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City Council Meeting - Council - Agenda - 07/03/2012
CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. July 3, 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 July 3, 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 ********************************************************************** SPECIAL COUNCIL WORKSHOP AGENDA 5:00 p.m. Item Description Speaker Time 1. Infrastructure Funding Dennis Higgins 80 minutes 2. Intergovernmental Issues Michelle Wilmot 10 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. South Sudan Independence Day Proclamation 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Fiber Community Connectivity Consortium Resolution - Adopt D. Earth Corps Services Grant Agreement - Authorize E. Lake Fenwick Project Agreement Amendment - Authorize F. Wilson Playfield Project Agreement - Authorize G. King County Flood Control District Subregional Opportunity Fund - Accept (Continued) COUNCIL MEETING AGENDA CONTINUED H. Bridge Inspection Agreement — Authorize I. Goods and Services Agreement for Two Generators — Authorize J. Materials Testing & Inspection Contract-Boeing Levee — Authorize K. LID 363 Final Assessment Roll — Set Public Hearing Date S. OTHER BUSINESS 9. BIDS A. Meridian Valley Creek Enhancements B. Central Avenue South Storm Water Forcemain Phase II 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Pending Litigation B. 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. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. w m O W W Ot O T v U C_ O O T C J w i 3 Ot y 10 C m J 0 J V V m m ._ O C w v i N O a V m o p L N w 0 w V C U !' 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C C w m W co p �1 .m, ti 3 s 3 E .w, $ {A m v, 3 aw v .ap�, w �„ w °_a w Gi �' `o r U)i . 0 `m -mo 3 °-o 0 0 °�' ni Y .E m w G C N w W C O O w Z m O1i L m W rz O c z co 10 0 w C i 6 w N O d O V a H j W G` Y O O D • N O O v A E m 0 •Y T 3 m C �. w w L � O ` v 0 6 L N FLU U +' w UZw >� CUVOwco V) v 0 a— 6 a K U) V m Q V > 4 a QF3 m0 Q mU �l l� ti COUNCIL WORKSHOP 1) Infrastructure Funding 2) Intergovernmental Issues 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) South Sudan Independence Day Proclamation 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 K. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of June 19, 2012. 7B. Approval of Bills. Approval of payment of the bills received through May 31 and paid on May 31 after auditing by the Operations Committee on June 19, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 5/31/12 Wire Transfers 5078-5090 $1,607,121.39 5/31/12 Regular Checks 663604-664149 3,603,151.60 5/31/12 Use Tax Payable 7,371.19 $5,217,644.18 y RCN i Kent City Council Meeting June 19, 2012 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Higgins, Perry, Ralph, Ranniger, and Thomas. Councilmember Boyce was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) The Council President added Consent Calendar Item M, removed Consent Calendar Item L and sent it back to committee, and moved Consent Calendar Item E to Other Business. B. From the Public. (CFN-198) No changes were made by the public. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Mayor Cooke read a letter from local business owner Tom Barghausen commending Senior Development Engineer Ozzie Carrasquilla for his exceptional customer service. Dave Mortenson reported on the success of the recent International Festival, Cheryl dos Remedios presented a brief video on hunger, Council member Perry announced an award recently presented to her husband Matt Perry, and Council members commended various school teams and players on their accomplishments. B. Community Events. (CFN-198) Albertson outlined upcoming events including the Independence Day Splash event at Lake Meridian Park, and Council President Higgins announced upcoming events at ShoWare Center. C. Proclamation — Juneteenth Day. (CFN-155) Mayor Cooke read a proclamation relating to the Emancipation Proclamation, emphasized the significance of the Juneteenth celebration in African-American history and in the heritage of the nation and the City of Kent, and declared June 19, 2012 Juneteenth in the City of Kent. Gwen Allen Carston, President of the Kent Black Action Commission, introduced other members of KBAC, accepted the proclamation, and expressed her appreciation. D. Public Safety Report. (CFN-122) Assistant Police Chief Randy Bourne gave an update of the monthly crime statistics and spoke about the upcoming Fourth of July events and safety issues. PUBLIC HEARINGS A. Six-Year Transportation Improvement Program. (CFN-164) Transportation Engineering Manager Steve Mullen explained that the Six-Year Transportation Improvement Program represents the City's proposed transportation improvement work program for the next six years. He noted that including projects in the TIP allows the City to begin looking for funding partners and apply for grants. He explained the projects which were added this year and responded to questions from Council members. 1 Kent City Council Minutes June 19, 2012 Public Works Director LaPorte then reported on projects which have been on the TIP for several years and for which grant funds were received. Mayor Cooke opened the public hearing. Ella LaVoie, 25213 132nd Avenue SE, member of Brownie Girl Scout Troop #42290, told the Council that there is no sidewalk on one side of the street where children walk to and from the bus stop, and that it is very unsafe and scary. Ranniger suggested doing something about this problem right away, and LaPorte said staff will look into the matter. Perry moved to make the letter from the Brownie Girl Scout Troop a part of the record. Thomas seconded and the motion carried. There were no further comments and Higgins moved to close the public hearing. Thomas seconded and the motion carried. Albertson moved to adopt Resolution No. 1860 approving the 2013-2018 Six-Year Transportation Improvement Program. Higgins seconded and the motion carried. PUBLIC COMMENT A. Leaislative Intern. (CFN-198) Alex Clark, Legislative Intern in King County Council member Julia Patterson's office, introduced himself and asked the Mayor and Council to contact him if there are any Kent issues Council member Patterson can assist with. B. Juneteenth. (CFN-155) Gwen Allen Carston, 24914 109th Place SE, announced a Juneteeth family reunion picnic on June 24, 2012, and invited interested persons to attend. Linda Sweezer, 23243 105th Avenue SE, described the celebration and asked for help funding the dinner. CONSENT CALENDAR Higgins moved to approve Consent Calendar Items A through M, with the exception of Items E, which was moved to Other Business as item A, and L, which was removed from the agenda. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of June 5, 2012, and Council Retreat minutes of June 1, 2012, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through May 15 and paid on May 15 after auditing by the Operations Committee on June 5, 2012, was approved. Checks issued for vouchers were approved: Date Check Numbers Amount 5/15/12 Wire Transfers 5056-5077 $1,879,812.59 5/15/12 Regular Checks 663183-663603 1,568,613.63 Void Checks 663433 (681.16) 5/15/12 Use Tax Payable 5,461.65 $3,453,206.71 2 Kent City Council Minutes June 19, 2012 Checks issued for payroll for May 1 through May 15 and paid on May 20, 2012, were approved: Date Check Numbers Amount 5/20/12 Checks 327635-327846 $ 119,895.61 5/20/12 Advices 298667-299311 1,205,353.04 $1,325,248.65 Checks issued for payroll for May 16 through May 31 and paid on June 5, 2012, were approved: Date Check Numbers Amount 6/5/12 Checks 327847-328046 $ 120,986.87 6/5/12 Advices 299312-299958 1,232,974.09 $1,353,960.96 C. 2012 Environmental Protection Agency Brownfield Grants. (CFN-825) The Mayor was authorized to accept the Environmental Protection Agency (EPA) grants in the amount of $400,000, amend the budget and authorize expenditure of the funds in accordance with the grant terms and conditions, subject to approval of final terms and conditions acceptable to the Economic and Community Development Director and City Attorney. D. Downtown Strategic Action Plan, Planning Principles. (CFN-462) The planning principles for the update of the 2005 Downtown Strategic Action Plan, were approved. F. King County Animal Services Agreement. (CFN-118) The Mayor was authorized to sign the animal services interlocal agreement with King County, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. G. 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 $6,150, and amendment of the budget and expenditure of the funds in accordance with the grant terms and conditions were authorized, subject to approval of final terms and conditions acceptable to the Police Chief and City Attorney. H. Washington State Patrol Sector Service Level Agreement. (CFN-122) The Police Chief was authorized to sign the SECTOR Service Level Agreement with Washington State Patrol, subject to final terms and conditions acceptable to the Police Chief and City Attorney. I. Downey Farmstead Restoration Consultant Contract. (CFN-1038) The Mayor was authorized to sign the consultant services agreement with Herrera Environmental Consultants in an amount not to exceed $232,780, for final design of the Downey Farmstead Restoration Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 3 Kent City Council Minutes June 19, 2012 J. Cooperative Aareement with the Kina County Flood Control District for Completion of Emeraencv Flood Protection Measures. (CFN-1038) The Mayor was authorized to sign the cooperative agreement for completion of Emergency Flood Protection Measures with the King County Flood Control District, subject to final terms and conditions acceptable to the Public Works Director and the City Attorney. K. Washington State Parks and Recreation Boating Safety Program Award. (CFN-122) The grant from the Washington State Parks and Recreation Commission in the amount of $19,045 was accepted, and amendment of the budget and expenditure of the funds in accordance with the grant terms and conditions were authorized, subject to approval of final terms and conditions acceptable to the Police Chief and City Attorney. REMOVED L. Daliit Cove Off-Site Sewer Bill of Sale. (CFN-484) This item was removed from the Council agenda and sent to the Public Works Committee. ADDED M. Council Absence. (CFN-198) An excused absence from tonight's meeting for Council member Bill Boyce was approved. OTHER BUSINESS A. Consolidating Budget Adiustment Ordinance. (CFN-186) Finance Director Nachlinger explained that this ordinance consolidates all actions taken by the Council, and that it is done every six months. He added that it results in a net reduction in the budget of $488,000. At Ralph's request, he explained that funds which were pre- viously set aside for street overlays and technology went to pay debt service, per the financial policies recently adopted, since debt service is first. Higgins moved to adopt Ordinance No. 4038 approving the consolidating budget adjustments made between July 1, 2011, and December 31, 2011, reflecting an over budget increase of $9,968,168. Thomas seconded and the motion carried. B. Central Avenue South Storm Water Forcemain Phase I. (CFN-117) Public Works Director LaPorte explained that this project will help alleviate local flooding at James Street and Central Avenue, once all phases are constructed. He noted that a change order to Phase I was proposed at the Public Works Committee meeting last night, to install the forecemain near the Mill Creek Middle School this summer, so as to minimize impact to the school, the creek and the environment. He explained the project, displayed maps and photographs, and said it could be finished before the start of school in the fall. Based on the public safety issues described by staff, Albertson moved to authorize the Mayor to order construction of the Central Avenue Forcemain work as soon as practical, by change order or otherwise, to avoid potentially damaging effects to the public that likely will be avoided by construction earlier in the year. Ralph seconded and the motion carried. 4 Kent City Council Minutes June 19, 2012 BIDS A. Green River Levee Flood Protection Larae Super Sack Removal. (CFN-1318) Public Works Director LaPorte explained that repairs to the Howard Hanson Dam have been completed, allowing for the removal of the giant sandbags from levees and recreational trails in Kent. He noted that bids were opened in May, but that errors occurred and the project was rebid and the bid opening is now scheduled for June 25. Due to time constraints, he requested authorization for the Mayor to sign a contract before the bid opening, noting that it will expedite the contract process, removal of the sandbags, and reopening of the trails. Higgins agreed that timeliness is an issue, and emphasized that the public is protected from any excessive bids. Albertson moved to authorize the Mayor to sign a contract up to a maximum of $1,600,986, to remove flood protection measures related to the Howard Hanson Dam repairs, subject to terms and conditions acceptable to the Public Works Director and the City Attorney. Higgins seconded and motion carried. REPORTS A. Council President. (CFN-198) Higgins reported on discussions held at the workshop, noting that a recommendation on infrastructure issues is expected after their final meeting on June 25. B. Mayor. (CFN-198) Mayor Cooke announced that she has signed a proclamation recognizing World Refugee Day, and that the City is looking into the Lean program of better serving the public. C. Administration. (CFN-198) Hodgson noted a 5-minute executive session to discuss pending litigation. The City Attorney clarified that the original hearing on the LID 363 final assessment roll was scheduled for May 14, but was rescheduled to July 25. He added that a motion to affirm that change will appear on the July 3 agenda. D. Economic & Community Development Committee. (CFN-198) Perry outlined highlights of their most recent meeting, and mentioned the opening of a new business called Sweet Themes. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be on Thursday, June 21, and that they will be discussing human services funding strategies. G. Public Safety Committee. (CFN-198) No report was given. H. Public Works Committee. (CFN-198) Albertson said the committee will not meet on July 2, will have their regular meeting on July 16, will have a special meeting on July 23, and will meet as a Board of Equalization for LID 363 on July 25. 5 Kent City Council Minutes June 19, 2012 I. Regional Fire Authority. (CFN-198) Thomas noted that tomorrow's meeting has been cancelled and that the next meeting will be on June 27 at 5:30. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:45 and reconvened at 8:53 p.m. ADJOURNMENT The meeting adjourned at 8:53 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 6 �✓ KE O T W Rn!i H�N(i T(YH Kent City Council Special Workshop June 19, 2012 5:00 p.m. Council members present: Albertson, Higgins, Perry, Ralph, Ranniger (who arrived at 5:50 p.m.), and Thomas The special meeting was called to order at 5:00 p.m. by Council President Higgins. Infrastructure Fundina. Finance Director Nachlinger outlined available infrastructure funding options including General Obligation Bonds, Levy Lid Lift, Revenue Generating Business License, License Plate Fee, Sales Tax for Transportation, and Business and Occupation Tax. The Council had a lengthy discussion of these options, and of other funding needs. Council President Higgins noted that the Ad Hoc Committee will meet on June 25, at which time they will come up with recommendations for the Council. Interaovernmental Issues. Michelle Wilmot distributed copies of an Emergency Management Performance Grand Funding Allocation Information Paper, and explained that the State Emergency Management Division is attempting to change their way of distributing grant funds. After a brief discussion, she agreed to keep the Council updated on this issue. Council members then reported on regional meetings they have recently attended. The meeting adjourned at 6:35 p.m. Brenda Jacober, CMC City Clerk KENT Agenda Item: Consent Calendar — 7C TO: City Council DATE: July 3, 2012 SUBJECT: Fiber Community Connectivity Consortium Resolution — Adopt MOTION: Adopt Resolution No. , acknowledging the formation of the Community Connectivity Consortium and its charter and authorizing the Mayor to sign all necessary documents to enter into an interlocal agreement between the city of Kent and other government agencies for the construction and management of fiber optic projects, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. SUMMARY: In support of the Council's strategic goal to "Create Connections for People and Places," city staff is advocating the adoption of a resolution to join the Community Connectivity Consortium (CCC) and authorize the Mayor to enter into an interlocal agreement for the construction and management of fiber optic projects. The Consortium seeks to leverage the collective interest of municipalities that stretch from Bellevue and Kirkland to Puyallup and Tacoma. Its primary purpose is to connect government agencies, educational institutions and technology-based businesses through joint fiber projects. As a tangible example of our increasing desire to look for innovative, collaborative and mutually beneficial partnerships that connect our community, the consortium presents itself as a potential cornerstone to the Council's related strategic goal. EXHIBITS: Resolution, Exhibits A, B, & C and Community Connectivity Consortium Fast Facts RECOMMENDED BY: Operation Committee BUDGET IMPACTS: No direct budget impacts are anticipated. RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, acknowledging the formation of the Community Connectivity Consortium, a public corporation, authorizing the city of Kent to enter into an interlocal agreement establishing the Community Connectivity Consortium between the city of Kent and other government agencies for the construction and management of fiber optic projects, and approving the charter of the Community Connectivity Consortium. RECITALS A. By Resolution No. 1823, the city council of the city of Kent authorized the mayor to execute an agreement to join the Regional Fiber Consortium, the purpose of which is to construct and operate regional fiber optic facilities. B. At the time of the authorization, the format of the Regional Fiber Consortium was being modified and new members were being added. C. The city of Kent elected to wait for the final format before joining the Regional Fiber Consortium. 1 Community Connectivity Consortium Resolution D. The current members of the Regional Fiber Consortium, along with new local government agencies, wish to establish a public corporation called the Community Connectivity Consortium ("Consortium") and enter into a new interlocal agreement that updates and streamlines the Consortium's policies and procedures. E. Chapter 39.34 RCW authorizes the city of Kent to enter into an interlocal cooperation agreement to perform any governmental service, activity, or undertaking that each contracting party is authorized by law to perform and RCWs 35.21.730 through 35.21.759 authorize the formation of a public corporation. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, The mayor of the city of Kent is authorized by this resolution to execute on behalf of the city of Kent an interlocal agreement substantially similar to that attached as Exhibit A, which is titled "Interlocal Agreement Establishing the Community Connectivity Consortium." SECT%ON 2. The city council of the city of Kent acknowledges the creation of a public authority by the City of Kirkland to be designated as the Community Connectivity Consortium ("Consortium"). The purpose of the Consortium is to acquire, construct, operate, manage, and maintain a regional communications network that meets the needs of community institutions, including but not limited to government agencies, hospitals, schools, and universities. The charter for the Consortium, along the with bylaws of the Consortium, are attached as Exhibits S and C. 2 Community Connectivity Consortium Resolution SECTION 3, The Consortium is an independent legal entity exclusively responsible for its own debts, obligations and liabilities. All liabilities incurred by the Consortium shall be satisfied exclusively from the assets and credit of the Consortium. No creditor or other person shall have any recourse to the assets, credit, or services of the city of Kent on account of any debts, obligations, liabilities, acts, or omissions of the Consortium. SECTION 4, - 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 5. - 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 3 Community Connectivity Consortium Resolution II 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 P:1Civi1MR IUDo%Ommunrty Cono vity Consortium Resolution door 4 Community Connectivity Consortium Resolution ,EXHIBIT A INTERLOCAL AGREEMENT ESTABLISHING THE COMMUNITY CONNECTIVITY CONSORTIUM THIS AGREEMENT ("Agreement') is entered into among the following public agencies organized under the laws of the State of Washington, hereinafter referred to as the "Members" which are parties signatory to this Agreement: (1) City of Bellevue; (2) City of Kirkland; (3) Lake Washington School District; (4) University of Washington; (5) Bellevue College; (6) Bellevue School District; (7) King County Public Hospital District No. 2 d/b/a Evergreen Healthcare; (8) City of Federal Way; (9) City of Renton; (10) Renton School District; (11) City of Seattle; (12) City of Algona; (13) City of Auburn; (14) City of Kent; (15) City of Pacific; (16) City of Puyallup; (17) City of Tukwila; (18) Valley Communications Center (collectively, the "Parties"). This Agreement shall take effect upon the signature of nine (9) or more of the Parties to this Agreement. This AGREEMENT replaces the previous Interlocal Agreement: General Terms and Conditions for Sharing Fiber Optic Installation Projects, which took effect on December 6, 2003 ("Fiber Interlocal'), except for the limited purposes set forth in Section 5 of this Agreement. This Agreement is being made pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, and pursuant to the authority granted for formation of public corporations in RCW 35.21.730 through 35.21.759, and has been authorized by the legislative body of each jurisdiction signing this Agreement. RECITALS Whereas the University of Washington, Lake Washington School District, City of Kirkland and City of Bellevue signed Interlocal Agreement: General Terms and Conditions for Sharing Fiber Optic Installation Projects, effective December 6, 2003 ("Fiber Interlocal") for the purpose of outlining how the parties will work together on fiber optic projects for the benefits of all the participating parties and established the original backbone of the Fiber Consortium network through contributions of budget, fiber assets, conduit, right of way and staff expertise; and Whereas Evergreen Healthcare, Bellevue School District, City of Renton, Renton School District, Bellevue College, City of Seattle and City of Federal Way have signed the Fiber Interlocal and the joining amendments were fully executed by the participating parties; and Whereas all projects to be completed under the Fiber Interlocal were required to have a Fiber Optic Project Agreement signed by all participating parties specifying lead agency and participant roles, project schedule, budget, route, fiber allocation and ownership, points of demarcation, maintenance responsibilities, and other details of each project; and Consortium Interlocal Final Page 1 of 8 Whereas projects completed under a Fiber Optic Project Agreement defines the Fiber Consortium network, which is separate from each participating parties' networks unless transfers of a party's fiber assets were executed through a Fiber Optic Project Agreement; and Whereas the growing Fiber Consortium network with additional agencies in the process. of joining and executing more projects has become cumbersome to manage under the current structure. The City of Algona, City of Auburn, City of Kent, City of Pacific, City of Puyallup, City of Tukwila, and Valley Communication Center have approved joining the Consortium and executed a joining Fiber Optic Agreement; and Whereas the members of the Fiber Consortium network are seeking grant opportunities to fund expansion to serve members' needs and has been successful in recent grant programs and thus the fiscal, administrative and project oversight responsibilities require more structure; and Whereas the forming of this Consortium pursuant to RCW 39.34.030 and RCW 35,21.730 through 35.21.759 will provide the additional structure that is required; and Whereas the rights established for each participant in each Fiber Optic Project Agreement shall not terminate with the replacement of the Fiber Interlocal. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: I. ESTABLISHMENT OF THE CONSORTIUM The purpose of this Agreement is to create the Community Connectivity Consortium ("Consortium"). The Consortium shall be created as a separate legal entity as authorized by RCW 39.34.030 and shall be a public corporation pursuant to RCW 35.21.730 through 35.21.759. Upon approval and execution of this Agreement and approval of the form of the Consortium Charter by nine (9) members, the Consortium Charter shall be adopted by Ordinance by the City of Kirkland and then executed and issued by the City of Kirkland. II. PURPOSE The mission of the Consortium is to create a vibrant and competitive region by providing connectivity services to meet the needs of our community institutions— hospitals, universities, schools and government agencies. The Consortium shall have the following purposes: A. Create a regionally coordinated, open-access network that leverages the assets and resources of the members using strategic opportunities to provide low-cost, stable, robust, efficient connectivity services to members and their communities. Consortium Interlocal Final Page 2 of 8 B. Ensure the network infrastructure remains free of encumbrance and can be used for innovative opportunities by members. C. Develop and enhance working relationships among members and explore ways to the use the network collaboratively to make our community a better place to live, work and play by sharing risks and rewards equitably. D. Explore public/private partnerships to the benefit of the members and member communities. E. Achieve economies of scale through collaboration and coordination of projects and investments. F. Balance current needs with future needs in decision making to achieve lower long-term costs. III. PARTIES TO AGREEMENT Each Party to this Agreement certifies that it intends to and does contract with all other Parties who are signatories of this Agreement and, in addition, with such other Parties as may later be added to and become signatories of this Agreement. Each current and all future signatories to this Agreement shall be considered Parties hereto so long as the signatory is a Voting Member of the Consortium. IV. MEMBERSHIP/MEETINGS Membership in the Consortium shall be limited to government agencies authorized to become signatories to an Interlocal Agreement as authorized by RCW 39.34.030, and who contribute assets, resources, and/or shared services for the benefit of Members. The addition of new Members shall be subject to the approval of a simple majority of the Consortium Board, as established by the Consortium, to manage its operations. V. GENERAL PROVISIONS A. Duration: This Agreement shall commence upon full execution and continue to remain in existence as long as it has Consortium Members. B. Work Prod uct/Confidentiality: All work product including records, data, information, documents, files, designs, sketches, finished or unfinished documents or other documents, material or data produced in performance of this Agreement shall become the property of the Consortium. All such work product shall be kept confidential by all of the Consortium Members and the Member's employees and agents and shall not be made available to any individual or organization by any Consortium Member without the prior written consent of the Consortium Board or unless required pursuant to court order, the Public Disclosure Act RCW 42.56 or other applicable law. Consortium Interlocal Final Page 3 of 8 C. Termination: Upon 180 days written notice by a Consortium Member, this Agreement may be terminated and/or dissolved by a vote of% of the voting Consortium members at the next Consortium annual meeting. In the event this Agreement is terminated and/or dissolved, assets shall be distributed by the Consortium Board among Consortium Members after paying or making provisions for the payment of all debts, obligations, liabilities, costs and expenses of the Consortium. The distribution shall be based on the following: 1. Non-cash assets contributed without charge by a Consortium member shall revert to the contributor. If the contributor is no longer a member, then the asset shall be treated as if it was acquired with Consortium funds. 2. The Consortium Board shall conduct a valuation of all remaining assets. Assets acquired, using Consortium funds, after the effective date of this Agreement shall be sold by the Consortium Board, if appropriate, and the money or asset value distributed to those members still participating in the Consortium on the day prior to the termination date. The distribution shall be apportioned by taking the percentage that a Member has contributed to the total Consortium budget over the existence of this Agreement and applying that percentage to the remainder of the assets, resulting in the amount each Member shall receive upon distribution. Assets acquired after the effective date of this Agreement by the Consortium via grant funds shall be distributed in accordance with the terms of the grant and if no such provision exists in the grant, then distributions shall be in accordance with the terms of this Agreement. A Member can elect to take an asset in lieu of money. If the Consortium Board is unable to fulfill these duties, any such asset not so disposed of may be disposed of by a Court of Competent Jurisdiction of the county in which the principal office of the Consortium is then located. D. Miscellaneous: This Agreement constitutes the entire agreement of the parties. No provision of the Agreement may be amended or modified except by written agreement signed by at least 3/4 of all Voting Members. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest and assigns. This Agreement does not confer upon any persons other than the current and all future Parties any rights or remedies under this Agreement. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. The venue for any dispute related to this Agreement shall be King County, Washington. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. This Agreement may be executed in counterparts. Consortium Interlocal Final Page 4 of 8 This Agreement has been executed by each party on the date set forth below: CITY OF BELLEVUE CITY OF KIRKLAND By: By: Its: Its: Date: Date: Approved as to form: Approved as to form: LAKE WASHINGTON SCHOOL UNIVERSITY OF WASHINGTON DISTRICT NO. 414 By: By: Its: Its: Date: Date: Approved as to form: Approved as to form: Consortium Interlocal Final Page 5 of 8 BELLEVUE COLLEGE BELLEVUE SCHOOL DISTRICT NO. 405 By: By: Its: Its: Date: Date: Approved as to form: Approved as to form: KING COUNTY PUBLIC HOSPITAL CITY OF FEDERAL WAY DISTRICT NO. 2 d/b/a Evergreen Healthcare By: Its: By: Its: Date: Date: Approved as to form: Approved as to form: CITY OF RENTON RENTON SCHOOL DISTRICT NO. 403 By: By: Its: Its: Date: Date: Approved as to form: Approved as to form: Consortium Interlocal Final Page 6 of 8 CITY OF SEATTLE CITY OF ALGONA By: By: Its: Its: Date: Date: Approved as to form: Approved as to form: CITY OF AUBURN CITY OF KENT By: By: Its: Its: Date: Date: Approved as to form: Approved as to form: CITY OF PACIFIC CITY OF PUYALLUP By: By: Its: Its: Date: Date: Approved as to form: Approved as to form: Consortium Interlocal Final Page 7 of 8 CITY OF TUKWILA VALLEY COMMUNICATIONS CENTER By: By: Its: Its: Date: Date: Approved as to form: Approved as to form: Consortium Inter) cal Fnal Page 8 of 8 EXHIBIT B CHARTER OF THE COMMUNITY CONNECTIVITY CONSORTIUM, A WASHINGTON PUBLIC CORPORATION ARTICLE I NAME AND SEAL The name of this corporation shall be the"Community Connectivity Consortium" ("Consortium'). The corporate seal of the Consortium shall be a circle with the name of the Consortium and the word "SEAL"inscribed therein. ARTICLE II AUTHORITY FOR CONSORTIUM; LIMIT ON LIABILITY Section 1. Authority. The Consortium is a public corporation organized pursuant to Revised Code of Washington ("RCW'j 35.21.730 through 35.21.759, as the same now exist or may hereafter be amended, or any successor act or acts (the"Act'), Ordinance No. _of the City of Kirkland, passed on 2011 and the Interlocal Agreement Establishing the Community Connectivity Consortium adopted and approved by Consortium Members, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference ("Interlocal Agreement'. Section 2. Limitation on Liability. All liabilities incurred by the Consortium shall be satisfied (a) in the case of obligations or liabilities of the Consortium which are not limited recourse in nature, exclusively from the assets, credit, and properties of the Authority, or (b) in the case of obligations or liabilities of the Authority which, by their terms, are limited recourse obligations, from such assets, properties or revenue of the Authority as shall be specifically pledged thereto or otherwise identified as being the source of payment of such limited recourse obligations or liabilities, and no creditor or other person shall have any right of action against or recourse to Consortium Members, their assets, credit or services on account of any debts, obligations, liabilities or acts or omissions of the Consortium. Section 3. Liability of Consortium and Consortium Members. The following disclaimer shall be printed or stamped on all contracts or other documents that may entail any debt or liability by the Consortium: The Community Connectivity Consortium ("Consortium') is a public corporation organized pursuant to the ordinances and approvals of the Consortium Members and RCW 35.21.730 through 35.21.759 and RCW Chapter 39.34. RCW 35.21.750 provides as follows: "[A]II liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission, or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." In no event shall the obligations of the Consortium be payable by recourse against any properties, assets or revenues of the Consortium Members, the State of Washington or any other political subdivision of the State of Washington. No person to whom such obligations are owed shall have any recourse or right of action against the Consortium Members, the State of Washington or any other political subdivision thereof on account of such obligations. Any of the Consortium Members may, by ordinance or contract or pursuant to interlocal agreement, agree to pay (on a contingent basis or otherwise) all or any portion of the obligations of the Authority; however, (1) no Member shall be obligated beyond the proportion of sum specified by ordinance or contract; and (2) no Member shall be obligated, directly or indirectly for the obligations of another Member. ARTICLE III DURATION The duration of the Consortium shall be perpetual except as provided in the Interlocal Agreement. ARTICLE IV PURPOSE The purpose of the Consortium is to acquire, construct, operate, manage and maintain a regional communications network that meets the needs of community institutions, including but not limited to government agencies, hospitals, schools and universities. ARTICLE V POWERS The Consortium shall have and may exercise all lawful powers conferred by state laws, the Interlocal Agreement, this Charter and its Bylaws that are consistent with the purpose of the Consortium. The Consortium in all of its activities and transactions shall be subject to the powers, procedures, and limitations contained in the Interlocal Agreement, this Charter and the Bylaws. ARTICLE VI CONSORTIUM MEETINGS AND BOARD RESPONSIBILITIES Section 1. Consortium Initial Meeting. Upon issuance of this Charter, there shall be an initial meeting of Consortium Members within 60 days. At the initial meeting, Consortium Members shall adopt the Consortium's Bylaws and elect the Consortium Board. The Bylaws shall be approved and a Board member shall be deemed elected to the Board if they receive a majority vote of all Consortium Members with voting member status. Thereafter, the Board shall manage and oversee the Consortium's activities, in accordance with the Interlocal Agreement. Section 2. Board Meetings and Membership Meetings. The Board shall meet as necessary to oversee the operations of the Consortium. After the initial meeting, the Consortium Members shall meet no less than once per year. To the extent required by law, notice of Consortium meetings shall be given in a manner consistent with RCW Chapter 42.30, the Open Public Meetings Act. Section 3. Board Composition, Powers and Responsibilities. -A. Composition. The composition of the Consortium Board shall be set forth in the Consortium Bylaws, provided that the composition of the Consortium Board may not be changed without the approval of 75% or more of the Voting Members of the Consortium. The Consortium Board shall recommend a representative composition of the Board at the Annual Meeting. B. Consortium Board Terms. The Consortium Board terms shall be set forth in the Consortium Bylaws. C. Powers. The Consortium Board shall govern the Consortium. The powers of the Consortium Board shall be to: (1) develop and recommend the Consortium's Bylaws for approval by the Consortium Members; (2) create Consortium work programs; (3) determine services to be provided; (4) develop an annual budget for adoption by Consortium Members; (5) review and propose a membership policy; (6) recommend a fee policy for approval by the Consortium Members; (7) make purchases or contract for services to accomplish the purposes of the Consortium; (8) enter into agreements with third parties for goods and services as necessary to carry out the Consortium's purposes; (9) hire staff, consultants or private vendors as necessary; (10) identify and contract for the services of Fiscal Agent for the purposes of carrying out and recording Consortium financial transactions; (11) approve expenditures of funds; and (12) conduct any and all other business allowed by applicable law. The incurrence of debt by the Consortium requires the prior approval of all of the governing bodies of current Voting Members. D. Responsibilities of Consortium Board Members. Consortium Board Members shall participate fully in matters before the Board, attend all meetings, advocate on behalf of the Consortium, and contribute expertise to guide decisions. E. Bylaws. The Consortium Members shall adopt Bylaws that govern Consortium operations and decision making. F. Consortium Membership. Membership in the Consortium shall be limited to government agencies authorized to become signatories to an Interlocal Agreement as authorized by RCW 39.34.030, and who contribute assets, resources, and/or shared services for the benefit of members. The addition of new members shall be subject to the approval of a simple majority of the Consortium Board, as established by the Consortium, to manage its operations. ARTICLE VII VOTING In conducting Consortium business, Voting Members will cast a single vote with all votes being equal. A meeting quorum for Board Meetings shall be considered to be a simple. majority of the Board Members. A meeting quorum for Consortium Member meetings shall be a simple majority of Voting Members. It is the desire of the Consortium that decisions be made by consensus, but a simple majority vote of all of the Voting Members present, either in person, electronically or by proxy, shall decide matters at Consortium Member meetings. A simple majority vote of all of the board members present, either in person, electronically or by proxy, shall decide matters at Consortium Board meetings. A second vote may be called in the event of a tie to arrive at a decision. A second tie will table the discussion until the next regularly scheduled meeting. ARTICLE VIII FINANCE AND BUDGET The Consortium Board is authorized to accept grants and such other financial opportunities as may arise in order to accomplish the purposes of the Consortium consistent with Chapter 39.34 RCW. The Consortium is empowered to receive all funds and assets allocated to it by its members. The Consortium Board may establish partnerships with public and private corporations or entities as allowed by law. The Consortium Board shall recommend an annual budget for adoption by the Consortium Members. A. Ownership of Property. The Consortium may own real and personal properties. Ownership of assets, such as fiber strands, equipment or software, shall be defined in the allocation noted within any Consortium Project Agreement to which the Member is signatory. Assets deemed surplus by participants in a Project Agreement shall be held by the Consortium in an Asset Bank administered by the Consortium Board for the benefit of the Consortium Members. Future allocation of surplus assets shall be at the discretion of the Consortium Board. Existing assets owned by the Consortium Members may be transferred to the Consortium for the benefit of Consortium Members at the owner's discretion. B. Retained Responsibility and Authority. Consortium Members retain the responsibility and authority for managing and maintaining their own internal Fiber Optic systems, including security and privacy of all data which may be linked to the Consortium's network. C. Fiscal Agent. The Fiscal Agent refers to that agency or government that performs all accounting services for the Consortium as it may require, in accordance with the requirements of Chapter 39.34 RCW. The Consortium Board shall appoint a Fiscal Agent for the Consortium. The Fiscal Agent shall have a non-voting, ex officio seat on the Consortium Board if the agency is not serving on a Consortium Board seat. D. Intergovernmental Cooperation. The Consortium will cooperate with federal, state, county, and other local agencies to maximize use of any grant funds or other resources and enhance the effectiveness of the Consortium systems, programs and projects. E. Voting Members. Voting Members shall contribute to the Consortium in accordance with the fee policy adopted by the Consortium Membership. ARTICLE IX. CONSTITUENCY There shall be no constituency of the Consortium. ARTICLE X AMENDMENT OF CHARTER AND BYLAWS Section 1. Amendments to Bylaws. The Board may propose amendments to the Bylaws for consideration and voting by the general membership at a general membership meeting. Amendments to the Bylaws shall be deemed approved if the amendment proposal receives affirmative votes from a majority of all Voting Members. Section 2. Amendments to Charter. Proposals to amend this Charter shall be submitted to the Board for review. If the Board recommends approval of the Charter amendment, the amendment proposal shall be submitted to the governing bodies of the Consortium Members. The proposed amendment shall not be effective until approved by the governing bodies of at least 75% of all Voting Members. ARTICLE XI COMMENCEMENT The Consortium shall commence its existence effective upon the issuance of its Charter as sealed and attested by the City Clerk of the City of Kirkland, as provided in the Ordinance adopting this Charter. ARTICLE XII DISSOLUTION Dissolution of the Consortium shall be in the form and manner set forth in the Interlocal Agreement and as may be required by state law. CERTIFICATE I, the undersigned, City Clerk of the City of Kirkland, Washington, do hereby certify that the attached CHARTER OF THE COMMUNITY CONNECTIVITY CONSORTIUM, A WASHINGTON PUBLIC CORPORATION is a true and correct original of such Charter as authorized by Ordinance No. of the City of this day of , 2011. City Clerk of the City of . Washington EXHIBIT Community Connectivity Consortium Bylaws 1. Purpose The purpose of these Bylaws is to establish the means by which the Community Connectivity Consortium (hereinafter"Consortium") shall regulate and direct itself and identify and document the Consortium's operating procedures and principles for management of the Consortium's business activities by the Consortium's Board. 2. Goals and Principles The guiding operating principles of the Consortium are to: ® Provide for efficient, flexible, robust, secure and cost-effective communications; resiliency for disaster recovery, emergency and public safety connectivity, disaster recovery and business continuity for Members and constituents; improved inter-agency communications; and an open- access network to serve communities and their anchor institutions. • Optimize use of the Consortium's assets through: (1) efficient administration; (2) effective policies and procedures; (3) capable execution of projects; and (4) adequate record keeping, documentation and inventory of Consortium operations and assets. ® Effectively leverage member and Consortium resources to obtain grant funding, develop shared resources for the benefit of Members, and develop fiscal opportunities that support the Consortium's goals. ® Work collaboratively to optimize available resources, including knowledge, pathway, design, assets, budget, administration, and any other expertise necessary in a manner that is equitable and flexible across the long term. 3. Agreement These Bylaws shall be reviewed and recommended by the Consortium Board to the Consortium Members for adoption. These Bylaws may be amended upon recommendation by the Consortium Board to the Consortium Members for adoption of any changes with the approval of at least a majority of all Voting Members. These Bylaws shall be reviewed annually by the Consortium Board. CCC Bylaws Page 1 of 8 (07.13.11 rev) 4. Operating Committees & Boards A. Composition of Consortium Board. The Consortium Board is comprised of representatives appointed by member agencies. These representatives should possess the special knowledge required to participate in the conduct of Consortium business and should include the Chief Information Officer, Information Technology Director, or other designee. The initial Consortium Board shall be made up of four Core and five At-Large seats. The initial Core seats of the Consortium Board are the original signers of the first intedocal agreement that established the Consortium (the University of Washington, the Lake Washington School District, City of Bellevue and the City of Kirkland) and have made significant investments to establish the initial backbone of the Consortium network.. The At-Large seats are open to all voting members of the Consortium. The Consortium Board shall represent the diversity and perspectives of the Consortium members and shall strive to balance the Board seats with a mix of anchor institutions considering types of organizations (e.g., government, education and health care, etc.), geographic representation (e.g., Seattle, east King County, south King County, etc.), and other categories that may arise. The Consortium Board shall recommend a representative composition of the Board at the Annual Meeting. The Consortium may change the composition and number of Board positions—including the number of Core and At-Large seats—as the needs of the Consortium may dictate. Any change to the composition of the Consortium Board shall require the approval of at least 75% of all Consortium Voting Members. B. Consortium Board Terms. The initial At-Large seats shall be elected by the Consortium Voting Members for one, two or three-year staggered terms to minimize turnover and ensure continuity in the Board. Thereafter, all seats shall serve a three year term. At-large terms shall be: two at-large Members elected for a one year term, two at-large Members elected for a two year term, and one at-large Member elected for a three year term. Board Members, at their first meeting, will use a random selection method to determine the term of each At- large seat. Elections shall take place at the Consortium's Annual Meeting. The Core seats shall have a three year term. At the conclusion of each three year term the Consortium Board will review the makeup of the Core seats based on sunk investments, level of effort towards Consortium goals (e.g., project management, engineering, regional coordination, administrative, etc.), budget contributions and any other factors demonstrating on-going commitment and achievement and propose any appropriate changes in Core seat assignment. If a seat is vacant and the Consortium Member is not able to replace its representative, the Consortium Board may elect another Member or hold an election to fill the remaining term of the seat. C. Operating Committees. The Members of the Consortium Board shall appoint Consortium Members to such operating committees as deemed necessary by the Board to assist in the operations of the Consortium. The Consortium Board may, at its discretion, vote on the formation of such CCC Bylaws Page 2 of 8 (07.13.11 rev) committees as necessary for the orderly business operation of the Consortium. Possible future committees are Operations, Finance, and Nominating. D. Consortium Officers. The Consortium Board shall select a Chair, a Vice- Chair and a Secretary. The Vice-Chair will act as Board Chair in the absence of the Chair. The Chair, Vice-Chair and Secretary shall each serve a two-year term. In the event a Chair is unable to complete its term, the unfilled portion shall be filled by the Vice-Chair. If the Vice-Chair is vacated, the Board or Committee shall elect a new Vice-Chair. The election of officers is at the discretion of the Consortium Board and may be by written, electronic or verbal ballot. The Consortium Board shall select a.Chair and Vice-Chair for any committees it creates. The duties of any Consortium officers shall be those normally associated with the office and include chairing meetings, coordinating agendas, acting on behalf of the Consortium as directed by Board action, and other duties to ensure the effective and efficient operations of the Consortium. E. Consortium Board Member Responsibilities. Consortium Board Members shall participate in the preparation of the annual budget recommendation to be presented for Member adoption at the Consortium's Annual Meeting. The budget document shall contain, at a minimum, an annual report including significant project update reports. The Consortium Board Members shall stay informed on or be directly engaged in the activities of Consortium committees and projects to fulfill the Consortium Board's oversight role of ensuring adequate progress and achievement of goals. Consortium Board Members may contribute resources towards efficient operation of the Consortium, including but not limited to staff expertise, time and effort for outreach and coordination, materials, budget commitments, etc. F. Member Responsibilities. Any Member may attend any Board or committee meeting and is encouraged to participate as much as feasible. Members shall represent the interests and legal obligations of their agencies in all matters. Members shall also be the liaison to their organizations and facilitate effective communications and coordination on behalf of their agency. The Consortium will not reimburse a Member for its time serving on the Consortium Board or operating committees. No Member will be an agent of the Consortium or has the power to bind the Consortium in any manner solely by virtue of such Member's Consortium Membership. G. Removal of Officers. Consortium Board Officers may be removed, with cause, at any meeting of the Consortium Members. Notice of such action will be published as an agenda item and voted on by the Consortium Voting Members. Committee Officers may be removed by the Consortium Board at any of the Board meetings. 5. Membership Policy CCC Bylaws Page 3 of 8 (07.13.11 rev) A. Membership Types. There are two Membership Classes—Voting and Non-Voting. The Consortium shall maintain a Membership roster designating Voting and Non-Voting members. B. Voting Members. Voting Members shall enjoy full privileges, including voting, sharing of risks and rewards, ownership of assets, and other benefits. Voting Members are expected to positively contribute to Consortium governance and operation, provide in-kind contributions of conduit, staff time or funding and actively participate in meetings, Consortium projects, and regional activities that further the Consortium's mission. Voting Members who fail to actively participate during a four year period may, upon notice and by a vote of the Consortium Board, have their membership status changed to Non-Voting Member based on a finding by the Board that the Member has not actively participated during the applicable four year period. C. Non-Voting Members. Non-Voting Members may participate in Consortium Project Agreements that are within and/or affect their jurisdiction, but are not required to actively participate in Consortium business or governance. Non-Voting members may attend Consortium meetings and provide input but may not vote. Non-Voting Members are not required to contribute to Consortium governance or operation and are not eligible for distribution of Consortium assets in the event of dissolution of the Consortium. D. Attaining Membership. A public agency desiring membership in the Consortium must express its interest in writing to the Consortium Board. The letter of interest should identify the type of membership sought and how the agency's interests align with the goals and principles of the Consortium. The Consortium Board shall review the request and take action accordingly: 1. Non-Voting Members. For agencies seeking non-voting membership because of limited and discrete interests (e.g., connecting a facility), the Consortium Board can take action on the membership request at its next available Board meeting. Non-voting members should participate in committee and project meetings appropriate to their interests. 2. Voting Members. For agencies seeking full voting membership, the Consortium Board can consider the request, and if approved, allow immediate admittance as a non-voting member. Prior to admittance as a full voting member, applicants must serve a one-year period as a non-voting member. The one-year period begins when the Consortium Board approves the request after it reviews the letter of interest. During the one-year non-voting period, the applicant should attend Board and/or committee meetings for one year to demonstrate sincere interest and willingness to actively participate and engage in the collaborative partnership. Final admittance as a full voting member is established by a majority vote of the full voting membership based upon demonstrated ability to develop and maintain effective partnerships in alignment with Consortium goals and objectives. CCC Bylaws Page 4 of 8 (07.13.11 rev) E. Member Withdrawal. A Consortium Member may notify the Consortium of its intent to withdraw from this Agreement by written notice to the Consortium Board. Any commitment for the current calendar year shall be terminated upon such withdrawal. The Consortium Member withdrawing from the Consortium also forfeits any of the Consortium Member's proportional interest in Consortium assets including but not limited to: (1) ownership rights to hardware, software, fiber and/or services owned/provided by the Consortium, and (2) any funds associated with Consortium products and/or services. The Consortium Member seeking withdrawal shall continue full participation in any Consortium Project Agreements executed during the Membership period. A Member retains full ownership in assets designated as belonging to the Member in any Consortium Project Agreement but may elect to transfer assets back to the Consortium with the agreement of the Consortium Board. 6. Dispute Resolution Disputes regarding asset ownership or any other aspect of the Consortium's business activities shall be brought to the attention of the Consortium Board for resolution. In the event a resolution is not possible, either party to the dispute may escalate the issue to the Membership at the Consortium's Annual Meeting or a Special Meeting. The vote of the Membership shall be the final decision of the Consortium. 7. Meetings A. Frequency—The Consortium Board shall conduct at a minimum an annual meeting of the Consortium Members, to be held on the second Thursday in May of each year at Bellevue City Hall at 2:00 p.m. Additionally, the Consortium Board shall meet not less than quarterly to conduct Consortium business and oversight. B. Notices— Meeting notices shall be distributed 10 days in advance of Consortium Board and-30 days in advance of Consortium Members meetings. Such notices shall include an agenda covering topics to be discussed along with any materials related to matters up for a vote. C. Attendance— It is the responsibility of each Consortium Member to fully participate in the governance of the Consortium. Consortium Members are encouraged to attend all meetings. D. Minutes — Minutes shall be taken and made available to Members at Consortium Board and Consortium Members meetings. Meeting minutes shall be available no later than 15 days after the meeting's occurrence. E. Quorum, Voting—A quorum shall be a simple majority of all Voting Members. Unless a different percentage is required by the ILA, the Charter or by law, action at any Meeting shall be action of the Consortium if the action is approved by at least a majority of those present at the meeting, provided a CCC Bylaws Page 5 of 8 (07.13.11 rev) quorum is present. No action may be taken at a meeting at which a quorum is not present, except to adjourn the meeting to another time and/or place. 8. Fiscal Agent The Fiscal Agent for the Consortium shall be appointed by the Consortium Board for a term of three years. The City of Bellevue is the Consortium's current Fiscal Agent for monetary matters wherein the Consortium receives or spends funds on behalf of the Consortium. 9. Assets A. As described in the Consortium's Interlocal Agreement, the Consortium will maintain a bank of surplus fiber and other assets to be distributed to Members, for revenue generation and use by customers based on demonstrated need and for benefit to the Consortium and its Members' communities. Decisions regarding distribution of-banked assets shall be at the discretion of the Consortium Board. B. An accurate asset inventory shall be maintained by the Consortium's Fiscal Agent and reported annually to the Membership. Consortium Members shall support the inventory by providing necessary documentation and information. C. Maintenance costs for assets such as banked fiber shall be evenly distributed to the Voting Members. In the event of a fiber break, the lead agency for the Project Agreement covering the cable installation shall immediately notify the Consortium and have the fiber repaired with all due diligence as described within the Project Agreement, passing costs to the appropriate Members upon receipt of the vendor's invoicing. The Consortium may own other assets . related to the mission and goals of the Consortium. Such assets shall be maintained and inventoried and costs shared by the Voting Members through Consortium dues as approved in the annual Consortium budget. D. Allocation of assets for each project will follow these guidelines: a. Member-funded projects: Asset ownership is determined in each Project Agreement and cost is prorated among the participating Members. b. Grant-funded projects: All assets are owned by the Consortium and allocated by the Consortium Board based on the following priorities: i. Priority 1 —To achieve the objectives of the grant project. If one of the objectives is a future capability, assets must be set aside for this until that project is ready. ii. Priority 2—To achieve objectives of Members who contribute to a grant project either through assets, right of way, staff time, facilities, or other contributions. iii. Priority 3 —To achieve the objectives of Members who have a demonstrated need to use grant-funded assets. CCC Bylaws Page 6 of 8 (07.13.11 rev) iv. All Members requesting use of grant assets under Priority 2 and 3 must demonstrate necessity with a report or presentation showing needs analysis and how the assets will be used. v. All use must fit within grant guidelines and be tracked for grant audit purposes. vi. All unallocated assets will be retained in an Asset Bank for future needs. c. The following general rules shall be used as a starting point for discussion and negotiation of fiber allocation: i. To connect a facility: 6 strands (2 for primary, 2 for backup, 2 for spares) ii. For a traffic network: 12 strands for small to mid-size city, 24 strands for mid to large city. 10.Projects All Fiber Optic Projects among participating Members shall have a Consortium Project Agreement specifying the participating agencies, Lead Agency and project manager, route, assets, etc. as described in the Consortium Project Agreement Template. Projects will follow the template established for Consortium projects to ensure consistency. Each fully executed Project Agreement will be filed with the Fiscal Agent for record keeping purposes. The Lead Agency is responsible for the successful execution of Consortium Projects. 11.Procurement/Contracting For expenditures that flow through the Consortium, the Consortium shall adopt and be guided by the initial Fiscal Agent's Contracting Policy as the basis for all contracting/purchasing decisions. Contracts up to $50,000 may be approved and executed by the Consortium Board Chair or designee as contained in the Consortium. Contracts exceeding $50,000 shall require approval by the Consortium Board. 12.Staffing The Consortium Board may recommend to the Consortium Members staff positions necessary for the continued business operations of the Consortium. Such recommendation shall contain a compensation assessment and be included in the annual budget process 13.Amending Bylaws Except as otherwise provided herein, these Bylaws may be modified or amended by the general membership upon the recommendation of the Consortium Board. At a minimum, the Consortium Board shall, on an annual basis, review the current Bylaws and make recommendations regarding potential changes at the CCC Bylaws Page 7 of 8 (07.13.11 rev) Consortium Members annual meeting. Amendments to the Bylaws must be approved by at least a majority of all Voting Members. Definition of Terms A. Asset Bank— Fiber that is classified by the participants in a Project Agreement as surplus to the project and transferred to the Consortium for future use by the members; fiber that may be donated to the Consortium by a member for the future use by the members. B. Customer—A customer of the Consortium is any entity that contracts for services from the Consortium. Said services may be the sharing of resources, network connectivity and other services as defined by the Community Connectivity Consortium Board. C. Consortium Proiect Agreement—This is an agreement for a specific project with participating members that defines the contractual relationships between and amongst the members of the agreement. D. Fiscal Agent-An entity that handles fiscal matters for a group, including contracting, procurement, disbursement of payment funds, grant management, financial accounting for such funds as may be required, administrative record keeping, asset tracking, and the production of reports necessary to the conduct of the group's business activities. E. Interlocal Agreement—An agreement executed under RCW 39.34.030 that provides statutory authority for the formation of such agreements. Such agreements are limited to government entities/agencies. F. Lead Agency— The participating agency designated by mutual consent in a Project Agreement and empowered to enter into contracts, oversee project construction and perform on-going maintenance responsibilities. G. Voting Member—Any Consortium Member that provides assets, funding, staff or other shared resources for the benefit of the Consortium and participates actively in Consortium matters including the Consortium's annual meeting and committee/board assignments. H. Network—A computer network is a group of devices interconnected for the purpose of communication. I. Non-Voting Member—Any Consortium Member that participates in specific project Consortium Project Agreements but not in the Consortium's business or oversight activities. THESE BYLAWS are adopted by resolution of the Community Connectivity Consortium Board this day of , 2011. Secretary CCC Bylaws Page 8 of 8 (07.13.11 rev) KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: July 3, 2012 SUBJECT: EarthCorps Services Grant Agreement — Authorize MOTION: Authorize the expenditure of King Conservation District grant funds in the amount of $6,650 to contract with EarthCorps for services at Earthworks Park in accordance with the grant terms and conditions, subject to approval of final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Staff received a "King County Wild Places in City Spaces" grant of $6,650 to continue restoration work at Earthworks Park. The work is part of the overall Green Kent Initiative to restore urban forestry by utilizing a contracted crew to remove invasive plants from the hillside and stream bank. Volunteers will then replant with 300 native species similar to those presently found growing at the site and the crew will return to spread cardboard and mulch. EXHIBITS: King Conservation Grant Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: General Fund Budget I AGREEMENT BETWEEN THE CITY OF KENT PARKS, RECREATION & COMMUNTY SERVICES AND KING COUNTY MAY 1, 2012 TO DECEMBER 31, 2012 This is an Agreement between the City of Kent Parks,Recreation & Communty Services, hereinafter the"RECIPIENT", and King County, a political subdivision of the state of Washington,hereinafter the "COUNTY",entered on May 1,2012., The purpose of this Agreement is to set forth the terns, conditions and the legal and administrative relations that apply to the RECIPIENT in exchange for financial assistance in carrying out a proposed project entitled Mill Creek Canyon/Earthworks Park Restoration,hereinafter the "PROJECT". Section 1. Background and Recitals: A. Recipient description: The mission of Kent Parks, Recreation& Community Services is: "Dedicated to enriching lives." B. Legal status: Washington municipal corporation State of incorporation: NA C. Proposed PROJECT: The project area at Earthworks Park is the hillside and riparian corridor of a salmon-bearing stream. EarthCorks has already cut"survival rings" around roughly 300 mature trees to remove English ivy. For this project,they will remove invasive plants from the hillside floor and streambank.EarthCorps and Parks staff will then work with volunteers to replant and mulch the same native species presently growing at the site. D. Recipient experience in carrying out the PROJECT. Public land is managed by the city of Kent. The Parks Department staff includes seven certified arborists as well as credentialed project managers experienced in natural resource improvement and volunteer management. The Public Works Department includes environmental conservationists and engineers,wetland biologists and site managers. Earthworks Park is a unique landmark co-managed by both departments. E. This award is made in accordance with one or more of the funding authorities described in Exhibit G of this agreement. F. As determined by King County,this PROJECT will improve and protect the natural resources of King County and adjoining areas where applicable. G. The County plans and proposes to remunerate the RECIPIENT for the purpose described in Subsection C above in an amount up to,but not exceeding$6,650 (The"AWARD"), provided that the RECIPIENT also contributes to this PROJECT a cash and in-kind match valued at$6,740 and verified according to the Terns and Conditions below. Section 2. Terms and Conditions: A. The PROJECT shall be in accordance with the Scope of Work attached hereto as Exhibit A with such modifications as may be approved by the Division Director of Water and Land Resources Division in the COUNTY's Department of Natural Resources and Parks. (' B. The COUNTY will, upon execution of this Agreement,establish procedures to allow payment to the RECIPIENT of all eligible expenses up to limit of the AWARD. C. The RECIPIENT shall be responsible for making a request for payment not more frequently than once every three months but not less frequently than every s,ix'{nonths starting with the effective date of this Agreement. The first request shall be no more Mfil alf of the amount of the Award. The final request shall be no less than one fifth of the alriount of the Award.Each request shall be presented in the format shown in Exhibit E of this AgMement(the Request for Payment and Task Summary form). It will include allowable reimbursable costs and/or an advance,unless such an advance is prohibited in this Agreement The Ttisk Summary is"a summary of the PROJECT progress to date as well as any future work described in the Scope of Work(Exhibit A of this Agreement). D. Failure to submit the aforementioned request for,Payment bd report on the PROJECT progress within any seven month period may because for°the CONY to terminate this agreement for non-performance. E. Costs eligible for payment shall include thosceosts identified in the and incurred during the effective dates of this Agreement. F. Any and all activities to be funded by this Agrceniant to the:RECIPIENT shall be completed by December 31, 2012. G. Final payment shall be made on condition that the RECIPIENT submits the following documents no later than January 31,2013 a A Wrttte`.'t Final Report documenting the successful completion of the PROJECT according to the Scope`oF Work(Exhibit A of this Agreement). The written final report shall also include,but riot be limited to, the following attachments as they apply: i. Outreach materiaIs such as handouts, brochures, posters,newspaper clippings; ii. Any otherPrinted materials created for the PROJECT or about it; nt;,_ Documents such as site plans, plant lists,publications, reports, analyses and other ttems that illustrate the successful completion of the PROJECT; ry Pictures PROJECT. b. A completed;fthibit F of this Agreement(FI: Programmatic Close-Out& F2: Financial Cld Lit), accounting for all PROJECT costs including all cash and/or in-kind match itemized in the Budget. H. Failure to provide the aforementioned documentation may result in the forfeiture of part or all amounts due to the RECIPIENT. I. The RECIPIENT shall also return any money remaining from the COUNTY's disbursement by January 31,2013. i Page 2 of 13 i J. The RECIPIENT agrees to acknowledge the COUNTY in all publications and signage that have been produced as part of the PROJECT described herein as well as in press releases,public service announcements, on posters,flyers and in electronic postings such as"home pages". The RECIPIENT will use the wording provided in Exhibit C of this Agreement and Credit and Disclaimers as provided in Scope of Work(Exhibit A,Task 4 of this Agreement). K. Other conditions governing this award: N/A Section 3. Leeal and Administrative Relations: A. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles and to meet the requirements of all-applicable state and Federal laws. The RECIPIENT shall maintain and submit to;the COUNTY any such records as the COUNTY may require to conduct any audit.of tfig PROJECT it may elect to conduct or to substantiate expenditures submitted for paymaut o>the COUNTY The RECIPIENT shall maintain and retain books and records related,,(p the Agreement for dflgast three years after the termination of said Agreement. B. The COUNTY's financial assistance to the RECIPIENT shallbe construed by the parties as a special disbursement to the RECIPIENT to fund actvltles,a"s described herein that generally benefit the COUNTY's efforts to protgc�t environmental resources. It shall not be construed as a contract for services between the RECIPIENT and the CO TY. C. The RECIPIENT shall be solely responsible for the recruiting, training and supervision of its employees and volunteers.,:,tndividuXs V and paid;by the RECIPIENT shall not, in any event, be construed to' employes of,or contr,'aetors to, the COUNTY and the RECIPIENT shall indemni and ftold harmless!`e COON 1 Y frgi any and all claims arising from any contention that said individuals axe employees of, or etors to,the COUNTY. D. The RECIPIENT agrees to indemnify, defend attd.-?old harmless the COUNTY, its agents, officers offietdl�":and employees from all claims"idleged liability,damages, suits, losses, costs to or death of persoi1 or damage to;property allegedly resulting from the operation of the RECIPIENT or any of i'ts,employees_under this Agreement. E. Nothing this Agreement shall be construed as prohibiting the RECIPIENT from undertaking or assisting projects developed outside the purview of this Agreement, or entering into agreements with other paities;to undertake said projects in accordance with whatever terms and conditions may be agreed ti , etweeu the RECIPIENT and other parties. F. The COUNTY shall U'e under no obligation to continue this Agreement and may request partial or full reimbursement of payments it made to the RECIPIENT should the RECIPIENT fail to perform according to the Terms and Conditions of this Agreement, whether or not failure to perform is within the RECIPIENT's control. G. This Agreement may be amended at any time by written concurrence of the parties and will terminate upon fulfillment of all obligations contained herein. H. Either party may terminate this Agreement with a thirty day written notice. The RECIPIENT shall return any unused portion of the funds paid and/or advanced for all expenses incurred up to the day of termination of this Agreement as provided in Section 2, Subsection B. Page 3 of 13 i I. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. J. This Agreement is approved as to form by the King County Prosecuting Attorney. K. This Agreement can be executed in counterparts. L. The parties have executed this Agreement as of the date first written above. THE, CITY OF KENT PARKS, RECREATION& COMMUNTY SERVICES by: Signature: Recipient printed name&title: Jeff Watling, Pa ks Rector Date: KING COUNTY by: Y Signature: Date: Mark Isaacson, Division Director, Water and Land Rr sources Division King County Departmett of Natural Resourg and Parks II i Page 4 of 13 i EXHIBIT A: SCOPE OF WORD TASKS DATES When is task being completed? TASK 1 a) Submit a letter of commitment stating the nature of the support from your main project partners. b) Submit copies of award letters or other appropriate verification for cash and in-kind contributions greater than$1,000.00. TASK 2 Project Work Plan SUB-TASK OUTCOME TOTAL SHARE OF -_... AWARD FUNDS A. Approval of Staff will prepare memos for the Parks Committee and City April 2012 financial Council outlining the project's scope of w0'[k'and requesting commitment of approval of funds, project funds B. Prepare and Staff will send contract to EarthCorps for 4 days of crew time at S§,650 May 2012 execute Earthworks Park, concentrating on the hillside and riparian buffer, contract plus project management to coordinate volunteer eventrCrew days to be scheduled between June 29 and Nov 15 2012. See Scope of Work fors ecifics�.on work to be done C. Reserve plants Staff will contact the nursery technician to reserve 300 native May 2012 from city species of the type found growing at the park Technician will nursery maintain plants until needed. D. Order wood Staff will contact Rainier Wood Products I>arpirlito Brothers or T2012 er chips other vendorfor,hpg fuel or similar wood_ehJp5 i .Ote;this may be an in kind contri6ut({n, depending on cltys Supply of chips when needed. E. Order/pick up Staff will contact Sheets Unlimited to reserve 300 large sheets of October cardboard cardboard forpick-u 'i"y maintenance staff. 2012 F. Prepare Once volunteer planting event date is determined, staff will create December promotional and distribute a registration fiyerto volunteer list of 1,000+. Press 2012 materials for releasg,social media, city and Green Kent websites will promote media and the project volunteers,;, Staff will submit report to fenders and field tracking data to follow up Forterra TASK 3 state all requlred pro/ect penrifs and authorizations(including right of access)as follows: Permits/ Name of permrf fsSper, recrpieht,purpose and inclusive dates. If no permits or authorizations permission are required sublYlit state mentto that effect. if applicable) No ermits or autt d:dzations are required. TASK 4 As part of your project deliverables,provide a plan of how, where and when April 2012 Credits this grantwill be acknowledged and Fall The grant will be acknowledged at televised Parks Committee and City Council 2012 meetings, on the Parks recognition page of the city's website and on the Forterra-maintained Green Kent webiste. Flyers send to 1,000+individuals and groups plus a press release will acknowledge the funding source. TASK 5 Submit a final report and the financial closeout documentation. Cannot be later December Final report than 30 days after the end date of the project. 2012 Page 5 of 13 II i EXHIBIT B: BUDGET BASIS FOR BASIS FOR GRANT CALCULATION AND CALCULATION AND SOURCE OF BUDGET ITEM REQUEST BREAKDOWN MATCH BREAKDOWN MATCH IN- CASH KIND Hourly rates for volunteer coordination, park planner,public works nursery '..technician,maintenance Salaries&benefits $5,140 worker&supervisor City of Kent Freelance workers and consultants Sub $5,d4 City of Kent, Sheets Project supplies, Estlma#ed,Value of 300 Unlimited, materials and plants,60Q k eets Rainier Wood 1,600.. cardboard 5p ds mulch Products equipment $ ',.<.. Commercial 1,077/day X 5 days services(e.g., plus applig610-„ printing,backhoeing) $6,650 overhead and taz;;y„ Transportation Office expenses - (broken down unless requesting a blanket ` overhead rate) Real estate- related costs Other costs I, Sub ,$6,650 $5,140 $1,600 Grand Total -=$6';650 $5,140 $1,600 Page 6 of 13 EXHIBIT C: CREDIT AND DISCLAIMERS FOR THE KING COUNTY FUNDED PROJECTS a King County • Official Logo Dimensions Requirements: contact your grant administrator. The above logo must be included on all documents,brochures, flyers, newsletters, newspaper advertising and etc. • Logo Location on Printed Materials: on the inside title cover of g6"bund documents or at the back of a brochure, at the end of a document or bottom right of an interP, Lud'panel, a poster or a flyer the following credit. ,.. This project is funded in part by a King County Department of Natural Resources and Parks Wild Places in City Spaces grant. • For items where opinions or advice or a list of organizations or businesses are.included in the n rote retivc:.'aril a guidebook,and a directory) introduction or in the body of the document(e.g., a „ rp � , add the disclaimer sentence: The content herein does not constitute an endorsement by KingCounty government, its employees, and its elected and a ointed officials • Grant Exchange Web Page: http://Nvww kiingpounty gob nvironmefit/grants-and-awards/grant- exchange.aspx • Permanent and Announcement Sign age: Signage must have the King County Department of Natural Resources and Parks and Grant Funding source logos.plong with appropriate text,if applicable.Please contact Grant Exchange for the,jpg, gif and/or word logo files. i Page 7 of 13 EDIT E INVOICE #1 KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND PARKS WATER AND LAND RESOURCES DIVISION REQUEST FOR PAYMENT Remit to: City of Kent,Attn: Parks Planning & Development, 220 4th Ave. S., Kent, WA 98032 DATE from to End date for this'Ofant is: December 31,2012 Make sure to fill the Task Summary related to thls'req est on the back of this page BUDGETED PRIOR TADS BALANCFi OF DIISCRYPTION AMOUNTS REQUESTS Q = 'A' AWARD':. (Describe here and refer to attached REQU FROM support information) AGREEMENT BUDGET Paid staff Contract workers/ $6,650.00 consultants Supplies& equipment Purchased services Travel Indirect Real estate-related Other Costs TOTAL As an authorized representative:of the above named recipient and to the best of my knowledge,I represent that this request for payment is true and accurate and reflects costs incurred by the recipre carrying out the project named above for those planned or completed activities summarized onttrc back of this form Signature OfprePaNf - .. Date Return completed i4 to n Ken Pritchard King CouPd}"SVater and Laud Resort ces Division King Street Center 201 S.Jackson St Suite 606$eallle,WA 98104 i OFFICE USE BELOW THIS LINE Request for Payment form(Page 1 of 2) Page 8 of 13 TASK SUMMARIES (FROM SCOPE OF WORK) ACTIVITIES PLANNED OR CARRIED OUT WITH THIS REQUEST TASK ACTIVITIES TO BE PAID IN DATE % (taken from Exhibit A: Scope THIS REQUEST ACTIVITIES COMPLE- of Work) TOOK/WILL TED TAKE;PLACE I.Letter of commitment N/A 6/8/12 stating the nature of support from project partners. 2.A.Approval of financial Memos for Law,Parks Committed` 6/30/12 commitment of project and City Council outlining funds project's scope of work an& requesting approval of funds. Agreement w.King Cor.tiilalized 2.13. Prepare and execute City and EarthCorps 5t�ff met 7/10/12 contract 5/31/12 at the site to finalize restoration sites and best locations lil for volunteers to plant. Cq,ttract and scope gFwork finalized with EarthCor S. 2.C. Reserve plants from Staff contk&d nurserytechurcian ;41/16/12 city nursery. on 6/4/12 to fd erve 300 native species of the type found growing at the,park. She°will ma in' plants until needed 2.D. Order wood chips Staff requested 50 yd5 of chips be 11/9/12 reserved for this projoct:rm 6/4/12, but if none 'are left for after. volunteer planting event mvarly November,will purchase. 2.E. Ord&/plek up Staff to contact Sheets Unlimited 11/2/12 cardboard to reserve 300-400 sheets of cardboard for pick-up by maintenance staff. 2.17. Prepare promotional Volnnmer planting event date in 10/12/12, materials for media and early;November: staff will 12/21/12 volunteers. Submit report to':: create/distribute registration flyer, funder, field tracking data press release, and use social report Forterra. media,website, etc.to promote event. Request for Payment form Page 2 of 2 Page 9 of 13 EXHIBIT F: CLOSE-OUT REPORT Recipient City of Kent Parks,Recreation & Community Services Project Mill Creek Canon/Earthworks Park Restoration Time Period of this PROJECT July—December 2012 Total Award $6,650 Amount due at Close-Out $6,650 Fl: PROGRAMMATIC CLOSE-OUT Checklist Previously Attached Missing Submitted Letter(s) of Commitment from Ivey partners` r r 4 f Written Final Report, documenting the successful completion of the PROJECT according to the EXHIBIT A SCOPE OF WORK&TIMELINE in your agledment The `�f _ report shall include,but not luntted to,the following: NO attachments as they avvly. :r' ra 1. Report Narrative 2. Outreach Materials, such'as:handouts, brochures, posters,newspaper clippings press releases, and web age screen hard co ies 3. Copie f bf Printed Materials, created for the PROJECT or about it &/or•other items that illustrate the successfid cant' ion of the PROJ1 CT 4. Copies of pictures, film,vidWPower oint presentation in"CI),DVD, email.&/or documentation presenting your PROJECT, if applicable ii Page 10 of 13 i F2: FINANCIAL CLOSE-OUT Checklist Previously Attached Missing Submitted EXHIBIT E: REQUEST FOR PAYMENT, completed for final remittance amount. EXHIBIT F: CLOSE OUT REPORT, including attached receipts &/or auditable accounting detail (may include: ledger- based copies, cancel checks, &payroll records),both cash and in-kind match documentation(backup). PROVISIONS By signing this Financial CLOSEOUT, Jeff Watline, an authorikd representative of the above named award recipient(RECIPIENT), confirm that I have examinedthe information contained herein and that,to the best of my knowledge, it is a true and accurate account of all the financial expenses and in-kind contributions incurred by the above named project in the,coul se of fulfilling the conditions of the AGREEMENT between RECIPIENT a.0 King County(COUNTI), dated I hereby acknowledge that there are no further expenses a veiated with this project, nor any pending or future claims to the COUNTY and that the COUNTY is not liable for any expenses not documented in Attachment B (Budget)bftlle AGREEMENT. I undersuh that the RECIPIENT is fully bound by the provisions of the AGREEMENT including,but not limited to,the return of COUNTY funds that are unspent or whose spending is unsubstantiated according to the Terms of the AGREEMENT, and the right to examine records. I further understand that the COUNTY, upon examining this Financial CLOSEOUT and the Final Report submitted by the RECIPIENT will determine the amount of the balance due to the RECIPIENT. SIGNED DATE Page 11 of 13 it Item Grant Budget Grant Grant Cash match Cash Match in-kind match In-kind Actual Balance proposed Actual proposed Match Actual Remaining 1-Paid staff $5,140 2-Contract $6,650 workers/consultants 3-Sub of Lines 1& $6,650 2 4-Supplies and equipment 5-Purchased services (e.g., printing, excavation) 6-Travel 7-Indirect costs (rent,utilities, etc.) 8-Real estate related costs 9-Other costs 10-TOTAL I Page 12 of 13 ', EXHIBIT G: FUNDING AUTHORITY Wild Places in City Space, Urban Reforestation and Habitat Restoration(URHR): The COUNTY, administers the Urban Reforestation and Habitat Restoration Fund, a First Tier fiord established by King County Ordinance 11193 for the purpose of funding urban reforestation and habitat restoration project in the Urban Growth Area of King County. i l Page 13 of 13 KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: July 3, 2012 SUBJECT: Lake Fenwick Project Agreement Amendment — Authorize MOTION: Authorize the Mayor to sign amendment number nine with BergerABAM in the amount of $29,989 for additional design services on the Lake Fenwick Floating Walkway Project, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: The floating walkway at Lake Fenwick Park is vital to the functionality of the park because it connects the bulkhead area and the East Ridge trail with the boat launch. In recent years, the rotting and sinking of the walkway has begun to accelerate. The original contract initiated design for a new Lake Fenwick Floating Walkway in the same footprint as the original that gave the city needed flexibility due to budget uncertainties. This amendment, in the amount of $29,989.00, picks up where the design work stopped and completes the permitting process. This will allow the parks department to move forward with this time sensitive work, replacing the existing structures as soon as funding becomes available. EXHIBITS: Amendment Number Nine RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Lake Fenwick Budget `I' s o.IN AMENDMENT NO. 9 NAME OF CONSULTANT OR VENDOR: BergerABAM CONTRACT NAME & PROJECT NUMBER: Lake Fenwick Floating Dock ORIGINAL AGREEMENT DATE: 6/15/2009 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: i Obtain geotechnical information for and design of the moorage system, completion of construction documents and extension of the schedule to allow completion of the additional scope. Federal, State and local permitting will be completed by the City and BergerABAM will provide figures suitable for the permit applications. Work will be completed as described in Exhibit "A" consultant's proposal. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $29,700 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $29,700 including all previous amendments Current Amendment Sum $29,989 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $56,689 AMENDMENT - 1 OF 2 Original Time for Completion July9,2009 (insert date) Revised Time for Completion under July 31, 2012 prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion July 31,2013 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. I All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. i The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. i IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. I CONSULTANT/VENDOR: CITY OF KENT: i By: By: (signature) (signature) Print Name: Print Name: Its Its (title) (title) DATE: DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) I Kent Law Department [In this field,you may enter the electronic tllepath where the rontraR has been sa,etl[ AMENDMENT - 2 OF 2 KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: July 3, 2012 SUBJECT: Wilson Playfield Project Agreement - Authorize MOTION: Authorize the Mayor to sign the agreement with Sports Install West for $29,689.40, plus Washington State Sales Tax, to complete maintenance repairs at Wilson Playfield, subject to review and approval by the City Attorney and the Parks Director. SUMMARY: This agreement will address projects at Wilson Playfields including: repair areas of settling in the perimeter track, replace the synthetic turf located at the north field soccer goal and south field pitching area that is worn from use, and replace the infield soil home plate area in the north field with synthetic turf. EXHIBITS: Public Works Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Parks Capital Budget - Park Lifecycle I>CENT i PUBLIC WORKS AGREEMENT between City of (Cent and Sport Install West THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Sport Install West organized under the laws of the State of Washington, located and doing business at 17823 162nd Ave. SE, Renton, WA (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: Scope of Work: Including prevailing wages. equipment. moblization, materials, and supplies. (1) Repair turf at upper field SB mound R8' circle, level sub base, reinstall existing rubber trays. (2) Level surface at sunken grades adjacent to vault on East edge of track and adjacent to fence at North edge of track, install new track material. (3) Romove and replace synthetic turf in soccer 6 yard box on the south end of the lower field including lines. (4) Replace dirt home plate area at lower field with synthetic turf (remove concrete curb and match existing site work). Note: Replacement turf shall not exceed 175 on gmax test upon installation. Conditions: Sport Install West shall have sole access to area during renovation, as described in the Scope of Services 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 by August 3, 2012. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Twenty Nine Thousand, Six Hundred Eighty Nine and 40/100, ($29,689.40), plus Washington State Sales Tax, 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 PUBLIC WORKS AGREEMENT - 1 (Over$1OK, under$35K, and No Performance Bond) 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 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. PUBLIC WORKS AGREEMENT - 2 (Over$10K, under$35K, and No Performance Bond) 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. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be 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. 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 PUBLIC WORKS AGREEMENT - 3 (Over$10K, under$35K, and No Performance Bond) 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 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 j 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. PUBLIC WORKS AGREEMENT - 4 (Over $10K, under$35K, and No Performance Bond) 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. i C. Contractor's Duty to Complete Protested Work. In spite of any claim, the is 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 PUBLIC WORKS AGREEMENT - 5 (Over$1OK, under$35K, and No Performance Bond) 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. 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. I 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. PUBLIC WORKS AGREEMENT - 6 (Over $10K, under$35K, and No Performance Bond) C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and 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. - PUBLIC WORKS AGREEMENT - 7 (Over$10K, under$35K, and No Performance Bond) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Kevin Dorney Garin Lee, Superintendent Sport Install West City of Kent 17823 162"d Ave. SE, 220 Fourth Avenue South Renton,WA 98058 Kent, WA 98032 (253) 856-5131 (telephone) (425)687-1560 (telephone) (253) 856-6120 (facsimile) (425)663-8300 (facsimile) APPROVED AS TO FORM: Kent Law Department I PUBLIC WORKS AGREEMENT - 8 (Over$IOK, under$35K, and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. I 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. I By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20_. - By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 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 I EEO COMPLIANCE DOCUMENTS - 2 I I it 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: i I EEO COMPLIANCE DOCUMENTS - 3 KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: July 3, 2012 SUBJECT: King County Flood Control District Subregional Opportunity Fund - Accept MOTION: Authorize the Mayor to accept $329,417 for the Horseshoe Bend Levee Project and $253,121 for the State Route 516 to S. 231st Way Levee Project from the King County Flood Control District Subregional Opportunity Fund, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: The King County Flood Control District (District) collects an annual levy from properties within King County. Through the District's Subregional Opportunity Fund, ten percent of the levy collected within each jurisdiction is granted back to the jurisdiction to be used for stormwater or habitat projects. In 2009 and 2010, the City requested its portion of the Opportunity Fund to be directed to the Horseshoe Bend Levee Project. This amounted to $329,417 over the two years. In 2011 and 2012, requests were made for the Opportunity Fund to be directed to the State Route 516 to S. 231st Way Levee Project. The amount over the two years is $253,121. The amount for 2009 and 2010 is higher because the Opportunity Fund for 2008, the first year the Opportunity Fund became available, was added to the 2009 allocation. EXHIBITS: None RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The Subregional Opportunity Fund will be included in the Stormwater Utility budget for the two Green River Levee projects. Total project costs to complete levee improvements on these reaches for levee accreditation purposes are estimated to be about $18 million. KENT Agenda Item: Consent Calendar — 7H TO: City Council DATE: July 3, 2012 SUBJECT: Bridge Inspection Agreement — Authorize MOTION: Authorize the Mayor to sign the 10-year bridge inspection agreement with the Washington State Department of Transportation for $22,277, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The city of Kent bridge inspection program is mandated by the Washington State Department of Transportation (WSDOT) and Federal Highway Administration (FHWA) to assure the safety of our bridges. In the past, Washington State has funded portions of the bridge inspection programs for local jurisdictions. However, due to budget limitations, the state has eliminated these funds. This agreement is to have the WSDOT Bridge Inspectors perform underwater bridge inspections and prepare reports for the two bridges the City owns over Soos Creek that require underwater inspection. These reports would be completed every three years starting this year. These reports are then submitted with our bridge files to WSDOT and FHWA. EXHIBITS: Bridge Inspection Agreement #GCB 1193, and Exhibits A & B RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Although this has impacted our operating budget, the overages will be covered from other line items. Overall budget impacts will not be affected. Bridge Inspection Local Agency and Address Agreement Name: City of Kent Public Works Address: 220 Fourth Avenue South City, State Zip: Kent, WA 98032 Agreement Number Exhibits GCB 1193 A. SCOPE OF WORK; B. COST RATES This Agreement is made and entered into by and between the Washington State Department of Transportation, hereinafter "WSDOT," and the above named entity, hereinafter "LOCAL AGENCY," collectively "Parties" and individually "Party." WHEREAS, the LOCAL AGENCY, on a periodic basis, has a need to have certain bridges under its jurisdiction and responsibility regularly inspected, and WHEREAS, WSDOT has the qualified personnel and equipment and is agreeable to performing the bridge inspection work as mutually agreed upon, NOW, THEREFORE, pursuant to RCW 47.28.140, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, and provisions contained herein, and the attached Exhibits A and B, which are by this reference made a part of this Agreement, IT IS HEREBY AGREED AS FOLLOWS: 1. GENERAL TERMS, SCOPE OF WORK, AND TERM 1.1 This Agreement provides the terms and conditions for WSDOT periodic bridge inspection work to be performed on LOCAL AGENCY-owned bridges at the LOCAL AGENCY's request and expense. The bridges to be inspected are listed in Exhibit A, Scope of Work. Also included in Exhibit A are the estimated hours to complete each type of inspection on each bridge and the next anticipated dates for their inspection. 1.2 The LOCAL AGENCY does not guarantee a minimum number of bridge inspection requests, and WSDOT does not guarantee the acceptance of any LOCAL AGENCY bridge inspection request(s). Should WSDOT decline to perform a requested bridge inspection for any reason, WSDOT shall not be liable for any costs incurred by the LOCAL AGENCY or damages incurred by any thud party related to WSDOT's decision not to perform a requested bridge inspection. 1.3 WSDOT, on behalf of the LOCAL AGENCY or in conjunction with the LOCAL AGENCY, may perform bridge inspection work for the LOCAL AGENCY upon request. Bridge inspection requests for bridges not fisted in Exhibit A shall be made in writing. Each request shall identify the bridge to be inspected and the type of inspection. WSDOT will respond in writing to the LOCAL AGENCY's request within fifteen (15) calendar days. WSDOT will identify the estimated time for the inspection and the estimated cost. Inspection dates will be mutually agreed upon by the Parties. 1.4 For bridge inspections where WSDOT provides the lead bridge inspector along with WSDOT equipment and an operator, WSDOT shall provide a draft bridge inspection report to the LOCAL AGENCY's Contract Administrator listed below. The LOCAL AGENCY shall have five (5) business days to review and comment upon the draft bridge inspection report prior to a final bridge inspection report being prepared by WSDOT. The final bridge inspection report shall be prepared within ten (10) business days after receipt of the LOCAL AGENCY's comments, if any. Business days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050 and any Party's furlough days. WSDOT agrees that the LOCAL AGENCY may use its own employee or the employee of another governmental agency to act as lead bridge inspector to work with WSDOT's equipment and operator. Should the LOCAL AGENCY choose to provide its own employee or an employee of another governmental agency to act as lead bridge inspector, the LOCAL AGENCY shall be solely responsible for preparing its own bridge report. The LOCAL AGENCY may not use private consultants as lead bridge inspectors, and in such cases, WSDOT shall not permit the use of its equipment and operators. Bill Thomas Street Superintendent WBThomas @kentwa.gov City of Kent Public Works Department 220 Fourth Avenue South, Kent, WA 98032 1.5 Traffic control, if needed, will be provided by the LOCAL AGENCY at its sole cost. Traffic control costs are not included in the WSDOT cost rates. 1.6 Term: This Agreement shall remain in effect for ten (10) years from the date of execution, at which time this Agreement shall automatically terminate, unless extended by written amendment according to the conditions in Section 3, Amendment, below. 2. BILLING AND PAYMENT 2.1 The LOCAL AGENCY agrees to reimburse WSDOT for actual direct and related indirect costs to perform the bridge inspection work as requested by the LOCAL AGENCY at the then current WSDOT cost rate. Upon completion of the work, WSDOT shall submit a detailed invoice, identifying the bridge(s) inspected, the inspection hours worked, the type of inspection, the rates to be applied, and the total amount due. 2.2 WSDOT's current billing rates are shown in Exhibit B, Cost Rates. It is anticipated that these rates will increase over the life of the Agreement, and the LOCAL AGENCY acknowledges and agrees that WSDOT shall bill its current rates at the time the bridge inspection work is performed. 2.3 The WSDOT may submit invoices at any time, but not more frequently than once per month. WSDOT shall send appropriately documented invoices for work completed to the following address: City of Kent Public Works Department Bill Thomas, Street Superintendent 220 Fourth Avenue South Kent, WA 98032 2.4 The LOCAL AGENCY agrees to reimburse WSDOT within thirty (30) calendar days from receipt of an adequately documented invoice. The LOCAL AGENCY shall remit all payments to the following address: Washington State Department of Transportation CASHIER P.O. BOX 47305 OLYMPIA, WA 98504-7305 2.5 The maximum amount payable by LOCAL AGENCY to reimburse WSDOT for all work performed during the term of this Agreement shall not exceed Twenty-Five Thousand Dollars ($25,000.00), unless this Agreement is amended per Section 3, Amendment. 3. AMENDMENT 3.1 The Parties may mutually amend this Agreement at any time. The amendments shall not be binding unless they are made in writing and signed by personnel authorized to bind each Party, prior to performing any of the bridge inspection work that would be covered by the amendment. 4. TERMINATION 4.1 Either Party may terminate this Agreement upon thirty (30) calendar days prior written notice to the other Party. If this Agreement is so terminated, the Parties shall be liable only for the performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination, including all non cancellable obligations. 5. LEGAL RELATIONS 5.1 WSDOT's relation to the LOCAL AGENCY shall be at all times as an independent contractor. Further, WSDOT shall perform the work as provided under this Agreement solely for the benefit of the LOCAL AGENCY and not for any thud party. 6. INDEMNIFICATION 6.1 The Parties shall protect, defend, indemnify, and hold harmless each other and their employees and/or authorized agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, each Party's obligations to be performed pursuant to the provisions of this Agreement. The Parties shall not be required to indemnify, defend, or hold harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the negligence of the other Party; provided that, if such claims, suits, or actions result from the concurrent negligence of (a) the WSDOT, its employees and/or authorized agents and (b) the LOCAL AGENCY, its employees or authorized agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of each Party, its employees and/or authorized agents. 6.2 The terms of this Section shall survive termination of this Agreement. 7. DISPUTE RESOLUTION 7.1 In the event that a dispute arises under this Agreement, it shall be resolved as follows: WSDOT and the LOCAL AGENCY shall each appoint a member to a disputes board. These two members shall select a thud board member not affiliated with either Party. The three-member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. An attempt at such dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing of any litigation concerning the dispute. Each Party shall be responsible for its own costs and fees and agree to equally share in the cost of the thud disputes board member. 8. VENUE AND ATTORNEYS FEES 8.1 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any action or proceeding shall be brought in a court of competent jurisdiction situated in Thurston County, Washington. Further, the Parties agree that each shall be solely responsible for payment of its own attorneys fees, witness fees, and costs. 9. RIGHT OF ENTRY 9.1 The LOCAL AGENCY hereby grants to the WSDOT a right of entry upon all land in which the LOCAL AGENCY has interest, within or adjacent to the right of way of the bridge to be inspected for the purpose of accomplishing the work described in this Agreement. Such right of entry shall commence upon execution of this Agreement and shall continue until termination of this Agreement under any applicable provision. 10. SEVERABILITY 10.1 If any terms or provisions of this Agreement are determined to be invalid, such invalid term or provision shall not affect or impair the remainder of the Agreement, but such remainder shall remain in full force and effect to the same extent as though the invalid term or provisions were not contained in the Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date signed last by the Parties below. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION City of Kent Signature Date Signature Date Harvev L. Coffman Printed Name Print Name Bridge Preservation Engineer Title Title Approved as to Form by: /s/ 2/9/2012 Signature Date Ann E. Salav Printed Name Assistant Attorney General � 46 ! \\\\\ \\ \ \\\\\ \ } } \ } 0 } " } Exhibit'B' Bridge Inspection Cost Rate Summary Regular Overtime Hourly Hourly TYPE OF INSPECTION Cost Rate Cost Rate UBIT INSPECTION 1 Bucket Operator&1 UBIT Driver $588.00 $620.00 Excludes Lead Inspector NO PER DIEM&LODGING/DAY TRIP UBIT INSPECTION 1 Bucket Operator&1 UBIT Driver $615.00 $647.00 Excludes Lead Inspector REGULAR COST PER DIEM&LODGING UBIT INSPECTION 1 Bucket Operator&1 UBIT Driver $620.00 $652.00 Excludes Lead Inspector MEDIUM COST PER DIEM&LODGING UBIT INSPECTION 1 Bucket Operator&1 UBIT Driver $630.00 $666.00 Excludes Lead Inspector HIGH COST PER DIEM&LODGING UBIT INSPECTION 1 Lead Inspector,1 Co-Inspector&1 UBIT Driver $821.00 $873.00 NO PER DIEM&LODGING/DAY TRIP UBIT INSPECTION 1 Lead Inspector,1 Co-Inspector&1 UBIT Driver $863.00 $915.00 REGULAR COST PER DIEM&LODGING UBIT INSPECTION 1 Lead Inspector,1 Co-Inspector&1 UBIT Driver $870.00 $922.00 MEDIUM COST PER DIEM&LODGING UBIT INSPECTION 1 Lead Inspector,1 Co-Inspector&1 UBIT Driver $890.00 $902.00 HIGH COST PER DIEM&LODGING ROUTINE INSPECTION DECK/TU NNEL/FERRY TERMINALS $476.00 $512.00 1 Lead Inspector&1 Co Inspector NO PER DIEM&LODGING/DAY TRIP ROUTINE INSPECTION DECK/TU NNEL/FERRY TERMINALS $500.00 $500.00 1 Lead Inspector&1 Co Inspector REGULAR COST PER DIEM&LODGING ROUTINE INSPECTION DECK/TU NNEL/FERRY TERMINALS $509.00 $505.00 1 Lead Inspector&1 Co Inspector MEDIUM COST PER DIEM&LODGING ROUTINE INSPECTION DECK/TU NNEL/FERRY TERMINALS $522.00 $558.00 1 Lead Inspector&1 Co Inspector HIGH COST PER DIEM&LODGING Notes: Fiscal Year 2012 Federal Indirect Cost Rate of 10.01%will be added to Invoices Hourly Cost Rates Includesthe bridge insepction report Hourly Cost Rates Do Not Include Traffic Control 3/1 N20128:50 AM Exhibit 'B' Underwater Bridge Inspection Cost Rate Summary BPO Underwater Bridge Inspection Program Based on hours on site plus flat rate for report Rates effective 8/1/2011 Cost Per Dive Inspection Hour (on-site hours) $1,420 4-man dive team (most State structures) $1,065 3-man dive team (For most Local Agency Bridges) Cost Per Dive Inspection Report $1,800 State Bridges $2,400 WSF Ferry Terminals $1,200 LA and Other Agreements External to WSDOT Notes: Fiscal Year 2012 Federal Indirect Cost Rate of 10.01% will be added to Invoices 1/26/2012 8:51 PM KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: July 3, 2012 SUBJECT: Goods and Services Agreement for Two Generators - Authorize MOTION: Authorize the Mayor to sign the goods and services agreement with Cummins Northwest, LLC to purchase two (2) standby generators in an amount not to exceed $37,757.79, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: These generators would replace two existing generators that supply emergency power for Supervisory Control and Data Acquisition (SCADA) radio repeater sites. The radio repeaters pick up radio signals from remote equipment and send the information back to the main Control Center. The repeater sites are located on water tanks, pumps and treatment equipment on the East and West hills and are required to transmit and receive critical operational information for 45 remote water, sewer and storm stations. During power outages, critical information still needs to be transmitted to the Control Center in order to ensure water delivery. These generators will enable the SCADA equipment to work reliably. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The funds to purchase the two generators will come from the maintenance and construction supply accounts and are distributed as follows: Water $12,585.93 (33.3%) Sewer $12,585.93 (33.3%) Storm $12,585.93 (33.3%) KENT w.a o,a" GOODS & SERVICES AGREEMENT between the City of Kent and Cummins Northwest, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Cummins Northwest, LLC., organized under the laws of the State of Washington, located and doing business at 811 SW Grady Way, Renton, WA 98055, (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Scope of Work: Vendor shall supply (2) two complete packaged standby generation systems to the City of Kent. All service and deliverables shall comply and conform to specifications described within Exhibit A. Exceptions to Exhibit A shall be described within Exhibit C. 12.1 KW Standby Generator Set Specification shall be referred to as Exhibit A. Specification fallow up questions to supplier shall be referred to as Exhibit B Exceptions to Generator Specifications described within Exhibit A shall be referred to as Exhibit C. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 315t 2012. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $37,757.79 including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) The City shall pay supplier in full upon the following: • Satisfaction of Section 4.0 (A)(B)(C) within Exhibit A • Receipt of full invoice amount If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an Independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and S. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. The Vendor shall correct all defects in workmanship within ninety (90) days from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend according to the manufacturer's warranty. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit D attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. 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. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 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 XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. Vendor's sales order terms & conditions are incorporated herein, by reference, to the extent they are not in conflict with this Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: � By: rr (signature) (signature) Print Name: Print Name: Suzette Cooke Its C�o Its_ Mayor (uu DATE: 9 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Cummins Northwest, LLC Tim LaPorte, Public Works Director City of Kent 811 S.W. Grady Way 220 Fourth Avenue South Renton, WA 98055 Kent, WA 98032 (253) 856-5500 (telephone) 425-235-3400 (telephone) (253) 856-6500 (facsimile) 425-235-8202 (facsimile) APPROVED AS TO FORM: Kent Law Department [In Nis field,yea may enter the electmnlc❑lepath where the contract has been saved) GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) 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. S. 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 /'.St- day of /f..) +tires_ � U ay ram.j � By: � For: L /_ C Title: R Date: Jrowx_ De EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps; 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. 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 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Exhibit A CITY OF KENT,WASHINGTON 12.1 KW STANDBY GENERATOR SET SPECIFICATION DESCRIPTION 1.0 General Provide a complete packaged standby generation system for automatic standby power to the City of Kent. Provide a diesel powered engine generator set, sound attenuated enclosure, battery charger, batteries, sub-base fuel tank, and all electrical and other appurtenances necessary for a complete and functioning system. The unit shall be installed on a welded steel frame within a sound attenuated enclosure with the ability to be mounted on a double wall steel sub-base fuel tank that can in itself be anchored to a concrete base. The generator shall be powered by a diesel engine with documented compliance to current EAP Tier 4 emission standards. The generator shall have well documented warning and instructions so as to highlight electrical hazard and operation indications using internationally recognized ISO symbols. MATERIALS 1.1 CODES AND STANDARDS. The generator set shall conform to the requirements of the following codes and standards: A. ISO 8528 G1lG2 (International Standardization Organization) B. IEC60034-1 (International Electro technical Commission) C. EN61000-6(Electromagnetic Compatibility) D. NEMA MG-1-22(National Electrical Manufacturers Association)—Motors and Generators E. IEC60034(International Electro technical Commission) F. C22.2 No. 100(Canadian Electrical Code) G. UL142(Underwriters Laboratories)—Fuel Tank Construction H. NFPA 70, NFPA 99 and NFPA 110. I. IBC Certification (International Building Code) J. UL 2200 (Underwriters Laboratories)—Standard for Stationary Engine Generator Assemblies. 1.2 REQUIREMENTS AND CODES. The equipment supplied shall meet the applicable requirements of the NEC and all applicable local codes and regulations. The generator set shall be constructed completely of all new components of current production. The supplier of the diesel engine must be the same entity as the generator packager and have a minimum of 25 years of equipment manufacturing experience.The source packaging facility must be certified to ISO9001 standards. 1.3 SUBSTITUTION. Approved Manufacturers are Caterpillar or Cummins. No exception or proposed equivalents will be accepted, permitted, or considered. 1.4 SUBMITTALS. Bidder shall include the following submittal information as part of bid package. Exhibit A A. Shop Drawings: Indicate electrical characteristics and connection requirements. Include plan and elevation views with overall and interconnection point dimensions, fuel consumption rate curves at various loads, ventilation and combustion air requirements, electrical diagrams including schematic and interconnection diagrams. B. Product Data: Submit data showing UL listing, dimensions,weights, rating, interconnection points, and internal wiring diagrams for engine, generator, enclosure, control panel, battery, battery charger, block heater, exhaust silencer,vibration isolators. C. Manufacture's Warranty Statement D. Test Report: Indicate results of performance testing E. Manufacturer's Field Report: Indicate inspections,findings, and recommendations. 1.5 WARRANTY. The generator set warranty period shall be a minimum of 24 months and 1000 hours for standby applications.All terms begins after date of delivery to the first user. 1.6 QUALIFICATIONS AND SERVICE. The engine-generator supplier shall maintain 24-hours parts and service capability within 15 miles of the buyer's location. The distributor shall stock parts as needed to support the generator set package for this specific project. The supplier must carry sufficient inventory to cover no less than 80% parts service within 24 hours and 95%within 48 hours. The supplier shall provide factory certified electric power service technicians. 1.7 MATERIALS AND PARTS. All materials and parts comprising the unit shall be new and unused. 2.0 STANDBY GENERATOR. The generator set shall be a Caterpillar/Cummins with a PMG excitation alternator. It shall provide Standby 12.1 kW 1.0 power factor. The generator set shall be capable of this rating while operating in an ambient condition 40°C degree. 2.1 ENGINE-GENERATOR RATING. A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be considered are limited to the following: 1. Caterpillar Power Generation 2. Cummins Power Generation. B. Standby power 12.1 KW/12.1 KVA, 240/120V, 1-Phase, 3-Wire, 60Hz. C. Fuel System: No.2 diesel fuel oil. D. Engine Speed: 1800 RPM. E. Insulation Class: H F. Temperature Rise: 150°C Standby E. Safety Devices: Engine shutdown on high water temperature, low water level, low oil pressure, over speed, and engine over crank. F. Engine Starting: DC starting system with positive engagement, number and voltage of starter motors in accordance with manufacturer's instructions. Furnish remote starting control circuit, with MANUAL-OFF-REMOTE selector on engine-generator control panel. Exhibit A G. Engine Jacket Heater: Thermal circulation type water heater with integral thermostatic control, sized to maintain engine jacket water heater 90°F, and suitable for operation on 120VAC, H. Generator set shall be designed to operate at a maximum ambient temperature of 45C and altitude of 1000 feet. I. Standby power output ratings shall be defined per ISO8528 as delivering an average load factor of the standby power rating with varying load for an unlimited (Standby) number of hours per year with a permissible 10% overload capability for standby emergency purpose for 1 in 12 hours. 2.2 ENGINE. The engine shall be a turbocharged, four-cycle, 1.5 liter displacement diesel engine. It shall be water- cooled and operate with nominal speed not exceeding 1800 RPM. The Brake Mean Effective Pressure (BMEP) shall not exceed 145.5 psi for operating at the prime power rating. The engine will utilize in- cylinder combustion technology, as required, to meet applicable EPA non-road mobile regulations for compression ignition engines. Actual engine emissions values must be in compliance with applicable EPA emissions standards per ISO 8178—D2 Emissions Cycle at specified ekW/bHP rating. Utilization of the"Transition Program for Equipment Manufacturers" (also known as"Flex Credits")to achieve EPA certification is not acceptable. Emissions requirements/certifications of this package: EPA Tier 4. The engine will be equipped with an isochronous electronic governor, compliant with ISO3046 Class Al providing steady state speed regulation to=/-0.25%. 2.3 GENERATOR The generator shall be screen protected and drip-proof, permanent magnet, self-regulating, brushless generator with fully interconnected damper windings, IC06 cooling system and sealed-for-life bearings. A 213 pitch factor is standard on all stator windings. Voltage output shall be 240/120 volt 1-phase. The generator shall be UL listed 2.3.1 INSULATION SYSTEM The insulation system shall be Class H with windings impregnated in a triple dip thereto-setting moisture, oil and and resisting polyester varnish plus a heavy coat of anti-tracking varnish for additional protection against moisture or condensation. 2.3.2 ELECTRICAL CHARACTERISTICS Electrical design in accordance with BS5000 Part 99, IEC60034-1, EN61000-6, NEMA MG-1.22. 2.3.3 AUTOMATIC VOLTAGE REGULATOR(AVR) The fully sealed automatic voltage regulator shall maintain the voltage within the limits of±0.5% at steady state from no load to full load. Nominal adjustment shall be by means of a trimmer incorporated in the AVR. The panel door shall also incorporate an additional voltage adjustment potentiometer. 2.3.4 PERMANENT MAGNET GENERATOR The generator shall be equipped with a permanent magnet for excitation and providing 350% short circuit capabilities, enhanced motor starting and non-linear loading performance. 2.3.5 WAVEFORM DISTORTION,THE AND TIF FACTORS The total distortion of the voltage waveform with open circuit between phases or phase and neutral shall be in the order of 1.8. 2.3.6 RADIO INTERFERENCE Suppression shall meet all of the requirements of EN61000-6. 2.3.7 ANTI-CONDENSATION HEATERS Exhibit A 120VAC anti-condensation heaters shall be installed in the generator. The heater control circuitry shall automatically shut the heaters off when the generator set starts. 3.0 COMPONENTS AND SYSTEMS The generator shall be provided with the following: A. Circuit Breaker: One 2-pole MCCB with solid neutral (3-Wire). UL/CSA listed with shunt trip integral trip unit for thermal and magnetic overload protection on MCCB. B. Block Heater:A 120 VAC Engine block heater,thermostatically controlled and sized to maintain manufacturers recommended engine coolant temperature to meet the start-up requirements of NFPA-99 and NFPA-110, Level 1. C. Air Restriction Kit Air cleaner restriction indicator to indicate the need for maintenance of the air cleaners. D. Generator Heater sized to prevent condensation in the generator. Generator heater shall not be energized when the generator is running. E. Run Relay: Run Relay to provide a three-pole, double-throw relay with 10 amps at 120VAC contacts for indicating that the generator is running. 3.1 EXHAUST SYSTEM A complete exhaust system which includes an internally mounted critical silencer with flexible connector with vertical exhaust discharge and weather flapper assembly shall be provided. No site installation of exhaust components shall be required. A. Muffler/Silencer: Critical grade type, sized as recommended by engine manufacturer and selected with exhaust piping system to not exceed engine manufacturer's engine backpressure requirements. B. Sound level measured at a distance of 10 feet (3 m) from exhaust discharge after installation is complete shall be 95 dBA or less 3.2 START/STOP CONNECTIONS One two-wire set of remote start connection terminals shall be provided. 3.3 CONTROL PANEL Supplier shall provide a set mounted EMCP4.2 auto start panel in a vibration isolated NEMA 1 sheet steel enclosure with a hinged lockable door and viewing window for monitoring when the door is closed. The panel shall be collocated behind a common door with the distribution panel. The control panel shall include the following: 1. Manual run/off/auto switch 2. Panel light ON/OFF switch 3. Red emergency exterior stop pushbutton 4. Lamp test/reset pushbutton 5. AC instrumentation: 1-voltmeter, 1-ammeter, 1-frequency, digitally displayed and selectable thru controller. 6. Engine display for: oil pressure, coolant temperature, battery volts, digitally displayed and selectable thru controller. 7. Hours run meter digitally displayed thru controller 8. Voltage adjust potentiometer 9. Critical Shutdowns listed below shall be provided and digitally displayed on control panel. Dry normally open contacts shall be provided for each alarm listed Exhibit A High coolant temperature Low coolant level, Low oil pressure, Over crank, Overspeed, Charging system failure, 12. Additional alarms shall be provided for fuel tank. Dry normally open contacts shall be supplied for each: Low fuel level at 25%of tank capacity/fuel tank leak 13. Printed circuit board control logic 14. Auto-start capability 15. Cycle cranking with 3 adjustable time crank/rest periods 16. Battery charger, frame or wall mounted UL Listed 6.6 Amp, Constant Voltage 3.4 FUEL SYSTEM A. Sub-Base Tank: Comply with UL142, factory-installed sub-base fuel tank assembly, with the following features: 1. Containment: Integral rupture basin with a capacity of 150 percent of nominal capacity of day tank. 2. Leak Detector: Locate in rupture basin and provide dry alarm contacts to alarm in the event of day-tank leak. 3. Tank Capacity: As recommended by engine manufacturer for an uninterrupted period of 72 hours operation at 100 percent of rated power output of engine-generator system without being refilled. 4. Low-Level Alarm Sensor: Liquid-level device operates alarm contacts at 25 percent of normal fuel level. 5. Piping Connections: Factory-installed fuel supply and return lines from the tank to the engine; local fuel fill with pad-lockable spill containment basin, vent line, overflow line; and tank drain line with shutoff valve. 6. A lockable fuel fill with integrated pad-lockable spill protection containment and mechanical reading fuel level gauge shall be provided. A low fuel level alarm contact(fuel tank rupture alarm contacts) shall be provided. 7. A manual fuel priming pump integrated into the fuel filter shall be provided. 8. Containment Provisions and Venting: Comply with requirements of Authorities Having Jurisdiction and the IFC. 3.5 LUBE SYSTEM The lube system shall come complete with spin-on lube oil filters, lube oil cooler, crankcase breather with collection assembly, and lube oil. The oil drain lines shall be routed to the base of the unit and designed to fully drain outside of frame, include valves to simplify the oil change process. 3.6 STARTING SYSTEM The starting system shall consist of a 12V system with 10A battery charging alternator, and starter motor on engine.A 12V Cat brand heavy duty maintenance free, battery rack, and cables on the generator set base frame shall be provided. A UL and CSA Listed 6.6 Amp 120 VAC battery charger shall be wall or frame mounted. 3.7 COOLING SYSTEM Exhibit A The generator set shall come with a vertical discharge, cooling system designed to provide 43°C ambient capability. The package mounted, cooling system shall be complete with radiator, blower fan, fan drive, drive guard, belt guards and shall ship from the factory with a 50%coolant antifreeze solution with corrosion inhibitor. The cooling system shall also include a coolant level reservoir/sight gauge and coolant drain line routed to the exterior of the package with shutoff valve. 3.8 JACKET WATER HEATER A 120 VAC, thermostatically controlled coolant heater shall be provided to ensure specified engine start capability under cold environmental conditions.The coolant heater shall be protected by a fuse in the control panel and the AC supply shall be disconnected automatically upon engine start. The coolant heater shall be compatible with all approved engine coolant additives(optional). 3.9 SOUND ATTENUATED ENCLOSURE The fully sound attenuated enclosure shall provide sound attenuation of 62dBA at 23ft(7m). The enclosure shall be painted with a factory standard coating and center lifting arch(fitting) capable of lifting and supporting the full weight of the generator. Enclosure construction shall incorporate the following features: 1. 12 gauge sheet steel components pretreated with zinc phosphate prior to polyester powder coating at 2000 C (3920 F). 2. Black stainless steel pad-lockable latches. 3. Zinc die cast hinges/grab handles. 4. Maintenance access doors for fluids access. 5. Left and Right side doors for generator set compartment access. G. Front panel for air discharge box access. 7. Lube oil and cooling water drains piped to exterior of the enclosure. 8. Safety glass control panel viewing window in a lockable access door providing full view of control panel. 9. Cooling fan and battery charging alternator fully guarded. 10. Battery reachable only through lockable access doors. II. Tested and certified single point lifting eye. 12. Lifting points on base frame. 13. Sub base tank fueling shall be done from outside the footprint of the sound attenuated enclosure. 4.0 SOURCE QUALITY CONTROL A. Prototype Testing: Factory test engine-generator set using same engine model, constructed of identical or equivalent components and equipped with identical or equivalent accessories. B. Tests: Comply with NFPA 110, Level1 Energy Converters and with IEEE 115. 1. Project-Specific Equipment Tests: A. The generator unit and sub-base tank shall be drop shipped to the supplier. And before shipment to the customers site, supplierwill test the packaged engine- generator and all system components and accessories manufactured specifically for this Project. Perform tests at rated load and power factor. Include the following tests: 1. Test components and accessories furnished with installed unit that are not identical to those on tested prototype to demonstrate compatibility and reliability. 2. Full load run. 3. Maximum power. 4. Voltage regulation. 5. Transient and steady-state governing. 6. Single-step load pickup. Exhibit A 7. Safety shutdown. 8. Operation of motorized dampers and other environmental controls. 9. Provide 14 days'advance notice of tests and opportunity for observation of tests by Owner's representative. 10. Report test results within 10 days of completion of test and prior to delivery. B.Delivery Generator supplier shall make provisions to deliver complete generator package to the City of Kent job site.The City shall give the supplier one weeks' notice prior to needed delivery date. Supplier will be required to lift and set complete generator package including sub-base tank on City supplied pad for anchoring. The Job site will be located within the Kent City limits. B.After installation at the site,test engine-generator and other system components and accessories for functional operation. 1. If batteries are removed and shipped separately or drained for shipment, perform all battery tests after installation on site. 2. Report and repair any operational deficiencies found during on-site tests. 3. Coordinate on-site generator tests with on-site testing of transfer switches. C. Test components and accessories furnished with installed unit that are not identical to those on tested prototype to demonstrate compatibility and reliability. 4.1 CLOSEOUT SUBMITTAL A. The City set shall be provided with two(2)sets of Operation and Maintenance manuals which will include cut sheets of all optional components, B. Submit instructions and service manuals for normal operation, routine maintenance, oil sampling and analysis for engine wear, and emergency maintenance procedures. Exhibit B Timothy J. LaPorte, P.E., Director OPERATIONS DIVISION David Brock, Acting Manager KE O T Phone: 253-856-5600 W gSHIN GTGN Fax: 253-856-6600 Mailing Address: 220 Fourth Avenue South Kent, WA 98032-5895 Location Address: 5821 South 240th To: Dennis Tarr From: Kevin R. Swinford, Water Facilities Supervisor Date: April 27t" 2012 Re: Recent Generator Submittal Dennis, Please provide the following information as previously listed within the bid specifications and/or answer clarifying questions regarding the proposed generator package submitted to the City of Kent as part of the recent hnvitation to Bid for(2)two 12.1KW standby generation units. Please provide comments back to me no later than Wednesday May 2id. 1. 1.4 Submittals Shop Drawings: Connection requirements. Include plan and elevation views with overall and interconnection point dimensions. Electrical diagrams including schematic and interconnection diagrams. To include: Diagrams for engine, generator, enclosure, control panel, battery, battery charger, block heater, exhaust silencer, vibration isolators. To include dimensional requirements for concrete mounting pad and showing required conduit locations to meet proposed unit. 2. 1.5 Warranty Can Cummins comply with the following? The generator set warranty period shall be a minimum of 24 months and 1000 hours for standby applications. All terms begins after date of delivery to the first user. 3. 2.3.4 Permanent Magnet Generator Please explain the lack of PMG and oversized submittal 4. 3.3 Control Panel Will proposed Power Command 1.1 provide the following? • Hinged lockable door and viewing window on enclosure for monitoring when the door is closed. The panel shall be collocated behind a common door with the distribution panel. • Panel light ON/OFF switch • Red emergency exterior stop pushbutton • Critical Shutdowns listed below shall be provided and digitally displayed on control panel. Dry normally open contacts shall be provided for each alarm listed. Exhibit B High coolant temperature Low coolart level, Low oil pressure, Over crank, Over speed, Charging system failure 5. 3.4 Fuel System Please provide shop drawings of proposed sub-base fuel tank to include electrical requirements. Will proposed sub-base tank meet the following requirements as stated in the specifications? • Containment: Integral rupture basin with a capacity of 150 percent of nominal capacity of day tank. • Leak Detector: Locate in rupture basin and provide dry alarm contacts to alarm in the event of day-tank leak. • Tank Capacity: As recommended by engine manufacturer for an uninterrupted period of 72 hours operation at 100 percent of rated power output of engine-generator system without being refilled. • Low-Level Alarm Sensor: Liquid-level device operates alarm contacts at 25 percent of normal fuel level. • Piping Connections: Factory-installed fuel supply and return lines from the tank to the engine; local fuel fill with pad-lockable spill containment basin, vent line, overflow line; and tank drain line with shutoff valve. • A lockable fuel fill with integrated pad-lockable spill protection containment and mechanical reading fuel level gauge shall be provided. A low fuel level alarm contact (fuel tank rupture alarm contacts) shall be provided. • A manual fuel priming pump integrated into the fuel filter shall be provided. • Containment Provisions and Venting: Comply with requirements of Authorities Having Jurisdiction and the IFC. 6, 4.0 Source Quality Control Will Cummins comply with the listed standard specifications ? 7. As provided within the bid documents is a Goods and Services Agreement to be used between the City of Kent and the vendor. Is Cummins NW willing to enter into this agreement for the purchase of equipment and services described within the bid document? Office (253) 856-561.3 Cell (253) 740-6590 Exhibit C Northwest 4/30/2012 To: Kevin R. Swinford, Water Facilities Supervisor City of Kent, WA Subject: Request for Generator Submittal Clarifications Letter Dated 4/27/12 Dear Kevin Thank you for this opportunity to clarify our proposal and submittal information. 1. 1.4 Submittals Drawings are attached for your review as items: Item # 1. Schematic 2. Interconnect 3. Engine package 4. Generator end only 5. Control panel 6. Battery 7. Battery Charger (Shipped loose) 8. Block heater 9. Exhaust silencer (internally mounted) 10.Vibration isolators 11.EPA Certification 12.Alternator Heater 2. 1.5 Warranty Cummins 2 year Emergency Standby Warranty is 2 years or 400 hours whichever comes first. Our hours are per the EPA restrictions allowed for running an Emergency Standby Generator system. See attached Limited Warranty statement A0281-1870 Issue C 3. 2.3.4 Permanent Magnet Generator Cummins PMG exciter systems are not available until we reach 35KW. PMG systems give a 300% over current for up to 10 seconds. Currmns Northvvmt LLO Service 1-wations:Alaska-Amhage;Montana-MissWa; 811 Southmst Grady Way(OW,5i7-2944) Oregm-Goburg,Mecftd,Pundletan,Palfaid,Portland Diekbution Qniler; PC)rr x 9811 Washington-C'hehaiis,Renton,Sp)kane,Yakima Renton,WA QW57-30W Rime 425 295 34XJ Fax 425 23613202 cuminInsxprthwest.com Exhibit C Northwest If you take the requested size of 12.1 KW ampere rating of 50.4 ampere (@240V) times 300% it gives you 151.2 ampere for 10%. Whereas our unit at 15 KW or 62.5 amperes with a 250% over current for 10 seconds will give you 156.25 amperes which is better than the PMG for the 12/1 KW Caterpillar set. That's why I went with our 15 KW set. 4. 3.3 Control Panel • Our controller is located under a removable cover for ease of viewing. The hinged doors have a tendency of vibrating a nd destroying the hinges and causing damage to internal parts. • Panel light is not available due to the fact our panel is back lit so that all control functions are visible at all times without a panel light. • Emergency Stop switch has been added as an option see item K796-2 in generator features and options of quote. • See Power Command 1.1 control system list of Protection on page 4 of 6. The following is included with indication: 1. Overspeed 2. Low lube oil pressure warning/shutdown 3. High lube oil temperature warning/shutdown 4. High engine temperature warning/shutdown 5. Low coolant temperature warning 6. Sensor failure indication 7. Low and high battery warning 8. Weak battery warning 9. Fail to start (overcrank) shutdown 10. Fail to crank shutdown 11.Cranking lockout 12.High AC voltage shutdown 13.Low AC voltage shutdown 14.Overcurrent Warning/shutdown 15.Under frequency shutdown 16.Over frequency shutdown/warning 17.Loss of sensing voltage shutdown 18. Filed overload shutdown As you can see our control panel offers far more protection than any other panel of same value. Cummins hbdbNest,LLQ Service Lecatbm Alas!Q-Arlctwrge;Mariana-Missoula; 811 8,xAllwte t t7raely Way(98067-2PA i) {reqon-Coturg,Mocifor 9,Pendetm,Portlano.Poramyi asweut n cerrter, PO Box 9811 WaslItCglon-Chehalis,Renton,Spokano,Yakima Renton,WA 98057-8000 R-tom 426 235 3400 rex 425 235 8202 cummir><;nwrt7w©sl.ram Exhibit C Northwest • Fuel tank is UL 142 listed rupture basis will hold contents of the tank plus the normal volume of any normal expansion as required by UL142 • Rupture basin has a leak alarm, wired to generator alarm system • Tank capacity is rated at 140 gallons divided by full output of 12.1 (spec requirement) approx 1.25 GPH or 112 hours of operation at full load • Low level alarm is wired to control panel for alarm condition, set at factory standard • Per UL 142 the main tank cannot have a drain. However the rupture basin does have a drain and will be equipped with a pipe plug. Due to liability concerns Cummins NW will supply a drain value loose, if the customer wants to install. • The tank has a lockable fill with spill 5 gallon fill spill bucket. The tank has as standard a mechanical fuel level gauge. The Leak alarm is addressed in second item of this section • All Cummins engine are equipped with manual priming pump. • A normal vent 12' above grade will be supplied loose for installation on site for each tank. 6 4.0 Source Quality Control Cummins NW will perform all required items except the item #8 there are not motorized dampers supplied in this proposal. All louvers are fixed. I trust that we have answered all your questions, and we look forward to supplying these two generators to City of Kent. Regards, Dennis Tarr Industrial Power Generation Cummins Writmost LLC --WAoa Locations:A!aska-Arc",e;Montana,Missoula; 811 9(x4th vast Grady Way(98057-2944) Oregon-Coburg,KWad,Pordotan,Pod uid,Pcj&nd D1Wbution Center; - PO BOX 9811 washi-glai-Chehalis,Renton,tar *a o,Yakima Benton,WA 7-3000 Phaza 426 MENU) Fee 425 235 6202 curnminsrtathwast.com Exhibit D INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS 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 Llabilu 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. Commercial General Liabillt" 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. The City shall be named as an Insured under the Contractor'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. 2. 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: 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. Exhibit D C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The 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. D. Acceptability of Insurers Insurance Is to be placed with Insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage 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 insurance requirements of the Contractor before commencement of the work. F. 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. A P CERTIFICATE OF LIABILITY INSURANCE 6i4i2`oi2°I" 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 CONTACT NAME: Eric Hebe Addis Group Inc PHONE FAX 2500 Renaissance Blvd A/C,No EM:610-279-8550 A/C,No):610-279-8578 Suite 100 ADDRESS: ehebe@theaddisgroup.com King of Prussia PA 19406-2772 PRODUCER CUSTOMERIDN: CUMNW-1 INSURER(S)AFFORDING COVERAGE NAIC* INSURED INSURERA:Znrich American Insurance Co. 16535 Cummins Northwest, LLC Mr. Richard Stillmock INSURER B:American Guarantee & Liabilitv 26247 4711 N. Basin Avenue INSURERS: Portland OR 97217 INSURERD: INSURERE: NSURERF: COVERAGES CERTIFICATE NUMBER:1164730879 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 rypE OF INSURANCE POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MMIDDNYYY MMIDDNYYY LIMITS A GENERAL LIABILITY Y SIT 4783698-00 3/1/2012 3/1/2013 EACH OCCURRENCE $1,004000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ed occurrence $1,000,coo CLAIMS-MADE OCCUR MED FAR(Any one person) $10.,coo PERSONAL&ADS INJURY $1,004000 GENERAL AGGREGATE $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMP/OPAGO $2,000,000 POLICY X PRO- LOC $ JECT A AUTOMOBILE LIABILITY Y BAP4783699-00 3/1/2012 3/1/2013 COMBINED SINGLE LIMIT $1 000 coo (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIREDAUTOS (Per accident) $ NON-OWNED AUTOS $ B X UMBRELLA LIAB X OCCUR ZUP-14PG0374-12-NF 3/1/2012 3/1/2013 EACH OCCURRENCE $5,000,000 EXCESSLIAB CLAIMS-MADE AGGREGATE $5,000,000 DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION WC 4783697-00 3/1/2012 3/1/2013 WCSTATU- OTH- AND EMPLOVERS'LIABILITY YIN TORV LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,004coo OFFICER/MEMBER EXCLUDED? NIA (Mandai in NH) ELDISEASE-EAEMPLOYEE $1,000,000 Hype describe under DESCRIPTION OF OPERATIONS below FIT.DISEASE-POLICY LIMIT $1,000,000 A PROPERTY CPR 4613143 00 3/1/2012 1/1/2013 REAL PROPERTY 28,992,000 PERSONAL PROPERTY 33,817,732 BUSINESS INCOME 41,856,535 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The City of Kent is recognized as additional insured on all policies except Workers Compensation on a primary and non-contributory basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 Fourth Avenue South Kent WA 98032 AUTHORIZED REPRESENTATIVE ,,ter. ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Additional Insured — Automatic — Owners, Lessees Or Z U RIC W Contractors Policy No. Eff. Date of Pol. I Exp. Date of Pol. I Eff. Date of End. I Producer No. AWL Prem Return Prem. GLO4783698 03/01/2012 03/01/2013 03/01/2012 ADDIS N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: CUMMINS NORTHWEST, LLC Address (including ZIP Code):4711 N. BASIN AVENUE PORTLAND, OR 97217 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II—Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I - Coverage A - Bodily Injury And Property Damage Liability and Section I - Coverage B - Personal And Advertising Injury Liability, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement, performed for the additional insured person or organization. C. However, regardless of the provisions of Paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy, or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement, and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy, or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, and 2. Supervisory, inspection, architectural or engineering activities. U-GL-1175-C CW(07/10) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence"or offense that may result in a claim, 2. We receive written notice of a claim or"suit' as soon as practicable, and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U-GL-1175-C CW(07/10) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. POLICY NUMBER:GLO 4783698-00 COMMERCIAL GENERAL LIABILITY C G 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): ALL PROJECTS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences"under Section I —Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I —Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A,except General Aggregate Limit shown in the damages because of"bodily injury"or Declarations, such limits will be subject to the "property damage"included in the "products- applicable Designated Construction Project completed operations hazard", and for General Aggregate Limit. medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits"brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 C Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ Agent Copy B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard"is "occurrences"under Section I —Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury"or "property damage"included in under Section I —Coverage C, which cannot be the "products-completed operations hazard"will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized Products-completed Operations Aggregate contracting parties deviate from plans, blueprints, Limit, whichever is applicable; and designs, specifications or timetables, the project 2. Such payments shall not reduce any will still be deemed to be the same construction Designated Construction Project General project. Aggregate Limit. E. The provisions of Section III —Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ Agent Copy KENT Agenda Item: Consent Calendar — 73 TO: City Council DATE: July 3, 2012 SUBJECT: Materials Testing & Inspection Contract-Boeing Levee — Authorize MOTION: Authorize the Mayor to sign the consultant services agreement with Jason Engineering and Consulting Business, Inc., in an amount not to exceed $17,945, for materials testing and inspection services related to the Boeing Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: Public Works Engineering is contracting to construct a new levee along the Green River near the "Three Friends Fishing Hole Park." The work involves the installation of a steel sheet pile beneath a concrete flood wall. Additional work involves levee backfill material, new asphalt and concrete paving, pedestrian walkways, hand-railings, irrigation and electrical systems and new plantings. Sound Engineering practices dictate that aggregates, asphalt, cement/concrete, reinforce-ment steel and sheet pile installation be tested to insure they meet specifications and that excavation restoration and levee construction materials are compacted to the required density and moisture content. This materials analysis requires a laboratory with certified testing equipment that the City does not own. There is not a more cost effective option at this time than to have an outside laboratory perform these duties. Jason Engineering and Consulting Business, Inc. have the appropriate certifications and expertise to perform these duties and were selected through a competitive process based upon their qualifications. City staff will perform all other inspection services that do not require specialized laboratory equipment or expertise. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This contract will be funded through a grant from the State of Washington and Kent storm water utility funds. 10E O T WAS tiiNOioN CONSULTANT SERVICES AGREEMENT between the City of Kent and Jason Engineering & Consulting Business, Inca THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jason Engineering & Consulting Business, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 181, Auburn, WA 98071, Phone; (253) 786-8645/Fax: (253) 833-7316, Contact: Jason Bell (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: i The Consultant shall provide testing and inspection services for the Boeing Levee Project. For a description, see the Consultant's June 5, 2012 Scope of Work which is attached as Exhibit A and incorporated' by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by June 30, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventeen Thousand, Nine Hundred Forty Five Dollars ($17,945.00), plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to' be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. I IV. INDEPENDENT CONTRACTOR.,. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment i CONSULTANT SERVICES AGREEMENT - 2 (Over $10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, 'agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shialf procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect, C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void, If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any .number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jason Bell Timothy J. LaPorte, P.E. Jason Engineering & Consulting Business, Inc. City of Kent PO Box 181 220 Fourth Avenue South Auburn, WA 98071 Kent, WA 98032 (253) 786-8645 (telephone) (253) 856-5500 (telephone) (25.3) 833-7316 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ]EC6-9oeing/enerelll CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY i The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 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. i 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 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. 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 Jason Geotechnical Engineering Rev Date: 06-05-2012 Engineering& Retaining Wall/Pavement Design Project:Boeing Levee & Consulting Construction Management Floodwall, Kent#09-3009 Business,Inc. WABO/AASfITO Inspection&Testing File#:p12-017 Scope of Services, Exhibit Provide density tests to confirm compaction and testing specification requirements. Sample imported material to evaluate and confirm specification requirements. This includes laboratory testing for soils, concrete and asphalt imported to the site, Testing methods will be performed according to current applicable standards. 9- Provide miscellaneous professional services related to this project as directed, " Provide to the owner within two hours of discovery, notification of failing test results related to materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's Representative. " Provide time sheets with each invoice that verify consultant employee(s), day,date and limes worked, hourly rate,total per day, mileage; tests performed and test fees, and any other pertinent information required to verify invoiced charges. " Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A Licensed P.E, reviews all reports and computer-generated copies are mailed to all parties on the project distribution list. " The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for all work performed. There is a minimum charge of 2 hours for normal inspection and professional engineering services (weekends are minimum 4 hours). " An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal 8 hour working day,and legal holidays. " Equipment & materials will include equipment used by an inspector the field in the performance of normal inspection duties. " We request a minimum of 24 hours notice for scheduling. " Unit rates valid for anticipated duration of the project, i I Phone: (206)-786-8645 Fax: (253)833-7316 Email: Jason©jasosienghieering.com '...., PO Box 181 Auburn WA. 98071 Jason Geotechnical Engineering Rev Date: 06-05-2012 `a" Engineering& Retaining Wall/Pavement Design Project: Boeing Levee & Consulting Construction Management Floodwall, Kent#09-3009 T, Business,Inc. WABO/AASHTO Inspection&Testing File#:p12-017 Schedule of Fees & Services, Exhibit B PROFESSIONAL SERVICES Qty. Unit Rate Item Total Construction Management Inspector,Wall installation 80 $60.00 per hour $4,800.00 Asphalt/Soil Inspector w/Densometer 80 $50.00 per hour $4,000.00 Concrete/Masonry Inspector 40 $50.00 perhour $2,000.00 Structural Steel/Welding Inspection 60 $65.00 per hour $3,900.00 Professional Engineering Services $95.00 per hour Administrative services 20 $40.00 per hour $800.00 trip fee per round trip, non-resident inspector $15.00 per trip OT/I loliday hours 1.5 x rate per hour LABORATORY SERVICES Unit Rate Item Total Asphalt,IgniUon&Gradation 2 $150,00 each $300.00 Asphalt,Rice Specific Gravity 2 $85.00 each $170.00 Concrete/Grout;Cylinders/Prisms 40 $15.00 each $600.00 '....... Soil,Fracture Count $75.00 each Soil,Proctor(Standard or Modified) 5 $150.00 each $750.00 Soil,Sand Equivalent Test $75.00 each Soil,Sieve Analysis with#200 wash 5 $125.00 each $625.00 Soil,Unit weight $30.00 each Estimated Project Total: $17,945.00 i Phone: (206)-786-8645 Pax: (253) 833-731.6 Email:Jason(ajasonengineering.com '....... PO Box 181 Auburn WA. 98071 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability"insurance shall be written with limits no less than $1,000,000 eacl`occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance; 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement j 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 AMI. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work, F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. KENT Agenda Item: Consent Calendar - 7K TO: City Council DATE: July 3, 2012 SUBJECT: LID 363 Final Assessment Roll - Set Public Hearing Date MOTION: Confirm the cancellation of Local Improvement District (LID) 363 Final Assessment Roll Hearing and set the hearing date for July 25, 2012, at 1:30 p.m. in the Kent City Council Chambers. SUMMARY: This LID was formed to help pay for the S. 224th Street Extension project, linking East Valley Highway with 108th Avenue SE (Benson). The hearing for LID 363 was originally set for May 14, 2012. Due to the need for more information, the hearing was cancelled and this motion confirms the new Final Assessment Roll Hearing date to occur at 1:30 p.m. in the City Council Chambers on July 25, 2012. We have also reserved Chambers for July 26, 2012 in the event the hearing is continued. EXHIBITS: None RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None Z KENT HA r Agenda Item: Bids — 9A TO: City Council DATE: July 3, 2012 SUBJECT: Meridian Valley Creek Enhancements MOTION: Move to award the Meridian Valley Creek Enhancements Project to Terra Dynamics, Inc. in the amount of $243,740.16 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The bid opening for this project was held on Tuesday, June 26, 2012 with five (5) bids received. The lowest responsible and responsive bid was submitted by Terra Dynamics, Inc. in the amount of $243,740.16. The Engineer's estimate for the project was $210,892.62. The project will improve an existing creek channel to enhance habitat conditions and reduce flooding potential. The project includes excavating the existing creek channel, new channel constructing a 195 foot long, four foot high concrete wall, installing 20 logs, and planting approximately 500 trees/shrubs and 700 wetland emergent plants. Work will occur on an active golf course and coordination with the golf course site superintendent will be required is included in the project. EXHIBITS: Bid summary memo RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This project is funded out of the City's storm drainage utility. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director KENT Address: 220 Fourth Avenue S. W A S H I N c 7 o N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: June 26, 2012 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Meridian Valley Creek Enhancements Bid opening for this project was held on June 26, 2012 with five (5) bids received. The lowest responsible and responsive bid was submitted by Terra Dynamics, Inc. in the amount of $243,740.16. The Engineer's estimate for the project was $210,892.62. The Public Works Director recommends awarding this contract to Terra Dynamics, Inc. Bid Summary 01. Terra Dynamics, Inc. $243,740.16 02. Restoration Logistics, LLC $272,550.55 03. MVG, LLC $281,185.05 04. Matia Contractors, Inc. $289,269.44 05. Westwater Construction, Co. $328,363.13 Engineer's Estimate $210,892.62 Z KENT HA r Agenda Item: Bids - 9B TO: City Council DATE: July 3, 2012 SUBJECT: Central Avenue South Storm Water Forcemain Phase II MOTION: Move to award the Central Avenue South Storm Water Forcemain Phase II project to Goodfellow Brothers, Inc. in the amount of $782,386.26 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The bid opening for this project was held on Tuesday, June 26, 2012, with three (3) bids received. The lowest responsible and responsive bid was submitted by Goodfellow Brothers, Inc. in the amount of $782,386.26. The Engineer's estimate for the project was $1,036,830. This project is Phase II of the Central Avenue Forcemain project which will help alleviate localized flooding along James Street at Mill Creek. EXHIBITS: Bid summary memo RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This project is funded out of the City's storm drainage utility. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director KENT Address: 220 Fourth Avenue S. W A S H I N c 7 o N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: June 26, 2012 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Central Avenue South Storm Water Forcemain Phase II Bid opening for this project was held on June 26, 2012 with three (3) bids received. The lowest responsible and responsive bid was submitted by Goodfellow Brothers, Inc. in the amount of $782,386.26. The Engineer's estimate was $1,036,017.83. The Public Works Director recommends awarding this contract to Goodfellow Brothers, Inc. Bid Summary 01. Goodfellow Brothers, Inc. $782,386.26 02. Road Construction Northwest, Inc. $838,145.85 03. Titan Earthworks, LLC $1,028,100.98 Engineer's Estimate $1,036,017.83 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 June 5, 2012 Committee Members Present: Dennis Higgins, Jamie Perry, Les Thomas, Chair The meeting was called to order by L. Thomas at 4:09 p.m. 1. APPROVAL OF MINUTES DATED MAY 15, 2012. J. Perry moved to approve the Operations Committee minutes dated May 15, 2012. D. Higgins seconded the motion, which passed 3-0. 2. APPROVAL OF CHECK SUMMARY REPORT DATED MAY 1 — MAY 15, 2012 D. Higgins moved to recommend the Council approve the Check Summary Reports dated May 1 through May 15, 2012. J. Perry seconded the motion, which passed 3-0. 3. FIBER COMMUNITY CONNECTIVITY CONSORTIUM (INFORMATION ONLY) In support of the Council's strategic goal to "Create Connections for People and Places", city staff is advocating the authorization of a resolution to join the Community Connectivity Consortium (CCC) and authorize the Mayor to enter into an interlocal agreement for the construction and management of fiber optic projects. The Consortium seeks to leverage the collective interest of municipalities that stretch from Bellevue and Kirkland to Puyallup and Tacoma. Its primary purpose is to connect government agencies, educational institutions and technology-based businesses through joint fiber projects. Currently, the funding has been from the consortium members, private companies, and in-kind contributions, such as the conduit. D. Higgins wanted to make sure there wasn't a conflict of interest with his employer and will seek ethics advice. The Ordinance will be brought back to the June 19 Operations Committee to adopt. 4. MOVE TO RECOMMEND THE COUNCIL APPROVE THE CONSOLIDATING BUDGET ADJUSTMENT ORDINANCE FOR ADJUSTMENTS MADE BETWEEN JULY 1, 2011 AND DECEMBER 31, 2011 REFLECTING AN OVERALL BUDGET INCREASE OF $9,968,168. The attached information consists of actions dealing with budgets for the last half of last year plus additional items that haven't yet been approved. This would leave a $10 million net budget adjustment for the last half of the year. The motion will be placed on the Consent Calendar on the June 19 Council meeting agenda. J. Perry moved to recommend the Council approve the consolidating budget adjustment ordinance for adjustments made between July 1, 2011 and December 31, 2011 reflecting an overall budget increase of $9,968,168. The motion was seconded by D. Higgins, which passed 3-0. Operations Committee Minutes June 5, 2012 Page: 2 S. MOVE TO RECOMMEND AUTHORIZING THE MAYOR TO SIGN THE ANIMAL SERVICES INTERLOCAL AGREEMENT WITH KING COUNTY, UPON FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY AND THE PARKS DIRECTOR. This Agreement follows the update J. Watling provided at the Operations Committee meeting on February 7 of this year. The three-year Agreement is for$266k, a savings from the previous $400k Agreement. In Service Years 2014/2015, allocable costs are adjusted based on the total increase or decrease in allocable costs from year to year for the whole Program. Total Budgeted Allocable Costs cannot increase by more than the Annual budget Inflation Cap. D. Higgins asked about licensing revenue, which is reflected in the Agreement. Any additional license revenue collected will further reduce costs. The City will continue to meet with the local group that is pursuing a humane shelter, recognizing the continued need in Kent. D. Higgins moved to recommend authorizing the Mayor to sign the Animal Services Interlocal Agreement with King County, upon final review and approval by the City Attorney and the Parks Director. The motion was seconded by J. Perry, which passed 3-0. 6. BUDGET REVENUE FORECAST FOR 2013-2014 (INFORMATION ONLY) J. Hodgson commented the Budget Revenue Forecast was an element from the Council Workshop where there was considerable discussion on forecasted revenues for the biennial budget. Council had concerns regarding two of the revenue forecasts, pertaining to REET and permit fees. J. Hodgson distributed a spreadsheet showing current revenues and expenditures in addition to activity in Licenses and Permits and the first four months of the year in Real Estate and Excise Taxes. B. Nachlinger further reviewed the report with the committee. The report displays license and permit fees are trending up. This report will be presented monthly to the Operations Committee. Staff's suggestion is to start with a 2% increase in the forecast, which the committee is comfortable with. D. Higgins requested that five minutes be given toward this discussion at this evening's Council Workshop. The meeting was adjourned at 4:46 p.m. by L. Thomas. Pamela Clark Operations Committee Secretary Page 1 ® Parks and Human Services Meeting Minutes . Hiuc-o� May 17, 2012 Wns Call to order: Debbie Ranniger called the meeting to order at: 5:04 p.m. Council Present: Chair Debbie Ranniger, Dana Ralph, Elizabeth Albertson Item No. 1: Minutes of April 19, 2012 Elizabeth Albertson moved to approve the Parks and Human Services meeting minutes dated April 19, 2012. Dana Ralph seconded. The motion passed 3-0. Item No 2• Demolition and Asbestos Abatement Agreement for Matinjussi Property - Authorize Park Planner Brian Levenhagen explained that the proposed contract is to demolish the house and out buildings and complete asbestos abatement at the Matinjussi property located in the Panther Lake Annexation area. This work needs to be completed by the end of June to qualify for the reimbursement through the RCO grant that we received to acquire the Matinjussi property. Dana Ralph moved to recommend council authorize the mayor to sign the contract with Russ Lloyd Clearing & Demolition to demolish the house and out buildings and complete asbestos abatement on the Matinjussi Property in Panther Lake area for a total of $28,416.00, plus WSST, subject to approval by the City Attorney and Parks Director. Elizabeth Albertson seconded. The motion passed 3-0. Item No 3• Division Update: Adaptive Recreation - INFO ONLY Superintendent of Recreation and Cultural Services, Lori Hogan, introduced the staff of Adaptive Recreation to showcase programs and services. Lori reported that they have are a leader across the state in serving people with developmental and physical disabilities. Julie Stangle, Manager of Youth/Teen and Adaptive Recreation Programs and Lara Hosford, Inclusion Coordinator started the presentation with the newly formed Kent Parks Cheerleaders performing a cheer. Julie and Lara gave an overview of the program's history, and outlined the services in Adaptive Recreation: Page 1 Page 2 Statement of Inclusion • Everyone in the City of Kent community shall have the opportunity to equally '.., participate in, benefit from, and enjoy the parks and recreation programs and facilities. Our mission is dedicated to enriching the lives of all persons participating in Kent Parks, Recreation and Community Services. Program History • The program started in 1973 with the Kent School District. In 1984 parents wanted a social program and the Sunshine Club began. In 1986, The Resource Center building on Meeker became the new home for Adaptive Recreation and Youth/Teen programs and services. In 2010, the Resource Center was closed due to budget cuts and Adaptive Recreation programs and Youth/Teen programs were moved over to Kent Commons. • In 1997 Lara Hosford, Inclusion Coordinator, came on in a cooperative job funded by Highline Community College. • We value and respect people, their uniqueness, their interests and their contributions. Social • 98% of participants "strongly agree" and "agree" that overall these programs brings quality to their lives. Sports Activities • Basketball Cycling • Track • Golf • Bowling • Cheer • Swimming • T-ball • Softball • Tennis Health and Fitness • Teen Lunch Bunch • Adult Basic Cooking • Flexi Fit and Fun • Karate • Zumba Page 2 Page 3 Creative Arts • Creative Art Space Community Outings • Community Exploration • Trips and Tour • Monday Adventures Community Resources and Partners • Kent School District • M.S. (Multiple Sclerosis) Support Group • NAMI (National Alliance on Mental Illness) South King County • TOP (The Outreach Program) • Children's Therapy Center • Special Olympics • Parents • Highline Community College • Volunteers Issues and Challenges • State budget cuts impacts mental health, DDD funding and respite care services • Communication within DDD/ADA system • Transportation - Access routes cut Sponsorships and Collaborations • Individual sponsors Employee recycling • Quota International • Kiwanis Club • Kent Parks Foundation • Outreach Programs • Interns Council members spoke of how impressed they are with the adaptive recreation services and programs. Jeff commended staff on their focus of delivering great services during budget challenges. Steve White, a teacher at TOP spoke of the benefits of the adaptive recreation programs, introducing Tyler Talcot, a TOP technology student. Tyler's video, "Adaptive Recreation at a Glance" was presented, which showcased Adaptive Recreation programs. i Page 3 Page 4 i Item No. 4: Director's Report - INFO ONLY • At the Junior Olympics event last weekend, 26 schools and 1,250 students participated. Next year will be the 50`" year anniversary. • The new landscape plantings at the entry of Service Club Ballfields is complete and looks great. • The recently renovated bowl area at Earthworks Park looks great. The restoration has helped with the drainage issue. • Saturday, June 2 is the Bike Tour and Inaugural Ride beginning at Earthworks Park, funded through a National Endowments for the Arts (NEA) grant. • Parks Infrastructure group is working on prioritizing projects for the next Ad Hoc meeting. The meeting adjourned at 5:45 p.m. Submitted by, Twi�etwo�e Teri Petrole Council Committee Secretary Page 4 PUBLIC WORKS COMMITTEE Minutes of Monday, June 4, 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 4:06 p.m. Item 1 — Approval of Meeting Minutes Dated May 21, 2012: Higgins MOVED to approve the minutes of May 21, 2012. The motion was SECONDED by Ralph and PASSED 3-0. Item 2 — Consultant Services Agreement/Macaulay &Associates — Assessment Review for Local Improvement District 363: Public Works Director, Tim LaPorte noted that in December of 2008 the City Council formed Local Improvement District (L.I.D.) 363 and directed staff to proceed with the design and construction of the S. 224th Street Project. The L.I.D. final assessment roll hearing is scheduled for July 2012. This will allow the City to sell L.I.D. 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 prior to constructing a new bridge over SR 167. LaPorte stated that in order to prepare for the final assessment roll hearing, the City requires the services of a licensed appraiser to determine the values of the final assessments. Councilmember Higgins asked why the need for an appraisal firm wasn't requested earlier. LaPorte stated that this is standard practice and that outside firms are hired so that the city has the ability to show the values if the property owner protests the amount of their assessment. Notices to property owners were sent out before all of the appraisals were in place. Ralph clarified that property owners can contest the amount of the assessment but not the actual assessment. Ralph MOVED to recommend Council 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. The motion was SECONDED by Higgins and PASSED 3-0. Item 3 —Consultant Contract/Downey Farmstead Restoration Proiect: Environmental Ecologist, Matt Knox noted that the Downey Farmstead Restoration Project involves four parcels totaling 21.81 acres located along the left bank of the Green River (across the river from the Riverbend Driving Range, near SR 516). Knox went on to state that this restoration project will include realignment and setback of Frager Road from the Green River in order to reconnect the floodplain and create off- channel rearing and refuge habitat, primarily for juvenile Chinook salmon. A secondary goal of the project is to create additional flood storage to help alleviate flood damage to nearby urban and agricultural areas. Knox showed a conceptual drawing of the site as well as slides showing the cost of the project. PUBLIC WORKS COMMITTEE Minutes of Monday, June 4, 2012 Knox stated that the City has received grant funding in the amount of $46,419 from the King Conservation District and $253,581 from the Washington State Recreation and Conservation Office for a total of $300,000 to pay for final project design, permitting, specs and construction cost estimate. LaPorte noted that Kent is the lead agency on this project and he believes we will be successful in obtaining grants in the future to complete the project. Higgins noted that this is a great project and said he likes it when projects come our way with their own funding. Higgins MOVED to recommend Council authorize the Mayor to sign the Consultant Services Agreement with Herrera Environmental Consultants in an amount not to exceed $232,780, for final design of the Downey Farmstead Restoration Project, 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 - Draft 2013-2018 Six-Year Transportation Improvement Program (TIP): Senior Transportation Planner, Cathy Mooney, stated that the Draft 2013-2018 Six- Year TIP represents the City's proposed transportation improvement program for the next six years and is a significant planning tool not only for the City but for the Puget Sound Regional Council (PSRC). It includes planning studies, street, bicycle, pedestrian, traffic signal, and transit improvements as well as street maintenance and preservation projects. Mooney said that including these projects in the Six-Year TIP allows the City to begin looking for funding partners and apply for grants. This year, all State Grant Agencies are requiring that every submitted project be included in a city's adopted Six-Year Transportation Improvement Program. This Six-Year TIP reflects the eight projects for which the City has already applied for grants and includes projects for which the City plans to apply for grants later this year. Councilmember Albertson stated she would like to start calling the Six-Year Transportation Program, the TIP - Kent's Six-Year Planning Tool. LaPorte stated he would have staff check with the State to find out about changing the name to more accurately reflect the purpose of the TIP. Ralph MOVED to recommend Council set a date for a Public Hearing on the Draft 2013-2018 Six-Year Transportation Improvement Program (TIP). The motion was SECONDED by Higgins and passed 3-0. PUBLIC WORKS COMMITTEE Minutes of Monday, June 4, 2012 Item 5 —Information Only/Commute Trio Reduction - Update: Senior Transportation Planner, Cathy Mooney, gave an informative PowerPoint presentation highlighting the Commute Trip Reduction (CTR) Program for 2012. Mooney stated that since the 1991 passage of the Washington State Commute Trip Reduction (CTR) Law, counties and cities in the state's nine (9) most densely populated counties have implemented CTR to address traffic congestion, air pollution and fuel consumption. In 2006 legislators passed the CTR Efficiency Act which established new goals for CTR-affected worksites. Kent CTR Program Goals are to reduce the drive alone single occupancy vehicle (SOV) rate by 10% and vehicle miles traveled (VMT) by 13% at CTR Worksites between 2006 and 2013. Every two years all CTR-affected worksites in the state are required to survey their employees about how they commute to work. The City works with 28 work sites, seven (7) of which are on a voluntary basis; helping them find alternative ways to get to work. No Motion Required/Information Only Item 6 — Information Only/Riverview Park Green River Side Channel - Update: Senior Environmental Engineer, Beth Tan invited everyone to the Construction Celebration Ceremony on June 6th at 1:30 p.m. for the Riverview Park Channel Restoration Project. Mayor Cooke and Colonel Estok, of the Seattle District, U.S. Army Corps of Engineers, State Representative Dave Upthegrove, King County Executive Dow Constantine, Auburn Councilmember Bill Peloza and Covington Councilmember Marlla Mhoon, co-chairs of the Water Resource Inventory Area (WRIA) 9 Forum, are scheduled to speak on behalf of the project. Tan noted that the new channel will be approximately 700 feet long and will include fish friendly habitat features such as large woody debris and native riparian plantings. 19,000 plants will be planted in addition to what is already there. The project provides much needed salmon habitat and refuge in a key reach of the Green River near the confluence of Mill Creek (Auburn). The project is under construction in partnership with US Army Corps of Engineers (USACE) through the USACE Green/Duwamish Ecosystem Restoration Program and that 65% of the construction cost is being paid by the USACE. Tan also noted that side channels along a river are an important component of salmon habitat in that they provide an area away from a river's main channel for salmon to thrive and grow, and seek refuge from predators and high flows. No Motion Required/Information Only PUBLIC WORKS COMMITTEE Minutes of Monday, June 4, 2012 Item 7 — Information Only/2012 Adopt-a-Street Proaram — Update: Conservation Specialist, Gina Hungerford and Toni Azzola, Neighborhoods Program Coordinator stated that the "Friends of Soos Creek Park" group successfully inaugurated the Adopt-a-Street Program on April 21, 2012 collecting 30 bags of litter on 148th Street! Thanks to their visibility and advertising in the Reporter, KentScene Newsletter, Facebook and on the web, Hungerford was excited to note that there are eight (8) additional volunteer groups, including: • Kent Target • Saltair Hills Neighborhood group • Seattle Grow Landscaping • Great American Casino • Robert Craft & friends • Cheri Sayer-One Woman Clean-up Crew • Home Destination Relocation group • Kenneth Wendling and friends The dedication and commitment of all these volunteers is going to make a big difference in beautifying our City and in helping us protect water resources. No Motion Required/Information Only Item 8 — Information Only/2012 Water Festival on Kent TV21 — Update: Conservation Specialist, Gina Hungerford noted that the 13th Annual H20-2012 Water Festival, which took place at Green River Community College on March 27 & 28, 2012, was filmed by our own Edgar Riebe. Hungerford urged viewers to watch the video on Ke ntTV21. No Motion Required/Information Only Item 9 — Information Only/Transportation Improvement Board (TIB): City Engineer, Chad Bieren spoke briefly about the letter that Public Works received from the Washington State Transportation Improvement Board (TIB) regarding the SE 256th Street Project. He stated that the proposed 256th Street Improvements is now considered a Stage 2, delayed project. TIB funding has been placed on hold and can only be reinstated based on TIB board approval. This could occur once the city has determined how to finance the project and is ready for construction. We have until July 1, 2013 to begin construction of the project or TIB funds will be taken away permanently. Higgins asked if this will move us off the Stage 2 list. LaPorte said not until we have money and a good working plan. We have one more year. PUBLIC WORKS COMMITTEE Minutes of Monday, June 4, 2012 Of the estimated $7 million project cost, we have just over $3 million committed - $2 million TIB and $1 million drainage utility funds, leaving a funding gap of about $4 million. We are working to form a local improvement district (LID) to fund $2 million and continue to apply for grants for the last $2 million. We are also designing portions of the project that can be built in stages — such as drainage improvements. This would allow us to begin construction while the remaining funding is secured. No Motion Required/Information Only The meeting was adjourned at 5:15 p.m. Cheryl Viseth Council Committee Recorder EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION