HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/07/2012 CITY OF KENT
Agenda
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August 7, 2012
Mayor Suzette Cooke
Dennis Higgins, Council President
Councilmembers
Elizabeth Albertson
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Jamie Perry
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Dana Ralph
Deborah Ranniger
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Les Thomas
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KENT CITY COUNCIL AGENDAS
KENT August 7, 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
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COUNCIL WORKSHOP CANCELLED
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COUNCIL MEETING AGENDA
5.00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
5. PUBLIC HEARINGS
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meeting and Workshop - Approve
B. Payment of Bills - Approve
C. Agreement with Maple Valley for Kent Municipal Court Services -
Authorize
D. Agreement with Maple Valley for Jail Services - Authorize
E. Lodging Tax Advisory Committee Re-appointments - Confirm
F. 2012 4Culture Sustained Support Grant Agreement - Authorize
G. 2012 Washington State Arts Commission Grant - Authorize
H. Recreation and Conservation Office Grant Application Resolution -
Adopt
I. Storm Damage Budget Adjustment - Approve
J. 2011 Water System Plan - Approve
K. Highway Safety Improvement Program Grant, Traffic Signal Control
System - Accept
L. Highway Safety Improvement Program Grant, Intersection
Improvements - Accept
M. Desimone and Briscoe Levees Analysis and Certification Contract
Amendment - Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
N. Line Striping Agreement Amendment — Authorize
O. 239th Street Water Infrastructure Parts Replacement Agreement —
Authorize
P. East Hill Well Water Source Electrical Improvements Design
Agreement — Authorize
Q. Boeing Levee Construction Support Services Agreement — Authorize
R. Horseshoe Bend Levee Construction Support Services Agreement with
GeoEngineers — Authorize
S. Horseshoe Bend Levee Construction Support Services Agreement with
AECOM — Authorize
T. 256th Street Improvements Appraisal Preparation Agreement —
Authorize
U. Safeway Fuel Project #1294 Bill of Sale — Accept
V. Morford Meadows South Bill of Sale — Accept
W. Morford Meadows South Final Plat — Approve
X. 640 Zone Reservoir — Accept as Complete
Y. Excused Absence, Council President Higgins — Approve
Z. Earth Corps Services Grant Agreement - Authorize
S. OTHER BUSINESS
A. Voters Pamphlet Pro/Con Committee Appointments
9. BIDS
A. Horseshoe Bend Levee Improvements, East and West River Bend
Secondary Levees, Phase II
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office and the Kent Regional Library. The Agenda Summary page and
complete packet are on the City of Kent web site at www.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.
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COUNCIL WORKSHOP CANCELLED
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) From Council, Administration, or Staff
B) From the Public
PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
PUBLIC COMMENT
Agenda Item: Consent Calendar 7A — 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through Z.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the Council workshops of July 16 and July 17, 2012,
and the Council meeting of July 17, 2012, including a correction to Consent
Calendar Item B, Payment of Bills, as follows: Checks issued for payroll 6/20/12
Advices should say Nos. 299959-300605, rather than 299312-299958 as printed.
7B. Approval of Bills.
Approval of payment of the bills received through June 30 and paid on June 30
after auditing by the Operations Committee on July 17, 2012.
Approval of checks issued for vouchers:
Date Check Numbers Amount
6/30/12 Wire Transfers 5114-5124 $1,191,888.11
6/30/12 Regular Checks 664547-665029 4,788,051.47
6/30/12 Use Tax Payable 270.04
$5,980,209.62
Approval of checks issued for payroll for June 16 through June 30 and paid on
July 5, 2012:
Date Check Numbers Amount
7/5/12 Checks 328231-328420 $ 156,360.71
7/5/12 Advices 300606-301243 1,211,516.36
$1,367,877.07
y RCN i Kent City Council Meeting
July 17, 2012
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Perry, Ralph, and
Ranniger. Council member Thomas was excused from the meeting. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) No changes were made.
B. From the Public. (CFN-198) No changes were made by the public.
PUBLIC COMMUNICATIONS
A. Public Recoanition. (CFN-198) Perry thanked everyone involved with the 4th of
July Splash and especially the Lake Meridian Community Association who fund the
fireworks display with private funding. Ralph wanted to thank the Lions Club, police
department, and parks department for their work during Cornucopia.
B. Community Events. (CFN-198) Council President Higgins invited the public to
view ShoWare Center events at shorwarecenter.com.
C. National Niaht Out Proclamation. (CFN-155) Mayor Cooke presented the
proclamation for National Night Out to Sara Wood, who noted that this year National
Night Out will be on August 7th
D. Chief for A Day Proclamation. (CFN-155) Mayor Cooke read the proclamation
and presented it to Chief for A Day event recipient Mikey Bishop.
E. Public Safety Report. (CFN-122) Police Chief Thomas thanked Commanders
Padilla and Gurr for their work on this project and then gave his monthly update on
crime statistics and recent activities. He presented Officers Jason Clift and Diego
Moreno with life saving awards. Chief Thomas then presented the Chiefs Award of
Professional Excellence to Detectives Lovisa Dvorak, Brian Lewis and Ryan Rossmeier.
Chief Thomas introduced three incoming officers Tyler Birkhofer, Melvin Partido and
Nigel Sims; Mayor Cooke then administered the Oath of Office.
Sara Wood presented a power point on National Night Out and gave a brief
presentation.
CONSENT CALENDAR
Higgins moved to approve Consent Calendar Items A through H. Perry seconded and
the motion carried.
A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council
meeting of July 3, 2012, were approved.
1
Kent City Council Minutes July 17, 2012
B. Approval of Bills. (CFN-104) Payment of the bills received through June 15 and
paid on June 15 after auditing by the Operations Committee on July 3, 2012, were
approved.
Checks issued for vouchers were approved:
Date Check Numbers Amount
6/15/12 Wire Transfers 5091-5113 $1,856,906.66
6/15/12 Regular Checks 664150-664546 1,486,111.35
Void Checks 664526 (419.60)
6/15/12 Use Tax Payable 2,373.90
$3,344,972.31
Checks issued for payroll for June 1 through June 15 and paid on June 20, 2012, were
approved:
Date Check Numbers Amount
6/20/12 Checks 328048-328230 $ 119,786.47
Voids & Reissues 328047 0.00
6/20/12 Advices 299312-299958 1,216,367.97
$1,336,154.44
C. Consultant Services Agreement for Deferred Compensation. (CFN-147)
The Mayor was authorized to sign the HYAS Group consulting services contract for the
City's deferred compensation program, subject to final terms and conditions
acceptable to the Human Resources Director and City Attorney.
D. Investment Policy Amendment Ordinance. (CFN-104) Ordinance No. 4039,
amending Chapter 3.02 of the Kent City Code entitled "Investment Policy," updating
delegation of authority and eliminating designated institutions for collateral advances
was adopted.
E. Hawkesbury Division I Final Plat. (CFN-1272) The final plat mylar for
Hawkesbury Division I was approved and the Mayor was authorized to sign the mylar.
F. Excused Absence Councilmember Thomas. (CFN-198) An excused absence
for Councilmember Thomas as he was unable to attend the July 17, 2012, meeting
was approved.
G. Chase Bank, Bill of Sale. (CFN-484) The Bill of Sale for the Chase Bank project,
permit 2103269, for 2 sanitary sewer manholes, 206 linear feet of sanitary sewerline,
338 linear feet of new street, 3 catch basins, and 43 linear feet of storm sewerline
was accepted.
H. Killa Hans Short Plat, Bill of Sale. (CFN-484) The Bill of Sale for the Killa Hans
Short Plat project, permit 2070039, for 3,000 linear feet of new street, 1,100 linear
feet of frontage improvements, 2 storm sewer manholes, 2 catch basins, 80 linear
feet of biofiltration swale, 19,245 cubic feet of detention pond storage, and 400 linear
feet of storm sewerline was accepted.
2
Kent City Council Minutes July 17, 2012
BIDS
A. Boeina Secondary Levee and Floodwall. (CFN-1318) Public Works Director
LaPorte gave a brief description of the project and gave an update on the super sack
removal. City Attorney Brubaker noted a minor and immaterial bid discrepancy. He
mentioned the City received a protest from the second lowest bidder and that he is in
communication with the lawyer of this second lowest bidder and there is no reason
not to award it tonight. Albertson moved to award the Boeing Secondary Levee and
Floodwall Project to Quigg Brothers, Inc. in the amount of $2,655,566.63 and
authorize the Mayor to sign all necessary documents, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director. Higgins
seconded. Albertson noted that this will affect the Three Friends Fishing Hole and
construction will start in August until winter 2012-2013. The motion then carried.
REPORTS
A. Council President. (CFN-198) Higgins reported on the two workshops to discuss
infrastructure needs for street and parks maintenance. He noted a special meeting on
July 31 at 7:30 p.m., was set to consider the full package discussed at the workshops.
He reported on this evening's workshop regarding the budget and strategic goals and
thanked department heads and staff for moving ahead with these goals.
B. Mayor. (CFN-198) Mayor Cooked noted that an email was sent to Ben Wolters
from a housing developer congratulating him on the professionalism of his inspectors
and the help given to his contractor by Steve Wilson. Mayor Cooke also noted a
pictorial history of the Mill Creek Neighborhood Council called "A Community of
Unique and Historic Homes," and congratulated them on their project.
C. Administration. (CFN-198) CAO Hodgson noted that on August 7 the Council
meeting will start at 5:00 p.m. so that Council members can participate in National
Night Out and he also noted a short 10-minute executive session with action following
to discuss easements.
D. Economic & Community Development Committee. (CFN-198) Perry noted
the next meeting will be August 13.
E. Operations Committee. (CFN-198) No report was given.
F. Parks and Human Services Committee. (CFN-198) Ranniger noted the next
meeting will be Thursday, July 19 at 5:00 p.m. and typically in August no meeting is
held.
G. Public Safety Committee. (CFN-198) Boyce noted the next meeting will be
August 14.
H. Public Works Committee. (CFN-198) Albertson noted a special meeting on
July 23 and an item was added to the agenda regarding the LID public hearing being
held on July 25, and a regular meeting on August 6 at 4:00 p.m.
3
Kent City Council Minutes July 17, 2012
Brubaker commented on the LID 363 hearing being held on July 25 and reminded
council that this is a quasi-judicial hearing and when finalized Council will act in a
quasi-judicial capacity.
I. Regional Fire Authority. (CFN-198) No report given.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 7:45 and reconvened at 7:53 p.m.
A. Property Negotiations. (CFN-1038) Brubaker gave a brief description of the
project. Albertson moved to authorize the Mayor to sign all necessary documents to
grant two temporary private right-of-way access agreements over City property in
relation the construction and development of the Oakleigh I and II subdivision,
subject to approval of final terms and conditions by the City Attorney. Ralph
seconded and the motion carried.
ADJOURNMENT
The meeting adjourned at 7:55 p.m. (CFN-198)
Mary Simmons
Deputy City Clerk
4
�1 KENT
Kent City Council
Workshop
July 17, 2012
Council Members Present: Albertson, Boyce, Higgins, Perry, Ralph, and Ranniger.
The meeting was called to order at 5:00 p.m. by Council President Higgins.
Intergovernmental Issues. Wilmot discussed several items from the AWC Bulletin:
a new joint select committee to look at state shared liquor revenues; a state mandate
list of obsolete or unnecessary unfunded mandates by the State; announced that
Colonel Anthony Wright is the new executive director to the Puget Sound Partnership;
and passed out copies of a letter and fact sheet regarding the distribution of local
government Emergency Management Performance Grant funds.
Council members reported on regional meetings they attended.
Biennial Budget Update. CAO Hodgson gave a brief explanation on the ongoing
budget process. Finance Director Nachlinger gave an overview of the draft budget.
A discussion followed regarding medical insurance coverage.
Strategic Plan. Hodgson passed out an outline from the retreat and the added new
objectives, tasks, and initiatives. He mentioned that staff is working to update
resources, timelines and measures and these new initiatives will become part of the
budget.
Council members discussed how to track the new strategic plan.
The meeting was adjourned but immediately reconvened to discuss changes to the
meeting times and to the agenda. The ordinance passed earlier at Operations was
tabled for further discussion. Higgins noted having another special meeting for the
levy on Tuesday, July 31 at 7:30 p.m.
The meeting adjourned at 6:38 p.m.
Mary Simmons
Deputy City Clerk
V KENT
Kent City Council
Workshop
July 16, 2012
Council Members Present: Albertson, Boyce, Higgins, Perry, Ralph
The special meeting was called to order at 5:15p.m. by Council President
Higgins.
Infrastructure Fundina. Council President Higgins explained the reasons for
the trouble finding funding, and outlined a three-step proposal as follows:
1 — a levy lid lift of 37 cents per $1,000; 2 — finding $2,000,000 in efficiencies;
and 3 — having a dialog with the business community about how to come up
with $4-6,000,000 in increased revenue. He added that all three steps are
needed to address the problem. Higgins explained the strict timing involved
with the levy lid lift, and the consequences of not having it on the ballot this
year. Finance Director Nachlinger explained B & O tax scenarios.
Council members then discussed various issues including the difficulty of finding
$2,000,000 in efficiencies, the possibility of an efficiency study, how to achieve
the goals with the least amount of impact to businesses, and looking at the
organizational span of control.
Mayor Cooke said that this proposal is a mixed bag of processes, tied to both
revenue and budget, and pointed out that the budget has not yet been
presented to Council. She voiced concern about her ability to preserve the
City's integrity with $2,000,000 in cuts.
Albertson and Perry noted that cuts have been made many times already, but
that the public is not aware of that because of efforts not to let them show.
They agreed that now is the time to tell the public what has already been done,
and to explain that the city is out of money, and that parks and streets are
failing. Several spoke in favor of an efficiency study. Perry suggested meeting
with the Chamber of Commerce, proposing options, and voting on them.
Albertson suggested passing a B & O tax ordinance and the levy, and evaluating
the situation in a year. Ralph requested documentation showing what has
already been done. Boyce said he supports the business tax and opined that
$2,000,000 in efficiencies could be found.
The meeting adjourned at 6:45 p.m.
Brenda Jacober, CIVIC
City Clerk
KENT Agenda Item: Consent Calendar — 7C
TO: City Council
DATE: August 7, 2012
SUBJECT: Agreement with Maple Valley for Kent Municipal Court
Services — Authorize
MOTION: Authorize the Mayor to enter into an interlocal agreement with
the city of Maple Valley for city of Kent Municipal Court Services, subject to final
terms and conditions acceptable to the city attorney.
SUMMARY: The city of Maple Valley does not own a municipal court building and
related facilities. It currently operates its court through the Enumclaw Municipal Court
building. Maple Valley has asked the city to consider operating Maple Valley's court
operations through Kent's court facilities. Having just purchased the Aukeen Court
facility from King County, Kent staff saw an opportunity to gain some efficiencies from
the combined court systems, as well as the ability to make use of available space.
The two cities have been engaged in negotiations, involving each city's managers,
finance directors, court administrators, city attorneys, and judges. Negotiations are
now complete. The agreement provides for two-years of court services at an annual
cost to Maple Valley of $175,000, plus other extraordinary costs charged on a per
occasion basis.
EXHIBITS: Interlocal Agreement
RECOMMENDED BY: Operations Committee
BUDGET IMPACTS: The city will receive income, but not having conducted this type
of court services arrangement before, revenue projections are difficult to estimate.
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF MAPLE VALLEY AND THE CITY OF KENT FOR
MUNICIPAL COURT SERVICES
THIS AGREEMENT is made and entered into by and between the City of Maple
Valley ("Maple Valley"), a municipal corporation in the State of Washington and the City of
Kent("Kent'), a municipal corporation in the state of Washington, collectively the("Parties").
WHEREAS, this Agreement is made under the authority of the Interlocal
Cooperation Act, Ch. 39.34 RCW and Municipal Courts — Alternative provision, Ch. 3.50
RCW; and
WHEREAS,the City of Maple Valley incorporated on August 31, 1997; and
WHEREAS, pursuant to state law, Maple Valley adopted Ordinance 0-98-071
establishing its own municipal court, known as the Municipal Court of the City of Maple
Valley("Maple Valley Court"); and
WHEREAS, the Maple Valley City Council appointed a municipal court judge
("Maple Valley Court Judge") for a four year term in Resolution, R-98-078 and has re-
appointed a municipal judge by similar resolution upon the expiration of each term of
appointment; and
WHEREAS, Maple Valley does not own a facility suitable for conducting
municipal court and continues to need a venue in which to conduct municipal court
proceedings; and
WHEREAS, Kent, which is located in King County, operates a municipal court
known as the Municipal Court of the City of Kent("Kent Municipal Court"); and
WHEREAS, Kent is willing to provide a venue and certain municipal court services
to the Maple Valley Court at the Kent Municipal Court pursuant to terms as set forth in this
Agreement; and
NOW, THEREFORE, in consideration of the terms and provisions set forth below,
it is mutually agreed by and between Maple Valley and Kent as follows:
Interlocal Agreement between
City of Kent and Maple Valley
Page 1 of 10
1. Purpose of Agreement. The purpose of this Agreement is to provide for the
processing of Maple Valley criminal complaints and infractions by the Kent Municipal
Court; to set forth the fees to be paid by Maple Valley for such services; and to enumerate
the court services to be provided by Kent and the Kent Municipal Court. A further purpose
of this Agreement is to set forth that the Maple Valley Court will conduct its
proceedings at the Kent Municipal Court, 1220 Central Avenue South, Kent,
Washington.
2. Maple Valley Court Cases and Municipal Court Services. The Maple Valley
Court and the Kent Municipal Court shall be deemed separate municipal
courts for the purposes of Ch. 3.50 RCW. The Kent Municipal Court shall
provide the court services enumerated in Section 2.3, infra, for all Maple Valley Court cases
commenced by Maple Valley. T h e Kent Municipal Court, through its personnel, shall
provide court services enumerated herein to the Maple Valley Court at the same level as the
Kent Municipal Court provides for the same type of cases originating in Kent. The Maple
Valley Court Judge agrees that the Kent Presiding Judge is responsible for the general
supervision and administration of all Kent Municipal Court personnel that will be providing
services to the Maple Valley Court. The Kent Municipal Court agrees that the Maple Valley
Municipal Court Judge has authority to delegate necessary ministerial duties pertaining to
the Maple Valley Court to Kent Municipal Court personnel. Both Parties agree that for
purposes of General Rule 29, as written or hereafter amended (incorporated herein as if fully
set forth), the Maple Valley Municipal Court Judge is not a supervisor of Kent Municipal
Court personnel; however, the Parties agree that Kent Municipal Court personnel are
responsible for implementing the Maple Valley Court Judge's orders. Given the agreements
set forth herein it is appropriate that the responsibilities of the Presiding Judge as set forth
in General Rule (GR) 29 of the Washington Court Rules rest with the Kent Municipal Court
Presiding Judge. Thus, for the purposes of GR 29, the Kent Municipal Court Presiding
Judge shall be the Presiding Judge of the Kent Municipal Court and shall maintain all of the
responsibilities of presiding judge as set forth in GR 29; provided, the Maple Valley Court
Judge shall be the Presiding Judge for the purposes of adjudicating Maple Valley Court
Cases and for the purposes of engaging in GR 29 responsibilities that are exclusive to
Maple Valley Court Cases and which do not impact the operations of the Kent Municipal
Court.
2.1. Maple Valley Court Cases - Defined. Maple Valley Court Cases shall include
all civil or traffic and other infraction cases, and all misdemeanor criminal
complaints commenced by Maple Valley in the Kent Municipal Court on or after January 1,
2013. Maple Valley Court Cases shall also include any civil or traffic and other infraction
cases and any misdemeanor criminal complaints filed in the Enumclaw Court prior to
January 1, 2013,that are closed and re-opened in the Kent Municipal Court.
2.2. Appointment of Maple Valley Municipal Judge. Pursuant to RCW 3.50.040,
the Maple Valley City Council will continue to appoint a Maple Valley Municipal Court
judge to adjudicate all Maple Valley Court Cases.
Interlocal Agreement between
City of Kent and Maple Valley
Page 2 of 10
2.3. Municipal Court Services and Supplies. The following court services shall be
provided by the Kent Municipal Court under this Agreement:
a. Court Staff. The Kent Municipal Court shall provide personnel
necessary to process all Maple Valley Court Cases. "Personnel' is defined as one or more
court clerks, and a court administrator. During the regularly scheduled Maple Valley Court
calendars, the staffing level provided by the Kent Municipal Court shall also include a
minimum of the services of one court clerk in the courtroom and one court clerk in the clerical
area to handle inquiries and financial transactions. hi addition, Kent shall provide a staffing
level of service necessary to timely process all Maple Valley Court Cases. By way of
illustration and not limitation, "to timely process" shall include the issuance of all notices to
appear, maintenance of Maple Valley Court files for all_Maple Valley Court Cases, case
scheduling for all Maple Valley Court Cases, processing of all fines and forfeitures for Maple
Valley Court Cases, and handling all paper work for Maple Valley infraction mitigation
hearings that are adjudicated via mail. The Kent Municipal Court staff shall utilize the JIS and
Sector systems as appropriate.
b. Court Hours. The Kent Municipal Court shall be open Monday
through Friday, from 8:30 a.m. to 4:30 pm; provided, the Kent Municipal Court shall not be
open during holidays recognized by the City of Kent. Any emergency closure of the Kent
Municipal Court due to weather or otherwise shall be at the sole discretion of the Kent
Municipal Court Presiding Judge. In the event that an emergency causes the closure of the
Kent Municipal Court on a day in which a Maple Valley Court calendar is scheduled, the
Kent Municipal Court Administrator shall work with the Maple Valley Court Judge to
reschedule cases. In the event that a Maple Valley Court calendar is not concluded by 4:30
pm, the cases remaining on the court calendar will be rescheduled to a different Maple
Valley Court calendar.
C. Discovery and Subpoenas. Maple Valley, through its appointed
prosecutor, shall be responsible for responding to discovery requests and for issuing
subpoenas. Kent Municipal Court personnel shall not be responsible for responding to
discovery requests or issuing subpoenas.
d. Court Security. T he Kent Municipal Court shall provide security
personnel who shall be present in and around the Kent Municipal Court facilities during
operating hours.
e. Public Defender Screenine. T h e Kent Municipal Court shall provide
a screener to perform public defender-screening services in the same manner as this service is
currently performed for the Kent Municipal Court.
f. Probation. For all Maple Valley Court Cases for which probation is
ordered, t h e Kent Municipal Court shall provide probation services of the same nature and
at the same level that such services are provided for Kent Cases.
Interlocal Agreement between
City of Kent and Maple Valley
Page 3 of 10
g. Supplies and Forms. T he Kent Municipal Court shall order forms
and paperwork necessary for processing Maple Valley Court Cases. By way of illustration and
not limitation, these forms and paperwork include case setting forms, infraction hearing forms,
warrants, statement on plea of guilty forms, speedy trial waiver forms and general office
supplies. Court forms to be utilized in the name of the Maple Valley Court shall be a cost
payable by the Maple Valley Court.
h. Language Interpretation. T h e Kent Municipal Court shall arrange for
and schedule all language interpretation services necessary for the processing of Maple Valley
Court Cases.
i. Jurors. T h e Kent Municipal Court shall arrange for the presence of
jurors as deemed necessary to adjudicate Maple Valley Court Cases.
j. Miscellaneous Equipment, Facility, and Utilitv Costs. T h e Kent
Municipal Court shall provide and maintain all equipment necessary for the processing of the
Maple Valley Court Cases. Kent shall provide the use of Kent's Municipal Court facility and
the space necessary for the processing of Maple Valley Court Cases, and all associated
janitorial services, facility insurance, building repair and maintenance, and related expenses.
Kent will be responsible for payment of all utility charges such as power, water, sewer, solid
waste, and telephone services for any portion of the facility or facilities utilized to process the
Maple Valley Court's Cases.
k. Annual Court Calendar. The Parties agree to work cooperatively to
establish an annual court calendar that establishes, at least one year in advance, the dates the
Maple Valley Court will be in session at the Kent Municipal Court. As of the date of
execution of this Agreement, the annual court calendar for 2013 has been established. The
annual court calendar includes two court days, one overflow court day, and one jury day per
month. Additional court days may be added at the discretion of the court administrator
working in cooperation with the Maple Valley Judge. The number of cases set per calendar
will be coordinated by the Kent Municipal Court Administrator and the Maple Valley
Judge. For purposes of establishing annual court calendars for 2014 and beyond, the Kent
Municipal Court Administrator shall work cooperatively with the Maple Valley Court
Judge and the appointed Maple Valley Prosecutor, to find mutually agreeable dates for the
Maple Valley Court to conduct its proceedings. Final copies of the annual court calendar
shall be distributed to the following persons: Kent Municipal Court Administrator, Kent
City Attorney, Maple Valley Court Judge, appointed Maple Valley Prosecutor, appointed
Maple Valley Public Defender(s), and the Maple Valley City Attorney.
1. Communications. Kent agrees to post information on its website, to
provide information to the public regarding the dates that the Maple Valley Court will be
held at the Kent Municipal Court in accordance with the annual court calendar, and to
include contact information for Maple Valley, similar to the website information provided
by Maple Valley on its website. Kent further agrees to provide a link to the Maple Valley
website information on the same subject.
Interlocal Agreement between
City of Kent and Maple Valley
Page 4 of 10
3. Mitigation Hearings. Infraction mitigation hearings will be held pursuant to Maple
Valley local court rule. For purposes of this Agreement, a "mitigation hearing" is a hearing
requested by the recipient of a traffic infraction to explain mitigating circumstances leading
to the commission of the infraction. Present during mitigation hearings will be the Maple
Valley Court Judge, and a court clerk provided by the Kent Municipal Court. Mitigation
hearings will be scheduled according to the annual court calendar. The Kent Municipal
Court's personnel will be responsible for the scheduling and processing of all paperwork for
mitigation hearings. Any fines collected during such mitigation hearings will be processed by
the Kent Municipal Court on behalf of the Maple Valley Court and returned to Maple Valley
pursuant to and consistent with Section 5, infra. At the sole discretion of the Maple Valley
Court Judge, Maple Valley's Prosecutor is not required to be present during mitigation
hearings.
4. Fees.
4.1. Flat Fee. In consideration of the services and supplies enumerated in Sections
2 and 3, supra, Maple Valley shall remit to Kent $175,000.00 annually, to be paid on a
monthly basis at the rate of $14,583.33 each month. The $175,000.00 annual rate is based
upon the following estimates of case filings:
a. For 2012, Maple Valley estimates that 3,180 cases will be filed, which
includes 307 criminal cases, and 2,846 infractions.
b. For 2013, Maple Valley estimates that 3,498 cases will be filed, which
includes 338 criminal cases, and 3,130 infractions.
The Parties agree that for any month in which there are filed more than 333 cases
(either criminal cases, infractions, or a combination of both), Maple Valley will pay Kent
an additional $4000.00 over and above the monthly rate of$14,583.33.
4.2 Transfer of Active Cases and Case Transfer Fees. Maple Valley is under
contract with the City of Enumclaw for court services until December 31, 2012. It is the
intent of Maple Valley to transfer certain active cases currently filed in Enumclaw to the Kent
Municipal Court. Maple Valley will, in its sole discretion, determine which cases will be
transferred from Enumclaw to the Kent Municipal Court. In order to effectuate the transfer of
those cases, Maple Valley will provide to the Kent Municipal Court a list of cases to be
transferred no later than December 15, 2012. Maple Valley will deliver to the Kent Municipal
Court, all the files it intends to transfer to the Kent Municipal Court by noon on December 28,
2012. The Kent Municipal Court will be provided with no less than 30 days to complete the
transfer of cases. The Kent Municipal Court will endeavor to complete the transfer cases
scheduled for the January 9, 2013 Maple Valley Court day prior to January 9, 2013. Similarly,
the Kent Municipal Court will endeavor to complete the transfer of cases scheduled for the
January 23, 2013 Maple Valley Court day prior to January 23, 2013. A list of all cases
transferred by the Kent Municipal Court will be provided to the Maple Valley Judge, the
appointed Maple Valley Prosecutor, the Maple Valley public defender, and the Maple Valley
City Attorney.
Interlocal Agreement between
City of Kent and Maple Valley
Page 5 of 10
In consideration for transferring any cases from the Enumclaw court to the Kent
Municipal Court, Maple Valley shall pay to the Kent Municipal Court the following
("Transfer Fees'):
a. $30.00 per infraction transferred
b. $120.00 per criminal case transferred
c. Overtime fees at a rate of$40.00 per hour
Kent shall invoice Maple Valley after the listed cases have been transferred, and Maple
Valley shall have 30 days to remit payment to Kent.
4.3. Other Fees and Costs. Kent shall invoice Maple Valley at least quarterly for
the following fees and costs (which costs are not included in the Flat Fee or Transfer Fees:
a. Witness fees;
b. Jury fees and juror summons' fees;
C. Language interpreter fees;
d. Cost of printing Maple Valley Court forms
All other costs not specifically enumerated in Section 4.3 are subsumed in the Flat
Fee and Transfer Fees set forth in Section 4.1.
5. Fines and Forfeitures. With the exception of probation costs, records check costs,
copies, and NSF fees that are collected by Kent, Kent shall remit monthly to Maple Valley
costs, fines and bail forfeitures associated with Maple Valley Court Cases that were received
by Kent the prior month. No state costs or assessments shall be deducted by the Kent
Municipal Court from the remittance. Maple Valley shall make appropriate distributions
from this remittance to the State of Washington and King County. Maple Valley's monthly
flat fee payment to Kent as described in Section 4.1 shall be contingent on Maple Valley's
receipt of the monthly remittance from Kent.
6. Maple Valley Municipal Court Judge and Judges Pro Tem. The Maple Valley Court
Judge will appoint various Judges Pro Tem to conduct Maple Valley Court proceedings.
The Maple Valley Judge shall be responsible for scheduling any Maple Valley Judges Pro
Tem. Maple Valley shall be responsible for paying the cost of Maple Valley Judges Pro
Tem. The Maple Valley Court Judge will review statements of probable cause and provide
signed orders of release or the setting of bail to the Kent Municipal Court for any defendant
booked into jail, and provide a copy of that order to the pertinent jail. Kent Municipal
Court personnel shall set first appearance or arraignment dates for Maple Valley defendants
that have been booked into jail only after receipt of a signed order from the Maple Valley
Court Judge or a duly appointed Maple Valley Judge Pro Tem. The Maple Valley Court
Judge may promulgate local court rules for the Maple Valley Court, as well as
administrative orders. Nothing in this Section shall operate to prevent the Maple Valley
Court Judge from working cooperatively with the Kent Presiding Judge on the coordination
of local rules for Maple Valley that are similar to, or mirror, local court rules promulgated
Interlocal Agreement between
City of Kent and Maple Valley
Page 6 of 10
by the Kent Municipal Court, but such decisions are discretionary with the Maple Valley
Court Judge.
7. Appearance by Maple Valley Prosecutor and Indigent Counsel. All determinations
relating to the appearance of a prosecutor or indigent defense counsel in a Maple Valley
Court Case shall be the responsibility of and shall be made at the sole discretion of Maple
Valley and the Maple Valley Court Judge. The appointed Maple Valley Prosecutor will
not be required to be present for infraction mitigation hearings and will defer to the Maple
Valley Court's discretion on these matters. In any case where the appointed Maple Valley
Prosecutor desires to be heard on a particular in-custody issue, the Prosecutor will transmit
his or her recommendation by facsimile or email to the Kent Municipal Court
Administrator or her designee and the Maple Valley Court Judge in compliance with CrRLJ
3.2.1(b) and RCW 9A.72.085, or, in the alternative,the Prosecutor will appear personally.
8. Kent Prosecutors and Defense Attorneys Shall Not Appear. The Parties agree that
the Kent Prosecutor and indigent defense counsel on contract with Kent shall not appear in
Maple Valley Court Cases unless a separate contract for such services is agreed to between
Maple Valley and Kent.
9. Effective Date - Duration. This Agreement shall be effective as of the later date of
execution by either party and shall terminate at 11: 59 PM on December 31, 2014. The
Parties may extend this Agreement by separate written agreement.
10. Termination for Breach. The parties agree that this Agreement shall be effective
until the date and time specified in Section 9. In the event a party is in material breach of
this Agreement, the breaching party shall be provided with 30 calendar days to cure the
breach, and if that party fails to do so, the party not in breach may refer the matter of
breach to its executive for dispute resolution (for Kent, the Mayor; for Maple Valley, the
City Manager).
11. Future Agreements — Sharing of Information. Kent agrees that, at the request of
Maple Valley, it will share Kent Municipal Court budget information; Kent Municipal
Court case filing information for both Maple Valley cases and Kent cases; Kent Municipal
Court statistical information available by utilization of computer systems maintained by the
state Office of Administrator of the Courts; and other relevant data produced or maintained
by Kent; provided that Kent shall not be required to maintain statistical information not
currently maintained by the State Office of the Administrator of the Courts; and provided
further that Maple Valley will be required to conduct any desired analysis, graphing, and
statistical comparison and work-up of such data.
12. Financing. There shall be no financing of any joint or cooperative undertaking
pursuant to this Agreement, except as set forth herein. There shall be no budget
Interlocal Agreement between
City of Kent and Maple Valley
Page 7 of 10
maintained for any joint or cooperative undertaking pursuant to this Agreement, except to the
extent it is necessary for Kent to keep the receipt of the Maple Valley Court's payments for
costs, fines, penalties and assessments separate and distinct from the Kent Municipal Court's
payments for costs, fines,penalties and assessments.
13. Property. This Agreement does not provide for the acquisition, holding or disposal
of real or personal property.
14. Joint Administrative Board. No separate legal or administrative entity is created by
this Agreement. To the extent necessary, this Agreement shall be administered by the City
Attorney for Maple Valley or his/her designee, and the City Attorney for Kent or his/her
designee.
15. Indemnification.
15.1. Kent shall indemnify and hold harmless Maple Valley and its officers,
agents, and employees, or any of them from any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out
of any act or omission of Kent, its officers, agents, and employees, or any of them relating to
or arising out of the performance of this contract. In the event that any suit based upon such
a claim, action, loss, or damage is brought against Maple Valley, Kent shall defend the same
at its sole cost and expense, provided that Maple Valley retains the right to participate in
said suit; and if final judgment be rendered against Maple Valley, and its officers, agents,
and employees, or any of them, or jointly against Maple Valley and Kent and their respective
officers, agents, and employees, or any of them, the parties shall apportion any damages
between them according to the proportionate amount of fault as set forth in the judgment.
15.2. Maple Valley shall indemnify and hold harmless Kent and its officers,
agents, and employees, or any of them from any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of
any act or omission of Maple Valley, its officers, agents, and employees, or any of them
relating to or arising out of the performance of this contract. In the event that any suit based
upon such a claim, action, loss, or damage is brought against the Kent, Maple Valley shall
defend the same at its sole cost and expense; provided that Kent retains the right to
participate in said; and if final judgment be rendered against Kent, and its officers, agents,
and employees, or any of them, or jointly against Kent and Maple Valley and their respective
officers, agents, and employees, or any of them, the parties shall apportion any damages
between them according to the proportionate amount of fault as set forth in the judgment.
15.3. T h e provisions of this Section shall survive termination of this Agreement.
16. Entire Agreement. This Agreement constitutes the entire Agreement between the
parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of
this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may
request amendments to this Agreement. Proposed amendments which are mutually agreed
Interlocal Agreement between
City of Kent and Maple Valley
Page 8 of 10
upon shall be incorporated by written amendment hereto.
17. Notices. Notices shall be sent to the following addresses:
City Manager Mayor
City of Maple Valley City of Kent
P.O. Box 320 220 Fourth Ave S
Maple Valley, WA98038 Kent, WA98032
With a copy to: With a copy to:
City Attorney City Attorney
18. Attorney's Fees. Each party shall be responsible for its own attorney and legal fees
in any legal proceeding brought for the enforcement of this Agreement, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of
this Agreement.
19. Severability.
19.1. If, for any reason, any part, term or provision of this Agreement is held by a
court of competent jurisdiction to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the parties shall
be construed and enforced as if the Agreement did not contain the particular provision held
to be invalid.
19.2. If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith shall be
deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be
deemed modified to conform to such statutory provisions.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed.
CITY OF MAPLE VALLEY CITY OF KENT
David W. Johnston Suzette Cooke
City Manager Mayor
Interlocal Agreement between
City of Kent and Maple Valley
Page 9 of 10
ATTEST: ATTEST:
Shaunna Lee-Rice Brenda Jacober
City Clerk City Clerk
Approved as to Form: Approved as to Form:
Christy A. Todd Tom Brubaker
City Attorney City Attorney
Stephen Rochon
Maple Valley Court Judge Kent Court Judge
P:\Civil\Files\Open Files\0265-Municipal Court Genera l\Mapie Valley Inter local Agree ment\ILA_City_of_Kent_Ver8_docx
Interlocal Agreement between
City of Kent and Maple Valley
Page 10 of 10
KENT Agenda Item: Consent Calendar - 7D
TO: City Council
DATE: August 7, 2012
SUBJECT: Agreement with Maple Valley for Jail Services - Authorize
MOTION: Authorize the Mayor to enter into an Interlocal Agreement with
the city of Maple Valley for city of Kent jail services, subject to final terms and
conditions acceptable to the City Attorney.
SUMMARY: Coupled with the Maple Valley court services agreement, Maple
Valley also does not have a city jail. The city of Kent has negotiated an agreement
with Maple Valley to guarantee Maple Valley at least two jail beds per night on an
annual basis, at a cost to Maple Valley of $80,300.00 per year. Based on availability
in Kent's jail, additional jail beds will be made available to Maple Valley, if needed, at
a cost of $135 per jail bed per day. Maple Valley will also be responsible for certain
other incidental costs.
EXHIBITS: Interlocal Agreement
RECOMMENDED BY: Operations
BUDGET IMPACTS: The city will receive income, but not having conducted this type
of jail bed arrangement before, revenue projections are difficult to estimate.
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF MAPLE VALLEY AND THE CITY OF KENT FOR
JAIL SERVICES
THIS AGREEMENT is made and entered into by and between the City of Maple Valley
("Maple Valley"), a municipal corporation in the State of Washington and the City of Kent
("Kent'), a municipal corporation in the state of Washington, collectively the ("Parties").
WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation
Act, Ch. 39.34 RCW; and
WHEREAS, the City of Maple Valley incorporated on August 31, 1997; and
WHEREAS, pursuant to state law, Maple Valley is responsible for the incarceration of
defendants held pending resolution of misdemeanor cases and upon conviction for misdemeanor
crimes committed in Maple Valley ("Maple Valley Inmates"); and
WHEREAS, Maple Valley does not own a facility suitable for incarcerating Maple
Valley Inmates; and
WHEREAS, Kent, which is located in King County, operates a municipal corrections
facility known as the Kent Corrections Facility ("KCF"); and
WHEREAS, Kent is willing to provide for the housing of Maple Valley Inmates pursuant
to this Agreement;
NOW, THEREFORE, in consideration of the terms and conditions set forth below, it is
mutually agreed by and between Maple Valley and Kent as follows:
1. Purpose of Agreement. The purpose of this Agreement is to provide for the incarceration
of Maple Valley Inmates at the KCF; to establish the services that Kent will provide pursuant to
the incarceration of Maple Valley Inmates as well as the responsibilities of Maple Valley; and to
set forth the fees to be paid by Maple Valley for such services.
2. Maple Valley Inmate — Defined. A Maple Valley Inmate shall be a person 18 years of
age or older who is arrested for, charged with, or convicted of a misdemeanor offense committed
in the City Limits of Maple Valley.
3. Jail Services Provided. The KCF shall provide the jail services enumerated in Section 3.1
for Maple Valley Inmates. The KCF, through its personnel, shall provide jail services
enumerated herein to Maple Valley at the same level as the KCF provides services to Kent
inmates.
Interlocal Agreement between
City of Kent and Maple Valley
Page 1 of 7
3.1. Guaranteed Space. The KCF shall provide Maple Valley with space for two
Maple Valley Inmates for each day that this Agreement is effective. These two spaces shall be
referred to as Guaranteed Space. This Guaranteed Space shall be reserved only for Maple
Valley Inmates as that term is defined in this Agreement. Maple Valley shall pay for the
Guaranteed Space whether or not the Guaranteed Space is occupied by Maple Valley Inmates.
3.2 Additional Space. The KCF may have additional jail space available depending
on its jail population, which fluctuates on an hourly basis ("Additional Space"). In the event
that Maple Valley brings a Maple Valley Inmate to the KCF for processing when the Guaranteed
Space is occupied, it will be presumed that Maple Valley is requesting Additional Space, and
additional space shall be made available at the discretion of the KCF. In the event that
Additional Space is made available, such Additional Space shall be paid for at the rate provided
for in Section 4.2.b of this Agreement. In the event that Additional Space is not made available,
Maple Valley shall be solely responsible for making other arrangements for the incarceration of
the Maple Valley Inmate.
3.2 Jail Services. Maple Valley Inmates shall be subject to the same terms and
conditions of confinement as Kent inmates, and shall be subject to the same policies and
procedures applicable to Kent inmates.
3.3 Programs — Incarceration Alternatives. Subject to KCF policies and procedures,
Maple Valley Inmates shall have the same opportunities as Kent inmates to participate in
alternative programs such as but not limited to electronic home monitoring, work release, and
work crew. A Maple Valley Inmate participating in a program shall count as a Maple Valley
Inmate occupying Guaranteed Space, or if there are more than two Maple Valley Inmates,
Additional Space.
3.4 Medical Services and Medications. Maple Valley Inmates shall receive the same
level of medical care, and medications under the same circumstances, as Kent inmates. Medical
care and medications which are provided by Occupational Health Services ("OHS") staff on
contract with the KCF and at the KCF shall be included in the cost of incarceration.
Any medical care deemed, at the discretion of KCF or OHS staff, necessary for the
proper care of a Maple Valley Inmate, but which is provided to a Maple Valley Inmate at a
location other than KCF, or by medical staff other than OHS staff on contract with KCF, shall be
an additional cost to Maple Valley, and Maple Valley shall be responsible for payment of such
costs to the provider of such medical care. For example, and not by way of limitation, in the
event a Maple Valley Inmate must be transported to a medical facility for treatment, the cost of
medical treatment at the medical facility shall be a cost paid solely by Maple Valley, and Kent
shall not be responsible for any part of the cost. Any bills or requests for payment of such costs
shall be delivered to Maple Valley for payment or settlement.
3.5 Booking of Ill or Injured Maple Valley Inmates. It is recognized that the KCF is
not well equipped to handle inmates with major medical emergencies or needs. Maple Valley
shall endeavor to find an alternative to booking Maple Valley Inmates with major medical
Interlocal Agreement between
City of Kent and Maple Valley
Page 2 of 7
emergencies or needs at the KCF.
3.6 Medical Transportation Costs. The costs of transporting Maple Valley Inmates to
medical facilities shall be paid by Maple Valley and shall not be included in the payment for
Guaranteed Space; provided, at the sole discretion of the KCF, the KCF staff may transport a
Maple Valley Inmate to a medical facility, and in such case, Maple Valley shall not be charged
for such transport. Any bills or requests for payment of medical transportation costs shall be
delivered to Maple Valley for payment or settlement.
3.7 Transporting Maple Valley Inmates to Court or Other Jail facilities. Maple
Valley shall arrange for the transport of Maple Valley Inmates to all court appearances and to
other jails as necessary. Kent shall not be responsible for transporting Maple Valley Inmates to
court or other jails; provided, at the sole discretion of the KCF, the KCF staff may transport a
Maple Valley Inmate to the Kent Municipal Court, and in such case, Maple Valley shall not be
charged for such transport.
3.8 Video Court Services. KCF shall make available the KCF library and video link
between the KCF and the Kent Court in order to facilitate video hearings by the Maple Valley
Court for Maple Valley Inmates incarcerated at the KCF. The scheduling of video link usage
shall be mutually agreed upon by Kent and Maple Valley.
3.9 Maple Valley Inmates — Meeting Space for Defense Counsel. KCF shall make
space available for Maple Valley Inmates to meet with private counsel and indigent defense
counsel in order to provide inmates with the effective assistance of counsel.
3.10 Release of Maple Valley Inmates—KCF shall release Maple Valley Inmates
pursuant to a signed order from the Maple Valley Court Judge or duly appointed Maple Valley
Judge Pro Tem. KCF shall accept the Maple Valley Judge's orders sent via facsimile or other
form of electronic transmission to the KCF.
4. Fees. In consideration of the services enumerated in Section 3 of this Agreement, the
Parties agree to the following fees and charges:
4.1. Fixed Fees for Guaranteed Space. Maple Valley shall pay for Guaranteed Space,
as that phrase is described elsewhere in this Agreement, at a rate of$220.00 per day ($80,300.00
per year).
4.2 Variable Fees for Booking and Additional Space. Maple Valley shall pay the
following for Additional Space as that phrase is defined in Section 4.2.b of this Agreement:
a. Fees for Booking. Kent shall invoice Maple Valley for booking fees in the
amount of $35.00 per booking. For the purposes of this section, "booking" shall mean each
instance in which a Maple Valley Inmate is booked into the jail after a period in which he or she
was not subject to confinement or participating in a jail program. Maple Valley Inmates who are
transported for a court hearing and then transported back to the KCF at the conclusion of the
Interlocal Agreement between
City of Kent and Maple Valley
Page 3 of 7
hearing will not be considered booked when readmitted to the KCF. Inmates who return to the
KCF on their own free will after a temporary release or medical release shall not be considered
booked when readmitted to the KCF.
b. Additional Space - Daily Rate. The daily rate for Additional Space for each
additional Maple Valley Inmate who occupies the KCF over and above the Guaranteed Space
shall be $135.00 per day. A full day shall be charged for any Maple Valley Inmate who
occupies Additional Space for any period of a day. For example, and not by limitation, a Maple
Valley Inmate who is booked into the KCF on Monday at 9:00 p.m., and released the following
Tuesday at 1:00 pm shall be deemed to have spent two days in the KCF, and the cost of the daily
rate shall be 2 X $135.00,for atotal of$270.00.
5. Billing and Payment. Kent shall bill Maple Valley no less than quarterly for all fixed and
variable fees as set forth in Section 4 of this Agreement. The bill shall identify the Maple Valley
Inmates who occupied the KCF during the quarter by name, as well as the number of days each
Maple Valley Inmate occupied jail space. The bill shall also provide the booking date and
inmate name for any booking fee charged. Maple Valley shall pay to Kent the amounts billed
within 30 days of receipt of such bill. The failure of Kent to bill Maple Valley for such services
shall not relieve Maple Valley of the responsibility for paying any fixed or variable fees.
The parties may agree in writing to an alternate method or timing for billing and payment.
6. Effective Date - Duration. This Agreement shall be effective as of the later date of
execution by either party and shall terminate at 11:59 PM on December 31, 2014. The Parties
may extend this Agreement by separate written agreement.
7. Termination - Notice.
a. Termination without Breach. Should either party desire to terminate this
Agreement absent a breach, a Notice of Termination shall be provided to the other party by July
1 of any given year in which this Agreement is effective. In no event shall a notice of intent to
terminate without a breach contain an effective date of termination prior to December 31 of any
given year.
b. Termination for Breach. In the event a party is in material breach of this
Agreement, the breaching party shall be provided with 30 calendar days to cure the breach, and
if that party fails to do so, this Agreement may be terminated by written notice issued by the
non-breaching party.
8. Financing. There shall be no financing of any joint or cooperative undertaking pursuant
to this Agreement, except as set forth herein. There shall be no budget maintained for any joint
or cooperative undertaking pursuant to this Agreement.
Interlocal Agreement between
City of Kent and Maple Valley
Page 4 of 7
9. Property. This Agreement does not provide for the acquisition, holding or disposal of
real or personal property.
10. Joint Administrative Board. No separate legal or administrative entity is created by this
Agreement. To the extent necessary, this Agreement shall be administered by the City Attorney
for Maple Valley or his/her designee, and the City Attorney for Kent or his/her designee.
11. Indemnification.
11.1. Kent shall indemnify and hold harmless Maple Valley and its officers, agents,
and employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or
omission of Kent, its officers, agents, and employees, or any of them relating to or arising out of
the performance of this contract. In the event that any suit based upon such a claim, action, loss,
or damage is brought against Maple Valley, Kent shall defend the same at its sole cost and
expense, provided that Maple Valley retains the right to participate in said suit; and if final
judgment be rendered against Maple Valley, and its officers, agents, and employees, or any of
them, or jointly against Maple Valley and Kent and their respective officers, agents, and
employees, or any of them, the parties shall apportion any damages between them according to
the proportionate amount of fault as set forth in the judgment.
11.2. Maple Valley shall indemnify and hold harmless Kent and its officers, agents,
and employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or
omission of Maple Valley, its officers, agents, and employees, or any of them relating to or
arising out of the performance of this contract. In the event that any suit based upon such a
claim, action, loss, or damage is brought against the Kent, Maple Valley shall defend the same at
its sole cost and expense; provided that Kent retains the right to participate in said; and if final
judgment be rendered against Kent, and its officers, agents, and employees, or any of them, or
jointly against Kent and Maple Valley and their respective officers, agents, and employees, or
any of them, the parties shall apportion any damages between them according to the
proportionate amount of fault as set forth in the judgment.
11.3. The provisions of this Section shall survive termination of this Agreement.
12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties
hereto and no other Agreements, oral or otherwise, regarding the subject matter of this
Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request
amendments to this Agreement. Proposed amendments which are mutually agreed upon shall be
incorporated by written amendment hereto.
Interlocal Agreement between
City of Kent and Maple Valley
Page 5 of 7
13. Notices. Notices shall be sent to the following addresses:
City Manager Mayor
City of Maple Valley City of Kent
P.O. Box 320 220 Fourth Ave S
Maple Valley, WA 98038 Kent, WA 98032
With a copy to: With a copy to:
City Attorney City Attorney
14. Attorney's Fees. Each party shall be responsible for its own attorney and legal fees in
any legal proceeding brought for the enforcement of this Agreement, or because of a dispute,
breach, default, or misrepresentation in connection with any of the provisions of this Agreement.
15. Severability.
15.1. If, for any reason, any part, term or provision of this Agreement is held by a court
of competent jurisdiction to be illegal, void or unenforceable, the validity of the remaining
provisions shall not be affected, and the rights and obligations of the parties shall be construed
and enforced as if the Agreement did not contain the particular provision held to be invalid.
15.2. If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith shall be
deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be
deemed modified to conform to such statutory provisions.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.
CITY OF MAPLE VALLEY CITY OF KENT
David W. Johnston Suzette Cooke
City Manager Mayor
ATTEST: ATTEST:
Shaunna Lee-Rice Brenda Jacober
City Clerk City Clerk
Interlocal Agreement between
City of Kent and Maple Valley
Page 6 of 7
Approved asto Form: Approved asto Form:
Christy A. Todd Tom Brubaker
City Attorney City Attorney
Interlocal Agreement between
City of Kent and Maple Valley
Page 7 of 7
KENT Agenda Item: Consent Calendar - 7E
TO: City Council
DATE: August 7, 2012
SUBJECT: Lodging Tax Advisory Committee Re-appointments - Confirm
MOTION: Confirm the re-appointments of Barbara Smith, David Kwok and
Beth Sylves to the Lodging Tax Advisory Committee.
SUMMARY: The Lodging Tax Advisory Committee recommends Barbara Smith,
David Kwok and Beth Sylves be re-appointed to the Lodging Tax Advisory Committee.
Ms. Smith is the Executive Director of the Kent Downtown Partnership. Mr. Kwok is
the General Manager of the Hampton Inn and was also a member of the Auburn
Lodging Tax Committee. Ms. Sylves, as the Director of Marketing for the ShoWare
Center, has engaged the local business community, and has been involved in planning
and promoting activities that generate visitors to Kent as well as the greater Seattle
and Southside areas.
All re-appointments will be for a three-year term, which expires July 31, 2015.
EXHIBITS: None
RECOMMENDED BY: Mayor Suzette Cooke & Lodging Tax Advisory Committee
BUDGET IMPACTS: None
KENT Agenda Item: Consent Calendar — 7F
TO: City Council
DATE: August 7, 2012
SUBJECT: 2012 4Culture Sustained Support Grant Agreement —
Authorize
MOTION: Accept the Sustained Support Grant from 4Culture to support
2012 Kent Arts Commission programs in the amount of $17,000, authorize the
Mayor to sign all the necessary documents and authorize expenditure of funds in
accordance with the grant, subject to approval of final terms and conditions
acceptable to the Parks Director and City Attorney.
SUMMARY: 4Culture has awarded the Kent Arts Commission $17,000 in
Sustained Support funding through a competitive grant process. The funding will
support 2012 programs, including Spotlight Series performances, Kent Kids' Arts Day
and Kent Summer Concert Series.
EXHIBITS: Grant Agreement
RECOMMENDED BY: Parks and Human Services Committee
BUDGET IMPACTS: Kent Arts Commission Budget
Agreement No. 112069A
Contractor's Federal Taxpayer ID No. (last 4 digits)
Contractor City of Kent Arts Commission
Project Title: 2012 Programs
Contract Amount: $17,000.00 Fund Source: CP —Arts Sustained Support
Contract Period From: 01/01/2012 To: 12/31/2012
AGENCY SERVICES CONTRACT 2012
THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY
("4Culture"), whose address is 101 Prefontare Place South, Seattle, WA 98104-2672 and telephone
number is (206) 296-7580 and City of Kent Arts Commission (the "Contractor"), whose address is 220 4th
Ave S, Kent, WA 98032 and telephone number is (253) 856-5055. Contractor is an art, cultural or
historical organization or specialist qualified to receive funds pursuant to King County Code Sections 2.48
and 4.42 and RCW 67.28.180 and as hereinafter may be amended. The 4Culture Board of Directors
approved providing funds for this project by Motion No. 2012-10.
4Culture desires to provide funds with which the Contractor shall render certain services to King County
citizens. Such services are for the benefit of art museums, cultural museums, heritage museums, the arts,
and/or the performing arts and are consistant with those defined in RCW 67.28A 80 ("Public Benefit
Services").
4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et sec. RCW
35.21.750 provides as follows: "[All] 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."
The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse
Project costs in consideration of services provided hereunder constitutes a public purpose with the
meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly
be expended or advanced.
NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to
be made and performed by the parties hereto, the parties covenant and do mutually agree as follows:
AG SVC 2012 Page 1 of 7
I. SCOPE OF SERVICES
A. The Contractor shall provide services and comply with the requirements set forth hereinafter and
in the following attached exhibits which are incorporated herein by reference:
® Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A
® Project Proposal and Budget Attached hereto as Exhibit B
® Insurance Requirements Attached hereto as Exhibit C
❑ Personnel Inventory (K.C.0 12.16.060A)( In combination with Attached hereto as Exhibit D
other agreements, in excess of $25,000 in a calendar ear
❑ Affidavit and Certificate of Compliance (K.C.0 12.16.060B) Attached hereto as Exhibit E
for Agreements in excess of$25,000
❑ Disability Assurance of Compliance/Section 504 (KCC Attached hereto as Exhibit F
12.16.060D) [ORGANIZATIONS ONLY
B. Purchase of Services. Funds awarded under this Agreement shall be used solely to reimburse
the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and
Budget and/or the Specific Scope of Services attached. Any amendment or modification to the Project
Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in
writing by 4Culture. The work described generally by the Project Proposal and Budget and more
specifically by the Specific Scope of Services shall hereinafter be referred to as the "Project".
C. In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that
may be specified in the Specific Scope of Services attached.
D. Contractor agrees to acknowledge 4Culture support with inclusion of the approved 4Culture logo
in all marketing and promotional materials during the period this contract is in force:
T
roved logos are available for download in a variety of formats at
C U LT U R E p://www.4culture.brg
E. The Contractor agrees to notify 4Culture in advance of any public Project activities, including but
not limited to ground breaking events, dedications, and other public programs.
Il. DURATION OF CONTRACT
This Agreement shall commence on January 1. 2012 and shall terminate on December 31. 2012.
This Agreement, however, may be terminated earlier as provided in Section IV hereof.
Ill. COMPENSATION AND METHOD OF PAYMENT
A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in
satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all requirements
specified in this contract in an aggregate amount not to exceed $17.000.00.
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AG SVC 2012 Page 2 of 7
B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases as
detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract.
C. Contractor shall submit an invoice and all accompanying reports in the forms attached hereto
as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the
Specific Scope of Services and Reimbursement Schedule. 4Culture will initiate authorization for payment
after approval of corrected invoices and reports. 4Culture shall make payment to the Agency not more
than 60 days after the appropriate invoice is received.
D. Contractor shall submit its final invoice and all outstanding repots within 30 days of the date
this Agreement terminates. If the Agency's final invoice and reports are not submitted by the day specified
in this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set
forth in said invoice or any subsequent invoice
E. Accompanying the final invoice for the project, the Contractor shall also submit:
1. A project evaluation report upon the form provided by 4Culture.
2. If 4Culture requests, at least two images (prints, slides, or digital images accompanied
by a high-quality print-out) of publishable quality for use by 4Culture to publicize its funding programs.
Photos shall have credits, caption information, and permission to publish.
F. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any
manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until
4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in
addition to and not in lieu of 4Culture's right to terminate this contract as provided in Section IV, any other
rights of4Culture under this Agreement and any other right or remedy available to4Culture at law or in
equity.
IV. TERMINATION OF AGREEMENT
A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or
stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining
allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor
describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines
that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or
violation.
V. MAINTENANCE OF RECORDS
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A. The Contractor shall maintain accounts and records, including personnel, property, financial,
and programmatic records and other such records as may be deemed necessary by 4Culture to ensure
proper accounting for all contract funds and compliance with this Agreement. All such records shall
sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided
in the performance of this Agreement.
B. These records shall be maintained for a period of six (6) years after termination of this
Agreement unless a longer retention period is required by law.
AG SVC2012 Page of
VI. AUDITS AND EVALUATIONS
A. The records and documents with respect to all matters covered by this Agreement shall be
subject at all times to inspection, review or audit by 4Culture and/or federal/state officials so authorized by
law during the performance of this Agreement and six (6) years after termination hereof.
B. The Contractor shall provide right of access to its facilities, including by any subcontractor to
4Culture, the King County, state and/or federal agencies or officials at all reasonable times in order to
monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the
Contractor in the case of fiscal audits to be conducted by 4Culture.
C. The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's
performance under this contract and to make available all information reasonably required by any such
evaluation process. The results and records of said evaluations shall be maintained and disclosed in
accordance with RCW Chapter 42.17 (Public Records Act).
VII. PROPRIETARY RIGHTS
If any patentable or copyrightable material or article should result from the Project, all rights
accruing from such material or article shall be the sole property of Contractor. Contractor agrees to and
does hereby grant to 4Culture, an irrevocable, nonexclusive, and royalty-free license to use, according to
law, any material or article and use any method that may be developed as part of the work under this
Agreement. The foregoing license shall not apply to existing training materials, consulting aids, checklists,
and other materials and documents of Contractor which are modified for use in the performance of this
Agreement.
Vill. FUTURE SUPPORT
4Culture makes no commitment to support the services contracted for herein nor guarantee
regarding the success of the services and assumes no obligation for future support of the Project except
as expressly set forth in this Agreement. '
IX. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Agreement, the Contractor is an independent contractor, and
shall determine the means of accomplishing the results contemplated by this Agreement. Neither the
Contractor nor its officers, agents or employees are employees of 4Culture for any purpose. The
Contractor shall comply with all applicable federal and state laws and regulations regarding employment,
minimum wages and hours, and discrimination in employment. The Contractor is responsible for
determining the compensation of its employees, for payment of such compensation, and for all federal
and/or state tax, industrial insurance, and Social Security liability that may result from the performance of
and compensation for these services. The Contractor and its officers, agents, and employees shall make
no claim of career service or civil service rights which may accrue to a 4Culture employee under state or
local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or
taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement. To the
extent allowed by law, the Contractor shall protect, defend, indemnify and save harmless 4Culture and its
officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever
occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or
taxes; (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor
employees or other suppliers in connection with or support of the performance of this Agreement. The
Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and
employees, from and against any and all claims made by Contractor's employees arising from their
employment with Contractor.
AG SVC 2012 Page 4 of 7
B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify,
and save harmless 4Culture its officers, employees, and agents from any and all costs, claims,judgments,
and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the
Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture's sole
negligence. If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection
with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to,
subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or
other structure, project, development, or improvement attached to real estate" within the meaning of RCW
4.24.225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers,
employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents'
negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim,
demand, and/or cause of action brought by or on behalf of any employees, or agents. In the event
4Culture incurs any judgment, award and/or cost arising there from including attorneys' fees to enforce the
provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor.
Claims shall include, but are not limited to, assertions that the use or transfer of any software, book,
document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes
an infringement of any copyright.
X. INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of this Agreement insurance as
described on the Exhibit labeled as Insurance Requirements attached hereto.
XI. CONFLICT OF INTEREST
Chapter 42.23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by
reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said
Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material
breach of contract.
In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of
4Culture who exercises any functions or responsibilities in connection with the planning and
implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial
interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants
neither it nor any other person beneficially interested in this Agreement has offered to give or given any
such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in
connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with
this provision.
AG SVC 2012 Page 5 of 7
X11. NONDISCRIMINATION
During the performance of this Agreement, Contractor shall comply with state, federal and local
legislation requiring nondiscrimination in employment and the provision of services to the public, including,
but not limited to: Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (the Washington state law
against discrimination); K.C.C. chapter 12.16 regarding discrimination and affirmative action in
employment by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination
in contracting; K.C.C, chapter 12.18 requiring fair employment practices; K.C.C. chapter and 12.22
prohibiting discrimination in places of public accommodation.
The Contractor shall maintain, until 12 months after completion of all work under this contract, all
written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to
participate in this Agreement. The Contractor shall make such documents available to 4Culture for
inspection and copying upon request.
X111. NOTICES
Whenever this Agreement provides for notice to be provided by one party to another, such notice
shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of
4Culture at the addresses first written above. Any time within which a party must take some action shall be
computed from the date that the notice is received by said parry.
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XIV. GENERAL PROVISIONS
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No modification or amendment to this Agreement shall be valid unless made in writing and signed
by the parties hereto. Proposed changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement. 4Culture's failure to insist upon the strict performance of any provision of
this Agreement or to exercise any right based upon a breach thereof or the acceptance of any
performance during such breach, shall not constitute a waiver of any right under this Agreement. In the
event any term or condition of this Agreement or application thereof to any person or circumstances is
held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which
can be given effect without the invalid term, condition, or application. To this end, the terms and
conditions of this Agreement are declared severable. The parties agree that this Agreement is the
complete expression of the terms hereto and any oral or written representations or understandings not
incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of
the provisions of this Agreement.
XV. ATTORNEYS' FEES: EXPENSES
Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys'
fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement.4Culture
may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of
such enforcement. Costs and expenses include 4Culture's attorneys'fees and legal expenses whether or
not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including
efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
collection services. Contractor also shall pay all court costs and such additional fees as may be directed by
the court.
AG SVC 2012 Page 6 of 7 j
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XVI. SURVIVAL
The terms and conditions of Sections III, V, VI, VII, Vill, IX, XI, XII, XIII, XIV and XV shall survive the
termination of this Agreement and shall be continuing obligations of the parties.
4CULTURE: CONTRACTOR:
4Culture-CDA Executive Director Signature
Date Name (Please type or print)
Title (Please type or print)
Date
AG SVC 2012 Page 7 of 7
Exhibit A
SCOPE OF SERVICE
City of Kent Arts Commission and 4Culture, the Cultural Development Authority of King County,
mutually agree that the following services be provided in accordance with the application and contract work
sheet submitted to and approved by the 4Culture Board of Directors.
Support for 2012 Programs, including Spotlight Series (5 performances between Jan and March, 3 between
Oct and Dec); Kent Kids'Arts Day (March 3); and Kent's Summer Concert Series (18 performances between
July and August). Events are open and publicized to the community.
AMOUNT $17,000.00
For artist fees and program expenses. Payable upon completion, submittal of invoice and documentation
regarding:
• Final budget, actual
• Completion of evaluation form
Final report of program activities
• Programs, brochures, flyers if available
PUBLIC BENEFIT
Programs are accessible to a broad range of King County residents. Approximately 1,200 free tickets to
Kent Kids' Arts Day are distributed to economically disadvantaged families. Summer arts activities are
provided free of charge, including 18 summer concerts. Complimentary and discounted tickets for many
performances are distributed by local social service agencies; these tickets reach seniors, teens, disable
citizens, and ethnically diverse groups. Public and school lectures, workshops and other outreach
activities are offered for free or very low cost in conjunction with performances. Scholarships for classes
and residency activities are available.
PUBLICITY/PROMOTION POLICY
Prominent acknowledgment of 4Culture/ King County Lodging Tax Fund is required of all recipients for use
in all publicity and promotional materials, including, but not limited to brochures, websites, press releases,
programs, posters, public service announcements, flyers and advertisements. Please contact your 4Culture
contract adnunistrator or go to wwwAculture.org to download the appropriate logo credit.
Final oavment drill not be made until acknowledgment is submitted on printed material
Exhibit B
Arts Sustained Support 2011
City of Kent Arts Commission
Mailing Address Website
220 4th Ave S vgww kentatts mom
Kent
Washington Email
98032 rbillerbeck(c ci.kent wa.us
Shipping Address King County Council District #
220 4th Ave S 5
Kent
Washington WA State Legislative District #
98032 33, 47
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Phone Date Incorporated
(253) 856-5050 10/20/1975
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Fax Federal Tax ID
(253) 856-6050 91-6001254
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WA State UBI#
C-173-000-002
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Revenue last fiscal year
$994,647
Revenue 2nd to last fiscal year
$1,020,054
Organization Director i
Cultural Programs Manager, Ms. Ronda Billerbeck
Director Email
rbillerbeck@ci.kent.wa.us
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Director Phone
(253) 856-5055
Organization Description
Kent Arts Commission is a municipal local arts agency, dedicated to providing high quality arts and cultural
programs for the citizens of Kent.
Mission
To provide leadership in establishing cultural opportunities and arts education, to improve the quality of life and
enhance the aesthetic environment and to promote Kent as a center for great arts.
How do you define your community? (Consider audiences, content producers, and
supporters/volunteers.)
On the broadest level, our community consists of the diverse population of the City of Kent and the Kent School
District service area - approximately 120,000 people. We are committed to providing access for all citizens to
quality arts experiences. 2009 attendance at our programs totaled more than 135,000. Our audience characteristics
vary and reflect the community's diverse ages, ethnicities and economic statuses. Ethnic minorities make up 30%
of Kent's population. We have made progress in developing multicultural audiences by presenting ethnic art forms
and engaging in grass roots promotions. More than 40% of Kent residents are considered low income and we
employ a variety of efforts to increase participation from these residents, including free outreach activities and
admission vouchers. In addition to our own programs, we provide support and funding for local arts groups.
Approximately $10,000 is awarded to five or six organizations annually, to support projects ranging from musical
theater and chorale performances to a youth poetry program and activities for senior citizens and developmentally
disabled populations. The Kent Arts Commission, which consists of 12 mayor-appointed volunteers, advises and
assists staff on an on-going basis. Volunteers of all ages also contribute approximately 650 hours annually to our
programs.
What have been your organization's most significant programmatic accomplishments in the last
two years?
We have had successes in both our performing and public art programs during the past two years. The 2008-2009
Spotlight Series featured 16 performances and "Spotlight on Arts" brought live performance to 747 people in
educational settings. In 2009-2010, Spotlight Series featured 15 performances and total attendance increased 190/0
from 4,420 to 5,270 - an all time high. Twenty outdoor concerts are presented each year as part of our free
Summer Concert Series, which draws 7,500 people. We continue to see success in programs for children and
families, including strong participation in the annual Kent Kids'Arts Day and Student Art Exhibit. "Summer Nights
and the Silver Screen"were launched In 2009 at Town Square Plaza. This new series of free outdoor movies was
well-received and attended.
In the area of public art, significant achievements included continued restoration and promotion of Herbert Bayer's
Earthworks. A premiere screening of the documentary A Place for People: The Herbert Bayer Earthworks took place
at the Henry Auditorium on the University of Washington campus in September of 2009. We were pleased to
receive a grant of $70,000 for restoration projects through the National Trust for Historical Preservation's Partners
in Preservation program. A concerted public engagement effort, including two public events, helped the Earthworks
finish 12th of 25 properties. Our gallery hosted exhibits, including Marvels of Modernism, documenting cultural
landscapes throughout the country, including Bayer's Earthworks, which was one of 12 designees chosen from
hundreds of nominations from around the nation. Public art project, Sweet Suite for Downtown Kent by Elizabeth
Conner was dedicated at Kent's Town Square Plaza.
What have been your organization's most significant administrative accomplishments in the last
two years?
A significant administrative accomplishment has been managing City-wide budget reductions, with an effort to
maintain high-quality programs that are relevant and serve citizens of Kent. Our full-time staff decreased 20% in
the last year and we lost funding for temporary, part-time help as well. By realigning staff duties, and making
careful decisions based on mission, impact and financial factors, we have been able to maintain the majority of our
programs and services with minimal reductions. We have increased our efforts to obtain grants and sponsorships to
bolster capital and project funding. Notable successes include, receiving $25,000 from the National Endowment for
the Arts' Mayors Initiative on City Design grant program. Funds will support a bicycle tour and public outreach
campaign, linking the Herbert Bayer Earthworks, the Robert Morris Earthwork, the Green River Natural Resources
Area and Lorna Jordan's Waterworks Gardens. We also received $6,500 in American Revitalization and
Reinvestment Act funding through a 4Culture grant to continue hiring professional performing artists to participate
in Kent's Fourth of July Splash Festival. And, we maintained our free summer programming - movies and concerts
- at previous levels by obtaining additional sponsorship funding.
What do you hope to accomplish in the next two years and what are your challenges?
We will implement the 2010-2012 City Art Plan, including a career retrospective exhibit for renowned Kent artist
Danny Pierce. The exhibit will take place September through October 2010, and correspond with the artist's 90th
birthday, Wenatchee Valley Museum is hosting a similar exhibit and partnering with us on promotional efforts. We
will realize a bicycle tour and public outreach campaign funded by NEA Mayors' Initiative on City Design. This
cultural tourism project, linking Herbert Bayer Earthworks (Kent), Robert Morris Earthworks (Seatac), Green River
Natural Resources Area (Kent) and Lorna Jordan's Waterworks Gardens (Renton), will allow us to promote our
cultural heritage through new and existing partnerships. We will implement grant funded restoration projects at
Herbert Bayer's Earthworks, install public art in Kent's new Panther Lake annexation area, and continue to maintain
and repair our existing public art collection through continued partnerships with the community, including Kent
Downtown Partnership, Kent Historical Society, private cultural tour businesses and Kent School District. We will
build on the success of our Spotlight Series of performing arts events and refocus the scope and direction of the
season within new budget realities. We will strive for high quality, balance of genres, ethnic diversity and offerings
for youth, while focusing on a smaller, self-sustaining series. Continuing our sponsorship program will allow us to
increase revenue and expand potential for higher profile artists.
Budget reductions are our biggest challenge as we complete 2010 and move into 2011. Maintaining high quality
programs with decreased staff and resources will be difficult in the coming months and years. A major challenge
will be achieving the mandate for Spotlight Series to be self-sustaining while maintaining the quality and diversity
of the series. Obtaining sponsorship support remains difficult in the current economic environment and event
production costs are rising. Providing necessary stewardship and maintenance of the City's art collection with
limited resources is an ongoing challenge. Reduction of funding has diminished capacity for incorporating art into
current and future capital projects and conducting necessary maintenance on the existing collection.
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CULTURE
2011 LAA Sustained Support Operating Budget `°6 Et°"°" Ms2oO MAMt""°"'°'
B 0
NAME OF LAA: City of Kent Arts Commission Fiscal Year Ends: December,31, '..
(month/day)
ACTUAL ACTUAL CURRENT
FINANCIAL FY 20DB-09 FY 20D9.10 FY 2010-11
1 Arts Program Expenses:
2 Personnel: -
3 Ariistic permanent 0 1 0 I 0
4 temporary 261,746 225,383 130,592
5 Production permanent 0 0 0
6 temporary 32,594 27,174 12,543
7 Administrative permanent 44B,643 478,517 372,738
8 temporary 12,346 19,217 2,955
9 Education permanent 0 O 0
10 temporary 0 0 0
11 ProducdoNExhibition expenses 19,126 15,962 27,650
12 16arketinglPromoilon expenses 116,967 114, 632 88,768
13 Fundraising expenses 0 1 3 0
14 Education expenses 5,106 '.. 1,944 6,223
15 Occupancy expenses(mDrtgagelrentludities) 17,230 19,291
_:: 20,922
16 Administrative expenses B9,295 I 16,073 93,790
17 Subtotal 1,003,055 978,393 756,181
18 In-Kind expenses(must=lnkind Contributions) 16,999 16,254 11,186
19 TOTAL ART PROGRAM EXPENSES 1 1,020,054 994,647 767,367
20 Earned income:
21 Box OfficelAdmission 75,548 70,989 52,229
22 TuitionMorkshops 29,194 32,926 22,95E
23 Sales/CDncessionslRentals 15,873 - 14,889 11,200
24 Interest&Earnings(savings,reserves,etc.) 0 0 0
25 Other Earned Income 0 0 0
26 TOTAL EARNED REVENUE 120,615 1 118,804 86,387 '..
27 Contributed Income:
28 Federal Government I 0 0 O
29 State Government 6,750 6,750 61 000
30 4Culture 9,250 39,000 0
31 Clty Government 334,816 778,352 641,206
32 Corporations 22,625 25,875 18,653
33 Foundations 2,500 5,000 1,875 .I
34 Individuals 6,499 9,612 2,000
35 Fundraising Events(011ot or❑Gross income?) 0 0 - 0
36 Mlsc.conlrlbutons 0 0 0
37 SUBTOTAL CONTRIBUTED INCOME 882,440 1 859,589 669,794
38 In-Kind Contributions 16,999 16,254 11,186
39 TOTAL INCOME 1,020,054 994,6a7 _ 767,367
T
CULTURE
,floc,.,,..
2019 Sustained 3uppart Operating Budget Notes
Budget notes are valuable in explaining your organization's operations. Please use this area to help us understand
your operations, and focus on any categories that show a significant variance from year to year. Make sure to explain
what makes up your in-kind revenue if it represents more than 10%of your total income
LINEiTEM/CATEGORY I EXPLANAT[ON
42%decrease from 2009 to 2010 budget reflects city budget cuts-elimination of some
4/Personnel Artistic Temporary programs(youth theater residencies;festivals)and reduction of performing arts series.
54%decrease from 2009 to 2010 budget reflects city budget cuts-elimination of sound
6/Personnel Production Temporary and lighting services for reduced programs.
22%decrease from 2009 to 2010 reflects city budget cuts-elimination of one FTE,5 to
j 7/Personnel Admin Permanent 4 full time staff.
I
85%decrease from 2009 to 2010 reflects city budget cuts-elimination of all funding for
8/Personnel Admin Temporary summer interns. Only funding for shuttle bus drivers for summer programs remains.
73%&24%increases from 2009 to 2010 respectively. We under-spend in these line
17 & 16/Production/Exhibit&Admn items annually.2010 budget in these categories has not caught up w/adjustments.
23%decrease from 2009 to 2010 reflects city budget cuts-reduction in
12/Marketing/Promotion Expenses marketing/promotional budget linked to reduction in programs. -
i
12010 budget number is much higher than 2008 and 2009 acmals because educational
14/Education Expenses programs have been put on hold,but not cut. 1
26%decrease from 2009 to 2010 reflects city budget cuts-reduction in performing arts
21Box Office/Admission programs results in reduced capacity to generate revenue.
30%decrease from 2009 actual to 2010 budget reflects conservative budgeting in our
22/Tuition/Workshops estimation of potential revenue.
25%decrease from 2009 to 2010 reflects city budget cuts-elimination of Arts
23/Sales/Concessions/Rentals Commission participation in Cornucopia festival results in reduced revenue capacity. -
2009 actual is unusually high because both 08&09 Sustained Support were deposited in
30ACulture that year. 2010 budget does not yet reflect any accepted grants from 4Culture.
Decreases from 2009 actuals to 2010 budget amounts reflect conservative budgeting in 1
32,3 3,34/Corp,Found,Individuals our estimation of potential revenue in these areas.
i
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J
CULTURE
EVENTSIPROGRAMS/SERVICES P.. entevoowcxc
LIST YOUR PRIMARY ACTIVITIES FOR THE MOST RECENTLY COMPLETED YEAR:
ACTIVITY EST. ATTENDANCE
SPOTLIGHT SERIES PERFORMANCES
James Cotton, 1/23/09 364
International Guitar Night, 2/7/09 240
Dallas Brass, 2/12/09 (performance+ clinic and rehearsal for band students) 380
Crayon Court, 3/8/09 (performance + hands-on project at Kids'Arts Day) 1 ,650
BodyVcx, 3/14/09 (performance + ballet master class) 230
Tom Rush, 3/28/09 250
Avrer the Eccentric, 4/4/09 156
George Winston, 4/22/09 437
Lavay Smith and Her Red Hot Skillet Lickers, 9126/09 101
The Art of Bellydance, 10/10/09 164
Roger McGuinn, 10/23/10 196
Magical Strings Celtic Yuletide Concert, 12/6/10 268
Late Nite Catechism, 12/12/09 375
Youth Theater residencies, Mar/Jul 09 1,200
Summer Concert Series, 17 shows, Jul-Aug 09 8,000
Outdoor Movies, 3 movies, Aug 09 1,500
Kent Kids'Arts Day, 3/7/09 1,500
Kent's Fourth of July Splash, 7/4/09 15,000
Cornucopia Days, 7/10-12/09 100,000
Kent Student Art Exhibit, March 2009 2,000
Centennial Gallery Exhibits, 6 exhibits throughout 2009 5,000
Grants to artists and organizations, 7 events 4,000
Public art, ongoing development and maintenance
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EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to
property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents,
representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or
subcontractors.
For All Coverages: Each insurance policy shall be written on an "Occurrence"form.
1. Minimum Scope of Insurance needed for this contract is as follows:
® Commercial General Insurance Services Office form number (CG 00 01 Ed. 11-88)—Minimum
Liability Combined Single Limit of$1,000,000 BI & PD with a General Aggregate
1
per project
Automobile Liability Covering all owned and non-owned and hired automobiles —Combined
Single Limit of$1,0007000 BI & PD
2. Deductibles and Self Insured Retentions.
Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture. The deductible and/or
self-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility
of the Contractor.
3. Other Insurance Provisions
A. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) General Liability Policies
(1) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as
respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement.
(2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary
insurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by
4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in
any way.
(3) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or
lawsuit is brought, except with respect to the limits of the insurer's liability.
(b) All Policies
(1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as
reduced in aggregate by paid claims, at any point during the life of this contract. No material change, or cancellation or
nonrenewal of any policy required by this contract shall occur without thirty(30) days' prior written notice to 4Culture.
i
4. Acceptability of Insurers
1
Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no
less than A:VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size Vill.
5. Verification of Coverage
4Culture, reserves the right to request that contractor submit the certificate(s) of insurance evidencing compliance
with all requirements set forth above.
KENT Agenda Item: Consent Calendar — 7G
TO: City Council
DATE: August 7, 2012
SUBJECT: 2012 Washington State Arts Commission Grant — Authorize
MOTION: Authorize the Parks and Human Services Department to accept a
grant from the Washington State Arts Commission in the amount of $3,500 and
authorize expenditure of the funds in accordance with the grant, subject to final
terms and conditions acceptable to the Parks Director and City Attorney.
SUMMARY: Washington State Arts Commission (WSAC) has awarded the Kent
Arts Commission a program support grant for 2012. Kent Arts Commission used the
funding to support the presentation of the Brubeck Brothers Quartet performance and
educational outreach activity as part of Spotlight Series.
EXHIBITS: Contract
RECOMMENDED BY: Parks and Human Services Committee
BUDGET IMPACTS: Kent Arts Commission Budget
WASHINGTON STATE.ARTS COMMISSION
Program: Grants to Organizations-Project Support—Level B-Midsized Arts Organization FY2012
Contract No.2012013
GRANT CONTRACT
THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS
COMMISSION,711 Capitol Way S, Suite 600,PO Box 42675,Olympia,WA 98504-2675 hereinafter referred to
as the COMMISSION,and
Name: Kent Arts Commission -
Physical 220 4th Ave Sotttlt
Address:
Kent,WA 98032-fM5
Mailing 220 4th Ave South
Address: _
Kent WA 98032-5838
.................
Phone No: (253)856-5050
Web Site: www.kentarts.eom
Washington State lmlNo: -173000002
Federal Employee Id.No. 91-60012�4 ry
Social Security Number N/A
hereinafter referred to as the CONTRACTOR.
THE PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS:
A. PURPOSE OF CONTRACT
This Contract sets out the terms and conditions by which the COMMISSION awards a'grant to the
CONTRACTOR for the purpose of developing,sponsoring,promoting or administering an activity,project or
program which is related to the growth and development of the arts and humanities in the State of Washington.
RCW 43.46 provides the statutory authorization for maUig the grant. The fundntg is administered under WAC
Title 30.
B. DESCRIPTION OF THE ACTIVITY.PROTECT, OR PROGRAM
CONTRACTOR shall use funds awarded under this Contract No.2012013 solely for the grant proposal'
funded through Project Support for Midsized Arts Organizations for FY2012 as described in
Attachment A: Scope of Work.
C. AMOUNT OF GRANT
1. The Commission awards Heritage Center Funds in the amount of ZERO AND 00/100 Dollars ($0.00)to
the CONTRACTOR.
2. The Commission awards Federal Funds in the amount of THREE THOUSAND FIVE HUNDRED AND
00/100 Dollars ($3,500.00)to the CONTRACTOR.
A licable only if Contract includes Federal Funds:
Federal Catalog of Domestic Assistance No: 45.025 '..
Federal Grant No: 10-6100-2024
3. The Commission awards private funds in the amount of ZERO AND 00/1.00 Dollars ($0.00)to the
CONTRACTOR.
4. CONTRACTOR agrees to provide matching funds equal to or greater than the total funds provided by the
COMMISSION.
(irant contract me.2 012013 2 of 3
I
5. Payments will be made in accordance with the payment schedule set forth in Attachment B.
D. CONTRACT PERIOD
Funds are awarded for the period beginning January 1,2012 to June 30,2012. The CONTRACTOR
must expend all funds by the ending date of this contract. Funds not expended by the ending date of this
contract shall lapse unless an extension is requested in writing by the CONTRACTOR and approved in writing
by the COMMISSION.The CONTRACTOR shall notify the COMMISSION immediately upon knowledge that
any portion of the funds will not be expended by the end of the fiscal year.
E. CONTRACT REPRESENTATIVES .
The following shall be the contact persons for all communications and billings regarding the performance of this
Contract. Either party shall provide written notification to the other of changes in contract representation.
CONTRACTOR's Contract Representative: COMMISSION's Contract Representative
Name Ronda Bi her ec. Name Christel Ratliff
and Title:
}""�" mid Title:
Cultural Programs��nager Administrative Assistant
org. Cit-of Kent Arts,Commission org: Washington State Arts Commission—
....Y . ......
Name: Name' Grants to Organizations
Address: 220 4th Ave South Address: p0 Box 42675
Kent,WA,9SQ32-5838 Olympia,WA 98504-2675
Phone: (253)856-5055 ext- Plione: (360)586-0026
Fax: (253)856-6050 Fax: (360)586-5351
E-Mail: rbillerbeck&i.kent.wa.us E•Mail: christel.ratliff(a�arts.wa, ov
F. LIMITATION OF AUTHORITY
The COMMISSION's Agent shall be the Executive Director of the Washington State Arts Commission. Only
the COMMISSION's Agent shall have the express,,implied,or apparent authority to alter,amend,modify,or
waive any clause or condition of this contract. The Agent may delegate this authority,but such delegation is
effective only if in writing. See General Terms and Conditions for Contract Amendment or Modification
procedures.
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including the
following,which by this reference,are made a part of this Contract:
Attachment A: Scope of Work
AttachmentB: Payment Schedule
Attachment C: General Terms and Conditions
AttachmentD: Voucher
Attachment E: Final Report Requirements(final report materials availa11 of www arts wa.gov)
Attachment F:National Endowment for the Arts General Terms and Conditions
(deleted if Contract does not include federal funds)
H. INSURANCE
Automobile Liability:Iti the event that services delivered pursuant to this contract involve the use of vehicles,
either owned or unowned by the CONTRACTOR,the CONTRACTOR shall require the owner or driver of the
automobile to provide automobile liability insurance. The minimum limit for automobile liability is:
$100,000/$300,000 bodily injury and$100,000 property damage.
I. ENTIRE CONTRACT
This Contract including all attachments contains all the terms and conditions agreed upon by the parties. No
other understandings,oral or otherwise,regarding the subject matter of this contract and attachments shall be
deemed to exist or to bind any of the parties. 1
Grant contract ATo. 2012013 3of3
J. FINAL REPORT
The CONTRACTOR shall provide a final report to the COMMISSION within 30 days following the
Contract Period ending date,submitted according to the forms and format identified in ATTACHMENT E.
K. MODIFICATIONS TO GENERAL TERMS AND CONDITIONS
NA
THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this
contract.
*Artsmissio�r �- WASHIJVCyTfON STATE ARTS COMMISSION
"rty authorized to sign for ONTRACTOR) Kris er,Elecutive Director '
tk- Date:
(printed name of�signatory)
(printed title bfsignatovy)
Date:
r
APPROVED AS TO FORM:
(Signature of Susan Thomsen,Assistant Attorney General, State of Washington,March,2003 on file in fiscal office)
Grant Contract No. 2012013 4 of 3
GRANT CONTRACT-ATTACHMENT"A"
Scope of Work
Program: Project Support -Level B-Midsized Arts Organization Contract No.2012013
CONTRACTOR: Kent Arts Commission
1. The CONTRACTOR agrees that fiords shall be received solely for the services and/or reimbursements
described here below:
Project Support assistance with:
Presenting performers for the Spotlight Series'
Event Announcement and Documentation:
The CONTRACTOR must provide to Grants to Organizations of the COMMISSION,any public
announcement,press release, or other direct mail announcement of the event(s)funded under this contract.
The CONTRACTOR will mail such public announcements to:
Grants to Organizations
Washington State Arts Commission
PO Bog 42675
Olympia,WA 98504-2675.
Final Reports are due:
Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to
Organizations, 30 days following the contract ending date;this is a contractual obligation for the grant.
The completed form must be received by the Washington State Arts Commission(WSAC), Grants to
Organizations, by 5:00 P. M.,August 1.,2012. The Final Report Form should be downloaded from
the COMMISSION website at wrvw.arts.wa.gov,under Grants to Organizations.
Final Report Penalty:
Grant recipients that do not submit Final Reports by the August 1,2012 deadline will have a 10% penalty
deducted from any future grant from Grants to Organizations.
Logo Credit:
WASHING T ON STATE I Recipients of grants and programs are asked to credit
ARTS COMMISSION p grant.WSAC in promotional communications about the ant.
The WSAC logo may be downloaded from the
website: www.arts.wa.gov. If your grant includes federal funding(which would be stated NATIONAL
on page I of your contract),you are also obligated to credit the National Endowment for the ENDOWMENT
'.
Arts(NF_A)in the same manner as WSAC. NEA logos are downloadable at www.ai-ts.gov. FOR THE ARTS
j
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GRANT CONTRACT-ATTACHMENT`B"
Payment Schedule
Program: Project Support -Level B-Midsized Arts Organization Contract No.2012013
CONTRACTOR: Kent Arts Commission
The CONTRACTOR agrees that funds as awarded in section(1)of the CONTRACT and in consideration of section
(2)of the CONTRACT,will be paid to the CONTRACTOR by the COMMISSION in consideration of the following
terms and conditions:
1. No frmds will be paid to the CONTRACTOR in advance of the contract starting date stated in section D
of the CONTRACT.
1. Payments will be made after the expenses for which COMMISSION funds were committed have been
incurred.
3. All requests for payment shall be on the form of voucher set forth in Attachment D.
4. You have the option of obtaining your grant payments via direct deposit through the Office of Financial
Management(OFM). The necessary forms are downloadable from www.arts.wa.gov under the link
Grant Payments.
5. The COMMISSION will make payment to the CONTRACTOR within 20 business days of receipt of a
properly completed invoice,which shall include documentation of authorized expenses.
6. The invoice voucher must be signed in blue ink. The schedule for payment is as follows:
Month/Year Amount
May 2012 $3,500.00
TOTAL AWARD 53,500.00
w," Agenda Item: Consent Calendar - 7H
TO: City Council
DATE: August 7, 2012
SUBJECT: Recreation and Conservation Office Grant Application
Resolution - Adopt
MOTION: Adopt Resolution No. , authorizing a grant application to
the Recreation and Conservation Office for land acquisition at Clark Lake Park.
SUMMARY: Each year staff pursues funding for park development and/or
acquisition of property through the Recreation and Conservation Office (RCO). Two
years ago an application was submitted to acquire the Lannoye Property at Clark Lake
Park. That application was an alternate for funding and the city purchased the
Lannoye Property with other funds. Recently RCO funds became available to fund the
project and the RCO approved shifting the funds to the Rockwell Property. Staff is
requesting authorization to revise the grant application to the RCO Washington Wildlife
and Recreation Program to fund the acquisition of the Rockwell Property to add to
Clark Lake Park.
EXHIBITS: Resolution
RECOMMENDED BY: City Council Parks and Human Services Committee
BUDGET IMPACTS: None
RESOLUTION NO.
A RESOLUTION of the City CoUncil of the
City of Kent, Washington, authorizing applications
to the Recreation and Conservation Office (RCO)
for state funding assistance for a Washington
Wildlife and Recreatioh:: Program ("WWRP") ;as
provided in Chapter 79A.15 R. Acquisition 'bf
Habitat Conservation and Outdoor Recreation I'0
Lands.
RECITALS
A. Th'e City of Kent has approved a comprehensive parks and
recreation paan that includes the properties within Clark Lake Park.
B. Under the provisions of the WWRP, state funding assistance
has been„requested 'to';aid in financing the acquisition of property in the
Clark Lake area.
C. The City, of Kent considers it in the best public interest to
complete the acquisitions of properties within the Clark Lake Park area.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
1 Recreation and Conservation
Office Grant Application
RESOLUTION
SECTION 1. - Application. The city's Parks, Recreation, and
Community Services director is authorized to make formal application to
RCO for funding assistance.
SECTION 2. - Use of Funds. Any funding;assistance received will be
used for the implementation of the project;referenced above, which is the
acquisition of properties within the Clark La Re area.
SECTION 3. - Non-Cash Commitments. The ;City of Kent
acknowledges that it is _ responsible for supporting ail ,.non-cash
commitments to the sponsor'-,,, -are should they not materialize.
-
SECTION 4. Use Retained in Perpetuityd The City of Kent
acknowledges that `eny, property acquired`` or facility developed with
Recreation and Conservation Funding Board (RCFB) financial aid must be
placed in use for the;funded purpose''`as an outdoor recreation facility and
be retained iri such use in perpetuity„unless otherwise provided and agreed
to by,the City of Kent and RCFB
SECTION 5. -Resolution - Part of Application. This resolution may
become part of a formal 'pplication to RCO.
SECTION 6 Public Comment. The City of Kent provided
appropriate opportunity for public comment heard on 3uly 19, 2012.
SECTION 7. - Severabilitv. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
2 Recreation and Conservation
Office Grant Application
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTIONS. - Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
affirmed.
SECTION 9, - Corrections by Citv &l k.or Code Reviser. Upon
approval of the City Attorney, the City„ Cldrk and. the code reviser are
authorized to make necessary correction'A to this resolution, including the
correction of clerical errors; references to other local, statelor federal laws,
codes, rules, or regulations; or resolution numbering and
section/subsection numbering.
SECTION 10, - Effective Date This, resolutiop shall take effect and
be in force immediately,upon its passage.,
i
PASSED .at a regular o'pen':public meeting by the City Council of the
City of Kent, Washington,Pis day of 2012.
CONCURRED in by;'the Mayor of the City of Kent this day of
2012.
SUZETTE COOKE, MAYOR
3 Recreation and Conservation
Office Grant Application
i
i
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true<and correct copy of Resolution No.
passed by the City Council of the pity of Kent, Washington, the
day of 2012
BRENDA JACOBER, CITY CLERK
I
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P:\Civll\Resolutlon\ResolutlonGrantApplicatlon Rockwe112012.docx
4 Recreation and Conservation
Office Grant Application
KENT Agenda Item: Consent Calendar — 7I
TO: City Council
DATE: August 7, 2012
SUBJECT: Storm Damage Budget Adjustment — Approve
MOTION: Approve the amendment to the Park Operations, Facilities and
Riverbend budgets to account for the related expenses and reimbursements
stemming from the winter ice storm damage.
SUMMARY: In late January 2012, the south Puget Sound area was hit with a
severe ice storm. Damage was significant throughout the city. In particular, netting
at our Athletic Complexes and Riverbend Driving Range were badly torn. Falling ice
from the roof also broke some skylights at City Hall. An insurance claim was filed and
awarded. This requested budget adjustment accounts for the expenses and revenues
encumbered in completing the repairs to these city facilities.
EXHIBITS: General Ledger Summary — Parks Storm Damage
RECOMMENDED BY: Parks and Human Services Committee
BUDGET IMPACTS: Revenue and expenses will affect the following budgets:
Facilities - $6,383.85, Park Operations - $17,766.38 and Riverbend - $115,860.68
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KENT Agenda Item: Consent Calendar — 73
TO: City Council
DATE: August 7, 2012
SUBJECT: 2011 Water System Plan — Approve
MOTION: Approve the 2011 Water System Plan.
SUMMARY: The draft 2008 Comprehensive Water System Plan was adopted
by the City Council via Ordinance No. 3891 and incorporated into the Kent
Comprehensive Plan via Ordinance No. 3892 on September 2, 2008. The Public Works
Director was authorized to proceed with final approval of the Plan through the
Washington State Department of Health-Office of Drinking Water (DOH).
Due to the number of comments from King County on the draft 2008 Comprehensive
Water System Plan and related follow-up, the final plan was not approved by DOH
until July 2011. DOH allowed the City to prepare the final as the 2011 Water System
Plan, which means the next Water System Plan Update is not required until 2017. The
final approved plan will be incorporated into the Kent Comprehensive Plan during
review of the 2012 updates. The 2011 Water System Plan is on the City website at
http://kentwa.ciov/watersystemplan.
EXHIBITS: None
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: None
KENT Agenda Item: Consent Calendar — 7K
TO: City Council
DATE: August 7, 2012
SUBJECT: Highway Safety Improvement Program Grant, Traffic Signal
Control System — Accept
MOTION: Authorize the Mayor to sign an agreement with the Washington
State Department of Transportation to accept a grant in the amount of $400,000
for the Citywide Traffic Control Signal System Upgrade, subject to final terms and
conditions acceptable to the Public Works Director and City Attorney.
SUMMARY: This project will replace the Master Traffic Signal Control system and
replace approximately 29 traffic signal controllers at individual intersections. The
City's current central traffic signal control unit, a Multisonics VMS 330, purchased in
1993, is out of date. Several features that allow greater efficiency (e.g., flashing
yellow arrows for permissive left turn movements) are not accommodated by the
existing system. This project is the first step in the phased replacement of the traffic
signal control system and intersection controllers.
EXHIBITS: Washington State Department of Transportation and 2012 City Safety
Program Federal Funding Grant Letter
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: This grant does not require a local funding match
J
Washington State Transportation Building
v7P
Department of Transporteitijorl 6 0 i"� 31 C Maple Pa Avenuo S.E.
Paula J. Hammond, P.E.
P.O.Box 47300
Secretary of Transportation Olympia.'NA 98504-7300
360-705-7000
June 5, 2012 TTY: 1-800-833-6388
w .wsdot.wa.gov
Mr. Tim LaPorte
Public Works Director
City of Kent
220 Fourth Avenue South
Kent, WA 98032-5838
2012 City Safety Program
pr Federal Funding
Dear Mr. LaP
WSDOT Highways & Local Programs (H&LP)is pleased to advise you that the
following projects were selected for 2012 City Safety Program funds through the federal
Highway Safety Improvement Program. The federal funding for your projects is limited
to:
SR 515 (108th Ave. SE) and SE 208th St. Intersection Safety $700,000
Citywide Traffic Control Signal System Upgrade $400,000
Total $1,100,000
The funds are available for the projects as described in the attached Project Summaries.
The summaries are taken from the grant application and any subsequent changes
discussed with our staff. These federal funds are available at 100 percent and require no
local match. In order to meet state and federal requirements, the following are required:
1. Authorization:
® Ensure that the project is in your agency's or region's Transportation
Improvement Program (TIP): Once your agency's TIP is amended, WSDOT
will amend the Statewide Transportation Irnprovernent Program (STIP).
a Have active status in the Central Contractor Registration (CCR) database:
All local agencies that receive federal funds must be registered in the Central
Contractor Registration (CCR), located at https://www.bpn.gov/cer/default.asp
To register, an agency needs a Data Universal Number System (DUNS)number.
Agencies that have previously registered in CCR must renew their registration
annually to maintain an active status. It is essential that your agency review the
information on this website to ensure that authorization of your project(s) is not
delayed.
Tim LaPorte
Public Works Director
City of Kent
2012 City Safety Program Federal Funding
June 5, 2012
® Submit a public interest finding: For projects that will use local or partner
agency forces or will use a sole source product or supplier, please submit a Public
Interest Finding form(DOT electronic form 140-050). This form is located at
http://www.wsdot.wa.gov/forms/efonns.htm. Please submit the public interest
finding to your Local Programs Engineer.
2. Project expenditures incurred before receiving notice of federal fund obligation from
H&LP are not eligible for reimbursement.
3. Preliminary Engineering (PE) funds must be obligated by December 31,2012 or the
funds will be reprogrammed to other priority safety projects.
4. All phases of the project must be obligated by September 30, 2015 or the funds will
be reprogrammed to other priority safety projects.
5. To maintain funding, a Quarterly Project Report form must be completed by the end
of March, June, September, and December each year. The online database can be
found at: http://www.wsdot.wa.gov/TA/ProgMgt/QPR/QPR.htmL To access the
database you will need an account name and password. Your account name is Kent
and your password is Kent291. The password is case sensitive.
To obligate funding for the projects,please refer to the information above and to the
Local Agency Guidelines (LAG)manual at
htto://www.wsdot.wa.goy/publications/manuals/fulltext/M36-63[LAGManual.pdf. Also,
as a reminder, H&LP encourages all agencies to submit monthly progress billings to
ensure timely reimbursement of eligible federal expenditures. For assistance with your
projects,please contact Ed Conyers,Northwest Region Local Programs Engineer, at
206.440.4734. Our staff looks forward to working with you.
Sincerely,
Kathleen B. Davis
Director
Highways & Local Programs
KBD:st:sas
Attachments: Project Summaries
cc: Ed Conyers,Northwest Region Local Programs Engineer, MS NB82-121
Charlie Howard, Transportation Director, PSRC
i
Project Summary
Program: City Safety Program
Date: June 2012
Agency: City of Kent
Project Title: SR 515 (108th Ave. SE) and SE 208th St. Intersection Safety
Project Description: Install an additional left-turn lane on SR 515 (108th Ave. SE) at SE 208th St.
Detailed Project Description:
Install an additional left-turn lane on SR 515 (108th Ave.SE) at SE 208th St for southbound to
eastbound traffic.
Project Schedule:
Begin Design Summer 2012
Environmental Documents Approved Winter 2012/2013
Right-of-Way Approved Winter 2012/2013
Estimated Contract Ad Winter 2012/2013
Open to Traffic Summer 2013
Project Cost and Award Amount:
Phase Total Amount Requested Amount Awarded
Preliminary Engineering $155,000 $155,000 $155,000
Right-of-Way $59,000 $59,000 $59,000
Construction $468,000 $469,000 $468,000
Total $700,000 $700,000 $700,000
Page 1 of 1
i
Project Summary
Program: City Safety Program
Date:June 2012
Agency: City of Kent
i
Project Title: Citywide Traffic Control Signal System Upgrade
Project Description: Improve traffic signal timing.
I
Detailed Project Description:
1. Purchase and install one master controller unit capable of supporting flashing yellow
arrow displays for permitted left turns.
i
2. Purchase and install approximately 29 individual controllers for intersections throughout
the city. Modify the signal hardware and install flashing yellow left turn arrows at 14 of
the 29 intersections. Includes testing and integrating the new system and beginning
operation.
Project Schedule:
Begin Design NA
Environmental Documents Approved Summer 2012
Right-of-Way Approved NA
Estimated Contract Ad Summer 2012 -
Open to Traffic Fall 2012
Project Cost and Award Amount:
i
Phase Total Amount Requested Amount Awarded
Preliminary Engineering $0 $0 $0
Right-of-Way $0 $0 $0
Construction $400,000 $400,000 $400,000
Total $400,000 $400,000 $400,000
Page 1 of 1
KENT Agenda Item: Consent Calendar - 7L
TO: City Council
DATE: August 7, 2012
SUBJECT: Highway Safety Improvement Program Grant, Intersection
Improvements - Accept
MOTION: Authorize the Mayor to sign an agreement with the Washington
State Department of Transportation to accept a grant in the amount of $700,000
for Intersection Improvements at SR 515 (108th Avenue SE) and SE 208th Street,
subject to final terms and conditions acceptable to the Public Works Director and
City Attorney.
SUMMARY: This project will add a second left turn lane for southbound to
eastbound traffic at the intersection of 108th Avenue SE and SE 208th Street. The
project is expected to improve safety at this congested intersection by reducing
overall vehicle delay, reducing vehicle queues, and improving accessibility from
driveways near the intersection. The project involves right-of-way acquisition,
environmental review, engineering design and construction.
EXHIBITS: Washington State Department of Transportation and 2012 City Safety
Program Federal Funding Grant Letter
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: This grant does not require local funding match.
J
Washington State Transportation Building
v7P
Department of Transporteitijorl 6 0 i"� 31 C Maple Pa Avenuo S.E.
Paula J. Hammond, P.E.
P.O.Box 47300
Secretary of Transportation Olympia.'NA 98504-7300
360-705-7000
June 5, 2012 TTY: 1-800-833-6388
w .wsdot.wa.gov
Mr. Tim LaPorte
Public Works Director
City of Kent
220 Fourth Avenue South
Kent, WA 98032-5838
2012 City Safety Program
pr Federal Funding
Dear Mr. LaP
WSDOT Highways & Local Programs (H&LP)is pleased to advise you that the
following projects were selected for 2012 City Safety Program funds through the federal
Highway Safety Improvement Program. The federal funding for your projects is limited
to:
SR 515 (108th Ave. SE) and SE 208th St. Intersection Safety $700,000
Citywide Traffic Control Signal System Upgrade $400,000
Total $1,100,000
The funds are available for the projects as described in the attached Project Summaries.
The summaries are taken from the grant application and any subsequent changes
discussed with our staff. These federal funds are available at 100 percent and require no
local match. In order to meet state and federal requirements, the following are required:
1. Authorization:
® Ensure that the project is in your agency's or region's Transportation
Improvement Program (TIP): Once your agency's TIP is amended, WSDOT
will amend the Statewide Transportation Irnprovernent Program (STIP).
a Have active status in the Central Contractor Registration (CCR) database:
All local agencies that receive federal funds must be registered in the Central
Contractor Registration (CCR), located at https://www.bpn.gov/cer/default.asp
To register, an agency needs a Data Universal Number System (DUNS)number.
Agencies that have previously registered in CCR must renew their registration
annually to maintain an active status. It is essential that your agency review the
information on this website to ensure that authorization of your project(s) is not
delayed.
Tim LaPorte
Public Works Director
City of Kent
2012 City Safety Program Federal Funding
June 5, 2012
® Submit a public interest finding: For projects that will use local or partner
agency forces or will use a sole source product or supplier, please submit a Public
Interest Finding form(DOT electronic form 140-050). This form is located at
http://www.wsdot.wa.gov/forms/efonns.htm. Please submit the public interest
finding to your Local Programs Engineer.
2. Project expenditures incurred before receiving notice of federal fund obligation from
H&LP are not eligible for reimbursement.
3. Preliminary Engineering (PE) funds must be obligated by December 31,2012 or the
funds will be reprogrammed to other priority safety projects.
4. All phases of the project must be obligated by September 30, 2015 or the funds will
be reprogrammed to other priority safety projects.
5. To maintain funding, a Quarterly Project Report form must be completed by the end
of March, June, September, and December each year. The online database can be
found at: http://www.wsdot.wa.gov/TA/ProgMgt/QPR/QPR.htmL To access the
database you will need an account name and password. Your account name is Kent
and your password is Kent291. The password is case sensitive.
To obligate funding for the projects,please refer to the information above and to the
Local Agency Guidelines (LAG)manual at
htto://www.wsdot.wa.goy/publications/manuals/fulltext/M36-63[LAGManual.pdf. Also,
as a reminder, H&LP encourages all agencies to submit monthly progress billings to
ensure timely reimbursement of eligible federal expenditures. For assistance with your
projects,please contact Ed Conyers,Northwest Region Local Programs Engineer, at
206.440.4734. Our staff looks forward to working with you.
Sincerely,
Kathleen B. Davis
Director
Highways & Local Programs
KBD:st:sas
Attachments: Project Summaries
cc: Ed Conyers,Northwest Region Local Programs Engineer, MS NB82-121
Charlie Howard, Transportation Director, PSRC
i
Project Summary
Program: City Safety Program
Date: June 2012
Agency: City of Kent
Project Title: SR 515 (108th Ave. SE) and SE 208th St. Intersection Safety
Project Description: Install an additional left-turn lane on SR 515 (108th Ave. SE) at SE 208th St.
Detailed Project Description:
Install an additional left-turn lane on SR 515 (108th Ave.SE) at SE 208th St for southbound to
eastbound traffic.
Project Schedule:
Begin Design Summer 2012
Environmental Documents Approved Winter 2012/2013
Right-of-Way Approved Winter 2012/2013
Estimated Contract Ad Winter 2012/2013
Open to Traffic Summer 2013
Project Cost and Award Amount:
Phase Total Amount Requested Amount Awarded
Preliminary Engineering $155,000 $155,000 $155,000
Right-of-Way $59,000 $59,000 $59,000
Construction $468,000 $469,000 $468,000
Total $700,000 $700,000 $700,000
Page 1 of 1
i
Project Summary
Program: City Safety Program
Date:June 2012
Agency: City of Kent
i
Project Title: Citywide Traffic Control Signal System Upgrade
Project Description: Improve traffic signal timing.
I
Detailed Project Description:
1. Purchase and install one master controller unit capable of supporting flashing yellow
arrow displays for permitted left turns.
i
2. Purchase and install approximately 29 individual controllers for intersections throughout
the city. Modify the signal hardware and install flashing yellow left turn arrows at 14 of
the 29 intersections. Includes testing and integrating the new system and beginning
operation.
Project Schedule:
Begin Design NA
Environmental Documents Approved Summer 2012
Right-of-Way Approved NA
Estimated Contract Ad Summer 2012 -
Open to Traffic Fall 2012
Project Cost and Award Amount:
i
Phase Total Amount Requested Amount Awarded
Preliminary Engineering $0 $0 $0
Right-of-Way $0 $0 $0
Construction $400,000 $400,000 $400,000
Total $400,000 $400,000 $400,000
Page 1 of 1
KENT Agenda Item: Consent Calendar - 7M
TO: City Council
DATE: August 7, 2012
SUBJECT: Desimone and Briscoe Levees Analysis and Certification
Contract Amendment - Authorize
MOTION: Authorize the Mayor to sign a consultant services contract
amendment with GEI Consultants, Inc. to perform additional analysis and
consultation for the Desimone and Briscoe Levees in an amount not to exceed
$59,628, subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY: On February 21, 2012, Council authorized GEI's contract for
$284,883 to complete a Federal Emergency Management Agency (FEMA) Conditional
Letter of Map Revision (CLOMR) for the levee section on the right bank (easterly side)
of the Green River between S. 200th St. and S. 180th St. This section is known as the
Desimone and Briscoe levees. The Public Works Department has requested GEI to
perform additional services in support of the City's ongoing coordination efforts with
King County. The additional costs are $59,628 for a total amended contract amount
of $344,511.
EXHIBITS: Proposal for Supplemental Engineering Services, GEI Consultants
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: This contract amendment will be funded out of the storm
drainage account.
G E
Geotechnical
June 27, 2012
Environmental
Water Resources
Ecological
Mr. Ken Langholz
City of Kent
Public Works Department
220 Fourth Avenue South
Kent, WA 98032
RE: Proposal for Supplemental Engineering Services
Briscoe/Desimone Levee CLOMR Project
City of Kent, Washington
Dear Mr. Langholz:
We are pleased to submit this proposal for supplemental services for the Briscoe-Desimone CLOMR
project. Our proposed scope of work is based on our telephone conversation with you on June 26,
2012.
Background
The City of Kent has identified four reaches of the Briscoe-Desimone Levee that are in need of repair
to meet the minimum requirements of 44 CFR 65.10 for the FEMA base flood(1-percent-annual-
chance flood). The proposed levee improvements involve constructing a sheet pile floodwall along
the landward toe of the existing levee within these reaches.
King County has not supported the City of Kent's proposed repairs and instead proposes to setback
the levee from its current alignrnent. The City of Kent and King County have been meeting to discuss
their proposed repair alternatives in an effort to develop a final project.
Scope of Work
Our proposed scope of work is an addition to our previous scope contained in our Consulting Services
Agreement dated February 29, 2012 and is summarized below:
Task I—Attend Meetings with King County
We will participate in meetings with the City and King County in support of ongoing coordination
efforts. For this proposal, we have assumed we will attend 3 meetings. Our work will include:
• Preparing for the meeting,
wv✓w.gei con s ill tmts.com GEI Consultants,Inc.
180 Gnand Avenue,Suite 1410,Oakland,CA 94612
510.350.2900 fax:510.350.2900
Mr. Ken Langholz 2 June 27, 2012
• Preparing presentation materials, and
• Attending meetings.
Task 2—Support the City's effort in coordinating with King County
We will continue to support the City's efforts in ongoing coordination with King County. For this
proposal, we have assumed a required level of effort of 80 hours. Our work will include:
• Preparing response letters and documents to address issues identified during coordination,
• Responding to action items identified in meetings.
Cost Estimate
We will perform the above scope of service on a time and materials basis. Based on the assumed
level of effort, we estimate that the cost of performing the services outlined above will be
approximately $59,628 as detailed in the table below.
Labor Budget
Grade 8 Grade 6
Professional Professional Expense Task s (A.Pujol/ (J.Nickerson/ Labor Budget
Total
L. Wooten) K. Dirocco)
Total g
Rate ($234/hr) ($175/hr)
1 —Meetings 72 120 $37,848 $6,500 $44,348
2—County
Coordination 20 60 $15,180 $100 $15,280
Support
Total 92 180 $53,028 $6,600 $59,628
We should note that at this time it is not possible to accurately estimate the level of effort that will be
needed to support the City in its efforts to obtain the needed project approvals due to uncertainties
regarding the extent of coordination needs that will eventually be required. These uncertainties will
be resolved as the project continues through the approvals process. Additional coordination
requirements or project changes beyond our control could become apparent during this process and
necessitate a further scope and budget adjustment.
Terms and Conditions
Our work will be performed in accordance the terms and conditions negotiated by the City of Kent
and GEI Consultants, Inc. under our Consulting Services Agreement dated February 29, 2012.
Invoices will be submitted monthly based on the services performed as of the end of each billing
period.
Mr. Ken Langholz 3 June 27, 2012
We appreciate the opportunity to submit this proposal and look forward to continue working with you
and your colleagues on this project. Please call meat 510-350-2908 or Jim Nickerson at 781-721-
4023 with any questions.
Sincerely,
GEI CONSULTANTS, INC.
P&4r
Alberto Pujol, P.E.
Vice President, Project Manager
KENT Agenda Item: Consent Calendar — 7N
TO: City Council
DATE: August 7, 2012
SUBJECT: Line Striping Agreement Amendment — Authorize
MOTION: Authorize the Mayor to sign an interlocal agreement with King
County to perform line striping on City roads in an amount not to exceed $110,000,
subject to final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: This work will keep the City in compliance with MUTCD recom-
mendations for lane dividers, centerlines and fog lines. King County crews have the
equipment and expertise to perform this type of maintenance work efficiently and cost
effectively.
The interlocal agreement with King County allows the County to perform work at the
City's request, based on the County availability. This agreement was executed in
2005 to take advantage of King County's maintenance and operations resources.
By entering into the interlocal agreement with King County, we are able to meet or
exceed the standards set forth in the MUTCD recommendation for line striping on
traveled streets. The cost to use King County crews for this work is not to exceed
$110,000.
EXHIBITS: Interlocal Agreement with King County — 2012 Citywide Annual Line
Striping Program
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: Funds for this project have been budgeted through the
Transportation Project Fund. Similar work has been performed annually since 2007.
Interlocal Agreement between King County and
The City of Kent for the Provision of
Services by the King County Road Services Division
Scope of Work
2012 Citywide Annual Line Striping Program
King County will provide services to the City of Kent under this Scope of Work pursuant to the
Interlocal Agreement between King County and the City of Kent for the Provision of Services
by the King County Road Services Division, executed June 1st, 2005.
PROJECT DESCRIPTION
This project consists of line striping city arterial, arterial collector and residential collector
roads.
The purpose of this work is to enhance faded or worn line striping on these City roads as
recommended by the Manual of Uniform Traffic Control Devices (MUTCD).
TASKS
City of Kent has developed a line striping inventory for this project which identifies all
roads to have painted lane lines, center lines,fog lines and"c"curbs.
SCHEDULE
Work is anticipated to start as early as August 27, 2012. All line striping shall be
completed no later than September 30, 2012. Hours of striping operations will be from
8:00 a.m. to 2:00 p.m. Monday—Friday, work will not compete with commute traffic.
ESTIMATED COST
The project work is currently estimated to not exceed $110,000, which includes some
contingency to account for unexpected costs or additional work that may be added during the
maintenance activity. The County will provide the City all invoices and costs incurred for
construction costs. If any change order is needed,the County will immediately inform the City
in writing of the proposed changes and the change order work shall not proceed until the City
has approved. The amount of any change orders shall not cause the total costs for the project
work to exceed the above estimate.
Authorized by City of Kent:
Name: Suzette Cooke, Mayor
Date
KENT Agenda Item: Consent Calendar - 70
TO: City Council
DATE: August 7, 2012
SUBJECT: 239th Street Water Infrastructure Parts Replacement
Agreement - Authorize
MOTION: Authorize the Mayor to sign a goods & services agreement with
H.D. Fowler Company for the purchase of miscellaneous water materials in an
amount not to exceed $26,416.12 (including sales tax), subject to the final terms
and conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The Water Utility spends approximately $150,000.00 per year on
miscellaneous parts and fittings to fix and replace infrastructure. The infrastructure
(a water main pipe and related appurtenances) on South 239th Place is in need of
replacement. Written bids were obtained from three suppliers, and H.D. Fowler
Company was the low bidder, the amounts listed below do not include sales tax.
H.D. Fowler $24,124.31
HD Supply Waterworks $24,199.64
Ferguson Waterworks $26,563.60
EXHIBITS: H.D. Fowler Company, Goods & Services Agreement, exhibit A
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: There are no unbudgeted fiscal impacts. The Agreement will be
paid through the Water Utility capital replacement fund.
GOODS & SERVICES AGREEMENT
between the City of Kent and
H.D. Fowler Company
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and H.D. Fowler Company organized under the laws of the
State of Washington, located and doing business at 13440 SE 30th St Bellevue, WA 98005, Ryan
Huff 800-487-6533 (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:
The Vendor shall supply the City of Kent Water Department with supplies according
to the bid proposal submitted July 10, 2012, which is attached as Exhibit A and
incorporated by this reference.
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 within 90 days.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed
$26,416.12, 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:
After receipt of all goods as described in Exhibit A then within 30 days of invoice.
GOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
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.
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.
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
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
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;
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
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. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
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,
GOODS & SERVICES AGREEMENT - 4
(Over$10,000.00, including WSST)
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.
In the event Vendor 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
Vendor's part, then Vendor 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 Vendor's part.
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 B 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
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
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 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. 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.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSST)
VENDOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Ryan Huff Sean Bauer
H.D. Fowler Company City of Kent
13440 SE 30th St 220 Fourth Avenue South
Bellevue, WA 98005 Kent, WA 98032
800-487-6533 (telephone) (253) 856-5616 (telephone)
253-856-5661 (facsimile) (253) 856-6600 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
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.
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:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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 20 _.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
Bid No:B201503 Page 1 of 2
H.D. WLER
COMPANY
Customer: BIDDING CONTRACTORS Did No: B201503
Estimator: MICHAELOWENS Bid Date: 7/10/2012
Job Name: 239TH WATERMAIN REPLACEMENT
Location: (CENT
Line Qty UoM Description Unit Price Extended Price
1 473.2 FT 8"CIE 52 DI PIPE T1,C151/A21.51,C104,C/L,18.25'NOM. LGTH,SBR GASKET 20.53 9,714.80
(28.9 LBS/FT)
2 18.2 FT 6"CIE 52 DI PIPE TJ,C151/A21.51,C104,C/L,18.25'NOM,LGTH,SBR GASKET 14.88. 270.82
(20.6 LBS/FT)
3 1 EA 8"DUCTILE IRON MJ X EEG GATE VALVE AWWA C515 RESILIENTSEAT,LESS 757.63 757.63
ACCESORIES(180 LBS)
4 2 EA 10"DUCTILE IRON MJ X FL GATE VALVE AWWA C515 RESILIENT SEAT,LESS 1,204.14 2,408.28
MJ ACCESSORIES(316 LBS)
5 2 EA 6"DUCTILE IRON MJ X FLG GATE VALVE AWWA C515 RESILIENT SEAT,LESS 484.85 969.70
ACCESORIES(111 LBS)
6 1 EA 2"COMBINATION AIR VALVE AIR RELEASE&AIR VACUUM VALMATIC 473.73 473.73
#202C2,SS TRIM
7 1 EA 2"S E GATE VALVE AWWA C509 RESILIENT SEAT NRS THREADED END 231.87 231.87
CONNECTIONS
8 1 EA 5-1/4" M&H 929 FIRE HYDRANT 6" MJ BASE,5'6"BURY LESS MJ ACCESS(568 1,816.24 1,816,24
LBS)
9 1 EA 4.5"NST PUMPER NOZZLE PART#23 M&H 929&129 Included
10 1 EA 6"X 5'0"DIP SPOOL,FLX PE,CEMENT LINED,ASPHALTIC COATING OUTSIDE 190.40 190.40
11 2 EA 10"MJ SLEEVE LNG PATTERN DI,AWWA C153 LESS ACCESSORIES(68 LBS) 99.17 198.34
12 1 EA 8"MJ SLEEVE LONG PATTERN DI,AWWA C153 LESS ACCESSORIES(53 LBS) 82.73 82.73
13 1 EA 10"X 8"FL TEE DI,AW WA C110,C/L(254 LBS) 324.12 324.12i
14 1 EA 8"MJ X 6"FL TEE DI,AW WA C153,C/L,LESS ACCESS(86 LBS) 113.41 113.41
15 1 EA 6"FL TEE DI,AW WA C110,C/L(112 LBS) 148.35 148.35
16 1 EA 6"MJ X FL TEE DI,AW WA C153,C/L,LESS ACCESS(68 LBS) 93.69 93.69
17 1 EA 6"MJ X FL ADAPTER DI,AWWA C153,C/L LESS ACC(36 LBS) 44.93 44.93
18 1 EA 6"X 2"TAPT BLIND FLG,DI,AW WA C110,NORMALLY BARE FINISH (28 LBS) 59.34 59.34
19 2 EA 8"X 2"TAPT BLIND FLG,DI,AW WA C110,NORMALLY BARE FISISH(43 LBS) 90.13 180.26
20 6 EA 18"VALVE BOX TOP,940B 27.99 167,94
21 6 EA 24"VALVE BOX BASE 24.35 146.10
22 6 EA WATER LID FOR 940 VALVE BOX, DEEP SKIRT 10.38 62.28
23 1 EA CAST IRON METER BOX WITH LID OFCO SM30 11-3/4"X 23-3/4"X 16"(for 1- 427.23 427.23
1/2"and 2"meters)
24 12 EA 12 X 12 X 4 CONCRETE HYDRANT BLOCK 6.67 80.04
25 1 EA 2 1/2"MNST X 2"MIPT BRASS HOSE ADAPTER 27.27 27.27
26 1 EA 2-1/2"BRASS FNST HOSE CAP WITH CHAIN 16.48 16.48
27 3 EA 10"BLACK BOLT&NUT KIT 12 PER 7/8"X 3 3/4"A 307,GRADE A,IMPOR 1 19.07 57.21
28 3 EA 8"BLACK BOLT&NUT KIT 8 PER 3/4"X 3 1/2",A 307,GRADE A,IMPORT 8.13 24.39
Bid No:B201503 Page 2 of 2
Line Qty UoM Description Unit Price Extended Price
29 3 EA 6" BLACK BOLT 8,NUT KIT 8 PER 3/4"X 3 1/4",A 307,GRADE A,IMPORT 8.00 24.00
30 3 EA 10" 1/8" RING GASKET RED RUBBER,150# 2.27 6.81
31 3 EA 8" 1/8"RING GASKET RED RUBBER, 150# 1.81 5.43 '..
32 3 EA 6" 1/8"RING GASKET RED RUBBER, 1504 1.28 3.84
33 6 EA 10"WEDGE ACTION MJ RETAINER GLAND FOR DIP 45.02 270.12
34 5 EA 8"WEDGE ACTION MJ RETAINER GLAND FOR DIP 30.47 152.35
35 6 EA 6"WEDGE ACTION MJ RETAINER GLAND FOR DIP 20,06 120.36
36 6 EA 10" GASKET AND T-BOLT KIT FOR C153 MJ FITTINGS 16.72 100.32 !i
37 5 EA 8"GASKET AND T-BOLT KIT FOR C153 MJ FITTINGS 12.74 63.70
38 6 EA 6"GASKET AND T-BOLT SET FOR C153 MJ FITTINGS 11.71 70.26
39 15 EA 9.80 X 1"IP SADDLE ROMAC 202 BODY ONLY 18.96 284.40
40 30 EA 9.80" ROMAC U-BOLT WITH NUTS AND WASHERS,ZINC PLATED 11.95 358.50 ',.....
41 15 EA FORD F500-41"IP X IP CORP STOP 26.80 402.00
42 15 EA FORD C16-441"RIP X IPS PJ ADAPTER 15,82 237.30
43 15 EA FORD C86-343/4" MIP X 1"IPS PJ ADAPTER 20.59 308,85
44 15 EA 5/8"X 3/4" FORD VH72-15W-11-33 METER SETTER, KEY VALVE INLET,15" 90.89 1,363.35
HIGH,CHECK VALVE OUTLET,DP IN&OUT
45 30 EA 1" IPS STIFFENER FORD#72,ALSO CAN BE USED AS 1-1/4"FORD CTS 1.51 45.30
STIFFNER#53
46 300 FT 1"SIDR 7 200 PSI POLY PIPE,PE 3408,ASTM D2239,IPS SIZE.300FT.COIL OA7 141.00
47 100 FT 1"SIDR 7 200 PSI POLY PIPE,PE3408,ASTM D2239,IPS SIZE, 108FT.COIL 0.47 47.00
48 15 EA 13 X 20 METER BOX BASE ONLY 12" DEEP BLACK 1220 CARSON.PLASTIC 32.00 480.00
49 15 EA BLACK WATER LID FOR 1320 BOX WITH READER CARSON PLASTIC 14.29 214.35
50 2 EA 2"90 ELL,BRASS DOMESTIC 30.77 61.54
51 1 EA 2" BRASS BLOWOFF STRAINER 44.96 44.96
52 1 EA 2"FORD FB500-71P X IP BALL CORP STOP 125.85 125.85
53 1 EA 2"X 6"NIPPLE,BRASS,SCH 40 19.11 19.11
54 1 RL 14 GA BLUE WIRE 500'ROLL 35.23 35.23
55 1 EA 2"GALV PLUG,IMPORT 3.36 3.36
56 1 EA 2"GALV TEE,SCH 40,IMPORT 8.79 8.79
57 3 EA 2"X 6"GALV NIPPLE,STD WT,A53 ERW 3.95 11.85
58 1 EA 2"X CLOSE GALV NIPPLE,STD WT,A53 ERW 1.65 1.65
59 2 EA 2"GALV UNION,IMPORT 12.58 25.16
Approximate Total 24,124.31
KENT Agenda Item: Consent Calendar - 7P
TO: City Council
DATE: August 7, 2012
SUBJECT: East Hill Well Water Source Electrical Improvements Design
Agreement - Authorize
MOTION: Authorize the Mayor to sign a consultant services agreement with
RH2 Engineering, Inc. for the design of electrical improvements to the East Hill Well
water source in an amount not to exceed $31,412, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The East Hill Well water source is a primary source for the Water
Utility producing in excess of two million gallons per day to meet the water demands
of the East Hill community.
Electrical improvements included with this project include installation of a generator to
maintain operations during periods of Puget Sound Energy power outages and
replacement of electrical infrastructure that has become obsolete, thereby making the
location and acquisition of replacement components increasingly difficult.
EXHIBITS: Scope of Works
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: There are no unbudgeted fiscal impacts. This work has been
planned and budgeted. The contract will be paid through the Water Utility.
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
RH2 Engineering, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and RH2 Engineering, Inc. organized under the laws of the State of
Washington, located and doing business at 22722 29th Dr. SE, Suite 210, Bothell, WA 98021,
Phone: (425) 951-5358/Fax: (425) 951-5401, Contact: Chris Roberts (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall provide electrical design services for the East Hill Well
Electrical Improvements Project. For a description, see the Consultant's May 2012
Scope of Work which is attached as Exhibits A and B and incorporated by this
reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
December 31, 2012.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Thirty One Thousand, Four Hundred Twelve Dollars ($31,412.00), 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 C.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
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 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.
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:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Chris Roberts Timothy J. LaPorte, P.E.
RH2 Engineering, Inc. City of Kent
22722 29th Dr. SE, Suite 210 220 Fourth Avenue South
Bothell, WA 98021 Kent, WA 98032
(425) 951-5358 (telephone) (253) 856-5500 (telephone)
(425) 951-5401 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
RH2-E Mill Well/SwinPord
CONSULTANT SERVICES AGREEMENT 5
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
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:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this 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:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
I
EXHIBIT A
Scope of Work
City of Dent
East Hill Well Motor Control Center and Generator Upgrades
May 2012
Background
The Cite of Kent (City) has aging motor control equipment at its East Hill Well facility that is in need of
replacement. The East Hill Well is one of the City's most productive well facilities. The existing
submersible well pump is equipped with a 250 horsepower (HP) motor and is operated with a reduced
voltage autotransformct starter. The. City plans to install a second well pump at the site that has been
preliminarily sized to have a 125 HP motor. The City currently does not have back-up power available at
the site. Due to the importance of this facility, the City has decided to replace the existing motor control L
equipment and install a back-up generator in order to allow for more reliable operation of the well
facility.
The City has requested the services of R112 Engineering, Tnc., (RIf2) for the electrical design of the
replacement of the existing motor control center and the installation of a new standby engine generator
system.
The major design and project elements include the following:
I
® Removal of the existing motor control center (MCC) and replacement with a new MCC. The
new MCC will either be manufactured by Siemens or Eaton in order to maintain the footprint of
the existing MCC.
® Installation of a soft starter in the new MCC to operate the existing submersible well motor.
® Provision of space and electrical distribution design for a future 125 HP soft starter to operate a
future on-site well.
® Installation of a new completc standby engine generator system with a service entrance
automatic transfer switch that will be able to power the complete site along with a future 125 HP
well pump.
® Design provisions that address the goal of minimizing the downtime of operation of the existing
well and the adjacent corrosion control facility.
® Replacement of the existing well conductors and underground conduit from the existing MCC
to the well vault wire make-up to provide a water-tight connection.
® Installation of spare power, control, and signal conduits from the location of the future 125 HP
well pump soft starter section within the new MCC to the northeast exterior of the existing well
bidding for future use.
1
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City of Kent Exhibit A
East Hill Well Motor Control Center and Generator Upgrades Scope of Work
Assumptions: The City shall provide RH2 with a completed nrrvey evid base-wap to be used as a basis for the
electrical site plarr design. RI12 may rely or the accuracy wid mvIletmess of data, iaformalion avdf or drararirrgs provided
by the City. Refer to the attached.fee eslinlale (Exhibit B)for afa estimate of time required far all larks.
Task 1 — Project Management/Administration
Objective: RH2 will manage and coordinate electrical engineering services required for project design.
Approach
1.1 Project Management, Progress Reporting, Cost and Schedule Control, and Team
Management
identify and designate a single point of contact who will act as the RH2 project manager during
the design phase of the project. Manage the RH2 project team to track time and budget, work
elements accomplished,work items planned for the next period,labor, scope changes, time, and
budget needed to complete the tasks listed in this Scope of Work. Notify the City of scope
changes and obtain authorization to proceed from the City's project manager prior to
performing the work. Prepare monthly project progress reports that identify what was
accomplished for the month, what is anticipated for the next month, and current or potential
problems or changes. The progress report will contain a summary of task costs to date (in
invoice format).
RH2 Deliverables
® Monthly progress reports, to include the elements described in subtask 1.1 for the duration of
the project.
Task 2 — Electrical Design
Objective: Prepare bid-ready design plans and specifications for the proposed electrical work at the
existing East Hill Well facility.
Approach
2.1 Site Visit
Visit the East Hill well site to collect information as needed for the electrical design related to
the existing power distribution system, generator sizing, existing equipment dimensions, conduit
routing, comparison to the as-built drawings for the existing power distribution system and site
layout, and space evaluation for the proposed improvements.
2.2 Generator Sizing and Calculations
Perform generator load and sizing calculations based on existing electrical load and future
electrical load at the well facility in order to determine the appropriate generator size for the
facility. Confirm generator sizing calculations with manufacturer sizing software. Coordinate
2
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City of Kent Exhibit A
East Hill Well Motor Control Center and Generator Upgrades Scope of Work
I
i
with the City's preferred generator manufacturers Cummins and CAT to determine the physical
size of the generator and automatic transfer switch and to obtain equipment pricing information.
2.3 Motor Control Center Sizing and Coordination with Manufacturer
Coordinate with the City's preferred MCC manufacturers—Siemens and Eaton—to determine
the size of the new MCC, new soft starter equipment, and future soft starer equipment.
Evaluate the proposed equipment layout and confute whether the proposed equipment will fit
in the footprint of the existing MCC. Obtain equipment pricing information from the
manufacturer.
2.4 Electrical Design Plans and Specifications
® Develop electrical plans for the MCC replacement and installation of a new outdoor
generator. Electrical plans will include a one-line diagram showing equipment layout, a
power distribution and signal plan showing conduit routing and equipment locations, MCC
installation details,generator installation details, electrical schedules,and electrical details.
® Prepare control logic diagrams for control of the well pump motor.
® Prepare an electrical site plan identifying the location of the new generator and generator
structure, site conduit routing, 100400t well sanitary radius to show, compliance with
Washington State Department of Health (DOH) standards, and site improvements that are
required for the installation of the generator.
® Prepare generator and fuel tank installation details. The fuel tank system will be designed as a
triple walled sub-base fuel tank with leak alarming and required venting. The fuel tank will
have a designed fuel capacity for a three.-day run period at rated load. The generator design
will include conduit and wiring to a generator battery charger, generator block heater, and a
20-amp receptacle.
® Prepare telemetry system diagrams for interfacing proposed equipment with the existing
telemetry system. The proposed motor control equipment will communicate with the existing
telemetry system via a Profibus communication network. The telemetry system diagrams -will
show the proposed telemetry system input and output signals and Profibus interface
requirements. Discrete inputs to the telemetry system will include, at a minimum, Generator
Run, Generator Fail, and Generator Trouble. The generator start signal will be designed to
connect to the automatic transfer switch.
® Incorporate the City's standard generator cover into the plans. The City will provide
standardized plans fora full cover over the entire generator that will allow for full coverage
of maintenance personnel. Prepare fighting plan for generator structure.
3
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City of I{ent Exhibit A
East Hill Well Motor Control Center and Generator Upgrades Scope of Work
• Prepare specifications using RI12 technical specifications tailoted for this project. Coordinate
urith the City to attach the technical specifications to the City's front-end bidding
documents-.
• Prepare an electrical construction cost estimate for City review purposes at the 60 and 100
percent reviews.
2.5 City Design Reviews
• Provide the City with plans at the 60 and 90 percent design levels and specifications at the 90
and 100 percent design levels for City review.
• Project manager wll meet up to two (2) times with City staff for 60 and 90 percent design
meetings to discuss and review the plans and specifications.
• Edit plans and specifications at the 60 and 90 percent review levels based on City review
comments.
2.6 Quality Assurance/Quality Control
Provide quality assurance/quality control (QA/QC) services as part of this Scope of Work.
Services will include a formal internal QA/QC process, which provides qualified professional
i
oversight and review of the completeness, accuracy, and cons tructability of the project design
and final deliverables. Track project management, budget, and physical constraints of the City in
achieving objectives and incorporate appropriate design measures and materials.
Provided by City
• Description of approximate desired location of the generator.
• As-built drawings of best available information of the existing site and the existing telemetry
system layout.
• Suivey and base map in AutoCAD format.
• Standardized generator specifications.
• Standardized plans for generator cover.
• City front-end bidding documents.
RH2 Deliverables
• 60 and 90 percent, and bid-ready design documents (drawings and specifications) in electronic
PDF format.
• 60 and 100 percent construction cost estimates.
• One electronic copy of the final plans in AutoCAD (dwg) format on a CD.
• One electronic copy of the final plans in PDF format on a CD.
• One electronic copy of the final specifications in PDF and Word format on a CD.
4
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City of Kent Exhibit A
East Hill Well Motor Control Center and Generator Upgrades Scope of Work
® Pull-size hard copy of final plans.
Project Schedule
RH2 will commence with design work after receiving a fully executed original Agreement.
The City has indicated that it would like design completed within 60 days of execution of the
Agreement.
Construction will commence after the peak demand season in September or October.
I
i
5
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EXHIBIT C
'FM Engineering',Inc,
SCHEDULE OF RATES AND CHARGES
-.2012 HOURLY RATES,
CLASSTt O"n6N, RA'TL CLASSTTICATJON:' RATE. "
Professional IX_ S199.00 Technician IV _ 5127_00
Professional VIII S19900_ Technician III
` 4 Professional VIi S191 00 'Technician II 588.00
Technician f S8100
'Professional VI S177.00 j
i Professional V SI68.00 Administrative V $11800
Professional 1V S158.00 Administrative IV S98.00
--------_ _--------- --------- --------
Adnunislrative III S84.00
Prnfessinnal III $148.00 Administrative 11 $68.00
<' Professional II $137.00 Administrative 1 $57.00
Professionnt
i
i
IN41OUSE SERVICES
.In-house copies(each) 8 51,X I I _ S0.09_ CAD Plots Large c $25.00
In-house copies(each) 85 X 14 ---- S0.14 CAD Plots Full Size _ $10_00
.. _ _--- . _-
in-house copies(each) 11' X17" 50.20 CAD Plots HalfsIze--__ -$2_50
_----
In-house copies(color)(each) 8.5 X 11 SO_90_ CAD System Per Hour __ .$2Z 50
In-house copies(color)(each) 8 5 X 14 S1.20 GIs System Per Hour- $27_50
In-house copies(color)(each) 11 X 17- _ _ S200 Technology Charge _ -_ _2.5%olThrectiahoi
Mileage __Current IRS Ratc
OUTSIDE SERVICES
Oat aido direct costs Im lecmut fees,reports,maps,dale,repro aRphres,couriers,postage,and,nnli mileage rolatcdtrasel expenses thnt are necessary
:fox the mcullott of the piojeel and ant not specifically identified elservherein thli contract will lit=hivolced at colt. I
All Sufconsultion services are filled at cost plus 15/o
CHANGES IN RATES
Rale shsted fera are adjusted annually;The current schedule of rates and charges rs,used for hitting purpgsas Pa}meat for word '
pccompf shod shalt be based on the hood}rates and expe4ses in eCCecla eoillis " Bifirs Sxlufitm ga .
I
KENT Agenda Item: Consent Calendar — 70
TO: City Council
DATE: August 7, 2012
SUBJECT: Boeing Levee Construction Support Services Agreement —
Authorize
MOTION: Authorize the Mayor to sign a consultant services agreement with
AECOM for structural engineering services during construction of the flood wall for
the Boeing Levee Project in an amount not to exceed $9,198.17, subject to final
terms and conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: Consultants hired to certify the Boeing Levee found deficiencies in
the north end of the levee segment at Three Friends Fishing Hole Park. Proposed
improvements include a secondary levee and floodwall, which will address these
deficiencies. Structural design of this project was completed by AECOM and the
contract was awarded by Council on July 17. Construction will begin in August. This
contract will provide City Staff support, as needed, during construction to answer
questions related to the structural design of the wall.
The Boeing Levee is approximately one river mile in length and is located between S.
200th St. and S. 212th St. on the right bank of the Green River. This levee reach, in
combination with the other levee segments along the Green River, protect the Kent
Valley businesses and residential areas from flood risks.
EXHIBITS: Scope of Work, Exhibit A and Cost Analysis
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: The City received a $2.07-million grant from the State
legislature for work on the Boeing Levee. This grant is administered by the
Washington State Department of Ecology with reimbursement to Kent via an Interlocal
Agreement with the King County Flood Control District.
City of Kent AUIXaM
Scope of Work-Exhibit A
DRAFT
EXHIBIT A
SCOPE OF WORK for
Retaining Wall at Boeing Levee - Design Services During Construction
The scope work is to provide Design Services During Construction (DSDC) for approximately 640 feet of
retaining wall located on the Boeing Levee, behind the Pacific Gateway Business Park in Kent, WA. The
scope includes, Submittal Review, Response to Requests for Information (RFIs), Site Visits, and
Meetings for the retaining wall. Scope also includes coordination with City of Kent and other consultants
working on this project.
DSDC
The services listed below represent the Consultant's understanding of the work to be completed in order
to assist the City during the construction phase of the Project. This scope of services is based on
direction from the City.
The Consultant shall actively coordinate Retaining Wall aspects of the work for the assignment, identify
and resolve issues in a timely manner, and communicate effectively. The Consultant shall be responsible
for the performance of scoped services, and shall furnish materials and information to accomplish the
work tasks described herein. The Consultant will actively coordinate with other consultants performing
work on this project.
The Consultant and the City agree that the City may use City forces to perform tasks listed in this Scope
and that some tasks may not be required and the contract dollar amount will be adjusted accordingly.
I. PROJECT OBJECTIVES AND DESCRIPTION
The objectives of the Boeing Levee Project, hereinafter referred to as the Project, are to:
1. Provide flood protection to the City of Kent, in the area of the Green River known as the Boeing
Levee.
2. The project will include new berms and a retaining wall.
3. Minimize construction impacts to the public.
The Work consists of providing "on-call' engineering and design services to the CITY during construction
of the project. The types of assistance that the CONSULTANT will provide to the CITY during construction
of the project include:
• Review of submittals
• Respond to requests for information
• Review contractor proposals
• Provide on-site technical support
• Evaluation of Change Proposals
draft COK Boeing Wall DSDC Scope 20120621 v0.doc Page 1 of 5
City of Kent �U' CdM
Scope of Work-Exhibit A
DRAFT
II. DESIGN CRITERIA
Refer to previous design contract and construction documents for design criteria.
III. PROJECT SCHEDULE
The anticipated project schedule is as shown below:
Milestone Date
Consultant Notice to Proceed 30 June 2012
Begin Construction 1 August 2012
Construction Complete 31 December 2012
Contract End Date 27 February 2013
The project schedule may be subject to adjustment at mutual agreement, whether initiated by the City or
Consultant.
IV. DATA AND SERVICES TO BE FURNISHED TO THE CONSULTANT BY THE CITY
The City will provide the following items and services to the Consultant that will facilitate the Consultants
work effort. The Consultant is entitled to rely on the accuracy and completeness of these items:
1. Contractor Submittals, RFI's, and Shop Drawings
V. INTELECTUAL PROPERTY
The documents listed as "Deliverables" in the Detailed Task Description, Section VII of this scope of
work, and other exhibits or presentations for the work covered by this AGREEMENT and associated
supplements will be furnished by the Consultant to the City upon completion of the various tasks of work.
Whether the documents are submitted in electronic media or in tangible format, any use of the materials
on another project or on extensions of this project beyond the use for which they were intended, or any
modification of the materials or conversion of the materials to an alternate system or format will be without
liability or legal exposure to Consultant. The City will assume all risks associated with such use,
modifications, or conversions. The Consultant may remove from the electronic materials delivered to the
City, all references to the Consultant involvement and will retain a tangible copy of the materials delivered
to the City which will govern the interpretation of the materials and the information recorded. Electronic
files are considered working files only, the Consultant is not required to maintain electronic files beyond
90 days after the project final billing, and makes no warranty as to the viability of electronic files beyond
90 days from date of transmittal.
VI. ABBREVIATIONS
The following abbreviations are referred to throughout this scope of work:
draft COK Boeing Wall DSDC Scope 20120621 v0.doc Page 2 of 5
City of Kent �U' CdM
Scope of Work-Exhibit A
DRAFT
AASHTO American Association of State Highway and Transportation Officials
ASTM American Society for Testing and Materials
BA Biological Assessment
BDM WSDOT Bridge Design Manual
BRAC Bridge Replacement Advisory Committee
DAHP Department of Archaeology and Historic Preservation
Ecology Washington State Department of Ecology
ECS Environmental Classification Summary
ESA Endangered Species Act
FEMA Federal Emergency Management Agency
FHWA Federal Highway Administration
H&LP Highways and Local Programs
HPA Hydraulic Project Approval
JARPA Joint Aquatic Resources Permit Application
-RFD Load Resistance Factor Design
NEPA National Environmental Projection Act
NMFS National Marine Fisheries Service
NRHP National Register of Historic Places
PS&E Plans, specifications, and estimates
SEPA State Environmental Protection Act
TS&L Type, Size and Location
WDFW Washington State Department of Fish and Wildlife
WSDOT Washington State Department of Transportation
USACE United States Army Corps of Engineers
USFWS United States Fish and Wildlife Service
VII.DETAILED TASK DESCRIPTION
General Assumptions:
1. The level of effort for each phase and task of work is limited to the amount of labor and expenses
indicated in Exhibit `B". These costs are itemized in Exhibit `B" to aid in project tracking purposes
only. The budget may be transferred between tasks, provided the total contracted amount is not
exceeded. Additional services beyond these limits will be considered Extra Work.
2. Substantial completion of the project is anticipated to be six months, however the contract will
expire February 27, 2013. The Consultant is responsible for meeting deadlines for their tasks
only, Consultant has no control over those portions of the schedule related to the tasks performed
by the City or any third party.
3. The City has the authority to approve proposed work scope and schedule changes.
4. The Cl TY will the lead construction management and inspection.
draft COK Boeing Wall DSDC Scope 20120621 v0.doc Page 3 of 5
City of Kent AUIXaM
Scope of Work-Exhibit A
DRAFT
5. The CITY will be responsible for document control.
6. Addenda will be prepared by the CITY and issued to the Bidders.
DESIGN SERVICES DURING CONSTRUCTION
Task 1. — Management and Coordination: In this task are described those services necessary to
plan, perform, and control the various elements of the project so that the needs and expectations of the
City will be met.
a. Project Management. Provide direction to the design team. Conduct project coordination
meetings as required with appropriate task leaders. Monitor the planned versus actual rate of
expenditure for each task and take corrective actions if necessary. Collect from each task leader,
the percent complete as measured by how much work is left to be accomplished on a task by task
basis. Maintain a high exposure to the project team of the issues to be resolved and their
potential impacts to the measures of success for the project.
b. Communicate Progress. Conduct ongoing, proactive, responsive communications with the City
staff involved in the direction and execution of the project. Attend project coordination meeting at
the completion of the Design Memo. Coordinate the schedule of the reviews to be performed by
the City. Prepare and submit monthly invoices with a brief progress report that will include
identification of work performed in the previous month's schedule.
c. Quality Assurance/Quality Control. The project manager will implement and conduct AECOM
quality control/quality assurance program throughout the project.
Assumptions:
1. The Consultant's project manager and/or project engineer will meet with the City's project
manager/engineer on as needed basis throughout the project.
2. Internal project team coordination meetings will be held on an as-needed basis during project
duration. These meetings will be in addition to the coordination meetings held with the City, but
budgeted as part of the specific work tasks.
3. Project meetings may involve other consultants, contractor, FEMA and USACE and will require
some preparation of meeting materials. The budgeted number of meetings is shown on the
attached cost estimate.
Deliverables:
1. Monthly Invoices and Progress Report (1 copy)
2. Written Change Authorizations
3. Meeting preparation and attendance
Task 2. — Site Visit: The Consultant will perform the following:
The Consultant will conduct site visits as needed for construction support. The maximum number of site
visits is indicated on the attached Exhibit B.
Assumptions:
1. All locations are accessible by foot.
draft COK Boeing Wall DSDC Scope 20120621 v0.doc Page 4 of 5
City of Kent AUIIXaM
Scope of Work-Exhibit A
DRAFT
2. Two people for the site visit
Deliverables:
1. Field notes and photographs.
Task 3. — RFl Response, Submittal and Shop Drawing Reviews:
Consultant will review contractor submittals including shop drawings, and provide the City a
recommended response to contractor's request for information.
Assumptions:
1. The contractor will build the wall per the design plans.
2. The estimated effort does not include effort associated with review of contractor proposed
changes to the design
Deliverables:
1. RFI responses, shop drawing review comments, and other construction submittal review
comments.
Task 4. — Evaluation of Change Requests: The Consultant will review contractor proposals and
make recommendations to the City.
Assumptions:
1. Total number of contractor change requests is equal to one.
Deliverables:
1. Written recommendations to the City.
draft COK Boeing Wall DSDC Scope 20120621 v0.doc Page 5 of 5
City of Kent DRAFT
Boeing Levee Retaining Wall
Boeing Levee Sheet Pile Wall
No of He rat Structural
Pr
o)
Erdl CADDF� Prpj
Structural Wall length Sheets Sheet r r Des Tech Admen- QA/QO Total Hours Total Cost(UL)
$78.00 $69.71 $51.00 626,00 $36,00 $50.00
Task'', llmtgol !Management and Coordination
Project Management 4 4 8 $484.00
I Imetatings 2 4 6 $360.00
meeting mration with travel time(bra) 2
Total Management and Coordination 6 0 4 0 4 0 14
M W 1 1 1-a
17,lask 2 ps,6
oneSlle Visit with(ravel time all visit) 0 1 4 4 $204.00
Total Site UsAs 0 0 1 4 1 0 1 0 1
Tasks
rise,Submittal and Shop drawn RFIRhapo glieviews
RFI Response 2 _3 10 $564.00
Submittal Reviews 2 8 0 10 $564.00
Shop Drawing Reviews 2 a 0 — 10 $564.00
.............—Total RFI
Response,
Subm thal and Shop Freeing Reviews �O �24 0 0
are
Task4, Evaluation of Change Proposals
Evaluate Chan Pap...Is 0 1 4 $360.00
$0,00
Total Evaluaton of Change Proposals
2 0 4 0 0 0 6 $360.00
_T 14T 1 36 0 1 4 �0 �
�TtalStr,,turMl
OUTSIDE FRIMBURSABLES
AECOM Direct Salary $3,08000 Per gem $0.00
AECOM Overhead 163.14% $6.02471 Lodging $0.00
AECOM Surreal $3.104.71 Miltagap.ra Vehicle(SD 561rmfle) il100.00
Meals $0.00
AECOM Fee @ 30% $92400 Supplies Photos $0.00
Outside Relmoursables V70.00 Reproduction $25.00
Subc.niedlents iligoo Postagellselvery $20.00
TOTAL= $9,198.71 One, $25,00
Management Reserve Fund 0% $0,00 M.rkopfdRdmb ff 0% $0.00
0 MIND TOTAL $919871 Trial $170.00
Notes 1) this estimate is based on the contractor building per the design plans(i.e.roCRIP)
2) this estimate assumes that the City will provide construction management
3) UnIs estimate assumes one site visit
4)Structural Consmi Estimate about$1.6m
EFGO=$1 1 m and 259th=$1 2m total=$2,3m
File.PnPublick Public Watt Ccmmittsa@012)7-251 2 Speriarder, Died COK Boeing Wall DSDC Estimate THallock.,dex
sheet.soeln9 Well Page 1 of 1
KENT Agenda Item: Consent Calendar - 7R
TO: City Council
DATE: August 7, 2012
SUBJECT: Horseshoe Bend Levee Construction Support Services
Agreement with GeoEngineers - Authorize
MOTION: Authorize the Mayor to sign a consultant services agreement with
GeoEngineers for construction support services during construction of the
Horseshoe Bend Levee Project in an amount not to exceed $28,775, subject to final
terms and conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: As part of the certification of the Horseshoe Bend Levee, the City
must construct a secondary levee along a portion of the east and west ends of
Horseshoe Bend.
The City constructed Phase I of the secondary levees last year and this project, Phase
II, will complete the needed certification of the Horseshoe Bend Levee. In most areas
the levee consists of an earthen berm or a raised roadway embankment. However, in
areas where there is limited space, a levee wall will be constructed. These walls will
be constructed along the south side of S. 259th St. east of Central Ave and on the west
side of the Horseshoe Bend along the north side of the City's 3rd Ave. detention pond.
GeoEngineers performed the levee certification for the Horseshoe Bend Levee in 2010.
FEMA provided the City with preliminary approval of the levee accreditation, via a
Conditional Letter of Map Revision (CLOMR), on June 22, 2012.
This consultant will provide geotechnical construction support services to ensure the
new earthen levee sections and sheet pile walls are being constructed to FEMA
certification standards.
EXHIBITS: GeoEngineers Scope of Work, Exhibit A and Fee Estimate, Exhibit B
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: The cost of this will be billed toward the $10-million state grant,
the City received for Horseshoe Bend in 2009.
EXHIBIT A
SCOPE OF SERVICES
CITY OF KENT
CONSTRUCTION OBSERVATION SERVICES
HORSESHOE BEND EAST AND WEST SECONDARY LEVEES 2012
KENT, WASHINGTON
FILE NO. 0410-172-05
INTRODUCTION AND PROJECT UNDERSTANDING
This phase of the levee construction will consist of continuing the construction of secondary levees at
the east and west river bends on the Horseshoe Bend Levee system. Earth berm secondary levees were
partially constructed during 2011. This phase of the project will complete these earth berm levees and
construct sheet pile floodwalls as part of a complete levee system.
The east portion of the project is located between the Horseshoe Acres Pump Station and
South 2591h Street. The west portion of the project is located South of South 2591h Street and west of
801h Avenue South.
SCOPE OF SERVICE
The purpose of our services is to provide construction observation and documentation, on-site
construction consultation, and preparation of documents to certify the construction of the levee for the
National Flood Insurance Program. We have assumed 20 working days of full-time on site construction
monitoring and 10 days of part-time construction monitoring. Our specific scope is as follows:
1. Attend a preconstruction meeting and weekly construction meetings as required and requested.
2. Observe stripping,subgrade preparation and the excavation of the inspection trench. We will record
soil conditions and provide recommendations for the overexcavation and removal of unsuitable
material as required.
3. Provide our opinion to the suitability of on-site soil for use as levee fill.
4. Observe fill placement and compaction. We will complete nuclear moisture/density tests of the fill
as required.
5. Complete laboratory testing of fill materials. We anticipate that our laboratory program will consist
of maximum density determinations, particle size analyses and percent fines determinations.
6. Observe and document the installation of below grade sheet piles.
7. Record our on-site observations and recommendations in daily field reports.
8. Prepare a letter at the completion of the project summarizing our observations and providing our
opinion of the suitability of the levee to function as designed.
9. Provide additional documentation and on-site consultation as requested.
t.JS:GWFI:cn
Attachment: Exhibit B Fee Estimate
Disclaimer:Any doctl'onic form,fac0imile or hand copy of the original document(ornall,text,table, aridior figure}, If provided, and any attaclirnent`J ale only a
copy of the original docnmiont. The original document IS stored by Geoi::'riginoors,Inc.and Will`Serve a0 the official document of record,
Gopyriffit(D 2012 by GcoEnfinoors,Inc. All rifbt0 roserved.
1"I1,lun.04901I2-o10 July:16 209.'7
EXHIBIT
FEE ESTIMATE
CONSTRUCTION OBSERVATION SERVICES
HORSESHOE BEND EAST AND WEST SECONDARY LEVEES 2012
KENT,WASHINGTON
Classification Hours x Rate = Cost
Principal (Gary Henderson) 4 x $160.00 = $640.00
Project Engineer (Lyle Stone) 30 x $150.00 = $4,500.00
Staff Engineer 2 (Various) 30 x $115.00 = $3,450.00
Technician 200 x $80.00 = $16,000.00
Support 20 x $65.00 = $1,300.00
Subtotal Personnel $25,890.00
Other Expenses
Vehicle Usage $1,200.00
Laboratory and Testing (4 Maximum Density Determinations, 5 Sieves, 10 Percent Fines) $1,685.00
Subtotal Expenses $2,885.00
Total Estimated Costs $28,775.00
File No.0410-172-05
July 16,2012
E(.)ENGINEERS /,�/7
-1111
KENT Agenda Item: Consent Calendar - 7S
TO: City Council
DATE: August 7, 2012
SUBJECT: Horseshoe Bend Levee Construction Support Services
Agreement with AECOM - Authorize
MOTION: Authorize the Mayor to sign a consultant services agreement with
AECOM for construction support services during construction of flood walls on the
Horseshoe Bend Levee Project in an amount not to exceed $20,338.03, subject to
final terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: As part of the certification of the Horseshoe Bend Levee, the City
must construct a secondary levee along a portion of the east and west ends of
Horseshoe Bend.
In most areas the levee consists of an earthen berm or a raised roadway embank-
ment. However, in areas where there is limited space, a levee retaining wall will be
constructed. Walls are being installed along the south side of S. 259th Street east of
Central Ave. and on the west side of Horseshoe Bend along the north side of the City's
3rd Ave storm pond, north of S. 259th Street.
AECOM performed the structural engineering design for the levee retaining walls and
with this contract will provide construction support for the fabrication and installation
of the sheet pile walls.
EXHIBITS: Scope of Work and Exhibit A
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: The cost of this will be billed toward the $10-million state grant,
the City received for Horseshoe Bend in 2009.
City of Kent AXOM
Scope of Work-Exhibit A
EXHIBIT A
SCOPE OF WORK for
Retaining Walls at the Horseshoe Bend Levee - Design Services During
Construction
The scope work is to provide Design Services During Construction (DSDC) for, approximately 1450 feet
of retaining wall (located on the east and west ends of the Horseshoe Bend Levee in Kent, WA.),
fabrication of stop logs, and the construction of a stop log storage building on the west side of the
Horseshoe Bend levee. The scope includes; Submittal Review, Response to Requests for Information
(RFIs), Site Visits, and Meetings for the retaining wall. Scope also includes coordination with City of Kent
and other consultants working on this project.
DSDC
The services listed below represent the Consultant's understanding of the work to be completed in order
to assist the City during the construction phase of the Project. This scope of services is based on
direction from the City.
The Consultant shall actively coordinate Retaining Wall aspects of the work for the assignment, identify
and resolve issues in a timely manner, and communicate effectively. The Consultant shall be responsible
for the performance of scoped services, and shall furnish materials and information to accomplish the
work tasks described herein. The Consultant will actively coordinate with other consultants performing
work on this project.
The Consultant and the City agree that the City may use City forces to perform tasks listed in this Scope
and that some tasks may not be required and the contract dollar amount will be adjusted accordingly.
I. PROJECT OBJECTIVES AND DESCRIPTION
The objectives of the Horseshoe Bend Levee Project, hereinafter referred to as the Project, are to:
1. Provide flood protection to the City of Kent, in the area of the Green River known as the
Horseshoe Bend Levee.
2. The project will include new berms and retaining walls.
3. Minimize construction impacts to the public.
The Work consists of providing "on-call' engineering and design services to the CITY during construction
of the project. The types of assistance that the CONSULTANT will provide to the CITY during construction
of the project include:
• Review of submittals
• Respond to requests for information
• Review contractor proposals
• Provide on-site technical support
• Evaluation of Change Proposals
Item 8b-AECOM Scope of Work Horseshoe Bend HSB Wall DSDC MMadfai.docx Page 1 of 5
City of Kent AZXOM
Scope of Work-Exhibit A
II. DESIGN CRITERIA
Refer to previous design contract and construction documents for design criteria.
III. PROJECT SCHEDULE
The anticipated project schedule is as shown below:
Milestone Date
Consultant Notice to Proceed 13 August 2012
Begin Construction 31 August 2012
Construction Complete 31 March 2013
Contract End Date 31 May 2013
The project schedule may be subject to adjustment at mutual agreement, whether initiated by the City or
Consultant.
IV. DATA AND SERVICES TO BE FURNISHED TO THE CONSULTANT BY THE CITY
The City will provide the following items and services to the Consultant that will facilitate the Consultants
work effort. The Consultant is entitled to rely on the accuracy and completeness of these items:
1. Contractor Submittals, RFI's, and Shop Drawings
V. INTELECTUAL PROPERTY
The documents listed as "Deliverables" in the Detailed Task Description, Section VII of this scope of
work, and other exhibits or presentations for the work covered by this AGREEMENT and associated
supplements will be furnished by the Consultant to the City upon completion of the various tasks of work.
Whether the documents are submitted in electronic media or in tangible format, any use of the materials
on another project or on extensions of this project beyond the use for which they were intended, or any
modification of the materials or conversion of the materials to an alternate system or format will be without
liability or legal exposure to Consultant. The City will assume all risks associated with such use,
modifications, or conversions. The Consultant may remove from the electronic materials delivered to the
City, all references to the Consultant involvement and will retain a tangible copy of the materials delivered
to the City which will govern the interpretation of the materials and the information recorded. Electronic
files are considered working files only, the Consultant is not required to maintain electronic files beyond
90 days after the project final billing, and makes no warranty as to the viability of electronic files beyond
90 days from date of transmittal.
VI. ABBREVIATIONS
Item 8b-AECOM Scope of Work Horseshoe Bend HSB Wall DSDC MMadfai.docx Page 2 of 5
City of Kent AZXOM
Scope of Work-Exhibit A
The following abbreviations are referred to throughout this scope of work:
AASHTO American Association of State Highway and Transportation Officials
ASTM American Society for Testing and Materials
BA Biological Assessment
BDM WSDOT Bridge Design Manual
BRAC Bridge Replacement Advisory Committee
DAHP Department of Archaeology and Historic Preservation
Ecology Washington State Department of Ecology
ECS Environmental Classification Summary
ESA Endangered Species Act
FEMA Federal Emergency Management Agency
FHWA Federal Highway Administration
H&LP Highways and Local Programs
HPA Hydraulic Project Approval
JARPA Joint Aquatic Resources Permit Application
-RFD Load Resistance Factor Design
NEPA National Environmental Projection Act
NMFS National Marine Fisheries Service
NRHP National Register of Historic Places
PS&E Plans, specifications, and estimates
SEPA State Environmental Protection Act
TS&L Type, Size and Location
WDFW Washington State Department of Fish and Wildlife
WSDOT Washington State Department of Transportation
USACE United States Army Corps of Engineers
USFWS United States Fish and Wildlife Service
VII.DETAILED TASK DESCRIPTION
General Assumptions:
1. The level of effort for each phase and task of work is limited to the amount of labor and expenses
indicated in Exhibit `B". These costs are itemized in Exhibit `B" to aid in project tracking purposes
only. The budget may be transferred between tasks, provided the total contracted amount is not
exceeded. Additional services beyond these limits will be considered Extra Work.
2. Substantial completion of the project is anticipated to be seven months, however the contract will
expire May 31, 2013. The Consultant is responsible for meeting deadlines for their tasks only,
Consultant has no control over those portions of the schedule related to the tasks performed by
the City or any third party.
3. The City has the authority to approve proposed work scope and schedule changes.
Item 8b-AECOM Scope of Work Horseshoe Bend HSB Wall DSDC MMadfai.docx Page 3 of 5
City of Kent AZXOM
Scope of Work-Exhibit A
4. The CITY will the lead construction management and inspection.
5. The CITY will be responsible for document control.
6. Addenda will be prepared by the CITY and issued to the Bidders.
DESIGN SERVICES DURING CONSTRUCTION
Task 1. — Management and Coordination: In this task are described those services necessary to
plan, perform, and control the various elements of the project so that the needs and expectations of the
City will be met.
a. Project Management. Provide direction to the design team. Conduct project coordination
meetings as required with appropriate task leaders. Monitor the planned versus actual rate of
expenditure for each task and take corrective actions if necessary. Collect from each task leader,
the percent complete as measured by how much work is left to be accomplished on a task by task
basis. Maintain a high exposure to the project team of the issues to be resolved and their
potential impacts to the measures of success for the project.
b. Communicate Progress. Conduct ongoing, proactive, responsive communications with the City
staff involved in the direction and execution of the project. Attend project coordination meeting at
the completion of the Design Memo. Coordinate the schedule of the reviews to be performed by
the City. Prepare and submit monthly invoices with a brief progress report that will include
identification of work performed in the previous month's schedule.
c. Quality Assurance/Quality Control. The project manager will implement and conduct AECOM
quality control/quality assurance program throughout the project.
Assumptions:
1. The Consultant's project manager and/or project engineer will meet with the City's project
manager/engineer on as needed basis throughout the project.
2. Internal project team coordination meetings will be held on an as-needed basis during project
duration. These meetings will be in addition to the coordination meetings held with the City, but
budgeted as part of the specific work tasks.
3. Project meetings may involve other consultants, contractor, FEMA and USACE and will require
some preparation of meeting materials. The budgeted number of meetings is shown on the
attached cost estimate.
Deliverables:
1. Monthly Invoices and Progress Report (1 copy)
2. Written Change Authorizations
3. Meeting preparation and attendance
Task 2. — Site Visit: The Consultant will perform the following:
The Consultant will conduct site visits as needed for construction support. The maximum number of site
visits is indicated on the attached Exhibit B.
Item 8b-AECOM Scope of Work Horseshoe Bend HSB Wall DSDC MMadfai.docx Page 4 of 5
City of Kent AZXOM
Scope of Work-Exhibit A
Assumptions:
1. All locations are accessible by foot.
2. Two people for the site visit
Deliverables:
1. Field notes and photographs.
Task 3. — RFl Response, Submittal and Shop Drawing Reviews:
Consultant will review contractor submittals including shop drawings, and provide the City a
recommended response to contractor's request for information.
Assumptions:
1. The contractor will build the wall per the design plans.
2. The estimated effort does not include effort associated with review of contractor proposed
changes to the design
Deliverables:
1. RFI responses, shop drawing review comments, and other construction submittal review
comments.
Task 4. — Evaluation of Change Requests: The Consultant will review contractor proposals and
make recommendations to the City.
Assumptions:
1. Total number of contractor change requests is equal to one.
Deliverables:
1. Written recommendations to the City.
Item 8b-AECOM Scope of Work Horseshoe Bend HSB Wall DSDC MMadfai.docx Page 5 of 5
City of Kent
tiCOM
HISS Levee Retaining Wall
Horseshoe Bend Levee Sheet Pile Wall
Structural No.of Hours/ Structural Pro
j Eng/ CADD/ of
Walllength Shee6 Sheet Manager Eng Des Tech Admin SA/SC Total Hours Total Cost(PUT)
$7e 00 170 00 $51 00 $26 00 $38 00 $59 00
NO of ,
Took 1! Wads Management and Coord(ral
Project Management 12 8 20 $1,24000
1 Meetings 4 1 1 8 1 1 1 12 $72000
eating duration wlbi travel time Trail 2
Total Management and Coordination 16 0 8 0 8 0 32 $19Rood
Took 1 Sitel4alts
Ste Visit with tray el time(Me site visits) 0 12 12 $61200
Total Site Visits 0 0 12 0 0 0 12 $61200
Tasks
3 RFI Response,Submittal and Shop OraWing Reirews
RFI Response 6 12 18 $1,080.00
Submittal Reviews 4 18 0 22 $1,230.00
Shop Drawing Reviews 4 18 0 22 $1,230.00
Total RFC Response,Submittal and Shop Drawing Reviews 14 0 48 0 0 0 62 $3,540.00
Took Evaluation of Change Proposals
Evaluate Change Proposals 2 0 12 14 $768 00
$000
Total Evaluation of Change Proposals 2 0 12 0 0 0 14 $]68 00
Total Structural 32 0 80 0 8 0 120 $6,880.00
OUTSIDE REIMBURSABLES
AECOM Direct Salary $6,880.00 Per Diem $000
AECOM Overhead 16314% $11,22403 Lodging $000
AECOM Subtotal $18104.03 Mileage/pars.Vehicle($0 55/mile) $100.00
Meals $000
AECOM Fee @ 30% $2,064.00 Supplies,Photos $000
Outside Reimbursables $170.00 Reproduction $2500
Subconsultants $000 Postage/Delivery $2000
TOTAL= $20,338.03 Other $2500
Management Reserve Fund= 0% $000 Markup for Reimb. 0 0% $000
GRAND TOTAL= $20,338.03 Total. $17000
Notes: 1) this estimate is based on the contractor building per the design plans(i e.no DRIP)
2) this estimate assumes that the City will provide construction management
3) this estimate assumes one site visit
4) Structural Construction Estimate about$1Run
FOOD=$1.1 m and 259[h=$1 2m,total=$23m
File C:AOocumen6 and Settings\wlsethALocal Settings\Tempo2ry Internet FllesVConten[OutlooSPFFLTR9Admft COK HSB Wall DS 0C Estimate 20120717 v0 era xls
Sheet HSB Wall and Building Page 1 of 1
KENT Agenda Item: Consent Calendar — 7T
TO: City Council
DATE: August 7, 2012
SUBJECT: 256th Street Improvements Appraisal Preparation
Agreement — Authorize
MOTION: Authorize the Mayor to sign a consultant services agreement with
Murray & Associates to complete appraisals for portions of property along SE 256th
Street in an amount not to exceed $22,786, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The city of Kent was successful in obtaining a $2 million grant from
the Washington State Transportation Improvement Board (TIB) for the repair,
widening and upgrading of SE 256th Street between Kent-Kangley Road and 116th
Avenue SE.
The project will construct a center left-turn lane, bike lanes, curbs, gutters, sidewalks,
street trees, storm drainage, and undergrounding of overhead utilities
In order to construct the improvements along SE 256th Street and widen the roadway,
some strips of property will be required from adjacent properties, the cost of these
property acquisitions need to be determined by a certified land appraiser.
EXHIBITS: Murray & Associates, Appraisal Proposal
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: Funding for this contract is included in the existing project
budget.
APPRAISAL SERVICES PROPOSAL
Murray & Associates
City of Kent— SE 2561' Street Improvement Project
RFQ/RFP (6/27/2012) j
GENERAL INFORMATION
MICHAEL E. MURRAY, MAI, CCIM
Real Estate Valuation and Advisory Services
CONTACT INFORMATION
13 Tulalip Key I Bellevue,Washington 98006 (206)498-6274 michael.e.murray@comeast.net
REAL ESTATE VALUATION AND ADVISORY SERVICES
• Real Estate Appraisals and Consulting • Lease Negotiations and Consulting
• Appraisal Reviews • Highest and Best Use Studies
• Litigation I Arbitration I Mediation • Market Analysis
• Eminent Domain Valuation and Consulting • Real Estate Tax Valuation
• Acquisition/Disposition Consulting • investment Analysis
e Demand Studies • Business Advisory Services
PRIMARY MARKET AREA
Puget Sound Region I Washington State
PROFESSIONAL AFFILIATIONS I LICENSES I EDUCATION
• MAI,Designated Member of the Appraisal Institute
• Certified General Real Estate Appraiser License(Washington State)
• CCIM, Certified Commercial Investment Member of the CCIM Institute(a commercial real estate
affiliate of the National Association of Realtors)
• Licensed Real Estate Broker,Washington State(not currently practicing brokerage)
• CPA,Certified Public Accountant, Washington State(not currently practicing public accounting)
® Washington State Department of Transportation(WSDOT)Approved Appraiser and Review
Appraiser Lists
• Member of International Right of Way Association (IRWA), 2008 IRWA Project of the Year Award
for my appraisal of Boeing Field for a potential transfer to the Port of Seattle
• Bachelor of Arts in Business Administration,Eastern Washington University
• Two years of Graduate Tax Study, Golden Gate University
RFQ/RFP Kent-SE 256°i Street Pagel of 5
APPRAISAL SERVICES PROPOSAL
Murray & Associates
PROPOSED APPROACH TO WORK
i believe in an interactive appraisal process in which I am available to my clients at all times
ensuring that they feel they can call on me when they have new information or questions. 1
understand that the assignment scope may change,especially with right-of--way projects as
construction plans sometimes change. And while it is important that I maintain my
independence and render an unbiased opinion, I recognize that I am a member of a team that is
trying to solve problems and complete projects in a timely manner. I also think it is important to
keep the client informed of significant information that is discovered during the appraisal
process, especially information that could alter the client's plans for the property being
appraised.
The client for this assignment will be the City of Kent. The City of Kent requires that, in
addition to compliance with Uniform Standards of Professional Appraisal Practice (USPAP),
appraisal development and reporting must also meet the Washington State Department of
Transportation (WSDOT) standards as set forth in the WSDOT&W Manual, chapter 4; WSDOT
Appraisal Report Guide; Federal Regulations as defined in section 49,part 24 of the code of
federal regulations (CFR); and Washington Local Agency Guidelines Manual(LAG). In the
event of conflict or dispute in determining correct appraisal procedures that are not addressed in
the standards noted above,the Uniform Appraisal Standards,for Federal Land Acquisitions (the j
"Yellow Book")will be the determining authority. Under 49 CFR, WSDOT is required to take
an active role in developing the scope of work. However, it is ultimately the responsibility of the
appraiser to develop a complete scope of work and produce a credible assignment result and
appraisal report.
The WSDOT report formats and reporting sequence will be utilized for this assignment.
In those circumstances allowing a strip appraisal, an abbreviated appraisal report(WSDOT
RES213 or RES216) can be provided rather than a full narrative appraisal report(WSDOT
RES208).
STATEMENT OF QUALIFICATIONS
I have been involved in commercial real estate for over thirty years, with ten years in financial
management and accounting,ten years in property management and brokerage, and the past
twelve years as a commercial real estate appraiser. Many of my assignments over the last
several years involved right-of-way projects similar to the SE 256th Street improvement project.
Following is a list of recent projects that I have completed for public agencies.
RFQ/RFP Kent-SE 256`h Street Page 2 of 5
APPRAISAL SERVICES PROPOSAL
Murray & Associates
Recent Public Agency Projects Completed
• City of Kent Kentview Sewer extension project(2012).Appraisal assignment to value the
impact of partial acquisitions for permanent utility easements and temporary construction
casements for a sewer line extension through a residential neighborhood. The client contact is
Ingrid Willms-Dixon, City of Kent, (253) 856-5519.
• King County, Washington—Cedar Hills Regional Landfill appraisal(2011-2012). Six-month
t
appraisal and consulting assignment to value Cedar Hills Regional Landfill for the King
County Solid Waste Division. The client contact is Kathryn Killinger,King County,
Washington, (206) 296-4459.
• City of Bellevue—East Link appraisal-consulting services (2011). Six-month appraisal-
consulting assignment to value the impacts of expected takings from City of Bellevue parcels
and various privately-owned parcels for the proposed East Link light rail project. The client
contact is Max Jacobs, City of Bellevue, (425) 452-4182.
• King County, Washington—appraisal of 106-acre Boeing leasehold on King County
International Airport (KCiA) and 152 acres of general aviation leaseholds on KCIA(2007-
2012). Included in this appraisal were unimproved land, improved apron, and improved
building sites (hangar, office,and industrial buildings). Specific services included market
rent appraisals and tenant arbitrations; individual parcel appraisals;valuation of King
County's leased fee interest in the airport property for a possible exchange with the Port of
Seattle; demand studies; redevelopment feasibility analysis; lease consulting; and
presentations to King County Council, tenant groups, and other oversight groups. The client
contact is Tom Paine, KC1A, (206) 296-0628.
• City of Bellevue various projects (2007-2012). Projects include numerous commercial and
residential appraisal reviews and appraisals involving downtown and suburban Bellevue
properties for eminent domain and general acquisition purposes. The client contact is Patti
Ebert, City of Bellevue, (425) 452-5203.
• King County, Washington—South Park Bridge appraisal (2010).New South Park Bridge
right-of-way acquisitions from multiple commercial parcels. The client contact is Debbie
Ayers, King County, (206)205-5635.
A complete detailed history of relevant project experience can be made available upon.
request.
RFQ/RFP Kent-SE 256`h Street Page 3 of 5
APPRAISAL, SERVICES PROPOSAL
Murray & Associates
i,
I
PROJECT STAFFING
I do my own research, analysis, and reporting as I believe that this is the best way to get a feel
for the market and the property being appraised. I consult with a network of appraisers and other
professionals when 1 need input on a particular project as well as utilizing report editing and
research assistants, when necessary. 1 am a member of the Appraisal institute, International
Right of Way Association, and CCIM Institute. Also, 1 subscribe to various data services, such
as CoStar and Site to Do Business, and have a network of real estate professionals that I often
rely on for market data and input regarding market conditions.
1 will consult with experts if a particular assignment requires an expert opinion on some
aspect of the appraisal. For example, if I am appraising a hotel for eminent domain purposes,
and there are potential building damages, I would most likely recommend hiring a hotel expert to
provide market insight and income approach data as well as to be available for a potential
litigation process. Another example would be residential subdivision land that involves
significant critical areas, such as slopes, streams, or wetlands. These critical areas, along with
buffers, need to be delineated to determine the usable area and development potential for the site.
Also, given current stagnant market conditions, residual valuation techniques using current
market data are more prominent in concluding credible appraisal assignment results. In some of
i
these cases, development density and development cost estimates may best be provided by an
architectural/engineer specialist.
FEE SCHEDULE
All billings for work performed under this agreement will list actual time (days or hours) and
dates during which the work was accomplished and billed according to the underlying service
contract.
Current hourly rates are as follows:
Mike Murray,MAI,CCIM $185 per hour
Research Assistant $85 per hour
Report writing and editing $60 per hour
Sub-consultant costs—outside expert fees,travel costs,or similar project expenses that are outside the scope of the
project proposal will be billed at cost based on an agreement,with the client.
I have attached a detailed,fee estimate,for this proposal (SF 256th Street Improvement project,
RFP date 6-27-2012). The proposed fee is $22.786.
RFQ/RFP Kent-SE 256" Street Page 4 of 5
APPRAISAL SERVICES PROPOSAL
Murray & Associates
INSURANCE REQUIREMENTS
I have reviewed the insurance requirements of the subject RFP, and I currently have the required
insurance coverage.
PROJECT TIMING
My intent would be to start work, upon authorization to proceed,by completing the necessary
research and conducting joint site inspections with the property owner representatives and
completing the required reports. The appraisal reports will be delivered as completed with all
parcels completed and delivered within five weeks from your authorization to proceed.
Murray&Associates
all
Dated: 6-25-2012
RFQ/RFP Kent-SE 256`h Street Page 5 of 5
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w," Agenda Item: Consent Calendar - 7U
TO: City Council
DATE: August 7, 2012
SUBJECT: Safeway Fuel Project #1294 Bill of Sale - Accept
MOTION: Accept the Bill of Sale for the Safeway Fuel Project #1294, permit
2074423, for 157 linear feet of frontage improvements.
SUMMARY: The Safeway Fuel Project #1294 is located at 1110 W. Meeker
Street.
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: None
MAIL TO:
CITY OF KENT
ENGINEERING DEPARTMENT
ATTN: Jim Ausburn
220 - 4T" AVENUE SOUTH
NU tNT N O T O N KENT, WASHINGTON 98032
WASHIProject: Safeway Fuel Facility
a 'S Permit #: CNST-2074424
„y3 Location: 1110 W Meeker St
t' Parcel #: 5436200820
BILL OF SALE
CITY OF KENT
KING COUNTY, WASHINGTON
THIS INSTRUMENT made this 16 day of May 20 12 by and between,
Safeway Inc. , hereinafter called
"Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called
"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following
described improvements:
A. WATERMAINS: Not Applicable
Together with a total of gate valves at $ each, hydrants at
$ each and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
Including linear feet at $ per LF of
(size & type) waterline.
B. SANITARY SEWERS: Not Applicable
Together with a total of manholes at $ each and/or any other appurtenances
thereto.
ON FROM TO
(street, easement, etc.)
Including linear feet at $ per LF of
(size &type) sewerline.
Bill of Sale
1of5
C. NEW STREETS: Not Applicable
Together with curbs, gutters, sidewalks, and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
Including linear feet at $ per LF of
(size &type) (improvement).
D. FRONTAGE IMPROVEMENTS:
Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
Meeker St Northwest Property Corner Northeast Property Corner
Including 157 linear feet at $ 257.00 per LF of Curb. Gutter, Sidewalk. Paving,
and Overlay to Centerline of Meeker St.
(size &type) (improvement).
E. STORM SEWERS: Not Applicable
Together with a total of manholes at $ each or total of catch
basins at $ each, LF of biofiltration swale or drainage ditch
with a total cost of $ cubic feet of detention pond storage
with a total cost of$ and/or any other appurtenances thereto.
ON FROM ig
(street, easement, etc.)
Including linear feet at $ per LF of
(size &type) sewerline.
To have and to hold the same to the said Grantee, its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free
from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell
the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all
person(s).
The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and
assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable
City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year
maintenance period.
Bill of Sale
2of5
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
16 day of May 20 12/
Assistant Vice President Assistant Secretary
Form approved:
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of 20
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this \',May of 20 before me, the
undersigned A Notary Public in anwgf�'c,the State of Washington, duly commissioned and sworn, personally
appeared } ��✓ to me known to be the individual described in and
who executed th(e� t g instrument, and acknowledged to me that he/she signed and sealed this
instrumV T j s/her free and voluntary act and deed for the uses and purposes therein mentioned.
QIVEN under my hand and official seal this day of 20
Notary Public in and for the State of
Washington, residing at
My Commission Expires:
Bill of Sale
3of5
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
County of Alameda )
On May 16,2012 before me, Susan Rhoades,Notary Public,personally appeared
Wendall Mitchell and Steven J. Gouig, who proved to me on the basis of satisfactory
evidence to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities, and that
by their signatures on the instrument the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
h
Signature
CQMM.#9898990 �
NOTARY PUBLIC CALIFOHNW
AIgAiEDA COUNTY {y
Mtl CORM.ERP.DULY 25,2014 f[
z.srws`ia. +�r4v4
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day of 20 before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared and to me to be the
and respectively of
the that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
for the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute the said instrument.
Witness my hand and official seal hereto affix the day and year first above written.
Notary Public in and for the State of
Washington, residing at
My Commission Expires:
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City
Council of the City of Kent, King County, Washington, on the day of
20
Bill of Sale
4of5
ENT
w A S H i N a r O H
ENGINEER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for °eke Ny e �Y '� t project
dated 1 for the same said
project. Notrj L���rv� v1 the undersigned
P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and
is an employee of �cQnrl cd>^ csl"Cc ni,% r L Lc , the firm
responsible for the preparation of the record drawings.
w
Signature
R„
(Engineer.stamp required)
�Jb 3
Bill of Sale
5of5
KENT Agenda Item: Consent Calendar - 7V
TO: City Council
DATE: August 7, 2012
SUBJECT: Morford Meadows South Bill of Sale - Accept
MOTION: Accept the Bill of Sale for the Morford Meadows South project,
permit 2062780, for 1 gate valve, 1 hydrant, and 281 linear feet of waterline, 7
catch basins, and 431 linear feet of storm sewerline.
SUMMARY: The Morford Meadows South project is located at 25248 114th
Avenue SE.
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: None
MAIL TO:
CITY OF KENT
ENGINEERING DEPARTMENT
ATTN:
VAINW T 220 - 4T11 AVENUE SOUTH
1%�rl 14 T WASHINOTON KENT, WASHINGTON 98032
Project:
Permit #:
Location:
Parcel *:
BILL OF SALE
CITY OF KENT
KING COUNTY, WASHINGTON
THIS INSTRUMENT made this 19 dayof J"&::� 20 by and between
Ahereinafter called
"Grantors", and CI of Kent, a municipal corporation of King County, State of Washington, hereinafter called
"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following
described improvements:
A. WATERMAINS:
Together with a total of gate valves at$ 5a o 00each, hydrants at
$ /00,0 each and/or any other appurtenances thereto.
iON FROM TQ
(street, easement, etc.)
0%St6(,eA- I((A w,r o'k
Z,5,.2Jrd, Pt 3+ 15)
Including linear feet at $ (A6D per LFof
(size &type) --LL_L waterline.
B. SANITARY SEWERS.
Together with a total of manholes at $ -each and/or any other appurtenances
thereto.
ON FROM TO
(street, easement, etc.)
Including -linear feet at$_per LF of
Bill of Sale
1 of 5
(size &type) sewerline.
G. NEW STREETS:
Together with curbs, gutters, sidewalks, and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
Including linear feet at $ per LF of
(size &type) (improvement).
D. lERONTRGE IMPROVEMENTS:
Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
Including linear feet at $ per LF of
(size & type) (improvement).
E. STORM SEWERS:
Together with a total of `" manholes at $ each or total of 74 catch
basins at $ 00 each, LF of biofiltration swale or drainage ditch
with a total cost of $ , cubic feet of detention pond storage
with a total cost of$ "'" and/or any other appurtenances thereto.
ON FROM TO
r (street, easement, etc.)
� :J-'rc 5" �'4"t wi".eDD.' ".. !! `�1 'a`i�:}f.�.. <,{K° "'. �'tA4r)n .:+r=a4N'P
Including 4 ? t linear feet at $ per LF of 4
(size &type) } V C. 1 C.P, �' sewerline.
To have and to hold the same to the said Grantee, its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property; and that the same Is free
from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell
the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all
person(s).
The Bill of Sale is given on consideration of the agreement of the Grantee for itself, Its successors and
assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable
City Ordinances. The City accepts the Items subject to staff approval and completion of a 2 year
maintenance period.
Bill of Sale
2of5
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
Z U day of 20
1
IN WITNESS WHEREOF the cut on this undersigned has caused this instrument to be executed 9
day of 26A 20 .
STATE OF WASHINGTON
) SS
COUNTY OF KING }
On this �J -Q � k� aQ lia day of -� 20 12 before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared TTA MC't��"t`/ t_)f d to me known to be the individual described in and
who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this
instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned.
�r
GIVEN under my hand and official seal this day of y l�� 20
q 6,yggava0\4141111111111jr ',',,,.
gtitil\ild6pl�,�a
ry Publi Irl And'fja St a of
$Nashington, sidi gat
rrim;%�j,14p 1n49g1&gyp` = y `
P7 Commission Expires:
rr'lll'4r1e4 `
Bill of Sale
3of5
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day of 20 before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared and to me to be the
and respectively of
the that executed the foregoing
Instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
for the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute the said instrument.
Witness my hand and official seal hereto affix the day and year first above written.
Notary Public in and for the State of
Washington, residing at
My Commission Expires:
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City
Council of the City of Kent, King County, Washington, on the day of
20
Bill of Sale
4of5
KENT
WASHINGTON
ENGINEER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for &6F,,QM 0 soauSS 6/xr'r4 project
dated _ AVOU e 1-7 Zb12 for the same said t42faPab o
project. "&-o 1A. Ka f w— the undersigned
P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale,
Signature �pp����
Y
(Engineers ,�,, 28M
rXPtnt_g 6
Bill of Sale
5of5
w," Agenda Item: Consent Calendar - 7W
TO: City Council
DATE: August 7, 2012
SUBJECT: Morford Meadows South Final Plat - Approve
MOTION: Approve the final plat mylar for Morford Meadows South and
authorize the Mayor to sign the mylar.
SUMMARY: On April 19, 2006, the Hearing Examiner recommended approval to
subdivide 1.86 acres into 11 single family residential lots and one stormwater tract.
The applicant has complied with the conditions required prior to recordation. The
property is located at 25248 114th Avenue SE.
EXHIBITS: Map and Conditions
RECOMMENDED BY: Economic & Community Development and Public Works Staff
BUDGET IMPACTS: None
194THAVE. S.E. (PUBLIC) pm om i�
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ND1'12'10"E 328.65' _ oti m
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- Iw 150.00,
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-- ---- __ I
g 50.00, ____50A0_____ __t- 7BJ0' ` 150.00. ________ _ ___1 m� m
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v�o m om� oirnn � zc 2v,l Al m ovo m � I o �
m�' S 1 �` 12 I' o " p m.Z-y a 5' PRIVATE DR41MAGE EASEMENT
FOR THE BENEFIT OF LOTS 9 AND 11.1
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MAWTENANCE TOBE SHARED EQUALLYI
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50.00' i N01'12'10"E 115.41' li------ 9H 50 65.00'
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OFFICE OF THE LAND USE HEARING EXAMINER
KENT w s ro Theodore P. Hunter
Hearing Examiner
FINDINGS, CONCLUSIONS AND DECISION
COMMUNITY
DEVELOPMENT
Fred N. 5atterstromAICP
Director
FILE NO: MORFORD MEADOWS SOUTH PLAT
#SU-2005-12 KIVA #2052584
PLANNING SERVICES APPLICANT: Paul Morford
Chadene Anderson,AICP Manager P.O. Box 6345
Kent, WA 98064
Mailing Address:
220 Fourth Ave. S.
Kent,WA98032-5e95 REQUEST: A request to subdivide 1.86 acres into 11 single-
family residential lots.
Location Address:
aen west Gowe
Kent,WA 98032 LOCATION: 25248 110' Avenue SE
032 '
Phone:253-856-5454 APPLICATION FILED: July 25, 2005
Fax:253-656-6454 '
DETERMINATION OF
NONSIGNIFICANCE ISSUED: November 29, 2005
MEETING DATE: April 5, 2006
DECISION ISSUED: April 19, 2006
DECISION: APPROVED with conditions
STAFF REPRESENTATIVE: Kim Marousek, Planning Services
Mike Gillespie, City Engineer
PUBLIC TESTIMONY: Paul Morford, Applicant
EXHIBITS: 1 . Staff report dated April 5, 2006, with a Site/Vicinity
Map and the following attachments:
Findings, Conclusions and Decision
Hearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, KIVA #2052584
Page 1 of 16
A. Preliminary Plat Application filed July 25, 2005
B. Correspondence, including letter from Meucci
Family received November 28, 2005, and
U.S.P.S. Mailbox Location Approval dated
October 27, 2005
C. Department Routing, including comments from
Parks Department
D. Public Notice Documents, including affidavits
of notice and mailing list
E. Notice of Application Documents, including
Revised Notice of Application, affidavits of
notice, distribution list, correspondence with
King County Journal, original Notice of
Application, notice of completeness dated
August 29, 2005, and notice of incompleteness
dated August 4, 2005
E Mitigated Determination of Nonsignificance
(MDNS) dated November 29, 2005 and
Environmental Checklist
2. Bower Short Plat Sewer and Water Plan
3. Tentative Long Subdivision Information, prepared
by Deputy Fire Marshal Jason Napier, C.E.T.
4. Applicant's proposed modification of recommended
condition A(3)(a).
The Hearing Examiner enters the following Findings and Conclusions based upon the
testimony and exhibits admitted at the open record hearing:
FINDINGS
1. Paul Morford (Applicant) requested approval of a preliminary plat to subdivide
1 .86 acres of land into 11 single-family residential lots. The subject property is
located at 25248 114th Avenue SE, Kent, Washington, and is identified as King
County tax parcel number 2022059256. Exhibit 1, Staff Report, pages 1 and 2
and Site Map; Exhibit 1, Attachment A.
2. The City of Kent determined the preliminary plat application to be complete on
August 29, 2005. Exhibit 1, Attachment E.
3. The subject property is developed with a single-family residence and detached
garage. These structures would be removed from the site. Exhibit 1, Staff Report,
page 1 and Site Map.
Findings, Conclusions and Decision
Hearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, KIVA #2052584
Page 2 of 16
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4. The subject property is zoned SR-6 (Single Family Residential, maximum gross
density 6.05 dwelling units per acre). The gross density of the proposed 11-lot
development would be 5.9 dwelling units per acre (11 lots = 1 .86 acres = 5.9).
Exhibit 1, Staff Report, page 2; Testimony of Ms. Marousek City of Kent
Ordinance No. 3788 (rezone from SR-4.5 to SR-6).
5. Lot standards applicable to development in SR-6 zone include a minimum lot
size of 5,700 square feet and a minimum lot width of 50 feet. KCC 15.04.170.
Each of the proposed lots would satisfy these standards. The lots would range
from 5,700 to 8,985 square feet in area. The narrowest lots would be 50 feet
wide. Exhibit 1, Staff Report, page 6 and Site Map.
6. The City of Kent Comprehensive Plan designation of the property is Single
Family Residential, Six Units Per Acre (SF-6). The Comprehensive Plan
contains goals and policies that support in-fill development near existing services
and infrastructure, and the provision of a wide variety of housing types. Exhibit 1,
Staff Report, pages 2 and 6.
7. There are no environmentally sensitive areas on site - such as steep slopes,
wetlands, streams, or buffers - and no significant trees on site. Exhibit 1, Staff
Report, page 3.
8. Access to the plat would be from 114t" Avenue SE. Access to individual lots
within the plat would be from 114th Avenue SE (Lots 1 and 2) or a new private
road constructed within a 30-foot-wide tract. Exhibit 1, Staff Report, page 3 and
Site Map. Because the proposed plat is an infill development, there are no
opportunities to establish new street connections to adjoining properties. Exhibit
1, Staff Report, page 9.
9. The City of Kent Comprehensive Plan designates 114th Avenue SE as a
Residential Street. City road standards require Residential Streets to have 60
feet of right-of-way, 32 feet of asphalt pavement (two traffic lanes), cement
concrete curbs and gutters, a five-foot-wide planter strip, five-foot-wide sidewalks
on both sides of the street, a storm drainage system, a street lighting system,
and utilities. Exhibit 1, Staff Report, page 4.
10.. In its current configuration, 114th Avenue SE has 60 feet of right-of-way, 32 feet
of asphalt pavement, cement concrete curbs and gutters, a storm drainage
system, and cement concrete sidewalks. There is no planter strip between the
back of the curb and the sidewalk along the subject property frontage, and the
existing streetlights do not meet current City standards. Exhibit 1, Staff Report,
pages 3-4.
Findings, Conclusions and Decision
Hearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, KIVA #2052584
Page 3 of 16
11. The City has determined that the existing 114th Avenue SE street section, without
a planter strip, is adequate and that it would not be cost effective to require the
Applicant to remove the existing sidewalk in order to install a planter strip. Exhibit
1, Staff Report, page 4.
12. There are currently two street lights spaced 100 feet apart along the subject
property frontage. The lights are mounted on wood poles, although current City
standards require metal poles. The City Engineer submitted that the City would
approve the lights on the existing wood poles if the light level is sufficient to meet
City standards for "foot candle" power. The adequacy of the lights is a safety
issue for both vehicles and pedestrians because the lights allow for observation
and security. Testimony of Mr. Morford; Testimony of Mr. Gillespie.
13. The development is expected to add 10 new PM peak hour trips to the local
street system. The Mitigated Determination of Nonsignificance (MDNS) issued
for the proposal requires the Applicant to mitigate traffic impacts by (1) preparing
a Traffic Impact Study and constructing those improvements necessary to raise
the Level of Service of affected intersections above City standards; or (2) paying
a fair share of the estimated construction costs of the City's South 272"d
Street/South 277th Street Corridor Project. Exhibit 1, Attachment F.
14. Kent School District No. 415 would serve the students generated by the
development. Pursuant to KCC 12.13.160, each lot would be assessed an impact
fee at the time of construction permit issuance to mitigate the impact of additional
students on school district facilities. Exhibit 1, Staff Report, page B.
15. The Applicant would provide a walkway along the new private street to connect
with the existing sidewalk on 114th Avenue SE. In addition, the MDNS requires
the Applicant to provide a pedestrian walkway between the sidewalk and the
sidewalk serving George Daniel Elementary School, or, at the Public Works
Department's discretion, pay a regional sidewalk improvement mitigation fee of
$1,500 per gross acre. Exhibit 1, Attachment F; Exhibit 1, Staff Report, pages 9
and 16.
16. The King County Department of Metropolitan Services (METRO) serves the
subject property through bus routes on SE 256th Street, approximately one-
quarter mile south of the subject property. Exhibit 1, Staff Report, page 10.
17. Each of the lots would be connected to water and sewer service provided by the
City of Kent. The existing public sewer system extends across the site. Exhibit 1,
Staff Report, page 10; Testimony of Mr. Morford.
Findings, Conclusions and Decision
Nearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, KIVA #2052584
Page 4 of 16
18. Storm water runoff from the development would be treated and detained in Tract
A, located in the southeast corner of the subject property. The drainage facilities
would be required to comply with the 2002 City of Kent Surface Water Design
Manual and the City of Kent Construction Standards. The City recommended that
the Applicant design the facilities to the Level Two retention/detention and
release standard, and the Resource Stream Protection water quality standard.
Exhibit 1, Staff Report, pages 5, 9, and 13 and Site Map.
19. Section 12.04.780 of the Kent City Code requires developers to dedicate five
percent of the site area as open space for parks or pay a fee in lieu of dedication.
The Applicant proposes to pay the fee. The fee amount, based on 2005 tax
assessment records from the King County Assessors Office, would be $6,000.00.
Exhibit 1, Staff Report, page B.
20. The City of Kent acted as lead agency for review of environmental impacts
caused by the proposal. The City issued a Mitigated Determination of
Nonsignificance (MDNS) for the plat on November 29, 2005. The MDNS contains
two conditions (1) requiring the Applicant to submit a Traffic Impact Study and
construct the transportation improvements called for in the study or pay an
Environmental Mitigation Fee representing the project's fair share of the City's
South 272"d Street/South 277th Street Corridor Project, and (2) requiring the
Applicant to provide pedestrian walkway improvements or pay a regional
sidewalk improvement mitigation fee. The MDNS was not appealed. Exhibit 1,
Attachment F; Testimony of Ms. Marousek.
21. Notice of the open record hearing was posted on site on December 2, 2005,
mailed to properties within 300 feet of the site on December 2, 2005, and
transmitted to the local newspaper for publication in accordance with City
ordinances. Exhibit 1, Attachment D.
CONCLUSIONS
Jurisdiction
The Hearing Examiner has jurisdiction to hold a hearing on preliminary plat applications;
to consider all evidence presented at the hearing; and, based on that evidence, to
approve, disapprove or approve with conditions the preliminary plat. KCC 2.32; KCC
12.04; RCW 58.17.
Criteria for Review
The decision of the Hearing Examiner must be supported by the evidence presented
and must be consistent with the standards and criteria for review specified in state
statutes and city ordinances.
Findings, Conclusions and Decision
Hearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, KIVA #2052584
Page 5 of 16
The standards and criteria for review of preliminary plat applications are found in
Chapter 12.04 of the KCC and Chapter 58.17 of the Revised Code of Washington
(RCW). The review criteria include the following:
A. Under KCC 12.04.635, no subdivision shall be approved unless the proposed
subdivision:
1 . Creates legal building sites, which comply with all provisions of KCC Title
15, Zoning, and health regulations;
2. Establishes access to a public road for each segregated parcel;
3. Has suitable physical characteristics (i.e. a proposed plat may be denied
because of flood, inundation or wetland conditions; slope, soil stability
and/or capabilities; or the construction of protective improvements may be
required as a condition of approval);
4. If adjacent to another municipality or King County, takes into consideration
the subdivision standards of that jurisdiction as well as the requirements of
this chapter;
5. Makes adequate provision for stormwater detention, drainage ways, water
supplies, sanitary wastes, and other public utilities and services, as
deemed necessary; and
6. Makes adequate provision for the connectivity of streets, alleys,
pedestrian accessways and other public ways.
B. Under KCC 12.04.685(A), a proposed subdivision and dedication shall not be
approved unless the City finds that:
1 . Appropriate provisions have been made for:
a. The public health, safety and general welfare of the community;
b. Protection of environmentally sensitive lands and habitat;
c. Open spaces;
d. Community parks and recreation;
e. Neighborhood tot lots and play areas;
f. Schools and school grounds;
g. Drainage ways;
h. Stormwater detention;
i. Connectivity of sidewalks, pedestrian pathways, traffic calming
features and devices, and other planning features that assure safe
walking conditions within and between subdivisions and
neighborhoods for residents and students who walk to and from
schools, parks, transit stops and other neighborhood services;
Findings, Conclusions and Decision
Nearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, KIVA #2052584
Page 6 of 16
j. Connectivity of streets or roads, alleys, pedestrian accessways,
and other public ways within and between subdivisions and
neighborhoods;
k. Transit stops;
I. Potable water supplies;
M. Sanitary wastes;
n. Other public utilities and services, as deemed necessary; and
2. The City has considered all other relevant facts; and
3. The public use and interest will be served by the platting of such
subdivision and dedication; and
4. The City has considered the physical characteristics of a proposed
subdivision site.
These criteria as set forth in the Kent City Code are essentially identical to those
in the Revised Code of Washington. These criteria must also be met by the
application before a decision of approval can be made. RCW 58.17.110 requires
that:
Appropriate provisions must be made for the public health, safety and
general welfare, for open spaces, drainage ways, streets or roads, alleys,
other public ways, transit stops, potable water supplies, sanitary wastes,
parks and recreation, playgrounds, schools and school grounds and all
other relevant facts including sidewalks and other planning features that
assure safe walking conditions for students who only walk to and from
school; and the public interest must be served by the subdivision.
Conclusions Based on Findings
1. With conditions, the proposed development is consistent with the
provisions of KCC 12.04 and RCW 58.17.110.
A. With conditions, the proposed development would comply with the
standards set forth in KCC 12.04,635. The subdivision would create legal
building sites, each with access to 114th Avenue SE. The site has suitable
physical characteristics for development; there are no environmentally
sensitive areas or significant trees. Adequate provision would be made for
stormwater detention, water, and sewer. The internal street and sidewalk
would connect to 114th Avenue SE. Further street connections would not
be feasible for this development. Findings Nos. 4, 5, 7, 8, 15, 17, and 18.
B. With conditions, appropriate provisions would be made for the public
health, safety, general welfare and all other items identified in KCC
12.04.685. The proposed private street improvements, the walkway
Findings, Conclusions and Decision
Hearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, KIVA #2052584
Page 7 of 16
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improvements and mitigation fees required by the MDNS, and an
adequate street lighting system would provide for public safety and
mitigate the traffic impacts of the development. The existing street lighting
system may be used if it satisfies the City's foot-candle standards. The
development's impact on community parks would be mitigated through
payment of a fee in lieu of dedication, and its impact on schools would be
mitigated through payment of impact fees at the time of construction
permit issuance. Stormwater runoff would be treated and detained on site
in accordance with City standards. Appropriate provision would be made
for sidewalk connectivity. Adequate facilities would be provided to ensure
safe walking conditions for students walking to and from school. Transit
service would be available to residents through bus routes on SE 256th
Street. Water and sanitary sewer service would be extended to each of
the lots. The physical characteristics of the site have been considered,
and such characteristics would not prevent development of the site as
proposed. Findings Nos. 7-20.
C. Based on the above conclusions, the requirements of RCW 58.17.110
have been satisfied.
DECISION
Based on the preceding Findings and Conclusions, the request for approval of a
preliminary plat to subdivide 1.86 acres of land into 11 single-family residential lots is
GRANTED, subject to the following conditions:
A. PRIOR TO RECORDING THIS SUBDIVISION:
1. The Owner/Subdivider shall pay all Charges in Lieu of Assessments
and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction
Conference and/or prior to recording this plat, whichever comes first.
2. The Owner/Subdivider shall provide Public Works with a digital plat map
prepared with a CAD program. The digital information can be formatted in
either *.DWG (AutoCad) or '.DXF (Drawing Exchange File), but must be
based upon State Plane coordinates: an assumed coordinate system
is not permitted. The State Plane Coordinates shall be on the NAD 83/91
datum and relate to at least two City of Kent reference points within one
half mile of the subdivision. In addition, the project shall be tied into at
least two City of Kent NAD 88 vertical benchmarks and two additional
permanent benchmarks shall be established within the project. The
elevations of these benchmarks will be reported at the time as-built
Findings, Conclusions and Decision
Hearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, K/VA #2052584
Page 8 of 16
drawings are submitted along with field notes sufficient to verify their
accuracy.
3. The Owner/Subdivider shall submit and receive City approval of
engineering drawings from the Department of Public Works, and shall then
either construct or bond for the following:
a. A public gravity sanitary sewer system to serve all lots.
The existing public sewer system extends across both the north-
south and east-west directions of the site. Construction of
individual side sewers will be required to service each lot.
The septic system serving the existing home(s) within the proposed
subdivision — if any — shall be abandoned in accordance with King
County Health Department Regulations.
b. A public water system meeting domestic and fire flow requirements
for all lots.
The public water system shall be sized to serve all off-site
properties within the same service area shall be extended across
the entire subdivision as needed to serve adjacent properties within
the same service area, unless otherwise determined by the water
purveyor.
Existing wells — if any — shall be abandoned in accordance with the
requirements of the Department of Ecology.
C. A stormwater system. The Engineering Plans must meet the
minimum requirements of the City of Kent Construction Standards
and 2002 City of Kent Surface Water Design Manual (KSWDM).
Initial guidance for the Engineering Plans are given below (See
Chapter 2 of KSWDM for detailed submittal requirements):
(1) The Engineering Plans will include at a minimum: Site
improvement plans which include all plans, details, notes
and specifications necessary to construct road, drainage,
and other related improvements. The engineering plans shall
include a technical information report (TIR) which contains
all the technical information and analysis to develop the site
improvement plans.
Findings, Conclusions and Decision
Hearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, K1VA #2052584
Page 9 of 16
(2) An erosion and sedimentation control (ESC) plan shall be
included with the engineering plans. The ESC shall meet the
requirements of the City of Kent Construction Standards,
and the 2002 City of Kent Surface Water Design Manual.
These plans must reflect the Detailed Grading Plan
discussed below, and the Planning Services approved
Detailed Tree Plan
(3) The retention/detention and release standard that will be met
by the subdivision is Level Two. The water quality menu that
will be met by the subdivision is the Resource Stream
Protection Menu.
(4) The site improvement plans and technical information report
will contain drainage calculations and a drawing of the
retention/detention pond tract at an appropriate engineering
scale to show that the proposed on-site or off-site
retention/detention tract is large enough to contain the
required minimum stormwater storage volume and water
quality facility. The site improvement plans will also show
that all required stormwater management facilities will be
outside of delineated wetlands and their buffers, as well as
outside of creeks and rivers and their buffers.
(5) A Level Two downstream analysis is required for this
development, and it will include an analysis for capacity,
erosion potential, and water quality. Refer to the
requirements of Technical Information Reports in Section 3:
"Offsite Analysis", of the 2002 City of Kent Surface Water
Design Manual for the specific information required for
downstream analyses.
(6) Roof downspouts for each roofed structure (house, garage,
carport, etc.) shall be directed to a Roof Downspout
Infiltration System meeting the requirements of Section C.2,
flow Control BMP's, in Appendix C to the King County
Surface Water Design Manual. These roof downspout
conveyance and infiltration systems shall include overflow
pipes connected to an approved dispersion system. The
Drainage Plans will include an approved detail for the Roof
Downspout Infiltration System. The face of the recorded plat
shall contain the following restriction:
Findings, Conclusions and Decision
Hearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, KIVA #2052584
Page 10 of 16
AS A CONDITION OF BUILDING PERMIT ISSUANCE,
RESIDENCES CONSTRUCTED ON LOTS OF THIS
SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT
INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE
APPROVED PLANS.
(7) If determined necessary by the Public Works Department
following review and approval of the required downstream
analysis, the Owner/Subdivider shall provide public drainage
easements meeting the requirements of the City of Kent
Construction Standards for the specified downstream reach
where adequate public drainage easements do not currently
exist.
(8) The Owner/Subdivider shall submit Landscape Plans for
within and surrounding the retention/detention facility to
Planning Services and to the Department of Public Works for
concurrent review and approval prior to, or in conjunction
with, the approval of the Engineering Plans. These
Landscape Plans shall meet the minimum requirements of
the City of Kent Construction Standards, and the stormwater
management landscaping requirements contained within the
1998 King County Surface Water Design Manual.
Landscape Plans are required to show adjacent Street Trees
so that the City arborist can assess potential adverse stress
upon all types of vegetation.
(9) The Owner/Subdivider shall execute Declaration of
Stormwater Facility Maintenance Covenants for the private
portions of the drainage system prepared by the Property
Management Section of the Department of Public Works.
See Reference 8-F, Declaration of Stormwater Facility
Maintenance Covenant, to the 2002 City of Kent Surface
Water Design Manual for information on what is contained
within this document.
d. A Detailed Grading Plan for the entire subdivision meeting the
requirements of the Uniform Building Code, the City of Kent
Construction Standards, and City of Kent Development Assistance
Brochure #1-3, Excavation and Grading Permits & Grading Plans.
Initial guidance for these plans is given below:
Findings, Conclusions and Decision
Nearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, KIVA #2052584
Page 11 of 16
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(1) These plans will include provisions for utilities, roadways,
retention/detention ponds, stormwater treatment facilities,
and a building footpad for each lot.
(2) These plans shall be designed to eliminate the need for
processing several individual Grading Permits upon
application for Building Permits.
(3) These plans will use a 2-foot maximum contour interval, and
every fifth contour line will be darker in conformance to
standard drafting practice.
e. Street Improvement Plans for 114th Avenue Southeast. These
Street Improvement Plans shall meet the requirements of the City
of Kent Construction Standards, and City of Kent Development
Assistance Brochures #6-Z Private and Public Street
Improvements, and # 6-8, Street Improvement Plans, for a street
designated as a Residential Street within the City of Kent
Comprehensive Plan. Initial guidance for the necessary interim
street improvements is given below:
(1) A street lighting system shall be provided. The existing street
lights, which are mounted on wood poles, may be used as
the required street lighting system if they provide adequate
light to satisfy the foot-candle standard of the City. If the
existing street lights do not satisfy the foot-candle standard
of the City, new poles and street lights shall be installed as
needed to satisfy City standards, as determined by the
Public Works Department. Any new street lights shall be
constructed and maintained by the IntoLight Division of
Puget Sound Energy. All electrical and maintenance bills
shall be paid by the Homeowners Association created for the
subdivision.
(2) Street Trees installed behind the existing cement concrete
sidewalk. These Street Trees will be located as approved by
the Public Works Department, and the species shall be
selected from the Approved Street Tree List contained within
City of Kent Development Assistance Brochure #14, City of
Kent Street Trees.
f. Street Improvement Plans for the new east-west Private Residential
Street connected to 114th Avenue Southeast and terminating with a
Findings, Conclusions and Decision
Hearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, KIVA #2052584
Page 12 of 16
permanent cul-de-sac bulb, or approved turnaround at or near its
easterly terminus. The Street Improvement Plans for this private
street shall be designed in conformance with the requirements for a
Private Residential Street as required by CitV of Kent Construction
Standards, and City of Kent Development Assistance Brochure #6-
2, Private and Public Street Improvements and City of Kent
Development Assistance Brochure # 6-8, Street Improvement
Plans for a private street at least 20-feet wide. Initial guidance for
these street improvements is given below:
(1) A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement,
measured from edge of pavement to edge of pavement, or
from face of curb to face of curb, except where additional
pavement is required by the Fire Marshal for emergency
vehicle access.
(2) A 5-foot wide paved walkway constructed along one side of
the street.
(3) An approved cul-de-sac, or approved turnaround at its east
terminus. The minimum inside curb return radius shall be 30-
feet, and the minimum outside radius shall be 50-feet.
(4) A private stormwater drainage system, including provisions
for conveyance, detention, and treatment facilities where
applicable.
(5) Fire Lanes — if any — shall be marked as directed by the Fire
Marshal.
(6) This private street, including sidewalk must be centered
within a private roadway tract or easement that is at least 1-
foot wider than the total width of the private street and
sidewalk combination.
(7) This private street will connect to 114th Avenue Southeast
via the installation of a Residential Driveway Approach
meeting the requirements of Standard Detail 6-5(a), and an
inside design radius of 30-feet.
g. Improvement Plans for the new north-south Joint Use Driveways
connected to the new east-west Private Residential Street. Initial
guidance for these driveway improvements is given below:
Findings, Conclusions and Decision
Hearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, KIVA #2052584
Page 13 of 16
(1) A minimum of 16-feet of Hot Mix Asphalt (HMA) pavement,
measured from edge of pavement to edge of pavement,
except where additional pavement is required by the Fire
Marshal for emergency vehicle access.
(2) An approved turnaround at each terminus, unless waived in
writing by the Fire Marshal.
(3) A private stormwater drainage system, including provisions
for conveyance, detention, and treatment facilities where
applicable.
(4) Fire Lanes — if any — will be marked as directed by the Fire
Marshal.
(5) These private driveways, must be centered within a private
easement that is at least 1-foot wider than the total paved
width of the private residential driveway.
h. Street Light Plans for 114th Avenue SE. The existing street lights,
which are mounted on wood poles, may be used as the required
street lighting system if they provide adequate light to satisfy the
foot-candle standard of the City. If the existing street lights do not
satisfy the foot-candle standard of the City, new poles and street
lights shall be installed consistent with City of Kent Construction
Standards and City of Kent Development Assistance Brochure No.
6-1, Street Lighting Requirements.
L Mailbox clusters shall be installed at locations and per standards of
U.S. Postmaster and Public Works Department.
5. The Owner/Subdivider shall create a Homeowner's Association or other
method as approved by the City Attorney and Puget Sound Energy for this
subdivision to ensure that the property owners within this subdivision are
advised of their requirement to pay for the provided street lighting system.
Those sections of the required document written to govern that
association as they relate to any IntoLight Division of Puget Sound Energy
street lighting systems, shall be reviewed and approved by the
Department of Public Works, prior to the recording these documents.
6. The face of the final plat will clearly identify the private streets and which
Lots and Tracts will be served by those private streets. The face of the
Findings, Conclusions and Decision
Hearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, KlVA #2052584
Page 14 of 16
final plat will also specify that the maintenance of these private streets is
the sole responsibility of the property owners who are served by those
private streets.
7. The Owner/Subdivider shall deed all public rights-of-way, and otherwise
convey all private and public easements necessary for the construction
and maintenance of the required improvements for this subdivision
development.
8. The Owner/Subdivider shall submit and receive approval for a Detailed
Tree Plan, meeting the requirements of the Kent Zoning Code, and City of
Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to
the issuance of any Construction Permits for the subdivision. Grading
Plans cannot be approved by the Department of Public Works without an
approved Detailed Tree Plan.
9. Prior to release of any construction bonds, and prior to the approval of any
Building Permits within the subject subdivision, the Department of Public
Works must receive and approve As-Built Drawings meeting the
requirements of the City of Kent Construction Standards, and City of Kent
Development Assistance Brochure #E-1, As-Build Drawings, for: Streets;
Street Lighting System; Water; Sewer; Stormwater Drainage Facilities;
and all off-site improvements where the locations and/or elevations are
deemed critical by the Department of Public Works.
10. The Owner/Subdivider shall submit for review and approval by the City of
Kent and obtain necessary permits to relocate or remove existing
structures in conformance with Kent City Code.
B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS
SUBDIVISION, THE OWNER/SUBDIVIDER SHALL:
1. Record the Plat.
2. Pay the Environmental Mitigation Fee for that lot.
3. Construct all of the improvements required above.
4. Submit and receive City approval for As-Built Drawings meeting the
requirements of City of Kent Development Assistance Brochure #E-1, As-
Built Drawings, for street improvements, stormwater management system,
street lighting system, and other off-site improvements where determined
necessary by the City.
Findings, Conclusions and Decision
Hearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, KIVA #2052584
Page 15 of 16
DATED this 19th day of April 2006.
THEODORE PAUL HUNTER
Hearing Examiner
S:\Permit%Plan\long plats12005\2052584-2005-12fi ndi ngs.doc
Findings, Conclusions and Decision
Hearing Examiner for the City of Kent
Morford Meadows South Plat
#SU-2005-12, K/VA #2052584
Page 16 of 16
KENT Agenda Item: Consent Calendar - 7X
TO: City Council
DATE: August 7, 2012
SUBJECT: 640 Zone Reservoir - Accept as Complete
MOTION: Accept the 640 Zone Reservoir Project as complete and release
retainage to T. Bailey upon receipt of standard releases from the state and release
of any liens. The original contract amount was $3,949,977.84. The final contract
amount was $3,921,596.52.
SUMMARY: The 640 Zone Water Reservoir is located at the southeast corner of
124th Ave SE and SE 248th Street, site of the future East Hill Operations Center. The
reservoir is 75 feet in diameter and 137 feet tall, and was completed earlier this year.
The reservoir is the first step required to create the new 640 Zone, which will improve
water pressure at high elevations throughout the east hill.
A number of projects still need to be constructed to make the 640 Zone operable;
these projects have been prioritized and will be constructed annually until the zone is
complete. We estimate that work could be finished by 2018, if water revenues remain
as projected.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: None, this project was included in the water rate schedule
adopted by Council in 2009.
W," Agenda Item: Consent Calendar - 7Y
TO: City Council
DATE: August 7, 2012
SUBJECT: Excused Absence, Council President Higgins - Approve
MOTION: Approve an excused absence for Councilmember Higgins as he is
unable to attend the August 7, 2012, meeting.
SUMMARY:
EXHIBITS: Memorandum
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
City Council
40 Dennis Higgins, Council President
Phone: 253-856-5712
' K E N T Fax 253-856-6712
WASHINGTON Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
MEMORANDUM
TO: Suzette Cooke, Mayor
City Councilmembers
FROM: Dennis Higgins, Council President
DATE: August 7, 2012
SUBJECT: City Council Excused Absence
I would like to request an excused absence from the August 7, 2012 City
Council meeting. I will be unable to attend.
Thank you for your consideration.
Dennis Higgins
Council President
nc
KENT Agenda Item: Consent Calendar — 7Z
TO: City Council
DATE: August 7, 2012
SUBJECT: King County Grant for EarthCorps Services — Authorize
MOTION: Accept $6,650 in grant funds from King County to contract with
EarthCorps for services at Earthworks Park and approve the expenditure of funds in
the General Fund Budget.
Originally, this grant was approved at a City Council meeting on July 3, 2012, stating
the funds were from King Conservation District. In reality, the $6,650 in funds were
awarded through a grant from King County. This revised motion with the corrected
granting agency is required to approve the expenditure of funds.
Staff applied for and received a King County "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: Grant Agreement, Memo dated 7/3/2012
RECOMMENDED BY: Parks and Human Services Committee
BUDGET IMPACTS: General Fund Budget
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.
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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
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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
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Page 4 of 13
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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
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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.
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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
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Page 10 of 13
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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
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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.
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Page 13 of 13
KENT Agenda Item: Other Business - 8A
TO: City Council
DATE: August 7, 2012
SUBJECT: Voters Pamphlet Pro/Con Committee Appointments
MOTION: [Motion will be provided at the council meeting]
SUMMARY: State law requires that the city try to form two three-member
committees to write statements for and against the parks and street infrastructure
levy lid lift. The law also requires that the "legislative body" of the city make these
appointments. Last, the city has to give the county elections office the names of
committee members by this Friday, August 10.
The mayor has advertised on the City's website and electronically in the Kent Reporter
for volunteers for both these committees. The candidates slated for confirmation by
council will be provided at the meeting.
EXHIBITS:
RECOMMENDED BY:
BUDGET IMPACTS: None
Z KENT
HA r Agenda Item: Bids - 9A
TO: City Council
DATE: August 7, 2012
SUBJECT: Horseshoe Bend Levee Improvements, East and West Bend
Secondary Levees, Phase II
MOTION: Move to award the Horseshoe Bend Levee Improvements East &
West River Bend Secondary Levees Phase II project to SCI Infrastructure, LLC in
the amount of $4,361,315.21 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: This project consists of constructing approximately 1,450 linear feet
of flood protection walls (sheet pile walls) and 740 feet of earthen berm levee
including an asphalt path, flood gates, utility relocation, road improvements and other
miscellaneous work. The Engineer's estimate was $5,631,003.57. A total of seven
bids were received.
As we have reported to Council at past meetings, the Conditional Letter of Map
Revision (CLOMR) for Horseshoe bend was approved by Federal Emergency
Management Agency (FEMA) in June. This project is a requirement for moving ahead
with FEMA accreditation.
EXHIBITS: Memo dated 8/1/2012
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: The project will be funded through a combination of a state
grant, City drainage funds and a request to the Green River Flood Control Zone
District. The state grant will reimburse the City roughly $3-million. The remaining
funding will come from a combination of Flood District and City drainage fund monies.
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
KENT Address: 220 Fourth Avenue S.
W A S H I N c 7 o N Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: August 1, 2012
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E., Public Works Director
RE: Horseshoe Bend Levee Improvements East and West River
Bend Secondary Levees - Phase II
Bid opening for this project was held on August 1, 2012 with seven (7) bids
received. The lowest responsible and responsive bid was submitted by SCI
Infrastructure, LLC, in the amount of $ 4,361,315.21. The Engineer's estimate was
$5,631,003.57. The Public Works Director recommends awarding this contract to
SCI Infrastructure, LLC.
Bid Summary
01. SCI Infrastructure, LLC $4,361,315.21
02. Goodfellow Brothers, Inc. $4,375.467.54
03. Scarsella Brothers, Inc. $4,433,109.94
04. Frank Coluccio Construction Co. $4,565,202.19
05. Quigg Brothers, Inc. $4,573,786.00
06. Johansen Excavating, Inc. $5,222,095.03
07. MI Hughes Construction $5,324,139.68
Engineer's Estimate $5,631,003.57
REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
KENT
WASHINGTON
OPERATIONS COMMITTEE MINUTES
July 3, 2012
Committee Members Present: Dennis Higgins, Jamie Perry, Les Thomas, Chair
The meeting was called to order by Les Thomas at 4:07 p.m.
1. APPROVAL OF MINUTES DATED JUNE 19, 2012.
J. Perry moved to approve the Operations Committee minutes dated June 19, 2012, D.
Higgins seconded the motion, which passed 3-0.
2. APPROVAL OF CHECK SUMMARY REPORT DATED JUNE 1 - JUNE 15, 2012.
D. Higgins moved to recommend the City Council approve the Check Summary Reports
dated June 1 through June 15, 2012. J. Perry seconded the motion, which passed 3-0.
3. RECOMMEND CITY COUNCIL ADOPT AN ORDINANCE AMENDING 2.01.020 OF THE
KENT CITY CODE, ENTITLED -CITY COUNCIL MEETINGS," TO START THE
REGULAR CITY COUNCIL WORKSHOPS AT 5:00 PM INSTEAD OF 5:30 P.M.
The Kent City Code codifies the regular meeting dates and times of the full Council. The Council
has determined that it would be more efficient to amend the code to permanently move the Regular
Council Workshops to 5:00 p.m., except when a Regular or Special Council meeting occurs on or
before 5:00 p.m. Moved by D. Higgins recommending the Council adopt the amendment
2.01.020 of the Kent City Code entitled "City Council Meetings". Motion failed for lack of
second.
L. Thomas preferred there be more discussion on this item as this was the first time some of the
committee members were aware of proposed change to the Kent City Code.
Following discussion, it was moved by J. Perry, seconded by L. Thomas that this item be
tabled until the July 17, 2012 Operations Committee Meeting to allow for further
discussion. Motion passed 3-0.
4. RECOMMEND THAT THE OPERATIONS COMMITTEE AUTHORIZE ADMINISTRATION
TO APPROVE THE CONSULTANT SERVICES AGREEMENT FOR THE HYAS GROUP TO
PROVIDE REVIEW OF THE CITY'S DEFERRED COMPENSATION PROGRAM SUBJECT
TO APPROVAL OF TERMS BY THE CITY ATTORNEY'S OFFICE AND SAID CONTRACT
BE PLACED ON THE CITY COUNCIL CONSENT CALENDAR FOR JULY 17, 2012.
This three-year consultant services agreement with the Hyas Group will provide investment
consulting services and oversight of employee owned deferred compensation investment accounts.
Through this contract, Hyas Group assumes co-fiduciary responsibility with the City and agrees to
monitor and analyze the performance of plan investment options. There are currently 400 plus
employees in deferred compensation and fees for this three year agreement with the Hyas Group
are paid for by employees in the program.
Moved by D. Higgins, seconded by J. Perry, that the above mentioned consultant services
agreement with the Hyas Group be forwarded to the City Council Agenda for July 17,
2012, for approval and authorize Administration enter into said agreement. Motion
passed 3-0.
Operations Committee Minutes
July 3, 2012
Page: 2
S. RECOMMEND THE CITY COUNCIL ADOPT THE INVESTMENT POLICY ORDINANCE
UPDATING DELEGATION OF AUTHORITY AND ELIMINATING DESIGNATED
INSTITUTIONS FOR COLLATERAL ADVANCES.
(ADOPT)
Since 1996, the City has undergone reorganization making amendments necessary to various titles of
delegates of authority. Due to the economic downturn and bankruptcies of lending institutions,
amendments are necessary to eliminate designated institutions for collateral advances.
City Attorney Brubaker addressed the amendment to the ordinance section 3.02.060, that will add a
member of the Operations Committee to the Investment Committee. It was noted that the Mayor will
appoint a member of the Operations Committee to the Investment Committee.
Moved by J. Perry, seconded by D. Higgins, to recommend the Council adopt the Investment
Policy Ordinance updating delegation of authority and eliminating designated institutions for
collateral advances. Motion passed 3-0.
6. PROPERTY INSURANCE RENEWAL (INFORMATION ONLY)
Risk Manager, Chris Hills, discussed moving the anniversary renewal date for the City's property
insurance policy from January 1 to July 1 of each year. Costs have increased for the property insurance
in 2012, largely based upon weather catastrophes around the country and new inventory completed in
the spring of 2012, of City property not currently insured. The new property, valued at $53 million, will
now be covered under the City's property insurance. The overall increase is 22% for insuring the
additional property. Mr. Hills noted that the majority of the $53 million dollar increase is due to
underground facilities such as conduit vaults and storm sewer lines that were not previously insured.
The bulk of the sites are in the newly annexed Panther Lake area of the City.
Chair Thomas inquired if rates will be adjusted downward now that the Howard Hanson Dam has been
repaired. Mr. Hills added that there is a likelihood, although small, that rates will adjust down given the
repair of the dam.
While Mr. Higgins does not like to see a 22% increase, all Committee Members agreed that an updated
inventory and insuring of those City assets not previously insured is much better for the City overall.
7. AFSCME CLASSIFICATION SALARY INCREASE (INFORMATION ONLY)
Labor Relations Manager, Teri Smith, addressed the Committee regarding the increase in classifications
of the Combination Building Inspector one salary grade, to AF 34, and Assistant Building Official
(Supervisor of Combination Building Inspectors) one salary grade, to AF 40, effective January 1, 2012.
These were agreed to address in labor agreements signed in 2011.
Ms. Smith mentioned that in 2007, the City Council passed Resolution No. 1775 which relates to
comparative salary surveys for non-represented employees. In the spirit of that resolution and for
transparency, she wanted to advise the Council of an increase to 6 represented (AFSCME) employees
within 2 classifications. Budget impact for the reclassifications is $11,830 (estimate).
Operations Committee Members thanked Ms. Smith for the update.
Operations Committee Minutes
July 3, 2012
Page: 3
S. ACCEPTANCE OF KING COUNTY SHERIFF'S OFFICE COST REIMBURSEMENT
AGREEMENT. (APPROVE)
Chief Thomas requested this item be added to the July 3, 2012 Operations Committee Agenda. As he
explained, the reason for the importance of the Committee's approval and forwarding of this agreement
to the City Council Meeting of July 3, 2012, is that the City received this agreement today, an agreement
that would be used to send offender contact teams into the field and make personal contact with every
sex offender living in Kent. This agreement period started July 1, 2012 and will end June 30, 2013.
Chief Thomas explained that the grant in the amount of $68,295.91 will ensure that all 324 registered
sex offenders, Level I, II, and III, living in Kent will have face-to-face contact with law enforcement
officers. Level I offenders will be visited once every twelve months, Level II offenders will be visited
once every six months, and Level III offenders will be visited once every three months.
Since the Public Safety Committee will not meet until August, Chief Thomas requested the Operations
Committee move acceptance of this agreement from the King County Sheriff's Office to the City Council
Meeting of July 3, 2012.
Moved by D. Higgins, seconded by J. Perry to recommend that Council authorize the Kent
Police Department to accept the King County Sheriff's Office grant in an amount not to exceed
$68,295.91, and authorize the Mayor to sign the agreement and establish the budget. Motion
passed 3-0.
9. FINANCIAL SUMMARY REPORT FOR MAY 31, 2012 (INFORMATION ONLY)
Based on information available through May, the ending General Fund balance has decreased $10,000
from the previous month, down to $560,000 due largely to a decline in sales tax during May. Mr.
Nachlinger hopes that this is only a one month decline. Mr. Nachlinger is concerned about sales tax. He
noted that this would be mitigated by good news that the one-time revenues for the sale of the state
liquor stores is up $30 million - half goes to local governments split on per capita basis and Kent would
receive $445,000 in additional one time revenue. That would make up for the $300,000 decline for
liquor excise tax and mitigates the decline in sales tax.
Mr. Nachlinger stated that SST in the last two quarters the City will see 3.4% reduction, or a total of
$170,000 for one year; total reduction for balance of this year is $85,000.
When inquiry was made as to what Administration is preparing for these rising or declining revenues, Mr.
Hodgson explained that Administration will leave many open positions unfilled. Administration
anticipated savings of $300,000 to cover this decline, but while the trend of permit fees are up 39%,
Administration has budged and increase of 2%. Sales tax will be closely monitored and the budget
adjusted accordingly as revenues or declining revenues are realized. As promised, Administration will
report to the City Council each month with updated financial information and adjustments will be made
to accommodate rising or falling revenues.
In response to inquiry from L. Thomas, Mr. Nachlinger stated that sales tax revenue from Kent Station is
approximately 1.5% of the City's total sales tax revenues.
With utility tax reportedly down every single month, J. Perry requested that Council look at these figures
and/or trends at a future meeting.
Operations Committee Members thanked Mr. Nachlinger for the finance update.
Operations Committee Minutes
July 3, 2012
Page: 4
The meeting was adjourned at 4:55 p.m. by L. Thomas.
Patrick Briggs
Operations Committee Secretary
Meeting Minutes
and Human Services M
KENT June 21, 2012
Call to order: Chair Debbie Ranniger called the meeting to order at: 5:04 p.m.
Council Present: Chair Debbie Ranniger, Elizabeth Albertson, Dana Ralph
Item No. 1: Minutes of May 17, 2012
Albertson moved to approve the Parks and Human Services meeting
minutes dated May 17, 2012. Ralph seconded. The motion passed 3-0.
Item No. 2: King Conservation District Grant Agreement for
EarthCorps Services - Approve
Hope Gibson, Manager of Parks Planning and Development explained that Victoria
Andrews applied for and received a "King County Wild Places in City Spaces" grant
of $6,650.00 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. The contract with
EarthCorps is fully executed, the project will begin.
Ralph moved to recommend Council accept the $6,650.00 in grant funds
from King Conservation District to contract with EarthCorps for services at
Earthworks Park and approve the expenditure of funds in the General Fund
Budget. Albertson seconded. The motion passed 3-0.
Item No. 3: BeraerABAM Agreement Amendment for Lake Fenwick
Proiect - Authorize
Hope reported that 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. Once funding becomes available the project will begin.
Page 1
Albertson moved to recommend Council authorize the Mayor to sign
Amendment Number Nine with BergerABAM 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. Ralph
seconded. The motion passed 3-0.
Item No. 4: Sports Install West Agreement for Wilson Plavfield
Proiect - Authorize
Garin Lee, Superintendent of Park Operations stated that this contract will address
projects at Wilson Playfields including: repair areas of settling in the perimeter
track, replace the synthetic turf worn from use, located at the north field soccer
goal and south field pitching area, and replace the infield soil home plate area in
the north field with synthetic turf. This is a series of ongoing maintenance until the
entire turf can be replaced. Garin confirmed that results from the safety testing
report recorded the fields show below the safety threshold and need to be replaced.
Ralph moved to recommend Council 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. Albertson
seconded. The motion passed 3-0.
Item No. 5: Human Services Funding Strateav - INFO ONLY
Ranniger explained that funding for human services has been negatively impacted
by the creation of the RFA, annexation, and the economy. Merina Hanson, Senior
Coordinator in the Housing and Human Services division reported that Council was
very generous to give human services a one-time budget adjustment last year of
$95,000 to keep services at the same funding level as the prior year, and that the
Commission completed their promise to research other funding strategies to find a
sustainable funding source.
Oriana Pon, Chair of the Human Services Commission, explained that the
Commission discussed multiple funding strategies and settled upon a per capita
approach with a CPI escalator as the best option to consistently fund human
services. Merina referenced funding trends over a ten year period, noting that in
2009 and 2010 the city was at $9.30 per capita but, based on baseline budget
projections for 2013, the amount will be $6.08. The Commission proposes at $7.22
per capita funding rate in 2013, with a CPI escalator increase every funding cycle
beginning in 2015. The CPI will not exceed 3% or drop below 1% and will be
applied against the former years per capita rate. Using a per capita funding model
is prudent and eliminates the significant swings in funding levels caused by the
economy. Ranniger wanted to explain that per capita means per person and that
these funds come from the general fund.
Ralph supports the human services ordinance and relates the same properties to
the Arts Commission funding ordinance, except for the addition of a CPI escalator.
Page 2
Ranniger calculated that in 2013, the amount dedicated to human services would
be $853,000. Albertson reminded everyone that this number may look big, but that
Kent's population has increased and the proposed per capita rate is actually a
decrease compared to the past few years. She added that with all the hits human
services has taken with Federal and State funding reductions, she would like to see
a larger amount dedicated to these services. Ralph supports the proposed
adjustment and, without having the entire budget picture, doesn't feel comfortable
increasing the amount at this time. Katherin Johnson, Manager of Housing and
Human Services stated that this proposal represents a reasonable amount to
support human services. The ordinance will go to Operations as an informational
item and then to Council during the budget hearings for adoption.
The meeting adjourned at 5:28 p.m.
Submitted by,
re�-i PeCaole
Teri Petrole
Council Committee Secretary
Page 3
PUBLIC WORKS COMMITTEE
Minutes of Monday, June 18, 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 4:05 p.m.
Item 1 — Approval of Meeting Minutes Dated June 4, 2012:
Higgins MOVED to approve the minutes of June 4, 2012. The motion was SECONDED by
Ralph and PASSED 3-0.
Item 2 — Information Only/Port of Seattle Regional Freight Issues:
Seattle Port Commissioner, John Creighton presented an informative PowerPoint presentation and a
brief video about the Port of Seattle and where they are headed.
Information Only/No Motion Required
Item 3 —King County Flood Control District Subregional Opportunity Fund
Environmental Engineering Manager, Mike Mactutis stated that 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 is $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. 231s' Way
Levee Project. The amount over those two years is $253,121.
Higgins asked that a list of levee projects be put together and shared periodically with the
committee on each reach of the levee and how much has been spent to date; what the funding
source is and what is remaining. LaPorte briefly went over the information and stated a list would
be presented at a later date.
Ralph MOVED to recommend Council authorize the Mayor to accept $329,417 for the
Horseshoe Bend Levee Project and in $253,121 for the State Route 516 to S. 231S` Way
Levee Project from the King County Flood Control District Subregional Opportunity Fund.
The motion was SECONDED by Higgins and passed 3-0.
Item 4 — Bridge Inspection Agreement/Washington State Department of Transportation:
Street Superintendent, Bill Thomas gave a brief PowerPoint presentation outlining the City's bridge
inspection program, showing each of the City bridges. He noted that inspections are mandated by
Washington State Department of Transportation (WSDOT) and Federal Highway Administration
(FHWA) to assure the safety of our bridges.
Washington State has funded portions of the bridge inspection programs for local jurisdictions in the
past, but due to budget limitations, funds have been eliminated.
This agreement is to have WSDOT Bridge Inspectors perform underwater bridge inspections and
prepare reports for the two bridges the City owns over the Soos Creek that require underwater
inspection. These reports would be completed every three years starting this year and submitted
with our bridge files to WSDOT and FHWA.
PUBLIC WORKS COMMITTEE
Minutes of Monday, June 18, 2012
Higgins MOVED to recommend Council authorize the Mayor to sign a 10 Year Bridge
Inspection Agreement between the City of Kent and the Washington State Department of
Transportation for $22,277, 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 5 —Goods and Services Agreement/Cummins Northwest LLC — Two Generators:
Interim Water Superintendent Kevin Swinford presented an informative PowerPoint presentation.
He explained the need for two generators to replace existing generators that supply emergency
power for Supervisory Control and Data Acquisition (SCADA) radio repeater sites. The existing
generators are old and have become unreliable. The radio repeaters pick up radio signals from
remote equipment and send the information back to the main Control Center.
Repeater sites are located on water tanks, pump stations and treatment equipment on the East and
West hills and are needed to transmit and receive critical operational information for 45 remote
water, sewer and storm stations. Swinford noted that the installation of the generators would be
done in-house. The generators are critical during power outages, as 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. Replacement life is expected to be 20-25 years. The old
generators will be surplused.
Ralph MOVED to recommend Council authorize the Mayor to sign a Goods and Services
Agreement with Cummins Northwest, LLC to purchase two (2) diesel 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. The motion was SECONDED by Higgins
and passed 3-0.
Item 6 — Consultant Contract/Jason Engineering & Consulting Business, Inc. — Materials
Testing & Inspection Boeing Levee:
Construction Manager Paul Kuehne stated that there is a need for professional Engineering services
for materials analysis which require a laboratory with certified testing equipment, which the City
does not own.
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 steel sheet piles beneath a
concrete flood wall. Additional work involves levee backfill material, new asphalt and concrete
paving, pedestrian walkways, hand-railings, irrigation, electrical systems and new plantings. This
work requires material testing. There is not a more cost-effective option than to have an outside
laboratory perform these duties. City staff will perform all other inspection services that do not
require specialized laboratory equipment or expertise.
Higgins MOVED to recommend Council authorize the Mayor to sign a 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. The motion was SECONDED by Ralph and passed 3-0.
Item 7 - Cooperative Agreement with the King County Flood Control District for
Completion of Emergency Flood Protection Measures:
PUBLIC WORKS COMMITTEE
Minutes of Monday, June 18, 2012
Environmental Conservation Supervisor, Kelly Peterson, noted that item 7, the Cooperative
Agreement with King County Flood Control District and item 8, Green River Levee Flood Protection
Giant Sandbag Removal Contract Pre-Approval will be heard together with separate motions being
read. Peterson noted that in 2009, the United States Army Corps of Engineers (Corps) announced
that the Howard Hanson Dam had diminished capacity due to sidewall seepage. As a result, the
Corps may have released excess water into the Green River that would have caused flooding within
the City. The City of Kent, along with other Green River Valley cities, installed flood control devices
(giant sandbags) on top of levees adjacent to the Green River to protect the City against potential
flooding. In September 2011, the Corps announced that Howard Hanson Dam repairs had been
completed and the capacity of the Dam had been restored to its pre-damaged state. This allows for
the removal of the giant sandbags from levees and recreational trails in Kent. Peterson further
noted that they hope to have an agreement with the Flood Control District completed by June 29.
The King Flood Control District has approved paying for 75% of the estimated $1,600,986 to
remove the bags, subject to an approved agreement between the City and the King County Flood
Control District. The remaining 25%, $400,246, would be funded by the stormwater utility, or
through the District's "Opportunity Fund" in the form of a loan. The loan would be repaid by
foregoing Kent's annual share of the District's Opportunity Fund, which is typically used for drainage
projects. If the "Opportunity Fund" is used a 1% charge for interest would be levied against any
outstanding balance.
Ralph MOVED to recommend Council authorize the Mayor to sign the Cooperative
Agreement for Completion of Emergency Flood Protection Measures, 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 8 — Green River Levee Flood Protection Giant Sandbag Removal Contract Pre-
Approval:
See item 7 for explanation.
Higgins MOVED to recommend Council authorize the Mayor to execute a contract up to a
maximum of $1,600,986 to remove flood protection measures related to the Howard
Hanson Dam repairs, subject to final terms and conditions acceptable to the City Attorney
and the Public Works Director. The motion was SECONDED by Ralph and passed 3-0.
Added Item - South Central Avenue Forcemain Change Order:
Public Works Director, Tim LaPorte gave a brief PowerPoint presentation noting that the purpose of
the South Central Avenue Forcemain project is to alleviate flooding along James Street at Mill Creek
and that Phase 1 is currently under construction. Phase 2 will connect Phase 1 to the upgraded
James Street Storm water pump station, which is Phase 3, of this multi-phase project.
LaPorte further stated that the alignment of Phase 2 traverses the Kent School District's Mill Creek
Middle School and that construction during the dry summer months while children are not in school
would minimize impacts to the school, the creek and the environment. Therefore, we are proposing
a change order to Phase 1 of this project to install the forcemain near the school this summer. The
work is included in the overall project budget and will be paid through the stormwater utility.
Ralph MOVED to recommend Council authorize the Mayor to sign a Change Order in an
PUBLIC WORKS COMMITTEE
Minutes of Monday, June 18, 2012
amount not to exceed $337,000.00 for the Central Avenue South Storm Water Forcemain
Phase 1 Project, subject to legal review and approval of final terms and conditions
acceptable to the City Attorney and Public Works Director. The motion was SECONDED by
Higgins and passed 3-0.
Added Item - Local Improvement District (LID) 363:
Public Works Director, Tim LaPorte noted that this is a housekeeping item. This LID was formed to
help pay for the S. 2241h Street Extension project, linking East Valley Highway with 1081h Ave SE
(Benson Road). He stated that the hearing for LID 363 was originally set for May 14, 2012. Due to
the need for more information the hearing was cancelled and moved to an undetermined, future
date. LaPorte proposed to move forward with the Final Assessment Roll Hearing and noted that City
Council Chambers has been reserved for July 25, 2012 and that Chambers was also reserved for
July 26 in the even the hearing is continued.
Higgins MOVED to confirm the cancellation of the LID 363 Final Assessment Roll Hearing
and to set the hearing for July 25, 2012, at 1:30 p.m. in the Kent City Council Chambers.
The motion was SECONDED by Ralph and passed 3-0.
Item 9 - Grant Status:
Public Works Director, Tim LaPorte, Senior Transportation Planner Cathy Mooney and Design
Engineering Manager, Mark Howlett gave a brief overview of a number of grants that the City was
awarded:
1. Kent Regional Trails Connector - The city was awarded $1,125,368 for this project. These
funds will be used to connect the Green River Trail with the Interurban Trail at 2181h Street.
The project includes a 12 foot wide multi use trail with lighting. The hope is that it will
encourage more commuters and recreational users to utilize the trail. This item was one of
the highest priority projects on the 6 year TIP.
2. SE 2281h Street Union Pacific Grade Separation - $3 million was recently awarded from the
federal government. This money will be added to $3.25 million from the Freight Mobility
Strategic Improvement Board and $2.1 million from the Port and Railroad. This item was
kept on the 6 year TIP at Council's request.
3. Central Avenue - Federal Preservation $300,000 to help with the overall cost. This money
will help us get our design phase done. Howlett noted that the original request was for $1.5
million.
4. Citywide Traffic Control System - $400,000 from the State of Washington (no match
required) to update our traffic control system. The update will enable us to use flashing
yellow arrows on 14 left turn intersections.
5. SE 2081h Street/1081h Avenue SE Intersection - $700,000 (no match required to add a
second southbound left hand turn lane.
No Motion Required/Information Only
The meeting was adjourned at 5:30 p.m.
4k7I vl d
Council Committee Recorder
PUBLIC WORKS COMMITTEE
Minutes of Monday, July 16, 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 4:02 p.m.
Item 1 — Approval of Meeting Minutes Dated June 18, 2012:
Higgins MOVED to approve the minutes of June 18, 2012. The motion was
SECONDED by Ralph and PASSED 3-0.
Item 2 — 2011 Water System Plan:
Brad Lake, Operations Manager presented a PowerPoint presentation of the 2011
Water System Plan, he touched on the following:
• Water System Plan Overview
- Demand
- Supply
- Resources
- Operations and Maintenance
- Capital Projects
- Source Protection
• Water System Plan
- History
- Updates
Ralph MOVED to recommend Council approve the 2011 Water System Plan.
The motion was SECONDED by Higgins and PASSED 3-0.
Item 3 — Acceptance of Highway Safety Improvement Program Grant — Traffic
Signal Control System:
Transportation Engineering Manager, Steve Mullen noted that he will be presenting
items three and four together with separate motions. Mullen stated that 40 Cities
submitted for grants from the Washington State Department of Transportation. City
staff submitted two grants and was successful in receiving $400,000 to replace the
Master Traffic Signal Control system and replace approximately 29 traffic signal
controllers at individual intersections. Mullen stated that the current system was
purchased in 1993 and is outdated. This project is the first phase of the phased
replacement of the traffic signal control system and intersection controllers.
Design of the system will be done this year, once the State approves the plan, work
could start in 2013.
Higgins MOVED to recommend Council authorize the Mayor to execute an
agreement with the Washington State Department of Transportation to accept
a grant in the amount of $400,000 for the Citywide Traffic Control Signal
System Upgrade. The motion was SECONDED by Ralph and PASSED 3-0.
PUBLIC WORKS COMMITTEE
Minutes of Monday, July 16, 2012
Item 4 — Acceptance of Highway Safety Improvement Program Grant for SR
515 (108th Avenue Southeast) and Southeast 208th Street Intersection
Improvements•
Steve Mullen noted that this grant funded project will add a second left turn lane for
southbound to eastbound traffic at the intersection of 108th Avenue SE and SE 208th
Street. Mullen stated that this project is expected to improve safety at this congested
intersection by reducing overall vehicles delay, reducing vehicle queues, and improving
accessibility from driveways near the intersection.
Ralph MOVED to recommend Council authorize the Mayor to execute an
agreement with the Washington State Department of Transportation to
accept a grant in the amount of $700,000 for Intersection Improvements at
SR 515 (108th Avenue SE) and SE 208th Street. The motion was SECONDED by
Higgins and PASSED 3-0.
Item 5 — Contract Amendment/GEI Consultants, Inc. for Analysis &
Certification of the Desimone and Briscoe Levees:
Design Engineering Supervisor, Ken Langholz noted that this project is known as the
Briscoe/Desimone Levee. Staff is requesting authorization to amend the current
contract. Langholz stated that back in February 2012, Council authorized GEI's
contract for $284,883 to complete a Federal Emergency Management Agency (FEMA)
Conditional Letter of Map Revision (CLOMR) for the levee section on the right bank
(easterly side) of the Green River between S. 200th Street and S. 180th Street. .
Higgins MOVED to recommend authorizing the Mayor to sign a Consultant
Services Contract Amendment with GEI Consultants, Inc. to perform
additional analysis and consultation for the Desimone and Briscoe Levees in
an amount not to exceed $59,628 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 6 — Information Only/Survey:
Tim LaPorte introduced Steve Merryman, City Surveyor and Eric Knowles, Land Survey
Supervisor. In turn they introduced the rest of the work group; Stephen Shafer, Toby
Mollett, Terry Johnson, Jason Robertson, Danil Iov and Toby Mollett. Merryman,
Knowles, Robertson, Shafer and Mollett presented a brief PowerPoint presentation
outlining what services the Survey Section provides to internal clients and the general
public.
Information Only/No Motion Required
The meeting was adjourned at 5:03 p.m.
Cheryl Viseth
Council Committee Recorder
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION