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Home My WebLink AboutCity Council Committees - Public Works/Planning - 01/06/2014 1 Public Works Committee Agenda �� Councilmembers:Dana Ralph ♦ Ken Sharp ♦ Dennis Higgins, Chair `� KENT WASHINGTON Meeting Date January 6, 2014 4:00 P.m. Item Description Action Speaker Time Page O1. Approval of Minutes Dated December 9, 2013 YES None 03 03 02. King County Solid Waste Division Waste YES Gina Hungerford 03 05 Reduction & Recycling Grant 03. Seattle-King County Health Department Local YES Gina Hungerford 03 25 Hazardous Waste Management Program/ Recycling Event Grant 04. Contract/Olympic Environmental for 2014/15 YES Gina Hungerford 05 41 Residential Recycling Collection Events 05. SR 516 to S 231s' Way Levee North Reach YES Alex Murillo 10 49 Improvements - Change Order No. 1 06. Central Avenue South Improvements - YES Mark Howlett 05 51 Acceptance of Federal Grant 07. Kent Interurban Trail Connector Project - YES Kelly Casteel 05 59 Acceptance of Grant 08. South 2241h Street Improvement, Phase 2 - YES Ken Langholz 05 63 Acceptance of Transportation Improvement Board Grant 09. Information Only/2014 Work Plan NO Tim LaPorte 15 67 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. 2 This page intentionally left blank. 3 SPECIAL Public Works Committee Minutes December .9, 2013 COMMITTEE MEMBERS PRESENT: Committee Chair Elizabeth Albertson and Committee members Dana Ralph and Dennis Higgins were present. The meeting was called to order at 4:02 p.m. Item 1 — Approval of Meeting Minutes Dated Monday, November 18, 2013: Committee member Ralph MOVED to approve the minutes of November 18, 2013. The motion was SECONDED by Committee member Higgins and PASSED 3-0. Item 2 — Contract with G C Systems, Inc. for Inspection & Rebuild Services of Hydraulically Controlled Water Valves: Kevin Swinford, Interim Water Superintendent noted that the city has over 100 hydraulically operated valves within its water system that range in size from 2 to 16 inches. These valves are used to precisely control system pressure and flow from our water sources and water levels within our reservoirs. In addition, these control valves would be used to transfer water from neighboring cities in an emergency. Swinford went on to note that this contract is for a two-year agreement instead of one. City crews are able to do some of the onsite repairs; however, inspection and rebuild services need to be done by a factory authorized company. G C Systems, Inc. is factory authorized and operates out of Sumner. Committee member Higgins MOVED to recommend Council authorize the Mayor to sign a two year Contract with G C Systems, Inc., in an amount not to exceed $25,757.46 (including sales tax) for the inspection and rebuild of 31 hydraulically operated water control valves, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 3 —Motorist Information Sign Program: City Engineer, Chad Bieren stated that the city doesn't have a policy or ordinance addressing follow through signs. Washington State Department of Transportation places informational signs on State highways that direct motorists to nearby services such as gas stations, restaurants, lodging, etc. When services are not visible from the freeway exit ramp, follow through signs are required. This ordinance would adopt a means of installing these signs on city streets. Bieren noted that the proposed ordinance describes the city's requirements for adding Motorist Information Signs and implements fees to recover costs. The impetus for moving ahead with the proposal is a request from a local business. Committee member Ralph MOVED to recommend Council adopt an Ordinance amending Kent City Code section 6.07 and 15.06 to establish a Motorist Information Sign Program. The motion was SECONDED by Committee member Higgins and PASSED 3-0. 4 SPECIAL Public Works Committee Minutes December .9, 2013 Item 4 —Sewer Franchise with King County: Design Engineering Manager, Mark Howlett noted that this is a housekeeping item related to sanitary sewer service. Howlett stated the City of Kent's sewer utility boundary does not exactly follow the City limits. There are two areas where the sewer service area is outside of the City limits, within unincorporated King County. One of these locations is on Kent's West Hill, south of Kent Des-Moines Road. The other is on the south side of the Green River near 781h Avenue South and S. 262"' Street. These areas are located near the city's sewer system and are therefore more logically served by the City rather than King County. This 25-year franchise agreement allows the City to construct, operate and maintain our sanitary sewer system within County roads and rights-of-way. A similar franchise was signed by both parties a number of years ago, but it has expired. The proposed franchise is a replacement for that agreement. Committee member Higgins MOVED to recommend Council authorize the Mayor to sign a Sanitary Sewer Franchise with King County allowing the City to operate its sanitary sewer system in rights-of-way of unincorporated King County, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 5 — 0 ""tea„ Information Only/Special Recognition for Elizabeth Albertson: Kevin Swinford, Interim Water Superintendent, Dave Brock, Interim Operations Manager, Kelly Peterson, AICP, Environmental Conservation Supervisor, Chad Bieren, City Engineer and Tim LaPorte, Public Works Director, thanked Elizabeth for her years of service to the City of Kent and more specifically for her passion for Public Works as a whole. No Motion Required/Information Only The meeting was adjourned at 4:27 p.m. Cheryl Viseth Council Committee Recorder 5 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: December 16, 2013 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: January 6, 2014 From: Gina Hungerford, Conservation Coordinator Through: Kelly Peterson, AICP, Environmental Conservation Supervisor Mike Mactutis, P.E. Environmental Engineering Manager Chad Bieren, P.E., City Engineer Subject: King County Solid Waste Division/Waste Reduction and Recycling Grant Motion: Move to recommend Council authorize the Mayor to accept the Waste Reduction and Recycling Grant Contract in the amount of $89,835 for 2014, and establish a budget accordingly, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The King County Waste Reduction and Recycling grant is used to fund three Special Recycling and Collection Events for residents and businesses for the collection of hard-to-recycle materials, including appliances, electronic equipment, mattresses, Styrofoam, bulky yard debris, concrete, and tires. The grant also funds activities and events associated with the Business Recycling Program, the Multi-Family Recycling Program, the purchase, distribution and promotion of products made from recycled materials, including compost bins and rain barrels, as well as the Christmas Tree Collection and Recycling program co- sponsored by Parks and the Boy Scout organization. Budget Impact: The City will receive $89,835 in 2014. No match is required. s This page intentionally left blank. 7 CONTRACT 45637583 INTERAGENCY AGREEMENT FOR 2014 i Between KING COUNTY and the CITY OF KENT This one-year Interagency Agreement"Agreement'is executed between King County, a Charter County and political subdivision of the State of Washington,and the City of Kent, a municipal corporation of the State of Washington,hereinafter referred to as "County' and "City' respectively. Collectively, the County and City will be referred to as"Party' or"Parties." PREAMBLE King County and the City of Kent adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and,services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as Exhibit B. Grant funding for this program is subject to the yearly budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities. L PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Kent by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. 1 8 IL RESPONSIBILITIES OF THE PARTIES The responsibilities of the Parties to this Agreement shall be as follows: A. The City 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A, The total amount of funds available from this grant in 2014 shall not exceed$89,835. 2. This Agreement provides for distribution of 2014 grant funds to the City. However, 2014 funds are not available until January 1, 2014, and 2014 funding is contingent upon King County Council approval of the 2014 King County budget. The County shall notify the City in writing of the funding status. 3. During this one-year grant program, the City will submit a minimum of one, but no more than four, progress reports to the County in a form approved by the County. Reports must be signed by a City official. These reports will include: a. a description of each activity accomplished pertaining to the scope of work; and b. reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement,prepared by the City's finance department, that includes vendor name, description of service, date of service, date paid and check number. If the City chooses to submit up to the maximum of four(4)progress reports and requests for reimbursement during the one-year grant program, they shall be due to the County on the last day of the month following the end of each quarter - April 30, July 30, October 31 - except for the final progress report and request for reimbursement which shall be due by March 31, 2015. If the City chooses to submit the minimum of one progress report and request for reimbursement during the one-year grant program, it shall be due to the County by March 31, 2015. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5"'working day of January 2015, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six months of completion of the project(s) outlined in the scope of work,but no later than June 30, 2015. 2 9 5. If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas of King County,the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 6. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award or contracting process, 7. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex,religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory,mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. i 8. During the performance of this Agreement, neither the City nor any Party,subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination, These laws include, but are not limited to,RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 9. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 10. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County,to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six(6) years after termination hereof unless penrtission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40,14. These accounts shall be subject to inspection, review or audit by the Comity and/or by federal or state officials as so authorized by law. 11. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2017. 3 10 12. The City agrees to credit King County on all printed materials provided by the County,which the City is duplicating, for distribution. Either King County's name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division" and/or"text provided courtesy of King County Solid Waste Division." i 13, The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced;provided that the County credits the City for the piece. 14. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City's event, the City is exempt from having to provide the brochure to King County. 15. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the carrier routes provided by King County. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 16. The City understands that funding for recycling collection events for adjacent areas of unincorporated King County will be allocated on a yearly basis subject to the King County Council's yearly budget approval process. 17. This project shall be administered by Gina Hungerford, Conservation Specialist; 220 4th Ave. South; Kent, WA 98032-5895; TEL - (253) 856-5549; FAX—(253) 856-6500; Email— gh�=erfordO.ci.kent.wa.us, or designee. B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by city and is subject to the King County Council's yearly budget approval process. Provided that the funds are allocated through the King County Council's yearly budget approval process, grant funding to the City will include a base allocation of$5,000 per year with the balance of funds to be allocated according to the City's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant finding to $10,000 per year. 4 11 2. The City of Kent`s budgeted grant funds for 2014 are $89,835. Unspent 2014 funds will not carry over to 2015. 3. Within forty-five (45) days of receiving a request for reimbursement from the City,the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 4. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City's name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City of Kent" and/or "text provided courtesy of the City of Kent." 5. The County retains the right to share the written material(s)produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 6. The waste reduction and recycling grant program shall be administered by Morgan John, Project Manager of the King County Solid Waste Division. II1. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2014 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2014 and shall terminate on June 30, 2015. The City shall not incur any new charges after December 31, 2014. However, if execution by either Party does not occur until after January 1, 2014,this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2014 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section 11. A of the Agreement. 5 12 IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice. B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds;and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4. C. If the Agreement is terminated as provided in this section: (1)the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2)the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations,terns and conditions set forth in this Agreement are breached by the other Party. V. AMENDMENTS This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. VI. HOLD HARMLESS AND IINDEMNIF'ICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits,penalties, losses, damages, or costs of any kind whatsoever(hereinafter "claims") brought against the County arising out of or incident to the City's execution of,performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report,film,tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade narme, and/or otherwise results in unfair trade practice. 6 13 VIL INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be$1,000,000 general liability insurance combined single limit per occurrence for bodily injury,personal injury, and property damage. If the policy has an aggregate limit, a$2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C,unless Section VII.B, applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached C to this Agreement as Exhibit C. C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority(WCIA), a written acknowledgement/certification of current membership is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. III. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVEI3ABILITV If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason,found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 7 i 14 XI. NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Morgan John, Project Manager, or a provided designee, King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104-3855 If to the City: Ms. Gina Hungerford, Conservation Specialist City of Kent 220 4th Ave. South Dent, WA 98032-5895 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: City King County BY (Title) Pat D.McLaughlin,Director Solid Waste Division I For Dow Constantine,King County Executive Date Date ft 15 Exhibit A King County Waste Reduction and Recycling Grant Program City of Kent 2014 Scope of Work A. Basic Information 1. City of Kent 2. Grant project manager: Gina Hungerford Conservation Specialist City of Kent 220 4th Ave. South Kent, WA 98032-5895 TEL - (253) 856-5549 FAX- (253) 856-6500 Email—ghwigerford@kentwa.gov 3. Consultant name: Paul Devine Olympic Environmental Resources 4715 SW Walker Street Seattle; WA 9811.6 TEL - (206) 938-8262 FAX- (206) 938-9873 Email—pauldevine@msn.com 4. 2014 Budget: $89,835.00 B. Scope of Work Task One; Recycling Collection Events A. Schedule—Events will be held in March, .Tune, and October, 2014 B. Task Activities © Total Number of Recycling Collection Event—Three ® Appliances • Refrigerators and Preezersd- • Ferrous Metals a Non-ferrous Metals • Concrete, Asphalt, Rock, and Brick"" N Tires+ • Mattresses+ Styrofoam 1 i i 16 • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Used Motor Oil • Used Motor Oil Filters • Used Antifreeze • Used Petroleum Based Products • Paper Shredding** • Electronic Equipment • Bulky Yard Debris* • Scrap Wood* *Collected in the spring (March and June) ** Collected in the fall (October) +User fees may apply. • The following educational materials will be distributed: • Information on City Recycling Programs. • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. • Other educational materials as appropriate. • Event promotional methods • This event will be coordinated with King County and flyers will be sent to King County Solid Waste Division, and Kent households. • By distributing a promotional flyer through direct mailings. • By notices in City newsletters (whenever possible). • By posting a bulletin at City Hall and on the City cable channel (if available), K-Hold, and Facebook. • By publicizing the event through the King County Solid Waste Division Promotional Activities. C) Task evaluation. Event reports will include: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Event comments • Graphic or tabular comparison of 2014 volumes and vehicles with prior year's events. 2 17 D) Task Budget: $20,500.00 ISUdgert category Citz Staff Costs 1,500.00 1,500.00 3,000.00 6,000.00 ConwactoriblaTting Costs Lvent star uosts Collection/Hadhi Costs Wood Was Scrap a lances, etc. Toilet/Sink Collection $1 000.00 $0.00 $500.00 $1 500.00 ec ion r one an o se on Concrete $1,000.00 $0.00 $1,600.00 $2,600.00 vapor Shredding gyres attreses $1,600.00 $0.00 2,000.00 3,500.00 j yro oam se i t1treezeletc. Batteries 0.00 2,000.00 0.00 2,000..00 r n mg ai ing von u [as Other Ex enses -rentals,etc 2,000.OD 2,357.32 1,000.00 5,357.32 NOTE:Hourly rates for consultants are as follows:Project Manager-$70.00 and Event Staff-$55.00. E) Task Performance Objectives: The City plans to send out approximately 47,000 promotional flyers to Kent households per event and publicize the events through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 250-300 tons of material from the local waste stream per year. The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling. The event will also provide an opportunity to recycle moderate risk waste. The King County Health Department and Washington State Department of Ecology may pay for event expenses as well. F) Task Impact Objectives: By hosting Recycling Collection Events, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has a.population of approximately 119,000. The City expects, based on past events, that 3,100-3,500 households will actively participate each year by bringing recyclable materials to the event for proper disposal and recycling. This will result in 250-300 tons of material diverted from the local waste stream for recycling each year. In addition to diverting iaterials from the City waste stream, attracting residents to events provides an opportunity to distribute educational material on City and King County recycling programs. The educational materials can enhance the luiowledge of residents and improve behavior in purchase, handling, and disposal of recyclable materials. 3 I 18 Task Two: Business Recycling Program A) Task Schedule: 2014 B) Task Activities: Through continued recycling assistance to businesses, the City will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the commercial sector. The City will also work with the Kent School District to promote school recycling programs. Program Activities: 1)Kent Business Information Prepare, print, and coordinate distribution of a Kent Business Recycling Newsletter to all Kent businesses. The newsletter will be sent to Kent businesses two times a year. 2)Kent Business Assistance j To provide business recycling assistance to City businesses, the City will customize the King County Tool Kit with City information and send a City Tool Kit to all new Kent businesses each year with intro letter and offer of on-site visit. In the Tool Kit, the City hopes to work with the City recycler to include a coupon for free desk-side recycling containers from the hauler. In addition; the City will provide assistance to City businesses on an on-call basis. 3) Kent Business Recognition To provide Kent businesses with motivation to recycle, the City will implement the Kent Green Business of the Year Award. The City will work with the Kent Chamber of Commerce and past program information to seek out businesses that have put in place outstanding recycling programs and award up to three City businesses with awards. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. 4 19 C) Task Budget: $32,400.00 NBusiness e a egory Cost Total ses era and Gra hits $1 500.00 1 500.OD sts $1,600.00 1,600.00 mg costs , tance To include: Educational material dis n u ion Business consultationsreports $1500.00 $1500.00 Follow-up calls to businesses $1,000.00 $1,000.00 Program Promotion Business Reco nition Program Planninglimplemention 2,000.00 $2,000.00 rogram Promotion Other Costs $700.00 $700.00 Business Web Site Web Site Assistance Hourly rates for consultants are as follows: Project Managers-$75.00 and$78.50. . D) Task Performance Objectives: 1) The Kent Business Recycling Newsletter will be sent to all Kent businesses two times a year. With regular information on recycling, City businesses will be able to take advantage of mew recycling services and divert more materials from the Kent waste stream. 2) Kent Business Assistance will provide new and existing City businesses with information and technical assistance on recycling and waste prevention. Consultant staff will include the information as requested in the King County business database. Summary program evaluation will include: the number of contacts made to businesses and their response rates to the offer of recycling technical assistance; .the number of businesses receiving information; and the number of businesses beginning or expanding recycling activities. 3) Kent Green Business of the Year Award will provide Kent businesses with motivation to recycle by recognizing Kent businesses that have put in place outstanding recycling programs. The purpose of the awards program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. E) Task Impact Objectives: By providing information, web site assistance, technical assistance, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has an employee population of approximately 62,000. In addition to diverting materials from 5 20 the City waste stream, providing information to Kent business provides an opportunity to distribute educational material on City and King County recycling programs. The technical assistance, web site assistance, recognition, educational materials can enhance .the knowledge of business and improve behavior in the purchase, handling, set-up, and disposal of recyclable materials. Task Three: Kent Multifamily Recycling Program A) Task Schedule: 2014 B) Task Activities: The task will include promoting waste reduction, participation in Kent multifamily residential collection programs for recyclables, distributing multifamily signs and bags, and promoting the purchase of recycled products by working with multifamily residents and property owners/managers. The City will: • Distribute multifamily educational brochures through direct mailings, City events; and door-to-door delivery. • Distribute multifamily signs for use at multifamily complexes for proper recycling of materials. • Providing on-site waste consultations and follow-up assistance. • Distribute multifamily educational brochures in Spanish and Russian(if available) through direct mailings, Recycling City events, and door-to-door delivery. C)Task Budget: $12,500.00 a i ami y u get a egory 2014 o a rovi a ssrs ance an o ow-up e , s e ss s ante s eo ram romotion The business program will be funded with use of Icing County WRR grant funds. Hourly rates for consultants are as follows: Project Managers-$75.00 and$78.50. D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent by collection of more recyclable material in the City's multifamily sector. The City will continue to promote recycling in the Kent multifamily community by distributing educational brochures, signs, and recycling totes to multifamily managers and tenants. As City residents better manage their waste and recycle more, less recyclable material will end up in local landfills. This program will help the City of Kent reach its recycling goals. Kent multifamily web site enhancements and service will provide Kent multifamily owners and managers with tools to recycle by making the information easy to access and 6 21 convenient to use. The program will also help reduce paper, as more recycling information will be in an electronic format. E) Task Impact Objectives: With program promotion and technical assistance and web site assistance, Kent multifamily residents will have better knowledge of recycling. Recycling service to Kent multifamily properties is provided with garbage service and assistance will be provided on how to better use the service. By recycling more, City multifamily properties can reduce the amount of material ending up in the local landfill. Task Four: Compost/Worm Bin Distribution A) Task Schedule: Spring, 2014 B) Task Activities: a Total Number of Compost/Worm Bin Sales — 1-2. The City may distribute bins at the second spring event if stock remains. s Task Description - The City will implement two backyard compost bin distribution events in conjunction with Kent Recycling Collection Events. The City will: • Distribute subsidized backyard compost/worm bins and educational materials on grasseycling and backyard composting to Kent residents. Residents will be charged a user fee for bins of$25.00. ® Promote the program through the City of Kent website and event flyers. ® Purchase and distribute approximately 120 worm bins. The City has approximately 100 compost bins in storage for distribution in 2014. C) Task Budget: $6,100.00 ESTIMATE® COSTS 2014 2014 Total City Staff Cost $800.00 $800.00 Administration and t1upplies . orage ana Delivery Consultant and Contractor Services $3,000.00 $3,000.00 Wonrr Sills $2,500.00 $2,500.00 sttrna a to Inc®me a , Hourly rates for consultants are as follows:Project Manager-$70.00 and Event Staff-$55.00. D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. Composting extends the life of landfills and reduces stress on local composting facilities. This program should result in greater resource efficiency, as it will encourage City residents to manage their yard debris on their own properties and to reuse the composted materials in their gardens. 7 22 E)Task Impact Objectives: As a result of the bin sales,the City of Kent will: ® Reduce the residential waste stream by up an estimated 100 tons of yard debris annually or 1,000 tons in the next ten years. ® The City will monitor the program by reporting the following: -Number of compost/worm bins distributed. -The estimated amount of compostable material diverted. In addition to diverting compostable materials from the City waste stream, attracting residents to events provides an opportunity to distribute educational materials on City recycling programs and yard debris reduction programs in King County. The educational materials can enhance the knowledge of residents and improve behavior in purchasing products, practices, and disposal of yard debris. Task Five: Purchase Products Made From Recycled Materials A)Task Schedule: 2014 i B)Task Activities: f In order to support the recycling industry and close the recycling loop, the City would like to purchase products made from recycled materials. Doing so will support recycling collection programs and help ensure the success of the recycling industry. The City will support recycling programs by purchasing recycle content rain barrels and other items for distribution. The rain barrels weight approximately 40-50 pounds each and divert roughly twice that amount of plastic material from the waste stream when produced. The City will sell the rain barrels at City Recycling Collection Events in 2014. The City will sell the bins for$30-$35 each. C) Task Budget: $6,835.00 i Recycled Product Purchase 2014 2014 Total City Staff $600.00 $600.00 Consultant and Contractor Services $3,200.00 $3,200.00 MITEu Mar Tems minis f ra f son an upp fees- _ Estimated Barrel Income w$4,500.00 $4,500.00 TOTAL. $6,835.00 L $6,835.00 D) Task Performance and Impact Objectives: The goal of this program is to help ensure the success of the recycling industry by adding to the demand for products made from recycled materials. By purchasing products made from recycled content, the City will divert recyclable material from the waste stream. The City 8 I 23 will distribute the rain barrels to.City residents to help promote recycled products. The City will promote the rain barrel sale in the City Recycling. Collection Event flyer. The additional benefits of the rain barrels are that they will help reduce household water consumption and reuse natural rainwater. It is expected that after installation the rain barrels will continue to conserve water resources for many years. Task Six: Christmas Tree Collection and Recycling A) Task Schedule: Winter, 2014 B) Task Activities: e Task Description - The City will provide collection of Christmas trees in the City for residents just after the Christmas holiday. The City plans to provide City residents with four to six tree collection days. The City will: • Provide collection of Christmas trees from Kent residents. • Promote the program through City of Kent newsletters, flyer to all residents and local papers. • Recycle collected trees C) Task Budget: $8,000.00 ESTIMATED COSTS 2014 2014 Total Supplies/equipment $6,500.00 $6,600.00 rolec a ong oa D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. By providing Christmas tree collection and recycling, the City can divert this material from the waste stream. This activity will extend the life of the local landfill. This program should result in greater resource efficiency, as it will encourage City residents to recycle their Christmas trees rather than disposing of them in their garbage or at the local transfer station. E) Task Impact Objectives: As a result of the Christmas Tree Collection and Recycling Program, the City of Kent will reduce the residential waste stream. The City will monitor the program by reporting the following: Number of Christmas trees collected. -The estimated amount of material diverted from the waste stream. 9 24 Task Seven: Grant Administration The City will work with OER to administrate this Scope of Work. OER will ® Track project expenses; ® Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work; ® Prepare reports for the grant program; and • Prepare final report. Task Budget: $3,500.00 King. County WRR Grant 2014 2014Total 1. Program Management $2,100.00 $2,100.00 2. Project Expenses a. Mileage $550.00 $550.00 b. Supplies $850.00 $850.00 TOTAL $3,500.00 $3,500.00 10 25 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: December 17, 2013 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: January 6, 2014 From: Gina Hungerford, Conservation Coordinator Through: Kelly Peterson, AICP, Environmental Conservation Supervisor Mike Mactutis, P.E. Environmental Engineering Manager Chad Bieren, P.E., City Engineer Subject: Seattle-King County Health Department Local Hazardous Waste Management Program Motion: Move to recommend Council authorize the Mayor to accept the Local Hazardous Waste Management Program Contract in the amount of $32,278.87 for 2014, and establish a budget accordingly, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Seattle-King County Health Department's Local Hazardous Waste Management Program Grant is an annual grant to help cities protect public health and the environment from toxics and hazardous products and wastes. The grant covers collection of hazardous waste at three special recycling collection events for residents and local businesses, as described in the attached Grant Agreement's Scope of Work. Hazardous items collected at the events include: Refrigerators and freezers, used oil, antifreeze and other petroleum products, as well as batteries. In addition, the grant pays for some staffing and printing and mailing cost. Budget Impact: The City will receive $32,278.87. No match is required. The Local Hazardous Waste Management Program grant fully funds the collection of hazardous waste collected at the three events the City hosts. 26 This page intentionally left blank. 27 Public Health A Seattle & King County King County Contract# EHS3311 Federal Taxpayer ID # 91-1355875 Federal Sub-recipient - No This form is available in alternate formats for people with disabilities upon request. 2014 COMMUNITY SERVICES CONTRACT WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION THIS CONTRACT is entered into by KING COUNTY (the "County'), and City of Kent (the "Contractor'), whose address is 220 4th Ave. S,Kent,Washington,98032-5895 . The County department overseeing the work to be performed in this Contract is the Seattle-King County Department of Public Health (aka, Public Health - Seattle & King County, "PHSKC") Contract Summary PHSKC Division: Environmental Health Project Title: Local Hazardous Waste Management Program Contract Amount: Thirty Two Thousand Two Hundred Seventy Eight Dollars and Eighty Seven Cents Contract Start Date: 01/01/2014Contract End Date: 12/31/2014 Fund Source Information FEDERAL: $ 0 COUNTY: $32,278.87 STATE: $ 0 OTHER: $ 0 Specific Funding Details (Award number, CFDA# Amounts, Effective Dates) 1) Local Hazardous Waste Management Program Funding WHEREAS, the County has been advised that the foregoing are the current funding sources, funding levels and effective dates, and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2014 Annual Budget. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree as follows: I IncoKporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: Program Exhibits and Requirements ® Exhibit A: Scope of Work Exhibit B: Budget Exhibit C: Invoice Exhibit D: Contractor's Certificate of Insurance and Additional Insured Endorsement II Term and Termination A This Contract shall commence on 1/1/2014 8:00:00 AM, and shall terminate on 12/31/2014 8:00:00 AM, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. Contract# EHS3311 Page# 1 of 9 28 B This Contract may be terminated by the County or the Contractor without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the termination. The Contract may be suspended by the County without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the suspension. C The County may terminate or suspend this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection ILC. (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection ILA., the County may, upon written notification to the Contractor, terminate or suspend this Contract in whole or in part. If the Contract is terminated or suspended as provided in this Section (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination or suspension; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination or suspension. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. If the Contract is suspended as provided in this Section the County may provide written authorization to resume activities. E Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III Compensation and Method of Payment A The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable upon receipt and approval by the County of a signed invoice in substantially the form of the attached Invoice Exhibit which complies with the attached Budget Exhibit. B The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County shall make payment to the Contractor not more than 30 days after a complete and accurate invoice is received. C The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. D When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The Contract may contain separate budgets for separate program components. The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers Contract# EHS3311 rage## 2 of 9 29 among the budget categories is expected to exceed 10% of the Contract amount in any Contract budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. E If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1 The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Contractor does not request government rates, the Contractor shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2 Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. Please reference hftp:/Iwww.gsa.gov for the current host city per diem rates. 3 Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Contractor shall always request government rates. 4 Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. Any air travel occurring as part of federal grant must be in accordance with the Fly America Act. IV Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted government accounting standards (GAGAS). V Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. VI Maintenance of Records/Evaluations and Inspections A The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV, below, the Contractor shall maintain the following: 1 Records of employment, employment advertisements, application Forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2 Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such Contract# EH83311 Page # 3 of 9 30 visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. C Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. D Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Contractor shall not use protected health information created or shared under this Contract in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its. provisions. Contractor shall read and certify compliance with all HIPAA requirements at http://www. kingeounty.gov/healthservices/health/partnerships/contracts VIII Audits A If the Contractor is a municipal entity or other government institution or jurisdiction, it shall notify the County in writing within 30 days of when its annual report of examination/audit conducted by the Washington State Auditor has been completed. B Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any such requirements. IX Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County; C In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be Contract # EHS3311 Page # 4 of 9 31 insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section II.C.; D In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II. Subsections B, C, D, and E. X Dispute Resolution The parties shall use their best, good -faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. XI Hold Harmless and Indemnification A In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Term and Termination section. C The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers, employees, or agents in its performance or non-performance of its obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, Contract # EHS3311 Page # 5 of 9 32 constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. G The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. XII Insurance Requirements By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Specific coverages and requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and provide required insurance documentation prior to the signing of this Agreement. XIII AssignmentISubcontracting A The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. B "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. C The Contractor shall include Sections III.D., III.E., IV, V, VI, VII, XI, XII, XIII, XIV, XV, XVI, and XVII,XVIII, XXIV, XXV, XXVI, XXVII, and the Funder's Special Terms and Conditions, if attached, in every subcontract that relates to the subject matter of this Contract. D The Contractor agrees to include the following language verbatim in every subcontract, for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XIV Nondiscrimination and Egual Employment Opportunity The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. During performance of the Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants Contract # EHS3311 Page # 6 of 9 33 and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and certify compliance. XV Conflict of Interest A The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any County official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the County will be cancelled and it shall not be able to bid on any County contract for a period of two years. C The Contractor acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVI Equipment Purchase, Maintenance, and Ownership A The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. XVII Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material w article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty -free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XVIII Political Activity Prohibited Contract 4 EHS3311 Page # 7 of 9 34 None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XIX King County Recycled Product Procurement Policy In accordance with King County Code 18.20, the Contractor shall use recycled paper and both sides of sheet of paper whenever practicable, when submitting proposals, reports, and invoices, if paper copies are required. XX Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXI Entire ContractMaiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXII Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIII Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXIV Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXV Applicable Law This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. fflxsn ,. Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. XXVIIContractor Certification Contract # ENS3311 Page # 8 of 9 35 By signing this Contract, the Contractor certifies that in addition to agreeing to the terms and conditions provided herein, the Contractor certifies that it has read and understands the contracting requirements on the PHSKC website (http://www.kingcounty.gov/health/contracts), and agrees to comply with all of the contract terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentialing, as applicable. IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY King County Executive Date Approved as to Form: CONTRACTOR FOR Signature OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY Name (Please type or print) Date Contract # EHS3311 Page # 9 of 9 36 EXHIBIT A SCOPE OF WORK CITY OF KENT 1/1/2014-12/31/2014 Background The Local Hazardous Waste Management Plan (hereafter refereed to as the "Plan") as updated in 1997 and 2010, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle -King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RC W 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"). The purpose of this Exhibit is to define the relationship associated with the Program's funding of City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the "MCC"). This Agreement further defines the responsibilities of the City and Seattle -King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Kent will organize three citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled: motor oil, motor oil filters, petroleum based products, antifreeze, batteries, CFCs and other materials if determined to be cost effective. Responsibilities of the Parties The City The City shall develop and submit project proposals and budget requests to the Programs Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Fund Manager: a) An invoice (see Exhibit C). Invoices should be sent to the Fund Manager for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statements should include vendor names, a description of services provided, date paid and a check or warrant number. EHS3311— City of Kent 37 The City shall notify the Fund Manager no later than December 15th regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non -Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program -funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced — in part or in whole — with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Gina Hungerford at the City of Kent, 220 Fourth Ave. S, Kent, at (253) 856-5549, (ghungerford a)kentwa.gov) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator or Fund Manager should be referred to the LHWMP Program Director for resolution. Seattle -King County Department of Public Health Seattle -King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10) working days of receiving a request for reimbursement from the City, the Fund Manager shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The Fund Manager will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Fund Manager retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. Program Contacts Lynda Ransley LHWMP Program Director Madelaine Yuri LHWMP Fund Manager EHS3311— City of Kent M 150 Nickerson Street, Suite 204 Seattle WA 98109 206-352-8163 lynda.ranslev kingcounty.goy Paul Shallow LH W MP Contract Administrator Seattle, WA 98104 206-263-8487 paul.shallowkkiugcounty.gov 150 Nickerson Street, Suite 204 Seattle WA 98109 206-352-7128 madelaine. �kingcouutygov EHS3311— City of Kent 3 39 EXHIBIT B 2014 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Kent 220 Fourth Ave. S Kent, WA 98032 Component Description Budget Household Hazardous Waste Education Household Hazardous Waste Collection $32,278.87 TOTAL $32,278.87 EHS3311 — City of Kent EXHIBIT C 40 2014 INVOICE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: City of Kent 220 Fourth Ave. S Kent, WA 98032 To: Madelaine You, Fund Manager Local Hazardous Waste Management Program in Icing County Seattle -King County Department of Public Health 150 Nickerson St., Suite 204 Seattle, WA 98109 Contract #EHS3311 Period of time: 2014 to .2014. In performance of a signed Contract between King County and the City of Kent, I hereby certify that the following expenses were incurred during the above -mentioned period of time. Signature Date Component Description Budget Current Expenses Previous Charges Balance Household Hazardous Waste Education Household Hazardous $32,278.87 Waste Collection TOTAL $32,278.87 For Health Department Ilse Onlv FOR HEALTH DEPARTMENT USE ONLY Oracle Purchase Order #- Invoice Date Invoice # Amount to be paid Oracle Requisition # Oracle Receipt # Oracle CPA # Local Hazardous Waste Management Program Approval: Madelaine Yun IHW-NR-0100 Date EHS3311 —City of Kent 41 `� KE a T WASH INGTON Date: December 17, 2013 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: January 6, 2014 From: Gina Hungerford, Conservation Coordinator Through: Kelly Peterson, AICP, Environmental Conservation Supervisor Michael Mactutis, P.E., Environmental Engineering Manager Chad Bieren, P.E., City Engineer Subject: Contract with Olympic Environmental Resources for 2014/2015 Residential Recycling Collection Events Motion: Move to recommend Council authorize the Mayor to sign the Consultant Services Agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2014/15 in the amount of $185,551.00, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: Olympic Environmental Resources will provide assistance with the implementation of the City of Kent's Waste Reduction and Recycling Programs, including the spring, summer, and fall special recycling and collection events, outreach for business and multi -family waste reduction and recycling programs, rain barrel and compost bin sales and education to benefit the citizens and businesses of Kent. These programs provide a cost savings to Kent's residents and businesses. Budget Impact: This Consultant Contract will be funded 100% through the following grants: Department of Ecology Coordinated Prevention Grant, Seattle -King County Health Department Local Hazardous Waste Management Program Grant, and King County Waste Reduction and Recycling Grant. 42 This page intentionally left blank. 43 2014/15 Proposed Scope of Work City of Kent 2014/15 Residential Recycling Collection Events, Bin and Barrel Sales, Business Recycling Program Outreach, School Program Outreach, Multifamily Residential Recycling Program Outreach, and Grant Administration PRIME CONTRACTOR Olympic Environmental Resources (The Contractor) 4715 SW Walker Street Seattle, WA 98116 Phone: (206) 938-8262 Fax: (206) 938-9873 Email: pauldevine@msn.com Wilder Environmental Consulting PO Box 46188 Seattle, WA 98146 Phone: (206) 949-1787 Email: swilder@wilderenvironmental.com TASK 1: Residential Recycling Collection Events In 2014 and 2015 the Contractor will organize six citywide collection and recycling events in the City of Kent. The events will be held in March, June, and October. A) Materials to be collected and recycled: • Appliances+ • Refrigerators and Freezers+ • Ferrous Metals • Non-ferrous Metals • Scrap Wood* • Bulky Yard Debris* • Concrete, Asphalt, Rock, and Brick** • Tires+ • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Motor Oil • Motor Oil Filters 44 • Antifreeze • Petroleum Based Products • Paper Shredding** • Electronic/Computer Equipment/Cell Phones • Mattresses+ • Styrofoam • Car Seats +User fees may apply or the City may cover all user fees. *Collected in the spring ** Collected in the fall B) The following educational materials will be distributed at the events: • Information on City of Kent waste reduction and recycling programs • Information on the Local Hazardous Waste Management Programs Event Participants These events are intended for the residents of Kent but will be open to King County residents and will be coordinated with county -sponsored events to avoid overlap of service. No flatbeds or large dump trucks allowed. The Contractor reserves the right to refuse oversized, commercial, or contaminated loads. Event Promotion Event promotion will be accomplished in the following ways: • Distribution of a promotional flyer through direct mailings • Articles in the City newsletter publicizing events • Publicizing the events through the King County Solid Waste Division • Publicizing the events on the City's cable channel and website Proiect Evaluation The following measures will be used to evaluate the completion and success of the events: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Comparison of 2014/15 volumes and vehicles with prior year's events Timeline Tentative Event Dates — March, June, and October, 2014/15 January/April/August 2014/15 Event planning Work with City on finalizing event date Schedule vendor services February/ April/September 2014/15 Schedule vendor services Work with City on event flyer Coordinate with granting agencies on approval of the flyer 45 March/June/October 2014/15 Finalize planning Prepare site map Arrange event staff Work with City on available City services Arrange event equipment Arrange event deliveries Hold event April/July/November 2014/15 Prepare project reports Assist City in grant reimbursement process TASK 2: Sorina Compost Bin. Worm Bin, and Rain Barrel Sale The Contractor will organize a two or more compost bin, worm bin, and rain barrel sale at the direction of the City. The events will be held in March and if needed in June. The Contractor will bundle other City clients and solicit bids for the compost bins, worm bins, and rain barrels. The Contractor will arrange to have the bins and barrels delivered to the City Shops. The Contractor will implement one or more sales accompanied by educational outreach/technical assistance on backyard composting, vermicomposting, and rain barrel use. If the bins and barrels don't all sell at the March event an additional sale may be held at the June Recycling Collection Event. The sale/s will be advertised in the Recycling Collection Event flyers sent to all Kent households. The Contractor will sell the bins for $25 each and the rain barrels for $30 each or more as directed by the City. Each bin will include the educational manual, "Home Composting Made Easy" on grasscycling and backyard composting. The worm bins and rain barrels will include instructions on proper set-up and use. TASK 3: Business and School Recycling Outreach The Contractor will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the Kent commercial and school sector in 2014 and 2015. Program Activities: 1) Kent Business Recycling Printed outreach The contractor will work with the City to determine up to 2 methods of printed outreach to the business sector during 2014/15. This could include newsletters, postcards or ad space in local papers or chamber newsletters. 2) Kent Business and School Assistance To provide recycling assistance to Kent businesses and schools, the Contractor will deliver a Business Recycling Tool Kit to all Kent businesses expressing interest.The Contractor will provide assistance to City businesses on an on -call basis. The Contractor will track assistance to City businesses as required by King County. The Contractor staff will promote the website www.kentrecycles.com as a means to communicate with businesses and property managers regarding waste reduction and recycling. School assistance in 2014/15 will build on the success of past years and will expand wherever possible. 46 3) Kent Business Recognition To provide Kent businesses with motivation to prevent waste and recycle, The Contractor will manage the Kent Green Business of the Year Award. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to waste reduction, recycling, and the use of recycled -content products. As feasible, the Contractor will promote the winners, and other outstanding applicants programs as examples for other Kent businesses to model. 4) Business Website Assistance In 2014/15, the Contractor will respond to inquiries from City businesses from visits to the City's recycling website. In addition, all information and links posted to the site will be verified and updated as necessary. 5) Other outreach activities, as requested and as budget allows TASK 4: Residential Recycling Program Outreach The Contractor will promote waste reduction and enhanced recycling programs through the following program efforts with residents and property owners and managers: • Distribute City outreach materials: through direct mailings, City events, property manager outreach and door-to-door delivery • Provide on -site waste consultations and follow-up assistance • Respond to inquiries from residential communities • Work with City contracted haulers to promote recycling programs • Other outreach activities, as requested and as budget allows Proiect Goals and Obiectives • Promote residential participation in Kent recycling services • Promote cost-effective handling of the residential waste stream • Promote the purchase of recycled products to the residential sector • Promote use of www.KentRecycles.com. Proiect Evaluation The Contractor will monitor the success of the program by reporting the following: • Number of educational materials distributed • Number of residential communities that received technical assistance • Increase in the number of residential buildings participating in collection service of recyclables TASK 5: Grant Administration The Contractor will work with the City to provide grant administration and project reports for this Scope of Work. The Contractor will: • Track project expenses • Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work • Prepare reports for the grant program funding reimbursement • Prepare final reports as required by recycling program grants 47 Olympic Environmental Resources will be the prime contractor on this project and will subcontract a portion (Tasks 3 and 4) to Wilder Environmental Consulting. Olympic Environmental Resources and Wilder Environmental Consulting are available to implement additional projects at the direction of the City. 5 e 0000 0000s.s.00 00008888 0 000 oog o. 000. 000e. �,88e 8888�� 88888�R3 e �Qaa 889 5& °S`°S` ago H 101"I'l 8 8 8 � 8 a w o � R R R' R z o w 3 8 �s"S88e 0 0 0 0 0 8888� 0 0 o g g o �� 0 0 o 888888g3 0 0 0 0 0 8 8 8 o 0 0 0 0 o 0�� 0 0 0 o 0 D o 889 g 0 0 o. 5� 0 e$$ 0 o 0 0 o . 0 0 o 0 8P 0 0 0 8$'�"- 0 8 e M H e 5 � A g �5 w = A = y ro 6 3 v c a '� v z a, c" a" a" c 5 :n .6�' A o S S S_ z` "" t_ t a. ro 6 w w''z" ro a w w s '� w tl tl tl 5 M v" w�A .5 .5 A .e q .e U� a '� s ^ a = 'z" a �'� s tl tl tl 5 s tl a` .5 o w w w b a a a y H� w° Y� Y Y 3 y H 3 w 49 `� KE a T WASH INGTON Date: January 3, 2014 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: January 6, 2014 From: Alex Murillo, PE, Environmental Engineering Supervisor Through: Mike Mactutis, P.E., Environmental Engineering Manager Chad Bieren, P.E., City Engineer Subject: SR 516 to S 2315t Way Levee — Russell Road Upper North Reach Contract Change Order No. 1 Motion: Move to recommend Council authorize the approval of Change Order No. 1 to SCI Infrastructure, LLC in an amount not to exceed $194,059.46 for unanticipated construction costs on the SR 516 to South 231't Way Levee. Summary: Construction on the Russell Road Upper, North Reach began last summer and was substantially complete by the end of November, 2013. The project involves construction of a secondary levee near the Marina Pointe portion of the Lakes residential development. The work is required to meet federal levee safety standards for levee certification and eventually FEMA accreditation. This is the first levee project constructed by the City that will be entirely paid for by the King County Flood Control District. The work was completed through an Interlocal Agreement with a funding limit of $1.5 million. The interlocal agreement was not authorized by the King County Flood Control District until July 17, 2013 which gave the project a late start. The original construction contract was awarded to SCI Infrastructure for $583,462.54 and most of the levee was completed by late September 2013. During our record rainfall event on September 30, areas along the landward side of the levee eroded and needed to be repaired. Erosion control measures were installed at the time; however, due to the timing of the storm the damage was significant. While assessing needed repairs, it was determined that areas of the levee required more work than anticipated. Staff will present photos at the meeting that more clearly depict the issues we faced. Those areas were repaired and the levee is now completed and certified. Budget Impact: Following the City's procurement policy, we are reporting this change order to Council and providing back up information regarding the need for the unanticipated expenditure. The total project costs, including this change order, are within the $1.5 million budgeted for the project through funds from the King County Flood Control District. Accordingly the project is well within budget. With this change order included, total project costs are approximately $1.0 million. 50 This page intentionally left blank. 51 `� KE a T w>s HIHGTON Date: December 6, 2013 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: January 6, 2014 From: Nick Horn, Design Engineer Through: Chad Bieren, P.E., City Engineer Subject: Central Avenue South Improvements -Acceptance of Federal Grant Motion: Move to recommend Council authorize the Mayor to accept a Federal Grant in the amount of $300,000 for the Design Phase of the Central Avenue South Pavement Preservation Project and direct staff to establish a budget for the funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The pavement along South Central Avenue between Willis Street and the South Central Bridge has numerous cracks, rutting and patches and is in need of repair replacement. Because of the progressed deterioration of Central Avenue, this arterial requires more of a reconstruction than a simple overlay and will require appreciable design work including relocation of utilities before the road project can be advertised for bids. The road overlay itself will cost over $2 million. The future reconstruction project will repair failing pavement sections and provide a full width overlay of the roadway. The Public Works Department competed for and was awarded a $300,000 federal grant through the Puget Sound Regional Council for the Design Phase of the Central Avenue South Pavement Preservation Project. This funding will allow the City to complete the design and permitting phases of this critically needed improvement and will make this project more competitive for possible future federal grant funding opportunities. Budget Impact: The City will receive $300,000 of federal funding. The local match for this grant is 13.5% or $40,500. Funding for the local match could come from B&O Tax receipts, and would be needed as design progresses. 52 This page intentionally left blank. 53 Lynn Peterson Secretary of Transportation August 9, 2013 Mr. Tim LaPorte Public Works Director City of Kent 220 Fourth Avenue South Kent, Washington 98032-5838 Transportation Building 310 Maple Park Avenue S.E P.O. Box 47300 Olympia, WA 98504-7300 360.705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov City of Kent Central Avenue South Pavement Preservation STPUL-1071(006) FUND AUTI3ORIZATION Dear Mr. LaPorte: r CITY OF KI —ENGINEERNG We have received FHWA fund authorization, effective August 5, 2013, for this project as follows: PHASE TOTAL FEDERAL SHARE Preliminary Engineering $347,821 $300,000 Enclosed for your information and file is a fully executed copy of Local Agency Agreement LA-8224 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. FHWA requires projects utilizing federal funds for preliminary engineering or right of way to advance to construction. If this project is unable to proceed to construction, any expended federal funds must be repaid. WSDOT authorization to proceed with right of way and/or construction is contingent upon receipt and approval of your environmental documents. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Ssncsrely F Stephanie Tax Manager, Program Management Highways & Local Programs ST:jg:ac Enclosure cc! Ed Conyers, Northwest Region Local Programs Engineer, MS NB82-121 Washington state tDepartmen,of Transportation. f3� Agency City of Kent Address 220 - 4th Ave. S. Kent, Washington 98032 54 r CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Project No. S 5i4' 7 Agreement No. LA 8L 2< For OSC WSDOT Use only The Local Agency laving complied, or hereby agreeing to comply, with the terms and conditions set forth in (1)Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars-A-102, and A-133, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State,- subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Central Avenue South Pavement Preservation Length 0.73 miles Termini From Willis Street to South 262nd Street (Alder Lane) Description of Work This project will remove and rehabilitate the existing roadway pavement surface to add service life to the roadway between Willis St. and S. 262nd Street/Alder Lane. The project includes removal and replacement of failing pavement sections and a full -width asphalt concrete overlay of the entire roadway. . Type of Work Estimate of Funding Estimated Total Project Funds ) EstimatedAgency Funds t Estimated Federal Funds PE a. A enc 346 821.00 46 821.00 300 000.00 86.5 % b.Other a Other Federal Aid d. State Participation 1,000.00 1,000.00 Ratio for PE e. Total PE Cost Estimate a+b+c+d 347 821.00 47 821.00 300 000.00 Right of Way f. A enc % .Other h. Other Federal Aid Participation 1. State Ratio for RW J. Total R/W Cost Estimate f+ +h+i Construction k. Contract I. Other m. Other n. Other Federal Aid .State Participation Ratio for CN g. Total CN Cost Estimate k+I+m+n+o+ r. Total Project Cost Estimate a+'+ 347,821.001 47 821.00 300 000.00 Agency Icl' i By / Title pirectnro/f"P�nhlic Q.'��—_ _ Washington State De artment of T ansportation By a�J____ Director of Highways and Local Programs a Date Executed a ( Z I i ?:� DOT Form 14mn EF Revised 09/2011 55 Construction Method of Finanentg (check Method selected) State Ad and Award ❑ Method A - Advance Payment - Agency Share of total construction cost (based on contract award) ❑ Method B - Withhold from pas tax the Agency's share of total construction cost (line 4, column 2) in the amount of at $ Local Force or Local Ad and Award ® Method C - Aoencv cost incurred with Dartial reimbursement per month for months. The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on Resolution/Ordinance No. Provisions 1. Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. 11. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Govemment by the administration of this project. The Agency agrees that the State shall have the full' authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls .and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of nct less than three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition. _ 3. Project construction. In the event that right of way acquisition, or actual construction of the road, for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR 225 and Office of Management and Budget circulars A-102 and A-133. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. DOT Form 140-039 EF Revised 09/2011 2 56 The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal. aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR 225 - Cost Principles for State, Local, and Indian Tribal Government, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A —The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B— The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C— The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-133. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). Vlll. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal Office of Management and Budget (OMB) Circular A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of OMB Circular A-133. Upon conclusion of the A-133 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of Highways and Local Programs. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency's execution, DOT Form 140.039 EF Revised 0912011 57 performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26, The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U. S.C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CPR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal -Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be, bound by the above equal opportunity clause with respect to its own employment practices when it Participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpartD of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. DOT Form 140-039 EF Revised 09/2011 58 XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. - (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file, the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Additional Provisions DOT Form 140-039 EF Revised 09/2011 59 `� KE a T w>s HIHGTON Date: December 12, 2013 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: January 6, 2014 From: Mark Howlett, P.E., Design Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Kent Interurban Trail Connector Project - Acceptance of State Grant Motion: Move to recommend the Council authorize the Mayor to sign the grant agreement in the amount of $727,500 with the Washington State Department of Commerce for the Kent Interurban Trail Connector Project and to direct staff to establish a budget for the funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The City of Kent was awarded $727,500 through a direct appropriation from the Washington State Legislature Commerce Community Capital Facilities. This funding will allow the City to complete the design and construction of a bicycle connection between West Valley Highway and the Interurban Trail.. The project entails the design and construction of a shared use travel path along the south side of South 228th Street from the Interurban Trail, west to 68th Avenue South (West Valley Highway), approximately 1,800 feet in length. In addition to providing connection as part of the City's system of trails to bike lanes, it will provide a link between residential and office areas around 228th Street with the downtown commercial area. Budget Impact: The City will receive $727,500 of state funding. .E This page intentionally left blank. 61 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE a PO Box 42525 > Olympia, Washington 98504-2525 m (360) 725.4000 August 19, 2013 Nir. Kurt Hanson City of Kent 400 West Gowe Kent, WA 98032 Dear Mr. Hanson: Congratulations! Governor Inslee recently signed the 2013-2015 State Capital Budget, which includes an appropriation of $750,000.00 for the Kent Interurban Trail Connector project. The Department of Commerce, which will administer the project, will retain three percent (up to a maximum of $50,000) to cover our direct administrative costs. Accordingly, your net grant award will be $727,500.00. Prior to receiving funds, your organization will need to fulfill the following requirements: ® Provide documentation of your organization's financial ability to complete the project. All funds from sources other than the state must be expended, raised,, or secured by documented pledges or loans. ® Any property relevant to the project must be owned or secured by a long-term lease that remains in effect for a minimum of ten years following the final payment date. A lien on owned property is also required when receiving grants over $250,000. ® Prevailing wages must be paid for all construction labor costs incurred as of July 1, 2013. ® Possible review by the Washington State Department of Archaeology and Historic Preservation. Your project may need to comply with the state's green buildings standards (RCW 39.35D). Please fill out the enclosed Contract Readiness Survey and return it at your earliest convenience. Upon receipt, we will email you a comprehensive set of contracting guidelines to assist you with the contracting process. If you have any questions or need additional information, please contact Beth. Prihoda at (360) 725-5001. Sincerely, Diane Mont ,Assistant Director Community Services and Housing Division Enclosure 62 This page intentionally left blank. 63 `� KE a T WASH INGTON Date: December 5, 2013 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: January 6, 2014 From: Ken Langholz, Design Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Washington State Transportation Improvement Board Grant South 224th Street Improvements Phase 2 Motion: Move to recommend Council authorize the Mayor to accept a grant from the Washington State Transportation Improvement Board (TIB) for Phase 2 of the South 224th Street Improvement Project and sign a letter to the TIB requesting to combine Phases 1 and 2 into one project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: For the second year in a row the Public Works Department competed for and was successful in receiving a $5,000,000 grant from the Washington State Transportation Improvement Board for the City's South 224th Street Improvement Project. This year's award is for Phase 2 of the project, which will construct a 3-lane roadway between 88th Avenue South and 94th Place South. and a new bridge over Garrison Creek. Last year the City received $5,000,000 for Phase 1 of this project, which will connect the east and west sides of SR 167 with a new bridge. The future Phase 3 of the project will complete the 3 lane roadway up to the Benson Highway. This new roadway will be roughly 1.8 miles long, and will include curbs, gutters and sidewalks, a two—way left turn lane, planted center medians where possible, roadside planter strips, street lighting, undergrounding of overhead electrical facilities and storm water management facilities. It is being requested that the TIB combine Phases 1 and 2 into a single project for more efficient and cost effective project administration, design and construction. Budget Impact: The City's matching share for this grant will be paid out of Local Improvement District No. 363 payments and storm drainage funds. We also anticipate utilizing B&D funds as needed for pavement replacement and Transportation Impact fees as they become available following the SE 256th Street project. 64 This page intentionally left blank. 71B Members Councilmember Sam Crawford, Chair WM1omom County .uncilmemberleanne Burbidge, V. Chair City ofPedeml Way llm Albert C fk. of Fmdndol Moog gement Pasco Bakotich, P.E. WSDOT Todd Coleman, P.E. Port fvancaurcr xamleeo oava WSOOT Mark Frelberga, P.E. Ciry ofSedre-Woolley b4mmrlames Irish Ciryof LOCenter Councilmember R.E. Bob Olson City of Vennewick I aura Philbaot, P.E Ciry fsommamish Heidi Stamm HS Publi, Affair, Cammi,aianer Richard Stevenz Groot Caumry Harold Taniguchi Xing Count, Metro Tmnsir 7, k �. OW 1 a Ali- k r 4�` `F t �.` 4�'..: November 25, 2013 Mr. Tim LaPorte, P.E. Public Works Director City of Kent 220 - 4th Avenue South Kent, WA 98032-5838 Dear Mr. LaPorte: 65 m ef, Congratulations! We are pleased to announce the selection of your project, S 224th Street, 88th Ave S to 94th Ave S, TIB project number 8-1-106(031)-1. Total TIB funds for this project are $5,000,000, Your request for a sidewalk deviation for the project was approved. Before any work is allowed on this project, you must: ® Verify the information on the Project Funding Status Form, revise if necessary, and sign; aa Sign both copies of the Fuel Tax Grant Distribution Agreement; and ® Return the above items to TIB. John Vodc,kh You may only incur reimburseable expenses after you receive approval from TIB. Ciryfeonney Lake ,ay Weber In accordance with RCW 47.26.84, you must certify full funding by November 22, 2014 or Cowl, Road Administration Board the grant may be terminated. Grants may also be rescinded due to unreasonable project Ra' .fWa 1.P.S, elcvcle.Pllionceh w 4[a, ton delay as described in WAC 479-05-211. Im snohom=h"C.a"ty If you have questions, please contact Greg Armstrong, TIB Project Engineer, at (360) 586-1142 or e-mail GregA@tib.wa.gov. Sin Stcwan E. Gorcester ErecuGve 0ire[for 10 . Box 40901 Olympia, WA 98504-0901 Phone: 3W-586-1140 Fae: 360-SB6-1165 Stevan Gorcester Executive (Director Enclosures ltrvestirig in your local community This page intentionally left blank. 67 `� KE a T WASH INGTON Date: December 26, 2013 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: January 6, 2014 From: Timothy J. LaPorte, P.E., Public Works Director Subject: Information Only/Public Works — 2014 Work Plan No Motion Required/Information Only Summary: Staff will provide a brief update on the Public Works 2014 Work Plan. Budget Impact: None