HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/16/2013 CITY OF KENT
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Agenda
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April 16, 2013
Mayor Suzette Cooke
Dennis Higgins, Council President
Councilmembers
Elizabeth Albertson
m Bill Boyce
Jamie Perry
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Dana Ralph
u Deborah Ranniger
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Les Thomas CIFY CLERK
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KENT CITY COUNCIL AGENDAS
KENT April 16, 2013
W>_HI. N Council Chambers
Mayor Suzette Cooke
Dennis Higgins, President
Councilmember Elizabeth Albertson Councilmember Bill Boyce
Councilmember Jamie Perry Councilmember Dana Ralph
Councilmember Deborah Ranniger Councilmember Les Thomas
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COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Council Retreat Follow-up John Hodgson 45 minutes
2. Marketplace Fairness Act Dennis Higgins 5 minutes
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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. Introduction of Appointees
D. Earth Day in Kent Proclamation
E. Arbor Day Proclamation
F. General Federation of Women's Clubs Day Proclamation
G. Legislative Report
H. Public Safety Report
I. Intergovernmental Reports
5. PUBLIC HEARINGS
6. PUBLIC COMMENT
(Continued)
COUNCIL MEETING AGENDA CONTINUED
7. CONSENT CALENDAR
A. Minutes of Previous Meeting and Workshop — Approve
B. Payment of Bills — None
C. Meridian Firs Bill of Sale — Accept
D. H.D. Fowler Goods & Services Agreement — Authorize
E. Landscape Architect Services for Briscoe Desimone Levee Contract —
Authorize
F. Appraiser(s) and Negotiator(s) for Briscoe Desimone Levee Contract —
Authorize
G. Washington State Transportation Improvement Board Agreement, SE
224th Street Improvements — Authorize
H. Foster Park Pump Station — Accept as Complete
I. Lodging Tax Advisory Committee Appointment — Confirm
J. Land Use & Planning Board Appointment — Confirm
K. Washington Traffic Safety Equipment Grant — Accept
S. OTHER BUSINESS
9. BIDS
A. East Hill Well Motor Control Center & Generator Upgrade Project -
Award
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office. The Agenda Summary page and complete packet are on the City of
Kent web site at www.KentWa.gov
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP
1) Council Retreat Follow-up
2) Marketplace Fairness Act
City of Kent
Council Planning Retreat
March 2013
Prepared by
M,, R K El I N G 01 L U F'f" )N�.......
111,11,11C m maimmi,
Key Opportunities (111:"rom Community Attributes Report)
• Technology Infrastructure (5)
1A. High-tech and high ages jobs
1.Z. Fiber optics tu attract new tech industries
• 0d duwvtuwv (5)
1A. Properties will turn over due tu aging owners
3. Experiencing acurnrnuvity (3)
• City owned properties
• Central location within region
— Can serve regional growth and Seattle
• Rebravdidevdty
— This uf industry and city
• The valley
• Sister cities'
— Kent iv England (flip roles)
• RE
— Outdoor recreation businesses
— Outdoor cluster
— Retail cluster
• Gateway city (|ntervaduva|)
— Proximity tuairport
— Package with av economic development opportunity
Key: numbers is parenthesis indicate votes
City of Kent/Council Retreat Page 12
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Priori-fiza-fion Process
L Luukat City and Department budgets (13/ivdudes5Council)
1A. () ) What are the current expenditure for the service
1.Z. (V) What would be the ideal for that service (if we were doing itwell)
1.3. (Z) Comparison with our peer cities
Z. Generate options for funding through new revenue ur change iv service provision
(3/indudesZCouncil)
3. Determine what you want to do less of, or how to do it differently, or hw to so more of it
and Council wants tu fund it (1)
• Use what we are willing tugutu the community for tu drive our priorities
• Review goals in relationship based uv our target curnrnuvity (s)
• Prioritize based uv what is equality able uv tax burden
• Identify the costs needed tu implement the three highest priorities
• Departments come tu Council with what you want and how much it will cost
• Budget allocations based uv Council values tu broaden city divisions
Staff Priorkies
• Research and report uv the ^high^ issues uv the priority matrix
• Review and analyze cost/benefit uv core programs R(]|
• Distinguish between "must do" and ^duv't have tu do" (Frucess)
• There are sucia| jusdce and equity measures atplay
• Establish Mission and Core Values tu drive staff decisions
Gap
0 Still need to answer the question if we are going to invest in the future, and how
��
As of: Wednesday, April 10, 2013
1. STRATEGIC/POLICY INITIATIVES
1) Review and assess operational expenditure liabilities (Bob)
i. Risk assessment (staff costs and benefits)
ii. Identify any out of the norm expenditures that are not
susceptible to CPI growth (fuel, storms, acts of nature, new
regulations, unfunded mandates, new programs the City is
required to implement with no funding sources)
iii. 1% property tax growth and SST
2) Identify expenditure savings (Bob)
i. Manage healthcare costs
ii. Initiate LEAN processes
iii. Involve staff in efficiency assessments
iv. Evaluate service level delivery
v. Improve staff morale and communication
vi. Identify and implement measurement tools
vii. Match technology to support process
3) Consider equity in utilities (Tom, Bob, Tim & John)
4) Connect the Comprehensive Plan (CP) to long-term fiscal
sustainability goals as part of the upcoming CP update (Fred, Tim,
& Ben)
i. Establish work plan and timeline
ii. Determine the scope of the CP
1. "bare boned" (costing approximately $100K) to meet
the minimum GMA requirement or "complete" (all-
inclusive and detailed)
iii; Public input will be critical
2. CAPITAL REVENUE ENHANCEMENTS
1) Develop a six-year investment strategy that will inform capital
funding decisions, as revenues rebound with improving economic
conditions (Bob, Tim, Jeff, & Mike)
i. Compare reduced capital spending vs. increased operating
spending
ii. Need to manage and maintain what we own prior to
developing and implementing something new
iiL ,Reduce debt
iv. Confirm the plan with Council and ensure they understand it
v. Maintain current practices and policies for capital vs.
operations
vi. Review all available revenue sources
2) Develop a performance management system to support future
budget decisions (Bob)
3. SCOPE OF SERVICES
1) Dedicate staff resources to develop an entrepreneur program (Ken,
Margaret, Jeff, &Tim)
i. Identify new opportunities - as a regional public service
provider
ii. Develop a mechanism and a resource; what is our expertise
1 1 ii, ,, y!' 0,
As of: Wednesday, April 10, 2013
iii. Develop a cost-benefit analysis to determine if we want to
invest
iv. Evaluate market by discipline and by service department
v. Determine if we have the capacity?
vi. Develop a ROI policy
1. Possible departments
a. Police (Jail programs)
b. Court (Probation)
c. Prosecution
d. Public Works
i. Fleet
ii. Traffic signals
iii. Street
iv. GIS
v. Water
vi. Sewer pump station
e. Parks
i. Maintenance
4. LEVEL OF SERVICE
1) Review recreation programs to better understand and determine
cost benefits (Jeff)
2) Invest in parks facility rehabilitation to reduce demand for
maintenance (Jeff)
3) Benchmark permit review times as permit activity increases (In
process — LEAN process applied and improvements underway)
(Fred/Ben)
S. MODE OF SERVICE DELIVERY
1) Review agreements with the RFA to ensure these arrangements
are in the long-term interest of taxpayers (Bob John, Ben & Jeff)
2) Continue to explore ways to use technology to support internal and
external communications (Mike & Michelle)
i. EXTERNAL
1, Mobilize the website to be more user-friendly for users
of handheld devices
2. Utilize technology to provide automated information
and services via our website
1 Conduct a community survey to identify and assess
Mow the public receives information
ii. INTERNAL
1. Increase the usage of CitySpace and TeamSpace
(SharePoint) through training
2. Mobilize technology in city vehicles (communication in
cars)
3) Implement paperless / online solutions (Mike)
4) Move to automated meter reading (Bob, Lorraine &Tim)
5) Review and benchmark employee benefits (Lorraine)
6) Review and possibly redesign the fleet management program to
reduce costs (Tim & Bob)
2 1 ii,
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) Introduction of Appointees
D) Earth Day in Kent Proclamation
E) Arbor Day Proclamation
F) General Federation of Women's Clubs Day Proclamation
G) Legislative Report
H) Public Safety Report
I) Intergovernmental Reports
PROCLAMATION
Whereas, 2013 is the 43rd anniversary of Earth Day; and
Whereas, on the first Earth Day, 20 million people celebrated
our planet's life and beauty and the need for
preserving and renewing the threatened ecological
balances upon which all life on Earth depends; and
Whereas, reducing waste and carbon emissions, conserving
energy and protecting our ecosystems requires the
efforts of every adult and child to help create a
cleaner, safer, healthier world; and
Whereas, Earth Day is celebrated worldwide every April 22;
and
Whereas, the city of Kent, Washington has been conducting
activities to commemorate Earth Day since 1991;
NOW, THEREFORE, I, Suzette Cooke, Mayor of the city of Kent, do
hereby proclaim Saturday, April 20, 2013 as
I
and encourage all residents to reduce, reuse and recycle, and to join
the environmental restoration efforts at Clark Lake Park.
In witness whereof, I have hereunto set my hand and caused the seal
of Kent to be affixed this 16th day of April, 2013.
z Cooke, Mayor
•
NT
WASHINGTON
PROCLAMATION
Whereas, Arbor Day was established in 1872; and
Whereas, the city of Kent recognizes the value of trees in making the
city environmentally sound and aesthetically pleasing, which
promotes good business and a sense of community; and
Whereas, the city of Kent established a "Tree Ordinance"and a tree
maintenance crew for the purpose of maintaining, protecting,
and regulating street trees for beautification of the city; and
Whereas, in recognition of its commitment to trees and the
environment, the city of Kent has been named Tree City
USA by the National Arbor Foundation every year since
2003, making this our 11 th anniversary; and,
Whereas, The city of Kent is one of six cities in the Green Cities
Partnership, working to sustain our healthy urban forests and
natural spaces with the help of dedicated citizens, NOW,
THEREFORE,
1, Suzette Cooke, Mayor of the city of Kent, do hereby proclaim April 27, 2013 as
A RB OR DA Y
In the city of Kent, Washington, and I encourage all residents to consider planting
a tree on their property, to take a moment to enjoy the trees in our local parks, to
appreciate the beautiful green open spaces and forests that we enjoy here in the
Northwest and to join the environmental restoration efforts at West Fenwick Park.
In witness whereof, I have hereunto set my hand and caused the seal of Kent to
be affixed this 16th day of April, 2013.
etpooke, Mayor
•
NT
WASHINGTON
PROCLAMATION
Whereas, The General Federation of Women's Clubs "Sokico" Club, and its members
have enhanced the Kent community through their commitment to volunteer
services, including building a central kitchen for the residents of Multi-Service
Center's Transitional Housing at Titusville, providing mattresses and linens to
the residents of the Domestic Abused Women's Network Safe House,
refurbishing rooms for homeless teens at the South King County Youth Shelter,
and furnishing a bedroom at Catherine's House; and
Whereas, More than 100,000 members of the General Federation of Women's Clubs
donate, on average, more than $30 million and nearly 10 million volunteer
hours to more than 250,000 programs and projects benefitting their local
communities throughout the United States; and
Whereas, Members of GFWC Sokico Woman's Club have raised more than $250,000 and
donated 60,000 hours since the club was chartered in 1983; and
Whereas, Nearly 4,000 member clubs in all 50 states and more than a dozen countries
are at the forefront of grassroots community service, providing crucial support
to cultural, educational, health, and legislative issues of importance to women,
children, and families throughout the world.
NOW, THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim April 24,
2013 as
General Federation of Women's Clubs Day
In the City of Kent and request all citizens of Kent join me in recognizing the General Federal
of Women's Clubs 123`d anniversary and celebrate the many contributions made to our Kent
community by the members of GFWC.
In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this
16th day of April 2013.
r �! ,/
Su Vtte Qooke, Mayor
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 K.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular Council meeting of April 2,
2013.
7B. Approval of Bills.
Numbers were not available.
Z' KENT
Kent City Council Meeting
April 2, 2013
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke.
Councilmember Present: Mayor Cooke, Council President Higgins, Councilmember
Albertson, Councilmember Boyce, Councilmember Ralph, Councilmember Perry,
Councilmember Ranniger and Councilmember Thomas.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. Council President Higgins removed
Item 8A. Chief Administration Officer John Hodgson added two executive sessions to
the agenda. One pertained to property negotiations and another involved pending
litigation.
B. From the Public. None.
PUBLIC COMMUNICATIONS
A. Public Recoanition. Mayor Cooke noted that Council President Dennis Higgins
was named the Government Employee of the Year by the Kent Chamber of
Commerce. She also noted that the Kent Little League opened last weekend.
Councilmember Ralph discussed the Alpin Hong outreach performances last week and
2,500 students attended. She noted that a Kent-Meridian student played a duet with
him at one of his performances. She said she highly supports the Arts Commission
Concert Series.
B. Community Events. None given.
C. Washinaton Festivals and Events Association Awards. Jeff Watling, Parks
and Recreation Services Director noted that the City brought home three awards at
the Washington Festivals and Events Association Award event. He recognized West
Coast Awards for their work.
D. Legislative Report. Communication and Public Affairs Manager Michelle Wilmot
updated Council on legislative issues. She stated that it is the 79th day and the
session will possibly, but not likely, be over on April 28th. She noted that the budget
hasn't been announced yet.
E. Interaovernmental Report. Council President Higgins communicated that the
Mental Health and Drug Dependency Oversight Board discussed the methodology for
prioritization. He reported that at the Regional Transit Committee the alternate
services plan pilot program in Snoqualmie was discussed and is all going well. He
reported on the discussion held at the Regional Policy Committee regarding Kirkland's
holding out to get advanced life support services hosted within their City included in
the emergency levy and have not reached an agreement with the County Executive.
1
He stated many people within Sound Cities Association and the emergency medical
community feel that Kirkland is not being cooperative at this point. He discussed how
the Committee was prepared to endorse the levy renewal but at the last minute gave
Kirkland and the County time to work it out. He noted that at this point, the levy
renewal will have to appear on the November ballot with 60 percent to 40 percent,
similar to other levy renewals.
Councilmember Ralph noted her attendance at the Regional Law and Safety
Committee. She stated that the Liquor Control Board discussed the marijuana
initiative implementation and the challenges it presents. She also noted that a
presentation was given by Kent Community presented the challenges to our youth.
She discussed the Highline Forum on the Puget Sound Gateway project that was
discussed at the workshop meeting. She said the project is a combined effort to
connect freight corridors to the ports of Seattle, Tacoma and Kent destinations. She
noted that Council executed a letter advocating for these projects.
Councilmember Albertson noted that she will not be attending the Regional Quality
Committee meeting but will be joining a group from the Sound Cities Association to
lobby day in Olympia for "Keep King County Moving" to increase transportation dollars
and will speak with three legislators tomorrow.
Councilmember Perry noted her attendance at the Economic Development District
Board meeting last month and no major action items were discussed. She noted
several vacant positions in the Growth Planning Council and Growth Management
Planning Board, and wanted to encourage Councilmembers to be a voice on these
committees because it affects our growth management act and is vital to the City.
She stated that at the last Public Issues Committee (PIC) meeting they endorsed the
Association of Washington Cities' position on open public records legislation. She also
stated that PIC did an emergency motion and sent a letter to Olympia to support
extending lodging tax funds to include events within the City. These funds have a
sunset clause and if they sunset, the City cannot use lodging tax funds for events.
She also noted that the number of lodging tax dollars will be large this year and the
City should support House Bill Tax 1253.
Councilmember Ranniger stated that she attended the "Post Racial America, Are We
There Yet," discussion and it was informative. She said it is a fantastic opportunity
and encouraged the City to participate.
PUBLIC COMMENT
No public comment was given.
City Attorney Tom Brubaker explained why the ordinance referred to in Item 7E,
Consolidated LID #363, 359 and 362 Bond, is a draft and he has provided copies of
the final ordinance. He noted that this is a $10.5 million consolidated bond and a
number of bond experts have to monitor the ordinance, making sure the numbers are
correct. He noted that the new final ordinance is slightly different from the draft in the
packet.
2
CONSENT CALENDAR
Council President Higgins moved to approve Consent Calendar Items A
through H, seconded by Councilmember Thomas. The motion carried 7-0 and
the following items were approved:
A. Minutes of the workshop and regular Council meeting of March 19, 2013.
B. Payment of the bills received through February 28 and paid on February 28 after
auditing by the Operations Committee on March 19, 2013.
Checks issued for vouchers:
Date Check Numbers Amount
2/28/13 Wire Transfers 5389-5399 $1,229,526.00
2/28/13 Regular Checks 671162-671554 3,089,625.53
2/28/13 Use Tax Payable 3,867.10
$4,323,018.63
Checks issued for payroll for March 1 through March 15 and paid on March 20, 2013:
Date Check Numbers Amount
3/20/13 Checks 330938-331095 $ 90,052.49
3/20/13 Advices 311408-312037 1,170,161.23
$1,260,213.72
C. Asphalt Material Purchase. The Mayor was authorized, through the Public
Works Director, to purchase asphalt in an amount not to exceed $200,000 for work
performed by city forces during the 2013 calendar year and to ratify all acts
consistent with this motion.
D. Clark Sprinas Transmission Main Easement Aareement. The Mayor was
authorized to sign an easement agreement with the city of Maple Valley for the City's
Clark Springs Transmission Main, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
E. Consolidated LID #363 Bonds. Ordinance No. 4077, authorizing the issuance of
the Consolidated 363 LID Bonds was adopted and the Mayor was authorized to
execute all documents necessary for the issuance, subject to final terms and
conditions acceptable to the City Attorney and Finance Director.
F. Human Services Master Plan/Building a Healthy Community. The proposed
2013-2018 Human Services Master Plan/Building a Healthy Community was approved.
G. Land O'Frost Donation Agreement. The $18,000 donation from Land O' Frost
for the 2013 season of youth sports programs was accepted and the Mayor was
authorized to sign the donation agreement, and adjust the budget accordingly,
subject to final terms and conditions acceptable to the City Attorney and the Parks
Director.
3
H. Washington State Slo-Pitch Umpires Association Agreement—The Mayor
was authorized to sign the Washington State Slo-pitch Softball Umpires Association
Agreement for the 2013 season.
ITEM WITHDRAWN
BA. Gambling Tax Rate Reduction for House Banked Social Card Room,
Ordinance — Adopt.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. Council President Higgins discussed the workshop and Council
not wanting to take action on the Gambling tax. He also discussed the Puget Sound
Gateway Project letter and an issue before the United States Congress, called the
Marketplace Fairness Act which he said he is bringing back to the Council for a
workshop in the future.
B. Mayor. Mayor Cooke highlighted the WWEE breakfast and keynote speaker Anita
Paige. She discussed the various meetings and events she attended. She discussed
the King County Flood Control Zone District and that Reagan Dunn is now the Chair of
the group. She stated that they discussed communication between the District, King
County Council, and the local jurisdictions. She highlighted her service on the King
County Coordinating Committee on Gangs and there is a document coming out from
the committee soon. She discussed the LEAN exercise going on in the City staff. She
noted that the Permit Department has gone through the process and how it worked.
C. Administration. Chief Administrative Officer Hodgson echoed the Mayor's
comments on the LEAN process and reducing the timeline by 50 percent. He also
noted that there would be an Executive Session for 30 minutes and action following
on two items.
D. Economic & Community Development Committee. Councilmember Perry
noted that the City did get a response about the Downtown Strategic Action Plan and
it will be coming to Council. She added that they are major changes and encouraged
everyone to be aware of this and asked that this item be placed on a future
workshop.
E. Operations Committee. None.
F. Parks and Human Services Committee. Councilmember Ranniger stated that
the Parks and Human Services Committee passed the Human Services Master Plan
has been adopted and discussed the additions and revisions to the plan. She noted
that the community has grown very diverse and the number of families that speak a
language other than English is 43 percent of the Kent population. She added that
under the Director's Report there was a request to rename the Senior Center after
former Mayor Isabel Hogan.
G. Public Safety Committee. Councilmember Boyce stated the meeting on April 9 is
cancelled.
4
H. Public Works Committee. Councilmember Albertson stated the next meeting will
be Monday, April 15 at 4:00 p.m.
I. Reaional Fire Authority. Councilmember Thomas discussed a workshop in Ocean
Shores concerning budgeting and the next meeting will be on April 10.
EXECUTIVE SESSION
At 7:47 p.m., Mayor Cooke announced that the Council would recess into an
Executive Session for forty minutes to discuss potential litigation, property
acquisition, and labor negotiations, per RCW 42.30.110(1)(i), RCW
42.30.110(1)(b), and RCW 42.30.140 (4)(a), respectively.
At 8:29 p.m., the Executive Session concluded and the regular meeting
reconvened.
City Administrative Officer John Hodgson briefly discussed the three-year collective
bargaining agreement and settlement with the Kent Police Officers Association
(KPOA).
Councilmember Thomas moved to authorize the Mayor to sign a three-year
collective bargaining agreement with the Kent Police Officers Association
(KPOA) - Officers and Sergeants effective January 1, 2013 through
December 31, 2015. Councilmember Boyce seconded. Motion carried 7-0.
CAO Hodgson explained the next item as the purchase of park land at Clark Lake
Park. He noted that this is part of a 120 acres assemblage that Kent and King County
have been working on for the last 20 years. This parcel is funded 100% by grants
from King County and State of Washington.
Councilmember Ranniger moved to authorize the Mayor to sign all necessary
documents to complete the purchase of property owned by Charles Schulte
and Michelle Perreira, consisting of .71 acres to be added to the Clark Lake
Park assemblage, within established budgets and subject to approval of the
final terms and conditions by the City Attorney and Parks, Recreation, and
Community Services Director. Councilmember Perry seconded and the
motion carried 7-0.
ADJOURNMENT
The meeting adjourned at 8:37 p.m.
Ronald F. Moore, MMC
City Clerk
5
Z' KENT
Kent City Council Workshop
April 2, 2013
The meeting was called to order at 5:36 p.m. by Council President Higgins.
Councilmembers present: Higgins, Thomas, Boyce, Perry, Ranninger, Ralph, and
Albertson.
Gamine/House Banked Social Card Rooms. Council President Higgins discussed
that Great American Casino presented a letter to lower the gambling tax rate from 11
to 4 percent. A reduction in the gambling tax rate from 11 to 7 percent passed by a
vote of 2-1 in the Operations Committee.
Chief Administrative Officer Hodgson introduced the item. He noted that the Great
American Casino was annexed into the City with the Panther Lake annexation. There
has been discussion concerning their moving within and outside the annexation area.
He added that the City has done research concerning both options and based on the
Gambling Commission, if the City allows Great American Casino to move, the City is
allowing other gaming/social card rooms to exist throughout the community.
However, he noted that they haven't been doing well in this economy. He discussed
different ways of controlling the number of casinos the City could have, such as
having a base tax rate and an increased rate for any new establishments.
City Attorney Brubaker stated that there are two follow up items that the Council left
with him. One was creating a gambling zone and based on his research, the attorney
with the Gambling Commission wasn't too favorable on the zone idea, but stated
there could be an area in the City where the tax code could be amended and an area
could be identified with a higher tax rate. He stated that the Gambling Commission
wouldn't necessarily support this, but they wouldn't fight it either. However, he noted
that if a new casino located there and challenged the rate and if the City lost the
"switch" to have unlimited casinos locate anywhere would be turned on. The next
option would be for the Great American Casino to continue to operate in its current
location where it was annexed. However, again if they are allowed to move, the City
would have to allow other casinos in.
City Attorney Brubaker explained the options which is to do nothing; do a Tukwila
type ordinance that allows five or three year and the tax goes up; to formulate a
zoning concept; to do nothing and say the law is not clear under the annexation
statute, let Great American Casino relocate with the knowledge that down the road
that we would have to shut them down. Additionally, the City could pass an ordinance
turning the switch off effective five years hence and they would have to close their
door in five years.
Councilmembers discussed the pros and cons of this issue and their concerns.
Council President Higgins noted that there is no direction to the City staff at this time.
Puget Sound Gateway Proiect. Councilmember Ralph noted she attended an
information meeting at the Highline Forum and discussed the project known as the
Puget Sound Gateway. She explained it was a combination of connections which
Kent City Council Workshop Minutes April 2, 2013
would be done in phases. She noted it is currently in the transportation package
costing $1 billion. She noted it would be a huge impact to Kent and it was suggested
that we sign a letter of support to the Transportation Committee.
Councilmember Thomas moved to sign the letter in support and
Councilmember Perry seconded. Motion carried 7-0.
Sales Tax Fairness. Council President Higgins noted that last year Council signed a
letter in support of the marketplace fairness act and it failed in Congress last year. He
stated that he would like to redraft the letter and bring it back to workshop.
The meeting adjourned at 6:36 p.m.
Ronald F. Moore, MMC
City Clerk
2
KENT Agenda Item: Consent Calendar — 7C
TO: City Council
DATE: April 16, 2013
SUBJECT: Meridian Firs Bill of Sale — Accept
MOTION: Accept the Bill of Sale for the Meridian Firs Stormwater System
for 7 catch basins, 225 linear feet of infiltration swale or drainage ditch, 14,400
cubic feet of detention pond storage and 612 linear feet of 12-inch diameter storm
sewer line, subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY: Meridian Firs is a residential subdivision that was constructed with a
stormwater system that conveyed flows from both private and public areas. After it
was constructed, an upstream residential development was permitted and constructed
that drained stormwater runoff from public streets into and through portions of the
private stormwater system. The Meridian Firs Homeowners Association (HOA)
requested that the City take ownership and maintenance responsibility for the main
trunk line of the stormwater system which was conveying stormwater from the public
roadways. The City inspected the system and requested structural upgrades to the
trunk line, which the Meridian Firs HOA has completed. The City has also requested
easements for maintenance of the trunk line system, and those have been signed by all
the necessary owners within the HOA for the portions within private parcels and within
the HOA-owned open spaces.
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: None
MAIL TO:
CITY OF KENT
ENGINEERING DEPARTMENT
ATTN: Frank Grewell
220 — 4TH AVENUE SOUTH
ENT KENT, WASHINGTON 98032
WASH IN GTO14 '..
Project: Meridian Firs
Permit
Location: s amyl ekqse, Z
Parcel
r;-L1 ttC6 30 .. Dkzb
BILL OF SALE
CITY OF KENT
KING COUNTY, WASHINGTON
fH ///��-Y �'� 20 �3 b
THIS INSTRUMENT made this day of y and between
Meridian Firs Homeowners Association, hereinafter called "Grantors", and City of Kent, a municipal
i
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. STORM SEWERS:
Together with a total of 7 catch basins at $ 1650 each, 225 LF of biofiltration Swale or
drainage ditch with a total cost of $ 100 14 400 cubic feet of detention pond storage with
a total cost of$ 1,100 , and/or any other appurtenances thereto.
ON FROM Y®
(street, easement, etc.)
Easements 145th Place SE 146`h Ave. SE
Including 612 linear feet at $ SO average per LF of 12 incis c iameter PVC. ADS anal
RCP 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
i
City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year
maintenance period.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
/�Y'4 day of arc h 20
IJU�
��1�-tri �U�W �PiVl+�1-c.e�,/ V�f - �1•�G�i����' �i'
I
STATE OF WASHINGTON )
SS
COUNTY OF KING )
On this �� A day of �� r` �' 20 before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared n 9'.Se r to me known to be the individual described in and
who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this
instrument as his/her free and voluntary act anddeed for the uses and purposes therein mentioned.
/�J
GIVEN under my hand and official seal this l v� day of /V't r CA 20 / 3
'Not Public in nd fo a State of
® e� v�y�Ksvey'A Waskington, Pesi ing at
My Commis 'on Exfaires:
>i 4yq
KENT Agenda Item: Consent Calendar - 7D
TO: City Council
DATE: April 16, 2013
SUBJECT: H.D. Fowler Goods & Services Agreement - Authorize
MOTION: Authorize the Mayor to sign the goods and services agreement
with H.D Fowler Co. to supply material needed to upgrade aged water main and
water service lines in an amount not to exceed $21,431.78, including sales tax,
subject to final terms and conditions acceptable to the City Attorney and the Public
Works Director.
SUMMARY: The City's Water Division annually schedules the replacement of
deteriorated sections of the City's water mains. These projects are small in nature and
are part of our annual work plan.
EXHIBITS: Goods & Services Contract
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: None - Funding is budgeted out of the operating budget.
GOODS & SERVICES AGREEMENT
between the City of Kent and
H.D. Fowler Company
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and H.D. Fowler Company organized under the laws of the
State of Washington, located and doing business at 13440 SE 30th Street, Bellevue, WA 98005,
Phone: (206) 255-4314/Fax: (425) 746-0391, Contact: Ryan Huff (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
The Vendor shall supply materials for the replacement of five 2" galvanized water
mains. For a list of materials, see the Vendor's bid which is attached as Exhibit A
and incorporated by this reference.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services within 90 days.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty
One Thousand, Four Hundred Thirty One Dollars and seventy eight cents ($21,431.78), including
applicable Washington State Sales Tax, for the goods, materials, and services contemplated in
this Agreement. The City shall pay the Vendor the following amounts according to the following
schedule:
GOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
After receipt of all materials listed in Exhibit A and receipt of invoice.
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Vendor has the ability to control and direct the performance and details
of its work, the City being interested only in the results obtained under this
Agreement.
B. The Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings
of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
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
GOODS & SERVICES AGREEMENT - 4
(Over$10,000.00, including WSST)
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,
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.
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
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.
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSST)
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.
VENDOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Ryan Huff Timothy J. LaPorte, P.E.
H.D. Fowler Company City of Kent
13440 SE 30th Street 220 Fourth Avenue South
Bellevue, WA 98005 Kent, WA 98032
(206) 255-4314 (telephone) (253) 856-5500 (telephone)
(425) 746-0391 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
HD Fowler-2In Gely WM kepl/CFelgue
GOODS & SERVICES AGREEMENT 7
(Over$10,000.00, including WSST)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 20__.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 20__.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
EXHIBIT A
Bid!No:627.E312 Rage 1.of 2:
rsaANG
[A.D. FOWLER
Et' GORAPAIIJY
Customer: BIDDING CONTRACTORS Bid No: B21632.2
Estimator: Jeffrey Emory Bid Date: 2/20/2013
Job Name: 2" GALS/ MAIN REPLACEMENT PARTS
Location: KENT, WA
w:raKUKa"rzKirnnrm�wman� r�er�miu surrusu err mw�n�u xi+n�:mmuiunuwuumm�wrwiw - vourruKAKw r ,u rnm um, Naoittrc,K,�nmuv wK.wwmwKixur�iwsaxrozrausuaresdrmu;amuwi�mrowmu�m.mi muursr, uro' 'mrv�u��amnmrc rgAr" a
tune Qty UoM Description Unit Price Extended Price
1 TO EA 4"BLACK FELT&NUT KIT"SPER 5/8"X 3"' A 307,GRADE A,IMPORT' 5,06 5MO
2 470 FT 4'CL 52 DJ PIPE TJ,CI.S1/A27LSS,C104,C/L,18.2'5'NOM.LGTI-I,SBR CASKET" 1.4,33 6,735.10
i1.3.1 L6S/FTJ
3 5 EA 6"MJ X 4"FL"1-EE DV,AWWA C153,C/L,LE5S ACCESS 154 LBS) 101,11 505.55
4 S EA 4"MJ X FL TEE DI,AWWWA C153,€:/L,LESS ACCESS 08 LBS) 63.72. 318.60
S S EA 4'MJ 90 EILL,DI,AW WA C153,C&LESS ACCESS 12.6 LBS)5 36.86 1.84.30
6 5 EA 6"Ml SLEEVE LONG PATTERN DI,fAW WA C153 LESS ALCE5SOP.IES(39 LBS) 54.77 273,85
7 5 EA 4" MJ SLEEVE LONG.PAAIERN DI,A.WWA C153 LESS ACCESSOMES(241,BS) 32.65 163.25
i
8 5 EA 4" MJ P1-UG1 DI,SSB,AWWA C153,1ES6 ACCESS IS 1-85) 16.33 81.,65
9 5 EA 4"X 3'0'"DIP SPODL,F X PE,CEMIIENT LINE D,ASPHAL71C COATING OUT SIDE '127,77' 638.85 �
1.0 10 EA 4„ DUCTILE IRON MJ X FL.GATE VALVE AW WA C.515 RESILIENT SFAT, LESS MJ 322.31. 3,,22.3.1.0
ACCESSORIES(15 LBS)
11 5 EA 4" DI BLIND FLANGE A 2"'FIPT'TAP,AWWA C110,NORMALLY BARE FINISH 49.50 247,50
(14 LBS)
1.2 20 EA 6"WEDGE.ACTION M:RETAINER GLAND FOR DIP 20.73 414.60
13 20 EA 6"CASKET AND T-BOLT SET FOR C153 MJ F117INGS 11.90 23800
14 40 EA 4'„WEDGE ACTION M) RETAINER(,,LAND FOR DIP 17.44 697.66
15 40 EA 4"GASKET AND T-BOLT SET'FOR C19 MJ FITTINGS 9,51 380,40
16 5 EA 2 1/2"MN'ST X 2"MIRE BRASS H05E ADAPTER 28.24 141.20
17 5 EA 2-1/2" BRASS FIRST HOSE DAP WIT11I CHAIN 1,7.015 85.30
1.8 5 EA CAST IRON METER BOX WITH LID OFCO SIV3011.-3/4"X 23-3/4"X 16" (f011 1- 446.65 2,2.33.25
1/2"and 2"roeters)
19 '10 Ell 1-9 X'20 X 12 JUMBO METER BOX BASE€9LACK,CARSON 24.31 24110
20 1O EA 13 X 20 JUMBO METER BOX COVER BLACK WITH HINGED PLASTIC READER 9,34 93.40
"WATER",CARSONI
21 10 EA 5 40 X JI"dP SADDLE ROMAC.202:BODY ONLY 1.6.48 1.64.80
22 20 EA SAD"POMAC U-BOUT WITH NUTS AND WASHERS,7.INC PLATED 7.77 155.40
23 10 EA FORD F500-4 1`BP X IF CORP STOP NO LEAD 35A1 3:54.10
24 10 EA 5/8"X 8'/'4'"FORD VH72-1SW-11-33 MLI ER SETTCR, KEY VALVE INLES', 15" 118.98 1,1.88,80
HIGH,CHECIK VALVE OUTLET,DP ON&OUT NO LEAD
25 TO EA FORD C86-34 3/4"MR)X:1'IIPS PJ ARAM ER NiO LEAD 26,36 263.60
26 10 EA PCR'D C16-441"EIP X ITS P1 ADAPTER NO READ 20.2.5 202.50
27 500 FT 1"SIDR 7 200 PSI POLY PIPE,PE3408,AS'TM D2239,IP5 517.'E. 100FT,COIL 0,51 255.010
28 20 EA 1'°IPS STIFFENER FORD##72,ALSO CAN BE.USED AS 1-1f4"FORD LI S 1,51 30:.20
STIFFNER 453
29 10 EA. 4",1/8"PING GASKET RED RUBBER,150# 0,88 8.80
Approximate Total 19,572..40
TAX -9,5% 1859.378
Total 21,4131.78
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
KENT Agenda Item: Consent Calendar — 7E
TO: City Council
DATE: April 16, 2013
SUBJECT: Landscape Architect Services for Briscoe Desimone Levee
Contract - Authorize
MOTION: Authorize the Mayor to sign a consultant services contract in an
amount not to exceed $25,000 for landscape architectural services for the Briscoe-
Desimone Levee Improvements Project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The King County Flood Control District has authorized construction of the
floodwalls to meet FEMA levee accreditation standards throughout the Briscoe-
Desimone levees. In order to balance the needs of the river habitat and recreation the
city will plant the existing riverbanks with native trees and shrubs that provide shade
and allow for views of the river.
The planting plan has been developed by city staff; however, we would like to retain
the services of a landscape architect to review the design and provide comments on
possible improvements. This is a major project and ensuring proper planting will be
important to its long-term success.
In order to expedite the levee reconstruction project and begin construction this year,
the Public Works Department, by this motion, is seeking council authorization to award
this contract before the contract selection process has occurred. If approved, staff will
follow the appropriate process and the Mayor will execute the contract without further
council authorization, so long as the final contract amount, including sales tax, does
not exceed $25,000.
EXHIBITS: None
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: None. Funding for the project is coming from the state and the
King County Flood Control District.
KENT Agenda Item: Consent Calendar — 7F
TO: City Council
DATE: April 16, 2013
SUBJECT: Appraiser(s) and Negotiator(s) for Briscoe Desimone Levee
Contract — Authorize
MOTION: Authorize the Mayor to sign contracts for property appraisers and
negotiators for the Briscoe/Desimone levee in an amount not to exceed $40,000,
subject to final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: To accomplish the work required for the Briscoe Desimone floodwall
authorized by the King County Council last month, it will be necessary to retain
professionals for property and/or easement acquisitions.
The levee is owned by the City of Kent, the City of Tukwila and/or King County, there
are areas where easements or property may be acquired which will make construction
access or revised slopes easier to design and build.
Historically, the City utilizes professionals in this field who are licensed and experienced
in this type of work. These appraisal and property negotiation professionals will assist
city engineering staff in accomplishing this work. It is not readily possible to closely
estimate the cost for these services. We expect it to be in a range of $30,000 to
$40,000. Because some of the work will be within the corporate limits of Tukwila, a
separate interlocal agreement (ILA) with Tukwila will be required before work will be
completed in Tukwila.
In order to expedite the levee reconstruction project and begin construction this year,
the Public Works Department, by this motion, is seeking council authorization to award
this contract before the contract selection process has occurred. If approved, staff will
follow the appropriate process and the Mayor will execute the contract without further
council authorization, so long as the final contract amount, including sales tax, does
not exceed $40,000.
This work will also be subject to the approval of the ILA between the city of Kent and
the King County Flood Control Zone District (KCFCZD).
EXHIBITS: None
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: All of the cost for these services would be paid by either state
grant funds or the KCFCZD.
KENT Agenda Item: Consent Calendar - 7G
TO: City Council
DATE: April 16, 2013
SUBJECT: Washington State Transportation Improvement Board
Agreement, SE 224th Street Improvements - Authorize
MOTION: Authorize the Mayor to sign an agreement with the Washington
State Transportation Improvement Board for Phase 1 of the South 224th Street
Improvement Project, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: The Public Works Department was awarded a $5,000,000 grant from the
Washington State Transportation Improvement Board for Phase 1 of the City's S. 224th
Improvement Project. Phase 1 of this project will construct a three-lane roadway
between East Valley Highway and SR 167, a new bridge over State Route 167 and the
connection to 88th Avenue S.
The remaining phase(s) of the project will complete the three-lane roadway up to the
Benson Highway. This new roadway will be roughly 1.8 miles long, and will include
curbs, gutters and sidewalks on both sides of the street, a two-way left turn lane,
planted center medians where possible, roadside planter strips, street lighting,
undergrounding of overhead electrical facilities and storm water management facilities.
This grant coupled with the passage of the Local Improvement District 363 final
assessment roll provides nearly $16,000,000 in funding for this first phase of the
project.
EXHIBITS: Washington State Transportation Improvement Board Fuel Tax Grant
Agreement
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: The City's matching share for this grant will be paid out of Local
Improvement District 363 funds.
Washington State Transportation Improvement Board 9-P-106(010)-1
Fuel Tax Grant Agreement
City of Kent
9-P-106(010)-1
S 224th Street
84th Avenue S to 88th Avenue S
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Kent
AGREEMENT
THIS GRANT AGREEMENT (hereinafter"Agreement")for the S 224th Street, 84th Avenue S to
88th Avenue S (hereinafter "Project") is entered into by the WASHINGTON STATE
TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB") and City of Kent, a political
subdivision of the State of Washington (hereinafter"RECIPIENT").
1.0 PURPOSE
TIB hereby grants funds in the amount of$5,000,000 for the project specified above, pursuant
to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter
47.26 RCW, title 479 WAC, and the terms and conditions listed below.
2.0 SCOPE AND BUDGET
The Project Scope and Budget are initially described in RECIPIENT's Grant Application and
incorporated by reference into this Agreement. Scope and Budget will be further developed and
refined, but not substantially altered during the Design, Bid Authorization and Construction
Phases. Any material alterations to the original Project Scope or Budget as initially described in
the Grant Application must be authorized by TIB in advance by written amendment.
3.0 PROJECT DOCUMENTATION
TIB requires RECIPIENT to make reasonable progress and submit timely Project
documentation as applicable throughout the Project. Upon RECIPIENT's submission of each
Project document to TIB, the terms contained in the document will be incorporated by reference
into the Agreement. Required documents include, but are not limited to the following:
a) Project Funding Status Form
b) Bid Authorization Form with plans and engineers estimate
c) Award Updated Cost Estimate
d) Bid Tabulations
e) Contract Completion Updated Cost Estimate with final summary of quantities
f) Project Accounting History
4.0 BILLING AND PAYMENT
The local agency shall submit progress billings as project costs are incurred to enable TIB to
maintain accurate budgeting and fund management. Payment requests may be submitted as
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
Fuel Tax Agreement Page I of; Novembcr 2012 ,!
I
i
e e Washington State Transportation Improvement Board 9-P-106(010)-1
Fuel Tax Grant Agreement
amounts are greater than $50,000. If progress billings are not submitted, large payments may
be delayed or scheduled in a payment plan.
5.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through closeout of
the grant or until terminated as provided herein, but shall not exceed 10 years unless amended
by the Parties.
6.0 AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties. Such amendments shall
not be binding unless they are in writing and signed by persons authorized to bind each of the
Parties.
7.0 ASSIGNMENT
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to
assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a
waiver of the RECIPIENT's other rights under this Agreement.
8.0 GOVERNANCE &VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9.0 DEFAULT AND TERMINATION
9.1 NON-COMPLIANCE
a) In the event TO determines, in its sole discretion, the RECIPIENT has failed to
comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT,
in writing, of the non-compliance.
b) In response to the notice, RECIPIENT shall provide a written response within 10
business days of receipt of TIB's notice of non-compliance, which should include either a
detailed plan to correct the non-compliance, a request to amend the Project, or a denial
accompanied by supporting details.
c) TO will provide 30 days for RECIPIEN L to make reasonable progress toward
compliance pursuant to its plan to correct or implement its amendment to the Project.
d) Should RECIPIENT dispute non-compliance, TO will investigate the dispute and
may withhold further payments or prohibit the RECIPIENT from incurring additional
reimbursable costs during the investigation.
9.2 DEFAULT
RECIPIENT may be considered in default if-118 determines, in its sole discretion, that:
Fuel Tax Agreement Page 2 of 5 November 2012
Washington State Transportation Improvement Board 9-P-106(010)-1
,..m Fuel Tax Grant Agreement
a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the RECIPIENT's request to amend the Project.
c) After investigation TIB confirms RECIPIENT'S non-compliance.
TIB reserves the right to order RECIPIENT to immediately stop work on the Project and
TIB may stop Project payments until the requested corrections have been made or the
Agreement has been terminated.
9.3 TERMINATION
a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2,
TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which
shall be served in person, by email or by certified letter. Upon service of notice of
termination, the RECIPIENT shall immediately stop work and/or take such action as may
be directed by TIB.
b) In the event of default and/or termination by either PARTY, the RECIPIENT may
be liable for damages as authorized by law including, but not limited to, repayment of
grant funds.
c) The rights and remedies of TO provided in the AGREEMENT are not exclusive
and are in addition to any other rights and remedies provided by law.
9.4 TERMINATION FOR NECESSITY
TO may, with ten (10) days written notice, terminate this Agreement, in whole or in part,
because funds are no longer available for the purpose of meeting TIB's obligations. If
this Agreement is so terminated, TIB shall be liable only for payment required under this
Agreement for performance rendered or costs incurred prior to the effective date of
termination.
10.0 USE OF TIB GRANT FUNDS
TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for
anything other than highway or roadway system improvements is prohibited and shall subject
the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is
purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds
from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor
vehicle purpose.
11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS
At Bid Award and Contract Completion, RECIPIENT may request an increase in the TIB funds
for the specific project. Requests must be made in writing and will be considered by TIB and
awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAG
479-05--202 and/or WAC 479-01-060. If an increase is denied, the recipient shall be liable for
costs incurred in excess of the grant amount. In the event that final costs related to the specific
project are less than the initial grant award, TIB funds will be decreased and/or refunded to] 1B
in a manner that maintains the original ratio between TIB funds and total project costs.
Fuel Tax Agreement Page 3 of 5 Novonber 2012
Washington State Transportation improvement Board 9-P-106(010)-1
' } Fuel Tax Grant Agreement
12.0 INDEPENDENT CAPACITY
The RECIPIENT shall be deemed an independent contractor for all purposes and the
employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof
shall not in any manner be deemed employees of TIB.
13.0 INDEMNIFICATION AND HOLD HARMLESS
The PARTIES agree to the following:
Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its
officers, officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in
anyway resulting from, that PARTY's own negligent acts or omissions which may arise in
connection with its performance under this Agreement. No PARTY will be required to
indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries,
death, or damages is caused by the sole negligence of the other PARTY. Where such claims,
suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions
provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence.
Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim,
demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For
this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the
other PARTY only, any immunity that would otherwise be available to it against such claims
under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions
of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees
and costs incurred from the other PARTY. The obligations of this Section shall survive
termination of this Agreement.
14.0 DISPUTE RESOLUTION
a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any
dispute arising under or in connection with this AGREEMENT. The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with
the terms of this AGREEMENT.
b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes
promptly and at the lowest organizational level.
c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall
submit the matter to non-binding mediation facilitated by a mutually agreed upon
mediator. The PARTIES shall share equally in the cost of the mediator.
d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in order to avoid delays or additional incurred cost to the Project.
e) The PARTIES agree that they shall have no right to seek relief in a court of law until and
unless the Dispute Resolution process has been exhausted.
Fuel Tax Agreement Page 4 of 5 November 2012 !
Washington State Transportation Improvement Board 9-P-106(010)-1
® Fuel Tax Grant Agreement
I
15.0 ENTIRE AGREEMENT
This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter
47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code,
and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all
previous written or oral agreements between the PARTIES.
16.0 RECORDS MAINTENANCE
The RECIPIENT shall maintain books, records, documents, data and other evidence relating to
this Agreement and performance of the services described herein, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain
such records for a period of six years following the date of final payment. At no additional cost,
these records, including materials generated under the Agreement shall be subject at all
reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or
agreement.
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.
Approved as to Form
Attorney General
By:
Signature on file
Guy Bowman
Assistant Attorney General
i
Lead Agency Transportation Improvement Board
Signature of ChairmanfMayor Date Executive Director Date
Print Name Print Name
Fuel Tax Agreement Page 5 of 5 November 2012
�\ Transportation Improvement Board
Project Funding Status Form
Agency: KENT TO Project Number: 9-P-1 06(010)-1
Project Name: S 224th Street
84th Avenue S to 88th Avenue S
Verify the information below and revise if necessary.
Return to:
Transportation Improvement Board
PO Box 40901
Olympia,WA 98504-0901
PROJECT SCHEDULE
•�'• { ,s7ar6@kEDaiest
Construction Approval Date
Contract Bid Award
Contract Completion -
PROJECT FUNDING PARTNERS
List additional funding partners and amount.
"ran di99 Partna[s t Am4unt� � y Re+�'Ised Fu(idioeq_
a �
KENT 0
WSDOT 0
Federal Funds 0
Local Improvement District 9,246,761 '..
i
TOTAL LOCAL FUNDS 9,246,761
Signatures are required from two different agency officials. Return the originally
signed form to the TIB office.
Mayor or Public Works Director
Signature Date
Printed or Typed Name Title
Financial Officer
Signature Dale '..,
Printed or Typed Name Title
TIB Project Funding Status Form
KENT Agenda Item: Consent Calendar — 7H
TO: City Council
DATE: April 16, 2013
SUBJECT: Foster Park Pump Station — Accept as Complete
MOTION: Accept the Foster Park Pump Station Project as complete and
release retainage to Road Construction Northwest, Inc. upon receipt of standard
releases from the state and the release of any liens. The original contract amount
was $828,849.30. The final contract amount was $797,802.63.
SUMMARY: This project was a part of the Horseshoe Bend Levee Project and consisted
of installing a storm water pump station that includes a standby generator system and
electronic communications system, shelter structures for the pump station generator
and electrical facility. The contract amount was $31,046.67 under the original bid. The
project was required as part of the FEMA levee accreditation effort.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: Work on this project is included in the $10 million State grant for
Horseshoe Bend.
KENT Agenda Item: Consent Calendar - 7I
TO: City Council
DATE: April 16, 2013
SUBJECT: Lodging Tax Advisory Committee Appointment - Confirm
MOTION: Confirmation of the Lodging Tax Advisory Committee's
recommendation of Andrew Hutchison's re-appointment to the Lodging Tax
Advisory Committee for a three-year term, expiring December 31, 2015.
SUMMARY: The Lodging Tax Advisory Committee recommends Andrew Hutchison be
re-appointed to the Lodging Tax Advisory Committee. Mr. Hutchison is the General
Manager at the Best Western Plaza by the Green in Kent. This position, on the
committee is to be filled by a representative that represents businesses required to
collect lodging tax. Mr. Hutchison's position expires December 31, 2015.
EXHIBITS: None
RECOMMENDED BY: Mayor Cooke & Lodging Tax Advisory Committee through the
Operations Committee
BUDGET IMPACTS: None
KENT Agenda Item: Consent Calendar - 73
TO: City Council
DATE: April 16, 2013
SUBJECT: Land Use & Planning Board Appointment - Confirm
MOTION: Confirm the Mayor's recommendation of Frank Cornelius, Jr. for
an appointment to the Land Use & Planning Board for a three-year term, expiring
December 31, 2015.
SUMMARY: Mr. Cornelius is a West Hill resident and his experience will bring a wealth
of knowledge to the Land Use & Planning Board. Mr. Cornelius will replace James
Sturgul. Mr. Cornelius will serve a three-year term that expires December 31, 2015.
EXHIBITS: LUPB Application
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
- ; - - -
Field Value
Name !Frank A. Cornelius, Jr,
---
Address3817 S. 255th Pl., Kent, WA
ZIP 198032 _ -_._--
Phone Numbers 206-77 9-0393
Phone Number '425-869-4040
E-Mail Address -- felius(ilwoneflemin .com — —
Occupation Attorney
--- —
Employer: -- —
Wong Fleming
locatperience and impression of Kent is that it is a dverse
M ex
ion with both urban and rural areas. It is my understanding
!that Kent is one of the most populated area; in Western Washington.
,!The Kent Valley consists of farmland. The West Hill area/military
Road/Hwy 99 is a good example of urban sprawl, and East Hill is
Why do you want to jgrowing rapidly. When my family first moved to Washington in the
i70s, we lived in Kent on the West Hill side. I have seen the area
serve? grow rapidly, I have an interest and concern involving the
Idevelopment or disintegration of this area. I would like to be
iinvolved with the development of future neighborhoods, and other
larzas in Kent . I believe volunteering with the Land Use and
IPlanning Board will offer the opportunity to be involved with the
development of Kent .
What would you bring to I am an attorney. I have experience interpreting and using
Field _ -- --
Value
the Board/COMMission? statutes, and other rules and regulations. I am not a land use
attorney or municipal attorney, but I have worked on Land Use
Petition Act (LUPA) actions, and have represented numerous client
(involving local ordinance disputes.
'how Would you balance I would evaluate all competing positions, seek advice and input
,from other Board members, and work to find compromise that would
goals for yourself? j serve the community as a whole,
'Re-gentrification. I live on the West Hill side of the Kent Valley,
What priorities should �Alona Military Road there are a number of older strip mall areas
the Board focus on? that have been allowed to deteriorate. As the Kent population
grows, I believe revitalization of the Kent area is a priority.
Email "Land Use & Planning Board Application Submittal" originally sent to canderson@KentWa.aov from
LL'PBAppiication@KentWa.gov on 3/5I2013 9:04:59 PM.
I
KENT Agenda Item: Consent Calendar — 7K
TO: City Council
DATE: April 16, 2013
SUBJECT: Washington Traffic Safety Equipment Grant — Accept
MOTION: Accept the Washington Auto Theft Prevention Authority grant
funding in the amount of $35,235, for the purchase of two automated license plate
readers, device installation, maintenance, software upgrades, and training, amend
the budget and expend the funds in accordance with the grant terms, subject to
terms and conditions acceptable to the Police Chief and City Attorney.
SUMMARY: The Kent Police Department applied for and received a grant from the
Washington Auto Theft Prevention Authority for the purchase of two automated license
plate readers, device installation and maintenance, software upgrades, and training in
the amount of $35,235.00.
The grant funds must be expended by June 30, 2013.
EXHIBITS: Washington Auto Theft Prevention Authority Grant Award Letter
RECOMMENDED BY: Operations Committee
BUDGET IMPACTS: None
WASHINMON A,UT(,)'rIIEVI�,PRFA'VFANTION.4t;FrUORITY
SSI III NO I HN ASSW]A HON01 S I!nAH fS AND POLU I ol I I FFS
W60 Wflflhaibicue I hnv N I, fAmc 101 , ac,y,Wa A 9806 K.. CAM M '1900, 11 We ()O)j"A' "2f"o W"bsov
V'w1vR0)tq mod wchu ay, rnwo vehich,Ogefi I:jg I he swre o� H'ashenglon
April 3, 2013
Chicl'Keir Thornas
Kern I"ofice Department
220 4* Ave S
Keto, WA 98032
Dear Chief Fhonlas:
I am Mmised U) frok"ni you rhe NVIshiogton Anto 'llult PRNeMkin KohmAy [my appuvood your
aripheation fin WATPA gpoxa FI na junwhasc two Autoinated License Plate Readers, device
hislallation an(] inaintenaiweand sollwarc upgrades nix! training 0 Te amount =3123100.
IS gnud awaial i,,; eflective in-tinediately and exphrs cut June 30, 201 3, Please sign the ,iwam]
agreenleril and return it to WATIIA. No Rinds will be rNinbumul until We sir ed agreement is
iecerveti, Expenditures prior to the award eflbetive IWO, or alter the gq.aio expiration ifale, ore not
Liothoii,scd and will not be rennbursviL
Costs will be paid on a rchnKmenieni bns�iy, You Nvffl be reinibursed I iclual expenses only up
to the Urnit of theawar(L All gram arc equired to subina quaiiorly ucporris,' to WATPA
that document suca%s of Me ppant awani Or the 24 onniths Allowing the awaid. In addition, the
grml awns is sullycel to all I W1 Pollim and I"nKuduous or the Washington Awo '1101
Prevention AuII Ouarrefly ropm Hnanckd idnlurswnwit forms and WATPA pofice�5
and proeeduies are avadable on iqu wchm ai hHpWwWp%wqj;ycqcr& If you choose to neat
swceIg dos award, please notify us
If you have any quemi,ons, please conlact Cynthia .land an al 360-292-7939 or via email at
wAskywools
Best regards,
Michael Painter, fl=eWivc Director
Washington Auto hell Prevention Authority
...................
.'A"N
JOH,R k I Is I I, I'Mill 010MV 11 POAHa LYGMWAL o N 110"KNM 144" 4 C Yj 1%1 OVA 1,11
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AGREEMENTRETWEEN CITY OFIKENTPOLICE DEPARTMENT
AND
HIF WASHINCI ON AIJTHORFIJ'
4UT0 771k.7,7"PR1,1 VhIN770N GR4N] PA'Wd?,41M4A PPARDSIX1,7
1. Award Reclpicni Mime and Addless, 1 Conla(.A KenThomm,
Kent Vo lice Department hflc: Chief
220 4th Ave I,olephona (253) 856-5888
Kew, WA 98032
1 Pro*il Title 4. Awrwd Paiod:
AJAIR 04/03/2013 - 6/30/2013
5, Gimil No, & Fulding Authority:
2013 WA PA-MINI-007 WASHING"FON AUTO 'I'll EFT
PREVFNTION A kj,rl,I:,i ORITY
7. AMOLIN Appovc& S. Scrvlce Area:
$35,2350l City of Kent
.................. ........
9. RUJUCStS f6l� WiMbUl-SCMMt Under lhis sq,',,,i-ecmcnt aria' suh,icct to the Ibliowing BLKipxCt:
Descripflon WATPA Agency Funds TOTAL
Funds (if any)
... ................................ ....................................
A, ALPR Equipment 35,23,5.00 35,235.00
TOTAL GRANT REQUEST _!35,23&�Tj 0'00 35,23&0..........
IN WH NE'SS WI WIRFOF� die WATTA and ft F10 N FIN] ackno w ledLe and uwcept ti w t ul ills o
this AGItEEMENTand atumhWHOUS 9aOT00, WId it WiMCSS W110-e0l IWVC CWCUted thiS
A(iRfl,'I Mf�N'I' asofthL (late aaiicl year, last wi,iticialicknw Tho i lgi its mid ob I gw ions o f bot I
parties, to 1,16s AGIUA,'MEN] are govenwd by the ird'ormation on this Award Sheet and other
doculTww", laonporawd Irr.aeirr by refurelwc Ay,,rccirlmlii SpcCificTerms luld Condilions, and
Agreement Generil 1'erms and Conditions.
...................... RECIPIENT
�611
............
Namv,/ mwhid Pl Imwl Nanje/
Fide WATPA, Executive I I)lrectmr 'I'll1c
Daw 04,103/2013 Datc!
WASHINGTON AUTO THEFT PREVENTION REVENTION AUTHORITY
Grant Agency: Name of Agency: Kent Police Department
Address: 220 41h Ave. S. Kent WA,98032
For the Fiscal Year Ending June 30, 2013
Grant Program: Public Outreach/Innovative Programs/Equipment
Project Title: Automated License Plate Reader Upgrade
Brief Project_Summary (please limit to 500 words):
The Kent Police Department has three Automated License Plate Reader, (ALPR) equipped patrol vehicles.
They have been used with success in identifying stolen vehicles and arresting those responsible. Over time
the camera and operating systems in two of the patrol vehicles have become obsolete and are not able to be
upgraded to work with the new 3M Back Officer Server Software, (BOSS). The current BOSS supported by
the City of Kent IT department, is also obsolete and needs to be upgraded.
In order to be able to effectively continue to identify and arrest auto thieves using ALPR technology,the
following needs to be done. Update BOSS, upgrade ALPR systems in two patrol vehicles and updated
current equipment in one patrol vehicle.
Rouble left click on table to access embedded Excel worksheet
Description WATPA Agency Funds TOTAL WATPA
- Authority
Funds (if any) Approved
A. New ALPR,two vehicles 29,920.00 0.00 29,920.00
Annual maintenance cost for
B. mobile vehicle system. 1,500.00 0.00 1,500.00
Annual maintenance cost—for '.
C. BOSS 225.00 0.00 225.00
D. Installation of hardware 1,600.00 0.00 1,600.00
Feld engineering services for
re-commissioning and
E. training 1,800.00 0.00 1,800.00
F. Shipping 190.00 0.00 190.00
G.
0.00
H. 0.00
0.00
TOTAL GRANT REQUEST 35,235.00 0,00 35,235.00 0.00
To the best of my knowledge and belief all data in this application is true and correct. The document has been duly authorized by
the chief executive of the applicant and the applicant will comply with the attached assurances and the terms of the grant contract.
Name of Authorized Official: Ken Thomas Date:3/512013
Tl2ed�f�,
p
Signature of Authorized Official
l" f Title Chief Phone: 253-856-5888
For HUATPA Use Only:
Executive Director: Date Received:
2
WA'IPA—Mini-Grant Application 2013 i
I
WASIIINGTON AUTO THEFT PREVENTION AUTHORITY
Applicant Contact Information
For the purposes of administering a grant,WATPA requires that three persons be designated to the positions of
Authorized Official, Project Director and Financial Officer. The Project Director and the Financial Officer may not be the
same person, but under extenuating circumstances, one person may otherwise fill two positions.
APPLICANT AGENCY: Kent Police Department
PROJECT TITLE: Automated License Plate Reader Upgrade
Primary Grant Contact Project Manager
Robert Scholl Robert Scholl
FIRST NAME LAST NAME FIRST NAME LAST NAME
Commander Commander
Title/Position Title/Position
220 4" Ave. S. 220 4" Ave. S.
Mailing Address (Street or P. O. Box) Mailing Address (Street or P. O. Box)
Kent WA 98032 Kent WA 98032
City State Zip City State Zip
253-856-5816 253-856-6802 253-856-5816 253-856-6802
Telephone Fax Telephone Fax
rscholl@kentwa.gov rscholl@kentwa.gov
E-mail E-mail
Authorized Official
Financial Officer/Grant Administrator The Authorized Official is the Chief Executive Officer,or designee of the
Agency.
Cindy White Ken Thomas
FIRST NAME LAST NAME FIRST NAME LAST NAME
Accounting Services Assistant Chief
Title/Position Title/Position
220 4" Ave. S. 220 4"' Ave. S.
Mailing Address(Street or P. O. Box) Mailing Address (Street or P. O. Box)
Kent WA 98032 Kent WA 98032
City State Zip City State Zip
253-856-5873 253-856-6802 253-856-5888 253-856-6802
Telephone Fax Telephone Fax
3
WA'fYA— Mini-Grant Application 2013
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
cwhite@kentwa.gov kthomas@kentwa.gov
E-mail E-mail
Grath Application Questions:
1. Will Grant Funds supplant current funding available for vehicle theft deterrence?
Yes ❑ No
If YES, please explain:
2. Does your Agency report crime statistics to the Washington Association of Sheriffs and Police Chiefs
Uniform Crime Report/National Incident Based Reporting System?
Yes ® No ❑
3. Has your agency previously received grant awards from the Washington Auto Theft Prevention
Authority?
Yes ❑ No
4. Has your agency or any other agency represented in this grant application had a grant from either the
Federal or State government terminated in the past?
Yes ❑ No M
5. Other information:
o Population of Jurisdiction 120,916
o County: King
o Legislative Districts: 33rd and 47th
o Agencyy OKLU: WA0170700
o Number of Officers (FTE's) assigned full time in vehicle theft investigations: 1
o Number of vehicles stolen in 2011: 734
o Number of stolen vehicles recovered in 2011: 564
o Number ol'vehicles stolen in 2010: 781
o Number of stolen vehicles recovered in 2010: 585
4
WATPA—Mini-Grant Application 2013
WASHINGTON AUTO THEFT PREVENTION AUTIIORITY
A. Public Outreach Budget Detail and Narrative
Description WATPA Agency Funds TOTAL WATPA '.
--_- - Aut on y
Funds (if any) Approved
A. 0.00
......-.--...
B. 0.00
C. 0.00
D. -._-__--- 0.00
E. — 0.00
F. 0.00
H. 0.00
TOTAL PUBLIC OUTREACH
REQUEST 0.00 0.00 0.00 0.00
A. Public Outreach Narrative (Describe the public outreach efforts and how they will be used related
to motor vehicle theft. Provide details on each line item. Please limit narrative to 250 words)
B. EQUIPMENT
Equipment Name or Description
and Quantity WATPA Agency Funds TOTAL WATPA
(Do Not List Brand Names) Authority
Funds (if any) Approved
A. Two APLR systems 29,920.00 0.00 29,920.00
B. Annual Maintenance -Hardware 1,500.00 0.00 1,500.00
C. Annual Maintenance - Software 225.00 0,00 225.00
D. Installation of hardware 1,600.00 0.00 1,600.00
E. Recommissioning and Training 1,800.00 0.00 1,800.00
F. Shipping 190.00 0.00 190.00
G. 0.00
H. 0.00
TOTAL EQUIPMENT REQUEST 35,235,00 0.00 35,235.00 0,00
5
WATPA—Mini-Grant Application2013
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
B. EQUIPMENT NARRATIVE (Briefly describe the use of equipment and the cost of each line item.
Please provide details on each line item and limit narrative to 250 words.)
Applicant's procurement olicies will apply to equipment purchases.
A. The Automated License Plate Readers(ALPRs)will be deployed on marked Kent Police Vehicles and utilized to
locate stolen vehicles in areas of the city where our data indicates we have a high rate of stolen and/or recovered
stolen vehicles.
B. As with all technology, particularly that of the ALPRs which is subjected to the elements annual maintenance is
necessary to ensure that the equipment is operating properly. This annual fee will cover the cost of keeping our
ALPRs operational.
C. The BOSS (Back Office Suite Software) is subject to annual updates. The annual fee will ensure that the software
that runs and maintains the data from the system remains operational.
D. The installation fee is standard and will cover the expense to have the technicians to come out and properly mount,
calibrate and test the system.
B. 'fhe Recommissioning and Training fee will cover the expense to wain our in-house technicians on how to handle
minor repair or adjustments to the system. It will also cover the expense to train our officers on who to use the
system.
P. Standard shipping fee to have the systems sent to our department.
C. Innovative Programs
DescriptionAgency WATPA Aenc_ Funds._ TOTAL WATPA
_
Authority
Funds of any) Approved
A.
B.
C.
D.
E.
F.
G.
H. -
TOTAL INNOVATION REQUEST 0.00 0.00 0.00 0.00
6
WATPA— Mini-Grant Application 2013
WASIHNGTON AUTO THEFT PREVENTION AUTHORITY
C. Innovative programs Narrative (Describe the Innovative approach to combating auto theft
in your community/region and how WATPA funds will be applied to this approach. Provide
details on each line item. Limit narrative to 250 words)
I
7
WATPA—Mini-Grant Application 2013
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
Program Narrative
(instructions)
I. To be considered for funding, a proposed grant project:
1. Grant proposals that include matching agency dollars will be given priority consideration
(in kind contributions will not be considered for this grant). Additional consideration will be
given to the following programs, in order of priority:
✓ Public Outreach programs that inform, educate and provide crime prevention tips and
suggestions that prepare the public.
✓ Innovative enforcement programs that leverage regional partnerships to combat auto
theft.
✓ Equipment that will assist local law enforcement to combat auto theft(Note: Bait cars
are not eligible for funding under this mini-grant program)
2. Must address a problem that is clearly identified;
3. Should have a design wherein the activities and goals are realistic and attainable;
4. When possible should cooperate and coordinate activities with other appropriate
agencies/projects;
5. Must include a proposed evaluation design.
6. Must have a deliberate plan, with timelines, that exhaust grant allocation no later than June 30,
2013.
II. The Program Narrative should present information by which the eligibility and merit of the project
can be assessed. Applications will be evaluated for funding consideration, according to the
congruence of the project with the criteria stated above. The Program Narrative should include but is
not limited to the following information and should not exceed 500 words (total).
1. PROBLEM STATEMENT:
a. Describe the problem and the need that makes this grant necessary.
2. PROPOSED PROJECT ACTIVITIES:
a. Describe the specific goals and expected outcomes of the project.
b. Describe how the Public Outreach/Innovative Programs/Equipment will be used.
3. EVALUATION/ASSESSMENT: how will you measure success?
a. Describe the design or plan for agency evaluation of this project.
8
WATPA - Mini-Grant Application 2013
WASHINGTON AUTO THEI+T PREVENTION AUTHORITY
b. Cite relevant data that will be used to measure the effectiveness of this project.
c. What are the expected outcomes and how will they be measured.
9
WATPA—Mini-Grant Application 2013
WASHINGTON AUTO TIIEFT PREVENTION AUTHORITY
1. Problem Statement
The City of Kent has seen an 1 1% increase in vehicle thefts since 2011. Rent PD's effectiveness in
fighting auto theft has been greatly reduced because of all three ALPR equipped patrol vehicles arc no
longer operational. This is due to outdated equipment that is no longer supported by current upgraded
software, The cost to upgrade equipment and software is prohibitive due to tough financial times,
10
WATPA—Mini-Grant Application 2013
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
2, Project Activities
The Once vehicles and software are upgraded and operational, they will be assigned to areas of high
auto theft. 1 hcy will be assigned to varied shifts to correspond to times of thefts.
tt
WATPA—Mini-Grant Application 2013
WASHINGTON AUTO THEFT PREVENTION AUTHORI'rY
3. Evaluation/Assessment
Using the Intelligence Led Policing Model, we will track stolen vehicle and vehicle recovery data and
use that information to determine the effectiveness of our deployment strategies of the ALPRs;
adjusting as needed. Our goal would be to see a decrease in vehicle thelt by 5% within a year of
deploying the new ALPRs.
12
WATPA—Mini-Grant Application 2013
Z KENT
HA r Agenda Item: Bids - 9A
TO: City Council
DATE: April 16, 2013
SUBJECT: East Hill Well Motor Control Center & Generator Upgrade
Project - Award
MOTION: Move to award the East Hill Well Motor Control Center &
Generator Upgrade Project contract to Gary Harper Construction, Inc. in the
amount of $564,910.50 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: The East Hill Well is a key water source for the City, producing in excess of
two million gallons per day. Improvements include the installation of a generator to
maintain operations during power outages and replacement of electrical infrastructure
that has become obsolete, making the location and acquisition of replacement
components increasingly difficult.
EXHIBITS: Public Works Memo dated 4/10/2013
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: There are no unbudgeted fiscal impacts. This work has been
planned and budgeted. The contract will be paid through the Water Utility.
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
KENT Address: 220 Fourth Avenue S.
W A S H I N c 7 o N Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: April 10, 2013
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: East Hill Well Motor Control Center & Generator
Upgrade Project - Award
Bid opening for this project was held on April 9, 2013 with five (5) bids received.
The low bid was submitted by Gary Harper Construction, Inc. in the amount of
$564,910.50. The Engineer's estimate was $607,462.20. The Public Works Director
recommends awarding this contract to the low bidder.
Bid Summary
01. Gary Harper Construction, Inc. $564,910.50
02. Westmark Construction $568,086.00
03. Thornberg Construction Co. $618,969.56
04. Mike Werlech Construction, Inc. $629,287.74
05. Colvico Inc. $719,517.93
Engineer's Estimate $607,462.20
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
Parks and Human Services Committee Meeting
/^'► February 21, 2013
�✓ KENT
Committee Members: Chair Debbie Ranniger, Elizabeth Albertson, Dana Ralph
Chair Debbie Ranniger called the meeting to order at 5:03 p.m. and announced that
Committee member Albertson will be late.
Added Item - No. 6: 2013-2014 Forterra Contract for Green Kent Partnership -
Authorize
Item 1: Minutes of January 17, 2013 - Approve
Committee member Ralph moved to approve the minutes of January 17,
2013. Committee member Ranniger seconded. The motion passed 2-0 with
concurrence from Committee member Albertson.
Item No. 2: 2013 City Art Plan and Five Year City Art Plan - Approve
Cultural Programs Manager, Ronda Billerbeck explained that the City Art Plan details
projects for 2013 and lists art expenditures planned for 2013-2017, as part of the 5
year plan, according to Ordinance 2552. The budget total for the year is $238,000,
based on a population of 119,000 and the $2.00 per capita. The Visual Arts
Committee worked with staff to craft the plan which was approved by Kent Arts
Commission on January 22, 2013. Billerbeck shared details on some of the proposed
projects for 2013, as outlined in the plan. The budget includes art projects, as well as
administrative and maintenance costs.
• Community Art Project: Kenb4rts/DIY(Do It Yourself). Kent Arts DIY would
foster inclusiveness by highlighting the talent and creativity of the Kent
community. Participants would upload projects to an automated website.
Submissions would be reviewed and published on a quarterly basis, with
selected projects receiving an honorarium. Projects could fall within the
traditional arts (poetry, painting, music); the community arts (culinary arts,
fiber arts, metal arts); and the unexpected. Participants would be asked to
submit a description of their project that would reveal the "how-to" and inspire
other Kent residents to get creative.
Chair Ranniger asked how artists would participate. Billerbeck said the artists would
submit their work through our website and they would remain in a holding queue.
Depending on the number of applicants, the Arts Commission would review the
applicants and then if approved, would be published on a virtual library on the city's
website. Committee member Ralph shared her excitement about community talent
being showcased. Chair Ranniger asked about an interactive piece. Billerbeck
commented that it could be included, plus it could be posted on the City's Facebook
page. More details will be worked out. Published artists would receive Honorariums.
Page 1
Billerbeck agreed with Chair Ranniger saying that the art pieces could potentially be
defined by categories such as; poems, painting, and photos. Committee member
Ralph appreciates the fact that the art will be organic.
Some of the other projects for 2013 include:
• Youth Media Art Project: Reel Grrls "What is Hunger"
• Portable Purchases: Summer Art Exhibit Purchase Program
• Collection Maintenance and Programming
• Community Artwork: Youth Training Artwork
• Capital Project Artwork(s): Kent Valley Loop Trail
Five Year Art Plan
Chair Ranniger questioned maintenance of the portable collection and using some of
the funds in the DIY project to match up with the use of technology. Billerbeck
responded that the five year plan is flexible and funding can be repurposed. Director
Watling suggested a discussion with the Arts Commission. Chair Ranniger said that
collective art narrows art to three dimensions as opposed to offering a broader
variety as with poetry, dance, and video. A variety of art could be offered through the
DIY projects. Committee member Albertson asked about selling art from the city's
collection in order to refresh the budget. Chair Ranniger suggested sharing or
exchanging art with neighboring cities.
Committee member Ralph complimented staff on the rotating the art within city
buildings over the last year and commented on how important this is to the
commission. She referenced the summer art project where artists have an added
incentive knowing that some of their pieces may be purchased. Ralph stated that the
startup cost of the DIY program is expensive, but the ongoing investment won't be
an issue once the framework has been built. Billerbeck spoke of the pros and cons of
posting art inside or outside the city. These ideas will be discussed with the Arts
Commission.
MOTION: Committee member Albertson moved to recommend Council
approve the 2013 City Art Plan and Five Year Plan for 2013 -2017.
Committee member Ralph seconded. The motion passed 3-0.
Item No. 3: 2012 Consolidated Annual Performance and Evaluation Report -
Authorize
Human Services Planner Dinah Wilson presented the 2012 Consolidated Annual
Performance and Evaluation Report (CAPER) for the City of Kent, Washington. The
CAPER is a report to the U.S. Department of Housing and Urban Development (HUD)
on the City's activities and accomplishments using Community Development Block
Grant (CDBG) and other funds. The report is required by HUD annually and must be
submitted by March 31st of each year. The report includes information on how CDBG
funds were used to further the goals and strategies of the Consolidated Plan, as well
as other activities executed by the City.
Page 2
MOTION: Committee member Ralph moved to recommend approving the
2012 Consolidated Annual Performance and Evaluation Report and
authorizing the Mayor to submit the report to HUD. Committee member
Albertson seconded. The motion passed 3-0.
Item No. 4: Fee-in-lieu Funds - Accept
Parks Planning and Development Manager, Hope Gibson reported that between April
2011 and July 2012, the City of Kent received a total of $129,884.17 from the
following developers who voluntarily paid fees in lieu of dedicating park land to
mitigate the development of single family homes in local subdivisions:
• Linda Heights Park budget: $10,335.30 from PACWEST Construction
• Turnkey Park budget: $30,525.00 from Quadrant Homes
• Clark Lake Park budget: $6,052.50 from Gary Morford
• Lake Meridian budget: $37,771.37 from Schneider Homes
• Morrill Meadows budget: $14,025.00 from Eastmont 27 LLC and
$22,800 from Kendall Homes
• Springwood Park budget: $8,175.00 from Schneider homes
Staff confirmed that developers are required to dedicate park and open space land in
proximity to new construction sites or pay "fee-in-lieu" funds. The fee is based on
assessed land values.
MOTION: Committee member Ralph moved to recommend accepting
$129,684.17 of fee-in-lieu funds and amending the community parks
reinvestment budget for future expenditure of funds in project budgets.
Committee member Albertson seconded. The motion passed 3-0.
Item No. 5: King County Youth Sports Facility Grant Agreement for Green
Tree Park Renovation - Accept
Parks Planning and Development Manager Gibson explained that staff applied for this
grant in June of 2012. The funds will help pay for the Green Tree Park renovation
project, scheduled to begin construction in the fall of 2013. Grant matching funds
will come out of fee-in-lieu funds.
MOTION: Committee member Albertson moved to recommend
accepting the grant from the King County Youth Sports Facilities Program
in the amount of $60,000.00, approving the expenditure of the funds
and authorizing the Mayor to sign all necessary documents.
Committee member Ralph seconded. The motion passed 3-0.
Item No. 6 Walk On: 2013-2014 Forterra Contract for Green Kent
Partnership - Authorize
Page 3
Parks Planning and Development Manager Hope Gibson reported that since 2009,
Forterra has been working with Kent to help us best manage our publicly owned
urban forested parks and other natural areas. Staff entered into a contract with
Forterra in 2010 to develop the 20-year plan and to help begin implementing field
work in 2011 and 2012. In 2013, Forterra will become more of a regional resource,
hosting quarterly forums, an annual summit and a shared website and calendar.
Forterra staff will attend our management team meetings quarterly and assist with
Green Kent Day. The $15,794 contract is being underwritten by a grant from the
King Conservation District, which was approved February 11, 2013.
Committee member Albertson moved to recommend authorizing the Mayor
to sign the contract with Forterra for continuation of the Green Kent
Partnership from March 2013 through February 2014, subject to final terms
and conditions acceptable to the City Attorney and the Parks Director.
Committee member Ralph seconded. Motion passed 3-0.
Item No. 7: Parks and Recreation Parks Commission - INFO ONLY
Director Watling and Gibson reported that efforts to become more strategic, more
data-driven and more responsive to an ever-changing community is recommending
that the Committee consider the formation of a Parks and Recreation Commission. A
commission would provide a great venue for resident involvement in important Parks
decisions. It would be responsible for advising the Council on matters related to park
planning, resource management, enterprise management, recreation programming
and park development.
Having this level of involvement is expected to add complexity and lengthen the time
it takes to achieve Parks-related Council goals; in exchange, it will provide ongoing
and informed dialogue on important issues, ensuring that Parks remains relevant to
the community and consistent with community values.
In looking at commissions around the state and country, it became clear that there
are a number of important decisions to be made in order to custom-fit a commission
to its community. Following are some suggestions the Council may consider should
the decision be made to pursue the creation of a Kent Parks Commission.
• Size: Commissions commonly range in size from seven to nine members.
Staff recommends a commission of a similar size. Gibson looked at
examples from the region as well as across the country.
• Authority: The commission will serve as an advisory body to the Mayor and
City Council, and will have no authority over any other advisory bodies
(i.e., the Arts Commission and the Human Services Commission).
• Term: Two- to three-year terms are common, with commissioners serving
staggered terms. Rules establishing commissions frequently allow for the
option to reappoint members for one or more additional terms. Does
Council have a preference regarding multiple terms? Usually terms are 4-5
yea rs.
Page 4
• Staff Liaison: Staff liaison to the commission is typically the Parks Director.
• Mission: One of the first tasks of the commission, should one be formed,
will be to establish a mission statement. What are some of the primary
roles Council would like to see included in a Parks Commission mission?
• By Laws: If desired, Parks will work with the City Attorney's office to draft
a proposed set of inaugural by-laws for Council's review. The Arts
Commission and Human Services By-Laws will be used as a template.
Committee member Ralph suggested the commission include a youth member
and that it be made up of different segments of the community - business and
residents. Watling confirmed that diversity will be addressed when setting the
criteria for the commission. Committee member Albertson suggested a
representative from public housing. She also suggested offering a citizen's
academy. She feels a six week training program for potential applicants on
budgets and government operations would give them a basic understanding of
what to expect. Committee member Ralph suggested having the ability to
reappoint a Commissioner. Albertson encouraged actual residents and
representation from the Kent School District, as well as local youth sports
associations. Committee member Ralph encouraged staff to see if current Arts
Commission and Human Services Commission By-Laws need updating. Director
Watling stated that if a Parks Commission is approved, staff will work with the
Mayor's office and Law Department to draft By-Laws. By-Laws would be
presented to the Committee for review and recommendation before going to
Council for approval.
Item No. 8: Director's Report - INFO ONLY
Ka Boom Grant
Parks Director Watling announced that Kent has been recommended again by
Ka Boom to receive funding. This year the renovation project will take place at
Turnkey Park. The building date is June 7. East Hill PTA, the CNC from East Hill and
Kent Youth and Family Services are serving key roles in this project. The Design
Day/Community Meeting will be held at East Hill Elementary sometime at the end of
March. Staff is very excited with Disney being the funder this year, and they are
very pleased with the strong, continuing relationship with Ka Boom.
Downtown Planters
Last year, as funds allowed, some of the planters in downtown were replaced with a
new standard of planter. The new planters are made of extremely durable concrete.
The Kent Downtown Partnership (KDP) conducted fund raisers and notified staff that
resources are available again this year to continue with replacement of new planters.
Park Operations and Park Planning teams will work with KDP to phase out the old
planters and install the new ones this spring and fall.
Green River Projects
Page 5
Director Watling wanted to take a moment to focus on the Green River and levee
projects. The city has a strong vision of environmental restoration, as well as a
dedication to levee enhancement. A number of park sites and trails are impacted by
projects along the levees. Jeff spoke to preserving the recreational value and the
human element of these spaces, as we balance ecological restoration and levee
improvements.
2013 You Me We
Youth/Teen Manager Julie Stangle reminded the Committee of the You Me We event
on March 1, at ShoWare from 6pm - 9pm. Stangle shared that the Youth and Teen
staff, as well as the planning committee, are very excited about this annual event
and grateful for the community connections. Julie introduced Tye Whitfield, a
member of the event committee, community center volunteer, parent, resident,
business owner dedicated to helping low income parents, and MC of the event. Ms
Whitfield spoke of the community involvement, as well as the multiple agencies
involved in the event. New this year is Century Link sponsoring the sound system.
She asked that participants bring non-perishables food to the event for the Kent Food
Bank and extended a personal invitation to the Committee members.
Chair Ranniger adjourned the meeting at 6:03 p.m.
Respectfully submitted,
T"^i Pee-Ole
Council Committee Secretary
Page 6
PUBLIC WORKS COMMITTEE
Minutes of Monday, March 18, 2013
COMMITTEE MEMBERS PRESENT:
Committee Chair Elizabeth Albertson and Committee members Dana Ralph and Dennis Higgins
were present. The meeting was called to order at 4:10 p.m.
Item 1 - Approval of Meeting Minutes Dated March 4, 2013:
Committee member Higgins MOVED to approve the minutes of March 4, 2013, with one
correction on Item 7, the word winner was changed to recipient. The motion was
SECONDED by Committee member Ralph and PASSED 3-0.
Item 2 - Information Only/Sound Transit:
Cathal Ridge, Sound Transit Project Manager for the Federal Way transit extension presented an
informative PowerPoint presentation; he touched briefly on the following:
• Federal Way Transit Extension - Schedule
• Alternatives Analysis Process
• Initial Range of Alternative Corridors
• Pre-screening Results
• Level 1 Alternatives
- SR 99 - Alternatives
- I-5 Corridor - Alternatives
- 301h Avenue S. Corridor - Alternative #5 was chosen
- 241h Avenue S. Corridor - This alternative was not chosen due to the cost
• Level 1 Evaluation Results
• Station Planning Process - Many alternative station locations have been suggested and
will be looked at.
Cathal stated that the next step will move into Level 2 Alternatives. He will be back in Kent
sometime in June.
Information Only/No Motion Required
Item 3 - Asphalt Material Purchase:
Street Superintendent Bill Thomas noted that in the past asphalt for street repairs was
purchased in various amounts throughout the year ranging in costs between $200 and $15,000
for work that was performed by city forces. It is anticipated that in some cases, the amount of
asphalt that will be used on repairs this year will exceed bid and authorization limits established
in the City's procurement policy.
Thomas noted that staff has obtained a waiver of the city's procurement code bidding
requirements pursuant to Kent City Code section 3.70.080 and requested that the Public Works
Department be able to purchase asphalt on an as-needed basis for the 2013 calendar year, so
long as the total annual expenditure does not exceed $200,000.
Higgins asked why not make this a new code. City Attorney Tom Brubaker said he will be
working on doing that. Thomas said he would bring this item back to committee for periodic
updates.
Committee member Ralph MOVED to authorize the Mayor, through the public works
director, to purchase asphalt in an amount not to exceed $200,000 for work performed
by city forces during the 2013 calendar year and to ratify all acts consistent with this
motion. The motion was SECONDED by committee member Higgins and passed 3-0.
PUBLIC WORKS COMMITTEE
Minutes of Monday, March 18, 2013
Item 4 — Clark Springs Transmission Main Easement Agreement:
Tom Brubaker, City Attorney noted that this item is a housekeeping item. He stated that the
city obtained a 10-foot wide easement in 1957 and again in 1982 for its Clark Springs
transmission main, which is a primary conduit to supply water from the Clark Springs site to the
city's distribution system. A portion of this easement crosses 242"' Avenue SE in the city of
Maple Valley.
Brubaker stated that due to the depth of the transmission main it would be difficult to maintain,
repair or replace it within the 10 foot easement area. Both Kent and Maple Valley staff have
collaborated to terminate the portion of the existing easement within 242nd Ave SE right-of-way
and replace it with a new 50-foot wide easement.
Committee member Higgins MOVED to authorize the Mayor to sign an easement
agreement with the City of Maple Valley for the city's Clark Springs Transmission Main,
subject to final terms and conditions acceptable to the City Attorney and Public Works
Director. The motion was SECONDED by committee member Ralph and PASSED 3-0.
Item 5 — Information Only/Green River System Wide Improvement Framework (SWIF)
and Vegetation Variance:
Mike Mactutis, Environmental Engineering Manager presented a PowerPoint presentation
updating the committee on the Green River System Wide Improvement Framework (SWIF) and
U.S. Army Corps of Engineers Vegetation Variance.
Mactutis noted that city staff will be working closely with Corps of Engineers staff to develop an
overall plan for improving the Green River Levees. This process will allow the Green River Levees
to be eligible for emergency levee repair funding.
Information Only/No Motion Required
Item 6 — Information Only/Annual Infrastructure Trends:
Tim LaPorte, Public Works Director, showed committee members approximate value of public
infrastructure added by private developments such as short plats and utilities extensions.
LaPorte stated that numbers are moving up and that the 2012 numbers are germane to future
funding. Staff will come back to committee at a later date with additional information.
Information Only/No Motion Required
The meeting was adjourned at 5:26 p.m.
Cheryl Viseth
Council Committee Recorder
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION
15
PUBLIC WORKS DEPARTMENT
Timothy]. LaPorte P.E., Public Works Director
Phone- 253-856-5500
KENT Fax. 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: April 8, 2012
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: April 15, 2013
From: Steve Mullen, P.E., Transportation Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Revised Ordinance for No Parking Zone
Motion: Move to recommend Council adopt an ordinance amending Kent City
Code to remove the 9
arkin prohibition on:
P
S. 188th Street from 80th Avenue to a point approximately 960 feet westerly,
and,
190th Street from 80th Avenue South to west end of street at BNSF Railway
Company tracks.
Summary:
Removing, a "No Parking" prohibition requires amendment of Kent City Code
9.38.020. The ordinance would be amended to allow parking on S. 188th
Street from S. 188th Avenue S to a point approximately 960 feet westerly
and, on S. 190th Street from 80th Avenue South to the BNSF Railroad. The
request for this ordinance change came from Carlisle Interconnect
Technologies, a designer and manufacturer of high-performance wire and
cable. The company moved from Tukwila to Kent in September 2012 and
currently employs 830 with expectations to grow by 40-60 in the coming
year. They would like to utilize the streets adjacent to their building for
parking cars.
Parking of commercial vehicles exceeding 8,000 pounds gross vehicle weight
will continue to be prohibited.
Budget Impact:
NO PARKING signs would be replaced with new signs advising of the prohibition of
commercial vehicles exceeding 8,000 pounds.
April 16, 2013 - After Executive Session
MOTION: Move to authorize the Mayor to sign all
necessary documents to complete the sale of
the Resource Center located at 201 State
Avenue North, to Healthpoint, for
$544,000.00, subject to approval of the final
terms and conditions by the City Attorney and
Parks, Recreation, and Community Services
Director.