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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 06/05/2012 CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. June 5, 2012 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT June 5, 2012 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Dennis Higgins, President Elizabeth Albertson Bill Boyce Jamie Perry Dana Ralph Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Intergovernmental Issues Michelle Wilmot 10 minutes 2. Infrastructure Funding Staff 50 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. State of the County Message - Reagan Dunn D. Neighbors of West Hill Council Introduction 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Downtown Strategic Action Plan Update, Resolution - Adopt D. Neighbors of West Hill Council, Resolution - Adopt E. Temporary Flood Protection Structure Extension Ordinance- Adopt F. Demolition and Asbestos Abatement Contract - Authorize G. Burlington Northern Santa Fe Warning Sign Installation Agreement - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED H. Linda Heights Sanitary Sewer Pump Station Replacement Consultant Agreement — Authorize I. McCaulay & Associates Consultant Agreement, LID 363 — Authorize J. 2013-2018 Six-Year Transportation Improvement Plan — Set Hearing Date S. OTHER BUSINESS A. Medical Marijuana Ordinance B. Financial Policies Resolution 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Negotiations 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov 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. 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L N FLU U +' W W '� UZW >- C , u , - Vl v O a� 6 a K in V m Q V > 4 a QF � m0 Q mU �, l_ ti COUNCIL WORKSHOP 1) Intergovernmental Issues 2) Infrastructure Funding CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) State of the County Message - Reagan Dunn D) Neighbors of West Hill Council Introduction 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 May 15, 2012. 7B. Approval of Bills. Approval of payment of the bills received through April 30 and paid on April 30 after auditing by the Operations Committee on May 15, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 4/30/12 Wire Transfers 5037-5055 $1,298,237.07 4/30/12 Regular Checks 662753-663182 3,250,674.04 4/30/12 Use Tax Payable 291.37 $4,549,202.48 Approval of checks issued for payroll for April 16 through April 30 and paid on May 4, 2012: Date Check Numbers Amount 5/4/12 Checks 327422-327634 $ 162,281.53 5/4/12 Advices 298021-298666 1,214,832.45 $1,377,113.98 y RCN i Kent City Council Meeting May 15, 2012 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Perry, Ralph, Ranniger, 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) No one in the audience had any changes. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Higgins announced that the President designated May 15 as Peace Officers Memorial Day and Police Week in the United States. Mayor Cooke congratulated Virginia Allen for being the Volunteer of the Year at the Kent Senior Center. B. Community Events. (CFN-198) Ranniger announced the Earthworks Tour Inaugural Ride from Earthworks Park up to Waterworks Park on June 2nd. Albertson announced that Communities in Schools of Kent is having its annual fundraising breakfast at the Phoenix Academy Gym on May 24 from 7:30-9:00 a.m. Higgins announced upcoming events taking place at ShoWare Center. Thomas announced a breakfast on Wednesday, June 16, from 7:30-9:00 a.m. at Emerald Downs benefitting Washington Women Employment and Education. C. John Holt Recognition, Yanazhou Sister City. (CFN-155) Mayor Cooke introduced John Holt as a person committed to connecting people across the world and the lead on Kent's Sister City Committee to Yangzhou, China. She added that he has recently been honored in Yangzhou for his leadership. John Holt spoke about his recognition and thanked everyone in the community for their support. D. Representative Tina Orwall, Legislative Update. (CFN-198) Mayor Cooke introduced State Representative Tina Orwall from the 33rd District. Rep. Orwall gave updates on the legislative session and specifically those pertinent to Kent. E. National Trails Days at Lake Fenwick Park Proclamation. (CFN-118) Mayor Cooke read a proclamation recognizing National Trails Day. Parks Director Watling spoke about the celebration at Lake Fenwick Park on May 19 from 9:00 a.m. to noon, where a section of the East Ridge trail will be refurbished. F. Recycling Event Announcement. (CFN-904) Albertson announced the special recycling event taking place June 2 from 9:00 a.m. to 3:00 p.m. and will be held at the Phoenix Academy, 1100 SE 264th Street, Kent. G. Public Safety Report. (CFN-122) Chief Thomas reported on crime statistics, an upcoming quarterly community meeting at Panther Lake Elementary, Sergeant Phil Johnson was recognized by the King County Prosecutors Office for his skill and dedication in a case handled by the prosecutor's office, and Kurt Lutz, Corrections 1 Kent City Council Minutes May 15, 2012 Commander, who has been with the City for 27 years and will be leaving to run the corrections facility in Chelan County. Chief Thomas introduced three incoming officers Lyndon Baron, Mike Afalava, and Philip Archide; Mayor Cooke then administered the Oath of Office. H. Volunteers in Police Service Recognition, (CFN-122) Chief Thomas introduced Volunteers in Police Service (VIPS) and mentioned they have over 30 volunteers to help support the police department and the City and thanked the volunteers for their service. PUBLIC COMMENT A. Safe House. (CFN-118) Linda Sweezer, who lives in the Park Orchard area, said she has concerns regarding a "safe house" in the neighborhood. CONSENT CALENDAR Higgins moved to approve Consent Calendar Items A through G. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of May 1, 2012, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through April 15 and paid on April 15 after auditing by the Operations Committee on May 1, 2012, were approved. Checks issued for vouchers were approved: Date Check Numbers Amount 4/15/12 Wire Transfers 520-5036 $1,740,549.31 4/15/12 Regular Checks 662325-662752 1,567,320.74 Void Checks (2,972.20) 4/15/12 Use Tax Payable 2,803.17 $3,307,701.02 Checks issued for payroll for April 1 through April 15 and paid on April 20, 2012, were approved: Date Check Numbers Amount 4/20/12 Checks 327231-327421 $ 110,997.13 Voids & Reissues 327230 0.00 4/20/12 Advices 297376-298020 1,203,348.83 $1,314,345.96 C. Frager Road Pump Station Improvements Purchase Agreement. (CFN-1038) The Mayor was authorized to sign a purchase agreement with Smith & Loveless, Inc., to purchase new pumps and motors for the Frager Road sanitary sewer pump station in an amount not to exceed $26,488, plus applicable taxes, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 2 Kent City Council Minutes May 15, 2012 D. S. 2281h St. Union Pacific Grade Separation Consultant Aareement. (CFN-1038) The Mayor was authorized to sign the consultant services agreement with Strickland Heischman & Hoss, Inc., to complete appraisals at Cobble Hill, LLC, and Denver Wholesale Florists, in an amount not to exceed $30,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Horseshoe Bend Levee Improvements, East and West River Bend Secondary Levees. (CFN-1318) The Horseshoe Bend East and West River Bend Secondary Levees Project was accepted as complete, and release of retainage to Scarsella Brothers, Inc., upon receipt of standard releases from the state and release of any liens was authorized. The original contract amount was $818,729.53. The final contract amount was $607,894.73. F. Washington Traffic Safety Commission Grant Amendment. (CFN-122) The Kent Police Department was authorized to accept grant funds from the Washington Traffic Safety Commission in the amount of $5,000, and amend the budget and expend the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. G. Graydon Bill of Sale. (CFN-484) The Bill of Sale for the Graydon project, permit No. 2051691, for 13 sanitary sewer manholes and 1,113 linear feet of sanitary sewer line was accepted. BIDS A. 2012 Asphalt Grinding. (CFN-171) Chad Bieren, Public Works, gave a brief explanation on the 2012 asphalt grinding project and noted that City crews will pave 10-foot wide strips after the grinder has completed their work. He also noted that the money for the overlay also funds other maintenance projects and this bid includes just a 1/2-day at-a-time charge and other grinding will be done as needed throughout the summer. Albertson mentioned that this is just a stop-gap measure and this is just trying to get a couple of more months and years from the roads. Albertson moved to award the 2012 asphalt grinding project contract to Puget Paving & Construction, Inc., in an amount not to exceed $176,900, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Higgins seconded and the motion carried. Ralph asked about the non-responsive bid and Bieren gave an explanation of the non- responsive bid which was an item called mobilization and that the bid percentage had been inconsistent with the standard specifications. B. 64th Avenue Channel Improvements. (CFN-1014) Chad Bieren, Public Works, gave a brief explanation on the 64th Avenue Channel Improvements and noted that this project will simply clean out the channel and replace a culvert where the channel crosses So. 228th Street. Albertson moved to award the 64th Avenue South channel improvements project, base bid and alternate "A" to R. L. Alia Company in an amount not to exceed $1,176,609.26, and authorize the Mayor to sign all necessary docu- ments, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Ralph seconded and the motion carried. 3 Kent City Council Minutes May 15, 2012 REPORTS A. Council President. (CFN-198) Higgins noted that earlier at the Council Workshop they began the process for the first two-year biennial budget cycle and there will be opportunities for more discussions and public hearings for public input. He noted a trip to the Green River Filtration dedication and part of that visit was to the Howard Hanson Dam. Higgins also noted that in June, Council will go paperless, and will be a cost savings from having the agenda printed and delivered. B. Mayor. (CFN-198) Mayor Cooke also spoke on the Green River Filtration facility and explained why the filtration system is required. She mentioned that King County Board of Supervisors agreed unanimously to allow the cities of Kent, Auburn and Tukwila to use money from the King County Flood Control District to pay for getting the sandbags off the green river levy. C. Administration. (CFN-198) CAO Hodgson mentioned the retreat to discuss the new biennial budget, discuss updates to the vision and strategic plan, and address objectives associated with these. He noted the retreat will be held on Friday, June 1, in the Centennial Center from 2-7. Hodgson added that there will be a 20 minute executive session to discuss two items and there will be action after the meeting. D. Economic & Community Development Committee. (CFN-198) Perry noted that the public hearing on medical marijuana collective gardens and dispensaries was very well attended and forwarded out of committee 2-1 to ban those in the city of Kent and will going to the next council meeting. E. Operations Committee. (CFN-198) Thomas noted there was a vote 3-0 on the sandbag issue and that private sectors and organizations have until January 1 to get the sandbags out of the City. He wanted to thank Council member Perry and Finance Director Nachlinger for putting together the financial policies. F. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting is May 17 at 5:00 p.m. G. Public Safety Committee. (CFN-198) No report given. H. Public Works Committee. (CFN-198) Albertson encouraged the public to visit the Kent Historical Society Museum for the Seattle World's Fair 50th anniversary exhibit. She noted that the next two public works meetings will be on May 21 at 4:00 p.m. and June 4th at 4:00 p.m. She also noted that things are still going well with the citizen committees for public works and parks. I. Regional Fire Authority. (CFN-198) Thomas also mentioned the exhibit at the Kent Historical Society. He noted that he attended a seminar last Saturday regarding a possible LID to improve 74th Street to 196th and will meet again on Wednesday. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:27 and reconvened at 8:55 p.m. 4 Kent City Council Minutes May 15, 2012 A. Property Negotiations. (CFN-239) CAO Hodgson explained that the City was trying to acquire property to expand the City's campus and have chosen to reject the negotiations. Higgins moved to reject the purchase and sale agreement under negotiation for the property located at 233 2nd Avenue in Kent, specifically disapproving the purchase terms and conditions contained in that agreement. Thomas seconded. Albertson recused herself. Motion carried unanimously with one recusal. ADJOURNMENT The meeting adjourned at 9:00 p.m. (CFN-198) Mary Simmons Deputy City Clerk 5 �1 KENT Kent City Council Workshop May 15, 2012 Council Members Present: Boyce, Higgins, Perry, Ralph, and Thomas. Council Member Ranniger arrived at 5:55 p.m. Council Member Albertson arrived at 6:00 p.m. Council President Higgins opened the meeting at 5:35 p.m. 2013-2014 Biennial Budaet. Barbara Lopez, Financial Planning Manager, explained how the agenda for the workshop would be presented by herself, Assistant Finance Director Paula Barry, Finance Director Bob Nachlinger and CAO John Hodgson. Barb spoke about Council's directive to pass a biennial budget and do the budget kickoff with the full council. Budget Policies. Council member Perry mentioned that the proposed budget policies were passed at Operations Committee tonight. She explained the proposed financial stability policies and clarified why these budget policies should be in place. Perry also went on to explain the operating budget policies, and noted why these policies will give Council the opportunity to agree on anticipated revenues and help form the preliminary budget and what the Mayor's role will be to keep Council informed of any changes in revenue, staff, programs, and services. Higgins noted that this was passed 3-0 in Operations Committee today and will be in other business at the June 5, Council meeting. He explained that it gives Council direction, specific contingencies and reserve fund amounts and will impact the budget process. There was a brief discussion as to how these policies would be met. 2013-14 Revenue Forecasts. Nachlinger noted that the sources for the forecast were based on the Washington Economic Revenue Forecasting Council. He went through his presentation and explained what these projections will mean to the budget. He also noted the federal programs that are expiring at the end of the year and what these may mean to the revenues. Nachlinger commented on the Health Care Reform which will affect some department's hiring process for temporary and seasonal workers and noted that the state legislature for 2013-14 will also have an impact on the budget. New Revenue Options. Barry provided a list of revenue sources which include allowable limits, currently assessed, and assessed at allowable limits. She mentioned that the last page in the packet regarding revenue sources is from nine cities with comparable population. 1 Kent City Council Workshop Minutes May 15, 2012 Strateaic Plan. CAO Hodgson noted a retreat for Friday, June 1, has been scheduled to update council's strategic plan. Hodgson explained that after the retreat there should be new tasks to work toward Council's ultimate goals and strategies. 2013-14 Budget Calendar and Process. Lopez noted that the biennial budget calendar has many similar steps to the one-year calendar. She noted the process may differ slightly going back to Operations if there any differences in revenue forecasting throughout the next few months and getting the preliminary budget to Council by October 1, plus various council workshops throughout October and November. Staff responded to questions from Council members after the presentation. The meeting adjourned at 6:35 p.m. Mary Simmons Deputy City Clerk 2 W,, Agenda Item: Consent Calendar - 7C TO: City Council DATE: June 5, 2012 SUBJECT: Downtown Strategic Action Plan Update, Resolution - Adopt MOTION: Adopt Resolution No. declaring an emergency to pursue an amendment to the Kent Comprehensive Plan to revise the City of Kent 2005 Downtown Strategic Action Plan. SUMMARY: The update to the 2005 Downtown Strategic Action Plan (DSAP) addresses the City Council's strategic goal to create neighborhood urban centers. The refreshed DSAP will be incorporated into the 2004 Comprehensive Plan. The Growth Management Act (GMA) and Kent City Code require a declaration of an emergency to amend the Kent Comprehensive Plan outside the annual update cycle. EXHIBITS: Resolution RECOMMENDED BY: Economic and Community Development Committee BUDGET IMPACTS: None RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, relating to a revision of the Downtown Strategic Action Plan, and declaring an emergency for the adoption of a comprehensive plan amendment. CPA-2012-1. RECITALS A. Pursuant to the Growth Management Act ("GMA"), the Kent comprehensive plan provides for subarea plans that are consistent with the comprehensive plan. RCW 36.70A.080(2). B. The city council's strategic goal is the creation of neighborhood urban centers. C. The city council desires to amend the Downtown Strategic Action Plan, dated April 19, 2005, to reflect current economic development opportunities. D. The GMA requires that the city establish procedures governing amendments to the comprehensive plan that limit amendments to once each year unless certain circumstances exist. RCW 36.70A.130(2). The city has established a procedure for amending the comprehensive plan in Chapter 12.02 of the Kent City Code (KCC) that permits amendments 1 Comprehensive Plan Amendment Downtown Strategic Action Plan Emergency Resolution in addition to the standard annual update if an emergency exists. An emergency is defined as an issue of community wide significance that promotes the public health, safety, and general welfare of the city of Kent. KCC 12.02.010(A). E. On May 14, 2012, the Economic and Community Development Committee moved to direct staff to update the Downtown Strategic Action Plan. F. The city council finds that consideration of proposed amendments to the comprehensive plan through revision of the Downtown Strategic Action Plan is an issue of community-wide significance that promotes the public health, safety, and general welfare of the city of Kent. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Recitals. The foregoing recitals are incorporated by this reference. SECTION 2, - Emergency. The revision of the Downtown Strategic Action Plan, dated April 19, 2005, constitutes an issue of community-wide significance that promotes the public health, safety, and general welfare in accordance with the definition of an emergency as set forth in section 12.02.010(A) of the Kent City Code (KCC). The city council, therefore, declares that an emergency exists and authorizes staff and the Land Use and Planning Board to process this amendment to the comprehensive plan outside the annual amendment process in KCC 12.02.030. 2 Comprehensive Plan Amendment Downtown Strategic Action Plan Emergency Resolution SECTION 3, - Severabilitv. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4, - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular meeting of the city council of the city of Kent, Washington this day of , 2012. CONCURRED in by the mayor of the city of Kent, this day of 2012. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 3 Comprehensive Plan Amendment Downtown Strategic Action Plan Emergency Resolution I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of 2012. BRENDA JACOBER, CITY CLERK (SEAL) P:\Civil\Re�lution\Downtown Strategic Action Plan.Hnal.docx 4 Comprehensive Plan Amendment Downtown Strategic Action Plan Emergency Resolution KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: June 5, 2012 SUBJECT: Neighbors of West Hill Council, Resolution — Adopt MOTION: Adopt Resolution No. , which repeals Resolution No. 1781 and recognizes the Neighbors of West Hill Council neighborhood council, supports its community building efforts, and confers all opportunities offered by the city's Neighborhood Program. SUMMARY: Neighbors of West Hill Council neighborhood has completed the process to be recognized as a neighborhood council. The city's Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. The program encourages organization of neighborhood councils, which serve as independent, non-profit organizations to promote resident-based efforts for neighborhood improvements while also establishing a partnership between city government and the neighborhoods it serves. EXHIBITS: Resolution RECOMMENDED BY: Economic and Community Development Committee BUDGET IMPACTS: None RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, repealing Resolution 1781 and adopting a new Resolution recognizing the newly-formed Neighbors of West Hill Council. RECITALS A. The City of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the City of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The City of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. Resolution No. 1781 was adopted March 18, 2008, recognizing the Kent West Hill Neighborhood Council. On December 9, 2011, the Council dissolved. D. New residents of the neighborhood have reorganized and are seeking to become a neighborhood council recognized by the city of Kent. 1 Neighbors of West Hill Council Resolution E. The Neighbors of West Hill Council consists of 1,136 households. In addition to these households, there are also multifamily complexes, a school, a National Guard building, and commercial properties. F. The Neighbors of West Hill Council is located on Kent's West Hill and is situated generally to the east of I-5, to the south and east of SR 516/Des Moines Road, to the north and east of 259th Street also known as Reith Road. The Neighborhood is shown on the attached Exhibit A. G. On April 26, 2012, the Neighbors of West Hill Council submitted an official registration form to request that the City recognize the Neighbors of West Hill Council and to allow the Neighborhood to take part in the City's Neighborhood Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, — Repealer. Resolution No. 1781 is hereby repealed in its entirety. SECTION 2, — Recognition of Neighborhood Council. — The City Council for the City of Kent hereby acknowledges the effort and commitment of the Neighbors of West Hill Council and all those who participated in forming the Neighbors of West Hill Council. The Kent City Council hereby recognizes Neighbors of West Hill Council as an official Neighborhood Council of the City of Kent, supports Neighbors of West Hill Council community building efforts, and confers on the Neighbors of West Hill Council all opportunities offered by the City's Neighborhood Program. SECTION 3, — Severability. If any section, subsection, or sentence, of this resolution is held to be unconstitutional or invalid, that decision shall 2 Neighbors of West Hill Council Resolution not affect the validity of the remaining portions of this resolution and that remaining portion shall maintain its full force and effect. SECTION 4, — Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION S. — Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of 2012. CONCURRED in by the mayor of the city of Kent this day of 2012. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRU BAKE R, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of , 2012. BRENDA JACOBER, CITY CLERK 3 Neighbors of West Hill Council Resolution - Data Revised March,2012 N gtorge �,,.: " qU Parking � �errretery„ _ Tr s 9 Scale. 1 = 600 off„ Kmg r�9ua /r aY �Ta I r nnnnn;?rn;???'s �aa�h .. 2s � Boom L7 t v% 1Jat�ortal; r rr, uar71 r�r „ rr Fte4ail s a i; e1 Park riirrr, m , ,,,,`>- ash,. „am ", .. West tdge 7 _ TQwnh MO s Da (p9 Unlfs) � I-I _ rrs —( Chinch i �> Fire ~ � Siae; a' ra a m o i � a € b 5th £5bth , m h P1" """;;S m KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: June 5, 2012 SUBJECT: Temporary Flood Protection Structure Extension Ordinance— Adopt MOTION: Adopt Ordinance No. amending Ordinance No. 3996 to extend the waiver of certain permitting requirements for temporary structures constructed for flood protection purposes to January 1, 2013. SUMMARY: On September 15, 2009, the Kent City Council adopted Ordinance No. 3932, temporarily waiving certain permitting requirements for temporary structures constructed for flood protection purposes constructed because of the threat posed by the diminished flood control capabilities of the Howard Hanson Dam. This ordinance was subsequently amended by Ordinance Nos. 3933, 3959, and 3996, primarily to extend the time to remove these structures or obtain a permit for them. Ordinance No. 3996, as amended, allowed property owners and tenants within the City to install temporary flood protection structures without a permit, if those structures were removed by July 1, 2012. The U.S. Army Corps of Engineers has now satisfactorily made repairs to the Howard Hanson Dam, and the flood threat is no greater now than it was before problems were first discovered with the dam. However, for the city of Kent and for some property owners, additional time is required to remove temporary flood protection structures during the drier summer and fall seasons in this calendar year. Accordingly, this ordinance extends the time for removal of temporary flood control structures to January 1, 2013. If the structures are not removed by that date, the ordinance provides that a permit would be required. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Ordinance No. 3996 to extend the waiver of certain permitting requirements for temporary structures constructed for flood protection purposes due to the threat posed by the diminished flood control capabilities of the Howard Hanson Dam from July 1, 2012, to July 1, 2013. RECITALS A. On September 15, 2009, the Kent City Council adopted Ordinance No. 3932 temporarily waiving certain permitting requirements for temporary structures constructed for flood protection purposes due to the threat posed by the diminished flood control capabilities of the Howard Hanson Dam. Ordinance No. 3933 was adopted shortly thereafter to further clarify when the permitting requirements for temporary flood protection structures would be waived under Ordinance No. 3932. Ordinance No. 3959 was adopted June 1, 2010 extending the waiver provisions of the prior ordinances to July 1, 2011. Ordinance No. 3996 was adopted April 19, 2011 extending the waiver provisions of the prior ordinances to July 1, 2012. 1 Amending Ordinance No. 3996 Re. Permitting of Temporary Flood Protection Structures B. These ordinances provided that property owners and tenants within the City of Kent could install temporary flood protection structures without a permit, if those structures were removed by July 1, 2012. If the structures are not removed by that date, the ordinances provide that a permit for those structures would need to be obtained. C. The U.S. Army Corps of Engineers has now satisfactorily made repairs to the Howard Hanson Dam, and the flood threat is no greater now than it was before problems were discovered with the dam. However, for the city of Kent and for some property owners, additional time is required to remove temporary flood protection structures during the drier summer and fall seasons in this calendar year. Accordingly, it is appropriate to extend the time for removal of temporary flood control structures for one additional year. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE Ordinance No. 3996, is amended as follows: SECTION 1, - Recitals Adopted as Findings. In addition to the findings adopted by the Kent City Council in Ordinance Nos. 3932, 3933, aid 3959, and 3996, the City Council finds the additional recitals listed above to be true and correct in all respects and adopts and incorporates them as its findings for the purposes of this ordinance, ^FdinanEe Pie. 3933,, E)FdinanEe Pie3932, a anEe Pie. 3959. The City Council further finds that the threat of flooding caused by the structural weaknesses in the Howard Hanson Dam abutment constitutesd a real and 2 Amending Ordinance No. 3996 Re: Permitting of Temporary Flood Protection Structures imminent emergency that posesd a threat to the health, safety, and welfare of the persons and property in and near the Green River Valley. events and is aEE0Fdingly not Eapable of being PFediEted with any aEEUFaEy at this tinge, and n9ay On faEt not OEEUF at a", the thFeat neveFtheless SECTION 2, — Definitions. The following definitions apply to the words and phrases used in this ordinance: A. Temporary Flood Protection Structure. "Temporary Flood Protection Structure" means any sandbag, water-filled sack, earthen berm, concrete block, or similar material, or any combination of these materials, placed or installed within ten feet (10') of, or as close as is reasonably practicable to, the outside perimeter of any critical facility for the sole purpose of keeping potential Green River floodwaters from invading the critical facility. B. Critical Facility. "Critical Facility" includes the following: 1. Any permanent building primarily used as a business or residence that is regularly staffed or is lived in on a daily basis; 2. Any structure used to store bulk fuel or bulk hazardous or dangerous wastes; 3. Any structure or building owned or operated by a public entity whose preservation is necessary for public safety purposes; and 4. Any building or other structure necessary for the ongoing operation of any public or government franchised sewer, water, stormwater, power, gas, or telecommunications utility. 3 Amending Ordinance No. 3996 Re: Permitting of Temporary Flood Protection Structures Garages, sheds, or other outbuildings, parking areas, landscaping areas, and other similar areas or structures are specifically excluded from this definition. SECTION 3, — Scope, Purpose, & Applicability. A. This +swas an unanticipated emergency that posesd an imminent threat to public health, safety, and the environment within the Green River Valley that requiresd immediate action within a time too short to follow established permit application and approval procedures. B. The purpose of thisthese ordinances fswas to provide property owners the ability to protect life and property in advance of any flood, should one occur, while making best efforts to control the placement of these structures in a manner that attemptsed to maintain adequate protection for flood storage, erosion and sedimentation control, and other environmental and regulatory controls. C. Temporary Flood Protection Structures placed or installed to protect critical facilities located within the Green River Valley areremain exempt from the City's permitting application and approval process for those structures if the Temporary Flood Protection Structure is removed no later than July 1, 201Z3. While the permitting procedural requirements for Temporary Flood Protection Structures are waived, these structures must still comply with the substantive requirements of all applicable federal, state, and local regulations, specifically including, without limitation, the State Environmental Policy Act, the Shoreline Master Program, the International Building and Residential Codes, or other International and Uniform Codes, the Kent Zoning Code, and the Kent Design and Construction Standards. 4 Amending Ordinance No. 3996 Re: Permitting of Temporary Flood Protection Structures D. Temporary Flood Protection Structures must be both maintainable and removable; structures subject to degradation, deterioration, abnormal wear and tear, or damage (for example and without limitation, from deficient design, inappropriate fabrics, ultraviolet light, or excessive erosion from flood waters or flood debris) are not Temporary Flood Protection Structures for the purposes of this ordinance. E. All Temporary Flood Protection Structures must be removed and all materials used to place or install the structures must be properly and legally disposed of no later than July 1, 201-23. Any Temporary Flood Protection Structure that remains on site beyond July 1, 201-23, will automatically be deemed a permanent flood protection device, structure, or installation, will automatically be deemed subject to this ordinance and to all applicable regulatory and permitting requirements, and will automatically be deemed in violation of this ordinance and the Kent City Code for failure to obtain necessary permits and approvals, enforceable under chapter 1.04 of the Kent City Code and subject to civil and criminal penalties F. All flood protection structures that do not meet these requirements for Temporary Flood Protection Structures must be properly permitted under city, state, and federal regulatory requirements. HeweveF ,.,...use / " . SECTION 4, — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this 5 Amending Ordinance No. 3996 Re: Permitting of Temporary Flood Protection Structures ordinance and that remaining portion shall maintain its full force and effect. SECTION S. - 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; ordinance section, or subsection numbering, or references to other local state or federal laws, codes, rules, or regulations. SECTION 6, - 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 2012. APPROVED: day of 2012. PUBLISHED: day of 2012. 6 Amending Ordinance No. 3996 Re: Permitting of Temporary Flood Protection Structures 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\Flood Protectio n Measures-Extend 2013.doc 7 Amending Ordinance No. 3996 Re: Permitting of Temporary Flood Protection Structures w," Agenda Item: Consent Calendar - 7F TO: City Council DATE: June 5, 2012 SUBJECT: Demolition and Asbestos Abatement Contract - Authorize MOTION: Authorize the Mayor to sign the agreement with Russ Lloyd Clearing & Demolition to demolish the house and out buildings and complete asbestos abatement at 11220 SE 204th (Matinjussi Property) for a total of $28,416, plus WSST, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: This contract is to demolish the house and out buildings and complete asbestos abatement at the Matinjussi property located in the Panther Lake Annexation area. The work needs to be completed by the end of June to qualify for the reimbursement through the RCO grant that the City received to acquire the Matinjussi property. EXHIBITS: Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Rental House Demolition Budget NT PUBLIC WORKS AGREEMENT between City of Kent and Russ Lloyd Clearing & Demolition THIS AGREEMENT is made b and between the City of Kent a Washington municipal Y Y 9 corporation (hereinafter the "City"), and Russ Lloyd Clearing & Demolition organized under the laws of the State of Washington, located and doing business at P.O. Box 4203, Federal Way, WA 98063, Russ Lloyd, 253-661-6967 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Removal and disposal of all associated buildings, foundations, walkways, out- buildings and asbestos abatement at the Matinjussi Property located at 11220 SE 2041h Kent, WA 98032 as described in the contractor's proposal dated April 12, 2012 attached and incorporated as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, the Contractor shall complete the work described in Section I within 30 days. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Thirty Two Thousand Dollars and no/100 ($32,000.00), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and PUBLIC WORKS AGREEMENT - 1 (Over$1OK, under$35K, and No Performance Bond) performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. 'Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. i E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be PUBLIC WORKS AGREEMENT - 2 (Over$1OK, under$35K, and No Performance Bond) required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. i VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to PUBLIC WORKS AGREEMENT - 3 (Over$10K, under$35K, and No Performance Bond) II require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. PUBLIC WORKS AGREEMENT - 4 (Over$10K, under$35K, and No Performance Bond) C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED, THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. PUBLIC WORKS AGREEMENT - 5 (Over$IOK, under$35K, and No Performance Bond) Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this PUBLIC WORKS AGREEMENT - 6 (Over$IOK, under$35K, and No Performance Bond) Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. i PUBLIC WORKS AGREEMENT - 7 (Over$10K, under$35K, and No Performance Bond) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. i CONTRACTOR: CITY OF KENT: I By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Russ Lloyd Brian Levenhagen Russ Lloyd Clearing & Demolition City of Kent P.O. Box 4203 220 Fourth Avenue South Federal Way, WA 98063 Kent, WA 98032 253-661-6967 (telephone) (253) 856-5116 (telephone) 253-661-1574 (facsimile) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department PUBLIC WORKS AGREEMENT - 8 (Over$1OK, under$35K, and No Performance Bond) Russ Lloyd Clearing & Demolition Russ Lloyd President DBA: R.L. Clearing&Excavating,Inc. P.O. Box 4203 Telephone: 253 661-6967 Federal Way, WA 98063 Fax: 253 661-1574 i April 12, 2012 City of Kent Park Planning&Development Ph 253 856-5116 Re: 11220 SE 204"Kent,WA 98032 Attn: Brian Levenbagen R.L. Clearing&Excavating,Inc,proposes to provide the labor and the equipment for the demolition and removal of the buildings as per specifications. Includes haul off and disposal of demolition debris and concrete. Includes abatement as per specifications. Includes demolition permit required by PSCAA. Lump Sacm $28,416.00plus sales tax Not included in bid: Decommissioning well. Thank you, Russ Lloyd-President Exclusions: Security Fencing Utility Disconnect Server Caps Rodent/Pest Control Underground Tanks Underground Utilities Traffic Control Permits Asbestos Survey Imported Materials Erosion Control Shoring Asbestos Contaminated Materials Brush&Stumps Sheet Cleaning Saw Cutting Tree Protection Utility Caps Asphalt Freon Recovery Right of Way Septic Tanks AirMonitoring I Contractors License#RLCLEEI097N2 I EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liability insurance covering both the Commercial General Liability and Automobile policies. 4. Pollution Legal Liability insurance covering losses caused by polution conditions that arise from the operations of the Contractor. The Pollution Legal Liability insurance shall be written in an amount of at least $1,000,000 pper loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. 5. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: EXHIBIT B (continued) 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 3. Excess Liability insurance shall be written with limits no less than $1,000,000 per occurrence in excess of both the CGL and Auto Liability policies cited above. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. i i �I EXHIBIT B (Continued) D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage j from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i i EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 . , By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: June 5, 2012 SUBJECT: Burlington Northern Santa Fe Warning Sign Installation Agreement — Authorize MOTION: Authorize the Mayor to execute a Warning Sign Installation Agreement with BNSF Railway, for the installation and maintenance of LED- enhanced "DO NOT STOP ON TRACKS" signs, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Burlington Northern Santa Fe (BNSF) Railway Company has conducted an assessment of rail crossings in Kent. These assessments evaluated the effect of street back-ups due to nearby signals. BNSF determined that cars backing up onto tracks are a potential problem and they have offered to partner with the City to install "Do Not Stop on Tracks" signs. BNSF would provide solar-powered, LED signs that the City would install and maintain. Sign replacement would become the City's long-term responsibility, including related costs. This enhancement would remind drivers that it is illegal to stop on railroad tracks. These signs would be installed at each of the eight crossings. EXHIBITS: Grade Crossing Warning Sign Installation Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The cost of installing and maintaining these signs would come out of the Street Maintenance budget. The City's estimated cost to install the signs is $5,000-6,000. The estimated annual maintenance costs are roughly $1,000. GRADE CROSSING WARNING SIGN INSTALLATION AGREEMENT This GRADE CROSSING WARNING SIGN INSTALLATION AGREEMENT (`Agreement'), is executed to be effective as of 2012, by and between CITY OF KENT, WASHINGTON ('AGENCY"), and BNSF RAILWAY COMPANY, a Delaware Corporation(RAILROAD"). WITNESSETH WHEREAS, in the interest of aiding vehicular travel and public safety, the AGENCY is to install warning signs displaying the message "Do Not Stop on Tracks", which include solar-powered LED enhancements (`Signs") as specified in Exhibit B, such Signs to be located at the U.S. DOT Crossings listed on Exhibit A, and WHEREAS, the RAILROAD will pay for the acquisition of the Signs and all related equipment and AGENCY will perform and pay all costs associated with the installation, maintenance, repair and replacement of the Signs at the AGENCY's sole cost and expense. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: ARTICLE I—RAILROAD OBLIGATIONS 1. The RAILROAD will, at its sole cost and expense, acquire the Signs and all related equipment for the locations set forth on Exhibit A. 2. Upon acquisition of the Signs and all related equipment, the RAILROAD will, at its sole cost and expense, deliver such materials to the AGENCY at the location mutually agreed upon by the RAILROAD and the AGENCY. ARTICLE II—AGENCY OBLIGATIONS 1. The AGENCY will, at its sole cost and expense, furnish all labor, materials, tools and equipment for the installation and operation of the Signs and all related equipment at the locations as set forth on Exhibit A. The work will be performed by the AGENCY in accordance with MUTCD and the typical placement as shown on Exhibit B. All work contemplated in this Agreement must be performed in a good and workmanlike manner. 2. All installation,maintenance and repair work performed by the AGENCY pursuant to this Agreement will be pursuant to a contract or contracts to be let by the AGENCY, 3. The AGENCY agrees, and will require its contractor, to perform all installation, maintenance and repair work under this Agreement in a manner that will not endanger or interfere with the safe and timely operations of the RAILROAD and its facilities(e.g. not less than 25 feet from the track). IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. RAILROAD: BNSF RAILWAY COMPANY AGENCY: CITY OF KENT,WASHINGTON By: By: Printed Name: Printed Name: Title: Title: 1 Exhibit A LIST OF GRADE CROSSINGS FOR INSTALLATION OF LED-ENHANCED "DO NOT STOP ON TRACK" SIGNS AGENCY: The City of Kent, WA DOT NO. Crossing Street,Mile Post,Line Segment 085625H S 212'St,MP 14.19,LS 51 085642Y S 259'St,MP 17.09,LS 51 085629K James St,MP 15.94,LS 51 085633A Smith St,MP 16.18,LS 51 085636V Meeker St,MP 16.29,LS 51 085637C Gowe St,MP 16.34,LS 51 085639R Titus St,MP 16.42,LS 51 085640K Willis St,MP 16.56,LS 51 1 U I Z � Q Z I Z Z I � � fn W � § LL O •�• r O Z Vm =wZ wwo I r \ U d a � Qo - - - - - - - - - -- - -- - - - - - - - - - - - - - - - - -- - -- - - - - - - - i i £o s 1 �a a z B I I xs I sa 1 0 3 1 a — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — I KENT Agenda Item: Consent Calendar — 7H TO: City Council DATE: June 5, 2012 SUBJECT: Linda Heights Sanitary Sewer Pump Station Replacement Consultant Agreement — Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with RH2 Engineering, Inc. to provide engineering design services for the Linda Heights Sanitary Sewer Pump Station replacement, in an amount not to exceed $138,600, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City's Linda Heights Sanitary Sewer Pump Station is located in Linda Heights Park on the west hill, at S. 248th Street, just east of I-5. RH2 Engineering, Inc. was selected to provide mechanical, structural, hydraulic and electrical engineering services to support the City's in-house civil engineering team. RH2 will design the pump station and related components while the City will redesign the area around the pump station. The station serves a developed residential area located between Military Road and I-5 and between S. 241'tand S. 252"d Streets. The station was initially constructed in 1957, upgraded in 1976 and now needs to be replaced. It is currently under-sized. Pump station design is highly specialized work that includes electrical, mechanical, structural and hydraulic disciplines. Individual pump station replacements occur about every 30-50 years, as required due to life-cycle needs. In fact, the last pump station built by the City was over 10 years ago at the plat of Lindental. Therefore, City staff members do not maintain license requirements to perform this work. EXHIBITS: RH2, Exhibit A: Scope of Work & Exhibit B: Estimate of Time & Expense RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Funds for the project will be programmed into the 2013-2015 sewer utility budget. EXHIBIT A Scope of Work City of Kent Linda Heights Wastewater Pump Station Professional Engineering Services March 2012 BACKGROUND The Linda Heights Wastewater Pump Station was constructed in 1957 and upgraded in 1973. The original pumps, motors, piping, valves, motor control center, and emergency power generator from the 1973 upgrade are still in operation. The City has programmed the replacement of the pump station to improve reliability and safety. The pump station serves the domestic sewer needs for a single-family-residential service basin with 292 homes. The facility pumps raw wastewater from its location in Linda Heights Park through a 750-foot- long, 6-inch-diameter ductile iron force main. The existing pump equipment consists of two (2) 15-horsepower, end-suction centrifugal pumps in a cast in-place wetwell/drywell station that was equipped for 330 gallons per minute (gpm) at 74 feet total dynamic head (TDH). Long pump run times and dual pump operation frequently occur during rain events, demonstrating that the station is under capacity. The existing pump station's electrical, instrumentation, access, emergency power generation, and telemetry systems will require upgrades to meet current codes and match the City's other pump stations. The primary purpose of the Linda Heights Wastewater Pump Station project is to design a new station that can be constructed to the north of the existing station, at or within 50 feet of the location shown in the conceptual drawings of the new pump station provided by the City. Project Description The project includes the following improvements and activities. This list is based on a preliminary review of the existing pump station and a scoping meeting with the City: Sizing and Location of Station in Linda Heights Park. Pump station historical flow data from SCALA will be reviewed to select the pumps and grinder and to size the wetwells for the triplex pump, dual wetwell and single drywell station. RH2 will prepare a draft mechanical layout for the City to review. Wetwells will be 8 feet in diameter (minimum) and will operate with one in standby mode. The standby wetwell will serve as emergency storage. The last manhole preceding the wetwells will house a grinder and a valved flow-splitter. The City will select the location of the pump station and prepare the site plan based on the draft structural and mechanical components determined by RH2. 1 3/30/201211:45 AM 2.ABoO,1pDemAKEN\s40A2012 Linde Heighk Peck SSW Pump StationAKent Linde Heights W WPS SOW.doc City of Kent Exhibit A Linda Heights Wastewater Pump Station Scope of Work Construction Sequencing and Bypass Plan. A sequencing plan will be required to transition wastewater flow from the existing pump station to the replacement station. This plan may include temporary pumping and force main equipment to allow continuous reliable service while the new station is being constructed. Pumps, Piping, Valves, Ventilation, and Structural Improvements. The existing wetwell/drywell station with a new triplex pump station with end-suction centrifugal pumps in compliance with the City's standards (Smith and Loveless). The pump station will be equipped with a grinder on the influent piping and a magnetic flow meter on the effluent piping. The new pump station will be built with dual pre-cast round wetwells and a cast-in- place concrete drywell. Build a permanent canopy (similar to a carport) will be built over the EG-set Wetwells and drywell will be equipped with permanent ventilation systems that meet modern fire code. Electrical, Telemetry, and Control System Improvements. Existing electrical power supply system, standby power equipment and pump control systems will be replaced. A security camera with DVR, intrusion detection, and smoke, fire, and gas detection equipment will be provided. Existing telemetry equipment and programming will be upgraded by collaborating with the City's telemetry integrator (Systems Interface of Bothell,Washington). Site Work and Miscellaneous Improvements: A road access plan that allows a Vactor Model 2100 wastewater maintenance vehicle to access the wetwell will be created. Fencing will be provided as needed. This Scope of Work describes work associated with the design of the pump station and for assisting the City in obtaining a City of Kent building permit. RH2 will provide construction plans and technical specifications for the project The City will integrate the plans and specifications provided by RH2 into the City's standard bid documents for a complete bidding package. Bidding phase and construction phase engineering will be provided by the City. PREDESIGN Task I — Basin Analysis and Sizing Objective: Determine wastewater flows to be pumped by the new triplex pump station. Approach 1.1 Obtain SCADA records for the past three (3) years showing the minutes pumped by each pump in the existing station on at least a half-hourly basis. Create statistical compilation of flows that have historically been pumped by the station. Select pumps 2 3/30/201211:45 AM 2.ABoO,1pDemAKEN\s40A2012 Linde Heighk Peck W W Pump StationAKent Linde Heights W WPS SOW.doc City of Kent Exhibit A Linda Heights Wastewater Pump Station Scope of Work with the individual capacity to pump peak flow as determined by SCADA record review. 1.2 Perform calculations to determine wetwell diameter and vertical operating range that minimize wastewater septicity while providing the pumps with a reasonable number of cycles per hour. Perform analysis for wet and dry weather conditions. 1.3 Determine emergency storage volume needed to provide City maintenance personnel with the City's desired response time. The emergency storage volume will be created by oversizing conveyance piping between the existing pump station and the new and/or by increasing the diameter of the wetwell. Currently, should all pumps fail simultaneously, it appears that wastewater will overflow from a manhole lid in the park based on the City's and RH2's current observations. The exact location of the overflow will be determined during this subtask. Site manhole elevations will be evaluated together with basement elevations of nearby homes served by gravity. The objective of this task is to create an adequate storage volume to allow City crews to restart pumps or install bypass pumps before wastewater can overflow into the park or a customer's home following a failure of all three pumps. Assumptions:For pump and wetwell suing puooses, it is assumed that the boundaries and customer character of the service basin tributary to the existingpuwp station will not change. It is also assumed that the City will make inpromments to keo flows caused by infiltration and inflow (1&1) at current levels. RH2 will rely on the completeness and accuracy of data, information, or documentation pronded by the City. Provided by City • SCADA data from 2009 2011 on the shortest time increment available (5-minute averages would be preferable). Data should include wetwell level, pump runtime, and time & date stamps for each pump-on and pump-off call. • Record drawings for the complete pump station force main alignment. • Static and operating pressures of each pump in the existing pump station and timed pump-down testing to determine flowrates delivered by the existing station. • Length of response time desired before the station overflows after the high-alarm float has been tripped during a specified flow regime (e.g., peak day, average day, or other). • Review of predesign memo and email and telephone responses to sizing questions. RH2 Deliverables The following information will be presented in the predesign memo delivered via email in PDF format: 3 3/30/201211:45 AM 2.ABoO,1pDemAKEN\s40A2012 Linde Heighk Peck W W Pump StationAKent Linde Heights W WPS SOW.doc City of Kent Exhibit A Linda Heights Wastewater Pump Station Scope of Work • Statistical Analysis of Historical Flows. Cumulative frequency graph showing the probability of each flowrate that the pump station will receive assuming the basin does not change in size, nor in number or character of customers. This further assumes that I&I will be mitigated by future improvements to the extraneous flows at the current levels. Recommendation for design peak flow rate will be made. Selection of the average peak flow used (peak hour, peak half-hour, peak 15-minute, etc.) will be made in conjunction with the amount of emergency storage volume determined in subtask 1.3. • Pump Hydraulic Analysis. System head curve for station and recommended duty points and pump model for replacement pumps based upon assumed final pipe and valve sizing. • Grinder Design. Wastewater grinder selection including make and model and conceptual mounting plan that includes flow-splitting downstream of the grinder. The splitter will have manual flow control that shunts the wastewater to one or the other Wetwell. It is the intent that the flow control mechanisms (valves or other) be watertight • Wetwell Sizing. Proposed dual Wetwell size (diameter and depth) and operating profile complete with alarm and pump on/off levels. It is the intent that one Wetwell will be active while the other is in standby. The two wetwells will have a piped connection above the normal operating level and the volume of the standby Wetwell will be used as emergency storage (volume determined in subtask 1.3). Task 2 — Preliminary Pump Station Site, Mechanical, and Structural Plans Objective: Determine pump station site layout using the sizing analysis of Task 1. Final site, mechanical, and structural plans will be developed based on the preliminary drawings generated during Task 2. Approach 2.1 Create preliminary site plan and profile drawings of the above- and below-grade structures. Specifically, these are: • Drywell and control building including proposed doors and hatches; • Equipment removal apparatus; • Dual precast circular wetwells; • Manhole housing wastewater grinder, 4 3/30/201211:45 AM 2.ABoO,1pDamAKEN\a40A2012 Linda Heighk Pack W W Pump StationAKent Linda Heights W WPS SOW.doc City of Kent Exhibit A Linda Heights Wastewater Pump Station Scope of Work • Engine-generator set with canopy, and • Fencing plan. 2.2 Create site plan with access road for Vactor truck and maintenance vehicles. It is assumed with the access road for the pump station will be a loop road through the park that one (1) entrance and one (1) exit point onto South 248`h Street. Show plan and profile of proposed gravity sewer and force main necessary to transfer service to the new pump station from the old. It is assumed that the net amount of impervious surface added by the improvements will not require stormwater detention. 2.3 Following preparation of the draft plans for structures, mechanical items, and site, transmit a draft set of plans via email or the RH2 file sharing website for the City to review. RH2's design team will attend one (1) meeting with the City's utility engineering and maintenance staff within two (2) weeks following receipt of the electronic plans to receive all comments and desired changes. 2.4 Incorporate comments given at the review meeting into drawings and will resubmit edited drawings to the City via email in PDF format Assumptions: It is assumed that the City will make impromments to keep flows caused by I&I at current levels. RH2 will rely on the completeness and accuracy of data, information, or documentation provided by the City. Items Provided by City • Underground utility locating and marking of utilities prior to topographic survey. • Topographic survey of site with at least 2-foot contours generally, and 1-foot contours in the vicinity of the existing pump station and the proposed pump station. Survey will show property lines, ground character, surface features, underground utility markings, and all trees 6-inches or greater in diameter. Survey will include force main discharge elevation. • Presentation of conceptual plans to the City Parks Department for feedback and design edits. • Review of draft, review of mechanical and structural plans, and participation in one (1) meeting approximately within two (2) weeks of receipt of the plans to present review comments and desired changes to RH2. RH2 Deliverables • Preparation of scale conceptual drawings showing plan and profile of proposed structural, mechanical, and site drawings to be submitted electronically to the City. 5 3/30/201211:45 AM 2.ABoO,1pDemAKEN\s40A2012 Linde Heighk Peck SSW Pump StationAKent Linde Heights W WPS SOW.doc City of Kent Exhibit A Linda Heights Wastewater Pump Station Scope of Work • Participation in one (1) meeting to discuss drawings and receive all comments. • Edited conceptual drawings incorporating the City's review comments in PDF format. DESIGN Task 3 — Site Design Assistance Objective: Assist the City of Kent in creating site design construction plans. Approach 3.1 Provide the City with AutoCAD files used to create conceptual site plan developed in Task 2 and meet with the City to coordinate specific design responsibilities to prevent duplication of effort 3.2 Review plans after the City has prepared a 50 percent draft of site design (see assumed design responsibilities in the Assumptions section for this Task, below). Meet with City to discuss edits to both RH2's mechanical, structural, and electrical plans, and the City's site plans to maintain consistency between the plans prepared by each entity. Incorporate edits to RH2-prepared plans. 3.3 Repeat subtask 3.2 at the 90 percent design level. 3.4 Collaborate with City to create construction sequencing plan to allow continuous, reliable service from the existing pump station while the new station is constructed. The plan will allow the contractor the flexibility to modify the approach to the proposed transfer of service. The transfer of service plan will provide a basis for bidding that outlines minimum expectations during construction. It is assumed that the plan will be outlined on the City's site plan and in the specifications. Assumptions: This Scope of Fork does not include punp station site alternatives selection process. Limited changes to the proposed location are assumed following presentation of the draft design to the City' Parks Defiartment. A written drainage report is not included in this Scope of IVork. It is also assumed that the City will proare the following: • Construction plan sbowing the existing site with survey control, construction limits, construction access, and staging area. • Teuporavy erosion and sedimentation controlplan in accordance with City of Kent standards. • Construction plan sbowing proposed grading, and location and beigbt of retaining walls (structural details will be provided by RH2). 6 3/30/201211:45 AM 2.ABoO,1pDemAKEN\s40A2012 Linde Helghk Peck W W Pump StationAKent Linde Heights W WPS SOW.doc City of Kent Exhibit A Linda Heights Wastewater Pump Station Scope of Work • Site design sheet including access roadgeometvy,parking, subgrade prefparation,paving, utility trench de gn, drainage conveyance, and landscaping plan. • Profile drawing ofproposed access road and Iwo (2) additional site cross-section drawings. • Site fencing plan with features to inhibit climbing over the fence. • Site utility plan sbowing extension of gravity sewer and force main to new punp station and extension of water supply. • Special construction specification items pertaining to site work to be inc000rated into the bidding documents. All design work performed by the City will be on separate construction plan sheets and stamped by the professional engineers tbat prepared them. It is anticipated that these plan sheets will be incorporated into the overall bid package assembled by RH2. The Go's work product will be delivered in PDF format for integration into the bid package. RH2 Deliverables • Design plans for temporary erosion and sediment control (TESC), grading, access road and parking, retaining locations, drainage, surface restoration, and transfer of service plan. Task 4 — Structural Design Objective: Prepare detailed structural design for the pump station structures based on current International Building Code (IBC) standards, geotechnical report recommendations, and City preferences. Approach 4.1 Create architectural elevations, structural foundation and floor plans, sections, and details for the pump station. It is assumed that the drywell will be constructed of cast-in-place concrete and will be partially buried. Electrical and telemetry panels will be located in the drywell with the pumps. The design will include a pump removal strategy (such as a traveling crane and/or lifting eye). At this time, it is envisioned that the pump station can be constructed without shoring and with dewatering provided by positive-displacement pumps located in excavations. It is assumed that a shoring and dewatering design will not be required as part of this project. It is also assumed that the concrete drywell's exposed surfaces will be textured using concrete- form liners. Special design features of this structure will include exterior stairs from the upper level to the lower level and inclusion of a wash sink. 4.2 Create plan, profile, and details of canopy structure to cover emergency power generation equipment. The structure will be framed with galvanized structural steel and will have a pitched roof clad with steel roofing material. 7 3/30/201211:45 AM 2.ABoO,1pDemAKEN\s40A2012 Linde Helghk Peck W W Pump StationAKent Linde Heights W WPS SOW.doc City of Kent Exhibit A Linda Heights Wastewater Pump Station Scope of Work 4.3 Create plan, sections, and details of cast-in-place concrete retaining walls. It is assumed that the retaining walls will be less than 6 feet tall and that there will be no site limitations on the configuration of the base slab toe and heel. 4.4 Prepare structural calculations for pump station, canopy structure, and retaining walls for submittal with the building permit application. Calculations will include gravity analysis, seismic and wind analysis, buoyancy calculations (if necessary), and soil lateral load. 4.5 As part of the structural design investigate a cast-in-place jacketing system (such as PVC, fiberglass, or HDPE) for the interior of the wetwell. Coatings for interior and exterior surfaces will be developed and presented in a finish schedule and described fully in the Technical Specifications. Assumptions:It is assumed that a sboring and dewatering design will not be required as fart of this project. It is also assumed that the concrete dvywelPs eVosed surfaces will be textured using concrete form loners. It is assumed that the retaining walls will be less than 6 feet tall and that there will be no site limitations on the configuration of the base slab toe and heel. It is also assumed that the City will make imPromments to keep flows caused by I&I at current levels. RH2 will rely on the completeness and accuracy of data, information, or documentation pronded by the City. Items Provided by City • Geotechnical engineering report describing at least one (1) boring to characterize the soils where the proposed wetwell and drywell structures will be constructed. The report will also give estimated active and passive soil pressures to aid in the design of retaining walls. This report will also include recommendations for engineered slopes anticipated to be part of the project • Interface with the City Parks Department to confirm design requirements are being met. • Interface with the neighborhood surrounding the pump station regarding the upcoming construction and changes to the park. RH2 Deliverables • Construction plans showing structural plans, elevations, sections, isometrics, reinforcement and other structural details. Specifications for structural construction and coatings. 8 3/30/201211:45 AM 2.ABoO,1pDemAKEN\s40A2012 Linde Helghk Peck W W Pump StationAKent Linde Heights W WPS SOW.doc City of Kent Exhibit A Linda Heights Wastewater Pump Station Scope of Work Task 5 — Mechanical Design Objective: Create construction plans for pump,piping, grinder, hatches, and ventilation. Approach 5.1 Prepare construction plans detailing pump installation, pump station piping and valving; thrust restraint; supply and exhaust ventilation for wetwells; exhaust ventilation for drywell; washwater system for wetwell; drywell sump pump system; instrumentation for wetwell including floats, level-sensing transducer, and space for bubbler system; and necessary mechanical appurtenances. Update pump hydraulic calculations based on final piping layout selected. 5.2 Create schedule for access hatches in project defining dimensions, features, and construction materials. 5.3 Prepare mounting and construction details for wastewater grinder in a dedicated manhole. 5.4 Perform airflow sizing calculations and create schedule for supply and exhaust ventilation louvers and fans defining dimensions, capacity, features, and materials of construction. 5.5 Select drywell pump lifting system and create plan and profile drawings of system. It is anticipated that a traveling crane able to travel above and lift pump motors connected to impellers will be used. This system will also be able to travel over and lift check-valves and discharge piping. 5.6 Design flanged piping that will allow the connection of a trailer-mounted pump to the station so that the wetwell and grinder can be bypassed for maintenance. Assumptions: It is assumed that special equoment for odor and grease control measures will not be needed at this pumb station other than a srashsrater system. Items Provided by City • Preferred fitting for emergency bypass connection to be used to connect to trailer- mounted bypass pump. RH2 Deliverables • Construction plans showing required mechanical construction listed above. Task 6 — Electrical Power Supply Instrumentation and Control Design Objective: Prepare construction plans for the pump station power supply, emergency power generating equipment, electrical panel design, instrumentation, and telemetry interface with the City's existing telemetry system. 9 3/30/201211:45 AM 2.ABoO,1pDemAKEN\s40A2012 Linde Heighk Peck W W Pump StationAKent Linde Heights W WPS SOW.doc City of Kent Exhibit A Linda Heights Wastewater Pump Station Scope of Work Approach 6.1 Coordinate with Puget Sound Energy to learn the requirements for power service to the site and to complete a power application. 6.2 Create electrical plans for the pump station including one-line diagram, power distribution and signal plan, lighting and receptacle plan, motor control center details, motor control logic diagrams, legend, and electrical detail sheets. 6.3 Prepare plans for the diesel engine generator (EG) and fuel tank installation. It is assumed that the fuel tank for the EG set will be incorporated into the base of the set and that the EG will be installed underneath a canopy with a sound-attenuated enclosure. 6.4 In collaboration with a telemetry subconsultant, prepare telemetry system design plans, Division 17 specifications, and select instrumentation. In addition to preparing plans, the telemetry subconsultant will prepare a radio communications path study and attend up to two (2) meetings with RH2 and the City. 6.5 Present security camera options to the City and prepare plans and details for the implementation of a camera/DVR security system. Items Provided by City • Participation in two (2) meetings with SCADA specialists, the subconsultant, and pump station maintenance specialists to determine SCADA needs, available communications equipment and integration of the new equipment. RH2 Deliverables • Construction plans of the electrical power supply, telemetry/control system, and video security system. • Preparation and submittal of the Puget Sound Energy power application. Task 7 — Design Review & Quality Control of Plans Objective: Submit plans to the City at 50 percent and 90 percent completion stages to check that the design incorporates City preferences. Review plans internally for completeness and accuracy. Approach 7.1 Plans will be at a 30 percent completion level at the conclusion of Task 1. RH2 will provide PDF files of plan sets of the 50 percent and 90 percent complete design plans to the City for review. Plans will be provided in PDF and DWF formats at the 100 percent completion phase. 10 3/30/201211:45 AM 2.ABoO,1pDemAKEN\s40A2012 Linde Heighk Peck W W Pump StationAKent Linde Heights W WPS SOW.doc City of Kent Exhibit A Linda Heights Wastewater Pump Station Scope of Work 7.2 Meet with members of the City's Maintenance and Engineering staff to receive comments and edits following the 50 and 90 percent reviews. 7.3 Review the 90 percent plans in-house using senior designers. Items Provided by City • Design review meetings at 50 percent and 90 percent design levels. RH2 will provide PDF files of the plan sets at these completion levels one (1) to two (2) weeks prior to the design review meeting. During this week, the City will circulate the proposed plans to the Maintenance, Engineering, and Parks departments for review and written comment RH2 Deliverables • Draft plan sets at 50 percent and 90 percent completion stages. • Incorporation of desired revisions into the originally selected pump station design. • 100 percent complete plans in PDF and DWF formats. Task 8 — Bid Schedule and Technical Specifications Objective: Prepare Technical Specifications,bid schedule, and bid item pay descriptions for incorporation into bidding documents by the City. Approach 8.1 Complete an 18-part Technical Specifications for the project The City will provide and prepare the Advertisement to Bidders, Instructions to Bidders, Construction Contract, Bid Forms, General Conditions, and other documents necessary to publicly bid the project. 8.2 Prepare construction cost estimate. 8.3 Create the project bid schedule and provide an MS Word file defining the work paid under each bid item. This approach assumes that the City will incorporate RH2's Technical Specifications, bid schedule, and pay descriptions into the City's boilerplate documents to create a complete bid package. Assumptions:City will perform all reprograpbics of plans and specifications. Items Provided by City • Copy of City's standard bid documents (Advertisement to Bidders, Instructions to Bidders, Construction Contract, Bid Forms and General Conditions) for the purpose of maintaining consistency with Technical Specifications and Pay Descriptions. 11 3/30/201211:45 AM 2.ABoO,1pDemAKEN\s40A2012 Linde Helghk Peck W W Pump StationAKent Linde Heights W WPS SOW.doc City of Kent Exhibit A Linda Heights Wastewater Pump Station Scope of Work RH2 Deliverables • Technical Specifications, bid schedule, and pay descriptions described above, delivered in MS Word and PDF formats with the plans at the 90 percent and 100 percent completion levels. Task 9 — Permitting Objective: Assist the City in obtaining a City of Kent building permit Approach 9.1 Prepare a submittal package for the City of Kent building permit including completion of the submittal form, two (2) sets of structural calculations, and five (5) sets of half sizedplans. 9.2 Provide structural and energy calculations. Assumptions:City will complete and circulate SEPA cbecklist, assemble and submit building permit application, and pay ay allpermit fees.It is not anticipated that storm drainage calculations or landscaping plans created by a licensed landscape architect will be required. RH2 Deliverables • Assistance with construction plans, and structural and energy calculations for a building permit submittal package to City of Kent. Task 10 — Project Management Objective: Coordinate project and document development as needed. Perform quality control for document development. Approach: 10.1 Prepare monthly project status and progress reports summarizing work accomplished, projected completion of project milestones, and a summary of work expenditures. 10.2 Prepare and update project schedule. Coordinate and schedule project activities. 10.3 Prepare for and attend up to two (2) project management meetings with City staff. 10.4 Establish a project tracking system and budget tracking system for the project. Update project tracking and budget tracking systems on a monthly basis. Prepare budget and expenditure summaries. 10.5 Prepare, review, and approve monthly invoices. 10.6 Maintain project records. 12 3/30/201211:45 AM 2.ABoO,1pDemAKEN\s40A2012 Linde Helghk Peck SSW Pump StationAKent Linde Heights W WPS SOW.doc EXHIBIT B City of Kent Linda Heights Wastewater Pump Station Professional Engineering Services Estimate of Time and Expense Description Toll Hours Total Labor Subconsultant Tota I Expense Total CostTask Basin Analysis and Sizing 11 -Perform statistical compilation of fl.. 1.2 Determine wetwell diameter and vertical operating range 1,574 1.3 Determine emergency storage volume needed i $ 81 1 $ 1,029 3,881 Ir $ 319 1 $ 4,200 L $ 1,455 Subtotal 30 11 Task 2 Preliminary Site,Mechanical,and Structural Plans 21 Create plan,profile ofabove-and below-grade structures i'm $ $ _253 22 Design access road forVactortruck,maintenance velfirless 10 $ 1,520 $ $ 218 2,3 Trantom it pla ns to City�meet with City to review plans 17 $ 2,704 $ ------$ 277 2.4 Incorporate City comments 14 $ - ZM -$ 388 Subtotal 56 J $ 8,574 $ $ 1,136 Task,3 Site Design 3A Meet with City to coordinate design responsibilities 3.2 Review 75%,siteplaris and incorporate,edits $ 3.3 Review 95%site plans and incorporate edits 17 2705 $ $ 293 $ 2,998 3.4 Create construction sequencing plan with City 91 $ 1,230 Subtotal 44 $ 6,9441 7,700 Task 4 Structural Design -$- --- $ 1,332 $ 11:522 4.1 Create structural plans and details for lift station 67 $ 10,190 4.2 Create plan,profile,detail drawings of canopy 30 $ $ $ 589 $ 5,241 Create plan sections and details for retaining walls 19 -3,027 $ 356 $---------I'383 4A Prepare structural calculations for lift station,E G canopy,retaining walls 16 $ zsilo -$ -$ 289 $ 2,829 ------- ---- 4.5 Investigate jacketing systems and design retaining walls 13 $ 1,967 $ 279 $ 2,246 $ 2,8441 $ 25,220 Task 5 Mechanical Design Prepare mechanical plans,sections and isometrics,create 5.1 instrumentation details&,update hydraulic calculations 62 $ 9,464 $ $ 1,179 10,643 52 Create schedule for access hatches 6 $- ---908 In S 1,041 .................. 5.3 Prepare mounting and construction details for grinder 9 $ 1,352 $ S 204 $ 1,556 5.4 Perform sinew sizing calculations,schedule -$-- ----43 -$ -6-75- 5.5 Select dryweii pump lifimg system;create pampriolile it $ 1,648 $ $ 239 $ 1,867 5.6 Design bypass piping for trailer-mounted pump _7 V- 1,056 t $ 142 $ 1,198 Subtotal 99 $ 15,060 $ $ 1,940 $ 17,000 Tasks Electrical Power Supply Instrumentation and Control Design 61 Coo,dimate with PSE 16 $ -1,4944 $ S 62 Crisateelectincal plans 92 $ 13,348 $ $ 1,704 15,052 --------------- ...... 63 Prepare engine generator installation Made 16 $ 2,316 $ - $ 294 $ 2,610 ----- ------- ---- ------- 6.4 Pre pa re telemetry system design plans and radio communications study 32-- $ 5,376 $ 11,300 $ 226 $ 16,902 6.5 Security camera design for City 12 $ -T,76-6 -$ - -- 1 22-6 -$ -- 1,994 -Subtotal 162 1 $ 24,302 1 $ 11,300 1 $ 2,528 1 $ 38,130 1 Task 7 Design Review and Quality Control of Plans Ti Provide PDFs of plans to City at 75s,and,901/r completion 7.2 Meet with City Maintenance Engineenng l2 times) 4��A767 Z0 73 Perform internal 90%review of plans 7 1 $ 3,140 1 $ 3As47 Subtotal l 49 1 $ 8,399 1 $ $ 1,201 1 $ 9,600 Task 8 Bid Schedule and Technical Specifications ........... 81 Complete 18-part technical specifications 1 $ 11,55 6,2 Piodaie Well o5finwou. If_ $ 1,751--s 99 1 $ 1,850 8.3 Create project bid schedule L $ 4984 $ $ M2 I-il----- g356 Subtotal 114 1 $ 17,147 1 $ 1 $ 1,353 1 $ 7185900 Task 9 Perinniffing 9.1 Prepare)(Ing County Building Permit package Oil-$ 9.2 Provide structural and energy calculations L $ -t.iei $ 1-420 Subtotal l 18 1 $ 2,594 1 $ 1 $ 786 1 $ 3,380 1 Task 10 Project Management - 10.1 Prepare monthly,project status andprogress reports 1,616 $ -i'm 10.2 Prepare and update project schedule ........... 764 $ $ 20 $ 784 -iifd- $ $ 74 -IM 10.3 Prepare for and attend up to 2 project management meetings lj 10.4 Establish project tracking,accounting system -466-S $ U 478 10,5 Prepare,review,and approve monthly invoices 672 18 $ (366 log Maintain project records 864 $ 4,928 $ PROJECT TOTAL 746 $ 4 11 I1W 2111 L1111,i I- 11 rnn,ri,1,11n Il",11.iIil F-Il""". 41111 11"', KENT Agenda Item: Consent Calendar — 7I TO: City Council DATE: June 5, 2012 SUBJECT: McCaulay & Associates Consultant Agreement, LID 363 — Authorize MOTION: Authorize the Mayor to sign the consultant services agreement with Macaulay & Associates, Inc. to provide assessment review services for Local Improvement District 363, in an amount not to exceed $141,600, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In December 2008 the City Council formed Local Improvement District (LID) 363 and directed staff to proceed with the design and construction of the S. 224th Street Project. Construction on a portion of the project along S. 218th Street will start in 2013. The L.I.D. final assessment roll hearing is scheduled for July, 2012. This will allow the City to sell LID bonds and provide roughly $11 million of the $25 million total project cost. Work is anticipated to begin with improvements on S. 216th/218th Streets, improving existing roadways in preparation for a new bridge over SR 167, and the additional traffic that will use the new connection. As part of preparation for the final assessment roll hearing, the City requires the services of a consultant to provide property appraisals to determine the amounts of the final assessments. EXHIBITS: Contract RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This work under this contract is included in the project budget. T wnsvivcrov CONSULTANT SERVICES AGREEMENT between the City of (Cent and Macaulay & Associates, Ltd THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Macaulay & Associates, Ltd organized under the laws of the State of Washington, located and doing business at 2927 Colby Avenue, Suite 100, Everett, Washington 98201 Phone: (425) 258-2611, Fax: (425) 252-1210 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide assessment review services for the Local Improvement District 363. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $141,600 for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services CONSULTANT SERVICES AGREEMENT - 1 described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. I E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. f The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. i IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. j XIII. MISCELLANEOUS PROVISIONS. CONSULTANT SERVICES AGREEMENT - 3 A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. CONSULTANT SERVICES AGREEMENT - 4 I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: i ,,,r By: (signature) (signature) Print Name: Robert J. Macaulay, MAI Print Name: Suzette Cooke Its President Its Mayor (title) DATE May 21, 2012 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Robert Macaulay Tim LaPorte Macaulay & Associates, Ltd City of Kent 2927 Colby Avenue, Suite 100 220 Fourth Avenue South Everett, WA. 98201 Kent, WA 98032 (253) 253-856-5515 (telephone) (425) 258-2611(telephone) (253) 856-6500 (facsimile) 425 252-1210 facsimile APPROVED AS TO FORM: Kent Law Department P:\Civil\Files\Open Files\16394I13 363\Con sul tontse rvi cesayreement-M a caul ay.Doc '.. CONSULTANT SERVICES AGREEMENT - 5 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 21 day of May 2012_. By: Robert J. Macaulay For: Macaulay & Associates, Ltd. Title: President Date: 5/21/2012 EEO COMPLIANCE DOCUMENTS - CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 1 CONTRACTORS APPROVED BY Jim White, Mayor j POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i EEO COMPLIANCE DOCUMENTS - 2 fa aeaulay ssgdateS, U4. Real Estate Appraz'n r 1 Consultants 2927 Colby Avenue,Suite 100 • Everett,WA 98201 Everett 425-258-2611 • Seattle 206-382-9711 m Fax 425-252-1210 Exhibit A May21, 2012 Ms. Kim Komoto,Legal Analyst City of Kent 220 Fourth Avenue South Kent, WA 98032 l i RE: Time and fee estimate for City of Kent Special Benefit/Proportionate Assessment Study for LID#363 Final Assessment Roll, Kent, WA. Dear Ms. Komoto: Our estimated hourly rates for completion of the above-referenced LID are summarized in the chart on the following page. The scope of the assignment will involve completion of a final special benefit/proportionate assessment study and preparation of a report summarizing our findings. There are 833 properties in the LID and approximately 470 have pre-paid, leaving 365f parcels to be analyzed within our special benefit/proportionate assessment study. Property types area mix of commercial and residential. The report will consider physical and economic'characteristics of each affected parcel. A base study will be undertaken, to consist of the assemblage of pertinent market data and investigation of the environmental; economic, governmental and social forces influencing the subject area. Consideration will be given to current zoning, land use trends, building improvements,wetland areas, highest and best use and other factors influencing market value for each property type or ownership, without and with the amenity of the LID road improvement project. The increase in probable market value adhering to each parcel due to the LID project is the measure of special benefit. The total assessment to be levied will be obtained from the municipal LID coordinator.The sum total of special benefit estimated for each parcel is the aggregate special benefit attributable to assessable property within the proposed LID;this total divided into the total LID assessment provides the assessment ratio or the LID assessment per dollar of special benefit. The special benefit to each parcel times the cost/benefit ratio results in the individual assessment recommended to that parcel. 7 The recommended assessments will meet the following two criteria: a) Each recommended assessment is equal to or less than the special benefit accruing to that particular parcel. b)Each recommended assessment is fair and in proportion to the special benefit derived by that parcel and all other parcels due to the LID project. May 21, 2012 Ms. Kim Komoto Page 2 There are many variables in a sizable project such as this which spans an extended time period. It has been our experience when working on projects of this magnitude that there are often scheduling changes as well as revisions to the scope of our assignment and other unforeseen complications which can result in increased time expenditures. Although this proposal is currently our best estimate of the scope of the assignment,some flexibility in contract arrangements into which we enter would be most beneficial to both parties. We have made every effort to estimate the hours needed to successfully complete the assignment. However, if the scope ofwork is expanded or other significant factors at some point enter into defining our assignment,it may be necessary to negotiate supplemental agreements or contract amendments. . Completion of our work, as the assignment is described herein, will result in a final special benefit study report which provides a narrative summary of the study and tabulation of recommended assessments for the parcels in our study. Due to the size of the project and number of parcels,individual appraisal reports on each are not prepared. Limited assignment mass appraisal techniques are utilized and a spreadsheet summarizing our value conclusions without and with the LID assumed completed is prepared. Based on the above scope of work,our time and fee estimate is summarized below: Time and Fee Estimate City of Kent Special Benefit/Proportionate Assessment Study for LID##363-Final Assessment Roll Appraiser Tasks Hours Rate/ Total Hour Robert J.Macaulay,MAI Project management,consultation/meeting's with 290 $240 $69,600 special benefit and city staff.Property inspections, analysis and report preparation. Charles R.Macaulay,MAI Project review and analysis consultation. 80 $240 $19,200 Kelly R;Hao and Ashley K.Zacharia, Market research,analysis,spreadsheet compilation, 200 $150 $30,000 Appraisers report preparation assistance and property inspections. Paul C.Bird,Appraiser Property inspections, commercial valuations and 120 $150 $I8,000 report assistance. '.... .Holly Warren,Staff Typing,ediOng,clerical support. 80 $60 $4,800 Total $141,600 May 21, 2012 Ms. Kim Komoto Page 3 The above estimate includes preparation for and attendance at the final assessment roll hearing. It does not include additional hearing preparation/attendance and individual report(s)preparation. This fee estimate is approximately$3 8 8 per parcel which is similarto otherfinal assessment roll special benefit studies completed by our office.. Due to the tight time constraints on this project and correspondence with the city, we have started working on LID 363 and every attempt will be made to complete the study by the end of June 2012. If you have any questions or need additional information;please let me know. We look forward to working with the City of Kent on this project. Sincerely, MACAULAY&ASSOCIATES,LTD. Robert J. Macaulay, MAI WA State Ceitif ied-General Appviser No.1100517 I, i EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability _insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: I. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. i F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. I i DATE(MMOD/YYYY) ' A�® CERTIFICATE OF LIABILITY INSURANCE 5/21/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME: KOYry McDaniel Rice lnsurance LLC PHONE (3 611 7 3 4-1161 aC (360)734-1173 1400 Broadway AODRe56.korry5riceinsurance.com P.O. BOX 639 INSURERS)AFFORDING COVERAGE NAICq Bellingham WA 98227 INSURER A:American Economy Insurance I' INSURED INSURER B'American States Insurance Macaulay & Associates, LTD [INSURER C: 2927 Colby Ave Ste 100 D:EEverett WA 98201 F: COVERAGES CERTIFICATE NUMBER:CL125713090 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR I VD POLICY NUMBER MMIDDIYYYY MMIODM'YY GENERALLIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE RERTE� X COMMERCIAL GENERAL LIABILITY PREMSES OEa occurrence $ 2,000,000 A CLAIMS_MADE OCCUR X 02BZ03148610 5/6/2012 5/6/2013 MOD EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 21000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 X POLICY PRO LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 11000,000 B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X 4CC30176910 5/6/2012 5/6/2013 BODILY INJURY(Per..bear) $ AUTOS AUTOS NON-OWNED PROPERTY cRTY DAMAGE $ HIRED AUTOS AUTOS Medical payments $ 5 000 X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 11000,000 B EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1,000,00 0 DEO X RETENTION$ 01CT12B62510 5/6/2012 5/6/2013 $ A WORKERS COMPENSATION WO SLATU- OTH- '.. AND EMPLOYERS'LIABILITY IMITI ANY PROPRIETONPARTNENEXECUTIVE[ NIA E.L.EACH ACCIDENT $ 11000,000 OFFICENMEIMBER EXCLUDED? 028Z031861D 5/6/2012 5/6/2013 (Mandatory in NH) 4 E.L.DISEASE-EA EMPLOYEE $ 1,0001000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 401,Additional Remarks Schedule,If more space Is required) Additional insured Form BP 8191 06 06 Applies Coverage is Primary/Non-Contributory CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Tim LaPorte 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 98032 Greg Gudbranson/KAM ACORD 25(2010/05) ©1988.2010 ACORD CORPORATION. All rights reserved. INsn25' nil The Acnan name�r,H D,..�cro ro,.Iseo.od, ,b=..a acnan ""REPRINTED FROM THE FORMS LIBRARY'"" BP 81 91 06 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ® BY WRITTEN CONTRACT, WRITTEN AGREEMENT OR PERMIT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph C. Who is An (a) This insurance does not apply to Insured in Section II — Liability: any "occurrence" which takes place after the equipment lease expires; 4. Any person or organization for whom you are re- quired by written contract, written agreement or (b) This insurance does not apply to permit to provide insurance is an insured, subject "bodily injury" or "property to the following additional provisions: damage" arising out of the sole negligence of such person or or- a. The contract, agreement or permit must be ganization; in effect during the policy period shown in the Declarations, and must have been axe- (4) Permits issued by any state or political cuted prior to the "bodily injury", "property subdivision with respect 10 operations damage", "personal and advertising injury". performed by you or on your behalf, subject to the following provision: b. The person or organization added as an in- sured by this endorsement is an insured only This insurance does not apply to "bodily to the extent you are held liable due to: injury", "property damage", "personal and advertising injury" arising out of op- (1) The ownership, maintenance or use of erations performed for the state or that part of premises you own, rent, municipality; lease or occupy, subject 10 the following additional provisions: c. The insurance with respect to any architect, engineer, or surveyor added as an insured (a) This insurance does not apply to by this endorsement does not apply to any "occurrence" which takes place "bodily injury", "property damage", after you cease to be a tenant in "personal and advertising injury" arising out any premises leased to or rented to of the rendering of or the failure to render you; any professional services by or for you, in- (b) This insurance does not apply to cluding: any structural alterations, new con- (1) The preparing, approving, or failing to struction or demolition operations prepare or approve maps, drawings, performed by or on behalf of the opinions, reports, surveys, change or- person or organization added as an ders, designs or specifications; and insured; (2) Supervisory, inspection or engineering (2) Your ongoing operations for that in- services. sured, whether the work is performed by you or for you; d. This insurance does not apply to "bodily injury" or "property damage" included within (3) The maintenance, operation or use by the "products-completed operations you of equipment leased to you by such hazard person or organization, subject to the following additional provisions: e. A person's or organization's status as an in- sured under this endorsement ends when your operations for that insured are com- pleted. BP 61 91 06 06 Page 1 of 2 CP ""REPRINTED FROM THE FORMS LIBRARY—' f. No coverage will be provided if, in the ab- insurers which potentially provide insurance sence of this endorsement, no liability would for such claim or "suit". be imposed by law on you. Coverage shall h. The insurance provided will not exceed the be limited to the extent of your negligence lesser of: or fault according to the applicable principles of comparative fault. (1) The coverage and/or limits of this policy, g. The defense of any claim or "suit" must be or tendered as soon as practicable to all other (2) The coverage and/or limits required by said contract, agreement or permit. I i i I i Page 2 of 2 '.. i A� CERTIFICATE ®F LIA ILITY INSURANCE 5/21/20 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). '... PRODUCER NAMEACT KDiry McDaniel Rice Insurance LLC PHONE (36D)734-1161 No:(360)734-1113 1400 Broadway EbmA,',L$$,korry@riceinsurance.com P.O. Box 639 INSURERS AFFORDING COVERAGE NAICN Bellingham WA 98227 INSURERAAa en Specialty Insurance Cc INSURED INSURER B Macaulay & Associates, LTD INSURER Ci 2927 Colby Ave Ste 100 INSURER D: INSURER E: Everett WA 98201 1 INSURER F: COVERAGES CERTIFICATE NUMBER:CL125713088 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE I D 9 R POLICY NUMBER POLICY BE O (MM/DDPfYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY - PREMISES Ea occurrence $ CLAIMS-MADE ❑OCCUR MED UP(My one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATELIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Paracciden UMBRELLA OCCUR EACH OCCURRENCE $ EXCESS LIAR CLNMS-MADE AGGREGATE $ j DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFPICER/MEMSER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ It Yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability bB7146212 03/01/201203/01/2013 Each Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES IAnach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Tim LaPorte 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE i Kent, WA 98032 Greg Gudbransoa/KAM '.-y'. ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. Nsn2s nn,nne,m Th.Arnan 7n e U h,..,.—. i.iI a�.I. f Arnun KENT Agenda Item: Consent Calendar — 73 TO: City Council DATE: June 5, 2012 SUBJECT: 2013-2018 Six-Year Transportation Improvement Plan — Set Hearing Date MOTION: Set June 19, 2012, as the Public Hearing date to consider the Draft 2013-2018 Six-Year Transportation Improvement Program. SUMMARY: As discussed during the May 21 and June 4, 2012 Public Works Committee meetings, the Draft 2013-2018 Six-Year Transportation Improvement Program has been prepared for a public hearing. The Draft 2013-2018 Six-Year Transportation Improvement Program represents the City's proposed transportation improvement program for the next six years. It includes street, bicycle, pedestrian, traffic signal and transit improvements as well as street maintenance and preservation projects. Including these projects in the Six-Year Transportation Improvement Program allows the City to keep existing grant funds, continue looking for new funding partners and apply for upcoming grants. Each year the City is required to update the Six-Year Transportation Improvement Program (RCW 35.77.010). This program updates last year's program. EXHIBITS: Draft 2013-2018 Six-Year Transportation Improvement Program RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None CITY OF KENT WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2013 - 2018 AirtMY'"��D{bN wfKv'�r�rzft4W'WMNfNJ'Ay�w��,o rr r A! K I f n.f{. t 1 GnPnr ruti aruid � Q.'�,�'t�l'i,CarYpp. kri�t r�A -Lease flu r,haw Mayor Suzette Cooke KENT Timothy J. LaPorte, PE, Director of Public Works CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2013 - 2018 Table of Contents: 1. Resolution adopting the 2013 —2018 Six Year TIP 2. Introduction 3. Listing of the Projects 4. Project Descriptions 5. Map of the Projects 6. Contact Information On the cover: Typical traffic backup at a Railroad Crossing in Kent This page intentionally left blank for Resolution This page intentionally left blank for Resolution Introduction What is the Six Year Transportation Improvement Program (TIP)? The Six-Year Transportation Improvement Program (TIP) is a short-range planning document that is updated annually based on needs and policies identified in the City's adopted Comprehensive Plan and the 2008 Transportation Master Plan. It represents Kent's current list of needed projects that may begin work in the next six years. The document also identifies secured or reasonably expected revenue sources for each of the projects for which funding is currently known. The TIP serves as a draft work plan for the development of the local transportation network. Once adopted, the TIP helps to guide funding and implementation priorities during the development of the transportation portion of the 6-Year Capital Investment Program (CIP). The CIP can be considered a subset of the TIP. The CIP shows the City-funded portion of projects and is constrained by current budget forecasts, whereas the TIP shows the complete project list with the variety of funding sources and partners involved. Mandated by State Law State law requires that each city develop a local TIP, that it be updated annually (RCW 35.77.010), and that it be submitted to the State Department of Transportation not more than thirty days after its adoption. It represents an important planning component under the state's Growth Management Act. For cities to compete for transportation funding grants from Federal and State sources, most granting agencies require that projects be included in the TIP. The Transportation Improvement Program may be revised at any time during the year, after a Public Hearing, by a majority of the Council. How is the 2013-2018 TIP different from previous years? Most grants now require that a project be included in the currently adopted TIP. Therefore the 2013-2018 TIP includes the eight projects the City has submitted to granting agencies so far this year. In response to a multi-year economic downturn which has reduced local revenues available for transportation improvements and the realization that fewer Federal and State grants will become available for local transportation projects in the near six-year timeframe, the current TIP includes only those projects for which the City already has some funding committed, those projects it hopes to start within six years or those for which the City anticipates seeking grants in the coming year. Other identified needs of the transportation network will be deferred until a dedicated funding source for transportation improvements can be identified. Project Project Name Number Project Location and Extent 1. Southeast 256th Street Widening, Phase II SR 516 (Kent Kangley) to 116th Avenue Southeast 2. Kent Kangley Pedestrian Safety Improvements 104`h Avenue SE to 124`h Avenue SE 3. South 228th Street/Union Pacific Railroad Grade Separation Grade separation crossing at Union Pacific Railroad 4. 72°d Avenue South Extension South 200`h Street to South 196h Street 5. Safe Routes to Schools Improvements - Horizon Horizon Elementary School, 27641 144`h Avenue SE 6. Safe Routes to Schools Improvements—Meridian Meridian Elementary School, 25621 140`h Avenue SE 7. Safe Routes to Schools Improvements—Meadow Ridge Meadow Ridge Elementary School, 277101Oe Avenue SE 8. Kent Regional Trails Connector Multi-Use Trail Green River Trail to Interurban Trail at S 21 e St 9. James Street Bicycle Lanes Interurban Trail to Washington Avenue 10. South 224th Street Extension 84`h Avenue South to 104`h Avenue Southeast (Benson Road) (SR 515) 11. Central Avenue South Improvement Project Green River Bridge to East Willis Street(SR 516) 12. SE 208" Street& 108th Avenue SE Intersection Improvements Intersection Operations Enhancements 13. Willis Street and Central Avenue Intersection Improvements Intersection Operations Enhancements 14. 108th Avenue Southeast Extension Southeast Kent Kangley Road(SR 516) to Southeast 256 h Street 15. Military Road South at Reith Road Intersection Improvement 16. Smith Street and Central Avenue Intersection Improvement Intersection Operations Enhancement 17. S 212a' Street and 72°d Avenue South Intersection Improvement Intersection Operations Enhancement 18. SE 240a' Street and 104a' Avenue SE (SR 515 Benson Highway) Intersection Improvement Intersection Operations Enhancement 19. Military Road South Widening South 277 h Street to Kent-DesMoines Road (SR 516) 20. 132Id Avenue Southeast Widening—Phase I KentKangleyRoad(SR 516) to Southeast 248h Street 21. 132°d Avenue Southeast Widening—Phase II Southeast 24e Street to Southeast 240`h Street 22. Kent Kangley Road and 132°d Avenue SE Intersection Improvement Intersection Operations Enhancement 23. South 260a' Street and Pacific Highway South (SR 99) Intersection Improvement Intersection Operations Enhancement 24. SE 256a' Street and 104a' Avenue SE (SR 515/Benson Highway) Intersection Improvement Intersection Operations Enhancement 25. Kent Kangley Road and 108a' Avenue SE Intersection Improvement Intersection Operations Enhancement 26. South 212a' Street and 84a' Avenue South Intersection Improvement Intersection Operations Enhancement 27. Meeker Street and Washington Avenue(SR 181) Intersection Improvement Intersection Operations Enhancement 28. South 272Id Street and Military Road Intersection Improvement Intersection Operations Enhancement 29. Street Preservation Program Ongoing Citywide Program 30. Residential Traffic Calming Program Ongoing Citywide Program 31. Traffic Signal Management Program Ongoing Citywide Program 32. Miscellaneous Intersection Improvements Ongoing Citywide Program 33. Comprehensive Plan Update Ongoing Citywide Program 34. Channelization Improvement Program Ongoing Citywide Program 35. Bicycle System Improvements Ongoing Citywide Program 36. Sidewalks, Sidewalk Repair and the Americans with Disabilities Act Compliance Program Ongoing Citywide Program 37. Guardrail and Safety Improvements Ongoing Citywide Program 38. Community Based Circulating Shuttles Ongoing Citywide Program 39. Transit Now Service Partnership Program Ongoing Citywide Program 40. Railroad Quiet Zone for Downtown Urban Center Ongoing Citywide Program CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT 41: Southeast 256u' Street Widening, Phase II SR 516(Kent Kangley Road) to 116 h Avenue Southeast DESCRIPTION: Construct a three lane roadway from SR 516 (Kent Kangley Road) to 116t' Avenue SE. This project includes bike lanes on both sides of the roadway. The project will include construction of full-width paving; concrete curbs, gutters, and sidewalks; street lighting; storm drainage; landscaping; utilities; and appurtenances. PROJECT COST: Preliminary Engineering ............$1,000,000 Right of Way Acquisition............$1,500,000 Construction ............$4,500,000 TOTAL ............$7,000,000 FUNDING SOURCE(S):City of Kent, Local Improvement District, TIB PROJECT JUSTIFICATION: Southeast 256t' Street is a two-lane roadway with no curbs, gutters or sidewalks and a limited street light system. Despite the lack of suitable pedestrian facilities and extremely harsh weather in January 2012, over 650 pedestrians per day walked along this segment of roadway. During peak hours, the roadway cannot accommodate the traffic volumes due to the large number of vehicles blocking the roadway while waiting to turn left into driveways. The widening of Southeast 256t' Street also alleviates traffic on SR 516 (Kent Kangley Road) as the two roads serve east/west travel demand. The project will increase the capacity of this roadway by adding a center two-way left turn lane. This project provides a multi-modal connection between improvements west and east of this segment. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT 42: Kent Kangley Pedestrian Safety Improvements 104`h Avenue SE to 124`h Avenue SE DESCRIPTION: Add new mid-block pedestrian crossings of Kent Kangley Road with median refuge islands and Rectangular Rapid Flashing Beacons. Restripe crosswalks and stop bars, upgrade pedestrian crossings to countdown message modules and Americans with Disability Accessible (ADA) standard pedestrian push buttons. There are a total of 8 intersections that will be improved by this project and proper signage will be updated along the entire project length. This project also includes education and enforcement elements. PROJECT COST: Preliminary Engineering .................$74,000 Right of Way Acquisition..........................$0 Construction ...............$342,000 TOTAL ...............$416,000 FUNDING SOURCE(S):Washington State Department of Transportation PROJECT JUSTIFICATION: Kent Kangley Road (SR 516) is one of the most densely populated corridors in the City. The section from 104t' Ave SE to 124t' Ave SE is a congested, mixed land use, Principal Arterial that is a designated truck route currently operating at a Level of Service (LOS) E during the PM Peak. The majority of housing along this portion of SR 516 is high density multifamily housing that generates a substantial amount of pedestrian traffic. This section of Kent Kangley is a high boarding area for transit and is also a popular destination for senior citizens due to the high concentration of shopping facilities, banks, medical offices and senior housing. The project area includes two of the highest collision incident locations in the City (104� Avenue SE at 256� Street and 116� Avenue SE at Kent Kangley Road). The majority of collisions reported in the project area from 2006-2008 occurred during the daylight hours with pedestrians over the age of 18. This project will improve safety through the construction of these engineering improvements combined with education and enforcement. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT 43: South 228a' Street/Union Pacific Railroad Grade Separation Grade Separation crossing at Union Pacific Railroad DESCRIPTION: Construct grade separation of the Union Pacific Railroad mainline tracks at South 228t' Street. The project will include the construction of a bridge; four-lane vehicle crossing; full-width paving; concrete curbs, gutters and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering ............$1,500,000 Right of Way Acquisition............$2,500,000 Construction ..........$21,000,000 TOTAL ..........$25,000,000 FUNDING SOURCE(S): City of Kent, Port of Seattle, FAST, FMSIB, LID, Union Pacific Railroad PROJECT JUSTIFICATION: The project will lead to a seamless connection between major freight handlers and their primary destinations. This project will support freight moving through Kent to the Ports of Seattle and Tacoma, SeaTac Airport and the freeway system. Grade separating this arterial will increase roadway capacity, decrease congestion, enhance safety and improve freight mobility in this corridor and throughout the region. This project will provide regional connections for thousands of businesses, employers, and the 40 million square feet of warehouse/industrial space in the valley. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT 44: 72nd Avenue South Extension South 20dh Street to South 196 h Street DESCRIPTION: This project completes a missing link by constructing a new three-lane roadway from South 200 Street to South 196d' Street. The project will include the crossing of Mill Creek and construction of full-width paving; concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering ...............$250,000 Right of Way Acquisition.................$75,000 Construction ............$2,075,000 TOTAL ............$2,400,000 FUNDING SOURCE(S): TIB, Regional Fire Authority, City of Kent PROJECT JUSTIFICATION: Continued development in the northern Kent industrial area, and high levels of congestion along West Valley Highway between the South 180d' Street and South 196d' Street corridors, mandate additional north-south arterial capacity. This project provides some relief for South 180d' Street, South 196d' Street, and South 212d' Street intersections along West Valley Highway. It also provides improved access to the South 196d' Street corridor from industrial development along 72°d Avenue South by constructing the missing link between South 200d' Street and South 196d' Street. This roadway connection provides a direct link from the existing Fire Station on 72°d Avenue South to the 190 Street corridor, grade-separated over both the BNSF and UPRR mainline railroad tracks, dramatically improving emergency response times to a large area of the Kent Manufacturing/Industrial Center and warehouse land uses. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT 45: Safe Routes to Schools Improvements at Horizon Elementary School 27641 144`h Avenue SE DESCRIPTION: Install a paved pathway on the east side of 144t' Avenue SE from SE 278t' Street to SE 276t' Place. Install a new midblock school crosswalk across 144t' Avenue SE on the south side of the school driveway. Install Rectangular Rapid Flashing Beacons at the new crosswalk and install advance school crossing signs. This project also includes education and enforcement elements including the purchase of an additional Lidar Radar Unit for police enforcement. PROJECT COST: Preliminary Engineering .................$91,500 Right of Way Acquisition..........................$0 Construction ...............$214,060 TOTAL ...............$305,560 FUNDING SOURCE(S): W SDOT, City of Kent PROJECT JUSTIFICATION: The purpose of the Safe Routes to Schools Program is to encourage more students to walk and bicycle to and from school rather than being driven by their parents. Through a combination of engineering enhancements to the built environment plus education efforts aimed at the students and their parents, it is hoped that families will increase the number of walking and biking trips they make to their local school. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT 46: Safe Routes to Schools Improvements at Meridian Elementary School 25621 14dh Avenue SE DESCRIPTION: Install a traffic signal at the intersection of SE 256t' Street and 140t' Avenue SE and construct an asphalt pavement walkway with an extruded curb along SE 256t' Street from approximately 134t' Avenue SE to 140t' Avenue SE. The traffic signal includes a traffic surveillance camera and interconnect cable to connect this signal to the rest of the City's traffic control system. This project also includes education and enforcement elements including the purchase of an additional Lidar Radar Unit for the police enforcement. PROJECT COST: Preliminary Engineering ...............$208,340 Right of Way Acquisition..........................$0 Construction ...............$625,000 TOTAL ...............W3,340 FUNDING SOURCE(S): W SDOT, City of Kent PROJECT JUSTIFICATION: Meridian Elementary School is located near the intersection of SE 256t' Street and 140t' Avenue SE. The school provides adult crossing guards to help students cross SE 256t' Street. The level of development in the area has increased to the point that local traffic in the neighborhood and in the communities to the east of the school has become especially heavy at the afternoon bell times. A full traffic signal would assist the crossing guards, the school children, the parents and teachers arriving/leaving the school and all the local motorists to maneuver in an orderly way during times of heavy conflict. Currently students must walk or bike along a wide shoulder on SE 256t' Street. This project would provide an asphalt walking path which would be separated from the roadway by a raised curb providing clearly delineated locations for pedestrians, bicyclists and motorists. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT 47: Safe Routes to Schools Improvements at Meadow Ridge Elementary School 2771010e Avenue SE DESCRIPTION: Install a 6 foot concrete sidewalk with curb and gutter along the west side of 108t' Avenue SE from SE 273`d Street to SE 272°1 Street. Install a 6 foot concrete sidewalk with curb and gutter along the south side of SE 272°d Street from 108,' Avenue SE to 105t' Avenue SE. This project will install a new crosswalk crossing 108t' Avenue SE with Rectangular Rapid Flashing Beacons and appropriate signage on the north side of the onramp to the westbound 277t' Street Corridor. This project also includes education and enforcement elements including the purchase of an additional Lidar Radar Unit for police enforcement. PROJECT COST: Preliminary Engineering ...............$175,000 Right of Way Acquisition..........................$0 Construction ...............$436,120 TOTAL ...............$611,120 FUNDING SOURCE(S): W SDOT, City of Kent PROJECT JUSTIFICATION: Few students currently walk or bicycle to Meadow Ridge Elementary School. The Kent School District provides bus transportation for all students living west of 108t' Avenue South and for students living north of the school. This project will make the pedestrian environment much more friendly for all users and make it an inviting alternative for parents and students to choose. The City of Kent has a number of programs that encourage people of all ages to live a more active lifestyle and makes it a City priority to provide attractive walking and bicycling facilities. Once these additional sidewalk facilities are built and the new crosswalk across 108t' Avenue SE with Rectangular Rapid Flashing Beacons is installed, it is anticipated that many more families will be encouraged to walk their children to Meadow Ridge rather than drive them to school. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT 48: Kent Regional Trails Connector Puget Power Trail at 64`h Avenue South to Interurban Trail at 72"d Avenue South DESCRIPTION: Construct 4,400 foot multi-use trail connecting the Green River and Interurban Regional Trails at a point approximately mid-way between the South 212d' Street and South 228d' Street Corridors at about South 218d' Street in the heart of the Kent Valley. This 12-foot wide multi-use trail for non-motorized users will include trail lighting to enhance visibility and encourage year round usage. Rectangular Rapid Flashing Beacons and marked crosswalks will be installed where the new trail crosses midblock at 64d' Avenue South and 72°d Avenue South. A traffic signal for pedestrians and bicyclists crossing mid-block will be installed on 68d' Avenue South (aka West Valley Highway/SR 181). The signal will include a camera for performance monitoring. The project will install a steel pedestrian/bicycle bridge over the Mill Creek between 72°d Avenue South and the Interurban Trail. PROJECT COST: Preliminary Engineering ...............$265,000 Right of Way Acquisition..........................$0 Construction ...............$860,000 TOTAL ............$1,125,000 FUNDING SOURCE(S): CMAQ, WSDOT, City of Kent PROJECT JUSTIFICATION: One of the highest priority projects in the City's Non-Motorized Plan and Transportation Master Plan, this new trail would fill a missing east/west link in the City's and the region's bicycle network. It would connect two of the most heavily used regional trails to each other and provide access for tens of thousands of people to a concentrated employment center. It would provide alternative mode access to The Kent Manufacturing/Industrial Center's 1,800 employers, to recreational activities along the Green River and the Green River Natural Resources Area and provide additional safety for all users crossing three major arterial streets in an area with a heavy mix of truck traffic. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT 49: James Street Bicycle Lanes Interurban Trail to Washington Avenue (SR 181) and 800 feet east of the Green River Trail DESCRIPTION: Install bike lanes along James Street from the Interurban Trail to Washington Avenue South (SR 181). This project will also eliminate the gap of approximately 800 feet at the west end of James Street where James Street intersects with the Green River Trail. PROJECT COST: Preliminary Engineering ...............$150,000 Right of Way Acquisition..........................$0 Construction ............$1,225,000 TOTAL ............$1,375,000 FUNDING SOURCE(S): STP, City of Kent PROJECT JUSTIFICATION: The proposed bicycle lanes would complete a missing bicycle link between the Green River Trail and the Kent Regional Growth Center. This project would provide the first dedicated bicycle lanes to penetrate what had here-to-for been a barrier to east/west bicycle travel, State Route 167. Bike lanes currently extend easterly from this point providing connections to the King County Regional Justice Center, Kent Station (an 18-acre shopping and entertainment complex), and the Kent Transit Center. Nearby land uses include historic downtown Kent, City Hall and the Kent City Center project scheduled to add 164 urban-style apartments to the downtown core starting in 2013. Filling in the missing links of this bicycle corridor is expected to encourage more people to utilize bicycling for more of their trips. The anticipated mode shift from single-occupant vehicle to bicycle will allow Kent to meet growth management goals while continuing to comply with its adopted level of service standards and federal clean air standards. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT 410: South 224u' Street Extension 84`h Avenue South to 104`h Avenue Southeast (Benson Rd) (SR 515) DESCRIPTION: Construct a three-lane road from 84t' Avenue South to 104t' Avenue Southeast (Benson Road) (SR 515), including new bridges over SR 167 and Garrison Creek. The project will include the construction of full-width paving; concrete curbs, gutters and sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering ............$3,000,000 Right of Way Acquisition............$4,000,000 Construction ..........$22,000,000 TOTAL ..........$29,000,000 FUNDING SOURCE(S): City of Kent, LID PROJECT JUSTIFICATION: The existing roadway system cannot accommodate the current or forecast east- west traffic volumes between Kent's East Hill and the Green River Valley floor. In order to meet transportation concurrency requirements of the Growth Management Act, additional east-west vehicle capacity is required. Intersections along South 208ffi/212ffi Street and James/Southeast 240ffi Streets are also at or over capacity. It is not feasible to widen the James/Southeast 240t' Street and South 208ffi/212ffi Street `corridors' enough to accommodate forecast traffic volumes without additional east-west capacity because of existing development and topographic constraints. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 PROJECT 411: Central Avenue South Improvements Green River Bridge to East Willis Street(SR 516) DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add service life to the roadway, between the Green River Bridge and East Willis Street (SR 516). This project will include the removal and replacement of failing pavement sections and a full-width asphalt concrete overlay of the entire roadway. Also included in this project is the replacement of curbs, gutters, sidewalks and street trees, as well as minor storm drainage improvements. PROJECT COST: Preliminary Engineering ...............$500,000 Right of Way Acquisition..........................$0 Construction ............$4,000,000 TOTAL ............$4,500,000 FUNDING SOURCE(S): STP, City of Kent PROJECT JUSTIFICATION: The existing pavement along this section of Central Avenue South is exhibiting signs of distress, as demonstrated by "alligatoring", longitudinal cracking, and cracking of the curbs and gutters. The service life of this roadway has been reached, necessitating reconstruction of the roadway. The sidewalk system is sub-standard in many locations and in need of replacement. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 PROJECT 412: SE 208th Street and 108th Avenue SE (SR 515/Benson Highway) Intersection Improvement Intersection Operations Enhancements DESCRIPTION: Add dual southbound left storage lane on 108t' Avenue SE, widen the receiving lane on SE 208t' St, and modify the signal phasing. PROJECT COST: Preliminary Engineering .................$60,000 Right of Way Acquisition.................$75,000 Construction ...............$575,000 TOTAL ...............$710,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: State Route 515, also known as The Benson Highway or 108t' Avenue SE, is the primary north south route on the East Hill and serves as a major transit route. With four to five lanes in its current configuration, this roadway has been widened to its practical limits. Improvements to intersections along the corridor can have positive effects on corridor congestion and improve efficiency. This project would add queuing capacity for the southbound left turn movement while continuing to provide two lanes of through travel. It could reduce the intersection delay in the afternoon peak period by more than 600 vehicles per hour. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2014 PROJECT 413: Willis Street and Central Avenue Intersection Improvements DESCRIPTION: Improve the intersection of Willis Street and Central Avenue to provide a right turn lane from southbound on Central Avenue to westbound Willis Street. Project includes sidewalk, curb and gutter replacement and improvements to traffic signal system. PROJECT COST: Preliminary Engineering .................$40,000 Right of Way Acquisition...............$150,000 Construction ...............$260,000 TOTAL ...............$450,000 FUNDING SOURCE(S): City of Kent, Developer Mitigation PROJECT JUSTIFICATION: This project is a traffic mitigation requirement for additional trips generated by the Kent Station Development. The City of Kent will be implementing this project that is required of the developer. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2015 PROJECT 414: 108u' Avenue Southeast Extension Southeast Kent Kangley Road(SR 516) to Southeast 256h Street DESCRIPTION: Construct a new three lane roadway from Southeast Kent Kangley Road (SR 516) to Southeast 256t' Street including rebuilding the traffic signals at the intersection of Southeast Kent Kangley Road and 108t' Avenue Southeast and installing a new traffic signal at the intersection of Southeast 256t' Street and 109t' Avenue Southeast. The project includes right turn lanes northbound on 109t' at Southeast 256t' Street and Southbound on 109t' at Kent Kangley Road. The project will also include construction of full width paving; concrete curbs, gutters and sidewalks; Sharrows; street lighting; storm drainage; landscaping; utilities and appurtenances. As part of this project, the eastbound left-turn lane from Kent Kangley Road to Southeast 256t' Street will be eliminated. PROJECT COST: Preliminary Engineering ...............$200,000 Right of Way Acquisition............$2,000,000 Construction ............$1,750,000 TOTAL ............$3,950,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This project will relieve congestion at the Y intersection of 104t' Avenue Southeast (Benson Highway) (SR 515)/Kent Kangley Road (SR 516)/Southeast 256t' Street by improving the traffic flow along SR 516. It will eliminate the left turn pocket from SR 516 to Southeast 256t' Street and redirect that traffic along SR 516 to 108t' Avenue Southeast. There will be a new left turn pocket constructed for motorists wishing to travel north on 108t' Avenue Southeast to Southeast 256t' Street. By moving these left turning movements further to the east, away from the congested Y intersection, all directions of traffic will be able to flow more efficiently. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2015 PROJECT 415: Military Road South at Reith Road Intersection Improvement DESCRIPTION: Widen all approaches of Military Road South at Reith Road intersection to provide exclusive left turn lanes for each approach, and exclusive right turn lanes for northbound and southbound traffic on Military Road South and westbound traffic on Reith Road. Replace the existing traffic signal. The project will include the construction of full width paving, paved shoulders, street lighting, storm drainage, utilities and appurtenances. The intersection will accommodate the future bicycle lanes which are planned for both Military Road South and Reith Road. PROJECT COST: Preliminary Engineering ...............$180,000 Right of Way Acquisition...............$200,000 Construction ............$1,800,000 TOTAL ............$2,180,000 FUNDING SOURCE(S):TIB, City of Kent, Development Mitigation Funds PROJECT JUSTIFICATION: The level of development on the Kent West Hill coupled with the growth in the Puget Sound area and the regularly occurring congestion along both Pacific Highway South and Interstate 5 results in significant congestion at this intersection in the morning and evening peak hours. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2017 PROJECT 416: Smith Street and Central Avenue Intersection Improvement Intersection Operations Enhancements DESCRIPTION: Revise southbound and northbound turn lane assignment. PROJECT COST: Preliminary Engineering ...............$100,000 Right of Way Acquisition...............$400,000 Construction ...............$900,000 TOTAL ............$1,400,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The southbound vehicle movement is heaviest in the afternoon peak period. The predominant vehicle flow in the peak period is southbound on Central Avenue and then left on Smith Street to proceed eastbound up the hill. This revision in lane configuration, queue capacity, and turning capacity reduces congestion. This project could reduce the intersection delay in the afternoon peak period from 167 seconds per vehicle to 111 seconds per vehicle. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2017 PROJECT 417: S 212u' Street and 72Id Avenue South Intersection Improvementlntersection Operations Enhancements DESCRIPTION: Add southbound dual left turn lanes and restripe northbound lane configuration. PROJECT COST: Preliminary Engineering .................$60,000 Right of Way Acquisition...............$125,000 Construction ...............$505,000 TOTAL ...............$690,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: Kent is an important freight distribution center in the Puget Sound Region. The efficient movement of freight, through and within the City is critical to Kent's economic health. With the completion of the final road segment of 72°d Avenue South between South 196t' Street and South 200t' Street, 72°d Avenue South becomes a key freight corridor and this intersection of two important freight corridors (72° Ave S and S 212t' Street) takes on a highly significant role in relieving the congestion often found on West Valley Highway at peak periods. This improvement reduces future southbound vehicle queuing and congestion and has the potential to improve intersection delay from 193 seconds per vehicle to 63 seconds per vehicle. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2018 PROJECT 418: SE 240a' Street and 104a' Avenue SE (SR 515/Benson Highway) Intersection Improvement Intersection Operations Enhancements DESCRIPTION: Add dual northbound and southbound left turn lanes. Add northbound and southbound right turn pockets. Modify signal phasing. PROJECT COST: Preliminary Engineering ...............$120,000 Right of Way Acquisition...............$275,000 Construction ............$1,205,000 TOTAL ............$1,600,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: 104th Avenue SE (SR 515, also known as The Benson Highway), is the primary north south route on the East Hill and serves as a major transit route. With four to five lanes in its current configuration, this roadway has been widened to its practical limits. Improvements to intersections along the corridor can have positive effects on corridor congestion and improve efficiency. This project would add queuing capacity for both the northbound and southbound left turn movements while continuing to provide two lanes of through travel. It could reduce the intersection delay in the afternoon peak period from an average 110 seconds per vehicle to about 56 seconds per vehicle. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2018 PROJECT 419: Military Road South Widening South 272"d Street to Kent-Des Moines Road(SR 516) DESCRIPTION: This project will widen Military Road from South 272°d Street to Kent-Des Moines Road adding a center left-turn lane, bicycle lanes, curb, gutter and sidewalk. Also included is the construction of storm drainage improvement and illumination system improvements. (Note: The Reith Road intersection is a separate project and is not included in this project.) PROJECT COST: Preliminary Engineering ............$2,000,000 Right of Way Acquisition............$1,000,000 Construction ..........$15,500,000 TOTAL ..........$18,500,000 FUNDING SOURCE(S):City of Kent, Development Mitigation Funds, TIB PROJECT JUSTIFICATION: The level of development along this section of Military Road South has reached a point where a separate center two-way left turn lane is required. During peak traffic flow hours, the roadway cannot accommodate the traffic volumes due to the large number of vehicles blocking the roadway waiting to make left turns. Most sections of Military Road are lacking sidewalks and an adequate storm drainage system. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2018 PROJECT 420: 132Id Avenue Southeast Widening—Phase I KentKangleyRoad(SR 516) to Southeast 248h Street DESCRIPTION: Widen 132°d Avenue Southeast to provide a five lane roadway, including four general purpose travel lanes, a center left-turn lane, and a facility for bicycle travel; modifying the existing traffic signal systems at the intersections of Kent Kangley Road and Southeast 256d' Street. The project will include the construction of full-width paving; bicycle lanes; concrete curbs, gutters and sidewalks; street lighting; storm drainage; utilities; and appurtenances. PROJECT COST: Preliminary Engineering ............$3,800,000 Right of Way Acquisition............$3,100,000 Construction ..........$18,200,000 TOTAL ..........$25,100,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of 132°d Avenue has already reached the point whereby a consistent five land roadway section is needed to provide efficient left-turn access into adjoining properties and accommodate forecast traffic volumes. Existing traffic volumes that exceed 20,000 ADT (near the intersection of 132°d Avenue southeast and Kent Kangley Road) necessitate a five lane section. Sidewalks and bicycle facilities will provide multimodal access to adjacent land uses. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2018 PROJECT 421: 132nd Avenue Southeast Widening—Phase II Southeast 24e Street to Southeast 24dh Street DESCRIPTION: Widen 132°d Avenue Southeast to provide a five lane roadway, including four general purpose travel lanes, a center left-turn lane, and a bicycle facility; modifying the existing traffic signal system at the intersection of Southeast 240d' Street. The project will include the construction of full-width paving; bicycle lanes; concrete curbs, gutters, and sidewalks; street lighting; storm drainage; utilities and appurtenances. PROJECT COST: Preliminary Engineering ...............$750,000 Right of Way Acquisition............$1,500,000 Construction ............$4,750,000 TOTAL ............$7,000,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of 132°d Avenue has already reached the point whereby a consistent five lane roadway section is needed to provide efficient left-turn access to adjoining properties and accommodate forecast traffic volumes. Sidewalks and bicycle facilities will provide multimodal access to adjacent land uses. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2018 PROJECT 422: Kent Kangley Road and 132nd Avenue SE Intersection Improvement Intersection Operations Enhancements DESCRIPTION: Add northbound and southbound dual left turn lanes. PROJECT COST: Preliminary Engineering .................$85,000 Right of Way Acquisition...............$175,000 Construction ...............$940,000 TOTAL ............$1,200,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: Kent Kangley Road is a Principal Arterial with over 32,000 daily vehicle trips. 132°d Avenue SE is a Minor Arterial with over 14,000 daily vehicle trips. The demand on both roads is anticipated to grow in the next decade as growth in households and jobs on Kent's East Hill continues to develop. Over the next 20 years the growth of traffic on 132°d Avenue is projected to grow at an average rate of 0.8% per year. This means the demand on the roadway would be 20% higher by 2030. The intersection of these two key roadways becomes a chokepoint for both local and regional commuters. This improvement reduces existing and future southbound congestion. It has the potential to reduce the intersection delay from 109 seconds per vehicle to 44 seconds per vehicle. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2018 PROJECT 423: South 260u' Street and Pacific Highway South (SR 99) Intersection Improvement Intersection Operations Enhancements DESCRIPTION: Add westbound dual left turn lanes. Add eastbound right turn pocket. Modify signal phasing. PROJECT COST: Preliminary Engineering ...............$100,000 Right of Way Acquisition...............$250,000 Construction ...............$900,000 TOTAL ............$1,250,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: S 260t' Street provides one of the few direct connections between the Pacific Highway corridor and the downtown City Core. South 260th is a multimodal corridor which accommodates vehicles, pedestrians, bicyclists and bus traffic. As the Midway area redevelops into a more commercial/residential mixed-use zone, the traffic connections to the Military Road neighborhood and connections to the valley retail and civic center need to be updated to highest efficiency. This intersection improvement reduces future westbound vehicle queuing and congestion of over 500 vehicles per hour and improves the intersection delay from 180 seconds per vehicle (3 minutes) to approximately 87 seconds per vehicle in the PM Peak Period. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2018 PROJECT 424: SE 256a' Street and 104a' Avenue SE (SR 515/Benson Highway) Intersection Improvement Intersection Operations Enhancements DESCRIPTION: Add northbound right turn lane. Modify signal phasing. PROJECT COST: Preliminary Engineering .................$80,000 Right of Way Acquisition...............$150,000 Construction ...............$220,000 TOTAL ...............$450,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: At the confluence of two state highways (SR 516 and SR 515) this intersection experiences congestion during most times of the day. Approximately 33,000 daily vehicle trips are traveling east/west on SR 516 (Kent Kangley) where it meets SE 256t' Street and 104 Avenue SE at what is commonly known as the Kent Kangley "Y" To help facilitate the northbound movement at this intersection, this project will provide a dedicated right turn lane for traffic flowing eastbound. This project also provides some signal improvements (upgrades) to allow changes to the signal timing and phasing at this intersection. The combined improvements are estimated to reduce delay on the northbound segment from 156 seconds per vehicle to 86 seconds per vehicle in the peak period. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2018 PROJECT 425: Kent Kangley Road and 10e Avenue SE Intersection Improvement Intersection Operations Enhancements DESCRIPTION: Add eastbound and westbound dual left turn lanes. Add eastbound right turn pocket. Change northbound right turn phasing. Complete traffic signal replacement. PROJECT COST: Preliminary Engineering .................$80,000 Right of Way Acquisition.................$75,000 Construction ............$1,045,000 TOTAL ............$1,200,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This project is needed to support the capital improvement project adding a new 108t' Street or 109t' Street connection between Kent Kangley Road and SE 256t' Street. Another study looked at various alternatives to this intersection and road addition. If the 108 /l09'' project goes forward, it would then set up the need for further adjustments to the operations on Kent Kangley Road. This project addresses those impacts. This project would keep the delay at this intersection at 92 seconds per vehicle or less which is within the City's adopted Level of Service Standard, LOS E. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2018 PROJECT 426: South 212u' Street and 84th Avenue South Intersection Improvement Intersection Operations Enhancements DESCRIPTION: Extend eastbound left turn lane and add northbound and southbound dual left turn lanes. Modify signal phasing. PROJECT COST: Preliminary Engineering ...............$130,000 Right of Way Acquisition...............$420,000 Construction ............$1,250,000 TOTAL ............$1,800,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This intersection experiences congestion during most times of the day. Both roads are Principal Arterials and each carries over 25,000 vehicle trips per day. The demand on both of these roads is expected to grow in the next decade as growth in both freight movement and residential development in Kent's valley continues to develop. This project also provides some signal improvements (upgrades)to allow changes to the signal timing and phasing of this intersection. The improvements would reduce congestion because of heavy demand for left turn movements. It is anticipated that these improvements could reduce the intersection delay to as little as 47 seconds per vehicle. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2018 PROJECT 427: Meeker Street and Washington Avenue Intersection Improvement Intersection Operations Enhancements DESCRIPTION: Add eastbound and westbound right turn pockets. Extend left turn storage pockets. Modify signal phasing. PROJECT COST: Preliminary Engineering .................$60,000 Right of Way Acquisition...............$150,000 Construction ...............$550,000 TOTAL ...............$760,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This is one of the busiest intersections in the City. Washington Avenue (SR 181) is a Principal Arterial and Meeker Street is a Minor Arterial. They each carry about 25,000 vehicle trips per day at this location. Much of the vehicle volume on Washington Avenue is truck trips headed for the regional highways and the Ports of Seattle and Tacoma. At the same time, internal automobile, bicycle, and pedestrian traffic between the west side of Kent and the Downtown City Center needs to maneuver through this busy intersection. These improvements will have the greatest effect on improving the efficiency of that east/west movement. It is anticipated that these improvements could reduce the intersection delay to as little as 57 seconds per vehicle. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2018 PROJECT 428: South 272Id Street and Military Road Intersection Improvement Intersection Operations Enhancements DESCRIPTION: Add a southbound through lane at the intersection. Modify signal phasing. PROJECT COST: Preliminary Engineering .................$20,000 Right of Way Acquisition..........................$0 Construction ...............$240,000 TOTAL ...............$260,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The increased development on the Kent West Hill combined with the lack of alternative north/south arterials places significant local congestion on Military Road. On those occasions when the State Highway System (I-5 and/or State Route 99, aka Pacific Highway South) breaks down, Military Road becomes the alternative of choice for regional diversion traffic. This project reduces existing and future southbound congestion. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 -2018 PROJECT 429: Street Preservation Program Ongoing Citywide Program DESCRIPTION: Projects that maintain the existing transportation system by overlaying, rehabilitating, and reconstructing the existing asphalt and concrete streets throughout the City. PROJECT COST: Preliminary Engineering ............$1,500,000 Right of Way Acquisition..........................$0 Construction ..........$23,700,000 TOTAL ..........$25,200,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The City assessed the condition of its street network in 2008. It was found that many of the streets exhibit deficiencies that reflect they are beyond their expected performance life and in need of a maintenance or rehabilitation overlay, or some amount of reconstruction. Moreover, historically, the amount of pavement resurfacing, rehabilitation, and reconstruction monies the City has budgeted each year has been insufficient to address the deficiencies of its street network. Insufficient budgets to perform this necessary work results in more expensive maintenance and rehabilitation options. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 -2018 PROJECT 430: Residential Traffic Calming Program Ongoing Citywide Program DESCRIPTION: This project will develop and implement residential traffic calming throughout the City on a priority basis as funding allows. PROJECT COST: Preliminary Engineering ...............$750,000 Right of Way Acquisition..........................$0 Construction ............$1,050,000 TOTAL ............$1,800,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The program was originally established in 1999 to address traffic concerns on residential streets. The City Council recently adopted a revised Traffic Calming Program in order to make informed, systematic decisions about actions to correct those concerns. There has been a substantial increase in requests to the City for installation of physical devices within the last couple of years that resulted in a significant increase in the number of speed and volume studies and required numerous public meetings. This program will allow for adequate traffic studies to keep up with the increased demand, support staff resources to perform the studies and work with residents toward resolving traffic concerns, and fund the purchase, installation and construction of physical devices for residential traffic calming. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 -2018 PROJECT 431: Traffic Signal Management Program Ongoing Citywide Program DESCRIPTION: This program will analyze intersections for potential installation of traffic signals or other traffic control to insure safe and efficient use of the existing and planned transportation network. Analysis of turn movements and collision history will be used to prioritize new traffic signal installations. PROJECT COST: Preliminary Engineering ...............$600,000 Right of Way Acquisition..........................$0 Construction ............$3,600,000 TOTAL ............$4,200,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: Historically,the City justifies the need for two new traffic signals per year to meet safety and mobility needs. This program budgets for projects needed to meet the increasing demand for signalized intersection control and the constant need for traffic counts to monitor vehicle volumes and behavior. It also supports the replacement of old, outdated traffic signal equipment at currently signalized intersections. The priorities for traffic signals will be set by transportation system signal warrant studies which include studies of volumes, collision history, pedestrian mobility needs, and roadway geometry. This program also helps the City maintain level of service standards necessary to maintain concurrency as required by the Growth Management Act. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 -2018 PROJECT 432: Miscellaneous Intersection Improvements Ongoing Citywide Program DESCRIPTION: Improve miscellaneous intersections within the City to accommodate future traffic volumes. Provides for improvements to the operational efficiency of the roadway system including rechannelization, signing, signal coordination programs, transit signal priority, Intelligent Transportation Systems, signal upgrades such as protective/permissive phasing and LED signal indications upgrades. PROJECT COST: Preliminary Engineering .................$45,000 Right of Way Acquisition..........................$0 Construction ...............$255,000 TOTAL ...............$300,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The Transportation Master Plan identified several intersections that will need to be improved to accommodate future traffic volumes. These intersections are spread throughout the City and are not included as separate projects within this 6-Year TIP. Increasing the capacity and efficiency of the existing roadway system through operational improvements is a very cost effective element of the transportation program. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 -2018 PROJECT 433: Comprehensive Plan Update Ongoing Citywide Program DESCRIPTION: This project consists of an update of the Transportation Element of the City's Comprehensive Plan and the Transportation Master Plan including near-term and long range planning of the City's transportation system needs. Project costs include consultant contracts for transportation planning, concurrency management, public involvement, travel demand and traffic operations modeling and analysis of potential financing strategies to construct, operate and maintain the City's transportation network. The project includes staff resources, hardware and software to analyze, manage and monitor the transportation network. PROJECT COST: Preliminary Engineering ...............$450,000 Right of Way Acquisition..........................$0 Construction ..........................$0 TOTAL ...............$450,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The City's 2008 Transportation Master Plan identified the City's transportation system needs out to the year 2030 but was based on the City's 2004 Comprehensive Plan. This project will support the City's 2014 Comprehensive Plan Update by incorporating the City's updated household and jobs forecasts into future transportation demand model forecast scenarios and develop possible transportation alternatives to accommodate the new growth projections. The City must be in compliance with all state, county and regional policies in order to be eligible to apply for competitive grants. The City endeavors to maximize transportation efficiency, investigate methods of measuring concurrency that incorporate all modes of travel, better reflects the ways our community is changing, engages the community in discussions about future transportation investments, and investigates various ways of funding our future transportation needs. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 -2018 PROJECT 434: Channelization (Street Markings) Improvement Program Ongoing Citywide Program DESCRIPTION: Provide street marking projects throughout the City to separate and regulate conflicting movements, define paths of travel, and facilitate safe and orderly movement on City Streets. PROJECT COST: Preliminary Engineering .................$40,000 Right of Way Acquisition..........................$0 Construction ...............$494,000 TOTAL ...............$534,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This ongoing program maintains and updates the channelization throughout the City. The City has 1,648,863 linear feet (LF) of channelization striping, 445,300 raised pavement markings, 22,012 LF of C curb and 7,179 LF of painted C curb. Channelization helps to limit conflict points and directs motorists through areas of complexity. These markings are also used to delineate left turn storage queue areas and deceleration areas for right turning vehicles. This project preserves the capacity and efficiency of the existing roadway system. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 -2018 PROJECT 435: Bicycle System Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous improvements to the city's bicycle routes as identified in the Nonmotorized Chapter (Chapter 6) of the adopted Transportation Master Plan (TMP). Bicycle lanes are part of individual street improvement projects and each of those projects would be itemized individually. The costs of those bike lanes added to TMP Street projects are estimated at approximately $40,000,000 and are not reflected here. This project is for shared lane striping and signing, and for the extension of the shared- use path network. PROJECT COST: Preliminary Engineering ...............$108,500 Right of Way Acquisition.................$72,500 Construction ...............$723,500 TOTAL ...............$904,500 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The 2008 Transportation Master Plan Nonmotorized System Study proposed a network of shared lane routes on transportation corridors throughout the city to help connect the bicycle system. Lane markings and sign postings can inform motorists and cyclists of those corridors best suited for significant bike use. These shared-lane facilities can provide critical linkages to major cycling activity centers and connections to the shared use path systems. This project can help achieve the City's goals for improving mobility, reducing vehicle trips, increasing physical exercise, and improving transportation connectedness. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 -2018 PROJECT 436: Sidewalks, Sidewalk Repair and the Americans with Disabilities Act Compliance Program Ongoing Citywide Program DESCRIPTION: Systematically construct new sidewalks as identified in the Transportation Master Plan as the Highest/High Priorities throughout the City. Reconstruct and repair existing sidewalks and curb ramps and install new truncated domes and hard-surfaced sidewalks to implement the requirements of the Federal Americans with Disabilities Act (ADA) consistent with the findings of the Nonmotorized Chapter (Chapter 6) of the 2008 Transportation Master Plan. PROJECT COST: Preliminary Engineering ...............$500,000 Right of Way Acquisition...............$250,000 Construction ............$2,250,000 TOTAL ............$3,000,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This project is mandated by Title II of the Americans with Disabilities Act. Title II requires that a public entity must evaluate its services, programs, policies, and practices to determine whether they are in compliance with the nondiscrimination requirements of the ADA. The ADA requires that an ADA Transition Plan be prepared to describe any structural or physical changes required to make programs accessible. The City has conducted a self-evaluation and prepared a Transition Plan including a prioritized list of projects to bring itself into compliance with the Federal ADA regulations. This program begins working on that list of projects to construct and repair the City's sidewalk and street/sidewalk transition zones for accessibility for all users and begins to address the pedestrian improvements identified in the Transportation Master Plan. This project can help achieve the City's goals for improving mobility, reducing vehicle trips, increasing physical activity, and improving transportation connectedness. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 -2018 PROJECT 437: Guardrail and Safety Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous guardrail improvements each year to enhance motorist safety. Candidate projects include Frager Road, SE 240d'/148d' Avenue Southeast hillside, Lake Fenwick Road north or S 272°d Street, and 100d' Avenue Southeast. Upgrade existing guardrail end-treatments as mandated by State and Federal regulations. PROJECT COST: Preliminary Engineering .................$20,000 Right of Way Acquisition..........................$0 Construction ...............$175,000 TOTAL ...............$195,000 FUNDING SOURCE(S): City of Kent, HES PROJECT JUSTIFICATION: This project is mandated by compliance with Federal and State regulations and the requirement to eliminate potentially hazardous roadway conditions. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 -2018 PROJECT 438: Community Based Circulating Shuttles Ongoing Citywide Programs DESCRIPTION: Continue to provide enhanced transit service to meet the needs of the community through the use of fixed-route shuttle service, with demand-responsive routing capabilities. Routes 914/916 serve the Kent Transit Center, Regional Justice Center, Kent City Hall, Green River Community College's Kent campus, and local shopping and medical facilities. The Route 918 shuttle connects the City's manufacturing/industrial center with the regional bus and commuter train services at the Kent Transit Center. PROJECT COST: Preliminary Engineering ..........................$0 Right of Way Acquisition..........................$0 Construction ...............$252,000 TOTAL ...............$252,000 FUNDING SOURCE(S): City of Kent, CMAQ, King County, ITS PROJECT JUSTIFICATION: Routes 914/916 provide mobility and independence to many of the city's seniors and reduce the need for expensive ACCESS service for many wheelchair-lift service trips. Community circulating shuttles encourage the participation of all ages, all economic groups, all physical abilities, and virtually all of our community in everyday civic life without the isolation and pollution of the automobile for every trip. Commuter shuttles enhance the regional transit/train service by providing the vital link from home or work to the Transit Center, encouraging people to travel without their personal vehicles —thus avoiding the cold-start impacts to air quality and reducing congestion on local streets. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 -2018 PROJECT 439: Transit Now Service Partnership Program Ongoing Citywide Program DESCRIPTION: Transit Now is a voter-approved King County Metro Transit program which provides incentives for local jurisdictions to improve local transit operations by entering into a direct financial partnership with Metro for providing additional service. Metro will match a partner's contribution on a 2:1 basis. Transit Now requires a minimum contribution from the partner of$100,000 per year for five (5) years to add a new route. Kent has entered into partnership with Metro to provide new service to The Lakes and Riverview neighborhoods and to provide the missing link between the Kent Transit Center and major worksites in the valley industrial area PROJECT COST: Preliminary Engineering ............$1,000,000 Right of Way Acquisition..........................$0 Construction ..........................$0 TOTAL ............$1,000,000 FUNDING SOURCE(S):City of Kent, King County, Commute Trip Reduction Program (CTR) Employers PROJECT JUSTIFICATION: Transit service (bus and train) between Kent and downtown Seattle is generally competitive with automobile driving during the commute hours. Transit service within Kent and between Kent and its neighboring jurisdictions has serious deficiencies. Due to low frequency, transit is simply not a viable option for travelers who need to make a trip during the midday, commuters working non-traditional shifts, and peak hour commuters who are concerned that there is no safety net service should they need to travel during the midday. These partnership proposals allow us to buy our way into providing additional service to our community that we would not otherwise be able to obtain. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2013 -2018 PROJECT 440: Railroad Quiet Zone for Downtown Urban Center Ongoing Citywide Program DESCRIPTION: Establishment of a railroad quiet zone for the Burlington Northern Santa Fe Railway (BNSF) tracks and the Union Pacific Railroad (UPRR) tracks through the City of Kent. The grade crossings to be included in the quiet zone on the BNSF railroad mainline are: S 259t' Street, Willis Street, Titus Street, Gowe Street, Meeker Street, Smith Street, James Street, and S 212t' Street. The grade crossings included in the quiet zone for the UPRR mainline tracks are: Willis Street (SR 516), W Smith Street, W Meeker Street, W James Street, S 228t' Street, and S 212t' Street. PROJECT COST: Preliminary Engineering ............$3,500,000 Right of Way Acquisition..........................$0 Construction ..........................$0 TOTAL ............$3,500,000 FUNDING SOURCE(S):City of Kent, Federal Rail Administration, FHWA PROJECT JUSTIFICATION: Locomotive engineers begin sounding the train-mounted horn approximately '/4 mile from the intersection of a highway/railroad crossing. This warning device is an effective deterrent to accidents at grade crossings but exposes the local community to significant levels of noise that often deprecates the quality of life for those living closest to the railroad facilities. CITY OF KENT, WASHINGTON SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2013 — 2018 40 • 000 KENT WASH IN G T O N For more information or additional copies of this document contact: Steve Mullen, Transportation Engineering Manager City of Kent, Public Works, Engineering 220 Fourth Avenue South Kent, WA 98032-5895 (253) 856-5585 smullen@kentwa.gov #REF! ESTIMAT DESCRIPTION COSTS ED START DATE 1 2013 Southeast 256th Street Widening, Phase II $7,000,000 2 2013 Kent Kangley Pedestrian Safety Improvements $416,000 3 2013 South 228th Street/Union Pacific Railroad Grade Separation $25,000,000 4 2013 72nd Avenue South Extension $2,400,000 5 2013 Safe Routes to Schools Improvements at Horizon Elementary School $305,560 6 2013 Safe Routes to Schools Improvements at Meridian Elementary School $833,340 7 2013 Safe Routes to Schools Improvements at Meadow Ridge Elementary $611,120 School 8 2013 Kent Regional Trails Connector $1,125,000 9 2013 James Street Bicycle Lanes $1,375,000 10 2013 South 224th Street Extension $29,000,000 11 2013 Central Avenue South Improvement(Green River Bridge to Willis $4,500,000 Street) 12 2014 SE 208th Street& 108th Avenue Intersection Improvement $710,000 13 2014 Willis Street and Central Avenue Intersection Improvements $450,000 14 2015 108th Ave Southeast Extension $3,950,000 15 2015 Military Road South at Reith Road $2,180,000 16 2017 Smith and Central Avenue Intersection Improvement $1,400,000 17 2017 S 212th Street and 72nd Avenue South Intersection Improvement $690,000 18 2018 SE 240th St and 104th Ave SE Intersection Improvement $1,600,000 19 2018 Military Road South Widening $18,500,000 20 2018 132nd Avenue Southeast Widening, Phase I (Kent Kangley to SE 248th $25,100,000 St) 21 2018 132nd Avenue Southeast Widening, Phase II (SE 248th St to SE 240th $7,000,000 St) 22 2018 Kent Kangley Road &132nd Avenue SE Intersection Improvements $1,200,000 23 2018 South 260th Street& Pacific Highway South Intersection $1,250,000 Improvements 24 2018 SE 256th Street& 104th Avenue SE Intersection Improvements $450,000 25 2018 Kent Kangley Road &108th Avenue SE Intersection Improvements $1,200,000 26 2018 South 212th Street/84th Avenue S Intersection Improvements $1,800,000 27 2018 Meeker Street and Washington Avenue Intersection Improvements $760,000 28 2018 South 272nd Street and Military Road South Intersection $260,000 Improvements ONGOING CITYWIDE PROGRAMS: 29 2013- Street Preservation $25,200,000 2018 30 2013- Residential Traffic Calming Program $1,800,000 2018 31 2013- Traffic Signal Management Program $4,200,000 2018 32 2013- Miscellaneous Intersection Improvements $300,000 2018 33 2013- Comprehensive Plan Update $450,000 2018 34 2013- Channelization $534,000 2018 35 2013- Bicycle System Improvements $904,500 2018 36 2013- Sidewalks, Sidewalk Repair and Americans with Disabilities Act $3,000,000 2018 Compliance Program 37 2013- Guardrail and Safety Improvements $195,000 2018 38 2013- Community Based Circulating Shuttles $252,000 2018 39 2013- Transit Now Service Partnership Agreements $1,000,000 2018 40 2013- Quiet Zone for Downtown Urban Center $3,500,000 2018 Total: $182,401,520 w," Agenda Item: Other Business — 8A TO: City Council DATE: June 5, 2012 SUBJECT: Medical Marijuana Ordinance MOTION: Move to adopt Ordinance No. prohibiting medical cannabis collective gardens within specific zoning districts in the city of Kent. SUMMARY: On May 14, 2012, the Economic and Community Development Committee recommended to the City Council in a 2-1 vote to prohibit medical cannabis collective gardens in all zoning districts. The attached ordinance reflects this recommendation of the ECDC committee. On January 3, 2012, the Council voted against an ordinance that would allow collective gardens in designated commercial and industrial zones. The Council also reenacted a moratorium regarding collective gardens or dispensaries for another six months. EXHIBITS: Ordinance RECOMMENDED BY: Economic and Community Development Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending Title 15 of the Kent City Code, to specify that medical cannabis collective gardens are not permitted in any zoning district within the city of Kent. RECITALS A. Recent amendments to Chapter 69.51A RCW, relating to the medical use of cannabis, have expanded the scope of certain activities, involving the use of cannabis for medical purposes that are permitted under state law. B. Section 69.51A.085 RCW allows "qualifying patients" to create and participate in "collective gardens" for the purpose of producing, processing, transporting, and delivering cannabis for medical use, subject to certain conditions. C. Section 69.51A.140 RCW delegates authority, to cities and towns, to adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes, as 1 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 those requirements and taxes relate to the production, processing, or dispensing of medical cannabis within their jurisdictions. D. The city council understands that approved medical uses of cannabis may provide relief to patients suffering from debilitating or terminal conditions, but potential secondary impacts from the establishment of facilities for the growth, production, and processing of medical cannabis are not appropriate for any zoning designation within the city. E. The city council further understands that while the medical benefits of cannabis have been recognized by the state legislature, cannabis remains a Schedule I controlled substance under the federal Controlled Substances Act (CSA), and possession and use of cannabis is still a violation of federal law. The city council wishes to exercise the authority granted pursuant to state law in order to clarify that the establishment of a collective garden will be deemed to be a violation of city zoning ordinances, but the city council expressly disclaims any intent to exercise authority over collective gardens in a manner that would directly conflict with the CSA. F. The city's State Environmental Policy Act (SEPA) official issued a Determination of Nonsignificance on September 26, 2011. G. On September 23, 2011, notice was sent to the Washington State Department of Commerce requesting expedited review. On, October 10, 2011, the city was granted expedited review 2 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 and was informed that it had met the Growth Management Act notice requirements under RCW 36.70A.106. H. The Economic and Community Development Committee considered this matter at its September 12, 2011 workshop, and held a public hearing on October 10, 2011. The matter was then considered at the Economic and Community Development Committee meetings on November 14, 2011, and December 12, 2011. The city council further considered this matter at its regular meeting on January 3, 2012, and the Economic and Community Development Committee again took up the matter at its May 14, 2012 meeting. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Chapter 15.02 of the Kent City Code is amended to add a new Section 15.02.074 to read as follows: Sec. 15.02.074. Collective gardens. Collective garden means the growing, production, processing, transportation, and delivery of cannabis, by qualifying patients, for medical use, as set forth in Chapter 69.51A RCW, and subject to the following conditions: 3 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 A. No more than ten qualifying patients may participate in a single collective garden at any time; B. A collective garden may contain no more than fifteen plants per patient up to a total of forty-five plants; C. A collective garden may contain no more than twenty-four ounces of useable cannabis per patient up to a total of seventy-two ounces of useable cannabis; D. A copy of each qualifying patient's valid documentation, including a copy of the patient's proof of identity, must be available at all times on the premises of the collective garden; E. No useable cannabis from the collective garden is delivered to anyone other than one of the qualifying patients participating in the collective garden; F. A collective garden may contain separate areas for growing, processing, and delivering to its qualified patients, provided that these separate areas must be physically part of the same premises, and located on the same parcel or lot. A location utilized solely for the purpose of distributing cannabis shall not be considered a collective garden; and G. No more than one collective garden may be established on a single tax parcel. 4 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 SECTION 2. -Amendment. Chapter 15.08 of the Kent City Code is amended by adding a new Section 15.08.290 to read as follows: Sec. 15.08.290. Medical cannabis collective gardens. A. Collective gardens, as defined in KCC 15.02.074, are prohibited in the following zoning districts: 1. All agricultural districts, including A-10 and AG; 2. All residential districts, including SR-1, SR-3, SR-4.5, SR-6, SR-8, MR-D, MR-T12, MR-T16, MR-G, MR-M, MR-H, MHP, PUD, MTC-1, MTC-2, and MCR; 3. All commercial/office districts, including: NCC, CC, CC-MU, DC, DCE, DCE-T, CM-1, CM-2, GC, GC-MU, 0, 0-MU, and GWC; 4. All industrial districts, including: MA, M1, M1-C, M2, and M3; and 5. Any new district established after June 5, 2012. B. Any violation of this section is declared to be a public nuisance per se, and shall be abated by the city attorney under applicable provisions of this code or state law, including, but not limited to, the provisions of KCC Chapter 1.04. 5 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 C. Nothing in this section is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any city, state, or federal law or statute. SECTION 3, — Severability. If any one or more sections, subsections, or sentences of this ordinance are 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 4, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 5, — 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. The City Clerk is directed to publish a summary of this ordinance at the earliest possible publication date. SUZETTE COOKE, MAYOR 6 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 20_. APPROVED: day of , 20_. PUBLISHED: day of , 20_. 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\Med Cannabis Zoning-Hnal.3.docx 7 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 KENT Agenda Item: Other Business — 813 TO: City Council DATE: June 5, 2012 SUBJECT: Financial Policies Resolution MOTION: Move to adopt Resolution No. adopting financial, accounting, and budgetary policies intended to improve financial stability in furtherance of the goals established in the City Council's Strategic Plan. SUMMARY: The city council has created and implemented a new strategic plan that sets forth tasks, objectives and goals intended to achieve the council's vision that Kent become "a safe, connected, and beautiful city, richly diverse with culturally vibrant urban centers." Council member Perry, in coordination with the city's Finance Director, has developed a new set of financial, accounting and budgetary policies intended to offer short and long-term guidance to city staff as the city moves toward accomplishing the goals established in the strategic plan. These policies have been discussed and amended in council workshop and in committee and are now ready for adoption. EXHIBITS: Financial Policies RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, adopting financial, accounting, and budgetary policies intended to provide short and long-term guidance to city staff for the purpose of achieving financial stability and achieving goals established in the City Council's Strategic Plan. RECITALS A. The city council has created and implemented a new strategic plan that sets forth tasks, objectives and goals intended to achieve the council's vision that Kent become "a safe, connected, and beautiful city, richly diverse with culturally vibrant urban centers." B. As the council developed this new plan, it has also created a new set of financial, accounting and budgetary policies that are intended to offer short and long-term guidance to city staff as the city moves toward accomplishing the goals established in the strategic plan. C. These policies will provide guidance to this and future councils as they develop the city's biennial budgets. D. Just as the strategic plan reflects goals and a vision the city strives to achieve, these policies reflect the financial goals and vision for the city. Accordingly, the council implements these policies today with the 1 Financial Policies Resolution understanding that not all goals can be achieved immediately, but rather will be achieved over time. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Recitals. The foregoing recitals are incorporated by this reference. SECTION 2, - Policies Adopted. The city of Kent Financial Policies attached as Exhibit A are adopted. SECTION 3, - Severabilitv. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this resolution and that remaining portion shall maintain its full force and effect. SECTION 4, - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of 2012. SUZETTE COOKE, MAYOR 2 Financial Policies Resolution ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of 2012. BRENDA JACOBER, CITY CLERK (SEAL) P:\Civil\I solution\Downtown Strategic Potion Plan.Final.docx 3 Financial Policies Resolution Exhibit A FINANCIAL POLICIES FINANCIAL STABILITY POLICIES General Fund Reserves—The target forthe General Fund Contingency Reserve is 10%of the General Fund budgeted expenditures or an amount that will maintain sufficient cash flow, whichever is greater. The policy is designed to provide a fiscal cushion, meet seasonal cash flow shortfalls. If the General fund reserves goes below 10%, based on the ending fund balance on December 31 of each year, the City shall take steps to rebuild the reserve within the next fiscal year. Strategic Opportunities Fund — The City shall annually transfer any amount in excess of the 10% contingency reserve in the General Fund to this fund. This fund will act as if it is a permanent fund except that it may be used to take advantage of investment opportunities that may arise.This fund shall only be utilized by an appropriation approved by City Council. In the event any of this fund is used in an economic downturn to stabilize city finances, such appropriation shall be repaid to the fund annually over the next three years. Capital Reserve Fund —The City shall annually budget a minimum of$250,000 into a reserve for the general capital needs of the City. Such fund may be used for unanticipated capital needs typically resulting from a natural disaster. This fund is designated to act as a stabilization fund for general capital and may, with a specific appropriation by City Council, be used for investment in revenue producing capital projects. This fund shall be enumerated in the budget and accrue each year. Contingency for Unanticipated Costs —The City will annually budget no less than $500,000 in the General fund for unanticipated costs. This amount, if unused,will be transferred in to a project account until the amount reaches a maximum of$1,500,000. If the fund or any portion of it is used,the City shall restore the balance to its $1,500,000 within three years. Equipment Replacement Fund-The City will maintain an Equipment Replacement Fund adequately funded to replace a fleet of vehicles and other heavy equipment at their scheduled replacement time. Technology capital replacement shall be funded through departmental charges and other revenues sufficient to replace both hardware and software at the end of their useful life. Self Insurance Program - The City will maintain an actuarially sound self insurance program for unemployment, worker's compensation, liability insurance and health insurance. All of the insurance programs are accounted for as separate cost centers within one parent insurance fund. Beginning in 2011, the liability insurance fund is funded through commercial insurance for claims over $250,000. Pension Funds - The City will maintain an actuarially sound Firemen's Relief and Pension Fund. Maintenance and Operational Planning —Maintenance of current assets shall take priority over new capital projects whenever possible. The City Council shall ensure that there are stable sources of revenue to fund ongoing maintenance of capital assets. Before any new capital asset is approved,staff shall present an estimate of the life cycle and maintenance cost. Such costs shall be included in the budgets for the following years. The City Council shall not approve of new capital projects unless there is funding for the ongoing maintenance of the asset. The City shall maintain an inventory of all City assets and costs of maintenance of those assets. Exhibit A OPERATING BUDGET POLICIES City Target Issues-The City Council will update its strategic plan in the early spring of each year. The staff will use this plan for development of the following year's budget priorities and the next biennial budget. Budget Kickoff—The Mayor and City Council shall meet in the Spring of even numbered years to plan the following biennial budget and agree on the anticipated revenues on which the preliminary budget will be based. The City Council shall review revenue estimates and preview potential changes to revenues. The City Council shall then approve the revenue amount that will be used by the Mayor to form the initial preliminary budget. The Mayor and City Council will meet additionally in late Summer to re-review the revenue estimates to adjust them more closely to the additional revenue information that has become available with the passage of time. Any changes resulting from this meeting shall be incorporated into the preliminary budget to be considered by City Council. Program Reviews — The Mayor shall perform a periodic review of staff and programs of the City for both efficiency and effectiveness.Alternate methods of delivery will be evaluated for providing services. Programs that are determined to be inefficient, ineffective, or inconsistent with the City Council's strategic goals shall be reduced in scope or eliminated. Preliminary Budget — The Mayor shall propose a preliminary budget in the Fall of even numbered years. The preliminary budget will be developed in accordance with the revenues approved by the City Council at the budget kickoff as amended. If the preliminary budget is based on revenues in excess of those approved by City Council,the Mayor will present the justification for the increased revenues or the additional proposed revenue sources. Structurally Balanced Budget—The Mayor shall present, and the City Council shall adopt a budget in which ongoing revenues equal or exceed ongoing expenditures. One time revenues shall not be used to pay for recurring expenditures. Conservative Expenditure Budgeting-The City will maintain its conservative expenditure budgeting with respect to budgeting existing full time positions for a full year. Acceptance of Grants —The City shall review any requirements for ongoing costs from any grant for operational purposes. Any requirement to fund any portion of the costs as a condition of receipt of the grant shall be a consideration in the decision to accept or reject the grant. Self Supporting Proprietary Funds-The City's water, sewer and golf course enterprise funds will be self supporting along with its internal service funds. The cost of providing services is expected to be fully funded from charges for the service. If the funds produce a loss, rates will be adjusted to achieve, at minimum, a break even status. If debt has been issued which requires a certain level of return, rates and charges will be adjusted to achieve those returns. Health Insurance Reserves — The target reserve for the Health Insurance Fund shall be two times IBNR. Full Cost of Service — The City will define its basic services to our residents. The services will be evaluated as to their full cost. This information will be incorporated and presented as a section of the annual budget. Exhibit A REVENUE AND COLLECTIONS Aggressive Collection Effort- The City will follow an aggressive policy of collecting all monies due the City to the extent that the collection efforts remain cost effective. Reimbursements on a timely basis—Many grants occur on a cost reimbursement basis. To maximize the City's available investable funds, reimbursement should be pursued on a timely basis. User Charges Related to Costs - The City will review fees and charges on an annual basis and will modify charges to adequately keep pace with increasing costs of providing services. User Charges and Taxes Related to Market Rates- The City will consider its user charges and its tax rates in connection with those of comparable sized communities and similar service providers, so that it will provide reasonable rates to maintain its advantage in the market place in attracting businesses and residences to the City of Kent. CAPITAL BUDGETING Committed Special Revenue Funds - The City will maintain its practice of designating its street and capital improvement revenue sources including a percentage of its sales tax collections for the funding of its capital improvement program. Capital Improvement Program - The City will update its capital facilities plan on an annual basis as required by the Growth Management Act. A preliminary plan will be established early in the budgeting process to serve as a guideline during the year,with a final amendment adopted with the adoption of the operating budgets to reflect the necessary changes in the City's Comprehensive Plan. DEBT POLICIES Projects Funded by Bonds — The use of long-term debt shall be minimized. The City should issue debt only for major capital projects. Debt should only be authorized for projects where the life of the asset constructed or acquired exceeds the life of the debt. Debt Service— To ensure that the City always meets all of their debt obligations, payments on outstanding debt shall be the highest priority before payment for other capital expenditures. Bond Rating-The Citywill continue to strive to improve its bond rating by improving its financial stability. Debt Capacity - The City strives to maintain adequate available debt capacity for large top priority projects. Bonding Limitations— Direct General Obligation Debt will not exceed 1.5% of assessed value; direct and indirect debt will not exceed 4% of assessed value; duration of the debt will not exceed 15 years. Revenue Debt Covenants—Will be based on the volatility of the revenues. Arbitrage regulations—Will be strictly followed. Special Assessment Guaranty Fund-The City will strive to maintain adequate reserves for retirement of special assessment debt through the maintenance of a special assessment guaranty fund at least 10% of outstanding special assessment debt. Interfund Borrowing - The City will use interfund borrowing where such borrowing is cost effective to both the borrowing and the lending fund, and the funds will not be needed by the loaning fund during the term of the loan. Such borrowing shall implement Council directed policy in a simplified manner, such as borrowing associated with interim financing for local improvement district projects. A repayment plan Exhibit A should be approved along with the loan. The Mayor may approve loans for a term of one year. The Council must approve loans with terms longer than one year. INVESTMENT POLICY Investment Security&Earnings Maximization-An investment policy was implemented per Ordinance #3278 in 1996 which detail the City's investment guidelines. The primary objective is to preserve the principal of the investment portfolio while maximizing the portfolio's return. FINANCIAL REPORTING Reporting frequency — Monthly budget and actual reports will be available to departments and a quarterly report will be presented to the City Council Operations Committee. Annual Report—Will be completed within 180 days. Reporting Improvements-The City will strive to continue to make improvements in its financial reporting scheme so that information available to the public,the City's governing bodies and other city departments is timely and the best available for sound financial decisions. Bondholders'Report— The City will prepare an annual report to bondholders. Full Disclosure—All public reports will contain full and complete disclosure of all material matters. Financial Trend Monitoring - The City will develop a program to evaluate its financial condition and establish a system for correcting any deficiencies noted. Annual Audits - The City will assist the State Auditor's Office in whatever way possible in conjunction with the preparation of the annual audit,and will implement modifications identified bythe State Auditorto improve the City's internal control and financial practices. Updates to these Policies—The Operations Committee of the City Council shall review these policies at least every four years. It is recommended that the review is done biennially during the budget process. Exhibit A ACCOUNTING Generally Accepted Accounting Principles-The City will maintain its position as a leader in producing financial reports in conformance with generally accepted accounting principles and pronouncements by the Governmental Accounting Standards Board. Basis of Accounting - The basis for accounting for the general fund, special revenue, debt service, capital projects and agency funds is modified accrual. Modified accrual recognizes revenues when they become both measurable and available to finance expenditures of the current period. The basis of accounting forthe enterprise, internal service funds and pension trustfund is full accrual. The appropriate basis is used throughout the budgeting, accounting and reporting processes, with few exceptions as noted below. Full accrual is a method of accounting that matches revenues and expenses with the period to which they relate, rather than focusing on actual cash flows. In this method, for example, an asset is depreciated as it is "used up", and the expense is recognized in periodic increments, rather than assuming the asset holds its value until it is actually disposed of. However, since the focus in budgeting is on the revenues and expendable accounts, depreciation and amortization are not considered budgetary accounts, and are excluded from the budgeting system. Likewise, debt service and capital expenditures are presented as the payments occur, departing from GAAP in this regard, in the budget document. Also, Trust and Agency Funds that may not be expended for governmental operations are excluded from this budget document. The presentation of the program budget departs from the basis of the legal budget by eliminating inter city transactions and allocating the net increases or decreases from internal services to the using programs. This is done to give the user a more complete picture of the total costs of the operating programs. Exhibit A BUDGET AND ACCOUNTING STRUCTURE The City of Kent, as all governmental units, operates its budget and accounting system based on a fund structure. Funds are established to segregate specific revenue to ensure their expenditure within applicable legal and contractual provisions. Revenues are allocated to and accounted for in individual funds based on the purposes for which they are to be spent and the means by which the spending activities are to be controlled. The City of Kent operates with seven basic fund types. Within each fund type there may exist one or more individual funds. The City of Kent operates with 26 individual funds. The fund types are listed below under their three major subheadings. FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS GOVERNMENTAL FUNDS General Fund The General Fund is the principal operating The General Fund "buys" services from the fund of the City. It accounts for the financial Internal Service Funds: fuel and rental of resources of the City which are not accounted vehicles from the Equipment Rental Fund; for in any other fund. Principal sources of supplies, postage, photocopy, printing and revenue are property taxes, sales and use graphics, cable TV services, data processing taxes, utility taxes, licenses and permits, state and telephone services from Central Services; shared revenues, charges for services and facility maintenance and operation services interest income. Primary expenditures are for from Facilities; and insurance from the general City administration, police and fire Insurance Fund. Costs are allocated to all protection, engineering and planning services, funds in an effort to distribute accounting, park and street maintenance, and cultural and budgeting, legal and human resource services recreational services. as well as street, engineering and park services. General Fund also transfers funds for minor projects. Special Revenue Funds Special Revenue Funds are used to account for Taxes and grants are collected in the Street specific revenue sources that would otherwise Fund, LEOFF1 Retirees Fund, Lodging Tax be accounted for in the General Fund, but for Fund, Youth Teen Programs Fund, Capital which there exists certain legal restrictions as to Improvement Fund, Criminal Justice Fund, the use of certain revenues. The revenue is Community Development Block Grant Fund, segregated into individual special revenue funds Other Operating Projects Fund, and the Kent to ensure expenditure for a designated purpose. Events Center Operating Fund. Transfers from Principal sources of revenue are: state shared the Street and Capital Improvement Funds are fuel tax, earmarked sales and utility taxes and primarily to the Capital Project Funds or the community development block grant funds. The LTGO Debt Service Fund. major portion of these resources are transferred to other funds for debt retirement, capital acquisition and specific purposes operations. Exhibit A BUDGET AND ACCOUNTING STRUCTURE FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS Debt Service Funds Debt Service Funds are used to account for the The Debt Service Funds receive the transfers accumulation of resources to be used for the from the Special Revenue Funds, Water Fund retirement of general long-term debt. The City and Sewerage Funds to pay principal and has three types of general long-term debt for interest on LTGO debt issues. which resources are accumulated: general obligation long-term debt (voted, general obligation long-term debt and LTGO)and special assessment debt. Sources of revenue to fund the retirement of general obligation long-term debt are property taxes and transfers in from other funds. Special assessments are levied and received to retire special assessment debt. Capital Projects Funds Capital Projects Funds are used to account for Transfers are received from Special Revenue the financing of major one time only capital and other funds as a partial source of funds projects other than those financed by Proprietary needed to complete projects. Funds. Sources of revenue are: proceeds of debt issuance, grants, and transfers from other funds. PROPRIETARY FUNDS Enterprise Funds Enterprise Funds are used to account for the The Enterprise Funds "buy" services from the financing of services provided to the general Equipment Rental Fund for equipment rental and public where all or most of the costs involved are fuel; from the Insurance Fund for insurance paid for by user charges. Operations financed needs; from the Central Service Funds for as enterprise funds are operated in a manner stores, telephone, postage, photocopying, similar to private business enterprises. Kent's printing and graphics, cable TV services, data enterprise funds are funded through water, processing and telecommunications; and from sewer, and drainage utility charges and the Facilities Fund for facility maintenance and recreational charges at the City's golf complex. operation services. The Enterprise Funds also reimburse the General Fund for cost allocations for budgeting,accounting, human resource, legal and engineering costs which relate to Enterprise Funds. Other funds purchase utilities at the same rate as the general public. Exhibit A BUDGET AND ACCOUNTING STRUCTURE FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS Internal Service Funds Internal Service Funds are used to account for Centralizes costs for equipment rental, central the financing of specific services performed by services and insurance. These services are designated organizations within the City for "sold" to other funds at cost plus a reserve for other organizations within the City. The City's future needs. Equipment Rental, Central Service, Facilities Maintenance and Planning, and Insurance Funds provide centrally administered services then generate revenue by billing the organization to which the service is provided. FIDUCIARY FUND TYPES Trust and Agency Funds Trust and Agency Funds are used to account for assets held by the City as trustee or agent for individuals, private organizations or other governmental units. Since their funds are not expendable for City operations they are not included in the budget. However, per state auditor requirements, estimates are provided for their activities. Exhibit A BUDGET AND SPENDING CONTROL SYSTEM Budgets serve as control mechanisms in the operations of governmental units. Legal budgetary (expenditure) control in the City of Kent is maintained at the fund level. Administration can amend budgets, with no overall dollar increase between departments, within a fund. Supplemental appropriations that amend total expenditures, or in the case of Proprietary Funds amend working capital, require a City Council ordinance. All operating budgets lapse at the end of the biennium. Within each year of the biennium, a single year allocation will be adopted and operate as if it were an annual budget. General and Special Revenue Funds control expenditures with a legal biennial budget at the fund level. Debt Service Funds operate under the control of the bond indentures which established them. Capital Projects Funds operate under the control of total project authorization, rather than the annual budget. Proprietary Funds control expenditures with a flexible budget whereby the expenditure increases must be offset by increased resources. Though budgetary control is at the fund level, budget and actual information is maintained by project, organization, program and object. Both budget and actual information is presented on a GAAP basis of accounting, when presented by fund. The City must adopt its biennial budget by December of the preceding fiscal year. This usually follows six months of analysis by staff and City Council. The first step involves the establishment of the baseline revenue budget by the City Council. The second step is to review the City Council Strategic Goals and begin budget development to assist in achieving those goals.Third, undertake a program review to ensure that current program offerings are in agreement with City Council goals and priorities. The emphasis is placed on the General and Special Revenue Funds since the operation of other funds are tied to ordinances, contractual agreements or separately established rate structures. Once the baseline operations have been reviewed and adjusted based on administrative policy, program expansion is included to the level of projected available resources after the establishment of sufficient fund balances. A mid-biennium review is undertaken during the second year of the biennium in which any changes to the initial estimates of revenues and expenditures are to be reviewed. Such changes will be presented by the Mayor and discussed by the City Council. Any agreed upon changes shall be approved with an ordinance adopting changes to the biennial budget. After the preliminary budget document is prepared, the City Council spends approximately one month reviewing it. Public meetings are held to gather public input. When the budget review and final adjustment period is complete a balanced budget as required by state law is adopted by ordinance. After adoption, periodic budget adjustments that affect total fund expenditures are made as approved by City Council, but a final budget adjustment ordinance covering all approved changes is adopted at year end or the beginning of the next biennium. REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other KENT WASHINGTON OPERATIONS COMMITTEE MINUTES May 1, 2012 Committee Members Present: Dennis Higgins, Jamie Perry, Les Thomas, Chair The meeting was called to order by L. Thomas at 4:05 p.m. 1. APPROVAL OF MINUTES DATED APRIL 17, 2012. J. Perry moved to approve the Operations Committee minutes dated April 17, 2012. D. Higgins seconded the motion, which passed 3-0. 2. APPROVAL OF CHECK SUMMARY REPORT DATED APRIL 1 THROUGH APRIL 15, 2012 D. Higgins moved to recommend Council approve the Check Summary Reports dated April 1 through April 15, 2012. J. Perry seconded the motion, which passed 3-0. 3. 2013-14 BIENNIAL BUDGET KICKOFF PREPARATION. (INFORMATION ONLY) Staff is beginning to outline the process for the development of the 2013-14 Biennial Budget. As part of the process, the City Council will hold a Biennial Budget Kickoff Workshop on May 15th. J Hodgson, Chief Administrative Officer, distributed a list of issues for discussion for the Committee's review and priority, including revenue resources and how they are used to forecast. This is the first time a budget kickoff workshop with City Council has been conducted. 4. BUDGET POLICIES UPDATE (INFORMATION ONLY) Council member Jamie Perry has been working with Administration and Finance to review and update the City's budget policies. A draft with proposed changes was distributed to the Committee for review and discussion. A key item as explained by B. Nachlinger is to create two separate reserves in addition to the cash flow reserve of 10%. This will cover any natural disaster, such as a levee breach or extreme snow storm. S. SUMMARY FINANCIAL REPORT AS OF MARCH 31, 2012 (INFORMATION ONLY) Based on information available through March, the ending fund balance is projected to be $1,555,286 or 2.7% of the expenditure budget. Many revenue sources, including utility tax, building permits and plan check fees are showing an improvement over past years. Overall revenues are estimated to end the year very near budget. Highlights include: • Tax revenues, including Sales Tax and Utility Tax, are expected to come in very near budget. • The Washington State budget cut Liquor Excise Tax distributions to local governments for their fiscal year July 2012 thru June 2013. As a result, these revenues are expected to come in about $284,800 under budget; $221 ,000 reflected in the General Fund and $63,800 in Annexation. Staff is currently evaluating options to compensate for the lost revenues. • Building Permits and Plan Check Fees combined thru March are up 42.4% from the same time last year, which continues to be a positive sign. Operations Committee Minutes May 1, 2012 Page: 2 Current projections end the year at about $451,374 or 0.7% below the budget. A continued lag in hiring is expected to contribute towards expenditures coming in below budget. The meeting was adjourned at 4:37 p.m. by L. Thomas. Pamela Clark Operations Committee Secretary ° darks and Human Services rvices MeetingMinutes WAS Hi N...N April 19, 2012 Call to order: Debbie Ranniger called the meeting to order at: 5:08 p.m. Added Item: Public Communication Council Present: Chair Debbie Ranniger, Dana Ralph, Elizabeth Albertson Item No. 1: Minutes of March 15, 2012 Dana Ralph moved to approve the Parks and Human Services meeting minutes dated March 15, 2012. Elizabeth Albertson seconded. The motion passed 3-0. i Public Communications Dave Roe and residents of Panterra Lago, a mobile home park located within the newly annexed Panther Lake neighborhood, attended the meeting to give special thanks to the City of Kent Home Repair team and the Senior Home Repair Program, funded through Community Development Block Grant. Mr. Roe said that all of the 26 residents in the Panterra Lao have been recipients of some type of repair to their homes including: stairs, bathroom flooring, roofs, general plumbing, toilets, and doors. Smoke/carbon monoxide detectors were installed in every home as well. They are very thankful for Darrel Hammack and the crew; Jeff Veach, and Nate Harper, for all of the great work they've done for the residents. Item No. 2: Quota International Donation to Adaptive Recreation - Accent Superintendent of Recreation and Cultural Services Lori Hogan reported that staff within the Adaptive Recreation Division created a cheerleading program for participants to showcase their athleticism and creativity, and to support our Special Olympics sports teams during competitions. The Quota Club's $1,000 donation will enable to group to purchase uniforms, pom- poms, and related supplies. Staff and the cheerleaders plan to attend the May Parks Committee meeting to share highlights of the Adaptive Recreation programs and display the new uniforms. E. Albertson moved to recommend council accept the donation from Quota International of Kent Valley in the amount of $1,000.00 and approve expenditures of funds in the Adaptive Recreation budget. D. Ralph seconded. The motion passed 3-0. Page 1 Item No. 3: National Council on Aging Award - INFO ONLY Lori Hogan and Lea Bishop, Manager of the Kent Senior Activity Center announced that the Kent Senior Activity Center was awarded honorable mention from the National Council on Aging (NCOA) for its "Evening of Jazz and Art in Kent" program. The award was presented on March 28, 2012 as part of NCOA's National Institute of Senior Centers' 2011 Programs of Excellence at the annual NCOA Aging in America Conference in Washington D.C. The annual Kent Jazz and Art Showcase blends the talents of renowned jazz musicians performing on an outdoor stage with an art show by Kent Valley Artists on display inside the senior center. The free event, co-sponsored by the Kent Art's Commission, attracted over 400 multi-generational participants. The first three hundred guests were treated to a free box dinner and dessert provided by a co- sponsoring local retirement facility. This fun and highly entertaining event is an excellent way to introduce the Kent community to their senior center and the myriad of programs and services available. The event is June 28, from 5:00 to 8:00 p.m. at the Senior Center. Lori Hogan complimented Lea Bishop as a noted photographer and wanted to share with the committee that one of Lea's photos was chosen for the cover of the recipients award book. Jeff commended Lea and staff for the many successful programs, and for continually looking for partnerships that are multi-generational. As an example, Program Coordinator Helena Reynolds introduced Ms. Bright, a teacher at Scenic Hill Elementary, who started a knitting program at the school in partnership with the senior knitting group. It began with Ms. Bright's Mom who knits hats for kids in her neighborhood. She and Helena's daughter, a para-educator at Scenic Hill were introduced and the program was born. They connected to the knitting group at the Senior Center and the program grew. The senior knitting group is also a part of the "Knit it All" group that knits hats, gloves, scarves and blankets for the homeless, as well as caps for soldiers to put under their helmets. The program has had quite an impact on the kids and the community and continues to grow. Thank you notes to the knitters from the students at Scenic Hill were shared at the meeting. Item No. 4: First Ouarter Report - INFO ONLY Jeff noted that the first quarter report contains the new, refined report format that focuses on outcomes and measures of programs and services. The intent of the new format is to quantify how much we do, how well we do it and is anyone better off. Future reports will have trend lines to compare statistics to previous years. D. Ranniger asked for numbers to compare with the previous year. Comments from participant's and parents: Recreation Programs: "My daughter has transformed from shy to social and outgoing and enjoying class each week, plus meeting new friends." Page 2 "My child's listening skills improved and the effects extend to our everyday living." After School Programs: "It has made me rethink about people and how they think and act. It gets my mind off of what happened in school." "I have been playing less video games and doing more exercise. Also, I see my friends more often." Senior Center Programs: "I found it has broadened my social life, friendships, travel and activity levels. All in all, I am a healthier person with a good outlook on life." Jeff commended Facilities division for their hard at work on the Municipal Court renovations. The Probation staff have been moved over to their new offices in the court building. Jeff complimented Park Operations and Riverbend staff for their work during and after the ice storm, as well as their cooperative cleanup efforts with Public Works. Jeff explained that the Contributions Report reflects the great support from businesses and the community. During the first quarter of 2012, $20,050.46 was received from donations and in-kind gifts. To highlight one, Allied Waste contributed a total of $5,500.00 throughout the first quarter in support of our 2012 summer events. Jeff offered many thanks to all of our partners. Item No. 5: Division Update: Riverbend Golf Complex - INFO ONLY Parks Director Jeff Watling and Superintendent of the Riverbend Golf Complex Pete Petersen presented a division update on the Riverbend Golf Complex. Jeff said the report will address the number of challenges and impacts to the golf course over the past couple years, and subsequent loss of revenue. It will also show some of the work that has been going on, plus the game plan for next year. National and Regional Golf Trends 2000 -2010: Annual number of rounds of golf played nationwide decreased by 9.5% and an additional decrease from 2010 to 2011. The loss is about three million golfers nationwide. • 2007 -2011: 15-20% decrease in play at typical Western Washington golf course. • Western Washington weather has had a significant impact on the number of rounds played in the last two years. 6 Since 2007, the annual number of rounds played at Riverbend has decreased by 12.7%. Days with Rainfall Weekdays Weekends 2007 95 /36% 35 /33% 2011 141 / 54% 57 / 54% Increases 48% 63% Page 3 Working_Through Challenges at Riverbend • 2008: Green River Levee Improvement Project. • 2009: Well for irrigation water failed. • 2010: Fire Creek Restaurant closed. • 5% admissions tax was placed on green fees. • Internal service fee for Finance and Legal support was re-established. Positive Signs • In 2011, the Riverbend 18-hole golf course was one of very few courses in Western Washington that posted an increase in the number of annual rounds played, as well as an increase in revenue. • Driving range business continued to increase in 2011, resulting in a 13% increase in revenue over the previous year. • The Riverbend Men's Club was able to increase its membership by more than 10% in 2011. • The Riverbend Men's Club has increased from 335 members in 2007 to 594 members in 2011 - a 77% increase. • Innovative Marketing: Riverbend utilizes different means of technology and social media to attract new customers. As noted in the text messaging program, and participation with Golf Now, Groupon, Living Social and Amazon Local - all to promote specials. • Riverbend supports the Douglass Youth Golf Club, four junior golf programs, Greater First Tee of Seattle, Highline Community College Golf Class, Washington State Junior Golf Association and Riverbend is hosting the state championship. 2012 Operations • The golf complex has implemented several operational changes to reduce expenses: - At the driving range and merchandise center, shifts have been combined, resulting in a 40% reduction in staff costs. - At the Par 3 golf course, hours of operation have been modified, resulting in a 5% reduction in staffing costs. - The golf cart lease was extended an additional year rather than leasing new golf carts, resulting in a savings of over $8,000. - An alternative work schedule was developed that reduces overtime. • A plan is being implemented to increase revenue by an additional $120,000 for 2012. Options for Seeking a More Sustainable Future 2013 and Beyond A. Options for seeking a more sustainable future, 2013 and beyond. B. Revise the operational model for Riverbend. C. Recognize the public value and contribute support via the General Fund or Capital Fund. D. Outsource the operation of the golf course. Page 4 D. Ranniger asked about national downward trends and asked for any data available from previous years on cyclical trends. Pete addressed Elizabeth's question about electrical carts. An electrical meter has been installed at the golf course to monitor the electrical power and see if it will accommodate charging energy efficient golf carts in the future. D. Ranniger appreciated the way Pete reported the challenges that Riverbend is going through in a national context. She thanked him for the chronology of the challenges that are unique to Riverbend and the innovative way staff is trying to increase the revenue sources. Jeff Knapp, President of the Riverbend Men's Club read a letter representing the Men's Club. The club is concerned about the possibility of the golf course management being outsourced. They wanted to express their appreciation with the current management. As a result of the successful relationship with Riverbend staff, membership has increased and the Club brings in over $250,000 in revenue annually, despite the economy - not including merchandise center, driving range and restaurant. They would like the Council and staff to reconsider any outsourcing of the operation of the golf course (see attached letter). Larry Tukes, Executive Director of Douglass Youth Program, explained that the youth program was established in 2005 and began their partnership with Riverbend in 2006. The program is dedicated to enriching lives of low income and underprivileged kids. Not only is golf taught, but life skills as well. They work in partnership with the First Tee Program of Greater Seattle and high schools in King and Pierce County. Mr. Tukes spoke of the wonderful relationship with the Riverbend staff. He wanted to thank everyone for their support and the opportunity to participate. In closing, Jeff said that discussion will continue as staff proceeds into the 2013/14 biannual budget process. Item No. 6: Director's Report - INFO ONLY D. Ranniger spoke of three pertinent items that came from the Human Services Commission meeting earlier that day: ® The commission voted to unanimously establish a task force for discussion on the homeless issues in Kent. The members will consist of representation from Human Services agencies, Kent Hope, the Chamber of Commerce and Kent Downtown Partnership. They will participate in establishing deadlines with measurables and bring a recommendation back to Council in May/June. • Discussion also took place on the Community Development Grant (CDBG) application process with specifics to ranking history, criteria, and gaps in service. All of this information is necessary for reviewers to know how agencies can best fulfill those needs. Page 5 i i i ® The last item discussed was changing the human services funding structure. In the past, 1% of the General Fund has been dedicated to funding human services. Unfortunately, the General Fund has been hard hit by the recession. As stated in the Strategic Plan, "Find Sustainable Funding Sources," the Commission suggested changing the 1% funding base for human services to a per capita base, with a small escalator for population growth and reduced funding. The Commissioners voted in favor of the changes. Numbers will be explored and the Commission will review a recommendation in May/June. If approved, it will become part of the 2013/14 budget discussion. Jeff commented on the General Fund impacts from the Regional Fire Authority last year to human services funds. Dana Ralph shared her appreciation for the consistency of per capital funding. i Jeff reported that T-Ball and Toss Ball Jamborees will be held at Service Club Ballfields this weekend. Jamborees for four year olds and Kindergarten age kids are a fun time for spectators. The Parks Citizens Advisory Group will frame a recommendation for reinvesting back into our park system in the next two weeks. Based on priorities and the needs of our aging infrastructure, representatives from the group will present their recommendations at the Council Workshop on May 1. The meeting adjourned at 6:10 p.m. jwi /�etwo� Teri Petrole - Council Committee Secretary i i i Page 6 PUBLIC WORKS COMMITTEE Minutes of Monday, May 7, 2012 COMMITTEE MEMBERS PRESENT: Committee Chair, Elizabeth Albertson, and Committee members, Dana Ralph and Dennis Higgins, were present. The meeting was called to order at 4:04 p.m. Item 1 — Approval of Meeting Minutes Dated April 2, 2012: Ralph MOVED to approve the minutes of April 2, 2012. The motion was SECONDED by Higgins and PASSED 3-0. Item 2 - Approval of Meeting Minutes Dated April 16, 2012: Ralph MOVED to approve the minutes of April 16, 2012. The motion was SECONDED by Higgins and PASSED 3-0. Item 3 — Sales Agreement w/Smith & Loveless, Inc. — Frager Road Pump Station Improvements: Design Engineering Manager, Mark Howlett, presented several photographs of pumps and the pump station sites. He noted that the City has been using Smith & Loveless pumps and motors within its pump stations since the late 1950's and have proven to be long lasting and reliable with a life span of 15 to 20 years. The size of the pump and motors, within the Frager Road pump station, need to be increased to accommodate additional sewer flows; as a result of the elimination, in the coming months, of the Kentview pump station. Higgins MOVED to recommend Council authorize the Mayor to sign a Sales Agreement with Smith & Loveless, Inc. to purchase new pumps and motors for the Frager Road sanitary sewer pump station in an amount not to exceed $ 26,488.00 plus applicable taxes, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Ralph and PASSED 3-0. Item 4 — Consultant Services Agreement/Strickland Heischman & Hoss, Inc. — S. 2281h St. Union Pacific Grade Separation Proiect: Design Engineering Supervisor, Mark Madfai showed a location map and photographs of typical backups and the project area. Madfai explained that in order to construct the overpass at the S. 228th Street/Union Pacific Railroad Crossing the City must mitigate for the loss of driveways associated with raising the roadway. He noted that this appraisal is being performed in order to purchase property that will be used to mitigate for impacts at the two businesses. Councilmembers were given assurance by staff that this item would be handled within the 6 month time period that an appraisal is typically valid for and not be brought back to Committee at a later date. PUBLIC WORKS COMMITTEE Minutes of Monday, May 7, 2012 Ralph MOVED to recommend Council authorize the Mayor to sign the Consultant Services Agreement with Strickland Heischman & Hoss, Inc. to complete appraisals at Cobble Hill LLC and Denver Wholesale Florists in an amount not to exceed $30,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Item 5 —Information Only/International Society of Arboriculture (ISA) Pacific Northwest Education Award: City Engineer, Chad Bieren introduced Vegetation Maintenance Field Supervisor, Scott Schroeder and Parks Director Jeff Watling and congratulated them on receiving the International Society of Arboriculture Pacific Northwest Education Award. Watling noted that staff provides public education for elementary school children in class presentations for 20 minutes about trees and then the classroom has the opportunity to pot a tree, bring it home for a year and then replant it. Victoria Andrews, Parks Special Programs Manager arranges the schedule with the schools, Matt Knox, Environmental Ecologist, orders the trees and Storm Vegetation Supervisor, Scott Schroeder, along with other staff assists the students in planting the trees. It was noted that 2,500 trees and shrubs were planted in 2011; 22,000 in the past 12 years. Councilmembers shared their appreciation of the program and that each of their children had planted trees over the years. Watling noted it is a great partnership that has worked very well for Public Works and Parks. No Motion Required/Information Only Item 6 —Information Only/Green River Natural Resources Area — Update: Environmental Ecologist, Matt Knox gave an informative PowerPoint presentation on the progress to date of the Green River Natural Resources Area (GRNRA), a 304 acre facility which provides flood control, stormwater treatment, passive recreation and wildlife habitat near the Green River. He noted that the site was a former sewage lagoon and was purchased by the City in 1994. Specific information was presented on the following: • The critical flood abatement and water quality functions provided by the facility; • 2012 volunteer efforts to help staff meet requirements and improve habitat; • The Landscape and Habitat Master Plans and Resource Monitoring Plan; • Progress to date on meeting landscaping, water quality and habitat requirements; • Plans for a future watershed discovery center. No Motion Required/Information Only PUBLIC WORKS COMMITTEE Minutes of Monday, May 7, 2012 Item 7 - Information Only/Freight Mobility - Update: City Engineer, Chad Bieren stated that at a meeting on April 17, the Freight Mobility Investment Board's (FMSIB) Executive Director, Karen Schmidt, asked the Mayor and Public Works staff if we are moving forward with the railroad grade separation projects. This meeting was a follow-up to a February 13, 2012 letter from FMSIB asking about the City's intention to complete these projects. The letter also asked for a funding plan and schedule if the City planned on moving ahead with construction. After discussing the City's current financial position, it was determined that FMSIB could continue to program funding for all five projects based on the following construction schedule: Project Construct During State Biennium S. 228th Street/Union Pacific Construct 2013 - 2015 S. 212th Street/Burlington Northern Construct 2015 - 2017 S.212th Street/Union Pacific Construct 2017 - 2019 Willis Street/Burlington Northern Deferred List Willis Street/Union Pacific Deferred List This construction schedule would be dependent on the City's ability to secure grant funding to complete the S. 228th and S. 212th Street projects. If funds cannot be secured in time, these projects would be added to the FMSIB Deferred Projects list. Projects can be moved back to "active" status from the deferred list if they have a complete funding package. No Motion Required/Information Only Added Items: Committee member Dennis Higgins - Ad hoc Committee Meeting Higgins stated that last week at the Council Workshop they heard from both the Transportation Advisory Committee and the Parks Citizens Committees. Several recommendations were made that Council now needs to consider. The Ad hoc Committee will be lead by Dennis Higgins, as the Council President, Dana Ralph as a member of the Parks Committee and Elizabeth Albertson as the Chair of the Public Works Committee. The first series of the Combined Advisory Committees will be on May 14, 2012 tentatively set for 3:00 p.m., 4th floor conference room 402 to discuss infrastructure needs and funding options. Members from both the Transportation and Parks Advisory Committees are invited to participate. A public notice will be sent out advising of the special meeting. Subsequent meetings will be schedule at the May 14 meeting. PUBLIC WORKS COMMITTEE Minutes of Monday, May 7, 2012 LID 363 Update - City Engineer, Chad Bieren noted that the Final Assessment Hearing for Local Improvement District 363 has been postponed due to appraisals of property that are in need of further work. A notice will be sent out to the property owners affected by the LID. Once a new date has been set another notice will be sent out. The meeting was adjourned at 4:55 p.m. Cheryl Viseth Council Committee Recorder EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION