;G r el l dt 910 meR -10 F3 Q H
ti ,� itytl 4 t r tIt LI I �Itlii ill :tl i1 It�ik 71:l tll al
Rnenyds Qf Yaut{1 !'a Ru+ {{I v f�� {iFRIp�ID�4F Yei3ty III tt,
1 �tlli1 !Ill Ill F; t t i
HopRdipelfp KapelQ9sl !TH PplQlti (:i �HPELINKif ' .I1��'`'����� 'l) j'IIIt
Rol? on dalePqrki�il�lt.��'.ti{,�i . I�Ilill�� "'� �� !IIiiI1IlIH',llli
YWCA, Family Udlage 1 rahstional HotYW A C� SEAT7L'' /I�INQ COUNTY` $32, 00
Total No/E KC RAHP Awards: $205,800
i
i
KENT Agenda Item: Consent Calendar — 7H
TO: City Council
DATE: September 6, 2011
SUBJECT: Heating, Ventilation and Air Conditioning Support Services
Contract — Authorize
MOTION: Authorize the Mayor to sign a goods & services agreement with
Siemens Business Technologies for HVAC support services, in an amount not to
exceed $50,830, subject to final terms and conditions acceptable to the City
Attorney and Parks Director.
SUMMARY: The current three-year agreement with Siemens Business
Technologies to maintain and support the HVAC controls software system in city
buildings is close to the termination date.
When the City went to bid for the renovation of City Hall, a component of that
renovation was to add automated controls to the HVAC system. Siemens Building
Technologies was the subcontractor that was selected by the contractor to provide
these services. As HVAC controls have been added to buildings, Siemens' equipment
has been used.
Staff believes it is in the City's best interest to negotiate a sole source purchase with
Siemens Building Technologies in order to provide consistency in the City's inventory.
This is a three (3) year contract in the amount of $50,830, excluding WSST.
Attached is the written determination signed by Mayor Cooke, approving the purchase
and waiving the bidding requirements allowed in the Section 3.70.080 of Kent City
Code and Administration Policy Number 1.1.10.
EXHIBITS: Waiver Memo and Goods & Services Agreement
RECOMMENDED BY: Parks and Human Services Committee
BUDGET IMPACTS: This expense is budgeted in the Facilities HVAC Lifecycle Budget
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling Director
Phone: 253-856-5100
K�N T Fax: 253-856-6050
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: July 19, 2011
TO: Mayor Suzette Cooke
FROM, Charlie Lindsey, Superintendent of Facilities Management
SUBJECT: Waiver of Procurement Requirements — HVAC Control Software
Maintenance and Support Agreement
REFERENCE: Section 3.70.080 Kent City Code
Number 1.1.10 City of Kent Administration Policy
FUNDING: Facilities Operating Budget
The Parks Department is asking for a written determination waiving the bidding
requirements allowed in the Section 3.70.080 Kent City Code and City of Kent
Administration Policy Number 1.1.10 to enter into an agreement with Siemens
Business Technologies for maintenance and support of the HVAC controls software
system In city buildings.
Siemens Business Technologies is currently under a three year contract that is
terminating. In 1993, when the city went to bid for the renovation of City Hall, a
component of that renovation was to add automated controls to the,upgraded HVAC
system. Siemens Building Technologies was the sub contractor selected by the
contractor to add these controls. As HVAC controls and software have been added
throughout the city, Siemens has provided these services. Sole source purchasing is
a cost savings by providing an sustained, shared inventory, which qualifies this
contract under the city's procurement exemption.
Staff believe it is in the city's best interest to enter into a three year agreement
with Siemens Building Technologies for maintenance and support of the Apogee
HVAC controls software system for an estimated cost of $50,830, which is budgeted
in the Facilities Division General Fund.
Ma or uzett Cooke Date ,
KETlT"
WpS HINGTON
GOODS & SERVICES AGREEMENT
FOR
ORDINAL MAINTENANCE
between the City of Kent and
Siemens Industry, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Siemens Industry, Inc. organized under the laws of the
State of Delware, located and doing business at 22010 SE 2515t Street, Issaquah, Wa 98029
David Kopczynski, (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
Provide Support Service for APOGEE Software for HVAC Systems in City Buildings
loacated at various addresses in the City of Kent in accordance with the proposal
dated July 13, 2011, which is attached an incorporated as Exhibit A. This contract
will be for three (3) years.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by July 31, 2014.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed
$55,658.85, including applicable Washington State Sales Tax, for the goods, materials, and
services contemplated in this Agreement. The City shall pay the Vendor the following amounts
according to the following schedule:
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1
(Over$10,000.00, including WSST)
The Vendor shall invoice the City quarterly for services provided.
Year 1 8/1/2011-7/31/2012 $16,124 Annual $4,031.00 quarterly
Year 8/1/2012-7/31/2013 $16,930 Annual $4,232.50 quarterly
Year 8/1/2013-7/31/2014 $17,776 Annual $4,444.00 quarterly
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
IV. PREVAILING WAGES. Vendor shall file a "Statement of Intent to Pay Prevailing
Wages," with the State of Washington Department of Labor & Industries prior to commencing
the Contract work. Vendor shall pay prevailing wages in effect on the date the bid is accepted or
executed by Vendor, and comply with Chapter 39.12 of the Revised Code of Washington, as well
as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision
issued by the Department of Labor and Industries is attached.
V. 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 Vendor has the ability to control and direct the performance and details
of its work, the City being interested only in the results obtained under this
Agreement.
B. The Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2
(Over$10,000.00, including WSST)
D. The Vendor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings
of its business.
VI. 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.
VII. CHANGES. The City may issue a written change order for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that a change order is necessary, Vendor must submit a written
change order request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
change order work upon receiving either a written change order from the City or an oral order
from the City before actually receiving the written change order. If the Vendor fails to require a
change order within the time allowed, the Vendor waives its 'right to make any claim or submit
subsequent change order requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the change order work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
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The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VIII. CLAIMS. If the Vendor disagrees with anything required by a change order,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3
(Over$10,000.00, including WSST)
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
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E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
X. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4
(Over$10,000,00, including WSST)
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XII. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this 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 Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIV. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the
work.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5
(Over$10,000,00, including WSST)
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XII 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 Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6
(Over$10,000.00, including WSST)
to Vendor'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.
VENDOR: 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:
VENDOR: CITY OF KENT:
David Kopczynski Charles Lindsey, Parks Facility Superintendent
Siemens Industry, Inc. City of Kent
22010 SE 51st Street 220 Fourth Avenue South
Issaquah, Wa. 98029 Kent, WA 98032
425-507-4300 (telephone) (253) 856-5082 (telephone)
425-507-4350 (facsimile) (253) 856-6080 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
siemenngre ent
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GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE 7
(Over$10,000.00, including WSST)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
i
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:
I
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 200.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY 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.
I
i
EEO COMPLIANCE DOCUMENTS - 2 of 3
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.
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I declare that I complied fully with all of the requirements and obligations as outlined in the City
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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 200_1
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
'yiR ;
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Advantage Services'
{ Agreement for City of Kent '..
. . June 28,2011
SIEMENS
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Advantage Services
Agreement for City of Kent
June 28t-,2011
i
Siemens Industry, Inc. 7/13/2011 Page 1
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Table of Contents
Advantage Services
1 Overview
3
1.1 Executive Summary 3
- - ---- ---- --
1.2 Current Situation 3
1.3 Proposal Benefits 3
2 Service Solution 4
2.1 HVAC CONTROL SERVICES-Automation 4 ICI
2.1.1 Customer Support Services 5
2.1.2 Technical Support Services 5
2.1.3 System Performance Updates&Upgrades 7 -
3 Service Implementation Plan 8
3.1 HVAC Control Services-Automation On-site Response Time g
3.2 Maintained Equipment Table _ 9
3.3 Service Team 10
4 Siemens Industry,Inc. 11 I
4.1 Signature Page and Investment Byand Between: 11
4.2 Terms And Conditions 12
Appendix A. Discounted Labor&Material Pricing 15
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Siemens Industry, Inc. 7/13/2011 Page 2
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1 Overview
1.1 Executive Summary
You have made a significant investment in your facility and its complex technical systems which are critical to the
profitability and productivity of your overall business. This proposed service solution, our Service Agreement,will
proactively serve to protect that substantial Investment through a program of planned service tasks by our trained
technical staff.
This Service Agreement has been specifically developed to support your unique facility, and the services provided
herein will help you in achieving your facility goals:
• Minimizing energy and operational costs
• Protecting your system investment
• Improving the skills of your staff
• Maintaining the comfort and safety of the occupants of the facilities
• Improving responsiveness and minimizing equipment downtime
1.2 Current Situation
City of Kent is looking for Siemens to provide a level of service to help prevent problems from building up. They
continue to strive to maintain and enhance the functionality and efficiency of the facility through routine
maintenance and timely system upgrades.
1.3 Proposal Benefits
The implementation of this Advantage Services Agreement from Siemens Industry will benefit your facility in the
following specific ways:
• A dedicated team of service professionals will be assigned to your facility. This team provides consistent,
thorough, reliable service and scheduling for support of your system,
• Customers with an active service agreement receive the priority of preferred customer response times on their
calls for emergency service.
• Customers with an active service agreement receive an additional discount from our quoted rates for labor and
material.
• Project Manger labor discount 25%from the standard rate
• Specialist labor discount 25%from the standard rate
Mechanical labor discount 20%from the standard rate
• Siemens material discount 50% less 20%from list price
A planned program of inspections or preventive maintenance will increase system efficiency, assure compliance to
specified conditions,and reduce the risk of costly and disruptive system problems,
Siemens Industry, Inc. 7/1 312 0 1 1 Page 3
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2 Service Solution
2.1 HVAC CONTROL SERVICES - Automation
Approach
------- -Silver Level — - — — ..- ---
The Silver Advantage Services plan is an economical choice for customers that want reliable back-up support for
their maintenance staff so they can minimize the downtime of facility systems and equipment. The Silver plan is a
balance between price and performance. When emergencies occur, Siemens experts will provide online or phone
support within 4 hours. If an on-site visit is needed, Siemens will arrive on site the next regularly scheduled
business day,Monday through Friday.
Performance Package
Providing a high level of service,the Advantage Services Performance package helps ensure your automation
controls, devices,and software systems operate at peak levels, maximizing energy efficiency and maintaining
occupant comfort. With the Performance package you can reduce operating costs while extending the life of your
equipment. Ideal for customers that want to minimize downtime while outsourcing much of the control system
maintenance and service responsibilities,Performance services include rigorous evaluations of your control devices
and software in order to address problems before they impact building performance.
Our Performance services package includes preventive maintenance to ensure equipment performance translates
into energy savings and increased occupant comfort. Advantage Services specialists conduct systematic checks of
control systems, inspecting individual devices and components,and recommending repairs or replacements, if
necessary. Our service technicians identify minor problems or reductions in system efficiency,so that your facility
operates to maintain energy efficiency and minimizes downtime or interruptions.
Software support and updates are another important aspect of keeping the system functioning optimally and are
provided as they are issued, and as applicable to the system. Operator coaching by Siemens provides another layer
of confidence by helping your staff identify, verify, and resolve problems and concerns in performing tasks to keep
systems running smoothly. During coaching sessions,we address specific issues concerning the use of systems in
your facility.
i
Performance services for energy management systems also include preventive maintenance on related software.
With Advantage Services your control systems will operate reliably,accurately and efficiently. In addition,Siemens
will provide data protection and data recovery for your automation control systems, including routine on-sfte
backups and quick recovery if data is lost or corrupted due to problems such as computer viruses,power outages,
hard drive failures or physical damage, l
The equipment included as part of this service is listed in the List of Maintained Equipment section of this service
agreement.
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Siemens Industry, Inc. 7/13/2011 Page 4
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2.1.1 Customer Support Services
Operator Coaching. Through our individual Operator Coaching,we will review and reinforce learned skills,
leading to greater operator knowledge and productivity. This service will insure your operator's gain full utilization
of the system implemented in your facility. Siemens will assist your staff in identifying,verifying and resolving
problems found in executing daily tasks. During the coaching sessions,we can address log book and system
issues, assist your operators in becoming more self-sufficient,and improve the skills of your operators to better__
i.
meet the needs of your facility and their specificjob responsibilities,
Under this agreement we shall provide(8)hours of coaching,which will be conducted on normal business days
and hours, during scheduled visits.
2.1.2 Technical Support Services
Online Systems Support, We will provide unlimited system and software troubleshooting and diagnostics via
modem and direct phone support. This service is available through our in-house specialist during normal business
hours,
Calls made after normal business hours will be Invoiced at the preferred customerT&M rates.
Emergency Onsite Response. (Monday through Sunday) Emergency Onsite Response will be provided to
reduce the costs and disruptions of downtime when an unexpected problem does occur, Siemens will provide this
service between scheduled service calls and respond within the next business day,Monday through Friday,during
the hours of 8:00 AM—5:00 PM for critical emergencies or for non-emergency conditions, upon receiving
notification of an emergency. Response on Holidays is excluded from this coverage. Critical emergencies,as
determined by your staff and Siemens,are failures at a system or panel level that would result in the loss of the
operation of an entire section of a building or place the facility at high risk. Non-emergency conditions, as
determined by your staff and Siemens,are failures at an individual component level resulting in minimal impact to
the overall operation of the facility.,Siemens response to emergency,onsite visits will be billed at preferred
customer rates or customer directed support hours can be utilized.
Data Protection& Data Recovery Services, Through this service we help protect your HVAC Control System's vital
databases of business Information from unforeseen and costly catastrophic events (lightning strike, electrical
power surge, hard drive or controller failure, flood, physical damage, etc.). Siemens will perform database back-
ups when on-site performing planned maintenance tasks.
Should a catastrophic event occur,we will respond onsite(or online)to reload the databases and system files from
our stored backup copy, to restore your operation as soon as possible. This work will be provided on a time and
material basis,
Frequency: This service will be preformed approximately quarterly during scheduled visits.
Siemens Industry, Inc. 7/13/2011 Page 5
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11��1�Va�r��q����/Vl�i
Customer Directed Support. Siemens will provide a trained and experienced automation specialist who will work
under your direction, This time may be planned and utilized to visit each Siemens controlled building in the
District. Your assigned Service Account Engineer will work with you to develop a customized monthly visit
schedule. Siemens will review applicable building control technologies,suggest possible new strategies or
technologies that could be implemented to enhance the current system, and consider what changes,
enhancements and/or upgrades should be made to facilitate future plans. In addition,recommendations may be
made about adding andlor modifying applications,sensors, points, panels andlor software where needed to
improve building operation and performance.
Included in this proposal are(16) hours annually of specialist time to perform the services as requested,which
will be conducted on normal business days and hours,during scheduled visits.
Controller Analysis Program, Unitary and Terminal equipment can,by their nature,under-perform due to a
number of reasons; mechanical, electrical,control settings, building use and climatic conditions.Through this
service,we can pinpoint which systems have possible air flow ortemperature control problems, Reports are
generated on those terminal equipment controllers,which can then be investigated and resolved.The equipment
to be included as part of this service, is listed in the List of Maintained Equipment in this service agreement.
Controller Analysis Benefits to Include:
• Analyze, optimize and report on the performance of the TEC controlled systems
• Perform system diagnostics to ensue the system is performing at peak efficiency
• Identify problems before the occupants realizes they exist
Enhanced troubleshooting functionality
Frequency: This service will be preformed,(1)day annually.
Software Maintenance. Through Software Analysis &Optimization,Siemens will help ensure thatthe HVAC
Control System is operating properly to minimize any software problems thatwould negatively impact system
performance. We will report any failed points,points in alarm, unresolved points or points in operator priority,
both at the front end workstation and atthe field panel level. Resolving these deficiencies will increase system
efficiency, assure compliance to specified conditions,and reduce the risk of costly and disruptive system problems,
Software Maintenance Benefits Include:
• Faster workstation response times
• Increased alarm management efficiency
• Increase system reliability
• Enhanced graphics and programming
Frequency: This service will be preformed (1)day annually.
Pa e 6
Siemens Industry, Inc. 7/13/2011 g
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2.1.3 System Performance Updates & Upgrades
Software Updates, Through this service,you will benefit from new features and enhancements that will improve
building operations,take advantage of the latest version changes,while extending the life of your APOGEE
investment. Siemens will provide you with software and documentation updates to your existing APOGEE
software as they become available (approximately annually).These updates deliver the benefits of Siemens
Building Technologies'commitment to compatibility by design,a commitment unique in our industry. (Upgrades j
to PC's and related workstation hardware are excluded.)
Software updates are included for(1)APOGEE Server license,
Field Panel Upgrades. Field Panel Upgrades will extend the life of your HVAC Control System investment,without
using capital investment dollars to upgrade your field panel technology. These upgrades deliver the benefits of
our commitment to compatibility by design;a commitment unique in our industry. The Field Panels to be
upgraded, and the details of those upgrades,are itemized in the List of Maintained Equipment.
Under this agreement there is $2,000 dollars included to purchase replacement parts and upgrade retired
controllers.
Siemens Industry, Inca 7/13/2011 Page 7
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3 Service Implementation Plan
3.1 HVAC Control Services — Automation On-site Response Time
Sif liver
Service Dispatch phone number 1-800-952.6348 ',..
Response time-onsite for critical components 24 hours
Hours of Service 24 x 7
Response Window - 24x7
Software Support and Updates Yes,with scheduled PM
R&R Material Billable 'I
R&R tabor Billable
Operator Coaching Included(8 hours)
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Siemens Industry, Inc, 7/13/2011 page 8
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3.2 Maintained Equipment Table
Siemens Industry, Inc.
Inijill
7:Services
' Data Protection & Insight3:X 4
11 Data Recovery_ B/U on-site
per year): Data Protection &Recovery Services (2)
I
System 600 FLN
System 600 ALN ` 12
ALN Controller i
Services(Times per year): Preventative Maintenance(1) s
System 600 ALN System 600 ALN MBC 40 3
Services (Times per year : Preventative Malntenance(1) - Software Malntenance (1)
System 600 System 600 ALN PWR MEC 2
ALN 1200 1/0 PB
Services(Times per year) Preventative Maintenance(1)-Software Maintenance'(1)
System 600 System 600 MLN 'Apg Svr-Crp 1
MLN Network
Services(Times per year): Software'Maintenance (1)
System Software Support 'r Insight 3.X 1
Performance and Updates Adv
Services(Times per year):Software Update (1)
System Software Support Insight 3.X 1
Performance and Updates Adv User
Services(Times per year): Software Update(1)
System 600 FLN System 600 FLN TEC-CAP :200
Services(Times per year): Controller Analysis Program (1),,
System Field Panel Field Panel 1
Performance Upgrades ($ USD)
Services (Times per year): Field Panel Update($45,000)
SystemPXC
ALN System I System 600 ALN MODULAR 2
Services(Tlmes per year); Preventative Maintenance(1)-Software Malntenance (1)
Siemens Industry, Inc. 7/13/2011 Page 9
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3.3 Service Team
An important benefit of your Service Agreement derives from having the trained service personnel of Siemens
Industry, Inc. familiar With your building systems. Our implementation team of local experts provides thorough,
reliable service and scheduling for the support of your system.
The following list outlines the service team that will be assigned to the service agreement for your facility.
Your Assigned Team of Service Professionals will include:
Sales Account Representative:David Kopczynski(206) 683-2525
Manages the overall strategic service plan based upon your current and future service requirements.
Service Account Engineer: Shari Kurtz(425)507-4300
Is responsible for ensuring that our contractual obligations are delivered, your expectations are being met and you
are satisfied with the delivery of our services.
Primary Service Specialist: Mike Laplante
Is responsible for performing the ongoing service of your system.
Secondary Service Specialist:
Will be familiarized with your building systems to provide in-depth backup coverage.
Service Operations Manager: Juan Cantu
Is responsible for managing the delivery of your entire support program and service requirements.
Service Coordinator: 1,800,952.6348
Is responsible for scheduling your planned maintenance visits, and handling your emergency,situations by taking
the appropriate action.
Service Administrator:
Is responsible for all service invoicing including both service agreement and service projects.
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Siemens Industry, Inc. 7/13/2011 Page 10
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4 Siemens Industry, Inc.
4.1 Signature Page and Investment By and Between:
Siemens City of Kent
22010 SE 51 st Street 220 4th Ave S
Issaquah,WA 98029 Kent,WA 98032
Services shall be provided of 220 4th Ave S, Kent,WA 98032.
Siemens shall provide the services as outlined in the attached proposal dated 06/2812011 and the attached terms
and conditions.
Duration:This agreement shall remain in effect for an Initial Term of 3 Years beginning 8/1/2011 and from year to
year thereafter.
Investments: Annual cost—invoiced quarterly Approved_
Year 1 08101/2011 to 713 112 01 2 $16,124 annually paid$4,031.00 quarterly
Year 2 08101/2012 to 7/3112013 $16,930 annually paid$4,232.50 quarterly
Year 3 08/0112013 to 713112014 $17,776 annually paid $4,444.00 quarterly
Prices quoted in this proposal are firm for 30 days and do not include WSST.
Proposal accepted by: Proposal submitted by:
City of Kent David Kopczynskl
Service Sales Executive
Siemens Industry, Inc.
06/27/11
Signature Date Signature Date
Approved for Siemens Industry, Inc. by:
P.O.#
I
Signature. Date
The Customer acknowledges that when approved by the Customer and accepted by Stir:(1)the Proposal and the Contract
Terms and Conditions, (together with any other documents incorporated into the forgoing) shall constitute the entire
agreement of the parties with respectto its subject matter(collectively,hereinafter referred to as the"Agreement'1 and(ii)in
the event of any conflict between the terms and conditions of the Proposal and the terms and condltlons of The Contract
Terms and conditions,the Contract Terms and Conditions shall control.
Siemens Industry, Inc. 7/13/2011 Page 11
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4.2 Terms And Conditions
SERVICE TERMS AND CONDITIONS(REV.10109) Included In the Services Rm limited to restoring the proper working condition of
Article 1: Oenwrif such Covered Equipment. SIEMENS will not be obligated to provide
1.i (a) Thlo Agreement constitutes the entire, complete and exclusive replacement Covered Equipment that represents significant capital
agreement between the parties tainting to the services ("Servfcos") to be Improvement compared to the odglnah Exchanged or removed components
provided by SIEMENS and supersedes and cereals ell prior proposals, become the property of SIEMENS,exce t Hazerdous Mettrolti which under
---- gmemdntsrandontlers[endings;:widen or cml;ter Ling lal6e 3vtilecl metlerof all dreumsleneesiemmeln lhepri opertgen esponslbllyorGuslami -
this Agreement. Neither party may assign the Agreement or any rights or 3.4 Unless agreed connivers,Services do not Include and SIEMENS Is not
obligations hereunder wihout the prior winner consent of the other except that responsible for(e);(a)service or provlsfan of consumable supplies,Including other party may assign this Agreement to Its affillates and SIEMENS may but net limbed to batteries and hi lon cylinder charging;(b)relnslallaten or
grant a securty Interest In the proceeds to be paid to SIEMENS under this relocation of Covered Equipment; (a) painting or mfiolshing of Covered
Agreement;assign proceeds of the Agreement;and/or use subcontractors In Equipment or surounding surfaces; (d) changes to BaMoes; (a) parts,
performance of the SeMces.The terms and conditions of this Agreemenl shell accessories,attachments or other devices added to Covered Equppmenl but
not be modified or rescinded except In wring,weir the prior approval of the not furnished by SIEMENS;(q failure to continually provide suitable operating
Legal Departments of SIEMENS and Customer and signed by duty authorized eaviromaml Including,but not limited to,adequate space,ventilation,electrical
officers or managers of SIEMENS and Customer. power and protection from the elements;or(9)the removal or reinstallation of
(b) Nothing contained In this Agreement shag be construed to give any d9hfs replacement valves,dampers,watertnow switches,venling or draining systems.
or benefits to anyone other than the Customer and SIEMENS without the SIEMENS Is not responsible for seMces performed on any Covered
express will consent of both padfas. All erwslons of this Agreement Equipment other than by SIEM ENS orleagenls.
eilaerting respenslbllly or gadfly between the pedlar shell survive the 3.5 The SeMces shag be performed in a manner consistent with the degree of
completion of the SeMces and inciden on of this Agreement. care and still ord'nariy exemised by persons performing the some or slrNlar
(a)Certain terms and conditions contained herein may not apply to the Services Services in the Rama locale under similar circurn5fia s and conditions.
to be provided hereunder. It Is the Intent of the padbs, however,that the 3.6 SIEMENS shall perform the Services during Its local, normal working
Interpretation to be given to the terms and conditions Is to apply all terms and hours,unless otherwise slated In this Agreement.
condltlons unless dearty Inapplicable given the type of SeMces included, 3.7 SIEMENS Is not required to conduct safely or other tests, Instep or
1,2 Thls Agreement shall be governed by and enforced In accordance with the maintain any covers or equipment or make modiilcatlons or upgrades to any
laws of the State of Ilgnols. Any Illlgellen Rising under Ibis Agreement shall be equipment beyond the scope of this Agreement. Any request to change the
brought in the Slate or Commonwealth In which[he Services are provided to scope or the nature of the Services must be In the form of a mutually agreed
Customer.TO THE EXTENT PERMITTED BY LAW,THE PARTIES WAIVE chills order,effective only when executed by all pall"hereto,
ANY RIGHT TO A JURY TRIAL ON MATTERS ARISING OUT OF THIS 3.8 All reports and drawings specifically prepared for and deliverable to
AGREEMENT. Oustomor pursuant to Ihls Agreement('Dellva'eb/es')shall became Customers
fa AHorthoexplrelm of lw INOar Term,WSAgeemwit hat eUemagcaymr for property upon full payment to SIEMENS.SIEMENS may retain file copies of
successive ore yeerpedods begnNrgm Iha ervivasary data oflha kigal Tenn mess such Deliverables. All other reports, notes, cnkUellons, data, drawings,
slated dhawise In bra Ageertef3. estimates, spearboallons, manuals, other documents and of computer
1d Ei6o-pvymay lemgrele aamerd Ws Pgeemat at the end of inn ltltlal Term programs,codas and computerized materials prepared by or for SEMI ENS are
or at Inc end of a renewal tam by giving the doer party at knot a*(60)days pia Instruments of SIEMENS' work('Instruments') and shag remain SIEMENS
w0a,nodes of such emeMneds orlbohni to renew. properly.Slemens conveys no license to sonware,unless otherwise exprassy,
15 H,dslrg a WWn 90 says rfla the term of WS Ageernag,Cuttwner en{ragas provided In this Agreement. All Delverables and InslNmenls provided to
Rry SIEMENS anpkryeewhams pedamedwndrmdartNsar nyothaagomient Customer are for Permitted Users'use only for the purposes disclosed to
bdween Cuslornererd SIEMENS,CustmrardolpaySIEMENSanm to aourscop SIEMENS, and Customer shall not transfer them to others or use them or
the employee's Hiedmuakry else , permit them to be used for any extension of the Services or any other purpose,
Article 2: Covered Equipment w,lhort SIEMENS' express wrlllan consent.Any reuse of Dallvaablas or
S1 'Covered equipmonr shag mean[hat equipment expressly identified an Instruments for other projects or Ioca ens without [he wrinen consent of
System Components In this A➢mement.The Customer represents Ihal at the SIEMENS,or use by any party other than Pamilned Users,will be at Permitted
commencement of this,Agreement ell Covered Equlpment Is in salisractory Users'seta risk and without liability to SIEMENS;and.In addition to any other
working condlllon end compiles with all appilceble codes. rights SIEMENS may have, Customer shell Indemnify, defend and hold
2.2 If the fire of life safety system Is Included as part of the Covered SIEMENS harmless from anyclalms,losses ordamagesadsing therefrom.
Equipment does not comply Wlh of applicable codes or if removal of any 3.9 Customer acknowledges that SIEMENS, In the normal conduct of Its
Covered Equpment from eoveragewould compromise orimpalrthe Integrity or business,may use concepts,Ridge and know-how developed while performing
the compliance with law of any system or SeMces,and Customar fails to lake other contracts. Customer acknowledges[he beni which may accrue to It
convolve action,than SIEMENS may terminate this Agreement without further though this practice, and accordingly agrees that anything In[his Agreement
obligation and retain all monles received pursuant to this Agreement. notwithstanding Siemens may continue, whboul payment of a royalty, [[its
2.3 All lesllog and Inspection of any Covered Equlpment proHded for in this practice of using concepts,skills and know.how developed able performing this j
Agreement wit be performed at the time and piece and in the manner deemed Agreement.
appropriate by SIEMENS. In accordance with applceble law and the 3,10 Wrom SeMces Irgrtle proof ,msum, any estimates of probable
requirements of than current Nellonal Fire Protection Assoclallon("NFRA") construction or Implementation costs,financial evaluations,feaslielllystudlesor
guidelines If applicable, and other relevant standards, Customer Is solely economic analyses prepared by SIEMENS,the documents tempered for the
respons@le for, and hereby fndemnHlas and holds SIEMENS harmless from Customer will represent SIEMENS' best fudgmanl based on SIEMENS'
end against, any lability Raising from Customer's specification of a testing exeenence and the Informallon reasonably evallable to SIEMENS at(he time
schedule other than then camel NFPA or other applicable contends or laws, that the Services are performed.Customer acknowledges that SIEMENS does
2,4 If the Covered Equipment Is aiered or moved by any person,Including net control;(a)the costs of labor,materials,equipment or Release furnished by
Customer,other than SIEMENS or a person aaho0zed by It,Customer shag others; (b) overall market condition; or, (e) contractors' methods of
Immediately rally,SIEMENS In willing,and SIEMENS reserves the fight to determiNng prices.Aceordlniti,Customer acknowledges that proposals,bees
perform a reacceptance test on,or,If necessary, a recommissloning of the or actual costs may dotter from opinions,evaluations or studies submitted by
system el Customers expense. Reacceplaroe tests will be performed In SIEMENS as pad ofkhe Services provided hereunder.
accordance win than current NFPA or other applicable requirements, and 3.11 Where SeMces Include EMC,SIEMENS wig have a disaster recovery
charged on a lime and metedets basis. plan end a disaster contingency plan.
Art/afs3r Sandeasby SIEMENS Aniline 4!Resporelbllllfes of Costumer
3.1 SI EMENS shag any perform the Services Identified in this Agreement. 4.1 Customor,without cost to SIEM ENS,shall:
3.2 SIEMENS shall have no liability or obllaior to continue providing (a) Deslgnele a contact person Will authority to make decisions for Customer
Senses In the ovens Customer falls to(a)authorize a maccoptance test or regarding the services and provide SIEMENS with Information sufficlent to
recommissioning that SIEMENS reasonably Opera necessary; (b) natty contact such person In an emergency, If such representative cannel be
SIEMENS of any madifieaions or changes to the Covered Equipment or reached, any request for Services received from a person located at
unusual or materially changed operating conditions, hours of usage,system Customers site will be deemed eulhophid by Customer,and SIEMENS will,In
meiuncions or building alterations that may affect the Services:(a)provide the Its reasonable discrellen,pal accordingly;
access to any site where SeMces are to be performed;or(it)operate,servca (b) Provide or orange without cost of ransonsbia provIslons,means and
or malntaln the Covered Equlpment In accordance With manufacturers or Recess for SIEMENS to any site and the equipment where Services are to he
suppliers Insrnrcions or this Agreement.After any of the aforesaid events performed; I
SIEMENS may terminate or suspend seMces under INs Agreement
Immadle[ey,upon giving hellos to Customer. (c) Pencil SIEMENS to corral and/or operate all controls, systems,
3.3 Any regalia and mpkeeemen[s of Covered Equlpment as maybe expressly apperalus,equipment and machinery necessary to perform the Services;
Siemens Industry,Inc.,Building Technologies Dlvlslon Smvloa Only 7000
Siemens Industry, Inc. 7/13/2011 Page 12
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(d) Fumsh SIEMENS with all available Information pertinent to the SeMces; amount under this Agreement.Customer Shall relmburse SIEMENS'costs and
(a) Obtain and fumish to SIEMENS all approvals,permlls and consents from expenses (Including reasonable attorneys'and wtlnesses'fees) Incurred for
government aulhodllas and others as may be required for performance of the colleglon under this Agreement,If Customer disputes any portion or all of an
Services except for those SIEMENS has expressly agreed in writing to obtain; Invoice,It shag notify SIEMENS In writing of the amount In dispute and the
(U Maintain the Services site In a safe condition;notify SIEMENS promptly reason for Its disagreement within 21 days of receipl of the Invoice. The
Of any site condign requiring special care;and provide SIEMENS with any undisputed portion shag be paid when due,and interest on any unpaid portion
available documents describing the quantity,nature,location and extent of such shell accrue as aforesaid,from the date due unlll paid,to the extent that such
candltons, amounts ere Finally determnad to be payable to SIEMENS
(9)_Compy.with all Iowa andprovide any notices required to be given to any-5.4-Except to the extent expressly agreed In this Agreement,SIEMENS'lees
government Auttmontios In connection with the Services,except such notices do not Include any lazes,excises,fees,duties,Partite or other govemmenl
SIEhAENS has expressly agreed In Ibis Agreement to give; charges related to the SeMces,Customer shall pay such amounts or reimburse
!
(h) Provide SIEMENS with Material Safety Data Sheets(MSDS)eonforNng SIEMENS far eery amounts II pays, If Customer dacha a tax exemption or
to OSHA Services;
related to all Hazardous Materials at the site which may direct payment permit, It shell provide SIEMENS with a valid exempllon
Impact Ines-M<es; cbdl ostO Of permit and IndemNfy,defend and hold SIEMENS harmless from !
(I) Furnish to SIEMENS any contingency plans environment,Indcing ails; airy taxes,costs and penalties arising out of same.
s Fumish Iha specl0ed aperandilting edelctricIncluding d other limitation,n, 5.5 Unless agreed otherwse,the pricing for each year after the Initial Term of
-pliable,clean,stableered Equipment
I noel wrical powerorder
In cones anc eA the Agreement and each year of each renewa(of the Agreement shag be
(k) Maintain ail Covered Equipment In good place al Drove In compliance with determined as the Immediate prior yearpdce plus a price escalator based upon
a,applicable laws and service,repair end replace all Covered Equipment as the U.S. Department of Labor, Bureau of Labor Statistics Urban Consumer
necessary;and Price Index-AI Urban Consumers U.S. AN Items,1902-1984=1 W('CPI-U').
(h Perform Inspections and tests as Indcaled In the Life Safety System In addition, each renewal term pricing shell be adjusted for any addlllens or
Logbook and record same In the Life Safety System logbook, deletion to SeMces selected for the renewal term.The Force escalator shag be
4.2 Customer acknowledges that the technical and Pricing lnformallon herein Is the latest semi-annual CPI-U Identified above published poor to each annual
proprietary to SIEMENS and agrees not to disclose or alheMse make It anniversary,This escalator shag be applicable to each annual term,whether a
available to others. renewal term or an annual term alter the first year of the Initial Term,
4.3 Customer acimowiedgas that It is now and shell beat of limes In control of Arffcfe 6: Changes;belays;Excusetl Performance
the Services site.SIEMENS shall not have any responsibility,duly or authority 69 As the SeMces are
performed con "One
hey change w circumstances
to direct,supeMsa or oversee any employees or contractors of Customer or cutslde SIEMENS'reasonably canlrol(such as changes of law)may
develop
their work or to provide the means,methods or sequence of their work or to Which require SIEMENS la expeAd eddllgnAl costs,-/fort or time to complete
stop their work.SIEMENS'work and/or presence al a site shell not relieve the SeMces,In wNch cos-SIEMENS shag notify Customer
end an equitable
ohers of their responsibility to Customer or to others Except as expr-ssly edJuslmenf made to the compe0selloA entl lime for partormance.In the liable
provided herein,SIEMENS Is not responsible for the adequacy of the health, eorilllens or clreumalaneas requlee services to be suspantled or Terminated,
safety or security programs or precautions related to Customers or It other SIEMENS -hail ba compensated for Services performed and for costs
contractors'aclldlies or operations;the work of any other person or entity;or reasonable Incurred In connedion with Iha suspension or temtnatfon.
Customers site condlions. SIEMENS Is not responsible for Inspecting, 52 SIEMENS shall not he tasponslbly for loss, datay, Injury, damage or
obseMng,reporting or correcting health or safety confilons or deflclencces of tallies of partormance That may be caused by c rcumstancer beyond Its canlrol,
Customer or others at Cuslamers site.So as not to discourage SIEMENS Including but not limped to .to
or.natedehe by Cus tam
er or Its employees,
from voluntarily addressing such Issues,In the event SIEMENS does make agents or contractors,Acls of God,war,civil commullon,acts or omissions of
s.
observations, reports, suggestions or otherwise regarding such Issues, government authorllies,to, [haft, corrosion,flood,water damage,lightning,
SIEMENS shall not be gable w rmondee for some, lrooze-ups, strikes, lockouts, differences with workmen, role, exploslons,
4A Except as expressly slatetl In Ihls Agreement, Customer is solely quarantine resldcllons,delays In tronspoRellon,or shortage of vehicles,fuel,
responsible far any removal,ropleaemenl.ar refinishing of the building structure labor or materials.In the evert of any such clroumelances,SIEMENS shell be !
or trashes that may be required to Porfomn orgain access to the SeMces. excused from performance of the services and the time for perronanco shall
4,5 Customer alone shell act to protect life and property from the time a partial be extended by a period equal to the time lost plus a reasonable recovery
or Ng system failure occurs Unit SIEMENS notifies Customer that such system Force and the compensation equltebly adjusted to compensate for addlflenal
Is operational or the amergoncy has been cleared.Customer's actions shall costs SIEMENS Incurs due to such circumstances.
Include all appropriate Interim safely precautions (such as a manual Wire Article7. Warranties;blsdalmess;Llmlfatlon olUablOty
watch"). SIEMENS shag have no obligation to provide guards,flee watch 7.1 Labor in performing the SeMces is"ranted to be free from defects In !
personnel,or other services following a system failure,except Services as are workmanship for 90 days after the Services are performed. Al labor provided
specifically provided for in this Agreement. by SIEMENS hereunder found to be defective and ofherwlse qualifying under
4.6 Customer shall not attach to the system or Covered Equipment any device this warranty shall be reperfonned by SIEMENS.. Such re-performance
that Interferes wifh the Services or the proper operation of the system or hereunder shag not Interrupt or prolong the terms of this wadi In the even)
Covered Equipment. that any such re-performance falls to cure such defects, then Customers
Articles.• Compensation that
remedy against SIEMENS for damages from any cause whatsoever,
NtI Annual Feels)shell he agreed
for each year slier the Orel year of the whether In contract or tort,shall not exceed an amount equal to the[Imitation set
herein.
Term pursuant to the agreed Price Adjustment hereto end Incorporated forth In Section 7.5 hereto.
herein. Unless otherwise agreed In wdling,Ibis Agreement Is net cancelable 7.2 THE EXPRESS LIMITED WARRANTY PROVIDED ABOVE IS IN LIEU
and the annual fee is not refundable except as provided herein, OF AND EXCLUDES ALL OTHER WARRANTIES, STATUTORY,
52 Payments to be made Ode he Agreement wfl lL-Wdo for, and be In EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL
coraddera w of,any SeMces sped0arry hooded OMa-the Proposed SOWan. Al EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
other SeMces,Indadng W not Ini ed to Ua following,and be sefperaley q'kd or FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CAPACITY, OR
surdwited o a time and materiels basis:(a)emergency SeMces pe0mmd at WORKMANSHIP, ALL EXPRESS OR IMPLIED WARRANTIES AGAINST
Customers request,If Inspection roes W reveal eery dsi cleky cowered by the PATENT INFRINGEMENTS OR DEFECTS, WHETHER HIDDEN OR
Agreement; (b)SeMces performed Oche;ton duing SIEMENS 'nanMl wtxkrg APPARENT,AND EXPRESS OR IMPLIED WARRANTIES WITH RESPECT
hours;ard(a)SmAce rabonrnd on edidjar t nd soared by this Agreefired. TO COMPLIANCE OF THE COVERED EQUIPMENT WITH THE !
5.3 SIEMENS shell Invoice Customer es provided In this Agreement,or If not REQUIREMENTS OF ANY LAW, REGULATION, SPECIFICATION OR
expressly provided,then on an annual basis prior to the Stan Date and annually CONTRACT RELATIVE THERETO, WHICH ARE HEREBY EXPRESSLY
Iheroafter on the anniversary of such Start Dole.Invoices are due and payable DISCLAIMED.
not cash upon receipt unless Customer has applied and been approved for 7.3 Customer hereby,for It and any parties claiming under II, releases and
credit with SIEMENS,In which case the Invoice Is payable within 30 calendar tllscharges SIEMENS from any liability arising out of all hazards covered by
days of receipt by Customer or as otherwise set forth In this Agreement.If any Customers insurance, and all claims against SIEMENS arising out of such !i
payment Is not received when due,SIEMENS may deem Customer to be In hazards,including any light of subrog0lon by Customers Insurance carrier,are
breach hereof and may enforce any remedies available to II hereunder or at hereby welved by Customer.
law,including without Ilmititon,acceleration of payments and suspension or
torMnellon of Services at any lime and without notice,and shag be entted to 7.4 ANY IDEAS, SUGGESTIONS, RECOMMENDATIONS, FINANCIAL
compensation for SeMces Proviousy performed and costs reasonably Incurred EVALUATIONS, FEASIBILITY STUDIES OR ECONOMIC ANALYSIS
In connection w11h the suspension or temnnAlion.In the event that any payment PREPARED BY STEM ENS UNDER THIS AGREEMENT WILL REPRESENT
due hereunder Is not paid when due,Customer agread to pay,upon demand ITS BEST JUDGMENT BASED ON ITS EXPERIENCE AND THE
as a late charge,one and one-half percent(1.5%)of Iha amount of the payment AVAILABLE INFORMATION. CUSTOMER ACKNOWLEDGES THAT THE
per month,Ilmiled by the maximum rate permitted by law of each overdue ENERGY MARKET IS VOLATILE AND SUBJECT TO FREQUENT PRICE
Siemens Industry,Inc.,Building Technologies Division Service Only 2009
Siemens Industry, Inc, 7/1 312 0 1 1 Page 13
I
r
cr"r'IyR"'— SX 1
I S ({Va tBnP_, �P. �,��t�¢d's a'��� ��h �3� '✓"f�fic` {f Nr"I'P7S 2E'e rm� /rl 1.3,T: �� 45e P�� �� � I
i
AND REGULATORY CHANGES,THEREFORE, CUSTOMER FURTHER REDUCTIONS THAT MAY BE AVAILABLE TO CUSTOMER, FURTHER,
ACKNOWLEDGES THAT SIEMENS DOES NOT CONTROL FUTURE CUSTOMER HEREBY RELEASES SIEMENS FROM ANY AND ALL
MARKET CONDITIONS OR THE ENERGY MARKET'S REGULATORY LIABILITY TO CUSTOMER OR ANY THIRD PARTY ARISING FROM
CLIMATE. NOTHING HEREIN SHALL BE CONSTRUED BY THE SIEMENS' FAILURE TO OBTAIN OR APPLY FOR ANY REBATE/
CUSTOMER AS A PREDICTION OF FUTURE ENERGY MARKET INCENTIVE OR ENERGY/FUELCOST REDUCTION THAT COULD IN ANY
CONDITIONS OR ENERGY PRICES, ACCORDINGLY,SIEMENS DOES WAY BE OBTAINED BYCUSTOMER,
NOT PROVIDE CUSTOMER A GUARANTY OR WARRANTY OF THE AHlcle 9:Hazardous Materials Wov/slons
RESULTS OF SIEMENS' RECOMMENDATIONS, CUSTOMER 9.1 The SeMces does not Include directy or lndloollypergamung or arranging
MAKESANY AND ALL ENERGY PROCUREMENT AND RELATED for Ilse detection, monitoring, handling, storage, removal, franspodellon,
--.. DECISIONS.-OUSTOMER-ACKNOWLEOGES..THAT�ALL---ENERGY—disposeloNfeelment-of-Olt er-Hazadous Mahmah-ExcepPas disclosed— `--
-PROCUREMENT AND RELATED DECISIONS ARE MADE AT THE pursuanito this Article,Customer represents Ilia.to Ila best knowledge,there is
CUSTOMER'S BOLE RISK. no asbestos or any other hazardous or toxic msletlals, es tleMetl in the
TH WITH RESPECT TO ANY LIABILITY(WARRANTY OR OTHERWISE) Comproomerve Environmental Response, Compensation and Llabllly Act of
THAT SIEMENS MAY HAVE UNDER THE AGREEMENT, TI N, EVENT 1990, as amended, Iha regulallons promulgated thereunder, and other
SHALL HEMENS BE LIABLE(INCLUDING WITHOUT LIMITATION,UNDER applicable federal, slate or local law ("HazsMrnu Meterlels"), present at
ANY THEORY IN TORTS) FOR ANY LOSS OF USE, REVENUE, Customer's Bltes where the Services are perlomrod. SIEMENS will notify
ANTICIPATED PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR Customer Immediately If It discovers or suspects the.presence of any
CONSEQUENTIAL DAMAGES(INCLUDING WITHOUT LIMITATION LOST Hazardous Mafedal,All BeMces have been priced and agreed to by SIEMENS
PROFITS AND/OR LOST BUSINESS OPPORTUNITIES)ARISING OUT OF In reliance on Customers representations as set forth In this Article. The
OR IN CONNECTION WITH THE AGREEMENT OR THE SERVICES presence of Hazardous Materials constitutes a charge In this Agreement
WHETHER ARISING IN WARRANTY, TORT, OONTRACT STRICT whose terms must be agreed upon by SIEMENS before Its oblgodons
LIABILITY, OR ANY OTHER THEORY OF LIABILITY, WHETHER, FOR hernunder shell continue.
WARRANTY, LATE OR NON-DELIVERY OF ANY SERVICES, AND H.2 Customer Is sbley responsible for testing, Whaling, encepsulaling,
WHETHER SIEMENS HAS BEEN ADVISED OF THE pOS91BILITY OF removing, remedying or no oozing such Hazardous Materials, end for the
SUCH bAMAGES;end,In any evenl,SIEMENS'eggregate trolly for any and costs there of.Customer la respomslbielor the proper disposal 0 all Hazartlbus
ell dRlms, losses or expenses (including atlomeys fees)arising out of this costs" end Oil Riot of anytime ere Present at Iha BeMces rile In HE
Agreement, or out of any BeMces fumishad under this Agreement,whether with Rl epplloabla felon" state, and local laws,regulallons,end o dog, es.
based in contract, negllgence, strict 4aulity, agency, worrenty, trespass, Even if change order has been corded Irdo pursuant to this Adlde,SIEMENS
Indemnity oraryolher Ihaory of IleblRy,shall he limited,as llquldaled damages, shell have'he
right to slop Iha Sarvlces until the cle Is free from Hazardous
to Iha greater of$1,000 or 10% of the total comeensellon received by Meterlels,In such bvenl,SIEMENS shell recalve an equlteMe eManslan.
n of limo SIEMENS from Customer under this Agreement.SIEMENS reserves the right to mrnplefe he
BeMces,and compensallon for delays caused by Hazardous
to central the defense and settlement of any claim for which SIEMENS has an Meterlels remedistion.In no even)shell SIEMENS ba required ar cbnslmo to
bbpgallon under the WUMMAY hereunder.The parties acknowledge that the price lake Ella, ownership or no
ever,
for such OII or Hazardous Melerlols,
Which SIEMENS has agreed Ib Perform its Services eM obllgatlons underthis Customer shay sign any required Wesla msoftesls in cbnfognenca wad all
Agreement Is calculated based upon the foregoing imitations of tlebNy,and '-,romenl reguleRons,Ilsting Cu-mora fis Iha generator fine
waste,
that 61EMENS'has expressly rolled on,and would not have entered into[his 9.3 Customer womants Ihet,prtor to the exebullon of this Agreement,11 shell
Agreement but for such limitations of hAiNty. natty SIEMENS in writing o! cry end ell Hazardous Meledels which la
bS II Is understand and agreed emon by entl between the parties that SIEMENS Is Customers best krowledge are present,potentially present or likely to become
not an insurer and Ws Agreement le not Intended to be an Insurance policy are present at the Services site and shop provide a copy of any slle solely policies,
substitute for an Insurance policy. Insurance, If any, shall be obtained by Including but not limited to lock-out and tag procedures,chemical hygiene plan,
Customer. Fees are based solely upon the value of the Services, and are MSDSs or other Items required to be disclosed or maintained by federal,state,
unrelated to the value of Customers property or the property of others on or local laws,regulallons or ordinances.
Customers premises, 9.4 Customer ahap IodemNly,dine'and hold SIEMENS harmless from and
Ntkka;(/mMafbru olMafntenaxe vrServke Obllgetbns agalnsl any tlemages,bsses,cosls,p'sbllllles or expanses Nnduding aRomeys'
8.1 51EMEN6 oil rid ba respmdde In the maWenance,IepWr or neplacemerl of, fees)
ma
out
of any 011 or Hazardous Metedols or from
Customers bream
a Services necessitated by reason of: (e) noMrslddreda, nurreplaceade a o},or feliursicperform he obllgallone carter lNa Arllcle,
obsdela pulls of the EgJpment,IrrLdrg but not Intact to dx{wak,srel end Woes, Artor'f0:Impbrt/Export l,dem,lry
heat exd,ergss,cols,wit cadrals,easirgs,refradoy made,ekeriW wiring,water 10.1 Customer acknowletlgea Ihnl�31EMEN5 fa required to campy With
curd promote dWrg,simWml supports,cooing laver fl,sag,ant haslns,all.unless ¢ppllcable"aped
laws and regulallons relating to the sale,axpbdallon,(renter,
otherwise SPeCificay stated ha'cln;or(b)negligence,abuse,INsuse,hi roil a asslgnmanl, disposal and usage o/ the coverts Equlpmenl a """[badequale repairs or modhoaherif,improper Wershm,lack of opemlor ra!Nmafca provided under In Contract, indutlIng any axpod pcensa requlremecom
er ski,honors,to comply Wth manufacturers operating andarMramedal requramerts, Cuslamer agrees Thal such COVGYBd EqulLP w SeMces shell net of any
Ads of God,or other reusoas beyord l[sm4hl.SIEMENS Rssurl�no respor,lbgty time directy br Indlrac0y be used, axpbded, solq transferred "Oh"etl or
fo!ary Santee pedametl on my Coveved Eguipmeri ether Man by SIEMENS cr its otharwlse dlspasad o1 Ina manner wrah Wlil rasuH In norvcampffm with such agents. appOcable export laws end mgol.11ons. It shall be a condillbn of Iha eonh u such
52 SIEMENS sU wtW rnsponslbk larks,delay,Ivry ndansgelirnhreybe p¢Iformence by SIEMENS of its ng
obllgetlons hereunder that compliance wtlh
caused by dnvn#enw beya-e Its caCd,Irckring W rot resuldud to ads ar such export laws and regulallons be maintained at all(Imes. CUSTOMER
omssibre by Cudemercrfls errpbyees ar o➢eka,Ags of God,woo,d ICOlun kere AGREES TO INDEMNIFY AND HOLD SIEMENS HARMLESS FROM ANY
ads of goverrvnarl,fro,(tall,cbrodm%flood,water damage,grilling,haezeu,r, AND ALL COSTS, LIABILITIES, PENALTIES, SANCTIONS AND FINES
corrpler Mmsas, P'ogmm or sydem hackers, mikes, Axho#s, dHarercas MPr RELATED TO NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS
werlanen,tlds,nploclons,giarerdna man'diors,delays in earepodabon,or shortage AND REGULATIONS.
olveNdes,fuel,laburormalerlals. Article 11. Small Business Dancer,
0,7 SIEMENS Is not respmdble its repolrs,mpKcaneeds MseMces to Egdpment fl.1 VEMENS shell adhere to FAR 52,21"regarding the"Ohlizate,of Small
doe to coraslm,crzsim,improper or lnadegoto water beahmart by chore,eladroyhb Buslnese Concems",as pert of its Carroll Small Business Subcoolrecling
arch channel action,Or reasons beyond Its mosor¢bie meted. Agreement With the fedoras government. SIEMENS'policy Is to offer small 'BA SIEMENS stool not heresponddefn'Iha remcvel orrein#afapmof replacnnni business concerns,Including small disadvantaged buslnesses,Women owned j eaves, darpers,watOlOW and Roper awtches, airficw stations, And cry other smell-bus[nesses,HUBZone small bus[nessos,veteran owned smell buslnesses
pemeneMy mdvian ir"Cre pipe d'e4 dud cbnponeN.Addpomy,SIEMENS sIeI and servos dsebled veteran owned smart buslnesses,tha'maximurn practical
rid be resporWbk fefary es"T ordalNng of systere. oppodunity'to porticipeta in parforMng contracts let by any commercial ability,
BS WHERE SERVICES INCLUOE EFFORTS BY SIEMENS TO HELP (beat govemmenl or federal agency, Including subcontracts for subsystems,
CUSTOMER TO ATTNN REBATES AND"INCENTfVES FROM AV "ABLE essemdles,components,and related services for melon systems,
SOURCES OR ENERGY/FUEL COST REDUCTION, CUSTOMER j
ACKNOWLEDGES THAT ANY RESATEANCENTIVE OR ENERGY/FUEL
COST REOUCTION THAT MAY BE AVAILABLE TO CUSTOMER IS
GRANTED BY A THIRD PgRTY OUTSIDE THE CONTROL OF SIEMENS.
CUSTOMER FURTHEIR ACKNOWLEDGES THAT WHILE SIEMENS WILL
EITHER ASSIST CUSTOMER OR ENDEAVOR ITSELF TO OBTAIN ANY
AND ALL REBATESANCENTIVEB OR ENERGY/FUEL COST REDUCTION
AVAILABLE,SIEMENS DOES NOT GUARANTEE THAT 1T WILL OBTAIN
OR APPLY FOR ALL REBATESANCENTIVEB OR ENERGY/FUEL CDST
Blamens Industry,Inc.,Building Technologies Division Service Only 2009
Siemens Industry, Inc. 7/13I2011 Page 14
< As:tatihlf@ fv�iC},
Appendix A. Discounted Labor& Material Pricing
i
As a Service Agreement customer with an active contract,you will receive the benefit of a discount from our
standard labor rates and material prices. Standard rates and preferred customer rates are documented below.
I
Siemens Industry, Inc.
Rates effective from January 1,2010 through December 31, 2011
Please note: Rates shown are for the period referenced above and are subject to change.
Standard Straight Time Regular Overtime Sunday& Holiday
Labor Rates: (M-F 8 AM to 5 PM) (M-F 5 PM to 8 AM, &Sat)
excl. Holidays
Automation Specialist $179.00 $269.00 $368.00
Engineer $188.00 $281.00 $375.00
Mechanic $168.00 $263.00 $315.00
Preferred Customer Straight Time Regular Overtime Sunday& Holiday
Labor Rates: (M-F 8 AM to 5 PM) (M-F 5 PM to 8 AM, & Sat)
excl. Holidays
Automation Specialist $143.00 _ $215.00 $286.00
Engineer $150,00 $226.00 $300.00
Mechanic $126.00 $189.00 $252.00
Other Charges Sell Price
SAU/FIS/SES Truck Fee"* $50 charge per visit/call
Mileage $.95 per mile
Minimum On-Site Charge non-TSP 4 hours
Minimum On-Site Charge 2 hours
Minimum On-Line Charge 1 hour
Miscellaneous 2% of labor and materials for Automation/Fire/Security
Miscellaneous 5%of labor and materials for Mechanical
' II
Siemens Industry, Inc. 7/13/2011 Page 15
KENT Agenda Item: Consent Calendar — 7I
TO: City Council
DATE: September 6, 2011
SUBJECT: National Recreation and Park Association Grant — Accept
MOTION: Accept the National Recreation and Park Association grant in the
amount of $15,000 to fund the "Take Me Fishing" program, amend the budget and
approve the expenditure of funds in accordance with the grant terms.
SUMMARY: The National Recreation and Park Association awarded the youth and
teen program a $15,000 grant, which is a re-grant from funds originating from the
Recreational Boating and Fishing Foundation's Youth Boating and Fishing Initiative.
This program will serve to engage young people and their families in recreational
fishing and boating opportunities.
Award and acceptance of these grant funds does not commit the City to sustaining or
continuing these programs once the grant period ends. The grant agreement period is
July 1, 2011 to September 1, 2012, with all grant funds expended by June 30, 2012.
EXHIBITS: NRPAAward Letter/MOU
RECOMMENDED BY: Parks and Human Services Committee
BUDGET IMPACTS: This revenue and expense will impact the Youth and Teen
Budget
�p gyp/ gyp py a o Reclirc�atioFl
and Park Association
July 8, 2011
Julie Strangle
Kent Parks, Recreation and Community Services
220 4" Ave. So.
Kent, WA 98032
Dear Ms. Strangle,
Congratulations! Kent Parks, Recreation and Community Services has been selected as
a grant recipient of the 2011-2012 Take Me Fish!ngTM program, supported by the
Recreational Boating and Fishing Foundation's (RBFF)Youth Boating and Fishing
Initiative.
The category in which you have been awarded funding is:
Category: New Programs Grant
Funding Amount: $15,000
Please have this agreement signed and returned to
cpittardonrpa.org by July 13, 2011.
As a Take Me Fishing grantee, your efforts will serve to build and sustain programs and
opportunities to engage young people and their families in recreational fishing and
boating. These efforts will augment public awareness and appreciation for the need of
protecting, conserving and restoring the nation's aquatic resources.
i
The grant agreement period is July 1, 2011 to September 1, 2012. During this
period, your agency is expected to:
1. Engage a minimum of 3,250 youth ages 6-15 and/or families by September 1,
2012 in recreational fishing and boating activities. Ensure that 25% of these
participants belong to a minority group as outlined by the US Census.
2. Expend all grant funds in total by June 30, 2012.
3. Submit progress reports with budget updates via an online tool** provided by
NRPA on the following dates:
a. 1s` quarter progress report - October 1;2011
b. 2"d quarter progress report- January 1, 2012
c. 3rd quarter progress report - April 1, 2012
d. 4`h quarter progress report- June 1, 2012
e. Final report- September 1, 2012
**The online tool will be provided at a later date.
22377 Belmont Ridge Road I Ashburn, Virginia 120148 www,nrpa.org
703.858,0874 1 Fax 703.858.0794
O� ^ s
NatlonM
4. Report any evidence of collaboration with local and state level stakeholders (i.e.,
state wildlife agency, local businesses (non-profit and/or other government
organization), retailers, local clubs/organizations, etc.
5. Offer at least one multi-experience program with at least six sessions that
includes an environmental component and RBFF's Passsport to Boating and
Fishing (access will be provided by NRPA).
6. Conduct participant pre and post surveys that measure attitudes and behavior
changes. Surveys to be provided by NRPA for adults and youth participants.
I
7. Sign and return to NRPA the attached logo usage agreement for RBFF. Include,
where applicable, the Take Me Fishing and NRPA logos in all promotional,
advertising and communication messaging.
8. Participate in the following NRPA Take Me Fishing webinars (dates TBD)
I
• Orientation
• Fundraising Strategies
• Building Sustainable Programs
9. As stated in the Federal Administration requirements, you must adhere to all
Office of Management Budget Cost Principles as outlined in 2 CFR 230 —Cost
Principles for Nonprofit Organizations. Listed below are some of the highlights
that pertain to park and recreation agencies receiving funds through the Take Me
Fishing program:
• Agree to notify NRPA of any changes in scope of project as submitted in
grant application, or changes in key personnel
• Ensure tangible, nonexpendable, equipment not exceed purchase price of
grant funds for a single unit.
• Funds may not be used for land, including improvements and structures,
lobbying or advocacy efforts, tangible personal property other than equipment
and intangible property—trademarks, copyrights, patents and patent
applications.
• Grant records must be maintained for 3 years (from July 1, 2011)
• Timekeeping: Grantees must ensure that employee time is appropriately
allocated to grant projects
10. Submit to NRPA copies of all photos, marketing and communications materials,
testimonials from program participants, and stakeholders, which will be shared
with RBFF and their constituents. Photo release forms available upon request.
As a Take Me Fishing grant recipient you will receive the following items:
1. Awarded grant funds
2. Access to RBFF marketing and promotional materials including:
a. Take Me Fishing event planning tool kit,
b. Passport to Fishing
c. Best Practices Workbook,
d. Logos and marketing guides
22377 Belmont Ridge Road ( Ashburn, Virginia 120148 1 www.nrpa.orcl
703.858.0874 1 Fax 703.858.0794
National Recreation
and ParkAssociation
3. Access to NRPA's online training course Boating and Fishing Best Practices
4. NRPA's Boating and Fishing Community Resource Guide
Please acknowledge agreement to these terms by signature of the department director
or other appropriate authority by July 13, 2011. Upon receipt of this signed form, a
check shall be issued.
Sign ture
Printed Name
1(V4 t� b� 1�Y�S. 1'v`i d 1"vim. LD 4 I*;7
Title
Once signed, please scan and e-mail this to Colleen Pittard, Partnerships Manager, at
cpittardCa2nrpa.org. Please do not hesitate to contact Colleen directly at (703) 858-4741
should you have any questions.
Sincerely,
i
Sielinde Friedman
Chief, Business Development
22377 Belmont Ridge Road Ashburn, Virginia 20148 www.nrpa.org
703.858.0874 1 Fax 703.858.0794
KENT Agenda Item: Consent Calendar — 73
TO: City Council
DATE: September 6, 2011
SUBJECT: Puget Sound Energy Easement — Authorize
MOTION: Authorize the Mayor to sign an easement allowing Puget Sound
Energy to place overhead facilities on City property at the Briscoe Levee, 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 over the Briscoe Levee,
which is owned by Kent. The new lines would be placed 45-feet over the existing
ground to allow for higher vegetation near the Green River. The easement also
includes provisions to allow for levee repair and construction with the lines in place. If
work is required near the lines PSE will accommodate the work at its expense.
EXHIBITS: Easement, Exhibit A — Legal Description of easement and Exhibit B —
Vicinity Map
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: PSE would pay the City $877.00 for this easement. The money
would be paid into the stormwater utility and used for levee improvements.
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: Engineering/Property Services
Grantor: City of Kent, a municipal corporation
Grantee: Puget Sound Energy, Inc.
Abbreviated Legal Description: Ptn of NW 02, T 22N, R 04E
Additional Legal Description on Exhibit A
Assessor Parcel No. 022204-9047 STR: 2-22-05
Project Name: Permit No.
Document Date:
Utility Easement
(Corporate)
THIS INSTRUMENT is made this day of 2011, by and
between CITY OF KENT, a municipal corporation of King County, State of
Washington, hereinafter called "Grantor" and PUGET SOUND ENERGY, a
Washington corporation hereinafter called "Grantee."
Grantor, for and in consideration of $877.00 (Eight Hundred Seventy-Seven
and No/100 Dollars) and/or other valuable consideration receipt of which is hereby
acknowledged by Grantor, hereby conveys to Grantee an easement for the
purposes described below over and across, subject to the parameters described
below, the property situated in King County, Washington ("Easement Area") that
is described in Exhibit "A," attached and made a part hereto.
1. Purpose. Upon receipt of prior written permission from the City of
Kent, which shall not be unreasonably conditioned or delayed, Grantee shall have
the right to use Easement Area to construct, operate, maintain, repair, replace,
improve, remove, enlarge, and use one or more utility systems for purposes of
transmission, distribution, and sale of electricity. Such systems may include:
Overhead facilities. Electric transmission and distribution lines;
fiber optic cable and other lines, cables, and facilities for
communications, and any and all other overhead facilities or
appurtenances necessary or convenient to any or all of the foregoing.
The overhead facilities shall be constructed so that its minimum height
above the top of the levee is Forty Five feet (45'). No permanent
facilities will be allowed under this height above the top of the levee. No
poles, towers, or other facilities outside the Easement Area shall base
their foundation or stability upon the soil within or beneath the Green
River levee or adjacent land within the Easement Area.
Following the initial construction of all or a portion of its systems, Grantee
may, from time to time, construct such additional overhead facilities as it may
require for such systems. Grantee shall have the right of access to the Easement
Area over and across the Property to enable Grantee to exercise its rights
hereunder. Grantee shall compensate Grantor for any damage to the Property
caused by the exercise of such right of access by Grantee.
2. Easement Area Clearing and Maintenance. Upon receipt of prior
written permission from the City of Kent, which shall not be unreasonably
conditioned or delayed, Grantee shall have the right to cut, remove, and dispose
of any and all brush, trees, or other vegetation in the Easement Area that may
endanger its overhead facilities. Upon receipt of a permit from the City of Kent,
Grantee shall also have the right to control, on a continuing basis and by any
prudent and reasonable means, the establishment and growth of brush, trees or
other vegetation in the Easement Area that may endanger its overhead facilities.
Grantee shall not remove brush, trees, or other vegetation in the Easement Area
unless it has been shown to be a danger to its overhead facilities to the
satisfaction of the City of Kent. Due to the current listing of several species of
salmon as threatened under the federal Endangered Species Act, mitigation for
any removal of brush, trees, or other vegetation may be required in the permit.
3. Grantor's Use of Easement Area. Grantor reserves the right to use
the Easement Area for any purpose not inconsistent with the rights herein
granted. In particular, Grantor may enter the Easement Area to alter, install,
operate, maintain, extend, construct, repair, or reconstruct the Green River
Levees, provided, however, Grantor shall not disturb or destroy Grantee's
overhead facilities, or in the event they are disturbed or destroyed by Grantor,
Utility Easement - Page 2 of 6
Grantor shall replace the facilities in as good a condition as they were immediately
before the destruction by Grantor. Grantor shall do no blasting within 300 feet of
Grantee's facilities without Grantee's prior written consent.
4. Indemnity. Grantee shall defend, indemnify, and hold Grantor, its
officers, officials, employees, agents, and volunteers harmless from any and all
claims, injuries, damages, losses, or suits, including all legal costs and reasonable
attorney fees, arising out of or in connection with Grantee's exercise of its rights
under this Easement, except for that portion of the injuries and damages caused
by the City's negligence.
S. Abandonment. The rights herein granted shall continue until such
time as Grantee ceases to use the Easement Area for a period of five (5)
successive years, in which event, this easement shall terminate and all rights
hereunder, and any improvements remaining in the Easement Area, shall revert to
or otherwise become the property of Grantor; provided, however, that no
abandonment shall be deemed to have occurred by reason of Grantee's failure to
initially install its systems on the Easement Area within any period of time from
the date hereof.
6. Shut down. Grantor shall have the right, upon a minimum of six
months prior notice of work on the Green River Levee by the City of Kent or King
County Flood Control District in the Easement Area, and a minimum of two weeks'
notice of a schedule of work within the Easement Area, to require shut down of
the overhead facilities for the purpose of the safety of the workers and equipment
accomplishing the levee repair or improvement work. Grantee shall pay for all
costs associated with any shut down of the overhead facilities required by Grantor.
GRANTOR(S):
CITY OF KENT
By: Suzette Cooke
Its: Mayor
Date:
Utility Easement - Page 3 of 6
GRANTEE(S):
PUGET SOUND ENERGY
By: Brett Bolton
Its: Manager Real Estate
Date:
Utility Easement - Page 4 of 6
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 Bon
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
Utility Easement - Page 5 of 6
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Brett Bolton is the
person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Manager Real Estate of Puget Sound Energy, Inc. 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.
NOTARY PUBLIC, in and for the State of
Washington residing at
My appointment expires
APPROVED AS TO FORM:
Kent Law Department
P:\Civil\Flies\Open Flies\0177-2011 Public Works General\lUTILHY easement-PSE Green River(2).docx
Utility Easement — Page 6 of 6
EXHIBIT "A"
Legal Description of Easement
Portion of Tax Lot No, 022204-9047
An EASEMENT along a strip of land, situate in the City of Kent, King County,
State of Washington, being a portion of the parcel of land conveyed by the Union Pacific
Land Resources Corporation to the City of Kent, as described in the Donation Quitclaim
Deed, recorded under King County recording number 80022OO475, located in the
Southwest Quarter of the Northwest Quarter of Section 2,Township 22 North, Range 4
East, Willamette Meridian, described as follows:
A strip-of-land-5O.00 feet in width, the perimeter boundaries of which are described as
follows. Commencing at the Southeasterly corner of Lot A of City of Kent Lot Line
Adjustment LL92--12., recorded under King County recording number 921O290677, being a
point on, the Westerly Right-of-Way line of South 194th Street (58th Place South);
Thence North 58021'52" West, along the line common to Lot A and Lot B of said Lot Line
Adjustment LL 92-12, 130,74 feet to the Easterly line of said parcel of land conveyed by
the Union Pacific Land Resources Corporation to the City of Kent, being the TRUE POINT
OF BEGINNING of the herein described strip-of-land;
THENCE North 25001` 13" East, along said Easterly line, 34.08 feet;
THENCE, leaving said Easterly tine, North 57"44'23" West 114.50 feet to the "Ordinary
High Water Line" of the Right Bank of the Green River;
THENCE South 30052'19" West, along said "Ordinary High Water Line",-50.01 feet;
THENCE', leaving said "Ordinary High Water Line" South 57044'23-" East 1.1-8.35 feet to
the Easterly line of said parcel of land conveyed by the Union Pacific Land Resources
Corporation to the City of Kent;
I HENCE North 31 035'12" East, along the said Easterly line, 11.23 feet;
THENCE, continuing along said Easterly line, North 25001'13" East 5.00 feet, to the True
Point of Beginning.
The above-described periteter boundaries encompass approximately 5,846 square feet,
more or less,'
a s, ter, End of Description
y y
_F_gg fyyj/. yS�VF 1'�'y
41024sw ` Prepared by Scott Edwards, PL5 August 9,2030
j°O 14 r <w APSSurveytx' Mapping
L 13221 SE 26''Street,Suite A
{ zoio Bellevue,WA 9805
Phone 425 746 3200
Page 1 of 1
, I:00529g\legal descripuons%easement exhfbit a�easement 23 rev o80910.docg
EXHIBIT "B"
Easement Exhibit Map
Portions of the NW 1/4 of Section 02,
Township 22 North, Range 4 East,
Willamette Meridian, King County,
State of Washington
./DONATION QUITCLAIM DEED 0 25' 50'
REC. No. 8002200475 � = 50'
AS SHOWN AS TRACT "A"
SOUTHCENTER CORPORATE PARK
VOL. 114, PAGES 36-42
TAX LOT No. 022204-9047
LOT A — ILL 92-12
p KENT LOT LINE ADJUSTMENT
✓��� / / EASEMENT �! 1�'x REC. No. 9210290677
/5/846t SQ. FTr / r1�0' TAX LOT No. 788880-0180
,TRUE, POINlT
¢23 OF BEGINNING
NS82 01760
30
'fig• /
_ LOT B — LL 92-12
,L KENT LOT LINE ADJUSTMENT
{` ,,` REC. No. 9210290677
'v TAX LOT No. 788880-0190
t; LINE TABLE p'
SURVEY.. MAPPING LINE N2B501I13-E DISTAN 34.G8� tcl
L2 N31'35'12"E 11.23' U
13221 S.E.26TH,STREET, SUITE A L3 N25'01'13"E 5.00'
BELLEVUE,WASHING TON 98005
TEL, (425)746-3200 =
FAX:(425)746-3342
PREPARED BY SCOTT EDWARDS, PLS 00
AUGUST 9, 2010 — JOB N0. 1005.258 i
EASEMENT-23 REV 080910.DWG
KENT Agenda Item: Consent Calendar — 7K
TO: City Council
DATE: September 6, 2011
SUBJECT: Central Avenue S. Sidewalk Replacement & Storm Water
Forcemain Contract - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Contract with
Jason Engineering & Consulting Business, Inc. in an amount not to exceed $66,725
for materials, testing, and inspection services related to the construction of the
Central Avenue South Sidewalk Replacement and Storm Water Forcemain Project,
subject to final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: Public Works Engineering is contracting for the improvement of the
west side of Central Avenue South, from the Aukeen Courthouse (Horseshoe Bend
Storm Water Pump Station) to Titus Street. The scope of work includes removing and
replacing a significant amount of concrete sidewalk, curb, gutter, and commercial
driveways and installing approximately 4,300 feet of 18 inch storm water pipe that will
eventually be connected to a larger pump system at James Street, east of Central
Avenue.
This is the first phase of a multi-phase project that will provide relief of roadway
flooding at James Street and the Senior Center during peak storm events.
Sound engineering practices dictate that rock, asphalt and concrete are tested to
insure they meet specifications and that trench backfill material is compacted to the
required density to support the new concrete sidewalk and driveways. Materials
analysis and density testing requires a laboratory with certified equipment and
personnel which the City does not possess. Jason Engineering & Consulting Business,
Inc. has the certifications and expertise to perform these duties and was selected
based on their qualifications.
EXHIBITS: Contract and area map
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: This work is included in the project budget.
i
KENT
WASHINGTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Jason Engineering & Consulting Business, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Jason Engineering & Consulting Business, Inc. organized under the
laws of the State of Washington, located and doing business at PO Box 181, Auburn, WA 98071,
Phone: (206) 786-8645/Fax: (253) 833-7316, Contact: Jason Bell (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 testing and inspection services for the Central Ave. S.
Sidewalk Replacement and Storm Water Forcemain project. For a description, see
the Consultant's August 3, 2011 Scope of Work which is attached as Exhibit A and
incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
December 31, 2012.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Sixty Six Thousand, Seven Hundred Twenty Five Dollars ($66,725.00), 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 - I
(Over$10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
i
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
i
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.
I
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules 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 shalt 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:
Jason Bell Timothy J. LaPorte, P.E.
Jason Engineering & Consulting Business, Inc. City of Kent
PO Box 181 220 Fourth Avenue South l
Auburn, WA 98071 Kent, WA 98032
(206) 786-8645 (telephone) (253) 856-5500 (telephone)
(253) 833-7316 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
)EC9-Central/Tenerelli
i
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.
I
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 Y
project b the Contractor awarded the
p J
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 20
By.
For:
Title:
Date:
III
EEO COMPLIANCE DOCUMENTS - 3
Jason Geotecbmcal Engineering Rev Date: 08-03-2011
Engineering& Retaining Wall/Pavement Design Project: South Central Force
Consulting Construction Management Main, Kent#10-3009C
/
Business, Inc. WABO AASHTO Inspection &Testin�J / P g File#: p11-036
Scope of Services, ExhibitA
These rates will apply for the duration of the project to meet the testing and inspection requirements for
your project: South Central Force Main,Kent#10-3009C. Estimated duration,120 days
i
Provide onsite construction inspection and recommendations regarding construction materials as
requested.
Observe placement and procedures of materials. Provide density tests to confirm compaction and
testing specification requirements.
s� Sample imported material to evaluate and confirm specification requirements. This includes
laboratory testing for each material type encountered and/or imported to the site. Testing methods
will be performed according to current applicable standards,
o- Provide miscellaneous professional services related to this project as directed.
v- Provide to the owner within two hours of discovery, notification of failing test results related to
materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's
Representative.
" Provide time sheets with each invoice that verify consultant employee(s), day, date and times worked,
hourly rate, total per day, mileage; tests performed and test fees, and any other pertinent information
required to verify invoiced charges.
e`er Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A
Licensed P.E. reviews all reports and computer-generated copies are mailed to all parties on the
project distribution list.
" The hourly rate is based upon portal-to-portal time, The hourly rates shown below are applicable for
all work performed, There is a minimum charge of 2 hours for normal inspection and professional
engineering services (weekends are minimum 4 hours).
" An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal 8 hour
working day, and legal holidays.
" Equipment & materials will include equipment used by an inspector the field in the performance of
normal inspection duties.
" Unit rates valid for anticipated duration of the project.
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Phone: (206)-786-8645 Fax:(253) 833-7316 Email:JasonQjasonengineering.com
PO Box 181 Auburn WA.98071
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Jason Geotechnical Engineering Rev Date: 08-03-2011
Central
{k, CoEngineerinnsulti tgg& Retaining Construction ManagementMan, Kent tit 3009C Force
Business, Inc. WABO/AASHTO Inspection&Testing File#:p11-036
Schedule of Fees & Services, Exhibit B
PROFESSIONAL SERVICES Unit Rate Item Total
100 Construction Management Inspector $60.00 per hour $6,000.00 'I
80 Asphalt Inspection&Monitoring w/Densometer $60.00 per hour $4,80R00
200 Concrete Inspection&Monitoring $60.00 per hour $12,000.00
500 Soils Inspection&Monitoring w/Densometer $60.00 per hour $30,000.00
10 Professional Engineering Services $95.00 perhour $950.00
70 Administrative services $40,00 per hour $2,800.00
50 trip fee per round trip, non-resident inspector $15.00 per trip $750.00
OT/ I loliday hours 1.5 x rate per hour
LABORATORY SERVICES Unit Rate Item Total
5 Asphalt,Ignition&Gradation $150.00 each $750.00
5 Asphalt,Rice Specific Gravity $85.00 each $425.00
200 Concrete/Grant Cylinders/Prisms $20A0 each $4,000.00
10 Soil,Fracture Count $75.00 each $750.00
10 Soil,Proctor(Standard or Modified) $150.00 each $1,500,00
10 Soil,Sand Equivalent Test $75.00 each $750 D0
10 Soil,Sieve Analysis with #200 wash 5125.00 each $1,25000
Soil,Unit weight $30.00 each
Estimated Project Total: $66,725.00
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Phone: (206)-786-8645 Fax: (253) 833-7316 Email:JasonC)jasonengineering.com
PO Box 181 Auburn WA, 98071
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. The City shall be named as an
Additional Insured under the Consultant's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
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:
EXHIBIT C (Continued)
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.
1. 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.
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2. 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 j
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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KENT Agenda Item: Consent Calendar — 7L
TO: City Council
DATE: September 6, 2011
SUBJECT: Commute Trip Reduction Grant Agreement — Authorize
MOTION: Authorize the Mayor to sign the Transportation Demand
Management Implementation Agreement with the Washington State Department of
Transportation #GCA6894 for the term July 1, 2011 through June 30, 2013, subject
to final terms and conditions acceptable to the City Attorney and the Public Works
Director.
SUMMARY: This agreement is between the Washington State Department of
Transportation (WSDOT) and the City of Kent. The City is required by State Law to
enforce the regulations specified in RCW 70.94.521 related to commute trip reduction
(CTR). The purpose of this agreement is to allocate two years of funding for the
2011-2013 state budgeted biennium. The City pays to enforce the state law, then is
reimbursed for costs incurred based on a formula devised by the State Department of
Transportation, Public Transportation Office. For the 2011-2013 biennium, the
funding agreement is for $106,007.00, or $53,003.50 annually.
There are currently 30 organizations required by law to participate in the CTR
program and another 7 companies that voluntarily participate. Altogether, these 37
participants represent more than 15,000 employees in Kent.
EXHIBITS: Implementation Agreement
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: There is no required match to this state grant. The grant funds
cover roughly half the salary of one, full-time employee to administer the program.
Transportation Demand Management
Implementation Agreement
Washington State Department of Contractor
Transportation City of Kent
310 Maple Park Avenue SE 220 4th Ave S
PO Box 47387 Kent, WA 98032
Olympia,WA 98504-7387
Contact Person: Kathy Johnston Contact Person: Cathy Mooney
Federal ID #: 91-6001254
Project Costs: Scope of Project: Carry out the
State Funds $106,007 Project as described in Exhibit 1, Project
Contractor Funds $0 Scope of Work
Total Project Cost $106,007
Agreement Number:
GCA6894
Term of Project: Service Area: Kent
July 1, 2011 through June 30, 2013
This AGREEMENT is entered into by the Washington State Department of
Transportation, hereinafter referred to as "WSDOT" and the Contractor identified above,
hereinafter referred to as "CONTRACTOR", and/or individually referred to as the
"PARTY" and collectively referred to as the "PARTIES."
WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the State's leadership
role, and the requirements and parameters to reduce traffic congestion, fuel use, and air
pollution through the Commute Trip Reduction programs, including the Growth and
Transportation Efficiency Centers in Washington State; and
WHEREAS, RCW 47.06.050 requires that when planning capacity and operational
improvements, the State's first priority is to assess strategies to enhance the operational
efficiency of the existing system, and states that strategies to enhance the operational
efficiencies include, but are not limited to, access management, transportation system
management, and demand management("Strategies"); and
WHEREAS, RCW 47.01.078 directs the State to develop strategies to reduce the per
capita vehicle miles traveled, to consider efficiency tools including commute trip
reduction and other demand management tools, and to promote the integration of
multimodal planning in support of the transportation system policy goals described in
RCW 47.04.280; and
WHEREAS, the Legislature has directed the State to increase the integration of public
transportation and the highway system, to facilitate coordination of transit services and
planning, and to maximize opportunities to use public transportation to improve the
efficiency of transportation corridors (RCW 47.01.330); and
WHEREAS, RCW 47.80.010 encourages the State and local jurisdictions to identify
opportunities for cooperation to achieve statewide and local transportation goals; and
GCA6894 Page 1 of 14
WHEREAS, the State of Washington in its Sessions Laws of 2011, chapter 367, Section
220(8) and (9), authorizes funding for Public Transportation and Commute Trip
Reduction programs and other special proviso funding through the multi-modal
transportation account as identified in the budget through its 2011-2013 biennial
appropriations to WSDOT; and
WHEREAS the WSDOT Public Transportation Division is responsible for administering
funds on behalf of the Washington State Legislature;
NOW, THEREFORE, in consideration of terms, conditions, performances and mutual
covenants herein set forth and the attached Exhibit I, "Project Scope of Work" and
Exhibit II, "Project Progress Reports", which are both incorporated and made a part of
this AGREEMENT, IT IS MUTUALLY AGREED AS FOLLOWS:
Section 1
Purpose of Agreement
The purpose of this AGREEMENT is for WSDOT to provide funding to the
CONTRACTOR to be used solely for activities undertaken to fulfill the requirements of
RCW 70.94.521 through RCW 70.94.555, hereinafter known as the "Project."
Section 2
Scope of Work
The CONTRACTOR agrees to perform all designated tasks of the Project under this
AGREEMENT as described in Exhibit I, "Project Scope of Work," which by this
reference is incorporated into this AGREEMENT as if fully set forth herein.
Section 3
Term of Project
The CONTRACTOR shall commence, perform and complete the Project within the time
defined in the caption space header above titled "Term of Project" of this AGREEMENT
regardless of the date of execution of this AGREEMENT, unless terminated as provided
herein. The caption space header above entitled' "Term of Project" and all caption space
headers above are by this reference incorporated into this AGREEMENT as if fully set
forth herein.
Section 4
Project Costs
The total reimbursable cost to accomplish the Project Scope of Work shall not exceed the
"State Funds" detailed in the caption space header above titled "Project Costs." The
CONTRACTOR agrees to expend eligible "State Funds" together with any "Contractor
Funds" identified above in the caption space header "Project Costs," in an amount
sufficient to complete the Project as detailed in Exhibit I, "Project Scope of Work." If at
any time the CONTRACTOR becomes aware that the cost which it expects to incur in
the performance of this AGREEMENT will differ from the amount indicated in the
caption space titled "Project Costs" above, the CONTRACTOR shall notify WSDOT in
writing within three (3) business days of making that determination.
Section 5
Reimbursement and Payment
A. Payment will be made with State Funds by WSDOT on a reimbursable basis for actual
costs and expenditures incurred while performing eligible direct and related indirect
GCA6894 Page 2 of 14
Project work during the Project period provided that payment is subject to the submission
to and approval by WSDOT of properly prepared invoices that substantiate the costs and
expenses submitted by CONTRACTOR for reimbursement and that are accompanied by
progress reports and financial summaries as required in Section 7 — Progress Reports.
The CONTRACTOR must submit an invoice using either State of Washington Form A-
19 (Invoice Voucher), a copy of which is attached hereto as Exhibit V and by this
reference incorporated into this AGREEMENT or a format approved by WSDOT. Such
invoices may be submitted no more than once per month and no less than once per year,
during the course of this AGREEMENT. If approved by WSDOT, said invoices shall be
paid by WSDOT within thirty(30) days of receipt of the invoice.
B. The CONTRACTOR shall submit an invoice by July 15, 2012, for any unreimbursed
eligible expenditures incurred between July 1, 2011, and June 30, 2012. If the
CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall
provide an estimate of the charges to be billed so WSDOT may accrue the expenditures
in the proper fiscal period. Any subsequent reimbursement request submitted will be
limited to the amount accrued as set forth in this section. The CONTRACTOR shall
submit a final invoice to WSDOT no later than July 15, 2013. Any invoice received after
July 15, 2013 will not be eligible for reimbursement.
Section 6
Project Records
The CONTRACTOR agrees to establish and maintain for the Project, either a separate set
of accounts or, accounts within the framework of an established accounting system in
order to sufficiently and properly reflect all eligible direct and related indirect Project
costs incurred in the performance of this AGREEMENT. Such accounts are referred to
herein collectively as the "Project Account." All costs claimed against the Project
Account must be supported by properly executed payrolls, time records, invoices,
contracts, and payment vouchers evidencing in sufficient detail the nature and propriety
of the costs claimed.
Section 7
Progress Reports
The CONTRACTOR shall submit quarterly progress reports to WSDOT so that WSDOT
may adequately and accurately assess the progress made under the terms of this
AGREEMENT. The progress reports shall be prepared as prescribed by WSDOT on the
forms provided in Exhibit II, "Project Progress Report" and/or as provided and modified
by WSDOT staff. The CONTRACTOR shall provide a final progress report, as
prescribed in Exhibit III, "Final Project Progress Report" and/or as provided and
modified by WSDOT staff. Progress reports shall be submitted to WSDOT no later than
forty-five (45) days from the end of each calendar quarter.
Section 8
Audits, Inspections, and Records Retention
WSDOT, the State Auditor, and any of their representatives, shall have full access to and
the right to examine, during normal business hours and as often as they deem necessary,
all of the CONTRACTOR's records with respect to all matters covered by this
AGREEMENT. Such representatives shall be permitted to audit, examine and make
excerpts or transcripts from such records, and to make audits of all contracts, invoices,
GCA6894 Page 3 of 14
materials, payrolls, and other matters covered by this AGREEMENT. In order to
facilitate any audits and inspections, the CONTRACTOR shall retain all documents,
papers, accounting records, and other materials pertaining to this AGREEMENT for six
(6) years from the date of completion of the Project or the Project final payment date.
However, in case of audit or litigation extending past that six (6) years period, then the
CONTRACTOR must retain all records until the audit or litigation is completed. The
CONTRACTOR shall be responsible to assure that the CONTRACTOR and any
subcontractors of CONTRACTOR comply with the provisions of this section and
provide, WSDOT, the State Auditor, and any of their representatives, access to such
records within the scope of this AGREEMENT.
Section 9
Agreement Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in
the Scope of Project. Such changes that are mutually agreed upon shall be incorporated
as written amendments to this AGREEMENT. No variation or alteration of the terms of
this AGREEMENT shall be valid unless made in writing and signed by authorized
representatives of the PARTIES hereto.
B. If an increase in funding by the funding source augments the CONTRACTOR's
allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree
to enter into an amendment to this AGREEMENT, providing for an appropriate change in
the Scope of Project and/or the Project Cost in order to reflect any such increase in
funding.
C. If a reduction of funding by the funding source reduces the CONTRACTOR's
allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree
to enter into an amendment to this AGREEMENT providing for an appropriate change in
the Scope of Project and/or the Project Cost in order to reflect any such reduction of
funding.
Section 10
Recapture Provision
In the event that the CONTRACTOR fails to expend State Funds in accordance with state
law and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture
State Funds in an amount equivalent to the extent of noncompliance. Such right of
recapture shall exist for a period not to exceed three (3) years following termination or
expiration of this AGREEMENT. The CONTRACTOR agrees to repay such State Funds
under this recapture provision within thirty(30) days of demand.
Section 11
Disputes
A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the
performance of this AGREEMENT the CONTRACTOR may submit a written detailed
description of the dispute to the Public Transportation Division's Statewide
Transportation Demand Management Programs Manager or the Statewide
Transportation Demand Management Programs Manager's designee who will issue a
written decision within ten calendar (10) days of receipt of the written description of the
dispute. This decision shall be final and conclusive unless within ten (10) days from the
date of CONTRACTOR's receipt of WSDOT's written decision, the CONTRACTOR
GCA6894 Page 4 of 14
mails or otherwise furnishes a written appeal to the Director of the Public Transportation
Division or the Director's designee. hi connection with any such appeal the
CONTRACTOR shall be afforded an opportunity to offer material in support of its
position. The CONTRACTOR's appeal shall be decided in writing within thirty(30) days
of receipt of the appeal by the Director of the Public Transportation Division or the
Director's designee. The decision shall be binding upon the CONTRACTOR and the
CONTRACTOR shall abide by the decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, the
CONTRACTOR shall continue performance under this AGREEMENT while matters in
dispute are being resolved.
Section 12
Termination
WSDOT, at its sole discretion, may suspend or terminate this AGREEMENT in whole,
or in part, for the reasons following:
A. The CONTRACTOR materially breaches, or fails to perform any of the requirements
of this AGREEMENT and after fourteen (14) days written notice, has failed to cure the
condition(s) causing that breach. Conditions of breach may include, but are not limited
to:
1. Any action taken by the CONTRACTOR without WSDOT approval, which under
the provisions of this AGREEMENT, required WSDOT approval;
2. Failure to perform in the manner called for under this AGREEMENT; or
3. Failure to comply with any provision of this AGREEMENT;
B. The CONTRACTOR is prevented from proceeding with this AGREEMENT by
reason of a temporary, preliminary, special, or permanent restraining order or injunction
of a court of competent jurisdiction where the issuance of such order or injunction is
primarily caused by the acts or omissions of persons or agencies other than the
CONTRACTOR;
C. The requisite State funding is reduced or becomes unavailable through failure of
appropriation or otherwise;
D. WSDOT determines that the continuation of the Project would not produce beneficial
results commensurate with the further expenditure of funds;
E. WSDOT, at its sole discretion, determines to accept a request made in writing by the
CONTRACTOR to terminate this AGREEMENT in whole or in part; or
F. WSDOT determines that suspension or termination is in the best interests of the State.
If this AGREEMENT is terminated under subsections B, C, D, E, and/or F of this
Section, the CONTRACTOR may be reimbursed only for actual, eligible direct and
related indirect expenses incurred prior to the date of termination, and then only to the
extent of awarded funds. If this AGREEMENT is terminated under subsection A of this
Section, the WSDOT shall not be obligated to provide any additional reimbursement, and
WSDOT shall retain all rights to seek recapture or damages from the CONTRACTOR.
Section 13
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise
afforded by applicable law, shall not be a waiver of or preclude the exercise of any such
right or remedy.
GCA6894 Page 5 of 14
Section 14
Waiver
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute
or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and
shall in no way impair or prejudice any right or remedy available to WSDOT with respect
to any breach or default. hi no event shall acceptance of any WSDOT payment of grant
funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR
of any WSDOT breach, or default which shall in no way impair or prejudice any right or
remedy available to CONTRACTOR with respect to any breach or default.
Section 15
WSDOT Advice
The CONTRACTOR bears complete responsibility for the administration and success of
the work as it is defined in this AGREEMENT and any amendments thereto. Although
the CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice
shall not modify the CONTRACTOR's rights and obligations under this AGREEMENT
and WSDOT shall not be held liable for any advice offered to the CONTRACTOR.
Section 16
Limitation of Liability and Indemnification
A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents,
employees, and officers and process and defend at its own expense any and all claims,
demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter
referred to collectively as "claims'), of whatsoever kind or nature brought against
WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the
CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT.
This indemnity provision applies to all claims against WSDOT, its agents, employees and
officers arising out of, in connection with or incident to the negligent acts or omissions of
the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing
herein shall require the CONTRACTOR to indemnify and hold harmless or defend the
WSDOT, its agents, employees or officers to the extent that claims are caused by the
negligent acts or omissions of the WSDOT, its agents, employees or officers. The
indemnification and hold harmless provision shall survive termination of this
AGREEMENT.
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and
the employees of the CONTRACTOR or its subcontractors and the employees thereof,
shall not in any manner be deemed to be the employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by
CONTRACTOR's employees and/or subcontractors and solely for the purposes of this
indemnification and defense, the CONTRACTOR specifically waives any immunity
under the State Industrial Insurance Law, Title 51 Revised Code of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or
other legal expenses to enforce the provisions of this section of this AGREEMENT
against the other PARTY, all such fees, costs and expenses shall be recoverable by the
prevailing PARTY.
GCA6894 Page 6 of 14
Section 17
Governing Law, Venue, and Process
This AGREEMENT shall be construed and enforced in accordance with, and the validity
and performance thereof shall be governed by the laws of the State of Washington. In the
event that either PARTY deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this AGREEMENT,the PARTIES hereto agree that
any such action shall be initiated in the Superior Court of the State of Washington
situated in Thurston County. The CONTRACTOR hereby accepts service of process by
registered mail consistent with RCW 4.28.080(1) or(2) as applicable
Section 18
Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable State and Federal laws and
regulations, including, but not limited to, those concerning employment, equal
opportunity employment, nondiscrimination assurances, Project record keeping necessary
to evidence AGREEMENT compliance, and retention of all such records. The
CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60
RCW. The CONTRACTOR will also comply with the Americans with Disabilities Act
(ADA), Public Law 101-336, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment public accommodations, state
and local government services and telecommunication.
Section 19
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such
adjudication shall not affect the validity or obligation of performance of any other
covenant or provision, or part thereof, that in itself is valid if such remainder conforms to
the terms and requirements of applicable law and the intent of this AGREEMENT. No
controversy concerning any covenant or provision shall delay the performance of any
other covenant or provision except as herein allowed.
Section 20
Counterparts
This AGREEMENT may be executed in several counterparts, each of which shall be
deemed to be an original having identical legal effect. The CONTRACTOR does hereby
ratify and adopt all statements, representations, warranties, covenants, and agreements
and their supporting materials contained and/or mentioned in such executed counterpart,
and does hereby accept State Funds and agrees to all of the terms and conditions thereof.
Section 21
Execution
This AGREEMENT is executed by the Director of the Public Transportation Division,
State of Washington, Department of Transportation, or the Director's designee, not as an
individual incurring personal obligation and liability, but solely by, for, and on behalf of
the State of Washington, Department of Transportation, in his/her capacity as Director of
the Public Transportation Division.
GCA6894 Page 7 of 14
Section 22
Binding Agreement
The undersigned acknowledges that they are authorized to execute the AGREEMENT
and bind their respective agency(ies) and/or entitity(ies)to the obligations set forth
herein.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the
day and year last signed below.
WASHINGTON STATE CONTRACTOR
DEPARTMENT OF TRANSPORTATION
By: By:
Brian Lagerberg
Director, Public Transportation Print Name:
Title:
Who certifies proper authority
to execute this AGREEMENT
on behalf of the
CONTRACTOR
Date: Date:
Approved as to form only:
By: Susan Cruise
Assistant Attorney General
Date: July 15, 2011
GCA6894 Page 8 of 14
EXHIBIT I
Project Scope of Work
Commute Trip Reduction (CTR)
1. Scope of Work
A. Administrative Work Plan
The CONTRACTOR agrees to submit to W SDOT an administrative work plan by the
end of the first quarter of this agreement or when the CONTRACTOR submits its
first invoice, whichever is sooner.
1. The work plan shall identify the deliverables, schedule, expected
outcomes, performance measures and the budget specific to strategies
associated with this AGREEMENT and other strategies as defined in
approved and locally adopted CTR or GTEC plans. These may include,
but are not limited to, recruiting new employer worksites, reviewing
employer programs, administering surveys, reviewing program exemption
requests, providing employer training, providing incentives, performing
promotion and marketing, and providing emergency ride home and other
commuter services.
2. The administrative work plan budget shall identify how the
CONTRACTOR will use the state funds provided in this AGREEMENT
for each task. The work plan shall also provide an estimate of the other
financial resources not provided in this AGREEMENT will be used to
complete each task.
3. The administrative work plan must be approved in writing by the W SDOT
Project Manager and signed by the CONTRACTOR, and shall be
incorporated as a written amendment to the AGREEMENT. The work
plan may be amended based on mutual written agreement between the
W SDOT Project Manager and the CONTRACTOR.
B. Work to be Performed
The county or city, whichever applies, has enacted or will enact a Commute Trip
Reduction (CTR) ordinance in compliance with RCW 70.94.521-.555. The
CONTRACTOR agrees to implement a CTR program based on the approved
administrative work plan and the draft or adopted local CTR plan and to comply with
all provisions of the applicable county or city ordinance.
C. Quarterly Progress Reports and Invoices
The CONTRACTOR agrees to submit to W SDOT complete quarterly progress
reports, as specified by W SDOT in Section 7—Progress Reports of the
AGREEMENT, in Exhibit II, "Project Progress Report", and as integrated with the
deliverables indentified in the administrative work plan, along with all invoices in
accordance with Section 5 —Reimbursement and Payment of the AGREEMENT. All
invoices shall be complete and accurately reflect actual State funded expenditures.
GCA6894 Page 9 of 14
Only those activities identified in the CONTRACTOR'S approved administrative
work plan will be reimbursed by WSDOT.
D. Final Progress Report
The CONTRACTOR agrees to submit to WSDOT a final progress report as shown in
Exhibit III, "Final Project Progress Report", to replace the last quarterly progress
report in the period of the AGREEMENT. The final progress report shall provide an
estimate of the other financial resources not provided in this AGREEMENT that were
used to complete each task and shall provide a list of the funds provided in this
AGREEMENT that were disbursed by the CONTRACTOR to its eligible contracting
partner(s).
E. Funding Distribution
The CONTRACTOR may distribute funds to local jurisdictions to include counties,
cities, transit agencies, Transportation Management Associations, and Metropolitan
Planning Organizations or other eligible organizations authorized to enter into
agreements for the purposes of implementing CTR/GTEC plans and ordinances as
authorized by RCW 70.94.527(5) and RCW 70.94.544 .
F. Implementation Plans
The CONTRACTOR shall incorporate appropriate sections of the Project Scope of
Work and Incentives Guidance, as well as the approved Work Plan, in all agreements
with eligible contracting partner(s), as necessary, to coordinate the development,
implementation, and administration of the CTR/GTEC plans, and compliance with
applicable ordinances.
G. Appeals and Modifications
The CONTRACTOR shall maintain an appeals process consistent with this
AGREEMENT and applicable ordinances, and procedures contained in the Commute
Trip Reduction Guidelines which may be obtained from WSDOT or found at
http://www.wsdot.wa.gov/tdm/.
H. Coordination with Regional Transportation Planning Organizations (RTPO)
The CONTRACTOR shall coordinate the development and implementation of its
CTR/GTEC plan and programs with the applicable regional transportation planning
organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any
substantial changes to its plans and programs that could impact the success of the
regional CTR plan. The CONTRACTOR agrees to provide information about the
progress of its CTR/GTEC plan and programs to the RTPO upon request.
I. Survey Coordination
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners
for commute trip reduction employer surveys.
J. Planning Data
The CONTRACTOR agrees to provide WSDOT with the program goals established
for newly affected worksites when they are established by the local jurisdiction. The
CONTRACTOR agrees to provide WSDOT with updated program goals for affected
GCA6894 Page 10 of 14
worksites and jurisdictions as requested. These updates shall be submitted
electronically in a format specified by WSDOT.
K. Database Updates
The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's
contracting partners with updated lists of affected or participating worksites,
employee transportation coordinators, and jurisdiction contacts, as requested. These
updates will be submitted in aformat specified by WSDOT.
GCA6894 Page 11 of 14
EXHIBIT II
Project Progress Report
Commute Trip Reduction (CTR) Quarterly Project Report
Reporting quarter: Date:
Organization: Agreement number: GCA
Biennial Estimate of drive-alone trips to reduce to meet goal:
targets
Key
deliverables:
(from workplan)
Completed activities this quarter
Planned activities for next quarter
Describe issues, risks or challenges and resolutions
Estimated expenditures of state funds for this quarter
GCA6894 Page 12 of 14
EXHIBIT III
Final Project Progress Report
Commute Trip Reduction (CTR) Final Project Report
Biennium: 2011-2013 1 Date:
Organization: I IAgreement number: I GCA
Biennial Estimate of drive-alone trips to reduce to meet goal:
targets
Deliverables:
(from work plan)
Describe your progress on each of your deliverables this biennium.
Did you meet your targets for this biennium?Why or why not?
What were your major successes this biennium? How did they help you make
progress toward the goals in yourjurisdiction's CTR Ian s ?
What were your major challenges this biennium? How did they hinder your
progress toward the goals in your jurisdiction's CTR plan(s)?
How do you measure the performance of your strategies?
What did you learn this biennium?
What would help you be more successful in the future? Please be specific (If it's
more resources, how much and what would they be for, etc.).
For each of the strategies in your administrative work plan, describe your
expected outcomes, whether you met those outcomes, and why or why not.
Strategy Expected Performance Outcomes Why or why not?
outcomes measures met?
If your organization used other financial resources besides state CTR funds to
implement the activities in your administrative work plan for this agreement,
please provide the information below.
Source of local funds Total spent this How the funds were
agreement used
GCA6894 Page 13 of 14
Total local funds:
If your organization disbursed any state CTR funds to other organizations to
implement the activities in your administrative work plan for this agreement,
please list the total amount disbursed for the biennium below.
Organization Total disbursed this Purpose of disbursal
agreement
Total disbursement:
GCA6894 Page 14 of 14
KENT Agenda Item: Consent Calendar - 7M
TO: City Council
DATE: September 6, 2011
SUBJECT: Applebee's Bill of Sale - Accept
MOTION: Accept the Bill of Sale for the Applebee's project (permit
#2080247) for 2 gate valves, 1 hydrant and 79.28 linear feet of watermain; 2 catch
basins and 58.24 linear feet of storm sewer line.
SUMMARY: Applebee's is located at 25442 104th Avenue Southeast.
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: N/A
MAIL TO:
CITY OF KENT
ENGINEERING DEPARTMENT
h ATTN:
220 - 4TN AVENUE SOUTH
ENT
0� _ 1� W A S H 1 N e�T o N KENT, WASHINGTON 98032
!`
�, C� Project: lJ�O ,t oo
RECEIVED E Permit #: W a
NARLocation:
�4 �� Parcel #: 9-6 A DLACITY �SY td
C NOM C AND
COMMUIlIITY DEVELOPMENT BILL OF KALE
CITY OF KENT
KING COUNTY, WASHINGTON
THIS INSTRUMENT made this�_ day of 11 A -/-k 20 1 _, by and between
APPLL ZZ G'b f/ /- `lE' hereinafter called
"Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called
"Grantee
WITNESSETH:
That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following
described improvements:
A. WATERMAINS:
Together with a total of gate valves at $ 7-; 0 00 each, �_ hydrants at
$ 3 )�60O each and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
F
i
Including 7 q, ?—a linear feet at $ per LF of B, t? 1 f'
(size &type) waterline.
B. SANITARY SEWERS: lltlo 19 d ��
Together with a total of manholes at $ each and/or any other appurtenances
thereto.
ON FROM TO
(street, easement, etc.)
I
Including linear feet at $ per LF of
(size &type) sewerline.
Bill of Sale
1of5
C. NEW STREETS: / V0 /y[
Together with curbs, gutters, sidewalks, and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
Including linear feet at $ per LF of
(size & type) (improvement).
D. FRONTAGETMPROVEMENTS: "4"� f"oA
Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
Including linear feet at $ per LF of
(size &type) (improvement).
E. STORM SEWERS:
Together with a total of manholes at $ J each or total of catch
basins at $ .2_59 .e
— each, �^ LF of biofiltration Swale or drainage ditch
with a total cost of $ cubic feet of detention pond storage
with a total cost of$ U and/or any other appurtenances thereto.
ON FROM TO
(street, easement etc.)
I
�
Including % �� '�� linear feet at $ �.��"� per LF of !
(size &type) 04g,'- 71l " �'' sewerline.
To have and to hold the same to the said Grantee, its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free
from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell
the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all
person(s).
The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and
assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable
City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year
maintenance period.
Bill of Sale
2of5
IN WITNESS WHEREOF, the
undersigned has caused this instrument to be executed on this
3(7 day of 49f 20
i
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of , 20
STATE OF W ft8MWGT-ON ) j
C'LYl�F06A ) SS
COUNTY OF If-Iid0- )
On this h°L day of 20 fl before me, the
undersigned A otary Public in and for the State of Washftton, duly commissioned and sworn, personally
appeared (' C _ to me known to be the individual described in and
who executed the fore oing instrumei , and acknowledged to me that he/she signed and sealed this
instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this " day of lit/ 20 s�
Notary Public in and for the State of ,T//-/O
residing at
raky;Qi Sze==,. k a,,_
My Commission Expires:
Bill of Sale
3of5
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
I
On this day of 20 , before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared and to me to be the
and respectively of
the that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
for the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute the said instrument.
I
Witness my hand and official seal hereto affix the day and year first above written.
Notary Public in and for the State of
Washington, residing at
My Commission Expires:
if
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City
Council of the City of Kent, King County, Washington, on the day of
, 2D
I
Bill of Sale
4of5
WASHINGTOM
ENGINEER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for IG 'e+ A PPLE. 06E 'S project
dated 0 c,7-a 13&rz _L0 10 for the same said ���ae r a� 'c�(✓Ce
_ l
project. the undersigned
P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and
is an employee of � Gi f=+c. 9 R-&'S k S (rma-\/� ' )rJ ��C , the firm
responsible for the preparation of the record drawings.
L. A2�1 !
WA,
n Z
Signature
(Engineer stamp required) �Gr c 3,
LAW
i
Bill of Sale
5of5
KENT Agenda Item: Consent Calendar - 7N
TO: City Council
DATE: September 6, 2011
SUBJECT: James Street UPRR Non-Motorized Improvements - Accept as
Complete
MOTION: Accept the James Street at Union Pacific Railroad (UPRR) Non-
Motorized Improvements Project as complete and release retainage to Road
Construction Northwest, upon receipt of standard releases from the state and
release of any liens. The original contract amount was $196,017.75. The final
contract amount was $200,119.04.
SUMMARY: The James Street at UPRR Non-Motorized Improvements project
included the installation of new curbs, gutter, and sidewalks along James Street west
of the ShoWare Center. This project also included the installation of pedestrian
railroad signals.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: This project is funded partially from City General Fund and a
State Urban Mobility grant.
KENT Agenda Item: Consent Calendar — 70
TO: City Council
DATE: September 6, 2011
SUBJECT: KaBOOM Community Partner Playground Contract — Authorize
MOTION: Authorize the Mayor to sign the KaBOOM Community Partner
Playground grant contract for $60,000 to fund the Tudor Square Playground
Project, amend the budget, and approve the expenditure of funds in accordance
with the grant terms.
SUMMARY: Staff submitted a grant request to KaBOOM at their invitation on
June 17, 2011, to be considered for a grant for new playground equipment at Tudor
Square Park, valued at approximately $40,000. KaBOOM matches qualified
organizations with corporate funding partners. The funding partner then provides
volunteers, a KaBOOM project manager and funds for the installation, which KaBOOM
has set for October 19, 2011.
A Letter of Intent was signed by the Mayor on June 28, 2011, indicating the City
agrees to fulfill its responsibilities should it be selected for a project. On August 16,
2011, staff was advised that the City of Kent and its non-profit partners, Kent Parks
Foundation and the Tudor Square Neighborhood Council, had been selected by the
funder, Humana Inc. for the playground grant.
EXHIBITS: Signed Letter of Intent, Ka Boom Community Partner Playground Contract
RECOMMENDED BY: Parks, Recreation and Community Services Staff
BUDGET IMPACTS: The City's matching grant funds in the amount of $8,500 will
come from the Capital Lifecycle budget and, when combined with the $60,000 grant,
will be transferred to the Tudor Square Playground budget.
1M1�-
KaOOM! Letter of Intent Q t o is
My signature below confirms that the appropriate representatives from my organization
have spoken with KaB00Mt Client Services representatives and understand that if my
organization is selected for a KaB00Ml project,we will be responsible for the following
(please initial each point):
Fundraise$8500 USD toward the cost of equipment
tAc Participate in a KaB00Ml online training focused on fundraising within 2 weeks of Design
Day
* Recruit 70-90 volunteers from the community to participate on Build Day
Recruit between 12-15 parents to participate in the planning process
Provide land and site preparation resulting in a flat and dirt surface two weeks prior to Build
Day of a site measuring at least 2,500 square feet
VW- 'Remove all existing equipment currently on site
-Qk- Perform a utility check prior to Design Day and secure all necessary extensions to ensure
the utility check is current through Build Day
- c Perform a soil test for lead and arsenic that is completed within two weeks of Design Day
_Provide food,water,tools,a dumpster, music and restroom facilities for volunteers on Build
Day
Vk- Use a supervised volunteer installation
_,c Accept liability for and maintain the playground upon build completion
Vh- Use Playworld Systems equipment(www.playworldsystems,com)
W Use engineered wood fiber for safety surfacing
Ji-Confirm that the KaB00M!Follow Up Document has been read through and approved
Signing this Letter of Intent signifies that all involved parties (including
person responsible for signing final Community Partner Agreement)
have reviewed the Draft Community Partner Agreement and are
prepared to sign the final Community Partner Agreement within three
calendar days of being chosen for a KaBOOMI playground project.
1 h, Dc L-0-��
Name of organization
Dt- Sw-Lffcc0r7��
Name and ttte of Person that wo be si g the contract(please print)
Authoriz d S gr ture Dad
v i U, k^ 5 j l t .M t- Parks
Name and Title of Main Contact Person if different fro above)
Signature of Main Contact person Date
Please sign and fax back to 202.659-0210
W1 ,
COMMUNITY PARTNER PLAYGROUND CONTRACT
August 11, 2011
i
KaBOOMI, Inc. (referred to herein as KaB00M!) is pleased that Kent Parks, Recreation & Community Services, Kent
Parks Foundation and the Tudor Square Neighborhood Council (referred to herein as the Community Partner)has agreed
to collaborate with KaBOOMI and Humana (referred to herein as the Funding Partner) in the construction of a new
playground at Tudor Square Park, 112th Avenue SE &SE 268th Street, Kent,WA 98030 (the "Project"). This Community
Partner Playground Contract, which sets forth the Community Partner's obligations in connection with the Project and
certain matters on which the parties have agreed, will, when executed by the duly authorized representatives of each
party, supersede any prior agreements and represent the complete legally binding agreement between the parties
regarding the Project.
1. Obligations of the Community Partner. The Community Partner shall work with KaBOOMI and the Funding Partner as
well as community residents to design, plan and build the Project, By executing this contract, the Community Partner
is unconditionally agreeing to each of the following obligations, in each case meeting the requirements provided by
KaBOOMI:
(a) Fundraising. In support of the Project,the Community Partner must contribute$8,500.00 to KaBOOMI,which will
apply the funds directly to the purchase of playground equipment. KaBOOMI will invoice the Community Partner
for such amount promptly following the execution of this contract, which amount must be paid in full at least thirty
(30)days prior to the Project's Build Day(as defined below).
(b) Project Site.
(i) Ownership. At the time of execution of this contract, the Community Partner shall provide KaB00M! with
proof of land ownership evidenced by either a deed granting title to the property to the Community Partner or
a letter from the property owner showing approval for the Project. The Community Partner is the owner of
the playground in its entirety, for the lifetime of the playground, including the equipment and/or safety
surfacing purchased by KaBOOMI and/or the Funding Partner,
(it) Perm!ts. Prior to Build Day, the Community Partner shall obtain all necessary permits and licenses
regarding the installation, possession and use of the playground in compliance with applicable laws and
regulations.
(iii) Preparation. The Community Partner shall ensure that the Project site is safe for volunteers and children,
which responsibility includes: (1)recruiting fifteen(15)adult volunteers to participate in preparation activities
two to three days prior to Build Day playground installation; (2) preparing the site for the installation of the
Project at least two weeks before Build Day, which includes removing existing playground equipment,
footers and safety surfacing,grading the land, removing fencing and performing soil tests; (3)conducting up
to two utility checks as reasonably requested by KaB00M! with the appropriate utility companies, with the
first test being completed within two weeks of Design Day and with all utility check documentation provided
to the KaBOOMI Project Manager upon completion; and (4) conducting up to two soil site tests as
reasonably requested by KaBOOMI,with the first test being completed within two weeks of Design Day and
with all soil check documentation provided to the KaBOOMI Project Manager upon completion, The
Community Partner is responsible for undertaking any necessary risk mitigation should the soil be deemed
unsafe for children and volunteers.
(iv) Safety and Security.The Community Partner shall ensure the security of equipment, tools, supplies and well
being of the adults and children from the beginning of the preparation activities until the conclusion of Build
Day,including any postponement.
(v) Maintenance. Maintenance of the playground facility and supervision of its use is the sole responsibility of
the Community Partner. The Community Partner shall collaborate with KaBOOMI during the Project
planning process to develop a maintenance program for the playground and,with the support of the property
i
owner (if owner is a separate party), shall maintain the playground and the property before and after the
build to ensure a safe and attractive playspace. In furtherance of the foregoing, in the event any playground
included in the Project no longer is permitted for any reason to be located at its original site of construction
or such site is no longer controlled by the Community Partner for any reason, then the Community Partner
promptly shall notify KaBOOM!following its becoming aware of such situation and shall, at the Community
Partners sole cost and expense, take such steps as may be necessary to promptly and safely relocate the
playground equipment(including any permanent signage and other fixtures)to an alternate site that serves
children or to ensure that the successor controlling person of such site shall continue to make such
playground available to children in the same manner contemplated as of the Build Day and maintain (or
permit the Community Partner to maintain)such playground in accordance with the maintenance program.
In addition, the Community Partner shall accept and maintain engineered wood fiber as playground safety
surfacing, meeting standards established by Consumer Product Safety Commission guidelines, for the
lifetime of the playground. Guidance and materials for the purpose of developing a maintenance plan for
the playground are available, upon request, from the playground equipment and safety surfacing
manufacturers,including Playworld Systems, Inc.
(vi) Adult Fitness Equipment Stations.The Community Partner has agreed to accept three(3)Adult Fitness
Equipment Stations as part of this playspace project and has agreed to: 1)work with their KaBOOM!Project
Manager to coordinate the installation and pouring of three(3) 15'x 15'concrete pads to accommodate the
stations at least two(2)weeks prior to Build Day at the cost of the Funding Partner; 2)identify which three
(3)stations will be included within the scope of this project from Playworld Systems, Inc:s line of LifeTrail®
or ENERGI®(as designated by KaBOOMI and the Funding Partner)equipment at Design Day;3)develop
and implement a maintenance plan appropriate to the site and usage that will include regular(to be
determined by Community Partner based on usage)and specified safety checks of the physical space and
equipment.
(c) Design Day. The Community Partner agrees to host a KaBOOM!-facilitated "Design Day" with at least twenty
(20) adult volunteers and twenty (20) children. Such adult volunteers shall remain engaged in the planning
activities throughout the Project's planning process.
(d) Build Day. The Community Partner shall recruit 125 adult volunteers from the community to participate in a one-
day installation event for the Project, which is scheduled to occur on 10/19/2011 and which is referred to herein
as the Build Day. On the Build Day, the Community Partner shall provide food, water, tools, a dumpster, music
and restroom facilities for all volunteers.
(e) Promotion. The Community Partner will seek prior approval from KaBOOM! and/or the Funding Partner for any
materials that reference the Project or contain the logos or other intellectual property of KaBOOM! and/or the
Funding Partner, including press releases, fliers and promotional materials. The Community Partner shall
collaborate with KaBOOM!and the Funding Partner to secure media coverage.
(f) Signage. The Community Partner shall allow the names and logos of KaBOOMI and the Funding Partner to be
displayed on permanent playground signage, which shall be substantially in the form provided to the Community
Partner during the application process and shall be 12 Y4 inches wide by 30 1/4 inches tall and mounted on poles
in a mutually agreed location.
(g) Playground Costs. The Community Partner is solely responsible for and shall hold KaBOOMI and the Funding
Partner harmless from any costs beyond the proposed Project budget,including costs incurred by the Community
Partner for any prior site preparation, upgrades or improvements or any equipment or materials purchased to
supplement those secured by KaBOOML
(h) Warranty, The playground equipment and the safety-surfacing related to the Project may be covered under
warranty by the applicable manufacturers; a copy of which warranty may be obtained, upon request, from such
manufacturers. The Community Partner acknowledges that any warranties and/or guarantees on any equipment
or material are subject to the respective manufacturers terms thereof,and the Community Partner agrees to look
solely to such manufacturers for any such warranty and/or guarantee. Neither KaBOOMI nor the Funding
Partner nor any of their respective affiliates, directors, officers, managers, partners, members, shareholders,
employees, agents or representatives, have made nor are in any manner responsible or liable for any
representation, warranty or guarantee,express or implied, in fact or in law, relative to any equipment or material,
including its quality, mechanical condition orfitness for a particular purpose.
(i) Insurance. Kent Parks, Recreation & Community Services is self-insured and is responsible for providing
coverage for its own employees and against liability for bodily injury, death and property damage that may arise
out of or be based on the use of the playground at"Community Partner location", from 7 (seven)calendar days
before the Build Day and for a minimum of one year afterward,in each case,in amounts not less than one million
dollars ($1,000,000). This self-insurance shall be primary over any other insurance covering KaBOOM! and its
funding partners.
Q) Indemnification. The Community Partner shall indemnify and hold harmless KaBOOMI, the Funding Partner and
their respective affiliates,directors, officers,managers, partners, members,shareholders,employees,agents and
representatives from any and all losses, liabilities, claims, actions, fees and expenses (including interest and
penalties due and payable with respect thereto and reasonable attorneys' and accountants' fees and any other
reasonable out-of-pocket expenses incurred in investigating, preparing, defending or settling any action),
including any of the foregoing arising under,out of or in connection with any breach of this contract, any actions
associated with this Project or resulting from the use of any playground property and equipment, including those
for personal injury, death, or property damage, except to the extent resulting from the willful misconduct of such
indemnified person. This provision shall survive any termination or expiration of this contract.
2. Obligations of KaB00Ml.
(a) Playground Build. KaBOOM!shall provide technical and organizational leadership and guidance for the Project
and shall:
(i) Coordinate Funding Partner participation, facilitate playground design, including regular planning meetings,
and work with vendors to procure equipment and materials in a timely manner, except to the extent that
safety surfacing other than engineered wood fiber is used, which shall be procured by the Community
Partner.
(ii) Manage construction logistics for the Project, coordinate playground site preparation activities with the
Community Partner, inventory equipment and materials, and assure that the necessary tools and materials
are available on the Build Day.
(III) Lead the Build Day activities,including the coordination of Build Day captains and volunteers.
(iv) Provide educational and promotional materials to support the Project, including the KaBOOM!Tool Kit(a 4-
book set), KaBOOMI online Playground Planner, nametags and other general supplies.
(b) Inspection. KaBOOMI, in collaboration with the Community Partner, will secure a Certified Playground Safety
Inspector to review the playground structure at the conclusion of the Build Day (or, if KaBOOMI assumes
responsibility for the playground construction going beyond one day, at the conclusion of the installation) to
ensure that the structure is safe and built to all appropriate standards and guidelines, unless the Build Day is not
completed on the Build Day due to failure of the Community Partner, in which case the Community Partner shall
secure the Certified Playground Safety Inspector.
(c) Promotion. KaBOOMI will provide proposed promotional materials relating to the Project for the Community
Partners review and approval,which approval shall not be unreasonably withheld or delayed.
(d) Build Guild. KaBOOM!will place the playground on the roster of KaBOOM! Build Guild and KaBOOMI will send
information to the Community Partner on playground maintenance programming and enhancements.
3. Build Day Postponement. The Build Day shall not be postponed except when weather or other conditions jeopardize
the safety of the volunteers or threaten the structural integrity of the playground. The decision to postpone the Build
Day will be made by majority agreement of the representatives of KaBOOMI, the Community Partner and the Funding
Partner, except where such decision must be made by KaBOOMI on the construction site and representatives of the
Community Partner and the Funding Partner are not available for consultation. In the event that the Build Day is
postponed, KaBOOM!, the Community Partner and the Funding Partner shall develop a plan for rescheduling the
Build Day at the next earliest date possible for each party and for allocating additional expenses related to the
rescheduled Build Day. In the event that the date of the Build Day is cancelled or changed solely by the Community
Partner, the Community Partner shall be liable to KaBOOM! and the Funding Partner for any equipment costs, labor,
and materials and any additional expenses related to the Project,such as travel expenses and general supplies.
4. Funding Partner Relations. KaBOOM! has a separate contract with the Funding Partner pursuant to which the
Funding Partner has agreed to provide financial and human resources for the Project. In recognition of the Funding
Partner's contribution of such resources, the Funding Partner shall receive first placement on any recognition
materials developed for the Project, including playground signage, banners, T-shirts, press releases, web site and
newsletter stories, and flyers, and the Community Partner shall not solicit sponsors or donors in relation to the Project
whose products or services directly compete with the products or services of the Funding Partner as identified to the
Community Partner by KaBOOMI and/or the Funding Partner. In the event the Community Partner solicits other
sponsors or donors, then the Community Partner shall not permit such sponsors or donors to compete with the
Funding Partner for signage and sponsorship recognition.
5. Termination. In the event that the Community Partner fails to make the payments required under Section 1(a) or
otherwise breaches this contract, KaBOOMI may terminate this contract upon written notice to the Community Partner
of such termination. Furthermore, if either party is delayed or prevented from fulfilling any of its obligations hereunder
by any cause beyond its reasonable control, including acts of God,acts or omissions of civil or military authorities, fire,
strike, flood, riot, act of terrorism, war, transportation delay, or inability due to such causes to obtain required labor,
materials or facilities, such party shall not be liable hereunder for such delay or failure and either party may terminate
this contract if the other is unable to perform any obligation hereunder for a period longer than ten (10)calendar days
due to such force majeure event, in which case KaBOOM!shall refund to the Community Partner any amounts paid to
KaBOOM!, less expenses already committed andfor incurred prior to the date of such termination. If, upon
termination as provided herein, the sum due KABOOMI by Community Partner exceeds the sum paid to KaBOOMI
hereunder, Community Partner shall pay KaBOOMI for any such additional sum due upon presentation of appropriate
documentation within thirty(30) days of invoice. Except as set forth above, upon any termination,this contract shall
become void and have no effect,and no party shall have any liability to the other party,except that nothing herein will
relieve any party from liability for any intentional breach of this contract prior to such termination.
6. General Provisions. The Community Partner represents to KaBOOMI that all information provided by it to KaBOOM!,
including in the Playground Profile Application, is true, correct and complete in all respects and does not omit any
information relevant to the Project. Each party has all requisite power and authority, including any necessary approval
by its governing body,to execute and deliver this contract,and to perform its obligations hereunder.This contract may
not be assigned or transferred by either party without the prior written consent of the other party hereto.This contract
shall inure to the benefit of and be binding upon the parties hereto,their respective successors and permitted assigns,
and where expressly stated, their affiliates and representatives. This contract shall be governed by and construed
under the laws of the State of New York, without regard to conflicts of laws principles to the extent that the application
of the laws of another jurisdiction would be required thereby. This contract may be altered,modified or amended only
by a written document signed by both parties. This contract may be executed in two or more counterparts, each of
which shall be an original and all of which, when taken together, shall constitute the same agreement and may be
delivered by facsimile or electronic mail transmission with the same force and effect as if originally executed copies
hereof were delivered. Any notices required or permitted to be given hereunder shall be sent by certified or registered
United States mail, postage prepaid, by personal delivery addressed to the applicable party or by facsimile or
electronic mail transmission (the receipt of which is confirmed) at the address set forth under such party's signature
below.
By executing this Community Partner Playground Contract where indicated below,each of KaBOOMI and the Community
Partner agrees, as of the date identified above,to be legally bound by all of the terms and provisions set forth above.
City of Kent KaBOOMI,Inc.
By:
Name:Suzette Cooke By
Title: Mayor Name: Gerry Megas
Address: Title: Chief Financial Officer
220 4th Avenue South Address:
Kent,WA 98032 4455 Connecticut Avenue, NW,Suite B100
T: (253)856-5113 Washington, DC 20008
F: (253)856-6050 T: (202)464-6075
F: (202) 659-0210
e-mail: hzimmerman@kaboom.org
Kent Parks Foundation Tudor Square Neighborhood Council
By By: and
Sandra Pedersen Joseph Kempf Marilyn Nelson
Co-Chairperson Co-Chairperson
Executive Director
Address:
P.O. Box 26
Kent, WA 98035
T:(253) 653-8298 T: (263)8544205
email:sapederson11 @msn.com email:joe.kempf@comcast.net
i
I
Contact information for the person who should receive KaBOOMI invoices:
Name: Victoria Andrews Telephone number:(253)856-5113
Mailing Address:
220 4ih Avenue South Email: vandrews@ci.kent.wa.us
Kent,WA 98032
(253)856-6050
w," Agenda Item: Consent Calendar - 7P
TO: City Council
DATE: September 6, 2011
SUBJECT: Excused Absence for Council President Perry - Approve
MOTION: Approve an excused absence for Council President Perry for the
Council meeting of September 6, 2011.
SUMMARY:
EXHIBITS: Memo
RECOMMENDED BY:
BUDGET IMPACTS: None
City Council
40 Jamie Perry, Council President
Phone: 253-856-5712
' K E N T Fax 253-856-6712
WASHINGTON Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
MEMORANDUM
TO: Suzette Cooke, Mayor
City Councilmembers
FROM: Jamie Perry, Councilmember
DATE: September 6, 2011
SUBJECT: City Council Excused Absence
I would like to request an excused absence from the September 6, 2011
City Council meeting. I will be unable to attend.
Thank you for your consideration.
Jamie Perry
Councilmember
nc
KENT Agenda Item: Consent Calendar — 70
TO: City Council
DATE: September 6, 2011
SUBJECT: ShoWare Marquee — Accept as Complete
MOTION: Accept the ShoWare Center Marquee project as complete and
release retainage to The Sign Factory upon receipt of standard release from the
state and the release of any liens. The original contract amount was not to exceed
$225,000. The final contract amount was $184,505.58.
SUMMARY: The ShoWare Center Marquee project included installation of an LED
video display and static sign as well as concrete sidewalk removal and replacement,
sign structure, foundation and electrical work. One of the challenges faced on this
project included locating of electrical power lines underneath the existing sidewalk.
EXHIBITS: None
RECOMMENDED BY: Economic Development Manager
BUDGET IMPACTS: This project was funded completely out of Lodging Tax dollars,
approved by the Lodging Tax Advisory Committee not to exceed $225,000. There
were no general fund budgetary impacts as a result of this project.
KENT Agenda Item: Bids — 9A
TO: City Council
DATE: September 6, 2011
SUBJECT: Kent Municipal Court Re-Roofing — Award
MOTION: Move to authorize the Mayor to award the Kent Municipal Court
Reroofing Project contract to Lloyd A. Lynch Inc. in the amount of $251,672 and to
sign all necessary documents, subject to final terms and conditions acceptable to
the City Attorney and Parks Director.
SUMMARY: The bid opening was held on August 10, 2011, with eight (8) bids
received. The apparent low bid was submitted by Lloyd A. Lynch Inc. for the amount
of $251,672, excluding WSST. The Architect's estimate is $235,000.00, excluding
WSST.
EXHIBITS: Bid Tab
RECOMMENDED BY: Parks, Recreation and Community Services Staff
BUDGET IMPACTS: This expense is budgeted in the Aukeen Court Expansion
Budget.
BID TAB
KENT MUNICIPAL COURT REROOFING
BID AMOUNT
BID OPENING 2:15 P.M.
AUGUST 10, 2011
LloydA. Lynch, Inc. 251 672
Y $
Stanley Roofing $260,393
Wright Roofing $262,741
SQI Inc. $266,160
Wayne's Roofing $279,700
Scholten Roofing, Inc. $353,700
Krueger S/M $354,200
Snyder Roofing $403,300
Z KENT
HA r Agenda Item: Bids - 913
TO: City Council
DATE: September 6, 2011
SUBJECT: North Park Storm Drainage Improvements, 5th Avenue N. to
4th Avenue N. - Award
MOTION: Move to authorize the Mayor to award the North Park Storm
Drainage Improvements Project contract to King Construction in the amount of
$176,178.05 and 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 30,
2011 with seven (7) bids received. One bid was non-responsive. The low bid was
submitted by King Construction in the amount of $176,178.05. The Engineer's
estimate for the project was $257,737.82.
The project consists of approximately 312 feet of 8-inch storm sewer pipe, with
associated storm sewer structures and appurtenances.
EXHIBITS: Public Works Memo dated 8/30/2011
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS:
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 30, 2011
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: North Park Storm Drainage Improvements
Bid opening for this project was held on August 30, 2011 with seven (7) bids
received. One bid was non-responsive. The low bid was submitted by King
Construction in the amount of $ 176,178.05. The Engineer's estimate was
$257,737.82. The Public Works Director recommends awarding this contract to
King Construction.
Bid Summary
01. King Construction $176,178.05
02. Nor Tec Construction $198,424.95
03. Reed Trucking & Excavating $223,424.90
04. Road Construction NW $226,087.94
05. Ceccanti, Inc. $273,347.04
06. Rodarte Construction $280,152.47
Engineer's Estimate $257,737.82
REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
KENT
WASHINGTON
OPERATIONS COMMITTEE MINUTES
July 19, 2011
Committee Members Present: Debbie Raplee (Chair), Jamie Perry and Dennis Higgins, who filled in
for Les Thomas.
The meeting was called to order by D Raplee at 4:05 p.m.
1. APPROVAL OF MINUTES DATED JUNE 21, 2011
J Perry moved to approve the Operations Committee minutes dated June 21, 2011. D
Higgins seconded the motion, which passed 3-0.
2. APPROVAL OF VOUCHERS DATED JUNE 30, 2011.
D Higgins moved to approve the vouchers dated June 30, 2011. J Perry seconded the
motion, which passed 3-0.
3. RECOMMEND THAT THE OPERATIONS COMMITTEE AUTHORIZE THE
ADMINISTRATION OF CLAIMS ORDINANCE REVISING SECTION 2.97.020 OF THE
KENT CITY CODE
C Hills, Risk Manager, provided a brief summary of the revision. This is a procedural change to the
city's new liability insurance program in the claims settlement component to update it to Kent City
code since the change over from WCIA.
Our new program differs from WCIA in that the city has complete control of settlement authority up
to $100,000. Above that amount, the city has substantial discretion, in cooperation with our
reinsurers, to determine whether a claim or lawsuit should either settle or proceed to trial. Claims
exceeding $100,000 will be shared with Council in executive session but do not require council
approval due to time constraints, so long as within established budgets. C Hills noted that the
Liability Insurance Fund is based on actuaries and in the last five years only 3% of claims or
roughly, three claims per year, have ever been over that amount. C Hills clarified to D Higgins that
any claims exceeding the insurance fund leading up to settlement or litigation will be done in
conjunction with our reinsurers.
J Perry Recommend that the Operations Committee authorize the Administration of
Claims Ordinance revising section 2.97.020 of the Kent City Code. D Higgins seconded the
motion, which passed 3-0.
4. MOVE THAT THE OPERATIONS COMMITTEE RECOMMEND COUNCIL APPROVAL OF
AN ORDINANCE REPEALING CHAPTER 5.01 OF THE KENT CITY CODE, AND
ENACTING A NEW CHAPTER 5.01 ENTITLED, "GENERAL BUSINESS LICENSES."
T Brubaker, City Attorney provided a brief summary of the Ordinance.
Pursuant to RCW 35A.82.020, the city of Kent has maintained a system of licensing businesses
since 1955.
The city's business licensing chapter has not been substantially updated for over 19 years. As a
result, some of the sections are outdated and no longer applicable to the manner in which the city
performs its licensing function. There was no "Due Process" provision in place as required by law,
which allows the business owner a place to plead their case if they feel their license was wrongfully
denied or revoked.
Operations Committee Minutes
July 19, 2011
Page: 2
This ordinance clarifies the business licensing function, provides that the Finance Department is the
department within the city to perform the licensing function, clarifies the basis and procedures for
issuing, denying and revoking a license, and streamlines the hearing process in the event a license
is denied or revoked. T Brubaker also clarified for D Higgins that even though you are issued a
business license, it does not mean you are in line with provisions of city code in regard to zoning,
etc.
D Higgins moved that the Operations Committee recommend Council approval of an
ordinance repealing Chapter 5.01 of the Kent City Code, and enacting a new Chapter 5.01
entitled, "General Business Licenses." 3 Perry seconded the motion, which passed 3-0.
S. SEATTLE YELLOW PAGES ORDINACE (INFORMATION ONLY)
On October 11, 2010, Seattle passed Ordinance Number 123427 relating to solid waste reduction;
establishing license requirements for publishers of yellow pages phone books; establishing an opt-
out registry and a recovery fee for yellow pages phone books, and amending the Seattle Municipal
Code by creating a new Chapter 6.255.
A yellow pages company, Dex One, sued Seattle in November, 2010, arguing that yellow pages are
protected speech under the First Amendment.
On June 28, 2011, a federal judge dismissed the lawsuit, ruling that Seattle's opt-out program does
not violate the constitution.
In consideration of the viability of Kent establishing a similar ordinance, the committee would like
to wait and see if there is any movement in Olympia, otherwise, would suggest moving on it in six
months.
6. 2010-2011 EXPENDITURES BY DEPARTMENT WITH REVENUE SOURCES
(INFORMATIONAL ONLY)
Barbara Lopez, Financial Planning Manager, reviewed the enclosed Expenditures by Department
information. This information was requested by D Raplee at the June 21 Operations Committee
meeting. The Funds list was also included.
B Lopez further broke down the information by expenditures of departments and how they are
funded. This was done by revenue as percentage and revenue as dollars. The committee also
asked the information show any exceptions of programs that may be funded from different
departments. An example was the Game of Life, which is funded out of the Park's Youth Teen Fund,
but run out of the Police dept.
In the future, D Raplee noted the information can be reported in one form or the other but would
like both options for now until they determine which works best. D Higgins would like both. The
Committee asked for the information to be presented quarterly and perhaps more when budget
discussions begin.
7. SUMMARY FINANCIAL REPORT AS OF MAY 31, 2011 (INFORMATION ONLY)
Based on information available through May, revenues are estimated to end about $2,058,475 or
3.4% under budget, while expenditures are projected to end the year about $2,230,542 or 3.6%
Operations Committee Minutes
July 19, 2011
Page: 3
below the budget. This results in a projected ending fund balance of $1,756,354 or 3.3% of the
expenditure budget.
While sales tax revenues are showing a slight improvement over past years, overall revenues are
estimated to end about $2,058,475 or 3.4% under budget. Revenue highlights include:
• Sales Tax revenues are expected to exceed projections by $263,364 or 1.6% over budget,
continuing the slight upward trend observed over the past few months.
• Utility Tax revenues are trending to come in approximately 7.2% below budget.
• Telephone utility tax revenues are coming in as expected, however a larger portion of the
receipts are attributed to the annexation area than originally allocated. The result is a
reduction of approximately $700,000 in the General Fund, offset by an increase in
Annexation.
• Electric and gas are higher than this time last year due to a colder spring, but are still
trending to end the year 2-5% below budget.
• Garbage is trending nearly 20% below budget, due to the lagging construction industry and
the expected impact of the new garbage contract that goes into effect on April 1st.
• Building Permits and Plan Check Fees continue to be negatively impacted by the
deterioration in the building industry. Both are trending to end the year near 2010 actuals,
or about 6% below budget. We continue to work with Economic and Community
Development to strategize solutions.
• Recreation Fees are trending to end the year $110,000 under budget. Jeff Watling, Director
of Parks, Recreation and Human Services, clarified that fees are not processed the same as
in 2010. Revenue is processed as we earn (class completed) it versus when received or
registered. He also noted that as participation increases, so do the expenditures.
• Miscellaneous revenues are running approximate $910,000 under budget, largely due to
continuing low interest rates and the available cash to invest.
With expenditures, current projections, based on individual like item expenditure trends, end the
year about $2,230,542 or 3.6% below the budget. Expenditure Highlights include:
• A lag in hiring is expected to result in Salaries & Benefits savings of at approximately 3%
below budget.
• We continue to work with department staff to identify potential areas of saving in Supplies
and Services &Charges. Currently, these areas are trending approximately 2.5% below
budget.
Ending fund balance is estimated to be $1,756,354, which equates to 3.3% of the expenditure
budget. The reserves have not been tapped into this year. The June summary will be provided at
the next Operations Committee meeting.
The meeting was adjourned at 5:01 p.m. by D Raplee.
Pamela Clark
Operations Committee Secretary
aywQiausuip�
lf Kent Parks and Human Services Committee
"'""q"o KENT Meeting Minutes of June 16, 2011
Council Present: Elizabeth Albertson, Dennis Higgins and Debbie Ranniger - Chair
Call to Order: Debbie Ranniger called the meeting to order at 5:04 p.m.
1. Meetina Minutes - Approve
Dennis Higgins moved to approve the minutes of May 19, 2011. Elizabeth Albertson
seconded and the motion passed 3-0.
2. National Endowment for the Arts Grant - Accept
Jeff Watling, Parks and Human Services Director, reported how this project links to
the Council's Strategic Goal - Connecting People and Places. The City of Kent was
awarded a National Endowment for the Arts (NEA) Grant that will be used to locate
and install signage to create a bicycle route connecting four properties in the South
Sound that encouraged multi-agency and non-profit partnerships. The location of
the four properties allows the City of Kent to collaborate with King County and the
cities of SeaTac and Renton, as well as 4Culture and the Cascade Bicycle Club. An
inaugural ride is being planned to take place in June 2012, after the project has
been completed. The request for an extension of time has been approved.
Council asked about the impact of sandbag removal and how the route will be
marked. Staff replied that the final route has not been identified and will be
coordinated with Public Works and the Army Corps of Engineers timelines, adding
that the grantor may be involved if the timeline is changed as well. The grant funds
are identified to pay for way-finding signage and, as part of an Economic
Development tool, include signage to downtown businesses. The funding was
clarified as $25,000, plus matching funds.
Elizabeth Albertson moved to recommend accepting the grant from the
National Endowment for the Arts in the amount of $25,000, approving the
expenditure of the funds, and amending the City Art Budget. Dennis
Higgins seconded. The motion passed 3-0.
3. Perkins Building Lease Agreement - Authorize
Charlie Lindsey, Superintendent of Facilities, reported that this lease renewal is for The
Perkins Building, located at 715 W. Smith Street, a 6,350 square foot storage space
and 25,000 square foot lot. He explained that the City began leasing this building 5
years ago when the "Red Barn" on Railroad Avenue was sold. The space provides three
buildings that store materials and supplies for Facilities, Home Repair, Cultural Arts and
a sublease to Kent Lions Club. The new lease is for two years to create flexibility,
providing the opportunity to explore other options. An out clause was incorporated into
the new contract to keep the city's options open.
Council questioned the lease amount and if price reflected the current competitive
market. Staff responded that the lease amount was reduced to $4,750 per month from
$5,000 and that Kent Lions Club rents a portion of the building for $1,000, reducing the
lease amount to $3,750. Council asked if other sites were considered. Staff reported
that other properties were inspected with no competition in space or price. Council
asked staff to report back to them with any economical storage options as they become
available.
Dennis Higgins moved to recommend authorizing the Mayor to sign the
lease agreement with Charlie and Shirley Perkins for the property location
at 715 W. Meeker Street in Kent for $4,750.00 per month, subject to final
terms and conditions acceptable to the City Attorney. Elizabeth Albertson
seconded. The motion passed 3-0.
4. King County Conservation Futures Interlocal Cooperation Agreement
Amendment for Panther Lake Acguisition - Authorize
Brian Levenhagen, Park Planner, reported that this is the city's ninth agreement
with King County Conservation Futures. This amendment to the Interlocal
Agreement reimburses the City for the purchase of 6.6 acres and 400' of waterfront
at Panther Lake. Council commented on how great it is when land acquisition can
be paid in full with grant funds, including funds from the Recreation and
Conservation Office (RCO).
Council asked about the purchase price. Staff confirmed that the purchase price is
exactly the same amount approved by Council for the original acquisition. Council
questioned RCO funding restrictions. Staff reported that the RCO continues to
restrict their funds to land acquisition and development, not allowing funds for
maintenance costs. Any alteration to the Ordinance would involve changes at the
state level. Staff will continue to explore this issue and keep the Committee
informed.
Elizabeth Albertson moved to recommend accepting the grant from
King County Conservation Futures in the amount of $1,150,000.00,
amending the Interlocal Cooperation Agreement, approving
expenditures in accordance with the grant agreement, adjusting the
Park Land Acquisition budget, and authorizing the Mayor to sign all
necessary documents, subject to terms and conditions acceptable to
the City Attorney. Dennis Higgins seconded. The motion passed 3-0.
5. Kent Memorial Park Ballfield Light Pole Replacement Agreement -
Authorize
Garin Lee, Parks Operations Superintendent, stated that this agreement is to
replace the ball field light poles at Kent Memorial Park (KMP). The light pole at Kent
Memorial Park was inspected and failed the test due to structural integrity. The
electrical inspector recommended that it be replaced. The pole illuminates the first
base line and a portion of the right field, allowing evening programming. Quotes
were solicited prior to this proposal, but the contractor wasn't able to deliver the
services. The second call for bids resulted in one proposal submitted by
Transportation Systems Inc.
Council had a number of issues with the purchase of a wood pole versus a metal
pole. Staff responded that metal poles have a life span of approximately 50+ years
and wood have a 20-30 year span, with metal poles costing 15-20% more. A metal
pole would require that all of the lights be replaced at a higher cost. And, if a metal
pole is purchased, the entire park system would have to be re-lamped at a cost of
over $400,000. The fabrication of a metal pole and lights would also extend the
timeline of the project into next year. The remaining poles and lights at Kent
Memorial Park are on the lifecycle schedule for future replacement, but not high on
the priority list. Staff feel it is more responsible to purchase a wood pole at this
time because it satisfies budgetary constraints and eliminates the current risk
factor. After discussion, Council agreed to the purchase of a wood pole.
Elizabeth Albertson moved to recommend authorizing the Mayor to enter
into an agreement with Transportation Systems Inc. in the amount of
$38,687.00, plus Washington State Sales Tax, to complete the Kent
Memorial Park Ballfield Light Pole Replacement Project, subject to final
terms and conditions acceptable to the City Attorney. Debbie Ranniger
seconded. The motion passed 3-0.
6. Director's Report
Resource Center Request for Proposals
Six proposals were received for the Resource Center Request for Proposals. A panel
of seven local community leaders, citizens, and city staff was chosen to evaluate
the proposals. The panel will review and score the proposals prior to the consensus
meeting on June 22. A number of proposals were submitted in collaboration and
there is a good mix of human service agencies and churches.
Lake Meridian Playground
The new play area is really taking shape. A couple of volunteer projects have been
completed. We anticipate having the play area open in the next two weeks. There
will be no formal ribbon cutting; it will be open for use as soon as soon as the
installation is complete. The Council and the community are invited to an open
house at Lake Meridian to commemorate the new play area at 2:00 p.m., during
the Fourth of July Splash event.
Lion Skate Park
A mural designed by Lee Schlosser, a student from Green River College, will be
painted on the Lions Skate Park by volunteers next week.
Lifeguards
The Lake Meridian Beach will open June 18 through Labor Day with lifeguards on
duty 7 days per week, from 11:00 a.m. to 7:00 p.m.
Splash
The Fourth of July Splash is from 12:00 p.m. - 11:00 p.m. at Lake Meridian Park.
Summer Playgrounds
The playground program begins on June 29, at West Fenwick, Morrill Meadows,
Chestnut Ridge and Kiwanis Tot Lots 1 and 2, from Monday through Thursday, with
extended hours - 10:30 a.m. to 4:30 p.m. The Kent School District provides over
18,000 lunches each summer at various sites throughout the city. Approximately
6,000 lunches will be served at these five playground sites over the summer
months.
Summer Concerts
The Summer Concert Series begins on Thursday, July 7, with performances slated
for Kent Station on Tuesdays, Town Square Plaza on Wednesdays, and Thursday
evenings at Lake Meridian.
Vets and Human Services Levy
The Veterans and Human Services levy was approved by the King County Council
and will be on the ballot. Jeff distributed King County's Annual Report and
information on the Veterans and Human Services Levy, specific to residents served
in South King County. The Committee Council wants to invite King County staff to
attend a Council Work Shop to explain potential impacts to South King County, if
the levy doesn't pass.
Debbie Ranniger adjourned the meeting at 5:50 p.m.
Respectfully submitted,
7'011 J'etrlol�
Council Committee Recorder
Page 4
j
�-� KENT
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
July 12, 2011
COMMITTEE MEMBERS: Les Thomas, Dennis Higgins, and Ron Harmon, Chair
• The meeting was called to order by Chair Harmon at 5:06 PM.
1. Approval of Minutes
L. Thomas moved to approve the minutes of the June 14, 2011 meeting.
The motion was seconded by D. Higgins and passed 3-0.
2. National Night Out, August 2nd — INFO ONLY
Chief of Police Ken Thomas introduced Public Education Specialist Sara Wood who gave an
overview of this year's event. Sara stated that 75 block watch neighborhood groups have
already registered and that she is expecting that over 100 events will participate this year.
Registration information is available at www.KentNNO.com or register by calling Sara at
(253) 856-5851.
3. Washington Traffic Safety Commission grant — ACCEPT and Establish budget
Chief Thomas introduced Research and Development Analyst Debra LeRoy who explained
grant funds from three $7,500 grants will be used to purchase three flashing beacon
assemblies for elementary school zones in the Kent School District.
D. Higgins moved to recommend that City Council accept the Washington Traffic
Safety Commission grants in the amount of $22,500 and establish the budget.
The motion was seconded by L. Thomas and passed 3-0.
4. Washington Traffic Safety Commission grant — ACCEPT and Establish budget
Chief Thomas explained the grant in the amount of $93,840 will help fund salary and
benefits of one public education specialist during the two year grant period.
L. Thomas moved to recommend Council authorize the Kent Police Department
to accept the Washington Traffic Safety Commission grant in an amount not to
exceed $93,840, and establish the budget.
The motion was seconded by D. Higgins and passed 3-0.
S. King County Sheriff's Office Cost Reimbursement Agreement — AUTHORIZE
and establish budget
Chief Thomas explained the agreement from the King County Sheriff's Office will
provide reimbursement for officer overtime to make personal contact with registered'
sex offenders living in Kent. The grant funds are provided by the Washington Association
of Sheriffs and Police Chiefs. The agreement period begins on July 1, 2011 and ends on
June 30, 2012.
D. Higgins moved to recommend that Council authorize the Kent Police
Department to accept the King County Sheriff's Office grant in an amount not to
exceed $49,667.90, authorize the mayor to sign the agreement and establish the
budget.
6. Fourth of July Fireworks After-action Report — INFO ONLY
Jon Napier, Kent RFA Chief Fire Marshal, stated the number of fireworks calls for the Kent
Fire Department between June 28th and July 5th was 39, compared to 10 in 2010 and 43 in
2009. He noted the amount of confiscated fireworks was lower this year. There
were two house fires with a total loss of $253,000 during this time that were likely
related to fireworks due to the amount and type of fireworks litter found around the
outside of the houses. Kent Fire placed a full page color ad in the July 1st Kent Reporter
that displayed pictures of legal and illegal fireworks.
Chief Thomas stated the number of fireworks calls for the Kent Police Department
between June 28th and July 5th was 371. Two arrests were made, one for reckless
burning when a tree was set on fire, and a second involved sparklers tied together
to make an improvised explosive device. The police officers emphasized customer service
by responding to as many calls as possible and asking for voluntary compliance.
Chief Thomas was asked about the number of police calls in 2010 and he stated he will
bring that information to next month's meeting.
7. Police Department Updates — INFO ONLY
Chief Thomas stated there were no significant issues at this year's Cornucopia Days other
than one arrest. The arrest was made on a Metro bus by a Metro officer after the report of
a suspect with a gun leaving the event by bus. King County Metro provided 22 officers for
the event; some riding buses, some plain clothes officers at the event and others on
bicycles. There were gang unit officers from several agencies at the event to ensure public
safety. A strong police presence and enforcement helped to provide a successful, fun event
for families with kids.
Chief Thomas introduced Captain Bourne who talked about four search warrants which
were served simultaneously on July 6th for illegal activity at medical marijuana dispensaries.
The warrants were served without problems, evidence was secured, people were identified,
but no arrests were made.
Chief Thomas introduced Captain Straus and Lieutenant Lutz and they talked about the
City of Kent's Corrections Facility. An emphasis on programs such as work release helps
manage the population and ensure the safety of the staff and inmates. There is an average
of 35 inmates per day on work release, compared to 23 per day last year. Captain Straus
stated that staff should be proud of cost containment of food and medical expenses. Lt.
Lutz stated the contract with Chelan County Jail for overflow has only been used one time
and it was for a test basis. Chair Harmon asked Chief Thomas about the relationship
between police, jail and judges for sentencing. Chief Thomas indicated they have frequent
meetings which include Pat Fitzpatrick from the City Attorney's Office, John Hodgson, the
judges, Court and Probation staff, Captain Straus and Lt. Lutz. Chief noted that the
systems-wide approach has provided positive benefits.
The meeting adjourned at 5:53 PM.
Jo Thompson,
Public Safety Committee Secretary
Public Safety Committee Minutes 2
July 12, 2011
SPECIALPUBLIC WORKS COMMITTEE
Minutes of Monday, August 08, 2011
COMMITTEE MEMBERS PRESENT:
Committee Chair Debbie Raplee was present. Councilmembers Dennis Higgins and Ron Harmon
were absent. Councilmember Elizabeth Albertson sat in for Committee member Higgins. The
meeting was called to order at 4:10 p.m.
Committee Chair, Raplee stated she had Committee member Harmon's concurrence on all action
items.
ITEM 1 — Approval of Minutes Dated July 18, 2011:
Councilmember Albertson MOVED to approve the minutes of July 18, 2011. The motion
was SECONDED by Raplee and PASSED 3-0, with Harmon's concurrence.
Item 2 — GeoEngineers/Geotechnical Engineering Services — Horseshoe Bend Secondary
Levee:
Design Engineering Supervisor, Mark Madfai stated that as part of the accreditation process, the
City will be constructing secondary levees along the east and west ends of the Horseshoe Bend
Levee. Construction is anticipated to begin late August 2011. There were nine (9) competitive bids,
Scarsella was the lowest bidder. It was noted that they are a local firm.
GeoEngineers is currently under contract to prepare the Conditional Letter of Map Revision (CLOMR)
for the Horseshoe Bend Levee. 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.
GeoEngineers will observe and inspect construction of the setback levee and verify that it is done
properly.
Albertson MOVED to recommend Council 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, upon
concurrence of the language therein by the City Attorney and Public Works Director. The
motion was SECONDED by Raplee and PASSED 3-0, with Harmon's concurrence.
Item 3 — Information Only/Sky Corp Change Order/Building Demolition — Hazardous
Material Removal and Disposal:
Design Engineering Supervisor, Mark Madfai noted that in order to construct the secondary levees at
Horseshoe Bend Levee, several houses and out buildings needed to be demolished.
A firm was hired to identify and test for hazardous materials that might need to be removed prior to
demolition. It was determined that significantly more hazardous material needed to be removed
than originally estimated. The work is nearly complete. Sky Corp has been able to recycle much of
the materials.
Information Only/No Motion Required
Item 4 — 640 Zone Water Reservoir - Mural:
Design Engineering Supervisor, Ken Langholz noted that the 640 Zone Water Reservoir is nearing
completion, and the painting of the reservoir will include a mural. 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. Based on written and verbal comments, Public Works recommends approval of the
mural rendering. The painting will begin in September and take approximately two weeks to
complete.
Page 1 of 2
SPECIALPUBLIC WORKS COMMITTEE
Minutes of Monday, August 08, 2011
Albertson MOVED to recommend Council 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 the Public Works Director. The
motion was SECONDED by Raplee and PASSED 3-0, with Harmon's concurrence.
Item 5 — Puget Sound Energy (PSE) - Easement:
City Engineer, Chad Bieren noted that 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 to meet this demand and provide
increased reliability for its system serving Kent.
This easement will allow PSE to construct aerial power lines around the Pacific Gateway Stormwater
Detention pond, which is owned by Kent. 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.
Albertson MOVED to recommend Council authorize the Mayor to sign an easement
allowing Puget Sound Energy to place overhead facilities on City property at the Pacific
Gateway Stormwater Detention pond subject to final terms and conditions acceptable to
the City Attorney and Public Works Director. The motion was SECONDED by Raplee and
PASSED 3-0, with Harmon's concurrence.
Item 6 — Information Only/Wayside Horn Demonstration:
Transportation Manager, Steve Mullen noted that the City is proposing to establish railroad quiet
zones on the BNSF and UP railroad tracks through Kent.
In order to determine what improvements would be necessary for a quiet zone, the City conducted
a Railroad Diagnostic Study. Results of the Study indicated that one of the methods used to reduce
the impacts of train horns would be the installation of wayside horns. Mullen went on to note that a
wayside horn is installed at the railroad crossing and is focused directly at the roadway approaching
the tracks. With wayside horns in place, trains are not required to use their horns. Train horns
broadcast sound much further than wayside horns.
A wayside horn demonstration will take place on Thursday, August 18, 2011, starting at 4:00 p.m.
at the Titus Street grade crossing of the BNSF railroad tracks. Attendees will gather at the Titus
Railroad Park, on the northeast corner of First Ave S and W Titus Street.
Information Only/No Motion Required
Item 7 — Water System — Updated:
Water Superintendent, Brad Lake gave an informative PowerPoint Presentation on the water
system.
The meeting was adjourned at 5:10 p.m.
Cheryl Viseth,
Public Works Secretary
Page 2 of 2
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION