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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/01/2014 CITY OF KENT City Council Meeting Agenda I�� mt U r rt r m July 1 , 2014 Mayor Suzette Cooke Darla Ralph, Council President Couneilr embers Jim Berrios r Bill Boyce Brenda Fir7cher Dennis Higgins Deborah Ranniger w, Les Thomas homas C,-ry CLERK y � / 'r This page intentionally left blank. KENT CITY COUNCIL AGENDAS July 1, 2014 KENT 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 WORKSHOP AGENDA 5 P.M. Subiect Speaker Time Recreation Program Cost Recovery & Resource Allocation Jeff Watling 60 min Council Rules & Procedure Amendments, Resolution Tom Brubaker & Pat Fitzpatrick 30 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Proclamation for Steve Dowell D. Proclamation for National Parks and Recreation Month E. 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. Boeing Levee Ecosystem Restoration Project, Project Partnership Agreement — Authorize C. Consultant Services Agreement with GeoEngineers for SE 240th Street Slope Stabilization and Pavement Restoration — Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED D. SE 2401h Street Slide Repair Project Pre-Approval - Authorize E. Solid Waste Franchise Agreement — Authorize F. Professional Services Agreement with Jason Engineering and Consulting Business, Inc. for 64th Avenue South Channel Improvements Union Pacific Railroad Spur Culvert Replacement - Authorize G. 2015 - 2020 Six-Year Transportation Improvement Program — Set Hearing Date H. HOME Interlocal Cooperation Agreement — Authorize I. 2014 Western States Arts Federation Grant Award — Accept J. Ordinance to Establish a Parks and Recreation Commission — Adopt K. Excused Absence for Councilmember Jim Berrios - Approve 8. OTHER BUSINESS A. Public Safety Bond Ordinance — Adopt 9. BIDS A. Kentview Sanitary Sewer Interceptor Project - Approve 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. COUNCIL WORKSHOP 1) Recreation Program Cost Recovery & Resource Allocation, Jeff Watling 2) Council Rules & Procedure Amendments - Resolution, Tom Brubaker & Pat Fitzpatrick This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Proclamation for Steve Dowell D) Proclamation for National Parks and Recreation Month E) Intergovernmental Reports This page intentionally left blank. i PROCLAMATION Whereas, Steve Dowell, owner and general manager of the Dowell Company in Kent, has served for the past 18 years as a member of the City's Land Use & Planning Board and was the Board's first chairman; and Whereas, Steve served for six years (1986-1992) as a member of the Kent City Council; and Whereas, Steve served for a period of 16 years on the City's Board of Adjustment prior to serving on the City Council; and Whereas, Steve has been a member of the Kent Chamber of Commerce for many years and served as one of its first presidents; and Whereas, Steve was instrumental in creating the Kent Rotary Club in 1958 and has been a member of the Rotary ever since, having served as its president on two separate occasions with a perfect attendance record for 56 years; and Whereas, upon graduation from Whitman College in 1948, Steve enlisted in the Marine Corps and served his country in the Korean War; and Whereas, Steve married Jeannine, his high school sweetheart, in 1952 and together they raised three high-achieving children - one architect and two attorneys; and Whereas, Steve has dedicated much of his adult life to serving his country as well as the Kent community, helping to make decisions that have shaped the Kent cityscape of today; NOW, THEREFORE, I, Suzette Cooke, Mayor of the city of Kent, take great pleasure in proclaiming Friday, July 11, 2014 as STEVE D® WELL DAY j In the city of Kent and ask all Kent residents to join me in celebrating the legacy of community service provided by Steve Dowell to the residents of Kent. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 1 t y of July, 2014. suzette Cooke, Mayor o ry r r KE�IT f i=C Ett }ry WASHIN@TON �r 5 F This page intentionally left blank. PROCLAMATION WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including Kent; and I WHEREAS, our parks and recreation are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community and region; and WHEREAS, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and WHEREAS, parks and recreation programs increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS, parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife providing a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and NOW, THEREFORE, I, Mayor Suzette Cooke, do hereby proclaim the month of July as National Parks and Recreation Month and urge all our citizens to pay tribute to our parks and recreation professionals and recognize the substantial contributions they have made to our health, safety and welfare. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Kent this 1st day of July 2014. >Ze- fir 14ay6r,Suzifte Cooke KENT— WASHINOTON 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 June 17, 2014. This page intentionally left blank. 11 � KENT WASH IMJ T0N Kent City Council Workshop Minutes June 17, 2014 The workshop meeting was called to order at 5:14 p.m. by Council President Ralph at the Kent Emergency Coordination Center (ECC), 24611 116th Avenue SE, Kent, WA 98030. Mayor Cooke, Council President Ralph, and Councilmembers Boyce, Berrios, Fincher, Higgins, and Thomas were present. Kent Emeraencv Coordination Center. Dominic Marzano, Emergency Manager displayed the room where the Mayor's Leadership Team meets during an emergency event and displayed the Brightsign Communications System. Marzano gave a program overview and discussed the center. Brian Felczak, Program Manager gave an overview of the systems in the ECC and positions. He also discussed the three activation levels. Marzano discussed the legal authorities, Continuity of Government, city code, and the responsibilities of those in the ECC versus those of the Mayor's Leadership Team in an emergency. He also reviewed the Continuity of Operations (COOP) Plan. Kimberly Behymer, Emergency Management Coordinator discussed public education and the Community Emergency Response Team (CERT) Program. Jennifer Keizer, Emergency Management Specialist highlighted the Emergency Management Performance Grant (EMPG) and that it is utilized to purchase ECC equipment and training. Councilmember Ranniger arrived at 5:52 p.m. Felczak provided an update concerning the Bakken Oil Trains. Marzano communicated what an oil train derailment would entail and what a cleanup would entail. Marzano discussed the Regional Coordination Framework for Disasters and Planned Events. He noted that this new Framework is streamlined and continues to facilitate a systematic, coordinated and effective public, private and non-profit platform for response. He reviewed the vetting process for the Framework and how it was developed. Council President Ralph thanked Marzano for his presentation. The meeting adjourned at 6:15 p.m. Ronald F. Moore, MMC City Clerk This page intentionally left blank. KENT Kent City Council Meeting Minutes June 17, 2014 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, Ranniger, and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Mayor Cooke communicated that King County Councilmember Reagan Dunn would present the State of the County address. B. From the Public. Mayor Cooke introduced King County Councilmember Reagan Dunn. King County Councilmember Reagan Dunn highlighted the approved $8.9 billion King County budget. He stated that King County has an AAA Credit rating with Standard and Poor's and has maintained services despite the recession. However, he stated there will be a $25 million shortfall for the upcoming biennium. He stated that he chairs the King County Flood Control District (KCFCD) and the Regional Transportation Committee (RTC). He said KCFCD has had five clean audits with low overhead and that 94 percent of the funds taxed go to straight to flood control projects. Dunn highlighted several of the flood control projects, including those along the Green River. He discussed the Briscoe Desimone levee project and the flood walls. He also noted that the City of Kent is the lead agency for the Russell Road Upper Levee and discussed the improvements. The Boeing Ecosystem Restoration Project (ERP) levee is at 65 percent design and will be built in 2015, he announced. Dunn communicated that the Russell Road Lower levee was funded $16 million last year as an early action of the System wide Improvement Framework (SWIF) program with construction scheduled for 2016. Councilmember Dunn discussed the SWIF Program and thanked the City for their work and partnership on it. Mayor Cooke thanked Councilmember Dunn for his participation with the Flood Control District Advisory Committee. She communicated that the City may want to delay the construction of the levee because it would affect what the Corps of Engineers is doing. Councilmember Higgins discussed the Boeing ERP and said Kent the City has battled to get some of the flood walls installed. He noted that Kent and King County are doing a lot of work with the assistance of the KCFCD and thanked Dunn for his assistance in getting the work done. Council President Ralph communicated that she is a WRIA-9 member. She thanked Councilmember Dunn for being at the Council meeting and said it is good to have representation that understands why we need to do these projects and protect the environment. PUBLIC COMMUNICATIONS A. Public Recognition. None. Kent City Council Meeting Minutes June 17, 2014 B. Community Events. None. C. Public Safety Report. Police Chief Ken Thomas noted that vehicle theft investigations have led to 20 arrests in the City. He added that there haven't been any arrests in residential burglaries and the number has been steady. He noted that there have been four arrests in commercial burglaries and two arrests with vehicle prowls. There were three robberies, a high number in one month, he said. He communicated that the special investigations unit seized 9.5 poinds of heroin with two guns and two pounds of cocaine with two handguns. Additionally, they seized 5 more guns and over 6,000 in cash. He noted that there will be a Bike Bonanza which is a fair with a bike rodeo for bicyclists. He noted that the event is June 28 and kids can get their bicycles registered. National Night Out is August 5 and the deadline for registration is July 31. Thomas presented Life Saving Awards to Officer Brienn Johnson, Officer Randy Brennan, Officer Will Davis, and Officer Trevor Wolcott for their actions in saving the lives of individuals. Thomas replied to Mayor Cooke that the individuals responsible for auto thefts are not being held for a long period of time because it is a property theft. Thomas added that the City is working with the King County Prosecutor Dan Satterberg and attempting to hold them more accountable. Acting City Attorney Pat Fitzpatrick noted that the City Attorney's office only prosecutes misdemeanor offenses. He noted that when vehicle prowl type cases are committed, the defendants usually have long criminal histories and his office requests a high bail amount so they aren't released prior to their trial. Thomas replied to Councilmember Ranniger and stated that there is so much meth heading into this area that there isn't a need to produce it. He noted that the highest drugs being utilized are meth and heroin. D. Intergovernmental Reports. Council President Ralph discussed her attendance at the Sound County Area Transportation Board meeting and WSDOT presented their Highway 167 HOT lane plan. She communicated that the board received an update from Sound Transit and that the public comment period for its long range plan is going on now. Higgins noted that the Regional Transit Committee meets tomorrow and they will continue to discuss service reductions to Metro. He communicated that some reductions will occur in September no matter what. There is a Sound Cities Association (SCA) Board of Directors meeting next Wednesday. He announced that both the SCA Board and the SCA Public Issues Committee were both against the Puget Sound Air Agency membership increase. He concluded that he will be attending a meeting of the ad hoc oil railway committee that was formed by the Association of Washington Cities (AWC) this Friday in Spokane. Councilmember Boyce communicated that he has a conflict and can only attend the Regional Fire Authority meeting tomorrow. He asked for a Council volunteer to attend the SCA meeting. 2 Kent City Council Meeting Minutes June 17, 2014 Mayor Cooke communicated that the Juneteenth celebration will be on Saturday at 10:00 am at Morrill Meadows Park. PUBLIC HEARINGS None. PUBLIC COMMENT There was no public comment. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through K, seconded by Councilmember Thomas. Motion carried 6-0. A. Approval of the minutes — Approve. Approval of the minutes of the workshop and regular Council meeting of June 3, 2014. B. Payment of Bills — Approve. Approval of payment of the bills received through May 15 and paid on May 15 after auditing by the Operations Committee on June 4, 2014. C. Oil Trains, Resolution - Adopt. The Mayor was authorized to sign Resolution No. 1892 seeking to protect the health, safety, and economic well-being of our local citizens and natural resources from the potential impact of increased crude oil traffic passing through Kent. D. Public Works Agreement with Petersen Brothers for Emergency Guardrail Services — Authorize. The Mayor was authorized to sign a Public Works Agreement with Petersen Brothers Construction, Inc. to perform repairs of damaged guardrails on an as needed basis, in an amount not to exceed $20,000, subject to the final terms and conditions acceptable to the City Attorney and Public Works Director. E. Resource & Conservation Office Salmon Recovery Funding Board, Proiect Funding Agreement for Mill Creek Side Channel (Leber) Proiect Construction - Authorize. The Mayor was authorized to sign the Salmon Project Funding Agreement in the amount of $159,460, direct staff to accept the grant and establish a budget for the funds to be spent within the Mill Creek Side Channel (Leber) Restoration project. F. Consultant Services Agreement with Jason Engineering Business, Inc. for Materials Testing and Inspection for the 2014 Overlay Proiect — Authorize. The Mayor was authorized to sign a Consultant Services Agreement with Jason Engineering & Consulting Business, Inc., for Materials Testing and Inspection work for the 2014 Overlay project in an amount not to exceed $43,660, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. IT — Multimedia &Accounting Technician Position — Authorize. The Mayor was authorized to increase the existing Multimedia Print Technician and Multimedia Graphics Designer positions to 1.00 FTE each, and establish a new Accounting 3 Kent City Council Meeting Minutes June 17, 2014 Technician position subject to terms and conditions acceptable to the Human Resources and Information Technology Director. H. Microsoft Product Licensing — 2014 Enterprise Agreement — Authorize. The Mayor was authorized to execute all documents necessary to enter into a two year and eight month contract with CompuCom Systems, Inc., the reselling agent for Microsoft Inc., to renew the Microsoft Enterprise Software Agreement, and to ratify all acts consistent with this motion. I. Print Shop Copier/Multi-Function Device Replacement — Authorize. The Mayor was authorized to sign all documents necessary to purchase two Konica-Minolta Multifunction Printing Devices not to exceed $124,000 plus applicable taxes and fees, and to enter into a maintenance agreement subject to terms and conditions acceptable to the Information Technology Director and City Attorney. J. Parking Zone Amendment Ordinance — Adopt. The Mayor was authorized to adopt Ordinance No. , amending Kent City Code 9.38 authorizing the Chief of Police to suspend the enforcement of certain parking restrictions in order to protect the public health, safety and welfare. K. 112th Avenue SE Watermain Proiect — Accept as Complete. The Mayor was authorized to accept the 112th Avenue SE Watermain Project as complete and release retainage to TITAN Earthwork, LLC Project, upon receipt of standard releases from the state and the release of any liens. The original contract amount was $1,811,541.01. The final amount paid is $1,538,313.17. Councilmember Higgins communicated tha tthe Oil Trains resolution was adopted with this Consent Calendar. OTHER BUSINESS A. Downtown Design Guidelines, Ordnance — Adopt. Gloria Gould-Wesson presented the Downtown Design Guidelines. She discussed what the guidelines consist of. Councilmember Thomas departed at 7:40 p.m. Councilmember Boyce communicated that the Economic and Community Development Committee (ECDC) wanted the entire Council to know what progress they are making and be aware. He stated that the item came out of the committee by a unanimous vote. Council President Ralph noted that she is very excited about this plan and thanked ECDC Committee and the Land Use and Planning Board for their work. She said this is what downtown will look like in the future. Councilmember Fincher asked about the setbacks and Gould-Wesson noted that the setbacks are specific to downtown and tied to the pedestrian map overlay. Gould- 4 Kent City Council Meeting Minutes June 17, 2014 Wesson stated that the guidelines and the contents are specific to the community that comes up with them and the desires of the Council. Councilmember Fincher discussed light pollution and Gould-Wesson noted that the policies are intended to screen the lighting so it is cast down unto the streets and sidewalks. Councilmember Boyce moved to adopt Ordinance No. 4116 adopting Downtown Design Review Kent City Code 15.09.046 and Kent Downtown Design Guidelines update, as recommended by the Economic and Community Development Committee, seconded by Councilmember Berros. Motion carried 6-0. B. Current Progress on the Briscoe Levee Proiect — Presentation. City Engineer Chad Berrens discussed the current progress of the Briscoe Levee project. He noted that the tree removal is completed and displayed photos of the project site. Reach 2 was also completed last Saturday, he said, and displayed a video on how the sheets are driven into the ground. Mayor Cooke thanked Public Works and the staff for their work on this project. BIDS None. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Ralph communicated that the Council went to the Emergency Coordination Center and discussed what would occur in an emergency. She said Dominic Marzano communicated what the responsibilities would be of all personnel, including the Mayor, Council, Mayor's Leadership Team, and the assigned ECC staff. There was also a presentation given concerning the oil trains, she said, noting that she is confident that the emergency management staff is doing all it can to prepare in case of an emergency. B. Mayor. Mayor Cooke noted that next week there is a panel who will be interviewing the candidates for the Chief Administrative Officer and Finance Director positions. C. Administration. No report. D. Economic & Community Development Committee. In the minutes. E. Operations Committee. In the minutes. F. Parks and Human Services Committee. Councilmember Ranniger communicated that the June 19 meeting is cancelled and has been rescheduled for June 26 at 5pm in Council Chamber. 5 Kent City Council Meeting Minutes June 17, 2014 G. Public Safety Committee. In the minutes. Councilmember Berrios highlighted that he observed the SWAT Team during the cocaine bust and is impressed with how they operate. H. Public Works Committee. Councilmember Higgins communicated that the Puget Sound Regional Council awarded the City two grants, one for $1.5 million to the City for South Central pavement rehabilitation and $2 million for the Burlington Northern grade separation. He also noted that there has been some erosion on the hill at SE 240th Street and a couple of ordinances were recommended in the Public Works Committee for emergency work. He noted that the hill needs to be rebuilt to the edge of the road. I. Regional Fire Authority. No report. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION ADJOURNMENT The meeting adjourned at 7:59 p.m. Ronald F. Moore, MMC City Clerk 6 KENT Agenda Item: Consent Calendar — 7B TO: City Council DATE: July 1, 2014 SUBJECT: Boeing Levee Ecosystem Restoration Project - Project Partnership Agreement - Authorize MOTION: Authorize the Mayor to sign the Project Partnership Agreement with US Army Corps of Engineers for the Boeing Levee Ecosystem Restoration Project subject to the execution of an Interlocal Agreement with the King County Flood Control District and subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: On June 8, 2012, the City entered into a Design Agreement with the US Army Corps of Engineers (Corps) for the Boeing Levee Ecosystem Restoration Project (ERP). This agreement was to design an ecosystem project between S 200th Street and S 212th Street on the right bank of the Green River (looking downstream). This project is a multi-objective project that benefits habitat restoration, reduces flood risk, and provides recreational value. As the design is nearing completion, the next step is to sign a Project Partnership Agreement (PPA) with the Corps. The PPA explains responsibilities for both the Non-Federal Sponsor (City) and the Government (Corps) for the project. The agreement states that the City will pay 35% of all ecosystem restoration features, and the Corps will pay 65% of the costs. Recreation costs included in the project will be cost shared 50-50 by the City and the Corps. The City is negotiating an Interlocal Agreement with the King County Flood Control District which will provide for reimbursement of the City's local share as well as assignment of long term maintenance responsibilities. The signing of the PPA will be contingent on execution of the Interlocal Agreement. EXHIBITS: Draft Model Project Partnership Agreement RECOMMENDED BY: Public Works Committee YEA: Ralph — Fincher - Higgins NAY: BUDGET IMPACTS: The City needs to execute an Interlocal Agreement with the King County Flood Control District to provide $1,700,000 for the project, which is 35% of the construction cost. This page intentionally left blank. PROJECT PARTNERSHIP AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CITY OF KENT FOR CONSTRUCTION OF THE DUWAMISH/GREEN BOEING ECOSYSTEM RESTORATION PROJECT THIS AGREEMENT is entered into this day of 1 , by and between the Department of the Army(hereinafter the "Government'), represented by the U.S. Army Engineer, Seattle District and City of Kent(hereinafter the "Non-Federal Sponsor"), represented by the Mayor. WITNESSETH, THAT: WHEREAS, construction of the Duwamish/Green River Basin Project for ecosystem restoration and recreation (hereinafter the "Authorized Project') at King County, Washington was authorized by Section 101(b) (26) of the Water Resources Development Act of 2000, Public Law 106-51 in accordance with the plans, and subject to the conditions, recommended in a final report of the Chief of Engineers if a favorable report to the Chief is completed not later than December 31, 2000; WHEREAS,the Government was authorized to perform monitoring and adaptive management(as defined in Article I.Q. and Article I.R. of this Agreement, respectively) as part of the Authorized Project; WHEREAS,the Government and the Non-Federal Sponsor desire to enter into a Project Partnership Agreement(hereinafter the "Agreement)for construction of the Duwamish/Green Mainstem Maintenance (Boeing Reach)Ecosystem Restoration Project (a separable element of the Authorized Project and hereinafter the "Project", as defined in Article 1.A of this Agreement); WHEREAS, Section 103 of the Water Resources Development Act of 1986, Public Law 99-662, as amended, (33 U.S.C. 2213) specifies the cost-sharing requirements applicable to the Project; WHEREAS, Section 902 of the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2280), establishes the maximum amount of costs for the Authorized Project and sets forth procedures for adjusting such maximum amount; WHEREAS, the Government and a non-Federal interest entered into an agreement, dated June 8, 2012 for engineering and design of the Project(hereinafter the "Design Agreement"), under the terms of which the non-Federal interest contributed a portion of the costs for engineering and design; WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended (42 U.S.C. 1962d-5b), and Section 1030)of the Water Resources Development Act of 1986, Public Law 99-662, as amended(33 U.S.C. 22130)), provide, inter alia,that the Secretary of the Army shall not commence construction of any water resources project, or separable element thereof, until each non-Federal interest has entered into a written agreement to furnish its required cooperation for the project or separable element; WHEREAS,the Government and Non-Federal Sponsor have the full authority and capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and financing of the Project in accordance with the terms of this Agreement; and WHEREAS, the Government and the Non-Federal Sponsor, in connection with this Agreement, desire to foster a partnering strategy and a working relationship between the Government and the Non-Federal Sponsor through a mutually developed formal strategy of commitment and communication embodied herein, which creates an environment where trust and teamwork prevent disputes, foster a cooperative bond between the Government and the Non-Federal Sponsor, and facilitate the successful implementation of the Project. NOW, THEREFORE,the Government and the Non-Federal Sponsor agree as follows: ARTICLE I - DEFINITIONS A. The term"Project"shall mean the ecosystem restoration features and the recreation features as generally described in the "Green/Duwamish River Basin Ecosystem Restoration Study, Final Feasibility Report,"dated October 2000 and approved by the final report of the Chief of Engineers, on December 29, 2000. B. The term"ecosystem restoration features" shall mean construction two habitat scallops to accommodate engineered logjams and riparian plantings, elimination of invasive plant species and planting of riparian vegetation along the mainstem Green River embankment as generally described in the "Green/Duwamish River Basin Ecosystem Restoration Study, Final Feasibility Report,"dated October 2000 and approved by the final report of the Chief of Engineers, on December 29, 2000. C. The term"recreation features"shall mean elimination of invasive plant species, relocation of an existing gravel trail, and planting of upland grasses and trees for passive recreation purposes as generally described in the "Green/Duwamish River Basin Ecosystem Restoration Study, Final Feasibility Report,"dated October 2000 and approved by the final report of the Chief of Engineers, on December 29, 2000. 2 D. The term"total project costs"shall mean the sum of all costs incurred by the Non-Federal Sponsor and the Government in accordance with the terms of this Agreement directly related to construction of the Project. Subject to the provisions of this Agreement, the term shall include,but is not necessarily limited to: the Government's share of Preconstruction Engineering and Design costs pursuant to the terms of the Design Agreement; the value of the contributions provided by a non-Federal interest pursuant to the terms of the Design Agreement the Government's engineering and design costs during construction;the Non-Federal Sponsor's and the Government's costs of investigations to identify the existence and extent of hazardous substances in accordance with Article XIV.A. of this Agreement;the Government's costs of historic preservation activities in accordance with Article XVILA. and Article XVILB.1. of this Agreement; the Government's costs of monitoring in accordance with Article II.J. and Article ILK. of this Agreement; the Government's costs of adaptive management in accordance with Article ILL. and Article ILM. of this Agreement; the Government's actual construction costs;the Government's supervision and administration costs;the Non-Federal Sponsor's and the Government's costs of participation in the Project Coordination Team in accordance with Article V of this Agreement; the Government's costs of contract dispute settlements or awards;the value of lands, easements, rights-of-way, relocations, and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material for which the Government affords credit in accordance with Article IV of this Agreement or for which reimbursement by the Government is required pursuant to Article ILC.3. or Article ILD.3. of this Agreement; and the Non-Federal Sponsor's and the Government's costs of audit in accordance with Article X.B. and Article X.C. of this Agreement. The term does not include any costs for operation, maintenance, repair, rehabilitation, or replacement of the Project, any costs of betterments under Article ILL2. of this Agreement; any costs of dispute resolution under Article VII of this Agreement;the Government's costs for data recovery activities associated with historic preservation in accordance with Article XVILB.2. and Article XVILB.3. of this Agreement; or the Non-Federal Sponsor's costs of negotiating this Agreement. E. The term "total ecosystem restoration costs"shall mean that portion of total project costs allocated to the ecosystem restoration features. F. The term "total recreation costs"shall mean that portion of total project costs allocated to the recreation features. G. The term"period of construction"shall mean the time from the date the Government issues the solicitation for the first construction contract for the Project or commences construction of the Project using the Government's own forces, whichever is earlier,to the date that construction, monitoring, and, if necessary, adaptive management of the Project are complete, as determined by the Government, or the date that this Agreement is terminated in accordance with Article XIII or Article XIV.C. of this Agreement, whichever is earlier. 3 H. The term`financial obligations for construction" shall mean the financial obligations of the Government that result or would result in costs that are or would be included in total project costs except for obligations pertaining to the provision of lands, easements, and rights-of-way,the performance of relocations, and the construction of improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material. L The term"non-Federal proportionate share"shall mean the ratio of the Non- Federal Sponsor's total contribution of funds required by Article ILC.2., Article ILD.2., and Article ILD.4.ofthis Agreement to financial obligations for construction, as projected by the Government. J. The term"highway"shall mean any highway, roadway, street, or way, including any bridge thereof,that is owned by a public entity. K. The term "relocation" shall mean providing a functionally equivalent facility to the owner of a utility, cemetery, highway, railroad, or public facility when such action is authorized in accordance with applicable legal principles of just compensation; or providing a functionally equivalent facility when such action is specifically provided for, and is identified as a relocation, in the authorizing legislation for the Project or any report referenced therein. Providing a functionally equivalent facility may take the form of alteration, lowering, raising, or replacement and attendant demolition of the affected facility or part thereof. L. The term `functional portion of the Project"shall mean a portion of the Project for which construction has been completed and that can function independently, as determined by the U.S. Army Engineer, Seattle District(hereinafter the "District Engineer") in writing, although the remainder of the Project is not complete. M. The term "betterment" shall mean a difference in the construction of an element of the Project that results from the application of standards that the Government determines exceed those that the Government would otherwise apply to the construction of that element. The term does not include any construction for features not included in the Project as defined in paragraph A. of this Article. N. The term "Federal program funds" shall mean funds provided by a Federal agency, other than the Department of the Army, plus any non-Federal contribution required as a matching share therefor. O. The term`fiscal year"shall mean one year beginning on October 1 and ending on September 30. P. The term `fiscal year of the Non-Federal Sponsor" shall mean one year beginning on January 1 and ending on December 31. 4 Q. The term "monitoring" shall mean activities, including the collection and analysis of data,that are necessary to determine if predicted outputs of the ecosystem restoration features are being achieved and to determine if adaptive management is necessary. R. The term"adaptive management"shall mean measures taken to adjust the ecosystem restoration features in response to the monitoring results so that the predicted outputs of the ecosystem restoration features are achieved following their construction. The term includes, but is not necessarily limited to, modifications of structures, or adjustments to operation or management, of the ecosystem restoration features. ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States (hereinafter the "Congress') and using those funds and funds provided by the Non-Federal Sponsor, expeditiously shall construct the Project, applying those procedures usually applied to Federal projects, in accordance with Federal laws,regulations, and policies. 1. The Government shall not issue the solicitation for the first contract for construction of the Project or commence construction of the Project using the Government's own forces until the Non-Federal Sponsor has confirmed in writing its willingness to proceed with the Project. 2. The Government shall afford the Non-Federal Sponsor the opportunity to review and comment on the solicitations for all contracts, including relevant plans and specifications, prior to the Government's issuance of such solicitations. To the extent possible,the Government shall afford the Non-Federal Sponsor the opportunity to review and comment on all proposed contract modifications, including change orders. In any instance where providing the Non-Federal Sponsor with notification of a contract modification is not possible prior to execution of the contract modification,the Government shall provide such notification in writing at the earliest date possible. To the extent possible, the Government also shall afford the Non-Federal Sponsor the opportunity to review and comment on all contract claims prior to resolution thereof. The Government shall consider in good faith the comments of the Non-Federal Sponsor, but the contents of solicitations, award of contracts or commencement of construction using the Government's own forces, execution of contract modifications, resolution of contract claims, and performance of all work on the Project shall be exclusively within the control of the Government. 3. At the time the District Engineer furnishes the contractor with the Government's Written Notice of Acceptance of Completed Work for each contract awarded by the Government for the Project,the District Engineer shall furnish a copy thereof to the Non-Federal Sponsor. 5 4. As of the effective date of this Agreement, $18,115,600 of Federal funds have been provided by Congress for the Authorized Project of which $5,000,000 is currently projected to be available for the Project. The Government makes no commitment to request Congress to provide additional Federal funds for the Authorized Projector the Project. Further, the Government's financial participation in the Project is limited to the Federal funds that the Government makes available to the Project. B. The Government shall allocate total project costs between total ecosystem restoration costs and total recreation costs. C. The Non-Federal Sponsor shall contribute 35 percent of total ecosystem restoration costs in accordance with the provisions of this paragraph. 1. hi accordance with Article III of this Agreement,the Non-Federal Sponsor shall provide all lands, easements, and rights-of-way, including those required for relocations,the borrowing of material, and the disposal of dredged or excavated material, shall perform or ensure performance of all relocations, and shall construct improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material that the Government determines to be required or to be necessary for construction, operation, and maintenance of the ecosystem restoration features. 2. The Non-Federal Sponsor shall provide funds in accordance with Article VLB. of this Agreement in the amount necessary to meet the Non-Federal Sponsor's required share of 35 percent of total ecosystem restoration costs if the Government projects at any time that the collective value of the following contributions that are determined by the Government to be attributable to the ecosystem restoration features will be less than such required share: (a)the value of the contributions provided by a non-Federal interest pursuant to the terms of the Design Agreement; (b)the value of the Non-Federal Sponsor's contributions under paragraph C.1. of this Article, as determined in accordance with Article IV of this Agreement; and(c)the value of the Non-Federal Sponsor's contributions under Article V, Article X, and Article XIV.A. of this Agreement. 3. The Government, subject to the availability of funds, shall refund or reimburse to the Non-Federal Sponsor any contributions in excess of 35 percent of total ecosystem restoration costs if the Government determines at any time that the collective value of the following contributions that are determined by the Government to be attributable to the ecosystem restoration features has exceeded 35 percent of total ecosystem restoration costs: (a)the value of the Non-Federal Sponsor's contributions under paragraph C.2. of this Article; (b)the value of the contributions provided by a non-Federal interest pursuant to the terms of the Design Agreement; (c)the value of the Non-Federal Sponsor's contributions under paragraph C.1. of this Article, as determined in accordance with Article IV of this Agreement; and(d)the value of the Non-Federal Sponsor's contributions under Article V, Article X, and Article XIV.A. of this Agreement. After such a determination,the Government, in its sole discretion, may acquire any remaining lands, easements, and rights- of-way required for the ecosystem restoration features, perform any remaining relocations 6 necessary for the ecosystem restoration features, or construct any remaining improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material required for the ecosystem restoration features on behalf of the Non- Federal Sponsor. Notwithstanding the acquisition of lands, easements, and rights-of-way, performance of relocations, or construction of improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material by the Government under this paragraph, the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor, for any costs of cleanup and response in accordance with Article XIV.C. of this Agreement. D. The Non-Federal Sponsor shall contribute 50 percent of total recreation costs in accordance with the provisions of this paragraph. 1. hi accordance with Article III of this Agreement,the Non-Federal Sponsor shall provide all lands, easements, and rights-of-way, including those required for relocations,the borrowing of material, and the disposal of dredged or excavated material, shall perform or ensure performance of all relocations, and shall construct improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material that the Government determines to be required or to be necessary for construction, operation, and maintenance of the recreation features. 2. The Non-Federal Sponsor shall provide funds in accordance with Article VLB. of this Agreement in the amount necessary to meet the Non-Federal Sponsor's required share of 50 percent of total recreation costs if the Government projects at anytime that the collective value of the following contributions that are determined by the Government to be attributable to the recreation features will be less than such required share: (a)the value of the contributions provided by a non-Federal interest pursuant to the terms of the Design Agreement; (b)the value of the Non-Federal Sponsor's contributions under paragraph D.1. of this Article, as determined in accordance with Article IV of this Agreement; and(c)the value of the Non-Federal Sponsor's contributions under Article V, Article X, and Article XIV.A. of this Agreement. 3. The Government, subject to the availability of funds and as limited by paragraph DA. of this Article, shall refund or reimburse to the Non-Federal Sponsor any contributions in excess of 50 percent of total recreation costs if the Government determines at any time that the collective value of the following contributions that are determined by the Government to be attributable to the recreation features has exceeded 50 percent of total recreation costs: (a)the value of the Non-Federal Sponsor's contributions under paragraph D.2. of this Article; (b)the value of the contributions provided by a non-Federal interest pursuant to the terms of the Design Agreement; (c)the value of the Non-Federal Sponsor's contributions under paragraph D.1. of this Article, as determined in accordance with Article IV of this Agreement; and(d)the value of the Non-Federal Sponsor's contributions under Article V, Article X, and Article XIV.A. of this Agreement. After such a determination,the Government, in its sole discretion, may acquire any remaining lands, easements, and rights- of-way required for the recreation features,perform any remaining relocations necessary for the recreation features, or construct any remaining improvements required on lands, 7 easements, and rights-of-way to enable the disposal of dredged or excavated material required for the recreation features on behalf of the Non-Federal Sponsor. Notwithstanding the acquisition of lands, easements, and rights-of-way, performance of relocations, or construction of improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material by the Government under this paragraph,the Non-Federal Sponsor shall be responsible, as between the Government and the Non- Federal Sponsor, for any costs of cleanup and response in accordance with Article XIV.C. of this Agreement. 4. Notwithstanding any other provision of this paragraph,the Government's share of total recreation costs shall not exceed an amount equal to 10 percent of the Government's share of total ecosystem restoration costs. The Non-Federal Sponsor shall be responsible for all total recreation costs in excess of this amount and shall pay any such costs in accordance with Article VLB. of this Agreement. E. When the District Engineer determines that, except for monitoring and adaptive management, the entire Project, or a functional portion of the Project, is complete, the District Engineer shall so notify the Non-Federal Sponsor in writing and furnish the Non-Federal Sponsor with a final Operation, Maintenance, Repair, Rehabilitation, and Replacement Manual (hereinafter the "OMRR&R Manual") or, if the final OMRR&R Manual is not available, an interim OMRR&R Manual for the entire Project or such completed portion. Upon such notification, the Government also shall furnish to the Non-Federal Sponsor a copy of all final as-built drawings for the entire Project or such completed portion if such drawings are available. Not later than 6 months after such notification by the Government that the entire Project is complete, the Government shall furnish the Non-Federal Sponsor with the final OMRR&R Manual and all final as-built drawings for the entire Project. In the event the final OMRR&R Manual or all final as-built drawings for the entire Project cannot be completed within the 6 month period,the Government shall provide written notice to the Non-Federal Sponsor, and the Government and the Non-Federal Sponsor shall negotiate an acceptable completion date for furnishing such documents. Further, after completion of all contracts for the Project, copies of all of the Government's Written Notices of Acceptance of Completed Work for all contracts for the Project that have not been provided previously shall be provided to the Non-Federal Sponsor. F. Upon notification from the District Engineer in accordance with paragraph E. of this Article, the Non-Federal Sponsor shall operate, maintain, repair, rehabilitate, and replace the entire Project, or the functional portion of the Project as the case may be, in accordance with Article VIII of this Agreement. Concurrent with the Non-Federal Sponsor's performance of operation, maintenance, repair, rehabilitation, and replacement for the completed Project or such completed portion, the Government shall perform monitoring and, if necessary, adaptive management in accordance with the provisions of this Agreement. 8 G. Upon the District Engineer's determination that, except for monitoring and adaptive management, the entire Project is complete,the Government shall conduct an interim accounting, in accordance with Article VLC. of this Agreement, and furnish the results to the Non-Federal Sponsor. Further, upon conclusion of the period of construction the Government shall amend the interim accounting to complete the final accounting, in accordance with Article VLC. of this Agreement, and furnish the results to the Non-Federal Sponsor. H. The Non-Federal Sponsor shall not use Federal program funds to meet any of its obligations for the Project under this Agreement unless the Federal agency providing the funds verifies in writing that such funds are authorized to be used to carry out the Project. L The Non-Federal Sponsor may request the Government to perform or provide, on behalf of the Non-Federal Sponsor, one or more of the services (hereinafter the "additional work") described in this paragraph. Such requests shall be in writing and shall describe the additional work requested to be performed or provided. If in its sole discretion the Government elects to perform or provide the requested additional work or any portion thereof, it shall so notify the Non-Federal Sponsor in a writing that sets forth any applicable terms and conditions, which must be consistent with this Agreement. In the event of conflict between such a writing and this Agreement, this Agreement shall control. The Non-Federal Sponsor shall be solely responsible for all costs of the additional work performed or provided by the Government under this paragraph and shall pay all such costs in accordance with Article VLD. of this Agreement. 1. Acquisition of lands, easements, and rights-of-way; performance of relocations; or construction of improvements required on lands, easements, and rights-of- way to enable the disposal of dredged or excavated material for the Project. Notwithstanding acquisition of lands, easements, and rights-of-way, performance of relocations, or construction of improvements by the Government, the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor, for any costs of cleanup and response in accordance with Article XIV.C. of this Agreement. 2. Inclusion of betterments in the construction of the Project. In the event the Government elects to include any such betterments, the Government shall allocate the costs of the Project features that include betterments between total project costs and the costs of the betterments. J. Prior to completion of construction of the ecosystem restoration features,the Government, in consultation with the Non-Federal Sponsor and, as appropriate, other concerned agencies, shall finalize the plan for monitoring of the ecosystem restoration features. The monitoring plan shall describe the specific parameters to be monitored; how these parameters relate to achieving the desired outcomes and to ascertaining whether adaptive management measures for the ecosystem restoration features will be necessary; methods for measuring those parameters;frequency and duration of monitoring of the ecosystem restoration features; criteria for measuring the success of the 9 ecosystem restoration features; preparation and distribution of monitoring reports and other coordination requirements; and estimated monitoring costs. As of the effective date of this Agreement, the costs of monitoring of the ecosystem restoration features for the Authorized Project are estimated to be $60,000. K. Upon providing notification to the Non-Federal Sponsor that the ecosystem restoration features are complete in accordance with paragraph E. of this Article, the Government shall perform monitoring of the ecosystem restoration features in accordance with the monitoring plan for a period of 5 consecutive years from the date of such notification. However, the monitoring of the ecosystem restoration features by the Government shall end prior to the expiration of such period upon the occurrence of either of the following events: (1)the award of the next contract for monitoring of the ecosystem restoration features, or continuation of monitoring of the ecosystem restoration features using the Government's own forces, would result in the costs incurred for monitoring of all the features for ecosystem restoration in the Authorized Project exceeding 1 percent of the amount equal to total ecosystem restoration costs of the Project plus the costs for all other ecosystem restoration separable elements of the Authorized Project minus the costs for monitoring and adaptive management of all the features for ecosystem restoration in the Authorized Project; or(2)the District Engineer determines that continued monitoring of the ecosystem restoration features is not necessary. L. Applying the criteria specified in the monitoring plan, the Government shall determine whether adaptive management of the ecosystem restoration features is necessary. The Government may make such a determination at any time during the monitoring period described in paragraph K. of this Article. Within 120 calendar days after the expiration or termination of such monitoring period, the Government shall make a final determination of whether adaptive management of the ecosystem restoration features is necessary. In making such determinations,the Government shall consult with the Non-Federal Sponsor and, as appropriate, with other concerned agencies. Upon any determination by the Government that adaptive management of the ecosystem restoration features is necessary, the Government shall notify the Non-Federal Sponsor in writing of its determination and expeditiously shall perform such adaptive management in accordance with paragraph M. of this Article. If, after the expiration or termination of such monitoring period, the Government determines that adaptive management of the ecosystem restoration features is not necessary, the Government shall notify the Non- Federal Sponsor in writing of its determination and shall conduct a final accounting in accordance with paragraph G. of this Article. M. If the Government determines, pursuant to paragraph L. of this Article, that adaptive management of the ecosystem restoration features is necessary,the Government, in consultation with the Non-Federal Sponsor and, as appropriate, other concerned agencies, shall perform adaptive management of the ecosystem restoration features in accordance with the provisions of this paragraph and paragraph A. of this Article. 1. hi no event shall the award of any contract for adaptive management of the ecosystem restoration features, or continuation of adaptive management of the 10 ecosystem restoration features using the Government's own forces, result in the costs incurred for adaptive management of all the features for ecosystem restoration in the Authorized Project exceeding 3 percent of the amount equal to total ecosystem restoration costs of the Project plus the costs for all other ecosystem restoration separable elements of the Authorized Project minus the costs for monitoring and adaptive management of all the features for ecosystem restoration in the Authorized Project. As of the effective date of this Agreement, the costs of adaptive management of the entire Authorized Project are estimated to be $0. 2. When the District Engineer determines that adaptive management of the ecosystem restoration features is complete, or that the costs therefor have or will exceed the 3 percent amount determined in accordance with sub-paragraph 1. of this paragraph,the District Engineer shall: a) notify the Non-Federal Sponsor in writing of such determination; b)furnish the Non-Federal Sponsor with an amended OMRR&R Manual that reflects any modifications to structures or adjustments to operation or management methods; c)furnish the Non-Federal Sponsor with a copy of any new or revised as-built drawings for the ecosystem restoration features, and d)within 30 calendar days after such notice and in consultation with the Non-Federal Sponsor, determine whether to continue monitoring of the ecosystem restoration features, subject to the limits in paragraph K. of this Article, or to conduct a final accounting in accordance with paragraph G. of this Article. 3. Upon notification from the District Engineer in accordance with sub- paragraph 2. of this paragraph, the Non-Federal Sponsor shall operate, maintain, repair, rehabilitate, and replace the entire Project in accordance with Article VIII of this Agreement. N. The Non-Federal Sponsor shall prevent obstructions or encroachments on the Project(including prescribing and enforcing regulations to prevent such obstructions or encroachments) such as any new developments on Project lands, easements, and rights-of- way or the addition of facilities which might reduce the outputs produced by the ecosystem restoration features, hinder operation and maintenance of the Project, or interfere with the Project's proper function. O. The Non-Federal Sponsor shall not use the ecosystem restoration features, or the lands, easements, and rights-of-way required pursuant to Article III of this Agreement for such features, as a wetlands bank or mitigation credit for any other project. P. The Non-Federal Sponsor shall keep the recreation features, and access roads, parking areas, and other associated public use facilities, open and available to all on equal terms. 11 ARTICLE III - LANDS, EASEMENTS, RIGHTS-OF-WAY, RELOCATIONS, DISPOSAL AREA IMPROVEMENTS, AND COMPLIANCE WITH PUBLIC LAW 91-646, AS AMENDED A. The Government, after consultation with the Non-Federal Sponsor, shall determine the lands, easements, and rights-of-way required for construction, operation, and maintenance of the Project, including those required for relocations,the borrowing of material, and the disposal of dredged or excavated material. The Government in atimely manner shall provide the Non-Federal Sponsor with general written descriptions, including maps as appropriate, of the lands, easements, and rights-of-way that the Government determines the Non-Federal Sponsor must provide, respectively, for the ecosystem restoration features and for the recreation features, in detail sufficient to enable the Non- Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non- Federal Sponsor with a written notice to proceed with acquisition of such lands, easements, and rights-of-way. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government incurring any financial obligations for construction of a portion of the Project using the Government's own forces,the Non-Federal Sponsor shall acquire all lands, easements, and rights-of-way the Government determines the Non-Federal Sponsor must provide for that work and shall provide the Government with authorization for entry thereto. Furthermore, prior to the end of the period of construction,the Non-Federal Sponsor shall acquire all lands, easements, and rights-of-way required for construction, operation, and maintenance of the Project, as set forth in such descriptions, and shall provide the Government with authorization for entry thereto. The Non-Federal Sponsor shall ensure that lands, easements, and rights-of-way that the Government determines to be required for the Project and that were provided by the Non-Federal Sponsor are retained in public ownership for uses compatible with the authorized purposes of the Project. B. The Government, after consultation with the Non-Federal Sponsor, shall determine the relocations necessary for construction, operation, and maintenance of the Project, including those necessary to enable the borrowing of material or the disposal of dredged or excavated material. The Government in a timely manner shall provide the Non- Federal Sponsor with general written descriptions, including maps as appropriate, of such relocations that are necessary, respectively, for the ecosystem restoration features and for the recreation features in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non-Federal Sponsor with a written notice to proceed with such relocations. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government incurring any financial obligations for construction of a portion of the Project using the Government's own forces,the Non-Federal Sponsor shall prepare or ensure the preparation of plans and specifications for, and perform or ensure the performance of, all relocations the Government determines to be necessary for that work. Furthermore, prior to the end of the period of construction,the Non-Federal Sponsor shall perform or ensure performance of all relocations as set forth in such descriptions. 12 C. The Government, after consultation with the Non-Federal Sponsor, shall determine the improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material associated with construction, operation, and maintenance of the Project. Such improvements may include, but are not necessarily limited to, retaining dikes,wasteweirs, bulkheads, embankments, monitoring features, stilling basins, and de-watering pumps and pipes. The Government in a timely manner shall provide the Non-Federal Sponsor with general written descriptions, including maps as appropriate, of such improvements that are required, respectively,for the ecosystem restoration features and for the recreation features in detail sufficient to enable the Non- Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non- Federal Sponsor with a written notice to proceed with construction of such improvements. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government incurring any financial obligations for construction of a portion of the Project using the Government's own forces,the Non-Federal Sponsor shall prepare plans and specifications for all improvements the Government determines to be required for the disposal of dredged or excavated material under that contract, submit such plans and specifications to the Government for approval, and provide such improvements in accordance with the approved plans and specifications. Furthermore, prior to the end of the period ofconstruction,the Non-Federal Sponsor shall provide all improvements set forth in such descriptions. D. The Non-Federal Sponsor shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended(42 U.S.C. 4601-4655), and the Uniform Regulations contained in 49 C.F.R. Part 24, in acquiring lands, easements, and rights-of-way required for construction, operation, and maintenance of the Project, including those required for relocations,the borrowing of material, or the disposal of dredged or excavated material, and shall inform all affected persons of applicable benefits, policies, and procedures in connection with said Act. ARTICLE IV - CREDIT FOR VALUE OF LANDS, EASEMENTS, RIGHTS-OF-WAY, RELOCATIONS, AND DISPOSAL AREA IMPROVEMENTS A. The Government shall include in total project costs and afford credit toward the Non-Federal Sponsor's share of total ecosystem restoration costs for the value of the lands, easements, and rights-of-way that the Non-Federal Sponsor must provide pursuant to Article IILA. of this Agreement for the ecosystem restoration features; for the value of the relocations that the Non-Federal Sponsor must perform or for which it must ensure performance pursuant to Article IILB. of this Agreement for the ecosystem restoration features; and for the value of the improvements required on lands, easements, and rights-of- way to enable the disposal of dredged or excavated material that the Non-Federal Sponsor must provide pursuant to Article III.C. of this Agreement for the ecosystem restoration features. The Government also shall include in total project costs and afford credit toward the Non-Federal Sponsor's share of total recreation costs for the value of the lands, easements, and rights-of-way that the Non-Federal Sponsor must provide pursuant to Article 13 III.A. of this Agreement for the recreation features,for the value of the relocations that the Non-Federal Sponsor must perform or for which it must ensure performance pursuant to Article IILB. of this Agreement for the recreation features; and for the value of the improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material that the Non-Federal Sponsor must provide pursuant to Article IILC. of this Agreement for the recreation features. However, no amount shall be included in total project costs, no credit shall be afforded, and no reimbursement shall be provided for the value of any lands, easements, rights-of-way, relocations, or improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material that have been provided previously as an item of cooperation for another Federal project. In addition, no amount shall be included in total project costs, no credit shall be afforded, and no reimbursement shall be provided for the value of lands, easements, rights-of-way, relocations, or improvements required on lands, easements, and rights-of- way to enable the disposal of dredged or excavated material that were acquired or performed using Federal program funds unless the Federal agency providing the funds verifies in writing that such funds are authorized to be used to carry out the Project. B. The Non-Federal Sponsor in a timely manner shall provide the Government with such documents as are sufficient to enable the Government to determine the value of any contribution provided pursuant to Article IILA., Article IILB., or Article IILC. of this Agreement. Upon receipt of such documents,the Government in a timely manner shall determine the value of such contributions for the purpose of including such value in total project costs and for determining the amount of credit to be afforded or reimbursement to be provided in accordance with the provisions of this Agreement. C. For the purposes of determining the value to be included in total project costs and the amount of credit to be afforded or reimbursement to be provided in accordance with this Agreement and except as otherwise provided in paragraph G. of this Article,the value of lands, easements, and rights-of-way, including those required for relocations,the borrowing of material, and the disposal of dredged or excavated material, shall be the fair market value of the real property interests, plus certain incidental costs of acquiring those interests, as determined in accordance with the provisions of this paragraph. 1. Date of Valuation. The fair market value of lands, easements, or rights- of-way owned by the Non-Federal Sponsor on the effective date of this Agreement shall be the fair market value of such real property interests as of the date the Non-Federal Sponsor provides the Government with authorization for entry thereto. The fair market value of lands, easements, or rights-of-way acquired by the Non-Federal Sponsor after the effective date of this Agreement shall be the fair market value of such real property interests at the time the interests are acquired. 2. General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5. of this Article,the fair market value of lands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph. 14 a. The Non-Federal Sponsor shall obtain,for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non- Federal Sponsor and the Government. The Non-Federal Sponsor shall provide the Government with the appraisal no later than 6 months after the Non-Federal Sponsor provides the Government with an authorization for entry for such real property interest. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. The fair market value shall be the amount set forth in the Non-Federal Sponsor's appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor's appraisal,the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor's second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor's second appraisal,the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph,the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government's appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government's appraisal,the Government, after consultation with the Non- Federal Sponsor, shall consider the Government's and the Non-Federal Sponsor's appraisals and determine an amount based thereon, which shall be deemed to be the fair market value. b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article,the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this Article. 3. Eminent Domain Valuation Procedure. For lands, easements, or rights- of-way acquired by eminent domain proceedings instituted after the effective date of this Agreement,the Non-Federal Sponsor, prior to instituting such proceedings, shall submit to the Government notification in writing of its intent to institute such proceedings and an appraisal of the specific real property interests to be acquired in such proceedings. The Government shall have 60 calendar days after receipt of such a notice and appraisal within which to review the appraisal, if not previously approved by the Government in writing. a. If the Government previously has approved the appraisal in writing, or if the Government provides written approval of, or takes no action on,the appraisal within such 60 day period,the Non-Federal Sponsor shall use the amount set forth in such appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. 15 b. If the Government provides written disapproval of the appraisal, including the reasons for disapproval, within such 60 day period,the Government and the Non-Federal Sponsor shall consult in good faith to promptly resolve the issues or areas of disagreement that are identified in the Government's written disapproval. If, after such good faith consultation,the Government and the Non-Federal Sponsor agree as to an appropriate amount,then the Non-Federal Sponsor shall use that amount as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. If, after such good faith consultation,the Government and the Non-Federal Sponsor cannot agree as to an appropriate amount,then the Non-Federal Sponsor may use the amount set forth in its appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. c. For lands, easements, or rights-of-way acquired by eminent domain proceedings instituted in accordance with paragraph C.3. of this Article,fair market value shall be either the amount of the court award for the real property interests taken,to the extent the Government determined such interests are required for construction, operation, and maintenance of the Project, or the amount of any stipulated settlement or portion thereof that the Government approves in writing. 4. Incidental Costs. For lands, easements, or rights-of-way acquired by the Non-Federal Sponsor within a five year period preceding the effective date of this Agreement, or at any time after the effective date of this Agreement,the value of the interest shall include the documented incidental costs of acquiring the interest, as determined by the Government, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. In the event the Government modifies its determination made pursuant to Article IILA. of this Agreement,the Government shall afford credit for the documented incidental costs associated with preparing to acquire the lands, easements, or rights-of-way identified in the original determination, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. Such incidental costs shall include,but not necessarily be limited to, closing and title costs, appraisal costs, survey costs, attorney's fees, plat maps, mapping costs, actual amounts expended for payment of any relocation assistance benefits provided in accordance with Article IILD. of this Agreement, and other payments by the Non-Federal Sponsor for items that are generally recognized as compensable, and required to be paid, by applicable state law due to the acquisition of a real property interest in accordance with Article III of this Agreement. The value of the interests provided by the Non-Federal Sponsor in accordance with Article IILA. of this Agreement shall also include the documented costs of obtaining appraisals pursuant to paragraph C.2. of this Article, as determined by the Government, and subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. 5. Waiver of Appraisal. Except as required by paragraph C.3. of this Article, the Government may waive the requirement for an appraisal pursuant to this paragraph if it determines that an appraisal is unnecessary because the valuation is uncomplicated and that the estimated fair market value of the real property interest is 16 $10,000 or less based upon a review of available data. In such event, the Government and the Non-Federal Sponsor must agree in writing to the value of such real property interest in an amount not in excess of$10,000. D. After consultation with the Non-Federal Sponsor,the Government shall determine the value of relocations in accordance with the provisions of this paragraph. 1. For a relocation other than a highway,the value shall be only that portion of relocation costs that the Government determines is necessary to provide a functionally equivalent facility, reduced by depreciation, as applicable, and by the salvage value of any removed items. 2. For a relocation of a highway,the value shall be only that portion of relocation costs that would be necessary to accomplish the relocation in accordance with the design standard that the State of Washington would apply under similar conditions of geography and traffic load, reduced by the salvage value of any removed items. 3. Relocation costs shall include, but not necessarily be limited to, actual costs of performing the relocation; planning, engineering and design costs; supervision and administration costs; and documented incidental costs associated with performance of the relocation, as determined by the Government. Relocation costs shall not include any costs due to betterments, as determined by the Government, nor any additional cost of using new material when suitable used material is available. Relocation costs shall be subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. E. The value of the improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material shall be the costs of the improvements, as determined by the Government, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. Such costs shall include, but not necessarily be limited to, actual costs of providing the improvements; planning, engineering and design costs; supervision and administration costs; and documented incidental costs associated with providing the improvements, but shall not include any costs due to betterments, as determined by the Government. F. Any credit afforded or reimbursement provided under the terms of this Agreement for the value of relocations, or improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material, performed within the Project boundaries is subject to satisfactory compliance with applicable Federal labor laws covering non-Federal construction, including, but not limited to, 40 U.S.C. 3141- 3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act(formerly 40 U.S.C. 276a et seq.), the Contract Work Hours and Safety Standards Act(formerly 40 U.S.C. 327 et seq.) and the Copeland Anti-Kickback Act(formerly 40 U.S.C. 276c)). Notwithstanding any other provision of this Agreement, credit or reimbursement may be withheld, in whole or in 17 part, as a result of the Non-Federal Sponsor's failure to comply with its obligations under these laws. G. Where the Government, on behalf of the Non-Federal Sponsor pursuant to Article I1.1.1. of this Agreement, acquires lands, easements, or rights-of-way, performs relocations, or constructs improvements required on lands, easements, or rights-of-way to enable the disposal of dredged or excavated material, the value to be included in total project costs and the amount of credit to be afforded or the amount of reimbursement provided in accordance with this Agreement shall be the costs of such work performed or provided by the Government that are paid by the Non-Federal Sponsor in accordance with Article VLD. of this Agreement. In addition, the value to be included in total project costs and the amount of such credit to be afforded or the amount of reimbursement provided in accordance with this Agreement shall include the documented costs incurred by the Non-Federal Sponsor in accordance with the terms and conditions agreed upon in writing pursuant to Article ILL 1. of this Agreement subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. ARTICLE V - PROJECT COORDINATION TEAM A. To provide for consistent and effective communication,the Non-Federal Sponsor and the Government,not later than 30 calendar days after the effective date of this Agreement, shall appoint named senior representatives to a Project Coordination Team. Thereafter,the Project Coordination Team shall meet regularly until the end of the period of construction. The Government's Project Manager and a counterpart named by the Non- Federal Sponsor shall co-chair the Project Coordination Team. B. The Government's Project Manager and the Non-Federal Sponsor's counterpart shall keep the Project Coordination Team informed of the progress of construction and of significant pending issues and actions, and shall seek the views of the Project Coordination Team on matters that the Project Coordination Team generally oversees. C. Until the end of the period of construction,the Project Coordination Team shall generally oversee the Project, including matters related to: plans and specifications; scheduling; real property and relocation requirements; real property acquisition; contract awards and modifications; contract costs;the application of and compliance with 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act(formerly 40 U.S.C. 276a et seq.), the Contract Work Hours and Safety Standards Act(formerly 40 U.S.C. 327 et seq.) and the Copeland Anti-Kickback Act(formerly 40 U.S.C. 276c))for relocations and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material; the investigations to identify the existence and extent of hazardous substances in accordance with Article XIV.A. of this Agreement; historic preservation activities in accordance with Article XVII of this Agreement; the Government's cost projections; final inspection of the entire Project or functional portions 18 of the Project, preparation of the proposed OMRR&R Manual; finalization of the monitoring plan; performance of monitoring and adaptive management; anticipated requirements and needed capabilities for performance of operation, maintenance, repair, rehabilitation, and replacement of the Project including issuance of permits; and other matters related to the Project. This oversight of the Project shall be consistent with a project management plan developed by the Government after consultation with the Non-Federal Sponsor. D. The Project Coordination Team may make recommendations to the District Engineer on matters related to the Projectthat the Project Coordination Team generally oversees, including suggestions to avoid potential sources of dispute. The Government in good faith shall consider the recommendations of the Project Coordination Team. The Government, having the legal authority and responsibility for construction of the Project, has the discretion to accept or reject, in whole or in part,the Project Coordination Team's recommendations. E. The Non-Federal Sponsor's costs of participation in the Project Coordination Team shall be included in total project costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. The Government's costs of participation in the Project Coordination Team shall be included in total project costs and shared in accordance with the provisions of this Agreement. ARTICLE VI - METHOD OF PAYMENT A. In accordance with the provisions of this paragraph, the Government shall maintain current records and provide to the Non-Federal Sponsor current projections of costs,financial obligations, contributions provided by the parties, and the value included in total project costs for lands, easements, rights-of-way, relocations, and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement. 1. As of the effective date of this Agreement, total project costs are projected to be $6,542,000; total ecosystem restoration costs are projected to be $6,088,227; the Non-Federal Sponsor's contribution of funds required by Article ILC.2. of this Agreement is projected to be $1,623,629.45; total recreation costs are projected to be $453,773; the Non-Federal Sponsor's contribution of funds required by Article II.D.2. and Article ILD.4. of this Agreement is projected to be $0; the non-Federal proportionate share is projected to be 33.40 percent;the Non-Federal Sponsor's contribution of funds required by Article XVILB.3. of this Agreement is projected to be $0;the value included in total project costs for lands, easements, rights-of-way, relocations, and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement is projected to be $125,000 for the ecosystem restoration features and $125,000 for the recreation features; the value of the Non-Federal Sponsor's contributions under Article V, 19 Article X, and Article XIV.A. of this Agreement is projected to be $20,000 for the ecosystem restoration features and $20,000 for the recreation features; and the Government's total financial obligations for the additional work to be incurred and the Non-Federal Sponsor's contribution of funds for such costs required by Article II.I. of this Agreement are projected to be $0. These amounts and percentage are estimates subject to adjustment by the Government, after consultation with the Non-Federal Sponsor, and are not to be construed as the total financial responsibilities of the Government and the Non-Federal Sponsor. 2. By January 2015 and by each quarterly anniversary thereof until the conclusion of the period of construction and resolution of all relevant claims and appeals and eminent domain proceedings, the Government shall provide the Non-Federal Sponsor with a report setting forth all contributions provided to date and the current projections of the following: total project costs; total ecosystem restoration costs; the Non-Federal Sponsor's total contribution of funds required by Article ILC.2. of this Agreement; total recreation costs; the Non-Federal Sponsor's total contribution of funds required by Article ILD.2. and Article ILD.4. of this Agreement; the non-Federal proportionate share;the Non-Federal Sponsor's total contribution of funds required by Article XVILB.3. of this Agreement;: the total contribution of funds required from the Non- Federal Sponsor for the upcoming fiscal year;the maximum amount determined in accordance with Article XX of this Agreement;the value included in total project costs for lands, easements, rights-of-way, relocations, and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement; the value of the Non-Federal Sponsor's contributions under Article V, Article X, and Article XIV.A. of this Agreement; and the Government's total financial obligations for additional work incurred and the Non-Federal Sponsor's contribution of funds for such costs required by Article II.I. of this Agreement. B. The Non-Federal Sponsor shall provide the contributions of funds required by Article ILC.2., Article ILD.2., Article ILDA., and Article XVILB.3. Article ILC.2., Article ILD.2., and Article XVILB.3. of this Agreement in accordance with the provisions of this paragraph. 1. Not less than calendar days prior to the scheduled date for issuance of the solicitation for the first contract for construction of the Project or commencement of construction of the Project using the Government's own forces,the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and the funds the Government determines to be required from the Non-Federal Sponsor, after consideration of any cash contribution provided by a non-Federal interest pursuant to the terms of the Design Agreement to meet its projected share under Article ILC.2., Article ILD.2., Article ILDA., and Article XVILB.3 of this Agreement. Not later than such scheduled date, the Non-Federal Sponsor shall provide the Government with the full amount of such required funds by delivering a check payable to "FAO, USAED, Seattle District"to the 20 District Engineer, or verifying to the satisfaction of the Government that the Non-Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non-Federal Sponsor, or by presenting the Government with an irrevocable letter of credit acceptable to the Government for such required funds, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. 2. The Government shall draw from the funds provided by the Non- Federal Sponsor such sums as the Government deems necessary , after consideration of any contributions provided by a non-Federal interest pursuant to the terms of the Design Agreement,to cover: (a)the non-Federal proportionate share of financial obligations for construction incurred prior to the commencement of the period of construction; (b)the non-Federal proportionate share of financial obligations for construction as financial obligations for construction are incurred; and (c)the Non-Federal Sponsor's share of financial obligations for data recovery activities associated with historic preservation pursuant to Article XVILB.3. of this Agreement as those financial obligations are incurred. If at any time the Government determines that additional funds will be needed from the Non-Federal Sponsor to cover the Non-Federal Sponsor's share of such financial obligations,the Government shall notify the Non-Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 60 calendar days from receipt of such notice, the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. C. Upon the District Engineer's determination that, except for monitoring and adaptive management, the entire Project is complete and all relevant claims and appeals and eminent domain proceedings have been resolved, the Government shall conduct an interim accounting and furnish the results to the Non-Federal Sponsor. Further, upon conclusion of the period of construction and resolution of all relevant claims and appeals and eminent domain proceedings,the Government shall amend the interim accounting to complete the final accounting and furnish the results to the Non-Federal Sponsor. If outstanding relevant claims and appeals or eminent domain proceedings prevent a final accounting from being conducted in a timely manner, the Government shall conduct an interim accounting or amend the previous interim accounting, as applicable, and furnish the Non-Federal Sponsor with written notice of the results of such interim or amended interim accounting, as applicable. Once all outstanding relevant claims and appeals and eminent domain proceedings are resolved, the Government shall complete the final accounting and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. The interim or final accounting, as applicable, shall determine total project costs, total ecosystem restoration costs, total recreation costs, and the costs of any data recovery activities associated with historic preservation. hi addition,for each set of costs,the interim or final accounting, as applicable, shall determine each party's required share thereof, and each party's total contributions thereto as of the date of such accounting. 21 1. Should the interim or final accounting, as applicable, show that the Non-Federal Sponsor's total required shares of total ecosystem restoration costs, total recreation costs, and the costs of any data recovery activities associated with historic preservation exceed the Non-Federal Sponsor's total contributions provided thereto, the Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, Seattle District"to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. 2. Should the interim or final accounting, as applicable, show that the total contributions provided by the Non-Federal Sponsor for total ecosystem restoration costs, total recreation costs, and the costs of any data recovery activities associated with historic preservation exceed the Non-Federal Sponsor's total required shares thereof, the Government, subject to the availability of funds and as limited by Article II.D.4. of this Agreement, shall refund or reimburse the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non-Federal Sponsor is due a refund or reimbursement and funds are not available to refund or reimburse the excess amount to the Non-Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund or reimbursement. D. The Non-Federal Sponsor shall provide the contribution of funds required by Article II.I. of this Agreement for additional work in accordance with the provisions of this paragraph. 1. Not less than 28 calendar days prior to the scheduled date for the first financial obligation for additional work, the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and of the full amount of funds the Government determines to be required from the Non-Federal Sponsor to cover the costs of the additional work. No later than 30 calendar days prior to the Government incurring any financial obligation for additional work, the Non-Federal Sponsor shall provide the Government with the full amount of the funds required to cover the costs of such additional work through any of the payment mechanisms specified in paragraph B.1. of this Article. 2. The Government shall draw from the funds provided by the Non- Federal Sponsor such sums as the Government deems necessary to cover the Government's financial obligations for such additional work as they are incurred. If at any time the Government determines that the Non-Federal Sponsor must provide additional funds to pay for such additional work, the Government shall notify the Non- Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 30 calendar days from receipt of such notice, the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. 22 3. At the time the Government conducts the interim or final accounting, as applicable, the Government shall conduct an accounting of the Government's financial obligations for additional work incurred and furnish the Non-Federal Sponsor with written notice of the results of such accounting. If outstanding relevant claims and appeals or eminent domain proceedings prevent a final accounting of additional work from being conducted in a timely manner, the Government shall conduct an interim accounting of additional work and furnish the Non-Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals and eminent domain proceedings are resolved, the Government shall amend the interim accounting of additional work to complete the final accounting of additional work and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. Such interim or final accounting, as applicable, shall determine the Government's total financial obligations for additional work and the Non-Federal Sponsor's contribution of funds provided thereto as of the date of such accounting. a. Should the interim or final accounting, as applicable, show that the total obligations for additional work exceed the total contribution of funds provided by the Non-Federal Sponsor for such additional work, the Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, Seattle District"to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. b. Should the interim or final accounting, as applicable, show that the total contribution of funds provided by the Non-Federal Sponsor for additional work exceeds the total obligations for such additional work,the Government, subject to the availability of funds, shall refund the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non- Federal Sponsor is due a refund and funds are not available to refund the excess amount to the Non-Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund. ARTICLE VII - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement,that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation,they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. 23 ARTICLE VIII - OPERATION, MAINTENANCE, REPAIR, REHABILITATION, AND REPLACEMENT (OMRR&R) A. Upon receipt of the notification from the District Engineer in accordance with Article IL E. of this Agreement and for so long as the Project remains authorized,the Non- Federal Sponsor, pursuant to Article ILF. of this Agreement, shall operate, maintain, repair, rehabilitate, and replace the entire Project or functional portion of the Project, at no cost to the Government. The Non-Federal Sponsor shall conduct its operation, maintenance, repair, rehabilitation, and replacement responsibilities in a manner compatible with the Project's authorized purposes and in accordance with applicable Federal and State laws as provided in Article XI of this Agreement and specific directions prescribed by the Government in the interim or final OMRR&R Manual and any subsequent amendments thereto. B. The Non-Federal Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon property that the Non-Federal Sponsor now or hereafter owns or controls for access to the Project for the purpose of inspection and, if necessary,for the purpose of completing, operating, maintaining, repairing, rehabilitating, or replacing the Project. If an inspection shows that the Non-Federal Sponsor for any reason is failing to perform its obligations under this Agreement,the Government shall send a written notice describing the non-performance to the Non-Federal Sponsor. If, after 30 calendar days from receipt of such written notice by the Government,the Non-Federal Sponsor continues to fail to perform,then the Government shall have the right to enter, at reasonable times and in a reasonable manner, upon property that the Non-Federal Sponsor now or hereafter owns or controls for the purpose of completing, operating, maintaining, repairing, rehabilitating, or replacing the Project. No completion, operation,maintenance, repair, rehabilitation, or replacement by the Government shall relieve the Non-Federal Sponsor of responsibility to meet the Non-Federal Sponsor's obligations as set forth in this Agreement, or to preclude the Government from pursuing any other remedy at law or equity to ensure faithful performance pursuant to this Agreement. ARTICLE IX—HOLD AND SAVE Subject to the provisions of Article XXI of this Agreement,the] The Non-Federal Sponsor shall hold and save the Government free from all damages arising from construction, monitoring, adaptive management, operation, maintenance, repair, rehabilitation, and replacement of the Project and any betterments, except for damages due to the fault or negligence of the Government or its contractors. ARTICLE X - MAINTENANCE OF RECORDS AND AUDIT A. Not later than 60 calendar days after the effective date of this Agreement,the Government and the Non-Federal Sponsor shall develop procedures for keeping books, records, documents, or other evidence pertaining to costs and expenses incurred pursuant to 24 this Agreement. These procedures shall incorporate, and apply as appropriate,the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The Government and the Non-Federal Sponsor shall maintain such books, records, documents, or other evidence in accordance with these procedures and for a minimum of three years after completion of the accounting for which such books, records, documents, or other evidence were required. To the extent permitted under applicable Federal laws and regulations,the Government and the Non-Federal Sponsor shall each allow the other to inspect such books, records, documents, or other evidence. B. In accordance with 32 C.F.R. Section 33.26,the Non-Federal Sponsor is responsible for complying with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501- 7507), as implemented by Office of Management and Budget(OMB)Circular No. A-133 and Department of Defense Directive 7600.10. Upon request of the Non-Federal Sponsor and to the extent permitted under applicable Federal laws and regulations,the Government shall provide to the Non-Federal Sponsor and independent auditors any information necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement. The costs of any non-Federal audits performed in accordance with this paragraph shall be allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such costs as are allocated to the Project shall be included in total project costs and shared in accordance with the provisions of this Agreement. C. In accordance with 31 U.S.C. 7503,the Government may conduct audits in addition to any audit that the Non-Federal Sponsor is required to conduct under the Single Audit Act Amendments of 1996. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and other applicable cost principles and regulations. The costs of Government audits performed in accordance with this paragraph shall be included in total project costs and shared in accordance with the provisions of this Agreement. ARTICLE XI - FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement, the Non-Federal Sponsor and the Government shall comply with all applicable Federal and State laws and regulations, including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant thereto; Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army"; and all applicable Federal labor standards requirements including, but not limited to, 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act (formerly 40 U.S.C. 276a et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et seq.) and the Copeland Anti-Kickback Act(formerly 40 U.S.C. 276c)). 25 ARTICLE XII - RELATIONSHIP OF PARTIES A. hi the exercise of their respective rights and obligations under this Agreement, the Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. B. hi the exercise of its rights and obligations under this Agreement, neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights the other party may have to seek relief or redress against that contractor either pursuant to any cause of action that the other party may have or for violation of any law. ARTICLE XIII - TERMINATION OR SUSPENSION A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this Agreement,the Assistant Secretary of the Army(Civil Works)shall terminate this Agreement or suspend future performance under this Agreement unless the Assistant Secretary of the Army(Civil Works) determines that continuation of work on the Project is in the interest of the United States or is necessary in order to satisfy agreements with any other non-Federal interests in connection with the Project. B. In the event the Government projects that the amount of Federal funds the Government will make available to the Project through the then-current fiscal year, or the amount of Federal funds the Government will make available for the Project through the upcoming fiscal year, is not sufficient to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVILB.2. and Article XVILB.3. of this Agreement that the Government projects to be incurred through the then-current or upcoming fiscal year, as applicable,the Government shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project, future performance under this Agreement shall be suspended. Such suspension shall remain in effect until such time that the Government notifies the Non-Federal Sponsor in writing that sufficient Federal funds are available to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVILB.2. and Article XVILB.3. of this Agreement the Government projects to be incurred through the then-current or upcoming fiscal year, or the Government or the Non-Federal Sponsor elects to terminate this Agreement. C. hi the event that the Government and the Non-Federal Sponsor determine to suspend future performance under this Agreement in accordance with Article XIV.C. of this Agreement, such suspension shall remain in effect until the Government and the Non-Federal Sponsor agree to proceed or to terminate this Agreement. In the event that 26 the Government suspends future performance under this Agreement in accordance with Article XIV.C. of this Agreement due to failure to reach agreement with the Non-Federal Sponsor on whether to proceed or to terminate this Agreement, or the failure of the Non- Federal Sponsor to provide funds to pay for cleanup and response costs or to otherwise discharge the Non-Federal Sponsor's responsibilities under Article XIV.C. of this Agreement, such suspension shall remain in effect until: 1)the Government and Non- Federal Sponsor reach agreement on how to proceed or to terminate this Agreement; 2) the Non-Federal Sponsor provides funds necessary to pay for cleanup and response costs and otherwise discharges its responsibilities under Article XIV.C. of this Agreement; 3) the Government continues work on the Project; or 4)the Government terminates this Agreement in accordance with the provisions of Article XIV.C. of this Agreement. D. hi the event that this Agreement is terminated pursuant to this Article or Article XIV.C. of this Agreement, both parties shall conclude their activities relating to the Project and conduct an accounting in accordance with Article VLC. of this Agreement. To provide for this eventuality, the Government may reserve a percentage of total Federal funds made available for the Project and an equal percentage of the total funds contributed by the Non-Federal Sponsor in accordance with Article II.C.2., Article II.D.2., Article ILD.4., and Article XVILB.3. of this Agreement as a contingency to pay costs of termination, including any costs of resolution of contract claims and contract modifications. E. Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article or Article XIV.C. of this Agreement shall not relieve the parties of liability for any obligation previously incurred. Any delinquent payment owed by the Non-Federal Sponsor shall be charged interest at a rate,to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE XIV - HAZARDOUS SUBSTANCES A. After execution of this Agreement and upon direction by the District Engineer, the Non-Federal Sponsor shall perform, or ensure performance of, any investigations for hazardous substances that the Government or the Non-Federal Sponsor determines to be necessary to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act(hereinafter "CERCLA") (42 U.S.C. 9601-9675),that may exist in, on, or under lands, easements, and rights-of-way that the Government determines, pursuant to Article III of this Agreement,to be required for construction, operation, and maintenance of the Project. However, for lands, easements, and rights-of-way that the Government determines to be subject to the navigation servitude, only the Government shall perform such investigations unless the District Engineer provides the Non-Federal Sponsor with prior specific written direction, in which 27 case the Non-Federal Sponsor shall perform such investigations in accordance with such written direction. 1. All actual costs incurred by the Non-Federal Sponsor for such investigations for hazardous substances shall be included in total project costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. 2. All actual costs incurred by the Government for such investigations for hazardous substances shall be included in total project costs and shared in accordance with the provisions of this Agreement. B. hi the event it is discovered through any investigation for hazardous substances or other means that hazardous substances regulated under CERCLA exist in, on, or under any lands, easements, or rights-of-way that the Government determines, pursuant to Article III of this Agreement,to be required for construction, operation, and maintenance of the Project,the Non-Federal Sponsor and the Government, in addition to providing any other notice required by applicable law, shall provide prompt written notice to each other, and the Non-Federal Sponsor shall not proceed with the acquisition of the real property interests until the parties agree that the Non-Federal Sponsor should proceed. C. The Government and the Non-Federal Sponsor shall determine whether to initiate construction of the Project, or, if already in construction, whether to continue with construction of the Project, suspend future performance under this Agreement, or terminate this Agreement for the convenience of the Government, in any case where hazardous substances regulated under CERCLA are found to exist in, on, or under any lands, easements, or rights-of-way that the Government determines, pursuant to Article III of this Agreement,to be required for construction, operation, and maintenance of the Project. Should the Government and the Non-Federal Sponsor determine to initiate or continue with construction of the Project after considering any liability that may arise under CERCLA,the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor, for the costs of cleanup and response, including the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered apart of total project costs. hi the event the Non-Federal Sponsor does not reach agreement with the Government on whether to proceed or to terminate this Agreement under this paragraph, or fails to provide any funds necessary to pay for cleanup and response costs or to otherwise discharge the Non-Federal Sponsor's responsibilities under this paragraph upon direction by the Government,the Government, in its sole discretion, may either terminate this Agreement for the convenience of the Government, suspend future performance under this Agreement, or continue work on the Project. D. The Non-Federal Sponsor and the Government shall consult with each other in accordance with Article V of this Agreement in an effort to ensure that responsible parties bear any necessary cleanup and response costs as defined in CERCLA. Any decision made 28 pursuant to paragraph C. of this Article shall not relieve any third party from any liability that may arise under CERCLA. E. As between the Government and the Non-Federal Sponsor,the Non-Federal Sponsor shall be considered the operator of the Project for purposes of CERCLA liability. To the maximum extent practicable,the Non-Federal Sponsor shall operate, maintain, repair, rehabilitate, and replace the Project in a manner that will not cause liability to arise under CERCLA. ARTICLE XV - NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or sent by telegram or mailed by first-class, registered, or certified mail, as follows: If to the Non-Federal Sponsor: Director, Public Works City of Kent 400 W Gowe St Kent, WA 98032 If to the Government: Chief, Civil Works Branch Seattle District, Corps of Engineers P.O. Box 3755 Seattle, WA 98124-3755 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice,request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE XVI - CONFIDENTIALITY To the extent permitted by the laws governing each party,the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. 29 ARTICLE XVII - HISTORIC PRESERVATION A. The Government, as it determines necessary for the Project, shall perform any identification, survey, or evaluation of historic properties. Any costs incurred by the Government for such work shall be included in total project costs and shared in accordance with the provisions of this Agreement. B. The Government, as it determines necessary for the Project, shall perform or ensure the performance of any mitigation activities or actions for historic properties or that are otherwise associated with historic preservation including data recovery activities. 1. Any costs incurred by the Government for such mitigation activities, except for data recovery activities associated with historic preservation, shall be included in total project costs and shared in accordance with the provisions of this Agreement. 2. As specified in Section 7(a)of Public Law 86-523, as amended by Public Law 93-291 (16 U.S.C. 469c(a)),the costs of data recovery activities associated with historic preservation shall be borne entirely by the Government and shall not be included in total project costs, up to the statutory limit of one percent of the total amount authorized to be appropriated to the Government for the Project. 3. The Government shall not incur costs for data recovery activities associated with historic preservation that exceed the statutory one percent limit specified in paragraph B.2. of this Article unless and until the Assistant Secretary of the Army(Civil Works)has waived that limit and the Secretary of the Interior has concurred in the waiver in accordance with Section 208(3)of Public Law 96-515, as amended(16 U.S.C. 469c- 2(3)). a. Any costs of data recovery activities associated with historic preservation that exceed the one percent limit and are determined by the Government to be attributable to the ecosystem restoration features shall not be included in total project costs but shall be shared between the Non-Federal Sponsor and the Government consistent with the cost sharing requirements for ecosystem restoration, as follows: 35 percent will be home by the Non-Federal Sponsor and 65 percent will be borne by the Government. b. Any costs of data recovery activities associated with historic preservation that exceed the one percent limit and are determined by the Government to be attributable to the recreation features shall not be included in total project costs but shall be shared between the Non-Federal Sponsor and the Government consistent with the cost sharing requirements for recreation, as follows: 50 percent will be home by the Non-Federal Sponsor and 50 percent will be home by the Government. C. If, during its performance of relocations or construction of improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material in accordance with Article III of this Agreement,the Non-Federal Sponsor discovers historic properties or other cultural resources that have not been evaluated 30 by the Government pursuant to this Article,the Non-Federal Sponsor shall provide prompt written notice to the Government of such discovery. The Non-Federal Sponsor shall not proceed with performance of the relocation or construction of the improvement that is related to such discovery until the Government provides written notice to the Non-Federal Sponsor that it should proceed with such work. ARTICLE XVIII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES Nothing in this Agreement is intended, nor may be construed, to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not party to this Agreement. ARTICLE XIX - NON-LIABILITY OF OFFICERS AND EMPLOYEES No officer, agent, consultant, or employee of the Non-Federal Sponsor, nor any officer, agent, consultant, or employee of the Government, may be charged personally, or held liable, under the terms or provisions of this Agreement because of any breach, attempted breach, or alleged breach thereof, except as provided in Section 912(b) of the Water Resources Development Act of 1986, Public Law 99-662, as amended (42 U.S.C. 1962d-5b note), or other applicable law. ARTICLE XX - SECTION 902 MAXIMUM COST OF PROJECT The Non-Federal Sponsor understands that Section 902 of the Water Resources Development Act of 1986, Public Law 99-662, as amended(33 U.S.C. 2280) establishes the maximum amount of total costs for the Authorized Project, of which the Project is a separable element. On the effective date of this Agreement,the maximum amount of total costs for the Authorized Project, which is the sum of total project costs for the Project and the costs for all other separable elements of the Authorized Project, is estimated to be $255,711,000, as calculated in accordance with Engineer Regulation 1105-2-100, using October 1, 2013 price levels, and including allowances for projected future inflation. The Government shall adjust such maximum amount of total costs for the Authorized Project, in accordance with Section 902 of the Water Resources Development Act of 1986, Public Law 99-662, as amended(33 U.S.C. 2280), when necessary. 31 IN WITNESS WHEREOF,the parties hereto have executed this Agreement,which shall become effective upon the date it is signed by the DEPARTMENT OF THE ARMY CITY OF KENT BY: BY: Bruce A. Estok Suzette Cooke Colonel, Corps of Engineers Mayor District Engineer DATE: DATE: 32 CERTIFICATE OF AUTHORITY I, , do hereby certify that I am the principal legal officer of the City of Kent,that the City of Kent is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Kent in connection with the Duwamish/Green Boeing Ecosystem Restoration Project and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this Agreement, as required by Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended(42 U.S.C. 1962d- 5b), and that the persons who have executed this Agreement on behalf of the City of Kent have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 20 Pat Fitzpatrick, Acting City Attorney 33 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 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G��r: � I r l�(r )/' M/�//n////��i � � r i/ii11✓"`(� � I � F � ( I�f� � l�i��`,�1 ., I '/ �l 1 imrrNr � Je 6 cw�� r� ,I /, 7j��3 rf �l� / If // // / /?�/9l A� � r r )///yf rr /%�a A a 1 /�� 1r /r�ff� I rG / r "� r, '"�� , , �� , Y� //i l ,< %/f/ i r�� / y/ � "'�^ ;, l: t;� rgllf (�iiN�,� ��// This page intentionally left blank. KENT....,o Agenda Item: Consent Calendar - 7C �. _ � TO: City Council DATE: July 1, 2014 SUBJECT: Consultant Services Agreement with GeoEngineers for SE 240th Street Slope Stabilization and Pavement Restoration - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers in an amount not to exceed $66,000 to provide design services for slope stabilization and pavement restoration along SE 240th Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The northerly portion of SE 240th Street overlooking the Soos Creek trail has begun to suffer slope failure, resulting in progressive damage to the road. The affected portion of SE 240th Street lies between 144th Avenue SE and 146th Place. The City has requested a scope of work and budget from GeoEngineers to provide plans for slope stabilization, the restoration of SE 240th Street, and related facilities including drainage and guardrail. EXHIBITS: GeoEngineers, Inc. Consultant Services Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher - Ralph - Higgins NAY: BUDGET IMPACTS: Funding to be determined. This page intentionally left blank. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Lyle Stone (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide services to design a repair for a slope instability located on SE 240th Street between 144th Avenue SE and 146th Place SE. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Six Thousand Dollars ($66,000.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. For claims arising or alleged to arise from Consultant's professional services only, Consultant's duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, and agents in the performance of the contract work and shall utilize all protection necessary for that purpose and shall cause any subcontractors hired by Consultant to be responsible for the safety of its employees and agents. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lyle Stone Timothy J. LaPorte, P.E. GeoEngineers, Inc. City of Kent 1101 S. Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GeoEngineers-29 "SlopeNnmin CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A GEOENGINEERS 1101 South Fawcett Avenue,Suite 200 Tacoma,Washington 98402 253,383.4940 II June 11, 2014 City of Kent 220 Fourth Avenue South Kent, Washington 98032-5895 Attention: Mark Howlett Proposed Scope and Budget File No. 0410.188-01 INTRODUCTION AND PROJECT UNDERSTANDING The purpose of our services is to design a repair for a slope instability located on the north shoulder of SE 2401h Street between 144th Avenue SE and 146th Place SE in Kent, Washington. Our initial evaluation of the area and preliminary options for repairs were provided in a memorandum dated April 1,2014 and a letter dated April 25, 2014. Our letter discussed options to realign the road, construct a structural earth wall (SEW), or construct a soldier pile wall. We understand that you wish to proceed with design of the soldier pile wall, because it is less likely to require acquiring additional right-of-way or relocating existing utilities. It appears that the unstable area, where the soldier pile wall will be constructed, is about 180 feet long. Our study will include about 350 feet of road from the crest of the hill east of 144th Avenue SE down to 146V Place SE. The soldier pile wall will be located on the down slope shoulder of SE 240th Street. The wall will be designed to support all of the observed sloughing soil, but lagging will only be placed in the upper 3 to 5 feet of the wall. If or when the slough extends further down the slope, additional lagging will need to be placed. We will design the wall to extend beyond the current unstable area including provisions for adding soldier piles if adjacent areas become unstable in the future. ASSUMPTIONS AND DESIGN CRITERIA City of Kent will provide all necessary topographic/civil site survey in AutoCAD drawing format. The area necessary forsurvey will include approximately 550 feet of roadway. The survey must also include the slope area on either side of the road. The slope survey should extend from the top of the slope south of SE 240th Street to the bottom of the slope north or SE 240th. We include an optional line item for survey in our budget and can provide these services if required. Structural design will be based on 2012 American Association of State Highway and Transportation Officials (AASHTO). 0 We will not be reviewing or modifying the roadway alignment for highway geometric standards, project plans will only address repairing the sloughed area. Repaving will be limited to repairing damaged areas from the City of Scent`June ll.20Z4 Page 2 slough or from construction. We anticipate this will include isolated patches, a chip seal (moisture seal)over the entire area, and restriping as needed. W City of Kent will manage the construction bidding and construction contracting. GeoEngineers will provide engineering support during bid and construction under a separate contract. SCOPE OF SERVICES GeoEngineers and their sub-consultant KPFF Consulting Engineers (KPFF) will provide geotechnical, structural, and civil engineering design services for repair of the slope north of SE 240th Street. Our proposed geotechnical scope of services is below; KPFF's proposed scope of services is attached. Our deliverable will be a set of construction plans, technical specifications (based on Washington State Department of Transportation [WSDOT] and Kent Special Provisions), and an engineer's estimate of probable construction cost. Gootechmeai Scone of services 1. Advance up to four subsurface explorations along the north shoulder of the road in the proposed wall area. The explorations will extend up to 40 feet into dense glacial soil. We have budgeted for a total of 240 feet of drilling. We will mark our explorations and contact Washington State One-Call priorto starting drilling. A lane closure with traffic control will be required to complete our explorations. We have assumed thatthe City will provide required street use permits. 2. Provide geotechnical engineering recommendations for use by KPFF to design the retaining wall. Our recommendations will be provided directly to KPFF in the form of design memoranda. We anticipate our design recommendations will include: Lateral earth pressures (active and passive). Minimum wall embedment depths required for global stability. I I Wall drainage requirements. AASHTO Seismic Design Parameters. 3. Review 30 and 90 percent plans and specifications prepared by KPFF. 4. Prepare a Geotechnical Basis of Design report presenting a summary of our subsurface investigation and construction recommendations for inclusion with project specifications and bid documents. 5. Prepare a SEPA checklist for the project. We understand that the City of Kent is the local permitting agency. We will prepare SEPA forms and submit them with the plans and specifications for review by the City. 6. Incorporate City comments, as appropriate, and review final plans and specifications prepared by KPFF. SCHEDULE We understand that this is a time critical repair. We will make every effort to accelerate this schedule where possible. We anticipate that explorations can be completed within two weeks of receiving a signed agreement (depending drilling subcontractor availability). Structural and civil design can begin once the explorations are completed and survey information is received. We anticipate that review documents (30 percent plans)will be delivered to the City two to three weeks after completing explorations and receiving survey information. We anticipate that review I GiErRS H r, oeu:nn . City ofKent l June JJ.2014 Pege3 I I documents(90 percent plans)will bed elivered to the City four to six weeks after completing explorations and receiving survey information. Plans and specifications can be finalized within one week of receiving minor comments. TERMS AND BUDGET We understand the professional services listed above be provided in accordance with the terms and conditions most recently negotiated between the City of Kent and GeoEngineers. The fee for the services described above will be determined on a time-and-expense basis usingthe rates indicated on the attached Schedule of Charges. We estimate that our fee for the services outlined above will be generally as shown in the following table. SERVICES ESTIMATED FEE Field Engneering,.Reconnaissance,and Coordination(GeoEngineers) $6,900I- Traffic Control(AGS) $2,500 Subsurface Explorations(Holocene Drilling) '$10,000 Laboratory Testing(Geo Engineers), $900 i Geotechnical Engineering and Engineering Review(GeoEngineers) $7 300 SEPA Checklist(GeoEngineers) $2,000. $12,7Q0 Site Survey(KPFF)(Optional) (Not Included in Total) Structural Engineering(KPFF) $23,000 Civil Engineering(KPFF) $13,400 Total $66,000 We will endeavor to keep you apprised of project status and conditions that may significantly affect our scope and estimate. We will contact you if it appears we will exceed this estimate. Attachments: Schedule of Charges-Redmond/Tacoma 2014 KPFF Proposal GEOENGINEERS r Pfla ft.0410-1 M f]3 i Schedule of Charges - 2014 COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount is so indicated in the proposal or services agreement.Current rates are: Professional Staff Staff I Scientist/Analyst $ 99/hour Staff 1 Engineer $ 104/hour Staff 2 Scientist/Analyst $ 114/hour Staff 2 Engineer $ 120/hour Staff 3.Scientist/Analyst $ 130/hour '.. Staff 3 Engineer $ 135/hour Scientist/Analyst 1 $ 151/hour Engineer 1 $ 156/hour Scientist/Analyst 2 $ 156/hour Engineer $ 161/hour Senior Engineer/Scientist/Analyst 1 $ 171/hour Senior Engineer/Scientist/Analyst 2 $ 187/hour Associate $' 202/hour Principal -- $ 223/hour - Senior Principal $ 249/hour Technical Support Staff Administrator 1 $ '68/hour 4 Administrator 2 $ 78/hour Administrator 3 88/hour CAD Technician $ 83/hour I CAD Designer - $ 94/hour CAD Design Coordinator $ 99/hour Technician $ 78/hour Senior Technician $ 88/hour '.. Lead Technician $ 49/hour Software Development Staff Database ArohiteaVAnalyst $ 166/hour Senior Database Architect/Analyst $ 187/hour Business Analyst $ 166/hour Senior Business Analyst $ 187/hour Software:Architect/Developer $ 187/hour; Senior Software Architect Developer $ 207/hour IT Project Manager $ 207/hour Senior IT Project Manager $ 233/hour Contracted professional and technical services will be charged at the applicable hourly rates listed above.Staff time spent in depositions, trial preparation and court or hearing testimony will be billed at one and one-half times the above rates. Time spent in either local or inter-city travel, when travel is in the interest of this contract, will be charged in accordance with the foregoing schedule. Rates for data storage and web-based access will be provided on a project-specific basis. I Schedule_Redmond-Tacorna-Portland-2014 GEoENGINEER$ •/�1y�7 i Redmond-Tacoma-Portland Schedule of Charges 2014 Page 2 of 2 Equipment Alr Quallty EgUlpment,perday $ 15000 Air Sparging Field Test,per day $ 500,00 Asbestos Sample Kit,per day, $ 25.00 '.. elastmate,per day $ 10000 22foot Sampling and Dive Boat(plus fuel),per day $ 750.00 Camcorder,per day $ 50.00 Concrete/Masonry Field Gear,per day Crack Gauges,per gauge $ 26.00 A&M Sampler,per day(I day min.) _ $ Data Logger 8-channel,per day $ 300.00 Electrical Tape,per day $ 25-00 Environmental Exploration Equipment,per day $ 150.00 Flow Meter,per day $ 40.00 Gas Detection and Oxygen Meters,per day(1 day min.) $ 100.00 Generator,per day(I day;min.) $ °100.00 Geotechmcal Exploration Equipment,per day' $ 12500 GPS Unit-,Professional Grade,per day;i _ $ 100.00 _. Groundwater Development and Sampling Pump,per day(I day min.) $ 100.00 Groundwater Monitoring Equipment per day $ 220,00 Hydrolab Multi Probe per day $ 100.00 Interface Probe,per day [ $ 50.00 Nuclear Density Gauge,per hour(4 hour daily min.) $ 10.00 Operations and Maintenance Equipment,per day $ ', 250.00 Peristaltic Pump,per day $ 50.00 pH Meter(per day) _ 1 $ 15.00 PI D,FID or OVA,per day $ Sam piing Van/Trailer per day $ 60.00 Saximeter,per day $ 25.00 Scuba Diving per day/per diver $ " 250,00 Single Channel Data Logger w/Transducer,per day $ 100.00 Slope Indicator per day(1 day min) $ 200.00 Soil Samples(in Rings),per sample $ 500 Soil Samples(in Sleeves).per sample $ 8.00 Spectra Photo Meter,per day $ 45.00 Stereoscope,per day I $' MOO Strain Gauge Readout,per day $ 40.00 I Tedlar Bags&Air Sampling Equipment,per sample $ 15100 Turbidity Testing Equipment,per day $ 30.00 Underwater Camera Still,per day $ 5000 Underwater Camera Video per day $ 15000 S Vapor Extraction Field Test,per day $ , 500.00 Vehicle usage,per mile,or$50/day,whichever is greater s 0.65 Vehicle 4-wheel drive truck,per day $ 80.00 Water Quality Equipment,per day $ 125.00 Specialized and miscellaneous field equipment, at current rates, list available upon request. OTHER SERVICES, SUPPLIES AND SPECIAL"FAXES Charges forservices,equipment,supplies and facilities notfurnished in accordance with the above schedule, and any unusual items of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling equipment, construction equipment,watercraft, aircraft, and special insurance which may be required.Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. Per diem may be charged in lieu of subsistence and lodging. Routinely used field supplies stocked in-house by GeoEngineers,at current rates, list available upon request. In-house testing for geotechnical soil characteristics at current rates, list available upon request. Associated Project Costs(AP`sC) Computer hardware and software, telephone and fax communications, printing and photocopying and routine postage via USPS will be charged at a flat rate of 6 percent of labor charges. These charges are labeled as Associated Project Costs(APC). All rates are subjectto change upon notification. GEOENGINEERS Laboratory Schedule of Charges - 2014 Type of Test Unit Price lil Sall Index and Classification Tests Soil Description(ASTM'0 2488) $ 15 Moisture Content Oven(ASTM D 2216) $ 18 Moisture/Density Rings:', $ 30 Shelby Tubes,waxed chunk $ 40 Tubes(liners),chunk $ 40 Particle Size Analysis Percent Passing No.200(D 1140) $ 55 Sieve(ASTM 0 422,D 6913,C 136 includes minus 200)Afash,..Pry Sieve) $ 90 I Hydrometer Only(ASTM D 422,minus#10 fraction) $ 130 Combined Sieve and..Hydrometer(ASTM D 422-63) $ 200 Organic Content(ASTM D 2974) $ 65 Specific Gravity(ASTM D 854) __ $ 60 Soil Resistivity(ASTM G 187) $ 40 pH of Soil(A8TM D 4972/G51) $ 40 Soluble Sulfates(US EPA 375.4) $ 40 Sulfides:: $ 40 Ductile Iron Pipe Research Association 10 Point Soil Evaluation Procedure (ANSI/ANSW C105/A21.5).Includes evaluation of resistivity,pH,Redox potential,sulfides and $ 130 moisture) Atterberg Limits(ASTM`D 4318) $ "#0 Nonplastic $ 65 Compaction(ASTM D 698/D 1557,AASHTO T 99/T 180 Methods A,B and C) 1 point $ " 100 3 point _... __. $ 200 Shrinkage Factors ofSoilsby Wax Method(ASTM D`4943) $ _ 60 Strength and Consolidation Tests Triaxlal Compression Unconfined Comp Strength UC8(ASTM D 2166) $, 10o _ Unconsolidated Undrained-UU(ASTM D 2850) $ 210 Unconsolidated Undtalned(back pressure saturation) $ 400 Consolidated Undrainetl-CU(ASTM D 4767)with pore pressure measurement $ 550 Consolidated Drained-CD(Army Corps of Engineers EM 2110-2-1906Appendix X) $ 550 Consolidated Undrainetl or Consolidated Drained(3 points,staged) $ 1400 Consolidation(ASTM D2435) With 2 timed load increments $ 500 I i Additional timed lead increments,each $ 50 One-Dintenslonal$well(ASTM D 4546) Methods Aand.B $ 350 Method C._. . x , - $... 600 j OBR,J.point with Proctor(ASTM D 1883) $ 350 Additional points each $ 90 5che(lule_Lab_hiside_Chaiges Redmond-2014 GMENGINEERS i i Redmond Inside Laboratory_Schedule of Chargcs 2014 Page 2 of 2 { I i Type of Test Unit Price Permeability Tests Constant or falling head in rigid wail permeameter(ASTM D 2434,(D 5856) $ 250 In triaxlal cell with back pressure saturation(ASTM D 5084) $ 650 Soil Sample Preparation Extrusion-Extrude and log(visual classification)Sholbytube sample $ 60 Remolding-Remolding a soil sample to desired moisture and density $ 40 $100 Soil $ Hourly: . +Cement/Lime Treatment ..negotiated Aggregate and Rock Tests -.Unconfined Compression Test(ASTM D 7012) Onetestonly . _ I $ 65 More than one test $ 55 Percent of Fracture(WSDOT 103) $ 55 Sand Equivalent(AASHTO T 176) $ 70 Spocif o Gravtty,Fme/Coarse Aggregate(ASTM C 127,C 128) _ $ 70/100 Concrete,Mortar and Grout Tests '.. Concrete Cy[(strip,log,Icure,break;.report) _ $ 30 Cast and cured,not broken $ 25 Cast by others(strip,log,cure,break,report) $ 30 Mortar Cyl(strip log,cure,break,report) $ 30 Grout Cy((strip log,cure,break,report) $ 30 Grout Cubes(strip,log,cure,break,report) $ 25 '.. *Please contact us regarding test procedures which are not listed or for tests on contaminated soils. Negotiated unit rates or hourly '.. rates will be charged for these procedures. *-NotWABO-certified. I i ENGINEERS GEO I � Considiinr/�ngrneec, June 11, 2014 Mr. Lyle Stone, GE GeoEngineers 1101 Fawcett Ave., Ste 200 Tacoma, WA 98402 Subject: City of Kent Soldier Pile Wall Structural Engineering Scope and Fee Proposal Dear Lyle: KPFF is pleased to provide this proposal to GeoEngineers for Structural Engineering services for design of a soldier pile wall at SE 240" St. and 146'h Pl. SE in Kent, WA. GeoEngineers will serve as prime consultant to the City of Kent (City) and will provide Geotechnical Engineering services. KPFF will provide Civil Structural Engineering Services as a sub consultant to Ge- oEngineers. We understand that survey drawings will be provided by the City for use in design, however we have provided a scope and budget for survey to be provided by KPFF as an optional task to the City. BACKGROUND & PROJECT UNDERSTANDING Our understanding of the project is based on information provided by GeoEngineers and from our site visit on June 6, 2014. GeoEngineers has been working with the City to monitor the stability of SE 240'h St. west of the intersection with 146'h PI. SE. Over a period of several months, Geo Engineers has observed that the north edge of SE 240'h St. is sloughing. This has resulted in damage to the asphalt pavement and reduction of useable roadway shoulder. If left unattended, the pavement would likely continue to deteriorate ultimately impacting the drive lane. We understand that the City's preferred option for remediation is to install a soldier pile wall at the North side of SE 240'h St to retain and protect the roadway and soil beneath. The wall is anticipated to be a cantilevered wall approximately 350 foot long with a retained height of 15 feet. KPFF proposes the following SCOPE OF WORK to prepare Construction Documents for the soldier pile wall to protect SE 240'h St. SCOPE OF WORK Based on our understanding of the project we propose the following Scope of Work: 1. Structural Engineering: Scope includes the following tasks: a. Review of Geotechnical Engineering for the soldier pile wall: Geo Engi- neers will provide a lateral earth pressures and geotechnical design recommendations, based on geotechnical explorations, for our use in design of the soldier pile wall. KPFF will review the information and coordinate the wall design with GeoEngineers. 1231 Pacific Avenue, Suite 800, Tarorna, WA 98402 (253)395-0)50 Fax(253)396-0162 Seattle Tacoma Lacey Portland San Francisco Sacramento Los Angeles Long Beach Irvine San Diego Phoenix St.Louis i Mr. Lyle Stone June 11, 2014 Page 2 b. Preparation of Construction PS&E Documents: Task includes preparation of Structural Engineering Plans, Technical Specifications, and Engineer's estimate of probable construction cost (PS&E) for the bid and construction of the soldier pile wall. KPFF will deliver Construction Documents and Calculations stamped and signed by a registered Washington State Structural Engineer. 2. Civil Engineering: Scope includes the following tasks: a. Preparation of Construction PS&E Documents: Preparation of Civil Engi- neering Plans, Technical Specifications, and Engineers estimate of probable construction cost. The Civil documents will include a site plan, wall alignment, and temporary erosion and sediment control plan (TESC). b. Review of the Existing Storm Water Conveyance: Currently, storm water runs off the pavement, which may be contributing to the pavement damage. Once the new wall is in place, the storm water pathway may be altered. A brief study of the current and potential pathway will be made so as to determine what, if any, work should be done in construction to mitigate potential future problems. This study includes review of any record drawings that the City provides with re- gard to storm water systems in the vicinity of the project and review of the survey. The initial level of effort assumed for this task is minimal. If a brief study reveals that a more detailed analysis, and/or design, is warranted, KPFF will notify GeoEngineers and the City before proceeding. 3. Survey: Scope includes the following tasks as on optional task: a. Perform Topographic Survey: This task will include the following items: I. Perform GPS control survey to establish vertical datum and horizontal coordinate system on City of Kent control network. ii. Perform control survey of approximately 650 linear feet of SE 2401" St. to extend from the top of the slope to the southwest to the Soos Creek Trail at the bottom of the slope to the northeast. III. Locate trees adjacent to the northeast side of the road. iv. Obtain services of a private utility locator to locate underground utilities contained within the project area. v. Prepare AutoCAD basemap with section lines, right of way lines, and topographic survey with 1-foot intervals. SCHEDULE It is our understanding that the City would like to proceed with construction of a wall as soon as possible so as to have the wall in place prior to the start of the winter storm season. KPFF will coordinate with GeoEngineers on the design schedule to begin design as soon as possible af- ter the geotechnical explorations are complete. From the date that a usable survey, Notice to Proceed is provided by the City and Geotechnical design recommendations are provided by GeoEngineers, we anticipate to deliver 30% Submittal Documents within 3 weeks. ASSUMPTIONS We have made the following assumptions in writing this proposal: I' Mr. Lyle Stone June 11, 2014 Page 3 1. The Structural and Civil Engineering Scope includes (1) kick-off meeting at the City of Kent. 2. KPFF will provide a 30% Submittal with Wall Layout and General Site Plan and a 90% Review set of documents for the City to review and comment prior to issuing Final Documents for bid and construction. 3. Technical specifications will be provided as Special Provisions to the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction, as amended by the City of Kent. 4. All necessary topographic survey information will be provided by the City. Survey in- formation will be provided in AutoCAD drawing format. The area necessary for survey will be coordinated between the City, GeoEngineers, and KPFF, and will include ap- proximately 550 feet of roadway from the top of the slope to the South of SE 240t' St, to the bike path near the bottom of the slope to the North. 5. GeoEngineers will provide geotechnical design information and permitting services. I 6. Separate exhibits will not be necessary for permitting. The Construction Drawings may be used for permitting. 7. Structural design will comply with 2013 WSDOT Design Manual and AASHTO _RFD Bridge Design Specifications as amended by the City of Kent. 8. The anticipated construction work is below the threshold for triggering storm water con- veyance or storm water quality improvements. Therefore this proposal does not include preparation of a Stormwater Site Plan or Stormwater Pollution Prevention Plan. 9. Discharge locations will not be changed. 10. We understand that a soldier pile wall is the current preferred option. If during design, another alternative is identified as the preferred option, we will notify GeoEngineers and the City prior to proceeding. 11. The project manual will be assembled by others. 12. Survey will not be a boundary survey, property corners will not be set and no record survey will be recorded. All boundary and righ-of-way lines will be based on found monumentation and best available record information. 13. KPFF will be allowed unrestricted access to the site. 14. No title report or title analysis will be required. 15. Utility locations will be based on on-site locates and best available record information and should be considered approximate only. Potholing utilities is not part of this scope. i 16. The survey will contain information required for the purpose of preparation of construc- tion documents for the soldier pile wall only. Signed survey sheets will not be provided. Mr. Lyle Stone June 11, 2014 Page 4 ADDITIONAL SERVICES Additional Services include all services that are not part of this Scope of Work as described above. This includes those services that arise as a result of unforeseen circumstances during the design or construction of the project and will require an additional fee or adjustment to the schedule. Additional services will be billed on an hourly basis or for a stipulated sum. Typical items considered Additional Services include: 1. Services resulting from changes in scope or magnitude of the Project as described in the Project Understanding and Scope of Work. 2. Redesign to reduce construction cost where the reason for the excessive cost is outside the control of KPFF. 3. Redesign requested to accommodate particular construction materials, methods, or se- quences proposed by Value Engineers, Bidders, or the General Contractor as alternatives to those indicated on the Contract Documents. 4. Redesign requested to accommodate changes to Federal, State, and Local regulations that could not have been reasonably anticipated during design. 5. Services required to accommodate site conditions discovered during design or con- struction that could not reasonably have been anticipated at the time this proposal was written. 6. Temporary shoring for site excavation. 7. Services related to a public hearing, arbitration, or legal proceedings in connection with the approval of the project. 8. Services resulting from corrections or revisions required because of deviations from the Contract Documents during construction. 9. Preparation of exhibits and/or narratives intended for permit applications that is not oth- erwise listed above. 10. Special Inspection and Testing services. 11. Services necessitated by fire or other damage to construction. 12. Preparation of a Storm Water Report. 13. Bid and construction support services may be provided under a separate contract. 14. The road alignment and grading will not be altered. 15. Preparation of a Technical Information Report (drainage report). I FEE We propose to perform the above Structural and Civil Engineering Scope of Work for an esti- mated maximum fee of$31,650 broken down as follows. Task 1 —Structural Engineering $19,980 Task 2— Civil Engineering $11J.670 Total for Task 1 and 2 $31,660 i Mr. Lyle Stone June 11,2014 Page 5 At the option of the City, we propose to perform survey services for an estimated fee of $10,380, resulting in a total estimated maximum fee of$42,030. Reimbursable expenses for miscellaneous items such as plans reproduction, travel, and deliv- ery services are separate from our fees and will be billed at cost, without mark-up. We anticipate that the total for reimbursable expenses will not exceed $880. KPFF will notify GeoEngineers prior to proceeding with expenses above the amounts shown below. Utility Locate Service $680 Miscellaneous Expenses $ZQQ Total for Reimbursable Expenses $880 Lyle, we look forward to working with you on this project. Thank you and please call me at (253) 396-0150, if you have any questions or need additional information. Sincerely, Ian D. Frank, P.E. Scott E. Kuebler, P.E., S.E. Project Engineer Associate IDFsek Enclosures 114108.1 I �I I EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. EXHIBIT B (Continued) F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. This page intentionally left blank. 40. • KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: July 1, 2014 SUBJECT: SE 240th Street Slide Repair Project Pre-Approval — Authorize MOTION: Authorize the Mayor to sign all necessary documents to enter into a construction contract for the SE 240th Street Slide Repair Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director up to a maximum amount of $700,000. SUMMARY: A section of the northerly portion of SE 240th Street between 144th Avenue SE and 146th Place has begun to suffer slope failure, resulting in damage to the road. This failure is a result of the wet winter weather and the steep side slopes. These cracks are threatening the integrity of the roadway and it is imperative that this roadway be repaired before this coming fall/winter. In order to proceed to construction in a timely manner, the Public Works Department is requesting that the Council authorize the Mayor to sign all necessary documents to enter into a contract with the lowest responsible bidder once bids are opened. Depending on the schedule of the Committee and Council meetings, staff expects that we will be able to inform either the Public Works or the Operations Committee of the bid results prior to the actual bid award. EXHIBITS: GeoEngineers, Inc. Consultant Services Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher — Ralph - Higgins NAY: BUDGET IMPACTS: Funding to be determined. This page intentionally left blank. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Lyle Stone (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide services to design a repair for a slope instability located on SE 240th Street between 144th Avenue SE and 146th Place SE. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Six Thousand Dollars ($66,000.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. For claims arising or alleged to arise from Consultant's professional services only, Consultant's duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, and agents in the performance of the contract work and shall utilize all protection necessary for that purpose and shall cause any subcontractors hired by Consultant to be responsible for the safety of its employees and agents. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lyle Stone Timothy J. LaPorte, P.E. GeoEngineers, Inc. City of Kent 1101 S. Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GeoEngineers-29 "SlopeNnmin CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A GEOENGINEERS 1101 South Fawcett Avenue,Suite 200 Tacoma,Washington 98402 253,383.4940 II June 11, 2014 City of Kent 220 Fourth Avenue South Kent, Washington 98032-5895 Attention: Mark Howlett Proposed Scope and Budget File No. 0410.188-01 INTRODUCTION AND PROJECT UNDERSTANDING The purpose of our services is to design a repair for a slope instability located on the north shoulder of SE 2401h Street between 144th Avenue SE and 146th Place SE in Kent, Washington. Our initial evaluation of the area and preliminary options for repairs were provided in a memorandum dated April 1,2014 and a letter dated April 25, 2014. Our letter discussed options to realign the road, construct a structural earth wall (SEW), or construct a soldier pile wall. We understand that you wish to proceed with design of the soldier pile wall, because it is less likely to require acquiring additional right-of-way or relocating existing utilities. It appears that the unstable area, where the soldier pile wall will be constructed, is about 180 feet long. Our study will include about 350 feet of road from the crest of the hill east of 144th Avenue SE down to 146V Place SE. The soldier pile wall will be located on the down slope shoulder of SE 240th Street. The wall will be designed to support all of the observed sloughing soil, but lagging will only be placed in the upper 3 to 5 feet of the wall. If or when the slough extends further down the slope, additional lagging will need to be placed. We will design the wall to extend beyond the current unstable area including provisions for adding soldier piles if adjacent areas become unstable in the future. ASSUMPTIONS AND DESIGN CRITERIA City of Kent will provide all necessary topographic/civil site survey in AutoCAD drawing format. The area necessary forsurvey will include approximately 550 feet of roadway. The survey must also include the slope area on either side of the road. The slope survey should extend from the top of the slope south of SE 240th Street to the bottom of the slope north or SE 240th. We include an optional line item for survey in our budget and can provide these services if required. Structural design will be based on 2012 American Association of State Highway and Transportation Officials (AASHTO). 0 We will not be reviewing or modifying the roadway alignment for highway geometric standards, project plans will only address repairing the sloughed area. Repaving will be limited to repairing damaged areas from the City of Scent`June ll.20Z4 Page 2 slough or from construction. We anticipate this will include isolated patches, a chip seal (moisture seal)over the entire area, and restriping as needed. W City of Kent will manage the construction bidding and construction contracting. GeoEngineers will provide engineering support during bid and construction under a separate contract. SCOPE OF SERVICES GeoEngineers and their sub-consultant KPFF Consulting Engineers (KPFF) will provide geotechnical, structural, and civil engineering design services for repair of the slope north of SE 240th Street. Our proposed geotechnical scope of services is below; KPFF's proposed scope of services is attached. Our deliverable will be a set of construction plans, technical specifications (based on Washington State Department of Transportation [WSDOT] and Kent Special Provisions), and an engineer's estimate of probable construction cost. Gootechmeai Scone of services 1. Advance up to four subsurface explorations along the north shoulder of the road in the proposed wall area. The explorations will extend up to 40 feet into dense glacial soil. We have budgeted for a total of 240 feet of drilling. We will mark our explorations and contact Washington State One-Call priorto starting drilling. A lane closure with traffic control will be required to complete our explorations. We have assumed thatthe City will provide required street use permits. 2. Provide geotechnical engineering recommendations for use by KPFF to design the retaining wall. Our recommendations will be provided directly to KPFF in the form of design memoranda. We anticipate our design recommendations will include: Lateral earth pressures (active and passive). Minimum wall embedment depths required for global stability. I I Wall drainage requirements. AASHTO Seismic Design Parameters. 3. Review 30 and 90 percent plans and specifications prepared by KPFF. 4. Prepare a Geotechnical Basis of Design report presenting a summary of our subsurface investigation and construction recommendations for inclusion with project specifications and bid documents. 5. Prepare a SEPA checklist for the project. We understand that the City of Kent is the local permitting agency. We will prepare SEPA forms and submit them with the plans and specifications for review by the City. 6. Incorporate City comments, as appropriate, and review final plans and specifications prepared by KPFF. SCHEDULE We understand that this is a time critical repair. We will make every effort to accelerate this schedule where possible. We anticipate that explorations can be completed within two weeks of receiving a signed agreement (depending drilling subcontractor availability). Structural and civil design can begin once the explorations are completed and survey information is received. We anticipate that review documents (30 percent plans)will be delivered to the City two to three weeks after completing explorations and receiving survey information. We anticipate that review I GiErRS H r, oeu:nn . City ofKent l June JJ.2014 Pege3 I I documents(90 percent plans)will bed elivered to the City four to six weeks after completing explorations and receiving survey information. Plans and specifications can be finalized within one week of receiving minor comments. TERMS AND BUDGET We understand the professional services listed above be provided in accordance with the terms and conditions most recently negotiated between the City of Kent and GeoEngineers. The fee for the services described above will be determined on a time-and-expense basis usingthe rates indicated on the attached Schedule of Charges. We estimate that our fee for the services outlined above will be generally as shown in the following table. SERVICES ESTIMATED FEE Field Engneering,.Reconnaissance,and Coordination(GeoEngineers) $6,900I- Traffic Control(AGS) $2,500 Subsurface Explorations(Holocene Drilling) '$10,000 Laboratory Testing(Geo Engineers), $900 i Geotechnical Engineering and Engineering Review(GeoEngineers) $7 300 SEPA Checklist(GeoEngineers) $2,000. $12,7Q0 Site Survey(KPFF)(Optional) (Not Included in Total) Structural Engineering(KPFF) $23,000 Civil Engineering(KPFF) $13,400 Total $66,000 We will endeavor to keep you apprised of project status and conditions that may significantly affect our scope and estimate. We will contact you if it appears we will exceed this estimate. Attachments: Schedule of Charges-Redmond/Tacoma 2014 KPFF Proposal GEOENGINEERS r Pfla ft.0410-1 M f]3 i Schedule of Charges - 2014 COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount is so indicated in the proposal or services agreement.Current rates are: Professional Staff Staff I Scientist/Analyst $ 99/hour Staff 1 Engineer $ 104/hour Staff 2 Scientist/Analyst $ 114/hour Staff 2 Engineer $ 120/hour Staff 3.Scientist/Analyst $ 130/hour '.. Staff 3 Engineer $ 135/hour Scientist/Analyst 1 $ 151/hour Engineer 1 $ 156/hour Scientist/Analyst 2 $ 156/hour Engineer $ 161/hour Senior Engineer/Scientist/Analyst 1 $ 171/hour Senior Engineer/Scientist/Analyst 2 $ 187/hour Associate $' 202/hour Principal -- $ 223/hour - Senior Principal $ 249/hour Technical Support Staff Administrator 1 $ '68/hour 4 Administrator 2 $ 78/hour Administrator 3 88/hour CAD Technician $ 83/hour I CAD Designer - $ 94/hour CAD Design Coordinator $ 99/hour Technician $ 78/hour Senior Technician $ 88/hour '.. Lead Technician $ 49/hour Software Development Staff Database ArohiteaVAnalyst $ 166/hour Senior Database Architect/Analyst $ 187/hour Business Analyst $ 166/hour Senior Business Analyst $ 187/hour Software:Architect/Developer $ 187/hour; Senior Software Architect Developer $ 207/hour IT Project Manager $ 207/hour Senior IT Project Manager $ 233/hour Contracted professional and technical services will be charged at the applicable hourly rates listed above.Staff time spent in depositions, trial preparation and court or hearing testimony will be billed at one and one-half times the above rates. Time spent in either local or inter-city travel, when travel is in the interest of this contract, will be charged in accordance with the foregoing schedule. Rates for data storage and web-based access will be provided on a project-specific basis. I Schedule_Redmond-Tacorna-Portland-2014 GEoENGINEER$ •/�1y�7 i Redmond-Tacoma-Portland Schedule of Charges 2014 Page 2 of 2 Equipment Alr Quallty EgUlpment,perday $ 15000 Air Sparging Field Test,per day $ 500,00 Asbestos Sample Kit,per day, $ 25.00 '.. elastmate,per day $ 10000 22foot Sampling and Dive Boat(plus fuel),per day $ 750.00 Camcorder,per day $ 50.00 Concrete/Masonry Field Gear,per day Crack Gauges,per gauge $ 26.00 A&M Sampler,per day(I day min.) _ $ Data Logger 8-channel,per day $ 300.00 Electrical Tape,per day $ 25-00 Environmental Exploration Equipment,per day $ 150.00 Flow Meter,per day $ 40.00 Gas Detection and Oxygen Meters,per day(1 day min.) $ 100.00 Generator,per day(I day;min.) $ °100.00 Geotechmcal Exploration Equipment,per day' $ 12500 GPS Unit-,Professional Grade,per day;i _ $ 100.00 _. Groundwater Development and Sampling Pump,per day(I day min.) $ 100.00 Groundwater Monitoring Equipment per day $ 220,00 Hydrolab Multi Probe per day $ 100.00 Interface Probe,per day [ $ 50.00 Nuclear Density Gauge,per hour(4 hour daily min.) $ 10.00 Operations and Maintenance Equipment,per day $ ', 250.00 Peristaltic Pump,per day $ 50.00 pH Meter(per day) _ 1 $ 15.00 PI D,FID or OVA,per day $ Sam piing Van/Trailer per day $ 60.00 Saximeter,per day $ 25.00 Scuba Diving per day/per diver $ " 250,00 Single Channel Data Logger w/Transducer,per day $ 100.00 Slope Indicator per day(1 day min) $ 200.00 Soil Samples(in Rings),per sample $ 500 Soil Samples(in Sleeves).per sample $ 8.00 Spectra Photo Meter,per day $ 45.00 Stereoscope,per day I $' MOO Strain Gauge Readout,per day $ 40.00 I Tedlar Bags&Air Sampling Equipment,per sample $ 15100 Turbidity Testing Equipment,per day $ 30.00 Underwater Camera Still,per day $ 5000 Underwater Camera Video per day $ 15000 S Vapor Extraction Field Test,per day $ , 500.00 Vehicle usage,per mile,or$50/day,whichever is greater s 0.65 Vehicle 4-wheel drive truck,per day $ 80.00 Water Quality Equipment,per day $ 125.00 Specialized and miscellaneous field equipment, at current rates, list available upon request. OTHER SERVICES, SUPPLIES AND SPECIAL"FAXES Charges forservices,equipment,supplies and facilities notfurnished in accordance with the above schedule, and any unusual items of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling equipment, construction equipment,watercraft, aircraft, and special insurance which may be required.Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. Per diem may be charged in lieu of subsistence and lodging. Routinely used field supplies stocked in-house by GeoEngineers,at current rates, list available upon request. In-house testing for geotechnical soil characteristics at current rates, list available upon request. Associated Project Costs(AP`sC) Computer hardware and software, telephone and fax communications, printing and photocopying and routine postage via USPS will be charged at a flat rate of 6 percent of labor charges. These charges are labeled as Associated Project Costs(APC). All rates are subjectto change upon notification. GEOENGINEERS Laboratory Schedule of Charges - 2014 Type of Test Unit Price lil Sall Index and Classification Tests Soil Description(ASTM'0 2488) $ 15 Moisture Content Oven(ASTM D 2216) $ 18 Moisture/Density Rings:', $ 30 Shelby Tubes,waxed chunk $ 40 Tubes(liners),chunk $ 40 Particle Size Analysis Percent Passing No.200(D 1140) $ 55 Sieve(ASTM 0 422,D 6913,C 136 includes minus 200)Afash,..Pry Sieve) $ 90 I Hydrometer Only(ASTM D 422,minus#10 fraction) $ 130 Combined Sieve and..Hydrometer(ASTM D 422-63) $ 200 Organic Content(ASTM D 2974) $ 65 Specific Gravity(ASTM D 854) __ $ 60 Soil Resistivity(ASTM G 187) $ 40 pH of Soil(A8TM D 4972/G51) $ 40 Soluble Sulfates(US EPA 375.4) $ 40 Sulfides:: $ 40 Ductile Iron Pipe Research Association 10 Point Soil Evaluation Procedure (ANSI/ANSW C105/A21.5).Includes evaluation of resistivity,pH,Redox potential,sulfides and $ 130 moisture) Atterberg Limits(ASTM`D 4318) $ "#0 Nonplastic $ 65 Compaction(ASTM D 698/D 1557,AASHTO T 99/T 180 Methods A,B and C) 1 point $ " 100 3 point _... __. $ 200 Shrinkage Factors ofSoilsby Wax Method(ASTM D`4943) $ _ 60 Strength and Consolidation Tests Triaxlal Compression Unconfined Comp Strength UC8(ASTM D 2166) $, 10o _ Unconsolidated Undrained-UU(ASTM D 2850) $ 210 Unconsolidated Undtalned(back pressure saturation) $ 400 Consolidated Undrainetl-CU(ASTM D 4767)with pore pressure measurement $ 550 Consolidated Drained-CD(Army Corps of Engineers EM 2110-2-1906Appendix X) $ 550 Consolidated Undrainetl or Consolidated Drained(3 points,staged) $ 1400 Consolidation(ASTM D2435) With 2 timed load increments $ 500 I i Additional timed lead increments,each $ 50 One-Dintenslonal$well(ASTM D 4546) Methods Aand.B $ 350 Method C._. . x , - $... 600 j OBR,J.point with Proctor(ASTM D 1883) $ 350 Additional points each $ 90 5che(lule_Lab_hiside_Chaiges Redmond-2014 GMENGINEERS i i Redmond Inside Laboratory_Schedule of Chargcs 2014 Page 2 of 2 { I i Type of Test Unit Price Permeability Tests Constant or falling head in rigid wail permeameter(ASTM D 2434,(D 5856) $ 250 In triaxlal cell with back pressure saturation(ASTM D 5084) $ 650 Soil Sample Preparation Extrusion-Extrude and log(visual classification)Sholbytube sample $ 60 Remolding-Remolding a soil sample to desired moisture and density $ 40 $100 Soil $ Hourly: . +Cement/Lime Treatment ..negotiated Aggregate and Rock Tests -.Unconfined Compression Test(ASTM D 7012) Onetestonly . _ I $ 65 More than one test $ 55 Percent of Fracture(WSDOT 103) $ 55 Sand Equivalent(AASHTO T 176) $ 70 Spocif o Gravtty,Fme/Coarse Aggregate(ASTM C 127,C 128) _ $ 70/100 Concrete,Mortar and Grout Tests '.. Concrete Cy[(strip,log,Icure,break;.report) _ $ 30 Cast and cured,not broken $ 25 Cast by others(strip,log,cure,break,report) $ 30 Mortar Cyl(strip log,cure,break,report) $ 30 Grout Cy((strip log,cure,break,report) $ 30 Grout Cubes(strip,log,cure,break,report) $ 25 '.. *Please contact us regarding test procedures which are not listed or for tests on contaminated soils. Negotiated unit rates or hourly '.. rates will be charged for these procedures. *-NotWABO-certified. I i ENGINEERS GEO I � Considiinr/�ngrneec, June 11, 2014 Mr. Lyle Stone, GE GeoEngineers 1101 Fawcett Ave., Ste 200 Tacoma, WA 98402 Subject: City of Kent Soldier Pile Wall Structural Engineering Scope and Fee Proposal Dear Lyle: KPFF is pleased to provide this proposal to GeoEngineers for Structural Engineering services for design of a soldier pile wall at SE 240" St. and 146'h Pl. SE in Kent, WA. GeoEngineers will serve as prime consultant to the City of Kent (City) and will provide Geotechnical Engineering services. KPFF will provide Civil Structural Engineering Services as a sub consultant to Ge- oEngineers. We understand that survey drawings will be provided by the City for use in design, however we have provided a scope and budget for survey to be provided by KPFF as an optional task to the City. BACKGROUND & PROJECT UNDERSTANDING Our understanding of the project is based on information provided by GeoEngineers and from our site visit on June 6, 2014. GeoEngineers has been working with the City to monitor the stability of SE 240'h St. west of the intersection with 146'h PI. SE. Over a period of several months, Geo Engineers has observed that the north edge of SE 240'h St. is sloughing. This has resulted in damage to the asphalt pavement and reduction of useable roadway shoulder. If left unattended, the pavement would likely continue to deteriorate ultimately impacting the drive lane. We understand that the City's preferred option for remediation is to install a soldier pile wall at the North side of SE 240'h St to retain and protect the roadway and soil beneath. The wall is anticipated to be a cantilevered wall approximately 350 foot long with a retained height of 15 feet. KPFF proposes the following SCOPE OF WORK to prepare Construction Documents for the soldier pile wall to protect SE 240'h St. SCOPE OF WORK Based on our understanding of the project we propose the following Scope of Work: 1. Structural Engineering: Scope includes the following tasks: a. Review of Geotechnical Engineering for the soldier pile wall: Geo Engi- neers will provide a lateral earth pressures and geotechnical design recommendations, based on geotechnical explorations, for our use in design of the soldier pile wall. KPFF will review the information and coordinate the wall design with GeoEngineers. 1231 Pacific Avenue, Suite 800, Tarorna, WA 98402 (253)395-0)50 Fax(253)396-0162 Seattle Tacoma Lacey Portland San Francisco Sacramento Los Angeles Long Beach Irvine San Diego Phoenix St.Louis i Mr. Lyle Stone June 11, 2014 Page 2 b. Preparation of Construction PS&E Documents: Task includes preparation of Structural Engineering Plans, Technical Specifications, and Engineer's estimate of probable construction cost (PS&E) for the bid and construction of the soldier pile wall. KPFF will deliver Construction Documents and Calculations stamped and signed by a registered Washington State Structural Engineer. 2. Civil Engineering: Scope includes the following tasks: a. Preparation of Construction PS&E Documents: Preparation of Civil Engi- neering Plans, Technical Specifications, and Engineers estimate of probable construction cost. The Civil documents will include a site plan, wall alignment, and temporary erosion and sediment control plan (TESC). b. Review of the Existing Storm Water Conveyance: Currently, storm water runs off the pavement, which may be contributing to the pavement damage. Once the new wall is in place, the storm water pathway may be altered. A brief study of the current and potential pathway will be made so as to determine what, if any, work should be done in construction to mitigate potential future problems. This study includes review of any record drawings that the City provides with re- gard to storm water systems in the vicinity of the project and review of the survey. The initial level of effort assumed for this task is minimal. If a brief study reveals that a more detailed analysis, and/or design, is warranted, KPFF will notify GeoEngineers and the City before proceeding. 3. Survey: Scope includes the following tasks as on optional task: a. Perform Topographic Survey: This task will include the following items: I. Perform GPS control survey to establish vertical datum and horizontal coordinate system on City of Kent control network. ii. Perform control survey of approximately 650 linear feet of SE 2401" St. to extend from the top of the slope to the southwest to the Soos Creek Trail at the bottom of the slope to the northeast. III. Locate trees adjacent to the northeast side of the road. iv. Obtain services of a private utility locator to locate underground utilities contained within the project area. v. Prepare AutoCAD basemap with section lines, right of way lines, and topographic survey with 1-foot intervals. SCHEDULE It is our understanding that the City would like to proceed with construction of a wall as soon as possible so as to have the wall in place prior to the start of the winter storm season. KPFF will coordinate with GeoEngineers on the design schedule to begin design as soon as possible af- ter the geotechnical explorations are complete. From the date that a usable survey, Notice to Proceed is provided by the City and Geotechnical design recommendations are provided by GeoEngineers, we anticipate to deliver 30% Submittal Documents within 3 weeks. ASSUMPTIONS We have made the following assumptions in writing this proposal: I' Mr. Lyle Stone June 11, 2014 Page 3 1. The Structural and Civil Engineering Scope includes (1) kick-off meeting at the City of Kent. 2. KPFF will provide a 30% Submittal with Wall Layout and General Site Plan and a 90% Review set of documents for the City to review and comment prior to issuing Final Documents for bid and construction. 3. Technical specifications will be provided as Special Provisions to the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction, as amended by the City of Kent. 4. All necessary topographic survey information will be provided by the City. Survey in- formation will be provided in AutoCAD drawing format. The area necessary for survey will be coordinated between the City, GeoEngineers, and KPFF, and will include ap- proximately 550 feet of roadway from the top of the slope to the South of SE 240t' St, to the bike path near the bottom of the slope to the North. 5. GeoEngineers will provide geotechnical design information and permitting services. I 6. Separate exhibits will not be necessary for permitting. The Construction Drawings may be used for permitting. 7. Structural design will comply with 2013 WSDOT Design Manual and AASHTO _RFD Bridge Design Specifications as amended by the City of Kent. 8. The anticipated construction work is below the threshold for triggering storm water con- veyance or storm water quality improvements. Therefore this proposal does not include preparation of a Stormwater Site Plan or Stormwater Pollution Prevention Plan. 9. Discharge locations will not be changed. 10. We understand that a soldier pile wall is the current preferred option. If during design, another alternative is identified as the preferred option, we will notify GeoEngineers and the City prior to proceeding. 11. The project manual will be assembled by others. 12. Survey will not be a boundary survey, property corners will not be set and no record survey will be recorded. All boundary and righ-of-way lines will be based on found monumentation and best available record information. 13. KPFF will be allowed unrestricted access to the site. 14. No title report or title analysis will be required. 15. Utility locations will be based on on-site locates and best available record information and should be considered approximate only. Potholing utilities is not part of this scope. i 16. The survey will contain information required for the purpose of preparation of construc- tion documents for the soldier pile wall only. Signed survey sheets will not be provided. Mr. Lyle Stone June 11, 2014 Page 4 ADDITIONAL SERVICES Additional Services include all services that are not part of this Scope of Work as described above. This includes those services that arise as a result of unforeseen circumstances during the design or construction of the project and will require an additional fee or adjustment to the schedule. Additional services will be billed on an hourly basis or for a stipulated sum. Typical items considered Additional Services include: 1. Services resulting from changes in scope or magnitude of the Project as described in the Project Understanding and Scope of Work. 2. Redesign to reduce construction cost where the reason for the excessive cost is outside the control of KPFF. 3. Redesign requested to accommodate particular construction materials, methods, or se- quences proposed by Value Engineers, Bidders, or the General Contractor as alternatives to those indicated on the Contract Documents. 4. Redesign requested to accommodate changes to Federal, State, and Local regulations that could not have been reasonably anticipated during design. 5. Services required to accommodate site conditions discovered during design or con- struction that could not reasonably have been anticipated at the time this proposal was written. 6. Temporary shoring for site excavation. 7. Services related to a public hearing, arbitration, or legal proceedings in connection with the approval of the project. 8. Services resulting from corrections or revisions required because of deviations from the Contract Documents during construction. 9. Preparation of exhibits and/or narratives intended for permit applications that is not oth- erwise listed above. 10. Special Inspection and Testing services. 11. Services necessitated by fire or other damage to construction. 12. Preparation of a Storm Water Report. 13. Bid and construction support services may be provided under a separate contract. 14. The road alignment and grading will not be altered. 15. Preparation of a Technical Information Report (drainage report). I FEE We propose to perform the above Structural and Civil Engineering Scope of Work for an esti- mated maximum fee of$31,650 broken down as follows. Task 1 —Structural Engineering $19,980 Task 2— Civil Engineering $11J.670 Total for Task 1 and 2 $31,660 i Mr. Lyle Stone June 11,2014 Page 5 At the option of the City, we propose to perform survey services for an estimated fee of $10,380, resulting in a total estimated maximum fee of$42,030. Reimbursable expenses for miscellaneous items such as plans reproduction, travel, and deliv- ery services are separate from our fees and will be billed at cost, without mark-up. We anticipate that the total for reimbursable expenses will not exceed $880. KPFF will notify GeoEngineers prior to proceeding with expenses above the amounts shown below. Utility Locate Service $680 Miscellaneous Expenses $ZQQ Total for Reimbursable Expenses $880 Lyle, we look forward to working with you on this project. Thank you and please call me at (253) 396-0150, if you have any questions or need additional information. Sincerely, Ian D. Frank, P.E. Scott E. Kuebler, P.E., S.E. Project Engineer Associate IDFsek Enclosures 114108.1 I �I I EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. EXHIBIT B (Continued) F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. This page intentionally left blank. KENT ° Agenda Item: Consent Calendar — 7E TO: City Council DATE: July 1, 2014 SUBJECT: Solid Waste Franchise Agreement - Authorize MOTION: Authorize the Mayor to begin the process to implement a solid waste franchise fee for the purposes of maintaining the city street network. SUMMARY: The City maintains 320 centerline miles of streets, over half of which are residential. The Solid Waste Utility operates on these city streets across the entire City. On residential streets the weekly garbage pickup and every other week recycling or yard waste pickup are the heaviest vehicles these streets will carry. According to the American Association of State Highway and Transportation Officials, one fully loaded garbage truck produces the wear and tear of 1,500 cars. This figure takes into account the lighter compressed natural gas solid waste collection trucks required to be used under the current contract. Staff has analyzed potential benefits of the solid waste franchise fee option and produced a table showing potential changes to rates if the franchise fee was included as a percent of the waste hauler's gross income. Because of the complexity of various levels of service for residential, commercial and multi-family customers, a comparison was made using a standard 32-gallon cart for residential garbage collection service (including 96-gallon recycling cart and 96-gallon yard and food waste cart) compared to surrounding jurisdictions. The City currently contracts with Republic Services for the entire City under a contract that runs through March 31, 2018. EXHIBITS: None RECOMMENDED BY: Public Works Committee YEA: Fincher - Ralph - Higgins NAY: BUDGET IMPACTS: To be determined. This page intentionally left blank. KENT ° Agenda Item: Consent Calendar - 7F TO: City Council DATE: July 1, 2014 SUBJECT: Professional Services Agreement with Jason Engineering & Consulting Business, Inc. for 64th Avenue South Channel Improvements Union Pacific Railroad Spur Culvert Replacement - Authorize MOTION: Authorize the Mayor to sign a Public Works Agreement with Jason Engineering & Consulting Business, Inc. for materials testing and inspection services of the 64th Avenue South Channel Improvements, Union Pacific Railroad Spur Culvert Replacement project in an amount not to exceed $65,420, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The project includes removing three 60 inch diameter, 130 foot long culverts and replacing them with two, precast concrete box culverts. Underground rock columns will be installed as a foundation to support the culverts and the railroad spur. As part of this capital improvement project, it is industry standard and a matter of quality assurance to have experts in materials testing verify the quality of the construction materials. Jason Engineering & Consulting Business, Inc. possesses this expertise and was selected through a competitive process. EXHIBITS: Public Works Agreement with Jason Engineering & Consulting Business, Inc. RECOMMENDED BY: Public Works Committee YEA: Fincher - Ralph - Higgins NAY: BUDGET IMPACTS: This contract is funded out of the Storm Drainage Utility. This page intentionally left blank. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Jason Engineering & Consulting Business, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jason Engineering & Consulting Business, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 181, Auburn, WA 98071, Phone: (206) 786-8645/Fax: (253) 833-7316, Contact: Jason Bell (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide inspection and testing services for the 64th Ave. S. Channel Improvements Union Pacific Railroad Spur Culvert Replacement Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Five Thousand, Four Hundred Twenty Dollars ($65,420.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jason Bell Timothy J. LaPorte, P.E. Jason Engineering & Consulting Business, Inc. City of Kent PO Box 181 220 Fourth Avenue South Auburn, WA 98071 Kent, WA 98032 (206) 786-8645 (telephone) (253) 856-5500 (telephone) (253) 833-7316 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ]ECB-64"Channel Improvemen6/Kuehne CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Jason Geotechnical Engineering Date: 04-21-2014 'EEngineering& Retaining Wall Pavement Design _Pr _ 640,Ave Channel, Consulting Construction Management Kent#10-3030 Business,Inc. WABO/AASHTO Inspection&Testing File#: p14-024 Scope of Services, Exhibit Provide special inspection including density tests to confirm compaction and testing specification requirements for soils and asphalt,and concrete inspection and sampling. s� Provide construction manager/inspection and monitor site activities for pay estimate preparation and quantity tracking. s� Sample imported material to evaluate and confirm specification requirements according to current applicable standards. Provide miscellaneous professional services related to this project as directed. s� Provide to the owner within two hours of discovery, notification of failing test results related to materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's Representative. Provide time sheets with each invoice that verify consultant employee(s), day, date and times worked, hourly rate, total per day, tests performed and test fees, and any other pertinent information required to verify invoiced charges. ,,P- Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A Licensed P.E.reviews all reports. Reports are sent to all parties on the project distribution list. The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for all work performed. There is a minimum charge of 2 hours for normal inspection and professional engineering services. (Weekends are minimum 4 hours) An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal 8 hour working day,weekends,nights and legal holidays, Equipment & materials will include equipment used by an inspector the field in the performance of normal inspection duties. We request a minimum of 24 hours notice for scheduling. No mileage is charged within Auburn and Kent City limits Phone: (206)-786-8645 Emad:JasonClasonengincering.com PO Box 181 Auburn WA. 98071 Jason Geotechnical Engineering Date: 04-21-2014 Engineering& Retaining Wall/Pavement Design Project:64«h Ave Channel, Consulting Construction Management Kent#10-3030 Business,Inc. WABO/AASIITO Inspection &Testing File#: p14-024 Job Descriptions Asphalt / Concrete Inspector Continuously or periodically monitor and inspect elements for conformance to approved plans and construction documents. Sample materials for specification conformance and maximum density analysis. Check compaction and optimum moisture content using a nuclear densometer. Additional compliance testing may include; sand equivalent, organic content, atterburg limits, hydrometer. Concrete / Masonry Inspector Continuously or periodically monitor and inspect elements for conformance to approved plans and construction documents. Monitor/inspect reinforcement for size, type, grade, location, embedment, cleanliness, and clearance. Sample material for verification of air content, slump, and compressive strength per ASTM and IBC codes. Specimens will be cast, transported and cured per ASTM. Construction Manager/Inspection Review reports by field inspectors and laboratory analysis prior to distribution to the project team members. Manage phases of project delivery including initiating, planning, executing, monitoring, controlling and closing. Coordinate with property owners, utility contractors and city personnel. . Track quantities, machinery, manhours etc. used for verification of pay estimate preparation and contractor invoices. Review plans for constructability, i Admin Process reports from field inspectors. Process reports from lab test data (i.e. soils, asphalt and concrete). File, organize and distribute reports to the client, architect, engineer, building official and those directed by the client for the distribution list. Answer phones and direct clients to appropriate JECB personnel. Professional Engineer Provide engineering analysis, design, recommendations, documentation, drawings and specifications for structural items requiring a stamp by a licensed engineer. Phone: (206)-786-8645 Entail:Jason@jasonengineering.com PO Box 181 Auburn WA. 98071 Jason Geotechnical Engineering Date: 04-21-2014 Engineering& Retaining Wall/Pavement Design Project:64th Ave Channel, \ Consulting Construction Management Kent#10-3030 Business,Inc. WABO/AASIITO Inspection &Testing Fife#: p14-024 Schedule of Fees & Services, Exhibit B PROFESSIONAL SERVICES Qty. Unit Rate Total Est. Inspection TESC Supervisor 40 $50,00 per hour $2,000.00 Asphalt/Soils w/Densometer 400 S50.00 per hour $20,000.00 Reinforced Concrete/Masonry 50 $50.00 per hour $2,500.00 Administrative Services 40 $40.00 per hour $1,600.00 Construction Mgr 500 $60.00 per hour $30,000.00 Staff Engineer/Geologist $75.00 per hour $0.00 Senior Geotechnical Engineer,PE 50 $95.00 per hour $4,750.00 LABORATORY SERVICES Unit Rate ASPHALT,HMA i Asphalt, Ignition&Gradation(AASHTO T27,ASTM D2172) 2 $150.00 each $300.00 Asphalt,Rice Specific Gravity (ASTM D2041, AASHTO T245 2 $85.00 each $170,00 CONCRETE Concrete, Cylinders Compression(ASTM C39) $18.00 each $0.00 SOILS/AGGREGATE Soil, Atterberg Limits $160.00 each $0.00 Soil, California Bearing Ratio (CBR) 1 $550,00 each $550.00 Soil,Fracture Count(ASTM D5821) 5 $75.00 each $375.00 Soil, Hydrometer 5 $160.00 each $800.00 Soil, Moisture Content $30.00 each $0.00 Soil, Organic Content $55.00 each $0.00 Soil, Proctor/Moisture-Density Relation (ASTM D1557, 1)698 5 $150,00 each $750.00 Soil, Sand Equivalent Test(ASTM D2419) 5 $75,00 each $375.00 Soil, Sieve Analysis of Fine and Coarse Aggregates (T27-06) 10 $125,00 each $1,250.00 OTHER $0.00 Overfime, 1.5 times hourly rate 15 x hourly rate per hour Equipment&Materials Costs Cost+ 15% Estimated Project Total: $65,420.00 Phone: (206)-786-8645 Email:JasonCgisonengineerh-tg.com PO Box 181 Auburn WA. 98071 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. This page intentionally left blank. lszKENT Agenda Item: Consent Calendar- 7G TO: City Council DATE: July 1, 2014 SUBJECT: 2015-2020 Six-Year Transportation Improvement Program (TIP) — Set Hearing Date MOTION: Move to recommend Council set July 15, 2014 as the Public Hearing date to consider the DRAFT 2015-2020 Six-Year Transportation Improvement Program. SUMMARY: The DRAFT 2015-2020 Six-Year TIP represents the City's proposed transportation improvement work program for the next six years. It includes planning studies, street, bicycle, pedestrian, traffic signal, and transit improvements as well as street maintenance and preservation projects. Including these projects in the Six-Year TIP allows the City to look for funding partners and apply for grants. All of the State and Federal agencies now require that projects submitted for a grant application must be included in a City's adopted Six-Year TIP. Public Works staff will be briefing members on changes that have been made to the TIP since the Committee's initial briefing on Monday, May 19, 2014. Staff is also seeking feedback regarding the list of projects included in the plan. EXHIBITS: DRAFT 2015-2020 Six-Year Transportation Improvement Program RECOMMENDED BY: Public Works Committee YEA: Ralph — Fincher - Higgins NAY: BUDGET IMPACTS: Each project or program within the TIP has a different budget impact as noted in the narrative. This page intentionally left blank. CITY OF KENT WASHINGTON SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2015 — 2020 a lµ§ jy U I✓. w � , �, or Mayor Suzette Cooke KENT Timothy J. LaPorte, PE, Director of Public Works 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Table of Contents: 1. Resolution adopting the 2015 — 2020 Six Year TIP (Placeholder) 2. Introduction 3. Listing of the Projects 4. Project Descriptions 5. Map of the Projects 6. Contact Information On the cover: Daniel Elementary near SE 248th St and 116th Ave SE 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Introduction Overview The 2015-2020 Six-Year Transportation Improvement Program (TIP) is a short- range planning document that is updated annually based on needs and policies identified in the City's adopted Comprehensive Plan and 2008 Transportation Master Plan. It represents Kent's current list of needed projects that may begin work in the next six years. The document identifies secured or reasonably expected revenue sources for each of the projects. The Six-Year TIP serves as a draft work plan for the development of the local transportation network. Once adopted, the TIP helps to guide funding and implementation priorities during the development of the transportation portion of the Six -Year Capital Investment Program (CIP). The CIP can be considered a subset of the TIP. The CIP shows the City-funded portion of projects and is constrained by current budget forecasts, whereas the TIP shows the complete project list with the variety of funding sources and partners involved. Mandated by State Law State law requires that each city develop a local TIP, that it be updated annually (RCW 35.77.010), and that it be submitted to the State Department of Transportation not more than thirty days after its adoption but before July 1st. It represents an important planning component under the state's Growth Management Act. For cities to compete for transportation funding grants from Federal and State sources, granting agencies,require that projects be included in the TIP. The Six- Year Transportation Improvement Program may be revised at any time during the year by a majority of the Council, after a Public Hearing. How is the 2015-2020 SIX-YEAR TIP different from the previous year? PROJECTS ADDED PROJ GT TYPE COMMENTS. #7 Safe Routes to Schools Safety Project Added Improvements at Neely O'Brien Elementary #8 Safe Routes to Schools Safety Project Added Improvements at Daniel Elementary #16 SE 2481h St Improvements Enhancement Project Added PROJECTS REMOVED None 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM OTHER, PROJECT PROJECT TYPE COMMENTS #37 Street Preservation Program Ongoing Citywide Program Increased #38 Residential Traffic Calming Ongoing Citywide Program Increased #41 Comprehensive Plan Update Ongoing Citywide Program Increased #42 Channelization Improvements Ongoing Citywide Program Increased #43 Bicycle System Improvements Ongoing Citywide Program Increased #45 Guardrail and Safety Ongoing Citywide Program Increased Improvements #46 Community Based Shuttles Ongoing Citywide Program Decreased 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location and Extent 1. Southeast 256th Street Widening, Phase II SR 516 (Kent Kangley Road) to 116th Avenue Southeast 2. Kent Kangley Road Pedestrian Safety Improvements 104th Avenue SE to 124th Avenue SE 3. South 228th Street/Union Pacific Railroad Grade Separation Grade separation crossing at Union Pacific Railroad 4. 72"" Avenue South Extension South 200th Street to South 196th Street S. Traffic Control Signal System , Citywide 6. Safe Routes to Schools Improvements at Meridian Elementary 25621 140th Avenue SE 7. Safe Routes to Schools Improvements at Neely O'Brien Elementary 6300 N 236th Street S. Safe Routes.to Schools Improvements at Daniel Elementary 11310 8E 240 Street,. 9. Kent Regional Trails Connector Green River.,Trail'to Interurban Trail at S 218th St 10. SE 208th Street & 108th Avenue SE (SR 515/Benson Highway) Intersection Improvements Intersection Operations Enhancement 11. South 224th Street Extension 84th Avenue South to 104th Avenue Southeast (SR 515/Benson Highway) 12. Central Avenue South Improvements Green River Bridge to East Willis Street (SR 516) 13. Willis Street and Central Avenue Intersection Improvements Intersection Operations Enhancement 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location and Extent 14. Willis Street (SR 516)/Burlington Northern Santa Fe Railroad Grade Separation Grade separation crossing at Burlington Northern Santa Fe Railway 15. South 212th Street/Burlington Northern Santa Fe Railroad Grade Separation Grade separation crossing at Burlington Northern Santa Fe Railway 16. SE 248th Street Improvements 109th Avenue SE to 132nd Avenue SE 17. James Street Bicycle Lanes Interurban Trail to Washington Avenue (SR 181) and 800 feet east of the Green River Trail 18. Military Road South at Reith Road Intersection Operations Enhancement 19. Willis Street (SR515)/Union Pacific Railroad Grade Separation Grade separation crossing at Union Pacific Railroad 20. South 212th Street/Union Pacific Railroad Grade Separation Grade separation crossing at Union Pacific Railroad 21. Safe Routes to Schools Improvements at Meadow Ridge Elementary School 27710 1081h Ave SE 22. Safe Routes to Schools Improvements at Horizon Elementary School 27641 144th Avenue SE 23. Panther Lake Signal System Integration 24. 108th Avenue Southeast Extension Southeast Kent Kangley Road (SR 516) to Southeast 256th Street 25. Smith Street and Central Avenue Intersection Improvement Intersection Operations Enhancement 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location and Extent 26. S 212th Street and 72"d Avenue South Intersection Improvement Intersection Operations Enhancement 27. SE 240th Street and 104th Avenue SE (SR 515/13enson Highway) Intersection Improvement Intersection Operations Enhancement 28. Military Road South Widening South 272nd Street to Kent-Des Moines .Road (SR 516) 29. 132"d Avenue Southeast Widening — Phase I Kent Kangley Road (SR 516) to Southeast 248th Street 30. 132"d Avenue Southeast Widening— Phase II Southeast 248th Street to Southeast 240th Street 31. Kent Kangley Road (SR 516), and 132"d Avenue SE Intersection Improvement Intersection Operations Enhancement 32. South 260th Street and Pacific Highway South (SR 99) Intersection Improvement Intersection Operations Enhancement 33. SE 256Th Street and 104th Avenue SE (SR 515/13enson Highway) Intersection Improvement Intersection Operations Enhancement 34. South 212th Street and 84th Avenue South Intersection Improvement Intersection Operations Enhancement 35. Meeker Street and Washington Avenue (SR 181) Intersection Improvement Intersection Operations Enhancement 36. South 272"d Street and Military Road Intersection Improvement Intersection Operations Enhancement 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location and Extent ONGOING CITYWIDE PROGRAMS 37. Street Preservation Program Ongoing Citywide Program 38. Residential Traffic Calming Program Ongoing Citywide Program 39. Traffic Signal Management Program Ongoing Citywide Program 40. Miscellaneous Intersection Improvements ' Ongoing Citywide Program 41. Comprehensive Plan Update Ongoing Citywide Program 42. Channelization (Street Markings) Improvement Program Ongoing Citywide Program 43. Bicycle System Improvements Ongoing Citywide Program 44. Sidewalks, Sidewalk Repair and the Americans with Disabilities Act Compliance Program Ongoing 'Citywide Program 45. Guardrail and Safety Improvements Ongoing Citywide Program 46. Community Based Circulating Shuttles Ongoing Citywide Program 47. Railroad Quiet Zone for Downtown Urban Center Ongoing Citywide Program 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #1: Southeast 256th Street Widening, Phase II SR 516 (Kent Kangley Road) to 116th Avenue Southeast YEAR: 2015 DESCRIPTION: Construct a three lane roadway from SR 516 (Kent Kangley Road) to 116th Avenue SE. This project includes bike lanes on both sides of the roadway. The project will include construction of full-width paving; concrete curbs, gutters, and sidewalks; street lighting; storm drainage; landscaping; utilities; and appurtenances. This project is under construction, retaining wall work is underway. Surface water has been excavated and conduit placement is complete:' Overall the project is 50% complete. Additional work is planned in this corridor within the 6 Year planning horizon, see projects #21 and #30. PROJECT COST: Preliminary Engineering .... $1,100,000 Right of Way Acquisition . .... $350,000 Construction $5,500,000 TOTAL..t ....... .........$7,000,000 FUNDING SOURCE(S): City of Kent, Local Improvement District, TIB PROJECT JUSTIFICATION: Southeast 256th Street is a two-lane roadway with no curbs, gutters or sidewalks and a limited street light system. Despite the 'lack of suitable pedestrian facilities and extremely harsh weather in January 2012, over 650 pedestrians per day walked along this segment of roadway. During peak hours, the roadway cannot accommodate the traffic volumes due to the large number of vehicles blocking the roadway while waiting to turn left into driveways. The widening of Southeast 256th Street also alleviates traffic on SR 516 (Kent Kangley Road) as the two roads serve east/west travel demand. The project will increase the capacity of this roadway by adding a center two- way left turn lane. This project provides a multi-modal connection between improvements west and east of this segment. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #2: Kent Kangley Pedestrian Safety Improvements 1041h Avenue SE to 124th Avenue SE YEAR: 2015 DESCRIPTION: Add a new mid-block pedestrian crossing of Kent Kangley Road with median refuge island and Rectangular Rapid Flashing Beacons. Restripe crosswalks and stop bars, upgrade pedestrian crossings to countdown message modules and Americans with Disability Accessible (ADA) standard pedestrian push buttons. There are a total of 8`intersections that will be improved by this project and proper signage will be updated along the entire project length. The project is currently under design. Construction is expected to begin, in 2015. PROJECT COST: Preliminary Engineering........$74,000 Right of Way Acquisition . ............ $0 Construction ....... ....... $342,000 TOTAL............................$416,000 FUNDING SOURCE(S): Washington State Department of Transportation PROJECT JUSTIFICATION: Kent Kangley, Road (SR 516) is one of the most densely populated corridors in the City. The section from 104th Ave SE to 124th Ave SE is a congested, mixed land use, Principal Arterial that is a designated truck route currently operating at a Level of Service (LOS) E during the PM Peak. The majority of housing along this portion of SR 516 is high density multifamily housing that generates a substantial amount of pedestrian traffic. This section of Kent Kangley is a high boarding area for transit and is also a popular destination for senior citizens due to the high concentration of shopping facilities, banks, medical offices and senior housing. The project area includes two of the highest collision incident locations in the City (104th Avenue SE at 256th Street and 116th Avenue SE at Kent Kangley Road). The majority of collisions reported in the project area from 2006-2008 occurred during the daylight hours with pedestrians over the age of 18. This project will improve safety through the construction of these engineering improvements combined with education and enforcement. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #3: South 228th Street/Union Pacific Railroad Grade Separation Grade Separation crossing at Union Pacific Railroad YEAR: 2015 DESCRIPTION: Construct grade separation of the Union Pacific Railroad mainline tracks at South 228th Street. The project will include the construction of a bridge; four-lane vehicle crossing; full- width paving; concrete curbs, gutters and sidewalks; bicycle facilities; street lighting; utilities and appurtenances. Construction is underway, utilities are being relocated. This project has also been added to, the, Washington State Freight Plan. PROJECT COST: Preliminary Engineering .... $1500,000 Right of Way Acquisition. . $2,500,1000 Construction ..... .$21,000,000 TOTAL.........................$25,000,000 FUNDING SOURCE(S): City of Kent, Port of Seattle, FAST, FMSIB, LID, Union Pacific Railroad PROJECT JUSTIFICATION: The project will lead to a seamless connection between major freight, handlers and their primary destinations. This project will support freight moving through Kent to the Ports of Seattle and Tacoma, SeaTac Airport and the freeway system. Grade separating this arterial will increase roadway capacity, decrease congestion, enhance safety and improve freight mobility in this corridor and throughout the region. This project will provide regional connections for thousands of businesses, employers, and the 40 million square feet of warehouse/industrial space in the valley. Construction is underway. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #4: 72"d Avenue South Extension South 200th Street to South 196th Street YEAR: 2015 DESCRIPTION: This project completes a missing link by constructing a new three-lane roadway from South 200th Street to South 196th Street. The project will include the crossing of Mill Creek and construction of full-width paving; concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. This project is currently under design. PROJECT COST: Preliminary Engineering ....... $300,000 Right of Way Acquisition ........ $75,000 Construction .................. $2,j25,000 TOTAL..........................$2,700,000 FUNDING SOURCE(S): TIB, Regional Fire Authority, City of Kent PROJECT JUSTIFICATION: Continued development in the northern Kent industrial area, and high levels of congestion along West Valley Highway between the South 180th Street and South 196th Street corridors, mandate additional north-south arterial capacity. This, project provides some relief for South 180th Street, South 196th Street, and South 212th Street intersections along West Valley Highway. It also provides improved access to the South 196th Street corridor from industrial development along 72nd Avenue South by constructing the missing link between South 200th Street and South 196th Street. This roadway connection provides a direct link from the existing Fire Station on 72nd Avenue South to the 196th Street corridor, grade-separated over both the BNSF and UPRR mainline railroad tracks, dramatically improving emergency response times to a large area of the Kent Manufacturing/Industrial Center and warehouse land uses. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #5: Traffic Control Signal System Citywide YEAR: 2015 DESCRIPTION: The City will purchase and install a master signal controller unit capable of supporting flashing yellow left turn arrow (FYLTA) displays for permitted left turns. This project will also purchase and install traffic signal controllers for up to 29 individual intersections. Traffic signals will be modified at up to 14 intersections to display FYLTA signal indications for permissive left turn movements. PROJECT COST: Preliminary Engineering ... ........ ... $0 Right of Way Acquisition ................. $0 Construction ..... $400,000 TOTAL.............................$400,000 FUNDING SOURCE(S): Federal Highway Safety Improvement Program (HSIP) PROJECT JUSTIFICATION: The current central traffic signal control system is not compatible with flashing yellow left turn arrow displays for permissive left turn movements. This type of signal display has been demonstrated to be much more readily understood by motorists and has resulted in reduced collision rates involving vehicles turning left during permissive left turn signal phases. The upgrade to the legacy central control system and more advanced intersection traffic signal controllers will allow greater operation flexibility and improved transportation system efficiency. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #6: Safe Routes to Schools Improvements at Meridian Elementary 25621 1401h Avenue SE YEAR: 2015 DESCRIPTION: Install a traffic signal at the intersection of SE 256th Street and 140th Avenue SE and construct an asphalt pavement walkway with an extruded curb along SE 256th Street from approximately 134th Avenue SE to 140th Avenue SE. The traffic signal includes a traffic surveillance camera and interconnect cable to connect this signal to the rest of the City's traffic control system. This project also includes education and enforcement elements including the purchase of an additional Lidar Radar Unit for the police enforcement. PROJECT COST: Preliminary Engineering ..........$65,000 Education/Enforcement...........$83,000 Construction ..... ......... ... $300,000 TOTAL.. ........« ............$448,000 FUNDING SOURCE(S): WSDOT, City of,Kent PROJECT JUSTIFICATION: lMeridian Elementary School is located near the intersection of SE 256th Street and 140th Avenue SE. The school provides adult crossing guards to help students cross SE 256th Street. The level of development in the area has increased to the point that local traffic in the neighborhood and in the communities to the east of the school has become especially heavy at the afternoon bell times. A full traffic signal would assist the crossing guards, the school children, the parents and teachers arriving/leaving the school and all the local motorists to maneuver in an orderly way during times of heavy conflict. Currently students must walk or bike along a wide shoulder on SE 256th Street. This project would provide asphalt pavement adjacent to the signal to assist crossing guards, parents, students, and motorist. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #7: Safe Walking Routes to School Improvements at Neely O'Brien Elementary School 6300 N 236th Street YEAR: 2015 DESCRIPTION: Install a new traffic signal and pedestrian crosswalk at the intersection of 64th Avenue South and South 236th Street. Project includes the relocation of traffic enforcement cameras, the installation of a traffic camera" and an education and enforcement element. PROJECT COST: Preliminary Engineering .........$50,000 Education/Enforcement ....,::..$50,000 Construction .................... $250,000 TOTAL.............. ............$350,000 FUNDING SOURCE(S): WSDOT, City of Kent PROJECT JUSTIFICATION: Neely O'Brien, Elementary School is located near the intersection of 64th "Avenue South and South 236th Street. Students walking to and from school cross 64th Avenue South, a minor arterial: This signal project will provide an alternative walking route for those students that live to the east of 64th Avenue. Education of the students and traffic enforcement is also, a component of this project. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #8: Safe Walking Routes to School Improvements at Daniel Elementary School 11310 SE 248th Street YEAR: 2015 DESCRIPTION: Relocate existing crosswalk and overhead crosswalk sign to provide improved access for students walking to and from school. This project will also improve traffic flow through this segment of SE 248th. This project includes minor asphalt paving and education and enforcement elements. PROJECT COST: Preliminary Engineering .........$15,000 Education/Enforcement .........$25,000 Construction ..... ...............$60,000 TOTAL.............................$100,000 FUNDING SOURCE(S): WSDOT, City of Kent PROJECT JUSTIFICATION: Daniel Elementary School is located along SE 248th which is classified as a residential collector arterial. SE 248th Street is also a major walking route for students. The current location of the crosswalk, :causes an inefficient flow of traffic and of students walking to and from school. This project will improve that flow. Education of the students and traffic enforcement is also a component of this project. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #9: Kent Regional Trails Connector Green River Trail to Interurban Trail at South 218th Street YEAR: 2015 DESCRIPTION: Construct 4,400 foot multi-use trail connecting the Green River and Interurban Regional Trails at a point approximately mid-way between the South 212th Street and South 228th Street Corridors at about South 218th Street in the heart of the Kent Valley. This 12-foot wide multi-use trail for non-motorized users will include trail lighting, in some locations, to enhance visibility and encourage year-round usage. Rectangular Rapid Flashing Beacons and marked crosswalks will be installed where the new trail crosses midblock at 64th Avenue; South and 72nd Avenue South. A traffic signal for pedestrians, and bicyclists crossing mid-block will be installed on 68th Avenue South (West Valley HWY). A mechanism for performance monitoring (counting) will be installed at or near the, new traffic signal. The project will install a steel pedestrian/bicycle bridge over the Mill Creek between 72nd Avenue South and; the Interurban Trail. Federal funds have been obligated: This project is anticipated to be completed in 2015. PROJECT COST: Preliminary Engi.neering. ..... $125,000 Right of Way Acquisition ................ $0 Construction .................. $1,175,000 TOTAL..........................$1,300,000 FUNDING SOURCE(S): GMAQ, WSDOT, City of Kent PROJECT JUSTIFICATION: One of the highest priority projects in the City's Non-Motorized Plan and Transportation Master Plan, this new trail would fill a missing east/west link in the City's and the region's bicycle network. It would connect two of the most heavily used regional trails to each other and provide access for tens of thousands of people to a concentrated employment center. It would provide alternative mode access to The Kent Manufacturing/Industrial Center's 1,800 employers, to recreational activities along the Green River and the Green River Natural Resources Area and provide additional safety for all users crossing three major arterial streets in an area with a heavy mix of truck traffic. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #10: SE 208th Street and 108th Avenue SE (SR 515/113enson Highway) Intersection Improvement Intersection Operations Enhancements YEAR: 2015 DESCRIPTION: Add a second southbound left storage lane on 108th Avenue SE, widen the receiving lane on SE 208th St, and modify the signal phasing. PROJECT COST: Preliminary Engineering ......... $60,000 Right of Way Acquisition .......,$75,000 Construction ..................... $575,000 TOTAL.............................$710,000 FUNDING SOURCE(S): HSIP, City of Kent PROJECT JUSTIFICATION: State Route 515, also known as The Benson Highway or 108th Avenue SE,, is the primary north south route on the East Hill and serves as a major transit route. With four to five lanes in its current configuration, this roadway has been widened to its practical limits. Improvements to intersections along the corridor can have positive effects on corridor congestion and improve; efficiency. This project would add queuing capacity for the southbound left turn movement while continuing to provide two lanes of through travel. Federal funds have been obligated. Project is anticipated to be completed in 2015. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #11: South 224th Street Extension 84th Avenue South to 104th Avenue Southeast (Benson Rd) (SR 515) YEAR: 2015 DESCRIPTION: Construct a three-lane road from 84th Avenue South to 104th Avenue Southeast (Benson Road) (SR 515), including new bridges over SR 167 and Garrison Creek. The project will include the construction of full-width paving; concrete curbs, gutters and sidewalks; street lighting; storm drainage; landscaping; utilities and appurtenances. PROJECT COST: Preliminary Engineering .... $3,000,000 Right of Way Acquisition ... $4000,000 Construction ..... ........ $22,000,000 TOTAL........................$29,000,000 FUNDING SOURCE(S): City of Kent;LID, TIB PROJECT JUSTIFICATION: The existing roadway system cannot accommodate the current or forecast east-west traffic volumes between Kent's East Hill and the Green River Valley floor. In order to meet transportation concurrency requirements of the Growth Management Act, additional east-west vehicle capacity is required. Intersections along South 208th/212th Street and James/Southeast 240th Streets are also at or over capacity. It is not feasible to widen the James/Southeast 240th Street and South 208th/212th Street 'corridors' enough to accommodate forecast traffic volumes without additional east-west capacity because of existing development and topographic constraints. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #12: Central Avenue South Improvements Green River Bridge to East Willis Street (SR 516) YEAR: 2016 DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add service life to the roadway, between the Green River Bridge and East Willis Street (SR 516). This project will include the removal and replacement of failing pavement sections and a full-width asphalt concrete overlay of the entire roadway. Also included in this project is the selective replacement of curbs, gutters, sidewalks and street trees, as well as minor storm drainage improvements. PROJECT COST: Preliminary Engineering..;..... $500,000 Right of Way Acquisition .................. $0 Construction .................. $4,000,000 TOTAL...,.. ..... ......... ..$4,500,000 FUNDING SOURCE(S): STP, City of Kent PROJECT JUSTIFICATION: The existing pavement along this section of Central Avenue South is exhibiting signs of distress, as demonstrated by 11alligatoring", longitudinal cracking, and cracking of the curbs and gutters. The service life of this roadway has been reached, necessitating reconstruction of the roadway. The sidewalk system is sub-standard in many locations and in need of replacement. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #13: Willis Street and Central Avenue Intersection Improvements Intersection Operations Enhancement YEAR: 2016 DESCRIPTION: Improve the intersection of Willis Street and Central Avenue to provide a right turn lane from southbound on Central Avenue to westbound Willis Street. Project includes sidewalk, curb and gutter replacement and improvements to traffic signal system. PROJECT COST: Preliminary Engineering ......... $4d,000 Right of Way Acquisition ...... $150,000 Construction ..... ........ .... $260,000 TOTAL.............................$450,000 FUNDING SOURCE(S): City of Kent, Developer Mitigation PROJECT JUSTIFICATION: This project is a traffic mitigation requirement for additional trips gnera'ted by the Kent Station Development. The City of Kent will be implementing this project that is required of the developer, 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #14: Willis Street (SR 516)/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossing at Burlington Northern Santa Fe Railway YEAR: 2016 DESCRIPTION: Construct grade separation at the Burlington Northern Santa Fe Railway mainline tracks at Willis Street (SR 516). The project will include the construction of a bridge; four-lane vehicle crossing; full width paving; concrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering .... $2,500,000 Right of Way Acquisition .,.,$3,000,000 Construction ..... .........$21;500,000 TOTAL.............. .........$27,000,000 FUNDING SOURCE(S): City of Kent, Burlington Northern Santa Fe Railway, FAST, FMSIB, Port of Seattle, TIB PROJECT JUSTIFICATION: This project supports east/west freight and commuter mobility in the Green River Valley. More than 26,000 vehicles per day travel on Willis Street, including over 800 freight-bearing trucks. The level of freight and passenger rail traffic on the BNSF Railway mainline is also increasing to approximately 45 trains 'a day plus the possibility of another 18 coal trains. Grade separation provides more efficient movements of goods and provides a solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow. Reduction in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is expected. This projection will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #15: South 212th Street/Burlington Northern Santa Fe Railroad Grade Separation Grade Separation Crossing at Burlington Northern Santa Fe Railway YEAR: 2016 DESCRIPTION: Construct grade separation at the Burlington Northern Santa Fe Railway mainline tracks at South 212th Street. The project will include the construction of a bridge; six-lane vehicle crossing; full width paving; concrete curbs, gutters, and sidewalks; a bicycle facility; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering .... $61000,000 Right of Way Acquisition .,. $4,000,000 Construction ..... .........$17,000,000 TOTAL.............. .........$27,OQ0,000 FUNDING SOURCE(S): City of Kent, FMSIB, FAST, TIB, Burlington Northern Santa Fe Railway PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility in the Green River Valley. Approximately 29,000 vehicles per day travel on South 212th Street, including nearly 3,500 freight-bearing trucks. The level of freight and passenger rail traffic can the BNSF Railway mainline is also increasing to approximately 45 trains per day plus the likelihood of another 18 coal trains. Grade separation provides more efficient movement of goods and provides a solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow. Reduction in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers and commuters. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #16: SE 2481h Street Improvements 1091h Avenue SE to 132nd Avenue SE YEAR: 2017 DESCRIPTION: Construct a 3-lane roadway from 109th Avenue Southeast to 132nd Avenue Southeast. The project includes three new roundabouts along SE 248th St; at the intersection of 116th Ave SE, 120th Ave SE and 124th Ave SE. Included in the project will be new curbs, gutters, sidewalks, street lighting, planter strips, power undergrounding and storm drainage improvements. PROJECT COST: Preliminary Engineering... $1,500,000 Right of Way Acquisition.. $1,000,000 Construction .... .........$10,000,000 TOTAL............. .........$121500,000 FUNDING SOURCE(S): City of Kent, Development Mitigation Funds PROJECT JUSTIFICATION: SE 248th Street is classified as a residential collector arterial and it serves as a major east-west corridor serving Kent's East Hill.; Additional roadway capacity is required to accommodate existing and anticipated development. This project will provide additional east-west capacity to supplement Southeast 240th Street to the north and Southeast 256th Street to the south. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #17: James Street Bicycle Lanes Interurban Trail to Washington Avenue (SR 181) and 800 feet east of the Green River Trail YEAR: 2017 DESCRIPTION: Install bike lanes along James Street from the Interurban Trail to Washington Avenue South (SR 181). This project will also eliminate the gap of approximately 800 feet at the west end of James Street where James Street intersects with the Green River Trail. PROJECT COST: Preliminary Engineering ....... $150,000 Right of Way Acquisition ., .......I.•• $0 Construction .................. $1,225,000 TOTAL..........................$1,375,000 FUNDING SOURCE(S): STP, City of Kent PROJECT JUSTIFICATION: The proposed ,bicycle lanes would complete a missing bicycle link between the Green River Trail and the Kent Regional Growth.Center. This project would provide the first dedicated bicycle lanes to, penetrate what had here-to-for been a barrier to east/west bicycle travel, State Route 167. Bike lanes currently extend easterly from this point providing connections to the King County Regional Justice Center, Kent Station (an 18-acre shopping and entertainment complex), and the Kent Transit Center. Nearby land uses include historic downtown Kent, City Hall and the Kent City Center project scheduled to add 164 urban-style apartments to the downtown core which began construction in 2014. Filling in the missing links of this bicycle corridor is expected to encourage more people to utilize bicycling for more of their trips. The anticipated mode shift from single-occupant vehicle to bicycle will allow Kent to meet growth management goals while continuing to comply with its adopted level of service standards and federal clean air standards. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #18: Military Road South at Reith Road Intersection Operations Enhancement YEAR: 2017 DESCRIPTION: Widen all approaches of Military Road South at Reith Road intersection to provide exclusive left turn lanes for each approach, and exclusive right turn lanes for northbound and southbound traffic on Military Road South and westbound traffic on Reith Road. Replace the existing, traffic signal. The project will include the construction ,of full width paving, paved shoulders, street lighting, storm drainage, utilities and appurtenances. The intersection will accommodate the future bicycle lanes which are planned for both Military Road South and Reith Road. PROJECT COST: Preliminary Engineering ..,.... $1,80,000 Right of Way Acquisition ...... $200,000 Construction .................. $1,800,000 TOTAL...........................$2,180,000 FUNDING SOURCE(S): TIB, City of Kent, Development Mitigation Funds PROJECT JUSTIFICATION: The level of development on the Kent West Hill coupled with the growth in the Puget Sound area and the regularly occurring congestion along both Pacific Highway South and Interstate 5 results in significant congestion at this intersection in the morning and evening peak hours. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #19: Willis Street (SR516)/Union Pacific Railroad Grade Separation Grade Separation Crossing at Union Pacific Railroad (UPRR) YEAR: 2017 DESCRIPTION: Construct grade separation of the Union Pacific Railroad's mainline tracks at Willis Street (SR 516). The project will include the construction of a bridge; a four-lane roadway; full width paving; concrete curbs, gutters, and sidewalks; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering .... $2,00,d,000 Right of Way Acquisition .. ............ $0 Construction ..... ........`.$18,000,000 TOTAL........................$20,000,000 FUNDING SOURCE(S): City of Kent, FAST, FMSIB, Port of Seattle, TIB, Union Pacific Railroad PROJECT JUSTIFICATION: This project supports east-west freight and commuter mobility in the Green River Valley. More than 26,000 vehicles per day travel on Willis Street, including over 800 freight-bearing trucks. The level of freight traffic on the UP Railroad mainline is also increasing to approximately 20 trains a day. Grade separations provide a solution to the costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow. Reductions in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion are also expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #20: South 212th Street/Union Pacific Railroad Grade Separation Grade Separation Crossing at Union Pacific Railroad YEAR: 2017 DESCRIPTION: Construct grade separation of the Union Pacific Railroad's mainline tracks at South 212th Street. The project will include the construction of a bridge; a six-lane vehicle crossing; full-width paving; concrete curbs, gutters, and sidewalks; a bicycle facility; street lighting; utilities and appurtenances. PROJECT COST: Preliminary Engineering .... $61000,000 Right of Way Acquisition .,. $3,000,000 Construction ..... .........$18,000,000 TOTAL.............. .........$27,OQ0,000 FUNDING SOURCE(S): City of KOnt, FMSIB, FAST, TIB, Union Pacific Railroad PROJECT JUSTIFICATION: This project' supports east-west freight and commuter mobility in the Green River Valley. Approximately 29,000 vehicles per day travel on South 212th Street, including nearly 3,500 freight bearing trucks. The level of freight traffic on the UP Railroad mainline is also increasing to approximately 20 trains a day. Grade separations provide a solution to the,'costly problem of congestion. The railroad crossing will no longer impede freight and other traffic flow. Reduction in traffic congestion on adjoining streets and reduced environmental impacts caused by traffic congestion is also expected. This project will enhance Kent as an economic generator and provide regional connections for thousands of businesses, employers, and commuters. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #21: Safe Routes to Schools Improvements at Meadow Ridge Elementary School 27710 1081h Avenue SE YEAR: 2018 DESCRIPTION: Install a 6 foot concrete sidewalk with curb and gutter along the west side of 108th Avenue SE from SE 273rd Street to SE 272nd Street. Install a 6 foot concrete sidewalk with curb and gutter along the south side of SE 272nd Street from 108th Avenue SE to 105th Avenue SE. This project will install a new crosswalk crossing 108th Avenue SE with Rectangular Rapid Flashing Beacons and appropriate signage on the north side of the onramp to the westbound 277th Street Corridor. This project also includes education and enforcement elements including the purchase of an additional Lidar Radar Unit for police enforcement. PROJECT COST: Preliminary Engineering ..,.... $175,000 Education/Enforcement ......... $20,000 Construction ..................... $425,000 TOTAL.. .......... ............$620,000 FUNDING SOURCE(§): WSDOT, City of Kent PROJECT JUSTIFICATION: Few students currently walk or bicycle to Meadow Ridge Eleme'htary School. The Kent School District provides bus transportation for all students living west of 108th Avenue South and for students living north of the school. This project will make the pedestrian environment friendlier for all users and make it an inviting alternative for parents and students to choose. The City of Kent has a number of programs that encourage people of all ages to live a more active lifestyle and makes it a City priority to provide attractive walking and bicycling facilities. Once these additional sidewalk facilities are built and the new crosswalk across 108th Avenue SE with Rectangular Rapid Flashing Beacons is installed, it is anticipated that many more families will be encouraged to walk their children to Meadow Ridge rather than drive them to school. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #22: Safe Routes to Schools Improvements at Horizon Elementary 27641 1441h Avenue SE YEAR: 2018 DESCRIPTION: Install a paved pathway on the east side of 144th Avenue SE from SE 278th Street to SE 276th Place. Install a new midblock school crosswalk across 144th Avenue SE on the south side of the school driveway. Install Rectangular Rapid Flashing Beacons at the new crosswalk and install advance school crossing signs. This project also includes education and enforcement elements including the purchase of an .additional Lidar Radar Unit for police enforcement. PROJECT COST: Preliminary Engineering ......-.$90,000 Right of Way Acquisition .. .....—..,... $0 Construction ..... ......... ... $220,000 TOTAL.. ......... ...... .....$310,000 FUNDING SOURCE(S): WSDOT, City of Kent PROJECT JUSTIFICATION: The, purpose of the Safe Routes to Schools Program is to encourage more students to walk and bicycle to and from school rather than being driven by their parents. Through a combination of engineering enhancements to the built environment plus education efforts aimed at the students and their parents, it is hoped that families will increase the number of walking and biking trips they make to their local school. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #23: Panther Lake Signal System Integration. YEAR: 2018 DESCRIPTION: This project includes extension of communication cable to traffic signals in the recently annexed area of Panther Lake to allow remote monitoring and management of the traffic signals, replacement of the existing traffic signal controllers to be capable of displaying flashing yellow left turn arrow (FYLTA) for permissive left turn movements and allow flexible coordination of the traffic signals along arterial corridors. PROJECT COST: Preliminary Engineering ... ........... $0 Right of Way Acquisition ................ $0 Construction ..................... $342,000 TOTAL.............. ............$342,000 FUNDING SOURCE(S): Federal Highway safety Improvement Program (HSIP) PROJECT JUSTIFICATION: The traffic signals in the recently annexed area of Panther Lake are not connected to the City's central traffic signal control system; hence, they cannot be remotely monitored or managed from the City's Traffic Management Center. The intersection controllers are not capable of displaying flashing yellow left turn arrow (FYLTA) for permissive left turn movements. This type of signal display has been demonstrated to be much more readily understood by motorists and has resulted in reduced collision rates involving vehicles turning left during permissive left turn signal phases. The integration of these signals into the City's signal system will allow operation flexibility and improved transportation system efficiency 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #24: 1081h Avenue Southeast Extension SE Kent Kangley Road (SR 516) to SE 256th Street YEAR: 2020 DESCRIPTION: Construct a new three lane roadway from Southeast Kent Kangley Road (SR 516) to Southeast 256th Street including rebuilding the traffic signals at the intersection of Southeast Kent Kangley Road and 108th Avenue Southeast and installing one new traffic signal at the intersection of Southeast 256th Street and 109th Avenue Southeast. The project includes right turn lanes northbound on 109th at Southeast 256th Street and Southbound on 109th at Kent Kangley Road. The project will also include construction of full width paying; concrete curbs, gutters and sidewalks; Sharrows; street lighting; storm drainage; landscaping; utilities and appurtenances. As part of this project, the eastbound left-turn lane from Kent Kangley Road to Southeast 256th Street will be eliminated. PROJECT COST: Preliminary Engineering ....... $300,000 Right of Way Acquisition ... $2,100,000 Construction ........... $2,800,000 TOTALr.........................$5,200,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This project will relieve congestion at the Y intersection of 104th Avenue Southeast (Benson Highway) (SR 515)/Kent Kangley Road (SR 516)/Southeast 256th Street by improving the traffic flow along SR 516. It will eliminate the left turn pocket from SR 516 to Southeast 256th Street and redirect that traffic along SR 516 to 108th Avenue Southeast. There will be a new left turn pocket constructed for motorists wishing to travel north on 108th Avenue Southeast to Southeast 256th Street. By moving these left turning movements further to the east, away from the congested Y intersection, all directions of traffic will be able to flow more efficiently. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #25: Smith St and Central Avenue Intersection Improvement Intersection Operations Enhancement YEAR: 2020 DESCRIPTION: Revise southbound and northbound turn lane assignments. PROJECT COST: Preliminary Engineering ....... $100,040` Right of Way Acquisition ...... $400.,000 Construction ..................... $900,000 TOTAL.......................... 1,400,,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The southbound.,vehicle movement is heaviest in the afternoon peak period. The,predominant vehicle flow in the peak period is southbound' on Central Avenue and then left on Smith Street to proceed eastbound up the hill. This revision in lane configuration, queue capacity, and turning capacity reduces congestion.: This project could reduce the intersection delay in the afternoon peak period from 167 seconds per vehicle to 111 seconds:per vehicle. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #26: S 212th St and 72nd Avenue South Intersection Improvement Intersection Operations Enhancement YEAR: 2020 DESCRIPTION: Add an additional southbound left turn lane and restripe northbound lane configuration. PROJECT COST: Preliminary Engineering ......... $60,000' Right of Way Acquisition ...... $125,000 Construction ..................... $505,000 TOTAL.............. ............$690,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: Kent is an important freight distribution center in the Puget Sound Region:, The efficient movement of freight, through and within the City is critical to Kent's economic health. With the completion of the final road segment of 72nd Avenue South between South> 196th Street and South 200th Street, 72nd Avenue South becomes a key freight corridor and this intersection of two important freight corridors (72nd Ave S and S 212th Street) takes on a highly significant role in relieving the congestion often found on West Valley Highway at peak periods. This improvement reduces future southbound vehicle queuing and congestion and has the potential to improve intersection delay from 193 seconds per vehicle to 63 seconds per vehicle. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #27: SE 2401h Street and 104th Avenue SE (SR 515/113enson Highway) Intersection Improvement Intersection Operations Enhancement YEAR: 2020 DESCRIPTION: Add additional northbound and southbound left turn lanes. Add southbound right turn pocket. Modify signal phasing. PROJECT COST: Preliminary Engineering ....... $120,00,0 Right of Way Acquisition ...... $275,000 Construction .................. $1,205,000 TOTAL..........................$1600,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: 104th Avenue SE (SR 515, also known as The Benson Highway), is the primary north south route on the East Hill and serves as a major transit route. With four to five lanes in its current configuration, this roadway has been widened to its practical limits. Improvements to intersections along the corridor can have positive effects on corridor congestion and improve efficiency. This project would add queuing capacity for both the northbound and southbound left turn movements while continuing to provide two lanes of through travel. It could reduce the intersection delay in the afternoon peak period from an average 110 seconds per vehicle to about 56 seconds per vehicle. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #28: Military Road South Widening South 272nd Street to Kent-Des Moines Road (SR 516) YEAR: 2020 DESCRIPTION: This project will widen Military Road from South 272nd Street to Kent-Des Moines Road adding a center left-turn lane, bicycle lanes, curb, gutter and sidewalk. Also included is the construction of storm drainage improvement and illumination system improvements. (Note: The Reith Road intersection is a separate project and is not included, in this project.) PROJECT COST: Preliminary Engineering .... $2,000,000 Right of Way Acquisition-,$1,000,000 Construction ..... .........$15,500,000 TOTAL.............. .........$18,506,000 FUNDING SOURCE(S): City of Kent, Development Mitigation Funds, TIB PROJECT JUSTIFICATION: The level of development along this section of Military Road South has reached a point where a separate center two-way left turn lane is required. During peak traffic flow hours, the roadway cannot accommodate the traffic volumes due to the large number of vehicles blocking the roadway waiting to make left turns. Most sections of Military Road are lacking sidewalks and an adequate storm drainage system. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #29: 132"d Avenue Southeast Widening — Phase I Kent Kangley Road (SR 516) to Southeast 248th Street YEAR: 2020 DESCRIPTION: Widen 132nd Avenue Southeast to provide a five lane roadway, including four general purpose travel lanes, a center left-turn lane, and a facility for bicycle travel; modifying the existing traffic signal systems at the intersections of Kent Kangley Road and Southeast 256th Street. The 'project will include the construction of full-width paving; bicycle lanes; concrete curbs, gutters and sidewalks; street lighting; storm drainage; utilities; and appurtenances. PROJECT COST: Preliminary Engineering .... $3,8bo,000 Right of Way Acquisition ... $3,100,000 Construction ..... .........$18,200,000 TOTAL........................$25,100,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of 132nd Avenue has already reached the point whereby a consistent five land roadway section is needed to provide efficient left-turn access into adjoining properties and accommodate forecast traffic volumes. Existing traffic volumes that exceed 20,000 ADT (near the intersection of 132nd Avenue southeast and Kent Kangley Road) necessitate a five lane section. Sidewalks and bicycle facilities will provide multimodal access to adjacent land uses. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #30: 132"d Avenue Southeast Widening — Phase II Southeast 248th Street to Southeast 240th Street YEAR: 2020 DESCRIPTION: Widen 132nd Avenue Southeast to provide a five lane roadway, including four general purpose travel lanes, a center left-turn lane, and a bicycle facility; modifying, the existing traffic signal system at the intersection of Southeast 240th Street. The project will include the construction of full-width paving; bicycle lanes; concrete curbs, gutters,_and sidewalks; street lighting; storm drainage; utilities and appurtenances. PROJECT COST: Preliminary Engineering ....... $750,000 Right of Way Acquisltion .€. $1,500,000 Construction ...:...... $4,750,000 TOTAL..........................$7,000,000 FUNDING SOURCE($): City of Kent PROJECT JUSTIFICATION: The level of development along this section of 132nd Avenue has already reached the point whereby a consistent five lane roadway section is needed to provide efficient left-turn access to adjoining properties and accommodate forecast traffic volumes. Sidewalks and bicycle facilities will provide multimodal access to adjacent land uses. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #31: Kent Kangley Road (SR 516) and 132nd Avenue SE Intersection Improvement Intersection Operations Enhancement YEAR: 2019 DESCRIPTION: Add additional northbound and southbound left turn lanes. PROJECT COST: Preliminary Engineering ......... $85,000' Right of Way Acquisition ...... $175,000 Construction ..................... $940,000 TOTAL..........................$1,200,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: Kent Ka;ngley Road (SR 516) is a Principal Arterial with over 32,000 daily ye hitle trips. 132nd Avenue SE is a Minor Arterial with over 14000 daily vehicle trips. The demand on both roads is. anticipated to grow in the next decade as growth in households and jobs on Kent's East Hill continues to develop. Over the next 20 years the growth of traffic on 132nd Avenue is projected to grow at an average rate of 0.8% per year. This means the demand on the roadway would be 15% higher by 2034. The intersection of these two key roadways becomes a chokepoint for both local and regional commuters. This improvement reduces existing and future southbound congestion. It has the potential to reduce the intersection delay from 109 seconds per vehicle to 44 seconds per vehicle. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #32: South 260th Street and Pacific Highway South (SR 99) Intersection Improvement Intersection Operations Enhancement YEAR: 2020 DESCRIPTION: Add additional westbound left turn lane. Add eastbound right turn pocket. Modify signal phasing. PROJECT COST: Preliminary Engineering ....... $10,6,000 Right of Way Acquisition .......$250,000 Construction ...................... $900,000 TOTAL..........................$1250,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: S 260th Street provides one of the few direct connections between the Pacific Highway corridor and the downtown City :Core. South 260th is a multimodal corridor which accommodates vehicles, pedestrians, bicyclists and bus traffic. As the Midway area redevelops into a more commercial/residential mixed-use zone, the traffic connections to the Military Road neighborhood and connections to the valley retail and civic center need to be updated to highest efficiency. This intersection improvement reduces future westbound vehicle queuing and congestion of over 500 vehicles per hour and improves the intersection delay from 180 seconds per vehicle (3 minutes) to approximately 87 seconds per vehicle in the PM Peak Period. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #33: SE 2561h Street and 104th Avenue SE (SR 515/Benson Highway) Intersection Improvement Intersection Operations Enhancement YEAR: 2020 DESCRIPTION: Add northbound right turn lane. Modify signal phasing. PROJECT COST: Preliminary Engineering ......... $80,000 Right of Way Acquisition ...... $150,000. Construction ..................... $220,000 TOTAL.............................$450,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: At the confluence of two state highways (SR 516 and SR 515) this intersection experiences congestion during most times of the day, Approximately 33,000 daily vehicle trips are traveling east/west on SR 516 (Kent Kangley) where it meets SE 256th Street and 104th Avenue SE at what is commonly known as the Kent Kangley "Y". To help facilitate the northbound movement at this intersection, this project will provide a dedicated right turn lane for traffic flowing eastbound. This project also provides some signal improvements (upgrades) to allow changes to the signal timing and phasing at this intersection. The combined improvements are estimated to reduce delay on the northbound segment from 156 seconds per vehicle to 86 seconds per vehicle in the peak period. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #34: South 212th Street and 84th Avenue South Intersection Improvement Intersection Operations Enhancement YEAR: 2020 DESCRIPTION: Extend eastbound left turn lane and add additional northbound and southbound left turn lanes. Modify signal phasing. PROJECT COST: Preliminary Engineering ....... $1 0,000 Right of Way Acquisition ...... $420,000 Construction .................. $1,25 ,000 TOTAL..........................$1,800,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This intersection experiences congestion during most times of the day. Both roads are Principal Arterials and each carries over 25,000 vehicle trips per day. The demand on both of these roads is expected to grow in the next decade as growth in both freight movement and residential development in Kent's valley continues to develop. This project also provides some signal, improvements (upgrades) to allow changes to the signal timing and phasing of this intersection. The improvements would reduce congestion because of heavy demand for left turn movements. It is anticipated that these improvements could reduce the intersection delay to as little as 47 seconds per vehicle. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #35: Meeker Street and Washington Avenue Intersection Improvement Intersection Operations Enhancement YEAR: 2020 DESCRIPTION: Add eastbound and westbound right turn pockets. Extend left turn storage pockets. Modify signal phasing. PROJECT COST: Preliminary Engineering ......... $64,000 Right of Way Acquisition .......$350,000 Construction ............... $550,000 TOTAL.............................$060,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This is one of the busiest intersections in the City. Washington Avenue (SR 181) is a Principal Arterial and Meeker Street is a Minor Arterial. They each carry about 25,000 vehicle trips per day at this location. Much of the vehicle volume on Washington Avenue is truck trips headed for the regional highways and the Ports of 'Seattle and Tacoma. At the same time, internal automobile, bicycle, and pedestrian traffic between the west side of Kent and the Downtown City Center needs to maneuver through this busy intersection. These improvements will have the greatest effect on improving the efficiency of that east/west movement. It is anticipated that these improvements could reduce the intersection delay to as little as 57 seconds per vehicle. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #36: South 272"" Street and Military Road Intersection Improvement Intersection Operations Enhancement YEAR: 2020 DESCRIPTION: Add a southbound through lane at the intersection. Modify signal phasing. PROJECT COST: Preliminary Engineering ......... $20,000 Right of Way Acquisition .. ............ $0. Construction ..................... $240,000 TOTAL.............................$260,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The increased development on the Kent West Hill combined with the lack of alternative north/south arterials places significant local congestion on Military Road. On those occasions, when the State Highway System (I-5 and/or State Route 99, aka Pacific Highway South) becomes over congested with traffic Military Road becomes the alternative of choice for regignal diversion traffic. This project reduces existing and future 'southbound congestion. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #37: Street Preservation Program Ongoing Citywide Program YEAR: 2015 - 2020 DESCRIPTION: Projects that maintain the existing transportation system by overlaying, rehabilitating, and reconstructing the existing asphalt and concrete streets throughout the City. PROJECT COST: Preliminary Engineering .... $51000,000 Right of Way Acquisition ................. $0 Construction ..... .........$67,000,000 TOTAL.............. .........$72,000,000 FUNDING SOURCE(S): City ofKent PROJECT JUSTIFICATION: The City assessed the condition of its street network in 2011. It was found that many of the streets exhibit deficiencies that reflect they are beyond their expected performance life and in need of a maintenance or rehabilitation overlay, or some amount of reconstruction. Moreover, historically, the amount of pavement resurfacing, rehabilitation, and reconstruction monies the City has budgeted each year has been insufficient to address the deficiencies of its street network. Insufficient budgets to perform this necessary work results in more expensive maintenance and rehabilitation options. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #38: Residential Traffic Calming Program Ongoing Citywide Program YEAR: 2015 - 2020 DESCRIPTION: This project will develop and implement residential traffic calming throughout the City on a priority basis as funding allows. PROJECT COST: Preliminary Engineering ....... $750,000` Right of Way Acquisition ................ $0 Construction .................. $2,250,000 TOTAL.............. ......... 3,000,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The program was originally established in 1999 to address traffic concerns on residential streets. The City Council recently adopted a revised Traffic Calming Program in order to make informed, systematic decisions about actions to correct those concerns. There has been a substantial increase in requests to the City for installation of physical devices within the last couple of years that resulted in a significant increase in the number of speed and volume studies and required numerous public meetings. This program will allow for adequate traffic studies to keep up with the increased demand, support staff resources to perform the studies and work with residents toward resolving traffic concerns, and fund the purchase, installation and construction of physical devices for residential traffic calming. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #39: Traffic Signal Management Program Ongoing Citywide Program YEAR: 2015 - 2020 DESCRIPTION: This program will analyze intersections for potential installation of traffic signals or other traffic control to insure safe and efficient use of the existing and planned transportation network. Analysis of turn movements and collision history will be used to prioritize new traffic signal installations. PROJECT COST: Preliminary Engineering ....... $600,000 Right of Way Acquisition .. ............. $0 Construction .................. $3,600,000 TOTAL.............. ..........$4,200,000 FUNDING SOURCE(S): City of'Kent PROJECT JUSTIFICATION: Historically, the City justifies the need for two new traffic signals per year to meet safety and mobility needs. This program budgets for projects needed to meet the increasing demand for signalized intersection control and the constant need for traffic counts to monitor vehicle volumes and behavior. It also supports the replacement of old, outdated traffic signal equipment at currently signalized intersections. The priorities for traffic signals will be set by transportation system signal warrant studies which include studies of volumes, collision history, pedestrian mobility needs, and roadway geometry. This program also helps the City maintain level of service standards necessary to maintain concurrency as required by the Growth Management Act. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #40: Miscellaneous Intersection Improvements Ongoing Citywide Program YEAR: 2015 - 2020 DESCRIPTION: Improve miscellaneous intersections within the City to accommodate future traffic volumes. Provides for improvements to the operational efficiency of the roadway system including rechannelization, signing, signal coordination programs, transit signal priority, Intelligent Transportation Systems, signal upgrades such as protective/permissive phasing and LED signal indications upgrades. PROJECT COST: Preliminary Engineering ... .:.$45,000 Right of Way Acquisition ................ $0 Construction ..... ............. $255,000 TOTAL.............. ............$30d,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: The Transportation Master Plan identified several intersections that will need to be improved to accommodate future traffic volumes. These intersections are spread throughout the City and are not included as separate projects within this 6-Year TIP. Increasing the capacity and efficiency of the existing roadway system through operational improvements is a very cost effective element of the transportation program. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #41: Comprehensive Plan Update Ongoing Citywide Program YEAR: 2015 - 2020 DESCRIPTION: This project consists of an update of the Transportation Element of the City's Comprehensive Plan and the Transportation Master Plan including near-term and long range planning of the City's transportation system needs. Project costs include consultant contracts for transportation planning, concurrency management, public involvement, travel demand and traffic operations modeling and analysis of potential financing strategies to construct, operate and maintain the City's transportation network. The project includes staff resources, hardware and software to analyze, manage and monitor the transportation network. ' PROJECT COST: Preliminary Engineering ........ $580,000 Right of Way Acquisition ................ $0 Construction ................. $0 TOTAL.. ......... ............$550,000 FUNDING SOURCE(S): City of Kant PROJECT JUSTIFICATION: The City's 2008 Transportation Master Plan identified the City's transportation system needs out to the year 2030 but was based on the City's 2004 Comprehensive Plan. This project will support the City"s 2014-2015 Comprehensive Plan Update by incorporating the City's updated household and jobs forecasts into future transportation demand model forecast scenarios and develop possible transportation alternatives to accommodate the new growth projections. The City must be in compliance with all state, county and regional policies in order to be eligible to apply for competitive grants. The City endeavors to maximize transportation efficiency, investigate methods of measuring concurrency that incorporate all modes of travel, better reflects the ways our community is changing, engages the community in discussions about future transportation investments, and investigates various ways of funding our future transportation needs. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #42: Channelization (Street Markings) Improvement Program Ongoing Citywide Program YEAR: 2015 - 2020 DESCRIPTION: Provide street marking projects including striping, thermoplastic pavement marking, and raised pavement markers throughout the City to separate and regulate conflicting movements, define paths of travel, and facilitate safe and orderly movement on City Streets. PROJECT COST: Preliminary Engineering ....... $257,000 Right of Way Acquisition .. ............ $0 Construction .................. $2,240,000 TOTAL..........................$2490,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This ongoing program maintains and updates the channelization throughout the City. The City has 1,648,863 linear feet (LF) of channelization striping, 445,300 raised pavement markings, 22,012 LF of C curb and 7,179 LF of painted C curb. Channelization helps to limit conflict points and directs motorists through areas of complexity. These markings are also used to delineate left turn storage queue areas and deceleration areas for right turning vehicles. This project preserves the capacity and efficiency of the existing roadway system. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #43: Bicycle System Improvements Ongoing Citywide Program YEAR: 2015 - 2020 DESCRIPTION: Make miscellaneous improvements to the city's bicycle routes as identified in the Nonmotorized Chapter (Chapter 6) of the adopted 2008 Transportation Master Plan (TMP) and the full 2007 Nonmotorized sub-plan. Bicycle lanes are usually part of individual street improvement projects and each of those projects would be itemized individually. The costs of the bike lanes added to TMP Street projects, estimated at approximately $40,000,000 in 2007 dollars, are not reflected here. This project is for shared lane striping and signing, matching grant dollars for 'filling in bike lane gaps, and for the extension of the shared-use path network. This project also includes bicycle system improvements identified in the TMP that are eligible for State and Federal non-motorized funding, not listed in the TIP as an individual project. PROJECT COST: Preliminary-Engineering ....... $100,000 Right of tray Acquisition ....... $75,000 Construction ..................$ 1,325,000 TOTAL..' .....................$1,500,000 FUNDING SOURCE(S): City of Kent, WSDOT, CMAQ PROJECT JUSTIFICATION: The 2008 Transportation Master Plan and the 2007 Nonmotorized System Study proposed a network of shared lane routes on transportation corridors throughout the city to help connect the bicycle system. Lane markings and sign postings can inform motorists and cyclists of those corridors best suited for significant bike use. These shared-lane facilities can provide critical linkages to major cycling activity centers and connections to the shared use path systems. The city has a prioritized list of projects for bike lanes, sharrows, and shared use paths. This project can help achieve the City's goals for improving mobility, reducing vehicle trips, increasing physical exercise, and improving transportation connectedness. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #44: Sidewalks, Sidewalk Repair and the Americans with Disabilities Act Compliance Program Ongoing Citywide Program YEAR: 2015 - 2020 DESCRIPTION: Systematically construct new sidewalks throughout the City as identified by prioritized project lists in the 2008 Transportation Master Plan. Reconstruct and repair existing sidewalks and curb ramps and install new truncated domes and hard-surfaced sidewalks to implement the requirements of the Federal Americans with Disabilities Act (ADA) consistent with the findings of the Nan-motorized Chapter (Chapter 6) of the 2008 Transportation Master Plan., PROJECT COST: Preliminary Engineering ....... $500,000 Right of Way Acquisition ...... $250,000 Construction ..... $2,25q1000 TOTAL..........................$3,600,000 FUNDING SOURCE(S): City of Kent PROJECT JUSTIFICATION: This project is mandated by Title II of the Americans with Disabilities Act. Title II requires that a public entity must evaluate its services, programs, policies, and practices to determine whether they are in compliance with the nondiscrimination requirements of the ADA. The ADA requires that an ADA Transition Plan be prepared to describe any structural or physical changes required to make programs accessible. The City has conducted a self-evaluation and prepared a Transition Plan including a prioritized list of projects to bring itself into compliance with the Federal ADA regulations. This program begins working on that list of projects to construct and repair the City's sidewalk and street/sidewalk transition zones for accessibility for all users and begins to address the pedestrian improvements identified in the Transportation Master Plan. This project can help achieve the City's goals for improving mobility, reducing vehicle trips, increasing physical activity, and improving transportation connectedness. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #45: Guardrail and Safety Improvements Ongoing Citywide Program YEAR: 2015 - 2020 DESCRIPTION: Make miscellaneous guardrail improvements each year to enhance motorist safety. Candidate projects include Frager Road, SE 240th/148th Avenue Southeast hillside, Lake Fenwick Road north or S 272nd Street, S 208th/212th and 100th Avenue Southeast. Upgrade existing guardrail end-treatments as mandated by State and Federal regulations. PROJECT COST: Preliminary Engineering ... ..'.$60,000 Right of Way Acquisition ................ $0 Construction ..................... $540,000 TOTAL.............. ........ ...$600 000 FUNDING SOURCE(S): City of Kent, HES PROJECT JUSTIFICATION: This project is mandated by compliance with Federal and State regulations and the requirement to eliminate potentially hazardous roadway conditions. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #46: Community Based Circulating Shuttles Ongoing Citywide Programs YEAR: 2015 - 2020 DESCRIPTION: Continue to provide enhanced transit service to meet the needs of the community through the use of fixed-route shuttle service, with demand-responsive routing capabilities. Routes 914/916 serve the Kent Transit Center, Regional Justice Center, Kent City Hall, Green River Community College's Kent campus, and local shopping and medical facilities. The Route 913 shuttle connects the City's manufacturing/industrial center with the regional bus and commuter train services at the Kent Transit Center, PROJECT COST: Preliminary Engineering .........$i0,000 Implementation ............. $180,000 TOTAL.............. ................. 190,000 FUNDING SOURCE(S): City of Kent, CMAQ, King County, ITS PROJECT JUSTIFICATION: Routes 914/916 provide mobility and independence to many of the cty's seniors and reduce the need for expensive ACCESS service for marry wheelchair-lift service trips. Community circulating shuttles encourage the participation of all ages, all economic groups, all physical abilities, and virtually all of our community in everyday civic life without the isolation and pollution of the automobile for every trip. Commuter shuttles enhance the regional transit/train service by providing the vital link from home or work to the Transit Center, encouraging people to travel without their personal vehicles — thus avoiding the cold-start impacts to air quality and reducing congestion on local streets. The route 916 — East Hill portion of the 914/916 is scheduled to be eliminated in February 2015. The Route 913 is scheduled to be eliminated in September of 2015. 2015-2020 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM PROJECT #47: Railroad Quiet Zone for Downtown Urban Center Ongoing Citywide Program YEAR: 2015 - 2020 DESCRIPTION: Establishment of a railroad quiet zone for the Burlington Northern Santa Fe Railway (BNSF) tracks and the Union Pacific Railroad (UPRR) tracks through the City of Kent. The grade crossings to be included in the quiet zone on the BNSF railroad mainline are: S 259th Street, Willis Street, Titus Street, Gowe Street, Meeker Street, Smith Street, James Street, and S 212th Street. The grade crossings included in the quiet zone for the UPRR mainline tracks are: Willis Street (SR 516), W Smith Street, W Meeker Street, W James Street, S 228th Street, and S 212th Street. PROJECT COST: Preliminary Engineering .... $3,500,000 Right of Way Acquisition.. $0 Construction ..... $0 TOTAL.. ......... ...... ..$3,500,000 FUNDING SOURCE(S): City of Kent, Federal Rail Administration, FHWA PROJECT JUSTIFICATION: Locomotive' engineers begin sounding the train-mounted horn approximately 1/4 mile from the intersection of a highway/railroad crossing. This warning device is an effective deterrent to accidents at grade crossings but exposes the local community to significant levels of noise that often deprecates the quality of life for those living closest to the railroad facilities. This page intentionally left blank. 1 v; i l Y IYNI � G.1 a o e, tr / r x j 4 u �- x, s v a l y _ F S B(B 1 ry S _ M � Isv� s k,y Vi d� co 0 Co F oN O O k � , cn N 0 T a � RI � 1 rt This page intentionally left blank. KENT....,o Agenda Item: Consent Calendar — 7H �. _ � TO: City Council DATE: July 1, 2014 SUBJECT: HOME Interlocal Cooperation Agreement - Authorize MOTION: MOTION: Authorize the Mayor to sign the 20015-2017 HOME Interlocal Cooperation Agreement with King County, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: The current Interlocal Cooperation Agreement for the King County HOME Consortium expires at the end of 2014. The agreement contained an automatic renewal clause but due to a HUD requirement to add some technical language, it is necessary for the Council to approve the new agreement. Continued participation in the HOME Consortium is advantageous for the following reasons: • The City and affordable housing developers serving Kent may apply for HOME funds to help meet locally identified affordable housing needs, including affordable rental housing and first-time homeownership programs; • The City and affordable housing developers serving Kent may apply for HOME funds to support the rehabilitation and preservation of affordable privately owned multifamily rental housing in Kent; • The City can participate in the Interjurisdictional Advisory Group that helps develop recommendations for the inter-jurisdictional Joint Recommendations Committee on specific projects to receive funds, as well as program guidelines. EXHIBITS: 1) HOME-ONLY Agreement Cities Transmittal Letter 2) HOME Agreement 2015-2017 — Bold Changes 3) HOME Agreement 2015-2017 Final RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Higgins - Fincher NAY: BUDGET IMPACT: None This page intentionally left blank. LIQ King County Community Services Division Housing and Community Development Department of Community and Human Services 401 5a'Avenue,Suite 510 Seattle,WA 98104 206-263-9062 FAX 206-296-0229 TTY Relay: 711 May 14, 2014 HOME-ONLY Agreement Cities Dear : I am writing to you regarding the continuing participation of your city in the King County HOME Investment Partnerships Program(HOME) Consortium and the Regional Affordable Housing Program (RAHP) Consortium. King County Code, Title 24, Chapter 13 (KCC 24.13) sets out the framework for King County to enter into consortia relationships through interlocal cooperation agreements to partner in the distribution and administration of funds made available through the United States Department of Housing and Urban Development(HUD), and affordable housing funds established in Section 36.22.178 of the Revised Code of Washington(RCW). Pursuant to KCC 24.13, it is the policy of King County to partner and form urban county consortia with the cities and towns in King County outside the City of Seattle"'for the HUD-administered HOME program. King County also partners with all cities and towns in King County for RAHP document recording surcharge fee funds for affordable housing, governed by RCW 36.22.178,which requires the County to enter interlocal agreements. The King County Housing and Community Development Program administers the HOME and RAHP Consortia funds on behalf of the participating city members, and staffs the interjurisdictional Joint Recommendations Committee(JRC) of the consortia. The JRC reviews and recommends policy matters and project selections concerning consortia funds to the King County Executive. HOME Consortium Agreement As a city that receives CDBG funds directly from HUD, and a prior signatory to the HOME Consortium Agreement for the 2012-2014 period of qualification,your city is eligible to continue participating in the King County HOME Consortium through a new Agreement for the 2015-2017 period of qualification. In reviewing HUD's most recent"Notice of Procedures for Designation of Consortia as a Participating Jurisdiction for the HOME Program"with our attorney,King County has discovered that there is some technical language required by HUD that must be added to the King County HOME Consortium �']As a large metropolitan city, Seattle receives an independent allocation of CDBG,ESG and HOME Program funds directly from HUD. May 14, 2014 Page 2 of 3 Agreement. This language is beneficial to the Consortium in that it will allow King County to make amendments for technical HUD requirements without all of the participating cities needing to get council approval and re-sign the HOME Agreement in the future. Amendments by King County will only be allowed for HUD-required technical changes and not for other amendments that the City(s) and County may negotiate. In addition,we are adding a new member,the City of Kirkland,to the HOME Consortium for the 2015- 2017 period of qualification. Kirkland is eligible to become a Joint Agreement City or a separate entitlement, and is electing to become a Joint Agreement city and to join the HOME Consortium with that new status. As a unit of general local government eligible for continuing participation in the HOME Urban County Consortia,we must inform you that if your city chooses to remain with the King County HOME Consortium, your city will participate in the HOME program as a part of the King County HOME Consortium, and may only have access to the Consortium's HOME formula grant amount This does not preclude the Consortium or a unit of government participating in the Consortium from applying for HOME funds from the state, if the state were to allow such an application. Benefits of Continuing Participation in the King County HOME Consortium • Your city, and affordable housing developers serving your city, may apply for HOME funds to help meet locally identified affordable housing needs, including affordable rental housing and first-time homeownership programs. • Your city, and affordable housing developers serving your city, may apply for HOME funds to support the rehabilitation and preservation of affordable housing in your jurisdiction. • Your city can participate in the city/county staff work group that develops recommendations for the inter jurisdictional JRC on specific projects to receive HOME funds, as well as program guidelines. RAIIP Agreement The RAHP Agreement governs the administration of funds for housing affordable to households at or below 50 percent of AMI throughout King County. The RAHP Agreement has an automatic renewal clause that allows it to renew for subsequent three-year periods, and is renewing without changes for the 2015-2017 period. Your city signed a RAHP Agreement for the 2012-2014 period,thus your agreement will automatically renew and you do not have to take any further action. The RAHP Guidelines are updated through the JRC as needed, and will be updated during 2014. Staff from your city is invited to attend the meetings this spring that will culminate in JRC recommendations. May 14, 2014 Page 3 of 3 HOME Agreement Next Steps If your city desires to continue to participate in the King County HOME Consortium,your city must sign the enclosed HOME Agreement for the 2015-2017 period of qualification,which has been revised to include the HUD-required technical elements, and is included in this packet as Attachment A. If your city does not desire to continue participation in the King County HOME Consortium for 2015- 2017,you must notify both HUD and King County in writing, at the addresses below,no later than June 13, 2014. A decision to be excluded from participation in the consortia would be effective for the entire three-year period of 2015-2017,unless your city were to specifically request to be included in a subsequent year for the remainder of the three-year period. Your letters indicating that your city does not desire to continue participating in the King County HOME Consortium must be mailed to both King County and HUD at the following addresses: King County King County Housing and Community Development Program ATTN: Cheryl Markham,Program Manager 401 Fifth Avenue, Suite 510 Seattle, WA 98104-1818 HUD John W. Peters, Director Office of Community Planning and Development U.S. Department of Housing and Urban Development 909 First Avenue, Suite 300 Seattle, WA 98104-1000 We look forward to your continued participation in the King County Consortia, and thank you for your attention to this matter. Sincerely, Cheryl Markham Program Manager CM:cm Enclosures This page intentionally left blank. Attachment C HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into between King County, hereinafter referred to as the "County," and the City of hereinafter referred to as the "City," said parties to the Agreement each being a unit of general local government of the State of Washington. RECITALS WHEREAS, King County is an urban county, as defined by 24 CFR 92.2 and 24 CFR 570.3; and WHEREAS, a unit of general local government that is located within in an urban county may be part of a HOME consortium only through the urban county; and WHEREAS, the City and King County agree that it is mutually desirable and beneficial to enter into a consortium arrangement for purposes of the HOME Investment Partnerships Program, hereinafter referred to as "HOME Program'; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES, AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: 1. This Agreement is made pursuant to the National Affordable Housing Act of 1990, as amended, 42 USC § 12701 et. seq. (the "Act") and RCW 39.34, the Intergovernmental Cooperation Act. 2. The City and the County agree to cooperate to undertake or assist in undertaking HOME Program housing assistance activities which are eligible under 24 CFR Part 92. 3. The County is hereby authorized to act as the representative member on behalf of the Consortium for the purposes of the HOME Program. The County as the applicant, grantee and lead entity for the HOME Program funds has responsibility for and assumes all obligations in the executing the HOME Program, including the ability to adopt amendments to this Agreement for the purpose of adding new members on behalf of the HOME Consortium and for the purpose of incorporating chances necessary to meet U.S. Department of Housing and Urban Development(HUD) requirements for consortium acreements under the applicable HUD notice of procedures for desicnation of consortia as a participating jurisdiction for HOME; final responsibility for selecting and executing activities; ensuring compliance with federal requirements and submitting to HUD the Consolidated Housing and Community Development Plan (Consolidated Plan), Annual Action Plans, and related plans and reports, including the Analysis of Impediments to Fair Housing Choice and the Fair Housing Action Plan. Nothing contained in this Agreement shall be construed as an abdication of those responsibilities and obligations. HOME Interlocal Agreement 1 of 5 2015—2017 Attachment C The City agrees to cooperate fully with the County in the development and preparation of the Consolidated Plan and related plans, and to prepare and provide those elements specifically pertaining to the City. 4. This Agreement shall remain in full force and effect for the period necessary to plan and carry out all activities that will be funded from HOME funds awarded for the 2015,2016 and 2017 federal fiscal years, the three-year qualification period that coincides with the Agreement for the Distribution and Administration of the King County Consortium's Community Development Block Grant, or until the County's designation as a participating HOME jurisdiction or an urban county is rescinded by the United States Department of Housing and Urban Development, whichever is shorter. 5. This Agreement will be automatically renewed for participation in successive qualification periods of three federal fiscal years each. No later than the date specified by HUD's consortia designation notice or HOME Consortia web page, King County shall notify each HOME consortium member in writing of its right to decide not to participate in the Consortium for the next qualification period, and King Countv will send copies of those written notices to the HUD local field office by the date specified in the qualification notice. Unless the County or the City provides written notice it wishes to amend the Agreement, or elects not to participate in the new qualification period in writing to both King County and the HUD local field office by the date set forth in the HUD qualification notice applicable to subsequent three-year qualification periods, this Agreement shall automatically renew. Before the beginning of each new qualification period, King County shall submit to HUD a statement of whether or not any amendments have been made to this Agreement, a copv of each amendment, and if the Consortium's membership has changed, the state certification required under 24 CFR, Section 92.101(a)(2)(i). This automatic renewal provision will be void if King Countv fails to submit a copy of each amendment to this Agreement as required under this automatic renewal provision. 6. The City and the County agree to adopt any amendments to this Agreement other than the incorporation of changes necessary to meet the requirements for cooperation agreements set forth in the applicable HUD HOME consortia qualification notice for a subsequent three-year qualification period,which King County as the lead entity shall act upon pursuant to Section 3 of this Agreement. King County shall submit any other amendments that have been adopted by the City and County to the HUD local field office by the applicable deadline. 7. During the term of this Agreement, neither the County nor the City may withdraw from participation from their respective obligations under this Agreement. 8. By executing the HOME Agreement, the City understands that it may not participate in a HOME consortium except through the County, regardless of whether the County receives a HOME formula allocation. 9. This Agreement shall be executed in three counterparts, each of which shall be deemed an original, by the chief executive officers of the County and the City, pursuant to the authority granted them by their respective governing bodies. One of the signed Agreements shall be filed by the County with the Region X office of HUD, one shall be filed with the City and HOME Interlocal Agreement 2 of 5 2015—2017 Attachment C one shall be filed with the County. Prior to its taking effect, the fully executed Agreement shall be filed with the County Auditor, or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source. 10. The parties to this Agreement hereby agree to affirmatively further fair housing and to ensure that no HOME funds are expended for activities that do not affirmatively further fair housing within the boundaries of their jurisdiction or for activities that impede the County's actions to comply with its fair housing certification. For purposes of this section, "affirmatively furthering fair housing" includes participation in the process of developing an Analysis of Impediments to Fair Housing Choice and a Fair Housing Action Plan. While King County has the primary responsibility for the development of these reports to HUD pursuant to Section 3 of this Agreement, upon request,the City shall provide assistance to the County in preparing such reports. 11. Joint Recommendations Committee Composition. An inter-jurisdictional Joint Recommendations Committee ("JRC") shall be established through the 2015—2017 Consortium Interlocal Cooperation Agreement. The JRC shall be composed of three county representatives and eight cities representatives. The three county representatives shall be King County Executive staff with broad policy responsibilities and/or department directors. County representatives shall be specified in writing and, where possible, shall be consistently the same persons from meeting to meeting. Four of the cities representatives shall be from non-entitlement consortium cities signing the King County Consortium Regular Interlocal Cooperation Agreement Regarding the Community Development Block Grant(CDBG)Program, two from each sub-region, as appointed by Sound Cities Association. The remaining four cities representatives shall be from cities that qualify to receive CDBG funds directly from HUD, but are signing a Joint Agreement Regarding the CDBG Program and a HOME Program Agreement with King County; or receive their own CDBG grant directly from HUD and signing a HOME Program-only Agreement with King County. These latter four representatives shall have no vote on matters specific to the jurisdictions of the King County Consortium Regular Interlocal Cooperation Agreement Regarding the CDBG Program. Two of the eight cities representatives shall be rotated among the HOME Program-only Agreement Cities, and two of the eight cities representatives shall be rotated among the cities signing a Joint Agreement Regarding the CDBG Program and a HOME Program Agreement. Those four representatives will vote on issues affecting HOME Program Agreement Cities that are specific to this Agreement. For the HOME Program-only Agreement Cities' rotating positions, the HOME Program Agreement Cities will notify the County by the end of the second week in February of each year, who the two HOME Program-only Agreement City representatives will be for that year. The chairperson and vice-chairperson of the JRC shall be chosen from among the members of the JRC by a majority vote of the members for a term of one year beginning with the first meeting of the calendar year. Attendance of five members shall constitute a quorum. HOME Interlocal Agreement 3 of 5 2015—2017 Attachment C 12. JRC Appointments. The King County Executive shall appoint the three county representatives. The participating cities of the King County Consortium Interlocal Cooperation Agreement for the Community Development Block Grant Program shall provide for the appointment of their shared representatives in a manner to be determined by those cities through the Suburban Cities Association or other agreed-upon mechanism for the execution of shared appointing authority. The Suburban Cities Association or other agreed mechanism will select four jurisdictions of varying size from among those signing this agreement, two from the northeast sub-region and two from the south sub-region. The cities representatives shall be elected officials, chief administrative officers, or persons who report directly to the chief administrative officer and who have broad policy responsibilities; e.g., planning directors, department directors, etc. Members of the JRC shall serve for two years, or at the pleasure of their respective appointing authorities. 13. Powers and Duties of the JRC. The JRC shall be empowered to: a. Review and recommend to the King County Executive all policy matters concerning the King County CDBG Consortium and HOME Program Consortium, including but not limited to the Consolidated Plan and related plans and policies. b. Review and recommend to the King County Executive the projects and programs to be undertaken with King County CDBG Consortium funds and HOME Program Consortium funds, including the Administrative Set-aside. c. Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly from King County CDBG Consortium and HOME Program Consortium funded activities over the three-year agreement period, so far as is feasible and within the goals and objectives of the Consolidated Plan. 14. Advisory Committees to the JRC. In fulfilling its duty to review and recommend projects and programs to be undertaken with HOME Program funds,the JRC shall consider the advice of inter-jurisdictional advisory committees. Sub-regional advisory committees, made up of one representative from each participating jurisdiction in a sub-region that wishes to participate, shall be convened to assist in the review and recommendation of projects and programs to be undertaken in that sub-region. The JRC may also solicit recommendations from other inter- jurisdictional housing and community development committees. 15. The City shall assist the County in developing the Consortium's HOME Program by participating in development of the Consolidated Plan to accommodate both the collective and individual housing objectives contained within local comprehensive plans or other adopted plans of the City and the County. 16. The City and County shall each assign a staff person to serve as the primary contact for the administration of this Agreement. The assigned contact person is responsible for communicating relevant information to their respective jurisdiction. 17. This Agreement applies to the Consortium's acceptance of other federal housing-related funds which may be allocated by formula to the Consortium. Allocation decisions for these funds will be subject to policies and procedures developed by the advisory committees to the JRC and adopted by the JRC. HOME Interlocal Agreement 4 of 5 2015—2017 Attachment C 18. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Agreement. KING COUNTY, WASHINGTON CITY OF for King County Executive By: Signature Adrienne Quinn Printed Name Printed Name Director, Department of Community and Human Services Title Title Date Date Approved asto Form: Approved asto Form: OFFICE OF THE KING COUNTY CITY OF PROSECUTING ATTORNEY CITY ATTORNEY City Attorney ATTEST: CITY OF City Clerk HOME Interlocal Agreement 5 of 5 2015—2017 This page intentionally left blank. HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into between King County, hereinafter referred to as the "County," and the City of hereinafter referred to as the "City," said parties to the Agreement each being a unit of general local government of the State of Washington. RECITALS WHEREAS, King County is an urban county, as defined by 24 CFR 92.2 and 24 CFR 570.3; and WHEREAS, a unit of general local government that is located within in an urban county may be part of a HOME consortium only through the urban county; and WHEREAS, the City and King County agree that it is mutually desirable and beneficial to enter into a consortium arrangement for purposes of the HOME Investment Partnerships Program, hereinafter referred to as "HOME Program'; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES, AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: 1. This Agreement is made pursuant to the National Affordable Housing Act of 1990, as amended, 42 USC § 12701 et. seq. (the "Act") and RCW 39.34, the Intergovernmental Cooperation Act. 2. The City and the County agree to cooperate to undertake or assist in undertaking HOME Program housing assistance activities which are eligible under 24 CFR Part 92. 3. The County is hereby authorized to act as the representative member on behalf of the Consortium for the purposes of the HOME Program. The County as the applicant, grantee and lead entity for the HOME Program funds has responsibility for and assumes all obligations in the executing the HOME Program, including the ability to adopt amendments to this Agreement for the purpose of adding new members on behalf of the HOME Consortium and for the purpose of incorporating changes necessary to meet U.S. Department of Housing and Urban Development(HUD)requirements for consortium agreements under the applicable HUD notice of procedures for designation of consortia as a participating jurisdiction for HOME; final responsibility for selecting and executing activities; ensuring compliance with federal requirements and submitting to HUD the Consolidated Housing and Community Development Plan (Consolidated Plan), Annual Action Plans, and related plans and reports, including the Analysis of Impediments to Fair Housing Choice and the Fair Housing Action Plan. Nothing contained in this Agreement shall be construed as an abdication of those responsibilities and obligations. The City agrees to cooperate fully with the County in the development and preparation of the Consolidated Plan and related plans, and to prepare and provide those elements specifically pertaining to the City. HOME Interlocal Agreement 1 of 5 2015—2017 4. This Agreement shall remain in full force and effect for the period necessary to plan and carry out all activities that will be funded from HOME funds awarded for the 2015,2016 and 2017 federal fiscal years, the three-year qualification period that coincides with the Agreement for the Distribution and Administration of the King County Consortium's Community Development Block Grant, or until the County's designation as a participating HOME jurisdiction or an urban county is rescinded by the United States Department of Housing and Urban Development, whichever is shorter. 5. This Agreement will be automatically renewed for participation in successive qualification periods of three federal fiscal years each. No later than the date specified by HUD's consortia designation notice or HOME Consortia web page, King County shall notify each HOME consortium member in writing of its right to decide not to participate in the Consortium for the next qualification period, and King County will send copies of those written notices to the HUD local field office by the date specified in the qualification notice. Unless the County or the City provides written notice it wishes to amend the Agreement, or elects not to participate in the new qualification period in writing to both King County and the HUD local field office by the date set forth in the HUD qualification notice applicable to subsequent three-year qualification periods, this Agreement shall automatically renew. Before the beginning of each new qualification period, King County shall submit to HUD a statement of whether or not any amendments have been made to this Agreement, a copy of each amendment, and if the Consortium's membership has changed, the state certification required under 24 CFR, Section 92.10 1(a)(2)(i). This automatic renewal provision will be void if King County fails to submit a copy of each amendment to this Agreement as required under this automatic renewal provision. 6. The City and the County agree to adopt any amendments to this Agreement other than the incorporation of changes necessary to meet the requirements for cooperation agreements set forth in the applicable HUD HOME consortia qualification notice for a subsequent three-year qualification period, which King County as the lead entity shall act upon pursuant to Section 3 of this Agreement. King County shall submit any other amendments adopted by the City and County to the HUD local field office by the applicable deadline. 7. During the term of this Agreement, neither the County nor the City may withdraw from participation from their respective obligations under this Agreement. 8. By executing the HOME Agreement, the City understands that it may not participate in a HOME consortium except through the County, regardless of whether the County receives a HOME formula allocation. 9. This Agreement shall be executed in three counterparts, each of which shall be deemed an original, by the chief executive officers of the County and the City, pursuant to the authority granted them by their respective governing bodies. One of the signed Agreements shall be filed by the County with the Region X office of HUD, one shall be filed with the City and one shall be filed with the County. Prior to its taking effect, the fully executed Agreement shall be filed with the County Auditor, or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source. 10. The parties to this Agreement hereby agree to affirmatively further fair housing and to ensure that no HOME funds are expended for activities that do not affirmatively further fair housing within the boundaries of their jurisdiction or for activities that impede the County's actions to HOME Interlocal Agreement 2 of 5 2015—2017 comply with its fair housing certification. For purposes of this section, "affirmatively furthering fair housing" includes participation in the process of developing an Analysis of Impediments to Fair Housing Choice and a Fair Housing Action Plan. While King County has the primary responsibility for the development of these reports to HUD pursuant to Section 3 of this Agreement, upon request, the City shall provide assistance to the County in preparing such reports. 11. Joint Recommendations Committee Composition. An inter-jurisdictional Joint Recommendations Committee ("JRC") shall be established through the 2015—2017 Consortium Interlocal Cooperation Agreement. The JRC shall be composed of three county representatives and eight cities representatives. The three county representatives shall be King County Executive staff with broad policy responsibilities and/or department directors. County representatives shall be specified in writing and, where possible, shall be consistently the same persons from meeting to meeting. Four of the cities representatives shall be from non-entitlement consortium cities signing the King County Consortium Regular Interlocal Cooperation Agreement Regarding the Community Development Block Grant(CDBG)Program, two from each sub-region, as appointed by Sound Cities Association. The remaining four cities representatives shall be from cities that qualify to receive CDBG funds directly from HUD, but are signing a Joint Agreement Regarding the CDBG Program and a HOME Program Agreement with King County; or receive their own CDBG grant directly from HUD and signing a HOME Program-only Agreement with King County. These latter four representatives shall have no vote on matters specific to the jurisdictions of the King County Consortium Regular Interlocal Cooperation Agreement Regarding the CDBG Program. Two of the eight cities representatives shall be rotated among the HOME Program-only Agreement Cities, and two of the eight cities representatives shall be rotated among the cities signing a Joint Agreement Regarding the CDBG Program and a HOME Program Agreement. Those four representatives will vote on issues affecting HOME Program Agreement Cities that are specific to this Agreement. For the HOME Program-only Agreement Cities' rotating positions, the HOME Program Agreement Cities will notify the County by the end of the second week in February of each year, who the two HOME Program-only Agreement City representatives will be for that year. The chairperson and vice-chairperson of the JRC shall be chosen from among the members of the JRC by a majority vote of the members for a term of one year beginning with the first meeting of the calendar year. Attendance of five members shall constitute a quorum. 12. JRC Appointments. The King County Executive shall appoint the three county representatives. The participating cities of the King County Consortium Interlocal Cooperation Agreement for the Community Development Block Grant Program shall provide for the appointment of their shared representatives in a manner to be determined by those cities through the Suburban Cities Association or other agreed-upon mechanism for the execution of shared appointing authority. The Suburban Cities Association or other agreed mechanism will select four jurisdictions of varying size from among those signing this agreement,two from the northeast sub-region and two from the south sub-region. The cities HOME Interlocal Agreement 3 of 5 2015—2017 representatives shall be elected officials, chief administrative officers, or persons who report directly to the chief administrative officer and who have broad policy responsibilities; e.g., planning directors, department directors, etc. Members of the JRC shall serve for two years, or at the pleasure of their respective appointing authorities. 13. Powers and Duties of the JRC. The JRC shall be empowered to: a. Review and recommend to the King County Executive all policy matters concerning the King County CDBG Consortium and HOME Program Consortium, including but not limited to the Consolidated Plan and related plans and policies. b. Review and recommend to the King County Executive the projects and programs to be undertaken with King County CDBG Consortium funds and HOME Program Consortium funds, including the Administrative Set-aside. c. Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly from King County CDBG Consortium and HOME Program Consortium funded activities over the three-year agreement period, so far as is feasible and within the goals and objectives of the Consolidated Plan. 14. Advisory Committees to the JRC. In fulfilling its duty to review and recommend projects and programs to be undertaken with HOME Program funds, the JRC shall consider the advice of inter-jurisdictional advisory committees. Sub-regional advisory committees, made up of one representative from each participating jurisdiction in a sub-region that wishes to participate, shall be convened to assist in the review and recommendation of projects and programs to be undertaken in that sub-region. The JRC may also solicit recommendations from other inter- jurisdictional housing and community development committees. 15. The City shall assist the County in developing the Consortium's HOME Program by participating in development of the Consolidated Plan to accommodate both the collective and individual housing objectives contained within local comprehensive plans or other adopted plans of the City and the County. 16. The City and County shall each assign a staff person to serve as the primary contact for the administration of this Agreement. The assigned contact person is responsible for communicating relevant information to their respective jurisdiction. 17. This Agreement applies to the Consortium's acceptance of other federal housing-related funds which may be allocated by formula to the Consortium. Allocation decisions for these funds will be subject to policies and procedures developed by the advisory committees to the JRC and adopted by the JRC. HOME Interlocal Agreement 4 of 5 2015—2017 18. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Agreement. KING COUNTY, WASHINGTON CITY OF for King County Executive By: Signature Adrienne Quinn Printed Name Printed Name Director, Department of Community and Human Services Title Title Date Date Approved as to Form: Approved as to Form: OFFICE OF THE KING COUNTY CITY OF PROSECUTING ATTORNEY CITY ATTORNEY City Attorney ATTEST: CITY OF City Clerk HOME Interlocal Agreement 5 of 5 2015—2017 This page intentionally left blank. KENT....,o Agenda Item: Consent Calendar - 7I �. _ � TO: City Council DATE: July 1, 2014 SUBJECT: 2014 Western States Arts Federation Grant Award - Accept MOTION: Accept the TourWest grant from Western States Arts Federation to support the 2014-2015 Kent Arts Commission Spotlight Series in the amount of $2,150, and authorize the expenditure of funds in accordance with the grant agreement. SUMMARY: TourWest has awarded the Kent Arts Commission a TourWest grant in the amount of $2,150 (maximum award is $2,500) through a competitive grant process. The funding will support the 2014-2015 Spotlight Series - specifically a performance and community outreach activity by Hawaiian slack key guitarist John Keawe (kee-ah-vay). EXHIBITS: 1) Award Letter 2) Award Contract from WESTAF RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Higgins - Fincher NAY: BUDGET IMPACT: Kent Arts Commission Budget This page intentionally left blank. W TAF 5/30/2014 Ronda Billerbeck City of Kent Arts Commission 220 4th Avenue South Kent, Washington 98032 RE: TourWest 2014-2015 TW201400306 DearRonda: The Western States Arts Federation (WESTAF) is pleased to inform you that a 2014-2015 TourWest grant has been awarded to City of Kent Arts Commission in the amount of $2,150.00 for the John Keawe performance beginning on 10/11/2014. The following letter contains important information regarding deadlines for grant materials that need to be submitted in order to receive your award payment. Signed Grant Agreement - Due Date: 6/29/2014 Please note, this award is contingent upon the return of a signed copy of the enclosed TourWest grant agreement within 30 days of receipt of this award letter. This is the grant agreement between City of Kent Arts Commission and WESTAF. Failure to return the grant agreement in accordance with this schedule shall result in the forfeiture of the grant award. Contract with the artist - Due Date: 9/20/2014 If an final artist's letter of agreement/contract was not included with your TourWest application, this grant award will not become official until you send the fully executed, co-signed contract between CitV of Kent Arts Commission and John Keawe We must receive the contract no later than three weeks preceding the performance. Notification to WESTAF of changes to the funded project: If any aspect of this project changes from what was originally outlined in your application, or, in the event of cancellation, you are required to notify WESTAF as soon as possible. Notifications can be made to WESTAF via e-mail to staff@westaf.org. If changes to your outreach or public performance activities occur, please note that the TourWest guidelines stipulate that all funded projects must include at least one outreach activity (with an educational component) and one public performance. Failure to meet these requirements will result in the forfeiture of the grant award. Final grant report and support materials submission - Due Date: 12/10/2014 CFDA#45.025 TW201400306 !� In order to receive your grant award, you must complete the final grant report within 60 days following your engagement. WESTAF will pay 100% of the TourWest award to City of Kent Arts Commission when the following have been met: ® Grantee has successfully satisfied the terms of the grant agreement and the project is complete. ® Grantee has completed the TourWest final report form and project description online at Lourwest.culturegrants.org • Final report has been approved by WESTAF and the funds have been received by WESTAF from the N EA. • The award amount must be 50% or less of the actual total artistic fee. If the actual artistic fee has decreased, WESTAF will adjust the grant award amount accordingly. • Submission of Funder Crediting in the following forms. o A current season brochure o Copy of the performance program o Copies of any other promotional material o Grantees must clearly acknowledge support from the National Endowment for the Arts and WESTAF in their programs and related promotional materials. • Final report support materials, such as season brochures and performance programs, may be submitted online or sent to WESTAF at: 1743 Wazee Street, Suite 300, Denver, CO, 80202. Support materials that are mailed to WESTAF must be received within 30 days of the submission of the online final grant report form. Please note that failure to observe any of the TourWest deadlines for submission of the above documentation may result in forfeiture of the grant award. TourWest is made possible through support from the National Endowment for the Arts, the Western State Arts Federation (WESTAF), and its participating state arts agencies. Support through TourWest is contingent on available funds. We appreciate your interest in WESTAF and extend our congratulations to you on this award! Sincerely, Seyan Lucero Associate Director WESTAF 1743 Wazee St. Ste. 300 Denver, CO 80202 T 303.629.1166 F 303,629.9717 www.westaf.org www.artistsregister.com www.zapplication.org www.callforentry.org www.artiob.org Enclosure CFDA#45.025 TW201400306 woms 1 Ff: ':fJ,... J .(.fl�.�'... Celebrating the Western I!1'&gi[lariOn through the Arts 2014-2015 TourWest Grant Contract Contract Date: May 30, 2014 Presenter: City of Kent Arts Commission TourWest Award Amount: $2,150.00 Artistic Fees: $7,000.00 TourWest App ID: TW201400306 CFDA number: 45.025 The Western States Arts Federation (WESTAF) shall assign the grant award amount to City of Kent Arts Commission following the return of a signed copy of this contract within 30 days of the contract date. Failure to return a signed copy of this contract in accordance with the schedule outlined above shall result in the forfeiture of the grant award. TourWest is made possible through support from the National Endowment for the Arts (NEA), the Western States Arts Federation (WESTAF), and WESTAF's participating state arts agencies. Support through TourWest is contingent on available funds. Project Description - the presenting organization is granted the above award amount for the fallowing project: Project Summary: Hawaiian slack key guitarist John Keawe will present one public performance and one educational outreach activity (slack key guitar workshop) in Kent, WA. Artist/Company: John Keawe Engagement Dates: 10/11/2014 to 10/11/2014 Number of Public Performances: 1 Number of Outreach Activities: 1 j All TourWest supported engagements must include at least one (1) public performance and one (1) outreach activity with an educational component. A public performance is defined as a full- length performance for which promotion and marketing to the general public have been provided TW201400306 Page 1 of 4 CFDA number: 45.025 and the audience for which is a cross-section of the community (e.g. not primarily school-aged children during regular school hours). Examples of qualifying outreach activities are: lecture- demonstrations, master classes, in-school educational activities involving students with the artist, etc.. The following items are not considered to be qualifying outreach activities: 1) a performance for students that does not include an educational component about the art form; 2) a guest artist's residency at an institution of higher education; 3) activities at an institution of higher education for which the majority of the audience are students and/or faculty; 4) tickets to the public performance offered on a complimentary basis; and 5) a lecture or demonstration that directly precedes or follows the public performance. Contracting with WESTAF - due date: 6/29/2014 Please note this award is contingent upon the return of a signed copy of the enclosed TourWest grant contract within 30 days of receipt of this award letter. This is the grant contract between City of Kent Arts Commission and WESTAF. Failure to return the grant contract in accordance with this schedule shall result in the forfeiture of the grant award, / �J Contracting with the artist - due date: 9/20/2014 �,, C1f'6{ If the final artist's letter of agreement/contract was not included with the proposed TourWest application, this grant award will not become official until the grantee sends the fully executed, co-signed contract between City of Kent Arts Commission and the artist(s), John Keawe. We must receive the contract no later than three weeks preceding the performance. Payment to the Grantee (Presenting Organization) WESTAF shall pay the grantee $2,150.00 upon: • The satisfactory performance of the services outlined in the project description above. • Project and grantee compliance with established program rules and requirements per the TourWest grant guidelines. • Submission of a copy of the final artist's letter of agreement/contract including the artistic 0 The award amount must be 5o% or less of the actual total artistic fee. If the actual artistic fee has decreased, WESTAF will adjust the grant award amount accordingly. • Timely return of a completed 2014-2015 TourWest final report and project description online at tourwest cultureg rants.org within 60 days following the engagement. • Final report has been approved by WESTAF and the funds have been received by WESTAF from the NEA. • Funder crediting must be included in the grantee's current season brochure, the performance program, and any other promotional materials. Copies of these materials must be sent in with the final report. Grantees must clearly acknowledge support from the National Endowment for the Arts and WESTAF in their programs and related promotional materials. Final report support materials, such as season brochures and performance programs, may be submitted online or sent to WESTAF at: 1743 Wazee Street, Suite 300, Denver, CO 80202. Support materials that are mailed to WESTAF must be received within 30 days of the submission of the online final grant report form. I Payment to the Artist: TW201400306 Page 2 of 4 CFDA number: 45.025 The above artistic fees shall be paid directly to the artist/company (or designated representative) by the presenter as per the artist-presenter contract. Change Requests: If any dates, fees, and/or activities change at any time from those listed above, the presenter must notify WESTAF in writing via email to staff@westaf.org within 30 days of the change and provide an updated artistic contract. NOTE: Changes in plans may affect award amounts and must meet the goals and review criteria of the TourWest program. Failure to meet these requirements will result in the forfeiture of the grant award. Required Credit: Grantees must clearly acknowledge support from the National Endowment for the Arts, WESTAF and their state arts agency in the programs and related promotional materials. Acknowledgement should be given in text and graphically by using the NEA and WESTAF logos. Copies of both the WESTAF and NEA logos may be found at http7//www westaf.org/ rg ants. Alternately, copies of these logos may be requested via email by calling 303.629.1166. Acknowledgment of the National Endowment for the Arts, WESTAF and the grantee's state arts agency can be phrased in a variety of ways: For example: Funding for the Commission and its programs is provided by the Western States Arts Federation and the National Endowment for the Arts. This project received support from [Grantee's State Arts Agency]; WESTAF, the Western States Arts Federation; and the National Endowment for the Arts. Compliance: All information and conditions contained in the 2014-2015 TourWest guidelines are in herein. By signing this contract, the presenter agrees to comply with Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 ("ADA") (42 U.S.C. 12101- 12213); the Age Discrimination Act of 197S (42 U.S.C. 6101 et seq,); Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); and The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq. And 45 C.F.R. pt. 1154); as well as all regulations of the National Endowment for the Arts issued pursuant to these statutes; and the applicant thereby gives assurance to immediately take any measures necessary to comply. Compliance is mandatory with all requirements, paperwork, and related time lines as described herein; failure to do so may jeopardize current and/or future funding from WESTAF. i TW201400306 Page 3 of 4 CFDA number: 45.025 We the undersigned understand and will comply with the terms of this contract. City of Kent Arts Commission WESTAF (Western States Arts Federation) 220 4th Avenue South 1743 Wazee Street, Suite 300 Kent, Washington 98032 Denver, CO 80202 Grantee (Presenter)/Address WESTAF/Address: please write in any corrections above May 30, 2014 Authorized Signature for Presenter/Date Authorized Signature for WESTAF/Date i�o)VA_ �� etalwyy pa qnaM Seyan Lucero/Associate Director Print Name/Title j �,U;- Print Name/Title Z)h _ _ 501,G QO50 Phone: 303.629.1166 * Fax: 303.629.9717 i-)i (tl—bL /<fA't�LJc+- E-mail: seyan,lucero@westaf.org Phone/Fax/E-mail Phone/Fax/E-mail Tax ID Number Please return the signed contract within 30 days to; WESTAF, 1743 Wazee St, Suite 300, Denver, CO 80202 Attn: TourWest Phone: 303.629.1166 * Fax: 303.629,9717 * E-mail: andy.thomas@westaf.org TW201400306 Page 4 of 4 CFDA number: 45.025 KENT....,o Agenda Item: Consent Calendar — 73 �. _ � TO: City Council DATE: July 1, 2014 SUBJECT: Ordinance to Establish a Parks and Recreation Commission - Adopt MOTION: Adopt Ordinance No. , to establish a Parks and Recreation Commission. SUMMARY: The parks, trails and programs provided by the City touch the lives of tens of thousands of residents each year. Effective delivery of those services and stewardship of public spaces relies on direct communication with our residents and customers. Although this communication happens in a wide variety of ways, another means for more formal interaction would be through a Parks and Recreation Commission. Through previous discussions it has been determined that the Mayor, City Council and Department Staff all concur that the formation of a Kent Parks and Recreation Commission is needed and will be an effective way for residents to interact directly with staff on numerous strategic planning efforts that influence the public parks and recreation system. A draft Ordinance was presented and discussed at the May Parks and Human Services Committee meeting. From the feedback given at that meeting, staff has made minor revisions to the draft and is presenting the ordinance for adoption. EXHIBITS: Ordinance RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Higgins - Fincher NAY: BUDGET IMPACTS: None This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, relating to parks, creating a new chapter 2.60 Kent City Code, and establishing a Parks and Recreation Commission. RECITALS A. The City of Kent Parks, Recreation, and Community Services Department supports and serves the community through its own programs and services and in cooperation with other agencies, building social capital, enhancing the quality of life, and fostering relationships. B. These services are an essential element to the livability, public health, safety, and welfare of Kent residents. C. The City of Kent has a vibrant parks and trails system that has been developed over the past fifty years. D. The system provides a rich and diverse spectrum of opportunities to an equally rich and diverse community. 1 Parks and Recreation Commission E. Ongoing communication and connection to that community is essential to ensure the system is fulfilling the needs of the residents of Kent. F. The City of Kent recognizes the value of citizen involvement in parks and recreation-related issues and finds it appropriate to establish a Parks and Recreation Commission for guidance and assistance in parks and recreation priorities and services in an advisory capacity. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Title 2 of the Kent City Code is amended to adopt a new Chapter 2.60, entitled "Parks and Recreation Commission" as follows: Chapter 2.60 Parks and Recreation Commission Sec. 2.60.010. Parks and Recreation Commission created. The city of Kent Parks and Recreation Commission is hereby created. The Parks and Recreation Commission shall serve in an advisory capacity to the mayor, city council, and city staff. Sec. 2.60.020. Membership, terms, residence requirements. A. Number of Members. The Parks and Recreation Commission shall consist of sixteen appointed members, each of whom shall be appointed by the mayor and confirmed by the city council. 2 Parks and Recreation Commission B. Terms of office. The term of office for commissioners shall be for three years, except for the initial terms as provided below, and commissioners may only serve two consecutive terms. The term of office of the first four commissioners appointed and confirmed shall expire December 31, 2015; the term of the second six commissioners appointed and confirmed shall expire December 31, 2016; the term of office of the final six commissioners appointed and confirmed shall expire December 31, 2017. When a vacancy occurs on the Parks and Recreation Commission, appointment for that position shall be for three years, or for the remainder of the unexpired term, whichever is the shorter period of time. C. Residence Requirements. At least ten persons appointed to serve on the Parks and Recreation Commission shall reside within the corporate limits of the city. To the extent practicable, appointment shall reflect a balance and diversity of residents, users of and interests in Kent's Parks and Recreation Services, and shall include not more than two youth representatives of high school age who live within the city's municipal boundaries. D. Removal. Members of the Parks and Recreation Commission shall be removed for unexcused absence from more than three consecutive regular meetings, or may be removed by a majority vote of the entire Parks and Recreation Commission for neglect of duty, conflict of interest, malfeasance in office, or other just cause. The decision of the Parks and Recreation Commission shall be final and there shall be no appeal. Sec. 2.60.030. Organization and meetings. A. Election of Officers. The Parks and Recreation Commission shall elect from among its members a chair, who shall preside at all meetings, 3 Parks and Recreation Commission and a vice chair, who shall preside in the absence of the chair. The chair and vice chair shall be elected annually. A majority of the Parks and Recreation Commission members shall constitute a quorum for the transaction of business and a majority vote of those present shall be necessary to carry any motion. B. Rules and Regulations. The Parks and Recreation Commission shall adopt bylaws, rules, and regulations as necessary for the conduct of its business. C. Meeting Schedule. The Parks and Recreation Commission shall provide a regular meeting schedule, including time, place, and frequency of meetings as necessary, but no less frequent than once a month. The Parks and Recreation Commission may, from time to time, provide for special meetings in accordance with RCW 42.30. All meetings shall be open to the public, in accordance with RCW 42.30, the Open Public Meetings Act. D. Documentation. The Parks and Recreation Commission shall adopt such procedures to insure minutes of the meeting are recorded and a monthly summary of minutes of meetings are recorded along with all decisions. Sec. 2.60.040. Duties and Responsibilities. The Parks and Recreation Commission shall be an advisory board to the mayor, city council, and city staff and responsible for providing guidance concerning the following matters: a. Comprehensive parks and trails planning. b. Priorities for the acquisition of land and/or facilities. 4 Parks and Recreation Commission c. Development, design, and operation of parks and recreation programming and facilities. d. Capital improvements planning. e. Regulations and restrictions governing the hours of park and facilities use. f. Concessions. g. Contracts, interlocal agreements, and lease agreements regarding parks and recreation activities. h. Other matters that may be referred to the Parks and Recreation Commission by the mayor or city council. SECTION 2, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and the same shall maintain its full force and effect. SECTION 3, — 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 numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4, — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication as provided by law. SUZETTE COOKE, MAYOR 5 Parks and Recreation Commission ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR FITZPATRICK, ACTING CITY ATTORNEY PASSED: day of 12014. APPROVED: day of 12014. PUBLISHED: day of 12014. 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 P,C,v1vorffi­ceTwds Co—onaocx 6 Parks and Recreation Commission KENT....,o Agenda Item: Consent Calendar - 7K �. _ � TO: City Council DATE: July 1, 2014 SUBJECT: Excused Absence for Councilmember Jim Berrios - Approve MOTION: Approve an excused absence for Councilmember Berrios as he is unable to attend the City Council meeting of July 1, 2014. SUMMARY: Councilmember Berrios is unable to attend the City Council meeting of July 1, 2014. RECOMMENDED BY: Council President Ralph YEA: N/A NAY: N/A BUDGET IMPACTS: N/A This page intentionally left blank. KENT Agenda Item: Other Business — 8A TO: City Council DATE: July 1, 2014 SUBJECT: Public Safety Bond Ordinance - Adopt MOTION: Adopt Ordinance No. , providing for an election to authorize the City to issue general obligation bonds not to exceed $34,000,000 to construct and equip a new police headquarters and related training facilities, and to levy excess property taxes to pay the bonds. SUMMARY: The City of Kent, Washington (the "City") currently owns and operates a former library, which was remodeled over 20 years ago to serve as a short-term location for the City's police headquarters. When the city remodeled the library for this public safety building in 1991, the city planned to accommodate approximately 85 officers. Now, the City's current police force includes 144 commissioned officers with planned growth to approximately 160 officers by 2017. These commissioned officers do not include any of the staff that operate the city's municipal jail, nor do they include administrative staff, police records specialists, or evidence custodians and technicians. Because of limited space availability, police officers, detectives, and support staff are scattered among 4 different buildings. In the current police station, police officers do not have enough locker space; there is insufficient room to store gear, including life- protecting equipment such as bullet-proof vests; the "ready room" space for SWAT and special forces mobilization is too small to adequately prepare for safety missions; training rooms are undersized; the briefing room for oncoming police shifts is too small to accommodate the staffing and briefing for special operations; officers and support staff are stacked 2-3 persons per cubicle; and even broom closets have been converted to office space. This overflow of staffing and separation of police department personnel among four different locations significantly impedes good communication. This particularly affects one of the department's most important public safety initiatives, "Intelligence Led Policing," which is a key strategy to effectively address crime and quality of life issues in Kent. Intelligence Led Policing is an innovative, best practices model that utilizes intelligence and data from citizens, informants, police reports, and calls for service to deploy police resources to high crime areas and to focus on high impact offenders. Crime trends, community concerns and quality of life issues can be quickly identified and resources mobilized when this information is known. This model provides for a safer community when officers, detectives and crime prevention staff can effectively communicate. A single location where police staff can work together and meet on a frequent basis leads to an improved ability to solve crimes. The Kent City Jail is an older facility that houses offenders that pose a risk to our community. An estimated 50% of the inmates have diagnosed mental health issues. The current jail does not have the mental health crisis cell capacity to effectively and safely secure the mentally ill and those in personal crisis. Passage of the bond would enable the city to construct additional crisis cells. Also, the city would replace wiring and plumbing within the jail facility, extending its life for about 30 more years. The city needs to double the size of its twenty-five year old firearms training facility to provide realistic training scenarios using current best practices for critical incidents, including situations involving active shooters. The City desires to address the insufficient capacity, crowding and inefficiencies of its current facility through the construction of new police headquarters on the site of the temporary location, together with related training facilities and other improvements (the "Public Safety and Training Facilities"). To finance costs of the Public Safety and Training Facilities it is deemed necessary and advisable that the City issue and sell its unlimited tax general obligation bonds in the aggregate principal amount of not to exceed $34,000,000 (the "Bonds"), to be paid from an excess property tax levy. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YAY: NAY: BUDGET IMPACTS: ORDINANCE NO. _ AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the submission to the qualified electors of the City at an election to be held on November 4, 2014, of a proposition authorizing the City to issue its general obligation bonds in the aggregate principal amount of not to exceed $34,000,000 to construct and equip new public safety and officer training facilities, and levy excess property taxes to pay the bonds. RECITALS A. The City of Kent, Washington (the "City") currently owns and operates a former library, which was remodeled over 20 years ago to serve as a short-term location for the City's police headquarters. B. At the time the City's police department moved its headquarters to this location, the department included approximately 85 officers. C. When the City remodeled the library for this public safety building in 1991, the City planned to accommodate approximately 85 officers. Now, the City's current police force includes 144 commissioned officers with planned growth to approximately 160 officers by 2017. These commissioned officer numbers do not include any of the staff that 1 Public Safety Bond Ordinance operates the Kent City Jail, nor do they include administrative staff, police records technicians, or evidence custodians and technicians. D. Because of limited space availability, police officers, detectives, and support staff are scattered among four different buildings. In the current police station, police officers do not have enough locker space; there is insufficient room to store gear, including life-protecting equipment such as bullet-proof vests; the "ready room" space for SWAT and special forces mobilization is too small to adequately prepare for safety missions; training rooms are undersized; the briefing room for oncoming police shifts is too small to accommodate the staffing and briefing for special operations; officers and support staff are stacked two or three persons per cubicle; and even broom closets have been converted to office space. E. This overflow of staffing and separation of police department personnel among four different locations significantly impedes good communication. This particularly affects one of the department's most important public safety initiatives, "Intelligence Led Policing," which is a key strategy to effectively address crime and quality of life issues in Kent. Intelligence Led Policing is an innovative, best practices model that utilizes intelligence and data from citizens, informants, police reports, and calls for service to deploy police resources to high crime areas and to focus on high impact offenders. Crime trends, community concerns and quality of life issues can be quickly identified and resources mobilized when this information is known. This model provides for a safer community when officers, detectives and crime prevention staff can effectively communicate. A single location where police staff can work together and meet on a frequent basis leads to more effective communication and an improved ability to solve crimes. F. The Kent City Jail is an older facility that houses offenders that pose a risk to our community. An estimated 50% of the inmates 2 Public Safety Bond Ordinance have diagnosed mental health issues. The current jail does not have the mental health crisis cell capacity to effectively and safely secure the mentally ill and those in personal crisis. Passage of the bond would enable the city to construct additional crisis cells. Also, the city would replace wiring and plumbing within the jail facility, extending its life for about 30 more years. G. The city needs to double the size of its twenty-five year old firearms training facility to provide realistic training scenarios using current best practices for critical incidents, including situations involving active shooters. H. The City desires to address the insufficient capacity, crowding, impediments to effective communication, inefficiencies and other short-comings of the short-term location through the construction of new police headquarters on the site of the temporary location, together with related training facilities and other improvements (the "Public Safety and Training Facilities"). I. To finance costs of the Public Safety and Training Facilities it is deemed necessary and advisable that the City issue and sell its unlimited tax general obligation bonds in the aggregate principal amount of not to exceed $34,000,000 (the "Bonds"). J. The Constitution and laws of the State of Washington provide that the question of whether such Bonds may be issued and sold for such purposes and taxes levied to pay such Bonds must be submitted to the qualified electors of the City for their ratification or rejection. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: 3 Public Safety Bond Ordinance ORDINANCE SECTION 1, - FINDINGS. The City Council hereby finds that the best interests of the residents of the City require the City to design, construct, improve, furnish, and equip the Public Safety and Training Facilities as identified in Exhibit A, which is incorporated herein by this reference, at the time, in the order and in the manner deemed most necessary and advisable by the City Council. The total cost of the Public Safety and Training Facilities is expected to not exceed $34,000,000. The cost of all necessary appraisals, negotiation, closing, architectural, engineering, financial, legal and other consulting services, inspection and testing, demolition, administrative and relocation expenses and other costs incurred in connection with the foregoing capital improvements shall be deemed a part of the capital costs of such improvements. Such improvements shall be complete with all necessary equipment and appurtenances. The City Council shall determine the exact specifications for the Public Safety and Training Facilities, and the components thereof, as well as the timing, order and manner of completing the components of the Public Safety and Training Facilities. The City Council may alter, make substitutions to, and amend such components as it determines are in the best interests of the City and consistent with the general descriptions provided herein. The City Council shall determine the application of moneys available for the various Public Safety and Training Facilities so as to accomplish, as nearly as may be, all of the Public Safety and Training Facilities. If the City Council shall determine that it has become impractical to design, construct, improve, renovate, acquire, or equip all or any component of the Public Safety and Training Facilities by reason of changed conditions, incompatible development, costs substantially in 4 Public Safety Bond Ordinance excess of the amount of Bond proceeds or tax levies estimated to be available, or acquisition by a superior governmental authority, the City shall not be required to provide such component or components. If all of the Public Safety and Training Facilities have been constructed or acquired or duly provided for, or found to be impractical, the City may apply the Bond (as defined in Section 2) proceeds (including earnings thereon) or any portion thereof to other public safety capital purposes or to the redemption of the Bonds as the City Council, in its discretion, shall determine. In the event that the proceeds from the sale of the Bonds, plus any other money of the City legally available therefor, are insufficient to accomplish all of the Public Safety and Training Facilities, the City shall use the available funds for paying the cost of those portions of the Public Safety and Training Facilities deemed by the City Council most necessary and in the best interest of the City. SECTION 2, - AUTHORIZATION OF BONDS. For the purpose of providing all or a part of the funds necessary to pay the costs of the Public Safety and Training Facilities, together with incidental costs and costs of issuance of the Bonds, the City shall issue and sell its unlimited tax general obligation bonds in the aggregate principal amount of not to exceed $34,000,000 (the "Bonds"). The Bonds shall be issued in an amount not exceeding the amount approved by the electors of the City and not exceeding the amount permitted by the constitution and laws of the State of Washington. The balance, if any, of the cost of the Public Safety and Training Facilities shall be paid out of any other legally available funds. The Bond proceeds (and earnings thereon) shall be used to pay the costs of the Public Safety and Training Facilities, together with incidental costs and costs related to the sale and issuance of the Bonds, and shall not be used for the replacement of equipment or for a purpose other than a capital purpose. 5 Public Safety Bond Ordinance SECTION 3, - DETAILS OF BONDS. The Bonds provided for in Section 2 hereof shall be issued in such amounts and at such time or times as deemed necessary and advisable by the City Council and as permitted by law. The Bonds may be issued in one or more series and shall bear interest payable at a rate or rates authorized by the City Council. The Bonds shall mature in such amounts and at such times within a maximum term of 20 years from date of issue of a series, all as authorized by the City Council and as provided by law. The Bonds shall be unlimited tax general obligations of the City and, unless paid from other sources, both principal of and interest on the Bonds shall be payable out of annual tax levies to be made upon all the taxable property within the City without limitation as to rate or amount and in excess of any constitutional or statutory tax limitations. The exact date, form, terms, maturities, covenants and manner of sale of the Bonds shall be as hereafter fixed by ordinance or ordinances of the City Council. After voter approval of the Bond proposition and in anticipation of the issuance of such Bonds, the City may issue short-term obligations as authorized by chapter 39.50 RCW. SECTION 4, - BOND ELECTION. It is hereby found that the best interests of the inhabitants of the City require the submission to the qualified electors of the City of a proposition authorizing the City to issue Bonds for the purposes of funding the Public Safety and Training Facilities, at an election to be held on November 4, 2014. King County Elections, as ex officio supervisor of elections in King County, Washington, is hereby requested to assume jurisdiction of and to call and conduct the election to be held within the City and to submit to the qualified electors of the City the proposition hereinafter set forth. Such election shall be conducted by mail. 6 Public Safety Bond Ordinance The City Clerk is hereby authorized and directed, prior to August 5, 2014, to certify the proposition to the Director of King County Elections, Washington in substantially the following form: CITY OF KENT PROPOSITION NO. _ GENERAL OBLIGATION PUBLIC SAFETY AND TRAINING FACILITIES BONDS The City Council of the City of Kent adopted Ordinance No. __ concerning a proposition for public safety and officer training facilities. This proposition authorizes public safety improvements — constructing and equipping new police headquarters, improving the firearms training range, improving the city's jail, and completing other training and public safety facilities — to be funded through the issuance of up to $34,000,000 in city general obligation bonds, maturing within 20 years, and annual property tax levies in excess of regular property tax levies, as needed to repay the bonds (estimated average levy rate of about 19 cents per $1,000 assessed value). Should this proposition be: APPROVED?.............. REJECTED?............... 7 Public Safety Bond Ordinance Certification of this proposition by the City Clerk to the Director of King County Elections, Washington, in accordance with law, prior to the date of such election, and any other acts consistent with the authority, and prior to the effective date, of this ordinance, are hereby ratified. SECTION S. - RATIFICATION. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. SECTION 6, - EFFECTIVE DATE. This ordinance shall take effect five days after its publication as provided by law. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington this I't day of July, 2014. By Suzette Cooke, Mayor ATTEST: Ronald F. Moore, City Clerk APPROVED AS TO FORM: PACIFICA LAW GROUP LLP Bond Counsel B Public Safety Bond Ordinance Exhibit A Public Safety and Training Facilities Project - design, construct and equip new police headquarters (including removing the existing police headquarters); - add cells at City jail, including for inmates with mental health issues, and replumb and rewire City jail; - increase capacity of City firearms training range; and - design, construct and equip related public safety and training facilities. 9 Public Safety Bond Ordinance CERTIFICATE I, the undersigned, City Clerk of the City of Kent, Washington, and keeper of the records of the City Council, DO HEREBY CERTIFY: 1. That the attached Ordinance is a true and correct copy of Ordinance No. _ of the City (the "Ordinance"), as finally adopted at a regular meeting of the City Council held on July 1, 2014, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that quorum of the City Council was present throughout the meeting and a legally sufficient number of members of the City Council voted in the proper manner for the adoption of said Ordinance; that all other requirements and proceedings incident to the proper adoption or passage of said Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. Dated this day of July, 2014. CITY OF KENT, WASHINGTON Ronald F. Moore, City Clerk 10 Public Safety Bond Ordinance CITY OF KENT OFFICIAL BALLOT November 4, 2014 INSTRUCTION TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the word "APPROVED?"; to vote against the following proposition, place a cross (X) in the square opposite the word "REJECTED?." CITY OF KENT 11 Public Safety Bond Ordinance PROPOSITION NO. GENERAL OBLIGATION PUBLIC SAFETY AND TRAINING FACILITIES BONDS The City Council of the City of Kent adopted Ordinance No. __ concerning a proposition for public safety and officer training facilities. This proposition authorizes public safety improvements - constructing and equipping new police headquarters, improving the firearms training range, improving the city's jail, and completing other training and public safety facilities - to be funded through the issuance of up to $34,000,000 in city general obligation bonds, maturing within 20 years, and annual property tax levies in excess of regular property tax levies, as needed to repay the bonds (estimated average levy rate of about 19 cents per $1,000 assessed value). Should this proposition be: APPROVED?.............. ❑ REJECTED?............... ❑ P\ov,1\ob,nan,,\Pue1,«af�, El,�-Ord-n-d- 12 Public Safety Bond Ordinance KENT Agenda Item: Bids — 9A TO: City Council DATE: July 1, 2014 SUBJECT: Kentview Sanitary Sewer Interceptor - Award MOTION: Move to award the Kentview Sanitary Sewer Interceptor to Scarsella Brothers, Inc. in the amount of $983,669.18 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: This project includes the installation of new sanitary sewer pipe along the Green River adjacent to Frager Road to allow the elimination of the Kentview sanitary sewer pump station. The new sewer pipe will be set back from the river as far as possible to allow for future levee improvements. This project consists of installing sanitary sewer pipe, ductile iron sanitary sewer pipe, side sewer pipe and ten 48-inch diameter manholes. This project also includes traffic control, temporary erosion and sedimentation control, restoration and various appurtenances. Construction is anticipated to begin this summer and be completed this fall. EXHIBITS: Memorandum, dated June 24, 2014 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: This contract will be funded out of the Sewer Fund. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy ]. LaPorte, P.E., Public Works Director N.147 KENT Address: 400 West Gowe Street bVPSAINO-0N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: June 24, 2014 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Kentview Sanitary Sewer Interceptor Bid opening for this project was held on Tuesday, June 24, 2014 with 7 bids received. The lowest responsible and responsive bid was submitted Scarsella Brothers, Inc., in the amount of $983,669.18. The Engineer's estimate was $1,167,406.88. The Public Works Director recommends awarding this contract to Scarsella Brothers Inc. Bid Summary 01. Scarsella Brothers Inc. $983,669.18 02. R.L. Alia Company $1,220,022.72 03. Rodarte Construction, Inc. $1,257,883.99 04. Goodfellow Brothers Inc. $1,397,371.11 05. Northwest Cascade, Inc. $1,512,891.42 06. Frank Coluccio Construction Co. $1,720,100.46 07. James W. Fowler Co. $1,866,016.88 Engineer's Estimate $1,167,406.88 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. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION This page intentionally left blank.