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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/02/2012 CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. October 2, 2012 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT October 2, 2012 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Dennis Higgins, President Elizabeth Albertson Bill Boyce Jamie Perry Dana Ralph Deborah Ranniger Les Thomas ********************************************************************** SPECIAL COUNCIL WORKSHOP AGENDA 5.00 p.m. Item Description Speaker Time 1. 2013-2014 Biennial Budget Mayor Cooke 60 minutes 2. Regional Committee Appointments Dennis Higgins 30 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Presentation of Gift from Norway Sister City D. Introduction of Appointee E. Proclamation - Skate America Month F. Swearing In of Police Officers G. Intergovernmental Reports 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. 2013-2014 Biennial Budget - Set Second Hearing Date D. 2013-2018 Capital Improvement Plan (Second Hearing) and Comprehensive Plan Amendments - Set Hearing Date (Continued) COUNCIL MEETING AGENDA CONTINUED E. Kent Comprehensive Plan and Amendments to Kent City Code Section 12.13 re School Impact Fees — Set Hearing Date F. 2012 Property Tax Levy — Set Hearing Date G. Arts Commission Appointment — Approve H. Economic Development Corporation Dissolution Ordinance — Adopt I. Consolidated Budget Adjustment Ordinance — Adopt J. Washington State Arts Commission Grant — Approve K. Centennial Building Boiler Purchase Agreement — Authorize L. Yamaha Golf Cart Lease Agreement — Authorize M. Guiberson Reservoir Replacement — Consultant Services Agreement with Gray & Osborne — Authorize N. Property Acquisition Negotiations, SE 256th, Consultant Services Agreement with Tierra Right of Way Services LTD — Authorize O. Property Acquisition Negotiations, SE 256th, Consultant Services Agreement with Certified Land Services Corporation — Authorize P. Lower Russell Road Levee, Consultant Services Agreement with AMEC — Authorize Q. 2011 Miscellaneous Sewer Improvements — Accept as Complete R. Garrison Reach II Bill of Sale — Accept S. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Labor Negotiations 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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L N FLU U +' W W '� UZW >- C , u , - Vl v O a� 6 a K in V m Q V > 4 a QF � m0 Q mU �, l_ ti COUNCIL WORKSHOP 1) 2013-2014 Biennial Budget 2) Regional Committee Appointments CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Presentation of Gift from Norway Sister City D) Introduction of Appointee E) Proclamation - Skate America Month F) Swearing In of Police Officers G) Intergovernmental Reports PROCLAMATION WHEREAS, 2012 Hilton HHonors Skate America has chosen Kent to be the Host City for its international 'skating event October 19 —21; and WHEREAS, Skate America will feature three days of competition with 52 world- class figure skaters in ladies, men's, pairs and ice dancing; and WHEREAS, attending will be the four reigning US Champions plus the biggest names from around the world including: Ashley Wagner, Jeremy Abbott, Caydee Denney and John Coughlin, and Meryl Davis and Charlie White; and WHEREAS, the event will welcome approximately 70 TV, print and radio journalists from around the world; and WHEREAS, Skate America is returning to Washington for the third time, so it is expected that Washington fans will come out to show support once again; and NOW, THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, Washington, do hereby declare October, 2012 as "Skate America Monthly In the City of Kent and encourage residents to take part in the celebration of the fans and the athletes that will come to Kent to compete! IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Kent to be affixed this 2"d day of October, 2012. S lzette ooke b � i • KENT WASHINGTON 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 R. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of September 18, 2012. 7B. Approval of Bills. Approval of payment of the bills received through August 31 and paid on August 31 after auditing by the Operations Committee on September 18, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 8/31/12 Wire Transfers 5180-5195 $1,664,691.35 8/31/12 Regular Checks 666220-666730 3,523,019.58 Void Checks 666613/666700 (542.24) 8/31/12 Use Tax Payable 2,920.50 $5,190,089.19 Approval of checks issued for payroll for August 16 through August 31 and paid on September 5, 2012: Date Check Numbers Amount 9/5/12 Checks 328944-329126 $ 127,111.09 9/5/12 Advices 303193-303834 1,221,347.18 $1,348,458.27 Approval of checks issued for payroll for July 16 through July 31 and paid on August 3, 2012: Date Check Numbers Amount 8/3/12 Checks 328605-328775 $ 156,360.71 8/3/12 Advices 301-301243 1,211,516.36 $1,367,877.07 y RCN i Kent City Council Meeting Was„ „ ,., September 18, 2012 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Higgins, Perry, Ralph, Ranniger, and Thomas. Council member Boyce was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) The Council President added Consent Calendar Item K. B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Public Recoanition. (CFN-198) No public recognition was given. B. Community Events. (CFN-198) Higgins encouraged people to go to the website to view upcoming events at the ShoWare Center. C. Kent School District Award Presentation. (CFN-155) Dr. Vargas presented the Kent Police Department with an award for outstanding community leadership and service to the education of young people, on behalf of the Washington Association of School Administrators and Educational Services District 121, for working with the school district to develop a school safety services model. D. Proclamation - National Public Lands Days at Park Orchard Park. (CFN-155) Mayor Cooke declared September 29, 2012, as National Public Lands Days at Park Orchard Park, and Parks Director Watling invited residents to participate in the work day. E. Proclamation - Mayor's Day of Concern for the Hunaev. (CFN-155) Mayor Cooke proclaimed September 22, 2012, as Mayor's Day of Concern for the Hungry. Wendi Gall of the Emergency Feeding Program Board of Directors accepted the proclamation, explained the program, and thanked the city for their support. F. Proclamation - National Recovery Month. (CFN-155) Mayor Cooke proclaimed the month of September as National Recovery Month, and introduced Jackie Berganio who explained that behavioral health is an essential part of health and wellness and that recovery is possible. She thanked the mayor for promoting National Recovery Month. G. Proclamation - Kent Crop Hunaer Walk - Dine Out Day. (CFN-155) Mayor Cooke read a proclamation explaining Kent Crop Hunger Walk - Dine out Day, and declaring October 2, 2012, Kent Crop Hunger Walk "Dine Out Day". Evelyn Raymond gave the history of the event and encouraged residents to participate and dine out at the restaurants who are contributing a portion of their profits. 1 Kent City Council Minutes September 18, 2012 H. Public Safety Report. (CFN-122) Police Chief Thomas updated crime statistics, and reported on National Night Out, Prescription Drug Take Back Day, Valley Gang Unit award, Automated Fingerprint Identification System, new recruits, and an upcoming Community Meeting. I. Intergovernmental Reports. (CFN-198) Council members reported on issues discussed at the regional committees on which they serve. It was noted that city staff will begin working on the 2013 legislative agenda. PUBLIC HEARINGS A. 2013-2014 Biennial Budaet (First Public Hearina). (CFN-186) This date has been set for the first public hearing on the 2013-2014 biennial budget. Finance Director Nachlinger noted that this is the City's first biennial budget, and explained the budget process. He pointed out that there is no proposed budget at this time, and gave a brief presentation of the current budget in order to solicit comments on priorities from residents. Mayor Cooke opened the public hearing. Tim Clark, 26121 Woodland Way South, Kent, encouraged the Council to continue the 1% for human services, and asked what the bond issue for parks and streets would be used for. Council members Ranniger and Albertson outlined the projects, and emphasized that the funds are not for new projects, but for maintaining and renovating existing investments. There were no further comments from the audience and Higgins moved to close the public hearing. Ralph seconded and the motion carried. Perry encouraged residents to provide input at any time. B. 2013-2018 Capital Improvement Plan (First Public Hearing). (CFN-775) This date has been set for the first public hearing on the 2013-2018 Capital Improvement Plan. Finance Director Nachlinger explained the process, and noted that the purpose of this hearing is to receive public input as to what priorities and projects should be undertaken. He outlined the 2012 Capital Budget as an example. Mayor Cooke opened the public hearing. There were no comments from the audience and Higgins moved to close the public hearing. Thomas seconded and the motion carried. PUBLIC COMMENT No comments were made by the public. CONSENT CALENDAR Higgins moved to approve Consent Calendar Items A through K. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of September 4, 2012, were approved. B. Approval of Bills. (CFN-104) Bills were not available for approval. 2 Kent City Council Minutes September 18, 2012 C. Cintas Corporation Linen and Uniform Services Aareement. (CFN-318) The Mayor was authorized to enter into an agreement with Cintas Corporation for the rental and laundering of uniforms and linens in an amount not to exceed $156,583, subject to final terms and conditions acceptable to the Finance Director and City Attorney. D. Washington Traffic Safety Commission Grant. (CFN-122) The Mayor was authorized to accept the Washington Traffic Safety Commission Target Zero Teams grant in an amount not to exceed $24,240, to sign the Memorandum of Understand- ing, and establish the budget and expenditure of funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. E. Interlocal Aareement with Chelan County for Jail Services. (CFN-122) The Mayor was authorized to enter into an amendment to the interlocal agreement with Chelan County for the Housing of City of Kent Inmates with terms and conditions acceptable to the City Attorney. F. 2012 Emergency Management Performance Grant. (CFN-122) The Mayor was authorized to accept the Emergency Management Performance Grant from the Washington State Military Department and the Department of Homeland Security, to sign all required documents, and to expend the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. G. DUI Cost Recovery Ordinance Amending Kent City Code 9.36. (CFN-171) Ordinance No. 4047 adding a new section 9.36.120 to the Kent City Code entitled, "Emergency Response Caused by Person's Intoxication - Recovery of Costs From Convicted Person," was adopted. H. Public Works Trust Fund Loan. (CFN-1065) The Mayor was authorized to sign an agreement with the Washington State Public Works Board for a $2-million Public Works Trust Fund Loan to help finance the Tacoma Regional Water Supply System filtration plant, subject to approval of final terms and conditions by the City Attorney and Public Works Director. I. Schmaltz Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Schmaltz Short Plat project, permit 2072527, for 30 linear feet of biofiltration swale, and 37 linear feet of storm sewerline was accepted. J. Eastmont Bill of Sale. (CFN-484) The Bill of Sale for the Eastmont aka Singh One project, permit 2065164, for 6 gate valves, 3 hydrants, and 1,282 linear feet of waterline, 8 sewer manholes, and 1,529 linear feet of sanitary sewerline, 1,246 linear feet of new street, 320 linear feet of frontage improvements, 2 storm sewer manholes, 20 catch basins, 38,134 cubic feet of detention pond storage, and 1,510 linear feet of storm sewerline was accepted. 3 Kent City Council Minutes September 18, 2012 ADDED ITEM K. Excused Absence. (CFN-198) An excused absence for Councilmember Boyce, who was unable to attend the September 18, 2012, meeting, was approved. REPORTS A. Council President. (CFN-198) Higgins reported that at the workshop held earlier today, an extensive discussion on the Briscoe Desimone levee was held, and that Council will pursue further talks with the King County Flood Control District regarding the issue. B. Mayor. (CFN-198) Mayor Cooke reported on weight limit changes for the Alvord T Bridge, transportation funding, and various events she has recently attended. C. Administration. (CFN-198) Hodgson reported that the 2013-2014 biennial budget will be the subject of the October 2nd workshop, and that further budget meetings are being set up. D. Economic & Community Development Committee. (CFN-198) Perry reported that the committee did not meet in September. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) Ranniger said the next meeting will be at 5:00 p.m. on September 20, and announced a Parks Foundation fund raiser on October 20. G. Public Safety Committee. (CFN-198) No report was given. H. Public Works Committee. (CFN-198) Albertson reported that at their most recent meeting, the committee discussed a recent fatality at S.E. 223rd and that staff will look into the suggestions which were made regarding traffic safety in the area. She also reported that the Department of Transportation has asked for input on the SR 167 hot lanes project, and that she has signed a letter encouraging continuation of the project and the completion of SR 167. ADJOURNMENT The meeting adjourned at 8:22 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 4 V KENT Kent City Council Workshop September 18, 2012 Council Members Present: Albertson, Higgins, Perry, Ralph, Ranniger, and Thomas. The meeting was called to order at 5:35 p.m. by Council President Higgins. Green River Levees Update. Mark Howlett reported on levee repairs and certification, explaining each of the following levees: Horseshoe Bend, Hawley Road, SR 516 to 231st Way, Russell Road Lower/Lowest, Boeing, and Briscoe/Desimone. Mike Mactutis gave an update on the following environmental restoration projects: Riverview Park Ecosystem, Leber Property, Downey Farmstead, and Boeing Levee. Tim LaPorte summarized issues on the Briscoe/Desimone Levee. A lengthy discussion among the Council members, Mayor, and staff was then held. The meeting adjourned at 6:28 p.m. Brenda Jacober, CIVIC City Clerk w," Agenda Item: Consent Calendar - 7C TO: City Council DATE: October 2, 2012 SUBJECT: 2013-2014 Biennial Budget - Set Second Hearing Date MOTION: Set October 16, 2012, for the second public hearing on the 2013- 2014 Biennial Budget at the regular City Council meeting. SUMMARY: Set hearing date. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: None w," Agenda Item: Consent Calendar - 7D TO: City Council DATE: October 2, 2012 SUBJECT: 2013-2018 Capital Improvement Plan (Second Hearing) and Comprehensive Plan Amendments - Set Hearing Date MOTION: Set October 16, 2012, for the second public hearing on 2013- 2018 Capital Improvement Plan and Comprehensive Plan Amendments at the regular City Council meeting. SUMMARY: Set hearing date. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: None KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: October 2, 2012 SUBJECT: Kent Comprehensive Plan and Amendments to Kent City Code Section 12.13 re School Impact Fees - Set Hearing Date MOTION: Set October 16, 2012, as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to incorporate the updated Capital Facilities Plans of the Auburn, Kent and Federal Way School Districts, the new Capital Facilities Plan of the Highline School District, the City's 2013-2018 Capital Improvement Plan, and changes to adopted school impact fees. SUMMARY: Kent City Code authorizes school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their new or updated capital facilities plans. The City Council holds the public hearing on the school district plans at the same time as the public hearing for the budget, i.e., October 16, 2012. The Auburn, Kent and Federal Way School Districts have submitted updated Capital Facilities Plans for Council review and consideration. For the first time, the Highline School District has submitted a Capital Facilities Plan for Council review and considera- tion, and an interlocal agreement between the City and the School District also will be presented for Council consideration. The City of Kent 6-year Capital Improvement Program being considered on the same date also will update the Capital Facilities Element of the Comprehensive Plan. EXHIBITS: Staff memo dated 10/2/2012 RECOMMENDED BY: Staff BUDGET IMPACTS: None ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director • PLANNING SERVICES KENT Fred N. Satterstrom, AICP, Director W^5 H I N GTO N Charlene Anderson, AICP, Manager Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 October 2, 2012 To: Mayor Suzette Cooke, Council President Dennis Higgins and City Council Members From: Charlene Anderson, AICP, Planning Manager Subject: Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 School Impact Fees — Set Hearing Date MOTION: Set October 16, 2012 as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to incorporate updated Capital Facilities Plans of the Auburn, Kent and Federal Way School Districts, a new Capital Facilities Plan of the Highline School District, the City's 2013-2018 Capital Improvement Plan, and changes to adopted school impact fees. SUMMARY: Kent City Code authorizes school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facilities plans. The City Council holds the public hearing on the school district plans at the same time as the public hearing for the budget, i.e., October 16, 2012. The Auburn, Kent and Federal Way School Districts have submitted updated Capital Facilities Plans for Council review and consideration. For the first time, the Highline School District has submitted a Capital Facilities Plan for Council review and consideration, and an interlocal agreement between the City and the School District also will be presented for Council consideration. The City of Kent 6-year Capital Improvement Program being considered on the same date also will update the Capital Facilities Element of the Comprehensive Plan. BUDGET IMPACT: None BACKGROUND: One of the planning goals under the Growth Management Act (RCW 36.70A.020) is to ensure that those public facilities and services necessary to support development are adequate and timely to serve the development without decreasing current service levels below minimum standards. The Act (RCW 36.70A.070) also requires the Capital Facilities Element of the Kent Comprehensive Plan to inventory existing capital facilities, forecast future needs and provide for financing of those facilities. RCW 82.02.050 authorizes cities planning under the Growth Management Act to impose impact fees on development activity as part of the financing for public facilities needed to serve new growth and development. As a result, KCC 12.13.080 authorizes school impact fees on behalf of any school district which provides to the City a capital facilities plan; the plan is adopted by reference as part of the Capital Facilities Element of the Kent Comprehensive Plan. The school districts are required to submit for annual Council review their updated capital facility plans (KCC 12.13.060 & 070). The Auburn, Kent and Federal Way School Districts propose amendment of the Kent Comprehensive Plan and Kent City Code Chapter 12.13 to reflect changes to impact fees resulting from new student population generated by new single family and multifamily residential development. The Highline School District proposes similar amendments to reflect newly-created impact fees resulting from new student population. The plans include an inventory of existing facilities, existing facility needs, expected future facility requirements, and expected funding. The Kent School District proposes to maintain their existing school impact fees for single family units of $5,486 and for multifamily units of $3,378. The Federal Way School District proposes to maintain their existing school impact fees for single family units of $4,014 and increase their fees for multifamily units from $1,253 to $1,381 (an increase of $128 or 10.2%). The Auburn School District proposes to decrease their existing school impact fees for single family units from $5,557.30 to $5,511.69 (a decrease of $45.61 or 0.8%) and increase their fees for multifamily units from $2,305.22 to $3,380.26 (an increase of $1,075.04 or 46.6%). The only area in Kent where Auburn School District's impact fees are applied is the Verdana or Bridges PUD on the former impoundment reservoir site. The Highline School District proposes school impact fees of $7,912 for single family units and $3,101 for multifamily units. The Highline School District covers the northern section of the Midway Study Area. CA\pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2012\CPA-2012-2 Schl Discs CFPs\City_Council\CPA-2012_2_capfacilities_oet_Hrg10-02-2012.doc cc: Ben Wolters, Economic &Community Development Director Fred N. Satterstrom,AICP, Planning Director Charlene Anderson,AICP, Planning Manager Parties of Record Project Files CPA-2012-2/KD/A#2122901 10/02/12 City Council Meeting Page 2 of 2 w," Agenda Item: Consent Calendar - 7F TO: City Council DATE: October 2, 2012 SUBJECT: 2012 Property Tax Levy for 2013-2014 Biennial Budget - Set Hearing Date MOTION: Set October 16, 2012, as the public hearing date on the 2012 Tax Levy for the 2013-2014 biennial budget at the regular City Council meeting. SUMMARY: Set hearing date. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: None KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: October 2, 2012 SUBJECT: Arts Commission Appointment — Approve MOTION: Confirm the Mayor's appointment of Dan Cox to the Kent Arts Commission for a four year term, filling a vacancy on the Commission. Mr. Cox's term will expire on October 31, 2015. SUMMARY: Confirm the appointment of Dan Cox to Kent Arts Commission for a four year term ending October 31, 2015. Dan is a firm believer that the arts inspire people to embrace the full range of human experience and connect us all more deeply to ourselves and to each other. The arts are powerful and enable us to recognize the value of people and their communities; Dan has spent most of his adult years giving back to the communities in which he lives, in one form or another. Now that he has chosen to reside in Kent, he believes his experience in producing arts events, managing performing arts centers and performing on stage will enable him to enhance the activities and decisions of the Kent Arts Commission. EXHIBITS: Resume RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None Dan Cox 20219 9VI Place S.,Kent,WA 98031-1487 206-769-5330 danrcoxCmgmail.com Summary of Organizational management skills Qualifications . Currently Board member of Diverse Harmony,the Nation's first Gay-Straight Alliance Youth Chorus • Former Board member of Flying House Productions,Seattle • Former Board member of Freehold Thcatre,Seattle • Served as volunteer front desk receptionist at Lifelong AIDS Alliance,Seattle • Served as Chairman of the Board of Directors for the Butler County,Pennsylvana 'tourism and Convention Bureau,helped develop policies and procedures,coordinated development of website,served on Executive Committee. • Served on the Interim Board of the Butler County Tourism and Convention Bureau, drafting the organizational documents and policies that created the Bureau. • Served as Chairman of the Center Township,Pennsylvania Board of Supervisors,with an annual budget of$1,65 million. • Served on the Advisory Board to the Butler County Association of Township Officials. • Served as Executive Director of Butler County Arts Council: o Supervised annual fund and membership drive for Butler:\its Council, securing donations and membership for the first time in the Council's 35 year history. o Secured financing for purchase of properties for eventual development into a cultural district. o Organized fund raising activities in 2004/2005 resulting nn 350,000 additional income for the Cmuncil. • Served as President of Musical Theatre Guild of Butler,Pennsylvania,coordinating an '11- member board of directors in managing an annual budget of 17.5,000 and four community musical productions. • Served on the Board of the Midwestern Arts&Humanities Foundation,Grove City,PA. • Served on the Board of the Golden Tornado Scholastic Foundation,Butler,PA. • Served on the Citizen's Site Selection Committee for the Butler County,Pennsylvania Prison. Communication/marketing skills • Worked with local businesses and civic organizations to gain support for"Ring In The Arts", a"First Night"-style New Year's Eve celebration in Butler,PA. • Developed brochure to attract and retain Buder Arts Council members and sponsors. Instructional skills • Taught business and computer classes at Butler area Senior High School for 30 years. • Taught non-credit business and computer classes at Butler County Community College. Related skills • Extensive experience using and teaching Microsoft Office,including Word,Excel,Access, Outlook,Publisher,and FrontPage. • Experienced at greeting visitors and operating a complex,digital phone system. • Designed&executed stage lighting and sets for school&community theatres in Butler, PA for 40 years. • Served as House Manager for the Butler Area High School theatre department for 26 years. Experience Sales Associate,Macy's Dovmtown Seattle (20007—January 2012) Member,Seattle Men's Chorus (2007—Presew) Volunteer,Lifelong AIDS Alliance (2007—Present) Board Secretary,Diverse Harmony Youth Chorus (2011—Preaenl) Board Treasurer,Freehold Theatre,Seal lie (2007—2009) Board Secretary,Freehold Theatre,Seattle (2009—March 2012) Township Supervisor,Center Township (2002-200.5) President& Executive Director,Butler Arts Council (2001-2007) President,Musical Theatre Guild (2003-2007) Board Member,Butler Counry'Ibmism&Convention Bureau (2002-2007) Professional Educator,Butler Area School District (1971-2001) Personnel Management Supervisor, U.S. Army (1964-1966) Education Clarion University,Communications (1972-1973) Indiana University of Pennsylvania,Business Education (1969-1971) University of Cincinnati,Civil Engineering&Industrial Management(1958-1967) References available upon request. KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: October 2, 2012 SUBJECT: Economic Development Corporation Dissolution Ordinance - Adopt MOTION: Adopt Ordinance No. dissolving the Kent Economic Development Corporation. SUMMARY: The Economic Development Corporation was established in 1983 for the purpose of facilitating economic development opportunities through the financing of industrial development facilities by the issuance of non-recourse revenue bonds. About 15 companies took advantage of this opportunity, issuing bonds between 1984 and 1990; with one of the original companies refunding their bonds in 2006. All bonds have been paid off as of 2011. With no outstanding bonds and no interest in the program, it is recommended that the Economic Development Corporation be dissolved. Remaining funds, if any, of the Kent Economic Development Corporation would be transferred to the City. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee BUDGET IMPACTS: n/a ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, dissolving the City of Kent Economic Development Corporation. RECITALS A. On August 1, 1983, Ordinance 2419 created the City of Kent Economic Development Corporation, now codified in Chapter 3.09 of the Kent City Code. B. The Economic Development Corporation was established for the purpose of facilitating economic development and employment opportunities through the financing of industrial development facilities by non-recourse revenue obligations. C. Section 3.09.010 of the Kent City Code, pertaining to the operation of the City of Kent Economic Development Corporation, and Article 11 of the Charter of the City of Kent Economic Development Corporation both provide that the city, by ordinance, may dissolve the corporation if any contracts entered into by the corporation are not impaired, if the corporation has no remaining funds or property to administer, except those funds or properties that will be paid or transferred to the city, and if all of the corporation's outstanding obligations have been satisfied. 1 Dissolution-Economic Dev Corp Ordinance D. In 2011, United Warehouses (the last company with outstanding bonds issued with the assistance of the corporation) was sold and the outstanding revenue bonds were settled by the purchaser who paid the outstanding principal on the bonds. E. The City of Kent Economic Development Corporation has no other outstanding obligations, no funds or properties to administer for the benefit of any party except the city, and no contracts with any other parties that will be impaired by dissolution of the corporation. F. Accordingly, dissolving this public corporation is appropriate. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, Recitals Incorporated. The foregoing recitals are incorporated into this ordinance. SECTION 2, - Dissolution of Corporation. The City of Kent Economic Development Corporation is hereby dissolved. Any remaining funds or property in the possession of the City of Kent Economic Development Corporation shall be paid or transferred to the city. SECTION 3, - Repealer. Chapter 3.09 of the Kent City Code is repealed in its entirety. SECTION 4, - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, 2 Dissolution-Economic Dev Corp Ordinance codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTIONS. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, as provided by law. PASSED by the City Council of the City of Kent, Washington, at a regular open public meeting held this _ day of October, 2012. CITY OF KENT, WASHINGTON Mayor ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRU BAKE R, CITY ATTORNEY PASSED: day of 2012. APPROVED: day of 2012. PUBLISHED: day of 2012. P:\Civil\Ordinance\Economic Development Corpomdon.Docx 3 Dissolution-Economic Dev Corp Ordinance KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: October 2, 2012 SUBJECT: Consolidated Budget Adjustment Ordinance - Adopt MOTION: Adopt Ordinance No. approving the consolidating budget adjustments made between January 1, 2012 and June 30, 2012, reflecting an overall budget increase of $948,333. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $948,333 for budget adjustments made between January 1, 2012 and June 30, 2012. An overall increase of $1,224,170 was previously approved by Council, including the RCO Grant totaling $253,581, Department of Ecology Coordinated Prevention Grant for $125,491, and a carryover budget of $232,000 for the purchase of eight police vehicles. EXHIBITS: Ordinance, including Exhibit A RECOMMENDED BY: Operations Committee BUDGET IMPACTS: The remaining amount not yet approved by Council is an overall decrease of $275,837. This reduction is largely due to the reversal of an unfunded street project. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the 2012 budget for adjustments made between January 1, 2012 and June 30, 2012. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Budaet Adiustments. The 2012 budget is amended to include budget fund adjustments for the year up to June 30, 2012, as summarized and set forth in Exhibit "A," which is attached and incorporated into this ordinance. SECTION 2. - Severabilitv. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 3. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the 1 2012 Budget Adjustment First Half 2 correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2012. APPROVED: day of 2012. PUBLISHED: day of 2012. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\BudgetAdjustr ent Hrst Half 2012.docx 2 2012 Budget Adjustment First Half 3 City of Kent Budget Adjustment Ordinance Adjustments January 31, 2012 to June 30, 2012 Exhibit A Tota I Previously Approval Adjustment Fund Title Approved Requested Ordinance 001 General Fund 26,335 26,335 110 Street Fund (9,075) (9,075) 150 Capital Improvement Fund 36,000 36,000 160 Criminal Justice Fund 93,095 217 93,312 170 Environmental Fund 245,623 245,623 180 Housing & Community Development Fund (17,787) (17,787) 190 Other Projects Fund 20,000 20,000 310 Street Capital Projects Fund 122,171 (300,000) (177,829) 410 Water Operating Fund (3,706) (3,706) 440 Sewerage Operating Fund 453,581 (18,122) 435,459 480 Golf Operating Fund (4,307) (4,307) 510 Fleet Services Fund 253,700 (3,525) 250,175 520 Central Services Fund (1,573) (1,573) 540 Facilities Management Fund 55,328 55,328 560 Insurance Funds 378 378 1,224,170 (275,837) 948,333 4 Budget Adjustment Details for Budget Changes January 1, 2012 to June 30, 2012 Approval Date or Previous Expense Fund and Project Explananation Fund Amount 1 General Fund Not previously approved by Council 1 1000 Liability Insurance Adj 33,752 1 1000 Workers Compensation Adj (7,417) Total General Fund 26,335 110 Street Fund Not previously approved by Council 110 1110 Liability Insurance Adj (8,533) 110 1110 Workers Compensation Adj (542) Total Street Fund (9,075) 150 Capital Improvement Fund Previously Approved by Council 150 M00045 ShoWare Cntr Econ Imp Study 04172012 36,000 Total Capital Improvement Fund 36,000 160 Criminal Justice Fund Previously Approved by Council 160 N00812 WA Traffic Safety Grant 11072012 7,500 160 N00074 WASPC Grant 02122012 11,550 160 N00082 WA St Boating Safety Grant 06192012 19,045 160 N00906 WAPTA Grant 11072012 55,000 Not previously approved by Council 160 1600 Liability Insurance Adj (272) 160 1600 Workers Compensation Adj 489 Total Criminal Justice Fund 93,312 170 Environmental Fund Previously Approved by Council 170 M17103 Local Haz Waste Mgmt Grnt 02072012 31,122 170 M17103 Dept of Ecol Coord Prev Grt 02072012 125,491 170 M17103 KC Waste Reduct & Recy Grnt 02072012 89,010 Total Environmental Fund 245,623 180 Housing & Comm Dev Fund Not previously approved by Council 180 B00032 CDBG Final Funding Reduced (17,787) Total Housing & Comm Dev Fund (17,787) 5 Budget Adjustment Details for Budget Changes January 1, 2012 to June 30, 2012 Approval Date or Previous Expense Fund and Project Explananation Fund Amount 190 Other Operating Projects Previously Approved by Council 190 V00078 Pub Health/Seattle/KC Grant 11072012 20,000 Total Other Operating Projects 20,000 310 Street Capital Projects Fund Previously Approved by Council 310 R90070 SEPA Ordinance #2494 SEPA2494 89,594 310 R90093 SEPA Ordinance #2494 SEPA2494 (50,000) 310 R90094 SEPA Ordinance #2494 SEPA2494 54,994 310 R90096 SEPA Ordinance #2494 SEPA2494 27,583 Not previously approved by Council 310 R20308 Reverse 2011 Unfunded Project (300,000) Total Street Capital Projects Fund (177,829) 410 Water Operating Fund Not previously aooroved by Council 410 4100 Liability Insurance Adj (3,578) 410 4100 Workers Compensation Adj (128) Total Water Operating Fund (3,706) 440 Sewerage Operating Fund Previously Approved by Council 440 D00010 Dept of Ecol Stormwater Gnt 04032012 50,000 440 D20074 RCO Grant 02212012 253,581 440 D20019 228th St Imp Drng Dist #1 5172011 50,000 440 D20016 Interlocal w/Drain Dist 1 8022011 100,000 Not previously aooroved by Council 440 4400 Liability Insurance Adj (17,933) 440 4400 Workers Compensation Adj (189) Total Sewerage Operating Fund 435,459 480 Golf Operating Fund Not previously approved by Council 480 4800 Liability Insurance Adj (1,255) 480 4800 Workers Compensation Adj (3,052) Total Golf Operating Fund (4,307) 6 Budget Adjustment Details for Budget Changes January 1, 2012 to June 30, 2012 Approval Date or Previous Expense Fund and Project Explananation Fund Amount 510 Fleet Services Fund Previously Approved by Council 510 5100 Carryover 2011 Equip Budget Ord 3984 232,000 510 5100 Carryover 2011 Equip Budget Ord 3984 21,700 Not previously approved by Council 510 5100 Liability Insurance Adj (3,489) 510 5100 Workers Compensation Adj (36) Total Fleet Services Fund 250,175 520 Central Services Fund Not previously approved by Council 520 5200 Liability Insurance Adj (434) 520 5200 Workers Compensation Adj (1,139) Total Central Services Fund (1,573) 540 Facilities Management Fund Not previously aooroved by Council 540 5400 Liability Insurance Adj 1,029 540 5400 Workers Compensation Adj 13,799 540 5400 Vehicle for HVAC Mechanic 40,500 Total Facilities Management Fund 55,328 560 Insurance Funds Not previously aooroved by Council 560 5610 Workers Compensation Adj 378 Total Insurance Funds 378 Grand Total 948,333 7 KENT Agenda Item: Consent Calendar — 73 TO: City Council DATE: October 2, 2012 SUBJECT: Washington State Arts Commission Grant — Approve MOTION: Accept the Washington State Arts Commission grant in the amount of $6,000 and approve the expenditure of the funds in accordance with the grant terms and conditions, subject to the 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 2013. Kent Arts Commission used the funding to support the presentation of performances and educational outreach activities by Taylor 2 (modern dance company) and Alpin Hong (classical pianist) as part of Spotlight Series. EXHIBITS: Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Arts Commission Budget WASHINGTON STATE ARTS COMMISSION Grant Contract Program: Project Support—Level B—Midsized Arts Organizations FYI Contract No.2013125 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: City of Kent Arts Commission Physical 220,4th,Avenue,South Address: Kent Washill ton 98032 5..... ......... Mailing Address: Phone No: 253-8565050 Web Site: https;//ww,w.lcentarts;com Washington State UBI: C-173-000-002 Federal Employee ID: 91-6001254 DUNS: 20253613 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 propose 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 making the grant, The funding is administered under WAC Title 30. B. DESCRIPTION OF THE ACTIVITY,PROJECT, OR PROGRAM CONTRACTOR shall use funds awarded under this Contract No.2013125 solely for the grant proposal funded through the Project Support for Midsized Arts Organizations for FY13 as described in Attachment A: Scope of Work. C. AMOUNT OF GRANT I. The Commission awards Heritage Center Funds in the amount of SIX THOUSAND AND 00/100 Dallas ($6,000.00)to the CONTRACTOR. 2. The Cormnission awards Federal Funds in the amount of ZERO AND 00/100 Dollars ($0.00)to the CONTRACTOR. A licable on] if Contract includes Federal Funds: Federal Catalog of Domestic Assistance No: 65.025 12-6100-2022 Federal Grant No: Grant Contract No. 2013125 1 Of 3 3. CONTRACTOR agrees to provide matching funds equal to or greater than the total funds provided b y the � COMMISSION. 4. 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 August 15,2012 to,June 30, 2013. 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 Re resentative Name Ronda Billerbeek Name Christel Ratliff .......... ................ and,ritle: and Title: Cultural Progratns Ma��ager Program Coordinator Org. City,of Kent Arts_Commission Org: Washington State Arts Commission— Name: Name: Grants to Organizations 220 . . Aven... . .—tn Address: Address: PO Box 42675 Kent Washington 2NN . Olympia,WA 98504-2675 ........... ...... Phone: 253-856-5050 Phone: (360)586-0026 E-Mail: rbillerbeck kentwa. ov E-Mail: christeLratliff@,arts.wa.gov 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 Attachment B: Payment Schedule Attachment C: General Terms and Conditions Attachment D: Voucher Attachment E: Final Report Requirements/Form available for download at www.arts.wa.gov Attachment F: National Endowment for the Arts General Terms and Conditions for Federal Funding Grant Contract No. 2013125 2 of 3 i H. INSURANCE Automobile Liability: In 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. 1. 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. i J. FINAL REPORT i 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 i THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this contract. ity of I t Ar -mrrn rss WASHINGTON STATE ARTS COMMISSION (si a rr ofpar tYorrz #toss rforCONTRACTOR) Kris Tucker,Executive Director (printed name ofsigt2atory) Date: (printed title ofsignatory)sCVv jZts 'btt'ae-�by- Date: c2- APPROVED AS TO FORM: (Signature of Susan Thomsen,Assistant Attorney General,State of Washington,March,2003 on file in fiscal office) Grant Contract No, 2013125 3 of 3 GRANT CONTRACT-ATTACHMENT"A" Scope of Work Program: Project Support—Level B—Midsized Arts Organizations FY13 Contract No.2013125 CONTRACTOR: City of Kent Arts Commission 1. The CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: Project Support assistance with: The Kent Arts Commission includes lesser-known art forms and artists as part of Spotlight Series,and incorporates educational outreach activities in school and community settings. We strive to expand audiences, deepen arts knowledge and experiences,and encourage life-long learning in the arts. During 2012-13,we will focus on classical music and modern dance—access to and familiarity with both is limited in our suburban community. This project will bring modem dance,by one of the art form's most celebrated choreographers, and an acclaimed classical pianist to a diverse and underserved audience.\n\nTaylor 2,the touring company of Paul Taylor Dance Company,will perform on March 8,2013 at Kentwood PAC,and offer a master class at Allegro Academy of Performing Arts for 30 dance students. Pianist Alpin Hong will perform on March 22 at Kent-Meridian PAC, and lead four lecture/demos for a total of 1,000 students.\n\nPaul Taylor is the last living member of the small group of choreographers that created America's indigenous art of modem dance.Taylor has continued to win acclaim for the vibrancy,relevance and power of his recent creations as well as his classics. He established Taylor 2 in 1993 to ensure that his works could be seen by audiences all over the world,unhindered by economic or technical limitations.Alpin Hong completed a Master's degree at The Juilliard School and has won critical acclaim and numerous prestigious awards.His combination of humor, emotion and dazzling technique is appealing to audiences of all ages.\n\nSpodight Series is directed by Cultural Programs Manager Ronda Billerbeck,who founded the series and has overseen its growth from two annual shows to a full season of well-regarded and attended performances.For 15 years, Spotlight Series has provided high quality performing arts to Kent.The series is presented in high school PACs, offering top-notch arts experiences that are close to home, easily accessible and affordable. Event Announcement and Documentation: The CONTRACTOR must provide to the Grants to Organizations office of the COMMISSION,any public announcement,press release,or other direct mail or electronic 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 Box 42675 Olympia,WA 98506-2675. Final Reports are due: Every grant recipient must submit a Final Report to the Washington State Arts Comnnission'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, bv 5:00 P.M. August 1,2013, The Final Report Form should be downloaded from the COMMISSION website at www.arts.wa.gov,,under Grants to Organizations. Final Report Penalty: Grant recipients that do not submit Final Reports by the August 1,2013 deadline will have a 10% penalty deducted from any future grant from Grants to Organizations. Logo Credit: NATIONAL ENDOWMENT FOR THE ARTS WAS IA INC)TON STATE Recipients of grants and programs are asked to credit WSAC in promotional ARTS COMMISSION communications about the grant.The WSAC logo maybe downloaded from the website: www.arts wa.eov. If your grant includes federal funding(which would be stated on page 1 of your contract),you are also obligated to credit the National Endowment for the Arts (NEA)in the same manner as WSAC. NEA logos are downloadable at www.arts.gov. i i i I i GRANT CONTRACT-ATTACHMENT"B" Payment Schedule Program: Project Support—Level B—Midsized Arts Organizations FYI Contract No.2013125 CONTRACTOR: City of 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: I. No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section D of the CONTRACT; 2. Payments will be made after the expenses for which COMMISSION funds were committed have been incurred; 3. The CONTRACTOR must return all invoice voucher(s)to the COMMISSION no later than the first working day of each designated payment date; 4. All requests for payment shall be on the form of voucher set forth in Attachment D. 5. You have the option of obtaining your grant payments via direct deposit through the Office of Financial i Management(OFM). The necessary forms are downloadable from www.arts.wa.eov under the link Grant Payments. 6, 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. 7. The schedule for payment is as follows: Month/Year Amount I/l/13 S6,000.00 or upon project completion TOTAL AWARD $6,000,00 GRANT CONTRACT-ATTACHMENT"C" General Terms and Conditions Program: Project Support—Level B—Midsized Arts Organizations FYI Contract No.2013125 CONTRACTOR: City of Kent Arts Commission TABLE OF CONTENTS This table of contents is for reference purposes only and shall not be considered a substantive part of this Contract. A. HEADINGS AND DEFINITIONS.............................................................................2 B. GENERAL CONTRACT TERMS Amendmentsor Modifications..................................................................................1.2 Conformancewith Law...............................................................................................2 Orderof Precedence............................................................ ...............................2 Severabili ............... ...................................... ....................... .....2 Waiverof Default or Breach.......................................................................................2 C. PERFORMANCE AND GENERAL RESPONSIBILITIES Covenant Against Contingent Fees.......................................................................I......2 Indemnification ...........................................................................................................3 Independent Capacity of Contractor............................................................................3 Nonassignability......................................................... ................................................3 Publicity/Acknowledgements......................................................................................3 Reproduction.....................................................................................................:.........3 Services within Washington........................................................................................3 D. COMPLIANCE WITH LAWS RECORDKEEPING AND INSPECTIONS Americans with Disabilities Act..................................................................................3 Compliancewith Applicable Law...............................................................................3 Conflictof Interest.......................................................................................................4 HazardousSubstances.................................................................................................4 Nondiscrimination Laws..............................................................................................4 PublicDisclosure/Confidentiality................................................................................4 Records,Documents, and Re-ports.................................................................11.11.........4 Registration with Department of Revenue........................................................I..........5 Rightof Inspection......................................................................................................5 E. FUNDING REIMBURSEMENT AND BUDGET AdvancePayments Prohibited.........................................................I..........I................5 Funds not Supplanting 5 pP g................................................................................................. Taxes...........................................................................................................................5 Traveland Per Diem...................................................................................................5 F, TERMINATION AND DISPUTES Disputes,............ ............................... .................... ................. .......................1.............5 . Governing Law and Venue...................................—................................................ .... 5 Savings ....................................................................................................................... 5 Termination for Convenience......................................................................................6 Termination or Suspension for Cause............................................:...................... ....... 6 G ADDITIONAL FEDERAL FUNDING REQUIREMENTS Application..................................................................................................................6 Publicity/Aelmowledgements ....................—..............................................................6 NEA General Terms and Conditions...........................................................................6 Grant Contract No. 2013125 1 of 6 Attachment C: General Terms and Conditions A. HEADINGS AND DEFINITIONS DEFINITIONS-As used throughout this Contract,the following terms shall have the meaning set forth below: "COMMISSION" shall mean the Washington State Arts Commission,any division, section,office,unit or other entity of the Commission, or any of the officers or other officials lawfully representing that Commission. "AGENT"shall mean the Executive Director,Washington State Arts Commission,and/or the delegate authorized in writing to act on his/her behalf, "CONTRACTOR" shall mean that firm,provider,organization, individual or other entity that has been awarded a grant of funds under this Contract, and shall include all employees of the CONTRACTOR. "NEA" shall mean the National Endowment for the Arts "SUBCONTRACTOR"shall mean one not in the employment of the CONTRACTOR,who is performing all or part of those services under this Contract under a separate contract with the CONTRACTOR. The terms "Subcontractor" and"Subcontractors"mean Subcontractor(s)in any tier, HEADINGS-Headings used in this Contract are for reference purposes only and shall not be considered a substantive part of this Contract. B. GENERAL CONTRACT TERMS AMENDMENTS OR MODIFICATION-This Contract may be amended or modified only by mutual consent of the COMMISSION and CONTRACTOR. To be effective,any amendment or modification must be in writing, signed by all parties,and attached hereto. No oral understanding or agreement binds the parties. CONFORMANCE-If any provision of this contract violates any statute or rule of law of the State of Washington,it is considered modified to conform to that statute or rule of law. ORDER OF PRECEDENCE—The items listed below are incorporated herein by reference. In the event of an inconsistency in this Contract,the inconsistency shall be resolved by giving precedence in the following order: I. Applicable Federal and Washington State statutes and regulations including applicable Federal and State Executive Orders. 2. Special Terms and Conditions of this Contract, including a. Scope of Work and b. Modifications to the General Terms and Conditions 3. General Terms and Conditions 4. NEA General Terms and Conditions if Federal funds are committed by this Contract. 5. All other attachments or material incorporated by reference. SEVERABILITY-If any provision of this Contract or any provision of any document incorporated by reference is held invalid, such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision,and to this end the provisions of this Contract are declared to be severable. WAIVER OF DEFAULT OR BREACH--Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Waiver of any default or breach shall not be construed to be a modification of the terms of the Contract. C. PERFORMANCE AND GENERAL RESPONSIBILITIES COVENANT AGAINST CONTINGENT FEES-The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee,excepting bona fide employees or a bona fide established agent maintained by the CONTRACTOR for the purpose of securing business. The COMMISSION shall have the right, in the event of breach of this clause by the CONTRACTOR,to annul this Contract without liability, or, in its discretion,to Grant Contract No. 2013125 2 of 6 Attachment C: General Terms and Conditions i deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage,brokerage or contingent fee. INDEMNIFICATION—To the fullest extent permitted by law,the CONTRACTOR shall indemnify defend,and hold harmless the State of Washington,including the COMMISSION and all officials, agents, employees of the State from and against any liability,damages, claims, suits and/or expenses arising out of or resulting from performance of this Contract, including,but not limited to, injury to persons or property,failure to follow applicable law,acts that are libelous or slanderous,and the violation or infringement of any copyright,patent,trademark,trade name or unfair trade practice law. The CONTRACTOR's obligation to indemnify, defend,and hold harmless includes any claim by the CONTRACTOR's agents,employees,representatives,or any subcontractor or its employees. The CONTRACTOR shall be required to indemnify,defend,and hold harmless the State only to the extent claim is caused in whole or in part by negligent acts or omissions of the CONTRACTOR. INDEPENDENT CAPACITY OF CONTRACTOR This Contract creates an independent contractor relationship. The CONTRACTOR and its employees or agents performing under this Contract are not employees or agents of the COMMISSION or the State of Washington.The CONTRACTOR and its employees or agents will not hold themselves out as nor claim to be officers or employees of the COMMISSION or of the State of Washington by reason of this Contract and will not make any claim,demand, or application to or for any right or privilege which would accrue to such an officer or employee under law. The COMMISSION shall not control or otherwise supervise the manner hr which this Contract is performed. NONASSIGNABILITY—The CONTRACTOR shall not assign this Contract, any rights or obligations under this Contract, or any claim arising under this Contract without prior written consent of the COMMISSION. PUBLICITY/ACKNOWLEDGEMENTS—The CONTRACTOR shall acknowledge the COMMISSION in all printed or oral material and announcements,including in-person interviews with audio, video, or prhrtjoumalists, which result from this Contract, as follows: "This program is supported, in part,by a grant from the Washington State Arts Commission," REPRODUCTION-The CONTRACTOR relinquishes to the State and its assigns royalty-free, irrevocable,non- exclusive license to make photographic or graphic reproductions or otherwise use data and copyrightable materials that result from this Contract, provided that such use or reproduction shall be only for government purposes.Data shall include,but is not limited to, reports,documents,pamphlets,other printed matter,photographs, and sound recordings. Goverment purposes shall include,but are not limited to,(1) internal documents such as memoranda and(2)public releases such as advertising,brochures,media publicity and catalogs or other similar publications, provided that the artist is credited. All reproductions of copyrightable material by the State in public releases shall contain a credit to the artist and a copyright notice in the following form: "©(Artist's name),(date)." SERVICES WITHIN WASHINGTON-The CONTRACTOR agrees that no funds under this Contract will be used for activities or services outside the State of Washington,without prior authorization of the COMMISSION. D. COMPLIANCE WITH LAWS RECORDKEEPING,AND INSPECTION AMERICANS WITH DISABILITIES ACT(ADA)OF 1990 PUBLIC LAW 101-336 also referred to as the "ADA"28 CRF Part 35 The CONTRACTOR must comply with the ADA which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment pubic accommodation state and local government services, and telecommunications. COMPLIANCE WITH APPLICABLE LAW The CONTRACTOR shall comply with and COMMISSION is not responsible for determining compliance with all applicable and current federal state and local laws,regulations, and policies including all applicable local state and federal licensing accreditation and registration requirements/standards necessary for the performance of this Contract. In the event of the CONTRACTOR's noncompliance or refusal to comply with any applicable law or policy,the COMMISSION may rescind cancel or terminate this Contract for cause in whole or in part The COMMISSION also may declare the CONTRACTOR ineligible for further urant awards from the COMMISSION. Grant Contract No. 2073125 3 of 6 Attachment C: General Tenus and Conditions CONFLICT OF INTEREST, Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMISSION may,by written notice to the CONTRACTOR,terminate this Contract if it is found after due notice and examination by the COMMISSION that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW, or any similar statute involving the CONTRACTOR in the procurement of,or performance under,this Contract. In the event this Contract is terminated as provided above,the COMMISSION shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of contract by the CONTRACTOR. The rights and remedies of the COMMISSION provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any determination under this clause shall be an issue and may be.reviewed as provided in the"Disputes"clause of this Contract. HAZARDOUS SUBSTANCES. The CONTRACTOR will defend,protect and hold harmless COMMISSION and any and all of its employees and/or agents„from and against any and all liability,cost(including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous substances as defined by state and federal law on the property covered by the project. NONDISCRIMINATION LAWS During the performance of this Contract the CONTRACTOR shall comply with all federal and state nondiscrhnination laws regulations or policies If the CONTRACTOR does not comply or refuses to comply with nondiscrimination laws regulations or policies the COMMISSION may rescind,cancel,or terminate this Contract in whole or in part and may also declare the CONTRACTOR ineligible for further contracts with the COMMISSION The CONTRACTOR shall be given a reasonable time in which to cure noncompliance. Any dispute may be resolved in accordance with the"Disputes"provision in this Contract PUBLIC DISCLOSURE/CONFIDFNTIALITY CONTRACTOR acknowledges that the COMMISSION is subiect to Chapter 42.17 RCW the Public Disclosure Act and that this Contract shall be a public record as defined in RCW 42 17 250 through 42 17 340 Any specific information that is claimed by the CONTRACTOR to be confidential or proprietary must be clearly identified as such by the CONTRACTOR To the extent consistent with Chapter 42.17 RCW the COMMISSION shall maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view the CONTRACTOR's information the COMMISSION will notify the CONTRACTOR of the request and the date that such records will be released to the requester unless CONTRACTOR obtains a court order enjoining that disclosure If the CONTRACTOR fails to obtain the court order enjoining disclosure the COMMISSION will release the request information on the date specified, The CONTRACTOR shall not use or disclose any information concerning the COMMISSION,or information which may be classified as confidential for any purpose not directly connect with the administration of this Contract except 1 with orior written consent of the COMMISSION or(2)as may be required by law. RECORDS DOCUMENTS AND REPORTS The CONTRACTOR shall maintain complete financial records including all accounts books records documents invoices and other evidence that sufficiently and properly reflect all direct and indirect costs of anv nature expenses incurred and revenues acquired under this Contract The records must clearlvshow that matching expenditures if required are not less than the amount granted in the approved application and this Contract The system of accounting employed by the CONTRACTOR shall be in accordance with generally accepted accounting principles and will be applied in a consistent manner so that the p�ect finances can be cleaiyidentified, These records shall be subject at all reasonable times to inspection review, or audit by personnel duly authorized by the COMMISSION the Office of the State Auditor, and Federal officials so authorized by law,rule regulation,or contract. The CONTRACTOR will retain all books,records documents and other materials relevant to this Contract for six years after termination or expiration of the Contract and make them available for inspection by persons authorized under this provision If any litigation claim or audit is started before the expiration of the six(6) year period the records shall be retained until all litigation claims or audit findings involving the records have been resolved. Grant Contract No.2013125 4 of 6 Attachment C: General Terms and Conditions REGISTRATION WITH THE DEPARTMENT OF REVENUE-The CONTRACTOR shall complete registration, if required by law,with the Washington State Department of Revenue,P.O. Box 47450,Olympia,WA 99504-7450, http://dor.wa.gov. The CONTRACTOR shall be responsible for payment of all taxes due on payments made under this Contract. RIGHT OF INSPECTION The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the COMMISSION pertinent to the intent of this Contract including right of entry for periodic site inspections The CONTRACTOR shall provide right of access to the facilities and/or site of the activity,project or program to the COMMISSION or to any of its officers or to any other authorized agent or official of the State of Washington or the Federal government at all reasonable times in order to monitor and evaluate performance compliance and/or quality assurance under this Contract. E. FUNDING,REIMBURSEMENT AND BUDGET ADVANCE PAYMENTS PROHIBITED-No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the COMMISSION. FUNDS NOT SUPPLANTING-The CONTRACTOR agrees that the funds supporting activities and services under this Contract shall not be used to supplant funds normally budgeted for services of the same type. TAXES—All payments accrued on account of payroll taxes, unemployment contributions,any other taxes, insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR. TRAVEL AND PER DIEM- ht the event the Contract allows the CONTRACTOR to be reimbursed for out-of- pocket expenses,the CONTRACTOR will be reimbursed for travel expenses at the State rates for mileage and per diem in effect at the time these expenses are incurred. The COMMISSION reserves the right to audit documents supporting billings made for out-of-pocket expenses. F. TERMINATION AND DISPUTES DISPUTES.Except as otherwise provide in this Contract,when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing of the other according to the process set out in this section. Either party's request for dispute hearing most be in writing and clearly state: 1. The disputed issue(s); 2. The relative positrons of the parties; 3. The CONTRACTOR's name,address and project title. The requesting party shall mail the request for hearing to the other party within 5 working days after the parties agree that they cannot resolve the dispute. Within 5 working days of receipt of the request,the receiving party shall respond by either accepting or refusing the request for dispute resolution. If both parties agree to a dispute hearing,the dispute shall be heard by a panel of three persons consisting of one person selected by the CONTRACTOR, one person selected by the COMMISSION, and a third person chosen by the two persons initially appointed. Any hearing under this section shall be informal, with the specific processes to be determined by the panel according to the nature and complexity of the issues involved. The process may be solely based upon written material if the parties so agree. Provisions of this Contract shall govern the panel in deciding the disputes. The parties shall equally share all cost associated with implementation of this process. The decision of the disputes panel shall bind the parties,unless the parties do not have the authority to perform the remedy directed by that panel or the remedy is otherwise unlawful GOVERNING LAW AND VENUE—Washington law shall govern this Contract. In the event of a lawsuit involving this Contract,venue shall be proper only in Thurston County. SAVINGS If any State,Federal,private, or other funding source withdraws,reduces,or limits in any way the funds appropriated for the work under this Contract prior to normal termination of the Contract,the COMMISSION may Grant Contract No.2013125 5 of 6 Attachment C: General Terms and Conditions terminate the Contract without advance notice. At the COMMISSION's discretion,the parties may renegotiate the Contract under those new funding limitations and conditions. If this Contract is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMINATION FOR CONVENIENCE-Either party may terminate this Contract upon 15 days'prior written notification to the other party. If this Contract is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMINATION OR SUSPENSION FOR CAUSE—In the event the COMMISSION determines the CONTRACTOR has failed to comply with the conditions of this Contract in a timely manner,the COMMISSION has the right to suspend or terminate the Contract. Before suspending or terminating the Contract,the COMMISSION shall notify the CONTRACTOR in writing of the need to take corrective action. If corrective action is not taken within fifteen(15)days of receiving notice,the COMMISSION may terminate or suspend the Contract. If the Contract is terminated for cause,the COMMISSION reserves the right to require the CONTRACTOR to repay all or any portion of funds paid to the CONTRACTOR prior to termination. The CONTRACTOR shall make repayment within thirty(30)days of the demand. If the COMMISSION is required to institute legal proceedings to enforce this repayment provision,the COMMISSION shall be entitled to its costs, including reasonable attorneys' fees. However, repayment shall not be the sole or exclusive remedy available to the COMMISSION. No remedy available to the COMMISSION shall be deemed exclusive. The COMMISSION may elect to exercise any, any combination, or all of the remedies available to it under this Contract,or under any provision of law,common law,or equity, G. ADDITIONAL TERMS AND CONDITIONS IF GRANT INCLUDES FEDERAL FUNDS. APPLICATION--If federal funds are conunitted by this Contract,the CONTRACTOR shall abide by the following conditions. PUBLICITY/ACKNOWLEDGEMENTS—The PUBLICITY/ACKNOWLEDGEMENT provision elsewhere in this Contract is hereby amended as follows: `The CONTRACTOR shall acknowledge the COMMISSION and the NEA in all printed or oral material and amrouncements, including in-person interviews with audio, video, or print journalists, which result from this Contract, as follows: "This program is supported, in part,by a grant from the Washington State Arts Commission and the National Endowment for the Arts." Additionally, all printed materials shall display the NEA logo as per NEA General Terms and Conditions, Attachment F. NEA GENERAL TERMS AND CONDITIONS. The NEA has awarded the federal funds committed by this Contract to the COMMISSION. The COMMISSION is obligated to the NEA to administer the funds according to the NEA General Terms and Conditions set forth in Attachment F. All Legal Requirements(Federal Laws,rules, regulations and OMB Circulars)enumerated in the NEA General Terns and Conditions apply to the CONTRACTOR. As a subgrant recipient,the CONTRACTOR shall abide by the NEA General Terns and Conditions not inconsistent with the Special and General Terms and Conditions of this Contract. Grant Contract No. 2013125 6 of 6 Attachment C: General Terns and.Conditions GRANT CONTRACT-ATTACHMENT"D" Invoice Voucher FORM STATE OF WASHINGTON AGENCY USE ONLY A49-1A ao e AFRyS VOUCHER �y AgGENOY NO. LOCATIOON COUE P.R.OR AUTO.NO. (REV 7196) 6 INVOICE UCHER AGENCY NAME AND LOCATION INSTRUCTION TO VENDOR OR CLAIMANT Submit this form to claim payment for materials, merchandise or services. Since,complete octal for each item. WAS H I NGTON STATE ARTS COMMISSION Vendors Certificate. I hereby Cerny under penalty of perjury that the items and totals listed herein are proper charges for materials.merchandise or Services furnished to the State at PO BOX 42675 Washington,and that all goods furnished and/or services rordered have been provided vothaut OLYMPIA WA 98504.2675 discrimination because of age,sex.marital status,race,creed,color,national origin,handicap, religion,or Viehlam era or disabled veterans status VENDOR OR CLAIMANT(Warrant is to be payable to City of Kent Arts Commission X BY. 220 4th Avenue South (SIGN IN BLUE INK) Kent,Washington 98032 c ! of ar E �� (TITLE) (DATE) CGCYp 4iN 4 CvGIA+°i. FEDERAL I.D.NO.OR SOCIAL SECURITY NO.IF.,R,P[rBG,P,DVincl Service C.1roul Payments to li RECEIVED BY: DATERECEIVEM 91-6001264 DATE DESCRIPTION QUANTITY UNIT UNIT AMOUNT FOR AGENCY '.... PRICE USE For Grants to Organizations --FY13 .............................................................................................................................................................. ......:...............................................................s....................................................................................................;...................................................... Project Support— Level B - Midsized Arts Organizatons ....................................................... ...................................................:........................... Per Attachment"A" Scope of Work i r Contract#: 2013125 ..................................................................................................................................................................;................................... ........................._.......................................;...................._............................._.............................................................. . ..............................._................................................_..._............._..................................................................................................................................................................................................................... ............................................ .. HCA 110 Funds $6,000.00 ................................................................................................................................................................._;....................................E................................................-............ I ......................... . i _................................ 020 Federal Funds f $0.00 ..........................._.................................................................................:.................................................s.......................................................................................................;...................._................................................................................ ......... Total: 6 000.00 r ............................................... t ....................................... �........................ `..................................................................i............................................................. PREPARED BY: TELEPHONE NVMBER: DATE: AGENCY APPROVAL: DATE: ' DOC.DATE For DUE CURRENT DDC.NO.: REF.DOC.NO.: VENDOR NUMBER: USE TA% VENDOR MESSAGE: US[NUMBER: PATE: REF M !ASTER INDEX SUB W[RR[LrtSe [oa.NY CIttrtOWN DOC TRANS O FUND APPN I PROGRAM SUB SUB ORG Badge! PROJECT SUB PROJ AMOUNT INVOICE NUMBER SUF CODE D INDEX INDEX Also OBJ INDE% ALLOC Unit MOB PROD PHAS 14E 110 00103 NZ 5MAO 00 00 $6,000.00 MA02013125 001 020 00103 NZ 13 1 5MAO 00 00 $0.00 MA02013125 ACDOUNTING APPROVAL FOR PAYMENT: DATE: WARRANT TOTAL: WARRANT NUMBER: I w," Agenda Item: Consent Calendar — 7K TO: City Council DATE: October 2, 2012 SUBJECT: Centennial Building Boiler Purchase Agreement — Authorize MOTION: Authorize the Mayor to sign the contract with Stacy Plumbing Supply Company to purchase a boiler for the Centennial Center Building in the amount of $26,225.25, including WSST, subject to the final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: This contract is for the purchase of a new energy efficient Patterson Kelley Condensing Boiler to replace the current boiler in the Centennial Center Building that is now in its 22nd year of operation. This boiler replacement will complete the Energy Savings Conservation Operation Project for the Centennial Center and is 22% more efficient than the current boiler. Installation will be performed by our in-house HVAC/R Specialists representing an additional up-front savings in installation charges. EXHIBITS: Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Capital Budget dft KENT WASHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and Stacy Plumbing Supply Co. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Stacy Plumbing Supply Co. organized under the laws of the State of Washington, located and doing business at 2909 S Wilkeson Street, Tacoma, WA 98409-7855, 253 272-3163, Greg Stacy. (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: Purchase only from Stacy Plumbing Supply Co. of a Patterson Kelley Mach C1050 Cast Aluminum Condensing Boiler for the Centennial Center Building located at 400 W. Gowe, Kent, in accordance with Raypak Repl Project Quote, which is attached as Exhibit A. 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 30 days. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $26,225,25, 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: Vendor will invoice upon complete delivery of all goods; Terms, Net 30. GOODS & SERVICES AGREEMENT - 1 /near tin nnn nn in,hi lino IA/CCTI 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 (nvPr ,trn_nnn_nn_ Inrhirilnn W44T 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 /O,mr tin nnn nn inrhiiiinrt imccTI 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 S10.000.00. 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 ((),,., ,tin nnn nn inri.../;n, )A/CCTI 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 VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: it NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Greg Stacy Alex Ackley, Superintendent Parks Facilities Stacy Plumbing Supply Co. City of Kent 2909 S. Wilkeson Street 220 Fourth Avenue South Tacoma, WA 98409-7855 Kent, WA 98032 253 272-3163 (telephone) (253) 856-5081 (telephone) 253 272-1912 (facsimile) (253) 856-6080 (facsimile) APPROVED AS TO FORM: Kent Law Department Stacy Plbg Sup Co Goods and Services Agree nent.doc III I GOODS & SERVICES AGREEMENT 7 (nver$72 non on inrbuiinn bVSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The.City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 . By. For: Title: Date: EEO COMPLIANCE DOCUMENTS - 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: I 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. if 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: For: Title:. Date: I EEO COMPLIANCE DOCUMENTS - 3 of 3 ST',�CYPLBG SUP CO From: Greg Stacy Ph 253 272 3163 greg@stacyplbg,com Project Quote I Name l Address Ship To _._. ._.. CITY OF F,EV7 CEA I I A1•,'IAI-BI 0 220 FOURTH.AV13NUE SOUTH 400 N. (10 E KL\T. WA 95933-5395 KEN 1'. WA Terms Quoted By Estimated Ship Date FOB PROJECT No 30 FAC'TOR)'/FFfl R,gl'PegK I2EYL EQUIP# Item 0e8edption 4ty - Total PKCIOf0 P,AI'TPRSO'u KFIM.EY MACH C1050 CASI ALUMINUM I 22,200-00 COAllL.NSINO${)IL,g12, 105O\4611 LAYLT\ATURAL GAS 1N'CLUDING THE FQL.1-OWrNG: 2EA VICTALLIC.ADAPTERS IEA PH NEUTRALIZER I EA MUTDOO R AIR SGNSUR(L N VI i - I FA I-I[.ADER SENSOR(ENVI) ILA OUTDOOR KIT - IEA 80PS7 RELIEF VALVE - I EA NATURAL GAS RFGCLATOR 1-F LET OPTIONAL-IF NEEDED JFWAER-23-610 JORNWOOD Li:GALLON'BLADDER TANK 125 I 1750.00 START-UP AND I-REIGHTTOTFIF tt7HSFIE IS INCLUDED, UN-LOADING AND SCTI- G LQl IPMEKT ON TM ROOF ATTHE JOBSITF BY OTHERS. I TOTAL---------------- -------------___-W-------..._--- -_.> 23.950,00 Sales Tax (9,5%) 2275,25 Total 2s,zzs.zs KENT Agenda Item: Consent Calendar — 7L TO: City Council DATE: October 2, 2012 SUBJECT: Yamaha Golf Cart Lease Agreement — Authorize MOTION: Authorize the Mayor to sign the equipment schedule with Yamaha Motor Corporation, U.S.A., leasing 76 golf carts for four years, in the amount of $203,795.84, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Last fall, the City extended the existing operating master lease of the golf complex's fleet of golf carts for one additional year; the extended lease expires November 1, 2012. The new four-year Master Lease Agreement with Yamaha Motor Corporation will provide a fleet of 76 new golf carts to the golf complex. The new lease provides 36 electric carts, 36 gas carts, 2 marshal carts and 2 utility carts to the golf complex. The annual cost of the new Master Lease Agreement is $50,948.96, which results in a saving of $2,523.04 annually, compared to the extended lease and an $11,329.36 annual saving from the original lease. The golf complex generates approximately $155,000 in revenue from golf cart rentals annually. These revenues more than cover the monthly lease payments over the 48 month term of the lease agreement. EXHIBITS: Master Lease Agreement and Equipment Schedule RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Riverbend Enterprise Budget a� 11 11 xsYA AHA t Commercial Customer Finance I MUNICIPAL MASTER LEASE AGREEMENT i Page 1 of 4 MLSE0906 YAMAHA MOTOR CORPORATION, U.S.A. MASTER LEASE AGREEMENT dated January 1, 2009 ,between YAMAHA MOTOR CORPORATION, U.S.A., havina its orincioal place of business at 6555 Katella Avenue. Cypress, California 90630 ("Lessor'), and SAMPLE NAME having its principal office at XXXX STREET XXXXXXXX CITY, STATE, ZIP ,("Lessee'). Lessor and Lessee hereby agree as follows: 1. Lease of Equipment. Lessor leases to Lessee the equipment described on each attached Equipment Schedule(the"Eauipment"), on the terms and conditions of this Lease,the applicable Equipment Schedule,and each rider attached hereto. 2. Term. The term of this lease for the Equipment described on a particular Equipment Schedule shall commence on the date set forth on such Equipment Schedule and shall continue for the number of months indicated on such Equipment Schedule. 3. Rent. Lessee shall pay Lessor rent for the Equipment("Rent")in the amounts and at the times set forth on the applicable Equipment Schedule. The amount of the Rent has been determined by amortizing the purchase price of the applicable Equipment (using the prices quoted in the Request for Proposal identified on the applicable Equipment Schedule ("RFF), together with an interest factor at the rate specified in the applicable Equipment Schedule. Whenever any payment hereunder is not made when due, Lessee shall pay interest on such amount from the due date thereof to the date of such payment at the lower of Lessors then prevailing rate for late payments specified in Lessors invoice to Lessee for such payment or the maximum allowable rate of interest permitted by the law of the state where the Equipment is located 4. Selection,,Delivery and Acceptance. Lessee shall select the Equipment and take delivery thereof directly from Lessor or an authorized dealer of Lessor(the"Dealer'). All costs of delivery.are the sole responsibility of Lessee. Lessor shall not be liable for any loss or damage resulting from the defay,or failure to have any Equipment available for delivery. Lessee shall inspect the Equipment to determine that the Equipment is as ordered and has been equipped:and prepared in accordance with the RFP and any prior instructions given in writing by Lessee to Lessor or Dealer..Lessee shall accept.the Equipment if it meets the criteria set forth in the preceding sentence and shall execute and deliver to Lessor or Dealer s Certificate of Acceptance, in form and substance satisfactory to Lessor, with respect to each shipment of Equipment. For all purposes of this Lease, acceptance is conclusively established by Lessee's execution and deliver of a Certificate of Acceptance provided by Lessor. Lessee authorizes Lessor to insert in each Equipment Schedule the serial numbers and other identifying dale of the Equipment. 5. Location. and Inspection. Lessee shall not move the Equipment from the locations specified in the applicable Equipment Schedule wilhoul Lessors prior written consent. Lessor and its.:representatives shall have the right from time to time during business hours to enter upon the premises where the Equipment is located to Inspect the Equipment and Lessee's records to confirm Lessee's compliance with this Lease. 6. Care. Use. and Maintenance. Lessee shall, at Its expense,.at all times during the term of this Lease, keep the Equipment clean, serviced, and maintained in good operating order, repair, condition, and appearance in accordance with Lessors manuals and other instructions received from Lessor. Lessee will not use or operate the Equipment,or permit the Equipment to be used or operated,in violation of any law,ordinance or governmental regulations. The Equipment will be used and operated only as golf cars. Lessee shall safely store the Equipment when not in use and properly secure it at night and such other times when the golf course on which the Equipment is used is closed to play, and Lessee shall be solely responsible for such storage and safekeeping. If the Equipment is electrical, Lessee shall provide sufficient and adequate electrical charging outlets and water facilities forthe batteries which are a part of the Equipment. 7. Insurance. Effective upon delivery of the Equipment to Lessee and until the.Equipment is returned to Lessor as provided herein. Lessee relieves Lessor of responsibility for all risk of physical damage to or loss or destruction of all the Equipment, howsoever caused. During the continuance of this Master Lease, Lessee shall at Its own expense, cause to be carved and maintained with respect to each item of Equipment designated In each Equipment Schedule public liability insurance in an amount of not less then $1,000,000, and casualty j insurance, in each case in amounts and against risk customarily insured against Lessee in similar equipment and, in amounts and against l risk acceptable to Lessor. All policies with respect to such insurance shall name Lessor as additional insured and as loss payee,and shall provide for at least thirty (30) days' prior written notice by the underwriter or insurance company to Lessor in the event of cancellation or expiration of any such policies. Lessee shall,upon request of Lessor,furnish appropriate evidence of such insurance to Lessor. Lessee shall bear the entire risk of loss, theft, destruction or damage to the Equipment from any cause:whatsoever and shall not be relieved of the obligation to pay the total of the monthly payments or any other obligation hereunder because of any such occurrence. In the event of j damage to any Item of Equipment leased hereunder, Lessee, at its sole expense, shall immediately place the same in'good repair and operating condition. In no event shall Lessor a liable for any loss of profit,damage, loss, defect or failure of any item of Equipment:or the time which may be required to recover,repair,service,or replace the item of Equipment. 8. Storage. Lessee shall store the Equipment in such a manner as to prevent theft or damage from weather and Vandalism. 9. Title. Title to the Equipment shall at all times remain with the Lessor. Lessee acquires only the interests of Lessee expressly described in this Lease, the applicable Equipment Schedule, and the riders attached hereto. Lessee shall not remove, move, or cover over in any manner any serial number on the Equipment. Lessee shall keep all Equipment free from any marking or labeling which might be interpreted as a claim of ownership thereof by Lessee or any party other than Lessor or anyone so claiming through Lessor. 10. Warranties. The Equipment is warranted only in accordance with the manufacturers warranty. EXCEPT AS EXPRESSLY PROVIDED IN THE MANUFACTURER'S WARRANTY, LESSOR DISCLAIMS ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INTERFERENCE. Page 2 of 4 MLSE0906 11. Alterations and Attachments. Lessee may,with Lessor's prior written consent,make such cosmetic modifications to the Equipment as Lessee may deem desirable in the conduct of its business; provided, however, that such alterations shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof; and provided, further, that such modification shall be removable without causing damage to the Equipment. Upon return of the Equipment to Lessor, Lessee shall, if Lessor so elects, remove such modifications which have been made and shall restore the Equipment to its original condition, normal wear and tear and depreciation excepted. 12. Taxes. Lessee shall cooperate with Lessor in all reasonable respects necessary in order for Lessor to qualify for any exemption or exclusion from personal property tax on the equipment or sales or use tax on the leasing of the Equipment to Lessee hereunder. In the event that any such tax becomes payable by Lessor during the term of this Lease,Lessee shall pay to Lessor as additional rent,promptly on receipt of Lessor's invoice therefor, an amount equal to such tax. Lessee shall collect and remit any and all sales, use,and other taxes payable in any stale,county,or city in respect of the rental or other use of the Equipment by Lessee. 13. Indemnity: Notice of Claim. Lessee shall be liable for, and hereby indemnifies Lessor and holds Lessor harmless from and against, any and all daims, costs,expenses, damages, losses,and liabilities(including,with limitation, attorneys'fees and disbursements)arising in any way from the gross negligence or misconduct of Lessee or Lessee's agents and independent contractors,or their respective employees. Lessee shall give Lessor prompt written notice of any claim arising out of the possession,leasing,renting,operation,control,use,storage, or disposition of the Equipment and shall cooperate in all reasonable respects at Lessee's expense in investigating, defending, and resolving such claim. 14. Return of Equipment. Upon the termination of an Equipment Schedule for any reason, unless Lessee is thereupon purchasing the Equipment from Lessor, Lessee shall make the Equipment available for Inspection and pick up by Lessor or Dealer at Lessee's location at which the Equipment was used hereunder. The Equipment shall be returned to Lessor at the termination of this Lease in the same operating order, repair, condition, and appearance as when received by Lessee, less normal depredation and wear and tear(which shall not include damaged or missing Was or Wheels). 16, Defaults. The occurrence of anyone or rmre of the following events shall constitute an"Event of Default"under this Lease: (a) default by Lessee In the payment of any installment of rent or other charge payable by Lessee under any Equipment Schedule as and when the same becomes due and payable;or (b) default by Lessee in the performance of any other material term, covenant or condition of this Lease, any for a period of 10 days after notice;or (c) A petition under the Bankruptcy Code or under any other insolvency law providing for the relief of debtors shall be filed by or against Lessee;or (d) The voluntary or involuntary making of any assignment of a substantial portion of its assets by Lessee for the benefit of creditors shall occur; a receiver or trustee for Lessee or for Lessee's assets shall be appointed; any formal or informal proceeding for dissolution,liquidation,settlement of claims against or winding up of the affairs of Lessee shall be commenced; or (e) Lessee shall default under any other lease or agreement between Lessee and Lessor or any of its assignees hereunder;or (f) Lessee shall suffer a material adverse change in its financial condition from the date hereof, and as a result thereof Lessor deems itself or any of the Equipment to be insecure. 16. Remedies. Upon the occurrence of an Event of Default,Lessor,at its option,may pursue any one or more of the following remedies,in Ali such order or manner as Lessor determines, each such remedy being cumulative and not exclusive of any other remedy provided herein or under applicable law: (a) terminate all or any portion of the Equipment Schedules to this Lease; (b) with or without terminating this Lease, take possession of the Equipment, with or without judicial process, Lessee hereby granting Lessor the right and license to enter upon Lessee's premises where the Equipment is located for such purpose; (c) proceed by appropriate court action, either at law or In equity,to enforce performance by Lessee of the applicable covenants and terms of this Lease, or to recover from Lessee any and all damages or expenses, including reasonable attorneys'fees, which Lessor shall have sustained by reason of Lessee's default in any covenant or covenants of this Lease,or on account of Lessor's enforcement of its remedies thereunder,without limiting any other damages to which Lessor may be entitled, Lessor shall be entitled upon an Event of Default to damages in an amount equal to all Rent then due but unpaid, plus the aggregate amount of Rent thereafter coming due for the remaining term of this Lease,plus Lessors costs and expenses of pursuing Its remedies hereunder (including, without limitation, attorneys' fees), minus all amounts received by Lessor after using reasonable efforts to sell or re-lease the Equipment after repossession or from any guaranty by the Dealer or any third-party; and (d) sell the Equipment or enter into a new lease of the Equipment. No delay by Lessor in pursuing any remedy shall be treated as a waiver of or limitation on such remedy or any other remedy. 17. Assignment. Neither Lessee nor Lessor shall transfer, assign, or sublease(except for rentals to players as contemplated hereunder in the ordinary course of business), or create, incur, assume, or permit to exist any security interest, lien, or other encumbrance on, the Equipment,this Lease,or any interest of Lessee therein. 18. Lessee's Representations and Warranties. Lessee represents and warrants to Lessor that: (a) Lessee has the authority under applicable law to enter into and perform this Lease and each Equipment Schedule and rider hereto;(b)Lessee has taken all necessary action to authorize its execution, delivery, and performance of this Lease and each Equipment Schedule and rider hereto; (c)the Lease and each , Equipment Schedule and rider hereto have been duly executed and delivered by an authorized signatory of Lessee and constitute Lessee's legal,valid,and binding obligations,enforceable in accordance with their terms; (d)adequate funds have been budgeted and appropriated to enable Lessee to make all payments required under each Equipment Schedule to this Lease during the first twelve months of the term hereof;and(a)interest paid on indebtedness of Lessee held by Lessor would be excluded from Lessors income for U.S.federal income tax purposes. I Page 3 of 4 MLSE0906 19. Non-Aoerooriation of Funds. Notwithstanding anything contained in this Lease to the contrary,in the event no funds or insufficient funds are budgeted and appropriated or are otherwise unavailable by any means whatsoever for Rent due under the Lease with respect to a Equipment Schedule in any fiscal period after the period in which the term of the lease with respect to such Equipment Schedule commences,Lessee will immediately notify Lessor in writing of such occurrence and the Lessee's obligations under the Lease shall terminate on the last day of the fiscal period for which appropriations have been received or made without penally or expense to Lessee,except as to(1) the portions of Rent for which funds shall have been budgeted and appropriated or are otherwise available and (it)Lessee's other obligations and liabilities under the Lease relating to the period,or accruing or arising, prior to such termination. In the event of such termination,Lessee agrees to peaceably surrender possession of the Equipment to Lessor on the date of such termination in the manner set forth In the Lease and Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Notwithstanding the foregoing, Lessee agrees(1)that It will not cancel the Lease and the Lease shall not terminate under the provisions of this section if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment or services performing functions similar to the functions of the Equipment for the fiscal period in which such termination would have otherwise occurred or for the next succeeding fiscal period, and (if)that it will not during the Lease term give priority in the application of funds to any other functionally similar equipment or to services performing functions similar to the functions of the Equipment. This section is not intended to permit Lessee to terminate the Lease in order to purchase, lease, rent or otherwise acquire the use of any other equipment or services performing functions similar to the functions of the Equipment,and if the Lease terminates pursuant to this section, Lessee agrees that prior to the end of the fiscal period Immediately following the fiscal period in which such termination occurs, it will not so purchase, lease, rent or otherwise acquire the use of any such other equipment or services. 20. Binding Effect:Successors and Assigns. This lease and each Equipment Schedule and rider hereto shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and permitted assigns. All agreements and representations of Lessee contained in this Lease or in any document delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Lease and the expiration or other termination of this Lease. 21. Notices. Any notice,request or other communication to either party by the other shall be given in writing and shall be deemed received only upon the earlier of receipt or three days after mailing if mailed postage prepaid by regular mail to Lessor or Lessee,as the case may be, at the address for such party set forth in this agreement or at such changed address as may be subsequently submitted by written notice of either party. 22. Governing Law. This Lease and each Equipment Schedule and rider hereto shall be governed by and construed in accordance with the laws of the Stale where Lessee's principal administrative offices are located without giving effect to the conflicts of laws principles of such state. 23. Severability, In the event any one or more of the provisions of this Lease or any Equipment Schedule or rider hereto shall for any reason be prohibited or unenforceable in any jurisdiction, any such provision shall, as to such jurisdiction,be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 24. Signed Countemarts. The parties agree that this Lease may he signed in counterparts,that delivery of an executed counterpart of the signature page to this Lease by fax,email or other electronic means shall be as effective as delivery of a manually executed counterpart, and any failure to deliver the original manually executed counterpart sent by fax, email or other electronic means shall not affect the validity, enforceability or binding effect of this Lease. Notwithstanding any other provision of this Lease, the sole original of this Lease shall be the Lease bearing the manually executed signature of the Lessor. The Lessee, by making any payment required under this Lease ratifies all of the terms of this Lease/Agreement. 25. Article 2A. To the fullest extent permitted by applicable law,Lessee waives any and all rights and remedies conferred by Sections 2A- 508 through 2A-522 of Article 2A of the Uniform Commercial Code in effect in the state designated in Section 26 below,except to the extent that such right or remedy is expressly granted to Lessee herein. 26. Status of Limitations. Any action by Lessee against Lessor or Dealer for any breach or default under this Lease must be commenced within one year after the cause of action accrues. 27. Entire Agreement. This Lease and all Equipment Schedules and riders hereto constitute the entire agreement between Lessor and Lessee with respect to the subject matter hereof,and there are no agreements,representations,warranties,or understandings with respect to such subject matter except as expressly set forth herein and therein. No alternation or modification of this Lease or any Equipment Schedule or rider hereto shall be effective unless it is in writing and signed by Lessor and Lessee. IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease to be executed on the date first above written. SAMPLE NAME YAMAHA MOTOR CORPORATION, U.S.A.as Lessor as Lessee By: By: --- Print Name: Print Name: Pat Breene Title: Title: Vice President Page 4 of 4 MLSE0906 EXHIBIT A EQUIPMENT SCHEDULE# XXXXX Dated Oi/owoo9 1. This Schedule covers the following property("Equipment'): 1 MODEL YAMAHA GOLF CAR(S) 2. Location of Equipment: DBA NAME HERE XXXX COURSE ADDRESS CYPRESS,CA 90630 3. The Lease term for the Equipment described herein shall commence on Januay 01,2009 and shall consist of 48 months from the first day of the month following said date. 4. Rental payments on the Equipment shall be in the following amounts,payable on the following schedule: 48 MONTHLY PAYMENTS IN THE AMOUNT OF$1.00(APPLICABLE TAXES TO BE BILLED). STARTING JANUARY 2009 AND ENDING DECEMBER 2012. DUE THE 1ST DAY OF THE MONTH AS FOLLOWS: Jan-09$1.00 Jan-10$1.00 Jan-11$1.00 Jan-12$1.00 Feb-09$1-00 Feb-10$1.00 Feb-11$1.00 Feb-12$1.00 Mar-09$1.00 Mar-10$1.00 Mar-11$1.00 Mar-12$1.00 Apr-09$1.00 Apr-10$1.00 Apr-11$1.00 Apr-12$1.00 May-09$1.00 May-10$1.00 May-11$1.00 May-12$1.00 Jun-09$1.00 Jun-10$1.00 Jun-11$1.00 Jun-12$1.00 Jul-09$1.00 Jul-10$1.00 Jul-11$1.00 Jul-12$1.00 Aug-09$1.00 Aug-10$1.00 Aug-11$1,00 Aug-12$1.00 Sep-09$1.00 Sep-10$1.00 Sep-11$1.00 Sep-12$1.00 Oct-09$1.00 Oct-10$1.00 Oct-il$1.00 Oct-12$1.00 Nov-09$1.00 Nov-10$1.00 NOV-11$1.00 Nov-12$1.00 Dec-09$1.00 Dec-10$1.00 Dec-11$1.00 Dec-12$1.00 5. Interest Factor: 9.0 % ' 6. Other Terms: Lessee agrees to reimburse Lessor, who shall pay any assessed property taxes due on the equipment leased pursuant to Section 12 of the Master Lease Agreement. Yamaha is not obligated to perform or provide any service,under any circumstances under the terms of the lease agreement.Service is the responsibility of the Lessee. Failure by Lessee to maintain or service the equipment consistent with the terms of the Master Lease Agreement shall not relieve Lessee of the responsibilities under the Master Lease l Agreement. Signed Counterparts: The parties agree that this Lease may be signed in counterparts,that delivery of an executed counterpart of the signature page to this Lease by fax,email or other electronic means shall be as effective as delivery of a manually executed counterpart, mid any failure to deliver the original manually executed counterpart sent by fax,email or other electronic means shall not affect the j validity,enforceability or binding elPect of this Lease. Notwithstanding any other provision of this Lease,the sole original of this Lease shall be the Lease bearing the manually executed signature of the Lessor. The Lessee,by making any payment required under this Lease ratifies all of the terms of this Lease/Agreement. This Equipment Schedule is issued pursuant to the Master Lease dated, January Ol,2009 (the "Lease"), All of the terms and conditions, representations and warranties of the Lease are hereby incorporated herein and made part hereof as if they were expressly set forth in this Equipment Schedule and this Equipment Schedule constitutes a separate lease with respect to the Equipment described herein. LESSEE: SAMPLENAME LESSOR: YAMAHA MOTOR CORPORATION, U.S.A. By. Signature ---.._ By . Name: Name: Pat Breene Type or Print - Vice President Title: Title: YAMAHA MOTOR CORPORATION, U.S.A. COMMERCIAL CUSTOMER FINANCE 6555 Katella Avenue, Cypress, CA 90630 (800) 551-2994, Fax(714) 761-7363 E-MAIL: Donna_Hennessy@yamaha-motor.com NAME OF INSURANCE AGENT: February 10,2009 ADDRESS: Please Reference our Quote# XXXXX PHONE: FAX: RE. DBA NAME HERE _ (Customer)Account# Gentlemen: The Customer has leased or will be leasing equipment from Yamaha. The Customer is required to provide Yamaha with the following insurance coverage: "All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest, in an amount not less than the full replacement cost of the property, with Yamaha named as LOSS PAYEE. Public Liability Insurance naming Yamaha as an ADDITIONAL INSURED with the proceeds to be payable first on the Behalf of Yamaha to the extent of its liability, if any. The amount of the Public Liability Insurance shall not be less than $1,000,000.00 combined single limit. Each policy shall provide that: (i) Yamaha will be given not less than thirty(30)days prior written notice of cancellation or non-renewal, (ii) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the policy and(iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of the policy or the Customer's application therefore. A Certificate evidencing such coverage should be mailed to Yamaha at the following address. Yamaha Motor Corporation, U.S.A. Attn: Commercial Customer Finance 6555 Katella Ave Cypress, CA 90630 Your Prompt attention will be appreciated. Very Truly Yours, i Equipment Covered: 1 MODEL YAMAHA GOLF CAR(S) _SAMPLE NAME (Name of Debtor/Lessee) By: Equipment Location: (Signature of Authorized Officer) XXXX COURSE ADDRESS CYPRESS, CA 90630 Title: KENT Agenda Item: Consent Calendar - 7M TO: City Council DATE: October 2, 2012 SUBJECT: Guiberson Reservoir Replacement - Consultant Services Agreement with Gray & Osborne - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Gray & Osborne, Inc. in an amount not to exceed $259,642 to provide Engineering services for the Guiberson Reservoir Replacement, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Guiberson Reservoir is over 70 years old and needs to be replaced. Gray & Osborne, Inc. was selected to perform the design for the new reservoir. Under a previous contract, Gray & Osborne, Inc. provided the City with the conceptual design and recommendations for the new reservoir. This contract is for design of the new 7 million gallon reservoir. Design of reservoirs is highly specialized work requiring expertise in structural, electrical and hydraulic engineering. Gray & Osborne, Inc. was selected because of their experience in designing reservoirs of this size and scope. The recently completed 640 Zone reservoir was designed by Gray & Osborne, Inc. Kent Engineering staff will complete the site design around the reservoir, along with the plans, specifications and engineer's estimate. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Funds for design work have been included in the 2012 water budget. EXHIBIT A SCOPE OF WORK CITY OF KENT GUIBERSON RESERVOIR DESIGN PROJECT UNDERSTANDING The City is planning on replacing the existing Guiberson Reservoir with a new, larger reservoir at the same location. The existing 3 MG concrete reservoir will be demolished and a 6 to 8 MG partially buried concrete reservoir will be built to replace it. The reservoir will operate at the same hydraulic grade as the existing reservoir. ITEMS OF WORK The major items of work anticipated for this project follow. Predesign Report A predesign report is a required element for the Washington State Department of Health approval process per WAC 246-290. The report will contain an analysis for sizing the reservoir features and control options. The basis of the predesign report will be the preliminary analysis and technical memorandum that Gray & Osborne is currently completing under an existing contract. Conditional Use Permit Since the new reservoir will be replacing an existing reservoir in the same location, a conditional use permit is not required unless the new structure does not conform to existing zoning requirements. Design The project will be designed for a partially buried, circular, concrete reservoir. The reservoir will be approximately 220 feet in diameter with a water depth of approximately 25 feet. The reservoir will have a concrete minimally sloped conical roof supported by a system of columns from the floor to the roof. The floor will be a structural slab on grade with primary reinforcement. The roof will be a concrete slab of uniform thickness with structural reinforcement in both directions. Columns will include a capitol plate (thickened slab) and base plate. Reservoir access will be via roof hatches. The reservoir will be constructed to City and AWWA codes, and shall be designed to the proper seismic factor for the site. Preliminary information indicates that the seismic factor will be approximately 25 percent of the structure load and content weight. c&O#12413.00 Page I of 5 Gray & Osborne will work closely with standard reservoir designers, such as DN Tanks, to ensure constructability. The reservoir will have such features as stairway access, interior platforms, lighting, and handrails. The inlet and outlet will be designed to protect water quality and minimize stagnation, although the design will include a mechanical mixer that will provide the primary mixing. The inlet design will include spray nozzles similar to existing. If possible, the outlet design will include an outlet vault with stair access for seismic accessories, sampling, and outlet line access. The reservoir design will include a sloped floor to facilitate cleaning with an underdrain system with a central collection point for monitoring. The reservoir drain will have a sump and a dechlorination structure. The site improvements designed under this contract will include revised site grading, new fencing, landscaping, lighting, and site security. Shoring design criteria will be provided by the geotechnical engineer and will be included in the contract documents. The design will also include reservoir color and surface features to improve reservoir aesthetics and a landscaping plan; work provided by a subconsultant to Gray & Osborne. The project will also include an evaluation of the existing metering and flow control components for the reservoir inlet and outlet based upon the probable range of flows. If needed, the design will include new subsurface components for flow control and seismic considerations contained in vaults with stair access. The project will also include a new control building, new electrical service, and backup generator. The generator will be contained in a canopy per City standard design. The project will also include the design of up to three groundwater monitoring wells. Approvals The plans and accompanying building permit documentation will be prepared in a format acceptable by the City of Kent Building Department. The Predesign Report and contract documents will be sent to the Department of Health for review and approval. Contract Documents The contract documents will be prepared to include comments from the City and Department of Health reviews for bidding and construction. Gray & Osborne will provide technical support during the bidding phase of the project, will prepare and distribute addenda to the contract documents as needed, will review bids for mathematical correctness and compliance with bidder responsibility criteria, and will make recommendation to award the project. Gray & Osborne will provide the plans technical specifications, while the City of Kent will provide the remaining contract manual. G&o#12413.00 Page 2 of 5 SCOPE OF WORK Phase I—Predesign Report I. Reservoir sizing evaluation. 2. Site layout with piping design. 3. Preliminary structural design. 4. Preliminary site stormwater system design and report. 5. Reservoir appurtenances. 6. Electrical and telemetry requirements. 7. Project schedule. 8. Project cost predesign level estimates. 9. Conceptual design including: a. Site plan; b. Site piping, including existing and proposed water main piping and existing and proposed storm drainage; C. Reservoir plan, elevation, and sections; d. Electrical; e. Telemetry; and f. Site improvements and security features. Phase II—Design Tasks will include: 1. Development of 50 percent and 90 percent plans for City review and incorporation of City comments into plans. 2. Preparing specifications in CSI format. 3. Design including: a. Maximum flexibility in piping to maintain existing spray aeration scheme; b. Designing reservoir to comply with AWWA D110 or D115 for concrete reservoirs, which includes leakage standards; c&O ui2413.00 Page 3 of 5 C. Structural calculations; d. Details of all critical or complex areas of design; e. Exterior architectural features; and f. Electrical and controls including a control building, auxiliary generator, and electrical service. 4. Landscape design including: a. Meetings with City staff for conceptual landscaping design; b. Submittal and review of conceptual landscape design; C. Preparation of landscape design public involvement materials: i. Provide up to two photosimulations of landscape design for public meeting, ii. Provide one illustrative planting plan and plant palette for public meeting, and iii. Provide one set of revisions for follow-up public meeting; d. Provide 50 percent landscape and irrigation plans, specifications, and cost estimate; e. Provide 90 percent landscape and irrigation plans, specifications, and cost estimate; and f. Provide 100 percent landscape and irrigation plans, specifications, and cost estimate incorporating City comments. 5. Site demolition, earthmoving, and construction considerations including: a. Discussions with City staff for demolition of the existing structure and handling of excavated soils; and b. Coordinating two site visits with contractors of the City's choice to review site construction issues prior finalizing the design and construction documents. 6. Preparing cost estimates. 7. Meeting with City staff at the 50 percent and 90 percent design levels to review project design. Phase III—Approvals Tasks will include: 1. Preparation and submittal of City of Kent building permit. 2. Submittal of predesign report and contract documents to the Department of Health for approval. 3. Attendance at one public meeting. G&O N 12413.00 Page 4 of 5 Phase IV—Contract Documents Tasks will include: 1. Incorporating all review comments from the City and Department of Health into the final plans and specifications. 2. Preparing final contract documents. 3. Preparing cost estimate. 4. Submitting contract documents for City review. 5. Preparing addenda as required in response to bidders' questions. 6. Answering bidder questions as related to engineering issues. 7. Attending a prebid meeting if required. 8. Assisting with bidding and bid opening. 9. Providing recommendation to award. INFORMATION TO BE PROVIDED BY THE CITY • The design will be based upon the Geotechnical Report prepared by GeoEngineers and provided to Gray & Osborne by the City. • All site and topographical survey will be provided by the City as requested by Gray & Osborne. • All telemetry standards will be provided by the City and incorporated into the construction documents by Gray & Osborne. G&O 412413.00 Page 5 of 5 EXHIBIT B ENGINEERING SERVICES SCOPE AND ESTIMATED COST City ojKent-Guibersmr Reservoir Design Project Structural Electrical CADD Principal Mgr. Civil Eng. Eng. Eng. Tech. 'Tasks lions flours Hours Hours Horns Hours Phase I.-Predesi n Review of Geotechnical Study and Report 1 2 2 8 Review of Reservoir Sizing and Design Parameters 1 4 20 2 Preliminxy Reservoir Design 4 8 40 8 Prelimmay Electrical and Telemetry Design 1 2 4 24 Conce tual Design Drawings 2 8 24 6 8 40 Project Schedule 1 4 2 Project Cost Estimate 2 4 16 QA/QC 4 4 6 4 4 City Staff Review q 8 8 Prepare Predesi n Report for DOII Review and Approval 2 2 32 4 2 Subtotal(lour Estimate: 22 46 154 32 38 40 Phase It-Design Site Development 6 8 40 40 Site Storm Drainage 4 12 60 60 Site Pining 4 12 40 40 Site Excavation and Contractor Site Visits 8 40 80 16 40 Coordination with Geotechnical Engineer on Sharing Re uirements 2 6 12 12 20 Reservoir Design and Specifications 8 24 80 80 80 Control Building Design 2 4 4 24 Electrical and'Felemetry Design and Specifications 2 6 80 80 Project Cost Estimate 2 4 4 8 q QA/QG 50%and 90% 8 8 8 8 8 City Staff Reviews 50%and 90o/ 8 8 8 4 4 Subtotal hour Estimate: 54 132 336 552 96 360 Phase III-Approvals preparation of City of Kent Building Permit Application 2 4 16 20 12 Submittal ofApplication 1 2 4 Response to Comments 2 8 12 24 Submittal of Predesign Report and Plans to DOII for Review and 2 4 8 g Approval and Response to Comments preparation for and Attendance at One City of Kent Public Meeting 6 6 12 Subtotal Hour Estimate: 7 24 46 44 0 32 Phase IV-Contract Documents Final Plans and Specifications 4 8 24 20 12 40 En incer's Cost Estimate 2 4 4 2 2 QA C 4 8 8 4 4 City Staff Review 4 4 4 Allen Prebid Meetin 4 q Assist in Bidding,Bid Opening,and Recommendation to Award 8 8 4 q 8 Subtotal Hour Estimate: 14 36 52 30 22 48 Hour Estimate: 97 238 588 258 156 480 Estimated HourlyRates: $56 $46 $36 $46 $50 $28 Direct Labor Cost $5,432 $10,948 1 $21,168 1 $11,868 J $7,800 1 $13,440 Subtotal Direct Labor: $ 70,656 Indirect Costs(180%): $ 127,181 Total Labor Cost: $ 197,837 Fee(15%): $ 29,676 Subtotal Labor&Pees: $ 227,512 Direct Non-Salary Cost: Mileage&Expenses(Mileage @$0.55/mile) $ 500 Printing $ S00 Subconsultant: Hough Beek&Baird Landscape Architects $ 28,300 Subconsultant Overhead(10%) $ 2,830 TOTAL,ESTIMATED COST: S 259,642 G&O#12413.00 Page I of I KENT Agenda Item: Consent Calendar - 7N TO: City Council DATE: October 2, 2012 SUBJECT: Property Acquisition Negotiations, SE 256th, Consultant Services Agreement with Tierra Right of Way Services LTD - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Tierra Right of Way Services LTD in an amount not to exceed $24,460 to provide negotiation services to acquire property along SE 256th Street, 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 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 the 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. This consultant would be used to negotiate the final terms of any agreement with the property owner that cannot be closed using City staff. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Funding for this contract is included in the existing project budget. E F T I F I E p I L A N D S E R V I C E S C O R P O R A T I O N ...... .._........... ..._.-------- June 27, 2012 Ingrid Willms-Dixon, Project Analyst City of Kent 400 West Gowe Kent, WA 98032-5895 RE: Right of Way Negotiations: SE 256th Street Dear Ms Willms-Dixon; Thank you for the opportunity to submit this letter of interest and statement of qualifications to you for consideration as a provider of Right of Way Negotiations on the SE 256th Street project. CERTIFIED Land Services has extensive experience providing municipalities, agencies, utility companies and others with right of way advisory services as well as acquisition, relocation, records management and property management. We are able to provide turnkey projects or ala carte services, depending on our clients project needs. Since 1999, we have been helping clients and property owners find common ground so that vital projects like yours can move forward on schedule. We have had the pleasure of working for and with the City on several projects in the past and would welcome the opportunity to work with the City again. We believe our work for the City of Kent has been accurate and cost effective, and our delivery record on all projects is excellent. In general, our record of delivering projects on time and within budget is impressive. When choosing a name for this company we decided that ultimately, the most important part of a project is the ability to certify it with funding agencies, hence, the name of CERTIFIED Land Services. We work hard to minimize your risk by doing our work in a manner that not only involves and engages all stakeholders, but also is mindful of the need of the client to ensure the project meets all funding requirements of certification. We hope we will have the opportunity to discuss our qualifications with you in greater detail. Please contact us if you would like additional information. Respectfully, CE F E nd Services Corporation s R .1 i� r President Enclosures 461 9 371h Avenue SW • Seattle , WA 981 26 Phone:206.287.9858 Fax: 206.938-6717 e-mail: info@certifiedlandservices.com !�.._ . I v d �3 L A N D S E R V I C E S C O R P O R A T I O N SCOPE OF WORK: City of Kent SE 256th Street Project Overview. The project consists of: • Acquiring 10 Slope Easements of varying widths from single family residential private property. There is no relocation of persons or personal property on this project. State and federal funds are not currently, but may be involved in the future of this project requiring strict adherence to Federal Highways Administration policies and procedures as well as all applicable federal, state and local laws including, but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and it's amendments, 49CFR Part 24, and state Revised Statutes. Work will be in accordance with the WSDOT Local Agencies Guidelines and by reference the WSDOT Right of Way Manual parts 1 &2. CERTIFIED will work closely with all project stakeholders including project managers and staff, engineering project managers and designers,property owners and their representatives and the public. Schedule and Approach to Work. Construction is anticipated to commence in late 2012 or early 2013, but as soon as possible. While the construction start schedule is aggressive, if we plan this work well, phase it to coincide with completion of appraisals and coordinate all activities closely we should be able to make deadline as planned. �M� L A N D S E R V I C E S C O R P O R A T 1 O N SCOPE OF WORK: City of Kent SE 256th Street j TASKS7771 Task 1— Project Management Assumptions: • The City will act as general right of way project manager. • CERTIFIED will provide staff management/advisory time for its staff, but will not consider itself in any way the project manager for the project. 1.1.1 Prepare a project schedule for the right of way phase. Monitor and update the schedule as needed. 1.1.2 Prepare and submit a weekly status report and a monthly progress report will be included with our invoice. Our reports will include identification of work performed in the previous month's schedule, measures for mitigating schedule slippage, if necessary, and identification and discussion of potential problems that may arise, including issues resolution. 1.1.3 Manage quality in coordination with the City's Project Manager. 1.1.4 Submit detailed monthly invoices. Task 2 - Preparation CERTIFIED staff will review all documents, files, maps, title reports, legal descriptions and other information provided. Errors, questions and clarifications will be reviewed and discussed. Task 5 — Administrative Assumptions: • All forms and conveyance documents will be WSDOT templates, or as preferred and provided by the City. 5.1.1. The City will provide signature ready legal documents and offer packages for all parcels. 5.1.2. The City will provide title commitments for each parcel with Schedule B showing exceptions listed. 5.1.3. The City will provide all legal descriptions. 5.1.4. The City will provide approved right of way and or exhibit maps for the project. 5.1.5. CERTIFIED staff will maintain all records, files, documents and reports in accordance with statutory and WSDOT guidelines and regulations. 5.1.6. CERTIFIED will provide the City with written status reports on a weekly basis and will provide verbal status reports on demand, as requested. Task 6 - Negotiation Assumptions: • CERTIFIED agents will act in good faith at all times. • CERTIFIED staff will never coerce owners in an attempt to settle parcels • CERTIFIED will provide the City with an Administrative Settlement Letter for all requested administrative settlement. • CERTIFIED staff will work whatever hours are necessary, including evenings and weekends, to make themselves available to owners and their representatives. 6.1.1. CERTIFIED will prepare offer letters for all parcels. 6.1.2. CERTIFIED agents will make at least 3 personal contacts with each owner with the intent of reaching settlement for the conveyance of property or property I L A N D S E R V I C E S C O R P O R A T I O N SCOPE OF WORK: City of Kent SE 256th Street i rights needed from each parcel. As many contacts as needed to reach settlement will be made, until it is mutually agreed between the City and CERTIFIED that negotiations should be suspended or given to the City Attorney to pursue eminent domain actions. 6.1.3. CERTIFIED staff will explain the offer verbally and in writing. 6.1.4. CERTIFIED staff will provide detailed written diaries for each parcel 6.1.5. CERTIFIED staff will transmit organized parcel files containing all pertinent information, documents, forms, diaries, and Disclaimer Statements. 6.1.6. CERTIFIED staff will prepare a condemnation summary memo for any parcel that the City deems it is necessary to acquire through the exercising of its power of eminent domain. Task 7 — Relocation Assumptions: • There are no relocations on this project. • Sign relocations will be considered cost to cure items addressed in appraisals and negotiations, Task 8 - Closing and Conveyance Assumptions: • Title Clearance is not required on easement parcels. 8.1.1. CERTIFIED will provide the City with complete files at the close of negotiations for each parcel. Included in our transmittal packages will be conveyance documents ready for the city to record. I _ E .3 L A N D S E R V I C E S C O R P O R A T I O N SCOPE OF WORK: City of Kent SE 256t" Street COST ESTIMATE This proposal is based on charging only for those hours worked. The outline of tasks and hours provided above are a guide to our understanding and approach to work. PROJECT MANAGEMENT Senior Project Manager: 10 hours @ $154 per hour = $1,540 (Based on 4 hours each fee parcel and 1 hours each slope easement parcel.) NEGOTIATION Senior Acquisition Agent: 160 hours @ $95 per hour = $15,200 (Based on 36 hours each fee parcel and 16 hours each permanent slope easement parcel.) Administrative Support: 5 hours @ $65 per hour = $325 TITLE REPORTS/PAYMENVIrO OWNERS Title Reports will be provided by the City and are not included in this cost estimate. The overall project scope of work calls for the City to pay directly for any escrow services and payments of just compensation to the property owners. REIMBURSABLES In addition to the above costs, reimbursable costs such as mileage, postage, phone and fax charges, or other reasonable costs will be billed at straight cost. Estimated Reimbursables = $1,250 TOTAL ESTIMATED COSTS = $18,315 NOTE: IT IS OUR COMMITMENT TO PROVIDE YOU WITH EFFECTIVE AND COST EFFICIENT SERVICE. SINCE WE WERE Ii ASKED TO PROVIDE A NOT TO EXCEED COST ESTIMATE, WE HAVE PROVIDED THIS ESTIMATE FOR YOUR BUDGETING PURPOSES, ALTHOUGH IT CANNOT BE GUARANTEED, IT IS OUR GOAL TO DELIVER THIS PROJECT WELL WITHIN THE ABOVE TOTAL ESTIMATED COSTS. WE WILL UNDER NO CIRCUMSTANCES EXCEED THIS ESTIMATE WITHOUT YOUR FULL CONSENT AND APPROVAL. AUTHORIZATION The scope of services and contractual conditions as described in this proposal are accepted and CERTIFIED Land Services Corporation is authorized to proceed. By Signature* Printed Name For Firm/Municipality* Date *Name of person with contractual authority and firm responsible for payment of CERTIFIED Land Services Corporation billing. KENT Agenda Item: Consent Calendar - 70 TO: City Council DATE: October 2, 2012 SUBJECT: Property Acquisition Negotiations, SE 256th, Consultant Services Agreement with Certified Land Services Corporation - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Certified Land Services Corporation in an amount not to exceed $18,315 to provide negotiation services to acquire property along SE 256th Street, 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 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 the 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. This consultant would be used to negotiate the final terms of any agreement with the property owner that cannot be closed using City staff. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Funding for this contract is included in the existing project budget. f L A N D S E R V I C E S C O R P O R A T I O N i- ........ _. __-._--........... .................... June 27, 2012 Ingrid Willms-Dixon, Project Analyst City of Kent 400 West Gowe Kent, WA 98032-5895 RE: Right of Way Negotiations: SE 256th Street Dear Ms Willms-Dixon; Thank you for the opportunity to submit this letter of interest and statement of qualifications to you for consideration as a provider of Right of Way Negotiations on the SE 256"' Street project. CERTIFIED Land Services has extensive experience providing municipalities, agencies, utility companies and others with right of way advisory services as well as acquisition, relocation, records management and property management. We are able to provide turnkey projects or ala carte services, depending on our clients project needs. Since 1999, we have been helping clients and property owners find common ground so that vital projects like yours can move forward on schedule. We have had the pleasure of working for and with the City on several projects in the past and would welcome the opportunity to work with the City again. We believe our work for the City of Kent has been accurate and cost effective, and our delivery record on all projects is excellent. In general, our record of delivering projects on time and within budget is impressive. When choosing a name for this company we decided that ultimately, the most important part of a project is the ability to certify it with funding agencies, hence, the name of CERTIFIED Land Services. We work hard to minimize your risk by doing our work in a manner that not only involves and engages all stakeholders, but also is mindful of the need of the client to ensure the project meets all funding requirements of certification. We hope we will have the opportunity to discuss our qualifications with you in greater detail. Please contact us if you would like additional information. Respe fully, CER ED I aryrl cervices Corporation V?I Regina Afichart President Enclosures 4 6 1 9 3 7 t h A v e n u e SW • Seattle , W A 9 8 1 2 6 Phone:206.287.9858 Fax: 206.938-6717 e-mail:info@certifiedlandservices.com Experience with the City of Kent ■ SR 181 (N.Washington Ave,) Improvements: Willis Street(SR 516)to James Street&W.Meeker Street Improvements,City of Kent Project#r 1-200101 Client"oation:City of Kent _ Contract Amount.$11,024. Completion 2001 Relevance: Senior Acquisition Agent responsible for acquisition of 21 partial takings for a road widening through a densely developed commercial area, Assignment$ Included acquisitions from the US Post OfFlce,,schools, mobile home parks, strip mails _ and individual commercial parcels. Complicating factors were negotiating the severing of a building that straddled the right of way line,and setbacks in the after that required variances and non-conforming uses of Improvements and parking, Contact: Jerry McCaughan,Property Services Manager 253.856.6581 • Development of Policies, Procedures&Forms,City of Kent Project#:1.200124 Client/Location:City of Kent Contract Amount:$1,000 Completion:2001 Relevance: standardize policies and procedures for right of way related functions for compliance with city,state and federal compliance. Responsible for reviewing current City policies and rewriting same to ensure federal and state compliance with laws,rules and policies, Prepared Real Estate Procedures Manual,which included new procedures and policies for the City to follow when acquiring any property or property rights using city,state,or federal funding. Policies were developed to reflect the philosophy of the City of Kent while fully complying with funding source regulations and requirements Contact Jerry McCaughan,Property Services Manager 253,856.6581 SE 256 Flume,City of Kent Project#:1-200133 CIIenULocation:City of Kent Contract Amount:$Hourly Completion:2002 Relevance: Senior Acquisition Agent responsible for acquiring 1 strip take in fee. Owner was uncooperative and the file was returned to the City. Contact: Jerry McCaughan,Property Services Manager 263.856.5581 ■ 132nd Street SE(Upper Meridian Valley Creek Drainage Improvements), City of Kent ProjectA 1-200245 Clientli-ocation:City of Kent Contract Amount:$2,029 Completion:2002 . Relevance: Senior Acquisition Agent responalble for acquisition of easements and construction permits from developed multi-family property and transitional residential parcels required for the project. Special.Issues were working with out of state owners, purchasing required setback area for stream enhancement and wetland mitigation areas, Contact: Jerry McCaughan,Property Services Manager 253.856.6581 ■ Soosette Creek'Improvements,City of Kent . f Project#:1-200252 Client/Location:City of Kent Contract Amount:$1,492 Completion:2002 Relevance; Senior Acquisltion Agent responsible for acquiring permanent and sensitive area easements from 2 property owners, Special Issues were p'urehasing requited setback areafor stream enhancement and Wetland mitigation areas, Contact: Jerry McCaughan,Property Services Manager 253.856.5581 ■ . On-Call Advisory Services,City of Kent Project#:1-200256 Client/Location:City of Kent Contract Amount:$5,211 Completion:2004 Relevance: Responsible for providing advisory services to the City of Kent for all aspects of right of way planning and delivery of projects that Include FHWA and WSDOT funding. Contact: Jerry McCaughan, Property Services Manager 253.856.5681 ■ James Street&Central Avenue Improvement Project,City of Kent Project#:1-200367 Client/Location:City of Kent Contract Amount:$16,974 Completion:2003, Relevance: Senior Acquisition Agent responsible for acquiring strip takes In fee,permanent utilities.easements,driveway permits,and temporary construction easements for,reconstruction of sidewalks and driveways for 5 commercial properties. A special issue that needed to be resolved was a significant problem with the title on 1 parcel. SR 99,Pacific Hwy,South,City of Kent . .. . Project#:1-200368-369 Client/Location:City of Kent Contract Amount.$94,444 Completion:2005 Relevance: Senior Acquisition Agent responsible for acquiring approximately 20 parcels in fee, slope easements, and temporary construction easements from a mix of residential, multi-family, and commercial parcels for three phases of major improvements to Highway 99 Including, High Occupancy Vehicle lanes, curb, gutter and sidewalks on each side of the new roadway. FHWA and WSDOT funds were used for this project Contact: Jerry McCaughan,Property Services Manager 253.856.6581 ■ SR 99,KeriffukwilalFederal Way Project#:1-200370 ClientlLocatlon:City of Kent Contract Amount:$ Completlon:2005 Relevance: SR 99, KentlTukwilalFederal Way. Improvements to the SR 99 corridor travel through several municipalities. Al phases of this project were local, state and federally funded. CERTIFIED was selected by the named cities to acquire all the property and property rights need for their phases of this project We have also provided ROW project management, funding source compliance advisory services, relocation planning and advisory services, interim property management, and document preparation and retention leading to certification. Considered as segments of a larger project, CERTIFIED is providing successful project delivery on more phases of his project than any other regional ROW consultant. Our work to date consists of 249+ parcels, All segments completed have been certified by WSDOT and FHWA as being in full compliance of the spirit and the laws of all funding sources and fully meeting the Uniform Act regulations. Contact: Jerry McCaughan,City of Kent 253,856.5581;Brian Shelton City of Tukwila 206.433,1800,Brian Roberts,City of Federal Way 263.835,2723 • 1161h Avenue SE Road Improvement Project,Clty of Kent Project M,1.000509 Client/Location:City of Kent Contract Amount:$28,819 Completion:2007 Relevance: Senior Acquisition Agent responsible for acquiring strip/partial takes in fee from 9 parcels, including 7 permanent easements and 2 temporary construction easements from residential and commerciallbusiness parcels. The City of Kent's 1161h Avenue SE Road improvements project consisted.of widening 1161, Avenue SE to five lanes, including sidewalks and bike lanes on both sides of the street. The installation of,a number of PSE vaults to allow the under grounding of the overhead electrical transmission itne:and,lnstallatlon of a sewer were also part of this project. Contact: Jerry McCaughan,Property Services Manager 253.856.6581 • James Street Improvements, City of Kent Project#:1-000709 ClientlLocafion: City of Kent Contract Amount-,$11,313 Completion:2008 Relevance: Senior.Acquisitiop Agent responsible for acquiring strip/partial takes in fee from 4 parcels for Contact: Jerry McCaughan,Property Services Manager 253.856.5581 • Lower Green Rivef Acquisition, City of Kent Project#.1-000710 CllentlLocation:City of Kent Contract Amount:$16,881.40, Completion:2008 Relevance: The project consists of acquisition of 1 parcel along the Green River for the City's salmon recovery project. Project involves acquisition,and residential and tenant relocations. The project had federal funds administered through the State Salmon Recovery Board;aoquisiilons and relocations followed Salmon Recovery Board guidelines. Contact: Jerry McCaughan,Property Services,Manager 253.866.5581 i i i 1 L A �N D S E R V I C E S C O R P O R A T 1 O N SCOPE OF WORK: Project Overview, The project consists of: • Acquiring 7 parlial takes in fee with temporary construction easements from commercial or multi family private property owners. • Acquiring 10 Slope Easements of varying widths from single family residential private property. There is no relocation of persons or personal property on this project. State and federal funds may be involved in this project requiring strict adherence to Federal Highways Administration policies and procedures as well as all applicable federal, state and local laws including, but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and it's amendments, 49CFR Part 24, and state Revised Statutes, Work will be in accordance with the WSDOT Local Agencies Guidelines and by reference the WSDOT Right of Way Manual parts 1 &2. CERTIFIED will work closely with all project stakeholders including project managers and staff, engineering project managers and designers, property owners and their representatives and the public. Schedule and Approach to Work. Construction is anticipated to commence in late 2012 or early 2013, but as soon as possible. We would recommend starting work with the Slope Easement parcels simply because they could be valued using a Preliminary Funding Estimate and Appraisal Waiver process intended for simple acquisitions with no anticipated damages to the remainder with estimated values under$25,000. The optional cost of a PFE is included in this cost estimate, The fee take parcels will likely be valued over$25,000, so would not qualify for a PFE(Appraisal Waiver process. While these appraisals are being done, reviewed and approved by the City we can set up parcel files, review title, prepare title clearing summaries, prepare documents and offer letters in anticipation of making offers as soon as given appraisals/reviews and statements of just compensation from the City. While the construction start schedule is aggressive, if we plan this work well, phase it to coincide with completion of appraisals and coordinate all activities closely we should be able to make deadline as planned. I E T � , Qx m..... . m_.._ ... A L A N D S E R V I C E S C O R P O R A T I O N SCOPE OF WORK: TASKS Task 1 - Project Management Assumptions: • The City will act as general right of way project manager. • CERTIFIED will provide staff management/advisory time for its staff, but will not consider itself in any way the project manager for the project. 1.1.1 Prepare a project schedule for the right of way phase. Monitor and update the schedule as needed. 1.1.2 Prepare and submit a monthly progress report that will include identification of work performed in the previous month's schedule, measures for mitigating schedule slippage, if necessary, and identification and discussion of potential problems that may arise, including issues resolution. 1.1.3 Post on line status reports and complete document files for review and real time access of status reports and diaries. 1.1.4 Manage quality in coordination with the City's Project Manager. 1.1.5 Submit detailed monthly invoices. Task 2. - Preparation • CERTIFIED staff will review all documents, files, maps, title reports, legal descriptions and other information provided. Errors, questions and clarifications will be reviewed and discussed. Task 3 - Appraisal Assumptions: • In accordance with funding source requirements CERTIFIED will determine parcels that may be acquired with appraisal waivers and those parcels that require full narrative appraisals. 3.1.1 CERTIFIED will prepare a preliminary funding estimate for the 10 Slope Easement parcels describing each parcel, its ownership, comparable property study, analysis of comps selected and statement of just compensation for City approval. Appraisal Waivers will be written for those parcels valued under $25,000 in the Preliminary Funding Estimate process. Task 4 - Appraisal Review Assumptions: • Appraisal Reviews are not necessary for PFE/Appraisal Waiver parcels valued under $25,000 according to state and federal funding source requirements. • The Citywill set just compensation for all parcels from which offers to property owners will be made. Task 5 — Administrative Assumptions: All forms and conveyance documents will be WSDOT templates, or as preferred and provided by the City. 5.1.1. CERTIFIED will provide signature ready legal documents that will be used to convey fee or temporary construction easement rights for all parcels. 5.1.2. The City will provide title commitments for each parcel with Schedule B showing exceptions listed. 5.1.3. The City will provide all legal descriptions. 5.1.4. The City will provide approved right of way and or exhibit maps for the project. i i VT �JN E � �.,i F E� L A N D S E R V I C E S C O R P O R A T I O N SCOPE OF WORK: 5.1.5. CERTIFIED staff will maintain all records, files, documents and reports in accordance with statutory and WSDOT guidelines and regulations. 5.1.6. CERTIFIED will provide the Prime and the city with written status reports on a monthly basis and will provide verbal status reports on demand, as requested. Task 6 - Negotiation Assumptions: • CERTIFIED agents will act in good faith at all times. • CERTIFIED staff will never coerce owners in an attempt to settle parcels • CERTIFIED will provide the City with an Administrative Settlement Letter for all requested administrative settlement. • CERTIFIED staff will work whatever hours are necessary, including evenings and weekends, to make themselves available to owners and their representatives. 6.1.1. CERTIFIED will prepare offer letters for all parcels. 6.1.2. CERTIFIED agents will make at least 3 personal contacts with each owner with the intent of reaching settlement for the conveyance of property or property rights needed from each parcel. As many contacts as needed to reach settlement will be made, until it is mutually agreed between the City and CERTIFIED that negotiations should be suspended or given to the City Attorney to pursue eminent domain actions. 6.1.3. CERTIFIED staff will explain the offer verbally and in writing. 6.1.4. CERTIFIED staff will provide detailed written diaries for each parcel. 6.1.5. CERTIFIED staff will transmit organized parcel files containing all pertinent information, documents, forms, diaries, and Disclaimer Statements. 6.1.6. CERTIFIED staff will prepare a condemnation summary memo for any parcel that the City deems it is necessary to acquire through the exercising of its power of eminent domain. Task 7 — Relocation Assumptions: • There are no relocations on this project. • Sign relocations will be considered cost to cure items addressed in appraisals and negotiations. Task 8 - Closing and Conveyance Assumptions: • Title Clearance is not required on parcels valued under $5,000 according to state and federal funding source requirements. • CERTIFIED will clear any liens and encumbrances that are in conflict with the City's intended use of the right of way acquired to ensure certification and that there are no conflicts of ownership or use of the land required during construction. • The City will pay property owners and/or lien holders / encumbrancers for any property or property rights acquired through the closing process. 8.1.1. CERTIFIED staff will review title for each parcel. 8.1.2. CERTIFIED will prepare any documents needed for clearing any liens or encumbrances as noted above. 8.1.3. CERTIFIED will provide the City with complete files at the close of negotiations for each parcel. Included in our transmittal packages will be conveyance documents ready for the city to record. L A N D S E R V I C E S C O R P O R A T I O N SCOPE OF WORK: COST ESTIMATE This proposal is based on charging only for those hours worked. The outline of tasks and hours provided above are a guide to our understanding and approach to work. PRO]ECT MANAGEMENT Senior Project Manager: 38 hours @ $154 per hour = $5,852 (Based on 4 hours each fee parcel and 1 hours each slope easement parcel.) NEGOTIATION Senior Acquisition Agent: 480 hours @ $95 per hour = $45,600 (Based on 40 hours each fee parcel and 20 hours each permanent slope easement parcel.) Administrative Support: 20 hours @ $65 per hour = $1,300 TITLE CLEARANCE Senior Acquisition Agent: 140 hours @ $85 per hour = $11,900 (Based on 20 hours per fee parcel.) TITLE REPORTS/PAYMENT TO OWNERS Title Reports will be provided by the City and are not included in this cost estimate. The overall project scope of work calls for the City to pay directly for any escrow services and payments of just compensation to the property owners. PRELIMINARY"FUNDING ESTIMATE CERTIFIED staff will prepare a PFE for each of the 10 parcels from which we are acquiring Slope Easements and CERTIFIED will prepare an Appraisal Waiver Summary Sheet for each parcel. 10 x $750 = $7,500 REIMBURSABLES - In addition to the above costs, reimbursable costs such as mileage, postage, phone and fax charges, or other reasonable costs will be billed at straight cost. Estimated Reimbursables = $3,000 TOTAL ESTIMATED COSTS = $67,652 NOTE: IT IS OUR COMMITMENT TO PROVIDE YOU WITH EFFECTIVE AND COST EFFICIENT.SERVICE. SINCE WE WERE ASKED TO PROVIDE A NOT TO EXCEED COST ESTIMATE,.WE HAVE PROVIDED THIS ESTIMATE FOR YOUR BUDGETING PURPOSES, ALTHOUGH IT CANNOT BE GUARANTEED, IT IS OUR GOAL TO DELIVER THIS PROJECT WELL WITHIN THE ABOVE TOTAL ESTIMATED COSTS. WE WILL UNDER NO CIRCUMSTANCES EXCEED THIS ESTIMATE WITHOUT YOUR FULL CONSENT AND APPROVAL. AUTHORIZATION ' The scope of services and contractual conditions as described in this proposal are accepted and CERTIFIED Land Services Corporation is authorized to proceed. By Signature* Printed Name For Firm/Municipality* Date *Name of person with contractual authority and firm responsible for payment of CERTIFIED Land Services Corporation billing. I I LAND SERVICES CORPORATION ... ... ...... . .. . .. STATEMENT OF QUALIFICATIONS Submitted to: City of Kent For RIGHT OF WAY ACQUISITION/NEGOTIATION SERVICES June 27, 2012 What We Do i Finding Common Ground Since 1999, CERTIFIED Land Services has been helping clients and property owners find common ground. From rights of entry to right-of-way acquisition, our team of professionals produce fair, economical and expedient results because we know it's not just about land, it's about people. We approach our mission with a human touch, and it shows —we get the job done right the first time. Range of Services CERTIFIED Land Services offers a full range of services, including: ■ Project Management and Administration ■ Project Scoping and Planning • Public Involvement and Facilitation • Obtaining Rights of Entries and Temporary Easements for Preliminary Engineering Survey Work • Funding Estimates • Research and Preparation of Relocation Plans • Negotiations/Acquisition of Residential, Commercial, and Industrial Properties • Title Evaluation and Lien Removal Services ■ Relocation Planning and Advisory Services • Relocation Calculation of Benefits for Eligible Displaced Persons or Businesses • Closing Assistance ■ Agency Certification Assistance ■ Property Management • Emergency Construction On-Call Assistance Unique Qualifications CERTIFIED Land Services Corporation has profound knowledge of market trends, conditions and governmental regulations affecting our work (including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and its amendments, 49CFR Part 24, and state Revised Statutes). We are well versed in public policy and process and have significant experience working on projects with funding from the State Department of Transportation, Federal Transportation Authority, Federal Highways Administration, STP, ISTEA, TIP, U.S. Army Corps of Engineers, and the Federal Aviation Administration. We work hard to maintain strong working relationships with WSDOT and FHWA staff and reviewers. CERTIFIED has helped several municipalities develop policy and procedure manuals that clarify the Uniform Act regulations and provide detailed procedures to help agency staff and their consultants plan, manage and deliver projects with state and federal funds while also considering the agency's internal governance process, preferences for routing of work, decision making processes and approvals, and authority limits. 2 We maintain an excellent working relationship with the WSDOT, the lead agency for the State of Washington, which oversees most of our projects. We tailor our work to your needs and your funding source requirements. In the process of working on state and federal projects, in coordination with or working directly for WSDOT, CERTIFIED staff has built or solidified their relationships with key WSDOT staff as well. The relationships we have forged working with WSDOT and other funding agencies' staff make communication easy and productive, in that we share a history of working together, have trust in each other's knowledge and abilities and the ease of communication and understanding that only comes with close work contact built over time. Who We Are CERTIFIED Land Services has assembled a team of dedicated and experienced staff. Our success depends on our knowledge of the laws and rules governing right of way acquisition and our ability to work well with property owners, project stakeholders and funding source reviewers. We have a complete understanding of the acquisition and relocation process. We are routinely hired to acquire real property and property rights in support of transportation projects including roads, highways, light and heavy rail projects, and municipal improvement projects. We look forward to bringing our expertise and commitment to working successfully and productively with you on this contract. Our staff is experienced and participates in on-going training. Each staff member has an average of 15 years experience working as agency staff and consulting staff. Our team comes with professional education, degrees and licensing (all are licensed as Washington Real Estate Salespersons). In addition, they participate in yearly license renewal educational seminars, professional association classes, and internal monthly project review sessions. Below is a sample of our staff and a short summary of their experience. Regina Raichart, Contract/Project Manager As the owner and President of CERTIFIED Land Services Corporation she is the principal in charge and senior project manager responsible for all projects. Regina has worked in the right of way field since 1988. She worked for WSDOT NW Region for 10 years, the last 5 of them as the unit manager for Acquisition Services, Local Public Agency Coordination, and Title. Her focus is working with public officials, agencies, contractors, the public and staff to ensure complete and timely project delivery. She has excellent communication and creative problem solving skills that are key to her ability to manage complex projects, give accurate advice, get problems resolved and successfully deliver projects for clients. She has the expertise to assure that all aspects of the acquisition process, when applicable, adhere to federal and state guidelines in order to safeguard project compliance with funding and regulatory partners. Regina is also a hands-on negotiator with an enviable track record of successful transactions on complex parcels and adversarial property owners. She is an outstanding project manager and communicator, and an effective mediator in resolving complex issues with multiple stakeholders. She has what it takes to deliver your project. Marianne Scharping, SRIWA, Senior Acquisition/Relocation Agent Marianne has worked in the right of way field since 1979. Her previous experience was in the title insurance and civil engineering/surveying fields. She has worked on all conceivable rights of way i 3 L projects both as an employee with Snohomish County Public Utility District and King County Metro, as well as in the public sector. In 1994, she resigned from King County Metro and started Scharping and Associates, a real estate acquisition services company. Under this capacity, she was under contract with the Port of Seattle for its Third Runway project where she acquired property and relocated 225 owners. She also spent two years in Los Angeles as part of a $7 billion project team purchasing whole blocks of properties for new school sites for Los Angeles Unified School District and relocating over 2,000 displacees. Marianne is a designated SR/WA and member of the International Right of Way Association; she is currently working on her real estate broker's license. She joined Certified Land Services in 2005 and brings the experience and expertise to implement any project to a successful conclusion, Kristine Maristela, Acquisition/Relocation Agent Kristine has more than 9 years in the real estate and transportation industries. As a project manager for a property development firm in the Philippines, she handled project planning and construction coordination, land acquisitions and settlement disputes. She is able to draw on her varied experience to ensure property owners and project stakeholders are well informed. She is able to tackle the most complex assignment and complete it while making the impossible seem easy. Her technical expertise is solid. She has the knowledge to work efficiently from start to finish on any assignment. Combine that with her problem solving and communication skills and you have a true professional negotiator working on your project. She's a wonderful person to work with and a dedicated team member. Quality Control We understand the challenges involved in acquiring private property for public projects. We are able to work well with others, do work the way that you would want it done, handle any problems that arise, and develop creative solutions while working within the given parameters of our assignments and the laws, rules and regulations governing any given project. We have the expertise, skills, talents and abilities to work with you to design, develop, research, cost, and deliver all aspects of right of way acquisition and relocation work. In order to deliver well run projects delivered on time and within budget, we: • work diligently to ensure our performance exceeds our client's expectations. ■ take very seriously our responsibilities to the public to be fair, equitable and consistent in our dealings with them. • know how important it is to do what you say you will, especially in the areas of budget and schedule delivery, and then make every effort to constantly monitor and eliminate budget and scope creep. • are only successful in our project management and project delivery if we deliver a project that the public and our clients agree was cost effective, efficient, thorough, thoughtful, professionally handled, and well executed and comprehensive. All of the above are easier said than done. In order to plan our work, monitor our performance, and deliver our projects, we strive to clarify expectations, detail all tasks, and develop a full scope up front. We then approach the delivery phase by being mindful of our goals of understanding our work as outlined and agreed to, working within the requirements of the funding source, working continuously to deliver a quality project, making a firm commitment to schedule and monitoring it daily, communicating openly and effectively, and applying sound problem solving skills. 4 1 The remainder of this section details our methodology for performance measurement given the processes, goals, and principles set forth above. CERTIFIED Project Team Interaction Internal team meetings will take place every one to two weeks as determined in the approach to work plan developed at the inception of the project with you and as is appropriate to the work assigned. Meetings will include key staff of the prime as well as all actively involved subs at the time. We welcome the attendance of all team members and will publish a calendar of all scheduled meetings to facilitate attendance. j In addition to regular internal team meetings, we will hold formal monthly progress meeting with you to review and update progress/budget/schedule status. Action items, current or unresolved, will be highlighted. Decisions and directions from these meetings will be published and distributed to all members. In addition to the regular meetings described above, informal direct exchanges of information in person, via phone, e-mail or fax is encouraged and expected to be part of our normal work j process. If an issue arises that would warrant a meeting to discuss large or complex tasks or matters, informal meetings will be arranged to facilitate quick resolution to outstanding issues as they develop. In order to serve our clients more efficiently, we launched our website http://www.oertifiedlandservices.com in September, 2005. We are very excited because it enables us to serve you more efficiently. We are able to post documents pertaining to your project into a password protected on-line file folder easily accessible to you. Client and Stakeholder Interaction Having key staff identified and accessible to the client and stakeholders is critical to our ability to meet your expectations and provide an easy exchange of information. CERTIFIED assigns a Contract Manager for every project we work on who will be the primary contact person on our team for contractual issues. In addition we appoint a General Project Manager as the manager of day to day activities who is fully accessible to you and all stakeholders. Our staff is skilled in leading and facilitating progress/team/status meetings, executive briefings, partnering meetings, open houses, and formal hearings. All key members of the CERTIFIED team are trained and experienced in the importance and need to interact well and productively with state, local and federal agency staff both in written and in person formats. Our work depends on clear and open communication and we work hard to provide an atmosphere that encourages that interaction. We recognize that we do our best work only when the client is well informed and involved. Our managers and staff are committed to all aspects of this project and to full interaction to ensure your expectations are not only met, but are exceeded for complete and satisfactory interaction. Recent Project Experience on State and Federally Funded Projects The CERTIFIED Land Services team, managers and staff have strong experience delivering municipal projects that have local, state and federal funding. We have a full understanding of the 5 work you expect to contract for. We are well versed in the TIB, WSDOT (and WSDOT LAG) and FHWA policies and procedures. It is what we specialize in. We have worked for many agencies and municipalities under these guidelines many times in the past, and thus are able to acquire rights of entry, air rights, temporary and/or permanent easements and fee title free and clear of all liens and encumbrances. We are fully capable of fulfilling each of your requirements. We are routinely hired to acquire real property and property rights in support of transportation projects including roads, highways, light and heavy rail projects, and municipal improvement projects. We look forward to bringing our expertise and commitment to working successfully and productively with you on this contract. The following are recent projects for your review and consideration: • Development of Policies, Procedures & Forms for Real Estate Services, Cities of Seattle(Bellingham/Kent. In each instance that we have been hired to develop policies and procedures manuals and forms for municipalities, the intent has always been the same, to standardize policies and procedures for right of way related functions for compliance with city, state and federal rules, regulations and policies. l We were responsible for writing policies and procedures for the City of Seattle to ensure city, federal and state compliance with laws, rules and guidelines. We prepared an Employee Procedures Manual, which included standard project planning, appraisal, title, acquisition, relocation, property management and project certification program processes, procedures and policies. We also developed all forms, documents, notices, standard letters, process flow charts, project tracking, parcel transmittal summary sheets, and procedures for all of the above. We completed similar manuals for the cities of Bellingham and Kent. We were also responsible for developing training for project engineers, project support and real estate staff to familiarize them with the new policies and procedures, review state and federal project compliance requirements for each state of project delivery, and provide training in communication skills, conflict resolution and customer service. Contact: Larry Huggins, R/W Manager City of Seattle 206-684-5001; Patty Fernandez, Real Property Manager, City of Bellingham 360.778.7900; Jerry McCaughan, RAN Manager, City of Kent 206-579-4381 • 1-405 Urban Corridor General Engineering Contract, WSDOT/HNTB. We are the real estate team selected for the successful planning, management and delivery of this mega project which consists of 30 miles of interstate highway from Tukwila to Lynnwood. CERTIFIED is a sub-consultant to HNTB who is the prime contractor on this project pilot WSDOT Urban Corridor Project. Responsibilities include participation in route selection and right of way plan design, right of way plan preparation, cost estimating, appraisal services, developing and maintaining delivery schedule, developing and maintaining budget, contracting with the on-call consultants and monitoring their work, acquisitions, and relocation planning and advisory services and certain property management functions. CERTIFIED's role was to deliver all property necessary for the construction of the 1-405 Project on time and on budget. The complexity of the parcels ranged from simple right of entry permits to turnkey acquisition of high rise urban commercial properties. Due to the magnitude of the project and the required project schedules, we were tasked with developing and implementing a streamlined fast track right of way delivery program, while at the same time working within the framework of the WSDOT Right of Way Manual and meeting all state and federal requirements. We proposed and received WSDOT approval of several unorthodox acquisition strategies that enabled us to successfully deliver all 6 i i the funded project segments through Renton, Bellevue and Kirkland 24 months earlier than the standard WSDOT process; all the acquisitions received WSDOT certification. The innovative processes we developed for this project have now become best practices for WSDOT and are used and accepted as standard practices. To appreciate the magnitude of our work on the 1-405 Project, one needs to look no further than the need to acquire 99 parcels and relocate 155 displacees during the State's 2007 — 2009 fiscal years alone. Several other acquisitions and relocations were also completed in previous years. The I-405 project succeeded by using the team approach from the earliest design through the negotiation and closing process. Contacts: Denise Cieri, WSDOT Deputy Project Manager 425.456.8500 and Jim Salter,R/W Manager of Mega Projects 360-705-7312 ■ Burien Transit Center, INCA Engineers, Inc. We provided relocation assistance services for relocating the owner of a sports bar located adjacent to the present Burien Transit Center. These services include preparation and issuance of 90-day Notice to Vacate and other notices in compliance with the Uniform Relocation Assistance and Real Property Acquisition Act. We worked with the business owner in determining his relocation needs and most appropriate method for moving under the regulations. Assistance was given to match this business with replacement facilities that fit its specifications. Assistance also included preparation of a personal property inventory; obtaining move bids for moving personal property including any equipment requiring special handling, disassembling and reassembling; review and reimbursement of costs and invoices eligible under the guidelines. Contact: Jennifer Hamilton, Project Administrator, 425.635.1000 ext. 167 • Military Road South "FEE/PSE", City of SeaTac/ Perteet, Inc. The project involved acquisition of land in fee and easements from 17 residential parcels for urban street improvements such as 2-way turn lane, bike lanes, sidewalks and upgraded street lighting. Permanent easements were acquired for installation of utility vaults for PSE and Qwest. Contact: Darrell Smith, P.E., Perteet, Inc. 425.252.7700 ■ Acquisition & Relocation; SR 99 HOV Lanes Phases 1-4, City of Federal Way as sub to CH2M Hill (Phases 1-3) and as sub to KPG, Inc. (Phase 4). CERTIFIED was responsible for managing and completing the acquisition and relocation for all four phases of this project located in a densely developed urban corridor. The project included a total of approximately 200 partial and total acquisitions in fee and easement and the relocations of several businesses. Special issues included the purchase of several partial buildings and working with the owners to successfully purchase only parts of their commercial buildings and rebuild exterior walls to eliminate the need for total acquisitions. At the completion of each phase of work we drafted WSDOT Right of Way Certification letters and obtained certification approval from WSDOT and FHWA funding reviewers to proceed to construction award. Contacts: Roger Mason, Principal, CH2MHill 425453-5000; Matt Johnson, Project Engineer/Manager, CH2MHi11 425.453.5000; Marwan Salloum, Street Systems Manager, City of Federal Way 253.835.2720; Brian Roberts, Street Systems Project Engineer, City of Federal Way, 253.835.2723 ■ SR 99, International Boulevard S. 138th to S. 152nd Streets - Phase 1/City of Tukwila. The project involved acquisition of land in fee and easement from 17 commercial parcels. Special issues included successfully working with property owners while changing access and acquiring and impacting improvements. Businesses were located immediately adjacent to the old right of way and purchasing even small areas for the new roadway improvements was a major concern to property owners. The project schedule was very tight, requiring focused attention on completing the project in time, working well and closely with project designers, management and property owners. The 7 project was delivered on time and thousands of dollars under budget. Contacts. Brian Shelton, Asst. Public Works Director 206.433.0179, Robin Tischmak 206.433.0179 • SR 99, Kent/Tukwila/Federal Way. Improvements to the SR 99 corridor travel through several municipalities. All phases of this project were local, state and federally funded. CERTIFIED has been selected by the named cities to acquire all the property and property rights need for their phases of this project. We have also provided right of way project management, funding source compliance advisory services, relocation planning and advisory services, interim property management, and document preparation and retention leading to certification. Considered as segments of a larger project, CERTIFIED is providing successful project delivery on more phases of his project than any other regional ROW consultant. Our work to date consists of 249+ parcels. All segments completed have been certified by WSDOT and FHWA as being in full compliance of the spirit and the laws of all funding sources and fully meeting the Uniform Act regulations. Performance evaluations for our work from our clients are included in this proposal. Contact: Jerry McCaughan, City of Kent 206-579-4381, Brian Shelton City of Tukwila 206-433-1800, Brian Roberts, City of Federal Way 253-835.2723 • Sunset Drive lmprovement, Woburn to McLeod, City of Bellingham, as sub to Reichhardt & Ebe. This project was the second phase of the City's Sunset Drive Improvements project, to increase the number of traffic lanes from two to five and add curb, gutter, sidewalk and bicycle lanes on each side. The project limits spanned over ''/z mile through 3 land use zones, and involved 56 partial acquisitions in fee and temporary construction easement, 3 full acquisitions and 3 residential relocations. Challenges included proximity and access issues due to properties with short driveways located below grade. The project included state and federal funds, was certified by WSDOT, and completed on schedule and thousands of dollars under budget. Contacts: Larry Leicht, P.E., Reichhardt & Ebe, 360.354.3687; Patty Fernandez, Real Property Manager, City of Bellingham, 360.778.7900 8 i i Corporate Informatlion l Incorporated: August 27, 1999 FEDERAL TAX I.D. NUMBER: WASHINGTON U.B.I.NUMBER: 91-1990392 601.976-952 WASHINGTON STATE REAL ESTATE LICENSE Certified Women's Business NUMBER: CE-RT-IL-S001LB Enterprise: W2F4017181 Insurance: $2,000,000 Professional Liability/Errors&Omissions thru Legion Indemnity $2,000,000 General Business Liability thru Safeoo *certificates of insurance provided on request or upon entering into contract SEATTLE Office: 4619 37TH Avenue SW Seattle,Washington 98126 Telephone: 206.287.9858 Toll Free: 877.287.9858 Fax: 206.938.6717 e-mail: name@oertifiedlandservices.com website: www.certifiediandservices.com 9 I f Additional Kudos and References Thank you I always knew we had the "top guns" of right of way, and the noted turn-around time just proves it! from Ross Fenton, HDR Sr. EngineeriPM assigned to the 1405 project after successfully certifying Renton Stage 2 which was a very complex project segment) 425-456-8500 l HIReglna, I'm happy to give you a great reference. I think you and your team did a greatJob on 1-4051 Kim Henry WSDDT NW Region DB Director 425-456-8500 From: Denise A. Cieri Subj RE: SRO Relocations Yea!!! Good job to you and a# the CLS staff who helped out on accomplishing this feat! Congrats all around!!! Denise from Denise Cieri, WSSDOT 1.405 Dep. PM after we met a major relocation milestone completing all business relocations in a downtown Bellevue high-rise we acquired: Normally I wouldn't put this in an email, but hot damn! GREAT JOB REGINA! Client: City of Ferndale Contact: Katy Radner, PE/PM City of Ferndale Project: Church Road Project May 2012 Regina, 1 am available tomorrow to sign final documents. I thank you for working with me and my concerns. I am going to go to City Council and tell them all how professional and positive it was to work with you. Thank you again, Yvonne Goldsmith (property owner/City of Ferndale: Church Road) 4-2012 "Thanks so much for the energy and dedication you put into this project with us. The results have made for an incredibly smooth construction phase!" Client: Island County E-mail From: Randy Brackett, P.E., Construction Manager 360.678.7954 Project: Bayview Road "Thank you! This is just what I needed. I always knew we had the "top guns"of right of way, and the noted appraisal turn-around time just proves itl" Client: Washington State Department of Transportation E-mail From: Ross Fenton, Engineering Project Manager, 1-405 Project 10 f If f Project: I-405 General Engineering Contract I "Certified staff successfully and professionally completed tasks associated with acquisition as well as vacation of mini-storage complex... Overall - superior performance given scope of project." Client: Gray & Osborne, Inc. Contact: Brian Sourwine, P.E. 206.284,0860 Project: City of Yelm, Stevens Street NW Roadway Improvements Completion Date: 2/23/07 Performance Rating: Superior "It was great working with you... you guys did a great job for us and look forward to working with you again in the future." Client: City of Issaquah E-mail From: Gary Costa, P.E., Transportation Manager 425.837.3443 Project: East Lake Sammamish Pkwy/SE 561s Street "Excellent service from everyone at the firm. You are the best, professional and very responsive. Always able to get things done on time, within budget even when complicated issues arise." Client: City ofissaquah Contact: Bill Hoffman, Project Manager 425.837.3431 Project: East Lake Sammamish Pkwy/SE 56th Street Completion Date: 10/2/06 Performance Rating: Outstanding II 11 . . I f from Gregg McBride, business tenant we relocated on the 1.405 project to Relo Agent Marianne Scharping of CLS: C pear Mar+aKne, Ihatty- LJOU -Fvr mcefihr WO-h u5 last- - lhv rsdc�) -to answer our av,d V e us ;flie good K-ews 5urroonAng `11he bvit'o(_ovt -tIdin9 -6'r "r- r►,eko s;>aee. Yov avcheviratcA An am.a.zin9 neq �0*;ati'rfr. aKO( ©u�corvla. Wit aer gr4ttefr•l "� TOY' gt)vr cmcr9y , ems, 1:�vtbwtedgc° G%d AAVOcac rn Dur'' behalf Yovlvt Glt'ared The way �Or vs tb move ahead in happy 4,v4iic'Paf!OA . '7'he. W K01,c. l of a� us VA'Sk 'lb thamk. J)u 'li7l�I r WeS Vv�e trV 't'Vti YvtvGGL gra-hfvde aid apprWaitiona y Cray MAS Mel Pyle r � ; a x r 12 f -------------------------------------------------------------------------------- [ from Patty Fernandez, Real Property Manager, City of Bellingham, after completion of the Sunset Drive Improvement project and the relocation of "Diamond Jim's Restaurant" as part of the Ohio/King Streets Intersection Improvements Project: This e-mail is to confirm that Certified Land Services (CLS) has done extensive property acquisition and relocation work for the City of Bellingham. All the work done.by CLS has been done professionally and with a high degree of expertise. Without exception, the property acquisition and relocation components of each project that were performed by CLS have been reviewed and Certified by WSDOT, allowing our projects to remain on schedule. Please pass along my highest recommendation to any interested party. Best regards- Patty I 13 i I -------------------------------------------------------------------------------- from :Tom Boyd,WSDOT Northwest Region Local Agency Coordinator,on CERTIFIED's record of project certification: Alffiftta Washington State Northwoat R a on Department of Transportation 15,00 o«vi .A .a Nnm, Paula d. H.—..Rd,P.O. P,D.'O,330310 Socrotery oaf Transportation Saa14a.WA 98133-0710 206-440 4000 TTY: 1.900,033-0589 May 26,2d 10 Ms.Regina Reichart Certified Land Services 4619 37th Ave SW Seattle,WA 98126 Dear Ms.Reichart: ' When a local jurisdiction obtains federal aid for transportation projects,it triggers the need fora high standard of tight of way.acquisition and relocation efforts.The performance of your staff in this regard over the past several years prompts me to express my appreciation.Not once has a right of way project carried our by Certified Land Services been.denied certification by the Federal:Highway Administration. I particularly appreciate the fact that your staff is quick to communicate with our office regurding the inevitable questions that arise,and look forward to working with Certified on more:federal aid projects in the future. sincco'cl�y, Tho`rnas]- / Local Agency Coordinator Northwest R gion Real Estate Services 14 KENT Agenda Item: Consent Calendar - 7P TO: City Council DATE: October 2, 2012 SUBJECT: Lower Russell Road Levee, Consultant Services Agreement with AMEC - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with AMEC Environmental & Infrastructure, Inc. in an amount not to exceed $24,570 to provide Geotechnical and Levee Certification Services for the Lower Russell Road Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In December 2010 the City selected AMEC to prepare the Levee certification report for the Conditional Letter of Map Revision (CLOMR) request for the Lower Russell Road Levee. The CLOMR was completed and sent to FEMA in April 2011; The CLOMR review has been placed on hold by FEMA pending the resolution of the "High Ground" tie in point. The City is working the Washington State Department of Transportation and Federal Highway Administration to solve this issue and update the CLOMR reports so the review can continue. AMEC is also analyzing the risk and providing recommendations for repair of an embankment failure in this levee segment. This contract will be for AMEC to prepare a report on the embankment failure and to update the CLOMR and address any additional comments from FEMA once their review continues. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Funding for this contract is included in the existing project budget. , ame August 31, 2012 AMEC Project 1917-17156-0 City of Kent Public Works Engineering 400 West Gowe Street Kent, Washington 98032 Attention: Mr. Mark Madfai, P.E. Subject: Proposal for Additional Services Factor of Safety Bank Failure at Dog Kennel CLOMR Updates Russell Road Lower-Lowest Levee Kent, Washington Dear Mark: At your request, AMEC Environment & Infrastructure, Inc. (AMEC) is pleased to submit this scope of work and budget estimate to provide additional geotechnical and related services for the above- referenced project. We completed the CLOMR application and submitted Response to Review Comments in March 2012. At your request, we have been providing geotechnical services related to three additional items as follows: Factor of Safety Review—We were requested to provide a memorandum describing our basis of design for the sudden drawdown case factor of safety. As of this writing, we have provided draft versions of the memorandum for review and comment. We anticipate minor additional revisions and response to review comment may be required. Bank Failure at Dog Kennel —We were requested to provide an evaluation of the bank failure that occurred last winter/ spring in front to the Dog Kennel property. We made a site visit and performed slope stability evaluations based on available site and subsurface information, and a draft report on our findings has been submitted for your review and comment. We anticipate one to two additional rounds of revisions prior to finalization of this report. Ongoing Support for Levee Certification —We understand ongoing geotechnical services are anticipated in support of levee certification activities. One outstanding issue relative to the CLOMR application for the Lower-Lowest Russell Road levee is the high ground tie-in to existing roadways at AMEC Environment&Infrastructure, Inc. 11810 North Creek Parkway N Bothell,Washington 98011 (425)368-1000 Phone (425)368-1001 Facsimile www.amec.com P A17156-0 Kern Levee Russell RoadAPMWddifi on at services 8 6 201 z\Proposal for additional servlces_a 31_2012 door , ame S. 2121h Street and S. 231't Street. Another issue is the final alignment of the roadway and setback levee in the vicinity of the warehouse property, which may require a retaining wall. AMEC would provide the geotechnical design support for evaluation of the retaining wall. AMEC would then prepare supplemental reports to FEMA as required to address these modifications. AMEC would also be available to provide other on-call support services as required. COST ESTIMATE As of this writing we have expended our original budget of$239,930. The estimated cost for the additional consultation on these three tasks is $24,570. We have presented this as a budget amendment request in addition to our currently authorized budget of$239,930, bringing our total budget to $264,500. AMEC services will be performed on a time-and-expenses basis, using a cost plus fixed fee form of contract. An approximate breakdown of hours for these additional services is attached. The actual distribution of labor hours per category may vary from the estimate. Our fee estimate for additional services is presented as Exhibit A, and direct salary costs for staff that would be working on this project are presented as Exhibit B, attached. Sincerely, AMEC Environment& Infrastructure, Inc. James S. Dransfield, P.E. Principal Geotechnical Engineer Enclosures: Level of Effort Hours Estimate Exhibit A —Summary of Additional Costs Exhibit B —Summary of Staff and Rates AMEC Environment& Infrastructure, Inc. Project No. 1917-17156-0 2 P:\17156-0 Kent Levee Russell Road\PWAdditional Services 8 6 2012\Proposal for additional services_8 31_2012.docx Level of Effort Hours Estimate a Q � � Q o.5 ceei' S m� cQ 40 c c 5 c C9 ca O me U totals Ye9k€warlpbm hours ON CALL SUPPORT Factor of Safety Letter 8 2 Dog Kennel Bank Evaluation 8 2 8 8 4 2 On Call Support of Levee Certification 48 2 4 32 16 8 4 total hours per category 64 2 8 40 24 12 6 156 ame& EXHIBIT A - SUMMARY OF ADDITONAL COSTS Russell Road Levee Certification S 212th Street to S 231 st Street Kent, Washington DIRECT SALARY COST(DSC): Task Classification (AMEC Class Code) Hours x Hourly Rate = Cost Task Total Senior Principal (622 to 624) 64 $69.95 $4,476.80 Principal (618 to 621) 2 $60.90 $121.80 Associate (617) 8 $45.40 $363.20 Senior Project Engineer(616) 0 $41.62 $0.00 Senior Project Geologist(615) 40 $41.06 $1,642.40 Project Engineer/Geologist(614) 0 $37.28 $0.00 Senior Staff Engineer/Geologist(613) 0 $32.10 $0.00 Staff Engineer/Geologist(611 to 612) 24 $28.63 $687.12 CAD Drafting (516) 12 $28.98 $347.76 Word Processing (806) 0 $17.89 $0.00 Clerical (805 to 807) 6 $19.79 $118.74 TOTAL DSC 156 $7,757.82 OVERHEAD COST(OH COST-including salary additives): OH Rate of 1.837 x DSC 1.837 x $7,757.82 = $14,251.12 DSC+OH $22,008.94 FIXED FEE(FF): FF Rate of 0.10 x(DSC+OH) 0.1 x $22,008.94 = $2,200.89 REIMBURSABLES: Field Expenses (mileage, equipment, etc.) $360.00 Laboratory Testing* $0.00 Drilling Subcontractor* $0.00 Cone Probe Subcontractor* $0.00 Traffic Control Subcontractor* $0.00 TOTAL REIMBURSABLES = $360.00 TOTAL $24,569.83 *includes 10% markup ame EXHIBIT B - SUMMARY OF STAFF AND RATES AMEC Class 2011 Direct Salary Staff name Code Hourly Rate Principal Jim Dransfield 624 $69.95 Jim French 621 $60.90 Associate Joe File 617 $45.40 Todd Wentworth 617 $45.14 Steven Siebert 617 $46.57 Senior Project Engineer Carlo Evangelisti 616 $41.62 Senior Project Geologist Henry Brenniman 615 $41.06 Bill Lockard 615 $40.29 Project Geologist Konrad Moeller 614 $37.28 Senior Staff Geologist Pat Reed 613 $32.10 Staff Engineer Minjae Park 611 $28.63 Drafter Jeff Sanders 516 $28.98 Word Processor Lucas Stonehouse 806 $17.89 Clerical Crystal Fitzgerald 807 $19.79 Donna Wilson 805 $16.30 KENT Agenda Item: Consent Calendar — 70 TO: City Council DATE: October 2, 2012 SUBJECT: 2011 Miscellaneous Sewer Improvements — Accept as Complete MOTION: Accept the 2011 Miscellaneous Sewer Improvements Project as complete and release retainage to Mid Mountain Contractors, Inc. upon receipt of standard releases from the state and release of any liens. The original contract amount was $2,363,636.01. The final contract amount was $2,969,319.82. SUMMARY: The 2011 Miscellaneous Sewer Improvements project consisted of sewer replacements in eight areas of the City, with the majority of work taking place on Scenic Hill. The project included roughly 7,500 feet of 8" sewer pipe, 3,200 feet of 6" side sewer pipe and 34 new manholes. The existing infrastructure was about 50- 60 years old and was leaking. The cumulative cost for the 2011 Miscellaneous Sewer Improvements project was in excess of the awarded amount. On March 5, 2012, the Public Works Committee was advised of this anticipated cost overrun in accordance with city policy. This cost over- run can be attributed to two primary sources, unforeseen utility conflicts and poor soil conditions requiring the contractor to truck gravel from a local pit to backfill trenches. Much of this work was in older areas where the locations of existing utilities are more difficult to determine due to lack of accurate records. We also encountered utilities that decades ago were not installed in a straight line, which is unusual. These factors also resulted in higher than expected costs due to contractor delays caused by utility relocations. Typically on a project of this type the contractor is able to re-use the soil removed from the trench as backfill after the pipe is installed. However on this pro- ject, this was not possible to the extent expected when the project was estimated. While these costs were not identified correctly during the design phase, they are not "new" costs. We would have needed to spend this money to replace the infrastruc- ture. In response to the additional costs, we have reduced the amount of work that will be completed on the next miscellaneous sewer project. The final charges were roughly 26% over budget. Final restoration is complete. The additional costs will be charged to the Sewer Fund. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This work is budgeted will be paid for out of the Sanitary Sewer Utility fund. KENT Agenda Item: Consent Calendar - 7R TO: City Council DATE: October 2, 2012 SUBJECT: Garrison Reach II Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Garrison Reach II Short Plat project, permit 2063249, for 1 hydrant, and 281 linear feet of waterline, 2 manholes, 270 linear feet of sanitary sewerline, 300 linear feet of new street, 5 catch basins, and 300 linear feet of storm sewerline. SUMMARY: The Garrison Reach II project is located at 22428 94th Avenue South. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: 220 — 4TH AVENUE SOUTH WASHINGTON WASHINGTON 98032 Project: Garrison Reach II Short Plat n CS Permit #: RFC:C-2063249 E�tla�aiE Location: South 225th Street &95th Court South Parcel #: 182205-9104 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this day of Tiii 20 j by and between Benjamin Ryan Communities LLC, hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS• Together with a total of 0 gate valves at $ each, 1 hydrants at $4,000.00 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) 95th Court South South 225th Street 300 feet south to dead end Including 281 linear feet at $ 32 per LF of 8-inch (size &type) D.I. waterline. B. SANITARY SEWERS: Together with a total of 2 manholes at $2,000.00 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) 95th Court South South 225th Street 300 feet south to dead end Including 270 linear feet at $ 30 per LF of 8-inch (size &type) PVC sewerline. Bill of Sale 1 of 5 11965.013.doc I I I C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) 95th Court South South 225th Street 300 feet south to dead end Including 300 linear feet at $ 125 per LF of (size &type) 28 feet of asphalt road with curb and walk (improvement). D. FRONTAGE IMPROVEMENTS: (N/A) 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 0 manholes at $ each or total of 5 catch basins at $1,200.00 each, 0 LF of biofiltration swale or drainage ditch with a total cost of $ 0 , 0 cubic feet of detention pond storage with a total cost of$ 0 and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) 95th Court South South 225th Street 300 feet south to dead end Including 300 linear feet at $25.00 per LF of 12-Inch (size &type) PV 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 2 of 5 11965.013.doc IN WITNESS WHEREOF, the undersigned has caused this Instrument to be executed on this day of 20 c� IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of 20 STATE OF WASHINGTON ) ) SS COUNTY OF4QN& P"PrCC ) On this ' day of AU61 L S F 20 12 before me, the undersigned A Notary Public In and for the State of Washington, duly commissioned and sworn, personally appeared �o�`r' 132`jS to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he{eMe signed and sealed this instrument as highar f ep and voluntary act and deed for the uses and purposes therein mentioned. N^ GIVEN under my hand and official seal this day of i't-�RS+ 20 7 2— e� fr44 Notary Public in and for the State of •,q�a9TANr. ;..,..� �,, Washington, residing at My Commission Expires: op Bill of Sale 3 of 5 11965.013.doc I I 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 off lclal 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 KENT WASHINOYON Bill of Sale 4 of 5 11965.013,doc ENGINEER'S CERTIFICATION CITY OF KENT ICING COUNTY, WASHINGTON The figures used on the Sill of Sale for Garrison Reach LI Short Plat project dated September 3, 2007, for the same said Garrison (Reach II Short Plat project. Hal P Grubb, the undersigned P.E. or land :surveyor Is the person responsib(e'for the preparation of the Will,of Sale and is an employee of Barghausen Consulting Engineers, Inc. , the firm responsible for the preparation of the record drawings. �p1-P GRU A Signature o�rsasil� s^4 (Engineer stamp required) Bill"of Sale 5 of s 1 965MIdoc 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 September 4, 2012 Committee Members Present: Les Thomas, Chair, Dennis Higgins and Jamie Perry The meeting was called to order by L. Thomas at 4:00 p.m. 1. APPROVAL OF MINUTES DATED AUGUST 21, 2012 D. Higgins moved to approve the Operations Committee minutes dated August 21, 2012. J. Perry seconded the motion, which passed 3-0. 2. BERK AND ASSOCIATES EFFICIENCY STUDY CONSULTANT AGREEMENT (APPROVE) As a Council and Chamber of Commerce recommendation, staff was requested to provide analysis of staffing, structure and services resulting in recommendations to generate further efficiencies as well as budget reductions. Five vendors were reviewed and BERK met the majority of the desired criteria, two being municipal and annexation experience. J. Hodgson clarified the study is to provide information on the City's processes, not the end service. L. Patterson, Human Resources Director, distributed the Service Agreement draft and reviewed the scope of work proposed by BERK. Administration had staff previously conduct a Span of Control exercise, which BERK will use in their study, Directors and key staff will also be available to answer questions. D. Higgins questioned where the funds were coming from for the study, which J. Hodgson stated it would be primarily from the Council survey budget and then from the Fund balance. Phasing depends on how the City Council wants to move forward with recommendations. A draft report will be ready to present to Council for review and further recommendation to staff in December. Any recommendations by the Council will be done in 2013. This item will be on tonight's council agenda under Other Business. Motion by J. Perry, seconded by D. Higgins to recommend authorizing the Mayor to sign a Consultant Services Agreement with BERK and Associates in the amount of $43,730 with terms and conditions acceptable to the Human Resources Director and the City Attorney. The motion passed 3-0. 3. CINTAS CORPORATION LINEN AND UNIFORM SERVICES AGREEMENT (AUTHORIZE) The city is required to provide rental and laundering of uniforms and linens for approximately six (6) Mechanics and eight (8) facilities personnel. Additionally, the City will be purchasing parkas, Carhartt jackets and raingear for approximately 218 employees. Operations Committee Minutes September 4, 2012 Page: 2 (cont'd) This represents approximately a fifty-nine percent (59%) reduction from our current contract. However, the City is paying a clothing allowance to employees, with an estimated cost over three (3) years of $191,100. This would result in cost savings of nine percent (9%). Motion by D. Higgins, seconded by J. Perry, to move to recommend the Mayor enter into an Agreement with Cintas Corporation for the Rental and Laundering of Uniforms and Linens in an amount not to exceed $156,583, with terms and conditions acceptable to the finance director and city attorney. The Motion passed 3-0. 4. GAMING IN KENT (INFORMATION ONLY) Council member, L. Thomas distributed a document listing the pros and cons of gaming in the City of Kent in response for the need of additional revenues sources. This item was before Council earlier when the Ordinance was passed to allow Great American Casino to conduct business in the Panther Lake annexation area. Discussion included how other cities, specifically Tukwila, have handled their Ordinance to control gaming. Taxes generated from the Great American Casino in the annexation area and how it affects the City of Kent were discussed. B. Nachlinger noted that the casino cannot move from the annexation area undercurrent Ordinance. D. Higgins and J. Perry do not feel there is enough support at this time to open the discussion to the rest of the council. J. Perry commented she has received negative response whenever the topic is brought up to community members. D. Higgins will continue to research the topic, talking to other cities. S. FINANCIAL SUMMARY REPORT AS OF JULY 31, 2012 (INFORMATION ONLY) Overall revenues are estimated to end the year approximately $440,467 or 0.7% under budget with current expenditure projections ending the year at about $853,379 or 1.4% below the budget. The expected savings in expenditures offsets lagging revenues and grows fund balance by $477,094. Ending fund balance is estimated to be $1,775,877, which equates to 3.1% of the expenditure budget. The Committee noted their continued concern that the sales tax in Kent is down compared to other cities in the states. B. Nachlinger noted in their research it is not in one sector but that all cities are down cross the board. The meeting was adjourned at 4:45 p.m. by L. Thomas. Pamela Clark Operations Committee Secretary ON Parks and Human Services Meeting Minutes WAS NI NG-ON � 0 July 19, 2012 Call to order: Chair Debbie Ranniger called the meeting to order at: 5:03 p.m. Council Present: Chair Debbie Ranniger, Elizabeth Albertson, Dana Ralph Item No. 1: Minutes of June 21, 2012 Albertson moved to approve the Parks and Human Services Committee meeting minutes, dated June 21, 2012. Ralph seconded. The motion passed 3-0. Item No. 2: 2012 4Culture Sustained Support Grant Agreement - Authorize Lori Hogan, Superintendent of Recreation and Cultural Programs reported that 4Culture 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 the Kent Summer Concert Series. Ralph moved to recommend council accept the Sustained Support Grant from 4Culture to support 2012 Kent Arts Commission programs in the amount of $17,000.00, amend the budget, authorize expenditure of funds in accordance with the grant agreement, and authorize the Mayor to sign all necessary documents. Albertson seconded. The motion passed 3-0. Item No. 3: 2012 Washinaton State Arts Commission Grant - Aoorove Lori announced that the Washington State Arts Commission (WSAC) 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. Albertson moved to recommend council accept the $3,500.00 grant from Washington State Arts Commission and adjust the Kent Arts Commission's budget accordingly. Ralph seconded. The motion passed 3-0. Item No. 4: Recreation and Conservation Office Grant Resolution - Adopt Jeff Watling, Director of Parks, Recreation and Community Services reported that 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 Page 1 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 property to add to the Clark Lake Park assemblage. Ralph moved to recommend Council adopt the resolution authorizing a grant application to the Recreation and Conservation Office to fund property acquisition at Clark Lake. Albertson seconded. The motion passed 3-0. Item No. 5: Storm Damage Budget Adjustment - Approve Jeff explained that 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. Albertson moved to recommend amending the Park Operations, Facilities and Riverbend budgets to account for the related expenses and reimbursements stemming from the winter ice storm damage. Ralph seconded. The motion passed 3-0. Item No 6• 2012 Second Quarter Department Report - INFO ONLY Jeff highlighted division programs and services, as well as in-kind, and/or cash contributions received during the second quarter of 2012. The Jazz and Art Show at the Senior Center was another great success this year with 500 participants. Stafford Suites donated meals. The Senior Center staff did an excellent job. Kent was represented well at the State Special Olympics events last month at the Joint Lewis/McCord Base in Lakewood. The Lifeguard program runs from mid-June to September. The team does an amazing job at the park. Park Operations is working with Kent Downtown Partnership to install planters and benches to update the downtown area. Installations will continue as donations come in to support this new program. Nearly $20,000 was donated to Kent Parks and Recreation in the second quarter of 2012. The Senior Center received many donations and in-kind giving. Page 2 Item No. 7: Director's Report - INFO ONLY Volunteer Appreciation Event was last night at the Ice Arena with mini putt, skating and hot dogs, chips and soda. Fourth of July Splash was big hit again this year. Great work by staff. Thank you to Council for coming by Lake Meridian and joining in on the fun. Cornucopia Days Fun Run. We had an even higher number this year with 540 participants. Thank you to Riverbend Golf Complex for welcoming the event again this year at the course -- especially since there a shotgun tournament going on at the same time! The meeting adjourned at 5:28 p.m. Submitted by, - Teri Petrole Teri Petrole Council Committee Secretary Page 3 PUBLIC WORKS COMMITTEE Minutes of Monday, August 20, 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 August 6, 2012: Ralph MOVED to approve the minutes of August 6, 2012. The motion was SECONDED by Higgins and PASSED 3-0. Item 2 - Goods and Services Agreement/HD Fowler Company - Scenic Hill Stormwater Pipe Replacement: Utilities Superintendent, Greg Reed presented an informative PowerPoint presentation noting the areas of the city with storm water facilities that are in need of repair. Reed noted that the Drainage Utility spends approximately $135,000 per year on materials required to maintain and replace aging storm pipes. Some of the drainage systems on Scenic Hill are in excess of 50 years old and in need of replacement. In recent years, the system on Woodland Way north of East Walnut Street was replaced. The drainage system on Maplewood Avenue South and Alexander Avenue exhibit deficiencies and are also in need of replacement. Bids for materials are to be used for replacement of two portions of the drainage storm pipes. H.D. Fowler Company was the only responsive bidder. Higgins MOVED to recommend Council authorize the Mayor to sign a Goods and Services Agreement with H.D. Fowler Company, in an amount not to exceed $23,354.21, plus sales tax for drainage materials related to the Scenic Hill Stormwater Pipe Replacement Project, 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 3 - Consultant Contract/1112 Resource Consultants, Inc. - Rock Creek Salmon Spawning Survey 2012/2013: Environmental Biologist, Matt Knox gave a brief PowerPoint presentation showing a site map and the various salmon species that will be included in the surveys. Knox went on to note that in order to secure the City's main potable water source at Clark Springs, a 50-year Habitat Conservation Plan (HCP) was negotiated and finalized with the National Marine Fisheries Service and the US Fish and Wildlife Service in 2011. This HCP assures that we will be able to extract water from Clark Springs for the City's citizens into the future, with the remaining water left available for the natural habitat in Rock Creek - which is fed by Clark Springs. As a condition of approval, the Water Utility is required to install mitigation measures for water withdrawal and conduct specific monitoring measures. This contract will meet the current requirements of Monitoring and Evaluation Measure (MEM). This MEM requires weekly spawning surveys for salmon species every fourth year in Rock Creek for the 50-year duration of the HCP. PUBLIC WORKS COMMITTEE Minutes of Monday, August 20, 2012 Ralph MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with R2 Resource Consultants, Inc. in the amount of $26,276.50, 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 4 — Riaht of Way Dedication/S. 259th Street for Horseshoe Bend Levee Proiect• Design Engineer Oing Manager, Mark Howlett presented an informative PowerPoint presentation noting the area being discussed. He stated that this is a housekeeping item. In order to complete the Horseshoe Bend secondary levee, several city streets will be reconstructed, S. 25gth Street, 80th Avenue S. and S. 261't Street. Howlett stated that we need to dedicate new portions of these streets as right of way; thereby clarifying what is considered right of way versus City owned property. Howlett said that it's important to define where public property is and where private property begins. Higgins MOVED to recommend Council authorize the Mayor to sign a quit claim deed dedicating city owned property along S. 259th Street, Both Avenue S. and S. 2615t Street as right of way, subject to final terms and conditions acceptable to the Public Works Director and the City Attorney. The motion was SECONDED by Ralph and PASSED 3-0. Item 5 — Information Only/National Pollutant Discharae Elimination System (NPDES) Phase II - Update: Environmental Engineer, Shawn Gilbertson presented a brief PowerPoint Presentation giving a brief overview of the new NPDES Phase II Permit. Gilbertson talked about the new permit and what the new conditions are for that permit. Below are just a few of the items that Gilbertson touched on: • Primary Requirements for NPDES Municipal Permit • Permit Schedule • Notable Changes - Operations & Maintenance - Stormwater Monitoring - Watershed-scale stormwater planning - Development Projects • Low Impact Development - Benefits - Uncertainties & Unknowns - City Code Revisions - Adoption of New Surface Water Design Manual - Training • Increased Costs to Kent PUBLIC WORKS COMMITTEE Minutes of Monday, August 20, 2012 Operation & Maintenance Monitoring Smaller Development Projects Documentation, Tracking & Reporting Low Impact Development On August 1, 2012, the Department of Ecology issued the most recent version of the National Pollutant Discharge Elimination System Phase II Municipal Stormwater Permit. This permit will become effective on August 1, 2013 and will remain in effect until July 31, 2018. No Motion Required/Information Only Item 6 - Information Only/2012 Street Vegetation Work Plan - Update: Scott Schroeder, Vegetation Field Supervisor and Certified Arborist, gave an informative PowerPoint Presentation outlining the City of Kent's Street Vegetation Management for 2012. Schroeder touched on the following: • Organization Chart for the Street Vegetation Management section • The January 20, 2012 Snow & Ice Storm and the impact that it has had on their work plan. • Color Zoned & Inventoried Areas Map - Mowing schedule • Photos of various duties the street vegetation section provides - Side Arm Mowing - Tall Grass - Mowing of Noxious Weeds - Upkeep to Gateways to Kent - Pacific Highway Islands - South 231't Street Planted Islands - Roadside Spray Program - Public Safety Concerns - Hazardous Tree Removal - Snow & Ice Removal No Motion Required/Information Only Item 7 - Information Only/Non-Motorized Transportation - Update: Cathy Mooney, Senior Transportation Planner gave an informative PowerPoint presentation. Mooney talked briefly about the Non-Motorized Task Force that was formed and what a good process it was for the citizens, leaders and staff. Below are just a few of the items that Mooney touched on: • The Non-Motorized Plan was adopted in June 2008 as a sub-plan of the Transportation Master Plan (TMP) • A condensed version became Chapter 6 of the TMP PUBLIC WORKS COMMITTEE Minutes of Monday, August 20, 2012 • It also included the Transportation Element of the City's Comprehensive Plan • A complete version of the Non-Motorized Plan is on the City of Kent website, Transportation page at http://kentwa.aov/transportation/TMP/ or contact Cathy at (253)856-5564. • The Goal - Provide mobility options for all trips; commuter, recreation and daily living • Photos of the bicycle facilities added since the TMP was adopted • Sidewalks — Future, New and Existing • Safe Routes to School Improvements • Flashers installed @ 104th Ave SE & SE 264th Street with in pavement lights - New flashers to be installed on Kent Kangley mid-block crossing @ approximately 105th Ave SE • Maps of TMP Priority Bicycle Network and Sidewalk Projects No Motion Required/Information Only ADDEDITEM: Committee Chair Albertson noted the following Public Works Committee meeting changes: • Monday, September 3, Public Works Committee meeting has been cancelled due to the Labor Day Holiday. • There will only be one meeting in September, on Monday, September 17, 2012 at 4:00 p.m. • The Monday, October 15, 2012 Public Works Committee will be cancelled. • There will be a Special Public Works Committee meeting held on Monday, October 22, 2012 at 4:00 p.m. The meeting was adjourned at 5:25 p.m. Cheryl Viseth Council Committee Recorder EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION