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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/18/2011 CITY OF KENT AgendaCity Council Meeting October 18, 2011 Mayor Suzette Cooke Jamie Perry, Council President r 4, C®uncilrnernbers Elizabeth Albertson Ron Harmon Sill %%i 11 Dennis Higgins Deborah Ranniger Y SF f Debbie Raplee w„ Les Thomas homas C,-ry CLERK �r . KENT CITY COUNCIL AGENDAS KENT October 18, 2011 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Intergovernmental Issues Michelle Wilmot 10 minutes 2. 2012 Capital Facilities Plan/ John Hodgson & 50 minutes Street/Utilities Budgets Bob Nachlinger ********************************************************************** 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. First Annual Kent Turkey Challenge D. Economic Development Report 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Excused Absence for Council Member Albertson - Approve D. Public Facilities District Board Re-appointments - Confirm E. Contract Amendment, 228th Street Improvements - Authorize F. Amendment to Corrections Facility Medical Services Agreement - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED G. Possession of Graffiti Tools, Ordinance Amending Kent City Code 9.02 — Adopt H. Washington Traffic Safety Commission Grant — Authorize I. Centennial Center HVAC Systems — Accept as Complete J. Legend Short Plat Bill of Sale — Accept S. OTHER BUSINESS A. Sanitary Sewer Easement & Covenant, Scoccolo Property — Authorize B. Consolidating Budget Adjustment Ordinance — Adopt 9. BIDS 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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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) First Annual Kent Turkey Challenge D) Economic Development Report 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 J. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of October 4, 2011 7B. Approval of Bills. Approval of payment of the bills received through August 31 and paid on August 31, after auditing by the Operations Committee on October 4, 2011. Approval of checks issued for vouchers: Date Check Numbers Amount 8/31/11 Wire Transfers 4736-4753 $1,706,652.40 8/31/11 Regular Checks 656147-656600 3,623,285.60 8/31/11 Use Tax Payable 3,708.53 $5,333,646.53 Approval of payment of the bills received through September 15 and paid on September 15, after auditing by the Operations Committee on October 4, 2011. Approval of checks issued for vouchers: Date Check Numbers Amount 9/15/11 Wire Transfers 4754-4772 $2,039,698.16 9/15/11 Regular Checks 656601-657147 2,906,604.64 9/15/11 Use Tax Payable 5,201.26 $4,951,504.06 Approval of checks issued for payroll for September 1 through September 15 and paid on September 20, 2011: Date Check Numbers Amount 9/20/11 Checks 324763-324946 $ 145,113.85 9/6/11 Voids & Reissues 324762 0.00 9/20/11 Advices 288327-288977 1,266,352.64 $1,411,466.49 y RCN i Kent City Council Meeting Was„ „ ,., October 4, 2011 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Pro Tem Perry. Councilmembers present: Albertson, Harmon, Higgins, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) No changes were made. 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 Recoanition. (CFN-198) Albertson commended those who coordinated the Greater Historical Society dinner and auction, and encouraged donations to Children's Orthopedic Hospital. B. Community Events. (CFN-198) Ranniger announced a fundraiser for Kent schools, construction of a playground, and a Kent Parks fundraiser. Raplee announced upcoming events at ShoWare. PUBLIC COMMENT A. Cooper Ridae Plat. (CFN-1293) John Kastien, 20409 94th Avenue S., asked that a Cease and Desist Order relating to the plat be issued, and stated that dis- cussion of the motion made on September 20, 2011, should be done in an open meeting. He provided Council members with a letter containing his comments and Raplee moved that it be made part of the public record. Thomas seconded and the motion carried. B. Copper Ridae Plat. (CFN-1293) George Kresovich, Attorney representing Schneider Homes, 1221 2nd Avenue, Seattle, noted that over the past 40 years Schneider Homes has built thousands of homes in Kent and has never had a problem or dispute with the City of Kent, with the exception of Copper Ridge. He noted that the economy has caused problems for both the City and real estate developers, and assured the Council that Schneider Homes is committed to continuing its long-term professional relationship with the City. C. Homeless Follow Up. (CFN-118) Wade Schwartz, 22403 129th Place SE, noted that he has met with Council member Albertson and proposed starting a Homeless Action Committee made up of people who can help the homeless get back into a regular lifestyle. Albertson encouraged interested persons to contact her at City Hall. Council member Higgins volunteered to serve on the committee. Schwartz emphasized that he is not asking for money. CONSENT CALENDAR Ranniger moved to approve Consent Calendar Items A through H. Raplee seconded and the motion carried. 1 Kent City Council Minutes October 4, 2011 A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of September 20, 2011, were approved. B. Approval of Bills. (CFN-104) Bills were not available for approval. C. United States Geological Survey Joint Funding Agreement. (CFN-1038) The Mayor was authorized to sign the Joint Funding Agreement for Water Resources Investigations between the City and the U.S. Geological Survey, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. D. AMEC/64th Avenue S. Channel Improvement Project Contract. (CFN-1014) The Mayor was authorized to sign a Consultant Services Agreement with AMEC, Earth and Environmental, Inc., in an amount not to exceed $19,160.21, to perform a geotechnical investigation for the 64th Avenue S. Channel Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. ESA Adolfson/64th Avenue S. Channel Improvement Proiect Contract. (CFN-1014) The Mayor was authorized to sign a Consultant Services Agreement with ESA Adolfson, in an amount not to exceed $12,995.93, to perform wetland delineation work and update the biological assessment report for the 64th Avenue S. Channel Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. Zion Lutheran Church Bill of Sale. (CFN-484) The Bill of Sale for the Zion Lutheran Church project (permit #2092410) for 360 linear feet of new street; 360 linear feet of frontage improvements including 2 street lights and 8 street trees; 3 catch basins, and 203 linear feet of storm sewer line was accepted. G. Horseshoe Bend Demolition. (CFN-1318) The Horseshoe Bend Demolition Project was accepted as complete and release of retainage to SkyCorp upon receipt of standard releases from the state and release of any liens was authorized. The original contract amount was $62,598.96. The final contract amount was $108,051.10. H. Upper Johnson Creek Restoration, Phase I. (CFN-1297) The Upper Johnson Creek Restoration Phase I was accepted as complete and release of retainage to Jansen, Inc. upon receipt of standard releases from the state and release of any liens was authorized. The original contract amount was $317,314.58. The final contract amount was $332,010.09. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) No report was given. C. Administration. (CFN-198) Hodgson noted that he and the City Attorney are open to having a conversation regarding the Copper Ridge Plat in this public forum, but that since there might be litigation from any decisions that are made, they would like an executive session to brief the Council on the potential liability to the city and 2 Kent City Council Minutes October 4, 2011 potentially to individual Council members, after which they would be open to public discussion. Brubaker said that during the executive session, he would like to address issues the Council may have, and discuss potential legal liabilities. He added that after the executive session, Council is welcome to make a statement, have discussion, pass motions, etc., but urged them to use caution and not share information discussed during the executive session. D. Economic & Community Development Committee. (CFN-198) Perry noted that the next meeting is on Monday, October 10, at which there will be a public hearing on medical marijuana zoning regulations. E. Operations Committee. (CFN-198) Raplee announced that beginning on October 18, the time of the meetings will be changed from 4:00 p.m. to 4:30 p.m. F. Parks and Human Services Committee. (CFN-198) Ranniger reiterated upcoming community events. G. Public Safety Committee. (CFN-198) Harmon noted that the next meeting is at 5:00 p.m. on October 11. H. Public Works Committee. (CFN-198) No report was given. I. Regional Fire Authority. (CFN-198) Raplee said the first budget review will be held tomorrow night. Thomas added that the meeting with the City of Tukwila has been cancelled. EXECUTIVE SESSION At 7:32 p.m., Hodgson noted that the executive session will take approximately 30 minutes, and the regular meeting recessed to executive session. An announcement extending the length of the session by 20 minutes was given at 8:10, and an announcement extending the length of the session by another 10 minutes was given at 8:35 p.m. (CFN-198) ADJOURNMENT The meeting reconvened and adjourned at 8:40 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 3 O T Kent City Council Workshop October 4, 2011 Councilmembers Present: Albertson, Harmon, Higgins, Perry, Ranniger, Raplee, and Thomas. The meeting was called to order at 5:35 p.m. by Council President Perry. 2012 Operating Budget. CAO Hodgson gave an overview of the Mayor's letter which is contained in the 2012 Preliminary Budget notebook provided to Council members, and reviewed the major changes as shown on pages 11 and 12. Finance Director Nachlinger explained property tax and revenue information. Financial Planning Manager Barbara Lopez explained the contents of the budget document. Upon Raplee's recommendation, Council member Thomas agreed to take the lead on the $4.9 million RFA issue. Redistrictina. It was noted that Council members all agree on County redistricting lines, and Hodgson said information on the timeline for responding will be provided to Council members. The meeting adjourned at 6:45 p.m. Brenda Jacober, CMC City Clerk w," Agenda Item: Consent Calendar - 7C TO: City Council DATE: October 18, 2011 SUBJECT: Excused Absence for Council Member Albertson - Approve MOTION: Approve an excused absence for Council Member Albertson for the Council meeting of October 18, 2011. SUMMARY: EXHIBITS: Memorandum RECOMMENDED BY: BUDGET IMPACTS: None City Council Jamie Perry, Council President Phone: 253-856-5712 K E N T Fax 253-856-6712 W A s H I N G 1 o N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 MEMORANDUM TO: Suzette Cooke, Mayor City Councilmembers FROM: Elizabeth Albertson, Councilmember DATE: October 18, 2011 SUBJECT: City Council Excused Absence I would like to request an excused absence from the October 18, 2011 City Council meeting. I will be unable to attend. Thank you for your consideration. Elizabeth Albertson Councilmember nc KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: October 18, 2011 SUBJECT: Public Facilities District Board Re-appointments - Confirm MOTION: Confirm the Mayor's re-appointments of Cass Prindle and Lew Sellers to the Kent Events Center Public Facilities District for additional four year terms. SUMMARY: In accordance with City of Kent Ordinance No. 3852 and Public Facilities District Resolution No. 1769, each director was appointed to a different term in order to stagger the term end dates. These legislative documents and RCW 35.57.010(3) (a) require that after the initial appointment, each director's term is to be for a period of four years. EXHIBITS: None RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: October 18, 2011 SUBJECT: Contract Amendment, 228th Street Improvements — Authorize MOTION: Authorize the Mayor to sign an amendment to the consultant contract with Jason Engineering and Consulting Business, Inc., in an amount not to exceed $22,950, for the purpose of providing materials testing and inspection services related to the South 228th Street Improvements project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Public Works Engineering contracted with Jason Engineering and Consulting Business, Inc. to provide materials testing and inspection services for extensive underground utility construction, including a new water main and six foot diameter reinforced concrete storm water bypass system, to help alleviate the flooding of surface streets during periods of heavy rainfall. The materials used to bed the pipe and other utilities are tested to ensure they meet specifications and to ensure that trench backfill material is compacted to the required density to support the new concrete or asphalt roadway surfaces. This materials analysis and density testing requires a laboratory with certified equipment that the City does not own. The magnitude of the contractor's effort to complete this project within the short time constraint allowed has lead to significantly higher inspection costs in 2011; thus, this amendment is required. The original contract amount was $64,095.00. The amendment will bring the total contract amount to $87,045.00. EXHIBITS: Contract Amendment RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The costs were anticipated and are funded from the Drainage Fund. ET!T was�, o,o AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Jason Engineering & Consulting Business, Inc. CONTRACT NAME & PROJECT NUMBER: S. 228`" St. Improvements ORIGINAL AGREEMENT DATE: May 20, 2011 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Continue to provide testing and inspection services for the project. For a description, see the Consultant's September 14, 2011 Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $64,095.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $64,095.00 including all previous amendments Current Amendment Sum $22,950.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $87,045.00 AMENDMENT - 1 OF 2 Original Time for Completion 6/30/12 (insert date) Revised Time for Completion under 0 prior Amendments (insert date) Add'I Days Required (f) for this 0 calendar days Amendment Revised Time for Completion 6/30/12 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. I IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: .f I � � By: By: Qj (signatureY=r (signature) Print Name: ayc1 _ Print Name: Suzette Cooke Its +2cs 5 Its Mayor (title) (title) DATE: ` t,9 � tt DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department ]EC6-226"Improvements Amd l/Tenerelli l i AMENDMENT - 2 OF 2 Jason Geotechnical Engineering Rev Date: 09-14-2011 Engineering& Retaining Structures Project:South 228th Street Consulting Project Management/Inspection Improvements, Kent#09-3029 Business,Inc. Pavement Design&Analysis Supplemental Budget File#: 11-020 I Scope of Services, Exhibit These rates will apply for the duration of the project and should provide all the testing and inspection requirements for your project: South 228th Street Improvements,Kent#09-3029, Supplemental Budget v� Provide onsite construction inspection and recommendations regarding construction materials as requested. yr Observe placement and procedures of materials. Provide density tests to confirm compaction and testing specification requirements, Sample imported material to evaluate and confirm specification requirements. This includes laboratory testing for each material type encountered and/or imported to the site. Testing methods will be performed according to current applicable standards. Provide miscellaneous professional, construction management and administrative services related to this project as directed,photograph construction materials and methods as appropriate or as directed by the Owner's Representative. Provide to the owner 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 v- Provide laboratory testing/analysis as directed for soil samples, concrete cylinders and other material samples provided by City of Kent. v� Provide training and advice to assist City of Kent staff to perform material analysis and in-situ compaction testing. v� 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. v- 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. s� 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 any inspection and professional engineering services (weekends are minimum 4 hours). Mileage reimbursement for non-resident inspector is charged from the Auburn office to the job site and back to the office. s� 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. PO Box 181 Auburn WA.98071 Phone: (206)=786-8645 Fax:(253)833-7316 Email:Jason@jasonengineering.com Jason Geotechnical Engineering Rev Date: 09-14-2011 '.. OfAEngineering& Retaining Structures Project:South 228t^Street Consulting Project Management/Inspection Improvements, Kent#09-3029 Business,Inc. Pavement Design&Analysis Supplemental Budget j File#: 11-020 Schedule of Fees & Services, Exhibit B PROFESSIONAL SERVICES Unit Rate Item Total 300 Construction Management Inspector $60.00 per hour $18,000.00 Asphalt Inspection&Monitoring w/Densometer $60,00 per hour Concrete Inspection&Monitoring $60.00 per hour 40 Material Testing Training $60,00 per hour $2,400,00 '.. Soils Inspection&Monitoring w/Densometer $60.00 per hour Professional Engineering Services $95.00 per hour 45 Administrative services $40,00 per hour $1,800.00 Mileage per round trip, non-resident (20 Miles per each RT) $0.75 per mile OT/Holiday hours 1.5 x rate per hour LABORATORY SERVICES Unit Rate Item Total 1 Asphalt,Ignition&Gradation $150.00 each $150,00 1 Asphalt,Rice Specific Gravity $85,00 each $85,00 Masonry,CMU Prisms $130.00 each 3 Concrete/Grout;Cylinders/Prisms $20.00 each $60.00 1 Soil,Fracture Count $75.00 each $75.00 1 Soil,Proctor(Standard or Modified) $150.00 each $150.00 1 Soil,Sand Equivalent Test $75.00 each $75.00 ' 1 Soil,Sieve Analysis with#200 wash $125.00 each $125.00 1 Soil,Unit weight $30.00 each $30.00 Estimated Supplemented Budget; $22,950.00 Estimated Original: $64,095.00 Estimated Total; $87,045.00 I I PO Box 181 Auburn WA.98071 Phone: (206)-786-8645 Fax: (253) 833-7316 Email:Jason@jasonengineering.com ® DATEIMMIDA/YYYY) A�a CERTIFICATE OF LIABILITY INSURANCE 04-19-2011 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONALINSURED,the policy(ies)must be endorsed. If SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statemerl this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MARSH ADVANTAGE AMERICA/PHS PHONE Na E e. (877) 616-7474 (nic,Na: (g77) 905-0457 543148 P: (877) 616-7474 F: (877) 905-0457 E-MAI ADDRESS: PO BOX 33015 PRODUCER SAN ANTONIO TX 78265 ( ¢ ct CUSTOMER IDIn H: �} �jj INSURERS)AFFORDING COVERAGE NAICN INSURED C 'Tq F't 'I NSI"�ViER A: Hartford Casualty Ins Co JASON ENGINEERING & CONSULTING INSURER B: BUSINESS INC NVY (} ? ail INSURERC: PO BOX 181 AUBURN WA 98071 44 INSURER D "Ys ^.G65i t�l�(",'r W }c 5Y1t2RER F: COVERAGES CERTIFICATE NUMBER REVISION NUMBER: THIS IS TD CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS '.. CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRDDT3TnR� POLIG POLICY E%P LIMITS LTR - TYPE OF INSURANCE IINSBI WVD POLICY NUMBER IMMIDD/VYW) IMM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE s 2, 0 0 0, 0 0 0 COMMERCIAL GENERAL LIABILITY PREMISES IEa occurrence) 5 300, 000 � XI A CLAIMS-MADE OCCUR MED EXP(Any one parson) I 510, 000 X General Liab X 54 SBM TS7856 06/01/2011 06/01/20121 PERSONAL&ADV INJURY 5 2, 000, 000 GENERAL AGGREGATE 1 $ 4, 000, 000 GEN'L AGGREGATE LIMIT APPLIE�S PER: PRODUCTS-COMP/OP AID 5 4, 000, 000 '. __1 POLICY L-1 JECCT �_XLOC 5 AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT $ ',.. E.accident) 2, 000, 000 '... ANYAUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ A SCHEDULED AUTOS 54 SBM TS7856 06/01/2011 06/01/2012 PROPERTY DAMAGE $ X ( HIRED AUTOS Per accident) X NON-OWNED AUTOS S 5 i UMBRELLA LIAB Li OCCUR EACH OCCURRENCE 9 EXCESS LIAB CLAIMS-MADE - AGGREGATE 5 DEDUCTIBLE 5 RETENTION S $ WORKEflS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY Y f N TDRV LIMITS ER E.L.EACH ACCIDENT $ 1, 000, 000 ANY PROPRIETORIPARTNER/EXECUTIVE— A MOmhrwrMEMNH,EXCLUDED? NIA 154 SBM TS7856 06/01/2011 06/01/2012 E,L DISEASE-EA EMPLOYE 51, 0001000 f yes,describe under EL DISEASE-POLICY LIMIT 51, 000, 000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Those usual to the Insured' s Operations . Certificate holder is an Additional Insured per the Business Liability Coverage Form SS0008 , attached to the policy. CERTIFICATE HOLDER CANCELLATION The City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Public Works BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE Engineering Dept DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 220 4 th Ave . S . AUTHORIZEP BIEPRESENTATIVE % / ,�I Kent WA 98032 �Z / a-a � r' 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 f2009/09) The ACORD name and logo are registered marks of ACORD OHL 'ON—Uddbl 6H106— 'LZ "Ir—?wII PaAiaaay ACORD 1 CERTIFICATE OF LIABILITY INSURANCE PRDDvicex THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Stanford Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1010 S 336th St,Ste N O HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Federal Way,WA 980D3 INSURERS AFFORDING COVERAGE NAIC# INSURED INSUR,,. CNA Insurance Compar& INSURER B: - , Jason Engineering&(bnsulting Business, Inc INSURER PC Box 181 INSURER D, j Aubum.WA 98071 NSUR�R E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE P0LICYP6RIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE I3sUEb OR , MAYPERTAIN,TH€INSURANCE AFFORDED SYTHE POLICIES DESCRIBED HEREIN IS SUBIECTTO ALL THETERMS-EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, '.. tR ImwPOLICY NUMSER POLICY§I:IErnvE DATE E PN7ATION uMITS 2E OF INSURANCE CEnERALUASILNY EACH OCCURR CE _,,,-, COMMERCIAL GENERAL LIABILITY PREM4'E"y(,fgyYLL'n° S CLAIMSMAOE OCCUR MEb E4P[AM one Dalsonl PEREONAL&ADV NJJRY EENERALAGGREGATE OeN'L AGGREGATELIMIT.ARPLIES PER: PRODUCTS-COMPPOP AGG S POLICY PRO LOC AurOMMILELIABILITY COMBINED SINGLE LIMIT $ (E00miaont) ANY AU7Q ALLONMEDNJTOS EMILY HJURY $ (PBrww) SCHEOULEOAUTOS �.. HIREDAUTOS ECOILY INJURY T NON-OY+NEO AVT03 ' (PPRHOPE enDAMAGE s 6ARADE LIA8ILIIY NJTO ONLV.EAACCIDENY $ 0�ryER THAN EAACC $ ANY AUTO pUY0014LV: AEG d EXCEBWMERELLALIABILITY EM.H Oc RRENCE S OCCUR ' 10aIMSMACE AGGREGATE 8 i ) DEDUCTIaLR i RETENTION T WC STATU- O '' W ORKESS COMPENSATION AND E EMPLOYERS'LIASILM E.LEACHACCIDENT ANf PrROPR14TORPMTNERIIXECUTTVE E.L.DISFp=E-FA EMPLOYEE OFGIC<RJMEM.REXCL.DED? IDRNGEX .... .. .•.. If yyqqB dS6pI6°LEdeT E.L.DISEASE-POLICY LIMN $ SPEN40L PROVISIONS WNW $17553,DOD Per Claim ' A OTMR MCH2138253318 10/1212010 1Dl12/2011 Errors&Omissions $1,000,DOD Aggregate DESCRIPTION OF OPERAMOMI LOCATIONSIV IaE3i EXCLUSIONS ADDED OY ENDORSEMENT I$PEOLAL PREVUTDNS Evidence of Insurance '... i I CERTIFICATE HOLDER CANCELLATION Ili SHOULD ANY OF TIE AwO SCR POLICES sE CANCELLED BEFORE' EEXPIRATION City ofKent DATE THEREOF,THE ISSUING MSURIER WILL ENDEAVORTOMAPL 10 DAYSWRTIEN AOO W Gowe Nonni TV THE CURTIFICAW MLDER NAMED TO TIE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBUDA=N OR LIABILITY OF ANY mm UPON"INSURER,Ra ADE VR RFPMENTATIVEIL Kent,WA 98032 AUTHORIZED REWESENTATrYE 0 ACORU CORPORATION 1958 ACORD 25(2001108) '...... KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: October 18, 2011 SUBJECT: Amendment to Corrections Facility Medical Services Agreement - Authorize MOTION: Authorize the Mayor to sign the Fourth Amendment to the Corrections Facility Medical Services Agreement, subject to final terms and conditions acceptable to the City Attorney and Police Chief. SUMMARY: Public Hospital District No. 1 of King County (dba Valley Medical Center Occupational Health Services) provides certain medical services, required by State law, to inmates of the City of Kent Corrections Facility. The Fourth Amendment increases medical staff compensation effective January 1, 2012. The existing agreement is effective through December 31, 2011. EXHIBITS: Fourth Amendment RECOMMENDED BY: Public Safety Committee 10/11/2011 BUDGET IMPACTS: Staffing levels and hourly rates are amended and budgeted in the proposed Corrections 2012 budget. KENT FOURTH AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT THIS FOURTH AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT is made between the CITY OF KENT, a Washington municipal corporation ("City"), and PUBLIC HOSPITAL DISTRICT NO. 1 OF KING COUNTY (dba Valley Medical Center Occupational Health Services,) a non-profit municipal corporation organized under the laws of the State of Washington ("Vendor's. RECITALS A. On July 29, 2004, the City and Vendor entered into a Corrections Facility Medical Services Agreement for Vendor to provide comprehensive medical services at the Kent Corrections Facility ("Facility"). On November 27, 2006, the parties executed a First Amendment to the Agreement extending the Agreement's term through December 31, 2007, and later by a Second Amendment, extending its term an additional three years, through December 31, 2010. On November 30, 2010, the parties executed a Third Amendment that extended the Agreement through December 31, 2015. B. The parties express their mutual intent and desire to further amend the Agreement to increase staff compensation. NOW THEREFORE, in consideration of the mutual intent, desire and promises of the parties and other good and valuable consideration, City and Vendor agree as follows: 1. Section III, Level of Service and Compensation, Subsection A, Staff - Level of Service and Hourly Rates, is amended to delete that subsection in its entirety and replace it with the following: A. Staff - Level of Service and Hourly Rates. Staffing levels and hourly rates are set forth below. The staffing levels may be altered at the request of the City with thirty (30) days advance written notice to the Vendor and expressed in a written addendum signed by both parties; provided, thirty (30) days advance written notice shall not be required for minor changes mutually agreed upon by the City and Vendor. The Vendor shall provide the following level of service on the days indicated and at the hourly rates indicated: ANNUAL HOURS POSITION 2080 Licensed Practical Nurse ("LPN") @ $41.77/hr 40 Hours per week Work performed Mon-Fri, 7:00 am- 3:30 pm Total monthly cost: $7,240.13 Total annual cost: $86,881.60 FOURTH AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT - 1 ANNUAL HOURS POSITION 3120 Registered Nurses ("RNs") @ $70.85/hr 60 Hours per week Work performed Mon-Fri, 12:30 pm- 9:00pm and Sat-Sun, 10:00 am-8:30 pm Total monthly cost: $18,421.00 Total annual cost: $221,052.00 72 Medical Doctor, Psychiatrist ("MD'� @ $200.00/hr 6 Hours per month Work performed as needed Total monthly cost: $1,200.00 Total annual cost: $14,400.00 312 Physician's Assistant ("PA'� @ $91.52/hr 6 Hours per week Work performed in shifts totaling 6 hours per week at Vendor's discretion Total monthly cost: $2,379.52 Total annual cost: $28,554.24 The total annual expense for Vendor staff at the above levels of service and at the above hourly rates will be $350,887.84. On or around July 1 of each year, Vendor may increase the hourly rates for the LPNs, RNs, PAs under this Agreement if and to the extent it increases the hourly rates for all its LPNs, RNs, PAs pursuant to an applicable labor contract. Vendor will provide City with at least thirty (30) days' advance written notice of such increase and make any such contract available for review by the City, upon request. Any such increase will be expressed in a written amendment to this Agreement executed by both parties. B. Estimated Administrative Expenses. The Vendor shall provide the following administrative services: 1. On-call for telephone consultation with LPN, RN, PA, Medical Director, Jail Health Administrator or other doctor; 2. Billing, records management, storage, and scheduling; 3. Medical director oversight; and 4. Administrative oversight. 5. Program support services as called for in Section VI of the Agreement. FOURTH AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT - 2 6. Provide additional staff coverage during vacations, sick and emergency leaves These administrative services shall be provided at an annual rate of $66,424.80. 5. Except as specifically amended by this Fourth Amendment, all remaining provisions of the Agreement, as well as amendments not superseded by later amendments, will remain in full force and effect. In addition, upon the effective date of this Fourth Amendment, the written provisions and terms of this Fourth Amendment 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 the Agreement or any of its Amendments. 6. The effective date of this Fourth Amendment is January 1, 2012. By signing below, the parties have executed this Fourth Amendment to the Corrections Facility Medical Services Agreement. CITY OF KENT By: Print Name: Suzette Cooke Title: Manor Date: PUBLIC HOSPITAL DISTRICT NO. 1, dba Valley Medical Center Occupational Health Services By: Print Name: Title: Date: Approved as to Form: Arthur "Pat" Fitzpatrick, Deputy City Attorney P:\Civil\Mles\Open Mles\1525-Jail Medical Services 2011\FourdiA endment.JailMedicalAgreement.2011through2015.docx FOURTH AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT - 3 KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: October 18, 2011 SUBJECT: Possession of Graffiti Tools, Ordinance Amending Kent City Code 9.02 - Adopt MOTION: Adopt Ordinance No. , amending Ch. 9.02 of the Kent City Code, by adding a new section 9.02.193 entitled, "Possession of Graffiti Tools," making it unlawful for any person to possess graffiti tools within the city of Kent. SUMMARY: Graffiti is a serious problem that is often associated with gang activity. It signals an increase in crime, generates fear, is costly, lowers property values, and is economically detrimental to the citizens of the city of Kent. Graffiti crime is growing within the city, and the police department needs additional tools to combat graffiti problems throughout the city. To better meet the needs of the city, and to address specific areas of criminal conduct regulation, it is appropriate to add the current provisions dealing with possession of graffiti tools to the Kent City Code. EXHIBITS: Ordinance RECOMMENDED BY: Public Safety Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 of the Kent City code, by adding a new section 9.02.193 entitled "Possession of Graffiti Tools," making it unlawful for any person to possess graffiti tools within the city of Kent. RECITALS A. Graffiti is a serious problem that is often associated with gang activity, signals an increase in crime, generates fear, is costly, lowers property values, and is economically detrimental to the citizens of the city of Kent. B. The crime of graffiti is growing within the city and the police department needs additional tools to combat the ever increasing graffiti problems throughout the city. C. To better meet the needs of the city, and to address specific areas of criminal conduct regulation, it is appropriate to add the current provisions dealing with possession of graffiti tools to the Kent City Code. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Amend KCC 9.02 Possession of Graffiti Tools ORDINANCE SECTION 1, —New Section. Section 9.02.193, entitled "Possession of Graffiti Tools," is added to the Kent City Code as follows: A. It shall be unlawful for any person to possess graffiti tools. B. A person possesses graffiti tools when they possess any paint, marking pen, glass-cutting tool, glass-etching tool, materials, instruments, or any other item adapted, designed or commonly used for committing or facilitating the commission of an offense involving damaging, defacing, or destroying public or private property, and they possess the item under circumstances evincing an intent to use or employ, or allow the same to be used or employed, in the commission of such an offense, or under circumstances evincing an intent that some other person will use or employ the thing possessed in the commission of such offense. C. "Defacing" as used in subsection (B) of this section shall include, but not be limited to, the writing, painting, inscribing, drawing, scratching, cutting, etching or scribbling upon any wall or surface owned, operated or maintained by any property owner or the city unless the city or the property owner grants written permission for such writing, painting, inscribing, drawing, scratching, cutting, etching or scribbling. D. The unlawful possession of graffiti tools is a misdemeanor. SECTION 2, — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2 Amend KCC 9.02 Possession of Graffiti Tools SECTION 3, - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, regulations; or ordinance numbering and section/subsection numbering. SECTION 4, - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2011. APPROVED: day of 2011. PUBLISHED: day of 2011. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\Graffid.docx 3 Amend KCC 9.02 Possession of Graffiti Tools KENT Agenda Item: Consent Calendar — 7H TO: City Council DATE: October 18, 2011 SUBJECT: Washington Traffic Safety Commission Grant — Authorize MOTION: Accept the Washington Traffic Safety Commission Grant in the amount of $5,000, authorize the Police Chief to sign all necessary documents, amend the budget, and authorize expenditure of the funds consistent with the terms and conditions. SUMMARY: The Kent Police Department has received notification of award of grant funds in the amount of $5,000 for the Kent/South King County Target Zero Task Force Law Enforcement Liaison (LEL). The funds provide reimbursement for the LEL's, designated in Kent to be Sergeant Robert Constant, including training, travel and overtime, to promote and participate in WTSC multi-jurisdictional and high visibility enforcement mobilizations. This grant begins on October 1, 2011 and ends September 30, 2012. EXHIBITS: WTSC Memorandum of Understanding RECOMMENDED BY: Public Safety Committee 10/11/2011 BUDGET IMPACTS: No City matching funds required. Funding is on a reimbursement basis. 2�F'fATE OF s $ e 1PF MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Kent Police Department and the Washington Traffic Safety Commission (WTSC). IT IS THE PURPOSE OF THIS AGREEMENT to secure the efforts of Sgt. Robert Constant to serve as a Law Enforcement Liaison (LEL) for the WTSC. His task is to increase the participation and effectiveness of law enforcement agencies and officers in King County to promote and participate in WTSC multi-jurisdictional and High Visibility Enforcement mobilizations and promote the mission of Target Zero. TERM: October 1, 2011 through September 30, 2012 AMOUNT: NOT TO EXCEED $ 5,000.00 CFDA # 20.600 IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. Contractor, using designated LEL, will solicit agencies to participate in the WTSC High Visibility and multi-jurisdictional state wide mobilizations conducted during federal fiscal year October 1, 2011 through September 30, 2012. 2. Contractor, using designated LEL, will increase officer commitment and effectiveness during the state wide High Visibility multi-jurisdictional mobilizations and other to be identified TARGET Zero enforcement activities. 3. Contractor, using designated LEL, will promote multi-agency task forces. 4. Contractor, using designated LEL, will assist the WTSC by providing the law enforcement perspective as we develop plans for programs to save lives and reduce serious injuries resulting from traffic crashes. 5. WTSC will reimburse Contractor for designated LEL's work as follows: a. Overtime hours worked serving as WTSC's LEL - Reimbursement will be paid at the rate of not more than 1.5 times the officer's hourly rate plus Contractor's contributions to employee benefits including FICA, Medicare, Worker's Compensation, and unemployment. Created:August 31,2011 Page 1 of 3 b. Overtime reimbursement for training hours do not qualify for reimbursement. c. Incidental costs such as copying, phone calls, equipment purchases, etc., must be approved in advance by WTSC. d. Equipment may be purchased at the documented hourly rate of the LEL in lieu of overtime. Prior approval for any equipment purchases must be obtained in writing from WTSC and such requests shall be accompanied by a completed time log (Appendix A). 6. WTSC will provide a training program for the LEL's and will reimburse for travel, and training expenses as needed at the state per diem rate. 7. A monthly report shall be submitted by the designated LEL by the loth day of the following month on a form provided by WTSC. Reimbursement requests will not be processed until monthly reports are current. S. Contractor must submit claims for reimbursement in a timely manner to WTSC for payment. Any request for reimbursement for activity conducted October 1, 2011through June 30, 2012 must be received by WTSC no later than August 15, 2012. Reimbursement for activities occurring between July 1, 2012 and September 30, 2012 must be received by WTSC no later than November 15, 2012. Requests for reimbursement received after those dates shall not be paid by WTSC. Claims for reimbursement must include: ➢ Invoice Voucher, A19-IA Form. Please note we cannot accept a FAX. (We must have your agency identified as the "Claimant", a Federal Tax ID Number and an original signature of the agency head, command officer, or contracting officer on the A-19 form) ; ➢ Payroll support documents (signed overtime slips, payroll documents, etc.) and other supporting documents must be attached to ensure approved reimbursement. 9. Any dispute, disagreement or question of fact concerning this Agreement shall be decided by the WTSC Law Enforcement Liaison Program Manager. The decision shall be in writing and shall be distributed to the parties concerned. If the Contractor disagrees with the decision by the WTSC LEL Program Manager, the decision may be appealed to the Director of the Washington State Traffic Safety Commission. The appeal must be made in writing within 30 days of the WTSC decision and served by certified mail. 10. Either party may terminate this agreement upon 30 days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. Created:August 31,2011 Page 2 of 3 11. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. (Agency Head) (Washington Traffic Safety Commission) (Date) (Date) (Law Enforcement Liaison Officer) (Date) Return to: Terry Davenport Law Enforcement Liaison Program Manager WTSC 621 — 8th Avenue SW, Suite 409 PO Box 40944 Olympia, WA 98504-0944 360.725-9890 tdavenport@wtsc.wa.gov Created:August 31,2011 Page 3 of 3 w," Agenda Item: Consent Calendar - 7I TO: City Council DATE: October 18, 2011 SUBJECT: Centennial Center HVAC Systems - Accept as Complete MOTION: Accept the Energy Savings Performance Project as complete and release retainage to McKinstry Essention, Inc. upon receipt of standard releases from the state and release of any liens. SUMMARY: On March 2, 2010, Council awarded the contract to McKinstry Essention, Inc. to complete the Energy Savings Performance Project for the Centennial Center HVAC Systems. The project is complete and was approved by the Project Manager on October 6, 2011. The warranty will be in effect until August 1, 2012. EXHIBITS: Letter RECOMMENDED BY: Parks staff BUDGET IMPACTS: None i FACILITIES MANAGEMENT Alex Ackley >;s Interim Superintendent 220 4" Avenue South KENT Kent, WA 98032 W.' o Fax: 253-856-6080 PHONE: 253-856-5080 October 6, 2011 Charlie Fajarillo McKinstry Essention, Inc. PO Box 24567 Seattle, Wa. 98124 RE: Energy Savings Performance Contract for Centennial Center HVAC Systems Dear Charlie: In having received the final Close Out Manuals and having made a final inspection of the City of Kent Centennial Center HVAC Systems Project, I have found that the project is completed to my satisfaction. This letter serves as final acceptance of the Public Works Project effective as of August 1, 2011. The one-year warranty period will remain in effect through August 1, 2012. Please make sure that all necessary State documents have been completed and filed. If you have any questions, please call .me at (253)856-5082. Sincerely, 1s . Mike Hattrup, Parks Facilities Project Coordinator City of Kent Parks Facilities C: Jeff Watling Parks Director Recreation & Community Services v Chauntelle Kristek !'",* MAYOR SUZETTE COOKE City of Kent Parks, Recreation &Community Services Jeff Watling, Director KENT Agenda Item: Consent Calendar - 73 TO: City Council DATE: October 18, 2011 SUBJECT: Legend Short Plat Bill of Sale - Accept MOTION: Authorize the Mayor to accept the Bill of Sale for the Legend Short Plat, permit No. 2062335, for 1 gate valve, 1 hydrant, 210 linear feet of waterline, 200 linear feet of frontage improvements, 2 catch basins, and 28 linear feet of storm sewer line. SUMMARY: Legend Short Plat is located at 81X East Walnut Street. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: ''.. 220 — 4TH AVENUE SOUTH KENT, WASHINGTON 98032 WASHINGTON lT �4 Project: Legend Short Plat !:Palm Permit #: RPP2-2072465 SP.P 23 w Location: SIX E. Walnut Street oUT Parcel #: Adjacent to: 918370-2785 &918370-2787 BILL OF SALE CITY OF KENT j KING COUNTY, WASHINGTON THIS INSTRUMENT made this �� day of IQ2Tr-- AM'47f 20 1 , by and between L. f l�0',1)G , tQi(v:J . 1-16LAA,cf S / L c:- hereinafter called "Grantors", and City.o Kent, a mu icipal 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_1_ gate valves at $ _$380 each, _1_ hydrants at $ _$2500 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) E. Walnut St. STA 7+90 STA 10+00 Including _210 linear feet at $ _$85 per LF of (size &type) _8" DY waterline. B. SANITARY SEWERS: Together with a total of _N/A manholes at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including N/A linear feet at $ per LF of (size &type) sewerline. Bill of Sale 1of5 i I C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) Including N/A linear feet at $ per LF of (size &type) (improvement). j D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) E. Walnut St. STA 6+00 STA 10+00 i i Including _200 linear feet at $ $92 per LF of (size & type) curb/gutter/sidewalk& 20' wide asphalt Raving (improvement). i E. STORM SEWERS. Together with a total of manholes at $ each or total of®2 catch basins at $ _$1650 each, N/A LF of biofiltration Swale or drainage ditch with a total cost of $ _N/A cubic feet of detention pond storage with a total cost of $ and/or any other appurtenances thereto. i ON FROM TO (street, easement, etc.) I j Including 28 linear feet at $ $30 per LF of (size &type) 12" RPVC 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 Fr...r. all .. ..anew; that a ..bills for labor and ate n :a's have tee - l ; that it has the right to sell I. the same aforesaid; that it will waFrant and defend the same aga nst the lawful cla ms and demand of a" peMon(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2of5 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of 20 f i Rw l d-bU'V,c Lfi-ra,w4g "C— IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this dayof 201�. STATE OF WASHINGTON COUNTY OF KING ) SS On this %J day of 20 1L , before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the individual described in and j who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Notary Public in and for the State of Washington, residing at My Commission Expires: Bill of Sale 3of5 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this /9 � day of zS e'eae , 20 1 / before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared <�L!/1 N. yorUl;5' and to me to be the t°vr fnr A'P and I1)iJnl(CffNJC f'1'1o.n—lbe.— respectively of LL,1e-1 8 5 a c the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. BONNIE M, BA3COCN, Notary Pubilc Notary Public in and for the State of state of washinggton Washington, residing at !',hy Commission Explro, September 22, 2013 My Commission Expires: Bill of Sale 4of5 ENT WASH im a r*N i ENGINEER°S CERTIFICATION CITY OF (LENT 4 ICING COUNTY, WASHINGTON The figures used on the Bill of Sale for Legend Short Plat project I dated for the same said 2-Lot Short Plat project. Shupe Holmberg the I undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Encompass Engineering , the firm responsible for the preparation of the record drawings. 61fup)?&� Signature a (Engineer stam a g� c�ord�L Bill of Sale 5of5 KENT Agenda Item: Other Business — 8A TO: City Council DATE: October 18, 2011 SUBJECT: Sanitary Sewer Easement & Covenant, Scoccolo Property — Authorize MOTION: Authorize the Mayor to sign the Sanitary Sewer Service Agreement and Covenant with ST Multi 2 L.L.C., subject to final terms and conditions acceptable to the City Attorney and Public Works Department. SUMMARY: Regional homebuilder, Polygon Northwest, formed ST Multi 2 L.L.C. to develop and construct a 465-unit residential development in SeaTac, near the intersection of 42nd Avenue South and Orillia Road. The site is known as the Scoccolo Property. SeaTac does not provide sanitary sewer service in this area, but Kent does. This agreement allows the development to connect to Kent's sanitary sewer system and send wastewater to the METRO trunk line for treatment in Renton. Kent added conditions to the agreement to include provisions related to traffic impacts of the development and stormwater runoff. Traffic mitigation fees were paid into the South 228th Street Extension Project. Stormwater runoff from the site will be treated and detained in a facility constructed by Polygon that was dedicated to the City. EXHIBITS: Sanitary Sewer Service Agreement and Covenant RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The development was required to pay for its impacts to Kent facilities as a condition for sanitary sewer service. Traffic mitigation fees were used to help pay for the South 228th Street Extension project. Stormwater development fees were paid into the Johnson Creek Mitigation project and stormwater utility. Kent and METRO permit fees were paid to hook up the sanitary sewer line. Homeowners in SeaTac will be billed by Kent for monthly stormwater and sewer utility fees. After recording, return to: Property Management City of Kent 220 - 4th Avenue South Kent, Washington 98032 Reference Number of Related Document: N/A Grantor(s): ST MULTI 2 LLC Grantee(s): City of Kent Abbreviated Legal Description: Portions of Section 03, Township 22N, Range 4E and Section 10, Township 22 N, Range 4 E.; WM, City of SeaTac, King Co., State of Washington Additional Legal Description: See Exhibit "A" of Document Assessor's Property Tax Parcels or Account No's.: 1022049035, 1022049007, and 0322049025 PROJECT NAME: Scoccolo Property Sanitary Sewer extension SANITARY SEWER SERVICE AGREEMENT AND COVENANT ST MULTI 2 L.L.C., a Washington Limited Liability Company, their heirs, successors and/ or assigns (collectively referred to herein as "Owner") which is owner of certain property fully described below, for and in consideration of the furnishing of sewer utility service to said property by the CITY OF KENT ("City"), a Washington municipal corporation, do hereby agree as follows: Scoccolo Sewer Service Agreement Page 1 of 14 1. RECITALS 1.1. Owner is the owner of certain property, known as the Scoccolo Property, located just north of 42nd Avenue South and west of Orillia Road, legally described in Exhibit "A" attached and incorporated by this reference ("Property"). The Property is located outside the corporate limits of the City of Kent and within the corporate limits of the City of SeaTac, King County, Washington. 1.2. Owner has applied for development permit approval(s) from the City of SeaTac on the Property to construct approximately 465 new dwelling units. This approval is conditioned upon a showing of sewer service availability. 1.3. The Owner has requested that the City furnish sanitary sewer services to the Property, which is within the service basin described in the City of Kent Comprehensive Sewer Plan. The City is not, however, the sole purveyor of sewer utility services in the area. 1.4. RCW 35.67.310 authorizes the City to provide utility services to property outside its corporate limits and its potential annexation area under conditions set forth in Section 7.11.020 of the Kent City Code which includes, but is not limited to, requirements that transportation and storm water impacts be mitigated as a condition of providing service. 1.5 This Agreement and Covenant ("Agreement') is expressly provided for by statute and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 and provisions of RCW 82.02.020 shall not be applied nor shall this Agreement be construed to be for purposes of impact mitigation pursuant to the Washington State Environmental Policy Act or any rules or policies adopted thereunder. 1.6. Owner acknowledges that violation of the terms of this Agreement or upon the invalidation of this Agreement by judicial action, operation of law, or otherwise shall result in the immediate discontinuance of utility service at the sole discretion of the City. 2. MITIGATION OF IMPACTS TO STREET, ROAD AND TRAFFIC SYSTEMS 2.1 The proposed development and use of the Property will generate traffic that will result in increased volumes reducing the available capacity at the intersections of 42nd Avenue South at South 212th Street, 42nd Avenue South at South 216th Street, and South 228th Street at Riverview Boulevard in the City. Scoccolo Sewer Service Agreement Page 2 of 14 2.2 A new east-west arterial roadway corridor in the west-central portion of the City (hereinafter referred to as the South 228th Street west-leg Corridor), will provide an alternate route for those persons using South 212th Street/Orillia Road, South 216th Street/37th Place South/40th Place South, and Kent Des Moines Road (SR516) and serve to mitigate the traffic impacts created by the development of the Property. 2.3 Owner agrees to pay a proportionate share of all costs associated with the construction of the South 228th Street west-leg Corridor project. Payments shall be made on the following basis: 2.3.1 The total estimated cost of construction in 2003 dollars is Thirty Million Dollars ($30,000,000.00). With the City's financial participation plus grants and other agency financial participation, the Owner's proportionate share of construction costs is One Thousand Six Hundred Fifteen Dollars and No/100 ($1,615.00) per dwelling unit in 2003 dollars. The proportionate share shall be reduced by Seven Hundred Seventy Dollars and No/100 ($770.00) per dwelling unit (City of SeaTac Mitigation Fee) which equals Eight Hundred and Forty Five dollars ($845.00) per dwelling unit in 2003 dollars. At the time of payment, the Owner's payment shall be increased or decreased by the percentage change, if any, in the Seattle- Tacoma-Bremerton Consumer Price Index-Urban (CPI-U) as published by the United States Department of Labor's Bureau of Labor Statistics for the twelve (12) month period ending on December 31 of the previous year. 2.3.2 Payment shall be due prior to the issuance of a side sewer permit for each building and shall be based on the number of dwelling units per building. For example, if a building contains four dwelling units, the incremental payment in 2003 dollars would be computed as follows: 4 dwelling units x $845.00/dwelling unit = $3,380.00, to be paid prior to the issuance of a side-sewer permit for that building. 2.3.3 Payments shall be made by submission of a certified check or bank check prior to the issuance of a sanitary side-sewer permit for each building by the City. 2.3.4 Payments made by Owner shall be deposited with the City Finance Director in the City's South 228th Street west-leg Corridor project fund for use as necessary to offset the costs of planning, design, right-of-way acquisition, and construction of that project. Interest accruing on these monies shall be the property of the City and shall be deposited with the project fund. Scoccolo Sewer Service Agreement Page 3 of 14 3. CONSTRUCTION STANDARDS FOR OWNER'S IMPROVEMENTS AND SUBSEQUENT CONVEYANCE TO CITY 3.1 Owner agrees to design and construct all required sanitary sewer, public street and storm drainage system improvements with related appurtenances to the standards set forth in the City of Kent Construction Standards and/or the City of Kent Surface Water Design Manual, as applicable, in effect at the time of construction, and/or as approved by the Public Works Director and to comply with all applicable federal, state and local laws and regulations. The City of Kent acknowledges that those storm improvements to be located on the Property are within the jurisdiction of the City of SeaTac and will be designated and permitted to meet the City of SeaTac standards, which are substantially similar to those of the City of Kent. The City will not unreasonably enforce its standards for storm water control when they are in conflict with the City of SeaTac's standards. The Owner certifies that it has designed the on-site storm pond to meet the Green River Management Agreement, as all surface and subsurface waters from the Property flow to the City of Kent. 3.2 Upon completion of construction by Owner and approval by the City, Owner agrees to convey to the City all required sanitary sewer, public street and storm drainage improvements with related appurtenances along with all associated real property interests necessary for the operation and maintenance of those improvements. Consideration for all conveyances shall be the extension of sewer service to Owner under the terms of this Agreement. All deeds shall be recorded. 4. MITIGATION OF SURFACE AND STORM WATER DRAINAGE IMPACTS 4.1 Owner acknowledges that the development and use of the property will have surface and storm water drainage impacts in the City and agrees that the terms and conditions in this Section 4 serve as Owner's proportionate mitigation. 4.2 Storm water runoff from the Property is designed to be directed to (1) on-site and (1) off-site Surface and Storm Water Facility ("Facility") as shown on "Exhibit B" attached and incorporated by this reference. The on-site Facility will be owned and operated by the Owner, except that the Owner will provide the City with an easement allowing the City access to the Facility for inspection and, if necessary, operation during high flow or large storm events when it is necessary to retard or eliminate discharge from the Facility to mitigate downstream flooding. The City acknowledges that it must be responsible for this single operational task as the Owner will not likely have the expertise to perform analysis or make judgments about downstream flooding, or Scoccolo Sewer Service Agreement Page 4 of 14 develop the proper course of action that should be taken to avoid downstream impacts. 4.3 City acknowledges that the off-site Surface and Storm Water Facility will be owned and operated by the City upon its final acceptance, and that upon final acceptance, the Owner will have no operational or maintenance obligations for this Facility, and the Owner's only obligations will be those provided for in Paragraph 4.3.3. regarding damages due to defects in design and construction and those provisions pertaining to the Sewer Bore in paragraph 6. The approval and acceptance of the off-site Facility is subject to the following conditions: 4.3.1 Owner agrees to the commingling of runoff from private and publicly owned real property. 4.3.2 Owner agrees that the City of Kent shall not be under any obligation to maintain the quality of water introduced into the Facility until the completion of Owner's development and final acceptance of the Facility ("Facility") by and conveyance to the City 4.3.3 Owner agrees to defend, indemnify, and hold harmless the City for two years from the date of acceptance from any and all claims, demands, actions, injuries, losses, damages, costs or liabilities of any kind or amount whatsoever, whether known or unknown, foreseen or unforeseen, fixed or contingent, liquidated or unliquidated, arising by reason of defects in the design or construction of the Facility. Such damages may include, but will not be limited to: directing the storm water runoff from its current or natural course to the Facility; change in the amount or character of the flow; discharge of any toxic waste, hazardous waste, or other contaminant onto intervening properties or into the Facility by act or omission of Owner; or any enforcement action or third party lawsuit brought against the City under the federal or state Clean Water Acts or the Municipal Phase II National Pollutant Discharge Elimination Act Permit. However, this indemnification shall not apply to Acts of God or catastrophic, naturally occurring events, or final judgments against the City arising out of a determination by a court of competent jurisdiction that monetary damages suffered by a third party were actually and proximately caused by the acts or omissions of the City, its officers, officials, or agents. The provisions of this Paragraph shall survive the expiration or termination of this Agreement. Scoccolo Sewer Service Agreement Page 5 of 14 4.3.4 Upon completion of the development of the Property and acceptance of Facility by the City, the Facility will be conveyed to the City by Bill of Sale and associated real property will be dedicated to the City by statutory warranty deed. 4.3.5 A monthly Storm Water Utility Surcharge ("Surcharge") shall be levied by the City upon the Owner and subsequent owners of each dwelling unit constructed on the Property so long as the Facility is owned and maintained by the City and/or its successors and assigns. The amount of the Surcharge shall be equal to the sub-basin charges paid by real property owners within the City limits who are within the same drainage basin as the Property, as per KCC 7.05.090 as now adopted and as hereinafter amended. The amount of the Surcharge may be appealed only under the procedures set forth in Chapter 7.05.200 of the Kent City Code. Unpaid Surcharges shall be liens against the property pursuant to Chapter 7.01 of the Kent City Code. 4.3.6 Owners agree to submit to the jurisdiction of the City of Kent with regard to all provisions in the Kent City Code as now or hereinafter adopted that regulate or otherwise pertain to discharges to the Facility, including payment by Owners of the drainage systems development charge pursuant to Kent City Code 7.05.165. The City and Owners have determined that the total remaining drainage system development charge due amounts to Sixteen Thousand Five Hundred Twenty-one and 32/100 dollars ($16,521.32) as shown on the "Scoccolo System Development Charge Calculations" sheet attached and incorporated as "Exhibit C." Owners shall pay this remaining amount within ten (10) calendar days from the effective date of this Agreement. 5. CONSTRUCTION OF SANITARY SEWER AND RELATED APPURTANCES. 5.1 Owner agrees to construct those public sanitary sewer and related appurtenances ("Improvements") necessary to serve the Property to the standards set forth in the City of Kent Construction Standards and/or the Kent City Code, as applicable, in effect at the time of submittal of complete development engineering application(s) and/or as approved by the Public Works Director and to comply with all applicable federal, state and local laws and regulations. 5.2 Owner agrees that the construction of the Improvements will not begin until the City of Kent Public Works Department has approved the related construction plans. Scoccolo Sewer Service Agreement Page 6 of 14 5.3 The right is reserved to the City of Kent Public Works Department to inspect the Improvements for compliance with the standards described Section 3. The City will report noncompliance to the City of SeaTac and sanitary sewer service will not be provided until the Improvements are brought into compliance. 5.4 Upon final approval of construction by the City, Owner shall convey all Improvements by Bill of Sale and all associated real property interests to the City by statutory warranty deed; provided, however, that Owner and subsequent owners of dwelling units will retain ownership of side sewers. Thereafter, Owner and subsequent owners of the dwelling units will be responsible to the City for sewer connection fees and utility service charges and fees per Chapter 7.04 of the Kent City Code as now adopted or later amended. 6. SEWER BORE MAINTAINENCE PROVISIONS 6.1 Owner agrees that as a condition of the City's final acceptance of the sanitary sewer system, Owner shall construct a portion of the system known as the Sanitary Sewer Bore ("Bore"). The Bore is composed of approximately 800 lineal feet of 12" diameter HDPE pipe, which pipe has a "belly" of approximately 1-1/8" located approximately 240 feet downstream from the up-hill origin of the Bore. The City will perform yearly maintenance, which may include inspection, flushing, and cleaning of the Bore, if necessary, to ensure that solids and debris do not collect in the Bore. Yearly maintenance shall not include damage to the Bore from natural causes or acts of God. 6.2 Owner shall be responsible for payment of all costs of yearly Bore maintenance, in advance each year, on or before January 30. The estimated cost to perform maintenance in 2009 dollars is $1,500. The City shall provide the Owner with receipts indicating the time and materials expended to perform the maintenance within 30 days of City performing maintenance of the Bore. 6.3 The Owner's responsibility for continued payment of Bore maintenance shall be (a) terminated if, after the first five years of operation and inspection, no collection of solids or debris is detected by the City in its performance of the maintenance, or (b) adjusted to reflect a bi-yearly or longer maintenance interval if the results of the first five years of inspection indicate that a longer interval of maintenance can be instituted. 6.4 The Owner shall provide the City with a separate bond (or other form of security acceptable to the City) to secure Owner's payment of the Scoccolo Sewer Service Agreement Page 7 of 14 costs of yearly maintenance of the Bore in the amount of $5,000. The term of this bond shall be two years. Prior to expiration of this first maintenance bond, the Owner shall provide the City with a second two year maintenance bond in the amount of $5,000. Upon expiration of this second maintenance bond, the Owner shall be released from further bonding requirements, but not from the Owner's obligation to continue payment of yearly maintenance costs, subject to the provisions of this Agreement. 7. SATISFACTION OF CONDITIONS - REMEDIES 7.1 Owner's failure to comply with the mitigation terms and conditions set forth in this Agreement, as determined solely by the City, shall result in denial or discontinuance of sanitary sewer service to the Property. 7.2 If, by reason of any default or breach on the part of either party in the performance of any of the provisions of this Agreement, a legal action is instituted, each party shall be responsible for its own costs and fees. 7.3 Venue of any legal action brought under the terms of this Agreement shall be King County, Washington. This Agreement shall be governed by the applicable laws, rules, and regulations of the State of Washington and the City of Kent. S. COVENANT TO RUN WITH LAND This Agreement and Covenant shall run with the land in perpetuity and shall be binding upon all parties having or acquiring any right, title, or interest in the Property described herein or any part thereof. 9. MISCELLANEOUS 9.1 Any notice or demand required or permitted to be given under this Agreement shall be sufficient to be given in writing and if sent by registered or certified mail, return receipt requested, to the address of the parties set forth below. Any party may give notice in the manner provided in this paragraph to the other parties of a change of address. Any notice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. Notices to City of Kent: Tim LaPorte, P.E. Public Works Director City of Kent 220 Fourth Avenue South Kent, Washington 98032 Scoccolo Sewer Service Agreement Page 8 of 14 Notices to ST Multi 2, L.L.C.: Richard Rawlings ST Multi 2 L.L.C. 11624 SE 5th Street, Suite 200 Bellevue, WA 98009 9.2 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 of more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 9.3 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 Owner. 9.4 Should any term, provision, condition or other portion of this Agreement be held to be inoperative, invalid, or void, the same shall not affect any other term, provision, condition or other portion of this Agreement and the remainder of this Agreement shall be effective as if that term, provision, condition or portion was not originally part of this Agreement. 9.5 The headings used in this Agreement are for convenience only and in no way define, limit or extend the scope or the intent of any provision. 9.6 It is understood and agreed that this Agreement was mutually drafted by both parties and, in the event of dispute, is construed accordingly. 9.7 Upon execution, this Agreement shall be recorded with the King County Auditor's office. The parties agree that the exhibits may be reduced in size to conform to the Auditor's requirements. 9.8 The written provisions and terms of this Agreement, together with any Exhibits attached, 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. Scoccolo Sewer Service Agreement Page 9 of 14 9.9 This Agreement shall take effect on the last date signed below (excluding dates entered within notary blocks). ST Multi 2, L.L.C., a Washington Limited Liability Company By: Name: Richard Rawlings Title: Date: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Richard Rawlings 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 of St Multi 2, L.L.C., 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 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Scoccolo Sewer Service Agreement Page 10 of 14 CITY OF KENT By: Suzette Cooke Title: Mayor Date: 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 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Approved as to form Kent City Attorney Scoccolo Sewer Service Agreement Page 11 of 14 EXHIBIT A Legal Description for ST Multi 2, LLC Property Parcel E, City of SeaTac Lot Line Adjustment Number SUB 08-00014, recorded under King County Recording Number 20080812900002, and Parcels D and F, City of Seatac Lot Line Adjustment Number SUB10-00006, recorded under King County Recording Number 20110113900002, in King County, Washington Scoccolo Sewer Service Agreement Page 12 of 14 On-site and Off-site Storm Water Facility EXHIBIT W 1"-5 W ON—`i ITE J 1f PI"il'JATE / s a xn r 9 pppJJJ 1 4C�TP �N d.& ,I M E (THE HE1DCE'VI 'N Ai �:'�tl u�'.:E'JIE'�:N r" C7CN)ii) 17 ITY OF SEATAC 1 LOT LINE ADJUSTMENT NO. SUB 10-00000 r REC. NO. 2011 01180 0 0 002 `,+ 7 \� cv � x' � w 1, r. (VIEWG'REST CUNL,0) - rdY CITY OF SEATAC LOT LINE ADJUSTMENT NU. OUR 04-00004 REC. NO. 20000606000012 OFFSITE FIEJI0IVAL ,�'✓'s 7 DR NACE FA 'I F r lid r"'ff r s"f":"✓" CM C 7r u> L� SCALE: For: JOB PJUIMPER N(,)RcZ NTAI. —N00' VERTrt.AL N/A SC©CCOLO 11077 *,4CM04,_V )11?715 nNO AVENlE "3011TH KEW WA 3F(19t FAX Title: SNIT CIVIL EN INEDMW LANF DRAINAGE FACILITY PLANNIM ,JRVEYINr ENVIRONMENTAL SERVICE,,I EXHIBIT 1 or 1 Uctil(iN'ED f,G.n;,4,l.J ;J hm S`}tLUKLD RI , JAPMROVED .,1.1 10ATL Scoccolo Sewer Service Agreement Page 13 of 14 EXHIBIT C SCOCCOLO SYSTEM DEVELOPEMENT CHARGE CALCULATIONS Impervious Surface by Area/Pod Road 106,800 Pod A 115,870 Pods B/C 220,000 Pod D 196,000 Total 638,670 14.66185 ESU 255 Total Site Area 2,325,233 53,38 Percent Impervious Area 0.27 Impervious Surface Multiplier 1.00 System Charge Per ESU $1,787.00 Total System Charge $456,521.32 Credit for Johnson Creek Basin Improvements -$"0'000.00 Remaining System Development Charge $16,521.32 Scoccolo Sewer Service Agreement Page 14 of 14 KENT Agenda Item: Other Business - 813 TO: City Council DATE: October 18, 2011 SUBJECT: Consolidating Budget Adjustment Ordinance - Adopt MOTION: Adopt Ordinance No. , consolidating budget adjustments made between January 1, 2011 and June 30, 2011, reflecting an overall budget reduction of $2,351,709. SUMMARY: As the statutes relating to the approval of budgets allow the governing bodies of local units of government to set the maximum amounts that may be expended in total by fund, this ordinance relates to the changes in the expenditure of levels of the various funds authorized by City Council. Overall, this ordinance reduces the authorized expenditure of levels of various funds by $2,351,709. Council has previously approved reductions and increased authorized expenditures with the approval of grants by a total increase of $426,350. Request that Council reduce the various funds budgets by $2,778,059 for a net overall reduction of $2,351,709. The amounts of the changes to each fund's budget are detailed in Exhibit A to the Ordinance. EXHIBITS: Ordinance with Exhibit RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Reduction in authorized expenditures of $2,351,709 in the various funds listed in Exhibit A of the Ordinance. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the 2011 budget for adjustments made between January 1, 2011, and June 30, 2011 . NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Budget Adjustments. The 2011 budget is amended to include budget fund adjustments for the year up to July l't, as summarized and set forth in Exhibit "A," which is attached and incorporated into this ordinance. SECTION 2. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, 1 2011 Budget Adjustment First Haif codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 4, — Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of October, 2011. APPROVED: day of October, 2011. PUBLISHED: day of October, 2011. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\BudgetAdjustment Hrst Half 2011.docx 2 2011 Budget Adjustment First Haif City of Kent Budget Adjustment Ordinance Adjustments January 1, 2011 to June 30, 2011 Exhibit A Adjustment Fund Title Ordinance 001 General Fund (800,093) 110 Street Fund 105,166 140 Youth/Teen Fund (63,829) 160 Criminal Justice Fund 75,312 170 Environmental Fund 81,490 220 Non-Voted Debt Service Fund 258,158 310 Street Capital Projects Fund (508,565) 410 Water Operating Fund 161,465 440 Sewerage Operating (1,416,935) 480 Golf Operating (91,057) 510 Fleet Services Fund (151,727) 520 Central Services Fund (723) 540 Facilities Management Fund (371) Total Gross Budget Change (2,351,709) Less: Internal Service Funds Other Transfers 805,671 Internal Transfers - Subtotal 805,671 Total Net Budget Change (1,546,038) 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 ICENT WA..I..TON OPERATIONS COMMITTEE MINUTES September 6, 2011 Committee Members Present! Les Thomas and Debbie Raplee, Chair. Debbie Ranniger sat in for Jamie Perry. The meeting was called to order by D Raplee at 4:04 p.m. 1. APPROVAL OF MINUTES DATED AUGUST 16, 2011 L. Thomas moved to approve the Operations Committee minutes dated August 16, 2011. D. Ranniger seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED AUGUST 15, 2011. D. Ranniger moved to approve the vouchers dated August 15, 2011. L. Thomas seconded the motion, which passed 3-0. 3. 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. Jeff Watling, Director of Parks, Recreation & Community Services advised that Staff submitted 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 $60,000. 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. 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. L. Thomas moved to 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. D. Ranniger seconded the motion, which passed 3-0. 4. MOVE TO RECOMMEND COUNCIL APPROVE THE CONSOLIDATING BUDGET ADJUSTMENT ORDINANCE FOR ADJUSTMENTS MADE BETWEEN JANUARY 1, 2011 AND JUNE 30, 2011 REFLECTING AN OVERALL BUDGET REDUCTION OF $2,351,709. Finance Director, Bob Nachlinger advised authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget reduction of $2,351,709 for budget adjustments made between January 1, 2011 and June 30, 2011. The net decrease, excluding transfers and internal service charges, is $1,546,038. He also noted that an overall decrease of $573,650 was previously approved by Council, including a reduction in gross expenditures of $1,276,595 related to the adjustment for telephone utility tax per Ordinance #3989. This reduction is offset by budget increases previously approved by Council for various Transportation, Storm Drainage and Police grants received, as well as equipment budgets carried over from 2010. The remaining Operations Committee Minutes September 6, 2011 Page: 2 amount not yet approved by Council is an overall reduction of $1,778,059. This reduction is largely due to correction of principle and interest budgets for sewer and storm drainage debt service, which was inadvertently over budgeted. Other items not previously approved include minor adjustments to liability insurance and other cost allocations. Nachlinger referred Committee members to page 17 of the packet indicating items previously approved by Council, items approved in a previous year, and items not previously approved by Council. D. Raplee questioned fund reductions, specifically street fund reduction of $1 million stating that she does not recall approving that reduction: D. Ranniger questioned decreases in the General Fund. Nachlinger further explained the General Fund revenue adjustment. L. Thomas suggested it would be helpful to see Ordinance #3989. Nachlinger advised he will provide copy of Ordinance to the Committee. Committee members continued to question revenue and expense adjustments in various funds. To recap, Nachlinger explained he is requesting approval of $2,351,709 reduction of expenses in all funds. Assistant Finance Director Paula Barry provided further explanation of how funds transfer in and out of various funds, specifically addressing the Street Fund and General Fund. D. Raplee questioned why the Street Capital Project Fund is not shown. She then requested that this item be held over to the next Committee meeting. Nachlinger will provide additional information and clarity along with program impact as the Committee requested. D. Raplee moved to table the Consolidating Budget Adjustment Ordinance for Adjustments between January 1, 2011 and June 30, 2011 until the next meeting of the Operations Committee in two weeks. L Thomas seconded the motion, which passed 3-0. S, SUMMARY FINANCIAL REPORT AS OF JUNE 30, 2011 (INFORMATION ONLY) Finance Director Bob Nachlinger stated that our forecast seems to be improving every month and July is no exception. So far, year to date actually $600,000,00 projecting a greater General Fund fund balance than we had at the beginning of the year. General Fund Summary Based on information available through July, General Fund revenues are estimated to end about $2,028,907 or 3.3% under budget, while expenditures are projected to end the year about $2,629,721 or 4.3% below the budget. This results in a projected ending fund balance of $2,185,101 or 4.2% of the expenditure budget. Revenues Sales Tax revenues are expected to exceed projections by $261,462 or 2.1% over budget, continuing the upward trend observed over the past few months. Garbage is trending nearly 20% below budget, due to the lagging construction industry and the impact of the new garbage contract that went into effect on April l't Expenditures Current projections, based on individual like item expenditure trends, end the year about $2,629,721 or 4.3% below the budget. Expenditure Highlights include: • A lag in hiring is expected to result in Salaries & Benefits savings of nearly 3.60/0 below budget. • Department staff has identified savings areas in Supplies and Services & Charges, which is expected to result in a 3.1% savings. Fund Balance Ending fund balance is estimated to be $2,185,101, which equates to 4.2% of the expenditure budget. Operations Committee Minutes September 6, 2011 Page: 3 Nachlinger responded to questions from Committee members. Chief Administrative Officer, John Hodgson came forward to give the Committee a brief overview of how they are putting together the 2012 budget. Staff is working hard to reduce expenses, especially critical as continue to see revenues decline. Anticipation next year for revenues is adjusting down the utility tax a bit. Another major change that we are adjusting in terms of revenue, is interest income. We have very little money in fund balance to invest. Have a lot of new expenses added to next year's budget with a flat revenue. One of the things we have to look at with Staff is that we are saving $2.6 million this year, a lot of those savings will be needed next year just to address issues. All increases are either by contract or new expenses that have been put upon us in a flat economy. D. Ranniger asked if budgeting to $60+million or $58 million. Hodgson replied right around $58 million. Mayor Suzette Cooke added that through current internal deliberations we are taking seriously your discussion at the Council's strategic planning retreat of having a sustainable budget. Some of the results of that may need to be phased in, but want to set the base now. Need to relook at how we deliver the public services. Hodgson advised the budget presentation to Council will be on October 4. He is working with Council President Jamie Perry on timing for deliberations mid to late October. Council will be contacted for possible dates late Oct, mid November. Tire meeting was adjourned at 4:50 p.m. by D. Raplee. Nancy Clary, Operations Ggmmittee Se retary iiiiiii � KENT WASHINGTON ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES SEPTEMBER 12, 2011 Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, Deborah Ranniger. Chair Perry called the meeting to order at 5:30 p.m. 1. Approval of Minutes Councilmember Albertson Moved and Councilmember Ranniger Seconded a Motion to approve the July 11, 2011 Minutes. Motion PASSED 3-0. 2. Follow-up to City Council Discussion of the Copper Ridge Plat Deputy City Attorney Pat Fitzpatrick spoke on behalf of City Attorney Tom Brubaker stating that Council requested that this issue be brought before the Committee. He stated that subdivision preliminary plat expirations are governed by Kent City Code 12.04.221 and gives the Planning Manager authority to either grant or deny extension of plats in one year increments. The applicant is required to submit a written letter requesting an extension 30 days prior to the plat expiration date and the applicant did not meet the criteria. Planning Director Fred Satterstrom responded to questions raised by the Committee and stated that the Copper Ridge applicant received a lot line adjustment in 2010. Satterstrom submitted two letters to the Committee for their review; (1) a letter dated July 22, 2011 from Hans Korve with DMP, Inc. seeking status on the Copper Ridge approval period; and (2) a response letter dated August 10, 2011 from Fred Satterstrom indicating that the preliminary plat remains valid through November 5, 2011. Fitzpatrick stated that a State Senate bill approved in February 2011 extended plat expirations to 7 years versus 5 years. Council members voiced their desire for staff to create a more efficient tracking system for plats that are nearing expiration and to ensure that what occurred with Copper Ridge does not occur in the future. Satterstrom stated that amending Kent City Code to reflect the change in the plat expiration period from 5 to 7 years would require a code amendment and ordinance which staff will work towards implementing. Jack Kastien, 20609 941h Ave S, Kent, WA spoke in support of Legal's assessment that the Copper Ridge Plat did not use their 5-year period given to them; therefore the plat expired on Oct 6, 2009 as DMP did not meet the requirements for extension. Councilmember Perry stated that the Committee does not have executive authority to change the Copper Ridge decision with Council members Albertson and Ranniger opining that staff violated code by not following it. 3. Amendments to Regulations &Standards for Development, Title 15 Planner Katie Graves stated that these amendments do not add any substantive changes but adds language to clarify existing code and eliminate inconsistencies. Graves defined "Special Life Safety Feature" in response to Albertson's inquiry. After deliberations, Councilmember Ranniger Moved to recommend to the City Council approval of amendments to Title 15 of Kent City Code as recommended by the Land Use & Planning Board. Councilmember Albertson Seconded the Motion. Motion PASSED 3-0. 4. Medical Mariivana Collective Gardens Satterstrom stated that City Council held a public hearing July 19, 2011 declaring a 6-month moratorium on Medical Marijuana Gardens to allow staff time to proceed with developing criteria and explore code and regulatory options. The Committee has been tasked with handling the proceedings in lieu of the Land Use and Planning Board which includes a public hearing to consider several options proposed by staff. This meeting is considered a workshop for discussion of legal issues and regulatory options that reflects the Council's sentiments. ECDC Minutes September 12,2011 Page 1 of Assistant City Attorney David Galazin spoke about adopted Senate Bill 5073 and how it affects local jurisdictions authority to regulate and dispense medical marijuana from collective gardens. He spoke about several options that could be considered by City Council including declining to regulate it and allowing the Federal Government to exercise their authority to control marijuana as it is a federally controlled substance Graves reported on what other jurisdictions have done stating that some cities have amended their business license codes to regulate medical marijuana. Graves directed attention to her report and the zoning districts map that indicates where staff believes collective gardens should be allowed. The Committee voiced support for more restrictive zoning and possibly regulating gardens through business licensing. They spoke in favor of adopting regulations on an interim basis in view of the possibility that future legislative decisions including overturning or amending the currently adopted Senate Bill could occur. Satterstrom stated that staff will, develop several zoning options, complete SEPA review, submit a 60-day notice to Commerce, submit a request for expedited review, and return to the ECDC for a public hearing on October 10, 2011, then move the Committee's recommendation to City Council on November l" For Informational Purposes Only S. Economic Development Report ECD Director Ben Wolters stated that staff may submit a City Center project agreement to City Council for review at their September 201h meeting. Wolters reported that in 2010 he and Kurt made 100 business contacts, retained 250 jobs and recruited an additional 200 jobs. Staff projects that by the end of 2011, staff will have made 200 business contacts. Staff has assisted Kent businesses in retaining 400 jobs (a 60% increase) and has recruited from 200 to 350 new jobs. Wolters stated that within the last 6-9 months staff has recruited: Asernio Sausage Company from Seattle-representing 35 employees; Orbit Energy-representing 20 employees; and There Again Company-representing 30 employees. Kent has retained Sysco Food Services who is doubling the size of their facility-retaining 400 employees and initially creating 88 new job positions with more job positions expected. Rottler Manufacturing is expanding-retaining 40 jobs and creating an additional 44 jobs. Wolters stated that Josh Hall filled the new Economic Development position in 2010 and has since been conducting site visits with companies, helping them connect with resources to grow their businesses. Wolters stated that All Flight, a local aerospace company is increasing their employment. Josh connected the company to the Aerospace Joint Apprenticeship Council. The company will be training and hiring several employees through that program. Exotic Metals is expanding up to 800 employees and adding 35-45 new employees per month. Staff has connected them with the Center for Advanced Manufacturing in Puget Sound and the State Department of Commerce to identify training opportunities for their existing employees, thereby creating more entry level jobs to help fuel the company's growth. Staff collaborated with the Green River Community Colleges Small Business Assistance Center to create a "BizGrow" program that to assist businesses grow to reach $1 million in sales or greater. Staff is working to recruit six small businesses into that program. Wolters noted that Josh is working on East Hill Revitalization, with the Kent Downtown Partnership along with the Kent Historic Society to develop a plan for future use of the Kent train depot building, and on development of a downtown revitalization program. For Informational Purposes Only Adiournment Committee Chair Perry Adjourned the Meeting at p.m. Pamela Mottram, Secretary Economic &Community Development Committee ECDC Minutes September 12,2011 Page 2 of ..00,0"�. �✓ KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES September 13, 2011 COMMITTEE MEMBERS: Les Thomas, Dennis Higgins, and Ron Harmon, Chair The meeting was called to order by Chair Harmon at 5:05 PM. 1. Approval of Minutes L. Thomas moved to approve the minutes of the July 12, 2011 meeting. The motion was seconded by D. Higgins and passed 3-0. D. Higgins moved to approve the minutes of the July 27, 2011 Special meeting. The motion was seconded by L. Thomas and passed 3-0. 2. National Night Out After-action report — INFO ONLY Chief of Police Ken Thomas introduced Public Education Specialist Sara Wood who gave a review of this year's event. Sara stated 106 block watch groups held a NNO event this year, including 30 newly formed groups. There were 104 visitors comprised of Representatives Tina Orwall and Dave Upthegrove, City Council, and staff from nearly every city department. Community support included Kent Target management and staff, Seattle Thunderbirds, Dominos Pizza, and Clear Channel. 3. 2011 Emergency Management Performance Grant — AUTHORIZE and Establish the Budget Dominic Marzano, Division Chief of Emergency Management, explained the grant provides funding assistance for several types of training programs throughout the year. L. Thomas moved to recommend accepting the 2011 Emergency Management Performance Grant from the State of Washington Military Department, Emergency Management Division, in the amount of $104,900 and authorizing the Mayor to Sign the contract. The motion was seconded by D. Higgins and passed 3-0. 4. Amend Kent City Code 9.34 — Corrections Facility — Ordinance - ADOPT Deputy City Attorney Pat Fitzpatrick explained that changes to KCC 9.34 provides Kent Corrections staff discretion in who can participate in programs, expand the work that can be performed by the work program and more accurately describe work credit days. D. Higgins moved to recommend Council adopt the proposed ordinance amending Ch. 9.34 of the Kent City Code authorizing alternatives to incarceration of convicted misdemeanants. The motion was seconded by L. Thomas and passed 3-0. S. Proper disposal of medications — INFO ONLY Stacy Judd, Police Department Public Education Specialist, and Gina Hungerford, Conversation Specialist with the Environmental Engineering Division, provided a PowerPoint presentation on the importance of proper disposal of prescription and over- the-counter medications. They plan to provide the same presentation to City Council. 6. New Connections — INFO ONLY Debra LeRoy, Police Department Research and Development Analyst, and Tasha White from New Connections presented an overview of the services provided to inmates at the Kent Corrections Facility. The services provided by New Connections are funded through the FY 2010 Edward Byrne Memorial Justice Assistance Grant. 7. Drug Free Communities Grant — AUTHORIZE and AMEND the budget Debra LeRoy and Stacy Judd explained the purpose of the grant and that this is the fourth year of funding in the five-year grant period. L. Thomas moved to recommend that Council authorize the Kent Police Department to accept the Drug Free Communities Support Program grant in the amount of $53,492 and amend the budget. The motion was seconded by D. Higgins and passed 3-0. S. FY 2011 Justice Assistance Grant — AUTHORIZE and ESTABLISH the budget Debra LeRoy explained the grant will provide funds for Law Enforcement and Corrections equipment for the Police Department. D. Higgins moved to recommend that Council authorize the Kent Police Department to accept the FY 2011 Edward Byrne Memorial Grant in the amount of $66,460 and establish the budget. The motion was seconded by L. Thomas and passed 3-0. 9. Washington Traffic Safety Commission Target Zero Teams MOU — AUTHORIZE and AMEND the budget Debra LeRoy explained the Memorandum of Understanding provides grant funding for officer overtime during specified Target Zero DUI emphasis, the Law Enforcement Liaison and the Target Zero Manager. L. Thomas moved to recommend that Council accept the Washington Traffic Safety Commission Target Zero Teams grant in an amount not to exceed $16,237.50, amend the budget and authorize the Mayor to sign the Memorandum of Understanding. The motion was seconded by D. Higgins and passed 3-0. 10. Police Department Updates — INFO ONLY Chair Harmon stated that Chief Thomas was not able to provide an update at the meeting due to illness. The meeting adjourned at 6:02 PM. Jo Thompson, Public Safety Committee Secretary Public Safety Committee Minutes 2 September 13, 2011 PUBLIC WORKS COMMITTEE Minutes of Monday, September 12, 2011 COMMITTEE MEMBERS PRESENT: Committee members Dennis Higgins and Ron Harmon were present. The meeting was called to order at 4:04 p.m. COMMITTEE MEMBERS ABSENT: Committee Chair Debbie Raplee was absent. ITEM 1 — Approval of Minutes Dated August 15, 2011: Councilmember Harmon MOVED to approve the minutes of August 15, 2011. The motion was SECONDED by Higgins and PASSED 3-0, with Raplee's concurrence. Item 2 — Kent-Kangley Pedestrian Safety Grant — 1041h Ave SE to 1241h Ave SE: Senior Transportation Planning Supervisor, Cathy Mooney explained that the 2011- 2013 Washington State Department of Transportation (WSDOT) Pedestrian and Bicycle Safety Grant Call for Projects was received by the City in January 2010. She noted that only agencies that were invited to participate were allowed to apply for these grants. WSDOT identified state highways with higher than average accident rates and invited partner agencies to review accident reports then propose steps that might reduce future collisions. Proposals were required to include education, enforcement and engineering components. The area in Kent identified by WSDOT was the portion of Kent-Kangley (State Route 516) between 1041h Avenue SE and 1241h Avenue SE. Mooney went on to explain each component of the grant. The total grant amount is $416,200.00, and does not required local matching funds. Harmon asked that this item be brought back as an information item once the enforcement portion of the grant is in place. Harmon MOVED to recommend Council authorize the Mayor to sign the 2011- 2013 Washington State Department of Transportation Pedestrian and Bicycle Safety Grant in the amount of $416,200.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0, with Raplee's concurrence. Item 3 — Bid/Smith Street Left-Turn Lane at Lincoln Avenue: City Engineer, Chad Bieren explained that the bid opening for this project was held on Tuesday, August 23, 2011 with four (4) bids received. The low bid was submitted by Road Construction NW, Inc. in the amount of $593,880.00. The Engineer's estimate for the project was $536,669.525.00. Bieren reminded the committee that the project consists of road widening for the installation of a left-turn pocket including asphalt overlay, new channelization, storm drainage, signing and other miscellaneous work. Page 1 of 3 PUBLIC WORKS COMMITTEE Minutes of Monday, September 12, 2011 Bieren went on to explain the budget impacts and noted that the project was brought to the committee for its consideration and acceptance due to past questions. This item will be placed under BIDS in the Council agenda packet for Tuesday, September 20, 2011. Harmon MOVED to award the Smith Street Left-Turn Lane at Lincoln Avenue Project to Road Construction NW, Inc. in the amount of $593,880.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0, with Raplee's concurrence. Item 4 - Contract/Jason Engineering and Consulting Business, Inc. - Smith Street Left Turn Lane at Lincoln Avenue for Materials Testing and Inspection Services: City Engineer, Chad Bieren and Construction Manager, Pete Tenerelli noted that demolition of existing street and sidewalk facilities at Smith Street and Lincoln Avenue and reinstalling new street and sidewalk improvements require compaction testing. Jason Engineer and Consulting Business, Inc. was selected to provide these services. Bieren explained what the scope of work includes. He noted that the work is included in the project budget and is eligible for reimbursement at a rate of 86.5% through the federal grant for this project. Harmon MOVED to recommend Council authorize the Mayor to sign a Consultant Services Contract with Jason Engineering and Consultant Business, Inc., in an amount not to exceed $17,065.00 for materials testing and inspection services related to the construction of the Smith Street Left Turn Lane at Lincoln Avenue subject to final terms and conditions acceptable to the City Attorney and the Public Works Department. The motion was SECONDED by Higgins and PASSED 3-0, with Raplee's concurrence. Item 5 - Contract with Jones & Stokes Associates, Inc/Hawley Road Levee Improvements - Archaeological Survey: Project Engineer, Nick Horn noted that projects receiving state or federal monies are required to have a cultural resources report completed. The cost for this work is included in the Hawley Road budget and will be reimbursed by the Department of Ecology through the state grant for Hawley Road Levee. The contractor will provide the site reconnaissance and records research that is needed to prepare a cultural resources report. Harmon MOVED to recommend Council authorize the Mayor to sign a consultant contract with Jones &Stokes Associates, Inc., in an amount not to exceed $14,536.15 to perform an Archaeological Survey for the cultural resource study needed to facilitate the levee construction on Hawley Road subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0, with Raplee's concurrence. Page 2 of 3 PUBLIC WORKS COMMITTEE Minutes of Monday, September 12, 2011 Item 6 — Sanitary Sewer Service Agreement and Covenant — Scoccolo Property: City Engineer, Chad Bieren explained that the agreement between ST2 Multi L.L.C. (Polygon Homes) and the City would be signed to allow for construction of homes in SeaTac City limits with sanitary sewer provided by the City of Kent and King County METRO. Councilmember Higgins asked whether or not the homes had already been constructed. Bieren noted that he thought a previous version of the agreement had been approved by a former Council and that the current approval would be to accept revisions. Harmon asked for a description of all the changes that were made to the original agreement. Bieren and LaPorte noted that they will check on all changes and return to the next meeting with specifics. This item will be brought back to the Public Works Committee on September 19, 2011. Item 7 — Contract/Public Works Trust Fund Loan — Tacoma Regional Water Supply System: Public Works Director, Tim LaPorte stated that the project involves the construction of a water filtration plant that is capable of meeting federal regulations for turbidity and Cryptosporidium removal. The water filtration plant will be explained during the Tacoma Water Supply System Filtration Plant discussion at the next meeting. The City of Kent's share of the $200-million project is $25-million. The Public Trust Loan amount is for $8-million. LaPorte stated that the unknown portion is the design of the plant. Higgins asked that this item be placed under "Other Business" on the September 20, 2011 agenda. Harmon MOVED to recommend Council authorize the Mayor to sign an agreement with the Washington State Public Works Board for an $8-million Public Works Trust Fund Loan to help finance the Tacoma Regional Water Supply System filtration plant, upon approval of the language therein by the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0, with Raplee's concurrence. The meeting was adjourned at 4:51 p.m. 4k7I vl d Council Committee Recorder Page 3 of 3 PUBLIC WORKS COMMITTEE Minutes of Monday, September 19, 2011 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and committee members Dennis Higgins and Ron Harmon were present. The meeting was called to order at 4:04 p.m. Item 1 — Approval of Minutes Dated September 12, 2011: Councilmember Harmon MOVED to approve the minutes of September 12, 2011. The motion was SECONDED by Higgins and PASSED 3-0. Item 2— Information Only/Tacoma Water - Update: Deputy Water Superintendent, Tacoma Water, Chris McMeen gave an informative PowerPoint presentation update on the Regional Water Supply Project. Kent is one of the partners in this project, owning roughly 11% 1. Regional Water Supply System Partnership The Regional Water Supply System officially formed a partnership in 2002 with the signing of the Second Supply Partnership Agreement. This connected City of Kent, Covington Water District, Lakehaven Utility District with Tacoma in the development of a very substantial regional resource, the Tacoma Second Supply Project. Tacoma has two water right certificates from the Department of Ecology to divert water from the Green River upstream of Howard Hansen Dam. The "Second" Supply project allows Tacoma to draw water out of the Green River under the later water right. 2. Filtration Project Status A project delivery team is in place and they are using a General Contractor/Construction Manager (Hoffman Construction) project delivery method, which they have found to be very cost effective and useful. 30% design was received on September 161h and they are now entering into the review phase. They will have to improve the power supply which could lengthen the review time to the area which will require a substantial permitting effort from King County. King County does not have a structural engineer on staff. King County has been responsive to Tacoma's needs and recognizes it as a priority project in the region, and its importance to drinking water and regulatory compliance. McMeen shared a couple of slides of the facilities layout. The backwash lagoon location and layout turned out to be critical in the design of this plan. Therefore, that element of the project was not developed in pre-design so they had to come up with some cost effective ways to address it. McMeen stated that we think of a water treatment plant as providing drinking water and that is what it does, but it really is a dirt manufacturing plant. He explained that the mechanical system of squeezing water out of the dirt is a large cost factor because you want to dry out the dirt so you are not hauling away wet dirt. The updated project cost estimate to date is $215,925,289, with Kent's share at $23,741,785 approximately (11%). Regulatory requirements are for the water filtration to be in place by April 2014. However, they have been in discussion with the drinking water regulator, Department of Health and they are open to an extended compliance date as long as the plant is under construction and progressing. 3. Additional Water Storage Project Page 1 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, September 19, 2011 In order to have meaningful supply they had to establish the additional water storage project. There is a water right that has conditions of stream flow in the river which, under normal conditions, they would never be able to meet. So they developed the storage of additional water behind Howard Hanson Dam, raising the pool an additional 20 feet. This included re-establishing new ecosystems, and re-establishing historic, pre- dam salmon runs. They have established upstream fish passage, an obligation under the Habitat Conservation Plan, but the fish do not have safe downstream passage. The Corps has an obligation under the Endangered Species Act to establish a downstream fish passage. The Corps moved through complete design of this project at a cost of $226 million. They have pulled back from this design and will begin redesigning the project later this year. Once the downstream fish passage is established, the additional water storage project will be complete. Raplee asked if King County is planning to contract with a private company since they do not have a structural engineer on staff. McMeen said King County is looking to either bring a structural engineer on staff or contract for the services. Raplee also asked what happens to the dirt after it is dried, and as an ongoing expense, is this included in the total. McMeen stated that they are looking into taking the dirt to a landfill, and that this expense is not included in the total, only capital costs are shown. The savings with the North Fork system does include trucking costs by comparing both the capital investment and ongoing maintenance and operations. Higgins asked about the fish passage facility and if this partnership is not on the hook for the cost of the facility. McMeen clarified that the partnership is responsible for 1.6%, and Kent is responsible for 11% of the 1.6%. Higgins also asked if the project cost estimate significantly grows, is Kent still committed to 11% and LaPorte said yes. Harmon said the project estimate comes is roughly $16 million over the original $200 million costs and that there are also consultant fees, permits, special inspections and finance costs as noted in the total project cost on note 1 (slide 12). McMeen clarified that note 1 references when the slide was originally prepared, sales tax was included on consultant fees when it should not have been. Consultant fees are included. Regarding the financing costs, LaPorte said that each partner has a different finance package and we are using a Public Works Trust Fund, loan at a very low interest. Information Only/No Motion Required Item 3 United States Geological Survey (USGS) - Joint Funding Agreement: Environmental Engineering Manager, Mike Mactutis, explained that the Joint Funding Agreement for Water Resources Investigations between the City of Kent and the U.S. Geological Survey (USGS) is an annual agreement to maintain monitoring gages that we have on several creek systems in the city and also at our water supply. The gages are funded through the utilities and are used for the Habitat Conservation Plan, to measure precipitation, and stream flow used for future design of projects. Mactutis updated the information provided in the summary stating that the City of Kent will contribute $50,240 to the annual program costs of $95,670 for Fiscal Year 2012. USGS will provide the remainder. Harmon verified that this will be an on-going yearly expense for around $50,000. Page 2 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, September 19, 2011 Higgins asked how long the city has been partnering with USGS and have we been paying half the costs. Mactutis stated that we have been partnering for about 16 years and typically pay half the costs, however now it is slightly over. USGS needs a local sponsor, so if we stop paying, USGS would need to shut down the operation. Higgins MOVED to recommend Council authorize the Mayor to sign the Joint Funding Agreement for Water Resources Investigations between the City of Kent and the U.S. Geological Survey subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0. Item 4 - Consultant Contract/AMEC Earth & Environmental, Inc. - 641h Avenue S. Channel Improvements Proiect Environmental Engineer, Joe Fielding gave a brief PowerPoint presentation which provided an update on the S. 2281h Street Improvements project and discussed Phase 2, the 641h Avenue S. Channel Improvements project. Phase 2 consists of replacing six existing undersized pipe culverts with four, larger box culverts at a Union Pacific Railroad (UPRR) spur crossing and at the S. 2261h Street crossing to reduce flooding by increasing flow capacity and improving storm water conveyance. Staff is proceeding with design of the project, and working on long lead items, which involve coordination with UPRR and obtaining permits. For design and obtaining permits, two contracts are necessary to perform geotechnical investigation, wetland delineation work and updating the biological assessment report. Harmon asked when S. 2281h Street would be open to the public and Public Works Director, LaPorte said by November I" Higgins asked for clarification that even though the S. 2281h Street Improvements project will be finishing up this year, will it not be functional as a drainage diversion project until phase 2 is complete. LaPorte stated that the project will not have full benefit until the two downstream impediments are removed, but is intended to operate this fall. Harmon MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with AMEC Earth & Environmental, Inc. in an amount not to exceed $19,160.21 to perform geotechnical investigation for the 641h Avenue S. Channel Improvements Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Item 5 — Consultant Contract/ESA Adolfson, Inc. - 641h Avenue S. Channel Improvements Proiect: See item 4. Higgins verified that the S. 2281h Street Improvements project and the 641h Avenue S. Channel Improvements project are both budgeted through the drainage utility fund. Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with ESA Adolfson, Inc. in an amount not to exceed $12,995.93 to perform wetland delineation work and update the biological assessment report for the 641h Avenue S. Channel Improvements Project, subject to final terms and Page 3 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, September 19, 2011 assessment report for the 641h Avenue S. Channel Improvements Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0. Item 6 — Revision to KCC 6.06, $75.00 Permit Fee for Sidewalk Drain: City Engineer, Chad Bieren stated that there is a reoccurring issue where water comes off a lot and drains across a sidewalk onto the street and causes slick conditions. Typically this is handled by having a yard drain installed and the drain will come out to the gutter and drain the area directly into the storm drain system. The only way to get a permit now is a street use/cut permit which is $450. We are trying to look for an alternative to reduce costs to $75; just enough to cover a trip out there to make sure it is installed correctly. LaPorte stated that we do not get a lot of requests for this permit type. It is a very straightforward work item; however our permit system is not set up for this. Higgins asked if we have done research on what other cities best practices are and if this is in line with other cities. Bieren said we had not, but we had this type of permit before but the permitting system was streamlined and the permit was eliminated. Now we are trying to add the permit back in. Higgins asked if as an Engineer it doesn't cause any heartache to drain into the gutter rather than straight into the system and Bieren said no, that the water has to go there anyway but we're just helping it get there. Harmon MOVED to recommend Council approve the revision to the Kent City Code 6.06, allowing a reasonable permit cost for sidewalk drains, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Item 7 — Sanitary Sewer Service Easement and Covenant - Scoccolo Property: This item was moved to the next meeting. Item 8 — Information Only/Fall Natural Yard Care Workshop Series: Environmental Conservation Technician, Todd Hunsdorfer gave a brief PowerPoint presentation on Natural Yard Care. He explained why Natural Yard Care is important and why Kent is providing workshops. Kent has provided outreach since 2007 and has reached over 20,000 homes. Data collected shows that nearly half of all participants have changed their yard care practices. The upcoming fall workshops will be held Wednesday September 21, 28, and October 5 at Kent Meridian High School Cafeteria from 7:00 to 9:00 PM. Information Only/No Motion Required The meeting was adjourned at 5:05 p.m. Nancy Yoshitake Council Committee Recorder Page 4 of 4 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION