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City Council Meeting - Council - Agenda - 05/07/2013
CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. May 7, 2013 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT May 7, 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 ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Traffic Safety Andy Cooley 45 minutes 2. Public Facilities District Board Dennis Higgins 10 minutes Appointment ********************************************************************** 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. Proclamation - National Trails Days in Kent at Lake Fenwick Park D. Legislative Report E. Economic Development Report F. Intergovernmental Reports 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Quick Response Safety Grant for Panther Lake Signal Integration - Accept (Continued) COUNCIL MEETING AGENDA CONTINUED D. King County Interlocal Maintenance Agreement for City Stormwater Ponds & Bioswales — Authorize E. Tetra Tech, Inc. 2013 Lakes Monitoring Contract — Authorize F. King Conservation District Grant Agreement - Accept G. 2013 First Quarter Fee-in-lieu Funds — Accept H. Recreation Conservation Office Grant Amendment — Accept I. McDonald's at 256th Street Bill of Sale — Accept J. Contract for Real Estate Negotiation Services with Universal Field Services for SR 516 to S. 231st Way Levee/Lakes Levee Project — Authorize K. Central Avenue Stormwater Force Main Phase II — Accept as Complete S. OTHER BUSINESS A. 256th Street Improvements 9. BIDS A. 2013 Vehicle Detector Loops — Award and Authorize B. 2013 Asphalt Grinding Project — Award and Authorize 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Labor Negotiations 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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L N FLU U +' W W '� UZW >- C , u , - Vl v O a� 6 a K in V m Q V > 4 a QF � m0 Q mU �, l_ ti COUNCIL WORKSHOP 1) Traffic Safety 2) Public Facilities District Board Appointment 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) Proclamation - National Trails Days in Kent at Lake Fenwick Park D) Legislative Report E) Economic Development Report F) Intergovernmental Reports I' -- PROCLAMATION WHEREAS, National Trails Day© evolved from the 1987 report of President Ronald Reagan's President's Commission on Americans Outdoors, which recommended that all Americans be able to go out their front doors and within fifteen minutes be on trails that wind through their cities or towns and bring them back without retracing steps; and, WHEREAS, that recommendation helped launch National Trails Day® in 1993 to bring awareness to trails and the many partners, including volunteers, who plan, develop and maintain them; and, WHEREAS, America's 200,000 miles of trails allow us access to the natural world for recreation, education, exploration, solitude, inspiration, and much more; and, WHEREAS, the City of Kent and hundreds of volunteers have participated in National Trails Day since 2001; and, WHEREAS, Lake Fenwick Park has approximately two miles of wooded trails that are in constant use by residents and visitors; NOW THEREFORE; I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim Saturday, May 18, 2013 as National Trails Days in Kent at Lake Fenwick Park And I encourage all citizens to join me in recognizing that every citizen can play a role in the stewardship of our environment. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 7th day of May, 2013. %M or $,t�zette Cooke x • 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 16, 2013. 7B. Approval of Bills. Approval of payment of the bills received through March 31 and paid on March 31 after auditing by the Operations Committee on April 16, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 3/31/13 Wire Transfers 5421-5435 $1,267,547.68 3/31/13 Regular Checks 671902-672269 2,674,947.98 Void Checks (3,700.35) 3/31/13 Use Tax Payable 5,481.10 $3,944,276.41 Approval of payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on April 16, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 3/15/13 Wire Transfers 5400-5420 $1,750,165.61 3/15/13 Regular Checks 681555-671901 2,118,921.29 3/15/13 Use Tax Payable 3,283.00 $3,872,369.90 (continued on back) 7B. Approval of Bills. Approval of checks issued for payroll for April 1 through April 15 and paid on April 19, 2013: Date Check Numbers Amount 4/19/2013 Checks 331265-331441 $ 93,332.56 4/19/2013 Advices 312672-313302 1,151,900.90 $1,245,233.46 Approval of checks issued for payroll for April 16 through April 31 and paid on April 5, 2013: Date Check Numbers Amount 4/5/2013 Checks 331097-331264 $ 99,781.06 4/5/2013 Advices 312038-312671 1,183,601.85 $1,283,382.91 KENT Kent City Council Meeting April 16, 2013 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Mayor Cooke, Council President Higgins, Councilmember Albertson, Councilmember Boyce, Councilmember Ralph, Councilmember Perry, and Councilmember Ranniger. Councilmember Thomas was excused from the meeting. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins added Consent Calendar Item L, an excused absence for Councilmember Thomas, and an item under Other Business. Chief Administrative Officer Hodgson added an executive session pertaining to pending litigation and property. B. From the Public. None. PUBLIC COMMUNICATIONS A. Public Recoanition. Mayor Cooke asked for a moment of silence for the incident that happened at the Boston Marathon last week. B. Community Events. None given. C. Introduction of Appointees. Mayor Cooke introduced Mr. Frank Cornelius as a candidate for the Land Use & Planning Board. Mr. Cornelius introduced himself and explained why he was interested in becoming a Board member. D. Earth Day in Kent Proclamation. Mayor Cooke highlighted the proclamation and Victoria Andrews, Special Programs Manager, accepted the proclamation for Earth Day in Kent. She noted the location of both Earth Day and Arbor Day events in the city of Kent. E. Arbor Day Proclamation. Victoria Andrews also accepted the Arbor Day proclamation. F. General Federation of Women's Clubs Day Proclamation. Mayor Cooke read the proclamation. Susan Tyler, resident of Kent and President of the General Federation of Women's Clubs Day accepted the proclamation along with five members of the organization. Councilmember Albertson thanked the group for their efforts. G. Legislative Report. Communication and Public Affairs Manager Michelle Wilmot updated Council on legislative issues that impact Kent. She noted that City Attorney Brubaker assisted with HB1525 and the bill is headed for the Governor's signature. Additionally, Councilmember Perry worked on a bill to utilize lodging tax dollars to promote events and it is headed to be signed. 1 Councilmember Perry asked Ms. Wilmot about an amendment to the lodging tax bill and Ms. Wilmot stated she will find out and let her know the outcome. H. Public Safety Report. Police Chief Ken Thomas reported on crime statistics. He announced that the Kent Special Investigations Unit was named the "Washington State Most Wanted Investigative Unit of the Month" by Crime Stoppers and will be on an episode of Washington's Most Wanted. Councilmember Albertson communicated that the SeaTac Airport area is the highest human trafficking area in the nation. I. Intergovernmental Report. Council President Higgins reported that at the Regional Policy Committee meeting, the city of Kirkland agreed to sign the document to go ahead and put the EMS levy measure on the ballot. However, he noted that Kirkland will be conducting an independent study to determine if they need their own services. He added that at the next meeting of the Regional Transit Authority (RTA) they will be discussing a strategic plan update and will be discussing different service cutting scenarios which would impact the transit service in Kent. He noted that at the Mental Illness and Drug Dependency Oversight Board meeting they accepted the prioritization protocol and forwarded it on to the Regional Policy Committee. Councilmember Albertson reported on her attendance with the Sound Cities Association contingency to Olympia advocating for a local transportation-funding package "Moving Ahead together with Local Funding Options." She is planning to meet again with state legislators who are on the fence regarding this issue. Councilmember Ralph noted there was more discussion at the SCATBd board meeting regarding King County Metro and the fact they are planning on some contingency if funding is cut on routes. Councilmember Perry noted that she presented a report at the workshop and there is a lot of work being done at the Sound Cities Association Public Issues Committee. PUBLIC COMMENT Mayor Cooke introduced Yetkin Ocer who stated that it is an honor to speak in front of the Council. He said he has been here for 15 days as a member of a program sponsored by the U.S. Secretary of State and the American Council. He stated that he works in Turkey in an organization like the Puget Sound Regional Council. He discussed trying to understand and observe other businesses. CONSENT CALENDAR Council President Higgins moved to approve Consent Calendar Items A through L, seconded by Councilmember Perry. The motion carried 6-0 and the following items were approved: A. Minutes of the workshop and regular Council meeting of April 2, 2013. B. No bills were available for approval. 2 C. Meridian Firs Bill of Sale. 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 was accepted, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. D. H.D. Fowler Goods & Services Agreement. The Mayor was authorized 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. E. Landscape Architect Services for Briscoe Desimone Levee Contract. The Mayor was authorized 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. F. Appraiser(s) and Negotiator(s) for Briscoe Desimone Levee Contract. The Mayor was authorized 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. G. Washington State Transportation Improvement Board Agreement, SE 224th Street Improvements. The Mayor was authorized 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. H. Foster Park Pump Station. The Foster Park Pump Station Project was accepted as complete and release of 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. I. Lodging Tax Advisory Committee Appointment. The Lodging Tax Advisory Committee recommendation of Andrew Hutchison's re-appointment to the Lodging Tax Advisory Committee for a three-year term, expiring December 31, 2015, was confirmed. J. Land Use & Planning Board Appointment. 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, was confirmed. K. Washington Traffic Safety Eauipment Grant. 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 was accepted, amend the budget and expend the funds in accordance with the grant terms was authorized, subject to terms and conditions acceptable to the Police Chief and City Attorney. 3 ADDED ITEM L. Excused Absence. Councilmember Thomas was excused from the Council meeting of April 16, 2013. OTHER BUSINESS A. Revised Ordinance for No Parking Zone. Tim LaPorte, Public Works Director, described the proposal and that this request came from Carlisle Interconnect Technologies in Kent. The proposal will still prohibit commercial vehicles over 8,000 pounds but will allow staff to park in the area. Council President Higgins verified that the police and fire department have no issue with the ordinance. Additionally, he stated that the company has been doing well and there is a need to provide more parking due to an increase in employees. Councilmember Boyce clarified that this is to make it possible for any vehicles to park there. Councilmember Ralph communicated that parking on both sides of the street will not hamper traffic and Carlisle have reached out to the neighboring businesses that are supportive of the revision. Councilmember Albertson moved to adopt Ordinance No. 4078 amending the Kent City Code, to remove the parking prohibition on S. 188th Street from Both Avenue to a point approximately 960 feet westerly, and, 190th Street from Both Avenue South to west end of street at BNSF Railway Company tracks, seconded by Councilmember Ralph. Motion carried 6-0. BIDS A. East Hill Well Motor Control Center & Generator Upgrade Proiect. Public Works Director Tim LaPorte explained the East Hill Well Motor Control Center and Generator Upgrade Project. Councilmember Albertson moved 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, seconded by Council President Higgins. Motion carried 6-0. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Higgins discussed the workshop. He thanked Administration and the department heads for their work on the retreat items. He noted that there will be a special council meeting in August to follow-up on what has been done. He discussed the Marketplace Fairness Act letter and also the vacancy on the Public Facilities District Board that oversees the public financing of ShoWare. 4 B. Mayor. Mayor Cooke highlighted Yetkin Ocer, the gentleman from Turkey that shadowed her for the day. She noted that she is attending the Turkish Association event in Olympia. C. Administration. Chief Administrative Officer Hodgson said that there will be an Executive Session for 20 minutes and action following on sale and surplus of City property. D. Economic & Community Development Committee. Councilmember Perry noted that their meeting was cancelled. E. Operations Committee. Councilmember Ralph noted a report was received that 2012 finished with a fund balance growth of about 4% and a grant was received for license plate readers in police vehicles to help lower crime statistics. F. Parks and Human Services Committee. Councilmember Ranniger stated there will be a Parks meeting this Thursday, April 18. G. Public Safety Committee. Councilmember Boyce stated that his meeting was cancelled. H. Public Works Committee. Councilmember Albertson stated that there was discussion on the parking ordinance and met with the Public Works Director and determined that LID 364 will not move forward. She encouraged work continue to fix the issues on that street. EXECUTIVE SESSION At 8:05 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 sale of the Resource Center located at 201 State Avenue North to Health Point in the amount of $544,000. Council President Higgins clarified with CAO Hodgson that the city could sell the property and the funds will be utilized to lower the capital fund. Councilmember Ranniger moved to authorize the Mayor to sign all necessary documents to complete the sale of the Resource Center located at 201 State Avenue North, to Health Point, for $544,000, subject to approval of the final terms and conditions by the City Attorney and Parks, Recreation and Community Services Director, seconded by Councilmember Ralph. Councilmember Albertson opposed the motion and communicated that she doesn't think this is the right opportunity for this piece of property. 5 A vote was taken on the motion on the table. Motion carried 5-1. Councilmember Albertson opposed. Mayor Cooke noted that this is the facility where she was first engaged with in Kent in 1975 as the Senior Center. She communicated that this is one-step closer for the building to be used. ADJOURNMENT The meeting adjourned at 8:32 p.m. Ronald F. Moore, MMC City Clerk 6 Z' KENT Kent City Council Workshop April 16, 2013 The meeting was called to order at 5:32 p.m. by Council President Higgins. Councilmembers present: Higgins, Boyce, Perry, Ranninger, Ralph, and Albertson. Council President Higgins discussed the addition of three items to the agenda. Council Retreat Follow-up. Chief Administrative Officer Hodgson discussed the key opportunities from the Community Attributes Report and gave a briefing concerning the items in the strategic plan that were deemed as high or medium priority by the Council. He noted that the Mayor's Leadership Team reviewed those items and have prepared next steps related to those goals. Fred Satterstrom, Planning Director discussed the comprehensive plan and what the city is required to accomplish based on the Growth Management Act. Conversation continued about the LEAN Process and its application to a permit process and that it has quickened the turnaround time by 50 percent. There was also discussion concerning the Regional Fire Authority (RFA) and the relationship the Councilmembers has with them. Council consensus was to have a representative from Kent on the RFA so the city has a voice. Discussion continued concerning timelines having to do with the initiatives. Mr. Hodgson communicated that the City staff could give the Council an update at the end of the second quarter, before the end of August. Marketplace Fairness Act. Council President Higgins presented the Council with a draft letter for their viewing which he stated highlights the overall sentiment of the Council. He stated that the letter is here for the Council to sign. Motor Vehicle Excise Tax. Council President Higgins discussed that the City Council will not take a position on the MVET. Kina County Parks Lew. Council President Higgins discussed the King County Parks Levy. He noted that King County representatives are ready to present it to the Council. Councilmember Perry noted that there were several cities having issues with the levy and discussed the background and how it affects the city of Kent. Councilmember Perry stated that she isn't sure the Sound Cities Association Public Issues Committee (PIC) or the city is informed enough to take a position on it. Mr. Hodgson communicated that the Woodland Park Zoo in Seattle gets a lot of the funding. He added that this levy keeps going up and local parks departments are having to make cuts. He noted that the levy funds almost 100% of the King County Parks system and that if it fails the King County Parks system goes away and there is no plan if it does fail. Council President Higgins communicated that it is in the best interest of the city of Kent to identify what is in the final package. Councilmember Kent City Council Workshop Minutes April 16, 2013 Perry added that it may be best for the city to communicate what it wants to get out of the levy because it most likely will pass. Councilmember Ralph verified that $170,000 would come back to the city of Kent if the levy gets passed. Council President Higgins asked that the Parks Director speak to the Council on this at the next workshop. Councilmember Albertson noted that there is a list of parks that the city has given to King County that the city wants to have addressed. Councilmember Perry verified with the rest of the Council that the city has no direction it wishes the PIC to take concerning this matter. Regional Tolling. Councilmember Perry discussed the proposed tolling on I-90 and said that if cities are impacted with State tolling the cities should get mitigation. She stated that the Puget Sound Regional Council (PSRC) questioned if they should look at all the tolls being instituted. She verified that the Council wants PRSC to look at this. Council Training. Council President Higgins inquired about having city of Kent Council doing a training. The Council consensus was that they want to wait until next year and he stated that he will pass the information onto the next Council President. Sound Cities Association (SCA1. Councilmember Perry communicated that the Sound Cities Association (SCA) is interested in whether regional transportation decisions should be based on a city's comprehensive plan. Councilmember Perry also stated that there is discussion on the industrial lands study. 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: May 7, 2013 SUBJECT: Quick Response Safety Grant for Panther Lake Signal Integration — Accept MOTION: Authorize the Mayor to execute an agreement with the Washington State Department of Transportation to accept a grant in the amount of $341,957.55 for the Panther Lake Signal System Integration and adjust the budget accordingly, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: This project will include the extension of communication cable to the traffic signals in the Panther Lake annexation. Once installed, the City will be able to monitor and manage traffic signals in this area from the city's master signal controller. This project also includes replacement of the existing traffic signal controllers and modification of the traffic signals at key intersections to display flashing yellow left turn arrows for permissive left turn movements. This project continues the phased replacement of the existing traffic signal control system. EXHIBITS: Washington State Department of Transportation - Local Agency Agreement, and Map RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This grant does not require a local funding match. F Washington tate Department fTr Local Agency Agreement Department of Transportation I Agency City of Kent CFDA No, 20.206 (Catalog of Federal Domestic Assistance) Address 220 4th Ave. S. Project No. _ Kent, WA. 98032 Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in(1)Title 23,U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars A-102, and A-133, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6)the federal aid project agreement entered into between the State and Federal Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to ' proceed on the project by a separate notification.Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Panther Lake Signal System Integration Length 6.96 miles Termini Involves various intersections and connected roadways within newly annexed Panther Lake area Description of Work This project includes: extension of communication cable to the traffic signals in the recently annexed area of Panther Lake to allow remote monitoring and management of the traffic signals; replacement of the existing traffic signal controllers to be capable of displaying FYA for permissive left turn movements and allow flexible coordination of the traffic signals along arterial corridors. Estimate of Funding Type of Fork Estimated Total Estimate )d Agency Estimated Project Funds Funds Federal Funds PE a.Agency 0 % In Other c.Other Federal Aid - - Participation d.State Ratio for PE e.Total PE Cost Estimate a+b+c+d i Right of Way f. Agency 0 % a.Other h.Other Federal Aid i. State Participation --- --_- -- Ratio for RW j.Total RMI Cost Estimate f+ +h+i Construction k. Contract 340,000.00 0.00 340,000.00 I. Other _ 0.00 0.00 0,00 m. Other 0.00 0.00 0.00 n.Other 0,00 0.00 0.00 too % o.Agency — 0.00, - 0.00 0.00 Federal Aid p.State 1,957.55 1,957.55 Participation --__ -- r-__ ..-. Ratio for CN q.Total CN Cost Estimate k+l+m+n+o+ 341 957.55i 341 957.55 r.Total Project Cost Estimate tq) 341g957.55 341 957.55 Agency Official Washington State Department of Transportation BY By - Title Director of Highways and Local Programs Date Executed DOT Form 140-039 EF "I Revised 0012011 i Construction Method of Financing (check Method Selected) State Ad and Award ❑ Method A-Advance Payment-Agency Share of total construction cost(based on contract award) ❑ Method B-Withhold from pas tax the Agency's share of total construction cost(line 4,column 2)in the amount of $ at$ per month for months. Local Force or Local Ad and Award ® Method C-Aeencv cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below.Adopted by official action on '..... Resolution/Ordinance No. Provisions i I. Scope of Work The Agency shall provide all the work, labor,materials,and services necessary to perform the project which is described and set forth in detail in the"Project Description"and"Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in"Type of Work"on the face of this agreement,in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project.The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract,the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project,the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above.In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans,specifications,and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the Customary matnrer on highway payrolls j and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to he maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation.The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid fiords to the Agency.Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification.The classifications of work for projects are: 1.Preliminary engineering. 2.Right of way acquisition. 3.Project construction. In the event that right of way acquisition,or actual construction of the road,for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums Or federal funds paid to the Agency under the terms of this agreement(see Section IX). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,even though such additional j work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal 'transportation Act, as amended, 2 CFR 225 and Office of Management and Budget circulars A-102 and A-133. The State shall not be ultimately responsible for any of the costs of the project.The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. DOT Form 140-039 EF Revised 09/2011 2 The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance,general administration,supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR 225-Cost Principles for State,Local, and Indian Tribal Government, and retained for audit. The State will pay for State incurred costs on the project.Following payment,the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project.The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A—The Agency will place with the State,within(20)days after the execution of the construction contract,an advance in the summit of li the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the.Agency. This billing will be cleared by either it payment from the Agency to the State or by a refund from the State to the Agency. Method B— The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax i allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month.The extent of withholding will be confirmed by letter from the State at the time of contract award.Upon receipt of progress billings from the contractor,the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C—The Agency may submit vouchers to the State in the format prescribed by the State,in duplicate, not more than once per month for I those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project.Expenditures _ by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit,the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and(lie Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in'accordance with generally accepted governmental auditing standards as '.. issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration;memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-133. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred,the Agency shall reimburse the State for the amount of such overpayment or excess participation(see Section IX), VIII. Single Audit Act The Agency, as a subrecipiem of federal fiords,shall adhere to the federal Office of Management and Budget(OMB)Circular A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of OMB Circular A-133, Upon conclusion of the A-133 audit, the Agency shall be responsible for ensuring that a copy ofthe report is tranvnittcd promptly to the State. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g, State force work project cancellation,overpayment, cost ineligible for federal participation,etc.)is not made to the State within 45 days after the Agency has been billed,the State shall effect reimbursement of the total sum duo from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until Rill payment is received unless otherwise directed the Director of Highways and Local Programs. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in [lie provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to he installed any signs,signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits,whether at law or equity brought against the Agency, State,or Federal Government,arising from the Agency's execution, DOT Form 140-039 EF 3 Revised 0912011 performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or at by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sox in the award and performance of any USDO'P-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26, The Agency shall take all necessary and reasonable steps under 49 CPR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failme to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U. S.C.3801 etseq.). j The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts(FHWA 1273),located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided,that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal Opportunity clause and rules,regulations,and relevant orders of the Secretary of Labor. (2) To furnish the State such information as itmay require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpart D of the Executive Order. In addition, the Agency agrees that if it fails.or refuses to comply with these undertakings,the State may take any or all of the following actions: (a) Cancel,terminate,or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency;and (e) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract time. Fai lure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from fine to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The counselor is prevented from proceeding with the wort:by reason of a preliminary, special, or permanent restraining order of a � court of competentjnrisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims turd/or causes of action which the Local Agency has against they State of Washington,growing out of this contract or the project with which it is concerned,shall be brought only in the Superior Court for Thurston County. DOT Form 140-039 EF 4 Revised 0912011 XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies,to the best of his or her knowledge and belief,that: (1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, of cooperative agreement. (2) If any funds other than federal appropriated fiords have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress,an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants,and contracts and subcontracts under grants,subgrants,loans,and cooperative agreements)which exceed$100,000,and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Additional Provisions ;I DOT Fonn 140-039 EF 5 Revised 09/2011 i Signal Modifications KENT 2+HU111iiiiiiiiiiiiiiiiuCommunication Cable eO SW 43 ST SE'CARQ w w > 'sLO > t 1 L r 1N1l1llllllRllllllllPh01111l1llllllRllllllllPhf SE 192 ST 3r st J j ?,1 SE 196 St 7= J ) �q i SE 200 ST w Ji N i Q 2 mVIIIIIUI VNI�IfIIl0�l01�V0�VND Ilfllll �uo1��Dylll�pallllarr�lf0111t1%�ll�lll fillmomuu1111A1n/1012�12RrID1u�mml SE 208 ST IIDI1NllllllRl�l�IlnllGllllTTlll/!l/l4/ .. S 212 ST { .. ,ry�f(y4jjp1p111UUllll//!I/!l/! UD,)pl 1N1lllllll/ _ 1¢ _.. ;Q U) IS 240 ST ' Miles . 0,25 os i1 W .� —� ,�• r trafi115c mxd� Panther Lake Signal System Integration Project 2013 Quick Response Safety Program KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: May 7, 2013 SUBJECT: King County Interlocal Maintenance Agreement for City Stormwater Ponds & Bioswales - Authorize MOTION: Authorize the Mayor to sign an amendment to the City's Interlocal Agreement with King County to perform maintenance on the City's Stormwater Ponds and Bioswales, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: As a condition of the city's National Pollutant Discharge Elimination System Phase II Permit (NPDES Permit) and the federal Clean Water Act, the City is required to maintain stormwater ponds and bioswales. The City has an existing Interlocal Agreement with King County that allows the County to perform work at the City's request, based on County availability. The agreement was executed in 1997 to take advantage of King County's maintenance and operations resources for this "specialty work." The City is proposing to partner with King County to complete the maintenance of 21 bioswales and 4 stormwater ponds citywide. King County crews have experience with this type of maintenance work and can do the work efficiently and cost effectively. Amending the Interlocal Agreement with King County to include the proposed maintenance allows the City to meet NPDES Permit requirements while reducing the city's overall costs. The cost to use King County crews for this work is limited not to exceed $460,000. EXHIBITS: King County Interlocal Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Funds for this project have been budgeted through the City's Storm Drainage Utility. I Additional Services Interlocal Agreement Between King County and City of Kent For The Provision of Surface Water Services Scope of Work 2013 Citywide Bioswale and Stormwater Pond Maintenance King County will provide services to the City of Kent under this Scope of Work pursuant to the Interlocal Agreement between King County and the City of Kent for the Provision of Surface Water Services, executed March 26, 1997. PROJECT DESCRIPTION The project consists of removing approximately 1631 tons of soil sediments and 589 cubic yards of vegetation from 21 City owned bioswales and 4 City owned stormwater ponds. This work will help restore the overall ability to treat and control the flow of stormwater runoff that has diminished over the years with sediment and vegetation build- up. "This work will also include miscellaneous items and other related work associated with the maintenance of the bioswales and stormwater ponds. The purpose of this project is to perform work identified as a maintenance component within the City's National Pollutant Discharge Elimination System Phase II Permit. The NPDES Phase II Permit requirements state that after a deficiency is found within city owned bioswales and stormwater ponds,the City has 24 months from the date of inspection to make the necessary repairs. TASKS City of Kent will provide the maps and plans necessary for the successful completion of j the bioswale and stormwater pond maintenance. A. Temporary Erosion and Sediment Control 1. The following tools and materials will be available on site and deployed as needed during construction: o Straw bales for slope mulching ® Silt fencing for perimeter siltation control ® Hand brooms, street sweepers, and wash trucks for control of sediments on paved traffic surfaces ® A spill response kit All paved traffic areas will be kept free from sediment accumulations by daily sweeping or washing. B. Traffic Control 1. Maintain all traffic with traffic control flaggers throughout construction activities. C. Miscellaneous Maintenance Additional Work: Interlocal Agreement ] King County and City of Kent Surface Water Services 1. Perform mowingand selected removal of trees an r d tree stumps that exceed 18 inch diameter. Place riprap around conveyance lines that inlet into the pond as stated within the specifications provided. Place crushed rock surfacing as directed by City staff. 2. Remove and restore fencing as shown on site drawings,the specifications and or by the City representative. I D. Removal and Disposal of Material 1. Remove and properly dispose of solids and sediments from the 21 listed bioswales and 4 stormwater ponds. 1631 tons of soil sediments and 589 cubic yards of vegetation are to be removed. 2. Hydroseed the exposed soil areas that have been impacted by the maintenance activity as directed by the City representative. i SCHEDULE Work is anticipated to be completed within 60 working days after a notice to proceed is issued, and no later than September 30, 2013 unless otherwise allowed in writing by the City representative. Hours of construction are between 7:00 am and 10 pm. ESTIMATED COST As provided in Exhibit B, the County has provided an estimate of$458,748.62 to perform the work. This cost, however, does not include sales tax and does not include any measure of contingency if unexpected site conditions are encountered which could impact the overall costs. The County will provide the City all invoices and costs incurred for construction costs, if any change order is needed, the County will immediately inform the City in writing of the proposed changes and the change order work shall not proceed until the City has approved. The amount of any change orders shall not cause the total costs for the project work to exceed the above estimate. i Authorized by City of Kent: Name: Suzette Cooke Title: Mayor Date: Additional Work: Interlocal Agreement 2 King County and City of Kent Surface Water Services Form A Page 1 of 1 Form A Detailed Information Request #: KT-030 Date Submitted: 03/21/2013 Problem Description: The 2013 City of Kent Bioswale and Stormwater Pond Maintenance is a project that consists removing soil and vegetation in 21 City owned bioswales and 4 City owned stormwater ponds. Nature of Request: The 2013 City of Kent Bioswale and Stormwater Pond Maintenance project includes removing approximately 1875 tons of soil sediments and 639 cubic yards of vegetation in 21 city owned bioswales and 4 city owned stormwater ponds . Location: 4 City owned stormwater ponds and 21 bioswales have been identified. Reference the attached specifications and plans for location Attachments: Scope of Work: Yes Engineering Design: No Map: No Budget: No i City Priority: High Special Scheduling Requirements: Please discuss scheduling of work with city project manager for more details City Project Manager: Todd Hunsdorfer - 253-856-5537 Authorized By: Beth Tan i N lT !L I I V C M � O (O N N W N O M N O M Cn CO cr h aD of V O W Cq O M N G N d' co p ++ 41 M C E v (n C N d m � I ® E ® Y y E ❑ t-� W Ell ❑ C 9 d t O O O N 0 0 0 N N O O n O O O 0 0 C O O O O O R ` N 47 W In LO LO N M m N d P 'O U � CDyw a CN @ E E w w y O O O O O O O O O O O O O O O O O O O O N O N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O (p ''.. O CA V (Li N CI O CA M Y] O (D O O M (A h h W 00 '... L1 N r- 0 M W W O = M O M M M h 0 O No W O W q' .O 7 V i[J M h N M h V M M O c- h d N h CA M (O O M O M 00 (O N NM V N N O CO 0) C0 CO a ER = 61- fR N N N N = — N V' LO LO L 6) V3 63 (H 69 VR Cf} (A 69 (17 6a (R (R (iT EA E (0 er E E v� w toua n w o C OO¢ ¢O¢ O O O N p N Q QmmU � (�i. YOdI- F- F~-- > X DID THW W WLL FO ae F- @ d 2 0] m II II COIL m m m m m m m m m m m m m m m m m m = d d m g m m m m m m m m m mm m m m mm m m m 2 Z 2 G �. 4 u .,y,,3 -•� x Y ;eS^�'.F�£.�`i�*h s.ss":e�."Y= �ta�'�'�';�'z�J;S: 1'r€"rfi5.�.v'� Ze I.. JI = ° r u U 3 N h w tom. : N (-- ) f 'c 1r' �s ¢�`. 'IF sm io u w b P m t �y % I � �� � e� t N � r}C� � � � •_ p I ` { + WA Fit �— �`�"� Ozer IL..� _ S IQ �C TVA t 9 x , t 4 i 7-.-� �. ! J r' .r. I+ ,) �p as-SVii m t I� �, °a�, �a �; l QAA 3 L { 1 14 In Any IF a r x t l Y i sit: r Ono- r r i r � � f �� xt' r a 3l a post W= O ® iE CY n N m $ U y W '° c N H PPf e ri r :vas 3x I E 5 r s yyjj =' m\c b t , .� ill", kt w, i J $ � F vp TA 09 ° P.d ax ( � I F. /} N t S `4u W y tl 1 �s 3 x .ev,0 -TT �} 7IP IM I �. ceBP F t wl.. a. to hN ! �) iwt r 11 sb a .. I �" I� v R A 1 . ljam ow t t s VAX ( s �G 'Low: ! I k � v V,tr.> ':1Yr, � awes � `• Page 1 of 2 City of Kent — 2013 Bioswale and 5tormwater Pond Maintenance Project — 5tormwater BMPs For work on City of Kent Bioswales and Ponds please refer to this list of Best Management Practices for stormwater pond maintenance. Protect Sensitive Areas All vegetation cleared as a part of the project will occur within the immediate area of the pond. Work is not allowed outside the delineated areas shown on the pond maps. If there are any concerns about sensitive area boundaries, contact the city inspector immediately. Minimize/Mitigate Trackout Construction access or activities occurring on unpaved areas shall be minimized, yet where necessary, access points shall be stabilized to minimize the tracking of sediment onto roads. Street sweeping shall be conducted daily, as necessary. Control Dewaterine Dewatering water from ponds cannot be discharged into surface waters,sensitive areas,or the stormwater system. If dcwatering is necessary, the following are viable options for disposing of the water: m Infiltration into non-sensitive areas within the pond property. This should be accomplished by pumping through a flow spreader. Visual monitoring will be required to ensure that no erosion, sedimentation,or other downstream impacts occur. i ® Discharge to the sanitary sewer system with approval from the city inspector and King County Industrial Waste. ® Pump into tanker truck and haul to an approved disposal facility with proper receipts for disposal. ® Water can be pumped to other pond cells or left in the pond only if the pond will not discharge within 24 hours of in-water work or pumping. Stabilize Soils Exposed soils shall be stabilized immediately after completion of work on ponds or as directed I by the city inspector. BMPs for soil stabilization that shall be used on this project include: i ® Straw mulch and band seeding as per the Kent Surface Water Design Manual: Prior to '.. Sept 15 or as directed by the city inspector. a Hydroseeding with tackifier as per the Kent Surface Water Design Manual: After Sept 15 or as directed by the city inspector, ® Erosion control blankets as necessary on steep slopes. Page 2 of 2 Protect Drain Inlets '.. i All catch basins that have the potential to be impacted by pond maintenance activity will be protected by storm drain Inlet Protection. Any entrances to the ponds that have a potential to experience track-oat will be swept and the sediments will be removed from the roadway appropriately to further prevent any sediment or debris from entering into the conveyance system. I Control Pollutants Re-fueling of vehicles or equipment shall not occur within the pond or anywhere that spilled material can enter the pond, storrawater system,sensitive areas, or surface waters. Spill response materials shall be kept on-hand when equipment is being operated on pond sites. i Maintain BMPs All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function, i i WSDOT SPECIFICATION EXCERPTS WSDOT 8-01.3(2)I MOWING EACH MOWING WILL BE CONSIDERED ONE COVERAGE OF ALL AREAS TO BE MOWED WITHIN A DEFINED AREA. THE HEIGHT OF MOWING WILL BE 4 TO 6 INCHES OR AS DESIGNATED IN THE SITE DRAWINGS/PLANS OR IN THE SPECIAL PROVISIONS. WSDOT 8-01.3(3) PLACING EROSION BLANKETS THE SLOPE RATING OF THE BLANKET, AS SPECIFIED BY THE MANUFACTURER, SHALL BE APPROPRIATE FOR THE INTENDED SLOPE AND INSTALLED ACCORDING TO THE STANDARD PLANS. TEMPORARY EROSION CONTROL BLANKETS AS DEFINED IN WSDOT 9-14.5, HAVING AN OPEN AREA OF 60—PERCENT OR GREATER, MAY BE INSTALLED PRIOR TO SEEDING. BLANKETS WITH LESS THAN 60—PERCENT OPEN SPACE SHALL BE INSTALLED IMMEDIATELY FOLLOWING THE SEEDING AND FERTILIZING OPERATION. WSDOT 8-01.3(8) STREET CLEANING STREET SWEEPING SHALL BE USED WHENEVER REQUIRED BY THE ENGINEER WHEN SEDIMENT/DEBRIS CONDITIONS EXIST. WSDOT 8-01.3(9) SILT FENCE SILT FENCE SHALL BE INSTALLED ACCORDING TO THE SITE DRAWINGS AND/OR AS REQUIRED BY THE ENGINEER, INSTALLATION SHOULD BE ACCORDING TO MANUFACTURER'S RECOMMENDATIONS AND FOLLOW WSDOT 8-01.3(9) SILT FENCE, GUIDELINES. ff CONSTRUCTION NOTES 1. REMOVE SEDIMENT AND VEGETATION AT BOTTOM OF PONDS TO A DEPTH OF 6", UNLESS DIRECTED OTHERWISE BY ENGINEER. 2. PRESERVE VEGETATION AT TOP OF SLOPES. 3. REMOVE ALL TREES, INCLUDING WILLOWS, UNLESS SHOWN ON PLANS. TREES SHOWN ON PLANS ARE TO REMAIN. THE CONTRACTOR SHALL BE RESPONSIBLE FOR REVIEWING EACH SITE TO DETERMINE THE EXTENT OF TREE AND BRUSH REMOVAL. 4. DISTRIBUTE RIPRAP EVENLY THROUGH REQUIRED AREAS. REMOVE ALL TREES, WILLOWS, AND STUMPS FROM POND PRESERVE W ` BOTTOM UNLESS VEGETATION AT `` 3.a •;� �—s',= NOTED OTHERWISE TOP OF SLOPES r Imo' � v APPROXIMATE 3:1 SLOPE 6" SEDIMENT AND VEGETATION REMOVAL ALONG POND BOTTOM TYPICAL POND SECTION GRATE PLACE SILT SACK OR 1" REBAR FOR APPROVED EQUAL BAG REMOVAL UNDER INLET GRATE __. PRESERVE _ VEGETATION AT TOP OF SLOPES d. EXISTING INLET " ' I 3" SEDIMENT AND VEGETATION i >- a REMOVAL ALONG BIOSWALE BOTTOM. HYDROSEED AFTER REMOVAL. I INLET PROTECTION TYPICAL AIOSWALE SECT GE NERAL REMOVAL OF 2013 CrrYWIDE M31OSWALE NOTES, p SEDIMENT, DEBRIS AND ®R A R POND LEGENDAND CITY OF KENT• • pyq� ' AND INVASIVE SPECIES MAINTENANCE ENGINEERING DEPARTMENT POND REOMN MAI NCE KEIT,W. GOWE ST IN AND AROUND POND i GENERAL NOTES 1. PRIOR TO ANY CONSTRUCTION ACTIVITY THE CONTRACTOR SHALL ATTEND A PRE- CONSTRUCTION CONFERENCE WITH_CITY OF KENT INSPECTION PERSONNEL. -- . .. 2. CONTRACTOR SHALL PROVIDE NOTIFICATION OF WORK AND STREET/ALLEY CLOSURE TO ALL RESIDENCES A MINIMUM OF TWO (2) DAYS PRIOR TO MOBILIZING EQUIPMENT. THIS IS TO BE ACCOMPLISHED WITH DOOR HANGER BROCHURES PROVIDED BY THE CONTRACTOR. 3. THE CONTRACTOR IS SOLELY RESPONSIBLE FOR THE MEANS, METHODS AND SEQUENCES OF CONSTRUCTION, AND FOR THE SAFETY OF THE WORKERS. i 4. UNLESS OTHERWISE NOTED, THE WORD "REMOVE' OR "REMOVAL" IN THE CONSTRUCTION NOTES, - SPECIFICATIONS OR PLANS MEANS REMOVAL, HAUL AND PROPER OFF-SITE DISPOSAL BY THE CONTRACTOR AT AN APPROVED SITE AT THE CONTRACTORS EXPENSE. 5. BIOSWALE/POND ELEVATION, SHAPE AND SCALE MAY BE DIFFERENT THAN SHOWN ON SITE DRAWINGS. '.. PRIOR TO WORK, CONTRACTOR SHALL VERIFY EXISTING SHAPE OF BIOSWALE/POND HOLDING AREA AND LOCATIONS OF IN/OUTLET PIPES BEFORE SEDIMENT/VEGETATION REMOVAL. ANY CONFLICTS SHALL BE RESOLVED WITH THE ENGINEER. 6. CLEARING WILL CONSIST OF MOWING AND BRUSH CLEARING FROM THE STORMWATER BIOSWALE/POND HOLDING AREA SIDE SLOPES TO THE STORMWATER BIOSWALE/POND AREA LIMIT. THE SITE DRAWINGS ILLUSTRATE APPROXIMATE LOCATIONS OF HOLDING AREA AND BOUNDARIES. THE HEIGHT OF MOWING WILL BE BETWEEN 4 TO 6 INCHES, OR AS DESIGNATED BY THE ENGINEER. TREES DESIGNATED TO REMAIN ARE ILLUSTRATED ON THE SITE DRAWINGS. REMOVE ALL BLACKBERRY BUSHES FROM BIOSWALE/POND SITES. 7. UNDERGROUND FACILITIES OR UTILITIES MAY NOT BE SHOWN ON THESE DRAWINGS. IDENTIFICATION, LOCATION, MARKING AND RESPONSIBILITY FOR UNDERGROUND FACILITIES OR UTILITIES IS GOVERNED BY THE PROVISIONS OF CHAPTER 19.122, REVISED CODE OF WASHINGTON. IT IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO INDEPENDENTLY VERIFY ALL UTILITY LOCATIONS AND TO FURTHER DISCOVER AND AVOID ANY OTHER UTILITIES NOT SHOWN HEREON WHICH MAY BE AFFECTED BY THE IMPLEMENTATION OF THIS PLAN. THE CONTRACTOR SHALL CONTACT THE UNDERGROUND UTILITIES LOCATION SERVICE (8-1-1) AT LEAST 2 WORKING DAYS PRIOR TO CONSTRUCTION. THE OWNER OR HIS REPRESENTATIVE AND THE ENGINEER SHALL BE CONTACTED IMMEDIATELY IF A CONFLICT EXISTS. B. THE APPROVED TRAFFIC CONTROL PLANS, THE APPROVED TEMPORARY EROSION/SEDIMENTATION CONTROL PLANS, THE STANDARD SPECIFICATIONS AND KENT SPECIAL PROVISIONS SHALL BE ON THE JOB SITE WHENEVER CONSTRUCTION IS IN PROGRESS. 9. CONTRACTOR SHALL RESTORE ALL LANDSCAPED AREAS ON-SITE AND ADJACENT TO THE SITE THAT WERE DISTURBED BY CONSTRUCTION TO ORIGINAL CONDITION. 10. THE CONTRACTOR SHALL KEEP STREETS CLEAN AT ALL TIMES BY STREET SWEEPING WHEN NECESSARY, OR WHEN DIRECTED BY THE CONSTRUCTION ENGINEER. 11. THE CONTRACTOR SHALL COMPLY WITH ALL PUBLIC CONVENIENCE AND SAFETY MEASURES AS DESCRIBED IN SECTION 1-07.23 TO SECTION 1-07.23(2) OF THE KENT SPECIAL PROVISIONS FOR CONSTRUCTION UNDER TRAFFIC AND DETOURS. 12. ALL EXISTING UTILITIES SHALL REMAIN IN SERVICE UNLESS OTHERWISE NOTED. 13, CAUTION - EXTREME HAZARD - OVERHEAD AND UNDERGROUND ELECTRICAL SERVICE LINES ARE GENERALLY NOT SHOWN ON THE DRAWINGS. THE CONTRACTOR IS RESPONSIBLE FOR DETERMINING THE EXTENT OF ANY HAZARD CREATED BY OVERHEAD OR UNDERGROUND ELECTRICAL POWER IN ALL AREAS AND '.. SHALL FOLLOW PROCEDURES DURING CONSTRUCTION AS REQUIRED BY LAW AND REGULATION. PRIOR TO CONSTRUCTION THE CONTRACTOR SHALL MEET WITH UTILITY OWNERS AND DETERMINE THE EXTENT OF HAZARD AND REMEDIAL MEASURES AND SHALL TAKE WHATEVER PRECAUTIONS THAT MAY BE REQUIRED. i REMOVAL OF 2013 CITYWIDE SIOSWALE GENERAL SEDIMENT, DEBRIS AND STORMWATER BON® NOTES AND INVASIVE SPECIES MAINTENANCE CITY OI:WA. p'q [� g py p� ENDIEPARTMENT IN AND AROUND POND 4D0 STKENT32 M0339 33S - 3NIIHOiVM U Q d13dV1 N1930 o y P � I om P 9 C t �z V { 1�� O N O z O I° O U wG - '� �•� O �_ O GU � l o � Pw d a rY� HLOIM I3 Vill W MIN ,U NIVINIVN q b 9° AV Ida ax � I � o W GQ. �W Uy ZO Z Za � III h J aQa oa 'off �^ m � � Ei3dV1. YVtl3iLSNM0 1 moo z� ax z E w4_ d NI939 I �o o u Gx rU o V joo wa ¢x� iwNa � za I o III Z lad- D wY Oi✓�0F 6 �UZ y p K 3 Vi p pi m WwU ql UZQ OFt� 6�0 ZW }¢O ZFO U' O UO ¢U\NO N O-2 I � wG x UU �� �' Vm W ¢ U •` o0< � z<J o%oa Fw-= 3 uz PazPPz<naL=i zap off¢ b U N�azG�oaa>¢m P. > o y� ZGQF ZSO4yUja-Mao ap� F Z GU u<�> wNozNwwuU� Kw >�oos o�s WO l �1TF r.oa om¢a2ao¢O¢p Jou�dn �� N rir m m � F � 3AC9V 33S - 3NIlH91VVY '; m aez ewz/oe/�axa�owrm^mvw eeoc-oN:a+.r-lmrr�anoe uurmmm�x ovv mr.�,mia noz naocbq-,v;.wiaenrc�e KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: May 7, 2013 SUBJECT: Tetra Tech, Inc. 2013 Lakes Monitoring Contract — Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Tetra Tech, Inc. in an amount not to exceed $24,053.80 to monitor and analyze surface water quality conditions and aquatic weeds in Lake Fenwick and Lake Meridian during 2013, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: Lake Fenwick and Lake Meridian are listed on the "303d list" (the nation's list of"impaired waters" compiled by the State Department of Ecology and the Environmental Protection Agency) for a number of water quality parameters. The City has enacted measures to improve water quality at both lakes including educating residents about ways to reduce polluted runoff (e.g. natural yard care and car washing), and in the case of Lake Fenwick, installing an in-lake aeration system and introducing weed-eating fish (Grass Carp) to reduce non-native aquatic plants. More improvements are proposed in the near future including increasing the capabilities of the aeration system and treating Lake Fenwick with non-toxic, algae- inhibiting chemicals. This contract will assist staff by providing the expert help and specialized equipment and testing necessary to assess lake conditions. Information will be used to quantify improvements to water quality and to ensure safe conditions for swimming and fishing. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: No additional unbudgeted funds will be required. The contract will be paid through the Stormwater Utility Fund. For 2013 Water Quality Monitoring Lakes Fenwick and Meridian March 3,2013 Prepared for: City of Kent Prepared by: Tetra Tech, Inc. 1420 5? Avenue, Suite 550 Seattle,WA 98101 Attn: Harry Gibbons 206.838.6261 Scope Overview The City of ILent with the aid of Tetra Tech (Tt) has been monitoring the environmental conditions at Lake Fenwick and Lake Meridian. The following scope of work for 2013 is a continuation of the monitoring efforts performed since 2006. The scope of work describes the specific activities that Tt will perform in order to aid the City's continued effort to collect water quality data from its lakes for 2013. The primary goals of this project are to: 1) Continue to collect baseline data for annual assessment of the lakes' envi omnental health and to provide a long-term database for potential management decisions in the future, and 2) Provide compliance monitoring data for Lake Fenwick in support of the current TMDL listing for phosphorus. Therefore, the specific objective of this scope of work is to collect data from each of the two lakes on phosphorus, temperature, dissolved oxygen (DO),pH, Secchi disk, chlorophyll a (chl a), and phytoplankton. Additionally, sampling at 2 public beaches will be conducted on Lake Meridian. The collected dataset will be summarized and a detailed assessment made as to the overall condition of the lakes for 2013. A specific scope of work is outlined below. Cost estimates for these tasks are included. "Phis scope of work is for the cost associated with the collection of the samples ordy and does not reflect any laboratory analysis. It is assurned that all laboratory analysis will be paid for in full by the City. Transporting of the samples to the appropriate laboratory will be provided by Tt and is included within this estimate. Allowing the City to directly pay for the laboratory analysis is expected to save the City in direct fixed costs associated with the monitoring of the proposed sites. Detailed Work Tasks: Task 1: Project Management 1.1 Tt will prepare monthly invoicing. 1.2 Tt will perform monthly QA/QC analysis of field and laboratory data to ensure the on-going validity of the collected data. Deliverables • Monthly invoices i Task 2: Monitoring Described below are the specific sampling tasks that will occur during the 2013 monitoring period. Sampling events will occur on or approximately on the following dates: May- 15 June-12 July- 11 August- 6 September- 10 October- 15 November- 13 The following tasks will be performed during each sampling event: Lake Meridian Monitoring During each sampling event listed above water quality samples will be taken at the deepest point of the lake at a depth of 1 meter below the lake surface. The water sample will be analyzed for TP (total phosphorus), chl a, and phytoplarikton. Water transparency will be determined with a Secchi disc on each sampling occasion. DO, pH, and temperature will be determined at meter depth intervals on each sampling date. On one sampling event, in September, additional samples will be collected for TP and chi a analysis at raid depth and 0.5 meter above bottom sediments. Lake Fenwick Monitoring In-lake activities at Lake Fcnwiek will include water quality samples taken during each sampling event listed above at the deepest point of the lake at a depth of 1 meter below the lake surface and 0.5 meters above bottom sediments for TP and chi a. Additionally, phytoplankton will be collected at I meter below the lake surface once per month on the proposed sampling dates. Water transparency will be determined with a Secchi disc on each sampling occasion. DO, pll, and temperature will be determined at meter depth intervals on each sampling date. i City of Kent i Fenwick Welland Monitoring Lake level will be monitored in the wetland outflow area or lake inlet station with a datalogger. The outflow from the wetland is Lake Fenwick's largest inflow source other than direct precipitation. Lake Meridian Swimming Beaches As continuation from previous monitoring efforts, Fecal Coliform(FC) samples will be obtained from two designated sampling locations within the swimming area at Lake Meridian. The events will coincide with designated sampling dates in late July through early September(July I Vh August 6u1 , and September 1 Ov'). A total of 6 FC samples will be collected and analyzed. Assumptions: a Laboratory testing will be performed at Aquatic Research, Inc. and will be paid for directly by the City. Phytoplankton samples will be analyzed at Water Environmental Services, Inc. and will be paid for directly by the City. Tt will be responsible for transporting the samples to the laboratories mentioned above. Tt will provide QA/QC of the results from samples delivered. Deliverables: ® Water quality data collected during the sampling events listed in Task 4 will be sent to the city in hard copy and electronic form (Included within Monitoring Report) Task 3: Lake Fenwick Macrophyte Survey The introduction of grass carp into Lake Fenwick to control invasive aquatic plant growth occurred in 2009. To document the effectiveness of grass carp, a detailed survey for mapping and assessment of grass carp impact on macrophytes will be conducted in August. A Trimble ProXH CPS Receiver will be used to map the spatial extent of macrophytes within Lake Fenwick, Species type and abundance will be recorded. The results of the survey, the comparison, and detailed mapping of the macrophytes will be summarized in the technical memorandum detailed in Task 4. Deliverables: ® GIS Shapefrles of macrophyle mapping Task 4: Water Quality Technical Memorandum To determine if water quality trends exist, a technical memorandum presenting the data in tabular and graphical form will be prepared. An assessment of the water quality for 2013 for the sites listed in Task 2 and 3 will be included in this memorandum. Water quality and phytoplankton data from 2013 will be assessed in the context of similar monitoring data horn 2006 through 2012 to determine if trends exist. 'this assessment will highlight observations and conclusions learned from previous monitoring results and focus on the interrelationships between water quality 3 Tetra Tech, Inc. City of Kent parameters and phytoplankton production and species community structure. It will also identify potential environmental risks to water quality or problems that require management response for each lake. Deliverables: ® Technical memorandurn presenting the data in tabular and graphical form and relative assessment of water quality for 2013 will be prepared. The memorandum will include data collected by Tt. Two hard copies and one compact disk will be submitted. Task 5: Record Water Levels Tetra Tech will place and maintain data loggers to collect information on temperature and water levels at the inlet to Lake Fenwick (outlet of the wetland) and outlet channel from the lake, to determined flow. Also, lake level will be recorded at Park Dock. Data will be downloaded at the time of sampling and recorded for water, TP budgets and modeling. Deliverables: • Hourly water level data for lake, inlet and outlet 4 Tetra Tech, Inc. _ . . _.. _.._... _ .__.. __. .. .. .._ .._.. _ 3/19/2013 'TL 0,TECH,INC.—Surface Water Croup_ _ f Fee Estimate CITY OF PENT... . __ .. . (.. WATER QUALITY MONITORING FKE ESTIMATE Principal Project Emviromm Field Admin Total Totallabor Scientist Scientist coral Teclmieian* Support Hours Nvith Oil lin 'neer ' Direct Labor+Olt i profit* $221.06 $165.20 $104.22 $71.84 .$71,30 Work Task u Description 1 Project Management 8 8 S1,321.59 2 Monitoring 2 8 130 140 $11,102.57 Lake PemvickMacrophyle Survey T�4 12 16 S1,746.29 4 Technical Memorandum 8 24 1 8 2 46 S5,424.46 5 Collect Water Levels - 4 10 10 24 S2,421.39 Total Labor 1 10 28 34 160 2 234 $22,016.30 fr Please refer to the rate table below for DJR MATERIALS Description jday nit ihdt Cosl Quantity Cost Notes Hydrolab ay $80.00 7 $560.00 Secchi Disk ay $5.00 7 $35M Boat Rental $50.00 7 $350.00 Data Recorders for water level nlb $25.00 21 $525.00 CPS Rental ay $110.00 1 $110A0 � TOT Al,MATERIALS:' $1,580.00 i PREPRODUCTION Description Unit unit cost Quantity Cos[ Notes Monil000greporland Technical memos pg $0.09 500 $45M TOTAL REPRO: $45.00 TRAVEL llesaiplioit Unit Unit Cost Qnaatity Cost Notes Ivlikage mules $0,550 750 $412,50 1 GSA mileage rate TOTAL TRAVEL: S412.50 _.. 'TOTAL COST. S24,053.80 i Labor Rate Table .__ marl:-up Labor.... Staff f.abor Class DJR (overhead)', Rate Harry Gibbons/Principal Scientist 71.31 3.1 S221.06 Robert Plotmkoff/Ptnjact Sotcnns[ 53.29 3.1 $165 20 Shannon Brattebo/Environmentat Engineer 33.62 3.1 - $104.212 Adam Baines/Hield'l echnwian=`* 2852 3.1 $ 88.41 _Jessica Blizard/Field Tuhnician** 19.00 3.1 $ 58.90 '. :Renee Vandermause/Field Technician** 22.00 3.1 $ 68.20 Denise Thiel/Admin Support 23.00 3.1 ( S 71.30 **Field Technician rate of$71.84 blended between Adam,Jessica,and Renee;use two of three on a given date. I KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: May 7, 2013 SUBJECT: King Conservation District Grant Agreement - Accept MOTION: Accept a King Conservation District grant in the amount of $62,402.54, authorize the Mayor to sign the agreement and approve the expenditure of funds in the Green Kent Partnership budget, subject to final terms and conditions acceptable to the Parks and Human Services Director and the City Attorney. SUMMARY: Staff applied and received a grant from the King Conservation District to continue implementation of the Green Kent Partnership for Year 4, 2013. Specifically, this grant will fund: $29,747.76 for a Green Kent temporary employee (includes allowable mileage stipend) and $2,365.78 for an intern, both to supplement available Parks personnel and provide field support to stewards, $15,794 to Forterra for regional coordination and trainings, $9,000 for contracted crew work, $1,370 for tools and plants, and $4,125 to offset the Special Programs Manager's time overseeing the project. EXHIBITS: King Conservation District Grant Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Revenue of $62,402.54 to the Green Kent Partnership budget. Page 15 i AGREEMENT FOR AWARD OF KING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT City of Kent,Parks This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 1107 SW Grady Way, Suite 130, Renton, WA 98057 (referred to herein as "District"), and City of Kent Parks, a municipal corporation in King County, Washington, located at 220 4th Ave S, Kent, WA 98032 (referred to herein as "Recipient"),for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to be of special benefit to lands; and 1.2 Whereas,pursuant to RCW 89.08.400,King County has authorized and imposed a system of assessments to finance the activities and programs of the District; and 1.3 Whereas, pursuant to RCW 89.08.220, RCW 89,08.341 and/or Chapter 39.34 RCW, the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise); or their designees, in order to carry out and facilitate the activities and programs of the District to conserve natural resources; and 1.4 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policies and procedures for awarding grants; and 1.5 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a grant to j Recipient. SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Sixty Two Thousand Four Hundred Two Dollars and Fifty Four Cents ($62,402,54) from 2011-13 Assessments. Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the District's policies and procedures, including but not limited to, the policies and procedures contained in the Member Jurisdiction & WRIA Foram Grant Application Instructions and Policies, provided that such fa nds have been collected and received by the District. Page 1 of Page 16 � L 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further, Recipient agrees to return to the District any grant funds that are not expended or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant fiends which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due June 30 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested,Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records, If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records, Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS"). Page 2 of 4 Page 17I 2.8 The District or its representative shall have the right from time to time at reasonable intervals,to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. Recipient shall cooperate with the District in any such audit. 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages,losses to or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement. 2,12 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. j I I Page 3 of 4 Page 18 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. DISTRICT: RECIPIENT: By BY Name Name Title Title Date Date Approved as to Form: Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: I B37 rV BY Name V'(� 1 V' (7 " Name Date � �_ Date Page 4 of 4 M-PWN T /41 , Member Jurisdiction ][(aw . & WRIA Forum Grant Program j&D King Conservation District Grant Application Project Title: Green Kent Partnership,Year 4,2013 Applicant: City of Kent Parks&Public Works Contact: Victoria L.Andrews Principal Partners(if any): Forterra, Kent Parks Title: Special Programs Manager Foundation, RE[,Green River Community Address: 220 4rn Avenue South, Kent,WA College 98032 Total Project Cost: $456,809.54 WRIA Funding I I Jurisdiction Funding KCD Funding Requested: $62,402.54 ` Phone: 253-856.5113 Project Start Date: M ^ ' 1A011I I jaj, Fax: 253.856-6050 Project End Date: Ma=h-38r�A14 il3DW E-mail: vandrewsQkentwa.gov 1. Project Description - provide a brief description of the project that summarizes what you will do, how you will do it,and why you will do it. Consider the following in the answer to this question:what pressing need will be addressed by the project or what promising opportunity will be capitalized on?Who or what will benefit or be positively and negatively affected? " WHAT: We are requesting assistance from KCD to help us continue to execute the Green Kent Partnership management plan to better steward our public natural spaces. The 20-year plan calls for 96 acres to be enrolled by the end of 2013: 56 new acres and 40 acres in maintenance and monitoring,As of the end of 2012,we have enrolled a cumulative total of 110.97 acres.This year, in consideration of current resources,we Intend to enroll additional acreage, but not at prior rates. Support for Green Kent comes from a variety of sources.At this time,the majority of the restoration work is completed by city-funded wetlands crews on Public Works-maintained lands. Grant-funded (Including this KCD grant)contract crews supplement city resources in forested parks. In addition, community engagement and support from outside partners remain vital components of the overall effort. In 2013,the 20-year plan's goal is to maintain and support 20 active Stewards to lead volunteer work parties at their sites along with community events planned by staff.We are confident we will achieve this goal with KCD , support. 1,In addition to directly supporting stewards, KCD funding helps us with the vital tasks of mapping and recording our restoration progress, as well as coordinating our efforts with those of other area Green Cities.This grant request includes funding for a Green Kent Temporary employee, an intern, a nominal amount of administration of the program, plants and tools for Green Kent Day and Steward work parties, and pro-rated support to Forterra for regional Green Cities Network activities and training for Kent volunteers and staff. Member Jurisdiction&WRIA Forum Grant Application -January 23,2012-Page 1 of 6 I Page 20 I� I of range broad HOWIWHY.The Green Kent temporary employee will continue to provide a b r g � technical support to the program, Thus far she has created and entered planting plans and all restoration activity into GIS, written monthly e-newsletter content, assisted in creating a Master Steward program with practical reward incentives, and drafted a comprehensive volunteer handbook.We are dependent on this position for the technical support necessary to further establish and grow the program. We are in a critical point of establishing the program and city staff need some supplemental assistance.As part of a new partnership with Green River Community College,one of our goals for the coming year Is to fund an internship for one of their students in their Natural Resources degree program. Under the supervision of the Green Kent Temporary employee and Special Programs Manager, the intern will support Stewards in the field and provide additional GIS support. Depending on the intern's qualifications, s/he may also maintain the Green Kent Partnership's Facebook presence and create planting plans. In addition, contracted crews can supplement city resources by performing restoration work in targeted natural areas that do not yet have a Steward. We also plan to offer a work party with a contracted crew as a "reward" or incentive to Stewards to help them make more progress pp ro ress and feel supported. i Another portion of our grant application is for tools for our Stewards and plants for Green Kent Day that we cannot grow in our nursery.As our program grows, our need for tools is also growing.We are requesting some funds from KCD for these tools, and we will also be approaching REI for resources to grow our tool Inventory. REI has been very supportive of the Green Kent Partnership and helped with purchases of tools and other supplies this year. We are optimistic about their continued support at the same level next year. As the Green Kent Partnership matures, our relationship with Forterra continues to evolve. At first, the city relied on them for fundamental front-line support. As we have been taking on more of those responsibilities,we are turning to Forterra more for their regional leadership and their ability to coordinate among the various Green Cities in such critical areas as outreach, education, potential grant resources and regional promotion. Forterra will organize and host four continuing education trainings for Stewards and quarterly focus meetings for Green Cities staff plus an annual forum. Our grant request also includes a modest amount for Forterra's participation quarterly at our management team meetings to brief us on regional topics. Forterra staff will present an overview of the program to volunteers at the March 23rd Steward orientation. Allowable mileage reimbursement is also included. 2. Natural Resource Improvement Actions o describe how the project will address a minimum of one of the natural resource improvement actions described on page 1 of the application instructions. Consider the following in your answer to this question: What natural resources will be improved?What are the known needs,gaps or deficits that will be addressed? What are the known benefits to soil, water, air,plants,fish and i wildlife,landowners? Education &Outreach: Along with the monthly e-newsletter,website and Facebook page, Kent and Forterra staff are continuing outreach to service clubs, student leadership organizations, city and neighborhood councils and other public gatherings about the goals of the Green Kent Partnership as they relate to public and privately owned property. Green Member Jurisdiction&WRIA Forum Grant Application -January 23,2012-Page 9 of 6 Page 21 Kent Day will be part of a regional Green Cities Days: Forterra will coordinate outreach for all participating cities and RE[ is on board as our corporate partner.We plan to strengthen relationships with three other prominent businesses: Starbucks Roasting Plant, The Boeing Company and Fred Meyer. Capacity Building: 1) Because natural areas strengthen local neighborhoods, improve property values, have community health benefits and make neighborhoods more attractive and vibrant, the city of Kent continues to do outreach to landowners surrounding publicly owned restoration sites, e.g. with simple staked signs in areas being restored, articles in the city's monthly Scene e-newsletter, and other vehicles. 2) Kent staff collect volunteer and fieldwork data in detail. 3) Stewards and staff will have access to quarterly trainings here and in other Green Cities with the help of a Forterra-maintained web calendar. Direct Improvement of Natural Resource Conditions: We continue to adapt best management practices to protect restored areas.We have learned,for example,that heavy cardboard covered with six(6) Inches of chips dramatically impedes invasive re-growth if any roots remain.This weed barrier combination requires only semi-annual monitoring and maintenance. Stewards have also tested the efficacy of burlap as a weed barrier(along with 6" of chips) at several sites and discovered that it is easier for volunteers to manage and It performs as effectively as cardboard in shady areas but is not in areas that get full sun or have reed canarygrass. 3. Project Activities and Measurable Results - using the table below, list specific project activities to be completed,the timetable for the activities,and the deliverables associated with those activities. Consider the following in your answer to this question: What actions, interventions,programs,services will be deployed? Activity Description Deliverables Timeline ftpni L Field work (Green Kent Manage site visits, work plans, i mTtr 2013- Temporary and other city staff, work parties, removal of debris Febr ri` - GRCC intern,volunteer if not composted onsite, 2014 o Stewards) delivery of chips, plants. i Oversee and track field work to create quarterly/annual reports. Produce maps showing restoration progress. ,ii 2. Community outreach (Green Recruit,train and support 5 Mafetr2013- Kent Temporary and city staff, new Stewards (maintain 20 Eebruary�Xt with support from Forterra as active Stewards total). 2014 C appropriate*) Organize, promote and facilitate one annual Steward training.Additional individual trainings as needed. Hold year- end Steward recognition event. *Forterra staff liaison attends management team meetings uarterl for mutual updates. Member Jurisdiction&WRIA Forum Grant Application -January 23,2012-Page 10 of 6 Page 22 City staff management team meets monthly. 3. Green Kent Day(city staff,with "Organize, promote regionally October 2013 support from Forterra & RE]) and coordinate Kent's participation in Green Cities Days. Volunteers will plant and mulch 500-2000 native plants at 1-2 sites on Green Kent Day based on planting plan(s) created for the site(s)by Green Kent Tempora and city staff. nt 4. Technical and regional support Host One-hub website forars4r 2013- (Forterra) Green Cities to share F-ebruai '- resources, upcoming trainings 2014 and events, post questions, etc.. Plan and facilitate one annual Green Cities summit and four quarterly forums on topics generated by participating cities. Host quarterly trainings in Kent for Green City Stewards and staff lead by field experts. Provide Kent Stewards and staff access to trainings hosted by other Green Cities. 5. Contracted crews to supplement Up to 10 crew days to clear or Summer-Fall city resources. maintain selected sites. 2013 Stewards may be offered 1-3 days of crew support for work arties as rewards. 4. Effectiveness(see page 2 of application instructions for definition) - describe how the project will effectively implement the natural resource improvement measures identified In question No. 2 above. Consider the following in your answer to this question: Why Is the primary applicant the best entity to deliver the proposed program/service/intervention?What Is the capacity of the primary applicant to deliver the proposed program/service/intervention?What tools,services and partners will be brought to bear? Kent's 1,500 acres of parks, wetlands and other natural areas are maintained by city of Kent Parks and Public Works staff. Both departments include certified arborists and credentialed project managers experienced in natural resource improvement. Public Works also has an environmental ecologist who has been part of the Green Kent management team since the planning began. Staff maintain tools reserved exclusively for Stewards in two strategically located, locked storage sheds and deliver additional tools to larger work parties via the volunteer trailers.An REI grant through Forterra provided two steel job cases of tools for Stewards in two sites and more job cases are planned. Member Jurisdiction&WRIA Forum Grant Application -January 23,2012-Page 3 of 6 Page 23 I' I Since Forterra originated the Green Cities Partnership in Seattle in 2005,there are now six Green Cities in the Puget Sound region: Kirkland, Redmond, Tacoma, Kent and Everett, each sharing best management practices and collaborating quarterly. 5. Efficiency(see page 2 of application instructions for definition) - describe how the project will efficiently implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: How will the proposed program/service/intervention engage In conjunction with related efforts?How does your strategy best leverage resources? The city leverages support from community businesses to supplement taxpayer resources to accomplish its restoration goals. In 2012, the Green Kent Partnership benefitted from $18,406 in donated goods and services. Volunteer contributions were valued at just under $140,000, nearly six maintenance workers. A three-year mitigation project at Lake Fenwick Park funded by Seattle band Pearl Jam through Forterra will end In 2013, providing WCC crew time to maintain conifers planted the previous two years. Forterra's role in the partnership benefits us in many ways, including leveraged program deliverables from other grants they actively seek and receive. 6. Equity(see page 2 of application instructions for definition) - describe how the project I will equitably implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: In what part of the District will the proposed program/service/intervention occur? Who Is the target audience and what demographic section of the community will be affected? The program is being implemented In Kent, King County. Target audiences are: • park visitors (including bird-watchers,two of them Stewards at Green River Natural Resources Area) • adjacent neighbors • landowners • Kent-based corporations (e.g. Starbucks and REI, both actively stewarding sites) • elected officials • regular Parks and Public Works volunteers • students,who are learning about Green Kent through our award-winning Plant the Planet elementary school tree education program and from Green Kent Stewards who are staff members at Scenic Hill Elementary and Kent-Meridian High School, both award-winning Green Schools. • demographically representative areas of the community: since publicly owned property is distributed throughout the city, Implementing the Green Kent Partnership equitably improves natural resources throughout the entire community. 7. Evaluation of Intended Results - describe the evaluation mechanisms you will use to track,document, and report that the project has achieved the intended results described in questions 1-3. Stewards are responsible for tracking their progress on work logs, with follow-up staff site visits to ensure they are tracking data correctly. GIS maps are maintained by staff for all work sites showing acreage, phase of restoration and plant species installed. Staff record I Member Jurisdiction&WRIA Forum Grant Application -January 23,2012-Page 4 of 6 _ Page 24 volunteer hours in Access and generate quarterly and annual reports to.compare our progress against the 20-year management plan. S. Project Budget&Expenses Budget Item KCD Funds Other Funds Other Funds Total City of Kent KPF, RE[, Forterra Salaries and Benefits $35,988.54 $222,913 $1;880 $260,781.54 Travel/Meals/Mileage $250 $150 $400 Office/Field Supplies $1,370 $3,860 $6,000 $11,230 _ Contracted/ $24,794 $8,524 $33,318 Professional Services Land Acquisition Permits Volunteers C$21.01/hr. $160,080,. $160,080 TOTAL 1 $62,402.54 $226,923 $176,484 $465,809,54 9. KCD Acknowledgement-Describe how the KCD will be acknowledged as a source of funding for the proposed program/service/intervention (see Grant Program Overview& Policies,General Grant Program Policies,#6). A press release will be submitted to local media about King Conservation District's continued support. The Kent Parks Committee and the City Council will acknowledge KCD's grant on public access channel TV-21 during their televised meetings, on the city's website, Facebook page, in the Program Guide and in Green Kent and city Scene e-newsletters, It will also be recognized (including IDgo) in all appropriate Green Kent Partnership printed materials. Authorized Signature pate I i i i i i Member Jurisdiction&WRIA Forum Grant Application-January 23,2012-Page 5 of 6 w," Agenda Item: Consent Calendar — 7G TO: City Council DATE: May 7, 2013 SUBJECT: 2013 First Quarter Fee-in-lieu Funds — Accept MOTION: Accept fee-in-lieu funds in the amount of $70,125 and amend the Community Parks Reinvestment budget for future expenditure of funds in the Springwood Park budget. SUMMARY: Between January 1, 2013 and March 31, 2013, the city of Kent received a total of $70,125 from developers who voluntarily paid fees in lieu of dedicating parkland to mitigate the development of single-family homes in local subdivisions: • Springwood Park budget: $54,825.00 from Henley USA LLC • Springwood Park budget: $15,300.00 from Henley USA LLC Ordinance 2975 requires developers to dedicate park and open space land in proximity to new construction sites or to pay "fee-in-lieu" funds. The fee is based on assessed land values. EXHIBITS: Financial Revenue Report RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Revenue of $70,125 to the Springwood Park budget. u - Page 27 N d5 QQ QQ o JQ Q i i m as a o N � I N m N `m E 0 N 0 U p O D C V p J I N N N N d N m m L N C C 9 O N a o 0 Z _ � v e U U aM J L a m 0 0' 0 0 0 cN- o _ a i M M f0 N N O W W G rn rn Y Y � � m 8 a O �I N N W � N M a � 3 M � O O o a m m E w �� 0 � Z ro c6 O N p o Q c o 0 N U d d � J KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: May 7, 2013 SUBJECT: Recreation Conservation Office Grant Amendment - Accept MOTION: Authorize the Mayor to sign the Recreation and Conservation Office grant amendment in the amount of $144,880 to reimburse the land acquisition budget for the Clark Lake Assemblage, subject to final terms and conditions acceptable to the Parks and Human Services Director and the City Attorney. SUMMARY: The Recreation and Conservation Office (RCO) Washington Wildlife and Recreation Program awarded the City $144,880 in additional funds to reimburse the purchase of the Schulte property. This .71-acre site will be included in the Clark Lake Assemblage. The grant will be matched by a King County Conservation Futures grant that was already awarded. EXHIBITS: RCO Grant Amendment RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Revenue of $144,880 to the Land Acquisition budget. Page 31 WASHINGTON STATE Recreation and Conservation Office Amendment to Project Agreement Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 10-1653A Project Title: Clark Lake Park Expansion 12 Amendment Number: 1 Amendment Type: Cost Change Amendment Description: This amends the Project Agreement scope of work to include the acquisition and associated incidental costs for the.71 acre Schulte property located at Clark Lake. Wth the availability of additional Washington Wildlife and Recreation Program funds, the Project Agreement is amended to increase the grant amount by $144,880 for a !, total grant of$270,000 for this partially funded project. $144,316.41 funds are from the 2009-11 biennium and $563.59 funds are from the 2011-13 biennium. !.. Project Funding: The total cost of the project f greement changes as follows: Oldffipnt NewAmount 77-7 Amotti`ak�I % Amount % ° RCO-WWRP-LP $125 1201; 50.00% $270,000.00 50.00% Project Sponsor s $12 l �T00 50.00% $270,000.00 50.00% Total Project Cost 100% $540,000.00 100% Admin Limit 0 0 $25,714.00 5.00% r �r A&ELimit �$0.00 2�.003/0�;?,; $0.00 20.00% t Agreement Terms 4 In all other respects the Agreement, to which this is an Akre ent aj1 rtta hrne..",hereto, shall remain in full force and effect. In witness whereof the pa j e heretoe exec#his Amendment. .a. � r t State Of Washington Kent Parks, [ Comm Sery Recreation and Conservation Office -,, AGENCY: BY: BY: Kaleen Cottingham TITLE: Director TITLE: DATE: DATE: Pre-approved as to form: BY: 1Sl Assistant Attorney General WWRP Project Cost Change Amendment !!, Outdoor Recreation Account Chapter 79A.15 RCW.Chapter 286 WAC AMENAGRt.RPT KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: May 7, 2013 SUBJECT: McDonald's at 256th Street Bill of Sale - Accept MOTION: Accept the Bill of Sale for the McDonald's at 256th Street project, permit 2071812, for 3 gate valves, 1 hydrant, and 110 linear feet of waterline, 223 linear feet of new street, 217 linear feet of frontage improvements, 1 storm sewer catch basin, and 31 linear feet of storm sewer line. SUMMARY: The McDonald's at 256th Street project is located at 10125 SE 256th Street; parcel #2922059267. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None. MAIL TO. 4 CITY OF KENT ENGINEERING DEPARTMENT ATTN: 220 — 4TH AVENUE SOUTH KENT WASHINGTON KENT, WASHINGTON 98032 Project: F/ 3'F rGl 1 , !k� � � Permit #: C 9 /�d GO Location: 10125 SE 256TH ST KENT, WA 98030-6405 McDonald's L/C: 046-0036 ( Parcel #: 292205-9267 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this day of 2012 by and between McDonald's Real Estate Company, a Delaware corporation hereinafter called "Grantor", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantor for a valuable consideration does hereby grant, bargain, sell to Grantee the Fire Hydrant ("Fire Hydrant Improvement") and other improvements (the Fire Hydrant Improvement and the other improvements are collectively referred to as, "Improvements") listed below as further described and depicted on the Exhibit A attached and incorporated herein by this reference: A. WATERMAINS: Together with a total of 3 gate valves at $1,200.00 each, 1 hydrant at $3,500.00 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including 85 & 25 linear feet at $80.40 per LF of 8" and 6" (size &type) Ductile Iron Waterline. B. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) SE 256In Street Bill of Sale 1of5 Document 4:589341-v9 Including 223 linear feet at $80.17 per LF of Curb, Gutter, 10' Sidewalk, Driveway and ADA Ramps. (size & type) (improvement). C. FRONTAGEIMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) Including 217 linear feet at $126.72 per LF of Lawn, Street Trees and 5 Pedestrian Scale Street Lamps (size & type) (improvement). O. STORM SEWERS: Together with a total of 0 manholes at $0.00 each or total of 1 catch basins at $2.000.00 each, 0 _ LF of biofiltration swale or drainage ditch with a total cost of $ 0 0 cubic feet of detention pond storage with a total cost of $ 0 and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) SE 2561h Street Including 31 linear feet at 32,a per LF of 8" (size & type) Ductile Iron sewerline. 31 Linear Feet of 8"Ductile Iron Pipe New Catch Basin To have and to hold the same to the said Grantee, its successors and assigns forever. All Improvements are located on the Right of Way adjacent to Grantor's property except for the Fire Hydrant Improvement, which is located on the Grantor's property. The parties agree to execute a separate access easement agreement for Grantee to use, operate, maintain, repair and replace the Fire Hydrant Improvement. The undersigned hereby covenants that it is the lawful owner of said Improvements; 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). Notwithstanding the foregoing, all Warranties of quality, fitness and merchantability are hereby excluded. The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said Improvements in its system and to maintain them as provided in the applicable City Ordinances. The City accepts the Improvements subject to staff approval and completion of a 2-year maintenance period of the Improvements by the Grantor for the repair or replacement of the Improvements. Grantee agrees to grant Grantor a right of way permit to make any necessary repairs or replacements to the Improvements on the Right of Way. Bill of Sale 2of5 Documcnt 9: 589341-v9 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of December, 2012. By: McDonald's Real Estate Company, a Delaware corporation By: 1f h a ID J---11 Its: jar i' r Ca uri s-ei Cam- N�b6 CW 6-rAP Ur, IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of December, 2012. Bill of Sale 3of5 Document#:589341-v9 STATE OF ILLINOIS ) ) SS COUNTY OF ®U PAGE ) On this — day of DLtT2 2012, before me, the undersigned A Notary Public in and for the State of Illinois, duly commissioned and sworn, personally appeared kl` to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that-I+e she signed and sealed this instrument asttt5/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day oft)It MW'� 2012. a pptary Public in and for the State of III[Inois, residing at FNOTARY ICIAL SEAL OW e ct46 1 L-. -- �l 06-- G- �t�f/ CIA HENSLER LIC-STATE OFILLINOIS My Commission Expires: SION EXPIRES:0726116 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this _ day of 2012, before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me to be the and respectively of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 2012. Bill of Sale 4of5 Document 4:589341-v9 .40 ZF, KENT WASHINGT CAN ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for project dated for the same said project. the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of ZD. e- the firm responsible for the preparation of the record drawings. ld Signature '� A s1 a�r� (Engineer stamp required) KENT Agenda Item: Consent Calendar - 73 TO: City Council DATE: May 7, 2013 SUBJECT: Contract for Real Estate Negotiation Services with Universal Field Services for SR 516 to S. 2315t Way Levee/Lakes Levee Project - Authorize MOTION: Authorize the Mayor to sign the Universal Field Services Inc. contract agreement for Real Estate negotiation services on State Route 516 to S. 231st Way Levee Project in an amount not to exceed $28,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The levee design along the SR 516 to S. 231st Way Levee adjacent to the Lakes Community requires additional property in order to construct needed repairs. This area is along the Condominium Associations of Bridgewater III, Bridgewater IV, River Place and Regatta at the Lakes. The acquisition will not purchase any condo- minium units, but will impact some common area property as the secondary levee improvements will be constructed closer to the Lakes Community. The levee adjacent to Marina Pointe and River Place will not need additional right of way, but will need an easement for levee maintenance inspection. The easement will be located on the Lakes property. The consultant services agreement with Universal Field Services Inc. will provide negotiation services to secure properties and necessary easements to construct the certified levees along the Lakes Community. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: There will be no unbudgeted fiscal impacts, as this contract was anticipated when the 2013 budget was developed. uuuuuuuuuuVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVYV . Is,, , ;,,� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIY� „�i ��', � r�rrrrrrrrrrr/�/rrr rrrrr / ue ah 1 rr„ City of Kent �f Proposal to Provide Right of Way Acquisition Negotiation Services; '1�11111 h Upper Russell Road (SR516 to So. 2316t Way) Levee Project %/ f ,mUOPMINNfiaVmMNMi11NiI�INIVWYI)/Ib'N91ID)lriJmNfO �����������/ March 11, 2013 Revised April 3, 2013 uxvxv��xsAx.. FIELD SERVICES, IItl C. 9 Mitch Le el, SRMA S, 111 Main Street,#105 LEADING THE WAY IN RIGHT OF WAY. Edmonds,WA. 98020 425-673-5559 www.ufsrw.com miuu�vw. n.,. UrCIVEARSJUL Right of Way Acquisition Negotiation Services Upper Russell Road(SR516 to So.231sf Way) Levee Project City of Kent Northwest Division—Washington 111 Main Street,Suitel05 Edmonds,WA. 98020 Office: 425-673-5559 Toll Free: 1-866-673-5559 Fax: 425-673-5579 April 3, 2013 Ingrid Willms-Dixon, Project Analyst City of Kent- Public Works Engineering 400 West Gowe City of Kent, WA. 98032-5895 Subject: Request for Proposals/ Upper Russell Road (SRS16 to So. 231"Way) Levee Project Right of Way Acquisition Negotiation Services Ms. Willms-Dixon, As requested, Universal Field Services is pleased to submit our revised proposed scope of work and cost estimate to the City of Kent to provide Right of Way Acquisition Negotiation services for the Upper Russell Road (SRS16 to So. 231" Way) Levee Project. We are a local professional right of way consulting firm serving the Puget Sound and Northwest Region for over 40 years. Universal provides a full range of right of way acquisition and relocation assistance services for the Washington State Department of Transportation, many local public agencies (cities, counties, etc.), housing authorities, school districts, airports, transit (Sound Transit), and various utility districts. As an added value and benefit, the City will have immediate access to the most experienced and professional right of way staff in the region. Our Team will be useful to the City by relating as a fellow team member eager to help create successful projects. The City will also have the resources of a nationally recognized firm to further support your needs. These attributes plus the exceptional people and systems in place are unified to maximize the City's opportunities and reduce its costs. This submittal is based on the City's request for proposals which specifically calls for: A) Scope of Work; B) Cost Estimate; and, C) Time Schedule. We have assumed the City has pre-determined Universal's team of right of professionals to be fully qualified to provide the required services. As such, we are not including statement of qualification materials and have focused on providing the requested information. Qualifications material will be provided upon request. We look forward to hearing from you and the opportunity to demonstrate our capabilities and to establish a rewarding relationship between the City and Universal. Should you have any questions regarding any aspect of the services we provide, please contact me at (425) 673-5559, or by e-mail at mlegel@ufsrw.com. Our team of experienced and skilled right of way specialists is ready to move your projects forward. Sincerely, Mitch Legel, SR/WA NW Regional Manager "Leading the Way in Right of Way" 1 of 5 miuu�vw. n.,. UrCIVEARSJUL Right of Way Acquisition Negotiation Services Upper Russell Road(SR516 to So.2313f Way) Levee Project City of Kent A) Scope of Work Background —There are no federal funds in the project. The Upper Russell Road (SR516 to So. 231" Way) Levee Project (Project) is part of the City of Kent's Green River Levee Improvement Program. This Project will include a secondary levee segment along the easterly side of the Green River, adjacent to the Lakes Community, to help meet 500 year flood standards. The Federal Emergency Management Agency (FEMA) has de-certified levees along the Green River which has resulted in property owners paying costly flood insurance. FEMA will not accredit the levees until sufficient data is provided indicating they are proven and deemed safe by FEMA standards. The project is intended to help prevent flooding throughout the Kent Valley and help mitigate the increased cost of insurance incurred by property owners. According to the City's RFP, this Project will not interfere with existing buildings and will allow for some re-vegetation and habitat restoration work. Based upon information provided by the City of Kent (City), this project is made of two components known as Reach 1 and Reach 2. Reach 1 is adjacent two (2) condominium communities, and Reach 2 is adjacent three (3) condominium communities. See Table A below for the Reach, Condominium Name, Number of Units, and the real property rights required from the common areas of each condominium community. If additional parcels or real property rights are determined other than shown in Table A, an amendment to this scope of work and related fee estimate will be required. The City has stated the following: The real property rights to be acquired have been appraised Acquisitions impact common areas only- no physical disruption to dwelling units. Consultant will not be required to negotiate with individual unit owners or provide title clearing services. Negotiations will be limited to Home Owners Association (HOA) representatives from the five (5) separate condominium communities. Limited Liability Reports and acquisition document preparations will be provided by the City. This scope of work and associated fee estimate is based on the following: 1) Review of material provided by the City including Preliminary Schematic Exhibits & RFP (see above). 2) Brief discussion with City staff. 3) Review of limited public on-line property information. 4) Assumptions made throughout this document. Task Element 1 —Title/ Ownership/ Reviews. The City will provide Universal with Limited Liability Reports including condominium declarations and bylaws, HOA covenants, conditions and restrictions (CC&R's), etc. Upon receipt of each report, Universal will complete the following: a) Perform reviews of Limited Liability Reports, declarations, by-laws, and other available ownership information. b) Assess the level of effort needed to complete negotiations and notify City. c) Review special exceptions described in each Limited Liability Report to assist the City in determining which exceptions could remain on title at closing. "Leading the Way in Right of Way" 2 of 5 miuu�vw. n.,. UrCIVEARSJUL Right of Way Acquisition Negotiation Services Upper Russell Road(SR516 to So.2313f Way) Levee Project City of Kent Task Element 2 — Preparation / Administration / Plan Reviews. Universal will coordinate with the City to obtain Right of Way plans, project exhibits, completed acquisition documents and other information as necessary to negotiate with HOA representatives of the five (5) individual Home Owners Associations (HOA). The City will prepare all acquisition documents to complete each transaction. a) Further evaluate in more detail the acquisition impacts to each property. b) Review City's Right of Way Acquisition Policies & Procedures approved by WSDOT. c) Discuss, strategize and document overall process with Right of Way Acquisition team. d) Attend one (1) kickoff meeting with the City. e) Attend up to 15 meetings with the HOA representatives (3 meetings with each of the five (5) HOA's). f) Attend up to six (6) progress meetings with the City. g) Prepare up to eight (8) monthly progress reports. Task Element 3 — Public Outreach / Early Property Owner Meetings. Prior to making offers, Universal will coordinate and schedule early meetings (one each) with HOA representatives of each of the five (5) separate Condominium Communities. These meetings are intended to inform and strategize the acquisition process with each community including plan creation of the acquisition process, further discovery of individual HOA forum requirements, project schedule, etc. Task Element 4-Appraisal &Appraisal Review. The City will provide all work and deliverables in this task. City will provide Universal with written approvals to make offer amounts of just compensation to designated representatives of each HOA, together with copies of all Appraisal and Appraisal Review reports. Task Element 5 - Acquisition Negotiation. Upon written notice from the City and receipt of offer packages for each of the five (5) Condominium Communities, Universal will promptly present offers to purchase all the required real property interests and negotiate in good faith to reach settlements with each. Offers will be presented to designated HOA representatives in person when at all possible. According to City staff, once settlement agreements have been reached, Universal will submit signed documentation to the City for further processing including title clearing and payments to HOA's of each Condominium Community. Universal will complete the following: a) Negotiate with designated HOA representatives of each of the five (5) Condominium Communities to secure the required right-of-way for the project. b) Coordinate administrative settlement approvals with the City. c) Deliver negotiated settlements to the City for processing. As stated above, City to coordinate title clearing, escrow closing and payments to HOA's/ property owners. d) Prepare and maintain parcel files to include a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations. e) Negotiations shall not be deemed to have failed until at least three significant meaningful contacts have been made and documented with Presidents of each Condominium Community to secure the needed right-of-way through direct personal contacts. f) Out-of-area owner(s) will be contacted by telephone and by certified mail. g) If negotiations reach an impasse, Universal will provide the City with written notification. The filing and cost of condemnation proceedings shall be the responsibility of the City. "Leading the Way in Right of Way" 3 of 5 miuu�vw. n.,. UrCIVEARSJUL Right of Way Acquisition Negotiation Services Upper Russell Road(SR516 to So.2313f Way) Levee Project City of Kent Task Element 6 - Parcel Closeout/ Escrow Closing. According to the City, once settlement agreements have been reached, Universal will submit signed documentation to the City for further processing including title clearing and payments to HOA's of each Condominium Community. The City will provide oll work and deliverables in this task. Perm Easement Reach No. Tax Parcel Condominium Community Partial Fee for Access, Simple Maintenance & Utilities 1 1 1085670000 Bridgewater III X X 1 2 1085680000 Bridgewater IV X X 1 3 7212220000 Regatta at the Lakes X X 2 4 7338100000 Riverplace at the Lakes N/A X 2 5 5148970000 Marina Pointe at the Lakes N/A X City of Kent will be responsible for and provide the following: 1. Provide title reports, title report updates and supplements to Universal. 2. Coordinate and complete title and escrow services upon Universal reaching settlement with each property owner. 3. Right of Way Plans and Drawings, Maps, Exhibits, Right of Way Staking, etc., as necessary. 4. Legal descriptions for all real property rights to be acquired in electronic format. S. Form approval, in electronic format, of all acquisition conveyance documents prior to use (i.e. offer letters, deeds, easements, escrow instructions, etc.). 6. Complete and provide copies of all Appraisal and Appraisal Reviews to Universal. 7. Written approval to Universal of all amounts of just compensation estimated by the City's Appraiser and Review Appraiser prior to offers made to each Condominium Community. 8. Payment of any and all compensation payments to property owners, recording fees, escrow, legal services and any incidental costs which may arise necessary to complete each transaction. 9. If available, provide any pertinent correspondence, contact and diary information with property owners to date as well as ongoing contacts throughout the project. 10. Proper notification to property owners according to Substitute House Bill 1458. A legislative act relating to adequate notice to property owners regarding acquisition of property for public purposes through the exercise of eminent domain. "Leading the Way in Right of Way" 4 of 5 miuu�vw. n.,. UrCIVEARSJUL Right of Way Acquisition Negotiation Services Upper Russell Road(SR516 to So.2313f Way) Levee Project City of Kent B)Cost Estimate ME 01 Reach No. Tax Parcel Condominium Community Cost 1 1 1085670000 Bridgewater III $5,600 1 2 1085680000 Bridgewater IV $5,600 1 3 7212220000 Regatta at the Lakes $5,600 2 4 7338100000 Riverplace at the Lakes $5,600 2 5 5148970000 1 Marina Pointe at the Lakes $5,600 Note: 1. Costs include project management, preparation, administration, progress reporting, coordination and meetings with the City and HOA representatives, acquisition negotiations, mileage and other reimbursable expenses (printing, parking, postage, etc.). C)Time Schedule Upon selection by the City, Universal will initiate Tasks 1, 2, and 3 as described in the scope of work above while the City is in the process of completing Task 4. Upon Notice to Proceed with making offers, Universal will commence Task 5 — Acquisition Negotiations. We anticipate a period of 4 to 7 months to complete Task S. Acquisition period may be less if owners are in favor of the levee improvement project. "Leading the Way in Right of Way" 5 of 5 KENT Agenda Item: Consent Calendar - 7K TO: City Council DATE: May 7, 2013 SUBJECT: Central Avenue Stormwater Force Main Phase II - Accept as Complete MOTION: Accept the Central Avenue Stormwater Force Main Phase II Project as complete and release retainage to Goodfellow Brothers, Inc. upon receipt of standard releases from the state and the release of any liens. The original contract amount was $824,128.38. The final contract amount was $738,490.54. SUMMARY: Phase II of the Central Avenue Forcemain project is now complete. The project will help alleviate localized flooding that occurs along James Street at Mill Creek. The project included installation of approximately 3,100 feet of storm sewer system piping. This piping, when connected to the upcoming James Street Pump Station project, will convey high water to the Horseshoe Bend pump station and then to the Green River. The final amount came in $85,634.84 under the contracted estimate. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This project is funded out of the City's storm drainage utility. w," Agenda Item: Other Business - 8A TO: City Council DATE: May 7, 2013 SUBJECT: 256th Street Improvements MOTION: None SUMMARY: Public Works Staff presentation EXHIBITS: RECOMMENDED BY: BUDGET IMPACTS: Z KENT HA r Agenda Item: Bids — 9A TO: City Council DATE: May 7, 2013 SUBJECT: 2013 Vehicle Detector Loops — Award and Authorize MOTION: Move to award the 2013 Vehicle Detector Loops contract to Totem Electric of Tacoma in the amount of $125,532.50 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 Bid opening for this project was held on April 30, 2013, with three bids received. The lowest responsive bid was submitted by Totem Electric of Tacoma, in the amount of $125,532.50. The Engineer's estimate was $127,710.00. The Public Works Director recommends awarding this contract to Totem Electric of Tacoma. The project consists of re-installing 73 traffic loops that are currently inoperable at various locations scattered throughout the City. Loop reconstruction is necessary to provide more efficient traffic signal operations. EXHIBITS: Public Works memo dated 4/30/2013 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: The project will be funded from the Business and Occupation tax. Replacement costs for loops are not budgeted year-to-year because failure is not predictable. PUBLIC WORKS DEPARTMENT Timothy ]. 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 30, 2013 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 2013 Vehicle Detector Loops Bid opening for this project was held on April 30, 2013 with three bids received. The low bid was submitted by Totem Electric of Tacoma in the amount of $125,532.50. The Engineer's estimate was $127,710.00. The Public Works Director recommends awarding this contract to Totem Electric of Tacoma. Bid Summary 01. Totem Electric of Tacoma $125,532.50 02. Transportation Systems, Inc. $127,150.00 03. Pioneer Contractors, Inc. $133,991.30 Engineer's Estimate $127,710.00 Z KENT HA r Agenda Item: Bids — 9B TO: City Council DATE: May 7, 2013 SUBJECT: 2013 Asphalt Grinding Project — Award and Authorize MOTION: Move to award the 2013 Asphalt Grinding Project contract to Pyramid Grinding, LLC in the amount of $64,375 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Bid opening for this project was held on April 30, 2013, with three bids received. The lowest responsive bid was submitted by Pyramid Grinding, LLC, in the amount of $64,375. The Engineer's estimate was $100,625.00. The Public Works Director recommends awarding this contract to Pyramid Grinding, LLC. The project consists of grinding 10-foot wide sections of pavement at various locations in Kent. Public Works Operations crews then will pave these sections after grinding is complete. EXHIBITS: Public Works memo dated 4/30/2013 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: The 2013 Asphalt Grinding project will be paid out of the Business and Occupation Tax. PUBLIC WORKS DEPARTMENT Timothy ]. 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 30, 2013 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 2013 Asphalt Grinding Project Bid opening for this project was held on April 30, 2013 with three bids received. The low bid was submitted by Pyramid Grinding, LLC in the amount of $64,375.00. The Engineer's estimate was $100,625.00. The Public Works Director recommends awarding this contract to Pyramid Grinding, LLC. Bid Summary 01. Pyramid Grinding, LLC $64,375.00 02. Puget Paving & Construction, Inc. $65,000.00 03. Statewide Parking Lot Service, Inc. $68,000.00 Engineer's Estimate $100,625.00 REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other KENT WASHINGTON OPERATIONS COMMITTEE MINUTES March 19, 2013 Committee Members Present: Les Thomas, Chair, Dennis Higgins and Elizabeth Albertson The meeting was called to order by L. Thomas at 4:00 p.m. 1. APPROVAL OF MINUTES DATED MARCH 5, 2013. D. Higgins moved to approve the Operations Committee minutes dated March 5, 2013. L. Thomas seconded the motion, which passed 2-0. 2. APPROVAL OF CHECK SUMMARY REPORTS DATED 2/16/2013 THROUGH 2/28/2013. D. Higgins moved to recommend that the City Council approve the Check Summary Reports dated February 16, 2013 through February 28, 2013. L. Thomas seconded the motion, which passed 2-0. 3. GAMBLING TAX FOR HOUSE BANKED CARD ROOMS. B. Nachlinger and J. Hodgson presented the request from The Great American Casino to reduce their gambling tax from 11% to 4% with a sunset of December 31, 2016. J. Hodgson clarified that this reduction would for this organization only. D. Higgins mentioned that this is a request for relief in their current situation. E. Albertson joined the meeting at 4:06 p.m. L. Thomas mentioned that lowering the rate from 11% to 4% is a long stretch. E. Albertson agreed and added that the City has the authority to raise the tax to 20% but the City chose not to. The tax rate was kept at 11% so that the Great American could continue their operations. She said she does not feel comfortable lowering the tax to 4% right now. She said that she is comfortable with 10% which is the same rate as neighboring cities. D. Higgins added that he is uncomfortable going to 4 % as well. But if the Casino goes out of business, there will no tax coming in to the city. He requested that the amount should be at 7% with a sunset clause. D. Higgins moved to reduce the amount of gambling tax from 11% to 7% of the gross amount of revenue from Housed Banked Social Card games, with a sunset of December 31, 2016. L. Thomas seconded and E. Albertson objected. So the motion passed 2-1. 4. ISSUANCE OF THE CONSOLIDATED LID #363 BONDS- AUTHORIZE. B. Nachlinger presented the Ordinance to issue series of Bonds for LIDS #359, 362 and 363. In total these LIDS have a balance of 10.5 million dollars. LID 359 and LID 362 were financed internally with funds available in the Street Fund. This has nothing to do with LID 364. This is a consolidated issuance of 3 LIDs. Operations Committee Minutes March 19, 2013 Page: 2 E. Albertson moved to recommend Council approve the ordinance authorizing the issuance of the Consolidated #363 LID Bonds and authorizing the Mayor to execute all documents necessary for the issuance, subject to the final terms and conditions acceptable to the City Attorney and the Finance Director. The meeting was adjourned at 4:41 p.m. by L. Thomas. Satwinder Kaur Operations Committee Secretary Special Parks and Human Services Committee Meeting March 28, 2013 KENT Council Committee Members: Chair Debbie Ranniger, Dana Ralph Chair Debbie Ranniger called the meeting to order at 5:03 p.m. and announced that Elizabeth Albertson will be absent, but has given her concurrence on all action items. Item 1: Minutes of February 21, 2013 - Approve Motion: Committee member Ralph moved to approve the minutes of February 21, 2013. Chair Ranniger seconded. The motion passed 2-0 with concurrence from Committee member Albertson. Item No. 2: Human Services Master Plan / Buildinci a Healthy Community - Approve Senior Planner Merina Hanson explained that the Master Plan for 2013 - 2018 is an overhaul of the previous Master Plan in effect from 2007 - 2012. This master plan is a working document. Human Services staff reviews it every two years as they go through the application cycle. Since the original plan was developed in 2007, the city has experienced significant changes, such as increased diversity, increased number of families in poverty and economic recession. The main changes since the 2007 plan partly evolve around the impacts of the recession, as well diversity. Diversity has an over arching theme throughout the document and inherent in all the city's strategies in the master plan. There is a new funding priority - improving and integrating systems. It is also one of the outcomes of the recession. We talk about increasing capacity, but it's challenging to expect our agencies to increase capacity when funding is down and the need for services is up. It's really looking at being more innovative, even if that means sharing resources such as; Accounting, IT, janitorial staff, or space. One of the key agencies we've been working with in this area is the South King Council of Human Services and all the work Nathan Phillips has been doing in outreach programs with our grass roots organizations and our smaller refugee and immigrant populations. There has been a significant increase in poverty in our community and this is a function of Kent's affordable housing. Our refugee and immigrant population is high; not only because of our affordable housing, but because we have a lot of re- settlement agencies. Also, we are a second point of migration because many friends and family of immigrant families move here to be with them. Livable wage jobs continue to be a challenge in Kent. We hear a lot about STEM, which is the Science, Technology, Engineering, and Math focus in our schools. A recent Page 1 Seattle Times article stated that there are 20,000+ jobs unfilled in the Puget Sound area because our students aren't graduating with core skills. This is an area we need to focus on for our children. Staff is watching to see what is happening with the Affordable Health Care Act and how it will affect our residents and our non-profit agencies. They are also watching King County's shift to the rapid re-housing model for homeless families and their focus on the coordinated of in-takes for families experiencing homelessness. Staff will keep an eye on what comes next in that arena. Chair Ranniger referenced the STEM program and how our high school students are not graduating with the foundation of the science, technology engineering and math. She asked if there is a role for the cities to play with afterschool tutoring, mentoring and support programs specifically related to this issue. She feels much of our focus is on sports programs and maybe we need to shift a bit to help back-up what the Kent School District is doing. Merina said there will be an increase in opportunities with the $40M "Race to the Top" grant that KSD plans to share with us. This is one of the key focuses of that grant funding. Director Watling explained that we evaluate our after school programs and how we can best leverage the position that these programs have as far as being vehicle for mentoring and education. We continue to look at our relationships with the Kent School District and with the Community Center for Education Results (CCER). At a recent CCER Meeting, we discussed educational measures and how to best utilize our camps. In particular, how our summer playground programs can align with King County Library and their summer reading program to prevent the summer slide. Science and math will have the same opportunities. Chair Ranniger said that this plan responds to the changed environment we now live in. Committee member Ralph appreciates the thoroughness of the plan and the theme of partnering with the community, businesses, and the school district. As service providers, we need to unite and provide these services. Motion: Committee member Ralph moved to recommend approving the proposed Human Services Master Plan/Building a Healthy Community for 2013 - 2018. Chair Ranniger seconded. The motion passed 2-0 with concurrence from Committee member Albertson. Item No. 3: Land O' Frost Donation Agreement Accept/Authorize Superintendent Lori Hogan announced that Land 0' Frost Youth Sports Program provides funds to local communities to help offset some of the costs associated with organizing and operating their youth sports programs for children up to 10 years old. They have sponsored sports teams in Kent for over 10 years. Land 0' Frost Youth Sports began in 2002 and, since that time, has grown to include more than 300 leagues, 12,500 teams, and 125,000 players. Land 0' Frost Youth Sports has sponsored over one million players, in addition to supporting families with discount coupons. The $18,000 from Land 0' Frost will fund sponsorships for youth programs for the 2013 season. Page 2 Director Watling voiced his sincere appreciation to Land 0' Frost for their partnership. He commended the athletic staff and how the team sponsorship program is a great way to align and offset our net operating costs for sports programs. Kyle Nearhood was highlighted for his work in managing the sponsorship program for all our youth sports teams. Superintendent Hogan added that there are about 600 sponsors that support our programs each year. Motion: Committee member Ralph moved to recommend accepting the $18,000 donation from Land O' Frost for the 2013 season of youth sports programs and authorizing the Mayor to sign the donation agreement, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. Chair Ranniger seconded. The motion passed 2-0 with concurrence from Committee member Albertson. Item No. 4: Washington State Slo-Pitch Umpires Association Agreement - Authorize Superintendent Hogan reported that participating teams in the City of Kent Adult Softball Program annually select their preferred umpires association to provide umpire coverage for league play. Each year, up to 180 teams will play in league games covered by the Washington State Slo-pitch Umpires Association Agreement. As a result, the 2013 contract will likely exceed $25,000.00. Participant fees cover all costs for this program. There are over 1,500 games played per year. Superintendent Hogan confirmed that the games are played at Russell Road as the primary site, with some games played at Kent Memorial Park and handful at Wilson. Motion: Committee member Ralph moved to recommend authorizing the Mayor to sign the Washington State Slo-pitch Softball Umpires Association Agreement for the 2013 season. Chair Ranniger seconded. The motion passed 2-0 with concurrence from Committee member Albertson. Item No. 5: Park System/Asset Analysis Follow-Up - INFO ONLY Director Watling explained that this report is a follow-up to the 2012 Park Asset Analysis conducted with the citizen's advisory group, as well as recent discussions at the Council retreat. The goal of this report is twofold; to share some data and analysis on other cities, and to introduce the committee to an approach to analyzing the value and potential of each of our parks. Last year's Park Asset Analysis report addressed the built features in our parks, and this report analyzes the park properties themselves. Page 3 • The Parks department stewards 82 properties. • Fifty three (53) of these are parks. The other properties include: facilities like the Senior Center and Kent Commons and undeveloped properties like the Valley Floor property and the West Hill Park site, and open space which has no public access to the sites. There are 133 acres of undeveloped land. Our largest compellation is 440 acres. • In breaking down our park acreage, there are 271 acres of neighborhood parks. There are 133 acres of undeveloped park land. This is land that is banked and not developed at this time. The largest portion is 774 acres of open space. These properties vary in size and location. They are sensitive areas with limited public use. The "Other' category includes the golf course and facilities. Note that within the open space acreage is the Green River Natural Resource Area. This has a storm water purpose and is managed by Public Works. Developed park land (271 acres) 111111111 Undeveloped park land (133 acres) ni Open space (774 acres) NO u Other (incl. golf course,. �a facilities, etc.) (181 acres) These figures include parks, golf courses, recreational facilities, undeveloped properties and open space. Total Acres Per Square Mile* 100 94 90 so 70 60 51 55 s0 40 40 28 34 30 24... 20 10 Federal Auburn Everett KENT Kirkland Renton Bellevue Way Page 4 Acres of Developed Park Land per 1000 Residents 6 S 4 3 2 1 0 KENT Kirkland Renton Auburn Federal Everett Bellevue Way Our parks and undeveloped properties have varying degrees of current or potential recreational value. The developed park land that shows in comparison with other cities we are not oversized. In looking at the 1300 plus acres of park land we are right in the middle in comparison to local cities. Asking what the right size system for Kent depends on community needs, how it speaks to the strategic plan, livability goals, and what can we afford. Our intent and goal is making sure we take care of what we've got. It's not about volume, it's about quality. Just knowing the number of parks isn't enough. There are two key questions to ask of each park in the system: 1. What is its current recreational value (or, how well does it function?). 2. What is its potential recreational value? It's not about volume, it is about quality. There are parks that have very high current functionality and high recreation value such as Lake Meridian. And there are properties that have low current functionality and low potential recreational value such as the Old Fire Station Park - an old residential lot. Our parks and undeveloped properties all fall into one of 3 categories of current functionality and future recreational potential: High functioning/high potential Low functioning/high potential Low functioning/low potential Page 5 Outline: Hiah Functioning/ Low Potential - this category doesn't exist, as it's not possible for a park to function at a high level and have low recreational potential. High Functioning/ High Potential This category includes the city's highest-quality recreational assets. Protecting the current function of these parks was deemed by the Citizen's Advisory Committee to be the most cost-efficient strategy for maximizing recreational access. Examples: Lake Meridian, West Fenwick, Wilson Playfields, Russell Road, Morrill Meadows, Van Doren's Park, Kent Meridian Park, Tudor Square Park. Low Functioning/ High Potential This category includes sites that, for a variety of reasons, function well below their recreational potential. Reinvesting in these parks, particularly the ones in areas of the city currently underserved by parks, was deemed by the Citizens' Advisory Committee to be the other top priority. Examples: Earthworks, Springwood, Lake Fenwick. Low Functioning/ Low Potential The city owns some properties that offer little current or potential value to the park system. Properties in this category will require further analysis to determine their most appropriate future purpose. Examples: Eagle Scout Park, Gowe Street Mini Park and Pine Tree property. Jeff referenced the citizen's advisory board work through the parks with high potential with the highest return on investment. Chair Ranniger felt that the Kent Pool would fit in the category of High Functioning/Low Potential because as each year passes, the function and the potential decline. Director Watling agreed and felt that the city buildings can go through the same exercise. There is a life cycle of each asset and, as it nears the end of its life cycle, it needs a new infusion. There is natural progression to lose function as facilities age. Committee member Ralph referenced Turnkey Park and how the KaBoom renovation will infuse the park in both directions - potential and function. Director Watling stated that capital reinvestment is a core driver for parks in these capacities. He confirmed that this is not a comprehensive list, but an introduction to this comprehension and an opportunity to create a collective awareness of how we need capital reinvestment to maximize our park system. Chair Ranniger said that this outline appears to be focusing assessment of green parks and not recreational facilities, such as Kent Commons, the Pool and the Senior Center. Director Watling said they could be but were intended as examples and that the 1300 in acreage does include community centers. Chair Ranniger stated that the outline did Page 6 not include facilities. Manager Gibson agreed and responded that city facilities would need to go through a different evaluation process. This evaluation is not well suited for standalone facilities, but they both need to be assessed. Next Steps • Share the detailed data about our current park system in order to ensure informed decisions. • Staff will continue to fix what we can with current funding. • Continue our aggressive evaluation of our aging park assets. • Engage with residents and park users in the completion of this park assessment. • Pursue a Parks Commission. Committee member Ralph felt it was a good start. It's a good evaluation and helpful to see the different uses of park properties and types, She felt it was very realistic to see the true acreage when deducting green river acreage and the comparisons with other cities. shows the true acreage which shows we can't go any lower. Item No. 6: Director's Report Ka Boom Grant Project Update Director Watling shared that East Hill Elementary hosted the Ka Boom Design Day/Community Meeting on March and there was great participation and enthusiasm from the East Hill PTA, the East Hill CNC and Kent Youth and Family Services. The renovation project at Turnkey Park will take place on June 7. 2013 Track Season 2013 track program is underway, starting this week at Wilson Playfields. Director Watling will send the Committee the 2013 schedule. He encouraged them to attend to see some great community interaction with 1,000+ participants and spectators. Kent Valley Loop Trail The Kent Valley Loop Trail project connects two of our open space assets: the Green River and interurban Trails. RFQ closed at 5 p.m. today with 12 proposals submitted. Parks Planning and Development Manager Gibson put together a panel of staff and citizens to review the proposals and decide what the interview process looks like. Staff will be back to the committee with the results. This project really speaks to your strategic goals connecting public places, and livability of the community. Naming Request Many citizens, Council members and staff are very interested in naming a facility after former Mayor Issabelle Hogan. Suggestions have been made for the senior Center. There is a six month process to work through. Staff would like to initiate that process. Chair Ranniger will mention this request at the next Council Meeting under Committee Reports. Spotlight Series - Alpin Hong Evening Magazine aired a story about Alpin Hong last week. Alpin Hong is a classical pianist; Julliard trained who has played at the White House and Carnegie Hall. He uses his skills in skateboarding, snowboarding, martial arts, and video games to connect Page 7 with youth. Last week, Alpin conducted five very popular music outreach programs throughout the Kent School District. The personal side of this story begins after the Friday session. A junior from Kent Meridian High School asked if he could play for Mr. Hong. The young man told Alpin he had attended one of his outreach classes as a seventh grader and feeling bored during spring break, decided to start playing the piano. It turns out that the young man had become an incredible pianist with natural talent and no professional lessons. Alpin was so impressed by the young man's skills that he was invited to play at the concert with him on Friday night. They practiced together for a couple hours, came up with a composition of gamer music that wowed the crowd to a standing ovation. Alpin has committed to working with the young man long distance, as well as supporting the music program at Kent Meridian. Committee member Ralph spoke of attending Alpin's concerts and the huge impact Alpin has had on her family. She was moved to tears when she heard of this story prior to the concert. Committee member Ralph thanked Manager Billerbeck and staff for bringing this caliber of talent to Kent. Ranniger spoke of the very strong correlation between music and math. She feels the idea of leveraging the Spotlight Series with youth, music and performing arts confirms there is a lot the city can do through the arts and cultural programs. Chair Ranniger adjourned the meeting at 6:03 p.m. Respectfully submitted, Te, , Pet,. Ie Council Committee Secretary Page 8 PUBLIC WORKS COMMITTEE Minutes of Monday, April 1, 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 18, 2013: Committee member Higgins MOVED to approve the minutes of March 18, 2013. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 2 — Information Only/Clean Water Proiect — Movie Theater Public Service Announcement: Todd Hunsdorfer, Environmental Engineer presented a quick video of the public announcement that will be airing at the AMC Theater in Kent. Hunsdorfer noted that showing the video clip at the theater is a cost effective way to get the message out to a lot of people with an estimated 50,000 viewers. Education is a key piece of the National Pollutant Discharge Elimination System (NPDES) permit. The goal of is to reduce or eliminate behaviors and practices that cause or contribute to stormwater pollution. Hunsdorfer noted that if improperly managed, pet waste can cause: Low oxygen levels Increased bacteria, viruses, and parasites that can threaten human health Promotion of weed and algae growth It is estimated that dogs in the city of Kent produce nearly 15 cubic yards of pet waste every day. This would fill a single garbage truck to capacity. The cost for this video clip is 100% grant funded. Information Only/No Motion Required Item 3 — Contract/HD Fowler — Purchase of Material for to Upgrade Water Mains & Domestic Water Services within the Park Orchard Neighborhood: Kevin Swinford, Interim Water Superintendent noted The City Water Division annually schedules the replacement of deteriorated sections of our water mains. These projects are small in nature and are part of our annual work plan. Committee member Ralph MOVED to recommend Council 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 services 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. The motion was SECONDED by committee member Higgins and passed 3-0. PUBLIC WORKS COMMITTEE Minutes of Monday, April 1, 2013 Item 4 — Washington State Transportation Improvement Board Agreement — South 2241h Street Improvements: Mark Howlett, Design Engineering Manager stated that Noted that in November the city applied for and was awarded a 5 million grant for phase 1 of the s 224th project this phase will complete the bridge crossing over SR 167. We plan to start at the end of 2014. The local match for this project will be funded in part by Local Improvement District 363. Committee member Higgins MOVED to recommend Council the Mayor to signs agreements with the Washington State Transportation Improvement Board for Phase 1 of the South 2241h Street Improvement Project 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/Revise No Parking Zone Ordinance: Ben Wolters, Economic and Community Development Director and Josh Hall, Economic Development Specialist, and Marissa Busby from Carlisle spoke about the parking in the area. The item was brought to committee as an information only item today, with anticipation of bringing it back to the committee with an ordinance amending a the parking code entitled "No parking zones," to remove parking prohibitions on S 188thand S 190th Streets, west of 80th Avenue S. Hall explained in detail what the parking situation currently is at Carlisle. The request for this ordinance change came from Carlisle Interconnect Technologies, a designer and manufacturer of high-performance wire and cable including fiber optic cable for the aerospace and medical device sectors. 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. Without additional parking, they will not be able to reach their expansion goals. Marissa, noted that Carlisle has taken measures to offset their need for additional parking, such as installing 16 carpool only parking spaces, providing company paid Orca cards and they have contracted with a neighboring business, to lease parking spaces. By removing the No Parking Zone additional parking will allow them to grow. Wolters noted that this action supports the City's economic development goals to diversify our economy, reduce reliance on wholesale distribution and promote job creation. Information Only/No Motion Required PUBLIC WORKS COMMITTEE Minutes of Monday, April 1, 2013 Item 6 — Contract/Review Appraiser & Negotiator — Briscoe Desimone Levee• Mark Howlett, Design Engineering Manager stated that in order to accomplish the work required for the Briscoe Desimone flood wall, authorized by the King County Council last month it will be necessary to retain professionals for right-of-way or easement acquisitions. The failing levee is owned by the city of Kent and/or King County, there are areas however where easements or ROW may be acquired which will make construction access or revised slopes easier to design and build. Howlett noted that it isn't readily possible to closely estimate the cost for these services; however we expect it to be in a range of $20,000 to $40,000. Because some of the work may be within the corporate limits of Tukwila a separate interlocal agreement (ILA) with Tukwila will be required. 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. Committee member Higgins moved to recommend Council 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. The motion was SECONDED by council member Ralph and passed 3-0. Item 7 — Advocacy Letter Supporting the Puget Sound Gateway Proiect of the Washington State Department of Transportation: Tim LaPorte, Public Works Director deferred to Councilmember Ralph who attended a meeting of the Highline Forum members, where a presentation was put on by WSDOT. Ralph noted that it was suggested at the meeting that the SR 509 Extension Project combine with the SR 167 Extension Project in Pierce County to form a combined "Puget Sound Gateway Project". Consultants and staff for both projects are heavily engaged in promoting this project in Olympia. There are only three weeks left of this session in order to get this done. Ralph noted that a later phase of the SR 509/I-5 project will add a new southern entrance to SeaTac Airport, providing a more convenient airport access for all south end businesses and residents including for Kent residents via the direct connection from the S 228th Corridor to the new SR 509 Extension. PUBLIC WORKS COMMITTEE Minutes of Monday, April 1, 2013 Committee members did not make a motion at the committee meeting. It was decided the letter would be brought to Council Workshop for approval. Item 8 — Information Only/B & O — Overlay Proiect Selection and 2013 Transportation Proiects: Dave Brock, Utilities Engineer, Bill Thomas, Street Superintendent and Bob Nachlinger, Finance Director. Brock went through in detail where the city will utilize the funds this year. Nachlinger and LaPorte answered questions as to what money will actually be seen. We have just completed one quarter as of March 31. Brock presented the list of projects showing the usage of the Business & Occupation revenue available in 2013. Higgins asked that this item keep coming back to this list throughout the year to see what work has been done. Information Only/No Motion Required Item 9 - Information Only/SE 2561h Street Transportation Improvement Board Report: Tim LaPorte, Public Works Director noted that he, Chad Bieren and Mark Howlett went to the Transportation Improvement Board (TIB) meeting in Vancouver Washington where they gave Board members a briefing on the status of LID 364 and the SE 256th Street project. LaPorte noted that right of way acquisition is complete, permitting is complete, design is complete and funding relies on the TIB's providing its $2 million in grant funding. The project had been on the TIB delayed project list. The purpose of Kent staff attendance was to move the project to active status and keep TIB funding. Laporte spoke with Steve Gorchester, Executive Director of the TIB on Friday, and was informed that the $2 million grant funds had been restored to active status. It was noted that project funding will rely on LID 364 or other city funds to be determined, if LID 364 fails. Lastly, in order to keep TIB funding the construction contract must be executed by July 1, 2013. Councilmembers thanked staff for their efforts. Information Only/No Motion Required The meeting was adjourned at 5:43 p.m. Cheryl Viseth Council Committee Recorder EXECUTIVE SESSION Labor Negotiations ACTION AFTER EXECUTIVE SESSION