Loading...
HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 08/06/2007Public Works Committee Agenda Councilmembers: Ron Harmon#Tim Clark#Debbie Raplee, Chair Unless otherwise noted, the Public Works Committee meets at 5:00 p.m. on the 1st & 3rd Mondays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Public Works Administration (253) 856-5500. Any person requiring a disability accommodation should contact the City Clerk’s Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. u:\pwcommittee\agendas\2007agenda\07 06 Aug .doc August 06, 2007 5:00 p.m. Item Description Action Speaker Time Page 01. Approval of Minutes Dated July 16, 2007 YES None 03 01 02. SE 256th Street Improvement Project YES Mark Howlett 05 05 03. Vehicle and Equipment Surplus YES Ron Green 05 12 04. Amendment No. 2 to Transit Service Agreement (Route 918) with King County Metro Transit YES Cathy Mooney 10 15 05. Lower Green River Property Acquisition YES Mike Mactutis 05 21 06. King County Agreement for Services YES Mike Mactutis 05 25 07. Acceptance of Funds/Kent Events Center Floodplain Mitigation YES Mike Mactutis 05 31 08. Update/School Safety Zone Program Grant NO Larry Blanchard 10 -- Item A. Committee Follow-up Items Item B. Public Comment Follow-up Items Item C. Access Modifications due to construction PUBLIC WORKS COMMITTEE MINUTES July 16, 2007 Page 1 of 3 U:\PWCommittee\Minutes\PWMinutes 07 16 07.doc COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee absent. Committee Member Deborah Ranniger sat in on Raplee’s behalf. Council Members Ron Harmon and Tim Clark were present. The meeting was called to order at 5:00 p.m. ITEM 1- Approval of Minutes Dated June 18, 2007: Committee Member Ranniger moved to approve the minutes of June 18, 2007. The motion was seconded by Harmon and passed 3-0. ITEM 2 - Approval of Minutes Dated July 02, 2007: Committee Member Ranniger moved to approve the minutes of July 02, 2007. The motion was seconded by Harmon and passed 3-0. ITEM 3 – East Hill Water Reservoir: Chad Bieren, Engineering Supervisor stated the Public Works Department was awarded a Public Works Trust Fund Pre-Construction Loan on May 15, 2007 by the Washington State Public Works Board. The loan is for $1-million and would be applied to project design and permits for a new water reservoir to be located at the Kent East Hill Operations Center site. He went over the loan terms and stated that the low interest rate on these loans saves the City considerable expense versus bonding costs and interest. Questions were raised by the Committee, about the location of the reservoir Chad Bieren addressed those questions by noting that a separate Conditional Use Permit process would be required before the reservoir could be constructed. Harmon moved to recommend the Mayor be authorized to execute the Public Works Trust Fund Pre-Construction Loan Agreement for the East Hill Water Reservoir in the amount of $1,000,000, establish a budget for the funds and direct staff to sped the money accordingly. The motion was seconded by Ranniger and passed 3-0. ITEM 4 – 116th Avenue SE – Testing & Inspection Services: Tim LaPorte, Deputy Public Works Director, briefly explained the 116th Avenue SE-Materials Testing & Inspection Services requires professional services to test the materials installed as part of the construction of this project to insure that the work meets the design and specifications outlined in the contract and that materials, labor, and equipment are that for which the City agreed. Public Works Engineering currently does not have staff to do this work. Ranniger moved to recommend authorization for the Mayor to sign the Jason Engineering & Consulting Businesses, Inc., Contract Agreement for the 116th Avenue SE – Materials Testing & Inspections Services for an amount not to exceed $167,075, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 5 – 2007 Asphalt Overlays – Testing & Inspection Services: Tim LaPorte, Deputy Public Works Director, briefly explained the 2007 Asphalt Overlays -Materials Testing & Inspection Services requires professional services to test the materials installed as part of the construction of this project to insure that the work meets the design and specifications outlined in the contract and that materials, labor, and equipment are that for which the City agreed. Public Works Engineering currently does not have staff to do this work. Page 1 of 31 PUBLIC WORKS COMMITTEE MINUTES July 16, 2007 Page 2 of 3 U:\PWCommittee\Minutes\PWMinutes 07 16 07.doc Harmon moved to recommend authorization for the Mayor to sign the Jason Engineering & Consulting Businesses, Inc., Contract Agreement for the 2007 Asphalt Overlays – Materials Testing & Inspections Services for an amount not to exceed $40,705, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Ranniger and passed 3-0. ITEM 6 – Kent Events Center Floodplain Mitigation – Geotechnical Service: Tim LaPorte, Deputy Public Works Director, briefly explained the Kent Event Center Floodplain Mitigation -Geotechnical Services requires professional services to inspect the project to insure that the work meets the design and specifications outlined in the contract and that materials, labor, and equipment are that for which the City agreed. Due to the number of Capital Projects occurring simultaneously, this is work over and above the City’s own staff capability to provide adequate inspection. Questions were raised by the Committee, Tim LaPorte addressed those questions. Ranniger moved to recommend authorization for the Mayor to sign the GeoEngineers, Inc., Contract Agreement for the Kent Events Center Floodplain Mitigation project for an amount not to exceed $28,737, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 7 – Congressional/Legislative Support Contract – Tim Thompson, Thompson Smitch Consulting: Mike Mactutis, Environmental Engineering Manager said that the City has been one of the leaders in brining items to construction. Mactutis went on to explain that in October 2000, the U.S. Army Corps of Engineers (USACE), in partnership with 17 local jurisdictions, non-profit organizations and the Muckleshoot Tribe, completed the Feasibility Report for the Duwamish/Green Ecosystem Restoration Project (ERP). The focus of the ERP is the design and construction of 45 habitat restoration projects throughout the Green/Duwamish watershed. This contract will support the City of Kent’s effort, on behalf of Watershed Resource Inventory Area 9 (WRIA 9) Forum, to secure the FY08 Energy and Water Appropriation request. Harmon moved to recommend authorization for the Mayor to sign the contract, upon concurrence of the language therein by the City Attorney and Public Works Director, with Thompson Smitch Consulting Group for $70,000 to provide the City of Kent assistance to secure the FY08 Energy and Water Appropriation request. The motion was seconded by Ranniger and passed 3-0. ITEM 8 – 106th Avenue SE Sewer Main Extension & Latecomers Agreement: Tim LaPorte, Deputy Public Works Director explained that the developers cost of constructing 652 feet of 10” sewer main was $171,579. This extension can ultimately serve approximately 88 neighboring parcels. The Department is requesting that a latecomer agreement be established, requiring affected parcels to pay a pro-rata cost of the sanitary sew rain line extension when tapping, connecting or benefiting from the extension. Questions were raised by the Committee, Tim LaPorte addressed those questions. Page 2 of 31 PUBLIC WORKS COMMITTEE MINUTES July 16, 2007 Page 3 of 3 U:\PWCommittee\Minutes\PWMinutes 07 16 07.doc Ranniger moved to recommend council accept the Latecomer Agreement and its referenced exhibits for the 106th Ave. SE sewer main extension between the City and the developers of the Silver Creek, Wildwood Ridge 1 & 2, and Henderson Short Plats, upon approval of final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ADDED ITEM ITEM 9 - Solid Waste Handling Service – Ordinance Amending KCC 7.03.050 Tom Guilfoil, Assistant City/Prosecuting Attorney stated that the City Council recently substantially amended chapter 7.03 of the Kent City Code relating to garbage collection services in the city of Kent by its adoption of Ordinance No. 3832 on March 20, 2007. Staff recommends an additional revision to KCC 7.03.050 to clarify the duty required of property owners, landlords, and tenants to prevent spillage and overflow of garbage on their properties. This code revision will provide the City’s code enforcement officers with the tool necessary to effectively address code violations relating to garbage overflow. Questions were raised by the Committee, Mike Mactutis and Tom Guilfoil addressed those questions. Harmon moved to recommend council adopt the proposed ordinance which requires residential and commercial properties prevent garbage and other waste from overflowing on their properties. The motion was seconded by Ranniger and passed 3-0. Item A. Committee Follow-up Items School Zone Improvements – Grant program through the Police Department. Materials have been ordered and are scheduled to arrive on August 17. We will do everything we can to install the signs before school starts. Item B. Public Comment Follow-up Items Item C. Access Modifications Due to Construction Adjourned: The meeting was adjourned at 5:38 p.m. Next Scheduled Meeting: Monday, August 6, 2007 at 5:00 p.m. Cheryl Viseth, Public Works Committee Secretary Page 3 of 31 This page intentionally left blank. Page 4 of 31 Page 5 of 31 Page 6 of 31 Page 7 of 31 Page 8 of 31 Page 9 of 31 Page 10 of 31 This page intentionally left blank. Page 11 of 31 Page 1 of 2 U:\PWCommittee\ActionPage\2007\PWC080607.doc PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: 7/31/2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 6, 2007 From: Ron Green, Fleet Manager Don Millett, Operations Manager Through: Larry Blanchard, Public Works Director Subject: Vehicle and Equipment Surplus ITEM 3 Background/History: VEHICLE/EQUIPMENT LIST: 3825-‘04 Ford mileage 59881 Totaled in auto accident 3882B-‘06 Ford mileage 5874 Totaled in auto accident 3891-’03 Ford mileage 82311 Vehicle meets City criteria for surplus and maintenance costs are increasing 5333-‘00 J Deere Hours 1419 Meets City surplus criteria 5344-‘91 Flink (snow plow) Plow meets City surplus criteria is outdated and extremely heavy Motion: „ Required … Not Required … For Information Only Recommend to authorize staff to appropriately dispose of the equipment as described in this memorandum and listed below. Will document be required? … Ordinance … Resolution … Agreement … Contract … Policy … SOP’s … Other Governing Policies Procedures Rules & Regulations: Page 12 of 31 Page 2 of 2 U:\PWCommittee\ActionPage\2007\PWC080607.doc VEHICLE/EQUIPMENT LIST CONTINUED: 5367-‘00 J Deere Hours 932 Meets City surplus criteria 5797-‘02 J Deere Hours 882 Meets City surplus criteria but will be retained for Golf Dept 6301-‘02 Xmark Hours 559 Meets City surplus criteria and maintenance costs are high 6505-‘90 Chevrolet mileage 40873 Meets City surplus criteria and engine has a blown head gasket plus has excessive oil leaks 6538-‘96 Toro Hours 1294 Meets City surplus criteria but will be retained for Golf Dept 6567-‘97 J Deere Hours 2533 Meets City surplus criteria 7631-‘99 GMC mileage 72406 Meets City surplus criteria 8737-‘90 Ford mileage 81045 Meets City surplus criteria and is excessively underpowered for current operations 8757-‘91 Dodge mileage 56847 Meets City surplus criteria and maintenance costs are increasing 8760-‘88 Chevrolet mileage 59426 Meets City surplus criteria and is no longer a usable vehicle for our customers 9957-’85 Chevrolet Police Suburban Was a seized vehicle in 1995 and used for Police Dept SRT usage. Vehicle age and costs are prohibitive and not justified due to lack of vehicle usage and age. Old Fire Trailer Old and unusable scrap trailer. Alamo Rotary Head Mower Mod # MR60 S/n 02035 Head was purchased per our customer but head did not meet needs of the customer. Currently this Head does not fit any of our existing machines. We are helping them to surplus this unit. Summary: The listed vehicles/equipment complies with current replacement policy guidelines and has been replaced. The equipment will be sold at auction or smaller cities and agencies as needed. Recommendations: Recommend that the City Council authorize staff to appropriately dispose of the vehicles and equipment as described in this memorandum and listed above. Page 13 of 31 This page intentionally left blank. Page 14 of 31 Page 1 of 2 U:\PWCommittee\2007\ActionPage\PWC080607.doc PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 31, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 6, 2007 From: Cathy Mooney, Senior Transportation Planner Through: Larry Blanchard, Public Works Director Subject: Amendment No. 2 to Transit Service Agreement (Route 918) with King County Metro Transit ITEM 4 Background/History: Better known as the Kent Commuter Shuttle, this route was started in February 2003, after unsuccessful efforts to convince King County Metro to provide such service. We finally were awarded a Federal ITS Grant with the help of Senator Patty Murray to get this off the ground with the inauguration of the Sounder Commuter Rail Service. At the same time, King County Councilmember Julia Patterson was instrumental in convincing Metro to use a Federal CMAQ grant for funding for the first two years of this demonstration program. Our ITS grant took over in year three and is the funding source at this time. The Kent Commuter Shuttle meets each Sounder commuter train in the morning and afternoon. Commuters depart from the train or from express buses at the Kent Transit Center, get on the Commuter Shuttle, and ride to their workplace in the valley. In the afternoon, the shuttle picks up commuters at or near their worksites and returns them to the Kent Transit Center to transfer to their bus or train for the ride home. There are currently four trips in the morning and again in the afternoon but this is expected to change to six in September 2007. Sound Transit expects to add an earlier northbound train to its existing schedule and will finally add the long anticipated southbound train from Seattle to Tacoma in the morning; returning to Seattle in the afternoon. Motion: „ Required … Not Required … For Information Only Recommend Council authorize the Mayor to sign Amendment No. 2 to Transit Service Agreement (Route 918) between the City of Kent and King County, upon concurrence of the language therein by the City Attorney and Public Works Director. Will document be required? … Ordinance … Resolution „ Agreement … Contract … Policy … SOP’s … Other Governing Policies Procedures Rules & Regulations: Page 15 of 31 Page 2 of 2 U:\PWCommittee\2007\ActionPage\PWC080607.doc These two new trains add 254 transit service hours to this Agreement for a total of 1,515 estimated transit service hours. The driver contract renewal does not coincide with the Sound Transit train addition so the conversion is not straightforward. Nor do we know the exact timing of new trains being added to the Sound Transit schedule. The cost for February 2008 to February 2009 is estimated to be approximately $87,158. This cost will be fully funded by the Federal ITS Intracity Transit Grant. Summary: This Amendment extends the current Agreement for another year, from February 2008 until February 2009. It also specifies the operating costs for which the City will compensate the County during this period. Recommendations: Recommend Council authorize the Mayor to sign Amendment No. 2 to Transit Service Agreement (Route 918) between the City of Kent and King County, upon concurrence of the language therein by the City Attorney and Public Works Director. Page 16 of 31 Amendment No. 2 1 TRANSIT SERVICE AGREEMENT (ROUTE 918 ) AMENDMENT NO. 2 This Amendment to the Transit Service Agreement for Route 918 (“Amendment”) is executed as of _______________, 2007 by and between the City of Kent (hereinafter referred to as the ”City”) and King County, (hereinafter referred to as the “County”). Background A. Effective November 15, 2005, the City and the County entered into a Transit Service Agreement for the Kent Shuttle - Route 918 (“Agreement”) for the provision of DART service on Route 918 in Kent. B. Effective January 2007, the City and the County executed Amendment No. 1 extending the Agreement to February 8, 2008, revising the level of service and updating the hourly rate. B. The City and County desire to enter into this Amendment to reflect changes in the Agreement. Agreements The City and the County hereby agree that the Transit Service Agreement cited above is amended as hereinafter set forth: 1. SECTION 6 - TERM The term of this Agreement is extended to February 6, 2009. 2. SECTION 7.1 - CONSIDERATION Replace Section 7.1 with the following: In return for providing the Route 918 DART service specified in Attachment A, the City will compensate the County for the operating costs based on the following hourly rate. 3. SECTION 7.2 - CONSIDERATION Replace Section 7.2 with the following: The Route 918 will operate the following service hours unless otherwise revised by agreement of both parties. Hourly Rate – DART Vehicles Feb 06 – May 06 $51.30 June 06 – Feb 07 $53.35 March 07 – May 07 $54.36 June 07 – Feb 08 $55.71 March 08 – Feb 09 $57.53 Page 17 of 31 Amendment No. 2 2 SERVICE HOURS - February 13, 2006 – September 22, 2006 Daily Hours 4.6 SERVICE HOURS - September 23, 2006 – February 9, 2007 Daily Hours 4.97 Feb 06 – Feb 07 Est. Annual Hours 1,190 SERVICE HOURS - February 10, 2007 – September 21, 2007 Daily Hours 4.97 SERVICE HOURS - September 22, 2007 – February 6, 2009 Daily Hours 5.97 4. NO MODIFICATIONS. Except as expressly amended by this Amendment, the Agreement remains in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 to the Transit Service Agreement for Route 918 as of the date set forth below its signature. CITY OF KENT KING COUNTY _____ Signature Signature Title Title Date Date Approved as to form: _________________________ Signature _________________________ Name _________________________ Title Page 18 of 31 K E N T - R O U T E 9 1 8 KentStation Flow Int Micron KentRegionalJusticeCenter SPI REI KentBoeingGateS1 KENTBOEING CenterPoint K E N T Kent/JamesStreet P&R AMStart/EndPMEnd 68th Ave S S 212th St 64th Ave S Interurban Walk S 228th St 84th Ave S W James St W M e e ke r S t 4th Ave N 72nd Ave S 76th Ave S Central Ave N R u s s e ll R d 59 th Ave S S 226th St W Smith St S 222nd St 66 t h Av e S 54th Ave S 80th Ave S 6th Ave N E Ja me s St W G o w e S t E Titus St S 238th St Jason Ave N Railroad Ave N S 216th St W H arr iso n St S 234th St S 208 th St S 235th P l S 206th St 6 7 t h A ve S 86th Ave S E Wa r d S t S 216th St S 204th St 6 6 t h A v e S W S m i th S t August 2, 2007 L E G E N D Fixed Route 918 Route 918 DART Area Other Metro Transit RoutesSounder Commuter Rail The information included on this map has been compiled by King CountyStaff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of suchinformation. King County shall not be liable for any general, special, indirect,incidental, or consequential damages including, but not limited to, lostrevenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or informationon this map is prohibited except by written permission of King County. Map produced by King County Department of Transportation, TransitDivision, Service Development Section, Service PlanningGroup Flanagc: c: rt918kent.mxd 0 500 1,000 1,500 2,000 Feet Page 19 of 31 This page intentionally left blank. Page 20 of 31 Page 1 of 2 P:\Public\AdminSup\Beth\PWCommittee\ActionPage.doc PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 30 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 6, 2007 From: Michael Mactutis, P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Lower Green River Property Acquisition Item 5 Background/History: The City, through the Water Resource Inventory Area 9 Steering Committee and Forum, and in partnership with King County and the Green River Flood Control District, successfully applied for a Salmon Recovery Funding Board Grant for $975,000 in 2003. The City is to provide $180,000 match funding with King County and the Green River Flood Control District providing $25,000 each as well. This grant was dedicated to the purchase of the Rosso Nursery, which was actively for sale at the time. The City, after much time and effort, was ultimately unsuccessful in negotiating a price for the Rosso Nursery and afterward the Tuefel Nursery, which ended up purchasing the Rosso Nursery properties in Kent. Consequently, the City is in the process of gaining approval from the Salmon Recovery Funding Board to transfer the grant to other properties along the Lower Green River. The alternate properties are located south and east of the Old Fishing Hole along Frager Road and will provide a significant opportunity for a long reach of salmon habitat restoration projects. The properties could be used to provide areas for new floodplain habitat and back channels, which will provide refuge and summer rearing areas for all of the species of salmonids which live in the Lower Green. The Koch Property, also located along the Lower Green just upstream from the other properties, is currently in the process of being acquired by the City Parks Department through separate grants. Motion: „ Required … Not Required … For Information Only Move to recommend authorizing the purchase of the properties known as the Desimone Property, the Flowers Property, and the Koch Property in part with grant funds from the Salmon Recovery Funding Board for Lower Green River Acquisition as well as grant funds from the King County Conservation Futures Grant Program. Will document be required? … Ordinance … Resolution … Agreement … Contract … Policy … SOP’s … Other Governing Policies Procedures Rules & Regulations: Page 21 of 31 Page 2 of 2 P:\Public\AdminSup\Beth\PWCommittee\ActionPage.doc This grant would complete the funding needed to purchase that property. The riverbank area of this property would be dedicated to salmon habitat protection and restoration. The nature of this Salmon Recovery Funding Board Grant is such that these property acquisitions are not subject to imminent domain. Summary: The City, as the successful recipient of a Salmon Recovery Funding Board Grant for Lower Green River Acquisition, is in the process of transferring the grant funding from the Rosso Properties to the Desimone, Flowers, Lotto and Koch Properties with the intent to purchase those properties. Recommendations: Move to recommend authorizing the purchase of the properties known as the Desimone Property, the Flowers Property, the Lotto Property and the Koch Property with grant funds from the Salmon Recovery Funding Board for Lower Green River Acquisition as well as grant funds from the King County Conservation Futures Grant Program. Page 22 of 31 Page 23 of 31 This page intentionally left blank. Page 24 of 31 Page 1 of 2 U:\PWCommittee\completedCommPkt\2007MtgPkt\PWC08062007.doc PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 30 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 6, 2007 From: Michael Mactutis, P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: King County Agreement for Services Item 6 Background/History: The City, through the Water Resource Inventory Area 9 Steering Committee and Forum, and in partnership with King County and the Green River Flood Control District, successfully applied for a $975,000 Salmon Recovery Funding Board Grant in 2003. The City is to provide $180,000 match funding with King County and the Green River Flood Control District providing $25,000 each. This grant was dedicated to the purchase of the Rosso Nursery, which was actively for sale at the time. The City, after much time and effort, was ultimately unsuccessful in negotiating a price for the Rosso Nursery and afterward the Tuefel Nursery, which ended up purchasing the Rosso Nursery properties in Kent. Consequently, the City is in the process of gaining approval from the Salmon Recovery Funding Board to transfer the grant to other properties along the Lower Green River. The alternate properties are located south and east of the Old Fishing Hole along Frager Road and will provide a significant opportunity for a long reach of salmon habitat restoration projects. The properties could be used to provide areas for new floodplain habitat and back channels, which will provide refuge and summer rearing areas for all of the species of salmonids which live in the Lower Green. One of the properties known as the Lotto Property has already had discussions with King County staff regarding acquisition. The Lotto’s are very motivated sellers and have built a level of trust with the county. Motion: „ Required … Not Required … For Information Only Move to recommend authorizing the Mayor to sign the Agreement for Services with King County to assist the City in acquisition of properties in connection with the Lower Green River Acquisition Project upon concurrence of the language therein by the City Attorney and the Public Works Director. Will document be required? … Ordinance … Resolution „ Agreement … Contract … Policy … SOP’s … Other Governing Policies Procedures Rules & Regulations: Page 25 of 31 Page 2 of 2 U:\PWCommittee\completedCommPkt\2007MtgPkt\PWC08062007.doc In the interest of finalizing this transaction quickly and efficiently and taking advantage of the benefit of King County staff and property owners who have built trust in each other, this agreement will allow the City to contract with King County to engage in these sensitive property negotiations. Summary: The City is in the process of working with the Salmon Recovery Funding Board to transfer a grant from the purchase of the Rosso Properties to other properties, one of which is the Lotto Property. King County staff has built a level of trust with the Lotto’s in past discussions and would be able to aid the City in completing the property transaction. Recommendations: Move to recommend authorizing the Mayor to execute the Agreement for Services with King County to assist the City in acquisition of properties in connection with the Lower Green River Acquisition Project upon concurrence of the language therein by the City Attorney and the Public Works Director. Page 26 of 31 Page 27 of 31 AGREEMENT FOR SERVICES - 1 OF 2 AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into this _____________ day of _____________________ 2007, by and between the County of King, Washington, a political subdivision of the State of Washington, hereinafter referred to as “County,” and the City of Kent, a municipal corporation, hereinafter referred to as “City.” WITNESSETH: WHEREAS, the City is desirous of contracting with the County for the use of the County’s staff and services necessary to acquire certain real property; and WHEREAS, the County is agreeable to providing such services on the terms and conditions hereinafter set forth and in the mutual covenants and agreements herein contained; NOW, THEREFORE, it is covenanted and agreed as follows: I. 1. The County agrees, by and through its Open Space Section, to provide the services of appraisal, title and right-of-way personnel to assist the City in its acquisition of properties in connection with the Lower Green River Acquisition Project as directed by the City. Should the City discontinue the Project at any time, the City shall be responsible to the County for costs incurred to the date of discontinuance at the rates established herein. The County agrees to provide the services described herein, subject to available resources and consistent with the volume of County service activity upon receipt of written task assignments from the City. The County shall provide to the City an estimate of the time and cost of services provided. Services shall be commenced by the County upon the approval of said estimate by the City, except that services rendered prior to the date of this agreement do not require this estimate and approval process. 2. The City shall be responsible for making the final decisions to remove any contingencies that are in favor of the City, to approve the form of deed and any title exceptions, and to proceed to closing. II. The City shall not be called upon to assume any liability for the direct payment of any salaries, wages or other benefits to any County employee who is performing services for the City as provided in this agreement. III. Each party to this Agreement agrees to hold harmless and indemnify the other party and its officers, officials, and employees from any loss, claim, or liability to the extent such loss, claim or liability arises from the negligent or tortuous actions or inactions of its officers, officials, and employees carried out in relation to this Agreement. In any dispute concerning the performance of this Agreement, each party shall pay all of its own legal costs and attorneys’ fees. IV. The County agrees to cover all County employees encompassed by this agreement with self insurance under the Industrial Insurance Act. V. For services rendered, , including services rendered prior to the date of this agreement, the City agrees to pay the County, within 45 days of being billed by the County: 1. An amount equal to the normal hourly salary of the personnel involved for each hour involved in City work, plus Page 28 of 31 AGREEMENT FOR SERVICES - 2 OF 2 2. The actual additional costs incurred in the employment of that employee, which includes paid time off, employee benefits and office administrative expenses. 3. The actual total charges (salary and overhead), dependent upon staff members assigned to project, are as follows (2007 rates): Title Work $92.40 per hour Appraisal Services $85.73 per hour Project Management $94.52 per hour These rates reflect actual 2007 costs. Rates will be adjusted annually in January to reflect actual staff and operating expenses. 4. Actual costs for other services required to acquire the property. 5. Non-personnel project costs will be charged to the City as services are completed. King County personnel charges shall be billed on a quarterly basis. 6. The total cost paid by the City to County shall not exceed $15,000 for the work and services contemplated in this Agreement. VI. The County, while providing project management services to the City, shall also be responsible for reporting to the City, on a monthly basis, the progress made toward acquisition of each parcel identified by the City for acquisition. This Agreement will be effective the _______ day of ______________ 2007, and will continue until canceled by either party giving thirty (30) days’ written notice to the other party. The City of Kent shall file an original of this Agreement with the Auditor for King County. IN WITNESS WHEREOF, authorizing representatives of the parties hereto have signed their names in the spaces set forth below. CITY OF KENT KING COUNTY, WASHINGTON BY _______________________ BY _______________________ TITLE _______________________ TITLE _______________________ DATE _______________________ DATE _______________________ APPROVED AS TO FORM: APPROVED AS TO FORM: BY _______________________ BY _______________________ Assistant City Attorney Deputy Prosecuting Attorney DATE _______________________ DATE _______________________ Page 29 of 31 This page intentionally left blank. Page 30 of 31 u:\PWCommittee\ActionPage\2007\PWC080607.doc PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 31, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 6, 2007 From: Mike Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Acceptance of Funds/Kent Events Center Floodplain Mitigation Project ITEM 7 Background/History: The Waste Action Project, a citizen environmental group, has proposed to give the City funding to be used specifically for fish and wildlife habitat and water quality projects in the City of Kent. The City has a number of projects in various stages of planning and design which include these types of features, including the Kent Events Center Floodplain Mitigation Project. This project, located on the Boeing Creek along S. 212th St. and 68th Ave. S., includes excavation of floodplain storage along the channel. The project would not be required to include additional features; however, this funding would be able to provide some of those features through the installation of large woody debris structures along the channel. The woody structures would provide cover for any fish in the channel and provide some of the essential nutrients in the food chain for the Coho which live just downstream in Mill Creek. Summary: The Waste Action Project proposes to give to the City $15,000 in funds to be used to construct fish and wildlife habitat and water quality features on the Kent Events Center Floodplain Mitigation Project. The funds will need to be accepted by the City and a budget established to spend the funds. Recommendations: Authorize the Mayor to accept the $15,000 in funds and establish the budget for the Waste Action Project to be used for fish and wildlife habitat and water quality features in the Kent Events Center Floodplain Mitigation Project. Motion: „ Required … Not Required … For Information Only Authorize the Mayor to accept the $15,000 in funds and establish the budget for the Waste Action Project to be used for fish and wildlife habitat and water quality features in the Kent Events Center Floodplain Mitigation Project. Will document be required? … Ordinance … Resolution … Agreement … Contract … Policy … SOP’s … Other Governing Policies Procedures Rules & Regulations: Page 31 of 31