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City Council Meeting - Council - Agenda - 08/04/2015
r nrmueui »nr �'U�1W�iNUDJlur r IVP /rr%/p/i%rlAm//// U%//o m w � . r //r rf r/ /G'/���r��//�� %r0�// ��/,)ll��✓ri/!/i ro�dll/YiiiiO/��.����lr' �,�;;/ �. v, r � rr l .�$� lf�r',p %/✓�i r�i/err / jj*' l(✓ 1 / rr/ v� off . 'U� /tj 9W+4�1/r MIM d" 411 i. w i i xExt�'� r, � . ,�✓ /! rr�i �a r irrayumJ��x. Ji ��iG� 6 ri „�" Ar adrcW„4„ This page intentionally left blank. 40 KENT CITY COUNCIL AGENDAS 1k August 4, 2015 wv . . `�..40.�✓ Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* COUNCIL MEETING AGENDA 5 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4. PUBLIC COMMUNICATIONS A. Historical Note from Kent's 125th Anniversary B. Public Recognition C. Community Events D. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT - Please state your name and address for the record. You will have up to three (3) minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. For more details regarding the public comment process, please refer to the section titled, "Public Comments," on the reverse side. 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Payment of Bills — Approve C. Excused Absence for Councilmember Dennis Higgins — Approve D. Appointment of the Financial Sustainability Task Force — Confirm E. Consultant Agreement with KBA Inc. — S. Central Construction Management —Authorize F. Overlay Project Change Order — ICON — Authorize G. Water District #111 Service Boundary Change Agreement - Approve H. 2014 Downtown Parking Sign Replacement — Accept as Complete I. 2015 Crack Sealing Project — Accept as Complete J. Grant Application Resolution to Recreation and Conservation Office for Turf Renovation at Hogan Park — Adopt (Continued) COUNCIL MEETING AGENDA CONTINUED 8. OTHER BUSINESS A. 2015 LTGO Refunding Bonds Ordinance — Adopt B. Fireworks Advisory Proposition Pro and Con Committees — Appoint 9. BIDS A. Briscoe-Desimone Levee Improvements Reach 4 — Award 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the website at KentWA.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253.856.5725. For TDD relay service, call the Washington Telecommunications Relay Service at 1.800.833.6388. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Historical Note from Kent's 125th Anniversary B) Public Recognition C) Community Events D) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through J. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular council meeting of July 21 2015. This page intentionally left blank. \ ' '",T w *"'� k'EwvS Kent City Council Workshop Minutes July 21, 2015 The workshop meeting was called to order at 5:04 pm by Council President Ralph. Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, and Ranniger. Council President Ralph noted that Councilmember Thomas will not be here and Councilmember Ranniger will be late. Metro Transit's Lona-Ranee Plan — Monica Whitman, Senior Transportation Planner introduced Stephen Hunt, Project Manager, Metro Transit Long Range Plan. Hunt reviewed what the long range plan is and where Metro is in the process. He noted that the plan will help the County grow by providing higher levels of detail for frequent and alternative services. He added that the long range plan includes regional coordination. He added that Sound Transit and Metro have begun their coordinated transit planning which assumes a shared regional vision for the County. He presented the long range plan timeline and noted that the final plan is expected to be presented in October 2016 when the King County Council considers and adopts the final Long Range Public Transportation Plan through the legislative process. Councilmember Ranniger arrived at 5:11 p.m. Hunt communicated what has been done thusfar. He stated that there have been advisory committees/groups formed including a technical and community advisory group to determine what the right mix of the services would be. He noted that there have been two surveys done with over 3,000 results tallied from 38 different cities. He stated that there have been three community vision events and joint open houses with Sound Transit. He pointed out the steps that will be taken to get to the draft preferred concept completed by spring of 2016. He reviewed the service tradeoffs, advantages and disadvantages between frequent, express, and local transit services. He noted that the draft long range plan will be ready in August. Councilmember Higgins thanked Hunt for attending the workshop. He stated that one concept he has brought up at the Regional Transit Committee is that Kent has good core services including connectivity with the airport, Seattle, and Tacoma. He mentioned the high number of Metro commuter routes being run and wondered why so many are needed for downtown Seattle. He said it makes sense to run routes from Covington to the Sounder station allowing those individuals to transfer to get to downtown Seattle. Hunt responded that Metro is open to listening to these type of suggestions for frequent scenarios as meetings continue. Hunt communicated that the task force is looking at service guidelines, overcrowding, and performance. Councilmember Fincher inquired about the local service and Hunt replied that ridership is low due to the infrequency of the routes. He stated that having to wait long periodsof time for a bus is not useful to residents and often lowers ridership. Hunt also replied to Councilmember Fincher and said that the long range plan framework doesn't address specific stops, it addresses higher levels of service and the street network. Kent City Council Workshop Meeting Minutes Councilmember Fincher verified with Hunt that they do look at demographics now, changes in the future, and how well services assist people in certain areas. Council President Ralph discussed ridership information as it pertains to age groups. Councilmember Higgins noted that he is having a hard time keeping track of the various studies being done at Metro right now. He inquired about the alternative services plan, how it would look, and how it wraps into the long range plan. Hunt responded that the task force wants to determine how to best meet the needs of the people who don't have any way to get to Metro Transit. He added that Metro is looking at ways to expand the program that addresses people who have a hard time accessing the system and discussed a possible enhancement to the carpool system. Council President Ralph communicated that she was pleased to see the integration between Metro and Sound Transit in the presentation. Fireworks — Council President Ralph introduced the topic of fireworks and said the data collection has been done and it is time to move forward. She said the City can either do nothing, adopt an Ordinance similar to Auburn concerning fireworks that go up in the air, discuss a total ban to include public displays or have a provision to have public displays continue. She suggested having the Law Department present two options; one to do a full ban and one to do a ban to exclude public displays. She added that if a ban is done today the law doesn't go into effect until July 2017. Councilmember Berrios stated that he was out on the streets on July 4 with the Police Chief and observed what was happening in the community. After July 4, he knew something needed to be changed. This year, he said, was the first year he stayed home to experience July 4 in Kent. He stated the the City can't take the status quo approach and he understands why people are upset. He favored a total ban on the sale and discharge of fireworks in Kent with exemption of the Lake Meridian Fireworks display. He discussed an event involving a gunshot and the police contending with the noise of the fireworks while trying to coerce and individual from their apartment. He stated that Sergeant Hollis was the police officer in charge of the event and asked that Sergeant Hollis make a statement. Sergeant Hollis, Kent Police Officer communicated that the police were dispatched around 10 pm to the Maple Lane Court apartments. He stated that his officers approached the complex with fireworks going off and tried to hail the person out of the apartment. He stated that because of the fireworks, which sounded like mortars, it was difficult to communicate and for the subject to hear the announcements that were communicated to him. Councilmember Higgins inquired what the proximity of the people shooting fireworks were. Hollis noted that the people shooting off fireworks were about 50 yards away from the police officers. He stated that the people to the north of the event didn't even know what was going on because of the fireworks. Councilmember Berrios noted that there were 38 fireworks infractions and three arrests. Hollis noted that the offenders in three of the four infractions he reviewed were from cities other than Kent. Councilmember Berrios also noted that Officer Steffis responded to a knife fight call and he was the only officer on that call at 260th and Highway 99 and he had issues communicating 2 Kent City Council Workshop Meeting Minutes because of the loudness of the fireworks. He also stated that Steffis wrote four citiations and three of the offenders were from out of town. Councilmember Ranniger recommended that this be discussed during a full City Council meeting because the meeting starts at 7 pm, giving the public the opportunity to come and speak as well. Councilmember Boyce stated that there are 125,000 residents in Kent and he received about 20 emails and 4 people spoke to the Council. He said he listened to the Public Safety Committee meeting, but inquired as to what the problem is that the City is trying to solve. He stated that he isn't for or against a fireworks ban and would like the opportunity to have people come and speak to this to gather more facts and data. He felt that every voice needs to be heard and the Council needs to figure out what the problem is that they are trying to solve. He agreed with having this heard at a regular Council meeting. Council President Ralph stated that a draft ordinance will give the public a chance to have something to look at. She added that Councilmember Thomas felt this should be deliberated by the Council after January 2016 because there will be at least one new councilmember on the Council. Councilmember Fincher communicated that she wants this to be discussed at a 7 p.m. regular meeting and wants to hear the rationale to support or ban fireworks. Councilmember Boyce noted that if a ban is done this year or not it won't be effective until 2017. He felt the Council should take its time and make the right decision for the City. Councilmember Berrios suggested having a public meeting concerning fireworks and said it's time for the Council to ask the community their opinion. Chief Administrative Officer Derek Matheson communicated that King County Elections charges on a participation basis. He noted that if there is an item on the ballot already the cost is close to zero. However, if there is nothing currently on the ballot the cost would be about $66,000. He also noted that it is possible to put something on the ballot, but the resolution would need to be submitted to King County before August 4. He also explained that the referendum would be an advisory item and it would be a charge to the residents to begin the petition process. He also explained that there could be a special meeting prior to the August 4 meeting to adopt the resolution and the August 4 meeting would be to name the pro/con committees. Councilmember Boyce communicated that it is the will of the people and he believes that it's the right thing to do. Councilmember Berrios added that he agrees and would like this to be heard in November. Councilmember Ranniger stated that she also agrees that this should go forward and a full ban still wouldn't go into effect until 2017 if that is what is decided. Councilmember Fincher communicated she would like to move forward with this process. 3 Kent City Council Workshop Meeting Minutes Assistant City Attorney Pat Fitzpatrick noted that this is a tight timeline, but it can be done. He reviewed the timeline for having a ballot measure with Council President Ralph. He noted that the Council needs to be clear what the language on the resolution would be and suggested that events, based on statutes, be specifically called out as being permitted and not permitted. Councilmember Boyce stated he would like to keep things simple. He stated he would either like to ban fireworks or let them happen. However, he stated that he would like to see the public events like the City's "Splash" event remain. Councilmember Higgins noted that the language on the ballot would discuss specialty permits for fireworks events. Councilmember Berrios added that it should include the sale, possession, and discharge of fireworks. He also added that it would include that the Fire Marshal inspect the fireworks being sold. Council President Ralph also noted that the language in the resolution should include environmental concerns, PTSD, and how fireworks affect animals. Councilmember Fincher noted that the specialty licensed shows should be allowed. Councilmember Berrios thanked Council President Ralph and the rest of the Council for their work on this. He thanked the City staff for working on the information for the Public Safety Committee meetings. He noted that the data was helpful in validating what he witnessed that day. Councilmember Higgins communicated that it should be noted that if a ban is put into place it won't be effective until July 4, 2017 by state law. He stated he is comfortable that this is going to a vote of the people. Meeting adjourned at 6:18 pm. Ronald F. Moore, MMC City Clerk 4 KE O T N(p5N O'I'U 1 Kent City Council Meeting Minutes July 21, 2015 The regular meeting of the Kent City Council was called to order at 7 pm by Mayor Cooke. Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, and Ranniger. CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF. Chief Administrative Officer Derek Matheson recommended adding an excused absence for Councilmember Thomas to the Consent Calendar under item 73 and adding the Comprehensive Plan Economic and Community Development Committee Public Hearing to Other Business under item 8A. PUBLIC COMMUNICATIONS A. Historical Note from Kent's 125th Anniversary — Ed Reitan, Jr. communicated that he has been a resident of Kent for 78 years and is a member of the Greater Kent Historical Society. He discussed the life and story of Morris "Red" Badgro. Badgro was a four-time NFL All-Pro and Major League Baseball player that was born in Orillia and lived in Kent until his passing in 1998. Badgro was an assistant football coach at the University of Washington and is also in the NFL Hall of Fame. B. Public Recognition — Mayor Cooke announced that Tammy White, Assistant City Attorney is the City of Kent employee of the month. C. Tacoma Stars Introduction — Council President Ralph introduced the Tacoma Stars Owner, Lane Smith who presented Council President Ralph and the Council with an official team soccer ball. Smith discussed the Tacoma Stars' 10 game season at the ShoWare Center. D. Introduction of the Financial Sustainability Task Force Members - Mayor Cooke introduced the Financial Sustainability Task Force members. Mayor Cooke noted that Lamont Williams has accepted the responsibility of being the chair of the task force. E. Introduction of Youth for Appointment to the Kent Arts Commission — Mayor Cooke highlighted the two new youth members of the Kent Arts Commission and that both of them are juniors in high school. F. Introduction of Eagle Creek Neighborhood Council — Mayor Cooke introduced Toni Azzola, Neighborhood Program Coordinator who presented Eagle Creek neighborhood. Mayor Cooke presented a Certificate of Recognition to the Eagle Creek Neighborhood Council President. G. Community Events — Mayor Cooke thanked all of the volunteers who assisted with Kent Cornucopia. Kent City Council Meeting Minutes Council President Ralph discussed the events coming up at the ShoWare Center. H. Proclamation for National Parks and Recreation Month — Mayor Cooke read the proclamation for National Parks and Recreation Month and presented it to Jeff Watling, Parks and Recreation Director. Watling discussed the City's programs and thanked the Mayor for the proclamation. He highlighted an online survey at www.mvkentoarks.com for the public to fill out as a part of the Parks Open Space study. I. Proclamation for National Niaht Out — Mayor Cooke introduced John Pagel, Police Department. Pagel highlighted the National Night Out event on August 4. He stated that there are 72 events currently registered and are expecting about 30 or 40 more. He noted that Kent was 8th in the nation last year in cities of comparable size. He thanked the Mayor for the proclamation. J. Public Safety Report — Mayor Cooke introduced Acting Police Chief Rafael Padilla who gave the Public Safety Report. He presented a year-to-year crime comparison and noted that crime in the City is lower this year in five of the six categories. He stated that commercial burglaries are up 3 percent compared to last year. He noted that there were no significant issues or acts of violent crime during Kent Cornucopia Days. He highlighted that the department is going through the Washington Association of Sheriffs and Police Chiefs (WASPC) accreditation process and all that it involves. He discussed Fair and Impartial Policing training in the City and that the program involves dealing with implicit biases. The first phase of training was done with the leadership, to include the Chief, Mayor, and several Councilmembers. He also noted that several regional partners were included in the second phase, and the third phase will be given to the police staff on August 21. K. Intergovernmental Reports — Council President Ralph communicated that the South King County Area Transportation Board met this morning. The meeting included a presentation from the Eastside Transportation Group concerning a potential conference on October 9 focusing on new means of training such as driverless cars. She also noted that a Puget Sound Regional Council member discussed a travel survey which concluded that the ways in which people travel changes, and is dependent upon their demographic. Councilmember Higgins stated that Monica Whitman attended the King County Regional Transportation Committee meeting on his behalf and that many things were discussed. The discussion included alternative travel times, ensuring that park-n-rides have enough parking spaces to meet demand and bus availability at different times throughout the day. He added that he attended the Sound Cities Association Board of Directors meeting and they discussed the Best Starts for Kids proposed property tax levy. He stated that the SCA PIC agreed on the ballot measure. He noted that a letter was sent to King County to ensure that the areas in need will receive the funds. Councilmember Fincher noted that the King Conservation District food grant program is going strong. She noted that there are 38 applications on the table competing for the funds. She communicated the process for the grant award and noted that they will be awarded in October. She noted that there is also grant money going out for urban 2 Kent City Council Meeting Minutes forestry and there will be an announcement when grant applications for that are available. She stated that there was discussion on revisions to the board appointment process to allow for more people to run for positions on the board. There will be no KCD meeting in August and the next meeting will be in September. Councilmember Boyce noted that the next meeting of the Sound Cities Association Public Issues Committee is September 12. PUBLIC HEARING A. 2016-2021 Six-Year Transportation Improvement Proaram (TIP) Resolution — Public Hearina. Monica Whitman, Senior Transportation Planner presented the 2016 — 2021 Six Year Transportation Improvement Program (TIP) she noted that this is a short-range planning program which highlights the grants the City will be applying for in the future. She noted that in order to apply for grants, the projects need to be in the TIP. She stated that there are two new projects in the TIP and they are the 1't Avenue North Improvements and the 80th Avenue South widening project. She noted that some of the projects have been removed because they were on the TIP for over a decade and it needs to be more of a working document. Therefore, 18 projects and three city-wide programs have been removed, such as the Neighborhood Traffic Calming Program, due to a lack of funding. Councilmember Higgins emphasized that there were extensive discussions on this and ensured that the projects removed from the TIP are still in the transportation master plan. He stated that removal was done for prioritization. Whitman communicated that the TIP contains 19 street projects and eight citywide programs for a total amount of $176 million. She communicated the next steps of the TIP. Mayor Cooke noted that street preservation is included in the TIP at a cost of $72 million. Mayor Cooke opened up the public hearing. 1. Mel Roberts, Kent — Roberts communicated that transportation and bicycling is a big deal and hopes that there will be some things put into place to support bicycle integration on City roads. Councilmember Higgins moved to close the public hearing, seconded by Council President Ralph. Motion carried 6-0. The public hearing was closed. Councilmember Higgins moved to adopt Resolution No. 1911, approving the 2016 - 2021 Six-Year Transportation Improvement Program, seconded by Council President Ralph. Motion carried 6-0. PUBLIC COMMENT 3 Kent City Council Meeting Minutes None. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through J, seconded by Councilmember Boyce. Motion carried 6-0. A. Approval of the Minutes — Approve. The minutes of the workshop and regular Council meeting of July 7, 2015 were approved. B. Appointment of the Financial Sustainability Task Force — Confirm. The Council confirmed the Mayor's appointments of Lamont Williams, Tom Smith, Ricki Robinson, Andrew Hough, April Santa Rosa, Delores Christianson, Richard Wilkinson, Ross Hardy, Jerry Coupe, Michael Johnson, Atama Anand, Dennis Manes, Lew Sellers, Alan Gray and Mohinder Sohal to the Financial Sustainability Task Force. C. Appointment to Kent Arts Commission Youth Representatives — Confirm. The Council confirmed the Mayor's appointments of Emily Taskey and Thomas La Guardia to the Kent Arts Commission as Youth Representatives for a one-year term. D. Ten Year Interlocal Aareement with Water Resource Inventory Area (WRIA) 9 — Authorize. The Mayor was authorized to sign an Interlocal Agreement (ILA) for the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area (WRIA) 9 (which includes portions of Water Resource Inventory Areas 8, 10, and 15). E. Consultant Agreement with R2 Resource Consultants for Mitigation for the Mill Creek Reestablishment Proiect — Authorize. The Mayor was authorized to sign a Consultant Services Agreement with R2 Resource Consultants, Inc. in an amount not to exceed $76,319 to prepare a wetland mitigation plan for the Mill Creek Reestablishment Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. Grandview Apartments Slope Easement and Staging Area License Agreement — Authorize. The Mayor was authorized to execute all necessary documents to grant a slope easement and temporary license agreement on city property adjacent to the Grandview Apartments, LLC development for grading and staging area purposes. G. Multifamily Tax Exemption Code Amendment Ordinance — Adopt. Ordinance No. 4157, amending Section 3.25.040 of the Kent City Code relating to the project eligibility requirements and entitled "Multifamily Dwelling Tax Exemptions" was adopted. H. Critical Areas Ordinance and Flood Hazard Regulations Ordinance — Adopt. Ordinance No. 4159, amending Chapter 11.06 KCC, Critical Areas Ordinance, and Ordinance No. 4158, amending Chapter 14.09 KCC, Flood Hazard Regulations were adopted. 4 Kent City Council Meeting Minutes I. Neiahborhood Council Resolution — Eaale Creek — Adopt. Resolution No. 1912, recognizing the Eagle Creek Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City's neighborhood program was adopted. J. Excused Absence for Councilmember Les Thomas. An excused absence for Councilmember Thomas as he is unable to attend the City Council meeting of July 21, 2015. OTHER BUSINESS None. BIDS A. Comprehensive Plan — Economic & Community Development Committee Public Hearing, Charlene Anderson, Planning Manager communicated that the City has been working on the Comprehensive Plan update. She noted that the Land Use and Planning Board already had their public process on the plan. There are some proposed changes based on comments from the Puget Sound Regional Council and Department of Commerce. Therefore, one additional public hearing will be required. She added that staff is suggesting that the Economic and Community Development Committee hold the public hearing rather than the Land Use and Planning Board. Councilmember Boyce moved to authorize the Economic and Community Development Committee to hold any additional public hearings required to consider further amendments related to the comprehensive plan update, including amendments to the land use plan and zoning districts maps, as well as amendments to goals, policies and text, seconded by Councilmember Berrios. Council President Ralph said she is very appreciative of the work the Land Use and Planning Commission has done. Councilmember Boyce stated that Charlene Anderson has done a great job with this and he appreciates her work. A vote was taken on the motion on the table which carried 6-0. B. North Park Drainaae Improvements: W. Cole Street to W. Cloudy Street between 2—" Avenue N. and V Avenue N. — Award. Mayor Cooke discussed the bid award. Tim LaPorte, Public Works Director added the specifics of the project and noted that there will be catch basins installed as well as asphalt paving in the alleyway. He noted that Miles Resources was the low bidder. Councilmember Higgins moved to award the North Park Drainage Improvements: W. Cole Street to W. Cloudy Street between 2"" Avenue N. and 5 Kent City Council Meeting Minutes 3`d Avenue N. Project, to Miles Resources, LLC in the amount of $237,889.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Ralph. Motion carried 6-0. Mayor Cooke congratulated the North Park Neighborhood Council who kept the pressure on the City to have this project started. C.Traffic Control System Traffic Signal Display Modifications Proiect - Award. Tim LaPorte, Public Works Director communicated that this project consists of traffic signal display modifications at approximately nine intersections within the downtown core area of Kent. This project will be to display flashing yellow arrows for permissive left turn movements. He noted that the project is fully funded by a federal grant (Highway Safety Improvement Program) and West Coast Signal was the lowest bidder. Councilmember Higgins moved to award the Traffic Control System Traffic Signal Display Modifications Project to West Coast Signal, Inc. in the amount of $105,425.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Fincher. Motion carried 6- 0. D. Kent Commons Re-roofina Proiect - Award. Jeff Watling, Parks and Recreation Director highlighted this project. He noted that there were four bids and Wayne's Roofing is the lowest bidder. Councilmember Ranniger moved to award the Kent Commons Re-roofing Project to Wayne's Roofing, Inc. in the amount of $521,220.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Parks Director, seconded by Councilmember Higgins. Motion carried 6-0. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. - Council President Ralph noted that there was a presentation from King County Metro concerning their long-range plan at tonight's workshop. She stated that they are looking at their services and are working with Sound Transit to ensure the process is regional. The second workshop discussion was on fireworks and a decision was made to have an advisory measure placed on the November ballot. She stated there will be a tentative special Council meeting next Tuesday at 5:30 p.m. B. Mayor. - Mayor Cooke thanked the City's elected officials in the legislature for their work in securing the funding for capital projects here in Kent. She mentioned the funding for the Lake Meridian dock, the possible integration and building of a Kent YMCA, and a bicycle connector trail to the Interurban Trail on 2281h. She discussed Governor Inslee's carbon tax proposal. 6 Kent City Council Meeting Minutes C. Chief Administrative Officer. — Chief Administrative Officer Matheson communicated that the Chief Administrative Officer Report was in the packet and there is no executive session. D. Economic & Community Development Committee. — No report. E. Operations Committee. — Council President Ralph stated that the major action item at the Operations Committee meeting was to move forward with the refunding of bonds since the City's rating was lowered by two points. F. Parks and Human Services Committee. — Councilmember Ranniger discussed the $500,000 that was granted by the legislature for the initial design and exploration of a Kent YMCA. She stated she is hopeful that the YMCA will be able to locate here in Kent to replace the City's aging aquatic center. G. Public Safety Committee. — Councilmember Berrios stated that on July 14 the committee met and did a post July 4th recap. He stated that he is pleased with the process over the last week and wants people to understand that the Council is listening to their concerns. He recently was convinced that the City needed to take some action on the matter, and is pleased it will be on the November ballot as an advisory proposition. He thanked the City staff for not hesitating to do what is right and acknowledged that this is going to be major project for the City staff this week. H. Public Works Committee. — In the minutes. I. Regional Fire Authority. — No report. EXECUTIVE SESSION None. ACTION AFTER EXECUTIVE SESSION None. ADJOURNMENT The meeting adjourned at 8:44 pm. Ronald F. Moore, MMC City Clerk 7 This page intentionally left blank. Agenda Item: Consent Calendar 7B 7B. Approval of Bills: Approval of payment of the bills received through June 30 and paid on June 15 and June 30 after auditing by the Operations Committee on July 21, 2015. Approval of checks issued for vouchers: Date Check Numbers Amount 6/15/2015 Wire Transfers 6281 - 6300 $1,889,982.70 6/15/2015 Regular Checks 693677 - 694088 $1,802,720.45 Void Checks ($0.00) 6/15/2015 Use Tax Payable $6,376.74 $3,699,079.89 Approval of checks issued for vouchers: Date Check Numbers Amount 6/30/2015 Wire Transfers 6301 - 6312 $1,399,648.99 6/30/2015 Regular Checks 694089 - 694496 $6,125,759.74 Void Checks ($547,33) 6/30/2015 Use Tax Payable $3 628.45 $7,528,489.85 Approval of checks issued for payroll for June 1 through June 15 and paid on June 19, 2015: Date Check Numbers Amount 6/19/2015 Checks none $0.00 Voids and Reissues 6/19/2015 Advices 348413 - 349232 $1,394,639.25 $1,394,639.25 Approval of checks issued for payroll for June 16 through June 30 and paid on July 2, 2015: Date Check Numbers Amount 7/2/2015 Checks none $0.00 Voids and Reissues 7/2/2015 Advices 349233 - 350072 $1,423,057.86 $1,423,057.86 This page intentionally left blank. KE'* [ a Agenda Item: Consent Calendar - 7C TO: City Council DATE: August 4, 2015 SUBJECT: Excused Absence for Councilmember Dennis Higgins - Approve MOTION: Approve an excused absence for Councilmember Higgins as he is unable to attend the City Council meeting of August 4, 2015. SUMMARY: Councilmember Higgins is unable to attend the City Council meeting of August 4, 2015. RECOMMENDED BY: Council President Ralph YEA: N/A NAY: N/A BUDGET IMPACTS: N/A This page intentionally left blank. K.EN`I' � �� Agenda Item: Consent Calendar - 7D 'MnvviA in+;U YfJm TO: City Council DATE: August 4, 2015 SUBJECT: Appointment of the Financial Sustainability Task Force - Confirm MOTION: Confirm the Selection Committee's appointments of Jerry Coupe, Lamont Williams, Tom Smith, Ricki Robinson, Andrew Hough, April Santa Rosa, Delores Christianson, Richard Wilkinson, Ross Hardy, Michael Johnson, Atama Anand, Dennis Manes, Lew Sellers, Alan Gray, Mohinder Sohal, Elmo "LaMont Palmer, Parwinder Dhanda and Marcia "Lisa" Bartholomew to the Financial Sustainability Task Force. SUMMARY: We are pleased to recommend appointment of the following people to the City's Financial Sustainability Task Force: Jerry Coupe resides in The Lakes community and is retired from finance and IT fields. Jerry will chair the Financial Sustainability Task Force. Atama Anand is a resident in the Park Orchard neighborhood is employed as a Senior Financial Analyst for Providence Health & Services. Marcia "Lisa" Bartholomew is the owner/Chief Financial Officer of a multi-state, locally home-grown family-based courier service. Delores Christianson owns the property and business and was a Finance Manager for Central Avenue Mini Storage. Parwinder Dhanda is a business owner and operator, Real Estate Broker, and Economic Forecaster. Alan Gray is a West Hill resident in the Star Lake neighborhood, owns a CPA business in downtown Kent. Ross Hardy lives in the Panther Lake area and works as a Senior Analyst for the Starbucks Coffee Company. Andrew Hough resides near East Hill Elementary and is an IT professional at EMC. Michael Johnson is an active resident in the Mill Creek Neighborhood Council, and is retired from the Boeing Company where he worked in engineering and management. Dennis Manes lives downtown at The Platform, is the General Manager of Republic Services and President of the Chamber of Commerce. Elmo "LaMont" Palmer is retired from Boeing where he was a Programmer, Systems Analyst, and Manager in the Financial Services Division. Ricki Robinson lives in the Park Orchard neighborhood and is employed by the King County Housing Authority. April Santa Rosa is co-owner of Valley Floor Company located in Kent and serves on the Kent Chamber of Commerce Board of Directors. Lew Sellers resides in the Mill Creek neighborhood and is retired from the IT field and serves on the Kent Public Facilities District Board. Mohinder Sohal lives on Kent's East Hill, owns several businesses and is a tax preparer. Tom Smith is an East Hill resident who lives near Sunrise Elementary and is a police officer for the City of Renton. Richard Wilkinson resides in East Hill's Tudor Square neighborhood and is a retired IT Manager. Lamont Williams is an East Hill resident living near Daniel Elementary and is the Pastor for Restoration Life Church. EXHIBITS: None RECOMMENDED BY: Mayor Suzette Cooke YEA: N/A NAY: N/A BUDGET IMPACTS: None KE N T Agenda Item: Consent Calendar — 7E ., .text. TO: City Council DATE: August 4, 2015 SUBJECT: Consultant Agreement with KBA Inc. — S. Central Construction Management —Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with KBA Inc., in an amount not to exceed $600,000, to provide construction management services for the Central Avenue S. Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Central Ave. S. Pavement Preservation and Utility Improvement Project is located on Central Ave S. between Willis Street and the Green River Bridge. This is a federally funded project that will provide pavement rehabilitation between Willis St. and the Green River Bridge. The project will also include new curb, gutter, and sidewalk replacements, upgrades the existing 6" water main to a 12" main, and provides cured-in- place lining of the existing sanitary sewer main. This year has been a very productive year in the Public Works Department with over 10 projects anticipated to be under construction this summer and fall. The Construction Engineering section needs additional help to manage all of these projects. Therefore, it is necessary to hire a consultant for the Central Avenue project. Through our selection process and interview with three separate consultants we selected KBA, Inc. KBA, Inc. is a Construction Management firm based in Bellevue that specializes in managing Federally Funded Capital Improvement Projects in the Puget Sound Region. EXHIBITS: Consultant Services Agreement with KBA Inc. RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: BUDGET IMPACT: Funding for this work is included in the federal grants and B&O funds. This page intentionally left blank. Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: LA 8224 Firm/Organization Legal Name (do not use dba's): KBA, Inc. Address Federal Aid Number 11201 SE 8th St., Suite 160, Bellevue, WA98004 STPUL-1071 (006) UBI Number Federal TIN or SSN Number 601-426-427 91-1581416 Execution Date Completion Date September 1, 2016 1099 Form Required Federal Participation ❑ Yes No Yes ❑ No Project Title Central Ave. S. Pavement Preservation and Utility Improvements Description of Work The Consultant shall provide Construction Management services for the project. ❑ Yes M No DBE Participation Total Amount Authorized: $600,000.00 ❑ Yes 0 No MBE Participation Management Reserve Fund: $0.00 ❑ Yes 0 No WBE Participation Maximum Amount Payable: $600,000.00 ❑ Yes 0 No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation INot used Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit Cr Certification Documents Exhibit 11 Liability Insurance Increase INot used Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: LA 8224 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 411012015 THIS AGREEMENT, made and entered into as shown in the "Execution Date"box on page one (1) of this AGREEMENT, between the hereinafter called the "AGENCY," and the "Firm/Organization Name"referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof,the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: LA 8224 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 411012015 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT,the amounts authorized to each firm and their certification number will be shown on Exhibit`B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required,that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C— Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Eric Connor Name: Sam Schuyler Agency: City of Kent Agency: KBA, Inc. Address: 220 4th Ave. S. Address: 11201 SE 8th St., Suite 160 City: Kent State: WA Zip: 98032 City: Bellevue State: WA Zip: 98004 Email: econnor@kentwa.gov Email: sschuyler@kbacm.com Phone: (253) 856-5533 Phone: (425) 455-9720 Facsimile: (253) 856-5600 Facsimile: (425) 455-9732 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: LA 8224 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 411012015 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfi.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus afixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1. Direct(RAW) Labor Costs: The Direct(RAW) Labor Cost is the direct salary paid to principals, professional,technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.)for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultanIR ttes@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air,train, and rental car costs) in accordance with W SDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: LA 8224 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 411012015 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work,the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IN entitled "Termination of Agreement." 5. Management Reserve Fund(MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Changes of Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Changes of Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT The billings will be supported by an itemized listing for each item including Direct(RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW) Labor costs for CONSULTANT employees,the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct(RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: LA 8224 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 411012015 D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States,for a period of six (6) years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6)year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, W SDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions"herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: LA 8224 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 411012015 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: LA 8224 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 411012015 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs,final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT, provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: LA 8224 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 411012015 XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b)the STATE and/or AGENCY,their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT, provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY'S, their agents', officers' and employees'failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: LA 8224 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 411012015 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of anew sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1)used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance,the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with,the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Eric Connor Agency: City of Kent Address: 220 4th Ave. S. City: Kent State: WA Zip: 98032 Email: econnor@kentwa.gov Phone: (253) 856-5533 Facsimile: (253) 856-6500 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IN "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: LA 8224 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 411012015 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions"until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment,"hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit"G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III"General Requirements"prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: LA 8224 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 411012015 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY, or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT;the purpose(s)for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: LA 8224 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 411012015 Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or(b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such,the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants'information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT,the CONSULTANT shall keep, retain and maintain all "documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6)year retention period. For purposes of this AGREEMENT, "documents"means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: LA 8224 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 411012015 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESP' means any and all computer data or electronic recorded media of any kind, including"Native Files",that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint,Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones,thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and/or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one (1) of this AGREEMENT. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: LA 8224 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 411012015 Cllent#:.322877 KBAINC ACC3RL}„ CERTIFICATE OF LIABILITY INSURANCE DATEIMMJDDNN Y) 710112015' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS ?FiTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES _LOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT 13ETWE.EN THE.ISSUING UNSURE BIG),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND T'HE.CERTIFICATE HOLDER, IMPORTANT:if the certificate holder Is an ADD1710NAL INSURED,-the policyjies)must be endorsed.If SUBROGATION IS WAIVED,subject to the tenors and conditions of the policy,ce19adn pallrles may require an endorsement.A Statement on this certificate does not center rights to the certificate holder In,far of such endorsemerut(sj. PCODUCEn co rncT I NAME: Kibble & Prentice„a USI Co PR PHONE (Ale, rc.. Fnx Ns,HA,I 206 441.6300 A NQ 619 362 8528 60�1 Union Street, Suite 10Q0 A"MAId. _....... ........ ADDRESS, pl.certrequest&pcom.corn _ Seattle,WA 981011 .. ,. ..._ _ IN.,U PER(S)AFFORfrING COVE.PACE NA IL?! INSURER A Travelers Ind canny Company of 25682 INsuera ..__ ... ... ... ., _...-_.. ...... .... IN5VRER a Catlin Insurance Company, Inc _ 1'.9518 KBA, Inc. _ (INSURER C,Charter Oak Fire Insurance Comp 2561,5 11000 Main Street ----. .---. ---.. ._.... --- NS"UsurxPER Ea E n BelYevule„.WA 98004 _._.....- ----..._._....._— ............... ......... ........ .,..,.._...._..._..... IN INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO C ERIHF"Y "THAT"HIE P'OLUCU S OP INSURANCE LISTED BELOW HAVE BEEN ISSUB,U TO TH@. INSURED NAMED ABOVE FOR IHHB POLICY PERIOD INDICATED. NOTWIHFISTANDING ANY HEQUIHEMEN'I', TERM OF CONDITION ON ANY CONI"I'RAC'LOR OTHER DOCUMENT WITH RESPECFTO WHICH THIS CERTIFICATE MAY BE. S9LWQ Qi MAY PERTAIN, THE NSURANCE AFFORDED BY THE POLICIES DESCMBE{) HFREIN 18 SUBJECT '10 AEI. THE TERMS, EXCU)SIONS AND CONUITJONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIR CLAIMS, INFH Al)UI.S'JeR POIICVFFF POLICY Exp LfR 1VPF r INSURANCE_ iMER WVOIDPOLICY NUMBER _.IMMIUUfYYtlMj j{MMIOUfl YYYf UNITS q GKNSRALuaelu>In' 6808564X346 5110/2015 061101201 L:ACHOCCURRrNca." sl,000„0010 '.. nnNlA,4F TQBFri4FD X aCrolrvERamL ar NLwnu lABuuv PREMo§ts(E kl rite! $1,000,000 c InIMS-nlnoE I X uccurz MEU Lxr (A v t 10,000 vFwoNAI A ADV INJURY $1,000000 GENE AcaacrarF _ y2,000 QQQ c,rN L ACGREGAI F.UWT APP4 HS PER PROUOlrS COrIPIOP AGO $2,000,000 �POIIfY� .Y.JPRrY I S AUTOMOBILE LIABILUY BA8570X17A 541 012 0 1 5 Q51T042Q1 TcMnlNrn Irvr"tir Llirli 1,0t10„000 ...LFI� BODILY INJURY IP r rn ny•. $ _. CHEDIAED EODILY UNJURY IP ,arltlu,C) S NU4�4NNEL5 PI4pf HYIR On1J0.f,'c' ....... 6 (�(X Al 3 �0 4„4J s LIAEi I CUk EflCI:NPQCURItNGL $a L.anF6 M/U AC'CIiEr ArF & _FYI iMJrON 5 IA 'ORKERS COMENSATION c, 1 6808564X346 � 5p1012015 05110p20�1 IJ iwc rA1Lr AND EMPLOYERS'[ AFSILITY TChttY!.INMfrS ANY PROPHILTPPIr AnTNa lvrXeL"urlVT erN (WA Stop Gap) E.A. EACHACCIDEM s2,000,000 _ OFHCERIMEM6 F:EXCIUM0? NNIA Imo, m I ,emNNI Isr o!sRASF IA rM?LovrF s1 Iryor ,b IUn undr I ..B Liability Professional rPraAnRNdutlou �L ULeLnSE I=ouaYrlMol ABU976310516 051101201505{101201 . $1,000,000 per claim �1 0Q0,00Q altnl agglr.. aiEGR14TIIl0N OF dPERATIgN'S N L.00ATIQN9!VEHICLES(Aaach AtiCRU 141,A¢IAiPIanR.I Remarcks 9bAt!Rlulo,IF mloen apace Iq rxryuOrAtYI '. RE: Project BP#14-146-011, LA#8224-Central Ave.S,Pavement Preservation and Utility improvements. The General Liability and Automobile Liability policies include an autOtTlatic Additional insured!.endorsement that provides Additional Insured status to City of Kent,WA State,Agency,their officers,employees, agents and only when there is a written contract that requires such status, and only With regard to work performed on behalf of the named Insured. The General Liability policy contains a special endorsement (See Attached Descriptions) CERTIFICATE.HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE.CANCELLED BEFORE City Of}Sent THE EXPIRATION! DATE. THEREOF, NOTICE. WILL BE DELIVERED IN Attn: Erie Connor ACCORDANCE WITH THE: POLICY PROVISIONS. 220 4th Ave. 5 Kent', WA 98032 AUTHORIZED REPRESENTATIVE '. Q)19aa-2010 ACORD CORPORATION.Ali fights reserved. ABORT)25(201W05) 1 of 2 The ACORD name and Ingo are registered marks of ACORD #S 1571'.,3261/M 1,5070G74 NX:NZP DESCRIPTIONS (Continued from Page 1') . ...... .... ____........ with Primary and Noncontributory wording,when required by written contract, Tile GSenerat Liability, urnobile Liability and Professional Liability policies include a Waiver of Subrogation endorsement in t.4 or of the Certificate Holder as referenced above. SAGITTA 25.3 p2010105t 2 of 2 #S15713261IM15070074 Policy #6808564X346 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modines Insurance provIded under the tollfewlng: COMMERCIAL GENERAL LIABILITY COVERAGE. PART X The following is added to WHO IS AN INSURED INSURANCE ISection in) for this Coverage (Section It: Part, Any person or organization that you agree in a B. The folInwing is added to Paragraph a. of 4. "contract or agreement requiring Insurance" to in- Other Insurance in COMMERCIAL GENERAL clud'e as an additional Insured on this Coverage LIABILITY CONDITIONS (Secficn IV): Part, but only with respect to I for"bodily in- However, If you specifically agree in a "contract or jury", "property damage" or "personal Injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or orris- provided to an additional Insured under this Cov- sions or the acts or emissions of those acting on erage Part must apply On a primary basis, or a your behalf: primary and non-contributory basis,this Insurances a. In the perfoorraince of your cupping opera- is primary to other Insurance that is avaRlable to tions; such additional insured which covers such addi- b. In connection with promises owned by or tional insured as a named insured, and we will not rented to youg or share with the oflier Insurance, provided that: c. In connection with "your work" and! included (1) The "bodily Injury" or "property damage" for within The products-conniplated operations which coverage Is sought Occurs; and hazard". (2) The "Ipttrsonal Injury" for which coverage is Such person or organization does not roolty as sought arises out of an offense commitled; an addificnall insured for bodily injury", "property after you have entered Into that "contract or damage" or "personal frUCY" for which that per- agreement requiring insurance" But this incur- son or Drgamzatori has assumed liability In a con- ante still is excess over valid and collectible other tract or agreement. insurance, whether pninary, excess, contingent or The insurance provided to such additional insured on any other basis that is available to the insured is firrited as follows: when, the insured is an additional insured under d. This insurance does not apply on any basis to any other Insurance any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional Insuired specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- In COMMERCIAL GENERAL LIABILITY CON. age Part. DITIONS (Section [Vi: e. This Insurance does not apply to the render- We wail any d9fils of recovery we may have ing of or failure to render any "professional against any poison or organization because of services payments we make for "bodily injury",, "property f. The limits of insurance afforded to the amcf- damage" or "personal injury"' arising out of "your floral insured shall be the lirraks which you work" performed by you, or on your behalf, under agreed In that "contract or agreement requIr- a "contract or agreement requiring insurance"with ing insurance" to, provide for that additional that person or organization. Wo waive Those Insured, or the limits shown in the Declare- rights only where you have agreed to do so as Clans for this Coverage Part, whichever are part of the"conilract or agreement requiting insur- less. This endorsement does not increase the ante" with such person or organization entered limits of insurance stated in the LIMITS OF into by you) before, and in effect when, the ""bodily CG D3 81 09 07 (02007 No lravopfrs t',onnngmes, Inc. Page 1 of 2 Includes the copyrighted mal&4 of Insurance Services Office, [no.,wilt its permission CCIMMER{CVAL.GENERAL LIABUTY injury" or "property daonage° occurs, or the ""per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed, "property danvage" occurs, and file "personal in- D. 'The following definition is added)to DEFINITIONS jury" is caused by an offense comrnitted: ISection V9: a„ lifter you have entered into that contract or ''Contrast or agreern�ent requiring insurance' agreeunnent; rneans @hat part of any contract or agreeonent Lin- h. while that part of the contract or agreement is der which you are required to Include a person or In effect; and organizahon as an additional insurer) on this Cov- c. Before the end of the policy perYod. Page 2 of 2 U 2047 The Trivefers Companies, Inc. CG D3 81 09 07 Includes She copyrighted material of insurance Services oHirs, Inc.,with its.permisson #BA85'7()X17A COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSiNESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE--This endorsement broadens coverage. However, coverage for any injury, clarnage or modicat expenses dasrurlbed in any of the provisions of this endorsement may be excluded or limited by another endi to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by sudr an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages, Read all the provisions of this on- dorsLfruapil and the test of your policy carefully to daAermine rights, duties, and what is and is not Tomed. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND, DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT--INCREASED LIMIT C, EMPLOYEES AS INSURED 1. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K„ AIRBAGS E. TRAILERS —INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES— INCREASED LIMIT k BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph Pol., Who Is your business. An Insured, of SECTION 11--COVERED AUTOS 2. The following replaces Paragraph b. in Ei LIABILITY COVERAGE: Other Insurance. of SECTION IV — BUST- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between your and b. For Mired Auto Physical Damage Cover- that person or organization, that is signed and age, fine following are deemed to be cov- executed by you before die "bodily injury' or eyed "autos"you own: "property damage" occurs and that is in effect during the policy period, to be named as an iddi- (1) Any covered "auto"' you lease, hire, TiOnal insured is an "instrod'' for Covered Autos rent or borrow, and Liald1fly Coverage, but only for damages to which (2) Any covered sUtO hired or rented by We insurance applies and only 10 the extent that your "employee" under a contract in person or organization qualities as an "insured an employee's" name, with your under the Who Is An Insured provision contained permission, while, performing duties in Section 11 related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness, 1. The following is added to Paragraph A.I., However, any"auto"that is leased, hired. Who is An Insured, of SECTION 11 — COV. rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement it) an 'em- An Insured, of SECTION It—COVERED AUTOS PI0ye0'SP' name, With, your perudscion, while LIABILITY COVERAGE: CA T4 20 02 15 02.015 The Travelers�nr]OITTMRY Company,All!rights reserved, Page I of 3 Indii0es aripyrighted material offimuconce Services Of5ce-Irmo.WPI13[[a penrissicn, COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- Q2) An ad)ustrnent for deplociation and physical ing a covered{ "ario)"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs, cash value in the event of a total D. SUPPLEMENTARY PAYMENTS - INCREASED (3) If a repair or repiace))l results in better LIMITS than like kind or quality, we will'not pay for the 1„ The following replaces Paragraph A.2.a.(2) of amount:of bettetincift, SECTION II-COVERED AUTOS LIABILITY (4) A deductible equal to the highest P'hysicat COVERAGE: Damage deductible applicable to any owners (2) Up to $3,0,00 for cost of bait bonds on- covered"auto"" eluding bonds for related traffic lawn vlola- (5) This Coverage Extension does not apply to: tions) roquired because of an "accident a An We cover, We do not have to furnish Y "auto" that I hired, routed or bor- these bonds, owed with a driver; ; or 2. 'The fallowing replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- SECTION II-COVERED AUTOS LIABILITY owed from your"employed". COVERAGE: G. PHYSICAL DAMAGE - TRANSPORTATION (4) Ali reasonable. expenses Incurred by the EXPENSES -INCREASED LIMIT "insured" at our request, Including actual The foltowing replaces the first sentence in Para- loss of earnings rip to $500 a day be- graph A.4.a., Transportation Expenses„ of cause of time off from work, SECTION III - PHYSICAL DAMAGE COVER- E, TRAILERS- INCREASED LOAD CAPACITY AGE. The following replaces Paragraph C.1. of SEC- We will pay up to $50 per day to a maximum of TIONI-COVERED AUTOS: $1„500 f(N- temporary transperlation expense in- curred by you because of the total theft of a, cov- 1. 'Trailars" with a load capacity of 3,000 Lied "auto"of f io private passenger type., '. poaunds or less designed prlrnarity for travel R.1, AUDIO, VISUAL. AND DATA ELECTRONIC on public roads. EQUIPMENT--INCREASED LIMIT P. HIRED AUTO PHYSICAL DAMAGE Paragraph CA.b. of SECTION III, - PHYSICAL The following is added to Paragraph Ant., Cover- DAMAGE COVERAGE Is deleted. age Extensions, of SECTION Ili - PHYSICAL 1. WAIVER OF DEDUCTiB'LE-GLASS DAMAGE COVERAGE: Hired Auto Physical Damage Coverage The fallowing is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE If hired ""autos' are covered ""autos" for Cowered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced, awned "'auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph AA., Cover- age subject to the fallowing: age Extensions, of SECTION III - PHYSICAL (1) The most we will pay for "lass„„ to any one DAMAGE COVERAGE: ""auto" that you hire, rent or borrow is the Personal' Property Coverage lesser of: INe will pay up to $4001 for "loss" to wearing ap- (a) $50,000; parel and other personal properly which is: (b) The actual cast) value of the darmaged or (1) Owned by an "insured"'; and stolen property as of the time of the (2) In or on your covered "auto". "loss", or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto darnaged or stollen property with other No deductibles apply to Personal Property cover- properly of like kind and quality. age. Wage 2 of 3 D 2015 The Trivelars Indemnity Company,All rights resrarved. CA T4 20 02 15 Inolludes r:epyrlgil rnaferW of Insurance So as Cil lav,inc,with Ile permission, COMMERCCAL AUTO K. AIRSAGs (2) Any: The following is added to Paragraph H.3., Exclu- (a) Overdue lease or loan payments at the dons, of SECTION III — PHYSICAL DAMAGE (into of the "Mass'; COVERAGE: (b) Financial penalties imposed under a. Exclusion 3.a, does not apply to "Voss" to one or lease for excessive use, abnormal wear more airbags in a covered ""auto"you own that ln- and tear or high mileage; flate due to a cause other than a cause of "loss" set forth In Paragraphs A,1.b, and A.1.c., but (c) Security deposits not returned by the ]as- only; Sol; a. If that "auto" Is a coversal "auto" for Cornpre- (d) Costs for extended warranties, Credit Life pensive Coverage under this policy; YnsLurance, Health, Aecldent or Disability b, The ainrbogs are not covered under any war- Insurance purchased with the loan or ranty: and lease: and c. The airbags were not intentionally"inflated (e) Carry-over balances from previous loans orreries. one "Vass",e, will pay up to a maxinuunm of $1, 00 for any M. BLANKET WAIVER OF SUBROGATION c�n L. AUTO LOAN LEASE GAP The following replaces Palagraph A.5., Transfer The following is added to Paragraph A.d.,, Cover- of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE.COVERAGE: Auto Loan Lease Gap Coverage for Private S. Transfer Of Rights Of Recovery Against Passenger Type Vehicles Others To Us. In rile event Of a total"loss""to a covered "auto,"of Wo waive any tight of recovery we may have the private passenger type shown in the Schedule ayahrst any person or organization to the ex. or Dectarallons for which Physical Dantiage Cov- tenet required of you by a Written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accideruP" or "'la5s"", pro- due on the lease or Moan for such covered "auto"" vided that tine "accident" or"Voss"asses out of less fire following: file operations contemplated by such con- (1) Ths amount bald under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for final"aunto% organization designated'in such contract. and CA T4 2(1 02 115 020151he Trava!era Indznrnly Company,All 01s reserved. Page 3 of 3 Irndudm copyriyhrod malarial of insurance somcas wince,nnu,with its pemrissiion, Exhibit A Scope of Work ProjectNo. STPUL-1071 (006) See attached. Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 1013012014 KBA, inc. July 16, 2015 EXHIBIT A SCOPE OF SERVICES Construction Management Services for City of Kent Central Ave. S. Pavement Preservation and Utility Improvements Federal Aid No. STPUL-1071(006) City of Kent Project No. 13-3004 KBA, Inc. (Consultant)will provide Construction Management (CM)services to the City of Kent (Agency), for the Project known as Central Ave. S, Pavement Preservation and Utility Improvements (Project). These services will include consultation, contract administration, field observation, documentation, material testing and specialty inspection services„ as required during the construction phase of the Project, as detained below. Project Description: The project consists of pavement rehabilitation and overlay between Willis St. and the Green River Bridge including curb, gutter and sidewalk replacement and utility work. Approximate quantities of major items are as follows: approximately 7,800 tons of hot mix asphalt, 14,000 square yards of planting asphalt concrete, 113,000 square yards of fabric reinforcement, 6,000 lineal feed of cement concrete curb and!gutter, 6,500 square yards sidewalk and dlriveway, 4„000 tons of crushed surfacing, 2,500 lineal feet of 12"water main,pope and appurtenances to replace existing 6"water main, 9,000 lineal feet of cured-Implace sanitary sewer lining, utility adjustments, and traffic loop replacement. The Designer of Record on this project is the City of Kent(Designer), I. CONSTRUCTION MANAGEMENT SERVICES A. Consultant Contract and Team Management—Provide overall day-to-day management of the consultant contract and team, including: 1. Decide on best modes and frequency of communication with Agency, and use them. Liaison and coordinate with Agency on a regular basis to discuss Project issues and status. 2. (Manage Consultant Team, comprised of Consultant's staff and subconsultants. Organize and layout work for Consultant Team. 3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to Agency monthly„ an invoice and progress report describing Consultant Team services provided that month. Prepare and submit reporting required by funding source(s), if any. Deliverables 0, Monthly invoices and progress reports B. Construction Phase Services—Contract Administration 1. Liaison with the Agency, construction contractor, appropriate agencies„ property owners„ and utilities, 2. Provide the Agency with brief monthly construction progress,reports, highlighting progress and advising of issues which are likely to impact cost, schedule, or quality/scope. 3. Schedule Review: a. Review construction contractor's schedules for compliance with Contract Documents. 5,lPformts1CVnimce sf CliofltWentl01507409<9nlmi.A+Jm$YOIGH6&N6tg�OliFttID11(i©nprtisUfl.lt©IA5UUf5flS\L}�t?-CM4F%.A.CBnV'2�piVY31iM k.p..-F1 NAL.T018-0722.d4 u 1 of s KBA, Inc. July 16, 2015 It. Monitor the construction contractor's conformance to schedule and require revised schedules when needed, Advise Agency of schedule changes, 4 Progress Meetings Lead regular(usually weekly)progress meetings with the construction contractor, including Agency pre-briefing Prepare weekly meeting agenda and meeting notes, and distribute copies to attendees Track outstanding issues on a weekly basis. 5. Update CM Plan as needed to reflect changes in policy and/or procedure that occur during the Project, and orient CM Team to the changes. 6. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate party, work plans, shop drawings, samples, test reports, and other data submitted by the construction contractor, for general conformance to the Contract Documents, 7. Record of Materials. Provide Record of Materials indicating anticipated material approvals, material compliance documentation, and materials testing requirements. Maintain records of material compliance documentation received and advise of any known deficiencies, 8. Prepare weekly statement of working days and distribute to the Agency and Contractor, 9. Manage RFf (Request for Information) process, Track and reviewlevaluate, or cause to be reviewedlevaluated by other appropriate party, RFIs, Manage responses to RFK 10. Change Management Evaluate entitlement, and prepare scope, impact, and independent estimate for change orders. Facilitate resolution of change orders 11. Monthly Pay Requests Prepare monthly requests for payment and/or review payment requests submitted by the construction contractor. Review with Agency and construction contractor, and recommend approval, as appropriate, 12. Evaluate construction contractor's Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. 113. Prevailing Wage Monitoring: a. Monitor Payroll Compliance, Review Statements of Intent to Pay Prevailing Wage against the Contract Document requirements. Collect, record, and check weekly certified payrolls and conduct on-site wage interviews, both at a frequency documented in the CM Plan, 14, Assist the Agency in the investigation of malfunctions or failures during construction,. 1E Public information, Provide information for Agency to prepare media communications and public notices on Project status. Provide information for Agency's inclusion into a Project welbste and/or newsletters, if requested. 16. Record Drawings. Review not less than monthly, the construction contractor's redline set of contract plans. Maintain a CM Team set of conformed drawings tracking plan changes, location of discovered anomalies and other items, as encountered by the CM team. Use these markups to check the progress of the Contractor-prepared Record Drawings. 17. Document Control. Establish and maintain document filing and tracking systems, following Agency guidelines and meeting funding agency requirements. Collect, organize, and prepare documentations oni the Project, a One hard copy of files will be kept in the Project field office b. Electronic documentation will be stored in a Project Wainsite, using SharePcint software, managed and hosted by the Consultant. The Agency will be provided with up to 2 licenses for their and the construction contractor"s use of the Share Point wel during! the Project. Consultant will provide one training session each for Agency and construction,contractor users of the SharePoint system, rouseDfaq$)LAG CMEX A Ced Avv.CM-Smpe FIINAL 2015 0122dvx 2 of 8 KBA, Inc. July 16, 2016 1 S. Public Outreach. aL Prior to key Project milestones, Consultant wHI provide information for the Agency to prepare flyers and Project newsletters for distribution to the adjacent neighborhood and businesses, b Consultant and Agency shall visit all adjacent businesses to gather contact information, establish relationships, and learn more about their business operations. c. Consultant shall establish and maintain a contact list for the purpose of distributing e-mail alerts. Consultant may be requested by Agency to prepare draft e-mail alerts that will be reviewed by Client before being sent to,the listserv, d. Consultant shall develop and maintain, on a weekly interval, a comment spreadsheet log that tracks comments, questions, and!action requests by residents, businesses and property owners e. Consultant will prepare and distribute a Project Information Sheet that will be distributed to the Agency once per month. The format of the information sheet and the type of information to be contained in the report will be approved by the Agency prior to the start of construction. 19, To comply with Article XIX Protection of Confidenflaf Information of the,LAG Agreement, maintain a log documenting the following: the State's Confidential Information received ini the performance of this AGREEMENT;the purpose(s)for which the State's Confidential Information was received; who received, maintained and used the State's Confidential lnfo,rmation; and the final disposition of the State's Confidential Information. 20. Project Closeout. Prepare Letters of Substantial (including punch llist). Physical, and Final Completion for Agency approval and signature. Prepare final pay estimate for Agency approval and processing. 21. Final Records. Compile and convey final Project records, transferring to the Agency for archiving at final acceptance of the Project. Records will consist of hard copy originals and electronic records on electronic storage medium. Deliverables Monthly Construction Progress Reports • Schedule Review Comments • Meeting Agendas and Notes • Submittal Log • Record of Materials • RFI Log • Change Order(s) • Progress Pay Requests • Information for Project flyers for business and residents • E-mail distribution list for businesses and citizens • Weekly public comment/response spreadsheet log • Monthly Project Information Sheet • Certificates of Completion • Final records— hard copy and electronic C. Construction Phase Services— Field 1, Observe the technical conduct of the construction, including providing day-to-day contact with the construction contractor,Agency, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the WSDOTIAPWA Standard Specifications, CMkVx A Cent"lAve CM Scope FINAL V.015 M.ldnc 3 Of 6 KBA, Inc. July 16, 2015 2. Observe material, workmanship, and construction areas for cominfianre with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the Agency of any non-conforming work observed during site visits, 8. Prepare daily construction reports, recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. 4. Interpret Contract Documents, in coordination with Designer. 5, Decide questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. 6. Listablish communications with adjacent property owners. Respond to questions from property owners and the general public, 7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. 8. Prepare field records and documents to help,assure the Project is administered in accordance with funding agency requirements. 9 Attend and actively participate in regular on-site meetings. 10. take periodic digital photographs during the course of construction, Photographs to be labeled and organized as detailed in the CM Plan. 11. Punch List. Upon substantial completion of work, coordinate with the Agency and affected agencies, to prepare a 'punch list'of items to be completed or corrected. Coordinate final inspection with those agencies. 12, Testing. Conduct or cause to be conducted, materials and laboratory tests. Coordinate the work of the Field Representative(s)and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing, and inform Agency and construction contractor of deficiencies. 1& Specialty inspection, Conduct or cause to be conducted, specialty inspection services for observation of the CIPP liner installation and related activities,to include daily inspection reports and photos. Deliverables • Daily Construction Reports with Project photos—submitted on a weekly basis • Punch List(s) • Test reports D. Assumptions 1. Budget: a, Staffing levels are anticipated in accordance with the attached budget estimate. Consultant services are budgeted for an approximate 14.5 month period, from August 1, 2015 into September 2016, with a 4 month work suspension period between November 1, 2015 and March 11, 2016. This is intended to span the originally planned construction period of 180 working days, plus time allotted for Project setup and closeout. A certain amount of overtime for inspection services has been figured into the budget to use, if needed, during peak construction activities b. Consultant will work up to the limitations of the authorized budget. If acicilhonal budget is needed to cover such instances as the following, Agency and Consultant wilt negotiate a Supplement to this Agreement: i. 7he contractor's schedule changes, and/or requires inspection coverage of extra crews and shifts. CMTx A CroniralAve-CM-Scope FINAJL.2015.0722dou. 4 of 8 KBA, Inc. July 16, 2015 il, The construction contract runs longer than the time period detailed above kit. Adjustment of Consultant Indirect Cost Rate (ICR) percentage pursuant to the terms as outlined in Section V.A.2 of the LAG Agreement, iv. Any added scope tasks. v. The work is anticipated to be performed during daytime hours. Should night work be necessary, a 15 percent premium for labor will be applied to all night shift hours worked by Consultant's employees. c. The budget allocations shown on Exhibit D is itemized to aid in Project tracking purposes only. The budget may be transferred between tasks or people, or between labor and expenses, provided the total contracted amount is not exceeded without prior authorization. d. The budget assumes that Consultant's standard forms, logs, and processes will be used on the Project SharePoint site. Any customization to meet specialized Agency requirements Mill be Extra Work, 2 Staffing: a. Consultant staff shown in the Estimate may not be available following the suspension period. Should this atenur, Consultant will replace those staff not able to return with staff of equal or higher skill and quakfications, 3. Items and Services Agency will provide: a Meeting arrangements and facillitiLs for pre-bid and preconstruction meetings. Prepare and distribute meeting notes from pre-bid meeting(s), if any. o Field office, including: i. workstations (desk, chair, and storage)for 3 staff ii. conference table and chairs iii. lanckine telephone for each,full-time assigned staff[or IP phone system] iv. combination printer/copier/scanner machine with these capabilities: 1 1x1 7 size, color v. hi-speed data connection (minimum 2-G3 upload speed) vi. miscellaneous office supplies Vii. utilities and sanitary facilities c. City will be responsible for monitoring and reporting during the work suspension period d. Retain Engineer of Record for shop drawing review, RF]s, design changes, and final record drawings. e. Coordination with and enforcement of utility franchise agreements and/or contracts and schedules for services related to this Project. f. Verify that the required permits, bonds, and insurance have been obtained and submitted by the construction contractor Obtain all permits not required!to be provided by construction contractor. g. Construction Survey. Provide project control survey and staking that is not already assigned to the construction contractor, 4. Scope: a. The Sharejeoint tool]being used on this Project is proprietary to the Consultant(KBA, Inc.), and may not be used by any other party or on any other project without the written permission and involvement of KBA, Inc. S P.Jet0t('ontma1tWArM1Kant01b0t4 01 Central Ave S�Crafis&Neqcii at!anReecfdrAi%touwUraftaMLAG'CME+A-CanlraAvp CWScvpe F I NAL 2015 0722 diacm 5018 }SBA, Inc. July 16, 2015 ti. Consultant will provide observation services for the days/hours that its' linspector(s) personnel is/are on-site. The linspector(s)will not be able to observe or report construction activities, or collect documentation, during the time they are not on-site. c. The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing,the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject rion-conforming work and pursue the other remedies in the interests of the Agency, as detailed in the Contract Documents, The Consultant cannot guarantee the construction contractor's performance, and it is understood that Consultant shall assume no responsibility for proper construction means, methods, techniques, Project site safety, safety precautions or programs, or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or Agency's expectations. d. Definitions and Roles, The use of the term "inspect"in relation to Consultant services is synonymous With "construction observation, and reference to the "Inspector" role is synonymous with "Field Representative,' and means: performing on-site observations of the progress and quality of the Work and determining, in general, if the Work is being performed in conformance with the Contract Dccurnents; and notifying the Agency if Work does not conform to the Contract Documents or requires special inspection or testing Where"Specialty Inspector"or"specialty inspection' is used, it refers to inspection by a Building Official or independent agent of the Building Official, or other licensed/certified inspector who provides a cedified inspection report in accordance with an established standard. e. Because of the prior use of the Project site, there is a possibility of the presence of toxic or hazardous materials. Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances. If the Consultant suspects the presence of hazardous materials, they will Paltry the Agency immediately for resolution, f. Review of Shop Drawings, samples, and other submittals will be for general conformance with the design concept and general compliance with the requirements of the contract for construction. Such review will not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. g. Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. However, since Consultant has no control over competitive bidding or market conditions,the Consultant cannot and does not warrant that bids or ultimate construction costs will not vary from these opinions of probable construction costs. h. Development of construction schedules and/or sequencing, and/or reviewing and commenting on contractor's schedules, is for the purpose of estimating number of days to complete a project, and for identifying potential schedule and coordination challenges and determining compliance with the construction contract. If is not a guarantee that a Construction contractor will complete the Project in that sequence or timeline, as means and methods are the responsibility of the construction contractor, L Consultant is not responsible for any costs, claims or judgments arising from or in any way connected with errors, emissions, conflicts or ambiguities in the Contract Documents prepared by others. The Consultant does not have responsibility for the professional quality or technical adequacy or accuracy of the design plans or specifications, nor for their timely completion by others. j. RCW 4.24.115 is applicable to Consultant's services provided under this Agreement, CaWa I A C,rcV.M.CM S.pQ F I NAL-M16 0722 d= 6 of 8 KBA, Inc. July 16, 2015 lk. Services provided by the Consultant under this.Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession Currently practicing under similar circumstances, in the same geographical area and time period, I. Agency agrees that Consultant will not be held liable for the completeness, correctness, readability, or compatibility of any electronic media Submitted to Agency, after an acceptance period of 30 days after delivery of the electronic files, because data stored on electronic media can deteriorate undetected or can be modified without Consultant's knowledge, rn. Consultant will not be liable for any damage to the field office premises or utilities provided by Agency, unless caused by Consultant's own negligence, n. Regarding Article XIX Protection of Confidential Information, of the LAG Agreement, KBA will perform services under the following assumptions, and Such assumptions are assumed acceptable to the AGENCY and the STATE: The AGENCY andior the STATE will identify each and any item considered to be"State's Confidential Information"as "'confidential", as detailed bellow. Any information received by CONSULTANT that is riot so labeled, will be assumed by CONSULTANT to not be"State's Confidential Information". CONSULTANT will return all items pre-identified as State's Confidential Information, to the AGENCY, and will not be required to take any other steps to protect that information. II. OPTIONAL SERVICES All services net detailed above, are considered Optional Services, which, along with any other Extra Work requested by the Agency, wilt be performed only when a mutually negotiated Supplement to this Agreement is executed, specifying scope of services and budget Potential Optional Services may include" but are not limited to the following: A. Restaking and/or changes to the one-time control and construction staking, as design changes or stakes or monuments are interfered with by construction contractor. B. Public involvement Support: 1. Coordinate media releases and traffic advisory updates, 2. Develop and maintain Project website, updating Project progress monthly. 3. Provide periodic notification newsletters to affected property owners on upcoming work, and include contact numbers, C. Provide administrative andl support services during construction which are not included in the above scope of services, which may include: 1. Investigations, meetings, and negotiations with the construction contractor involving claims and legal complaints, or a significant amount of defective or rejiected work. A "significant amount"Would be an item that might represent more than 2.6 percent of the total contract bid amount. 2 Additional work resulting from delinquency or insolvency of the construction contractor; or as a result of damage to the construction Project caused by fire,flood, earthquake or other acts of God, all exclusive of additional work resulting from fitgation, 3. Additional work resulting from strikes, walkouts, or other acts of trade or labor unions or work required to resolve disputes or goals involving minorities. Additional work resulting from significant delays or acceleration of the work by the construction contractor, 4 Assistance to legal, financial, or other consultants engaged by the Agency beyond the services previously described, h,,..D.h�VAG CUT.-A C-d-IM,'M"'p'.RNA4-2915 0722.d..x 7 of 8 KBA, tnc. July 16, 2015 5. Aci services resulting from changes in scope or design of the Project due to circumstances beyond the Consultant's control, Changes include, but are not limited to, changes in size, complexity,the schedule, character of construction, or method of financing. D. Prepare additional copies of approved drawings, specifications, and other contract documents, either for bidding purposes, or as requested by the Agency. E. Provide record drawings. F. Drafting of Procedures, or Operations and Maintenance Manuai(s). MEX A CentfaAva CM Scapo F I NAL'2WS gr22 dacx 8 OfB Exhibit B DBE Participation N/A Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit 8 Page 1 of 1 Revised 1013012014 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: L Surveying, Roadway Design & Plans Preparation Section A. Survey Data N/A B. Roadway Design Files N/A C. Computer Aided Drafting Files N/A Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit C Pagel of 4 Revised 1013012014 D. Specify the Agency's Right to Review Product with the Consultant N/A E. Specify the Electronic Deliverables to Be Provided to the Agency See Exhibit A- Scope of Work. F. Specify What Agency Furnished Services and Information Is to Be Provided See Exhibit A- Scope of Work. Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 1013012014 II. Any Other Electronic Files to Be Provided See Exhibit A- Scope of Work. III. Methods to Electronically Exchange Data On-going Project correspondence will be provided via e-mail and hard copy format during the life of the Project. Deliverables will be provided via hard copy, and electronic records on electronic storage medium at closeout. WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 1013012014 A. Agency Software Suite Microsoft Office Suite B. Electronic Messaging System Microsoft Outlook C. File Transfers Format At project completion, hard copy records will be transferred to Client, and electronic records will be transferred via electronic storage medium (thumb drive or DVD). WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 1013012014 Exhibit D Prime Consultant Cost Computations See attached. Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Revised 1013012014 tr a t' R b v4 Jr s Mholf t ry G .J rtl ., v F is 1 f rr ca w ' Q11my PT u' HE _M f 1 1 F ... .... U . ................_........ o -Rmoll LLI _ rz % � ox d ti z W11 . 1 11 A � +' al^�4+5 A MEN uropvu�mioPn� V! N " % P wr n = F'u F3 m Wno16� sn'^eS ,re m' ' um�nMR3 .e4w x ww o= s � � ia "' Sga31_ ox.��w� M R:��+ vv ��[� rn �r�'s °{r5 oli wv tY yr � Exhibit E Sub-consultant Cost Computations There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI"Sub-Contracting" of this AGREEMENT. Subconsultants: JECB (Materials Testing Services) Staheli (Specialty Inspection Services) Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Revised 1013012014 Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY,the STATE, or the Federal Highway Administration (FHWA)to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it,the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation,termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1)through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 1013012014 Exhibit G Certification Documents Exhibit Cr 1(a) Certification of Consultant Exhibit C-1(b) Certification of Agency Official Exhibit C-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit Cr-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit O-4 Certificate of Current Cost or Pricing Data Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KBA, Inc. whose address is 11201 SE 8th St., Suite 160, Bellevue, WA 98004 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. KBA, Inc. Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 Exhibit G-1(b) Certification of I hereby certify that I am the: Q Agency Official ❑ Other of the City of Kent and or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions L The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3)year period preceding this application/proposal had one or more public transactions (Federal, State and local)terminated for cause or default. IL Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. KBA, Inc. Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, 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 any 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 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 Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 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 $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. KBA, Inc. Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that,to the best of my knowledge and belief, the cost or pricing data(as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Central Ave. S. Pavement Preservation & are accurate, complete, and current as of July 16, 2015 This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: KBA, Inc. Signature Title Date of Execution***: July 16, 2015 *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) **Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 /A Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to $ The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$ Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater,then justification shall be submitted to the Federal Highway Administration (FHWA)for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit H Page 1 of 1 Revised 1013012014 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s)is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP,through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit I Page 1 of 2 Revised 1013012014 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit I Page 2 of 2 Revised 1013012014 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding,forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the W SDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, W SDOT Local Programs (if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Revised 1013012014 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from W SDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing)the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: LA 8224 WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 1013012014 KENTeNt'& Agenda Item: Consent Calendar - 7F TO: City Council DATE: August 4, 2015 SUBJECT: Overlay Project Change Order - ICON - Authorize MOTION: Authorize the Mayor to sign a Construction change order with ICON Materials for $519,604.25 to provide additional asphalt work on 40th Avenue South between South 272nd and north of Cambridge Court, and 42nd Ave South between Reith Road and South 261st Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: As presented at the July 6, 2015, Public Works Committee meeting, there is more funding available for this project than originally anticipated. Based on the favorable bid prices received for the 2015 Asphalt Overlay project, staff recommends Council authorize a change order to include 40th Avenue South between South 272nd and north of Cambridge Court, and 42nd Avenue South between Reith Road and South 261st Street. With the exception of mobilization, channelization, and new speed humps, the contractor has agreed to extend its unit bid prices for this proposed change order. This ensures the price for the proposed work is competitive. EXHIBITS: None RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: BUDGET IMPACT: Funding will come from the Solid Waste Utility tax. This page intentionally left blank. K.EN`I' � �� Agenda Item: Consent Calendar — 7G 'MnvviA in+;U YfJm TO: City Council DATE: August 4, 2015 SUBJECT: Water District #111 Service Boundary Change Agreement - Approve MOTION: Authorize the Mayor to sign an agreement with Water District #111 that would adjust the water service area and corporate boundary of the Kent water utility to include the On Rainier Pond Plat, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Kent Water Service Area ends just west of the 124th Ave SE/SE 248th Street intersection. There is a housing plat called On Rainier Pond proposed on the southwest corner of the intersection that requires water service. Roughly half of the plat is located in the Water District #111 water service area, with the other half located in the City's water service area. There is an existing Kent water main that runs under SE 248th Street that could economically serve the plat. The On Rainier Pond project developer, Water District #111 staff, and Kent staff agree that adjusting the water service area and corporate boundary to allow Kent to serve the development makes the most sense. Water District #111 has sized its system to serve the area near the 124th Ave SE/SE 248th Street intersection and has invested in infrastructure to accommodate growth. Therefore, the District is allowed to collect system development fees. The attached agreement includes a provision to reimburse Water District #111 for its costs by splitting the system development fees for the parcels currently located in Water District #111, 50 percent to the District and 50 percent to Kent. There are 45 lots proposed within Water District #111 and 39 lots in Kent. Therefore, half of the system development fees collected for the 45 lots in the District would be paid to the District. EXHIBITS: Draft Water Service Area and Corporate Boundary Adjustment Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: BUDGET IMPACT: None. Kent's existing water system has been sized to include the area. Costs to connect to Kent's system will be borne by the developer. This page intentionally left blank. WATER SERVICE AREA BOUNDARY ADJUSTMENT AGREEMENT This Water Service Area Boundary Adjustment Agreement ("Agreement") is made and entered into by and between the City of Kent, a Washington municipal corporation ("City"), and King County Water District No. 111, a Washington municipal corporation ("District") (each individually a "Party" and collectively the "Parties") for the purposes set forth below. Recitals A. The City is a non-charter code city formed and existing pursuant to Title 35A of the Revised Code of Washington (RCW). The City owns and operates water and sewer utility systems and provides retail water utility services to customers located within the City's corporate and approved utility service area boundaries. B. The District is a water-sewer special purpose district formed and existing pursuant to Title 57 RCW. The District owns and operates a water utility system and provides retail water services to customers located within the District's corporate and approved water service area boundary. C. Portions of the District's and the City's water service area boundaries are adjacent. D. The City's and the District's exclusive water service area boundaries have been established and approved pursuant to Chapter 70.116 RCW, the Public Water System Coordination Act of 1977 ("Act"). In accordance with the South King County Coordinated Water System Plan (CWSP) prepared pursuant to the Act, the City and the District have been designated the exclusive water service purveyors within their respective authorized water service areas. The City's and District's retail water service area boundaries have also been established and approved pursuant to water system plans approved by the Washington State Department of Health (DOH), King County, and other public agencies with jurisdiction. The water system plans designate the City and the District as the exclusive water service purveyors within their respective authorized retail water service areas. E. The City has received a subdivision plat application to construct approximately 82 single-family homes within the corporate boundaries of the City of Kent, hereinafter referred to as the "Rainier Pond" subdivision, or the "Property." F. The District provides water service within a portion of the City's corporate boundaries. The Parties have an agreed service area boundary line that determines which properties within the City will be served by the City and which properties will be served by the District. Water Service Area Boundary Adjustment Agreement (between the City of Kent and Water District 111) Page 1 of 4 G. The Property lies partially within both Parties' designated service areas. H. The Parties have determined to adjust their exclusive retail service areas relative to the Property so that the Property will lie entirely within the City's exclusive retail water service area, on the condition that the City pay the District one-half of the system development charge established in section 7.02.160 of the Kent City Code (KCC), as amended, and collected by the City from the developer of the Rainier Pond subdivision for those lots residing within the District's current exclusive water service area boundary. Therefore, in consideration of the terms and conditions set forth herein, the Parties agree as follows: Agreement 1. The Recitals set forth above are incorporated herein in full by this reference. 2. Water Service Area Boundary Adjustment. The Parties agree the water service area boundary between the City and the District is hereby adjusted so that all the Property as legally described on Exhibit A attached hereto and depicted on Exhibit B attached hereto and incorporated herein by this reference shall be added to and lie entirely within the City's exclusive retail water service area as of the Effective Date of this Agreement. A depiction showing the adjusted and modified exclusive retail water service area boundaries between the Parties in the area of the Property is attached for illustrative purposes as Exhibit C, which is incorporated in full herein by this reference. 3. Payment. In consideration of the adjustment of the exclusive retail water service area boundary between the Parties as provided for in this Agreement, the City will pay the District one-half of the water system development charge ("SDC") established in KCC section 7.02.160 as amended, and collected by the City from the developer of the Property or other party related to the Rainier Pond development for those lots located within the District's current exclusive retail water service area boundary (currently estimated at 45 lots). The City will tender payment of the SDCs to the District within sixty calendar days from the date of the City Council's acceptance of the Bill of Sale for the Rainier Pond subdivision public system improvements. 4. Planning Documents, Other Approvals, and Governmental Notifications. The Parties agree to amend their respective water system plans and any other required planning or permitting documents to document, show and formalize the adjusted exclusive water service area boundary between the Parties as provided for in this Agreement, with each regular update of those plans, permits or other documents. Both Parties shall provide any required government notifications, including without limitation, notifications to DOH and the King County Boundary Review Board. However, failure to make those amendments, failure to obtain any required plan approvals involving the service area adjustment, or failure to provide required Water Service Area Boundary Adjustment Agreement (between the City of Kent and Water District 111) Page 2 of 4 notifications will not affect the contractual obligations between the Parties as provided for in this Agreement. 5. The Parties agree there are no other agreements to adjust and modify the Parties' respective existing water service area boundaries other than the agreement to modify their water service area boundaries relative to the Property provided for in this Agreement. 6. Miscellaneous. 6.1 Duration. This Agreement will remain in effect as a permanent water service area boundary change between the Parties. 6.2 Indemnification. The City will defend, indemnify and hold the District, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the City's negligent performance of this Agreement. The District will defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the District's negligent performance of this Agreement. 6.3 Non-Waiver of Breach. Either Party's failure to insist upon strict performance of any of the covenants and agreements contained in this Agreement or to exercise any option conferred by this Agreement in one or more instances will not be construed to be a waiver or relinquishment of those covenants, agreements or options. 6.4 Governing Law, Resolution of Disputes and Legal Costs. Washington law will govern this Agreement. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference or claim, will only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the Parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the Parties' performance of this Agreement, each Party will pay all its legal costs and attorney fees incurred in defending or bringing that claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph will be construed to limit either Party's right to indemnification under subsection 6.2. 6.5 Assignment or Modification. Assignment, waiver, alteration, or modification of all or part of this Agreement will not be binding on the Parties unless in writing and signed by a duly authorized representative of each Party. Water Service Area Boundary Adjustment Agreement (between the City of Kent and Water District 111) Page 3 of 4 6.6 Entire Agreement. The written provisions and terms of this Agreement supersede all prior verbal statements of any officers or other representatives, and those statements will not be construed as part of this agreement. 6.7 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original, and all of which together will constitute one agreement. 6.8 Authority. The Parties represent and warrant this Agreement has been duly approved and authorized by their respective legislative authorities, that each Party has fully power and authority to enter into this Agreement and to carry out the actions required of them in this Agreement, and all person signing this Agreement in a representative capacity represent and warrant they have the full power and authority to bind their respective municipal entities. 7. Effective Date. This Agreement will take effect on the last date entered below ("Effective Date"). The City of Kent King County Water District No. 111 By By Its Its Date: Date: Water Service Area Boundary Adjustment Agreement (between the City of Kent and Water District 111) Page 4 of 4 EXHIBIT A LEGAL DESCRIPTION OF RAINIER POND PROPERTY EXHIBIT B DEPICTION OF RAINIER POND PROPERTY EXHIBIT C DEPICTION OF MODIFIED EXCLUSIVE RETAIL WATER SERVICE AREA BOUNDARIES This page intentionally left blank. K T .� °� Agenda Item: Consent Calendar - 7H 'MvENT iA n+;U YfJm TO: City Council DATE: August 4, 2015 SUBJECT: 2014 Downtown Parking Sign Replacement - Accept as Complete MOTION: Authorize the Mayor to accept the 2014 Downtown Parking Sign Replacement Project as complete and release retainage to Transportation Systems, Inc. upon receipt of standard releases from the state and the release of any liens. SUMMARY: The 2014 Downtown Parking Sign Replacement Project replaced faded parking signs and provides a consistent message for parking in the downtown area. The project implemented recommendations of a parking study that included input from the Kent Downtown Partnership, Public Works, and Economic and Community Development. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACT: This contract was funded out of the Downtown Subarea Action Plan Implementation budget. This page intentionally left blank. K T .� °� Agenda Item: Consent Calendar — 7I 'MvENT iA n+;U YfJm TO: City Council DATE: August 4, 2015 SUBJECT: 2015 Crack Sealing Project — Accept as Complete MOTION: Authorize the Mayor to accept the 2015 Crack Sealing Project as complete and release retainage to C.R. Contracting, upon receipt of standard releases from the state and the release of any liens. SUMMARY: The 2015 Crack Sealing project installed approximately 11 tons of rubberized asphalt for crack sealing asphalt roadway sections. Street crack sealing is an important maintenance step that extends the life of our streets. The process fills cracks that form in pavement, preventing water from penetrating the asphalt and the road base. The contractor performed this work on City streets identified in the attached exhibit. The Public Works Operations Division Street Section is separately performing crack sealing of residential City streets. The initial contract amount was $98,947.00 the final contract payout is $99,058.25. EXHIBITS: Site Map RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: None This page intentionally left blank. Y. M o YT E 1� N 0 U.N Q VI N� N O N -O 0 U) r _. I Y 0 N W _ e s/ �� wr 'C w'k> 99 0ngG N@I4 a «. s,a Y 3S dn}a Z£L Y Q I Z r d � N GHl wl, W N 10 Q aqf IaCl4 ru a7 -tlC aAv vZ11 �. K N N L da" a ` . IN Ad 4f J — " Rill v?Av 9 R rV^r2Y YY A: rw Q fPa " YI U 1 �' Nr aronVtwQUlb .n dr 1, a CdP FJ I (avMAO 1� V. l+dN n�a>crourg�YuiiuuurYti a 4h� - '✓ N'nn � �,.". a M ��A`:H��. �n Y BN ,,w 4�vuYvxi ahia➢a + .. ary ,r .,vu N a�aanWi 4A rvry .� ra+ - r r-,—'—o£ru; u4uu'NN E9uY+ ai ...rc@ .i. im+w� _ o -rcuw, r•w� Ln k..." . r .�eary�lgroCld^fiN Mho .£seEyp rycq fDA " 6�N i x " i U PM I M1 X 0 Y" ..r w d'� aea rsi t[a nu I PN d�.umrga�ul4WN r" v cu N Y v 11 U ua ����U adx _.. M , an e.-a seal `"tzydBa'ar m va r W 112 N rX (MI V In K� a`F/d4k `R�ij ::Q&::)�j .. J ;� This page intentionally left blank. K T .� °� Agenda Item: Consent Calendar — 73 'MvENT iA n+;U YfJm TO: City Council DATE: August 4, 2015 SUBJECT: Grant Application Resolution to Recreation and Conservation Office for Turf Renovation at Hogan Park - Adopt MOTION: Adopt Resolution No. , authorizing the submittal of a grant application to the Recreation and Conservation Office to assist in funding the conversion of Hogan Park baseball field number one to a synthetic turf, multi-use field. SUMMARY: Each year staff pursues funding for park development and/or acquisition of property through the Washington Recreation and Conservation Office (RCO). Staff is requesting authorization to submit a grant application to the RCO Youth Athletic Facilities program to fund the conversion of Hogan Park Baseball Field #1 to a synthetic turf, multi-use field. The year-round field would support baseball, softball, soccer, lacrosse, and flag football. It would make Hogan Park the second city park to have synthetic turf fields, and will provide greater insurance against inclement weather, thus improving Kent's ability to attract tournaments that provide an economic boost to Kent. EXHIBITS: Draft Resolution RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph NAY: N/A BUDGET IMPACTS: None at this time This page intentionally left blank. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, that authorizes submitting an application for grant funding assistance for Youth Athletic Facilities project(s) to the Recreation and Conservation Office as provided in Section 4601-4 of Title 16, USC, as amended; Chapter 286 WAC and subsequent legislative action. RECITALS A. Whereas, the City of Kent ("City") has approved a comprehensive parks and recreation plan that includes this project. B. Under the provisions of the Youth Athletic Facilities ("YAF") program, state grant assistance is requested to aid in financing the cost of facility development. C. The City considers it in the best public interest to complete the Project described in the application. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Recreation & Conservation Office Hogan Park Athletic Field Renovation RESOLUTION SECTION 1. — Application — The City's Parks Director is authorized to make formal application the Recreation and Conservation Office for grant assistance. SECTION 2. — Use of Funds. Any grant assistance received will be used for direct costs associated with implementation of the Project referenced above. SECTION 3. — City Funds — The City hereby certifies that its matching share of project funding will be derived from city funds and that the City is responsible for supporting all non-cash commitments to this Project should they not materialize. SECTION 4. — Non-Cash Commitments. The City acknowledges that the grant assistance, if approved, will be paid on a reimbursement basis, meaning the City will only request payment from the Recreation and Conservation Office after eligible and allowable costs have been incurred and payment remitted to the City's vendors, and that the Recreation and Conservation Office will hold retainage until the Project is deemed complete. SECTION 5. — Maintenance and Availability. The City acknowledges that any facility developed through grant assistance from the Recreation and Conservation Funding Board must be reasonably maintained and made available to the general public at reasonable hours and times of the year according to the type of area or facility unless other restrictions have been agreed to by the Recreation and Conservation Office Director or the Recreation and Conservation Funding Board and the National Park Service. 2 Recreation & Conservation Office Hogan Park Athletic Field Renovation SECTION 6, - Use Retained in Perpetuity. The City acknowledges that any facility developed with grant assistance from the Recreation and Conservation Funding Board must be dedicated for public purposes and be retained and maintained for such use for perpetuity unless otherwise provided and agreed to by the City and the Recreation and Conservation Funding Board and the National Park Service. SECTION 7, — Resolution — Part of Application. This resolution becomes part of a formal application to the Recreation and Conservation Office for grant assistance. SECTIONS. — Compliance. The City has ready both the federal guidelines and state policies for the YAF program and agree to abide by those guidelines and policies, and as YAF grants are federal funds, the City must comply with all applicable federal laws. SECTION 9, — Resolution — Part of Application. This resolution becomes part of the formal application to the Recreation and Conservation Office for grant assistance. SECTION 10. — Public Comment. The City provided appropriate opportunity for public comment on this application. SECTION 11. — Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2015. CONCURRED in by the Mayor of the City of Kent this day of 2015. 3 Recreation & Conservation Office Hogan Park Athletic Field Renovation SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the 7th day of July, 2015. RONALD F. MOORE, CITY CLERK P'.APlanningAGrentsVA1 IHC-RCOA P'.APlanningAGrantl,Wl IHC-RCJAlogan ParkAtnetic Reld Renovation,#15-1378.doc: 4 Recreation & Conservation Office Hogan Park Athletic Field Renovation 044 * �O�' Agenda Item: Other Business — 8A M UYfJM TO: City Council DATE: August 4, 2015 SUBJECT: 2015 LTGO Refunding Bonds Ordinance — Adopt MOTION: Adopt Ordinance No. , providing for the issuance of one or more series of limited tax general obligation refunding bonds in the aggregate principal amount not to exceed $30,000,000 to refund certain outstanding bonds and to pay costs of issuing the bonds; providing the form and terms of the bonds; and delegating the authority to approve the final terms of the bonds. SUMMARY: The Finance Department has been working with the City's Financial Advisor, Piper ]affray & Co, and bond counsel, Pacifica Law Group, on refunding the City's 2006 and 2008A General Obligation bonds. For maximum flexibility, we have included the 2008A series in this refunding ordinance, however, it is unlikely that market conditions will exist in which we will refund the 2008A series in 2015. Though included in this refunding ordinance, the City is in no way obligated to refund these bonds if it is not deemed desirable to do so. The principal balance remaining on the 2006 bonds is $9.4M and $19.995M on the 2008A bonds. The bond market fluctuates and therefore the most favorable market conditions may occur on a day other than a regular meeting of the Council. The refunding ordinance allows for the designated representative to approve the final refunding as long as the following conditions are met: - The aggregate principal amount of the Bonds does not exceed $30M, and - The final maturity date is no later than December 1, 2025, and - Each series of Bonds are sold in the aggregate at a price not less than 97% and not greater than 130%, and - Any Bonds sold for the purpose of refunding must result in a minimum net present value savings of at least 3.00% and, - The true interest cost for each series of Bonds, in the aggregate, does not exceed 3.50% and, - Any refunding must take place before March 1, 2016. The refunding ordinance requires that the Finance Director provide a report to the Council describing the final terms of the refunding(s). The scheduled closing date on the 2006 series is September 9, 2015. There is no scheduled closing date on the 2008A series for the reasons mentioned above. The purpose of the 2006 bonds was to finance improvements at certain city parks and land acquisition for future parks. The improvements included the Service Club ball fields, East Hill Skate Park, and the Town Square Plaza. The purpose of the 2008 bonds included financing the design and construction of the public works maintenance facility, renovate the municipal court facility, Construction at the ShoWare Center, implement the capital components of the City's 2008 technology plan. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph NAY: N/A BUDGET IMPACTS: Current estimates on the 2006 series are a net present value savings of $604,830 or 7.03% on the refunded bonds, and a true interest cost of 2.68%. NO. AN ORDINANCE OF THE CITY OF KENT, WASHINGTON, PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $30,000,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. PASSED: AUGUST 4, 2015 PREPARED BY: PACIFICA LAW GROUP LLP Seattle, Washington CITY OF KENT ORDINANCE NO. TABLE OF CONTENTS* Page SECTION 1. - Definitions and Interpretation of Terms...............................4 SECTION 2. - Authorization of Bonds and Bond Details ............................9 SECTION 3. - Registration, Exchange and Payments ............................... 10 SECTION 4. - Redemption Prior to Maturity and Purchase of Bonds.. 16 SECTION 5. - Form of Bonds..............................................................................21 SECTION 6. - Execution of Bonds.....................................................................23 SECTION 7. - Refunding Plan; Application of Bond Proceeds................24 SECTION 8. - Tax Covenants..............................................................................27 SECTION 9. - Bond Fund and Provision for Tax Levy Payments ..........28 SECTION 10. - Defeasance....................................................................................29 SECTION 11. - Sale of Bonds................................................................................30 SECTION 12. - Undertaking to Provide Ongoing Disclosure .....................33 SECTION 13. - Lost, Stolen or Destroyed Bonds...........................................37 SECTION 14. - Severability; Ratification..........................................................38 SECTION 15. - Corrections by City Clerk or Code Reviser........................38 SECTION 16. - Effective Date of Ordinance ....................................................38 * This Table of Contents is provided for convenience only and is not a part of this ordinance. -i- CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENT, WASHINGTON, PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $30,000,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. RECITALS A. The City of Kent, Washington (the "City") has outstanding its Limited Tax General Obligation Bonds, 2006, issued pursuant to Ordinance No. 3778 adopted by the City Council (the "Council") of the City on December 13, 2005 (the "2006 Bond Ordinance"), which remain outstanding as follows: Maturity Date (December 1) Principal Amount Interest Rate 2015 $ 800,000 5.00% 2016 800,000 4.000 2017 800,000 4.000 2018 800,000 4.250 2019 700,000 4.250 2020 800,000 4.375 Limited Tax General Obligation Refunding Bonds, 2015 1 Maturity Date (December 1) Principal Amount Interest Rate 2021 1,100,000 4.250 2022 1,200,000 4.375 2023 1,400,000 4.500 2024 1,000,000 4.500 (the "2006 Bonds"); and B. The 2006 Bond Ordinance provides that the City may call the 2006 Bonds maturing on or after December 1, 2016 (the "2006 Refunding Candidates") for redemption on or after December 1, 2015, in whole or in part at any time, at a price of par plus accrued interest, if any, to the date of redemption; and C. After due consideration it appears to the Council that all or a portion of the 2006 Refunding Candidates (the "2006 Refunded Bonds") may be defeased and refunded by the proceeds of limited tax general obligation refunding bonds at a savings to the City and its taxpayers; and D. The City has outstanding its Limited Tax General Obligation Bonds, 2008A, issued pursuant to Ordinance No. 3889 adopted by the Council on August 19, 2008 (the "2008A Bond Ordinance"), which remain outstanding as follows: Maturity Date (December 1) Principal Amount Interest Rate 2015 $ 730,000 4.50% 2016 735,000 5.00 2017 790,000 5.00 2018 795,000 5.00 2019 900,000 5.00 2020 905,000 5.00 2021 2,010,000 5.50 2022 3,125,000 5.25 2023 3,645,000 5.25 2024 3,870,000 5.25 Limited Tax General Obligation Refunding Bonds 2 Maturity Date (December 1) Principal Amount Interest Rate 2025 2,490,000 5.25 (the "2008A Bonds"); and E. The 2008A Bond Ordinance provides that the City may call the 2008A Bonds maturing on or after December 1, 2019 (the "2008A Refunding Candidates," and together with the 2006 Refunding Candidates, the "Refunding Candidates") for redemption on or after December 1, 2018, in whole or in part at any time, at a price of par plus accrued interest, if any, to the date of redemption; and F. After due consideration it appears to the Council that all or a portion of the 2008A Refunding Candidates (the "2008A Refunded Bonds," and together with the 2006 Refunded Bonds, the "Refunded Bonds") may be defeased and refunded by the proceeds of limited tax general obligation refunding bonds at a savings to the City and its taxpayers; and G. The Council deems it in the best interest of the City to issue one or more series of limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $30,000,000 (the "Bonds") to redeem and defease all or a portion of the Refunding Candidates and to pay costs of issuing the Bonds; and H. The Council wishes to delegate authority to the Mayor (the "Designated Representative"), for a limited time, to approve the interest rates, maturity dates, redemption terms and principal maturities for each series of Bonds within the parameters set by this ordinance; and I. The City expects to receive a proposal from KeyBanc Capital Limited Tax General Obligation Refunding Bonds 3 Markets Inc. (the "Underwriter') and now desires to issue and sell the Bonds to the Underwriter as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - Definitions and Interpretation of Terms. (a) Definitions. As used in this ordinance, the following words shall have the following meanings: Acquired Obligations means the Government Obligations acquired by the City under the terms of this ordinance and the Escrow Deposit Agreement to effect the defeasance and refunding of the Refunded Bonds. Beneficial Owner means any person that has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). Bond Fund means the "City of Kent Limited Tax General Obligation Bond Debt Service Fund" authorized to be created pursuant to Section 9. Bond Purchase Contract means the contract(s) for the purchase of the Bonds between the Underwriter and the City, executed pursuant to Section 11. Bond Register means the registration books showing the name, address and tax identification number of each Registered Owner of the Bonds, maintained pursuant to Section 149(a) of the Code. Bond Registrar means, initially, the fiscal agency of the State of Washington, for the purposes of registering and authenticating each series Limited Tax General Obligation Refunding Bonds 4 of Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying interest on and principal of the Bonds. Bonds mean the not to exceed $30,000,000 aggregate principal amount of City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 201[_][(Taxable)], authorized to be issued in one or more series pursuant to this ordinance. Call Date means the dates specified in the Escrow Deposit Agreement(s) for the refunding of each series of the Refunded Bonds. Chief Administrative Officer means the Chief Administrative Officer of the City or the successor to such officer. City means the City of Kent, Washington, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Washington. Code means the Internal Revenue Code of 1986, as amended, and shall include all applicable regulations and rulings relating thereto. Commission means the Securities and Exchange Commission. Council or City Council means the legislative body of the City as duly and regularly constituted from time to time. Designated Representative means the City Mayor, or his or her designee. If the Mayor is absent or otherwise unavailable, the Mayor Pro Tempore of the City, or his or her designee, shall serve as the Designated Representative. Limited Tax General Obligation Refunding Bonds 5 DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to Section 3. Escrow Agent means U.S. Bank National Association, Seattle, Washington. Escrow Deposit Agreement means the Escrow Deposit Agreement(s) between the City and the Escrow Agent to be dated as of the date of closing of a series of Bonds. Federal Tax Certificate means the certificate(s) executed by the Finance Director setting forth the requirements of the Code for maintaining the tax exemption of interest on a series of Tax-Exempt Bonds, and attachments thereto. Finance Director means the Finance Director of the City or the successor to such officer. Government Obligations mean those obligations now or hereafter defined as such in chapter 39.53 RCW. Letter of Representations means the blanket issuer letter of representations from the City to DTC. MSRB means the Municipal Securities Rulemaking Board or any successors to its functions. Refunded Bonds mean the 2006 Refunded Bonds and the 2008A Refunded Bonds. Refunding Account means the account by that name established pursuant to Section 7. Limited Tax General Obligation Refunding Bonds 6 Refunding Candidates mean the 2006 Refunding Candidates and the 2008A Refunding Candidates. Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book- entry only form, DTC or its nominee shall be deemed to be the sole Registered Owner. Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. Taxable Bonds means any Bonds determined to be issued on a taxable basis pursuant to Section 11. Tax-Exempt Bonds means any Bonds determined to be issued on a tax-exempt basis under the Code pursuant to Section 11. 2006 Bond Ordinance means Ordinance No. 3778 adopted by the Council on December 13, 2005 authorizing the issuance of the 2006 Bonds. 2006 Bonds mean the City of Kent, Washington, Limited Tax General Obligation Bonds, 2006 issued pursuant to the 2006 Bond Ordinance as described in the recitals of this ordinance. 2006 Refunded Bonds mean all or a portion of the 2006 Refunding Candidates designated by the Designated Representative for refunding pursuant to Section 7 and Section 11. 2006 Refunding Candidates mean the 2006 Bonds maturing on or after December 1, 2016. Limited Tax General Obligation Refunding Bonds 7 2008A Bond Ordinance means Ordinance No. 3889 adopted by the Council on August 19, 2008 authorizing the issuance of the 2008A Bonds. 2008A Bonds mean the City of Kent, Washington, Limited Tax General Obligation Bonds, 2008A issued pursuant to the 2008A Bond Ordinance as described in the recitals of this ordinance. 2008A Refunded Bonds mean all or a portion of the 2008A Refunding Candidates designated by the Designated Representative for refunding pursuant to Section 7 and Section 11. 2008A Refunding Candidates mean the 2008A Bonds maturing on or after December 1, 2019. Underwriter means KeyBanc Capital Markets Inc., or its successors. (b) Interpretation. In this ordinance, unless the context otherwise requires: (1) The terms "hereby," "hereof," "hereto," "herein," "hereunder" and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term "hereafter' shall mean after, and the term "heretofore" shall mean before, the date of this ordinance; (2) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa; (3) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, Limited Tax General Obligation Refunding Bonds 8 corporations and other legal entities, including public bodies, as well as natural persons; (4) Any headings preceding the text of the several articles and sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; and (5) All references herein to "articles," "sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof. SECTION 2.- Authorization of Bonds and Bond Details. For the purpose of refunding the Refunded Bonds and paying costs of issuance of the Bonds, the City is hereby authorized to issue and sell one or more series of limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $30,000,000 (the "Bonds"). The Bonds of each series shall be general obligations of the City, shall be designated "City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 201[ ][(Taxable)]" with other such designation as set forth in the applicable Bond Purchase Contract and approved by the Designated Representative. The Bonds may be sold in one or more series, with each series dated the date of its initial delivery. The Bonds of each series shall be fully registered as to both principal and interest, shall be in the denomination of $5,000 each or any integral multiple thereof within a Limited Tax General Obligation Refunding Bonds 9 maturity, shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification and control, and shall bear interest payable on the dates set forth in the applicable Bond Purchase Contract. The Bonds shall bear interest at the rates set forth in the applicable Bond Purchase Contract; and shall mature on the dates and in the principal amounts set forth in the applicable Bond Purchase Contract and as approved by a Designated Representative pursuant to Section 11. SECTION 3. - Registration, Exchange and Payments. (a) Bond Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment the state fiscal agency. The City shall cause a Bond Register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the Finance Director upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this Limited Tax General Obligation Refunding Bonds 10 ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. (b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond of each series as the absolute owner thereof for all purposes (except as provided in Section 12 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 3(h), but such Bond may be transferred as herein provided. All such payments made as described in Section 3(h) shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held in fully immobilized form by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or Limited Tax General Obligation Refunding Bonds 11 required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC, or any successor depository), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully immobilized form by a depository, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. (d) Use of Depository. (1) The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds within a series in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Finance Director pursuant to subsection (2) below or such substitute depository's successor; or (C) to any person as provided in subsection (4) below. (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a Limited Tax General Obligation Refunding Bonds 12 determination by the Finance Director to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds of a series, together with a written request on behalf of the Finance Director, issue a single new Bond for each maturity of a series then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Finance Director. (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the Finance Director determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain physical Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and such Bonds shall no longer be held by a depository. The Finance Director shall deliver a written request to the Bond Registrar, together with a supply of physical Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds of a series together with a written request on behalf of the Finance Director to the Bond Limited Tax General Obligation Refunding Bonds 13 Registrar, new Bonds of such series shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity, series, and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity, series, and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer or to exchange any Bond during the 15 days preceding any principal payment date any such Bond is to be redeemed. Limited Tax General Obligation Refunding Bonds 14 (f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. (g) Registration Covenant. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. (h) Place and Medium of Payment. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are held by a depository, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer held by a depository, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by the Bond Registrar at least 15 days prior to the applicable payment date), such payment shall be made by the Bond Registrar by Limited Tax General Obligation Refunding Bonds 15 wire transfer to the account within the United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar. If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. SECTION 4, - Redemption Prior to Maturity and Purchase of Bonds. (a) Mandatory Redemption of Term Bonds and Optional Redemption, if any. Each series of Bonds shall be subject to optional redemption on the dates, at the prices and under the terms set forth in the applicable Bond Purchase Contract approved by the Designated Representative pursuant to Section 11. Each series of Bonds shall be subject to mandatory redemption to the extent, if any, set forth in the applicable Bond Purchase Contract approved by the Designated Representative pursuant to Section 11. (b) Purchase of Bonds. The City reserves the right to purchase any of the Bonds offered to it at any time at a price deemed reasonable by the Finance Director. (c) Selection of Bonds for Redemption. For as long as the Bonds are held in book-entry only form, the selection of particular Bonds within a series and maturity to be redeemed shall be made in accordance with the operational arrangements then in effect at DTC. If the Bonds are no Limited Tax General Obligation Refunding Bonds 16 longer held in uncertificated form, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this subsection (c). If the City redeems at any one time fewer than all of the Bonds within a series having the same maturity date, the particular Bonds or portions of Bonds of such series and maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond of such series and maturity as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bond of such series and maturity by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like maturity, series, and interest rate in any of the denominations herein authorized. (d) Notice of Redemption. (1) Official Notice. For so long as the Bonds are held in uncertificated form, notice of redemption (which notice may be conditional) shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any Beneficial Owners. Limited Tax General Obligation Refunding Bonds 17 Thereafter (if the Bonds are no longer held in uncertificated form), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption (which redemption may be conditioned by the Bond Registrar on the receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Bonds are to be redeemed, the identification by series and maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (D) that (unless such notice is conditional) on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and Limited Tax General Obligation Refunding Bonds 18 (E) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office of the Bond Registrar. On or prior to any redemption date, unless any condition to such redemption has not been satisfied or waived or notice of such redemption has been rescinded, the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. The City retains the right to rescind any redemption notice and the related optional redemption of Bonds by giving notice of rescission to the affected registered owners at any time on or prior to the scheduled redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. (2) Effect of Notice; Bonds Due. If an unconditional notice of redemption has been given and not rescinded, or if the conditions set forth in a conditional notice of redemption have been satisfied or waived, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and, if the Bond Registrar then holds sufficient funds to pay such Bonds at the redemption price, then from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of Limited Tax General Obligation Refunding Bonds 19 interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued. (3) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the series and maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 20 days before the redemption date to each party entitled to receive notice pursuant to Section 12 and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. (4) Amendment of Notice Provisions. The foregoing notice provisions of this Section 4, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to Limited Tax General Obligation Refunding Bonds 20 maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. SECTION 5. - Form of Bonds. The Bonds shall be in substantially the following form with appropriate or necessary insertions, depending upon the omissions and variations as permitted or required hereby: UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTON CITY OF KENT LIMITED TAX GENERAL OBLIGATION REFUNDING BOND, 201[_][(TAXABLE)] INTEREST RATE: % MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Kent, Washington (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from , 20 , or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on and semiannually thereafter on the first days of each succeeding and . Both principal of and interest on this bond are payable in lawful money of the United States of America. The fiscal agency of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Bond Registrar'). For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the City to DTC. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and Ordinance No. duly passed by the City Council Limited Tax General Obligation Refunding Bonds 21 on , 2015 (the "Bond Ordinance"). Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Bond Registrar or its duly designated agent. This bond is one of an authorized issue of bonds of like series, date, tenor, rate of interest and date of maturity, except as to number and amount in the aggregate principal amount of $ and is issued pursuant to the Bond Ordinance to provide a portion of the funds necessary (a) to defease and refund certain limited tax general obligation bonds of the City, and (b) to pay costs of issuance. [The bonds of this issue are subject to redemption as provided in the Bond Ordinance and the Bond Purchase Contract.] The City hereby irrevocably covenants and agrees with the owner of this bond that it will include in its annual budget and levy taxes annually, within and as a part of the tax levy permitted to the City without a vote of the electorate, upon all the property subject to taxation in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on this bond as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. [The bonds of this issue have [not] been designated by the City as "qualified tax-exempt obligations" for investment by financial institutions under Section 265(b) of the Code.] The pledge of tax levies for payment of principal of and interest on the bonds may be discharged prior to maturity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist and to have happened, been done and performed precedent to and in the issuance of this bond exist and have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. Limited Tax General Obligation Refunding Bonds 22 IN WITNESS WHEREOF, the City of Kent, Washington has caused this bond to be executed by the manual or facsimile signatures of the Mayor and the City Clerk and the seal of the City imprinted, impressed or otherwise reproduced hereon as of this day of , 20 . [SEAL] CITY OF KENT, WASHINGTON By /s/ manual or facsimile Mayor ATTEST: /s/ manual or facsimile City Clerk The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within-mentioned Bond Ordinance and is one of the Limited Tax General Obligation Refunding Bonds, 201[ ][(Taxable)] of the City of Kent, Washington, dated 201. WASHINGTON STATE FISCAL AGENCY, as Bond Registrar By SECTION 6. - Execution of Bonds. The Bonds of each series shall be executed on behalf of the City with the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk and the seal of the City shall be impressed, imprinted or otherwise reproduced thereon. Only such Bonds as shall bear thereon a Certificate of Authentication in the form hereinbefore recited, manually executed by the Limited Tax General Obligation Refunding Bonds 23 Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. In case either of the officers who shall have executed the Bonds shall cease to be an officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond may be signed and attested on behalf of the City by such persons who at the date of the actual execution of such Bond, are the proper officers of the City, although at the original date of such Bond any such person shall not have been such officer of the City. SECTION 7. - Refunding Plan; Application of Bond Proceeds. (a) Refunding Plan. For the purpose of realizing a debt service savings, the City proposes to defease and refund the Refunded Bonds as set forth herein. The Refunded Bonds shall include all or a portion of the Refunding Candidates as designated by the Designated Representative and set forth in the Bond Purchase Contract. Proceeds of the Bonds shall be deposited with the Escrow Agent pursuant to the Escrow Deposit Agreement to be used immediately upon receipt thereof to defease the Limited Tax General Obligation Refunding Bonds 24 Refunded Bonds as authorized by the 2006 Bond Ordinance and/or 2008A Bond Ordinance, as applicable, and to pay costs of issuance of the Bonds. The net proceeds deposited with the Escrow Agent shall be used to defease the Refunded Bonds and discharge the obligations thereon by the purchase of Acquired Obligations bearing such interest and maturing as to principal and interest in such amounts and at such times which, together with any necessary beginning cash balance, will provide for the payment of: (1) interest on the Refunded Bonds as such becomes due on and prior to the applicable Call Date; and (2) the redemption price (100% of the principal amount) of the Refunded Bonds on the applicable Call Date. Such Acquired Obligations shall be purchased at a yield not greater than the yield permitted by the Code and regulations relating to acquired obligations in connection with refunding bond issues. (b) Escrow Agent/Escrow Deposit Agreement. The City hereby appoints U.S. Bank National Association, Seattle, Washington, as the Escrow Agent for the Refunded Bonds (the "Escrow Agent"). A beginning cash balance, if any, and the Acquired Obligations shall be deposited irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The proceeds of the Bonds remaining after acquisition of the Acquired Obligations and provision for the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and Limited Tax General Obligation Refunding Bonds 25 safekeeping of the Acquired Obligations and costs of issuance of the Bonds. In order to carry out the purposes of this Section 7, the Finance Director is authorized and directed to execute and deliver to the Escrow Agent, an Escrow Deposit Agreement. (c) Call for Redemption of Refunded Bonds. The City hereby sets aside sufficient funds out of the purchase of Acquired Obligations from proceeds of the Bonds to make the payments described above. The City hereby calls the Refunded Bonds for redemption on their Call Date in accordance with the provisions of the 2006 Bond Ordinance and the 2008A Bond Ordinance, authorizing the redemption and retirement of such bonds, prior to their fixed maturities. Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable after the issuance of the Bonds and delivery of the Acquired Obligations to the Escrow Agent. The Escrow Agent is hereby authorized and directed to provide for the giving of notices of the redemption of the Refunded Bonds in accordance with the applicable provisions of the 2006 Bond Ordinance and the 2008A Bond Ordinance. The costs of publication of such notices shall be an expense of the City. The Escrow Agent is hereby authorized and directed to pay to the Finance Director, or, at the direction of the Finance Director, to the paying agent for the Refunded Bonds, sums sufficient to pay, when due, the payments specified in this Section 7. All such sums shall be paid from the Limited Tax General Obligation Refunding Bonds 26 moneys and Acquired Obligations deposited with the Escrow Agent, and the income therefrom and proceeds thereof. All such sums so paid to or to the order of the Finance Director shall be credited to the Refunding Account. All moneys and Acquired Obligations deposited with the Escrow Agent and any income therefrom shall be held, invested (but only at the direction of the Finance Director) and applied in accordance with the provisions of this ordinance and with the laws of the State of Washington for the benefit of the City and owners of the Refunded Bonds. The City will take such actions as are found necessary to see that all necessary and proper fees, compensation and expenses of the Escrow Agent for the Refunded Bonds shall be paid when due. SECTIONS. - Tax Covenants. (a) General. The City shall comply with the provisions of this section unless, in the written opinion of Bond Counsel to the City, such compliance is not required to maintain the exemption of the interest on the Tax-Exempt Bonds from federal income taxation. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Tax-Exempt Bonds. The City covenants to undertake all actions required to maintain the tax-exempt status of interest on the Tax-Exempt Bonds under Section 103 of the Code as set forth in the Federal Tax Certificate that will be executed at the closing of a series of Tax-Exempt Bonds. Limited Tax General Obligation Refunding Bonds 27 (b) In the Federal Tax Certificate the City may designate a series of Tax-Exempt Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code for investment by financial institutions if at the time of such designation it reasonably does not expect to issue more than $10,000,000 in qualifying tax-exempt debt during the calendar year in which such Tax-Exempt Bonds were issued. SECTION 9. - Bond Fund and Provision for Tax Levy Payments. The City hereby authorizes the creation of a fund to be used for the payment of debt service on the Bonds, designated as the "City of Kent Limited Tax General Obligation Bond Debt Service Fund" (the "Bond Fund"). No later than the date each payment of principal of or interest on the Bonds becomes due, the City shall transmit sufficient funds, from the Bond Fund or from other legally available sources, to the Bond Registrar for the payment of such principal or interest. Money in the Bond Fund may be invested in legal investments for City funds. The City hereby irrevocably covenants and agrees for as long as any of the Bonds are outstanding and unpaid that each year it will include in its budget and levy an ad valorem tax upon all the property within the City subject to taxation in an amount that will be sufficient, together with all other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bonds when due. The City hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the tax levy permitted to cities without a vote of Limited Tax General Obligation Refunding Bonds 28 the people, and that a sufficient portion of each annual levy to be levied and collected by the City prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of said taxes and for the prompt payment of the principal of and interest on the Bonds when due. SECTION 10. - Defeasance. In the event that the City, to effect the payment, retirement or redemption of any Bond, sets aside in the Bond Fund or in another special account, cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, premium, if any, and interest from the Bond Fund or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. Limited Tax General Obligation Refunding Bonds 29 The City shall give written notice of defeasance to the owners of all Bonds so provided for within 20 days of the defeasance and to each party entitled to receive notice in accordance with Section 12. SECTION 11. - Sale of Bonds. (a) Bond Sale. The Bonds shall be sold at negotiated sale to the Underwriter pursuant to the terms of one or more Bond Purchase Contracts. Market conditions are fluctuating and, as a result, the most favorable market conditions may occur on a day other than a regular meeting date of the Council. The Council has determined that it would be in the best interest of the City to delegate to the Designated Representative for a limited time the authority to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds, redemption rights, whether to issue the Bonds in one or more series, whether to designate the Bonds (or the Bonds of a series) as Tax- Exempt or Taxable Bonds, whether to designate the Bonds of a series as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code, and selection of the Refunded Bonds . The Designated Representative is hereby authorized to determine whether to issue the Bonds in one or more series, whether to designate the Bonds (or the Bonds of a series) as Tax-Exempt or Taxable Bonds, whether to designate the Bonds of a series as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code, and to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds, selection of the Refunded Bonds, and redemption Limited Tax General Obligation Refunding Bonds 30 rights for the Bonds in the manner provided hereafter so long as: (i) the aggregate principal amount of Bonds issued from time to time pursuant to this ordinance does not exceed $30,000,000, (ii) the final maturity date for the Bonds is no later than December 1, 2025, (iii) each series of Bonds are sold (in the aggregate) at a price not less than 97% and not greater than 130%, (iv) any Bonds sold for the purpose of refunding the 2006 Refunded Bonds are sold for a price that results in a minimum aggregate net present value debt service savings over the 2006 Refunded Bonds of at least 3.00%, (v) any Bonds sold for the purpose of refunding the 2008A Bonds are sold for a price that results in a minimum aggregate net present value debt service savings over the 2008A Refunded Bonds of at least 3.00%, (vi) the true interest cost for each series of Bonds (in the aggregate) does not exceed 3.50%, and (vii) the Bonds conform to all other terms of this ordinance. Subject to the terms and conditions set forth in this section, the Designated Representative is hereby authorized to execute the Bond Purchase Contract for each series of Bonds issued pursuant to this ordinance. Following the execution of each Bond Purchase Contract, the Finance Director shall provide a report to the Council describing the final Limited Tax General Obligation Refunding Bonds 31 terms of the applicable series of Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated Representative by this Section 11 shall expire on March 1, 2016. If the Bonds authorized herein have not been sold by March 1, 2016, the Bonds shall not be issued nor their sale approved unless such Bonds shall have been re-authorized by ordinance of the Council. The ordinance re- authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a bond purchase contract or establishing terms and conditions for the authority delegated under this Section 11. (b) Delivery of Bonds; Documentation. Upon the passage and approval of this ordinance, the proper officials of the City, including the Finance Director and Chief Administrative Officer, are authorized and directed to undertake all action necessary for the prompt execution and delivery of each series of Bonds to the Underwriter and further to execute all closing certificates and documents required to effect the closing and delivery of each series of Bonds in accordance with the terms of this ordinance and the Bond Purchase Contract. (c) Preliminary and Final Official Statements. The Finance Director is hereby authorized to ratify and to deem final the preliminary Official Statement relating to each series of Bonds for the purposes of the Rule. The Finance Director is further authorized to ratify and to approve for purposes of the Rule, on behalf of the City, the final Official Statement Limited Tax General Obligation Refunding Bonds 32 relating to the issuance and sale of each series of Bonds and the distribution of the final Official Statement pursuant thereto with such changes, if any, as may be deemed by him or her to be appropriate. SECTION 12. - Undertaking to Provide Ongoing Disclosure. (a) Contract/Undertaking. This section constitutes the City's written undertaking for the benefit of the owners, including Beneficial Owners, of the Bonds as required by Section (b)(5) of the Rule. (b) Financial Statements/Operating Data. With respect to each series of Bonds issued pursuant to this ordinance, the City agrees to provide or cause to be provided to the MSRB the following annual financial information and operating data for the prior fiscal year (commencing in 2015 for the fiscal year ended December 31, 2014): 1. Annual financial statements, which statements may or may not be audited, showing ending fund balances for the City's general fund prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of the type specified in the official statement for the Bonds; 2. The assessed valuation of taxable property in the City; 3. Ad valorem taxes due and percentage of taxes collected; 4. Property tax levy rate per $1,000 of assessed valuation; and 5. Outstanding general obligation debt of the City. Limited Tax General Obligation Refunding Bonds 33 Items 2-5 shall be required only to the extent that such information is not included in the annual financial statements. The information and data described above shall be provided on or before the end of nine months after the end of the City's fiscal year. The City's current fiscal year ends on December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to the MSRB. In lieu of providing such annual financial information and operating data, the City may cross-reference to other documents available to the public on the MSRB's internet website or filed with the Commission. If not provided as part of the annual financial information discussed above, the City shall provide to the MSRB the City's audited annual financial statements prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) when and if available. (c) Listed Events. The City agrees to provide or cause to be provided to the MSRB, in a timely manner not in excess of 10 business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: • Principal and interest payment delinquencies; • Non-payment related defaults, if material; • Unscheduled draws on debt service reserves reflecting financial difficulties; Limited Tax General Obligation Refunding Bonds 34 • Unscheduled draws on credit enhancements reflecting financial difficulties; • Substitution of credit or liquidity providers, or their failure to perform; • Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; • Modifications to the rights of Bondholders, if material; • Bond calls, if material, and tender offers; • Defeasances; • Release, substitution, or sale of property securing repayment of the Bonds, if material; • Rating changes; • Bankruptcy, insolvency, receivership or similar event of the City; • The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement Limited Tax General Obligation Refunding Bonds 35 relating to any such actions, other than pursuant to its terms, if material; and Appointment of a successor or additional trustee or the change of name of a trustee, if material. (d) Format for Filings with the MSRB. All notices, financial information and operating data required by this undertaking to be provided to the MSRB must be in an electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to this undertaking must be accompanied by identifying information as prescribed by the MSRB. (e) Notification Upon Failure to Provide Financial Data. The City agrees to provide or cause to be provided, in a timely manner, to the MSRB notice of its failure to provide the annual financial information described in Subsection (b) above on or prior to the date set forth in Subsection (b) above. (f) Termination/Modification. The City's obligations to provide annual financial information and notices of certain listed events shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and void if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that the portion of the Rule that requires that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds and (2) notifies the MSRB of such opinion and the cancellation of this section. Limited Tax General Obligation Refunding Bonds 36 The City may amend this section with an opinion of nationally recognized bond counsel in accordance with the Rule. In the event of any amendment of this section, the City shall describe such amendment in the next annual report, and shall include a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (A) notice of such change shall be given in the same manner as for a listed event under Subsection (c), and (B) the annual report for the year in which the change is made shall present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. (g) Bond Owner's Remedies Under This Section. The right of any bondowner or Beneficial Owner of Bonds to enforce the provisions of this section shall be limited to a right to obtain specific enforcement of the City's obligations under this section, and any failure by the City to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. SECTION 13. - Lost, Stolen or Destroyed Bonds. In case any Bond or Bonds shall be lost, stolen or destroyed, the Bond Registrar may execute and deliver a new Bond or Bonds of like date, series, number and Limited Tax General Obligation Refunding Bonds 37 tenor to the Registered Owner thereof upon the Registered Owner's paying the expenses and charges of the City and the Bond Registrar in connection therewith and upon his/her filing with the City evidence satisfactory to the City that such Bond was actually lost, stolen or destroyed and of his/her ownership thereof, and upon furnishing the City and/or the Bond Registrar with indemnity satisfactory to the City and the Bond Registrar. SECTION 14. - Severability; Ratification. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance or the Bonds and the same shall remain in full force and effect. All acts taken pursuant to the authority granted in this ordinance but prior to its effective date are hereby ratified and confirmed. SECTION 15. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the Code Reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section or subsection numbers; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 16. - Effective Date of Ordinance. This ordinance shall take effect thirty (30) days after its passage as provided by law. Limited Tax General Obligation Refunding Bonds 38 Adopted by the City Council of the City of Kent, Washington, at a regular meeting thereof held this 4th of August, 2015. SUZETTE COOKE, MAYOR ATTEST RONALD F. MOORE, MMC, CITY CLERK APPROVED AS TO FORM: PACIFICA LAW GROUP LLP Bond Counsel PASSED: 4th day of August, 2015. APPROVED: day of 2015. PUBLISHED: day of 2015. I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the Mayor of the city of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK Limited Tax General Obligation Refunding Bonds 39 This page intentionally left blank. �. O T ��" Agenda Item: Other Business — 813 TO: City Council DATE: August 4, 2015 SUBJECT: Fireworks Advisory Proposition Pro and Con Committees — Appoint MOTION: Move to appoint , , and to serve on the committee advocating approval of Proposition 1, and I and to serve on the committee advocating disapproval of Proposition 1, and direct the City Clerk to submit the appointments to King County Elections. SUMMARY: On July 28, 2015, the Council approved Resolution No. 1913, which requests King County Elections add Proposition 1 to the November 3, 2015 ballot, calling for an advisory vote on whether the Council should pass an ordinance prohibiting the sale, possession, or discharge of consumer fireworks. In accordance with RCW 29A.32.280, arguments advocating approval and disapproval of the advisory ballot proposition are to be included in the voters' pamphlet and must be prepared by committees appointed by the Council. Each committee must be composed of not more than three persons. The committee advocating approval of the advisory proposition must be composed of persons known to favor ballot Proposition 1, meaning, they favor a "Yes" vote advising the Council to adopt a prohibition of the sale, possession, and discharge of consumer fireworks. The committee advocating disapproval must be composed of persons known to oppose Proposition 1, meaning, they favor a "No" vote, and disapprove advising Council to prohibit the sale, possession, and discharge of consumer fireworks. The Council issued a notice to the public calling for applications to serve on the committees. Applications were due by August 3 at 5:00 pm. The Council now appoints members to the committees. Each committee's statement shall be due to King County Elections no later than 4:30 pm on August 13, 2015. Each committee's rebuttal shall be due no later than August 17, 2015 at 4:30 pm. EXHIBITS: None RECOMMENDED BY: YEA: NAY: BUDGET IMPACTS: None This page intentionally left blank. �. O T ��" Agenda Item: Bids - 9A TO: City Council DATE: August 4, 2015 SUBJECT: Briscoe-Desimone Levee Improvements Reach 4 - Award MOTION: Move to award the Briscoe-Desimone Levee Improvements Reach 4 to Razz Construction, Inc. in the amount of $873,421.28 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The project consists of the construction of a setback levee floodwall landward of Briscoe Levee adjacent to the Green River north of South 200th Street. The floodwall will consist of installing two reinforced concrete walls and will be approximately 325 feet long. This project will also include approximately 970 cubic yards of fill and 162 tons of asphalt pavement for the bike trail. EXHIBITS: Memo dated July 29, 2015 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: Funding for this project is from the King County Flood Control District in accordance with our executed Interlocal Agreement. This page intentionally left blank. 40 PUBLIC WORKS DEPARTMENT Timothy ]. LaPorte, P.E., KNT Public Works Director Mn Bxi f.Yfu Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: July 28, 2015 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Briscoe — Desimone Levee Improvements Reach 4 - Award Bid opening for this project was held on Tuesday July 28, 2015 with four bids received. The lowest responsible and responsive bid was submitted by Razz Construction, Inc. in the amount of $873,421.28. The Engineer's estimate was $1,223,586.95. The Public Works Director recommends awarding this contract to Razz Construction, Inc. Bid Summary 01. Razz Construction, Inc. $873,421.28 02. Tapani, Inc. $941,267.48 03. Mid Mountain Contractors, Inc. $1,085,763.68 04. James W. Fowler Co. $1,158,444.30 Engineer's Estimate $1,223,586.95 This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. OFFICE OF THE MAYOR \ � Derek Matheson, Chief Administrative Officer v Kt=NT Phone: 253-856-5700 ......... Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 08/04/15 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, August 4, 2015 The Chief Administrative Officer's report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • Mayor Suzette Cooke and Council President Dana Ralph selected three additional members for consideration to the Financial Sustainability Task Force, increasing the size from 15 to 18 members: Elmo "Lamont" Palmer, Marcia "Lisa" Bartholomew and Parwinder Dhanda. In addition, Mayor Suzette Cooke and Council President Dana Ralph recommended Jerry Coupe as Chair, and he accepted. • The Mayor's Office and Finance Department continue to meet with individual departments to discuss mid-biennium budget adjustment requests. As we face a significant imbalance between revenues and expenditures in the General Fund, and this is an adjustment year rather than a new budget year, the mayor and CAO are scrutinizing requests carefully to ensure that they are urgent and/or unforeseen when the biennial budget was adopted. • ARC Architects has completed its meetings with departments to explore whether interior modifications to the City Hall Campus can accommodate the Police Department's medium-term space needs and increase the efficiency of each department. We expect an initial report very soon. ECONOMIC AND COMMUNITY DEVELOPMENT Economic Development o Provail is confirmed to relocate from Shoreline to Kent, bringing 50 quality manufacturing jobs to our community. Provail offers life opportunities to people with disabilities by operating for-profit fabrication business, which is recognized by Boeing as a Silver-level supplier. ECD staff has closely worked with their operations crew to answer questions about Kent as an optimum location for their manufacturing facilities. Page lof 9 Long Range Planning o At their July 23rd meeting, the Sound Transit Board selected an I-5 preferred alignment to move forward into the Final Environment Impact Statement (FEIS) for the Federal Way Link Extension, but requested additional analysis of the Kent-Des Moines station location within the next 90 days to determine a station location preference to move forward in the FEIS as well. The Board also made it clear that service to students at Highline College, transit-oriented development, multimodal access to the station and east/west connections from the station are important components to consider. Staff from Sound Transit, jurisdictions in the corridor and other stakeholders will be meeting to determine if there is a win/win position for moving forward. FINANCE Finance held a rating call with Standard & Poor's (S&P). The rating call is a standard part of any bonding or refunding process. Because the City had recently been through a rating call earlier this year, S&P was interested in discussing any new developments from a budget/economic/financial perspective since the Spring. Finance should hear the outcome of the rating call in the next couple of weeks. HUMAN RESOURCES Nothing to report INFORMATION TECHNOLOGY • Multimedia recently finished a video that is part of a series about the Kent Neighborhood Program. This particular story follows the Pheasants Hollow neighborhood through the process involved in getting an $8,000 grant for new playground equipment. It discusses the process, requirements and the success of the neighborhood. The neighborhood was glowingly thankful to the city for the grant and also loved the video. You can view the video at https://vimeo.com/134459739. • Tech Services has just completed the 2015 Desktop Refresh Project which updated 60 computers throughout the City. The units replaced where the third phase of a 4-year project. The successful efforts of this project being done ahead of schedule was due in great part to a small team of great employees who excelled in their dedication to the project. The quick and competent completion of this year's portion of the Desktop Refresh Project is allowing Tech Services to begin the 4th phase several months early. LAW • In Kent's medical cannabis lawsuit, the City Attorney's Office received notice from the Supreme Court that the Appellant's motion for reconsideration was denied. This lawsuit is now complete, the stay of enforcement is lifted, and the City will be asking all of those in violation of the City's zoning prohibition to comply. A failure to comply will be met with enforcement action. • The City Attorney's Office worked to prepare an ordinance to place the Council's fireworks advisory proposition on the November general election ballot. • Civil Attorney David Galazin met with Economic and Community Development Principal Planner Matt Gilbert and a representative from the Regional Fire Authority in order to prepare a draft fire impact fee ordinance for discussion at the next Economic and Community Development Committee meeting on August 10. Page 2of 9 • Civil Attorney David Galazin met with Finance staff and the City B&O auditors to discuss options for developing a threshold requirement in order for certain low-revenue (small businesses or one-time performers) people to be placed on a "non-filing" status and avoid having to file returns when no tax will ever be due. MUNICIPAL COURT • The court is working with other city departments to make sure they are prepared for the increase in School Zone tickets coming this Fall. Below are the current statistics for 2014-2015. School Zone Tickets Jan Feb Mar April May June July Aug Sept Oct Nov Dec Total 2015 423 467 904 560 920 931 7 4,212 2014 649 832 1032 587 978 883 4 2 1006 1198 623 572 8,366 POLICE • Staff Changes — Hiring/Retirement/Recruitment/ Leaves/Promotions o Conditional offer made to entry level candidate Cedric Brookens • Significant Crime Activities / Arrests / Investigations o July 26 at 2340 hours there was a shots-fired call at the 500 block 6 Ave S. Casings were discovered from an AK47 or SKS. No one was hit. Detectives responded and may have leads. o July 27 at 0250 hours, a stabbing/shooting victim was located at the 9400 block S. 232nd. Detectives are investigating. The victim is in critical condition. o Detectives investigated several violent crimes over the past 3 weeks. A singular suspect for these incidents has been identified and warrants (arrest) have been issued. The Special Investigations Unit detectives are actively trying to locate and arrest a suspect. There is a probability that this subject is also responsible for the above shooting and shooting/stabbing. The subject was taken into custody on July 28. o The Neighborhood Response Team and Patrol apprehended Washington's Most Wanted suspect Jose Adan Avila a.k.a Cowboy'. Subject was wanted on multiple warrants and continued to violate No Contact Orders as well as vicious assaults. o Felony (burglary and illegal possession of a firearm) warrant subject Brian Hunsicker was arrested. He is a high impact offender that is a known thief, prowler and burglar and has been driving a stolen U-Haul vehicle. • Major Emphasis Patrol • At the request of the Parks Department, conducting additional patrols in and around Morrell Meadows Park on SE 248th Street. Citizen complaints over increased transient activity at the park and surrounding area. • The Traffic Unit with UPRR, BNSF, and King County Sound Transit, conducted a Rail Road Crossing Emphasis on 7/22/15. In two hours 78 infractions were issued, most eligible for traffic school. Page 3of 9 • School Issues o Renewing contract with Kent School District and gearing up for new school year. • Events / Awards o National Night Out on Tuesday, August 04, 2015 PUBLIC WORKS Streets o Street Maintenance: • Grind and pave roadway on 71't PI from S 234th to TP North. • Remove fence on James St between 2nd and 3rd Ave. • Prep and pour for sidewalk on James St between 2nd Ave and 3rd, and backfill area. • Grind and pave roadway on James St between 68th and 64th. • Repair alleyway with Millings just south of Titus, east of 4th Ave. • Asphalt repair at 21310 125th Ave SE. o Signs, Markings & Litter Removal • Replace Signs and Install sign bases in the Valley and East Hill area. • Sign installs at Smith St and Washington Ave; S 196th St and 5900 block as well as an Adopt a Road sign locate at SE 248th St, east of 124th Ave SE, east bound. • Pick up litter, remove debris and remove illegal signs on West & East Hills, North and South Valley. o Vegetation • Water Veg: Mow and weed eat at 212th and 208th wells, West hill sites, Guiberson and Ravensdale houses. • Wetland Mitigation Crew: GRNRA Purple Loosestrife removal, seed collecting and transplant of camas bulbs at GRNRA wetland island, sewage cells, interior trails and west side lagoon; Weedwack blackberry at GRNRA South tower. • Wetland maintenance crew: Tansy removal city wide; service request at 11422 SE 256th, 24036 11lth pl SE and 26410 108th Ave SE; Loosestrife removal at GRNRA and Boeing Creek; Litter removal and weeding at North and South parking lots of GRNRA. • Street Vegetation: Drive for Streets paving projects on James St and 71't PI; Mow and Line trim Reith Rd and the Armory; on 64th from 212th to James; West Valley Shoulders; 212th Shoulders and 240th shoulders from 116th to 132nd. • Holding pond maintenance (mow and trim):LID (SE 259th PI and 116th Ave SE; Matheson Park (22306 129th PI SE); Erin Glad (lllth PI SE and SE 274th Way); 277th Corridor Pond #2 (27423 lllth Ave SE); Hutchinson Landing (266th PI and 106th Ave SE); Kent Mini Storage (10625 SE 240th ST); Swan Court (112th Ave and SE 240th PI); Royal Woods Manor (107th Ave and SE 240th St); Kingstone (SE 270th St and 114th Ave S); Starwood (265th PI and 114th Ave SE); Alvins Pond (SE 260th PI and 108th Ave); Willow Point (SE264th PI and 110th PI); Echo Glen Heights B (27108 110th Ave SE); Echo Glen Heights (SE271st St and 110th Ct SE); Kangley Downs (SE 271st St and 114th Ave SE). Water o Source and Supply/SCADA: 212th Treatment Plant operations. Daily water treatment runs. Preventative maintenance work orders. 208th Well, valve research to find closed or inoperable isolation valve. Page 4of 9 Repair Guiberson Corrosion power generator. Replace/install air conditioning unit at 212th Treatment Plant, Well #3 building. Upload monitoring well data loggers in Ravensdale, Kent Springs Plateau, Clark Lake, and East Hill Well. o Hydrants and Large Meters: Chlorine injections and purities in the Bridges development. Chlorine injections for Crest Avenue waterline replacement project. Replace 4-inch water meter at Crystal Springs. Hydrant replacement at 4330 S. 262nd St. (includes mock shutdown, customer notification, and restoration after the installation). Hydrant repair list. o Mains and Services: Delete water mains on 182nd/72nd and on Olympic Way. Install air-vac lids on Carter Place and Olympic Way. Pressure test water main on Crest Avenue, collect purities after chlorine injections by Hydrant Section. Work with contractor on tree removal behind Value Village (104th and 240th) Asphalt utility cuts on Carter Place and Olympic Way. Service requests from Customer Service. Storm o Catch Basin repairs at 213th and 102nd; 210th and 119th; and at 266th and Central. o Vactor truck cleaning Ops Shop yard. o NPDES assessing storm system in the area of 216th and 100th. o Cleaning storm system in the area of 88th and 218th. o Pumping catch basins near 108th and 222nd. o Driving for Street paving projects on 71't PI and James St. o Pothole and Saw cut for pipe repair at 118th and 259th Sewer o Manhole change out on 104th and 250th and at East Valley and 212th o TV Existing Storm Map M (area from 259th to 240th and Washington to Central). o PW Ops annual Shop clean out with Vactor. o Prep for asphalt at Skyline, anchor fuel tank. o Clean existing Sewer Map F (area from Washington to Central and 240th N to 224th) o Spread grindings at Union Pacific Storm Pump Station walkway improvements; 116th and 256th. o System inspection at East Hill. o Repair on bubbler line at Frager pump station. o Spin wet wells. o Change out Diffusers at Lake Fenwick Pump Station. Warehouse o Assist Fleet Services when needed. o Haul out spoils as trucks become available. o Acquire materials for 254th PI water main replacement project. o Prep items going to surplus. o Oversee annual Shops clean-up. o Work on acquiring quotes for inventory purchases following new purchasing guidelines. Page 5of 9 Fleet/Radio Shop o Radio Shop: • Annual shop clean up. • Program ID's for radios. • 3 to 4G conversions. • Install box for Levin. o Fleet Shop: • Install new exhaust on ten yard dump truck. • Air brake inspections. • Brake repair on 1 ton Dodge. • 16 Police vehicle preventative services and repairs. • Five (5) Detective vehicle preventative services and repairs. • 14 tractor and mowers to be serviced and repaired. • Preventative Maintenance on chipper. • Annual Shop clean up. • Re-deck three trailers. Design o The Washington State Department of Transportation has approved the channelization plans for the Kent Kangley Pedestrian Improvement Project removing one of the last major hurdles to bidding this project. o Bid opening for the Briscoe-Desimone Reach 4 Project will be held on July 28. o $15 million is included in the state budget for the S. 228th Street Union Pacific Railroad Grade Separation Project. $13 million in the 15 to 17 biennium and $2 million in the 17 to 19 biennium. o Kent Regional Trails Connector project is out for bid advertisement with a bid opening scheduled for August 11. o Designing Pacific Highway South traffic island landscaping with bid date in August. o WSDOT Right-of-Way certification for 108th/208th has been approved. Bidding of the project is pending WSDOT channelization plan approval. 0 50-percent design review plans were distributed for the 1st Avenue - Smith to James Street project. Funding in the amount of $272,000 for this project is included in the state budget. o Second Interview for GIS analyst position was held July 14. o Recruitment plan for Engineer II position has been sent to Human Resources. Planning to advertise within the next couple of weeks. o Drafting interlocal agreement with King County Flood Control District for the Milwaukee II Levee. Land Survey o Central Ave. South Improvements: Project entered construction phase on Monday. Field crew staking out project limits, demolition areas and new storm at south end. o Little Project Mitigation Plan: Design Topography and Wetland delineation mapping. (Area of Mill Creek that is north of E. James St. and east of Woodford Ave. North) Area is dense with brush, mud and standing water. o North Park Drainage Improvements: Surveyed pot hole locations of existing sanitary stub outs, processed and analyzed data. Information forwarded to project engineer and project inspector. o Upper Mill Creek Dam: Topography and Wetland data for Alvin's Pond processed and forwarded to consultant. Page 6of 9 0 228th/224th Corridor- East Leg: Scanning Consultant is processing data collected and we are in communication. Delivery date is being discussed with Design Engineering. o Upper Russell Road Levee — South Reach: Setting up staking files. o Gowe St. Drainage Improvements: Reviewing plans and setting up staking files. o East Valley Highway: Regularly scheduled monitoring of pavement settlement on west side of road near Tacoma Screw performed last week. Data is being analyzed. o GNNS Control: Horizontal and Vertical control sessions using GNSS (Global Navigation Satellite System) on right of way monuments located within major road corridors and plats throughout the city. o Economic Development Department: Professional review of submittals for conformance to Kent City Code and State RCW/WAC as they relate to land segregations and right of way within the City Limits. Construction o Briscoe-Desimone Levee Improvements - Reach 1: The punch lists will be compiled into one list and presented to the contractor this week. 0 2015 Vehicle Detector Loops: The contractor has completed all contract work. We have nine additional loops in five locations that we are looking to add to this contract via change order. These locations are with the contractor and pricing is forthcoming. 0 640 Zone Pressure Reducing Valve Stations: The contractor is completing a few minor items and the final walk-thru will be requested by the end of this week. o Central Ave S. Pavement Preservation and Utility Improvements: The contractor has received Notice to Proceed (7/27/15) and began construction. The first area of focus will be on the East side of Central Ave, South of SE 259th St where tree removal, saw cutting, concrete/asphalt removal, and storm pipe installation will all begin this week. Additional variable message boards will be added to Wills St and SE 259th for public information/notification. 0 2015 Plastic Markings: The contractor has completed approximately 90% of the contract work. The contractor will be working Saturdays as weather allows. 0 2015 Paint Line Striping: The contractor has completed approximately 80% of the contract work. Paint line striping and curb painting are ongoing concurrently. The contractor is working Saturdays as weather allows. o SR 516 to S 231st Way Levee Improvements, Russell Rd Upper Levee — South Reach: This project has been awarded to SCI Infrastructure and the contract is with the City of Kent for final review and execution. 0 2015 Asphalt Overlay: Concrete work in preparation of paving on 109th is complete, and paving is expected to proceed early next week. Concrete work is now taking place on 109th. Overlay paving on 40th Ave S (S 272nd to Cambridge Ct) and 42nd Ave S (S261st to Reith Rd) have been proposed as added locations on this contract via change order. The change order for this work is being prepared for contractor review and signature. o W. Gowe St: The Contract was fully executed with RL Alia Company and the Preconstruction Meeting is scheduled for August 3. o North Park Drainage Improvements: The project was awarded to Miles Resources, LLC on July 22 and the contract has been routed to them for their review and execution. o Traffic Control Signal System: The project was awarded to West Coast Signal, Inc. on July 22 and the contract has been routed to them for their review and execution. o Briscoe-Desimone Levee — Reach 4: This project has advertised and bids were due on July 28. Page 7of 9 o Kent Regional Trails Connector: This project has been advertised and bids are due on August 11. o Development Projects: • Performance Walk Thru for Indigo Springs has been requested and punch lists are due on August 6. • Performance Walk Thru for Park Place has been requested and punch lists are due on August 7. • Follow-up meetings for the implementation of the revised processes resulting from the Civil Construction LEAN that took place in June are commencing every Wednesday at 10:00 AM. 0 40+ Development projects active in addition to multiple (40+) Utility projects throughout the City. o Miscellaneous Construction Engineering Activities: • Plan review for 1st Ave Improvements • Participating in Mill Creek Reestablishment weekly meetings. • Participating in the Public Works Engineering P4 Action Team for the development of clear, consistent and realistic processes for executing Public Works Engineering Programs, Projects, Planning and Priorities. • Participating in the PFR (Project File Repository) Team that has been chartered to create, implement and communicate structures for electronic files that provide ease of use and streamline organization across Public Works. Special Projects/Transportation o The "Think Outside the Bus" kickoff was held last week, an event organized by City staff at the request of the Mayor to begin engaging with key business and non-profit stakeholders to help identify potential alternative sources of transportation for employees within Kent. Representatives from Carlisle, Accell North America, Hexcel, Macrena Bakery, World Relief, Refugee Woman's Alliance, Ulang County Youth, DSHS, Hopelink, and King County Metro participated in the discussion. • The purpose of this initial kickoff meeting was to identify barriers to public transportation, current needs for public transportation and ideas for future public transportation alternatives. Operating large buses 24 hours a day citywide simply isn't feasible; however, other creative 'but of the bus" solutions may better serve our community. Everything from apps to bike- sharing is currently on the table. King County Council approved $12 million for alternative "outside the bus" services in the 2015-2016 biennium. Next steps include a press release, online survey www.kentwa.gov/outsidethebus (to be advertised using social media and the Scene Newsletter), outreach to CTR businesses, and follow-up with King County Metro and Stakeholders. Kent is eager to partner with King County Metro as early as this Fall to begin addressing some of the challenges identified at the kickoff. o The second interview for the Sr. Transportation Planner was held on July 27 and an offer has been made. o Staff will be meeting with the WA Department of Health on July 29 to discuss the Landsburg Mine. Environmental o Interviews for the Engineer 2 position were held on July 28. Three candidates were interviewed; one local and two out-of-state via Skype. Second interviews will be extended, which is expected to occur late next week. Page 8of 9 o Public outreach will occur on the North Park Storm Drainage project to inform the community of the project. Construction will be completed this summer. o Construction contracts were executed for the Upper Russell Road Levee South Reach Levee project to SCI Construction. This work will begin this summer. o Informational letters were sent to mobile businesses that clean restaurant hood vents in Kent. The letters inform businesses of city code related to their cleaning activities and the requirement to have a Kent business license. We are receiving responses from business owners, including those that plan on obtaining business licenses. Please direct any calls related to this communication to Public Works Environmental Engineering. o Recruitment for a Conservation Analyst and an Engineering Technician II will be opening in August. o Review continues on the draft for the King County Surface Water Design Manual for changes and potential adoption by the city in 2016. o Continue with inspections and documentation of Cross Connection Control facilities. o Continue with inspections of private utility systems. o Continue the facilitation and implementation of the Clean Water Act stormwater permit. Page 9of 9 This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION This page intentionally left blank.