Loading...
HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 04/02/2012 Public Works Committee Agenda 40 Councilmembers:Dana Ralph-Dennis Higgins.Elizabeth Albertson, Chair • KENT April 2, 2012 1AII,i IGT 11 4:00 p.m. Item Description Action Speaker Time Pace 1. Approval of Minutes Dated March 19, 2012 YES None 03 03 2. Information Only/Regional Water Supply NO Randy Krueger 15 07 System (RWSS) Tacoma Filtration 60% Design - Update 3. Stormwater Utility Property/Terreno Valley YES Chad Bieren 05 09 Corporate, LLC formerly Alecta Real Estate - Lease 4. Design Agreement with US Army Corps of YES Toby Hallock 05 23 Engineers (USACE)- Boeing Levee Restoration Project 5. Consultant Services Agreement/FCS Group, YES Ken Langholz 05 45 Inc. - Sanitary Sewer Rate Study 6. Information Only/Volunteer - Adopt a Street NO Gina Hungerford/ 15 53 and Adopt a Catch Basin Programs Todd Hunsdorfer 7. Information Only/Water Festival NO Gina Hungerford 05 55 8. Information Only/Transportation Advisory NO Tim LaPorte 05 57 Committee - Update Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 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. z This page intentionally left blank. 3 PUBLIC WORKS COMMITTEE Minutes of Monday, March 19, 2012 COMMITTEE MEMBERS PRESENT: Committee Chair Elizabeth Albertson and committee members Dennis Higgins and Dana Ralph were present. The meeting was called to order at 4:03 p.m. Item 1— Approval of Meeting Minutes Dated March 05, 2012: Ralph MOVED to approve the minutes of March 05, 2012. The motion was SECONDED by Higgins and PASSED 3-0. Item 2—Department of Ecoloav/Municipal Stormwater Capacity — Grant Amendment: Environmental Engineer, Shawn Gilbertson noted that the Department of Ecology is offering the City of Kent an additional $50,000 grant. He further noted that this grant is an amendment to the $367,065 Stormwater Capacity Grant the city was awarded in 2010. The additional funds will be spent on technology and equipment. No personnel will be hired with these funds. Higgins MOVED to recommend Council authorize the Mayor to sign an amendment to the FY 2012 Municipal Stormwater Capacity Grant agreement with the Washington State Department of Ecology that will award an additional $50,000 to the city of Kent to be spent within the National Pollutant Discharge Elimination System (NPDES) Program upon concurrence by the City Attorney and Public Works Director. The motion was SECONDED by Ralph and PASSED 3-0. Item 3 — Ordinance Amending KCC 7.06 - Adopt: Public Works Director Tim LaPorte noted this is a housekeeping item brought to our attention from the Attorney's office regarding the combined sewer and storm surface water utility. The change is required due to a new state law and the increased population of the city. The amendments would bring the city code into compliance with state law. Ralph MOVED Move to recommend Council adopt the ordinance amending Section 7.06 of the Kent City Code, entitled, "Combined Sewer and Storm Surface Water Utility." The motion was SECONDED by Higgins and PASSED 3-0. Item 4 — Information Only/Sewer System - Update: Utilities Superintendent, Greg Reed presented an informative Power Point presentation on the city's nearly 200 miles of sanitary sewer system. Reed touched on the following items: Brightwater Sewer Treatment . Cleaning of Sanitary Sewer Plant . Repetitive Maintenance 2012 Cleaning &TV Inspections . Cleaning of Oil/Water Separators Page 1 of 4 4 PUBLIC WORKS COMMITTEE Minutes of Monday, March 19, 2012 • Manhole Lid Replacements • Smoke Testing • Inspections • Confined Space Entry • Fats, Oils & Grease Blockages • Cleaning Cistern at City Hall • Aging Brick Manholes • Tapping Sanitary Sewer Main • Manhole Channels • Developing Six-Year Capital • PVC Sewer Lines Improvement Plans • Root Infiltration Information Only/No Motion Required Item 5 — Information Only/PW Operations Bulk Fueling Facility - Update: Fleet Superintendent, Ron Green gave an informative Power Point presentation showing the conditions of the fueling facility located off of Russell Road at the Operations facility. Green explained that the master plan was to construct a new fueling facility with above ground tanks at the Kent East Hill Operations Center (KEHOC) in 2007/08 then decommission existing underground tanks and upgrade the Russell Road Operations facility with above ground tanks, overhead canopy, dispensers and an automated fuel management system. The fuel facility does not meet current design standards, and requirements to provide an overhead canopy covering the fuel islands to reduce and contain contaminants from storm water runoff have not been met. Existing dispensing equipment is obsolete and is well past its life cycle; maintenance is an issue due to the age of the equipment. Green's recommendation is to secure future capital funding for the removal and replacement of the current system. Committee asked that a cost analysis be prepared to determine the benefit of constructing our own fueling station. Information Only/No Motion Required Item 6 — Info Only/Residential Traffic Calming - Update: Transportation Engineering Specialist, Rob Knutsen gave a brief overview of the Residential Traffic Calming Program (RTCP) he noted a number of neighborhood groups and residents are working through the program. Knutsen also briefly touched on the following: • Addressed 66 citizen concerns regarding cut-through traffic - 18 of those concerns became new RTCP projects • The Residential Speed Watch Program is a popular tool for residents to consider. Page 2 of 4 5 PUBLIC WORKS COMMITTEE Minutes of Monday, March 19, 2012 - 300 letters were sent out to people that exceeded the posted speed limit by 6 miles and hour asking them to slow down. • Coordinated and attended two Traffic Calming meetings in the Panther Lake and Sunrise Elementary areas. Engineering and Enforcement staff work together to answer questions. For more information about the program contact Rob Knutsen at (253) 856- 5530 or at rknutsenCa)kentwa.gov . Information Only/No Motion Required Item 7 — Information Only/Traffic Signal System - Update: Transportation Engineering Manager, Steve Mullen presented an informative Power Point presentation he noted that the emphasis of his presentation is the Operation and Maintenance of the Transportation Management System, more commonly called the traffic signal system. Mullen touched on the following: • Our traffic signal system is managed by a central master controller which allows monitoring of signals to detect loss of communications or malfunctions of signals. Our system was purchased in 1993 and is one of two such systems still operating in the state. • We operate/maintain 119 traffic signals • Operate and maintain a number of miscellaneous electronic devices 36 School Speed Limit Flasher assemblies 6 Traffic monitoring cameras 1 In-pavement flashing lights crossing 8 Radar Speed signs 4 Overhead Crosswalk Signs 4 Overhead Turn Movements Ahead Flashers 6 Traffic monitoring cameras 2 River/Traffic monitoring cameras With the Panther Lake annexation his staff inherited 15 additional traffic signals 9 from King Count and 6 from Washington State Department of Transportation with two different systems that are not compatible to nor are they connected to the Kent system. Mullen thanked his skilled staff of four, for doing an outstanding job with limited resources and staff. No Motion Required/Information Only Page 3 of 4 6 PUBLIC WORKS COMMITTEE Minutes of Monday, March 19, 2012 Item 8 — Information Only/Transportation Committee - Update: Public Works Director Tim LaPorte stated that Public Works has contacted interested individuals to serve on the Transportation Committee. A tentative schedule has been developed, starting with Tuesday, March 20, at 4:00 p.m. Meetings will be held in the Centennial Building located at 400 West Gowe Street. Meetings will be held through May 1, 2012 with recommendations to Council delivered later in the month. He noted that the Committee is charged with exploring funding options for transportation projects. No Motion Required/Information Only The meeting was adjourned at 5:33 p.m. Cheryl Viseth Council Committee Recorder Page 4 of 4 7 ITEM # 2 INFORMATION ONLY Regional Water Supply System ( RWSS) Tacoma Filtration 60% Design - Update Randy Krueger 8 This page intentionally left blank. 9 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 21, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 2, 2012 From: Ingrid Willms Dixon, Project Analyst Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Stormwater Utility Property/Terreno Valley Corporate, LLC formerly Alecta Real Estate - Lease Item - 3 Motion: Move to recommend Council authorize the Mayor to sign an agreement with Terreno Valley Corporate, LLC, being successor in interest to Alecta Real Estate Kent Valley to lease stormwater utility property for a period of five years, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: This lease was previously approved by the Committee on January 23, 2012. The adjacent property changed hands before the lease was executed, and the new owner still wants to lease the City's property. All lease terms are the same, the only change is the name of the lessee. Valley Corporate Center (VCC) was developed in the 1980s and includes a number of large warehouse/manufacturing properties located along West Valley Highway (68th Avenue South). The city's stormwater utility owns property adjacent to the VCC that was formerly owned by King County Drainage District #1, but is not currently needed for stormwater conveyance. In 1988, the property was paved and leased by the City to VCC to be used as additional parking. VCC paid for the original construction on the City's behalf and signed a lease that ran through 2003. A follow-on lease ran through September 2011. There is no need for another use of this property at this time. The proposed lease is for a five year period, which would enable the City to repurpose the property in the future if needed. Budget Impact: As noted in the attached proposal, rent on the lease would be $4,815.23 for 2011/2012 and would increase at 3% per annum through September 2016 (five years total). Lease payments would be directed to the stormwater utility operations and maintenance budget. 10 This page intentionally left blank. 11 LEASE AGREEMENT BETWEEN THE CITY OF KENT AND TERRENO VALLEY CORPORATE, LLC FOR PARKING AND STORAGE AREA (At South 222"d Block and 68th Avenue South, Kent) THIS LEASE AGREEMENT (hereinafter "Lease") is between Terreno Valley Corporate, LLC, a Delaware limited liability company, with offices located at 16 Maiden Lane, San Francisco, CA, 94108 ("Terreno" and "Lessee"), and the City of Kent, a Washington municipal corporation of the State of Washington with offices located at 220 4th Avenue South, Kent, Washington 98032 ("City" and "Lessor"). RECITALS A. Lessor is the owner of certain real property generally located at the South 222nd block and 68th Avenue South, in the city of Kent, King County, Washington. B. Lessee has agreed to rent a portion of Lessor's property, which is legally described in Exhibit A, attached and incorporated by this reference (the "Premises"). C. Lessor is willing to lease the Premises to Lessee on the following terms and conditions. NOW, THEREFORE, Lessor and Lessee agree as follows: AGREEMENT 1. LEASE. Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor, the Premises, upon the terms and conditions set forth in this Lease Agreement. 2. TERM. 2.1 Term Defined. The term of this Lease shall be for five (5) years, commencing on October 1, 2011 ("Commencement Date"), and ending September 30, 2016 ("Termination Date"). Lease Agreement Between Terreno and the City of Kent Page 1 of 8 12 3.1. RENT. Lessee agrees to pay Lessor as Annual Rent, without notice or demand, inclusive of leasehold tax, at a rate established by the State of Washington, currently 12.84%, commencing on the Commencement Date. Subsequently, the Annual Rent shall be paid in advance, on or before the first day of October of each year of the five year term. Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Financial Services. Dates Rent 10/1/2011 — 9/30/2012 $4 815.23 10/1/2012 — 9/30/2013 $4 959.69 10/1/2013 — 9/30/2014 $5 108.48 10/1/2014 — 9/30/2015 $5 261.73 10/1/2015 — 9/30/2016 $5 419.58 Lessee shall pay City a late payment charge equal to five percent (5%) of the Annual Rent for any payment not paid within five (5) calendar days of when due. Any amounts not paid when due shall bear interest until paid at the rate of one percent (1%) per month. 4. PREMISES. 4.1 Premises Defined. The Lessor leases to Lessee and Lessee leases from Lessor the Property legally described in Exhibit A and depicted in Exhibit B attached hereto and incorporated by this reference. 4.2 As-Is. The City is providing the Premises in "as-is" condition for Lessee's use. The City makes no representation regarding the condition of the Premises or improvements located on the same. 5. USE. 5.1 Permitted Use. Lessee shall use the Premises solely for the purposes of vehicular parking area and a telephone equipment storage yard and other incidental uses, but for no other purposes, without prior written consent of Lessor. In the event Lessee's use of the Premises increases fire insurance rates on the Premises, Lessee agrees to pay for that increase. 5.2 Restrictions on Use. Lessee shall not cause or permit any damage to the Premises. Lessee shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statues, and other government rules and regulations regarding its use or occupancy of the Premises. Lessee shall keep the Premises free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Lease Agreement Between Terreno and the City of Kent Page 2 of 8 13 premises. If Lessee fails to comply with all or any of the restrictions on the use of the Premises set out in this subsection 5.2, the City shall notify Tenant per Section 18. 6. LESSOR'S OBLIGATION TO MAINTAIN PUBLIC TRAIL AND LESSEE'S OBLIGATION TO MAINTAIN THE PARKING AREA. Lessor shall maintain the public pedestrian trail, approximately twelve (12) feet in width, adjacent to and north of the Premises, extending from the West Valley Highway on the east, westerly to 64th Avenue South, on Lessor's property as shown on Exhibit B. Lessee shall maintain, to standards specified by Lessor, a public parking area north and east of the Premises, on Lessor's property adjacent to West Valley highway, for ten (10) automobiles, as depicted on Exhibit B. The parking area shall be maintained at Lessee's sole cost and expense. The pedestrian trail and parking area described in this paragraph are called, collectively, "the Public Improvement." Lessor further agrees to indemnify and hold Lessee harmless from any and all fees, costs, and expenses arising out of or connected with any injury to persons or damage to property associated or connected with any use of the Public Improvements or any adjacent property owned by Lessor, but only to the extent of Lessee's negligence. The parties understand and agree that the Public Improvements shall be open for the use and enjoyment of the public. 7. TAXES. Lessor shall pay all applicable taxes, including real property taxes and assessments, whether general or special, levied against the Premises. Should there presently be in effect or should there be enacted during the term of this Lease Agreement any law, statute or ordinance levying any tax (other than federal or state income taxes) upon rents. Lessee shall pay such tax or shall reimburse Lessor on demand for any such taxes paid by Lessor. S. UTILITIES AND FEES. Lessee shall pay all charges for electricity and any other utility services accruing at the Premises. Lessee shall directly pay these utility charges and all other license fees or other governmental charges levied on the operation of the Lessee's business on the Premises, or the business. 9. REPAIRS AND MAINTENANCE. Lessee has inspected and accepts the Premises in its present condition. At its sole cost, Lessee shall at all times: (1) keep the Premises neat, clean and in a good, orderly, and sanitary condition; (2) replace as necessary all landscaped areas; and (3) keep and use the Premises in accordance with applicable laws, ordinances, rules, regulations and requirements of governmental authorities. In addition to, and without limiting, the foregoing, Lessee shall: (1) permit no waste, damage or injury to the Premises; (2) keep any Lease Agreement Between Terreno and the City of Kent Page 3 of 8 14 and all drain pipes free and open; (3) protect any water, heating, gas and other pipes to prevent freezing or clogging; and (4) repair all leaks and damages caused by leaks. 10. IMPROVEMENTS TO PREMISES. Lessee and its subtenant(s) shall make no additions, improvements and alterations to the Premises without Lessor's prior written approval, which shall not be unreasonably withheld. Such improvements shall not interfere with the Public Improvements. This work shall be done at Lessee's sole cost and must comply with the terms and conditions of that certain Easement between the City of Kent and Puget Sound Power & Light Company, dated December 28, 1987, and recorded under King County Recording No. 8712311349. Upon the expiration or termination of this Lease, Lessee shall, at Lessor's option, remove all Lessee's improvements, together with its equipment, and shall restore the Premises to its original condition within ninety (90) days of the expiration or termination date, at Lessee's sole cost and expense. 11. CONDEMNATION. If a substantial portion of the Premises is taken by any public authority under the power of eminent domain, so as to render the remaining Premises economically untenantable, this Lease Agreement shall terminate as of the time of such taking at the option of either party. If a portion of the Premises is so taken, and neither party elects to terminate this Lease Agreement, or until termination is effective as the case may be, the rent shall be reduced in direct proportion to the leased property taken. Lessee shall have no claim to any portion of the compensation for the taking or damaging of the land or building. Lessee shall be entitled to negotiate compensation for its own moving costs and its leasehold improvements. 12. LIENS AND INSOLVENCY. Lessee shall keep the Premises free from any liens arising by reason of work, labor, services or materials performed or supplied to Lessee and shall hold Lessor harmless against the same. Should Lessee become insolvent, bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of Lessee, Lessor may cancel this Lease Agreement at its option. 13. ACCESS. Lessor shall have the right to enter the Premises at all reasonable times for the purpose of inspection. 14. DAMAGE OR DESTRUCTION. In the event the Premises are rendered untenantable in whole or in part by fire, the elements, or other casualty, Lessee may elect not to restore or rebuild the Premises and shall notify Lessor, in which event Lessee shall restore the Premises to its original condition and then vacate the Premises and, at that time, this Lease shall be terminated. In the Lease Agreement Between Terreno and the City of Kent Page 4 of 8 15 alternative, Lessee shall notify Lessor within fifteen (15) days after such casualty that Lessee will undertake to rebuild or restore the Premises. If Lessee is unable to restore or rebuild the Premises within thirty (30) days, then the Lease may be terminated at Lessee's option by written notice to Lessor. 15. INDEMNIFICATION. Lessee shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Lessee's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 16. INSURANCE. The Lessor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. 17. TERMINATION OF LEASE. If Lessee fails to perform any of the covenants and agreements in this Lease Agreement, and that failure continues for thirty (30) or more days after receiving written notice from Lessor specifying Lessee's failure(s), unless appropriate action has been taken by Lessee in good faith to cure such failure, Lessor may terminate this Lease Agreement and reenter the Premises. Lessee shall pay Lessor any deficiency arising from its default, including any rent owed, the cost of recovering the Premises and any repairs, maintenance, or utilities attributable to Lessee. 18. MISCELLANEOUS PROVISIONS. A. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Lease Agreement Between Terreno and the City of Kent Page 5 of 8 16 B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 15 of this Agreement. C. No Waiver of Covenants. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one of more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment and Sublease. Lessee may assign its interest in this Lease Agreement at any time or may sublease all or any portion of the Premises provided, however, assignee complies with paragraph 16 "INSURANCE" Assignment will not be valid without said compliance. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Lessee. G. Surrender of Premises. Lessee agrees, upon termination of this Lease Agreement, to surrender the Premises peacefully, to leave the Premises neat and clean, and to deliver all keys to the Premises to the Lessor. Lease Agreement Between Terreno and the City of Kent Page 6 of 8 17 H. Signs. Lessee may, at Lessee's sole expense, place external signs on the Premises provided such signs have been approved in advance by Lessor, and provided such signs do not violate any statute or regulations existing during the terms of this Lease Agreement. Lessee shall pay the costs of removal of such signs upon termination of the Lease. I. Binding Upon Heirs, Successors and Assigns. The covenants and agreements of this Lease Agreement shall be binding upon the subtenants, heirs, executors, administrators, successors, and assigns of both parties, except as limited elsewhere in this Lease Agreement. J. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. K. Compliance with Laws. The Lessee agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Lessee's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. L. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Lease Agreement Between Terreno and the City of Kent Page 7 of 8 18 IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. LESSEE: LESSOR: TERRENO VALLEY CORPORATE LLC CITY OF KENT By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: TERRENO VALLEY CORPORATE LLC CITY OF KENT: Andrew T. Burke Tim LaPorte Senior Vice President Public Works Director 16 Maiden Lane City of Kent San Francisco, CA 94108 220 Fourth Avenue South (415) 655-4589 Kent, WA 98032 (253) 856-5515 (telephone) 253 856-6500 facsimile APPROVED AS TO FORM: Kent Law Department P:\Civil\Fles\Open Files\0177-2012- Public Works General\Lease Teerreno.Docx Lease Agreement Between Terreno and the City of Kent Page 8 of 8 19 .DESCRIPTION COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 3I9 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER. OF THE SOUTHEAST QUARTER OF SECTION II , TOWNSHIP 22 NORTH, RANGE 4 EAST N.M. WIIil THE EAST QUARTER SECTION LINE OF SAID SECTION 11. THENCE NORTH 89"12' 17" WEST ALONG IHE SOUTH LINE OF SAID NORTH 319.00 FEET, 50.00 FEET TO THE WEST MARGIN OF HEST VALLEY HIGHWAY, AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89'12117" WEST 700.00 FEET; THENCE NORTH 0"53'41" EAST 75.00 FEET; THENCE SOUTH 89"I2'17" EAST 700.00 FEET TO THE WEST MARGIN OF WEST VALLEY HIGHWAY; THENCE ALONG SAID WEST MARGIN PARALLEL TO THE BAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11, SOUTH 0"53'41" WEST 75.00 FEET TO THE TRUE POINT OF BEGINNING. - 20 Hr,ti ' � 3 Zqa_ !�•—_fi�ti �{•— < � J , m wosr IIALtIry HWY 21 EXHIBIT C INSURANCE REQUIREMENTS FOR STANDARD LEASE Insurance The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the Court. A. Minimum Scope of Insurance Lessee shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Lessee shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance 1. The Lessee's insurance coverage shall be primary insurance as respect the City. Any Insurance or self-insurance coverage maintained by the City shall be excess of the Lessee's insurance and shall not contribute with it. 2. The Lessee's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. zz EXHIBIT C (Continued) D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Lessee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. F. Waiver of Subrogation Lessee and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. G. City's Property Insurance City shall purchase and maintain during the term of the lease, all-risk property insurance covering the Court. 23 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 21, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 2, 2012 From: Toby Hallock, Environmental Engineer I Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Design Agreement with US Army Corps of Engineers (USACE) - Boeing Levee Restoration Project Item - 4 Motion: Move to recommend Council authorize the Mayor to sign a Design Agreement with the US Army Corps of Engineers for the Boeing Levee Restoration Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: In October 2000, the US Army Corps of Engineers (Corps), in partnership with 17 local jurisdictions, non-profit organizations and the Muckleshoot Indian Tribe, completed the Feasibility Report for the Green/Duwamish Ecosystem Restoration Project (ERP). The focus of the ERP was the design and construction of various habitat restoration projects throughout the Green/Duwamish watershed. The Boeing Levee Restoration Project was one of the identified projects proposed within the ERP. The Boeing Levee is approximately one river mile in length and is located between S. 200th St. and S. 212th St. on the right bank of the Green River. This levee reach is set back from the river, allowing for plantings and other ecosystem improvements directly on the riverbank. Design for the Boeing Ecosystem Restoration Project will be completed in 2013. Construction of the project would be dependent on future grant funding. However, without the design completed, future construction funding through the federal government is not likely. The restoration project does not negatively affect the City's FEMA accreditation efforts. Budget Impact: To complete design of the project, a partnership between the City of Kent and the Corps must be entered through the signing of a Design Agreement (DA). The DA requires that the City contribute 25 percent of the total design cost of the project. The total estimated design cost is projected to be $600,000 of which the city's proportionate share is projected to be $150,000 and the Corps share is the remaining $450,000. In attempt to fund a portion of the project costs, the City of Kent will apply for various grants from a range of different agencies. If grants are not available, storm drainage funds will be used to complete the city's share of the design. 24 This page intentionally left blank. 25 DESIGN AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CITY OF KENT FOR DESIGN FOR THE DUWAMISH/BOEING LEVEE ECOSYSTEM RESTORATION PROJECT THIS AGREEMENT is entered into this day of by and between the Department of the Army(hereinafter the "Government"),represented by the U.S. Army Engineer, Seattle District and City of Kent(hereinafter the "Non-Federal Sponsor"), represented by the Mayor of City of Kent. WITNESSETH,THAT: WHEREAS, Federal Construction, General funds for Fiscal Year 2003, included funds for the Government to initiate design of the Duwamish/Green River Basin Project for ecosystem restoration (hereinafter the"Parent Project") at King County, Washington; WHEREAS,the Government and the Non-Federal Sponsor desire to enter into an agreement(hereinafter the "Agreement") for the provision of design for the Duwamish/ Boeing Levee ecosystem restoration project (an element of the Parent Project and hereinafter the "Project", as defined in Article I.A. of this Agreement); WHEREAS, construction or implementation of the Project is authorized by Section 101(b) (26) of the Water Resources Development Act of 2000, Public Law 106- 541 in accordance with the plans, and subject to the conditions, recommended in a final report of the Chief of Engineers if a favorable report of the Chief is completed not later than December 31, 2000; and a favorable final report of the Chief was completed on December 29, 2000; WHEREAS, Section 105(c) of the Water Resources Development Act of 1986, Public Law 99-662 (33 U.S.C. 2215),provides that the costs of design of a water resources project shall be shared in the same percentage as the purposes of such project; WHEREAS,the Goverment and the Non-Federal Sponsor agree that, during the period of design,the Nan-Federal Sponsor shall contribute 25 percent of total design costs and that, if a Project Partnership Agreement for construction of the Project is executed between the Government and a non-Federal interest, such non-Federal interest shall contribute any remaining portion of the non-Federal share of the costs of design in accordance with the provisions of such Project Partnership Agreement; 26 WHEREAS,the Government and Non-Federal Sponsor have the fill authority and capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and financing of the Project in accordance with the terms of this Agreement; grid WHEREAS,the Government and the Non-Federal Sponsor, in connection with this Agreement, desire to foster a partnering strategy and a working relationship between the Government and the Non-Federal Sponsor through a mutually developed formal strategy of commitment and communication embodied herein, which creates an environment where trust and teamwork prevent disputes, foster a cooperative bond between the Government and the Non-Federal Sponsor, and facilitate the successful design and implementation of the Project. NOW, THEREFORE,the Government and the Non-Federal Sponsor agree as follows; ARTICLE I- DEFINITIONS A. The term"Project" shall mean levee improvements including setting back the existing levee and habitat restoration along the right bank of the Green river from River Mile 17.1 to River Mile 18 as generally described in the final report of the Chief of Engineers dated December 29,2000, and in the"Green/Duwamish River Basin Ecosystem Restoration Study, Final Feasibility Report," dated October 2000 and approved by the District Engineer, U.S. Army Corps of Engineers, Seattle District, on October 30, 2000. B. The term"total design costs"shall mean the sum of all costs incurred by the Non-Federal Sponsor and the Government in accordance with the terms of this Agreement directly related to design of the Project. Subject to the provisions of this Agreement, the term shall include,but is not necessarily limited to: the Government's costs of engineering and design, economic and environmental analyses, and evaluation performed after a feasibility report whether performed prior to or after the effective date of this Agreement that were not previously shared with a non-Federal interest pursuant to any other agreement; the Government's supervision and administration costs;the Non-Federal Sponsor's and the Government's costs of participation in the Design Coordination Team in accordance with Article III of this Agreement;the Government's costs of contract dispute settlements or awards; and the Non-Federal Sponsor's and the Government's costs of audit in accordance with Article VII.B. and Article VII.C. of this Agreement. The term does not include any costs of betterments under Article ILE. of this Agreement; any costs of dispute resolution under Article V of this Agreement; any costs incurred as part of reconnaissance studies for the Project; any costs incurred as part of feasibility studies under any other agreement for the Project; the Non-Federal Sponsor's costs of negotiating this Agreement; or any costs of negotiating a project partnership agreement for the Project or separable element thereof. C. The term"period of design"shall mean the time from the effective date of this Agreement to the date that a Project Partnership Agreement for construction of the 2 27 Project, or a separable element thereof, is executed between the Government and a non- Federal interest or the date that this Agreement is terminated in accordance with Article X of this Agreement, whichever is earlier: D. The term`financial obligations for design"shall mean the financial obligations of the Government that result or would result in costs that are or would be included in total design costs. E. The term"non-Federal proportionale share"shall mean the ratio of the Non- Federal Sponsor's total contribution of funds required by Article II.B.1. of this Agreement to financial obligations for design, as projected by the Government. F. The term"betterment" shall mean a difference in the design of an element of the Project that results from the application of standards that the Government determines exceed those that the Government would otherwise apply to the design of that element. The term does not include any design for features not included in the Project as defined in paragraph A. of this Article. G. The term"Federal program fiends" shall mean funds provided by a Federal agency, other than the Department of the Army,plus any non-Federal contribution required as a matching share therefor. H. The term"fiscal year" shall mean one year beginning on October 1 and ending on September 30. ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States (hereinafter the "Congress") and using those funds and funds provided by the Non-Federal Sponsor, expeditiously shall design the Project, applying those procedures usually applied to Federal projects, in accordance with Federal laws,regulations, and policies. 1. The Government shall not issue the solicitation for the first contract for design of the Project or commence design of the Project using the Government's own forces until the Non-Federal Sponsor has confinned in writing its willingness to proceed with design of the Project. 2. To the extent possible, the Government shall design the Project in accordance with the Project Management Plan for the Project developed and updated as required by the Government after consultation with the Non-Federal Sponsor. 3. The Government shall afford the Non-Federal Sponsor the opportunity to review and comment on the solicitations for all contracts, including relevant scopes of work, 3 2s prior to the Government's issuance of such solicitations. To the extent possible,the Government shall afford the Non-Federal Sponsor the opportunity to review and comment on all proposed contract modifications, including change orders. In any instance where providing the Non-Federal Sponsor with notification of a contract modification is not possible prior to execution of the contract modification, the Government shall provide such notification in writing at the earliest date possible. To the extent possible,the Government also shall afford the Non-Federal Sponsor the opportunity to review and comment on all contract claims prior to resolution thereof. The Government shall consider in good faith the cornnents of the Non-Federal Sponsor,but the contents of solicitations, award of contracts or commencement of design using the Government's own forces,execution of contract modifications,resolution of contract claims, and performance of all work on the Project shall be exclusively within the control of the Government. 4. At the time the U.S.Amory Engineer, Seattle District(hereinafter the "District Engineer")furnishes the contractor with the Government's Written Notice of Acceptance of Completed Work for each contract awarded by the Government for the Project,the District Engineer shall famish a copy thereof to the Non-Federal Sponsor, 5. The Government shall afford the Non-Federal Sponsor the opportunity to review and comment on all design products that are developed by contract or by Government persormel during the period of design. The Government shall consider in good faith the comments of the Non-Federal Sponsor, but the final approval of all design products shall be exclusively within the control of the Government. 6. Notwithstanding paragraph A.4. of this Article, if the award of any contract for design of the Project, or continuation of design of the Project using the Government's own forces,would result in total design costs exceeding$600,000, the Government and the Non-Federal Sponsor agree to defer award of that contract, award of all remaining contracts for design of the Project, and continuation of design of the Project using the Government's own forces until such time as the Govermment and the Non-Federal Sponsor agree in writing to proceed with further contract awards for the Project or the continuation of design of the Project using the Government's own forces, but in no event shall the award of contracts or the continuation of design of the Project using the Government's own forces be deferred for more than three years. Notwithstanding this general provision for deferral, in the event the Assistant Secretary of the Army(Civil Works)makes a written determination that the award of such contract or contracts or continuation of design of the Project using the Government's own forces must proceed in order to comply with law or to protect human life or property from imminent and substantial harm,the Government, after consultation with the Non-Federal Sponsor, may award a contract or contracts, or continue with design of the Project using the Government's own forces. 7. As of the effective date of this Agreement, $10,538,118 of Federal Kinds for design and construction have been provided by Congress for the Parent Project of which $700,000 is currently projected to be available for the Project. The Government makes no commitment to request Congress to provide additional Federal funds for the 4 29 Parent Project or the Project. Further, the Government's financial participation in the Project is limited to the Federal funds that the Government makes available to the Project. B. The Non-Federal Sponsor shall contribute 25 percent of total design costs in accordance with the provisions of this paragraph. 1. The Non-Federal Sponsor shall provide funds in accordance with Article W.B. of this Agreement in the amount necessary to meet the Non-Federal Sponsor's share of 25 percent of total design costs if the Government projects at anytime that the collective value of the Non-Federal Sponsor's contributions under Article III and Article VII of this Agreement will be less than such share. 2. The Government, subject to the availability of funds, shall refund or reimburse to the Non-Federal Sponsor any contributions in excess of 25 percent of total design costs if the Government determines at any time that the collective value of the following contributions has exceeded 25 percent of total design costs: (a) the value of the Non-Federal Sponsor's contributions under paragraph B.1. of this Article; and(b)the value of the Non-Federal Sponsor's contributions under Article III and Article VII of this Agreement. C. Upon conclusion of the period of design,the Government shall conduct an accounting,in accordance with Article W.C. of this Agreement,and furnish the results to the Non-Federal Sponsor, D. The Non-Federal Sponsor shall not use Federal program,funds to meet any of its obligations for the Project under this Agreement unless the Federal agency providing the Federal portion of such fiends verifies in writing that expenditure of such funds for such purpose is expressly authorized by Federal law. E. The Non-Federal Sponsor may request the Govermnent to include betterments in the design of the Project. Such requests shall be in writing and shall describe the betterments requested to be included in the design of the Project. If in its sole discretion the Government elects to include such betterments or any portion thereof in the design of the Project, it shall so notify the Non-Federal Sponsor in a writing that sets forth any applicable terms and conditions, which must be consistent with this Agreement. In the event of conflict between such a writing and this Agreement,this Agreement shall control. The Government shall allocate the costs of the Project features that include betterments between total design costs and the costs of the betterments. The Non-Federal Sponsor shall be solely responsible for all costs of design of the betterments by the Government under this paragraph and shall pay all such costs in accordance with Article IV.D. of this Agreement. F. If the Government and a non-Federal interest enter into a Project Partnership Agreement for construction of the Project, or a separable element thereof, the Government, in accordance with the provisions of this paragraph, shall include the 5 30 amount of total design costs in total project costs for the Project, or separable element thereof. Further,the Government, in accordance with the provisions of this paragraph, shall afford credit toward the non-Federal interest's share of total project costs for the Project, or separable element thereof, for the Non-Federal Sponsor's contributions toward total design costs under this Agreement. 1. If the Government and a non-Federal interest enter into a Proj ect Partnership Agreement for construction of the entire Project,the Government shall include the amount of total design costs in total project costs for the Project. Further, the Government shall afford credit toward the non-Federal interest's share of total project costs for the Non-Federal Sponsor's contributions toward total design costs, including any excess amount determined in accordance with Article IV.C.2, or Article IV.D.3.b. of this Agreement that was not refunded or reimbursed by the Government. 2. If the Government and a non-Federal interest enter into a Project Partnership Agreement for construction of a separable element of the Project,the Government shall determine the portion of total design costs that are allocable to such separable element and include such amount in total project costs for such separable element. Further,the Government shall determine the amormt of the Non-Federal Sponsor's contributions toward total design costs, including any excess amount determined in accordance with Article IV.C.2, or Article IV.D.3.b. of this Agreement that was not refimded or reimbursed by the Goverment, that are allocable or attributable to such separable element and shall afford credit for such amount toward the non-Federal interest's share of total project costs of such separable element. 3. If the Government and a non-Federal interest do not enter into a Project Partnership Agreement for construction of the Project or a separable element thereof,the Government shall not be obligated to refund or reimburse the Non-Federal Sponsor, in whole or in part, for the Non-Federal Sponsor's 25 percent contribution of total design costs. Further,refimd or reimbursement by the Government for any excess amount determined in accordance with Article IV.C.2. or Article IV.D.3.b. of this Agreement is subject to the availability offunds. 4. Notwithstanding any other provisions of Article ILF of this Agreement, any amount credited for the value of the Non-Federal Sponsor's contributions toward total design costs provided in accordance with Articles III an VII of this Agreement shall not be applied toward the 5 percent cash share required by Section 103(a)(1)(A) of the Water Resources Development Act of 1996,Public Law 99-662, as amended(33 U.S.C. 2213(a)(1)(A)). G. This Agreement shall not be construed as obligating either party to seek funds for, or to participate in, construction or implementation of the Project or a separable element thereof or as relieving the Non-Federal Sponsor of any future obligation under the terms of any Project Partnership Agreement. 6 31 ARTICLE III - DESIGN COORDINATION TEAM A. To provide for consistent and effective communication,the Non-Federal Sponsor and the Government,not later than 30 calendar days after the effective date of this Agreement, shall appoint named senior representatives to a Design Coordination Team. Thereafter, the Design Coordination Team shall meet regularly until the end of the period of design. The Government's Project Manager and a counterpart named by the Non-Federal Sponsor shall co-chair the Design Coordination Team. B. The Government's Project Manager and the Non-Federal Sponsor's counterpart shall keep the Design Coordination Team informed of the progress of design and of significant pending issues and actions, and shall seek the views of the Design Coordination Team on matters that the Design Coordination Team generally oversees. C. Until the end of the period of design,the Design Coordination Team shall generally oversee the Project, including matters related to: design; completion of all necessary environmental coordination and docurnentation; scheduling of reports and work products;plans and specifications;real property and relocation requirements for construction of the Project; design contract awards and modifications; design contract costs; the Government's cost projections; anticipated requirements and needed capabilities for performance of operation,maintenance,repair,rehabilitation, and replacement of the Project including issuance of permits; and other matters related to the Project. This oversight of the Project shall be consistent with a project management plan developed by the Government after consultation with the Non-Federal Sponsor. D. The Design Coordination Team may make recommendations to the District Engineer on matters related to the Project that the Design Coordination Team generally oversees, including suggestions to avoid potential sources of dispute. The Government in good faith shall consider the recommendations of the Design Coordination Team. The Government,having the legal authority and responsibility for design of the Project,has the discretion to accept or reject,in whole or in part,the Design Coordination Team's recommendations. E. The Non-Federal Sponsor's costs of participation in the Design Coordination Team shall be included in total design costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article VII.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. The Government's costs of participation in the Design Coordination Team shall be included in total design costs and shared in accordance with the provisions of this Agreement. ARTICLE IV - METHOD OF PAYMENT 7 32 A. In accordance with the provisions of this paragraph, the Government shall maintain current records and provide to the Non-Federal Sponsor current projections of costs, financial obligations, and the contributions provided by the parties. 1. As of the effective date of tlris Agreement, total design costs are projected to be $600,000; the Non-Federal Sponsor's contribution of funds required by Article II.B.1. of this Agreement is projected to be $125,000; the non-Federal proportionate share is projected to be 21.7 percent; and the Government's total financial obligations to be incurred to include betterments in the design of the Project and the Non- Federal Sponsor's contribution of funds for such costs required by Article II.E. of this Agreement are projected to be $475,000. These amounts and percentage are estimates subject to adjustment by the Government, after consultation with the Non-Federal Sponsor, and are not to be construed as the total financial responsibilities of the Government and the Non-Federal Sponsor. 2. By December 2011 and by each quarterly anniversary thereof until the conclusion of the period of design and resolution of all relevant claims and appeals, the Government shall provide the Non-Federal Sponsor with a report setting forth all contributions provided to date and the current projections of the following: total design costs; the Non-Federal Sponsor's total contribution of funds required by Article II.B.1. of this Agreement; the non-Federal proportionate share; the total contribution of funds required from the Non-Federal Sponsor for the upcoming contract and upcoming fiscal year; and the Government's total financial obligations to be incurred to include betterments in the design of the Project and the Non-Federal Sponsor's contribution of finds for such costs required by Article II.E. of this Agreement. B. The Non-Federal Sponsor shall provide the contribution of funds required by Article ILB,1. of this Agreement in accordance with the provisions of this paragraph. 1. Not less than 30 calendar days prior to the scheduled date for issuance of the solicitation for the first contract for design of the Project or commencement of design of the Project using the Government's own forces, the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and the funds the Government determines to be required from the Non-Federal Sponsor to meet: (a) the non-Federal proportionate share of financial obligations far design incurred prior to the commencement of the period of design; (b) the projected non-Federal proportionate share of financial obligations for design to be incurred for such contract; and (c)the projected non-Federal proportionate share of financial obligations for design using the Government's own forces through the first fiscal year. Not later than such scheduled date, the Non-Federal Sponsor shall provide the Government with the full amount of such required fimds by delivering a check payable to"FAO, USAED,USAGE Seattle District" to the District Engineer, or verifying to the satisfaction of the Government that the Non- Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non-Federal Sponsor, or by presenting the Government with an irrevocable letter of credit acceptable to the 8 33 Government for such required funds, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. 2. Thereafter,until the design of the Project is complete, the Government shall notify the Non-Federal Sponsor in writing of the funds the Government determines to be required from the Non-Federal Sponsor, and the Non-Federal Sponsor shall provide , a such funds in accordance with the provisions of this paragraph. SZ, ,y a. The Government shall notify the Non-Federal Sponsor in writing, no later than 60 calendar days prior to the scheduled date for issuance of the solicitation for each remaining contract for design of the Project, of the funds the Government determines to be required from the Non-Federal Sponsor to meet the projected non-Federal proportionate share of financial obligations for design to be incurred for such contract. No later than such scheduled date,the Non-Federal Sponsor shall make the full amount of such required funds available to the Government through any of the payment mechanisms specified in paragraph B.1. of this Article. b. The Government shall notify the Non-Federal Sponsor in writing,no later than 60 calendar days prior to the beginning of each fiscal year in which the Government projects that it will make financial obligations•for design of the Project using the Government's own forces, of the funds the Government determines to be required from the Non-Federal Sponsor to meet the projected non-Federal proportionate share of financial obligations for design using the Government's own forces for that fiscal year. No later than 30 calendar days prior to the beginning of that fiscal year the Non-Federal Sponsor shall make the full amount of such required funds for that fiscal year available to the Government through any of the payment mechanisms specified in paragraph B.1. of this Article. 3. The Government shall draw from the funds provided by the Non- Federal Sponsor such sruns as the Government deems necessary to cover: (a) the non- Federal proportionate share of financial obligations for design incurred prior to the commencement of the period of design; and (b) the non-Federal proportionate share of financial obligations for design as financial obligations for design are incurred. If at any time the Government determines that additional funds will be needed from the Non- Federal Sponsor to cover the Non-Federal Sponsor's share of such financial obligations for the current contract or to cover the Non-Federal Sponsor's share of such financial obligations for work performed using the Government's own forces in the current fiscal year the Government shall notify the Non-Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 60 calendar days from receipt of such notice, the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. C. Upon conclusion of the period of design and resolution of all relevant claims and appeals,the Government shall conduct a final accounting and furnish the Non- Federal Sponsor with written notice of the results of such final accounting. If outstanding 9 34 relevant claims and appeals prevent a final accounting from being conducted in a timely manner, the Government shall conduct an interim accounting and funnish the Non- Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals are resolved, the Government shall amend the interim accounting to complete the final accounting and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. The interim or final accounting, as applicable, shall determine total design costs. In addition,the interim or final accounting, as applicable, shall detennine each party's required share thereof, and each party's total contributions thereto as of the date of such accounting. 1. Should the interim or final accounting, as applicable, show that the Non-Federal Sponsor's total required share of total design costs exceeds the Non-Federal Sponsor's total contributions provided thereto,the Non-Federal Sponsor,no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAFD, USACE Seattle District"to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. 2. Should the interim or final accounting, as applicable, show that the total contributions provided by the Non-Federal Sponsor for total design costs exceed the Non-Federal Sponsor's total required share thereof, the Government, subject to the availability of funds, shall refund or reimburse the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non-Federal Sponsor is due a refund or reimbursement and funds are not available to refund or reimburse the excess amount to the Non-Federal Sponsor,the Government shall seek such appropriations as are necessary to make the refund or reimbursement. If such appropriations are not received or, if the Non-Federal Sponsor requests that the Government not refund or reimburse the excess amount to the Non- Federal Sponsor, the Government shall apply the excess amount toward the share of total project costs for the Project that is required of the non-Federal interest executing a Project Partnership Agreement or agreements for the Project or separable element thereof in accordance with Article ILF. of this Agreement. D. The Non-Federal Sponsor shall provide the contribution of funds required by Article ILE, of this Agreement to include betterments in the design of the Project in accordance with the provisions of this paragraph. 1. Not less than 60 calendar days prior to the scheduled date for the first financial obligation to include betterments in the design of the Project,the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and of the full amount of funds the Government determines to be required from the Non-Federal Sponsor to cover the costs of design of such betterments. No later than 30 calendar days prior to the Government incurring any financial obligation for design of such betterments, the Non-Federal Sponsor shall provide the Government with the full amount of the funds 10 35 required to cover the costs of design of such betterments through any of the payment mechanisms specified in paragraph B.1. of this Article. 2. The Government shall draw from the fluids provided by the Non- Federal Sponsor such sums as the Government deems necessary to cover the Government's financial obligations for design of such betterments as they are incurred. If at any time the Government determines that the Non-Federal Sponsor must provide additional funds to pay for design of such betterments, the Govennnent shall notify the Non-Federal Sponsor in writing of the additional finds required and provide an explanation of why additional funds are required. Within 30 calendar days from receipt of such notice,the Non-Federal Sponsor shall provide the Government with the frill amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. 3. At the time the Government conducts the interim or final accounting, as applicable, the Govennnent shall conduct an accounting of the Government's financial obligations to include betterments in the design of the Project and furnish the Non- Federal Sponsor with written notice of the results of such accounting. If outstanding relevant claims and appeals prevent a final accounting of design of such betterments from being conducted in a timely manner, the Goverment shall conduct au interim accounting of design of such betterments and furnish the Non-Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals are resolved, the Government shall amend the interim accounting of design of such betterments to complete the final accounting of design of such betterments and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. Such interim or final accounting, as applicable, shall determine the Government's total financial obligations for design of such betterments and the Non-Federal Sponsor's contribution of funds provided thereto as of the date of such accounting. a. Should the interim or final accounting, as applicable, show that the total obligations for including betterments in the design of the Project exceed the total contribution of funds provided by the Non-Federal Sponsor for design of such betterments,the Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, USACE Seattle District"to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. b. Should the interim or final accounting, as applicable, show that the total contribution of funds provided by the Non-Federal Sponsor for including betterments in the design of the Project exceeds the total obligations for design of such betterments, the Government, subject to the availability of funds, shall refund the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non-Federal Sponsor is due a refund and funds are not available to refund the excess amount to the Non-Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund. If such appropriations are 11 36 not received or, if the Non-Federal Sponsor requests that the Government not refund the excess amount to the Non-Federal Sponsor,the Government shall apply the excess amount toward the share of total project costs for the Project that is required of the non- Federal interest executing a Project Partnership Agreement or agreements for the Project or separable element thereof in accordance with Article II.F. of this Agreement. ARTICLE V - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VI—HOLD AND SAVE Subject to the provisions of Article XIII of this Agreement the Non-Federal Sponsor shall hold and save the Government free from all damages arising from design of the Project and any betterments,except for damages due to the fault or negligence of the Government or its contractors. ARTICLE VII- MAINTENANCE OF RECORDS AND AUDIT A. Not later than 60 calendar days after the effective date of this Agreement, the Govermnent and the Non-Federal Sponsor shall develop procedures for keeping books, records,documents, or other evidence pertaining to costs and expenses incurred pursuant to this Agreement. These procedures shall incorporate,and apply as appropriate,the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The Government and the Non-Federal Sponsor shall maintain such books, records, docrmnents,or other evidence in accordance with these procedures and for a minimum of three years after completion of the accounting for which such books,records, documents,or other evidence were required. To the extent permitted under applicable Federal laws and regulations, the Government and the Non-Federal Sponsor shall each allow the other to inspect such books,records, documents, or other evidence. B. In accordance with 32 C.F.R. Section 33.26, the Non-Federal Sponsor is responsible for complying with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501- 7507), as implemented by Office of Management and Budget (OMB) Circular No. A-133 and Department of Defense Directive 7600.10. Upon request of the Non-Federal Sponsor 12 37 and to the extent permitted wider applicable Federal laws and regulations,the Government shall provide to the Non-Federal Sponsor and independent auditors any information necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement. The costs of airy non-Federal audits performed in accordance with this paragraph shall be allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such costs as are allocated to the Project shall be included in total design costs and shared in accordance with the provisions of this Agreement. C. In accordance with 31 U.S.C. 7503,the Government may conduct audits in addition to any audit that the Non-Federal Sponsor is required to conduct under the Single Audit Act Amendments of 1996. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and other applicable cost principles and regulations. The costs of Government audits performed in accordance with this paragraph shall be included in total design costs and shared in accordance with the provisions of this Agreement. ARTICLE VIII - FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement,the Non-Federal Sponsor and the Government shall comply with all applicable Federal and State laws and regulations, including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant thereto and Army Regulation 600-7, entitled"Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Anny". ARTICLE IX - RELATIONSHIP OF PARTIES A. In the exercise of their respective rights and obligations under this Agreement, the Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. B. In the exercise of its rights and obligations under this Agreement,neither party shall provide,without the consent of the other party, any contractor with a release that waives or purports to waive any rights the other party may have to seek relief or redress against that contractor either pursuant to any cause of action that the other party may have or for violation of any law. ARTICLE X - TERMINATION OR SUSPENSION A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this Agreement, the Assistant Secretary of the Army (Civil Works) shall terminate this Agreement or suspend future performance under this Agreement wrless he determines that 13 38 continuation of design of the Project is in the interest of the United States or is necessary in order to satisfy agreements with any other non-Fedcral interests in connection with the Project. B. In the event the Government projects that the amount of Federal funds the Government will make available to the Project through the then-current fiscal year, or the amount of Federal funds the Government will make available for the Project through the upcoming fiscal year, is not sufficient to meet the Federal share of total design costs that the Government projects to be incurred through the then-current or upcoming fiscal year, as applicable,the Government shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project, future performance under this Agreement shall be suspended. Such suspension shall remain in effect until such time that the Govermment notifies the Non-Federal Sponsor in writing that sufficient Federal funds are available to meet the Federal share of total design costs the Government projects to be incurred through the then-current or upcoming fiscal year, or the Government or the Non-Federal Sponsor elects to terminate this Agreement. C. In the event the Government determines that modifications to the Project are required and that additional authorization by Congress will be required before the Government may construct such modifications,the Government shall notify the Non- Federal Sponsor in writing of such determinations and shall terminate this Agreement. D. In the event that this Agreerrient is terminated pursuant to this Article, both parties shall conclude their activities relating to the Project and conduct an accounting in accordance with Article IV.C. of this Agreement. To provide for this eventuality, the Government may reserve a percentage of total Federal funds made available for the Project and an equal percentage of the total funds contributed by the Non-Federal Sponsor in accordance with Article II.B.1. of this Agreement as a contingency to pay costs of termination, including any costs of resolution of contract claims and contract modifications. E. Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article shall not relieve the parties of liability for any obligation previously incurred. Any delinquent payment owed by the Non-Federal Sponsor shall be charged 'interest at a rate,to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned hmnediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE XI- NOTICES 14 39 A. Any notice, request, demand, or other communication required or pennitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or sent by telegram or mailed by first-class,registered, or certified mail, as follows: If to the Non-Federal Sponsor: Public Works Department City of Kent 220 Fourth Ave S Kent, WA 98032-5895 If to the Government: Chief, Planning Branch,PPMD Seattle District, Corps of Engineers P.O. Box 3755 Seattle, WA 98124-3755 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice,request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE XII-CONFIDENTIALITY To the extent permitted by the laws governing each party,the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE XIII - OBLIGATIONS OF FUTURE APPROPRIATIONS A. Nothing herein shall constitute,nor be deemed to constitute, an obligation of future appropriations by the City Council of City of Kent, where creating such an obligation would be inconsistent with Section 35A.33.075 of Revised Code of Washington. B. The Non-Federal Sponsor intends to fulfill its obligations under this Agreement. The Non-Federal Sponsor shall include in its budget request or otherwise propose appropriations of funds in amounts sufficient to fulfill these obligations for that 15 40 year and shall use all reasonable and lawful means to secure those appropriations. The Non-Federal Sponsor reasonably believes that funds in amounts sufficient to fulfill these obligations lawfully can and will be appropriated and made available for this purpose. hi the event funds are not appropriated in amounts sufficient to fulfill these obligations,the Non-Federal Sponsor shall use its best efforts to satisfy any requirements for payments or contributions of funds under this Agreement from any other source of funds legally available for this purpose. Further, if the Non-Federal Sponsor is unable to fulfill these obligations, the Government may exercise any legal rights it has to protect the Government's interests related to this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer. DEPARTMENT OF THE ARMY CITY OF KENT BY: BY: BRUCE A. ESTOK SUZETTE COOKE Colonel, Corps of Engineers MAYOR, CITY OF KENT DISTRICT ENGINEER DATE: DATE: 16 41 CERTIFICATE OF AUTHORITY I, do hereby certify that I am the principal legal officer of the City of Kent,that the City of Kent is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Kent in connection with design of the Duwamish/Boeing Levee Ecosystem Restoration Project, and to pay damages, if necessary, in the event of the failure to perform in accordance with the teams of this Agreement and that the persons who have executed this Agreement on behalf of the City of Kent have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 20 . Arthur Fitzpatrick Deputy City Attorney 17 42 CERTIFICATION REGARDING LOBBYING The undersigned 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 agency, aMember of Congress, an officer or employee of Congress, or an employee of a Member of Congress in comrection 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, or 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 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 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 subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all 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 is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. 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. Suzette Cooke Mayor, City of Kent DATE: 18 } \ 180/ / LOw % � !\ ^ ^« } � ` _ ANGLE ) I as 196 } \ P■OJECt CATION \ ! < � © ' } 208 ./ ( � !- \ ƒ Jill " � NOT ® SCALE ` C | T ? N T<W ) « } y , +yS 234TH T � ` } If � ^ s $ a » / ) ST \ S + ° ~ FIGURE VICINITY MAP .CITY OF , �� �e� ENGINEERING G �VEE �^~ _ � � _ _ _. � _ e � 44 This page intentionally left blank. 45 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 28, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 2, 2012 From: Ken Langholz, Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Consultant Services Agreement with FCS Group, Inc. for Sanitary Sewer Utility Rate Study Item - 5 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Contract with FCS Group, Inc. to perform a sanitary sewer utility rate study, for an amount not to exceed $45,085 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Sanitary Sewer Comprehensive Plan will include an assessment of the City's sewer system and required improvements. FCS Group, Inc. will have the responsibility of reviewing the current utility rates, funding of capital projects, and forecasting revenues required to operate the system over the next five to ten-year period. Budget Impact: This contract will be funded out of the sanitary sewer fund. 46 This page intentionally left blank. 47 artai�ia sif a2u°��r.�=, Task 1: Data Collection /Validation 1.1 Prepare a written request for data/information needed for the study. The list will be provided to the City in advance of the kick-off meeting. 1.2 Attend a kick-off meeting with City staff to discuss key study issues and objectives, and review readily available information. In particular any customer equity concerns will be discussed that could result in revisions to the current rate structure. 1.3 Review, analyze, and validate the data as necessary for use in conducting the technical analysis. Follow up with City staff(via telephone/email)for any additional items or explanations as necessary. Task 2: Fiscal Policy Evaluation 2.1 Review policies regarding reserve management, including operating reserves, capital-related reserves, debt reserves, and any other reserves of the utility. Evaluate the need for such reserves, the basis for minimum thresholds, and the financial and rate impacts for establishing any new or revised reserves. Evaluate debt management policies, and policies regarding capital improvement and capital reinvestment(e.g.,repair/replacement)funding. 2.2 After review and discussion with City staff, integrate recommended policies into the technical analyses. Task 3: Capital Funding Analysis 3.1 Develop a spreadsheet-based analysis to analyze the ability of the City to fund the identified capital needs over a 5 to 10-year study period. Consider funding sources from current revenue streams (e.g., rates, connection charges, and dedicated cash reserves) and potential revenue streams that are consistent with City policy and preference(e.g., increased rates and charges as warranted, debt financing, acquisition of special grants or loans, assessments, or special funding structures). Working from the City-provided capital projects list, incorporate annual capital projects and associated costs for the study period. Forecast future costs using inflationary factors. 3.2 Compare forecasted improvements against forecasted funding sources available, as derived from current rate and charge levels, cash reserves, and other identified sources for funding capital projects. Develop a capital funding strategy based on different approaches to funding capital needs, including alternative levels of annual cash contributions from rates,use of cash reserves, appropriate and/or necessary levels of debt financing,resources from new development, etc. (The budget provides for up to three(3)alternative capital funding scenarios). Task 4: Revenue Requirement Forecast 4.1 Prepare a spreadsheet-based financial planning module to forecast and analyze the financial performance of the utility over the study period. The chief output of this task is a`revenue requirement"that defines the full-cost need from the City's user rates, after other revenue sources have been accounted for in meeting the financial obligations of the utility. 4.2 Integrate cash and coverage requirements from recommended fiscal policies (Task 2) and capital financing strategies (Task 3). Forecast annual operating expenditures and revenues for the study period. Budget estimates will be used as a baseline for projecting future costs and revenues. Model impacts resulting from any operational cost additions or savings caused by capital projects,known or anticipated changes to meet regulatory requirements, as well as impacts of any new or enhanced program initiatives. 1 48 I �Iri�iii A artai�ia sif a2u°��r.�=, :"ev'ri I`;ui4t .""(udv 4.3 Compare annual financial needs against available rate and miscellaneous operating revenues, identifying any projected shortfalls over the forecast period. Calculate annual and overall adjustments needed in rate levels to recover the full cost of service over the study period. 4.4 Develop rate revenue strategies that meet financial obligations over the near-and long-term planning horizon and provide smooth impact to utility customers,to the extent practical. (The budget provides for up to three(3)revenue requirement scenarios). 4.5 Prepare materials and meet with City staff to review and evaluate key results and select the preferred revenue requirement scenario. 4.6 Incorporate changes as necessary and finalize the revenue requirement analysis. Task 5: Cost of Service/Rate Structure Evaluation 5.1 Develop functional allocation of system assets and expenses: • Classify plant investment by major categories (e.g., customer services, collection, transmission, etc.); • Assign categorized plant investment to functional cost components (customer, flow)using system design criteria; • Classify expense data by major and sub categories relating to the activities performed in the operation of the sewer utility(including King County treatment expenses); and • Assign categorized expenses to functional cost components. 5.2 Distribute functional costs to customer classes: • Work with City staff to generate a database of detailed billing system information by customer class. Develop summary customer statistics by customer class including number of accounts, dwelling units, annual water usage, and winter period water usage; • Perform a customer class analysis to determine the appropriate grouping of customers for use in the cost allocation process and rate structure design; • Apply prevailing rates to the customer data set to determine whether the historical information serves as a valid basis for calculating rates that will generate the correct amount of revenue. Depending on the initial outcome, this could include follow up with City staff to determine potential reasons for any significant discrepancies; • Allocate classified costs to each customer class based on use of the sewer system; and • Derive class of service unit costs. 5.3 Develop alternative rate structures: • Review and analyze the current sewer rate structure. Recommend rate modifications reflective of cost-of-service findings and policy objectives of the City. (The budget provides for up to three(3) alternative rate structures for review with utility management); • Evaluate and demonstrate the ability of the resulting rates to generate the projected and required revenues by testing rates against composite system customer demands; • Identify revenues to be generated from fixed and volume-based charges; • Incorporate the King County(pass through) charge and prepare sample bills for each class of service comparing existing rates and proposed rate impacts; and 2 49 artai�ia sif a2u°�ir.�=, • Prepare a typical bill comparison for the residential class including a survey of up to five(5) neighboring communities and the City's existing and proposed rates. 5.4 Prepare materials and meet with City staff to review and evaluate key results and select the preferred rate structure. 5.5 Incorporate changes as necessary and finalize rate design. Task 6: Capital Connection Charges 6.1 Review and evaluate the current connection charge methodology and structure. Recommend alternatives as warranted. 6.2 Based on the results of Subtask 6.1 above,update capital connection charges for the utility. The recommended methodology is likely to incorporate current and planned system investment and system capacity: • Determine the existing cost basis to be incorporated into the charges. This includes review and evaluation of existing plant-in-service, contributed assets, interest accumulation, and other adjustments; • Determine the future cost basis to be incorporated into the charges. This includes review and evaluation of the sewer CIP(as identified in the Sewer Master Plan) and apportioning capital needs to existing customers and to future customers; • Determine system capacity that the existing and future planned system infrastructure can serve; and • Calculate the maximum allowable capital connection charge per customer equivalent and develop a schedule of sewer connection charges. 6.3 Prepare materials and meet with City staff to review and evaluate key results. 6.4 Incorporate changes as necessary and finalize connection charges. Task 7: Presentations 7.1 Meet with City staff to review final recommendations and summary materials for use in City Council/public presentations. 7.2 Attend up to three(3) City Committee/Council meetings to present study results. Task 8: Documentation 8.1 Develop a draft policy-oriented report for City staff review that focuses on findings, conclusions, and implementation methods and issues related to the recommended rates. 8.2 Incorporate City staff comments as appropriate and deliver a final report in hard copy and electronic(pdf)format. Electronic versions of the spreadsheet models will be submitted in Excel format. Task 9: Project Administration Perform miscellaneous project setup activities,work paper documentation, internal scheduling/workload planning, invoicing, ongoing client correspondence, and other miscellaneous administrative/project management activities throughout the study. 3 50 k c,JIihit A artaiiic cif aenir ,S :�wv,w, ilat41 Deliverables: Task 1: Data Request to City staff Task 2: Evaluate fiscal policies and analyze impacts Task 3: Analyze up to 3 alternative capital funding scenarios Task 4: Provide up to 3 revenue requirement scenarios Task 5: Provide up to 3 rate structure alternatives Task 6: Provide up to 3 alternative schedules of connection charges Task 7: Provide presentation materials Task 8: Draft and final report 4 51 'tit°hf^dt i If: Sfnme IIJI,Jd9@ i�:t,idy Managing Total Hineipal Analyst Adnin. Estiamted Total Task Johnson Shvley Support Hours Budget Hourly Billing Rates: $225 $100 $70 Task 1 -Data Collection/Validation[1 mtg] 8 24 32 $ 4,200 Task 2-Fiscal Policy Evaluation 4 4 8 $ 1,300 Task 3-Capital Funding Analysis 3 18 21 $ 2,475 Task 4-Revenue Requirement Forecast[I mtg] 12 44 56 $ 7,100 Task 5-Cost of Service/Rate Structure Evaluation[1 mtg] 14 58 72 $ 8,950 Task 6-Capital Connection Charges[lmtg] 12 32 44 $ 5,900 Task 7-Presentations[4 mtgs] 24 24 8 56 $ 8,360 Task 8-Documentation 8 32 8 48 $ 5,560 Task 9-Project Administration 4 2 2 8 $ 1,240 Total 89 238 18 345 $ 45,085 5 52 This page intentionally left blank. 53 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 21, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 2, 2012 From: Gina Hungerford, Conservation Specialist and Todd Hunsdorfer, Environmental Conservation Tech II Through: Tim LaPorte, Public Works Director, Mike Mactutis, Environmental Engineering Manager, Kelly Peterson, Environmental Conservation Supervisor Subject: Information Only/Adopt-a-Street Program/Adopt-a-Drain Program Item - 6 Motion: Information Only/No Motion Required Summary: The Adopt-a-Street Program is being implemented in response to a local group's request to adopt a street and to provide an opportunity for other Kent residents, businesses and organizations to make a difference by contributing their time and energy to keep the City beautiful and protect the environment by helping to remove litter in the community. The effort will also help to stretch limited City dollars. The Adopt-a-Drain Program is being implemented to continue achieving National Pollutant Discharge Elimination System (NPDES) permit compliance, encourage residents to make a difference in their neighborhood, and help reduce the chances of localized flooding by keeping catch basins clear of debris. This program will help to stretch limited City dollars, and support the Kent's mission to be a clean, well connected city. Budget Impact: Staff time required to oversee these programs is already accounted for in the solid waste and stormwater utility budgets. 54 This page intentionally left blank. 55 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 23, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 2, 2012 From: Gina Hungerford, Conservation Specialist Through: Tim LaPorte, Public Works Director, Mike Mactutis, Environmental Engineering Manager and Kelly Peterson, Environmental Conservation Supervisor Subject: Information Only/2012 Water Festival Item - 7 Motion: Information Only/No Motion Required Summary: The City welcomed nearly 1,400 4th and 5th grade students, their teachers and parent chaperones at the 13th annual H20-2012 Water Festival on March 27 & 28, 2012, at Green River Community College. Students rotated through 25 and 50 minute presentations with topics ranging from water sources, conservation, and water quality protection, to wastewater, the watershed, salmon habitat, and recycling. Teachers and students were very appreciative. Since its inception in 2000, the Water Festival has benefitted approximately 15,000 students in our area. Budget Impact: Costs associated with the Water Festival are covered by the water fund. The Water Festival helps the water utility meet its conservation and outreach goals as required by the Department of Health. 56 This page intentionally left blank. 57 ITEM # 8 INFORMATION ONLY Transportation Advisory Committee Tim LaPorte Public Works Director