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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 1/16/2018adccW18328 CITY OF KENT Council MeetingAgenda Mayor Dana Ralph Council President Bill Boyce Councilmembers Tina Budell Brenda Fincher Satwinder Kaur Les Thomas Toni Troutner Dennis Higgins January 16, 2018 This page intentionally left blank. KENT CITY COUNCIL AGENDAS January 16, 2018 Council Chambers Mayor Dana Ralph Council President Bill Boyce Councilmember Tina Budell Councilmember Dennis Higgins Councilmember Brenda Fincher Councilmember Les Thomas Councilmember Satwinder Kaur Councilmember Toni Troutner ******************************************************************** WORKSHOP AGENDA 5 p.m. Subject Speaker Time Public Works Operations Teams Operations Staff 15 min Transportation Sustainability Public Works Staff 75 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Torklift Central Turkey Challenge C. Proclamation for Human Trafficking Awareness Day D. Community Events E. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF 6. PUBLIC HEARING 7. PUBLIC COMMENT - If you wish to speak to the Council, please sign up at the City Clerk’s table adjacent to the podium. When called to speak, please state your name and address for the record. You will have up to three 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. 8. CONSENT CALENDAR A. Minutes of January 2, 2018, Workshop and Council Meetings – Approve B. Transportation Improvement Board Grant Agreement for 132nd Avenue S.E. Walking Path from 240th to 248th Street – Authorize C. WaterWorks Grant Agreement with King County for the Lake Fenwick Aerator Upgrade Project- Authorize D. Watershed Management Grant Agreement with King County for the Downey Farmstead Restoration Project – Authorize E. WaterWorks Grant Agreement with King County for the Green River Watershed Center, Design and Analysis Project – Authorize F. 2017 Paint Line Striping and Raised Pavement Markers Project – Accept as Complete G. Habitat Conservation Measure 6 Project – Accept as Complete H. Horseshoe Bend Levee Storm Outfall Pipe Slip-Lining Project – Accept as Complete I. South 212th Street and 72nd Avenue South Intersection Improvements Project – Accept as Complete 9. OTHER BUSINESS 10. BIDS A. Kent Memorial Park Play Area Renovation and Wiffle® Ball Field Installation – Award B. Lake Meridian Park Bathhouse Remodel – Award C. 2018 Traffic Sign Replacement Project – Award D. 640 Pressure Zone PRV North Project – Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Potential Litigation, as per RCW 42.30.110(1)(i) 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. 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 A) Public Works Operations Teams/Operations Staff B) Transportation Sustainability/Public Works Staff This page intentionally left blank. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Torklift Central Turkey Challenge C) Proclamation for Human Trafficking Awareness Day D) Community Events E) Public Safety Report This page intentionally left blank. REPORTS FROM COUNCIL AND STAFF Mayor Ralph: Administration: Council President Boyce: Councilmember Budell: Councilmember Kaur: Councilmember Higgins: Councilmember Troutner: Councilmember Thomas: Councilmember Fincher: This page intentionally left blank. Page 1 of 10 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 01/16/18 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, January 16, 2018 The Chief Administrative Officer’s report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • The Kent City Council’s 2018 retreat is scheduled for February 2-3 at Lake Wilderness Lodge in Maple Valley. The Falconer Group’s Jim Reid again will facilitate the retreat, which will run from Friday afternoon through Saturday. He is working with the council president, councilmembers, mayor, and CAO to create an agenda, which will be available the week before the retreat. • The council’s Public Safety Committee met January 9 to review a draft resolution that would call an April 24 election on the proposed Police & Criminal Justice ballot measure. The committee would need to make a recommendation to the council, and the council would need to adopt a resolution, prior to February 24. • The communications manager position was advertised last week. The position has been vacant since Michelle Wilmot transferred to the Economic & Community Development Department in October. We’re thankful for marketing consultant and Kent resident Dana Neuts, who has been handling communications responsibilities for the last three months. • Kent4health is kicking off the Mile 4 Smiles Challenge at ShoWalk on February 5. The four month challenge is designed to encourage participants to step up their health by improving in areas of blood pressure, glucose, and/or physical activity. • Kent4Health is coordinating the Journey to Wellness again at the Kent Parks & Recreation free community You Me We event on January 26 at accesso ShoWare. The “journey” located on the upper level consists of health related hands-on activities for the whole family. Communications • Shadowbrook Ridge and Kent Downtown Partnership neighborhoods were formally recognized by the Neighborhood Program at the last City Council meeting on Tuesday, January 2. There are 36 recognized neighborhood councils throughout the City. • The neighborhood program coordinator and transportation staff are working together to address spillover parking from Sound Transit in the Mill Creek neighborhood. Staff will be meeting with the Mill Creek residents to discuss which streets commuters are parking on and whether a Residential Parking Zone needs to be established. Page 2 of 10 • Kent’s neighborhood program coordinator met with Cedar Meadows neighborhood on Sunday, January 7 to present the Neighborhood Program and share the benefits it has to offer. • The Community Engagement Coordinator will facilitate a meeting between the Kent School District, the Iraqi Community Center and the Cultural Communities Board. The meeting is part of an effort to improve communications between the school district and the city’s culturally and linguistically diverse populations. • The Community Connections transportation project is back on track. The first stakeholder recruitment emails were sent out this week. The goal is to have 10-12 businesses and 3-5 community based organizations represented in the steering committee. The first meeting is tentatively scheduled to occur between February 14 and 28, 2018. • The Community Engagement coordinator has agreed to be the volunteer coordinator for the Kent International Festival. ECONOMIC AND COMMUNITY DEVELOPMENT Long Range Planning Services • Staff has been working with public works, development engineering and current planning on important implementation details related to Meet Me on Meeker. Topics of discussion that have been resolved include lighting analysis comparison for Marquee on Meeker, bollard installation method and placement, and interim driveway design specifications. Staff also continues to coordinate with consultants to resolve these engineering details for the final document, as well as with the development team for Marquee to ensure a quality product that will catalyze the transformation of the corridor. • Staff has started planning spring workshops with Kent Elementary School to help envision the frontage along the school property. Scheduled to take place in March, the workshops will feature engagement for the whole family on how Meeker Street and the school’s outdoor play area can work together to become a more safe and welcoming place. • Staff has been using a fine-toothed comb to review a bevy of Sound Transit documents such as the Development Agreement template, dozens of Project Requirements, as well as “issue sheets” which codify many months of negotiations between staff for the development agreement. • Staff has begun work on 2018 work plan items including comprehensive plan amendments for three sites as well as impact fee coordination with the Federal Way school district. Additionally, staff has been appointed to the Inter-jurisdictional Team, meaning 2018 will also involve working with the Growth Management Planning Council on countywide land use issues that affect Kent. Building & Permit Center • Upcoming Projects o Kent Supportive Housing - Proposal to construct a multifamily building for supportive housing to meet the needs of individuals exiting homelessness. The building will consist of 80 total units (70 studios & 10 1-bedrooms). Thirty-six of those units will be housing for veterans and 44 units for homeless individuals who live with chronic mental illness and substance use. The ground floor spaces will include social service/management offices, a gym, multi- purpose community room w/computers for residential use, and an outdoor courtyard space. There will be 30 surface parking spaces on site. Page 3 of 10 o Islamic Center of Federal Way - Conversion of the existing residence into an Islamic gathering center. A parking lot including 52 stalls is also proposed to be constructed along with access to south 271st St. and south 272nd St. o Conagra Brands equipment room - Conagra proposes to construct an equipment room to house the new compressed air system. The new equipment is more efficient than the existing units and will allow the place to continue operations. The proposed equipment room would add 1000 sqft to the building footprint. The addition would be single story, type iii-b construction to match the current structurem with a manufacturing use classification (food processing). • Issued Projects o PAPE Machinery – Commercial addition and alteration, building and plumbing. • Total Permit Issued: 43 with value of $2,185,581.01 • Total Inspections - Passed: 206; Failed: 119; Continued: 34 FINANCE • The City of Kent’s Comprehensive Annual Financial Report (CAFR) for the fiscal year ended December 31, 2016 achieved the Certificate of Achievement for Excellence in Financial Reporting from the Government Officers Finance Association (GFOA). The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting. • The City successfully closed our 2017 “crossover” Revenue Bond refunding on December 28th. An incredible amount of work went into this effort but it was well worthwhile, the savings on the refunded bonds came to $871,357 or 5.9% over the life of the bonds. HUMAN RESOURCES Administration/LEAN/Community Outreach • Facilitated a citywide emergency preparedness meeting that included staff members from Parks, PD, Human Resources, Facilities, RFA Emergency Management and IT Departments. • Scheduling Innovate Academy Basic Training for February to cover the basics of process improvement, including how to create more efficient work area and develop work standards. • The City Attorney’s office and the building department are working together on a Lean for their code enforcement processes. • Held the January Cultural Community Conversation on January 10, featuring Mayor Dana Ralph. Benefits • Finalizing a highly successful Benefits Open Enrollment process. • Preparing for Affordable Care Act reporting. • Implementation of Non Rep Salary Survey results, COLA increases and minimum wage increases. • Implementation of the new Mandatory Sick Leave Regulations and drafting supervisors’ training on these changes • Finalizing the onboarding of the new Council Members and Mayor. Labor, Classification Compensation • Coordinating city policies for 2018 reviews and updates. • Processing multiple reclassification requests. Page 4 of 10 Recruitment • Oral Board interviews for the Record Specialist position were held on January 9-10. • Entry Level Police Officer and Entry Level Corrections Officer testing on Thursday, January 11. • Traffic Engineer III interviews are on January 12. • Lead Plans Examiner interviews were on January 10. • The Administrative Assistant I position in HR closed for applications on January 10; the Communications Manager position closes for applications on January 12, the Accounting Technician position in Customer Service closes in-house on January 16, and the Deputy Director positon in the Parks Department closes for applications on January 19. • Two Police Officers (one entry level and one lateral) have been hired and start January 16. Risk Management • The Risk Manager will be briefing the January 16 Ops Committee on the updated 2018 liability insurance program. INFORMATION TECHNOLOGY • City Administration o Resident Engagement System - This is a parallel project for Communications, along with eAlert Functionality, Resident Requests Systems and Resident Engagement System. o Resident Request Systems - Replace existing web requests functionality (provided by the WebQA) and extend to address Mobile App. • Finance - A/P Process and Workflow Automation - Define the end to end current workflow for AP. • Human Resources o HRMS/HRIS - Enterprise Learning Management System-Halogen - Provide a learning management system for Halogen. • Information Technology o Tiburon Server Isolation – CJIS - To move appropriate Tiburon virtual servers to a dedicated environment for CJIS audit compliance. o City Collaboration Documentation Tool - Implement a "Collaboration Tool" used to house and access all conversations, emails, and history for a project or document. o Identification and Authentication – CJIS - Replace the current remote assistance application (team viewer) to a solution that is FIPS 140-2 for CJIS audit compliance. • Police o Jail Inmate Look-Up Service – Enhancing JILS in order to provide additional data, better query options, increased frequency of data update, and better web security on the City of Kent Website. The JILS application page is the most visited page on our site. o DOL Photo Returns in CAD - Return DOL photos in MComm ACCESS lookup screen along with demographic information. • IT operational support for November 21, 2017 to December 5, 2017 - Number of Page 5 of 10 LAW • Staff handled several code enforcement hearings in December. • One code enforcement violator was criminally charged and sentenced to jail time (with additional time pending if he fails to comply by his review date in February). • Jury week began on January 8, with 10 cases still on the docket by mid-week. • Staff argued at the Court of Appeals that the City has jurisdiction to charge patronizing a prostitute against individuals who call or text an undercover officer located in Kent, even with it is not known where the suspect is located at the time of the offense. • The City Attorney’s office is in the process of completing its third grant application for the DUI Court. This may be the last grant allowed. • Staff assisted Doug Levy in the crafting of numerous pieces of legislation, including hearings related to property transfers, forfeiture statutes, and the payment of last wages to the surviving spouse of a government employee. Staff also provided feedback on other legislative proposals. PARKS, RECREATION, AND COMMUNITY SERVICES Cultural Programs • Spotlight Series featured an annual favorite, Magical Strings Celtic Yuletide Concert, at Kent-Meridian Performing Arts Center on December 3. A sold-out crowd of 350 attended this 31st annual event. • The annual Christmas Rush Fun Run 5k and 10k event was a great success on a cold, but dry December 9, with 1,486 people registered. This is 100 runners over last year. • The Kent Creates “Holiday Traditions” exhibit was open through December 31. People were encouraged to share their holiday traditions via photographs, recipes, videos of dances, short films, poems, painting, drawings, or any creative medium. The exhibit received 33 submissions. The Arts Commission will now vote on the top five, which will receive honorariums and be featured on the site’s home page. Senior Activity Center • The Senior Activity Center hosted the 12 Days of Goodness Kick-Off Celebration, an event presented by the 12 Days of Goodness organization and designed to bring joy to seniors during the holidays. Over 100 seniors had lunch, enjoyed Seahawks stories shared by Seahawk legends Jordan Babineaux and Dennis Boyd, vied for door prizes and visited with the Seahawks miniature therapy horse. After the event, the Legends signed autographs and posed for photos. • The Kent Firefighters Foundation sponsored, set up, served and cleaned up for the annual Christmas lunch. The sold out event featured a delicious ham dinner followed by an cappella concert of holiday tunes by the Smooth Tones. • December’s Be Well Workshops presented by Valley Cities Behavioral Health included tips on organizing your life to improve your health. Topics included “The Paper Challenge”, “Daily Schedules & Calendars”, “All That Stuff”, and “Future Planning”. Recreation • The Holiday Dance Recital took place on December 9 at the Kent-Meridian Performing Arts Center. Over 750 spectators enjoyed this annual holiday event during two sold out, standing room only performances. More than 150 dancers from 32 youth dance classes took to the stage. • The Kent Commons Community Center created and hosted the largest craft bazaar in Kent on December 1 and 2 with 106 local and regional craft vendors. This event attracted more than 2,000 shoppers, many of those staying downtown Kent to shop Page 6 of 10 and support the local economy. This is just one of many large regional trade shows hosted at Kent Commons throughout the year which encourage tourism to the city center. The 2017 yearend visitor count was 238,937; a monthly average of 19,911 people. Youth-Teen-Adaptive • Studio 315, a social club focusing on the interests and needs of persons with developmental disabilities, celebrated their annual Holiday Dinner on Friday, December 15 at the Kent Senior Activity Center. One hundred and ten (110) participants gathered for a full service sit down dinner with Christmas carols and stuffed animal gifts. This exciting evening was sponsored by Quota International of Kent Valley. A great time was had by all. • Holiday Day Camp offered kids, kindergarten through 6th grade, a safe and fun-filled two week experience jam packed with fun games and activities. Camp highlights included high energy, interactive group games that focused on fitness and sportsmanship along with a daily art experience that engaged campers in creating winter themed arts and craft projects they were able to take home. Campers rounded out each week with a trip to the movie theater. This popular winter break program was full with a participant waitlist. Human Services • Catholic Community Services will be applying to the Washington State Housing Finance Commission Credit in January for their proposed project on the West Hill of Kent. They are applying for the Commission's 9% Low-Income Housing Tax Credit Program (LIHTC), which allocates federal income tax credit to developers to encourage the construction and rehabilitation of affordable multifamily housing. The project is located at 3398 S 240th St and will be an 80-unit permanent supportive housing project for homeless individuals. Thirty-six of the units will be set aside as housing for veterans. The building is designed to meet the specific needs of individuals exiting homelessness. Catholic Community Services expects construction to begin in September 2018, with project completion slated for December 2019. • Catholic Community Services has applied for permits to add showers and laundry to their office space off of Washington to better serve our residents and homeless clients who are utilizing the Community Engagement Center. The Engagement Center is currently open Tuesdays and Thursdays from 1:00 to 4:00 p.m. Staff has been trying to identify additional hygiene services for homeless residents. Currently, women and children can shower at Kent Hope, while homeless men can shower weekly at Trinity Community Church. A mobile shower unit follows HOME, the rotating homeless men’s shelter, but it only has the capacity for a few showers each morning. Adding the services to CCS will provide another engagement point that will allow case workers to build relationships with individuals. The Engagement Center was opened in 2015 and they also provide a light lunch, computers, and confidential meeting space. POLICE Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions • Entry Level Officer Devin Hill started December 28. • Entry Level Officer Justin Campbell started January 2. • Officer Ian Kerr resigned January 2. • Lateral Officer Josh Hartman and Entry Level Officer Brandon Hamilton start January 16. • Lateral Officer Michael Saponara starts February 16. Page 7 of 10 Significant crime activities/arrests/investigations • December 12 - Officers responded to a CPR in progress of a 2 ½ month old child. Fire and Medics did what they could but were unsuccessful and the baby was pronounced dead. The baby was on a loose sleeping bag tummy down for 20 minutes and when the mother came back the baby was not breathing. Information during the investigation led detectives to believe the mother was reckless in the care of her infant which ultimately resulted in the infant’s death. The mother was arrested and booked. • December 21 - Officers responded to a DV where Dad pulled Mom’s hair and then he discharged his gun at mom. Dispatch indicated the suspect had left the house on foot; he was intoxicated, suicidal, former military, wearing a camo jacket, shorts and carrying the .45 caliber handgun. He had pointed the gun at the mother and then aimed the gun off to the side and fired at her feet hitting the floor. Renton k9 responded and started a track. We were able to reach the suspect via his phone and he offered to give up. He was taken into custody without incident. The gun was recovered and detectives were notified. • January 3 - Officers responded to a report of a male being shot in the area of 212th St and 64th Ave S. When they arrived, they discovered an unresponsive male with a gunshot wound to his upper torso. Lifesaving efforts by Officers and Medics were made; however, the 48-year-old Auburn man was later pronounced dead at the hospital. Preliminary information is that a verbal dispute escalated between the victim and another male known to him. This dispute resulted in the 22-year-old male shooting the victim and fleeing the scene. The believed shooter, a 22-year-old Auburn man, was located by Kent patrol units shortly thereafter. He was taken into custody. • January 7 - Officers were dispatched to a report of threats with a gun at Sam's Sports Bar. The suspect had warrants and was a convicted felon. The victim, a security guard, said he began working security at the front door of Sam's Sports Bar for the venue. After being let in the suspect looked the victim in the eye and quickly retrieved a small black semi-automatic handgun with his left hand and racked the slide of the gun. The victim quickly lunged towards the suspect and attempted to disarm the suspect while calling for help. After a brief struggle security personnel were able to take the firearm away and place the suspect into handcuffs before police arrived. As Officers interviewed other witnesses, they learned that the suspect had dated one of the bartenders, who was now dating the victim. The gun was placed into evidence and the suspect was booked into jail. • SOU located a transient camp behind the Chase Bank near 132nd Ave and Kent Kangley Rd. The camp was posted and the occupants were provided resources for assistance. The next day, they contacted Kent Human Services and were provided with bed space at the Auburn shelter. Major emphasis patrol • On January 9 through the 11 we provided security for City of Kent employees while they brought in the 4WD excavator and dump trucks to tear down the structures and remove all the garbage at the large encampment along the Frager Rd. Events and awards • We received 8th place in the country for our participation in National Night Out. Page 8 of 10 PUBLIC WORKS Design • S 224th St Project 88th to 94th – Property rights for two parcels remain. Condemnation filed on one parcel, working with owner’s attorney on the other parcel. Coordinating with permitting agencies to secure environmental permits. 90% design review anticipated late January. • S 228th St UPRR Grade Separation (and 228th Bikeway) – Condemnation proceedings anticipated to begin this month. Design wrapping up on water, storm, electrical, interurban trail connector and structural components. Wrapping up design checks, coordinating with WSDOT, utilities and incorporating comments from December design review. • East Valley Overlay – Received Local Agency Agreement from WSDOT obligating grant funds. 90% plans & specs submitted to WSDOT for review on January 9. Right- of-way or temporary construction easements are needed on eight parcels. Acquisition work is under way. • 2018 Residential Overlay – Prepared Complete Streets memo, coordinating with utilities and starting design. • SE 248th St. at YMCA – Met with ECD, Parks, YMCA and consultants on January 8 to discuss civil plans. Parks’ consultant will be submitting 248th street plans on January 16. Plans will then be submitted to utility companies to start design of undergrounding. • 132nd Ave SE (SE 240th to SE 248th) – PW Committee recommended approval to accept $640,640 of Transportation Improvement Board funding at their January 8 meeting. • Naden Avenue Access Improvements – Received channelization comments from WSDOT last week. Plans are being revised and will be resubmitted by January 19. Construction • LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1): o The closure of 88th Ave S between 93rd Pl S and 22401 88th Ave S will be in place until the end of July, 2019. o Shaft installation for Pier 2 in the median of SR 167 is complete. Crane demobilization is taking place at night this week and night work will cease for the next several weeks. Pier 2 Column construction will begin during the Week of January 15 in the daytime. o Pier 1, Shaft 1 excavation will begin during the daytime on Thursday this week. The smaller shafts in Pier 1 are expected to be completed at the rate of 2 shifts per shaft. Pier 3 will follow at the same scheduled production rate. • S 212th Way Overlay: The project is currently in Suspension. Raised Pavement Marker (RPM’s) installation was scheduled for January 10 installation to enhance visibility to the temporary lane striping during the wet winter months. • S 240th St Pathway Improvements – Green River Trail to Lakeside Boulevard: Cleanup and installation of gates to discourage pedestrians from walking on the levee is ongoing. Deficiencies have been identified on the installed handrail…we are working with the contractor to determine a solution. • Development/Permit Projects: o Manchester Ave Natural Gas Main Replacement – PSE is continuing to complete replacing existing underground natural gas main between Glenn Nelson Park and 40th Ave S on Hampton Way, Princeton Ave, Manchester Ave, Strattford Ct, Canterbury Ln, Highland Ave, and Yale Ct. Service connections are ongoing. Restoration will follow. Page 9 of 10 o SE 223rd Drive Ave Natural Gas Main Replacement – PSE has completed their replacement of the existing underground natural gas main on 223rd Drive between 111th Ave SE and 123rd Pl SE. Concrete repairs and asphalt patching is ongoing. A full grind and overlay to take place as weather permits. o SE 222nd St Natural Gas Main Replacement – PSE has completed their replacement of the existing underground natural gas main on 222nd St between 108th Ave SE and 116th Ave SE. Concrete repairs and asphalt patching is ongoing. A full grind and overlay to take place as weather permits. o LARC Sr. Housing – Frontage work and offsite improvements on Sipe St. are near completion. However the storm system installed for drainage on Sipe is being excavated and replaced due to nonconformance so this work is ongoing. o Arco / AM/PM – ROW improvements on both 116th Ave SE and SE 240th St. are ongoing. This work will continue through January. Intermittent lane closure will be in effect during this time. o Neighborhood at SE 259th and 129th Pl SE – PSE installed new underground power in December. Concrete and asphalt restoration are taking place in January. Land Survey & GIS • The Land Survey field staff has been mapping 132nd Ave SE, S. 268th St. for overlay and 116th Ave/254th St. Water Pressure Reducing Valve improvements. Survey Office staff has been writing legal descriptions, preparing exhibits and drafting surveys for recording. GIS staff has been working on software service agreements and Best Business Practices on the outward facing GIS Server implementation in March based upon peer feedback from the cities of Tacoma and Renton. GIS analyst staff continues working on the 2020 Census, fulfilling daily service requests, and continually updating the backlog of utility As-builts. Environmental • NPDES – Reviewing and preparing comments on Ecology’s draft 2019-2024 Municipal Stormwater Permit requirements. • King Conservation District (KCD) – Coordinating with KCD on a proposed tree canopy analysis of south King County. This will be funded by the KCD. • South Central Action Area Caucus Group (SCAACG) – Hosted a workshop on proposed Puget Sound Near Term Actions on January 10. • Muckleshoot Indian Tribe – Met with Muckleshoot fisheries staff on January 9 regarding capital projects and planting along the river. • Mill Creek Reestablishment – Pre-app meeting with the Corps and other regulatory agencies was on January 10. • Poverty Bay Protection District – Met with King County staff on a proposed protection district on January 8. The western portion of Kent, which drains west to Puget Sound, is proposed to be included in this district. Transportation • Staff is preparing the Transportation Sustainability presentation for the council workshop on January 16, 2018. • Signal tech crews are in the process of installing the multi-colored LED lights on the Meeker Street underpass. • Public Works met with the WSDOT consultants to discuss the SR 509 project and the proposed local match on January 11. • WSDOT is hosted a Local Roads Safety Plans Workshop on January 10. Staff will be in attendance in preparation for grant applications. Page 10 of 10 • The Puget Sound Regional Council is seeking public comment on the Draft Regional Transportation Plan which is due January 31, 2018. The 20-year plan is being reviewed and a comment letter is being prepared. This plan takes a regional approach to address transportation needs over the next 20 years to help address the increasing population in the Puget Sound Region. • A Request for Proposals for the Phase 1 update to the Transportation Master Plan is being developed by staff. Streets • The Street Maintenance crews will be performing asphalt sidewalk repairs at the 14800 block of Kent Kangley Road and hot patch repairs at 25950 130th Place SE and at 6th Ave and Harrison Street. Vegetation crews will be cleaning up a fallen tree located at Meeker Street and Russell Road and perform regular pond maintenance and tree removals at West Creek Meadows located at 116th Ave and the 21700 block. Sign crews will be installing and repairing signs at SE 243rd St and 102nd Pl SE, 121st Way SE and SE 208th St and S 236th St west of 64th Ave SE. Water • Water’s focus is on end of the year reporting for regulating agencies. Maintenance activities include hydrant operations, galvanized service line research for upgrades needed prior to the 2018 road paving projects, and January wellhead protection monitoring. Utilities • Sewer: The Sewer Section will be cleaning lines that are 10 years or older and doing change outs city wide. They will also be performing regular station maintenance. The vactor trucks will be cleaning the existing city sewer lines. • Storm: Crews will be doing NPDES cleaning at 248th Street and 124th Avenue and Willis and 4th Avenue. NPDES will also be pumping at 132nd St and SE 230th Street. Storm crews will be digging out a ditch at 256th Street and Military Road. Fleet/Warehouse • The Radio shop continues work on programming radios, setting up the new John Deere Side arm tractor and radio maintenance. Fleet services continue work on scheduled maintenance and repairs, drop-in repairs and repairs on the snow and ice vehicles. # # # PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 8A_ CONSENT CALENDAR 8. City Council Action: Councilmember ________ moves, Councilmember ________ seconds to approve Consent Calendar Items A through I. Discussion Action 8A. Approval of Minutes. Approve Minutes of January 2, 2018, Workshop and Council Meeting This page intentionally left blank. Kent City Council Workshop January 2, 2018 Minutes Kent, Washington Pending Approval Date: January 2, 2018 Time: 5 p.m. Place: Council Chambers East/West Attending: Mayor Dana Ralph Bill Boyce, Council President Brenda Fincher, Councilmember Satwinder Kaur, Councilmember Les Thomas, Councilmember Toni Troutner, Councilmember Council President Boyce opened the meeting at 5:02 p.m. Agenda: Snow and Ice Event: Dave Brock, Deputy Director of the Public Works Operation Center, provided a recap of the snow and ice event and the City’s response that occurred on December 24 and 25, 2017. The PowerPoint presentation was reviewed with the council. Dave Brock and the council expressed their appreciation of the staff members for their work during this event. The total cost to respond to this event was approximately $40,000. Storm System Update Tim LaPorte, Public Works Director, Chad Bieren, Deputy Public Works Director, Dave Brock, Deputy Director of the Public Works Operations Center, and Mike Mactutis, Environmental Engineering Manager, provided an update on stormwater utilities, including a review of the watershed, Green River levee repairs and projects, and complex issues related to the Green River. Information was presented regarding FEMA flood maps, the Drainage Master Plan, Mill Creek drainage, local drainage improvements, natural resource enhancement, National Pollutant Discharge Elimination System permit, and utility rates. Mike also provided information regarding the City’s work on improving Lake Fenwick’s water quality, in addition to the South 212th Street roadway repair Phase II project that includes the relocation of Garrison Creek. Mike briefly reviewed environmental issues along the Green River regarding vegetation, temperature and Salmon habitat, Green River environmental restoration projects, and the Downey Farmstead restoration project. Dave Brock provided details regarding storm drainage maintenance needs, including stormwater problem spots, Earthworks Park and Garrison Creek sedimentation removal, Soosette Creek/124th Avenue culverts, issues caused by beavers, and vactor solids storage and disposal. Page 1 of 2 Kent City Council Workshop January 2, 2018 Minutes Kent, Washington Pending Approval Tim provided information regarding stormwater utility rates. Tim indicated the Signature Pointe levee project is a top priority. The meeting concluded at 5:56 p.m. Kimberley A. Komoto City Clerk January 2, 2018 Page 2 of 2 Kent City Council Regular Meeting January 2, 2018 Minutes Kent, Washington Pending Approval Date: January 2, 2018 Time: 7 p.m. Place: Council Chambers East/West Attending: Dana Ralph, Mayor Bill Boyce, Council President Brenda Fincher, Councilmember Satwinder Kaur Les Thomas, Councilmember Toni Troutner, Councilmember Agenda: 1. Call to Order The meeting was called to order at 7:03 p.m. with Mayor Ralph presiding. 2. Roll Call Mayor Ralph – Present Council President Boyce - Present Tina Budell, Councilmember – Absent Brenda Fincher, Councilmember – Present Satwinder Kaur – Councilmember - Present Les Thomas, Councilmember – Present Toni Troutner, Councilmember - Present Dennis Higgins, Councilmember, joined the Council following his appointment 3. Changes to the Agenda Derek Matheson, Chief Administrative Officer added item 7E, an excused absence for Councilmember Budell 4. Public Communications A. Oaths of Office Judge Karli Jorgensen performed the ceremonial swearing in of Mayor Dana Ralph, Councilmember Toni Troutner, and Satwinder Kaur. Judge Karli Jorgensen performed the official swearing in of Councilmember Brenda Fincher B. Council President Election Councilmember Thomas moved to elect “Bill” William Boyce as the council president for a two-year term, seconded by councilmember Fincher. The motion passed 5-0. Page 1 of 7 Kent City Council Regular Meeting January 2, 2018 Minutes Kent, Washington Pending Approval C. Consideration of Appointment of Dennis Higgins to Council Position #7 Council President Boyce moved to appoint Dennis Higgins to Council Position No. 7., Seconded by Toni Troutner. The motion passed unanimously with a 5-0 vote. Judge Karli Jorgensen performed the official swearing in of Councilmember Higgins for position No. 7. Councilmember Higgins made brief comments regarding his appreciation of being appointed to serve the remaining two-year term. D. Council Committee Appointments Council President Boyce detailed the following councilmember appointments to council committees: • Economic and Community Development Committee– Bill Boyce, Chair, Tina Budell, and Satwinder Kaur • Operations Committee – Les Thomas, Chair, Bill Boyce, and Dennis Higgins • Parks and Human Services Committee–Brenda Fincher, Chair, Satwinder Kaur, and Tina Budell • Public Safety Committee – Toni Troutner, Chair, Les Thomas, and Bill Boyce • Public Works Committee – Dennis Higgins, Chair, Toni Troutner, and Brenda Fincher • Puget Sound Regional Fire Authority – Bill Boyce, Toni Troutner, Les Thomas E. Public Recognition Councilmember Thomas recognized Jeff Wagner, the Mayor of the City of Covington, and State Representatives Mark Hargrove. Councilmember Thomas expressed his appreciation of the City’s Public Works snow crews for their work on Christmas Eve and Christmas day. F. Shadowbrook Ridge Neighborhood Council Toni Azzola, Neighborhoods Programs Coordinator, provided a brief overview of the program. Mayor Ralph presented representatives of the neighborhood council with a Certificate of Recognition. G. Kent Downtown Partnership Neighborhood Council Mayor Ralph presented representatives of the neighborhood council with a Certificate of Recognition. Page 2 of 7 Kent City Council Regular Meeting January 2, 2018 Minutes Kent, Washington Pending Approval H. Recognition of Street Adopter Groups Gina Hungerford, Conservation Specialist and Toni Donati, Assistant Conservation Specialist, recognized the 15 dedicated Adopt-a-Street Groups, that give their time and energy to make a difference in our community including the Craft Family, West Hill Neighbors, Cheri S.,VCCEA, Sikhs of Washington, Kent Litterbugs, Ingersoll Rand Crew, Saltair Hills Neighbors, Twisted Riderz, Chris LeCompte, Oberto Crew, Friends of Soos Creek, Kiwanis Group, Charles & Gwen Carston, Republic Services Crew, and Meridian Valley Country Club golfers. Gina indicated volunteers can sign up on the City’s website to be a volunteer. I. Proclamation for John Volken Academy Month Mayor Ralph presented representatives from the John Volken Academy with the proclamation for John Volken Academy Month. John Nagley, program director and Randy Klontz, provided a brief overview of the program and expressed their appreciation of the proclamation. J. Appointment to the Land Use and Planning Board Gwen Allen-Carston expressed her appreciation for the opportunity to serve on the Land Use and Planning Board. K. Kent School District Levy Presentation Dr. Calvin Watts, Superintendent of the Kent School District, provided information regarding the Special Election that will be held on February 13, 2018. Proposition 1 is a replacement educational programs and operations levy. Proposition 2 is a technology and capital levy. L. Community Events Council President Boyce advised up upcoming events at the accesso ShoWare Center. Councilmember Fincher advised January 26, 2018, “You, Me, We” festival that will be held at the accesso ShoWare Center. M. Economic and Community Development Update Ben Wolters, Economic and Community Development Director provided an update on economic development throughout the City. Blue Origin continues investment in Kent by purchasing additional property to expand their manufacturing capabilities. The City has moved forward with marketing the Naden property as the premier Kent valley hospitality opportunity. Page 3 of 7 Kent City Council Regular Meeting January 2, 2018 Minutes Kent, Washington Pending Approval Sonic Drive-In and Starbucks, anticipate a spring opening at 116th and Kent- Kangley Road. Ben provided a brief recap of the general fund revenue for 2017 generated from issued permits and plan check fees, that is $3m over budget. Ben indicated there is a strong regional demand for apartments. Ben indicated Kent has recently had prominent coverage in the Puget Sound Business Journal. M. Intergovernmental Reports Council President Boyce advised of the Sound Cities Association regional committees and the councilmembers assigned to each committee: • Children and Youth Advisory Board, Council President Boyce • Domestic Violence Initiative Regional Task Force, Councilmember Budell • Growth Management Planning Council, Councilmember Kaur • King Conservation District Advisory Committee, Councilmember Fincher • Mental Illness and Drug Dependency Oversight Committee King County, Councilmember Fincher • Puget Sound Clean Air Agency Advisory Council, Councilmember Kaur • Puget Sound Regional Committee Transportation Policy Board, Mayor Ralph • Regional Law, Safety and Justice Committee, Councilmember Troutner • Regional Transit Committee, Mayor Ralph • Economic Development Council of Seattle and King County, Council President Boyce 5. Public Hearing None. 6. Public Comment Timothy Brown, a Kent resident expressed his concerns over the council’s recent process in raising property taxes. Council President Boyce provided a brief review of the council’s discussion regarding the budget. Former City of Kent Mayor, Jim White expressed his appreciation of the council’s work and suggested the council do what they feel is in the best interest of the City, and to keep working to better the community and provide better service to the community. 7. Consent Calendar Council President Boyce moved to approve the Consent Calendar items A through E, seconded by Councilmember Thomas. The motion passed unanimously with a 6-0 vote. Page 4 of 7 Kent City Council Regular Meeting January 2, 2018 Minutes Kent, Washington Pending Approval A. Minutes of December 12, 2017, Workshop and Council Meeting, and Special Workshop of December 19, 2017 The minutes of the December 12, 2017, Workshop and Council Meeting, and Special Workshop of December 19, 2017 – were approved. B. Resolution Recognizing the Shadowbrook Ridge Neighborhood Council - Adopt Council adopted Resolution No. 1954, recognizing the Shadowbrook Ridge Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City’s neighborhood program. C. Resolution Recognizing the Kent Downtown Partnership Neighborhood Council - Adopt Council adopted Resolution No. 1955, recognizing the Kent Downtown Partnership Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City’s neighborhood program. D. Appoint Gwen Allen-Carston to the Land Use and Planning Board - Confirm Council confirmed the Mayor’s appointment of Gwen Allen-Carston to the Land Use and Planning Board. E. Excused Absence for Councilmember Budell – Approve The council approved the excused absence for Councilmember Budell. 8. Other Business None 9. Bids None 10. Reports from Standing Committees, Council and Staff Council President’s Report – Council President Boyce expressed his appreciation of the Public Works Operations team for their work during the recent snow and ice event on December 24, and 25, 2017. Council President Boyce advised of tonight’s Council Workshop presentation regarding the Public Works Department’s Storm Water Update. Mayor Ralph – Mayor Ralph indicated that her promise to the residents, business, and employees of the City to make every decision with their best interest in mind. She is committed to being accessible and visible to everyone so that she can make Kent even more amazing. Page 5 of 7 Kent City Council Regular Meeting January 2, 2018 Minutes Kent, Washington Pending Approval Administration – Derek Matheson, Chief Administrative Officer, advised of the Criminal Justice ballot measure that Mayor Cooke proposed to raise utility tax on private utilities. The measure would raise the utility tax from 6 to 8% on private utilities, electricity, natural gas, cable television and telephones (land line and cellular). The measure requires a simple majority approval that is anticipated to be on the April 24, 2018, election date. Staff is working on a resolution to call the election and to appoint pro and con committees to write statements for the voter’s pamphlet as well as finalize a proposed use of funds. The proposed timeline includes an “information only” update to the 1/9/18, Public Safety Committee. If the committee is comfortable with the plan, the City would advertise for pro and con committee members and finalize the proposed use of funds. Public Safety committee could bring forward for action at the 2/13/18 committee meeting and then to the City Council for action on 2/20/18. King County’s deadline is 2/24/18 to get the measure on the ballot, or schedule a special committee meeting in late January so that the committee and the council would have more time to work through the decisions. Derek advised there is no written report in the packet and there is no executives session tonight. Economic and Community Development – Council President Boyce advised that the next meeting is scheduled for January 8th. Operations – Councilmember Thomas advised that the next meeting is scheduled for January 18, 2018 at 4 pm. Parks and Human Services – Councilmember Fincher advised that the next meeting is scheduled for January 18, 2018, at 5 p.m. Public Safety – Councilmember Troutner advised that the next meeting is scheduled for January 9, 2018. Public Works – Councilmember Higgins advised that the next meeting will be a special meeting to be held on January 8, 2018, at 4 p.m. Puget Sound Regional Fire Authority – Councilmember Thomas indicated that there is no report. Page 6 of 7 Kent City Council Regular Meeting January 2, 2018 Minutes Kent, Washington Pending Approval 12. Adjournment Mayor Ralph adjourned the meeting at 8:27 p.m. Kimberley A. Komoto City Clerk January 2, 2018 Page 7 of 7 This page intentionally left blank. Agenda Item: Consent Calendar – 8B_ TO: City Council DATE: January 16, 2018 SUBJECT: Transportation Improvement Board Grant for 132nd Avenue SE Walking Path from SE 240th to SE 248th Street –Authorize SUMMARY: The City competed for and was successful in receiving a $640,640 grant from the Washington State Transportation Improvement Board for the 132nd Avenue Pedestrian Improvements Project from South 240th Street to South 248th Street. The grant finances 80% of the project to construct a continuous walkway from South 240th Street to South 248th Street, connecting pedestrians to the recently completed walkway from South 248th Street to Kent-Kangley Road. This project will maximize available funding to construct sidewalks or paved paths to provide the biggest benefit to the community. The Transportation Master Plan identifies multiple projects that would widen 132nd Avenue SE to 5 lanes within this project area including curb, gutter, sidewalks and bicycle lanes on both sides, at an estimated cost of nearly $50m. Funding for the project as outlined in the Transportation Master Plan has not been identified and is unlikely for the foreseeable future. Therefore, constructing an asphalt path would provide pedestrian connectivity until sufficient funding becomes available. EXHIBITS: Transportation Improvement Board Fuel Tax Grant Agreement 132nd Avenue SE (North) SE 240th to SE 248th RECOMMENDED BY: Public Works Committee YEA: Troutner, Fincher, Higgins NAY: BUDGET IMPACTS: Increase in the street fund project budget of $640,640. City funds of $160,160 are required as a 20% batch for the grant. Staff will work with Finance to determine the source for matching funds. MOTION: Authorize the Mayor to accept grant funds in the amount of $640,640 from the Washington State Transportation Improvement Board for the 132nd Avenue Pedestrian Improvement Project from South 240th Street to South 248th Street, amend the budget, authorize expenditure of the grant funds in accordance with the grant Agreement, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. Washington State Transportation lmprovement Board Fuel Tax Grant Agreement P-P-106(P04)-1 Citv of Kent P-P-106(P04)-1 132nd Avenue SE (North) sE 240th sE 248th STATE OF WASHINGTON TRANSPORTATION IM PROVEM ENT BOARD AND City of Kent AGREEMENT THIS GRANT AGREEMENT (hereinafter "Agreement") for the 132nd Avenue SE (North), SE 240th to SE 248th (hereinafter "Project") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TlB") and City of Kent, a political subdivision of the State of Washington (hereinafter "REClPlENT'). 1.0 PURPOSE TIB hereby grants funds in the amount of $640,640 for the project specified above, pursuant to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TlB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantitiesf) Project Accounting History 4.0 BILLING AND PAYMENT Fuel Tax Agreement Page 1 of 5 November 2012 W ash i n gto n State T ra n s p o rtati o n I m p rove m e nt Bo a rd Fuel Tax Grant Agreement P-P-106(P04)-1 The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as often as the RECIPIENT deems necessary, but shall be submitted át least quarterly if billable amounts are greater than $50,000. lf progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or untilterminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TlB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights under this Agreement. 8.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON-COMPLIANCEa) ln the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. b) ln response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB's notice of non-compliance, which should include either a detailed plan to correct the non-compliance, a request to amend the Project, or a denial accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT Fuel Tax Agreement Page 2 of 5 November 2012 Washington State Transportation lmprovement Board Fuel Tax Grant Agreement P-P-106(P04)-1 RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: a) RECIPIENT is not making reasonable progress toward correction and compliance.b) TIB denies the RECIPIENT's request to amend the Project.c) After investigation TIB confirms RECIPIENT'S non-compliance. ÏlB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 93TFR MINATION a) ln the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serye RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and/or take such action as may be directed by TlB. b) ln the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. I .4 TERMI NA FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. lf this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 1O.O USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. lf Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECR IN TIB GRANT FUNDS At B¡d Award and Contract Completion, RECIPIENT may request an increase in the TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TlB. All increase requests must be made pursuant to WAC 479-05-202 and/or WAC 479-01-060. lf an increase is denied, the recipient shall be liable for costs incurred in excess of the grant amount. ln the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that maintains the original ratio between TIB funds and total project costs. Fuel Tax Agreement Page 3 of 5 November 2012 Washington State Transportation lmprovement Board Fuel Tax Grant Agreement P-P-106(P04)-1 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TlB. ,13.0 INDEMNIFICAT AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would othenruise be available to it against such claims under the lndustrial lnsurance provision of Title 51 RCW. ln any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) lnformal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) ln the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Fuel Tax Agreement Page 4 of 5 November 2012 W ash i ngto n State T ra n s po rtati o n I m p rove m e nt Bo a rd Fuel Tax Grant Agreement P-P-106(P04)-1 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TlB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement lf any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General By: Signature on file Guy Bowman Assistant Attorney General Lead Agency Transportation lmprovement Board Chief Executive Officer Date Executive Director Date Fuel Tax Agreement Print Name Page 5 of 5 Print Name November 2012 This page intentionally left blank. Agenda Item: Consent Calendar – 8C_ TO: City Council DATE: January 16, 2018 SUBJECT: WaterWorks Grant Agreement with King County for the Lake Fenwick Aerator Upgrade Project- Authorize SUMMARY: Lake Fenwick is on the “303d list” – the nation’s list of impaired waterbodies - for phosphorus pollution. This excess phosphorus comes from stormwater from the surrounding Lake Fenwick watershed. A “hypolimnetic aerator” – basically a large fish-tank bubbler - was installed in the lake in 1994 to help sequester this phosphorus pollution to help reduce large algae blooms in the lake. This aerator has helped improve lake water quality conditions for the past 23 years. However, the amount of phosphorus pollution in the lake has now exceeded the aerator’s capacity. This grant, along with other grant funding from the King County Flood Control District, and staff time provided by the City of Kent Drainage Utility Fund will fund the full permitting, design, and construction of an upgraded aeration system. EXHIBITS: King County WaterWorks Grant Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Higgins, Troutner NAY: BUDGET IMPACTS: There will be in-kind match of City staff time and direct costs totaling $45,000, which would come from the storm water fund. MOTION: Authorize the Mayor to accept grant funds from King County in the amount of $89,000, to help fund an upgrade to the Lake Fenwick aeration system, amend the budget, authorize expenditure of grant funds in accordance with the grant Agreement, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. 2017 WaterWorks Council Allocated Grant Agreement Cover Page Year:2017 Project Name:Lake Fenwick Aerator Upgrade Recipient:City of Kent Funding Amount:$89,000.00 Project Summary Design, permit, and construct a new aeration system to improve the water quality of Lake Fenwick. This will imrpove the oxygen delivery system to meet the current and future demands of the lake. It is expected that this upgraded aeration system will have a lifespan of more than 20 years and be able to keep-up with current and future lake oxygen demand which will, in-turn, reduce future water quality issues and exceedance of water quality standards. Primary Contact:Matt Knox Phone:253-579-5764 Email:mknox@kentwa.gov Start Date: End Date:November 30, 2019 Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 1 of 12 WaterWorks Grant Program Grant Agreement AGREEMENT between City of Kent and KING COUNTY This is an Agreement between City of Kent, hereinafter the “RECIPIENT” and King County, a political subdivision of the state of Washington, hereinafter the “COUNTY.” This Agreement is effective as of the date of the COUNTY signatory. The purpose of this Agreement is to set forth the terms, conditions, and the legal and administrative relations that apply to the RECIPIENT in exchange for financial assistance in carrying out a proposed project entitled Lake Fenwick Aerator Upgrade, hereinafter the “PROJECT.” Section 1. Background and Recitals: A. Proposed PROJECT benefit or improvement to water quality and/or the regional wastewater treatment system and its ratepayers: Design, permit, and construct a new aeration system to improve the water quality of Lake Fenwick. This will imrpove the oxygen delivery system to meet the current and future demands of the lake. It is expected that this upgraded aeration system will have a lifespan of more than 20 years and be able to keep-up with current and future lake oxygen demand which will, in-turn, reduce future water quality issues and exceedance of water quality standards. B. C. The COUNTY plans and proposes to remunerate the RECIPIENT for the purpose described in Subsection A above in an amount up to, but not exceeding $89,000.00, hereinafter the “AWARD.” D. This AWARD is made with the understanding that the RECIPIENT will complete the PROJECT as outlined in the Scope of Work (Exhibit A) and will fulfill reporting requirements as described under the Terms and Conditions of this Agreement. E. The RECIPIENT plans to contribute to this PROJECT a cash and/or in-kind match valued at $240,000.00, to be verified in submitted PROJECT reports. Section 2. Terms and Conditions: A. The PROJECT shall be in accordance with the tasks and activities specified in the Scope of Work (Exhibit A). Any modifications must be requested in an Agreement Amendment Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 2 of 12 and be approved by the Director of the Wastewater Treatment Division (WTD) in the COUNTY’s Department of Natural Resources and Parks. B. The COUNTY will, upon execution of this Agreement, establish procedures to allow payment to the RECIPIENT of all eligible expenses for approved activities up to the limit of the AWARD. Payments are on a reimbursement basis; except in special circumstances, at the discretion of the COUNTY, where advances of a portion of the AWARD may be made. Twenty percent (20%) of the AWARD amount will be withheld by the COUNTY until receipt of the final Quarterly Progress and Expense Reports and the Closeout Reports. C. The RECIPIENT’s expenditures of AWARD funds shall be separately identified in the RECIPIENT’s accounting records. If requested, the RECIPIENT shall comply with other reasonable requests made by the COUNTY with respect to the manner in which PROJECT expenditures are tracked and accounted for in the RECIPIENT’s accounting books and records. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles, and to meet the requirements of all applicable state and federal laws. D. The COUNTY will reimburse RECIPIENT for expenses on a quarterly basis, following receipt and approval of Quarterly Reports and a Closeout Report. Twenty percent (20%) of the AWARD will be held back until a close-out verifies fiscal and programmatic compliance with the terms and conditions of the agreement. 1. The RECIPIENT shall be responsible for submitting the following PROJECT progress reports: Quarterly Reports (including narrative and expense sections), Closeout Report (including narrative and expense sections); including backup documentation such as photos, copies of articles, and financial backup such as copies of receipts. 2. Quarterly Report narrative and expense sections shall be submitted together using the online system using the provided format and following instructions from WaterWorks grant administrators. a. The Quarterly Reports are due thirty (30) days after the end of each quarter. b. If no expenses are made during a quarter, no Expense section is needed. However, the narrative section should still be submitted and indicate that no expenses were made during that time period. c. The expense section should detail expenses and include backup documentation of expenses. The narrative section should include documentation proving the project activities took place, such as photos, workshop agenda, volunteer sign in sheets, etc. Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 3 of 12 3. The Closeout Report shall be submitted online using the provided format and following instructions from the WaterWorks grant administrator and will include closeout documentation. a. The Final Closeout reports are due thirty (30) days after the end date of the PROJECT or not later than December 31, 2019. E. Failure to submit the aforementioned Quarterly Report on the PROJECT progress within ninety (90) days of the due date may be cause for the COUNTY to terminate this agreement for non-performance. Termination would require the return of any funds advanced but not already spent executing the PROJECT, as well as forfeiture of AWARD funds for activities not completed by termination date. F. Failure to provide all of aforementioned documentation may result in the need to withhold part or all of the AWARD. G. Costs eligible for payment shall be limited to those costs identified in the Budget (Exhibit B) and incurred during the effective dates of this Agreement. H. Any and all activities to be funded by this Agreement to the RECIPIENT shall be completed by November 30, 2019. If needed, an Agreement Amendment may be granted to extend the terms of the contract beyond the end date, adjust the scope of work, or change the budget details (but not increase the total AWARD amount), conditioned upon approval by KING COUNTY. The extension must be requested and approved at least sixty (60) days in advance of the original end date. I. The RECIPIENT agrees to acknowledge the COUNTY in all media, publications, and signage that are produced as part of the PROJECT. This includes press releases, public service announcements, posters, flyers, signage, Web pages, blogs, and videos. The RECIPIENT will use the wording provided in Exhibit C of this Agreement (Credit and Disclaimers). Section 3. Legal and Administrative Relations: A. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles and to meet the requirements of all applicable state and federal laws. The RECIPIENT shall maintain and submit to the COUNTY any such records as the COUNTY may require to conduct any audit of the PROJECT it may elect to conduct or to substantiate expenditures paid for by this AWARD. The RECIPIENT shall maintain and retain books and records related to the Agreement for at least three (3) years after the termination of said Agreement. B. The COUNTY’s financial assistance to the RECIPIENT shall be construed by the parties as a special disbursement to the RECIPIENT to fund activities, as described herein that generally benefit the COUNTY’s efforts to leverage or complement the water quality mission of the regional wastewater system. The COUNTY’s sole obligation under this Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 4 of 12 agreement shall be to provide funds to the RECIPIENT and this agreement shall not be construed as a contract for services between the RECIPIENT and the COUNTY, or as establishing a principal agent relationship between the COUNTY and the RECIPIENT. No joint venture or partnership is formed as a result of this Agreement. C. The RECIPIENT shall be solely responsible for the recruiting, training, and supervision of its employees and volunteers. Individuals hired and paid by the RECIPIENT shall not, in any event, be construed to be employees of, or contractors to, the COUNTY and the RECIPIENT shall defend, indemnify and hold harmless the COUNTY from any and all claims arising from any contention that said individuals are employees of, or contractors to, the COUNTY. This condition shall survive the termination of this Agreement. All actions undertaken under the funding provided by the terms of this agreement are, as between the COUNTY and the RECIPIENT, the sole responsibility of the RECIPIENT. No employees, agents, volunteers, or contractors of RECIPIENT shall be deemed, or represent themselves, to be employees of the COUNTY. D. RECIPIENT agrees for itself, its successors, assigns or by others including, without limitation, all persons directly or indirectly employed by RECIPIENT, or any agents, contractors, subcontractors, consultants, subconsultants, volunteers, licensees or invitees of RECIPIENT, to defend, indemnify, and hold harmless the COUNTY, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to RECIPIENT’s exercise of rights, privileges, and obligations under this Agreement, except for the COUNTY’s sole negligence. RECIPIENT’s obligations under this section shall include, but not be limited to all of the following: (i) The duty to promptly accept tender of defense and provide defense to the COUNTY with legal counsel acceptable to the COUNTY at RECIPIENT’s own expense; (ii) Indemnification of claims made by RECIPIENT’s own employees or agents; and (iii) Waiver of RECIPIENT’s immunity under the industrial insurance provisions of Title 51 R.C.W. but only to the extent necessary to indemnify the COUNTY, which waiver has been mutually negotiated by the Parties. In the event it is necessary for the COUNTY to incur attorney’s fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from RECIPIENT. The provisions of this Section 3.D shall survive the expiration, abandonment, or termination of this Agreement. E. Nothing in this Agreement shall be construed as prohibiting the RECIPIENT from undertaking or assisting projects developed outside the purview of this Agreement, or entering into agreements with other parties to undertake said projects in accordance with whatever terms and conditions may be agreed to between the RECIPIENT and other parties. F. The COUNTY shall be under no obligation to continue this agreement and may request partial or full reimbursement of payments it made to the RECIPIENT should the Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 5 of 12 RECIPIENT fail to perform according to the terms and conditions of this Agreement, whether or not failure to perform is within the RECIPIENT’s control. G. This Agreement may be amended at any time by written concurrence of the parties through a formalized Amendment Agreement Form and will terminate upon fulfillment of all obligations contained herein. H. The COUNTY may terminate this Agreement immediately for cause. If this Agreement is terminated the RECIPIENT shall return any unused portion of the funds advanced up to the date of termination. I. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. J. In its performance under this Agreement the RECIPIENT shall not discriminate against any person on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression, age except by minimum age, and retirement provisions, unless based upon a bona fide occupational qualification, and the RECIPIENT shall not violate any of the terms of chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal, state, or local law or regulation regarding nondiscrimination in employment. K. Authority: Representations and Warranties. Each signatory to this Agreement represents and warrants that he or she has full power and authority to execute and deliver this Agreement on behalf of the entity for whom he or she is signing. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile transmission, by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. M. The effective date of this agreement is the date of COUNTY signatory. Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 6 of 12 AGREEMENT SIGNATURE PAGE City of Kent by: Signature:_____________________________________________________________________ Dana Ralph, Mayor Date: ______________________________ KING COUNTY by: Signature: _____________________________________________________________________ Mark Isaacson, Division Director, Wastewater Treatment Division Date: ______________________________ Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 7 of 12 EXHIBIT A: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT’s activities to be performed under this agreement to complete the PROJECT. All activities in the following tasks, including deliverables, must be completed by the expiration date of this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. * Hire a consultant and progress plans to the 60% design level - the design level needed to apply for environmental permits. * 60% aerator upgrade plans will be produced and finalized and environmental permits will be applied for. * Draft and final 100% design plans will be produced and construction specifications will be finalized and the project will be put out for competitive bid. * Final plans and specifications will be completed, competitive bids will be advertised & received and a construction contractor will be chosen. * Construction of the upgraded aerator will be completed and put into operation. * An aeration system that produces nearly twice as much oxygen as the current system will be put into operation. * New aeration system will be maintained and monitored according to manufacturers specifications (and consultant prescribed operation and maintenance protocol if needed). * Dissolved oxygen and phosphorus levels as well as other water quality conditions within Lake Fenwick will be monitored closely as they have been for the past 10-years. * Dissolved oxygen and phosphorus levels within the lake are expected to improve markedly with this action. If performance standards are not being met, adaptive management of the aeration system and other water quality parameters will be undertaken and consultants queried to determine the adjustments needed to meet performance standards. This project will be determined successful once a new upgraded, functional aeration system is installed. This successful system will improve water quality parameters within the lake and improve aesthetics. Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 8 of 12 EXHIBIT B: BUDGET Costs are limited to those approved by the COUNTY in the current Budget. Costs should be reasonable and necessary to carry out the task. All activities and PROJECT expenditures must be completed according to this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. An Agreement Amendment must be completed and approved to change a scope of work, request an extension, or if the budget expenditure category might deviate more than ten percent (10% of Grand Total). For more information, contact your grant administrator. A B C D E F G BUDGET CATEGORY ITEMS: Description (rate or unit x quantity) GRANT AWARD CASH MATCH IN-KIND MATCH CATEGORY SUBTOTAL SOURCE OF MATCH (indicate if pending or secured) Staff salaries & benefits $0.00 Staff salary using billing or fully burdened rates Contract administration $25,000.00 $25,000.00 Kent staff salaries Project supplies, materials, and equipment $0.00 Commercial services $0.00 Consultant/contractor services Design & construction of aerator, monitoring $89,000.00 $195,000.00 $20,000.00 $304,000.00 Cash- match: KC Sub- Reg. Opp Fund - pending; In-Kind: Kent Utility Fund Transportation $0.00 Other costs $0.00 Project Subtotal $89,000.00 $195,000.00 $45,000.00 $329,000.00 Overhead $0.00 Grand TOTAL $89,000.00 $195,000.00 $45,000.00 $329,000.00 Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 9 of 12 EXHIBIT C: ACKNOWLEDGEMENTS AND DISCLAIMERS Logo and logo standards: For electronic versions of the official logos and logo standards, contact your grant administrator. The above logo must be included on all printed documents and electronic media produced in carrying out the PROJECT. This includes signage, posters, documents, brochures, flyers, newsletters, newspaper advertising, Web pages, blogs, and videos. Credit for materials produced as part of the PROJECT: Acknowledge PROJECT funding by including the following sentence with the logo: This project is funded by the King County Wastewater Treatment Division If your PROJECT has multiple funders, it can say: This project is funded in part by the King County Wastewater Treatment Division Disclaimer language: For items where opinions or advice or a list of organizations or businesses are included in the copy (e.g., an interpretive panel, a guidebook, or a directory), please add the following disclaimer sentence: The content herein does not constitute an endorsement by King County government, its employees, or its elected and appointed officials. Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 10 of 12 EXHIBIT D: AGREEMENT TERMS AND PROCEDURES ACKNOWLEDGMENT: Please acknowledge KING COUNTY in all written and electronic media (publications, signage, press releases, public service announcements, posters, flyers, Web pages, videos, PowerPoint presentations, etc.). Refer to Exhibit C for further information. ADVANCE: Advance payments are allowed in some cases at the discretion of the COUNTY; documentation of payments made from advances shall be submitted to the COUNTY prior to any further requests for AWARD funds. AGREEMENT AMENDMENT: This document must be completed and approved to change a scope of work, request an extension, or if the budget (Exhibit B) might deviate in any PROJECT cost categories by an amount equal to or greater than ten percent (10%) of the total AWARD amount. This form is available from your grant administrator. BALANCE OF AWARD: Any amount of your AWARD not spent on this PROJECT must be returned to KING COUNTY, if an advance was issued. CLOSEOUT REPORT: This report documents the successful completion of the PROJECT according to the scope of work. The Closeout Report is due thirty (30) days after the end of your agreement period and must be submitted online, following instructions from the WaterWorks grant administrator. This includes two sections: 1. Financial Closeout documenting the records of expenditures for the PROJECT (reconcile your project expenses, award, cash, and in-kind match). 2. Narrative Closeout documenting the successful completion of the PROJECT according to the scope of work. The final report will include a narrative, outreach materials, copies of communication materials, and tools created for and about the PROJECT. ELIGIBLE CHARGES: Only expenses in the categories listed in the budget page of this grant agreement can be covered by this AWARD and only up to the indicated amount without prior authorization. FINANCIAL RECORDS: Maintain a record of your expenditures to conform to generally accepted accounting principles. Retain records for at least three (3) years after the end date of your agreement. It is highly recommended that if you use a computer to track your project expenses you assign a code to this grant. If you keep track of your expenses manually, you will need to make copies of your receipts or other “manual” documents. This way, you will be able to document your expenses. MATCH: Keep track of cash and/or in-kind match amount as it is described in your budget (Exhibit B) because it must be documented in your Financial Closeout Report (Exhibit H). MILESTONE: Milestones are considered significant actions or events marking important progress or change in the stage of development of the Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 11 of 12 QUARTERLY REPORTS: This report includes two sections; a progress section that provides a status report on the progress of activities and goals identified in the scope of work; and an expense section for reimbursement of costs each quarter. The quarterly reports are due thirty (30) days after the end of each quarter. SCOPE OF WORK): Keep track of your activities as they relate to the scope of work you provided. You will have to document the progress when submitting your Quarterly Reports and Closeout Report. START DATE: The start date of this agreement is the date of the COUNTY signatory. Expenses can be posted as of the start date of your agreement but not sooner. (Same thing as Effective Date.) Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 12 of 12 EXHIBIT E: FUNDING AUTHORITY The funding authority for this AWARD comes from the COUNTY, through its Department of Natural Resources and Parks, which operates a regional system of sewage treatment and conveyance facilities for which it collects charges from local governments. Said charges constitute the source of revenue for operation of the COUNTY’s sewage treatment system. By agreement with said local governments, this revenue can be used only to fund expenditures that are related to the development, operation, maintenance, and replacement and improvement of said system. By budget authority, the COUNTY funds activities related to the regional water quality objectives advanced by the development of the sewage treatment system. This page intentionally left blank. Agenda Item: Consent Calendar – 8D_ TO: City Council DATE: January 16, 2018 SUBJECT: Watershed Management Grant Agreement with King County for the Downey Farmstead Restoration Project – Authorize SUMMARY: The City of Kent proposes to construct nearly 2,000 linear feet of side channel tributary to the Green River to provide rearing and refuge habitat for threatened Chinook and other salmon species. This grant agreement will fund $882,799 of the expected $5.8 million habitat construction cost and will also provide $120,000 of additional funding to relocate utilities (Puget Sound Energy and CenturyLink) out of the way of the habitat work. EXHIBITS: Cooperative Watershed Management Grant Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Higgins, Troutner NAY: BUDGET IMPACTS: Previous grants totaling $884,057 have been secured to relocate Frager Road out of the way of the future habitat work (Phase I). These new grants help provide matching funds for the previous grants and bring the total grant funding for this project to $1,886,856 to date. Future grant allocations are expected in 2018 and 2019 to fund construction of the project. MOTION: Authorize the Mayor to accept Cooperative Watershed Management Grant funds from King County in the amount of $1,002,799, for the Downey Farmstead Restoration and Frager Road Utility Relocation projects, amend the budget, authorize expenditure of the grant funds consistent with the grant’s terms, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 1 of 8 AGREEMENT FOR AWARD OF COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS BETWEEN CITY OF KENT AND KING COUNTY This Agreement is made between King County, a municipal corporation, and City of Kent (“Recipient”), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to April 30, 2020. Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079, Kim.harper@kingcounty.gov. Primary Contact for Recipient: Matt Knox, Environmental Ecologist, 253-856-5551, Mknox@kentwa.gov. SECTION 1. RECITALS 1.1 Whereas, the King County Flood Control District (“District”) is a quasi-municipal corporation of the State of Washington, authorized to provide funding for cooperative watershed management arrangements and actions for purposes of water quality, water resource, and habitat protection and management; 1.2 Whereas King County is the service provider to the District under the terms of an interlocal agreement ("ILA") by and between King County and the District, dated February 17, 2009, as amended, and as service provider implements the District's annual work program and budget; 1.3 Whereas, the Board of Supervisors of the District (the “Board”), the District’s governing body, passed Resolution FCD 2016-20.2 on November 7, 2016, authorizing the King County executive or his designee to develop and administer a grant award program of up to $4,390,296 in 2017 for water quality, water resources and habitat restoration and management projects and activities allocated in the amounts of $871,474 for the Snoqualmie Watershed, $1,646,361 for WRIA 8, $1,646,361 for WRIA 9, and $226,100 for WRIA 10 projects in King County, provided that the project list is approved by the Board; 1.4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service provider to the District, King County has established a grant award program, called the Cooperative Watershed Management Award Program, to fund water quality, water resources and habitat restoration and management projects and activities; 1.5 Whereas, the Recipient submitted applications to its respective WRIA forum or committee for the Projects, as described in Exhibit A attached hereto and incorporated herein by this reference, and that body has recommended the Projects for funding under the Cooperative Watershed Management Grant Program in accordance with King County’s Cooperative Watershed Management Grant Program Policies and Procedures, a Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 2 of 8 copy of which has been furnished by King County to the Recipient and which are incorporated herein by this reference (“Grant Policies and Procedures”); 1.6 Whereas the District’s Board of Supervisors has received a list of proposed projects that includes the Projects, and the Board of Supervisors has approved the Projects for funding up to the amount of $1,002,799 as follows: $882,799 for the Project titled “Downey Farmstead Side Channel Restoration”, and $120,000 for the Project titled “Downey Farmstead – Frager Road Utility Relocation”; 1.7 Whereas King County has received Scopes of Work and Budgets for the Projects from the Recipient and has determined that the Scopes of Work, attached hereto and incorporated herein as Exhibit B-1 and B-2, collectively referred to as “Scopes of Work”, and the Budgets, attached hereto and incorporated herein as Exhibit C (“Budget Summary”), are consistent with the Grant Policies and Procedures; 1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions under which King County will provide funding from the District in accordance with the Policies and Procedures, and the Recipient will implement the Projects. SECTION 2. AGREEMENT 2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this reference. 2.2. King County agrees to award the Recipient an award in the total amount of $1,002,799 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Projects. King County shall pay the Recipient in accordance with the Grant Policies and Procedures. 2.3. The Recipient represents and warrants that it will only use the Award for the Scopes of Work of this Agreement and in accordance with the Project Budgets. The Recipient shall be required to refund to King County that portion of the Award which is used for work or tasks not included in the Scopes of Work. Further, the Recipient agrees that King County may retain any portion of the Award that is not expended or remains after completion of the Scopes of Work and issuance of the Final Report, as further described below. 2.4. Activities carried out for these Projects and expenses incurred by the Recipient may predate the execution date of this Agreement provided that 1) they have been identified by Recipient as being within the scopes of numbers 2) and 3) below, and have been approved by King County as being within such scopes; 2) The activities are specified in the Scopes of Work of this Agreement; 3) the expenses are incurred in carrying out the Scopes of Work and are authorized by the Award as identified in the Budgets of this Agreement; 4) such activities and expenses otherwise comply with all other terms of this Agreement; and 5) such activities and expenses do not occur prior to the date the grants Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 3 of 8 were approved by the District and reimbursements shall be paid to the Recipient only after this Agreement has been fully executed. 2.5. The Recipient shall invoice King County for incurred expenses using the Request for Payment form and Progress Report form for those documented and allowable expenses identified in the Budgets and according to the rules set forth in the Grant Policies and Procedures. Blank forms shall be provided to the Recipient by King County upon execution of this Agreement. Progress reports for each project (with or without requests for payment) shall be made no less frequently than every six months after the effective date of this Agreement nor more frequently than every three months after the aforementioned date. A Progress Report form shall be submitted with all payment requests. A one-time advance may be allowed, in the discretion of King County, for expenses anticipated to be incurred in the three months following the date of submission of the advance Request for Payment only for work that is included in the Scopes of Work of this Agreement, and identified as such in the Request for Payment. Documentation of payments made from advances shall be submitted to King County prior to any further requests for payment. 2.6. The Recipient shall be required to submit to King County a final report which documents the Recipient’s completion of the work in conformance with the terms of this Agreement within thirty (30) days after the completion of the work. The final report may be submitted on the Close-out Report form unless a more detailed final report is specified in the scope of work. A blank Close-out Report form shall be provided to the Recipient by King County upon execution of this Agreement. The final report shall include a summary of the Project’s successes and shall address the watershed benefits accomplished by the work. 2.7. The Recipient's expenditures of Award funds shall be separately identified in the Recipient's accounting records. If requested, the Recipient shall comply with other reasonable requests made by King County with respect to the manner in which Project expenditures are tracked and accounted for in the Recipient's accounting books and records. The Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles as further described in Section 2.8 below, and to meet the requirements of all applicable state and federal laws. 2.8. The Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS") or Generally Accepted Accounting Principles set forth by the Financial Accounting Standards Board or by the Governmental Accounting Standards Board. 2.9. King County or its representative, and the District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. The Recipient shall cooperate with King County and the District in any such audit. Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 4 of 8 2.10. The Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established by the Washington State Archivist Local Government Common Records Retention Schedule (CORE) as revised. 2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. The Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the District, their elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property arising out of any acts or omissions of the Recipient, its employees, agents, contractors or subcontractors in performing its obligations under the terms of this Agreement. 2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project on all literature, signage or press releases related to the Project. SECTION 3. GENERAL PROVISIONS 3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 3.2. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3. No amendment to this Agreement shall be binding on any of the parties unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4. Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. 3.5. The Projects shall be completed by no later than April 30, 2020. In the event that the Projects are not completed by this date, King County has the discretion, but not the obligation, to terminate this Agreement and retain any unexpended Award funds. 3.6. This Agreement may be signed in multiple counterparts. Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 5 of 8 3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable under applicable law, such provision will be ineffective to that extent only, without in any way affecting the remaining parts or provision of this Agreement, and the remaining provisions of this Agreement shall continue to be in effect. 3.8. The amount of the Award has been fully funded by the District. To the extent that funding of the Award requires future appropriations by the King County Council, King County’s obligations are contingent upon the appropriation of sufficient funds by the King County Council to complete the Scope of Work. If no such appropriation is made, this Agreement will terminate at the close of the appropriation year for which the last appropriation that provides funds under this Agreement was made. This document has been approved as to form by the King County Prosecuting Attorney’s Office as of July 15, 2016. KING COUNTY: RECIPIENT: By By Name Name Title Title Date Date Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 6 of 8 EXHIBIT A: Project Descriptions WRIA PROJECT RECIPIENT DESCRIPTION MATCH AWARD 9 Downey Farmstead Side Channel Restoration City of Kent The City of Kent will construct nearly 2,000 LF of side channel to the Green River to provide rearing and refuge habitat for threatened Chinook and other salmon species. The project will also provide 130- acre feet of flood storage to reduce flooding in nearby urban and agricultural areas. $937,003 $882,799 9 Downey Farmstead Restoration – Frager Road Utility Relocation In order to create space for the future full- build out of the Downey Farmstead project and to maximize shading and habitat creation, the current utilities (Puget Sound Energy and CenturyLink) that serve homes along Frager Road need to be moved out of the way (they currently bisect the future habitat area). This grant request will partially fund utility relocation. $80,000 $120,000 TOTALS $1,017,003 $1,002,799 Project Location Lower Green-Duwamish Watershed near the confluence of Mullen Slough and the Green River between RM 21.5 and RM 22.3. 1 Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 7 of 8 EXHIBIT B-1: Scope of Work for Downey Farmstead Side Channel Restoration Task Title Task Description (Include Activities and Deliverables) Estimated Percent of Total Budget Month/Year Task will be Completed Task 1: Project Administration Submit reimbursement request forms, backup documentation for billing, and progress reports at least every 6 months. Submit a Fiscal Closeout form and a Closeout Report form with the final reimbursement request. 0% As needed Task 2: Construction Contract to build the side channel network including:  Mobilization for construction including signage, traffic control  Erosion control, clear and grub and remove trees (to be used as slash in engineered log jams);  Excavate, haul and dispose of 240,000 CY of soil including isolation of new channel from main Green River flow to build the side channel connections and engineered log jams;  Importing and incorporating compost into the finished soils;  Construction and placement of 50 large wood structures;  Planting of over 40,000 native plants;  Installing erosion control fabric and mulching and/or seeding all exposed surfaces. 90% Dec. 2019 Task 3: Contract management, inspection and administration 10% Mar. 2020 EXHIBIT B-2: Scope of Work for Downey Farmstead Restoration – Frager Road Utility Relocation Task Title Task Description (Include Activities and Deliverables) Estimated Percent of Total Budget Month/Year Task will be Completed Task 1: Project Administration Submit reimbursement request forms, backup documentation for billing, and progress reports at least every 6 months. Submit a Fiscal Closeout form and a Closeout Report form with the final reimbursement request. 2% As needed Task 2: Engineering, design and installation (including inspection) of poles on either side of river, install guying for poles, frame poles, trench and tie into existing underground conduit on west side of river to new pole and install new junction vault. For CenturyLink utility, include 250’ of directional bore to place new PVC to connect to new PSE pole. 0% June 2017 Task 3: Secure Aquatic Utility Easement from WA State DNR for aerial crossing of river 5% December 2018 Task 4: Run new cable through conduit, splice existing cable and string new PSE power cable across river to new poles, test and activate new facility and remove existing poles and line along Frager Road. 70% March 2018 Task 5: Run new cable through conduit, splice existing cable and string new CenturyLink cable to PSE poles, test and activate new connection, and remove existing cable along Frager Road. 23% March 2018 Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 8 of 8 EXHIBIT C: Budget Summary Budget Item Grant Award Amount Downey Farmstead Side Channel Restoration Downey Farmstead Frager Road Utility Relocation Totals Staffing $73,378 $2,000 $75,378 Project Supplies $1,533 $1,533 Commercial Services & Crew Time $733,777 $118,000 $851,777 Other (Taxes on Construction) $74,111 $74,111 Total $882,799 $120,000 $1,002,799 Agenda Item: Consent Calendar – 8E_ TO: City Council DATE: January 16, 2018 SUBJECT: WaterWorks Grant Agreement with King County for the Green River Watershed Center, Design and Analysis Project – Authorize SUMMARY: One of the primary goals of the City’s Green River Natural Resources Area (GRNRA) is to provide educational opportunities and promote environmental awareness. This grant would provide funds to hire a consultant to complete a conceptual design and perform a marketing/feasibility/use and programming analysis of a proposed Green River Watershed Center at the GRNRA. A site at the GRNRA has been reserved for this center and it has been a goal to provide this educational facility ever since planning for the GRNRA began in the late 1980’s. Feedback from previous grant applications for this proposed center identified a need to complete a marketing analysis to determine the highest and best use of the facility and to ascertain the most effective messaging techniques. Completion of this analysis is expected to make this proposed center and its design more competitive for future grant funding. This grant will provide this needed first step. EXHIBITS: King County WaterWorks Grant Agreement RECOMMENDED BY: Public Works Committee YEA: Troutner, Fincher, Higgins NAY: BUDGET IMPACTS: No additional funds are required. This grant will fund preliminary design and analysis of this proposed facility. Future grant funds will be sought for final design and construction. MOTION: Authorize the Mayor accept WaterWorks Grant funds from King County, in the amount of $50,000, for the Green River Watershed Center Design and Analysis Project, amend the budget, authorize expenditure of the funds consistent with the grant’s terms, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. 2017 WaterWorks Council Allocated Grant Agreement Cover Page Year:2017 Project Name:Green River Watershed Center, Design & Analysis Recipient:City of Kent Funding Amount:$50,000.00 Project Summary Construction of a watershed education center at the Green River Natural Resources Area in Kent will educate the public on how people and aquatic and terrestrial wildlife can coexist. Funding from this grant will be used to complete a conceptual feasibility and programming plan to excite partners and funders about the desire and possibilities of this education center. Primary Contact:Matt Knox Phone:253-579-5764 Email:mknox@kentwa.gov Start Date: End Date:November 30, 2019 Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 1 of 12 WaterWorks Grant Program Grant Agreement AGREEMENT between City of Kent and KING COUNTY This is an Agreement between City of Kent, hereinafter the “RECIPIENT” and King County, a political subdivision of the state of Washington, hereinafter the “COUNTY.” This Agreement is effective as of the date of the COUNTY signatory. The purpose of this Agreement is to set forth the terms, conditions, and the legal and administrative relations that apply to the RECIPIENT in exchange for financial assistance in carrying out a proposed project entitled Green River Watershed Center, Design & Analysis, hereinafter the “PROJECT.” Section 1. Background and Recitals: A. Proposed PROJECT benefit or improvement to water quality and/or the regional wastewater treatment system and its ratepayers: Construction of a watershed education center at the Green River Natural Resources Area in Kent will educate the public on how people and aquatic and terrestrial wildlife can coexist. Funding from this grant will be used to complete a conceptual feasibility and programming plan to excite partners and funders about the desire and possibilities of this education center. B. The COUNTY plans and proposes to remunerate the RECIPIENT for the purpose described in Subsection A above in an amount up to, but not exceeding $50,000.00, hereinafter the “AWARD.” C. This AWARD is made with the understanding that the RECIPIENT will complete the PROJECT as outlined in the Scope of Work (Exhibit A) and will fulfill reporting requirements as described under the Terms and Conditions of this Agreement. D. The RECIPIENT plans to contribute to this PROJECT a cash and/or in-kind match valued at $5,000.00, to be verified in submitted PROJECT reports. Section 2. Terms and Conditions: A. The PROJECT shall be in accordance with the tasks and activities specified in the Scope of Work (Exhibit A). Any modifications must be requested in an Agreement Amendment and be approved by the Director of the Wastewater Treatment Division (WTD) in the COUNTY’s Department of Natural Resources and Parks. Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 2 of 12 B. The COUNTY will, upon execution of this Agreement, establish procedures to allow payment to the RECIPIENT of all eligible expenses for approved activities up to the limit of the AWARD. Payments are on a reimbursement basis; except in special circumstances, at the discretion of the COUNTY, where advances of a portion of the AWARD may be made. Twenty percent (20%) of the AWARD amount will be withheld by the COUNTY until receipt of the final Quarterly Progress and Expense Reports and the Closeout Reports. C. The RECIPIENT’s expenditures of AWARD funds shall be separately identified in the RECIPIENT’s accounting records. If requested, the RECIPIENT shall comply with other reasonable requests made by the COUNTY with respect to the manner in which PROJECT expenditures are tracked and accounted for in the RECIPIENT’s accounting books and records. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles, and to meet the requirements of all applicable state and federal laws. D. The COUNTY will reimburse RECIPIENT for expenses on a quarterly basis, following receipt and approval of Quarterly Reports and a Closeout Report. Twenty percent (20%) of the AWARD will be held back until a close-out verifies fiscal and programmatic compliance with the terms and conditions of the agreement. 1. The RECIPIENT shall be responsible for submitting the following PROJECT progress reports: Quarterly Reports (including narrative and expense sections), Closeout Report (including narrative and expense sections); including backup documentation such as photos, copies of articles, and financial backup such as copies of receipts. 2. Quarterly Report narrative and expense sections shall be submitted together using the online system using the provided format and following instructions from WaterWorks grant administrators. a. The Quarterly Reports are due thirty (30) days after the end of each quarter. b. If no expenses are made during a quarter, no Expense section is needed. However, the narrative section should still be submitted and indicate that no expenses were made during that time period. c. The expense section should detail expenses and include backup documentation of expenses. The narrative section should include documentation proving the project activities took place, such as photos, workshop agenda, volunteer sign in sheets, etc. 3. The Closeout Report shall be submitted online using the provided format and following instructions from the WaterWorks grant administrator and will include closeout documentation. Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 3 of 12 a. The Final Closeout reports are due thirty (30) days after the end date of the PROJECT or not later than December 31, 2019. E. Failure to submit the aforementioned Quarterly Report on the PROJECT progress within ninety (90) days of the due date may be cause for the COUNTY to terminate this agreement for non-performance. Termination would require the return of any funds advanced but not already spent executing the PROJECT, as well as forfeiture of AWARD funds for activities not completed by termination date. F. Failure to provide all of aforementioned documentation may result in the need to withhold part or all of the AWARD. G. Costs eligible for payment shall be limited to those costs identified in the Budget (Exhibit B) and incurred during the effective dates of this Agreement. H. Any and all activities to be funded by this Agreement to the RECIPIENT shall be completed by November 30, 2019. If needed, an Agreement Amendment may be granted to extend the terms of the contract beyond the end date, adjust the scope of work, or change the budget details (but not increase the total AWARD amount), conditioned upon approval by KING COUNTY. The extension must be requested and approved at least sixty (60) days in advance of the original end date. I. The RECIPIENT agrees to acknowledge the COUNTY in all media, publications, and signage that are produced as part of the PROJECT. This includes press releases, public service announcements, posters, flyers, signage, Web pages, blogs, and videos. The RECIPIENT will use the wording provided in Exhibit C of this Agreement (Credit and Disclaimers). Section 3. Legal and Administrative Relations: A. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles and to meet the requirements of all applicable state and federal laws. The RECIPIENT shall maintain and submit to the COUNTY any such records as the COUNTY may require to conduct any audit of the PROJECT it may elect to conduct or to substantiate expenditures paid for by this AWARD. The RECIPIENT shall maintain and retain books and records related to the Agreement for at least three (3) years after the termination of said Agreement. B. The COUNTY’s financial assistance to the RECIPIENT shall be construed by the parties as a special disbursement to the RECIPIENT to fund activities, as described herein that generally benefit the COUNTY’s efforts to leverage or complement the water quality mission of the regional wastewater system. The COUNTY’s sole obligation under this agreement shall be to provide funds to the RECIPIENT and this agreement shall not be construed as a contract for services between the RECIPIENT and the COUNTY, or as Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 4 of 12 establishing a principal agent relationship between the COUNTY and the RECIPIENT. No joint venture or partnership is formed as a result of this Agreement. C. The RECIPIENT shall be solely responsible for the recruiting, training, and supervision of its employees and volunteers. Individuals hired and paid by the RECIPIENT shall not, in any event, be construed to be employees of, or contractors to, the COUNTY and the RECIPIENT shall defend, indemnify and hold harmless the COUNTY from any and all claims arising from any contention that said individuals are employees of, or contractors to, the COUNTY. This condition shall survive the termination of this Agreement. All actions undertaken under the funding provided by the terms of this agreement are, as between the COUNTY and the RECIPIENT, the sole responsibility of the RECIPIENT. No employees, agents, volunteers, or contractors of RECIPIENT shall be deemed, or represent themselves, to be employees of the COUNTY. D. RECIPIENT agrees for itself, its successors, assigns or by others including, without limitation, all persons directly or indirectly employed by RECIPIENT, or any agents, contractors, subcontractors, consultants, subconsultants, volunteers, licensees or invitees of RECIPIENT, to defend, indemnify, and hold harmless the COUNTY, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to RECIPIENT’s exercise of rights, privileges, and obligations under this Agreement, except for the COUNTY’s sole negligence. RECIPIENT’s obligations under this section shall include, but not be limited to all of the following: (i) The duty to promptly accept tender of defense and provide defense to the COUNTY with legal counsel acceptable to the COUNTY at RECIPIENT’s own expense; (ii) Indemnification of claims made by RECIPIENT’s own employees or agents; and (iii) Waiver of RECIPIENT’s immunity under the industrial insurance provisions of Title 51 R.C.W. but only to the extent necessary to indemnify the COUNTY, which waiver has been mutually negotiated by the Parties. In the event it is necessary for the COUNTY to incur attorney’s fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from RECIPIENT. The provisions of this Section 3.D shall survive the expiration, abandonment, or termination of this Agreement. E. Nothing in this Agreement shall be construed as prohibiting the RECIPIENT from undertaking or assisting projects developed outside the purview of this Agreement, or entering into agreements with other parties to undertake said projects in accordance with whatever terms and conditions may be agreed to between the RECIPIENT and other parties. F. The COUNTY shall be under no obligation to continue this agreement and may request partial or full reimbursement of payments it made to the RECIPIENT should the RECIPIENT fail to perform according to the terms and conditions of this Agreement, whether or not failure to perform is within the RECIPIENT’s control. Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 5 of 12 G. This Agreement may be amended at any time by written concurrence of the parties through a formalized Amendment Agreement Form and will terminate upon fulfillment of all obligations contained herein. H. The COUNTY may terminate this Agreement immediately for cause. If this Agreement is terminated the RECIPIENT shall return any unused portion of the funds advanced up to the date of termination. I. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. J. In its performance under this Agreement the RECIPIENT shall not discriminate against any person on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression, age except by minimum age, and retirement provisions, unless based upon a bona fide occupational qualification, and the RECIPIENT shall not violate any of the terms of chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal, state, or local law or regulation regarding nondiscrimination in employment. K. Authority: Representations and Warranties. Each signatory to this Agreement represents and warrants that he or she has full power and authority to execute and deliver this Agreement on behalf of the entity for whom he or she is signing. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile transmission, by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. M. The effective date of this agreement is the date of COUNTY signatory. Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 6 of 12 AGREEMENT SIGNATURE PAGE City of Kent by: Signature:_____________________________________________________________________ Dana Ralph, Mayor Date: ______________________________ KING COUNTY by: Signature: _____________________________________________________________________ Mark Isaacson, Division Director, Wastewater Treatment Division Date: ______________________________ Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 7 of 12 EXHIBIT A: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT’s activities to be performed under this agreement to complete the PROJECT. All activities in the following tasks, including deliverables, must be completed by the expiration date of this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. * Complete a marketing / feasibility / use and programming analysis to ascertain the potential usage of the proposed facility, demographics of expected visitors, and to determine the GRWC’s highest and best use and most effective messaging techniques. Goals and target audiences for the GRWC and its primary messages will be developed and presented in this analysis. * A draft and finalized analysis will be completed and be available to present to potential funders, advocates and decision makers to support fund-raising and construction of a Green River Watershed Center. * Conceptual design and cost estimate of the GRWC - after the analysis mentioned in Goal One is completed, a conceptual design will be drawn-up that best meets the goals and objectives identified in the analysis. * A draft and finalized conceptual design and cost estimate will be completed that meets the goals and objectives identified in the marketing / feasibility / use and programming analysis described above. NA NA Success with this conceptual design and analysis would mean that funders, partners and advocates would jump on-board and help us complete design and then support construction, operation and maintenance of this educational facility into the future. This support would turn into thousands of contacts with school children and adults encouraging them to think about their individual actions and their effects on this watershed. It is hoped that at least some of these contacts would leave a lasting impression and help instill an environmental ethic that they would in-turn pass onto others. Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 8 of 12 EXHIBIT B: BUDGET Costs are limited to those approved by the COUNTY in the current Budget. Costs should be reasonable and necessary to carry out the task. All activities and PROJECT expenditures must be completed according to this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. An Agreement Amendment must be completed and approved to change a scope of work, request an extension, or if the budget expenditure category might deviate more than ten percent (10% of Grand Total). For more information, contact your grant administrator. A B C D E F G BUDGET CATEGORY ITEMS: Description (rate or unit x quantity) GRANT AWARD CASH MATCH IN-KIND MATCH CATEGORY SUBTOTAL SOURCE OF MATCH (indicate if pending or secured) Staff salaries & benefits $0.00 Staff salary using billing or fully burdened rates Administer & Oversee Consultant Design and Analysis $5,000.00 $5,000.00 City of Kent Utility Fund Project supplies, materials, and equipment $0.00 Commercial services $0.00 Consultant/contractor services Analysis, Conceptual Design and Cost Estimate $50,000.00 $50,000.00 Transportation $0.00 Other costs $0.00 Project Subtotal $50,000.00 $0.00 $5,000.00 $55,000.00 Overhead $0.00 Grand TOTAL $50,000.00 $0.00 $5,000.00 $55,000.00 Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 9 of 12 EXHIBIT C: ACKNOWLEDGEMENTS AND DISCLAIMERS Logo and logo standards: For electronic versions of the official logos and logo standards, contact your grant administrator. The above logo must be included on all printed documents and electronic media produced in carrying out the PROJECT. This includes signage, posters, documents, brochures, flyers, newsletters, newspaper advertising, Web pages, blogs, and videos. Credit for materials produced as part of the PROJECT: Acknowledge PROJECT funding by including the following sentence with the logo: This project is funded by the King County Wastewater Treatment Division If your PROJECT has multiple funders, it can say: This project is funded in part by the King County Wastewater Treatment Division Disclaimer language: For items where opinions or advice or a list of organizations or businesses are included in the copy (e.g., an interpretive panel, a guidebook, or a directory), please add the following disclaimer sentence: The content herein does not constitute an endorsement by King County government, its employees, or its elected and appointed officials. Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 10 of 12 EXHIBIT D: AGREEMENT TERMS AND PROCEDURES ACKNOWLEDGMENT: Please acknowledge KING COUNTY in all written and electronic media (publications, signage, press releases, public service announcements, posters, flyers, Web pages, videos, PowerPoint presentations, etc.). Refer to Exhibit C for further information. ADVANCE: Advance payments are allowed in some cases at the discretion of the COUNTY; documentation of payments made from advances shall be submitted to the COUNTY prior to any further requests for AWARD funds. AGREEMENT AMENDMENT: This document must be completed and approved to change a scope of work, request an extension, or if the budget (Exhibit B) might deviate in any PROJECT cost categories by an amount equal to or greater than ten percent (10%) of the total AWARD amount. This form is available from your grant administrator. BALANCE OF AWARD: Any amount of your AWARD not spent on this PROJECT must be returned to KING COUNTY, if an advance was issued. CLOSEOUT REPORT: This report documents the successful completion of the PROJECT according to the scope of work. The Closeout Report is due thirty (30) days after the end of your agreement period and must be submitted online, following instructions from the WaterWorks grant administrator. This includes two sections: 1. Financial Closeout documenting the records of expenditures for the PROJECT (reconcile your project expenses, award, cash, and in-kind match). 2. Narrative Closeout documenting the successful completion of the PROJECT according to the scope of work. The final report will include a narrative, outreach materials, copies of communication materials, and tools created for and about the PROJECT. ELIGIBLE CHARGES: Only expenses in the categories listed in the budget page of this grant agreement can be covered by this AWARD and only up to the indicated amount without prior authorization. FINANCIAL RECORDS: Maintain a record of your expenditures to conform to generally accepted accounting principles. Retain records for at least three (3) years after the end date of your agreement. It is highly recommended that if you use a computer to track your project expenses you assign a code to this grant. If you keep track of your expenses manually, you will need to make copies of your receipts or other “manual” documents. This way, you will be able to document your expenses. MATCH: Keep track of cash and/or in-kind match amount as it is described in your budget (Exhibit B) because it must be documented in your Financial Closeout Report (Exhibit H). MILESTONE: Milestones are considered significant actions or events marking important progress or change in the stage of development of the Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 11 of 12 QUARTERLY REPORTS: This report includes two sections; a progress section that provides a status report on the progress of activities and goals identified in the scope of work; and an expense section for reimbursement of costs each quarter. The quarterly reports are due thirty (30) days after the end of each quarter. SCOPE OF WORK): Keep track of your activities as they relate to the scope of work you provided. You will have to document the progress when submitting your Quarterly Reports and Closeout Report. START DATE: The start date of this agreement is the date of the COUNTY signatory. Expenses can be posted as of the start date of your agreement but not sooner. (Same thing as Effective Date.) Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 12 of 12 EXHIBIT E: FUNDING AUTHORITY The funding authority for this AWARD comes from the COUNTY, through its Department of Natural Resources and Parks, which operates a regional system of sewage treatment and conveyance facilities for which it collects charges from local governments. Said charges constitute the source of revenue for operation of the COUNTY’s sewage treatment system. By agreement with said local governments, this revenue can be used only to fund expenditures that are related to the development, operation, maintenance, and replacement and improvement of said system. By budget authority, the COUNTY funds activities related to the regional water quality objectives advanced by the development of the sewage treatment system. This page intentionally left blank. Agenda Item: Consent Calendar – 8F_ TO: City Council DATE: January 16, 2018 SUBJECT: 2017 Paint Line Striping and Raised Pavement Markers Replacement Project – Accept as Complete SUMMARY: This project consists of re-installing paint striping over existing worn lane markings, and installing replacement raised pavement markings on various streets. The final contract total paid was $232,886.36, which is a $41,973.64 savings from the original contract amount of $274,860. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: The contract will be paid for out of budgeted business and occupation tax funds. MOTION: Authorize the Mayor to accept the 2017 Paint Line Striping and Raised Pavement Markers Replacement Project as complete and to release retainage to Stripe Rite, Inc., upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. Agenda Item: Consent Calendar – 8G_ TO: City Council DATE: January 16, 2018 SUBJECT: Habitat Conservation Measure 6 Project – Accept as Complete SUMMARY: This project primarily consisted of supplying, placing, and anchoring approximately 20 logs with root wads in Rock Creek within the City of Kent’s Clark Springs Water Treatment Facility. The project also included installation of approximately 450 plants, erosion control measures, and hydro-seeding. This project is located east of Maple Valley. The City constructed this project to comply with the Clark Springs Water Supply System Habitat Conservation Plan, which was enacted in 2010 to protect the City’s water supply. The final contract amount came in at $90,235.92, which was $6,413.38 under budget. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: The project will be paid out of the water fund as budgeted for the Habitat Conservation Plan implementation. MOTION: Authorize the Mayor to accept the Habitat Conservation Measure 6 Project as complete and to release retainage to Maroni Construction, upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. Agenda Item: Consent Calendar – 8H_ TO: City Council DATE: January 16, 2018 SUBJECT: Horseshoe Bend Levee Storm Outfall Pipe Slip-Lining Project – Accept as Complete SUMMARY: This project consisted of pipe slip-lining and annular space grouting of approximately 100 feet of deteriorating corrugated metal storm drain pipe. The project included the installation of a Type II catch basin with an internal sluice gate to control stormwater drainage through the levee. Work was done along the Horseshoe Bend Levee which protects the City from flooding from the Green River and is located near the 26100 block of 79th Avenue South. The final contract amount came in at $74,969.07, which was $12,909.93 under budget. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This project is funded through previously budgeted drainage utility funds and is required to make the levee meet U.S. Army Corps of Engineers standards. MOTION: Authorize the Mayor to accept the Horseshoe Bend Levee Storm Outfall Pipe Slip-Lining Project as complete, and to release retainage to NW Relining LLC., upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. Agenda Item: Consent Calendar – 8I_ TO: City Council DATE: January 16, 2018 SUBJECT: South 212th Street and 72nd Avenue South Intersection Improvements Project – Accept as Complete SUMMARY: This project included the removal of failed asphalt at the intersection of South 212th Street and 72nd Avenue South with 9” depth cement concrete pavement and the replacement of curb ramps to meet current ADA standards as well as the addition of traffic signal loops, which replaced the existing video detection system. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: The project will be paid out of business and occupation tax funds. MOTION: Authorize the Mayor to accept the South 212th Street and 72nd Avenue South Intersection Improvements Project as complete, and to release retainage to Kiewit Infrastructure West Company, upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. Agenda Item: Consent Calendar – 9_ OTHER BUSINESS This page intentionally left blank. Agenda Item: Bids – 10A_ TO: City Council DATE: January 16, 2018 SUBJECT: Kent Memorial Park Play Area Renovation and Wiffle® Ball Field Installation – Award SUMMARY: This project will renovate the playground and build a Wiffle® ball field at Kent Memorial Park. The playground is at the end of its useful life and the new Wiffle® ball field is being partially funded by a $75,000 grant from the King County Youth Sports Facilities Grant program and a $25,000 donation from the Kent Lions. A public bidding process yielded a total of five bids, with the lowest responsible bidder being Harkness Construction. The Engineer’s estimate for this project is $300,000 to $340,000. EXHIBITS: Bid Tab dated December 14, 2017 RECOMMENDED BY: Parks, Recreation and Community Services Director BUDGET IMPACTS: Expense impacts to the KMP Playground & Wiffle® ball Field budget. MOTION: Award the Kent Memorial Park Play Area Renovation and Wiffle® Ball Field Installation project to Harkness Construction in the amount of $412,989.50, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Parks, Recreation and Community Services Director. This page intentionally left blank. BID TABULATION FORM KENT PARKS, RECREATION & COMMUNITY SERVICES CITY OF KENT, WASHINGTON PROJECT NAME: Kent Memorial Park Play Area Renovation & Wiffle® Ball Field Installation DATE: December 14, 2017 DUE: 1:30 p.m. OPENED: _Immediately Bidder: Total Base Bid: (in dollars) Bid Alternate 1 Addenda Rec’d: 1, 2 1. Harkness Construction $ 368,945.00 $ 6,500.00 X 2. W.S. Contractors $ 399,730.00 $ 32.500.00 X 3. Terra Dynamics $ 411,100.00 $ 28,000.00 x 4. Ohno Construction Company $ 417,000.00 $ 52,800.00 X 5. L.W. Sundstrom $ 445,000.00 $ 40,000.00 x ENGINEER’S ESTIMATE: $300,000 - $340,000 __5__ bids were received for this project and opened. The apparent low bidder on the Base Bid and the Alternate is __Harkness Construction_______ for $___375,445.00_(Base Bid + Alternate 1)_______ plus applicable Washington State sales tax. Staff have reviewed the bid documents and verified references. Questions may be directed to Brian Levenhagen, project manager, at (253) 856-5116 or at bjlevenhagen@kentwa.gov. This page intentionally left blank. Agenda Item: Bids – 10B_ TO: City Council DATE: January 16, 2018 SUBJECT: Lake Meridian Park Bathhouse Remodel – Award SUMMARY: This project will remodel the existing restroom building at Lake Meridian Park. The restroom building is in need of updating to improve function and aesthetics, as well as to comply with ADA requirements. The work includes installing new doors and restroom fixtures, adding new bathroom stalls and new outdoor showers, and converting the old concession stand to a new family restroom. The project is being partially funded by a $1,000,000, grant from the Washington State Recreation and Conservation Office as part of the Lake Meridian Dock Replacement project. The work under this contract represents an expanded scope to the original project, which is due to bids for the dock replacement work coming in under expectations. A public bidding process yielded a total of five bids, with the lowest responsible bidder being Optimus Construction and Development, Inc. The Engineer’s estimate for this project is $320,000. The low bid, excluding sales tax, came in at $370,500. EXHIBITS: Bid Tab dated January 10, 2018 RECOMMENDED BY: Parks, Recreation and Community Services Director BUDGET IMPACTS: Expense impacts to the Lake Meridian Dock budget. MOTION: Award the Lake Meridian Park Bathhouse Remodel project to Optimus Construction and Development, Inc., in the amount of $407,550.00, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Parks, Recreation and Community Services Director. This page intentionally left blank. _________________________________ CITY CLERK: Kimberley A. Komoto Project: __Lake Meridian Park Bathhouse Remodel______ ___________ Fed. Aid #: __N/A_________ Project #: __PPD18-01 Opening Date: __January 10, 2018 _ Opening Time: 1:30 p.m. Location: _ City Hall, Chambers Addenda Issued: 1 _ Engineer’s Estimate: $320,000 Bidder Names Base Bid Amount Alternate #1 Amount Addendum 1 Rec’d? Bid Bond? Optimus Construction & Development $ 370,500.00 $ 9,500.00 x x Bayley Construction $ 376,254.00 $ 6,475.00 x x Beisley Inc. $ 380,905.00 $ 13,200.00 x x Oak Hills Construction dba Allen-Bradbury Const. $ 396,900.00 $ 7,36.00 x x Mike Werlech Construction $ 417,566.00 $ 5,468.00 x x The apparent low bidder is: Optimus Construction & Development This page intentionally left blank. Agenda Item: Bids – 10C TO: City Council DATE: January 16, 2018 SUBJECT: 2018 Traffic Sign Replacement Project – Award SUMMARY: This project consists of replacing existing traffic control signs, posts and base in a defined area of the City of Kent. EXHIBITS: Memo dated January 9, 2018 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: The project will be paid for using business and occupation tax Funds. MOTION: Award the 2018 Traffic Sign Replacement Project to Apply-A-Line LLC., in the amount of $334,100, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: January 9, 2018 TO: Mayor Ralph and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 2018 Traffic Sign Replacement Project - Award Bid opening for the 2018 Traffic Sign Replacement Project was held on January 9, 2018 with six (6) bids received. The lowest responsible and responsive bid was submitted by in the amount of $334,100.00. The Engineer's estimate was $455,500.00. The Public Works Director recommends awarding this contract to Apply-A-Line LLC. Bid Summary 01. Apply-A-Line LLC $334,100.00 02. Sound Pacific Construction $357,500.00 03. Transportation Systems, Inc. $392,200.00 04. R.W. Scott Construction Co. $405,000.00 05. Stripe Rite, Inc. $417,754.00 06. Coral Construction Company $436,400.00 Engineer's Estimate $455,500.00 This page intentionally left blank. Agenda Item: Bids – 10D_ TO: City Council DATE: January 16, 2018 SUBJECT: 640 Pressure Zone Pressure Reducing Valves North Project – Award SUMMARY: This project consists of installing 618 individual small pressure reducing valves, varying in size from ¾ inch to 2 inch, including site restoration, asphalt paving, cement concrete sidewalks, and other work all in accordance with the Kent Special Provisions, Technical Specifications, and WSDOT Standard Specifications. The Engineer’s estimate was $2,208,800.00. EXHIBITS: Memo dated January 9, 2018 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: The project will be paid for from water utility funds. MOTION: Award the 640 Pressure Zone PRV North Project to Northwest Cascade, Inc. in the amount of $1,649,774.50 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: January 9, 2018 TO: Mayor Ralph and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 640 Pressure Zone PRV North Project - Award - Award Bid opening for the 640 Pressure Zone PRV North Project was held on January 9, 2018 with six (6) bids receive, 5 were responsive. The lowest responsible and responsive bid was submitted by Northwest Cascade Inc. in the amount of $1,649,774.50. The Engineer's estimate was $2,208,800.00. The Public Works Director recommends awarding this contract to Northwest Cascade Inc. Bid Summary 01. Northwest Cascade, Inc. $1,649,774.50 02. B&B Utilities & Excavating LLC $1,964,187.50 03. R.W. Scott Construction Co. $1,997,820.00 04. McCann Construction Enterprises Inc. $2,013,220.00 05. Kar-Vel Construction $2,519,880.00 Engineer's Estimate $2,208,800.00 This page intentionally left blank. EXECUTIVE SESSION A) Potential Litigation, as per RCW 42.30.110(1)(i) ACTION AFTER EXECUTIVE SESSION ADJOURNMENT