HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 12/11/2018adccW20686_9_18
CITY OF KENT
Council MeetingAgenda
Mayor
Dana Ralph
Council President
Bill Boyce
Councilmembers
Brenda Fincher
Dennis Higgins
Satwinder Kaur
Marli Larimer
Les Thomas
Toni Troutner
December 11, 2018
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KENT CITY COUNCIL AGENDAS
December 11, 2018
Council Chambers
Mayor Dana Ralph
Council President Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Satwinder Kaur Councilmember Marli Larimer
Councilmember Les Thomas Councilmember Toni Troutner
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WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Kent Geo Portal Presentation Catherine Crook 45 min
228th/224th Street Corridor Update Tim LaPorte 45 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
i. Employee of the Month
ii. Proclamation for Lea Bishop Day
iii. Proclamation for Chief Crawford
B. Historical Society Presentation – How Electricity Came to Kent
C. Community Events
5. REPORTS FROM COUNCIL AND STAFF
6. PUBLIC HEARING
7. PUBLIC COMMENT - The Public Comment period is your opportunity to speak
to the Council and Mayor on issues that relate to the business of the city of Kent.
Comments that do not relate to the business of the city of Kent are not
permitted. Additionally, the state of Washington prohibits people from using this
Public Comment period to support or oppose a ballot measurement or candidate
for office. If you wish to speak to the Mayor or 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 November 20, 2018, Workshop and Council Meeting – Approve
B. Payment of Bills – Approve
C. Consultant Services Agreement with Fehr and Peers, Inc. for the
Transportation Master Plan – Authorize
D. Consultant Services Agreement with Skillings Connolly, Inc. for the
Operations and Maintenance Facility Fuel Island Replacement Project –
Authorize
E. Downey Farmstead Contaminated Soil Removal 2017 Waterworks Grant
Agreement - Authorize
F. Downey Farmstead/Frager Road Quit Claim Deed for Right-of-Way
Establishment – Authorize
G. Emergency Management Performance Grant – Authorize
H. Ordinance Adopting KCC 9.36.150 – Stoplight Traffic Safety Cameras –
Adopt
I. Ordinance Amending KCC 9.36.140 – School Speed Zone Traffic Safety
Cameras - Adopt
J. Amendment to American Traffic Solutions Contract for Stoplight Safety
Camera Program – Authorize
K. Ordinance Granting Water System Franchise to Highline Water District –
Adopt
L. Ordinance Granting Sewer Franchise to Midway Sewer District – Adopt
M. Consolidating Budget Adjustment Ordinance – Adopt
N. Ordinance Dedicating Public Right of Way at Morrill Meadows Park and SE
248th Street - Adopt
O. 132nd Avenue S.E. Pedestrian Improvements Project (North) S.E. 240th
Street to S.E. 248th Street – Accept as Complete
9. OTHER BUSINESS
10. BIDS
A. 640 Pressure Zone Booster Station – Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Potential Litigation, as per RCW 42.30.110(1)(i)
B. Collective Bargaining, as per RCW 42.30.140(4)(a)
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available in the City Clerk's Office. The agenda summary page
and complete packet are available 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 7-1-1.
WORKSHOP
A) Kent Geo Portal Presentation - Catherine Crook
B) 228th/224th Street Corridor Update – Tim LaPorte
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AGENDA APPROVAL
Changes from Council, Administration, or Staff
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PUBLIC COMMUNICATIONS
A) Public Recognition
i. Employee of the Month
ii. Proclamation for Lea Bishop Day
iii. Proclamation for Chief Crawford
B) Historical Society Presentation – How Electricity Came to Kent
C) Community Events
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PROCLAMATION
Whereas, Lea Bishop was hired by Kent Parks, Recreation and Community
Services Depaftment on June L7, 1980; and
Whereas, Lea was promoted to Senior Center Manager in 1989 and continued in
that role for 29 years; and
Whereas, Under Lea Bishop's leadership, Kent Senior Activity Center programs
and services flourished. She set high performance standards for
herself and those she worked with, assembling and leading a talented
staff of professionals who consistently provide active, interesting and
meaningful programs and services for thousands of seniors; and
Whereas, Lea was an acknowledged trend setter and leader across the state,
serving multiple terms on the Board of Directors of the Washington
State Association of Senior Centers, sharing her knowledge and
expertise with young professionals and receiving that organization's
"Professional of the Year" Award in 2003; and
Whereas, Accomplishments during Lea's leadership were many - she pioneered a
unique caf6 style lunch program and was instrumental in the
expansion of the facility and the creation of a fitness center with
equipment specific to the physical needs of seniors; and
Whereas, Lea was respected. Lea was loved. Lea will be forever remembered.
NOW. THEREFORE, I, Dana Ralph, Mayor of the City of Kent, do hereby proclaim
the 17th day of December 2018 as
"Lea Bishop Day"
in the City of Kent, Washington, and encourage all residents to recognize the
contributions Lea made to the Kent community by providing outstanding services at
the Kent Senior Center for 38 years.
In witness whereof, I have hereunto set my hand and caused the seal of Kent to be
affixed this 11th day of December 2018.
KENT
WAshttNGTox
Dana Ralph, M
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Whereas,
Whereas,
Whereas,
Whereas,
PROCLAMATION
Today we honor former Police chief Ed crawford who passed away on
November 27, 2OLBi and
chief crawford served as Kent's Police chief from 1991-2006, following his
retirement from an exceptional career with the Washington State Patrol that
spanned 1964-2006; and
During his 42 years of dutiful service, chief crawford was a champion for
important law enforcement issues that included community-based programs
and services, the advancement of law enforcement training, national
accreditation through CALEA, leadership development and civil rights; and
chief crawford was a huge proponent of the FBI National Academy (NA) and
the washington chapter of the FBINAA. He believed in strengthening law
enforcement leadership through ongoing education and the establishment of
local, national and international law enforcement networks. Chief graduated
from the NA in 1983 and eventually served as FBINAA Washington Chapter
President. One of his larger accomplishments as a member of the association
was the instrumental part he played in the planning and execution of the 1999
FBINAA National Conference in Seattle; and
Whereas,As the executive for Kent Police Department, Chief Crawford pioneered efforts
to modernize the department that included achieving National Accreditation,
enhancing the Community Education Unit and having a regional presence in
key areas such as Federal Task Forces, the Criminal Justice Training
Commission, WA FBINAA Chapter, and the International Association of Chiefs
of Police; and
Whereas,The legacy of his leadership lives on today in many of the outstanding
community-based programs and services the department currenfly
provides. It also lives on through the men and women who are better people
and better leaders because of his teaching, coaching and mentoring.
NOW, THEREFORE,I, Dana Ralph, Mayor of the City of Kent, do hereby proclaim the 11th
day of December 2018 as
"Chief Ed Crawford Day"
in the City of Kent where Chief Crawford stands as a giant amongst many great chiefs who
served the Kent Community with duty, honor, pride and compassion.
In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed
KENT
this 11th day of December 2018
WASHtNGToN
Dana Ralph, M
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REPORTS FROM COUNCIL AND STAFF
Mayor Ralph:
Derek Matheson/Administration:
Council President Boyce:
Councilmember Fincher:
Councilmember Higgins:
Councilmember Kaur:
Councilmember Larimer:
Councilmember Thomas:
Councilmember Troutner:
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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: 12/11/18
TO: Mayor Ralph
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, December 11, 2018
The Chief Administrative Officer’s report is intended to provide the Council, staff and
community with department highlights.
ADMINISTRATION
Council President Bill Boyce has canceled some meetings due to holiday conflicts –
our next Kent City Council and Operations Committee meetings are Tuesday,
January 15. Happy Holidays!
We’re working to schedule the annual city council retreat in early February. Jim Reid
of The Falconer Group will facilitate again this year.
Communications
Kent City Council approved the City’s 2019 legislative agenda, so along with the
Mayor and lobbyist Briahna Murray, we are meeting with our local legislators to
share our top priorities. We also hosted Coffee & Conversation with the Mayor at the
Kent Senior Center on December 4. These events draw audiences with a variety of
interests, so it is always interesting to hear what’s on their minds. Uriel Varela
continues to work with King County Metro on the Community Connections project.
The group has come up with some solutions, and Uriel hopes to be able to share
those soon. Toni Azzola has two more neighborhood groups interested in becoming
recognized neighborhood councils, and she has developed a neighborhood mini-grant
program she wants to roll out in 2019.
City Clerk’s office
Over the past four weeks, the Clerk’s Office has coordinated the response of 283
public records requests.
Work with the IT department on the Laserfiche project continues.
The Records Manager has conducted citywide records management training for over
30 City records managers.
ECONOMIC AND COMMUNITY DEVELOPMENT
Administration
In HR related news, we have completed staffing the permit center, hiring a new
building inspector Andy Newell, and selecting Barb Napier to be the Permit Center
Manager. Other newer staff include Hannah Alhajahja and Stephanie Gurr, our two
new Permit Techs, and Martin Redmond, who joined us in mid-November from
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California as a Plans Examiner. With many major projects underway and in the
pipeline, plus technology changes looming, we are excited to have all hands on deck
to serve our community’s developers and property owners.
Planning/Code Enforcement
Katie Whaley joined our team this month as the coordinator for our new Rental
Housing Inspection program. Katie brings a wealth of experience from Air Force
operations management, Tacoma Housing Authority, the City of Maple Valley and the
city of Buckley. We are excited to work with her as she shapes and implements the
new program to improve living conditions and owner accountability for Kent’s rental
housing inventory.
Planning staff met with Shell Oil and the property owner of a long-vacant former gas
station at 1637 W Meeker Street. Petroleum contamination has prevented
redevelopment of the site and, until now, it has not been a priority for Shell. Several
years of staff efforts finally elevated the issue, and Shell is now working with the
state to close out remediation. They are hoping to obtain a “No Further Action”
determination within a year, which will then allow development of the site. Staff will
continue to monitor progress.
Economic Development/Long Range Planning (LRP)
LRP staff held an open house at Kent Commons on the Shoreline Master Plan update.
The event was well attended by community members and other stakeholders, and
ensures that the update takes the community’s needs into account.
LRP staff gave public comment at Sound Transit’s Capital Committee meeting to
thank them for their partnership during the creation of the Development Agreement,
highlighting important points of the agreement to the City of Kent, and representing
the City’s keen interest in the surplus property process to the Sound Transit Board
members. The agreement will go to the full Sound Transit Board on consent in mid-
November—an important milestone in the Federal Way Link Extension light rail
project.
ECD staff met with the state Department of Commerce to discuss plans and
strategies for growing the commercial space vehicle sector, an important emerging
industry.
ECD staff spoke with a consultant hired by the Greater Seattle Partners about the
strengths, weaknesses, challenges, and opportunities for the City of Kent within the
Seattle metro area.
The Aerospace Futures Alliance/Washington State Space Coalition is hard at work
planning their job fair to be held Jan. 7 at the accesso ShoWare Center. Our team is
helping with logistics, publicity and networking for employer participation and job
seeker attendance.
ECD staff met with the state’s Center of Excellence for Aerospace and Advanced
manufacturing to talk about the City’s recent efforts in support of the Aerospace
Joint Apprenticeship Committee, and discuss collaboration given the many areas of
mutual interest.
Industrial developers and brokers provided takeaways to ECD staff from their recent
workshop on the potential for light manufacturing uses in the DCE zone.
Building Services/Permit Center
The Permit Center issued 395 permits including 105 construction permits with a
valuation of $56,556,000. Several major projects are now well underway, so Building
Services anticipates an extremely busy holiday season.
During November 2018, the Permit Center accepted 415 permit applications with a
value of $3,620,000.
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The Building Inspection team completed 1198 inspections with 787 receiving a
passing grade.
Development Engineering
This past month Development Engineering issued 71 Franchise Utility Permits, 53
Water and Side Sewer Permits. For the year we are on pace to issue 636 franchise
Utility Permits, 454 Water and Side Sewer Permits, and 51 Civil Construction and
Grade and Fill Permits in 2018.
So far this year, Development Engineering has assessed/collected $1,722,000 in
Traffic Impact Fees, $1,300,000 in Drainage System Development Charges
and $1,411,000 In Water System Development Charges through the permit review
process.
Development Engineering staff are working closely with IT and our interdepartmental
collaborators on the implementation of new plan review and permitting systems to
increase capacity and reduce turn-around times.
FINANCE
Robert Goehring, City Auditor, gave a presentation entitled, “The Case for Internal
Controls and Monitoring – “Yes” Fraud Can Strike Any Organization!” at the Puget
Sound Finance Officers Association November meeting. This presentation is posted
on CitySpace under Finance/Internal Audit/Presentations and on the PSFOA website
(www.psfoa.org). Robert will be providing this training to the Executive Leadership
Team at a future date TBD.
Internal Audit completed departmental audit risk profiles for each City
department. The departmental audit risk profiles were collaboratively developed with
departmental management personnel and can be used by the departments for self-
assessment purposes. Coupled with audit risk profiles related to central accounting
system operations, e.g. personnel and payroll, in development, these profiles will
provide a roadmap for future internal audits. Consistent with previous audits, these
audits are designed to provide reasonable assurance that City assets are
safeguarded from waste, theft and abuse, and that the City adheres to applicable
compliance requirements.
Finance provided year-end accounting training to City staff last week. Thirty-three
staff were trained in preparation of our year end. This is the 3rd year we have used a
13th month for our year-end process. The 13th month is on 12/31/2018 and City
staff will only use that date for Finance entries related to the year-end closing.
Departments are able to run budget reports with a 12/30/2018 date and that data
will be unaffected by all of the Finance entries that are made to close the books for
year-end.
HUMAN RESOURCES
Benefits
Open Enrollment for 2019 benefits selections was held successfully from Nov. 9
through Nov. 27.
The Deferred Compensation Committee met for its 4th Quarter meeting on Nov. 28.
Labor, Class & Compensation
KPOA negotiations are continuing on contracts for Officers & Sergeants and Assistant
Chiefs & Commanders.
New policies from Finance are under review.
A discussion with KPOA regarding body-worn cameras was held Nov. 29.
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Recruitment
Oral boards for the Police Records Specialist position were held Dec. 4 and 5.
Entry Level PD and Corrections testing, as well as Lateral Corrections testing was
held Dec. 7.
New hires who started on Dec. 3 include: Andrew Newell (Combination Building
Inspector TLT), Kaileen Whaley (Rental Housing Inspector), Terry Jungman (Parks
Planning and Development Manager), Police Officers Oscar Rodriguez, Matthew
Flesher, and Lovai Hong and Corrections Officer Alicia Moses
Risk Management
Work continues with our property insurer to get final approval on plans to rebuild the
Lake Meridian Park restroom which was destroyed by arson this summer. Work is
expected to be completed by June 1, in time for summer activities at the lake.
INFORMATION TECHNOLOGY
Emergency Notification Enhancement (ShoreTel) – Create real-time citywide alert
and notification system during emergencies by providing the capability for all
employees to get group or citywide multi-modal notifications, which is invaluable in
improving employee safety during any incident and more specifically to on-campus
weaponized threats.
Imaging System Replacement - City Clerk Conversion and Rollout – This project will
replace the City's end-of-life imaging system and develop opportunities for delivering
enhanced capabilities and efficiencies to the City in areas such as a self-service web-
based portal to support public records requests, electronic forms and process
automation, and review/clean-up of the existing repository.
Information Technology operational support for Nov. 20, 2018 to Dec. 4, 2018
o Number of tickets opened – 371; number of tickets closed - 334
LAW
Continued to assist the Clerk’s office with public records requests, HR with a number
of complicated and sensitive employment issues, and Public Works, ECD, and Parks
with a number of high priority development projects, including various Sound Transit
matters.
Continued to assist Public Works and Parks with their cooperative project with the
King County Flood Control Zone District on issues concerning the Lower Russell Road
levee project and a variety of real property, contracting, and restrictive covenant
issues.
Continue to negotiate revisions to the interlocal agreement with the Puget Sound
Regional Fire Authority.
After a long investigation by the Police Department, this office was successful in
obtaining the forfeiture of business licenses of all but one massage parlor that was
operating illegally and was a suspected front for prostitution related activities. The
one remaining massage parlor that has not relinquished its license will appear before
the hearing examiner later this week for a hearing. The City believes that none of the
businesses that were the subject of this investigation are currently
operating. Criminal charges are still pending on a number of the individuals involved
in the businesses.
Negotiated policies related to body-worn and in-vehicle cameras on behalf of the
Police Department.
Assisted Administration in the modification of the exhibits to the City’s interlocal
agreement with the Puget Sound Regional Fire Authority.
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Delivered a letter to the County Prosecutor to open discussions regarding the
County’s policy of filing felony matters as misdemeanors.
Assisted the Police Department in correcting a story written by the Associated Press
regarding the investigation of an arson case and a subsequent lawsuit filed by a
person charged with that arson. The story stated Kent PD was involved when in fact
it was not.
Assisted the Police Department with revisions to the Kent City Code relating to school
zone cameras, and in finalizing an ordinance relating to red light cameras.
Assisted the Police Department with a number of questions regarding the return of
firearms, and whether owners of the firearms were lawfully entitled to possess those
firearms.
Assisted the Police Department with a PD policy regarding taking possession of and
returning of firearms ordered to be turned in to police by a court pursuant to a
criminal case or an Extreme Risk Protection Order.
MUNICIPAL COURT
Here are stats for the month of November showing the number of clients that entered the
building and the number of arrests made at the court.
Number of Clients that entered – 5,930
Number of arrests - 43
PARKS, RECREATION, AND COMMUNITY SERVICES
Cultural Programs
Centennial Center Gallery currently features artwork by Justin Gibbens and Graham
Schodda. Their work is on display through Dec. 28. The Centennial Center Gallery is
a physical space for artists to showcase their work to the community. It creates
vibrancy downtown and inclusion.
The most recent online exhibit, “Fall Colors” closed on Nov. 30 with 41 entries. Arts
Commissioners will vote over the next week, choosing five winners to receive an
honorarium and featured status on the site. As an open, online platform for sharing
arts, culture, and creative pursuits, Kent Creates builds community and influences
inclusion.
The Kent Arts Commission approved designs from the eight artists participating in
the 2018 Traffic Signal Controller Box project. The artists’ final artwork is due Dec.
14, and will then be forwarded to the sign company for production and installation.
Look for the new art wraps in the early months of 2019. Kent’s public art program
helps create safe neighborhoods, vibrant commercial districts, and inviting parks and
recreation.
The Spotlight Series continues to provide great entertainment for the Kent
Community. “An Evening with Molly Ringwald” took place at Kentwood PAC on Nov.
30. Nearly 300 people enjoyed an evening of jazz delivered by the
singer/actress/writer and her band. Kent’s 32nd annual Magical Strings Celtic
Yuletide Concert wrapped up the weekend on Dec. 2. A standing room only crowd of
361 packed the Kent-Meridian PAC to participate in this long-running holiday
tradition. Spotlight Series builds inclusion (affordable ticket prices), influences
placemaking (top quality performances in Kent), and drives economic development
(47% of attendees come from outside Kent, more than half spend money dining out
in Kent).
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Human Services
In an effort to gain greater understanding and knowledge of emerging community
needs, the Human Services Commission will be holding several of their upcoming
monthly meetings out in the community. Meetings will be held both at organizations
we currently fund through our human services allocations, and also at organizations
we are not currently contracting with for services. The purpose of the site visits is
not to simply learn about the services currently provided, but to provide
Commissioners and staff with opportunities for deeper engagement on issues. The
series kicked off in November with a tour of the Catholic Community Services
Community Engagement Center. Discussion centered on the barriers to accessing
services that those who are unsheltered are currently facing in our community.
The Human Services division was notified that our application to the Evans School of
Public Policy and Governance was successful. The Evans School will host a student
consultant group for the winter quarter to assist with the development of
recommendations for a Kent Community Youth Career Exploration and Employment
Project. The students will engage with the City, Kent School District, Chamber of
Commerce, local businesses, and community organizations as part of the project.
The final recommendations will be folded into the Youth Initiative Strategic Plan and
will include a landscape map of best practices, what is working well in other
communities, and recommendations for funding a project in Kent.
The Coordinated Entry for All (CEA) process for accessing shelter will be shifting to a
Dynamic Prioritization model in December. In partnership with several agencies
serving families experiencing homelessness, CEA will begin a Family Callback Process
this month. This process is the beginning of the system shift to Dynamic
Prioritization, and will involve staff from Catholic Community Services, Solid Ground,
YWCA, and Mary's Place reaching out to families who have deemed inactive in the
system. The calls will confirm housing status and explore diversion options for those
who still need assistance. Beginning in January, a priority pool will be replaced with
what is currently known as the "by name list" and the size of priority lists will be
based on the number of available resources within a 60 day period for each
subpopulation. If anyone would like to know more about the process, please email
cea@kingcounty.gov.
The Human Services Manager continues to participate in the homelessness system
governance work group. On Dec. 14, recommendations will be made by three
consulting groups (Focus Strategies, CSH, and Future Labs) to shift the governance
structure of the King County Continuum of Care. These recommendations will be
used to determine the breadth of authority and functions of a new entity that will be
centered on equality and accountability. Staff from Kent and Redmond are
participating in concert with Sound Cities Association to provide input and feedback
on the recommendations from the perspective of the suburban cities impacted.
Recreation
Kent’s Annual Holiday Bazaar was a success Nov. 30 – Dec. 1 at the Kent Commons.
The event featured four food trucks and 104 local and regional vendors offering
unique, quality and handcrafted art and gifts. Over 2,200 shoppers participated in
the two-day event. The Kent Commons routinely hosts events like this that promote
the city center and entice people to come downtown to shop.
Youth-Teen-Adaptive
Theater for All, a theater troop made up of adults with disabilities, performed an
original masterpiece production of “Drew Knight and the Case of the Missing Tarts”.
This hilarious spoof contained familiar childhood nursery rhymes all wrapped up in a
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mystery. Costumes, scenery and acting had audience members cracking up and
shouting “BRAVO” as the curtain closed. Next production is due in May, 2019.
Kent Parks and Recreation is offering a Holiday Shopping Get-Away for parents on
Dec. 19 and 21 from 8am-noon. Complete your last minute holiday shopping while
our trained camp staff engage your K-6th graders in active group games, crafts and
sports at the Kent Commons. They will also enjoy a terrific mid-morning snack.
Registration is underway.
POLICE
Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions
Lateral Corrections Officer Alicia Lee Ann Moses started Dec. 3.
Lateral Police Officers Oscar Rodrigues and Matthew Flesher started Dec. 3.
Entry Level Police Officer Lovai Hong started Dec. 3.
Significant crime activities/arrests/investigations
Nov. 16 officers responded to a report from a group who had conducted their own
online sting for child sex predators, making arrangements for an adult male to meet
what he believed was a 15-year-old juvenile for sex. After Miranda and post Ferrier
warnings, the suspect admitted to making arrangements for sex with a juvenile and
allowed KPD to review and record the online conversation/arrangements. He was
arrested for communicating with a minor for immoral purposes.
On Nov. 30 a robbery with a gun occurred at the 7-11 store at 10610 Kent Kangley
Road. Two males wearing masks over their faces entered the store, brandished a
handgun and jumped over the counter. They fled on foot after obtaining money. A
transient sitting outside the store saw them flee on foot.
On Dec. 2, Kent units were dispatched to a male who had been shot in the chest at
Pizza Hut, 13003 SE Kent-Kangley. He was transported to Harborview with what
appeared to be a through and through gunshot wound to upper chest/shoulder area.
The victim was with his brother prior to the shooting. They somehow were separated
when the shooting occurred. The brother said the shooter was known to his
brother. The brother/witness had been drinking and did not give any details why
they were there to begin with. Detectives are investigating.
On Dec. 3 a robbery with shot fired occurred at the 7-11 store at 511 Central Ave S.
Three male suspects entered the store and fired a round inside. Suspects fled in a
stolen Subaru (stolen out of Oregon). On Dec. 3 the same suspects robbed the
Chevron at 27121 Military Rd.
Major emphasis patrol
On Nov. 27, Patrol ran an emphasis at Pacific Highway South and Kent Des Moines:
six vehicle stops at or around KDM/PAC, one vehicle stop 30th/ KDM, two subject
stops at Crosslands, two subject stops at Star Lake Park and Ride, two residence
checks for known warrant subjects. No arrests were made but DOL/WACIC were slow
all day. Warrant hits on three of the above stops came in up to 30 minutes after the
subjects had been released.
On Dec. 2, Patrol & SIU ran a successful Demand Sting Operation at the Econo
Lodge, 1233 Central Ave N. This is the first successful attempt since backpage.com
was shut down. The op resulted in the arrest of five suspects and five vehicle
impounds in about a five hour period. Although our prior standard has been 10
arrests, we are pleased with five as we are still gaining an understanding of how
online trafficking has evolved and ensuring we have solid-prosecutable cases. We
anticipate more arrests as we improve our strategies.
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Events and awards
In the cold winter months of 2017, a subject attempted to commit suicide by driving
his vehicle into the Green River along S. 259th St. Due to the high flow of the river,
retrieval of the vehicle at that time was not possible. In the summer of 2018, the
Kent Police Department received notification from the Department of Ecology to
remove the vehicle because the river had subsided enough to pull it out. The steep
hillside was covered with brush and blackberry bushes that prevented the responding
tow-truck from gaining access to tow it out. Scott Schroeder, City of Kent
Storm/Vegetation Field Supervisor, quickly assembled a work crew consisting of Alex
Sheets and Nolan Schulke. They were able to put on safety harnesses and cut away
the blackberry bushes and vegetation, so the tow company could get down the
hillside.
On Sep. 15 Officers Samuel Steiner, John Rainey and Matthew Levi were dispatched
to Starbucks at 10234 256th Street on the report of a female who had locked herself
in the bathroom. She had been there 25 minutes and was non-responsive to
knocking at the door. Upon arrival the Officers learned from family members that the
woman had a history of suicide attempts. Officer Steiner opened the door and they
found a 20-year-old female lying on the floor unconscious with a significant amount
of blood all over the floor. She had badly lacerated her arm with a razor blade. The
officers applied direct pressure to the wound and struggled to find a good place to
apply the tourniquet due to the placement of the wound. Two tourniquets were
finally used high on the shoulder. Fire and Medics arrived soon after and took over
lifesaving efforts. Medic One advised that the placement of the tourniquet most
definitely saved the woman’s life. Had they not placed it high on the shoulder she
would have bled to death.
On Sep. 29 multiple Kent Police Officers were dispatched to a dispute with a firearm
at the Wilson Playfields. There were a number of children’s soccer games in progress
and the area was packed with families. Auburn Police Officer Fernando Cordova was
at the Playfield for one of the games, when he became aware that two men were
engaged in a dispute. Officer Cordova heard something said about a gun being
involved. Officer Cordova got to the men and identified himself as a Police Officer. He
immediately noted that one of the disputants was armed with a gun. The armed
subject was backing away from the other while telling him to stop. Officer Cordova
was able to diffuse the heated situation and take custody of the firearm. Upon the
arrival of the responding Kent Police Officers, he turned over the firearm and
provided a statement for the investigation. Officer Cordova responded in an off-duty
capacity without backup and all of the tools an Officer carries while on duty. Officer
Cordova is being commended for his ability to remain calm during a stressful
situation and being the primary reason the potentially dangerous incident was
quickly diffused.
On Oct. 28 Jason Holsclaw was pumping gas at the intersection of 212th and 68th in
Kent. This was an extremely foggy morning with very poor visibility. While pumping
gas, Jason heard sounds of a crash. He looked up and noticed tail lights that
appeared to roll over and disappear. He drove past but couldn’t see anything so he
parked and ran over to find the vehicle submerged down the embankment. He called
911 and stayed there until officers arrived. Jason is being commended for going the
extra step of physically going to look for what he had only heard. Had he not done
that the driver of the car would certainly have died. Jason was the only witness to
the accident and the vehicle was not visible from the roadway or even the sidewalk
due to the fog. It would have likely been hours before it was discovered if not for his
actions.
Page 9 of 11
On Oct. 28 Officer Burns was dispatched to a report of a car submerged and upside
down in a creek at 212th and 68th. Officer Burns arrived to find the vehicle 20 feet
down an embankment and completely submerged. Officer Burns climbed down the
steep blackberry covered embankment and onto the bottom of the vehicle. Officer
Burns looked for an opening to check for occupants. Seeing the side doors too close
to the banks of the creek to open he climbed to the back of the car and opened the
trunk. In the small opening he could see what looked like the top of a human head.
It started to move and the eyes opened so he reached into the water and grabbed
onto the occupants shoulder. The driver was in an air pocket about the size of his
head and stated he didn’t think he was going to make it.
PUBLIC WORKS
Design
228th UP Grade Separation - Phase 5 Complete approach fills and walls, install
bridge, stormwater, electrical and paving – preparing for December advertisement.
S 224th St Project Phase II - Secured Hydraulic Project Approval (HPA) with Fisheries
on Nov. 30. Preparing for meeting on Dec. 11 with King County to discuss sanitary
sewer line. Finalizing coordination with Utility companies. Preparing contract
documents for Dec. 18 advertisement.
GRNRA South Pump Station – Hogan Park to James St Force Main - 60% review
completed. Coordinating with Parks Department to construct project near Hogan
Park and the Ice Arena.
Willis Street Roundabout – Willis and 4th Ave S - Securing engineering consultant and
preparing to begin design work with consultant. Submitted documentation to WSDOT
to ensure funds have been allocated to the project.
Construction
LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1):
o 84th to SR 167 – Precast concrete fascia panel placement is ongoing. Precast
wall anchor beam form work has begun, concrete is scheduled for Dec. 5.
Concrete sidewalk placement is scheduled for Dec. 5 and 6.
o SR 167 Bridge – The second of three bridge deck concrete pours is scheduled
for Dec. 4. The third deck pour date is Dec. 7. The first of 2 approach slab
pours will take place on Dec. 18.
o SR 167 to 88th – Precast concrete facia wall panel placement is
ongoing. Underground electrical trenching and installation is taking place on
88th Ave.
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.
228th St. Union Pacific Railroad Underground Utilities - The full closure of S 228th St
from 72nd Ave S to 76th Ave S (4th Ave N) with detour was implemented on Nov. 27
and will be in place for approximately 2 years. Interurban trail will remain open for
use for the next several weeks, but will also be closed for the majority of the
Page 10 of 11
project. The 96” Storm Drain Manhole at the East end of the project is being
installed. This is a “saddle” structure will be set over the existing 72” pipe and the
base will be poured in place around the 72” pipe. Installation of the new 60” storm
pipe will begin the week of Dec. 17.
4th Ave and Meeker St Complete Street Project - Sawcutting for the joint pattern in
the concrete crosswalks is complete. Remaining work will include completing the
pedestrian push buttons, installation of site furnishings, trash receptacle, bike rack,
benches and installation of raised pavement markers. Short duration traffic impacts
will continue in December for final installations and punch list work.
Marquee on Meeker – Frontage improvements are ongoing. Grinding of Meeker St is
complete. Top lift paving is taking place on Dec. 4 and 5.
Dick’s Drive-in – The restaurant is scheduled to open on Dec. 12 with a “soft
opening” on Dec. 11. Traffic control with PD support will be in place during the
opening and the following several days.
Environmental
Lower Green River Corridor Plan (LGRCP) Discussion - The King County Flood Control
District (KCFCD) opened up the scoping comment period for the LGRCP on Nov. 28.
WRIA 9 staff have begun meeting with valley city’s representatives to discuss a joint
city/WRIA 9 letter to the KCFCD that offers a more multi-benefit and habitat-friendly
fourth alternative. The KCFCD scoping identified three alternatives, Public Works and
Parks staff met with WRIA 9 staff on Tuesday to begin discussing specifics of this
fourth alternative.
Green River Shoreline Planting (Mitigation for Upper Mill Creek Dam) - Contractor is
finishing-up soil preparation activities this week on the west bank of the Green River,
in the vicinity of Veterans Drive. Planting continues on the site as weather allows
(cannot plant during freezing temperatures).
Dvorak Barn Relocation- Demolition of structures surrounding barn expected to begin
Dec. 17. Barn relocation work can begin in Feb. 2019 following a two week bid
advertisement and potential Council award on Jan. 15.
Land Survey and GIS
The Land Survey department continues to provide construction support staking for
all active capital improvement projects, design topography for Design and
Environmental engineering projects, infrastructure mapping for GIS as well as
professional plan review, boundary calculations and legal descriptions for easements
and right of way takes for public works projects.
GIS staff have been creating important utility models to assist Operations in the
transition to the new asset management software. GIS staff continue working on
Story Maps for Operations 2019 Work Plans, creating a Collector App for street sign
inventory and have begun the process to implement the new Eagleview desktop
imagery web application with ESRI GIS software. GIS Supervisor is discussing ortho
imagery collaboration with regional partners for future cost sharing.
Transportation
Metro RapidRide I: Staff met with King County Metro staff to discuss the RapidRide I
Line and the Mobility Project to re-align routes. The discussion focused on project
needs, work to date, and the schedule for RapidRide I. Staff are working with Metro
to schedule time at a Council workshop in early 2019 in advance of Metro’s public
outreach on RapidRide I, which is scheduled to start the first quarter of 2019.
Staff attended the WSDOT Innovations and Partnerships in Transportation IV
conference in Tacoma. The conference focused on how the transportation system is
managed and how, through trust, partnerships, collaboration and community
engagement, we can foster a more sustainable, practical future.
Page 11 of 11
The Kent Bicycle Advisory Board held their annual elections at their meeting Nov 26.
The board’s newest member, Cheryl Koubik, was elected as the new chair for 2019.
Wendy Graves was elected as the new vice-chair and Lynell Mooney was re-elected
as Secretary.
Staff met with the Plateau at Panther Lake and Ridge at Panther Lake neighborhoods
to discuss the results of the on-street parking evaluations they requested. Proposed
parking restrictions in both neighborhoods resulting from driveway spacing and
street widths were discussed.
The Utilities and Transportation Commission has accepted our proposal to split Grade
Crossing Protective funds for Quiet Zone related fencing between two locations. One
location is along the UP railroad just south of Willis St, the other is along the east
side of the BNSF railway about 1/3 miles north of James St. The commission is
expected to officially approve the projects at its Dec. 13 meeting. The projects must
be completed and submitted to UTC for reimbursement by June 15, 2019.
Staff, Office of Neighborhoods, and Kent Police will meet residents of the
neighborhood east of Lake Meridian Park at an upcoming meeting to discuss their
street parking concerns with City staff.
Finalizing documentation required by Washington State DOT for Naden Avenue
connection.
All City work to modify school zone signing is complete at Meadow Ridge Elementary
and Springbrook Elementary in advance of KPD’s new school zone cameras. Staff
also completed final plan review of the vendor’s plans last week.
Streets
Street maintenance crews will be inspecting and grinding sidewalks in north central
Kent along 76th Ave S and Central Ave. Central and Joe Jackson bridges will be
undergoing some deck cleaning and asphalt repairs will be taking Place on the 200th
St Bridge deck. Concrete crews will be pouring new curbs and installing an ADA ramp
on 100th Ave SE.
Water
Water crews are working with King County Water District No. 111 on the transfer of
76 water services within the Kentridge Estates development from the district’s water
service to the City’s water service. The district had been providing service until the
City’s water infrastructure was in place to provide the service. Crews will also
continue the fourth quarter wellhead protection monitoring and sampling and
continue the fourth quarter disinfection/disinfectant byproduct sampling in the
distribution system. Additionally, water crews are performing maintenance cleaning
and adjusting the Tacoma POD#1 valve at Kent Springs.
Utilities
Storm Drainage crews will be plugging a line and troubleshooting a sediment
migration issue at 100th Ave SE and SE 200th St. Crews will also be pumping and
assessing the National Pollutant Discharge Elimination System at SE 216th St and
104th Pl and SE 202nd St and 127th Pl. Crews will also be repairing a damaged pipe at
815 Maplewood Ave S as well as installing an asphalt berm along E Chicago St.
Sewer crews will continue manhole inspections at Scenic Hill and manhole repairs
and change outs on 4th Ave E.
Fleet/Warehouse
The warehouse is focusing on forklift re-certifications and preparing for the annual
bid requests.
Fleet is up fitting new vehicles for the vegetation department and home
improvement as well as a Ford150 and fourteen PD Ford Explorers.
# # #
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 8
CONSENT CALENDAR
8. City Council Action:
Councilmember moves,
Councilmember seconds
to approve Consent Calendar Items A through O.
Discussion
Action
8A. Approval of Minutes.
Minutes of November 20, 2018 workshop and Council Meeting – Approve
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Kent City Council Workshop November 20, 2018
Minutes Kent, Washington
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Date: November 20, 2018
Time: 5 p.m.
Place: Council Chambers East/West
Attending: Bill Boyce, Council President
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Toni Troutner, Councilmember
Council President Boyce opened the meeting at 5:05 p.m.
Agenda:
Lower Russell Road Levee and Van Doren’s Park
Tim LaPorte, Public Works Director, and Brian Levenhagen, Parks Department Deputy
Director, presented a PowerPoint presentation that included details regarding the
Lower Russell Road Levee and Van Doren’s Park project as follows:
• Lower Green River watershed characteristics
• Salmon populations and habitat
• Lower Green River Watershed Economy
• FEMA flood maps updated – completed levee repairs have revised preliminary
FEMA flood maps
• Lower Russell project location, project overview, setback, project goals and
project needs
• Slope area of concern along riverbank
• Flood Protection goals
• Floodwall and earthen levees
• Russell Road and private utilities
• KOA Campground property impacts
• Historic Dvorak Barn relocation, including the demolition of structures
• Habitat overview – Primary and secondary habitat goals
• Environmental restoration and habitat
• Green River Natural Resources area
• Park and recreation elements
• 2016 Park and Open Space Plan
• Brief history of Park’s involvement
• New park location vs. old park location
• Current and relocated Van Doren’s Landing park
• Relocated Russell Woods parking lot
• Kent Valley Loop trails goals and vision
• Green River trail
• Park Operations impacts, including cost reductions and increases
• Parks issues yet to be resolved, including mitigating park property impacts,
final agreements on which project elements will be funded by the City,
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management of park construction, and long-term flood protection of the
relocated park
• Environmental and project permitting – working with U.S. Army Corps of
Engineers, Muckleshoot Indian Tribe, Department of Ecology, Department of
Archaeology and Historic Preservation, Washington Department of Fish and
Wildlife.
• Project partnership and stakeholders, budget and timeline
Council requested a communication plan be formalized and tonight’s presentation be
made available on the City’s website in addition to reaching out to neighborhood
groups and bicycle clubs once the permit is issued.
Naden Avenue Property
Matt Gilbert, Economic and Community Development Deputy Director, and Bill Ellis,
Chief Economic Development Officer presented a PowerPoint presentation that
included details on the Naden Avenue Property as follows:
• History of assembly
• Status – Conditions of the site, access to Willis Street, creating visibility from
167, proximity to downtown, and the Interurban trail
• Development planning
o Best and highest use of site
o Southern portion for hotel development
o Northern portion – exploring uses and ways to position (multi family, more
retail, business uses)
o Currently assessing demand today
o Mini roundabout on site
o Brutsche property – The site has been cleaned up and is currently on the
market
o Utilities/drainage – Fill was needed to make the property more development
ready, so the City moved the soil from the Downey Farm project
o Access from Willis Street
o Request for Interest in January 2018 and received two responses. Since
then, additional requests have come in.
o The last piece of property to acquire for the City to have full control of the
site is owned by PSE
o Provided examples of different uses and indicated the current zoning code
does not allow those uses.
Gilbert and Ellis requested direction from Council as to whether they would
consider changes to the zoning code to allow for more flexibility for indoor
uses.
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Councilmembers expressed their desire to have Economic and Community
Development explore all development possibilities and bring recommendations
to the Economic and Community Development Committee for review.
The meeting concluded at 6:36 p.m.
Kimberley A. Komoto
City Clerk
November 20, 2018
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Kent City Council Regular Meeting November 20, 2018
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Date: November 20, 2018
Time: 7 p.m.
Place: Council Chambers East/West
Agenda:
1. Call to Order
The meeting was called to order at 7:01 p.m. with Mayor Ralph presiding.
2. Roll Call
Mayor Ralph – Present
Council President Boyce - Present
Brenda Fincher, Councilmember – Present
Dennis Higgins, Councilmember – Present
Satwinder Kaur, Councilmember – Present
Marli Larimer, Councilmember – Present
Les Thomas, Councilmember – Excused Absence
Toni Troutner, Councilmember – Present
3. Changes to the Agenda
Boyce moved to approve the agenda as submitted, seconded by Higgins.
The motion passed unanimously with a vote of 6-0.
4. Public Communications
A. Public Recognition
i. City Employee’s 2018 Fall Giving Campaign - Award of Donation to
Kent Youth and Family Services – Homelessness Prevention Program
Alyne Hansen, Chair of the committee, along with members of the
committee, presented a check in the amount of $11,238.68 to the Kent Youth
and Family Services Homelessness Prevention Program.
Hansen expressed her appreciation of the contributions, donations, and work
done by committee that helped make this fundraiser a huge success.
ii. Certificate of Recognition to Mel Roberts
Mayor Ralph presented a Certificate of Recognition to Mel Roberts to
recognize his 18 years of service on the Kent Bicycle Advisory Board.
Frank Boosman and Lanelle Mooney expressed words of appreciation to Mel
Roberts for his work on the Bicycle Advisory Board.
iii. Proclamation for Small Business Day
Mayor Ralph presented Mike Hanis, Greg Haffner, Alice Marshall, Rick Roland,
Jeff Middleton, and Suzanne Cameron with the Proclamation for Small
Business Day.
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iv. Appointment to Bicycle Advisory Board
Mayor Ralph recognized Cheryl Koubik as her appointment to the board.
v. Appointments to Cultural Communities Board
Mayor Ralph recognized Oleg Pynda, Lelei Masina, Taffy Johnson, and youth
members Tanya Medina, and Ayat Murad, as new members of the Kent
Cultural Community Board.
Lelei Masina expressed her appreciation for the opportunity to be involved in
the community by serving on the board and also read a message of
appreciation from Taffy Johnson.
Tanya Medina expressed her appreciation for the opportunity to serve on the
board.
Mayor Ralph announced that the City received a 4 million dollar grant for the
Veteran’s Drive extension.
The City is also receiving a $1.4 million-dollar grant for South 212th street, for a new
road surface. The funds will be available in 2021.
The City is also receiving a $3.5 million dollar grant from the Washington State
Transportation Improvement Board for the completion of the South 228th Street
Union Pacific Railroad Grade Separation project.
B. Community Events
Boyce announced accesso ShoWare Center past and upcoming events.
Kaur advised of Transgender Day of Remembrance and encouraged the public to
support the day. An event is being held on November 21, 1028 at 7 p.m. at the Trinity
Church.
Kaur advised of the upcoming LGBTQ Holiday Dinner that will be held on November
22, 2018 at noon at the Messiah Lutheran Church in Auburn.
Fincher detailed upcoming Spotlight Series events and Green Kent Events.
Fincher advised the public to visit KentWA.gov to sign up for the upcoming Christmas
Rush 5K and 10K events.
Higgins recognized the Kentridge girls’ volleyball team for their third place finish at
the recent State competition.
C. Public Safety Report
Chief Rafael Padilla provide background information on officers Chelsea Pribble,
Jacob Berry, and Casey Clark. Mayor Ralph performed the official swearing ins.
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Chief Padilla presented Awards for Citizen Commendations to City staff Scott
Schroeder, Alex Sheets, and Nolan Schulke. Scott, Alex, and Nolan are being
commended for going above and beyond to help the Kent Police Department
remove a vehicle from the Green River, that could not be accomplished without
their assistance, and they were in line with the Departments Values of Service
and Professionalism.
Chief Padilla presented an Award for Citizen Commendation to Auburn Police
Officer Fernando Cordova for his ability to remain calm during a stressful
situation and being the primary reason, the potentially dangerous incident was
quickly diffused. This courageous and selfless act is in line with the Kent Police
Department’s Mission to aggressively fight crime while serving with compassion.
Chief Padilla presented Lifesaving Awards to Officers Samuel Steiner, John
Rainey, and Matthew Levi for their lifesaving efforts on a 20-year-old female
that had badly lacerated her arm with a razor blade. Medic One advised that the
placement of the tourniquet most definitely saved the woman’s life. Officer
Steiner is being commended for his great team effort of problem solving that
most likely saved the life of the woman. Their courageous and selfless acts are
in line with the Kent Police Department’s Mission to aggressively fight crime
while serving with compassion.
Chief Padilla presented an Award for Citizen Commendation to Jason Holsclaw
for going above and beyond to assist a driver that crashed his car off of the road
during a foggy morning.
Chief Padilla presented a Lifesaving Award to Officer Taylor Burns for his quick
actions to save a driver of a car that had submerged in a creek. Officer Burns
climbed down the steep blackberry covered embankment and onto the bottom
of the vehicle. Officer Burns looked for an opening to check for occupants. Seeing
the side doors too close to the banks of the creek to open he climbed to the back
of the car and opened the trunk. In the small opening he could see what looked
like the top of a human head. It started to move, and the eyes opened so he
reached into the water and grabbed onto the occupant’s shoulder. The driver
was in an air pocket about the size of his head and stated he didn’t think he was
going to make it.
Officer Burns is being commended for his quick actions which most likely saved
the life of the man.
Chief Padilla expressed his appreciation of the work of the Kent Police
Department officers, detectives, special investigative unit, and multiple
jurisdictions for their work on the investigation that ultimately led to the
conviction of Marty Kime for the fatal shooting of 1-year-old Malijha Grant.
Kent City Council Regular Meeting November 20, 2018
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Pending Approval
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5. Reports from Council and Staff
Derek Matheson, Chief Administrative Officer
Matheson advised his written report is in today’s agenda packet and there is no
executive session tonight.
Mayor Ralph
Mayor Ralph serves on the Sound Cities Association Puget Sound Regional Council
Transportation Policy Board that met last week. The board heard from transit
agencies on transit integration. The board also presented statistics on the Commute
Trip Reduction Program.
Mayor Ralph serves as an alternate on the Sound Cities Association Regional Transit
Committee. The topic during today’s meeting was regarding the closure of the Viaduct
“The Seattle Squeeze.” If you are going to be driving anywhere in the region, think
about alternate routes now. The viaduct will close on January 11, 2019 for 3-5 weeks.
On March 23, 2019, the downtown transit tunnel will be closed to buses. This will
impact Kent’s route #150. Construction of the new Alaska Way will begin in the early
summer of 2019 and continue through 2021.
Mayor Ralph joined principal Darice Johnson at Meridian Middle School and was
Principal for a day.
Mayor Ralph advised of the recent Shop with a Cop fundraiser that raised enough
money to take 50 kids shopping.
Council President Boyce
Boyce provided a brief review of the two presentations from tonight’s workshop
regarding the Lower Russell Road levee project and Naden project.
Councilmember Higgins
Councilmember Higgins is the Chair of the Public Works Committee and indicated the
committee heard a presentation from Toni Donati on recycling and encouraged
everyone to make sure that any items going into the recycle bin is “Clean, Dry, and
Empty.”
Councilmember Troutner
Councilmember Troutner is the chair of the Public Safety Committee. No report.
Trouter attended the Sound Cities Association Public Issues Committee that recently
voted to send their legislative agenda where streamlined sales tax was a priority. The
agenda will be in front of the SCA board for approval.
During their December 12, 2018, meeting they will vote on their board elections in
addition to voting on the 2019 SCA regional committee appointments.
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Councilmember Troutner serves on the Puget Sound Regional Fire Authority
Governance Board and indicated that during the meeting on 7th, they were introduced
to Joe Monteil, the new Finance Director. The next meeting is scheduled for November
28, 2018 at 3 p.m.
Councilmember Fincher
Fincher serves on the Parks and Human Services committee. The new Parks Program
Guide is available.
Fincher provided details regarding the items on the November 15, 2018 Parks
agenda.
Fincher serves on the Arts Commission and advised there are two openings for arts
commissioners. Fincher also advised that the current Kent Creates deadline is
November 30, 2018. The Morrill Meadows Park course designs were also presented.
Councilmember Kaur
No report.
6. Public Hearing
None.
7. Public Comment
Sally Goodgion invited the public to attend the “Hope for Families 2018” event on
December 6, 2018 at 11:30 a.m. at the Golden Steer Restaurant.
Mike Heinisch spoke regarding the budget and expressed his appreciation of Kent’s
support of the human services programs. Heinisch indicated Kent is a model and
leads the way in supporting human services.
8. Consent Calendar
Councilmember Boyce moved to approve the Consent Calendar Items A
through U, seconded by Councilmember Fincher. The motion passed
unanimously with a 6-0 vote.
A. Minutes of November 6, 2018 City Council Meeting – Approve
Minutes of the November 6, 2018 Council Meeting were approved.
B. Payment of Bills – Approve
Bills received through October 15, 2018 and paid on October 15, 2018 were
approved. The Operations Committee audited the payment of bills on November
6, 2018.
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Pending Approval
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Approval of checks issued for vouchers:
Date Check Numbers Amount
10/15/18 Wire Transfers 7673 - 7686 $2,025,259.99
10/15/18 Regular Checks 728622 - 729093 $3,042,750.78
10/15/18 Payment Plus 101104 - 101123 $162,906.83
Void Checks $0.00
10/15/18 Use Tax Payable $2,110.31
$5,233,027.91
Approval of checks issued for payroll for October 1 - 15, 2018, and paid on
October 19, 2018:
Date Check Numbers Amount
10/19/2018 Checks 0
Voids and Reissues
10/19/2018 Advices 417435 – 418305 $1,745,723.57
$1,745,723.57
C. Excused Absence for Councilmember Thomas – Approve
Council approved an excused absence for Councilmember Thomas as he is unable
to attend the City Council meeting of November 20, 2018.
D. 2019 State Legislative Agenda – Approve
Council approved Kent’s 2019 State Legislative Agenda.
E. Lease Agreement with T-Mobile for Cell Tower at Riverbend – Authorize
The Mayor was authorized to sign a Lease Agreement with T-Mobile West, LLC. for a
cell tower at Riverbend, subject to final terms and conditions acceptable to the
Economic and Community Development Director and City Attorney.
F. 2014 Fee-in-Lieu Reallocation from Springwood to Meridian Glen –
Authorize
The Mayor was authorized to reallocate $34,050 of fee-in-lieu funds currently
allocated to Springwood Park, to Meridian Glen Park for capital improvements, amend
the Community Parks Reinvestment Program budget, and authorize expenditure of
the funds.
G. 2018 Third Quarter Fee-in-Lieu – Authorize
The Mayor was authorized to accept $25,075.50 of fee-in-lieu funds, amend the
Community Parks Reinvestment Program budget, and authorize the future
expenditure of these funds for capital improvements at Springwood Park.
H. Joint Funding Agreement for Water Resources Investigations with the
U.S. Geological Survey – Authorize
Kent City Council Regular Meeting November 20, 2018
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Pending Approval
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The Mayor was authorized to sign the Joint Funding Agreement for Water Resources
Investigations between the City of Kent and the U.S. Geological Survey, subject to
final terms and conditions acceptable to the Public Works Director and City Attorney.
I. Goods and Services Agreement with Univar USA, Inc. for Water
Treatment Chemical Supplies for 2019 - Authorize
The Mayor was authorized to sign the 2019 Water Treatment Chemical Supply
Agreement with Univar USA Inc. for 25% Sodium Hydroxide, in an amount not to
exceed $115,768.00, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
J. GIS Enterprise Licensing Agreement with ESRI – Authorize
The Mayor was authorized to sign the Enterprise Agreement for GIS Software
licensing between the city of Kent and Environmental Systems Research Institute
upon concurrence of the language therein of the ESRI Master Agreement No. 335623
and ESRI Small Enterprise Agreement, County & Municipality Government No.
335621, with terms and conditions acceptable to the Public Works Director and City
Attorney.
K. Ordinance Amending Cross Connection Code– Adopt
Ordinance No. 4288 was adopted, that repeals and replaces Chapter 7.02 of the Kent
City Code, entitled “Water”, to re-order the chapter and amend provisions to protect
the public drinking water supply.
L. Appointment to Bicycle Advisory Board – Confirm
Council Confirmed the appointment of Cheryl Koubik to the Kent Bicycle Advisory
Board to fill a vacant position that expires March 20, 2020.
M. Appointments to Cultural Communities Board – Confirm
Council confirmed the appointment of Oleg Pynda, Lelei Masina, Taffy Johnson, and
youth members Tanya Medina, and Ayat Murad, to the Kent Cultural Community
Board, with terms expiring on November 20, 2019.
N. Ordinance Granting Water System Franchise to Highline Water District
– Introduce
The Ordinance Granting Water System Franchise to Highline Water District was
introduced.
O. Ordinance Granting Sewer Franchise to Midway Sewer District -
Introduce
The Ordinance Granting Sewer Franchise to Midway Sewer District was introduced.
P. Interagency Agreement with WTSC to Fund DUI Court – Authorize
The Mayor was authorized to sign the Interagency Agreement between the
Washington Traffic Safety Commission and the city of Kent, subject to final contract
terms and conditions acceptable to the City Attorney and Kent Municipal Court.
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Q. Ordinance Amending the Comprehensive Plan Capital Facilities Element
to Adopt School District Capital Facilities Plans – Adopt
Ordinance No. 4289 was adopted, amending the Capital Facilities Element to the Kent
Comprehensive Plan adopting the capital facilities plans of the Kent, Federal Way,
Auburn, and Highline School Districts.
R. Ordinance Amending School Impact Fees – Adopt
Ordinance No. 4290 was adopted, amending Sections 12.13.160 and 12.13.170 of
the Kent City Code to adjust school impact fees and maximum allowable fees.
S. Ordinance Updating the Puget Sound Regional Fire Authority Capital
Improvement Plan and Fire Impact Fees – Adopt
Ordinance No. 4291 was adopted, updating the Capital Facilities Element of the Kent
Comprehensive Plan incorporating the Puget Sound Regional Fire Authority’s Capital
Improvement Plan with updated Fire Impact Fees.
T. Ordinance Adopting 2019-2024 Capital Improvement Plan – Adopt
Ordinance No. 4292 was adopted, amending the Capital Facilities Element of the Kent
Comprehensive Plan to reflect the 2019-2024 Capital Improvement Plan.
U. Ordinance Amending KCC 3.18.020 – Internal Utility Tax – Adopt
Ordinance No. 4293 was adopted, relating to internal utility taxes, amending Kent
City Code 3.18.020 to remove the sunset of 15.38% of the internal utility tax
collected, and to reallocate the funds generated from the 15.38% internal utility tax
to the general fund once the other capital projects fund debt is retired.
9. Other Business
A. 2018 Property Tax Levy Ordinance for the 2019 Budget – Adopt
Aaron BeMiller, Finance Director, provided details regarding the 2018 property tax
levy ordinance for the 2019 budget. BeMiller reviewed property tax assessed values
and rates for the City of Kent share only.
Councilmember Boyce moved to adopt Ordinance No. 4294 establishing the
property tax levy for the year 2019 of the 2019-2020 biennial budget.
Seconded by Councilmember Troutner, motion passed 6-0.
B. Ordinance Amending KCC 3.28.020 – B&O Tax Rate Change – Adopt
BeMiller provided a background on the Ordinance Amending KCC 3.28.020 regarding
B&O Tax Rate Changes, including detailing the background of the fiscal cliff, 15-year
financial forecast, conversations/presentation with businesses and chamber, and
public engagement that included the Mayor’s budget roadshow.
BeMiller reviewed the proposed rates that included the 2020-2028 rates with the
maximum rate allowed. An example of gross receipts forecast for 2018-2028. –
revenue distribution to program administration and streets.
Kent City Council Regular Meeting November 20, 2018
Minutes Kent, Washington
Pending Approval
Page 9 of 10
Councilmember Boyce moved to adopt Ordinance No. 4295 relating to
business and occupation taxes, amending Kent City Code 3.28.050 to
increase gross receipt and square footage taxes starting in 2020, and
amending section 3.28.130 to clarify the allocation of revenues derived from
business and occupation taxes. Seconded by Councilmember Higgins.
Boyce spoke in support of the motion and indicated this was a tough decision. The
Council needed to address the structural imbalance.
Boyce indicated that moving forward, the City will need to make decisions on what
services will no longer be offered.
Higgins spoke in support of the motion and expressed his appreciation of all the hard
work the Mayor, Council President, Derek Matheson, and Aaron BeMiller and staff,
put into reaching out to community to share the financial situation that needed to be
addressed.
Boyce recognized the Chamber and looks forward to working together to make Kent
a better place.
The motion passed 6-0.
C. Ordinance Adopting the 2019-2020 Biennial Budget – Adopt
BeMiller provided details regarding the 2019-2020 Biennial Budget, including the
2 million reductions in expenditures without affecting public safety.
BeMiller advised of the reallocation of revenue sources, new revenues, and B&O tax
increases.
BeMiller reviewed the crosswalk between the Mayor’s proposed budget to the final
budget.
Councilmember Boyce moved to adopt Ordinance No. 4296 establishing the
2019-2020 biennial budget. Seconded by Councilmember Higgins.
Boyce expressed his appreciation of the Finance team and their work through this
budget process with council and staff.
Boyce indicated BeMiller is a true leader and Barbara and his team are phenomenal.
The motion passed 6-0.
Mayor Ralph advised she is committed to making really hard decisions to make the
City financially sustainable and that working with Boyce has been a pleasure.
Mayor Ralph expressed her appreciation of the Council, Derek Matheson, the entire
Finance team, and the Kent Chamber of Commerce.
Mayor indicated she will continue working for a viable, vibrant Kent community.
Kent City Council Regular Meeting November 20, 2018
Minutes Kent, Washington
Pending Approval
Page 10 of 10
10. Bids
A. South 228th Street Union Pacific Railroad Ground Improvements and
Embankments – Award
Tim LaPorte, Public Works Director, presented information regarding the South 228th
Street Union Pacific Railroad Ground Improvements and embankments bid award.
Councilmember Higgins moved to award the South 228th Street Union Pacific
Railroad Grade Separation Ground Improvements and Embankments Project
to Scarsella Bros., Inc. in the amount of $7,760,955.20 and authorize the
Mayor to sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director. Seconded by
Councilmember Fincher, motion passed 6-0.
11. Executive Session and Action after Executive Session
None.
12. Adjournment
Mayor Ralph adjourned the meeting at 8:41 pm.
Kimberley A. Komoto
City Clerk
November 20, 2018
Agenda Item: Consent Calendar – 8B
8B. Approval of Bills:
Approval of payment of the bills received through October 31, 2018 and paid on
October 31, 2018. The Operations Committee audited the payment of bills on
November 20, 2018.
Approval of checks issued for vouchers:
Date Check Numbers Amount
10/31/18 Wire Transfers 7687 - 7703 $1,776,540.78
10/31/18 Regular Checks 729094 - 729517 $4,201,148.27
10/31/18 Payment Plus 101124 - 101144 $103,105.03
Void Checks $0.00
10/31/18 Use Tax Payable $5,201.86
$6,085,995.94
Approval of checks issued for payroll for October 16 – 31, 2018, and paid on
November 5, 2018:
Date Check Numbers Amount
11/2/18 Checks 0
Voids and Reissues
11/2/18 Advices 418306 - 419165 $1,785,936.17
$1,785,936.17
This page intentionally left blank.
Agenda Item: Consent Calendar – 8C
TO: City Council
DATE: December 11, 2018
SUBJECT: Consultant Services Agreement with Fehr and Peers, Inc. for the
Transportation Master Plan – Authorize
SUMMARY: Staff began updating the Transportation Master Plan (TMP) in early 2018.
Consultant services are needed to assist city staff with transportation priorities, levels
of service metrics, and model development for the TMP. In mid-2018, staff released a
request for proposals for portions of the TMP. Two consultants submitted proposals.
After interviews with Public Works Engineering and Economic and Community
Development staff, Fehr & Peers was selected.
EXHIBITS: Contract with Fehr & Peers, Inc.
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Troutner, Higgins NAY:
BUDGET IMPACTS: No new impact. Budget for the TMP update was established in
the adopted budget.
STRATEGIC PLAN GOAL(S):
☒ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure.
☒ Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation.
☒ Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement.
MOTION: Authorize the Mayor to sign a Consultant Services Agreement with
Fehr & Peers, Inc. in an amount not to exceed $48,920, to provide consultant
services for the Transportation Master Plan update, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
This page intentionally left blank.
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Fehr & Peers, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Fehr & Peers, Inc. organized under the laws of the State of California, located
and doing business at 1001 4th Avenue, Suite 4120, Seattle, WA 98154, Phone: (206) 576-4220, Contact:
Kendra Breiland (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall assist with the City's Transportation Master Plan. For a description, see
the Consultant's Scope of Work which is attached as Exhibit A and B and incorporated by
this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by March 28, 2019.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Forty Eight Thousand, Nine Hundredd Twenty Dollars ($48,920.00), for the services
described in this Agreement. This is the maximum amount to be paid under this Agreement
for the work described in Section I above, and shall not be exceeded without the prior
written authorization of the City in the form of a negotiated and executed amendment to
this agreement. The Consultant agrees that the hourly or flat rate charged by it for its
services contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing rates shall
be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
negligent performance of this Agreement, except for that portion of the injuries and damages caused by
the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement (“Work Product”) shall
belong to and become the property of the City. Notwithstanding any provision to the contrary in this
Agreement, all rights, titles, and interests, in all materials and intellectual properties that are proprietary
to or developed prior to or independently by the Consultant outside of its performance of this Agreement,
including any part of such materials that Consultant employs in the performance of this contract, or
incorporates into any part of the Work Product, shall remain with Consultant. Consultant shall grant the
City a royalty-free, irrevocable, non-exclusive, license in perpetuity to use, disclose, derive from, and
transfer such materials, but only as an inseparable part of the Work Product. All records submitted by the
City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data,
documents, and files available to the City upon the City’s request. The Consultant acknowledges that the
City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of
Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties
and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and
files created by Consultant for this project by anyone other than Consultant on any other project shall be
without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
/ /
/ /
/ /
CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Kendra Breiland
Fehr & Peers, Inc.
1001 4th Avenue, Suite 4120
Seattle, WA 98154
(206) 576-4220 (telephone)
(206) 576-4225 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
Fehr & Peers - TMP 2/Delchamps
EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
Scope of Work for the City of Kent Transportation Master Plan - Phase 1
October 31, 2018
City of Kent Transportation Master Plan
Fehr & Peers Phase I Scope of Work - October 31 ,20lg
The City's Transportation Master Plan (TMP) will provide a framework to guide transportation investments
over the next 20 years in accordance with the community's transportation priorities. It will be developed
through close collaboration between City staff stakeholders and the community to help improve mobility
and quality of life.
The purpose of this scope is to outline Fehr &. Peers' involvement in Phase 1 of the TMP process. This scope
includes the development of the City's transportation priorities, level of service (LOS) policies and figures to
support the discussion of LOS options, and preparation for developing the City's new travel demand model.
The remaining components necessary to complete a TMP (including the development of the City's travel
demand model, multimodal project list, and concurrency program) will be executed in a following phase,
working towards planned adoption of the TMP by the City Council.
We understand that the next phase of the TMP process is reliant on many moving pieces. In particular, land
use assumptions and land use estimates related to the Kent Industrial Valley may have significant impact
on traffic. As such, we plan to develop and have frequent communication with City staff, and have a flexible
schedule to maximize efficiencies.
Task 0 - Proiect Management
The objective of this task is to ensure effective and efficient communication between the Consultant and
the City project team to anticipate and resolve problems and assure the project deliverables meet the
project's goals and objectives. We will be responsible for proactively managing the tasks and providing all
services and work needed to complete the project. We will communicate with the client if there is a potential
impact to the schedule due to outstanding data needs or decisions made by City Staff.
0.1 Project Kick-0ff Meeting
Attend a Project Kick-Off meeting with the project team to review and approve the allocation of project
responsibilities, discuss project goals, objectives, schedule and risks; and strategize effective ways to engage
and involve the community and stakeholders. The Consultant will develop Project Kick-Off meeting agenda
and materials, provide hard copies of all materials and a brief meeting summary including a record of all
decisions. Up to three (3) Consultant team members will attend the Project Kick-Off meeting.
0.2 Biweekly Project Team Meetings and Commun¡cat¡on
Fehr & Peers will attend biweekly project team meetings. Project team meetings are anticipated to be half-
hour check-in calls with in-person meetings scheduled as needed. The bi-weekly check in calls in this
contract are expected to occur between December 2018 and March 20L9.
Deliverables: Kickoff Meeting Agenda and moterials for all attendees. Notes summarizing the Kickoff Meeting
including list of action items. Biweekly check-in meeting notes. Monthly invoices showing the previous month's
billing by hours and tasks, and a project status report by task.
1001 4th Avenue I Suite 4120 | Seattle, WA 98154 | (2CI6) 576-4220 | Fax (206) 576-4225
www.fehrandpeers.com
Page | 1
EXHIBIT A
Scope of Work for the City of Kent Transportation Master plan - phase 1
October 31,2018
0.3 TMP Advising
We have budgeted hours (up to $7,090) for Fehr & Peers staff to assist the City of Kent in an advisory role
as questions arise central to the process of developing a TMP. If requested to prepare materials, attend
meetings, or if additional Phase 2 scope refinements are necessary after this budget is expended, Fehr &,
Peers staff can prepare a separate scope on a t¡me and materials basis.
Deliverable: TBD.
Task I -Transportation Prioritles
Over the years, the City has undertaken a number of efforts related to transportation planning. primary
amoñg these have been the 2008 TMP and the 20L5 Comprehensive Plan. These efforts have resulted in
the identification of a variety of values, goals, and policies for transportation. The purpose of this task is to
identify a single, unified set of transportation priorities that advance the City's overall vision for
transportation. It is assumed that these priorities will set the framework for any future updates to the City's
transportation policies, including level of service and administrative policies.
While the set of priorities do not have to be final, the end goal of this task is to be able to succinctly state
four to six priorities for the City to remain laser-focused on in developing its TMP. A critical consideration
will be ensuring that the forecasting tool we develop supports tracking the City's progress on these
ídentified priorities.
Once we have defined Kent's overall priorities for mobility, we will work with the City to define what
transportation success looks like and how to measure it. In this task, we will work with the City to develop
a set of relevant performance measures.
1. I Tra nsportation Priorities Workshop
Fehr & Peers staff will lead a two-hour workshop with Kent staff (including Public Works, Economic and
Community Development, Parks, Finance, and key elected officials) to identify 4-6 priorities. During this
workshop, we will brainstorm and identify the members of the community we should engage and the best
venues to do so. Fehr & Peers will strategize with city staff on best framing for the conversation to ensure
a productive workshop.
Fehr &, Peers will produce a summary of the workshop for the project record, identifying apparent
transportation concerns, issues, and priorities to help guide the balance of the project. The City will review
the summary and provide one round of comments and recommendations.
City of Kent Staff Tasks: Reserve meeting space, invite City Staff, and porticipate in workshop.
1001 4tlr Avenue I SLrite 4120 | seattle, wA 98154 | {206) 576-4220 | Fax (206) s76-4225
wwwfehrandpeers.com
Pagc. | 2
Scope of Work for the City of Kent Transportation Master Plan - Phase 1
October 31, 2018
Deliverables: Workshop materiols including the meeting agenda, PowerPoint slides, and meeting notes.
Comments on draft summary. Develop o brief memorendum, which summorizes the tronsportation priorities
for mobility.
1.2 0utreach Strateg[ Plan
Fehr & Peers will support City staff in developing a high-level public outreach strategy plan based on
findings from the Task 1.1workshop.
The plan will include an outline of the recommended outreach process to provide a roadmap for the public
outreach throughout the TMP. This will include when to engage the public in the TMP process, key questions
to ask at each stage, and outreach activities and channels (and may include innovative strategies for web
promotion).
Outreach will be performed as part of the second phase of the TMP, to confirm the draft
transportation priorities and potential metrics to measure progress. Results may also inform the project list.
The City will review the outreach plan and provide one round of comments and recommendations.
Deliverables: Public outreoch strategy plan.
Task 2 - Level of Servlce Metrlcs
Once the City's transportation priorities have been established, the next step is to identify the types of level
of service (LOS) measures that will reinforce these priorities. Similar to Task L, we will hold a second
workshop with staff to discuss LOS options for each mode. Then, we will summarize metrics for approval by
City Council.
2.!. LOS Workshop
Fehr 8¿ Peers staff will lead a three-hour workshop with Kent staff (including Public Works, Economic and
Community Development, Parks, and key elected officials) to identify transportation LOS metrics. This
workshop will build from the transportation priorities identified in the Task L workshop (and being vetted
with the community). Prior to the workshop, Fehr & Peers will develop maps and data that will facilitate the
discussion of LOS options, including mapping of the City's key networks for each transportation mode, the
presence of facilities (such as sidewalks), and key land uses. We will rely on data available in the City's GIS
database. This upfront work is expected to facilitate a productive discussion at the workshop. During the
workshop, Fehr & Peers will present multimodal level of seruice (MMLOS) models currently applied in other
communities, facilitate discussion of the relevance of these models in Kent given the community's priorities
and transportation system, and discuss if any of these resonate with Kent staff.
Also, during this workshop, we will present the City's priorities and performance metrics to use in tracking
the City's progress in advancing these priorities.
We will produce a summary of the workshop for the project record. The City will review the summary and
provide one round of comments and recommendations.
1001 4th Avenue I Suite 4120 | Seattle, WA 98154 | QAq 576-4220 | Fax (206) 576-42?-s
www.fehrandpeers.com
Page | 3
Scope of Work for the City of Kent Transportation Master Plan - phase 1
October 31, 2018
Deliverables: Memorandum summarizing the Los workshop and related efforts.
2.2 MML0S Metrics
Based on the outcomes from the workshop in Task 2.I,Fehr & Peers will develop recommended MMLOS
standards for inclusion in the TMP. These MMLOS standards will identify the types of facilities that would
be needed to accommodate each mode of travel (pedestrian, bicycle, transit, and automobiles) and the data
needed to monitor this LOS standard.
We will develop a brief memorandum, which summarizes the LOS metrics and how they relate to state-of-
the-practice metrics. The City will review the memorandum and provide one round of comments and
recommendations.
Deliverables: Memorandum summorizing MMLOS policy recommendations, including maps of focilities.
Task 3 - Model Development Preparation
This task describes the first step necessary to develop a travel demand model customized for the City of
Kent that is also consistent with the Puget Sound Regional Council (PSRC) model. This meeting will discuss
the model's scope (for example, City roadways to include), desired scenarios (calibrated and validated base
year scenario, near-term scenario for concurrency checks, and a long-term scenario for TMP horizon year
planning), as well as the types of output data to be produced (for example, daily, AM peak hour, and pM
peak hour vehicle traffic volume forecasts).
3.1 Model Development Meeting
Fehr & Peers staff will lead a model kick-off discussion with Kent staff to determine the appropriate software
platform and model capabilities that best suit the City's needs. This meeting should be attended by at least
one person from each City department that would have any involvement in using the City's model for
ongoing planning or project work. Depending on the types of analysis and level of the complexity that the
Citywould like included in the model, different model structures (3-step or4-step) and software applications
(Emme, TransCAD, Visum, or Excel) would be appropriate.
We will facilitate the meeting to answer the following key questions:
¡ What transportation analysis metrics will be needed from this model?o How often will this model be used to answer questions related to land use planning, network
improvement projects, and private development projects?
. Who will be primarily responsible for running and maintaining this model and how would
consultants be involved in this ongoing process?
The outcome of this meeting will be direction from the City staff to the Consultant to begin model
development in the identified platform of their choice.
Deliverables: Meeting agenda, materiols ond summory.
1001 4th Avenue I suite 4120 | Seattle, wA 98154 | (206) 576-4220 | Fax (206) 576-4225
www.fehrandpeers.com
Page | 4
Scope of Work for the City of Kent Transportation Master Plan - Phase 1
October 31, 2018
Exhibit A includes our draft fee proposal. Exhibit B includes our proposed timeline and responsibilities
matrix.
1001 4th Avenue I suite 4120 | seattle, wA 98154 | (206) 576-4220 | Fax QA6) 576-4225
www.fehrandpeers.com
Page | 5
Exhibit A -Fehr E¿ Peers Fee for Kent TMP Phase 1
Subtotals
Notes:
This fee proposal is valÌd for a perìod of 90 days from the proposal submittal date.
Actual billing rate at the time of service may vary depending on the final staffing plan at the time the project starts. the overall fee will not be
exceeded.
Mileage is bÌlled at the IRS rate plus L0% handling fee
All other direct and subconsultant expenses are billed with L0% handling fee
Other direct costs include computet communication5 and reproduction charges are billed as a percentage of labor
10L1i 4th Avenue I Si;ite 412c i Seattie, vvA 98154 t (2c6'¡ si6,4"22at, Fax (206) 576-.422 :
www.fehrandpeers.com
page I 6
FP
$ 13,s00
2,L00$
4,3L0$
7,090$
L5,760$
9,3s0$
6,4L0$
l_4,510$
8,050$
6,460$
3,180$
3,1_80$
$ +o,gso
L,970$
$ ¿s.gzo
YB
$11s
4
4
PN
$140
8
4
8
4
24
CB
$130
2
4
20
16
16
L2
70
DS
$28s
2
2
4
JP
$16s
3
2
4
8
17
KB
$2ss
3
4
L0
10
6
8
6
4
51_
Fehr & Peers
EAG
$140
6
16
24
22
16
16
L6
6
L22
Tasks
Task 0:
0.L - Kick-Off
0.2 - Bi s and CommunicationMeetin
and Sco0.3 - TMP Advisi ntDevel
Task I;Priorities
rtation Priorities#1. - Tranl-.1 - Worksho
Plan1.2 - Outreach
Task 2: Develop Multimodal Level of Service
MetricsM
#2 - LOS Metrics2.1 - Worksho
2.2 - MMLOS Metrics
Task 3: Model
ment Worksho3.1- Model Develo
Labor Total
ntinleaOther Direct nses
Total +
City of Kent Transportation Master plan - Scope of Work
October 31, 2û18
Exhibit B - Fehr 6¿ Peers Timeline and Responsibilities Matrix for Kent TMp phase I
2019
FebJan Mar
2018
Dec
Task
Task 0: Project management
0.1- - Kick-Off Meeting
0.2 - BiWeekly Meetings and Communication
0.3 - TMP Advising &. Scope Development
Task 1: Transportation Priorities
l-.1 - Workshop #1 - Transportation Priorities
L.2 - Outreach Strategy Plan
Task 2: Develop Level of Service (LOS) Metrics
2.1 - Workshop #2 - LOS Metrics
2.2 - Memorandum - LOS Metrics
Task 3: Model Development
3.1 - Meetin
Public Outreach (ln coordination with Fp Task 1_.2)
Goals, Vision, and Policies
Legislative Process (As needed)
Responsibility
Fehr 8¿ Pèers'
Phase 1
Under Contract
ciq/ sþff
.,--'-. -.;:-' !.':,-..?j:::¿.: .: :.>:-:¿ r-'.rì:;j l:ì" i,-.;_:,:, ,:.:.t...::
www.fehrandpeers.com
t2'1
EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. The City shall be named as an
Additional Insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
EXHIBIT C (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
This page intentionally left blank.
Agenda Item: Consent Calendar – 8D
TO: City Council
DATE: December 11, 2018
SUBJECT: Consultant Services Agreement with Skillings Connolly, Inc. for the
Operations and Maintenance Facility Fuel Island Replacement Project –
Authorize
SUMMARY: The City of Kent utilizes a diverse array of vehicles/equipment to provide
essential services to the Kent community. 200,000 gallons of unleaded gasoline and
50,000 gallons of diesel are purchased each year via the Washington State Department
of Enterprise Services advertised fuel contract. Purchasing fuel in this manor, compared
to purchasing at a retail establishment, continues to be an efficient method of doing
business.
The City’s current fueling island was installed in 1988. It includes two, sub-surface,
10,000-gallon unleaded tanks and one, sub-surface, 4,000-gallon diesel tank. The
fueling tanks, pumps, and associated equipment need replacement. The replacement
fuel island will include above ground fuel tanks, modernized pumps, and a canopy.
Staff have negotiated a scope of work and budget with Skillings Connolly, Inc. Their
scope will include contract document preparation for the new fuel island and
decommissioning the existing fuel island.
EXHIBITS: Contract
RECOMMENDED BY: Public Works Committee
YEA: Troutner, Fincher, Higgins NAY:
BUDGET IMPACTS: The Fuel Island project is a budgeted project funded through the
Capital Resources Fund.
STRATEGIC PLAN GOAL(S):
☒ Sustainable Services – Providing quality services through responsible financial management, economic growth, and partnerships.
☒ Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement.
MOTION: Authorize the Mayor to sign a Consultant Services Agreement with
Skillings Connolly, Inc. in an amount not to exceed $120,000.00, for the
Russell Road Operations and Maintenance Facility Fuel Island Replacement
Project, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
This page intentionally left blank.
KENT
WasHrNGroN
CONSULTANT SERVICES AGREEM ENT
between the City of Kent and
Skillings Connolly, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Skillings Connolly, Inc. organized under the laws of the State of Washington, located and
doing business at 5016 Lacey Blvd SE Lacey, WA 98503, Phone: (360) 4gI-3399, Contact: patrick Skillings(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following describedplans and/ or specifications:
The Consultant shall provide design and construction management services for a new fueling
station and abandonment (decommissioning) of the existing fueling station at the City of
Kent's Maintenance Shops located at 5821 S 240th St. Kent, WA 98032. For a description,
see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this
reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work
described in Section I by December 31, 2Ot9.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One
Hundred and Nineteen Thousand, Nine Hundred and Ninety-Nine Dollars and Eighty-Five
Cents ($119,999.85), for the services described in this Agreement. This is the maximum
amount to be paid under this Agreement for the work described in Section I above, and shall
not be exceeded without the prior written authorization of the City in the form of a negotiated
and executed amendment to this agreement. The Consultant agrees that the hourly or flat
rate charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's
billing rates shall be as delineated in Exhibit B-L,B-2, B-3, E-1, E-2 and E-3.
B' The Consultant shall submit Monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay thatportion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51,08 RCW, the parties make the following representations:
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant's services, or the Consultant is engaged in an independenfly
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal Revenue
Service and the state Department of Revenue.
The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant's
business, and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
The Consultant maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, uponproviding the other party thirty (30) days written notice at its address set forth on the signature block ofthis Agreement' After termination, the City may take possession of all records and ãata within the
Consultant's possession pertaining to this project, which may be used by the City without restriction. If the
City's use of Consultant's records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy t'2, and upon completion of the contract work, file the attached Compliance Statement,
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons oidamages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its oificers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFTCALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A.
B.
c.
D
E
F
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was madepursuant to this indemnification clause, and if that refusal is subsequently determined by a court havingjurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, theñ
Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal
on the Consultant's part,
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit F attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to Consultant for the purpose of completion of the work under
this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreèment shall belong to an¿
become the property of the City. All records submitted by the City to the Consultant will be safeguãrded bythe Consultant' Consultant shall make such data, documents, and files available to the City upoñ the City'irequest. The Consultant acknowledges that the City is a public agency subject to the Public Records Act
codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperatefully with the City in satisfying the City's duties and obligations under the Public Records Àct. The City's useor reuse of any of the documents, data, and files created by Consultant for this project by anyone other
than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CfTY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with
the authority to control and direct the performance and details of the work authorized under this Agreement,
the work must meet the approval of the City and shall be subject to the City's general right of inspection to
secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessaryprecautions and shall be responsible for the safety of its employees, agents, and subcontractors in theperformance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or dãmage to materials,
tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires itscontractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settie any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive meansof resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process, In any claim or lawsuit for damages arising frım theparties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
CONSULTANT SERVICES AGREEMENT - 3
(Over ç20,000)
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Comoliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email, This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person,
//
//
//
/t
//
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
IN WITNESS, the parties below execute this Agreement, which shall become effective onthe last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemedto have applied.
CONSULTANT:
By
(signature)
Print Name:
I
(t¡tte)
DATE
CITY OF KENT:
By
(signature)
Print Name: Dana Ralph
DATE
NOTICES TO BE SENT TO:
CONSULTANT:
Patrick Skillings
Skillings Connolly, Inc,
5016 Lacey Blvd SE
Lacey, WA 98503
(360) 497-3399 (telephone)
(360) 497-3857 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) Bs6-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent Ci Clerk
CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding,
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1, I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, orthe presence of all sensory, mental orphysical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer,
During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
For
Title:
Date:
4
5
By
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: L.2 EFFECTIVE DATE: January 1, 1998
SUBJECT:MINORIry AND WOMEN
CONTRACTORS
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, musttake the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of PIanning, parks, and public
Works Departments to assume the following duties for their respective departments,
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I,theundersigned,adulyrepresentedagentof
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the
Kent.
(date), between the firm I represent and the City of
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By
For:
Title:
Date
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
SCOPE OF WORK
Prepared for
CITY OF KENT
SHOPS FUEL TANK REPLACEMENT
October 25,20L8
Background:
The project site is the City of Kent's Maintenance Shops located at 5821 S. 240th St. Kent, WA, immediately
east of Russell Road and south of S. 240th St. The project entails the preparation of the design documents
for a new fueling station and the abandonment (decommissioning) of the existing fueling station after the
new fueling station is operational. The CITY has decided that there will be one construction contract with
two separate Schedules included in the contracts bid documents for this project:
L. Schedule A: lmprovements for New Fuel Station
2. Schedule B: Decommissioning and abandonment of the Existing Fuel Station
This Scope of Work will also be broken down into Scope elements as they apply to development of new
aboveground fuel tanks (Schedule A) and decommissioning of underground fueltanks (Schedule B). Work
elements, such a project management, have been combined when applicable to development of both
Schedule A and Schedule B.
Skillings Connolly, lnc. (CONSULTANT) will be the prime CONSULTANT for the project
Assumptions:
r The CONSULTANïs team will consist of the following employees:
o Patrick Connolly - Project Manager
o Don LaFord - Project Engineer
o Grant Gilmore - Environmental Services
o Randy Rossow- Design Engineer
¡ The CONSULTANT's anticipated SUBCONSULTANTs for the project will include:
o HWA Geosciences lnc. - Geotechnical engineering
o Hultz-BHU Engineers, lnc.-Electricalengineering
o ESN Northwest - Vendor - geoprobe and laboratory testing
¡ Vendors will be used to supply a drill rig and equipment needed to collect soil samples and a
certified lab will be used for soil and water testing for contaminants as part of the decommissioning
ofthe existing underground fuel tanks.
. City of Kent (CITY) shall pay all required CITY and State review and permit fees directly.
o CITY shall provide to CONSULTANT a usable AutoCAD base topographical map illustrating all
pertinent site features both above and below grade in the area of the proposed work.
¡ CITY shall provide to CONSULTANT a copy of the base plan showing the planned location for the
fueling station and new above-ground fueltanks.
r The CITY is proposing four (4) new above ground 8,000-gallon tanks: three (3) tanks for unleaded
gasoline and one (1-) tank for diesel fuel.
o All meetings and work required by CITY that is not listed herein will be considered extra work.
r There is an adequate source of power to accommodate the new facilities,
o For purposes of this Agreement, the overall duration of the Project will be six months from date of
Notice to Proceed.
Project No L8184
City of Kent
Soil and Water Analysis/Permitting
Skillings Connolly, lnc.Page 1 of 16
. Construction support is not included in this scope of work.
¡ The contract may be supplemented to extend time and add budget for construction support
services.
¡ CITY will provide the CONSULTANT's project manager a written request for any extra work not
specifically included herein.
¡ Deliverables will be30% (schematic phase), 90% design andtOO% Bid Package and bid support.o CONSULTANT's assumed total hours for attendance at project meetings are shown on the Fee
spreadsheet.
o CONSULTANT's assumed total hours for addressing design comments are shown on the Fee
spreadsheet
CITY W¡ll Provide the Following:
1-. Available as-built drawings of existing site conditions
2. Number and type of Fuel Dispensers and flow requirements.
3. Location of Dispensers
4. Desired location of Propane tank
5. Traffic flow to Dispenser lslands
6. Parking layout for the balance of the site
7. ldentify added services required at Dispense lslands (i.e. windshield washer fluid, air, water,
vacuum, DEF, etc.)
8. Decision on a standby generator for stand-alone fuel or alternate emergency power.
9. Provide Division L specifications for the General Conditions
L0. Overall Project Management, approvaland direction
11. Site Surveying services as needed including pick up and detailed measurements of existing canopy
for structural engineer's use.
12. Utility locates as needed prior to soil testing and drilling.
13. lnformation on Force Main lnstallation and potential impact on New Tank and Tank Closure work.
14. Source of electrical power.
15. City will make submittals for City building permits and pay fees as required.
Change Management:
This is a time and materials contract with a not to exceed maximum without a supplement to the contract.
The level of effort for various tasks listed in the budgeted hours spreadsheet is an estimate and actual
hours may vary for each line item. The contract will be managed to the contract maximum, not the task
level budgets.
Services to be provided by CONSULTANT:
The following tasks are anticipated as part of the CONSULTANT's work for the project.
Task 1 Project Management and Coordination (Schedule A and B)
Assumptions:
Consultant will manage development of both Schedule A and Schedule B work elements under this Project
Management task.
The CONSULTANT will:
1. Provide overall project coordination and project management for Schedule A and Schedule B
throughout the design process, through Bid, Ad and Award process.
Project No 18184
City of Kent
Soil and Water Analysis/Permitting
Skillings Connolly, lnc.Page 2 of 16
2. Attend up to three (3) meetings with the CITY to review design progress. Minutes will be taken by
CONSULTANT and distributed to participants.
a. Meeting 1 will be a kick offdesign meeting,
b. Meeting 2 will be held after the schematic (30%l design phase is complete
c. Meeting 3 will be held to review 90% drawings.
3. Set up and manage project files
4. Prepare a Project Management Plan and schedule
5. Conduct periodic bi-weekly phone conferences with CITY to discuss work progress and status.
6. Provide coordination with other team members (SUBSUBCONSULTANTs), including phone
coordination meetings, and e-mails.
7. Prepare up to six (6) monthly invoices along with progress summary reports.
8. Provide coordination with utility companies for the new electric service needed for the new fuel
island.
9. Project design close-out and document management for design and bid phases of project.
Deliverables:
o Project Management Plan,
¡ Project Work Plan and
o Project schedule.
¡ Meeting Minutes
¡ Monthly lnvoices accompanied by a progress report. lt is anticipated the monthly progress report
will address:
o Scope, Schedule and Budget status;
o Work that was completed during the last month;
o Discuss issues that have arisen that may impact the design budget and/or schedule;
o Discuss any unresolved issues, or outstanding questions awaiting response;
o Provide an anticipated 30-day look-ahead of anticipated work or issues to resolve.
Schedule A - Scope of Work
Task 2 New Fuel Station Design
CONSULTANT will provide the following:
1. Conceptual overall site plan showing tanks, dispensers, traffic flow and parking based on Kent
preliminary site plan input. This plan will be submitted to the City for approval,
2. Phasing plans (new tanks & tank closure) including Contactor access area, laydown areas and
special prohibitions.
3. Permit package for submittal to City of Kent new fuel tanks, dispensers, and canopy.
4. 30 Yo design, to include:
a, City Notes
b. Existing Conditions
c. Demolition plan
d. Site Plan final
e. Drainage/Stormwater Plan and SWPPP
f. Ut¡lity plan locations
g. Propane Relocation Plan
h. Dispenser lsland Plan and Services
Project No 18184
City of Kent
Soil and Water Analysis/Permitting
Skillings Connolly, lnc.Page 3 of L6
i. Tank Protection Conceptual Plan
j. Tank Specification
k. DispenserSpecification
l. StormwaterSpecification
m. Preliminary Schedule
n. Order of Magnitude of Probable Cost Estimate to Construct for New Tank
5. The CONSULTANT will prepare the necessary permit applications and the SEPA documentation for the
new tank installation. (CITY to submit the applications to City for development review)
30% Deliverables:
o 3O% design and specifications for Schedule A
r Preliminary schedule for Schedule A
o Order of Magnitude Cost estimate for Schedule A
6. 90% design-deliverable, to include:
a. Bid package drawings
i. Symbols
ii. Site and code data
¡¡i. City Notes Final
iv. Existing Conditions
v. Demolition and Erosion Control
vi. Stormwater PIan and SWPPP
vii. StormwaterDetails
viii, Paving Plan
ix. Striping and Signage Plan
x. Tank Foundation Plan and Details
xi. Underground Fuel Piping Plan and Details
xii. Fuel lsland Arrangement
xiii. Fuel lsland Details
xiv. Fuel lsland Canopy Plan
xv. Fuel lsland Canopy Structural Details
xvi. ElectricalOne Line Final
xvii. Electrical Conduit Layout
xviii. Electrical Equipment Arrangement and Details
xix. lnventory and Access Control Equipment Arrangement and Details
b. Prepare Project Schedules (Schedule A, New tanks lnstallation)
c. Prepare Engineer Estimates of Probable Cost to Construct for Schedule A: New Tanks
90% Deliverables:
t 9O% plans and specifications for review
o Project schedules, one for New Tank installation
¡ Engineers Est¡mate of Probable Cost to Construct for Schedule A
Task 3 Geotechnical Design Services
Assumptions:
¡ Site access will be provided to Skillings Connolly, HWA and their subcontractors.
Skillings Connolly, lnc.Page 4 of 1"6 Project No L8L84
City of Kent
Soil and Water Analysis/Permitting
o ldentification of potentially contaminated soils is not anticipated. lf contaminated soils are
encountered the CITY will be contacted for direction.
¡ Work by HWA will not include identification or evaluation of contaminants that may be present in
the soil or groundwater.
o Traffic data for design of pavement restoration will be provided to HWA by the City.
o CITY will call for utility locates prior to soil exploration.
The CONSULTANT will:
L. Provide coordination with the CITY and SUBCONSULTANT.
2. Review Geotechnical Report and supply to project structural engineer for use.
HWA will provide geotechnical engineering services in support of the proposed new above-ground fuel
tanks, canopy structure, new pump island and security wall. These services will consist of the following
subtasks.
Plan and Coordinate Field Work: HWA will coordinate with CITY and CONSULTANT to determine the
appropriate field exploration locations for proposed developments. This will include reviewing existing
information to evaluate where additional data is needed.
Conduct Site Reconnaissance and Utility Locates: Prior to conducting field exploration program, HWA will
conduct a reconnaissance of the site. This reconnaissance will be focused on identifying critical surface
features of the site and identifying the best exploration locations. During our site reconnaissance, HWA will
mark proposed boring locations and utility locates for the boring locations will be provided by the ClW.
Conduct Field Exploration: HWA proposes to drill two (2) geotechnical borings in support of the proposed
developments. This will include two (20) 20-foot borings to be advanced in the area of the location of the
fuel tanks. All exploration activities will be monitored full time by an HWA geotechnical engineer or
geologist. We expect that drilling of the proposed borings willtake approximately one (1)working day.
Generate Boring Logs and Assign Laboratory Testing: Soil samples retrieved from the borings will be sealed
in plastic bags and taken to our Bothell, Washington laboratory for further examination and testing.
Selected soil samples will be tested to determine their engineering properties. These tests will include
natural moisture content and grain size analysis. Soil information will be presented on summary boring logs
that will be generated upon completion of our exploration program.
Pavement Restoration Recommendations: HWA will perform analyses to provide a design pavement
section recommended for pavement restoration within the maintenance yard. Our engineering analyses
will be based on traffic data provided by the CITY.
Generate Draft and Final Reports: Ourfindings and recommendations will be presented in a draft
geotechnical report. Upon receiving review comments, HWA will finalize and stamp the report.
Deliverables:
¡ CONSULTANT will provide CITY with a hard copy of Draft and Final Geotechnical Report
Task 4 Structural Engineering Design Services
Assumptions:
Skillings Connolly, lnc.Page 5 of L6 Project No 18L84
City of Kent
Soil and Water Analysis/Permitting
Firm will identify a pre-designed canopy structure (e.g. Precision Canopy)
Task:
1-. Review structural design and plans and estimate prepared by structural engineer of pre-designed
structure and define equivalent.
Task 5 Electrical Engineering Design Services
The CONSULTANT will:
1, Provide coordination with the CITY and SUBCONSULTANT.
2. Review structural design and plans and estimate prepared by Skillings Connolly
HultzlBHU Engineers, lnc. will:
o Provide electrical engineering, design, construction drawings, technical specifications, and
construction cost estimates for the electrical systems. Mechanical and fuel tank design and the
water service design shall be responsibility of Skillings Connolly. Electrical design shall include
power, lighting, and fueling control systems within the footprint of the fueling station, back-up
power supply for fuel pumps and emergency lighting, and electrical service to the utility point of
connection. Security and communications pathway rough-in shall be designed to an onsite interface
location designated by the CITY. The fuel management and control system to be used shall be
designated by the CITY.
¡ Design Phase: One set of documents shall be provided for each submittal phase (30%, 9OTr, Final,
and Permit Phase) suitable for reproduction and distribution by CONSULTANT's office.
SUBCONSULTANT work include field investigation, attendance at appropriate coordination
meetings, and preparation of electrical energy code forms.
Schedule B - Scope of Work
Task 6 Underground Storage Tank (UST) Decommissioning
Introduct¡on
CITY, pursuant to the direction received from the scoping meeting, desires the tank decommissioning to be
included in the contract for the new tanks, but as a separate schedule, Schedule B. The decommissioning of
the existing UST will include soils testing and analysis for potential contaminated materials, which includes
analysis of both soils and groundwater samples taken at the existing UST location. A comparison of the
containment levels to MTCA Method A Cleanup Standards will be made and required permitting for
decommissioning through the Department of Ecology (ECY) will be provided. The work will also include the
preparation of the design, details, specifications and estimate for the tank extraction and site restoration,
Project Assumptions:
o Soil and groundwater samples will be collected using a geoprobe with use of an air-knife to avoid
utility impacts.
¡ Collected samples will be analyzed for NWTPH-Dx+x (diesel range- extended) and BTEXEPA 8021
(unleaded).
o Laboratory anal¡ical results will be compared to the Model Toxics Control Act (MTCA) "Method A
Cleanup".
Project No 1.8184
City of Kent
Soil and Water Analysis/Permitting
Skillings Connolly, lnc.Page 6 of 16
A SEPA document with the necessary attachments will be prepared in accordance with the City of
Kent guidelines. The CITY will submit the documents for review and approval.
Task 6.1- Sample Collection and Reporting
Assumptions:
o Geoprobe borings will be advanced at four (4) distinct locations.
¡ Discreet soil sample and groundwater samples will be collected from each boring.
¡ Groundwater samples will be collected at the groundwater interface.
¡ ESN Northwest will conduct each boring. ESN Northwest will utilize an air-knife in order to avoid
impacts to encountered utilities.
o Each boring will be decommissioned and sealed using clay bentonite as per ECY guidelines.
o Collected samples will be maintained on ice through delivery to the laboratory.
¡ CITY will conduct all coordination and correspondence with ECY regarding the results of laboratory
ana lysis.
¡ CONSULTANT will provide oversight and review of field sample collection and comparison of results
to cleanup standards.
o lf contaminants are present within the soils and exceed MOTA cleanup levels, an additional
supplement for a cleanup plan and associated work for cleanup for contaminated soils will be
provided in a new scope and budget.
Task Description:
L. CONSULTANT will develop a Sample Analysis Plan (SAP) which will include logistics for site
prepa ration, plan ning, scheduling and procedures.
2. CONSULTANT will collect soil and groundwater samples from two (4) distinct borings. Collected
samples will be delivered to ESN Northwest's laboratory for analysis, following method NWTPH-
Dx+x (Diesel range-extended) and BTEXEPA (unleaded). A Chain-of-Custody will be completed for
all collected samples, from point of collection to laboratory delivery.
3. CONSULTANT will prepare a Technical Letter describing sample collection methodology, analytical
results, and a description comparing sample results to MTCA Cleanup levels.
4. CONSULTANT will complete the required UST decommissioning documentation for ECY and CITY,
this includes:
a. 30-Day Notice for Underground Storage Tanks (ECY 020-95)
b. Permanent Closure Notice for Underground Storage Tanks (ECY 020-94)
c. Site Check/Site Assessment Checklist for Underground Storage Tanks (ECY 010-158)
Decommissioning (tank removal) procedural document with accompanying engineered drawings. (see task
below).
Deliverable:
r Four (4-6) discreet soilsamples.
¡ Four (4-6) discreet groundwater samples.
¡ Chain-of-CustodyRecord.
o Memo detailing sampling collection.
o Technical letter
o 30-Day Notice for Underground Storage Tanks (ECY 020-95)
o Permanent Closure Notice for Underground Storage Tanks (ECY O2O-94)
¡ Site Check/Site Assessment Checklist for Underground Storage Tanks (ECY 010-158)
Task 6.2 - Preparation of Plans and Specificat¡ons for Decommissioning
a
Skillings Connolly, lnc.Page 7 of 16 Project No 1-8184
City of Kent
Soil and Water Analysis/Permitt¡ng
L. The CONSULTANT will prepare a conceptual (3O%l site plan and details for decommissioning the
existing Tank, including the demolition and site restoration.
2. Prepare draft specifications for the tank decommissioning.
3. Prepare draft Stormwater Pollution Prevention Plan (SWPPP)
4. Prepare ROM Engineers Estimate of Probable Cost to Construct the decommissioning
5. Submit to CITY for review
Deliverable:
o 30% plans
o Draft Specifications
o ROM Engineers Estimate of Probable Cost to Construct
Task 6.3 - 90% PS&E for Tank Decommissioning
t. Upon receipt of the CITY'S 30% review comments, the CONSULTANT will complete the PS&E for the
removal of the tanks, including special details for excavation and backfill, pavement restoration and
site work.
2. Finalize the SWPPP
3. Prepare 90% Engineer's Estimate of Probable Cost to Construct (Schedule B)
Task 7 SEPA Checklist
Assumptions:
¡ The CITY requires a SEPA Application for the proposed UST decommissioning and proposed
installation of above ground fuels storage tanks.
o The SEPA Application will be reviewed by the project management team for final comments before
submittal to the CITY.
¡ The CONSULTANT will submit the final SEPA document to CITY for review.
Task Description:
1. CONSULTANT will complete the SEPA Application in accordance with the CITY requirements
Deliverable:
2. SEPA Application
Task 8 Bid Package Specifications, Final Construction Estimates, & Anticipated Construction Schedules
(Schedule A and B)
Assumptions:
Preparation of the bid package specification and estimate will include both Schedule A and Schedule B
elements, clearly defined by Schedule A and B.
Task Description:
7. The following Bid package Specifications per WSDOT Format will be provided
a. Division 1 General Conditions Kent Standard edited to suit project
b. Division 2 Earthwork and Existing Conditions - demolition
c. Division 3 quarry materials (Foundations)
Skillings Connolly, lnc.Page 8 of L6 Project No 18184
C¡ty of Kent
Soil and Water Analysis/Permitting
d. Division 4 Bases (paving replacement subbase)
e. Division 5 Paving (paving replacement)
f. Division 6 Structures (canopy)
g. Division 7 drainage (stormwater)
h. Division 8 Miscellaneous (pavement marking and signage)
i. Division 9 Materials (Aggregates, rebar, concrete, expansion joints, masonry, electrical, power,
conduit, Lighting, and communications)
j, Division 10 Special
i. Fire protection
¡i. Plumbing
iii. Fueltanks
iv. Fuel dispensing equipment and pumps
v. Fuel lnventory, leak monitoring and access control systems
vi. Systems Commissioning
2. Two Project Schedules, one for the new tanks and one for the tank decommissioning)-deliverable
3. Two Engineers Estimates of Project Cost (Schedule A: New tanks & Schedule B: Tank closures)
4. Submit the specifications, estimates and schedules to CITY for review.
5. Revise Specifications, Estimates and time Schedule per CITY's review comments.
Deliverables:
¡ Project specifications for two project Schedules
¡ Final Construction Cost Estimates for two project Schedules A and B
o Anticipated construction schedules for two project Schedules A and B
Task 9 IOO%Bid Package and Procurement Support (Schedule A and B)
The following applies to the lmprovements for New Fuel Station project, Schedule A:
t. 100% Bid package-deliverable
2. lnclude review comments in the above 90% documents and issue in electronic format for bidding
contract plans and specifications.
3. Procurement support
4. Respond to bidders' questions as requested by CITY. Participate in a Pre-bid conference at Public
works
The following applies to the Decommissioning of the UST contract, Schedule B:
L 100% Bid package-deliverable
2. lnclude review comments in the above 90% documents and issue in electronic format for bidding
pla ns a nd specifications.
3. Procurement support
4. Respond to bidders' questions as requested by CITY
5, Participate in a Pre-bid conference at CITY site.
Task 10 Additional Services to be Added by Contract Supplement (Schedule A and B)
1. Construction Phase Support:
¡ Not lncluded. To be authorized as needed
Skillings Connolly, lnc.Page 9 of 16 Project No L8184
City of Kent
Soil and Water Analysis/Permitting
2. Construction Management and inspection
o Not included. To be authorized as needed.
3. Commissioning
¡ Not included. To be authorized as needed.
END SCOPE OFWORK
Prepared by: Patrick Skillings, PMP
Reviewed by: Thomas Skillings, PE
LO/1912078
10/ts/2018
Skillings Connolly, lnc.Page 10 of 15 Project No 18184
City of Kent
Soil and Water Analysis/Permitting
18184
CITY OF KENT
SHOP FUEL TANK S REPI.ACEMENT
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TASX *TASK DESCRIPTION
I PROJECT MANAGEMENT AND COORDINANOAI
Schedule A and Schedule I
1
Provide overall project coordination and project
management through the design process, through Bid,
Ad, and Award process.
4 I 4
2
a Meet¡ng 1 - kick-off design meeting.4 4 4
b
Meeting 2 - to be held after the schematic (30%) design
phase is complete.4 4
(Meetins 3 - review 90% desisn olans.4 4
3 set-up and manage prolect files.2
4 Prepare a Project Management Plan and schedule.3
5
Conduct per¡od¡c, min¡mum of bi-weekly phone
conferences with Client to discuss work progress and 2 2
6
Provide coordination w¡th other team members
(subconsultants), including phone coord¡nation,
meetings, and emails.
2
7
Prepare up to s¡x (6) monthly invo¡ces along with
ptogress summary reports,4
I Provide coordinat¡on with utility companies for the new
electric service needed for the new fuel island.(hultz)2
9
Project design close-out and document management
for design and b¡d phases of project.2 2
SCHEDUTE A
2 NEW FUEL STATION DESICN
T
Conceptual overall site plan showing tanks, dispensers,
traffic flow, and parking based on Kent preliminary s¡te
plan input. Theplan will besubmittedto thecityfor
approval.
8 I
2
Phasing plans (new tank & tank closure) including
Contractor access area, laydown areas, and special
provisions.
2 L 8
3
Permit package for submittal to City of Kent new tanks,
dispensers, and canoÞv.2 8 8
4 30% Design:
ä C¡ty Notes 2 I
b Existing Conditions 2 4
c Demolition Plan L 4 I
d Site Plan Final 2 I
e Drainage/Stormwater Plan 2 4
I Utility Plan Locations 2 I
E Propane Relocat¡on Plan 1 4
h Dispenser ¡sland Plan and Services 2 t6
fank Protection Conceptual Plan 2 8
Iank Specificat¡ons 4 8
k Dispenser Spec¡fications 2 8
Stormwater Specifications 2 8
m Preliminary Schedule 4
n
Order of Magnitude Cost Estimate for New Tank and
Tank closures 2 8
5
Prepare the necessary permit applications and the SEPA
documentation for the new tank installation. (Client to
submit the applications to City for development rev¡ew.
2 16
EXHIBIT B-1
CONSUTTANT COST COMPUTATION - MAN-HOURS
Project No 18184
City of Kent
Soil and Water Analysis/Permitting
Skillings Connolly, lnc.Page 11 of L6
18184
CITY OF KENT
SHOP FUEt TANK S REPTACEMENT
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TASK I TASK DESCRIPTION
6 90% Design=deliverable to include:
a Bid Package Drawings 2 2
Symbols I 2
il Site and Code Data L 4
ilt City Notes Final L 4
IV Existing Cond¡t¡ons L 2
Demolition and Erosion Control L 2
vt Stormwater Plan 2 8
vil Stormwater Details 2 8
VIII Paving Plan 7 I
tx Striping and Signage Plan T 4
x Tank Foundation Plan and Details I 4
XI Underground Fuel Piping Plan and Details 4 16
xil Fuel lsland Arrangement 2 8
xilt Fuel lsland Details 2 T6
xtv Fuel lsland Canopy Plan 2 4
XV Fuel lsland Canopy Structural Details (pre-designed)0 0
xvt Electr¡cal One Line Final (see Hultz BHU)L 7
xvÍ Electrical Condu¡t Layout (see Hultz BHU)2 L
xvilt Electrical Equipment Arrangement and Details (BHU)2 2
xtx
lnventory and Access Control Equipment Arrangements
and Details 4 2
b
Prepare Project Schedule (Schedule A, New Tanks
lnstallation).4 4
c
Prepare Engineer's Est¡mate of Probable Cost to
Construct for Schedule A: New Tanks.4 L6
3
GEOTECHNICAL DESIGN SERVICES - to be performed
by HWA GeoSciences, lnc.
T
Provide coordination with City and HWA Geosciences,
lnc.2
2 Review Geotechnical Report 2
4 STRUCTURAT ENGINEERING DESIGN SERVICES - Pre-
designed
7
ldentify pre-design canopy manifacturer and or
equivilant 2
5
ELECTRICAT ENGINEERING DESIGN SERVICES - to be
performed by Hultz I BHU Êngineerins, lnc.
1 Provide coordination with City and H ultz I BH U.4
2
Rev¡ew electrical and plans and estimate prepared by
Hultz I BHU Engineering, lnc.2 4
Skillings Connolly, lnc.Page 1"2 of L6 Project No L8L84
City of Kent
Soil and Water Analysis/Permitting
18184
CITY OF KENT
SHOP FUEt TANK S REPTACEMENT
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TASK ü TASK DËSCRIPTION
SCHEDUTE B
6 UNDERGROUND STORAGE TANK (UST) REMOVAT OT
EXIST]NG FUETING STORAGE TANK
6.1 SAMPTE COITECTION & REPORTING
1
Develop a Sample Analysis Plan (SAP) which will include
logistics for site preparation, planning, scheduling, and
procedures.
4 76
z
Collect soil and groundwater samples from two (2)
distinct borings. Collected samples will be delivered to
ESN Northwest's Laboratory for analysis, following
method NWTPH=Dx-x (Diesel range-extended) and
BTEXEP{A (unleaded). A Chain-of-Custody will be
completed for all collected samples, from point of
collection to laboratory delivery.
8
3
Prepare a Technical Letter describing sample collection
methodology, analytical results, and a description
comparing sample results to MTCA Cleanup levels.
4 72
4
Complete the required UST decomm¡ssioning
documentation for the Depãrtment of Ecology that
includes:
2 4
a
30-day Notice for Underground Storage Tanks (ECY 020-
es)1 L 4
b
Permanent Closure Notice for Underground Storage
Ianks (ECY 020-94).1 2 4
c
Site Check/Site Assessment Checklist for Underground
Storase Tanks (WCY 010-158)T 1 4
d
Decommissioning (tank removal) procedural document
with accompanving enÊineered drawings.2 2 4 8
6.2 Preparat¡on of Plans and Specifications for
Decommissioning
1
Prepare a conceptual (30%) site plan & details for
decomm¡ssioning the exist¡ng tank, including
demolition and site restoration.
2 8
2
Prepare draft specif¡cations for the tank
decom missioning.4 4
3 Prepare draft Stormwater Pollut¡on Plan SWPPP 8
4
Prepare ROM Eng¡neer's Estimate of Probable Cost to
Construct the decommissioning.2 8
5 Submit to Client for review.1 2
6.3 90% PS&E for Tânk Decomm¡ss¡oning
7
Upon Receipt of Client's 30% review comments, the
Consultant will complete the PS&E for the removal of
the tanks, including specìal details for excavation and
backfill, pavement restorat¡on and site work.
4 8
2 Finalize SWPPP 2
3
Prepare 90% Engineer's Estimate of Probable Cost to
Construct (Schedule B).
1 4
7 SÉPA ENVIRONMENTAT CHECKTIST APPTICATION
1
Complete the SEPA Application in accordance with the
Clty of Kent requ¡rements.2 16
Project No 18184
City of Kent
Soil and Water Analysis/Permitting
Skillings Connolly, lnc.Page 1.3 of 16
18184
CITY OF KENT
SHOP FUEL TANK S REPIACEMENT
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TASK #TASK DESCRIPTION
SCHEDUIE A and Schedule B
8
Bf D PACKAGE SpECtFtCATtONS, FTNAL CONSTRUCÍtON
ESTIMATES & ANTICIPATED CONSTRUCTION SCHEDUTE
L
The following Bid Package Specifications will be
provided in WSDOT Format.8
a
Division 1 - General Conditions Kent Standard edited to
suite project.2
b
Division 2 Earthwork and Existing Conditions
Demol¡t¡on.1
c Division 3 Quarry Materials (Foundations).7
d Division 4 Bases (Paving Replacement Subbase).1
e Division 5 Paving (Paving Replacement).L
f Division 6 Structures (Canopy)2
g Division 7 Drainage (Stormwater)1
h
Division 8 Miscellaneous (Pavement Marking, and
Signage).7
i
Division 9 Materials (Aggregates, Rebar, Concrete,
Expansion Joints, Masonry, Electr¡cal, Power, Conduit,
Lighting, and Communication).
2
Division 10 Special
i-Fire Projection.2
i-2 Plumbing 2
j-3 Fuel Tanks 4
i-4 Fuel Dispensing Equipment and Pumps.4
¡-5
Fuel lnventory, Leak Monitoring, and Access Control
Systems (Holtz)2
i-6 Systems Com missioning.4
2 Two Project Schedules (New Tanks & Tank Closures)2
3
Two Engineer's Estimate of Project Cost (New Tanks &
Tank Closures)4 4
4
Submit the Specifications, Estimates, and Schedule to
City for review.1 2
5
Revise Specificat¡ons, Estimates, and Schedule per C¡ty
review comments one t¡me.4
9 LOO% BID PACKAGE AND PROCUREMENT SUPPORT
1 1.00% Bid Package-deliverable.4 4
lnclude review comments in the above 90% documents
and will be issued in electronic format for bidding
contract plans and specifications.
2 Procurement Support L
3 Respond to Bidder's questions as requested by City 2 4
4 Partic¡pate in a pre-bid conference at City 2 0
10 CONSTRUCTION SERVICES WILT BE ADDED BY
CONTRACT SUPPLEMENT
HOURS PER DISCIPLINE 4 27 L92 47 88 330
Project No L81-84
City of Kent
Soil and Water Ana lysis/Permitt¡ng
Skillings Connolly, lnc.Page L4 of 16
EXHIBIT B-2
CONSULTANT COST COMPUTATION - SUMMARY
Classification Man Hours x Rate Cost
PRI NCI PAL-I N.CHARGE
PROJECT N/ANAGER
PROIECT ENGINEER
5R ENVI RONMENTAL SCI ENTIST
STATF SCIENTIST
ENGINEER
4
27
792
47
88
330
688
x
x
x
x
x
x
521.9.78
s188.s9
s139.s9
s108.s2
$g¡.ss
51.02.46
s879.12
ss,092.0s
526,801.19
ss,100.60
s8,232.8 1
s33,813.34
Total Hours =Total NHR
Mileage
Miscel laneous Expenses
300
s 101.2s
x
x
s0.s4s s163.s0
s101.2s
Total Expenses=
$gBCo fllsutrArut co$i (qe e I Fih¡fr iti Elj : I i ! i ! i | : I i i i i i i : i i i ; . i i : ' :
HWA Geosciences, lnc.
Hultzl BHU Eng¡neers, lnc.
ESN Northwest
s1s,096.00
s19,600.00
ss,120.00
x
x
x
o%
0%
o%
s1s,096.00
s19,600.00
ss,120.00
Total Subconsultants
Sub Totel
Schedule A
Schedule B
s88,452.43
s31,,s46.42
GRANDTOTAT
PREPARED BY: PatricK SKiI PMP DATE: t0/25/2O18
REVIEWED BY: Thomas E. Skillines, PE DATE: 70/25/2078
Skillings Connolly, lnc.Page 15 of L6 Project No L8184
City of Kent
Soil and Water Analysis/Permitting
EXHIBIT B-3
CONSULTANT COST COMPUTATION - EXPENSES
Item Description Basis Quantitv Rate Total
L Telephone Month So.oo
2 Auto Rental Each So.oo
3 Lodging Day So.oo
4 Per Diem-Meal Day So.oo
5 Photo Copies - Blk & White Each 100 s0.10 s10.00
6 Photo Copies - Color Each 25 So.¡s Ss.zs
7 Half Sized Prints Each 15 s0.s0 s7.s0
I Full Sized Prints Each So.oo so.oo
9 Postage Month So.oo
10 Shippine Month So.oo
11 FAXs Each So.oo
1.2 M iscellaneous Pro¡ect Costs Month 2 Sso.oo s7s.00
13 M iscellaneous Survey Costs Estimated So.oo
74 Traffic Control Estimated So.oo
Total Miscellaneous Expenses s101.2s
Mileage Per Mile 300 0.545 s 163.s0
Total Expenses 5264.7s
Skillings Connolly, lnc.Page 16 of L6 Project No 18L84
City of Kent
Soil and Water Analysis/Permitting
Act¡v¡ty
NEW FUEL TANKS & ISLAND
lnit¡al meet¡ng & site layout by pW
CAD File set-up
S¡te bo.¡nE requ¡rements
Geotech borings
Foundat¡on Design (tanks & ¡sland)
Storm Water des¡gn
Fuel p¡p¡ng design
30% Des¡gn and Submìt to C¡ty
Draft Geotechnical Report
SEPA Checkl¡st
Public Works Rev¡ew
Draft and Submit permits to City
F¡nal Geotechical Report
Draft 5pec¡fications
Rev¡ew Mod¡fy General condit¡ons
Estimate preparation
Construction Schedule
Complete Tank storm water, ¡sland CAD
90% subm¡ttal/Public works Review (includes SWppp)
lncorporate Public works Comments
lssue B¡d Package to Public Works
Permit issued by C¡ty
Cont¡ngency
ÊXISTING TANK CLOSURE (assume no Contaminat¡on)
wk1
ln¡t¡al meeting w¡th PW for coordinat¡on X
F¡eld sampling/Geoprobe
Ewluate test ¡eports
Samplìng Report
CAD file of exist¡ñg rank (by PW)
CAD dÞwìngs for tênk removal & backf¡ll
Submit 30% Plans to City
Draft and Submit permits to C¡ty
Spec¡ficêtions for Tank Closure
Review Modify General Conditions
Complete tank closure drawings
Est¡mate Preparât¡on
Decommiss¡on Schedule
90% submittal/City Review (tncludes SWPPp)
lncorporate Public works Comments
lssue Bid Packag€ to Pqbl¡c Works
Permit ¡ssued by City
Contingency
Note: ¡f Contåmination found
Add 4 weeks for added bor¡ngs/testing
Add 2 more week5 for remed¡atÌon plan
wk1 wk2 wk3 wk4 wks wk6 wk7 wk8 wkg wklo wk11 Wk12 Wk13 Wk14 Wkls Wk16 Wk17 wk18
X
X
XX
x
x
XXX
X
x
x
x X
wk2 wk3 wk4 wk5 wk6 Wk7 Wk8 Wk9 Wklo Wk11 Wk12 Wk13 Wk14 Wkls Wk16
x
X
X x
X
x
X
x
X
x
X
X
X
x
x
x
X
X
x
x
x
x
X
x
x
X
X
X
X
X
x
x
x
x
x
X
x
X
X
X
x
X
x
x
City of Kent Fuel Tank Decom and lnstall 70/79/!8
EXHIBIT E-1
SUBCONSULTANT COST COMPUTATION - SUMMARY
Ð\ml FIWAGEOSCIENCES INC.
Ceotechnical & Parcnent Ëngineering , Hydrogeologl' 'Ceoenyironntental , Inspection & Testing
October 2,2018
HWA Project No. 2018-P132-21
Skillings Connolly, Inc.
5016 Lacey Boulevard SE
Lacey, Washington 98503
Attention: Patrick Skillings
Subject Geotechnical Engineering Services
Kent Fuel Station
Kent, Washington
Dear Mr. Skillings;
In accordance with your request, HWA GeoSciences Inc. (HWA) is pleased to present this scope of work
to provide geotechnical engineering services for a new fueling station at the City of Kent's maintenance
yard located at 5821S 240'h Street in Kent, Washington.
PROJECT UNDERSTANDING
We understand that the City of Kent will be installing four (4) new 8,000-gallon above-ground fuel tanks
near the southeast corner of the maintenance yard. Installation of the new fuel tanks will require
foundation design for the tanks, integrated fuel dispensing system, and a new canopy structure. An
ecology block enclosure with liner will be used for spill containment. To complete the geotechnical
portions of this work, HVy'A proposes the following scope of work for this project.
GEOTECHNICAL ENGINEERING SERVICES
HWA will provide geotechnical engineering services in support of the proposed new above-ground fuel
tanks, canopy structure, new pump island and security wall. These services will consist of the following
subtasks.
a Plan and Coordínate Field úI/ork: HWA will coordinate with City of Kent and Skillings
Connolly, Inc. to determine the appropriate field exploration locations for proposed
developments. This will include reviewing existing information to evaluate where additional
data is needed.
21312 30'h Drive SE
Suite I l0
Bothell, WA 98021-7010
Tel. 425.774.0106
Fax: 425.774.2114
www.hwageo.com
October 2,2018
HWA Project No. 2018-P132-21
a Conduct Site Reconnaissance and Util¡fy Locøtes: Prior to conducting our field exploration
program, HWA will conduct a reconnaissance of the site. This reconnaissance will be
focused on identifying critical surface features ofthe site and identifying the best exploration
locations. During our site reconnaissance, HWA will mark proposed boring locations and
utility locates for the boring locations will be provided by the City of Kent.
Conduct Field Explorøtion: HWA proposes to drill two (2) geotechnical borings in support of
the proposed developments. The borings will be advanced within the footprint of the fuel tanks
o
All exploration activities will be monitored full time by a HWA geotechnical engineer or
geologist. We expect that drilling of the two (2) proposed borings will take approximately one
(1) working day.
Generate Boring Logs and Assign Løboratory Testíng: Soil samples retrieved from the borings
will be sealed in plastic bags and taken to our Bothell, Washington laboratory for further
examination and testing. Selected soil samples will be tested to determine their engineering
properties. These tests will include natural moisture content and grain size analysis. Soil
information will be presented on summary boring logs that will be generated upon completion of
our exploration program.
Generate Draft ønd Final Reports: Our findings and recommendations will be presented in a
draft geotechnical report. Upon receiving review comments, HWA will finalize and stamp the
report.
Project and Contrøct ManagemenL' HWA will prepare monthly invoices, and progress
reports, if required, and correspond with the design team on a regular basis.
ASSUMPTIONS/CONDITIONS
The following assumptions were made as part of the development of the proposal for this work:
. Site access will be provided to HWA and their subcontractors.
. Any required permits will be provided at no cost to HWA.
. Our scope does not include identification nor evaluation of contaminants that may be present in
the soil or ground water.
BUDGET
We estimate that the scope of services described herein will require a budget of $15,096. A breakdown of
these costs is presented on the attached project cost estimate spreadsheet. We will not exceed the above
cost estimate without your prior authorization. However, if during the evaluation of the available data or
during our field explorations, unanticipated subsurface conditions are revealed which would require a
level of effort beyond the scope of our study, we will contact you immediately to discuss any necessary
modifications to our scope of services and/or budget.
a
a
a
2Kent Fuel Station.docx HWA GeoSciences Inc
October 2,2018
HWA Project No. 2018-P132-21
HWA reserves the right to transfer hours and budget dollars between tasks, labor and direct costs within
the overall budget, as necessary to satisfy project requirements.
Thank you again for the opportunity to provide this proposal. Should you have any questions regarding
this proposal, or require additional services, please contact us at your convenience.
Sincerely,
HIVA GEoSCIENCES INC.
Zakeyo Ngoma, P.E.
Geotechnical Engineer
Encl.: Project Estimate
3Kent Fuel Station.docx HWA GeoSciences Inc
PROJECT COST ESTIMATE
GEOTECHNICAL SERVICES
Kent Fuel Station
ll¡$l rmcoacnNcrsrNc
HrüA Ref.: 2018-P132-21
Date: 17-Sep-201E
Revised Date: 2-Oct-201t
Prepared By; ZIt{K€nt' lrvæhington
PROPOSED SCOPE: See ¡nached ScoIrc Document
LABOR:
LABORATORY TESTING ESTIMA
Total
Cost
$l 65
$750
$80
$400
$1,39s
Unit Test
Cost $/each
sl 65
s750
s20
sl00
Est. No.
Tests
I
4
4
TEST
Atterberg Limits
One-Dimmsion Consolidation Test
Natural Moisture Content
Grain Size Analysis (Sieve Analysis Wet)
LABORATORY TOTAL:
ESTIMATED
$9.91 i
$9,91s
Iot¿l Labo¡ Cost
TOTAL LABOR:
ESTIMATED DIR"ECT EXPENSES:
s36
$ 1,395
s3.750
s5.181
Vlileage
Laboratory Testing
Drilling Subco¡tracto. Cosr
f,STIMATf,D DIR,ECT EXPENSES TOTAL:
ESTIMATf,D PROJECT TOTALS FOR PIIASE 2:
s9,91 5
$5,18t
st5-096
iabo¡ Cosr
)ired Expenses
TOTAL ESTIMATED COST FOR PROJECT:
Assumptions:
1. Allhou¡sædiæmsaeestimated,ædmaybeincreasedordecresedwithinthelimitsofthetotalbudgetatthedisc¡etionoftIWA'sprcject
ma¿ger. ThelfwAprcjectmmagermayalrctrmsferfundsallæatedfordirectcoststoprofessional/tæh¡icalhours,mdvice-ven4asneeded
to mæt the demmds of the prcject.
2. Drill cuttings generated during our explontions will be drummed dd exponed.
3. Applicable pemitlapproval of exploraúon plm for drilling the proposed borings will be provided by City of Keft at ¡o cost to !lwA.
evaluation of contaminants that may be presmt in the soil or g¡ound water is included in this scope ofwork.
5. We assume that the eea to be explored will be cleaed ofequipmen æd othe¡ mate¡ial so that we cd acçess with our üack-mounted drill rig-
TOTAL
LABOR
s1.095
$s95
s3.250
s2.28s
s935m
$ 1.350
TOTAI-
HOURS
l0
5
24
l6.s
6.5m
9
PERSONNEL AND 2OI8 HOURLY RATES
Clerical
s7s.00
I
I
CAD
s120.00
-
05
0.5
Geolosist V
sl 30.00
1
1
Geotæhnicål
Engineer I
s105.00E
I
9
3
l0
4
E
Geotechnicål
Eneineer lV
sl 50.00
2
t2
8
4
9
Geotechnical
Eneineer VI
s200.00E
2
2
IE
WORKTASK
DESCzuPTION
ad
Conduct Field Exploration (æsme 2 borings)
Gensate Boring Logs od Assig Laboratory Testing
Engineering Analysis
Generate Draft Geotecbnical Repofi
Add¡ess Review ComÐts Ðd Finâliæ
HWA Budget Estimate.xlsx HWA Geosc¡ences lnc.
su BcoN s u LrANr .5äi'8[^F;irAr oN - su M MAR'
HuLrzH BHU
engine ers inc
october 1,6,2018
Skillings Connolly lnc.
5016 Lacey Boulevard SE
Lacey, WA 98503
Attention:
Subject:
Patrick Skillings
City of Kent - Fuel Tank Replacement Project
Engineering Fee Proposal
Patrick,
Thank you for this opportunity to work with you on this project; this proposal is for electrical
engineering services.
Proiect Description
Provide demolition of an existing vehicle fueling station to include two underground fuel tanks. Provide
new vehicle fueling station and above ground fueltanks at an alternate location on same site.
New work shall include (4) 8,000 gallon fuel tanks, (4) duel fuel dispensers, fuel pumps and associated
fuel piping, water service, vacuum canister and compressed air for each fuel island, small building to
house the air compressor and electrical systems (power, control, fuel management and monitoring), fuel
island canopy with lights, dedicated electrical service with backup generator power, and service conduit
pathway in for security and communications systems. Existing City generator and air compressor shall
be used for backup power and compressed air services to the fuel island.
Scope of Services
Provide engineering, design, construction drawings, technical specifications, construction cost
estimates, and construction support services forthe project's electricalsystems. Electricaldesign shall
include power, lighting, and fueling control systems within the footprint of the fueling station, standby
generator, and electrical service to the utility point of connection. Security and communications
pathway rough-in shall be designed to an onsite interface location designated by the Owner, The fuel
management and control system to be used shall be designated by the Owner.
Design Phase: One set of documents shall be provided for each submittal phase (SD, DD, CD, Permit,
and Final) suitable for reproduction and distribution by your office. Our work includes field
investigation, attendance at one (1) coordination meeting with the City, and electrical energy code
forms.
Bid Phase: Review of electrical substitution requests, respond to contractor questions, and prepare
mechanical and electrical items to be incorporated into addenda issued by Skillings Connolly.
Construction Phase: Not included at this time.
1 11 '1 Fawcett Avenue, Suite 100 . Tacoma, Washington 98402
T253.383.3257 . F 253.383.3283 o general@hultzbhu.com
Proposed Fee
' li"t, LÅ/I Irt.'
October t6,2018
Skillings Connolly
City of Kent - Fuel Tank Replacement Project
Engineering Fee Proposal
Page 2
We propose to provide the services described above on a time and materials basis (except where noted
otherwise), as follows:
Design Phase - Electrical $ 18,750
Bidding Phase - Electrical S 600
Reimbursable Allowance (Printing) S 250
We will bill monthly as a percentage complete; payment is due within 60 days of billing. Past due
amounts will accrue interest at the rate of L5% per month, plus any costs to obtain payment.
Anticipated tasks and estimate hours are attached. Hourly rates for any hourly services are as follows:
Principal 2OO S/hr; Associate Principal 775 S/hr; Senior Engineer 150 S/hr; Project Engineer 135 S/hr;
Project Manager L25 S/hr; Senior Designer I7O S/hr; Project Designer 95 S/hr; Drafter S 85/hr;
ClericalS 55/hr.
Assum ptions/Qualifiers
1-. Attendance at the pre-bid meeting is not included.
2. Attendance at the pre-construction meeting is not included.
3. Submitting for permits and permit fees is not included (coordination in completing permit forms is
included; responding to permit comments is also included).
4. We will be provided AutoCAD compatible backgrounds of the site.
5. "Hatd" copies of the final bid set plans and specifications will be furnished us (or if we have to
print, the cost will be treated as a reimbursable expense)
6. No unusual or detrimental conditions exist at the site or in the vicinity requiring any analysis or
design consideration by us (electrical power quality issues, special permit process or reviews, etc.)
Sincerely,
Hultz I BHU Engineers Inc.
' -^L
¡it'4(
Tom Urquhart, PE
Principal
EXHIBIT E-3
SUBCONSULTANT COST COMPUTATION - SUMMARY
Envitoume ntal
Setvices Netlvotlc
September 17,2018
On-Site Sample Collection for Skilling Connolly
I(ent, Washington
City of Kent Maintenance Facility
5821 S 240tr' Street
ESN will mobilize a Direct Push Tluck to the project site to collect soil and water from 4-6 borings to 30 feet,
All borings will be Air.Knifed to 5 feet, placing soil back in the hole and patohing to matoh the existing surface,
The project is expected to take I day with two crews,
Direct Push Truck & Air-Ifuife
Truck Day Rate (2 Operatot'so 8 Hrs)
Air-Knife (8 Hrs)
Overtime (After 8 Hts On-Site)
Mobe/Demobe/Fuel - 2 Tlucks
Start Cards (water)
Liner ($llft)
Drums (16 Gallon) I soil, 1 water
Patching Air-Ituife Holes
PVC Screen ($Sln¡ IfNeeded
PVC Riser ($3/ft) If Needed
Estimated Total $4,160
Chemistry (Std 5 Day TAT)
NWTPH-GX/BTEX (4 soil, 4 water)
NWTPH-DxExI (4 soil,4 water)
Estimated Total $960
Additional days, if needed, will be at the same day rates, All utilities must be located and holes cleared by the
client.
$1,750
$1,650
$280
$60
$1s
$t
$6s
$40
$s
$:
$1,750
$ 1,650
$0
$120
$e0
$ 180
$1 30
$240
$0
$0
xl=
xl
x0-
x2-
x 6-
x180=
x2=
x6
x0=
x0:
$60
$60
$480
$480
x8=
x8=
[ì*{/r*ø
Anisa Harnden, Drilling Manager
1210 Eastside Street SE, Suite 200 n Olyrnpia, S7ashington 98501 s 36A.459,4670 $ Fr\.X 360.459.3432
\(ielr Siter awlt,e¡flnu.(,vfi1 li-N{ail,' itfo@esnnu.cottt
EXHIBIT F
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
su bcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual lia bility coverage.
2. Commercial General Liabilitv insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11
85 or a substitute endorsement providing equivalent
coverage.
3. Workers'Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the
Consultant's profession.
B. Minimum Amounts of fnsurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
EXHIBIT F (Continued )
2. Commercial General Liability insurance shall be written with
limits no less than $3,000,000 each occurrence, $3,000,000general aggregate,
3. Professional Liability insurance shall be written with limits no
less than $3,000,000 per claim and 93,000,000 policy
aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and commercial General Liability
insurance:
The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, sêlf-insuranöe, or iñsurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
1
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days pridr
written notice by certified mail, return receipt requested, has been given
to the City.
3, The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on
of the Consultant and a copy of the endorseme nt namin the City a
additional insured shall be attached to the
behalf
S
The
D, Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
EXHIBIT F (Continued )F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
This page intentionally left blank.
Agenda Item: Consent Calendar – 8E
TO: City Council
DATE: December 11, 2018
SUBJECT: Downey Farmstead Contaminated Soil Removal 2017 Waterworks Grant
Agreement – Authorize
SUMMARY: The Downey Farmstead Project is a salmon habitat and flood control project
proposed on the banks of the Green River. Arsenic contamination was discovered on
one of the project parcels during testing in 2014 that needs to be cleaned-up prior to
habitat restoration. This grant would provide funding to remove contaminated soils and
dispose of them at an approved site. Thus, preparing the site for the next stage of the
project, which awaits further grant funding.
EXHIBITS: Grant Agreement with 2017 King County WaterWorks
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Troutner, Higgins NAY:
BUDGET IMPACTS: Funds provided by other grants (Salmon Recovery Funding
Board, Puget Sound Acquisition and Restoration, King County Cooperative Watershed
Management) will be used as match for this King County WaterWorks grant.
STRATEGIC PLAN GOAL(S):
☒ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure.
☒ Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation
MOTION: Authorize the Mayor to sign the 2017 WaterWorks Grant
Agreement with King County to fund removal of contaminated soil at
Downey Farmstead Project site, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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2017 WaterWorks Grant Program
Grant Agreement Cover Page
Grant Year: Competitive 2017/2018
Project Name: Downey Farmstead Contaminated Soil Removal
Recipient: City of Kent
Funding Amount: $125,000.00
Project Summary Remove 300 tons of lead and 20 tons of arsenic
contaminated soil within the footprint of the Downey
Farmstead Restoration Project to ensure that hazardous
material does not contribute to future contamination of the
Green/Duwamish River. This site will provide side-channel
habitat that will provide rearing and refuge habitat for
threatened salmon species.Remove 300 tons of lead and 20
tons of arsenic contaminated soil within the footprint of the
Downey Farmstead Restoration Project to ensure that
hazardous material does not contribute to future
contamination of the Green/Duwamish River. This site will
provide side-channel habitat that will provide rearing and
refuge habitat for threatened salmon species.
Primary Contact: MattKnox
Phone: 253-856-5551
Email: mknox@kentwa.gov
Start Date:
End Date: July 31, 2020
Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 1 of 13
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 Downey Farmstead Contaminated Soil Removal,
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: Remove 300 tons of lead and 20 tons of
arsenic contaminated soil within the footprint of the Downey Farmstead Restoration
Project to ensure that hazardous material does not contribute to future
contamination of the Green/Duwamish River. This site will provide side-channel
habitat that will provide rearing and refuge habitat for threatened salmon
species.Remove 300 tons of lead and 20 tons of arsenic contaminated soil within the
footprint of the Downey Farmstead Restoration Project to ensure that hazardous
material does not contribute to future contamination of the Green/Duwamish River.
This site will provide side-channel habitat that will provide rearing and refuge
habitat for threatened salmon species.
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 $125,000.00,
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 $5,838,541.00, to be verified in submitted PROJECT reports.
Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 2 of 13
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.
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 some cases at the
discretion of the COUNTY, where advances of the AWARD may be made on a quarterly
basis. The last payment will be withheld by the COUNTY until receipt of the final
Quarterly Progress and Expense Reports and the Closeout Reports are approved.
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. The final payment 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
Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 3 of 13
documentation proving the project activities took place, such as photos,
workshop agenda, volunteer sign in sheets, etc.
3.RECIPIENTS that receive approval for advance payments shall submit a request
with an estimate of expenses for upcoming activities, using the form provided.
The first request can cover a time period of two quarters, subsequent requests
should cover one quarter. The RECIPIENT shall be responsible for submitting
Quarterly Reports as stated in paragraphs D1 and D2, along with the next advance
request.
4.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 Closeout Report is due thirty (30) days after the end date of the
PROJECT or not later than August 31, 2020.
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 July 31, 2020. 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:
Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 4 of 13
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
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.
Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 5 of 13
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.
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
Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 6 of 13
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
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 7 of 13
AGREEMENT SIGNATURE PAGE
City of Kent by:
Signature:_____________________________________________________________________
Dana Ralph, Mayor
Date: ______________________________
KING COUNTY by:
Signature: _____________________________________________________________________
Chris Townsend, Section Manager, Wastewater Treatment Division
Date: ______________________________
Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 8 of 13
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 expert to further clarify the extent of soil contamination and to prepare plans
and specifications for soil remediation. This consultant will also prepare a health and safety plan
and protocol to keep construction workers and on-site personnel safe during soil remediation,
and to verify that all contaminants exceeding clean-up thresholds are removed and disposed of
properly.
* Consultant will prepare and submit a draft and final soil remediation plan and specifications to
the city for inclusion in the construction bid documents.
* Consultant will also prepare and submit to the city a draft and final health and safety plan to
protect worker safety.
* The consultant will then submit a plan to the city detailing how contaminant verification
testing will occur.
* Once construction begins, consultant will collect and analyze additional soil samples to
confirm that all contaminants are removed. A final report documenting findings will be prepared
and submitted.
* City will advertise and bid a project to remove soil contamination from the Downey Farmstead
project site.
* City will prepare final plans and specifications for Downey Farmstead soil remediation and
advertise this work and distribute these documents to potential bidders.
* Bids will be collected and the lowest responsible bidder will be awarded a contract to remove
contaminated soil from the project boundaries.
* Verification testing will be performed by the city's consultant after contaminated soil
excavation.
* Further excavation and soil removal will continue until testing indicates that lead and arsenic
contamination is below Ecology-defined action levels.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 9 of 13
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
* Project Management
* Construction
Inspection * Survey &
As-built *
Monitoring & Maint
$875,781.00 $875,781.00
In-house & partial KC
CWM grants - $1.0
million secured
Project supplies,
materials, and
equipment
$0.00
Commercial services $0.00
Consultant/contractor
services
* Remediation
Consultant * Soil
Removal Contractor *
Construction contractor
$125,000.00 $ $ 962,760.00 $5,087,760.00
KC CWM Grants:
$1.0 mill secured;
$4.84 mill pending
(PSAR)
Transportation $0.00
Other costs $0.00
Project Subtotal $125,000.00 $4,962,760.00 $875,781.00 $5,963,541.00
Overhead $0.00
Grand TOTAL $125,000.00 $4,962,760.00 $875,781.00 $5,963,541.00
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
Downey Farmstead Contaminated Soil Removal– Round 3 2017
Page 10 of 13
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 and
approved prior to any further payments of 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
Downey Farmstead Contaminated Soil Removal– Round 3 2017
Page 11 of 13
Agreement between City of Kent and King County
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 12 of 13
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
Downey Farmstead Contaminated Soil Removal– Round 3
2017 Page 13 of 13
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.
Agenda Item: Consent Calendar – 8F
TO: City Council
DATE: December 11, 2018
SUBJECT: Downey Farmstead/Frager Road Quit Claim Deed for Right-of-Way
Establishment – Authorize
SUMMARY: The Downey Farmstead Project is a salmon habitat and flood control project
proposed on the banks of the Green River that will require the relocation of Frager Road.
This road relocation is proposed to begin in 2019 utilizing grant funds from the State
and King County.
The City owns Tax Parcels No. 232204-9029, 232204-9028 and 232204-9020. The
proposed new roadway will bisect these parcels just north of SR 516. The enclosed quit
claim deed will transfer ownership of a 60-foot swath from the City to King County
providing new right-of-way for a realigned Frager Road. The remaining portions of the
parcels mentioned above will be used as part of the Downey Farmstead Project to create
new flood plain habitat for salmon once additional grant funding is secured.
EXHIBITS: Quit Claim Deed
Legal Description
Frager Road Dedication Map
RECOMMENDED BY: Public Works Committee
YEA: Troutner, Fincher, Higgins NAY:
BUDGET IMPACTS: There will be no new budget impact with this specific action.
STRATEGIC PLAN GOAL(S):
☒ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure.
MOTION: Authorize the Mayor to sign the quit claim deed to dedicate new
right-of-way for the proposed new Frager Road to King County, subject to
final terms and conditions acceptable to the City Attorney and Public Works
Director.
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FILED FOR RECORD AT REQUEST OF
AFTER RECORDING RETURN TO:
ADM-CF-0500
King County Property Seruices Division
King County Administration Building, Rm. 5OO
500 Fourth Avenue
Seattle, WA 98104
Document:
Grantor;
Grantee:
Legal Des:
Tax ID Nos:
Quit Claim Deed
City of Kent
King County
See Exhibit A attached hereto
232204-9020, 2322A4-9028, 232204-9029
QUIT CLAIM DEED
The Grantor, city of Kent, a washington municipal corporation, for and in
consideration of MUTUAL BENEFITS in the dedication of a roadway, conveys and quit claimsto KfNG COUNTY' a political subdivision of the State of Washington, the following
described real estate, situated in the County of King, State of Washington, together with ail
after acquired title of the Grantor(s) therein:
See Exhibits A and B attached hereto and made a part hereof.
together with the right to make all necessary slopes for cuts and fills upon the abuttingproperty on each side of any road which is now, or may be constructed hereafter on thisproperty, in conformity with standard plans and specifications for highway purposes, and tothe extent and purposes as if the rights herein granted had been acquired by
condemnation proceeding under eminent domain statutes of the State of Washington.
Dated this *__--._-_day of *_-*_* .__-_, 2018.
Grantor:
CITY OF KENT
By: Dana Ralph
Its: Mayor
QUIT CLAiM DEED - Page 1 of 2
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that Dana Ralph is the personwho appeared before. me, and said person acknowledged that she signed this instrument,on oath stated that she was authorized to execute the instrument anZ acknowledged it asthe Mayor of the City of Kent to be the free and voluntary act of such party for ihe usesand purposes mentioned in the instrurnent.
Dated
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the dayand year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
--
My appointment expires
APPROVED AS TO FORM:
By
City of Kent Law Department
ss
QUIT CLAIM DEED - page 2 of 2
EXHTBTLA
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EXHIBIT
B
Agenda Item: Consent Calendar – 8G
TO: City Council
DATE: December 11, 2018
SUBJECT: Emergency Management Performance Grant – Authorize
SUMMARY: The Kent Office of Emergency Management applied for and received a
grant in the amount of $71,321 from the Washington Military Department/Emergency
Management Division and the U.S. Department of Homeland Security.
The purpose of the grant is to assist with the enhancement, sustainment and
improvement of state, local, and tribal emergency management programs. Activities
conducted using grant funds should relate directly to the five elements of emergency
management: prevention, protection, response, recovery, and mitigation.
The program areas that will benefit from these grant funds include: Public
Education/Community Training, Community Emergency Response Team, Kent
Communication Support Team, Crisis Communications, Public Education and
Information, Community Events, Operational Communication,
Exercises/Testing/Training, School Exercises/Trainings/Professional Development,
Planning, Upgrades/Improvements, Public Information and Warning, Hazard Mitigation,
Marketing and Information Support, and for the Local Emergency Planning Committee.
EXHIBITS: Grant Agreement
RECOMMENDED BY: Operations Committee
YEA: Boyce, Higgins, Troutner NAY:
BUDGET IMPACT: No Impact. This is a pass-through grant. Incurred costs will be paid
by the Puget Sound Regional Fire Authority operating budget and reimbursed from the
state.
STRATEGIC PLAN GOAL(S):
☒ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure.
☒ Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation.
MOTION: Authorize the Mayor to accept and sign the Emergency Management
Performance Grant from the Washington Military Department/Emergency
Management Division and the U.S. Department of Homeland Security, in the
amount of $71,321, sign all necessary grant documents, amend the budget,
and authorize expenditure of the funds in accordance with final grant terms
and conditions acceptable to the City Attorney.
This page intentionally left blank.
DHS-FEMA-EMPG-FY 18 Page 1 of 37 City of Kent EMD, E19-150
Washington State Military Department
EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET
1. Subrecipient Name and Address:
City of Kent
Emergency Management Division (EMD)
24611 116th Ave SE
Kent, WA 98030-4939
2. Grant Agreement Amount:
$71,321
3. Grant Agreement Number:
E19-150
4. Subrecipient Contact, phone/email:
Robert Goehring, (253) 856-5262
rgoehring@kentwa.gov
5. Grant Agreement Start Date:
June 1, 2018
6. Grant Agreement End Date:
August 31, 2019
7. Department Contact, phone/email:
Gary Stumph, (253) 512-7483
gary.stumph@mil.wa.gov
8. Data Universal Numbering System (DUNS):
020253613
9. UBI # (state revenue):
173-000-002
10. Funding Authority:
Washington State Military Department (the “DEPARTMENT”) and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Identification #:
EMS-2018-EP-00004-S01
12. Federal Award Date:
08/17/2018
13. Catalog of Federal Domestic Assistance (CFDA) # & Title:
97.042 (18EMPG)
14. Total Federal Amount #:
$7,345,832
15. Program Index # & OBJ/SUB-OBJ:
783PT NZ
16. Service Districts:
(BY LEGISLATIVE DISTRICT): 11, 33, 47
(BY CONGRESSIONAL DISTRICT): 8, 9
17. Service Area by County(ies):
King
18. Women/Minority-Owned, State
Certified?: ☒ N/A ☐ NO
☐ YES, OMWBE #_________
19. Agreement Classification
☐ Personal Services ☐ Client Services ☒ Public/Local Gov’t
☐ Research/Development ☐ A/E ☐ Other_______
20. Contract Type (check all that apply):
☐ Contract ☒ Grant ☒ Agreement
☐ Intergovernmental (RCW 39.34) ☐ Interagency
21. Subrecipient Selection Process:
☒ “To all who apply & qualify” ☐ Competitive Bidding
☐ Sole Source ☐ A/E RCW ☐ N/A
☐ Filed w/OFM? ☐ Advertised? ☐ YES ☐ NO
22. Subrecipient Type (check all that apply)
☐ Private Organization/Individual ☐ For-Profit
☒ Public Organization/Jurisdiction ☐ Non-Profit
☐ CONTRACTOR ☒ SUBRECIPIENT ☐ OTHER
23. PURPOSE & DESCRIPTION:
The purpose of the Fiscal Year (FY) 2018 Emergency Management Performance Grant (18EMPG) is to provide U.S. Department
of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and
tribes with emergenc y management programs to assist in preparing for all hazards through sustainment and enhancement of
those programs as described in the Work Plan.
The Department is the Recipient and Pass-through Entity of the 18EMPG DHS Award Letter for Grant No. EMS-2018-EP-00004-
S01, which is incorporated in and attached hereto as Attachment #1 and has made a subaward of Federal award funds to the
Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds
provided under this Agreement and the associated matching funds.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced
Exhibits and Attachments which are hereby incorporated in an d made a part hereof, and have executed this Agreement as of the date below.
This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhib it C);
Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein
contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and,
3. Work Plan 6. Other provisions of the Agreement incorporated by reference
WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
_____________________________________________
Signature Date
Regan Anne Hesse, Chief Financial Officer
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Brian E. Buchholz 8/21/2018
Sr. Assistant Attorney General
FOR THE SUBRECIPIENT:
_____________________________________________
Signature Date
Dana Ralph, Mayor, City of Kent
_____________________________________________
Signature Date
Matthew Morris, Fire Chief, Puget Sound Regional Fire Authority
APPROVED AS TO FORM (if applicable):
_____________________________________________
Applicant’s Legal Review Date
DHS-FEMA-EMPG-FY 18 Page 2 of 37 City of Kent EMD, E19-150
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT DEPARTMENT
Name Robert Goehring Name Gary Stumph
Title City Auditor Title Program Coordinator
E-Mail rgoehring@kentwa.gov E-Mail gary.stumph@mil.wa.gov
Phone 253-856-5262 Phone 253-512-7483
Name Matthew Morris Name Tirzah Kincheloe
Title Fire Chief Title Program Manager
E-Mail mlmorris@pugetsoundfire.org E-Mail tirzah.kincheloe@mil.wa.gov
Phone 253-856-4311 Phone 253-512-7456
Name Jennifer Keizer Name
Title EM Program Coordinator Title
E-Mail jdkeizer@pugetsoundfire.org E-Mail
Phone 253-856-4342 Phone
Name John Madson Name
Title Division Chief - Emergency Management Title
E-Mail jmadson@pugetsoundfire.org E-Mail
Phone 253-856-4316 Phone
Name Joe Root Name
Title Deputy Emergency Manager Title
E-Mail jroot@pugetsoundfire.org E-Mail
Phone 253-856-4345 Phone
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 18EMPG Program, including, but not limited to, all criteria, restrictions, and
requirements of The U.S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal
Year (FY) 2018 Emergency Management Performance Grant (EMPG) document, the DHS Award Letter for
Grant No. EMS-2018-EP-00004-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all
of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as
Attachment 1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient
agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages,
claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior
to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 18EMPG funds received under this Agreement casts the
party receiving the funds in the role of a Subrecipient or contractor in accordance with 2
CFR 200.330.
DHS-FEMA-EMPG-FY 18 Page 3 of 37 City of Kent EMD, E19-150
b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal
entity as its Subrecipient:
i. The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of 18EMPG funds, including, but not limited to, those
contained in 2 CFR 200.
ii. The Subrecipient shall require its subrecipient to comply with all applicable
state and federal laws, rules, regulations, requirements, and program guidance
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicable to the 18EMPG Program, including, but
not limited to, all criteria, restrictions, and requirements of The U.S. Department
of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal
Year 2018 Emergency Management Performance Grant (EMPG) document,
the DHS Award Letter for Grant No. EMS-2018-EP-00004-S01 in Attachment
1, and the federal regulations commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all
18EMPG federal award funds, and associated matching funds, provided to its
subrecipients are used in accordance with applicable federal and state statutes
and regulations, and the terms and conditions of the federal award set forth in
Attachment 1 of this Agreement.
2. BUDGET & REIMBURSEMENT
a. Within the total Grant Agreement Amount, travel, sub-contracts, salaries, benefits,
printing, equipment, and other goods and services or other budget categories will be
reimbursed on an actual cost basis unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an
indirect cost rate agreement negotiated between the federal cognizant agency and the
Subrecipient establishing approved indirect cost rate(s) as described in 2 CFR 200.414
and Appendix VII to 2 CFR 200 must be submitted to the Department. However, under 2
CFR 200.414(f), if the Subrecipient has never received a negotiated indirect cost rate
agreement establishing federally negotiated rate(s), the Subrecipient may negotiate a rate
with the Department or charge a de minimis rate of 10% of modified total direct costs. The
Subrecipient’s actual indirect cost rate may vary from the approved rate but must not
exceed the approved negotiated indirect cost rate percentage for the time period of the
expenditures. If a Subrecipient chooses to charge the 10% de minimis rate, but did not
charge indirect costs to previous subawards, a request for approval to charge indirect
costs must be submitted to the Department for approval with an explanation for the
change.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at http://www.gsa.gov, and
follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without written approval by Department Key Personnel.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted to Reimbursements@mil.wa.gov no later than the due dates listed within the
Timeline (Exhibit D).
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department. If the reimbursement request isn’t substantial
enough, the Subrecipient should request prior written approval from Department Key
DHS-FEMA-EMPG-FY 18 Page 4 of 37 City of Kent EMD, E19-150
Personnel to waive the due date in the Timeline (Exhibit D) and once approved submit
those costs on the next scheduled reimbursement due date contained in the Timeline.
f. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the Subrecipient consistent with record retention
requirements of this Agreement and be made available upon request by the Department
and auditors.
g. Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a
request for Amendment of the Agreement. This request must be submitted to the
Department Key Personnel sufficiently in advance of the due date to provide adequate
time for Department review and consideration, and may be granted or denied within the
Department’s sole discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department within 45 days after
the Grant Agreement End Date, except as otherwise authorized by written amendment of
this Agreement and issued by the Department.
i. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-
federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
j. Failure to submit timely, accurate, and complete reports and reimbursement requests as
required by this Agreement (including, but not limited to, those reports in the Timeline) will
prohibit the Subrecipient from being reimbursed until such complete reports and
reimbursement requests are submitted and the Department has had reasonable time to
conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with all reporting requirements contained in this Agreement.
l. A written amendment will be required if the Subrecipient expects cumulative transfers to
budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant
Agreement Amount. Any changes to budget category totals not in compliance with this
paragraph will not be reimbursed without approval from the Department.
m. Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds and will not use them to replace (supplant) non-federal funds that have been
budgeted for the same purpose. The Subrecipient may be required to demonstrate and
document that a reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
3. REPORTING
a. With each reimbursement request, the Subrecipient shall report how the expenditures, for
which reimbursement is sought, relate to the Work Plan (Exhibit C) activities in the format
provided by the Department.
b. With the final reimbursement request, the Subrecipient shall submit to the Department Key
Personnel a final report describing all completed activities under this Agreement.
c. In conjunction with the final report, the Subrecipient shall submit a separate report detailing
how the EMPG Training requirements were met for all personnel funded by federal or
matching funds under this Agreement.
d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and
return to the Department the FFATA Form located at http://mil.wa.gov/emergency-
management-division/grants/requiredgrantforms, which is incorporated by reference and
made a part of this Agreement.
DHS-FEMA-EMPG-FY 18 Page 5 of 37 City of Kent EMD, E19-150
e. The Subrecipient shall participate in the State’s annual capabilities assessment for the
Stakeholder Preparedness Review (SPR), formerly known as the State Preparedness
Report.
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
shall comply with 2 CFR 200.318 – 200.326 when procuring any equipment or supplies
under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314
for management of supplies, to include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the Subrecipient,
or a recognized non-federal entity to which the Subrecipient has made a
subaward, for which a contract, Subrecipient grant agreement, or other means
of legal transfer of ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will
be recorded and maintained in the Subrecipient’s inventory system.
iii. Inventory system records shall include:
A. description of the property
B. manufacturer’s serial number, model number, or other identification
number
C. funding source for the equipment, including the Federal Award
Identification Number (FAIN)
D. Catalog of Federal Domestic Assistance (CFDA) number
E. who holds the title
F. acquisition date
G. cost of the equipment and the percentage of federal participation in the cost
H. location, use, and condition of the equipment at the date the information
was reported
I. disposition data including the date of disposal and sale price of the
property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies
as applicable, and reconcile the results with the property records at least once
every two years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated by the
Subrecipient to determine the cause of the difference. The Subrecipient shall, in
connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
v. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment and supplies
including all questions of liability. The Subrecipient shall develop appropriate
maintenance schedules and procedures to ensure the equipment, and supplies
as applicable, are well maintained and kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards
to prevent loss, damage, and theft of the property. Any loss, damage, or theft
shall be investigated, and a report generated and sent to the Department.
vii. The Subrecipient must obtain and maintain all necessary certifications and
licenses for the equipment.
viii. If the Subrecipient is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest possible
DHS-FEMA-EMPG-FY 18 Page 6 of 37 City of Kent EMD, E19-150
return. For disposition, if upon termination or at the Grant Agreement End Date,
when original or replacement supplies or equipment acquired under a federal
award are no longer needed for the original project or program or for other
activities currently or previously supported by a federal awarding agency, the
Subrecipient must comply with the following procedures:
A. For Supplies: If there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate value upon termination or completion of the
project or program and the supplies are not needed for any other federal
award, the Subrecipient must retain the supplies for use on other activities
or sell them, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equipment.
B. For Equipment:
1) Items with a current per-unit fair-market value of $5,000 or less may
be retained, sold, or otherwise disposed of with no further obligation
to the federal awarding agency.
2) Items with a current per-unit fair-market value in excess of $5,000
may be retained or sold. The Subrecipient shall compensate the
federal awarding agency in accordance with the requirements of 2
CFR 200.313 (e) (2).
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the date of the disposition, replacement, or transfer. If any litigation,
claim, or audit is started before the expiration of the six-year period, the records
shall be retained by the Subrecipient until all litigation, claims, or audit findings
involving the records have been resolved.
b. The Subrecipient shall comply with the Department’s Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
c. Allowable equipment categories for the EMPG Program are listed on the Authorized
Equipment List (AEL) located on the FEMA website at http://www.fema.gov/authorized-
equipment-list. It is important that the Subrecipient and any non-federal entity to which
the Subrecipient makes a subaward regard the AEL as an authorized purchasing list
identifying items allowed under the specific grant program and includes items that may not
be categorized as equipment according to the federal, state, local, and tribal definitions of
equipment. The Subrecipient is solely responsible for ensuring and documenting
purchased items under this Agreement are authorized as allowed items by the AEL at time
of purchase.
If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must
contact the Department Key Personnel for assistance in seeking FEMA approval prior to
acquisition.
d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using federal award
funds.
e. The Subrecipient must pass on equipment and supply management requirements that
meet or exceed the requirements outlined above to any non-federal entity to which the
Subrecipient makes a subaward under this Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) program. EHP program information can be
found at https://www.fema.gov/media-library/assets/documents/85376 all of which are
incorporated in and made a part of this Agreement.
DHS-FEMA-EMPG-FY 18 Page 7 of 37 City of Kent EMD, E19-150
b. Projects that have historical impacts or the potential to impact the environment, including,
but not limited to, construction of communication towers; modification or renovation of
existing buildings, structures and facilities; or new construction including replacement of
facilities, must participate in the DHS/FEMA EHP review process prior to initiation.
Modification of existing buildings, including minimally invasive improvements such as
attaching monitors to interior walls, and training or exercises occurring outside in areas
not considered previously disturbed, also require a DHS/FEMA EHP review before project
initiation.
c. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources and/or historic
properties.
d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The EHP review
process must be completed and approval received by the Subrecipient before any
work is started for which reimbursement will be later requested. Expenditures for projects
started before completion of the EHP review process and receipt of approval by the
Subrecipient will not be reimbursed.
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318
through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.10.
b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submit
to the Department for pre-procurement review and approval the procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes
a subaward, at which point the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity to which the Subrecipient
makes a subaward.
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The
goal of the Department’s monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient
shall complete and return to the Department the “2 CFR Part 200 Subpart F Audit
Certification Form” located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms with the signed Agreement and each fiscal year
thereafter until the Agreement is closed, which is incorporated by reference and made a
part of this Agreement.
c. Monitoring activities may include, but are not limited to:
i. review of financial and performance reports
ii. monitoring and documenting the completion of Agreement deliverables
iii. documentation of phone calls, meetings, e-mails and correspondence
iv. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
v. observation and documentation of Agreement related activities, such as exercises,
training, funded events, and equipment demonstrations
DHS-FEMA-EMPG-FY 18 Page 8 of 37 City of Kent EMD, E19-150
vi. on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, for any non-federal entity to which the Subrecipient makes a subaward as a pass-
through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk.
Concerns will be addressed through a Corrective Action Plan.
8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)
prohibition against discrimination on the basis of national origin, which requires that
Subrecipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
Providing meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation. Executive Order
13166, Improving Access to Services for Persons with Limited English Proficiency (August
11, 2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language access obligations. DHS
published the required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768,
(April 18, 2011). The Guidance provides helpful information such as how a recipient can
determine the extent of its obligation to provide language services, selecting language
services, and elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access obligations, please refer
to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-access-people-limited and
additional resources on http://www.lep.gov.
9. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, or complexity. NIMS provides a consistent, nationwide approach
and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and
deliver the core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response.
NIMS empowers the components of the National Preparedness System, a requirement of
Presidential Policy Directive 8, to guide activities within the public and private sector and
describes the planning, organizational activities, equipping, training and exercising
needed to build and sustain the core capabilities in support of the National Preparedness
Goal.
c. In order to receive FY 2018 federal preparedness funding, to include EMPG, the
Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress
toward completion. NIMS Implementation Objectives are located at
https://www.fema.gov/media-library/assets/documents/130743.
DHS-FEMA-EMPG-FY 18 Page 9 of 37 City of Kent EMD, E19-150
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from DHS/FEMA, which is provided to assist
state, local, and tribal governments to enhance and sustain all-hazards emergency management
capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act,
as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency
Management Act (6 U.S.C. § 762).
2. A portion of the 18EMPG is passed through to local jurisdictions and tribes with emergency
management programs to supplement their local/tribal operating budgets to help sustain and
enhance emergency management capabilities pursuant to Washington Administrative Code
(WAC) 118-09.
3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform
tasks as described in the Work Plan of the Subrecipient’s application for funding, as approved by
the Department and incorporated into this Agreement.
4. Funding may not be used to replace or supplant existing local or tribal government funding of
emergency management programs.
5. The Subrecipient shall provide a fifty percent match of $71,321 of non-federal origin. To meet
matching requirements, the Subrecipient’s cash matching contributions must be considered
reasonable, allowable, allocable, and necessary under the grant program and must comply with
all Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An
appropriate mechanism must be in place to capture, track, and document matching funds. In the
final report, the Subrecipient shall identify how the match was met and documented.
6. All personnel funded in any part through federal award or matching funds under this Agreement
shall:
a. Complete and record proof of completion for the NIMS training requirements outlined in
the NIMS Training Program located at
https://www.fema.gov/pdf/emergency/nims/nims_training_program.pdf (to include ICS-
100, ICS-200, IS-700, and IS-800 for most personnel). The Subrecipient will report
training course completion by individual personnel along with the final report; and
b. Complete either (1) the FEMA Professional Development Series IS-120, IS-230, IS-235,
IS-240, IS-241, IS-242, and IS-244, or (2) the National Emergency Management Basic
Academy. The Subrecipient will report training course completion by individual personnel
along with the final report.
C. DHS TERMS AND CONDITIONS
As a Subrecipient of 18EMPG program funding, the Subrecipient shall comply with all applicable DHS
terms and conditions of the 18EMPG Award Letter and its incorporated documents for DHS Grant No.
EMS-2018-EP-00004-S01, which are incorporated and made a part of this Agreement as Attachment 1.
DHS-FEMA-EMPG-FY 18 Page 10 of 37 City of Kent EMD, E19-150
Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. “Agreement” means this Grant Agreement.
b. “Department” means the Washington State Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a Subrecipient
under this Agreement.
c. “Subrecipient” when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of “Subrecipient” is the same as in 2 CFR 200.93
for all other purposes.
d. “Monitoring Activities” means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. “Investment” means the grant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such grant
application is hereby incorporated into this Agreement by reference.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement
shall be incorporated into this Agreement by reference.
DHS-FEMA-EMPG-FY 18 Page 11 of 37 City of Kent EMD, E19-150
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will
ensure that potential contractors or Subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered
transactions” by any federal department or agency. “Covered transactions” include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or Subrecipient or by checking the System
for Award Management (https://sam.gov/portal/SAM/##11) maintained by the federal government. The
Subrecipient also agrees not to enter into any arrangements or contracts with any party on the
Washington State Department of Labor and Industries’ “Debarred Contractor List”
(https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services’ Debarred Vendor List
(http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/Vendor-Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including sub-contracts, sub-grants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code.
A.8 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58),
DHS-FEMA-EMPG-FY 18 Page 12 of 37 City of Kent EMD, E19-150
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.318 General procurement standards through 200.326 Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $150,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be affected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.”
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States”). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
DHS-FEMA-EMPG-FY 18 Page 13 of 37 City of Kent EMD, E19-150
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
DHS-FEMA-EMPG-FY 18 Page 14 of 37 City of Kent EMD, E19-150
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94–163, 89 Stat. 871).
b. The Department reserves the right to review the Subrecipient’s procurement plans and
documents, and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient
must ensure that its procurement process requires contractors and subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both
the Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient
and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share
equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the State of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the State of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), is an agency of the Federal government, the following shall apply:
DHS-FEMA-EMPG-FY 18 Page 15 of 37 City of Kent EMD, E19-150
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department’s Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing an d signed
by both parties’ Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a “Termination for Cause” without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honorably discharged veteran or military status, or disability (physical,
mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Agreement.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its work place does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department , as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
the Department, the state of Washington and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
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A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department’s name is mentioned, or language used from
which the connection of the Department’s name may, in the Department’s judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA’s financial support, by CFDA number, and a statement that the publication does not constitute an
endorsement by FEMA or reflect FEMA’s views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the “records”).
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its d esignees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3)
years, the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or
to any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
DHS-FEMA-EMPG-FY 18 Page 17 of 37 City of Kent EMD, E19-150
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program -
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity”
means a State, local government, Indian tribe, institution of higher education, or non-profit organization
that carries out a federal award as a recipient or Subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor’s Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is
responsible for any audit exceptions incurred by its own organization or that of its
subcontractors. Responses to any unresolved management findings and disallowed or questioned costs
shall be included with the audit report. The Subrecipient must respond to Department requests for
information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the Subrecipient all disallowed costs
resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its corrective action plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient’s fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the
Subrecipient must send a completed “2 CFR Part 200 Subpart F Audit Certification Form”
(https://www.mil.wa.gov/emergency-management-division/grants/requiredgrantforms) to the Department
at the address listed above identifying this Agreement and explaining the criteria for exemption no later
than nine (9) months after the end of the Subrecipient’s fiscal year(s).
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
The Subrecipient shall include the above audit requirements in any subawards.
DHS-FEMA-EMPG-FY 18 Page 18 of 37 City of Kent EMD, E19-150
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient’s failure to comply with said audit requirements may result
in one or more of the following actions in the Department’s sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to
be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make
any claim, demand, or application to or for any right or privilege applicable to an officer or employee of
the Department or of the State of Washington by reason of this Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right and not by reason of this Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon
notice of termination for convenience, the Department reserves the right to suspend all or part of the
Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations
of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by
law. The rights and remedies of the Department provided for in this section shall not be exclusive and
are in addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient’s liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
DHS-FEMA-EMPG-FY 18 Page 19 of 37 City of Kent EMD, E19-150
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient’s control, fault or negligence, the termination shall be deemed to be a
“Termination for Convenience”.
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of
the Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
DHS-FEMA-EMPG-FY 18 Page 20 of 37 City of Kent EMD, E19-150
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or
women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization
standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified
in WAC 326-30-041.
A.35 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient,
by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.
A.36 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA-EMPG-FY 18 Page 21 of 37 City of Kent EMD, E19-150
Exhibit C
WORK PLAN
FY 2018 Emergency Management Performance Grant
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DHS-FEMA-EMPG-FY 18 Page 24 of 37 City of Kent EMD, E19-150
Exhibit D
TIMELINE
FY 2018 Emergency Management Performance Grant
DATE TASK
June 1, 2018 Grant Agreement Start Date
April 30, 2019 Submit reimbursement request
August 31, 2019 Grant Agreement End Date
October 15, 2019 Submit final reimbursement request, final report, training
requirement report, and/or other deliverables.
DHS-FEMA-EMPG-FY 18 Page 25 of 37 City of Kent EMD, E19-150
Exhibit E
BUDGET
FY 2018 Emergency Management Performance Grant
18EMPG AWARD 71,321.00$
SOLUTION
AREA CATEGORY EMPG AMOUNT MATCH AMOUNT
Salaries & Benefits -$ -$
Overtime/Backfill -$ -$
Consultants/Contractors -$ -$
Goods & Services -$ -$
Travel/Per Diem -$ -$
Subtotal -$ -$
Salaries & Benefits -$ 71,321$
Overtime/Backfill -$ -$
Consultants/Contractors -$ -$
Goods & Services 50,821$ -$
Travel/Per Diem -$ -$
Subtotal 50,821$ 71,321$
Salaries & Benefits -$ -$
Overtime/Backfill -$ -$
Consultants/Contractors -$ -$
Goods & Services -$ -$
Travel/Per Diem -$ -$
Subtotal -$ -$
Salaries & Benefits -$ -$
Overtime/Backfill 3,500$ -$
Consultants/Contractors 10,000$ -$
Goods & Services 2,000$ -$
Travel/Per Diem 1,500$ -$
Subtotal 17,000$ -$
Equipment 3,500$ -$
Subtotal 3,500$ -$
Salaries & Benefits -$ -$
Overtime/Backfill -$ -$
Consultants/Contractors -$ -$
Goods & Services -$ -$
Travel/Per Diem -$ -$
Subtotal -$ -$
Indirect -$ -$
Indirect Cost Rate on file 0%
TOTAL Grant Agreement AMOUNT:71,321$ 71,321$
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• The Subrecipient will provide a match of $71,321 of non-federal origin, 50% of the total project cost (local
budget plus EMPG award).
• Cumulative transfers to budget categories in excess of 10% of the Grant Agreement Amount will not be
reimbursed without prior written authorization from the Department.
Funding Source: U.S. Department of Homeland Security - PI# 783PT – EMPG
DHS-FEMA-EMPG-FY 18 Page 26 of 37 City of Kent EMD, E19-150
Attachment 1
18EMPG Award Letter
EMS-2018-EP-00004-S01
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Agenda Item: Consent Calendar – 8H
TO: City Council
DATE: December 11, 2018
SUBJECT: Ordinance Adopting KCC 9.36.150 – Stoplight Traffic Safety Cameras –
Adopt
SUMMARY: The Police Department consistently receives calls from residents complaining
about various safety issues surrounding the neighborhood, including speeding, near-misses
in crosswalks and congestion. However, the Police Department does not have staffing levels
to provide a constant presence in troubled areas, while also performing daily functions of
the traffic patrol unit such as responding to city-wide complaints, collisions, and general
traffic issues.
RCW 46.63.170 authorizes local jurisdictions to use automated traffic safety cameras to
enforce traffic laws within its jurisdiction. Pursuant to RCW 46.63.170, this ordinance
establishes the City’s use of stoplight traffic safety cameras, and sets forth the restrictions,
public notice, and signage requirements, as well as the processing and procedural
requirements for use of the cameras. The ordinance also establishes the fine for stoplight
violations that are detected with cameras.
As required by RCW 46.63.170, the City’s Police Department and American Traffic Solutions
performed an analysis of the following locations:
• 104th Ave SE and SE 240th St: E/B and W/B approaches
• 104th Ave SE and SE 256th St: N/B and E/B approaches
• 84th Ave S and S 212th St: N/B and S/B approaches
• Central Ave N and E James St: N/B and E/B approaches
• Central Ave N and E Smith St: N/B and S/B approaches
• S Kent Des Moines Rd and Pacific Hwy S: E/B approach
A summary of the analysis of these locations is attached to the ordinance as Exhibit A. Staff
is recommending that cameras be located at these locations.
EXHIBITS: Ordinance
RECOMMENDED BY: Operations Committee
YEA: Boyce, Higgins, Troutner NAY:
BUDGET IMPACT: Some revenue is expected.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government – Delivering outstanding customer service, developing leaders, and fostering innovation.
☒ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure.
☒ Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation.
MOTION: Adopt Ordinance No. ____ amending Chapter 9.36 of the Kent City
Code by adding the new section 9.36.150 entitled, “Stoplight traffic safety
cameras.”
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1 KCC 9.36.150
Traffic Safety Cameras Ordinance
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.36
of the Kent City Code, entitled "Traffic Code" by
adding a new section 9.36.150, entitled "Stoplight
traffic safety cameras," authorizing use of
automated traffic cameras to detect stoplight
violations; adopting the statutory standards and
restrictions regarding use of automated traffic
safety cameras; and setting the monetary penalty
for infractions detected by an automated traffic
safety camera.
RECITALS
A. Traffic accidents involving right-angle collisions at high rates
of speed are often the result of stoplight violations, and studies have
shown that these accidents involve more serious injury than other kinds of
accidents at signalized intersections.
B. The strategic placement of automated traffic safety cameras
at traffic control signal intersections has been shown to reduce the
frequency of violations, thereby reducing the risks to the public.
C. The City of Kent has numerous intersections that would
benefit from the placement of automated traffic safety cameras.
D. RCW 46.63.170 authorizes local jurisdictions to use
automated traffic safety cameras to enforce stoplight violations at
2 KCC 9.36.150
Traffic Safety Cameras Ordinance
intersections of two arterials with traffic control signals that have yellow
change interval durations.
E. Consistent with the requirements of RCW 47.36.022, the
duration of the yellow change intervals at the City’s signalized intersections
are at least as long as the minimum yellow change interval identified in the
manual on uniform traffic control devices.
F. Pursuant to RCW 46.63.170, this ordinance establishes the
City’s use of automated traffic safety cameras at intersections where two
arterial roadways intersect, and sets forth the restrictions, public notice,
and signage requirements, as well as the processing and procedural
requirements for use of the automated traffic safety cameras.
G. As required by RCW 46.63.170, the Kent Police Department
and American Traffic Solutions performed an analysis of the following
intersections of two arterials: 104th Ave SE and SE 240th St – Eastbound
and Westbound approaches; 104th Ave SE and SE 256th St – Northbound
and Eastbound approaches; 84th Ave S and S 212th St – Northbound and
Southbound approaches; Central Ave N and E James St – Northbound and
Eastbound approaches; Central Ave N and E Smith St – Northbound and
Southbound approaches; and S Kent Des Moines Rd and Pacific Hwy S –
Eastbound approach. A summary of the analysis of these locations is
attached hereto as Exhibit A.
H. Funds derived from the use of automated traffic safety
cameras shall be used to cover the costs of administering the program.
Funds in excess of those used to cover the costs of administering the
program shall be utilized for enforcement and processing of traffic and
criminal laws in the city.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
3 KCC 9.36.150
Traffic Safety Cameras Ordinance
ORDINANCE
SECTION 1. - Amendment. Chapter 9.36 of the Kent City Code,
entitled “Traffic Code,” is amended by adding a new section 9.36.150
entitled, “Stoplight traffic safety cameras,” as follows:
Sec. 9.36.150. Stoplight traffic safety cameras.
A. Authorized Use of Automated Traffic Safety Cameras. Pursuant to
the authority of RCW 46.63.170, the city is authorized to use automated
traffic safety cameras and related automated systems in order to detect,
record, and enforce and prosecute stoplight violations.
B. Limitation on Photos – Use of Photos.
1. Limitation on Photos. Automated traffic safety cameras may
only take pictures of the vehicle and vehicle license plate and only while an
infraction is occurring. The picture must not reveal the face of the driver or
of passengers in the vehicle.
2. Use of Photos. Notwithstanding any other provision of law, all
photographs, microphotographs, or electronic images prepared under this
section are for the exclusive use of law enforcement in the discharge of
duties under this section and are not open to the public and may not be
used in a court in a pending action or proceeding unless the action or
proceeding relates to a violation under this section. No photograph,
microphotograph, or electronic image may be used for any purpose other
than enforcement of violations under this section nor retained longer than
necessary to enforce this section.
C. Infraction Processing – Responsibilities - Presumption.
1. In General. Infractions detected through the use of
automated traffic safety cameras are not part of the registered owner's
driving record under RCW 46.52.101 and 46.52.120. Additionally,
4 KCC 9.36.150
Traffic Safety Cameras Ordinance
infractions generated by the use of automated traffic safety cameras shall
be processed in the same manner as parking infractions, including for the
purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3).
2. Notice of Infraction. A notice of infraction must be mailed to
the registered owner of the vehicle within fourteen days of the violation, or
to the renter of a vehicle within fourteen days of establishing the renter's
name and address under subsection C.4 of this section. The law
enforcement officer issuing the notice of infraction shall include with it a
certificate or facsimile thereof, based upon inspection of photographs,
microphotographs, or electronic images produced by an automated traffic
safety camera, stating the facts supporting the notice of infraction. This
certificate or facsimile is prima facie evidence of the facts contained in it
and is admissible in a proceeding charging a violation under this section.
Any citation or notice of infraction issued pursuant to this section may be
initiated by electronic signature of the issuing police officer. The
photographs, microphotographs, or electronic images evidencing the
violation must be available for inspection and admission into evidence in a
proceeding to adjudicate the liability for the infraction. A person receiving
a notice of infraction based on evidence detected by an automated traffic
safety camera may respond to the notice by mail.
3. Registered Owner Responsible – Rental Car Business. The
registered owner of a vehicle is responsible for an infraction issued
pursuant to this section unless the registered owner overcomes the
presumption in subsection C.5 of this section, or, in the case of a rental car
business, satisfies the conditions under subsection C.4 of this section. If
appropriate under the circumstances, a renter identified under subsection
C.4 of this section is responsible for an infraction.
4. Rental Cars. If the registered owner of the vehicle is a rental
car business, the law enforcement agency shall, before a notice of
5 KCC 9.36.150
Traffic Safety Cameras Ordinance
infraction is issued under this section, provide a written notice to the rental
car business that a notice of infraction may be issued to the rental car
business if the rental car business does not, within eighteen days of
receiving the written notice, provide to the issuing agency by return mail:
a. A statement under oath stating the name and known
mailing address of the individual driving or renting the vehicle when the
infraction occurred; or
b. A statement under oath that the business is unable to
determine who was driving or renting the vehicle at the time the infraction
occurred because the vehicle was stolen at the time of the infraction. A
statement provided under this subsection must be accompanied by a copy
of a filed police report regarding the vehicle theft; or
c. In lieu of identifying the vehicle operator, the rental car
business may pay the applicable penalty.
Timely mailing of the statements described in subsections C.4.a and C.4.b
to the issuing law enforcement agency relieves a rental car business of any
liability under this section for the notice of infraction.
5. Presumption. Pursuant to RCW 46.63.075, in a traffic
infraction case involving an infraction detected through the use of an
automated traffic safety camera under this section, proof that the
particular vehicle described in the notice of traffic infraction was in
violation of a law enforced through the use of the automated traffic safety
camera, together with proof that the person named in the notice of traffic
infraction was at the time of the violation the registered owner of the
vehicle, constitutes in evidence a prima facie presumption that the
registered owner of the vehicle was the person in control of the vehicle at
the point where, and for the time during which, the violation occurred.
This presumption may be overcome only if the registered owner states,
under oath, in a written statement to the court or in testimony before the
6 KCC 9.36.150
Traffic Safety Cameras Ordinance
court that the vehicle involved was, at the time, stolen or in the care,
custody, or control of some person other than the registered owner.
D. Infraction - Penalty. A driver facing a steady red traffic control signal
shall stop and shall remain stopped until an indication to proceed is shown.
It shall be an infraction to proceed through a stoplight at the intersections
of two arterials enforced through the use of an automated traffic safety
camera. The penalty for a stoplight infraction detected through the use of
an automated traffic safety camera shall be one hundred thirty-six dollars
($136). In addition to the fine provided herein, a violator may be assessed
any costs and assessments as required or permitted by state law or court
rule.
E. Signs – Payment to vendor – Alternative enforcement.
1. Stoplight locations must be signed. All locations where an
automated traffic safety camera is used must be clearly marked at least
thirty days prior to activation of the camera by placing signs in locations
that clearly indicate to a driver that he or she is entering a zone where
traffic laws are enforced by an automated traffic safety camera.
2. Payment made to vendor. The compensation paid by the city
to the manufacturer or vendor of the automated traffic safety camera
equipment must be based only upon the value of the equipment and
services provided or rendered in support of the system, and may not be
based upon a portion of the fine or civil penalty imposed or the revenue
generated by the equipment.
3. Alternative enforcement. Nothing in this section prohibits a
law enforcement officer from issuing a notice of traffic infraction to a
person in control of a vehicle at the time a violation occurs pursuant to
RCW 46.63.030(1)(a), (b), or (c).
7 KCC 9.36.150
Traffic Safety Cameras Ordinance
F. Use of funds. Funds derived from the use of automated traffic
safety cameras shall be used to pay the costs of administering the
automated traffic safety camera program, including, but not limited to
personnel costs, vendor costs, and equipment costs. Funds in excess of
these costs may be used to fund personnel, programs, services and
equipment related to the enforcement and processing of traffic and
criminal laws within the city.
G. Definition. For the purposes of this section, "automated traffic safety
camera" means a device that uses a vehicle sensor installed to work in
conjunction with an intersection traffic control system, a railroad grade
crossing control system, or a speed measuring device, and a camera
synchronized to automatically record one or more sequenced photographs,
microphotographs, or electronic images of the rear of a motor vehicle at the
time the vehicle fails to stop when facing a steady red traffic control signal or
an activated railroad grade crossing control signal, or exceeds a speed limit in
a school speed zone as detected by a speed measuring device.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
8 KCC 9.36.150
Traffic Safety Cameras Ordinance
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
Agenda Item: Consent Calendar – 8I
TO: City Council
DATE: December 11, 2018
SUBJECT: Ordinance Amending KCC 9.36.140 – School Speed Zone Traffic Safety
Cameras – Adopt
SUMMARY: School speed zones are located in areas occupied by a high number of
pedestrians, especially before, during and after school, where driver inattention and
speeding can have devastating consequences. The strategic placement of automated
traffic safety cameras at school zones has been shown to reduce vehicle speeds,
thereby reducing the risks to pedestrians.
RCW 46.63.170 authorizes local jurisdictions to use cameras to enforce speed limits in
school speed zones. Pursuant to RCW 46.63.170, on May 21, 2013, Ordinance No. 4080
was adopted by the Council establishing the School Speed Zone Traffic Safety program.
The ordinance also established the fines for violations of school speed zones that are
detected with cameras.
Camera systems were initially installed at the school speed zones for Sunrise
Elementary, Neeley O’Brien Elementary, Meridian Elementary and Millennium
Elementary. These cameras have proven successful at reducing the speeds of vehicles
in these school zones, thus creating a safer environment for pedestrians. More recently,
Meadow Ridge Elementary and Springbrook Elementary were added to the program,
with an expected roll-out in January 2019.
Currently, an infraction committed in a school speed zone that is detected through the
use of an automated traffic safety camera is subject to a $124 penalty. The Police
Department recommends increasing the monetary penalty assessed to $136. The
penalty established by the ordinance has not been adjusted since 2013. The proposed
amount of $136 is consistent with the amount currently imposed for many other similar
traffic infractions in Kent.
EXHIBITS: Ordinance with exhibit.
RECOMMENDED BY: Operations Committee
YEA: Boyce, Higgins, Troutner NAY:
BUDGET IMPACT: Some revenue is expected.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government – Delivering outstanding customer service, developing leaders, and fostering innovation.
☒ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure.
☒ Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation.
MOTION: Adopt Ordinance No. ____ amending Kent City Code section
9.36.140 to increase the base fine for an infraction committed in a school
speed zone from $124 to $136.
This page intentionally left blank.
1 Amend KCC 9.36.140
School Speed Zone
Traffic Safety Ordinance
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
9.36.140 of the Kent City Code, entitled “School
Speed Zone Traffic Safety Cameras,” to increase
the monetary penalty for an infraction committed
in a school speed zone detected by an automated
traffic safety camera.
RECITALS
A. School speed zones are located in areas occupied by a high
number of pedestrians, especially before, during and after school, and
driver inattention and speeding can have devastating consequences.
B. On May 21, 2013, pursuant to RCW 46.63.170, the Kent City
Council adopted Ordinance No. 4080, which set forth the restrictions,
public notice, and signage requirements, as well as the processing and
procedural requirements for use of school speed zone cameras. The
ordinance also established the monetary penalty for an infraction
committed in a school speed zone that is detected through the use of an
automated traffic safety camera.
C. Currently, an infraction committed in a school speed zone that
is detected through the use of an automated traffic safety camera is
subject to a $124 penalty.
2 Amend KCC 9.36.140
School Speed Zone
Traffic Safety Ordinance
D. The monetary penalty established by the ordinance has not
been increase since 2013, and anecdotal evidence suggests that the $124
penalty no longer adequately support the cost of administering the
program, enforcement, and processing of traffic and criminal laws in the
City.
E. This ordinance amends Section 9.36.140 of the Kent City
Code, increasing the infraction penalty from $124 to $136, to more closely
align the revenues received from the traffic safety cameras with the costs
associated with administering the program effectively.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 9.36.140 of the Kent City
Code, entitled “School Speed Zone Traffic Safety Cameras,” is hereby
amended as follows:
Sec. 9.36.140 School speed zone traffic safety cameras.
A. Authorized use of automated traffic safety cameras. Pursuant to the
authority of RCW 46.63.170, the city is authorized to use automated traffic
safety cameras and related automated systems in order to detect, record,
and enforce and prosecute school speed zone violations.
B. Limitation on photos – Use of photos.
1. Limitation on photos. Automated traffic safety cameras may
only take pictures of the vehicle and vehicle license plate and only while an
3 Amend KCC 9.36.140
School Speed Zone
Traffic Safety Ordinance
infraction is occurring. The picture must not reveal the face of the driver or
of passengers in the vehicle.
2. Use of photos. Notwithstanding any other provision of law, all
photographs, microphotographs, or electronic images prepared under this
section are for the exclusive use of law enforcement in the discharge of
duties under this section and are not open to the public and may not be
used in a court in a pending action or proceeding unless the action or
proceeding relates to a violation under this section. No photograph,
microphotograph, or electronic image may be used for any purpose other
than enforcement of violations under this section nor retained longer than
necessary to enforce this section.
C. Infraction processing – Responsibilities – Presumption.
1. In general. Infractions detected through the use of automated
traffic safety cameras are not part of the registered owner’s driving record
under RCW 46.52.101 and 46.52.120. Additionally, infractions generated
by the use of automated traffic safety cameras shall be processed in the
same manner as parking infractions, including for the purposes of RCW
3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3).
2. Notice of infraction. A notice of infraction must be mailed to
the registered owner of the vehicle within fourteen (14) days of the
violation, or to the renter of a vehicle within fourteen (14) days of
establishing the renter’s name and address under subsection (C)(4) of this
section. The law enforcement officer issuing the notice of infraction shall
include with it a certificate or facsimile thereof, based upon inspection of
photographs, microphotographs, or electronic images produced by an
automated traffic safety camera, stating the facts supporting the notice of
infraction. This certificate or facsimile is prima facie evidence of the facts
contained in it and is admissible in a proceeding charging a violation under
4 Amend KCC 9.36.140
School Speed Zone
Traffic Safety Ordinance
this section. Any citation or notice of infraction issued pursuant to this
section may be initiated by electronic signature of the issuing police officer.
The photographs, microphotographs, or electronic images evidencing the
violation must be available for inspection and admission into evidence in a
proceeding to adjudicate the liability for the infraction. A person receiving
a notice of infraction based on evidence detected by an automated traffic
safety camera may respond to the notice by mail.
3. Registered owner responsible – Rental car business. The
registered owner of a vehicle is responsible for an infraction issued
pursuant to this section unless the registered owner overcomes the
presumption in subsection (C)(5) of this section, or, in the case of a rental
car business, satisfies the conditions under subsection (C)(4) of this
section. If appropriate under the circumstances, a renter identified under
subsection (C)(4) of this section is responsible for an infraction.
4. Rental cars. If the registered owner of the vehicle is a rental
car business, the law enforcement agency shall, before a notice of
infraction is issued under this section, provide a written notice to the rental
car business that a notice of infraction may be issued to the rental car
business if the rental car business does not, within eighteen (18) days of
receiving the written notice, provide to the issuing agency by return mail:
a. A statement under oath stating the name and known
mailing address of the individual driving or renting the vehicle when the
infraction occurred; or
b. A statement under oath that the business is unable to
determine who was driving or renting the vehicle at the time the infraction
occurred because the vehicle was stolen at the time of the infraction. A
statement provided under this subsection must be accompanied by a copy
of a filed police report regarding the vehicle theft; or
5 Amend KCC 9.36.140
School Speed Zone
Traffic Safety Ordinance
c. In lieu of identifying the vehicle operator, the rental car
business may pay the applicable penalty.
Timely mailing of the statements described in subsections (C)(4)(a) and
(b) of this section to the issuing law enforcement agency relieves a rental
car business of any liability under this section for the notice of infraction.
5. Presumption. Pursuant to RCW 46.63.075, in a traffic
infraction case involving an infraction detected through the use of an
automated traffic safety camera under this section, proof that the
particular vehicle described in the notice of traffic infraction was in
violation of a law enforced through the use of the automated traffic safety
camera, together with proof that the person named in the notice of traffic
infraction was at the time of the violation the registered owner of the
vehicle, constitutes in evidence a prima facie presumption that the
registered owner of the vehicle was the person in control of the vehicle at
the point where, and for the time during which, the violation occurred. This
presumption may be overcome only if the registered owner states, under
oath, in a written statement to the court or in testimony before the court
that the vehicle involved was, at the time, stolen or in the care, custody,
or control of some person other than the registered owner.
D. Infraction – Penalty. It shall be an infraction to exceed the posted
speed limit in a school speed zone enforced through the use of an
automated traffic safety camera. The penalty for an infraction committed
in a school speed zone which is detected through the use of an automated
traffic safety camera shall be one hundred twenty-fourthirty-six dollars
($124136); provided, the penalty shall be two hundred forty-eight dollars
($248) for a violation in which the vehicle was operated at a speed of
thirty (30) miles per hour or more. In addition to the fines provided herein,
6 Amend KCC 9.36.140
School Speed Zone
Traffic Safety Ordinance
a violator may be assessed any costs and assessments as required or
permitted by state law or court rule.
E. Signs – Payment to vendor – Alternative enforcement.
1. School zones must be signed. All locations where an
automated traffic safety camera is used must be clearly marked at least
thirty (30) days prior to activation of the camera by placing signs in
locations that clearly indicate to a driver that he or she is entering a zone
where traffic laws are enforced by an automated traffic safety camera.
2. Payment made to vendor. The compensation paid by the city
to the manufacturer or vendor of the automated traffic safety camera
equipment must be based only upon the value of the equipment and
services provided or rendered in support of the system, and may not be
based upon a portion of the fine or civil penalty imposed or the revenue
generated by the equipment.
3. Alternative enforcement. Nothing in this section prohibits a
law enforcement officer from issuing a notice of traffic infraction to a
person in control of a vehicle at the time a violation occurs pursuant to
RCW 46.63.030(1)(a), (b), or (c).
F. Use of funds. Funds derived from the use of automated traffic safety
cameras shall be used to pay the costs of administering the automated
traffic safety camera program, including but not limited to personnel costs,
vendor costs, and equipment costs. Funds in excess of these costs may be
used to fund personnel, programs, services, and equipment related to the
enforcement and processing of traffic and criminal laws within the city.
G. Definition. For the purposes of this section, automated traffic safety
camera means a device that uses a vehicle sensor installed to work in
7 Amend KCC 9.36.140
School Speed Zone
Traffic Safety Ordinance
conjunction with an intersection traffic control system, a railroad grade
crossing control system, or a speed measuring device, and a camera
synchronized to automatically record one or more sequenced photographs,
microphotographs, or electronic images of the rear of a motor vehicle at
the time the vehicle fails to stop when facing a steady red traffic control
signal or an activated railroad grade crossing control signal, or exceeds a
speed limit in a school speed zone as detected by a speed measuring
device.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
8 Amend KCC 9.36.140
School Speed Zone
Traffic Safety Ordinance
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
Agenda Item: Consent Calendar – 8J
TO: City Council
DATE: December 11, 2018
SUBJECT: Amendment to American Traffic Solutions Contract for Stoplight Safety
Camera Program – Authorize
SUMMARY: RCW 46.63.170 authorizes local jurisdictions to use automated traffic safety
cameras to enforce traffic laws within its jurisdiction. On May 21, 2013, the City Council
authorized the establishment of the school zone safety program. There are currently four
schools zone in which automated speed cameras are utilized. Two additional schools will
receive the camera systems in January of 2019.
At this council meeting, Council is asked to consider the establishment of a stoplight traffic
safety camera system by adopting KCC 9.36.150. That ordinance will allow for the
placement of automated traffic cameras at six intersections in order to detect red light
violations.
In order to implement the stoplight traffic safety program at the six selected intersections,
staff is proposing an amendment to the City’s contract with American Traffic Solutions (now
d.b.a. Verra Mobility and hereinafter referred to as “ATS”). ATS is the vendor that currently
provides the cameras for the school zone traffic safety program. The current contract with
ATS expires on May 29, 2023. In accordance with this amendment, ATS will install the
stoplight cameras at selected intersections, and will be responsible for camera maintenance.
ATS will also assist with administering the program by gathering video data, providing the
data for review by commissioned Kent Police Officers, and issuing notices of infractions.
Citations for infractions will only be issued upon review and approval of a Kent Police officer
who must first review video and other relevant information. The contracted cost for the
stoplight cameras is $4,750 per approach per month. This is the same amount charged for
school zone traffic safety cameras. Approval of this amendment is contingent on Council’s
adoption of KCC 9.36.050.
EXHIBITS: Original Contract and amendments
RECOMMENDED BY: Operations Committee (12/4/18)
YEA: Boyce, Higgins, Troutner NAY:
BUDGET IMPACT: Cost of contract should be covered by program revenue
STRATEGIC PLAN GOAL(S):
☒ Innovative Government – Delivering outstanding customer service, developing leaders, and fostering innovation.
☒ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure.
☒ Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation.
☒ Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, a nd inviting parks and recreation.
MOTION: Authorize the Mayor to enter into a second amendment to the
contract with American Traffic Solutions to provide traffic safety camera
systems and administrative services relating to the stoplight traffic safety
camera program, contingent upon council’s adoption of KCC 9.36.150, and
upon terms and conditions approved by the Police Chief and City Attorney.
This page intentionally left blank.
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
Ïhis Second Amendment ("Second Amendment") to the Agreement, as amended, is made
between American Traffic Solution lnc., doing business as Verra Mobility ("Verra Mobility''), a corporation
duly registered underthe laws of the State of Kansas and with its principal place of business at 1150 N.
Alma School Rd, Mesa, Arizona 85201 and the City of Kent, Washington ("Customer"), with principal
offices at22O Fourth Ave. S. Kent, Washington, a municipalcorporation of the State of Washington and is
effective upon the last signature date below ("Effective Date"). Verra Mobility and Customer are each
individually a "Party'' or collectively the "Parties". Capitalized terms used in this Second Amendment shall
have the meaning given to such term in the Agreement.
RECITALS
WHEREAS, Customer and Verra Mobility entered into a Professional Services Agreement dated
May 30, 2013; and
WHEREAS, Customer requests Verra Mobility to provide additional services by installing Camera
Systems that record images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a
steady red traffic control signal; and
WHEREAS, Section 15.0 of the Agreement requires any amendments, modifications, or alterations
to the terms and conditions of the Agreement to be in writing and duly executed by the parties; and
WHEREAS, the City and Verra Mobility mutually desire to amend, modify or alter certain terms and
conditions of the Agreement.
TERMS AND CONDITIONS
NOW THEREFORE, in consideration of the mutual covenants and promises contained in this
Second Amendment, the Customer and Verra Mobility do hereby agree as set forth below:
1. The above recitals are true and correct and are incorporated herein.
2. Throughout the Agreement any and all references to "ATS" shall be replaced with "Verra Mobility"
3. Subsection 2., of Section l. Definitions of the Agreement, is hereby deleted in its entirety and replaced
with the following:
"2. "Camera Sysúem' or "Camera": A photo-traffic monitoring device consisting of one (1) rear camera,
strobe, and traffic monitoring device (including the wiring associated with each) capable of accurately
detecting a Violation on up to six (6) contiguous lanes, and up to two (2) signal phases, which records
such data with one (1)or more images of such vehicle. "Camera Sysúem", where the context requires,
also includes any enclosure or cabinet, wiring, and related appurtenances in which the equipment is
stationed. "Camera Sysfem" may refer to either a red light or fixed site school zone speed safety camera
system, depending on the context."
4. Subsection 14., of Section l. Definitions of the Agreement, is hereby deleted in its entirety and replaced
with the following:
"14. "Violation"'. A failure to obey an applicable traffic law or regulation, including, without limitation,
operating a motor vehicle in excess of the posted speed limit or violating a traffic control signal."
5. Subsection 14.1(lll) of the Agreement is hereby modified to apply to both red light and speed Camera
Systems.
6. The address for American Traffic Solutions, lnc. in Section 22. Notices of the Agreement is hereby
requirements may, from time to time, be identified and that the Parties shall negotiate in good faith to
assign the proper Party the responsibility and cost for such items. ln general, if work is to be performed
by Customer, unless otherwise specified, Customer shall not charge Verra Mobility for the cost
9. Subsection 1.1.3 of Exhibit B Scope of Work is hereby deleted in its entirety and replaced with the
following:
1.1.3 Clientwill enforce speed and traffic control signalviolations using Verra MobilityCamera System(s)
at a number of locations to be mutually agreed upon by the Parties and after completion of Site Selection
Analysis. ln addition to any initial locations the Parties may agree to add to the quantities and Locations
where the Camera System(s) are installed and maintained.
10. Except as expressly amended or modified by the terms of this Second Amendment, all terms of the
Agreement, as amended by the First Amendment, shall remain in full force and effect. ln the event of a
conflict between the terms of this Second Amendment and the Agreement, as amended by the First
Amendment, the terms of this Second Amendment shall prevail and control.
11. The provisions of the Agreement, as amended by the First and Second Amendments, including the
recitals, comprise all of the terms, conditions, agreements, and representations of the Parties with
respect to the subject matter hereof.
12. This Second Amendment may be executed in one or more counterparts, each of which shall constitute
an original, but all of which taken together shall constitute one and the same instrument.
13. Each Party represents and warrants that the representative signing this Second Amendment on its
behalf has all right and authority to bind and commit that Party to the terms and conditions of this
Second Amendment.
lN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment.
CITY OF KENT
By:
City Manager Date
ATTEST:
By:
City Clerk Date
AMERICAN TRAFFIG SOLUTIONS, INC
Elizabeth Caracciolo
EVP/GM Government Solutions
J
By:
Date
August 2L,20t8
Ms. Elízabeth Caracciolo, EVp, Govt. Solutions
American Traffic Solutions, Inc.
1150 N. Alma School Road
Mesa, AZ8520l
Dear Ms. Caracciolo,
Please be advised the city of Kent, washington ("city,,) is exercising
i.ts right, pursuant to Section IL3. of the Professlonal
-Services
Agreement("Agreement") executed on or about May 30, 2OL3 between American Traffic
solutions, Inc. ("ATS") and the city, to extend the Agreement for five (5)
additional years from the current expiration date. ln addition to the renewal,the City is authorizing ATS to install additional fixed school zone speed safety
cameras systems at locations mutually agreed to by the parties as noted inthe Notice to Proceed attached herein as Exhibit 1.
The City of Kent looks forward to our continued partnership with ATS
in this important public safety program.
Sincerely,
ACKNOWLEDGED AND AGREED TO BY:
AMERICAN TRAFFIC SOLUTIONS, INC.
EI izabeth Caracciolo, Executive Vice president
Government Solutions
Attachment: Exhibit 1
FIRST AMENDMENT TO
PROFESSIONAL SERVIC ES AGREEMENT
Thls First Amendment ("Flrst Amendment") is dsted and effec(ive as of the date of flnaloxecutlon, as evldenced below (thê "Effectlve Date'), and ls entered into between Americán irafficSolutions, lnc. ('ATS"), a Kansas corporation with its frincípal place of business at 1030 Wesièout¡lern
Ave, Tempe, Arizona 85282, and the city of Kent ("cit¡/'), á wàshington state municipallty.
RECITALS
WHËRËAS, City and ATS entered Ínto a Profosslonel Services Agreemont dated May 30, 2013("Agreemenf');
WHEREAS, Sectlon 16 of the Agreement provides thêt changss to services or scope and
ad.ditíonal systems and servtces may be added to this agreement by mütual consent of ahe t;åles bywritten addendum to the Agreemenl; and
- WHEREAS, Clty and ATS mutually deslre to amend the terms and conditions of theAgreement;
TERMS AND CONDITIONS
NOW, THEREFORE, th6 parties agree to supplêment and amend the Agre€mênt as folows:
1' ssction 7 communicatlon of lnformalion shall be amended as follows;
7. COMMUNICATION OF INFORMAT'ON ANO PUBLIC REQORDS ASSI$TANCE:
ATS wlll comply wíth reasonable requosts for lnformation obtained by ATS through operation of
the Axsis Eystem. A#SreÊ€rvee{fr++¡ge{_{€-€r€€6s-++e€JeFsueh-een¿tee+ ATS recog0izeq
customgr ls.subþct to the requtremênt$ of thô Waghlngtoô pJþtiç-߀ppr{s Act {ch. 42.69 Àcw},
AÏS-.ålsg reco$nlzos {Jrat. with lhe exceotlon of a S.16 asr nage fee fgr oaper cpp¡as thàiãio
recqlved bLATS qf Çustomer.
SecUon I Confldentlal lnformation shall be amended as follows:
8, CONFIDENT]AL INFORMATION:
No inforrnalion given by ATS to Customer wfll be of a confìdential nature, unless speciflcally
deslgnated in writíng as proprietary and confidential by ATS, However, nothing in thts paragrapñ
shall be construed contrary to the terms of eny-lgpsÊ*€€srde
^,€t'
the publiq ßecords Aci (Ch.
42,ı€- RCW or similar laws, insofar as they mây bê applicabfê.
Seclion 10 lndemníficatlon and f nsurançe shall be amended as followsr
10. INDEMNIFICATION AND IN$URANCE:
1 0, 1 lndemnifìcation by ATS. Subject to Seclion 10.3, ATS agrees to indemnify the Customer and
Its managers, officers, directors, employees, agents, represontatives and successors (individually
a "Customor P€rty" and collectlvoly, the "Customer Parlles") against all llabllities, 'ontiga¡ons,
losses, damages, penalties and Judgments (colloctívaly, "Lossss'), whlch may oe imposãc on oiincurred by any Customer Party arising out of or related to tho gross nãgligenós or willful
r)
3.
É
(iv) ln lhe event thât AT8 is !.lg.bto to dlrecfly file lnfractions into washington's
Judlcial I nformation Servlces (JIS).
inetallatieñ-âfi d+qulpn€nl,
Exhibit "8" - Seope of Work, Secflon 1.1,7 shall be amended as follows:
1,1.7 ATS shall take reasonable best êfforts to repair a non.funcllonal Camara System wiihin
seventy-two (72) buslness hours of determination of a malfunction, except for those causes of
Force Majeure ss outlined in Section 48 19 ln the General Terms and Condttions of this
Agreement, For each 24 houf.perlod In er ıof 72 hours that a Camara gy"stem remains non-
lqncllonpl. ¡rs w[l cre¿tt Çugtomer t¡go- or *t" mont¡ly f"ã ã;roe-abt6 toJh;
$vstem. Customer shall not be obllaated to oav Ats ro¡ anv oerigd in whictì ',veb ãscem
funcllonalgnd the non-functlonalltv of the web accqss [q the responstbititi of ÃlÊ
Exttibít uB" - scope of work, section 1.2 ATs operatioæ shall be amonded, but only asfollows:
1,2.4 ATS shall apply an eleatronic s ignature to the Cftatlon when authorized to do so by anapproving law enlorcement officer.
6.
girêcted,
1,2.5 ATS
records to
priclng opti
mall Notlces of Viotailon to tho address
shall seek records from out-of-state vehlcle
lesue serul Noticos of Vlolation fer-the at the.
on, ATS assumes this responsibility
Services Subscriber Authorlzatlon found in
reglstratlon databases and use
Custome(g!!91þ¡ accordlng to
such
each
as a named Gustomer's agent by signing of DMV
Exhibit D of thls Agreemont. ATS
of the Owner obtalned through
reserves the rlght to
tho DMV,oblainedthrough the Natlonal Change of Address (NCOA) database by the United States Postatptovlded
limfted toService, or obtalned thro ugh other means includlng but not skip traclng.
STANDARD PROFESSIONAL SERVICES AGREEMENT
This Standard Professional Seruices Agreement which includes the attached Exhibits (herein
"Agreement") is made by and between American Traffic Solutions, lnc. (herein 'ATS'), with its piincipal
place of business at 7681 East Gray Road, Scottsdale, Arizona, and the City of Kent (lrerein "Customei"),a Washington State municipality (ATS and Customer individually, a 'iParty", and collectively, thé
"Parties"). This Agreement sets forth the terms, conditions and obligations of the Þarties.
WITNESSETH:
WHEREAS, ATS has the exclusive knowledge, possession anCownership of certain equipment, licenses,
and the processes (collectively referred to herein as the "AxsisrM system"'or "Axsis"); and'
WHEREAS, CUSTOMER des¡res to use the Axsis System to monitor and enforce traffic violations and to
issue citations for said traffic violations;
The attached Exhibits include:
Exhibit A..............SERV|CE FEE ScHEDULE
Exhibit B..............SCOPE OF WORK
Exhibit C..............DESlcNATED LOCATTONS
Exhibit D.......,......DMV SERVICES SUBSCRIBER AUTHORTZATTON
By signing below, the Pârties agree to lhe terms and conditions of this Agreement together with the
attached Exhibits. This Agreement contains the complete and exclusive sfatement of the agreement
between the Parties relating to the matters referenced herein and replaces any prior oral ır written
representations or communications between the Parties. Each individual signing below represents that
s/he has the requisite authority to execute thís Agreement on behalf of the ãntity which s/he represents
and that all the necessary formalities have been met.
ACKNOWLEDGED AND AGREED TO BY:
AMERTCAN TRAFFTC SOLUTIONS. tNC. CtTy OF K,ENT. WASH|NGTON
", "ó hwil þ*h- -çlzt ft'y
B. Míchael Bolton Date
Chief Operating Officer
By:
Date
This Agreement is effective on the date of execution by the last signatory to this cover page ("Effective
Date").
I. DEFINITIONS
As used in this Agreement, the followíng words and terms shall, unless the context othenryise requires,
have the respective meanings provided below:
1. "Eusiness Hourd': Eight (8) hours per day, Monday through Friday, excluding weekends and holidays.
2. "Camera Sysfem" or"Camera": A photo-traffic monitoring device consisting of one (1) rear camera,
strobe, and traffic monitoring device capable of accurately detecting a traffic infraction òñ up to four (4)
contiguous lanes which records such data with one (1) or more images of such vehicle. "Camera
Sysfem" shall, where the context requires, also include any enclosure or cabinet and related
appurtenances in which the equipment is stationed.
3, "Ch4nge Order Notice": Written notice from Customer requesting changes to the work required to be
performed or the addition of products or services to those required tolhe terms of this Àgreement,
setting forth in reasonable detaílthe proposed changes.
4. "Change Order Proposal' . A written statement from ATS describing the cost of the changes to the
work or addition of products or seruices requested by Customer in a Change Order Notice.
5. "Citation":A citation or notice of violation or equivalent instrument issued by a competent state, county
or municipal law enforcement agent or agency or by a court of competent jurisdiction relating to ã
violation documented or evidenced by Axsis.
6. "Designated Location or Location": One (1) direction of travel on a road or a traffic intersection,
including up to four (4) contiguous lanes.
7. "Eliglble Cameras": Cameras for which ATS has been billing Customer for a mínimum period of twelve
(12) months.
8. "Fees": The amount payable by Customer to ATS for equipment, services, and maintenance as set
forth in Exhibit "A".
9. "Notice to Proceed''. Written confirmation from Customer that ATS may proceed with the installation of
a given Camera System.
10' "Owneì': The owner(s) of a motor vehicle as shown by the motor vehicle registration records of the
motor vehicle department or the analogous agency of another state or country.
11. "Person" or "Persons": Any individual, partnership, joint venture, corporation, trust, unincorporated
association, governmental authority or political subdivision thereof or any other form of entity.
12. "Proiect Time Line": The initial schedule and timelines required to begin the implementatíon of
Customer's project, as mutually agreed upon by the parties.
13. 'Sfarf Oafe': The first day of the month following the date on which the first Citation is issued from the
last camera installed under this Agreement, notwithstanding any Change Order Notices.
14, "Violation": A failure to obey an applicable traffic law or regulation, inctuding, without limitation,
operatíng a motor vehicle in excess of the posted speed limit.
II. GENERAL TERMS AND CONDITIONS
1. ATS AGREES TO PROVIDE:
The scope of work identified in Exhibit B Section l.
Confìdential
Pege 3 of 16
5t1412013 8:s5 PM City of Kent, Washington
6
Example: Fee of $4,750 per Camera System per month and four (4) cameras installed. lf during
Month 1 camera #1 revenue is $5,000, camera #2 revenue is $3,500, camera #3 revenue iı
$6,000 and camera #4 revenue is $3,500, the total revenue from the cameras for the month is
$18,000. ATS would invoice Customer for $19,000 ($4,750 x 4 Camera Systems). However,
Customer would only be required to pay $18,000 in Month 1 and the $1,00d deficii would carry
over to subsequent months. lf in Month 2 the combined revenue from the 4 cameras was
$28,000, ATS would invoice the Customer $20,000 (i.e., the $1,000 deficit from the prior month
plus the $19,000 monthly fee for the 4 Camera Systems). The Gustomer is not responsible for
any deficit balance fee at the end of the term of the Agreement.
SITE SELECTION ANALYSIS:
Prior to performing work to install a camera system at a location or implementing the Axsis System, and
at no cost to the Customer, ATS shall conduct an analysis of each site being cònsidered foia Camera
!y{em For any site recommended by the Customer, and subject to prior ãpproval by the Customer,
ATS may install a Camera System if a constructability analysis cóndudes an insiailation ís feasibte. ATS
makes no representations or warranties that any violation rate estimates will be predictive of actual future
tratfic violation rates. lf the Customer requests that ATS move a Camera Systeni to a new Approach after
initial installation, the Customer shall pay for the costs to relocate the Cameia System.
7. COMMUNICATION OF INFORMATION:
ATS will comply wjth reasonable requests for informatíon obtained by ATS through operation of the
Axsis System. ATS reserves the right to assess a fee for such services.
8. CONFIDENTIAL INFORMATION:
No information given by ATS to Customer will be of a confidential nature, unless specifically designated
in writing as proprietary and confidential by ATS, However, nothing in this paragraph shall be conlkued
contrary to lhe terms and provisions of any "Open Records Act" or similar laws, insofar as they may be
applicable.
9. OWNERSHIP OF SYSTEM:
It is understood by the Customer that the System being instatled by ATS is, and shall remain, the sote
property of ATS, unless separately procured from ATS through a lease or purchase transaction. The
System is being provided to Customer only under the terms and for the term of this Agreement.
IO. INDEMNIFICATION AND INSURANCE:
10.1 lndemnification by ATS. Subject to Section 10.3, ATS agrees to indemnify the Customer and its
managers, officers, directors, employees, agents, representatives and successors (individually a
"Customer Party" and collectively, the "Customer Parties") against all liabilities, obligations,
losses, damages, penalties and judgments (collectively, "Lossest'), which may be impose? on or
incurred by any Customer Party arising out of or related to the gross nôgligence or willful
misconduct of ATS, its employees or agents which result in death or bodily in¡ury to any natural
person (including third parties) or any damage to any real or tangible personal property (including
the personal property of third parties), except to the extent caused by the gross neþtigence ol
willful misconduct of any Customer party.
10.2 lndemn¡fication b-y Customer. Subject to Section 10.3, the Customer hereby agrees to indemnify
ATS and its atfiliates, shareholders or other interest holders, managers, ófticers, directors,
employees, agents, representatives and successors, permitted assigneeè and all persons acting
by, through, under or in concert with them (individually an "ATS Party" and collectively, the "ATı
Parties") against any and all Losses which may be imposed on or incurred by any ATS party
arising out of or related to the gross negligence or willful misconduct of the Customer, iti
employees, contractors or agents which result in death or bodily injury to any natural person
(including third parties) or any damage to any real or tangible personat property (inctuding the
personal property of third pañies), except (i) to the extent caused by the gross negligenðe or
511412013 8:55 PM
Page 5 of 16
City of Kent, Washington
I2. DISPUTE RESOLUTION:
All disputes shall be resolved within the jurisdiction of the state of Washington. Each party shall besolely responsible for its own costs and attorney's fees ín resolving disputei. Each party waives theright to a jury trial. The Parties may utilize mediation and or arbitration to resolve cohRicis by mutualwritten agreement,
I3. CHANGEORDERS:
The Customer may from time to time request changes to the work required to be performed or theaddition of products or services to those required to tñe terms of this Agreement by provding a Changeorder Notice'' uPol, ATS' receipt of a Change Order Notice, Rts ðnall delivei ä written statementdescribing the cost, if any (the "Change Order- Proposal"), Foilowing the Customer,s receipt of thechange order Proposal, the Parties sñail negotiate'in goéd faith and alree to a plan and schedule forimplementation of .the proposed changes; the time, mañner and amouni of paymbnt or price increasesor decreases, as the case may be; and any other matters relating to the þóposeO changes. fn theevent that any propo€ed change involves only the addition of eq-uipment br ierv¡ces to ihe existinglocations or the addition of new sites to be covered by the terms of this Agreement, to the maximumextent applicable, the pricing terms set forth in Exhibit A shal govern. Añy failure of the parties toreach agreement with ¡esp99t to any of the foregoing as a result ãf any propósed changes shall not bedeemed to be a breach of this Agreement, and ány ðisagreement shai óe resolved in accordance withsection 12 ("Dispute Resolutionr') of this Agreement. -such change order shall not invatidate thepro_curement process or this Agreement nor relieve or release ATS or the Customer of any of itsobligations under this Agreement unless stated therein.
I4. TERMINATION:
14.1 ATS'services may be terminated:
(i) By mutual written consent of the parties; or
(ii) By the failure of either Party to meet its obligations under this Agreement; provided that theParty failing.to meet its obligations shall have up to 30 calendar ðays to cure the failure; andprovided further, that in the event ATS fails to meet its obligations únder this Agreemun| theCustomer shall be relieved of payment for the services of nÍS during the time of failure.
(iii) For Legal Reasols, by either Party in the event the Customer's use of speed cameras isrendered unlawful or impractical pursuant to applicable state or federal law and after theexhaustion of all reasonable legal action by the Customer and ATS seekíng to overturn thecourt order or state or federal legislation that rendered the use of cameras unlawful orimpractical. However, the Customer shall have no obligatíon to pay ATS a fee for any periodwhen it is unlawful or impractical to issue Citations, unless ã Court places a'siay ofimplementation on the legal action or new law. The term of the Agieement shall besuspended during any period in which the Customer is not obtigated to þay ATS and suchtime period shall be added to the term of the Agreement once ¡t becomeå láwful or practical
for the Customer to issue Citations. In the eveñt of termination pursuant to this subsection14.1(íii), the Parties shall take the following actions set forth in Subsection 14.2 below, whichsurvive termination during the w^ind-down period. This subsection 14.1(iii) shall not apply tothis Agreement or any Camera Systems grandfathered under state or tèoêral legistatióÅ. îorthe purposes of this section, "impractical't includes but is not limited to an instance in whichcourt or legislative action makes the use of the equipment and services provided in thisAgreement less than cost neutraf for the Customer afier taking into consideration the totalcost to the customer of utilizing the equipment and services of AÍs.
(iv) ln the event that ATS is unable to directfy file infractions into Washington's Judiciatlnformation Services (JlS).
(v) ln the event of Termination by ATS under this subsection for breach by Customer, Customershall reímburse ATS' documented unrecovered costs of installation and equipment.
Page 7 of 16
18. NOAGENCY:
ATS is an independent contractor providing services to the Customer and the employees, agents andservants of ATS shall in no event be considered to be the employees, agents oi servaàts of theCustomer. This Agreement is not intended to create an agen'"y-retaiioninip between ATS andCustomer.
I9. FORCE MAJEURE:
Neither Party will be liable to the other or be deemed to be in breach of this Agreement for any failure ordelay in rendering performance arising out of causes beyond its reasonable control and without its faultor negligence' Such causes may include but are not limited to, acts of God or the public enemy,terrorism, significant fires, floods, earthquakes, epídemics, quarantine restrictions, str¡kes, freighiembargoes, or unusually severe weather.. The_Pariy whose performance is affected agrees to not¡fythe other promptly of the existence and nature of any
-delay.
20. TAXES:
At the time of execution of this Agreement, it is the understanding of the parties that ATS, servicesprovided hereunder arg not subject to federal, state or local taxes-including but not limited to excise,sales, use, pr9!!rty or similar taxes or charges. The Customer agrees to rãimburse ATS for any .rcitax or charge if charged against ATS. lf incuired, such taxes or charges may be invoiced at any time.
2I. NOTICES:
Any notices or demand which, under the terms of this Agreement or under any statute, must or may begiven or made by ATS or customer shall be in writing ano srrall be given or made uy personat service,telegram, first class mail, FedEx, or by certified oi registereo má¡l to the parties at the foltowingaddress:
City of Kent, Washington
220 Fourth Avenue S
Kent, Washington 98032
Attn: City Attorney
American Traffic Solutíons, lnc.
1330 West Southern Avenue
Tempe, Arizona85282
Attn: Legal Department
Confidential
Page I of 16
5114t2O13 8:55 Plì/t City of Kent, Washington
EXHIBIT B
SCOPE OF WORK
1. ATSSCOPEOFWORK
1.1 ATS IMPLEMENTATION
ATS will furnish a safety camera system to allow for the enforcement of speedíng
violations at various locations. The fixed speed camera system shall consist of a single
camera system covering at least four (4) lanes in two (2) directions of travel. The
Customer shall be responsibfe for moving the camera system from one location to
another. lf the Customer requires the camera system to be installed in a vehicle, the
vehicle must conform to ATS installation requirements and be installed by an ATS
approved installer. Customer shall be responsible for providing the vehicle. The vehicle
shall be titled and remain the property of the Customer and the camera equipment will
remain the property of ATS. The Customer will be responsible for fuel as well as routine
maintenance (such as oil changes, tire replacement, etc.) and routine service on the
vehicle itself; provided however that ATS will repair, maintain, service and replace as
necessary all camera equipment on the vehicle. The Customer will add the vehicle and
the equipment contained therein to its fleet insurance and general liability policies.
The Customer and ATS will complete the Project Time Line within thirty (30) days of
Agreement execution date, unless mutually agreed to othenruise by the Parties. ATS
agrees to make every effort to adhere to the Project Time Line.
client will enforce speed violations using ATS camera System(s) at a number of
locations to be mutually agreed upon between ATS and the Customer after completion of
Speed Site Selection Analysis, ln addition to any initial Locations, the Parties mey agree
to add to the quantities and Locations where Camera System(s) are installed and
maintained.
ATS' in-house Communications Department will assist the Customer with public
information contenl and outreach campaign strategies. Depending upon the mutually
agreed-upon strategy, ATS may provide public relations consultants, advertising, or
media relations for an additional fee as described in Exhibit A, Service Fee Schedule.
ATS agrees to provide a secure website (www.violationinfo.com) accessible to Owners
who have received Notices of Violation by means of a Notice # and PlN, which will allow
Viofation image and video viewing. As part of the secure website, ATS will provide a
Frequently Asked Questions (F.A.Q.) page. ATS will operate this secure website on a24-
hour basis, barring downtime for maintenance, normal servicing activities, or other
unforeseen instances (i.e., acts of God, etc.).
ATS will provide technician site visits to each Camera System, as needed to perform
preventive maintenance checks consisting of camera enclosure lens cleaning; camera,
strobe and controller enclosure cleaning; inspection of exposed wires; and, general
system inspections and maintenance.
ATS shall take reasonable best efforts to repair a non-functional Camera System within
seventy-two (72) business hours of determination of a malfunction, except for those
causes of Force Majeure as outlined in Section 18 in the General Terms and Conditions
of this Agreement.
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8 For any customer using ATS lockbox or epayment services, ATS will establish a
dedicated demand deposit account. lf Customer is more than sixty (60) days past due on
payments to ATS, ATS may withhold all transfers/sweeps of violation payments to
Customer until Customer becomes current on its payments. One time setup, monthly
merchant account servicing costs and nonsufficient funds fees shall be billed through to
the Customer monthly.
Conlident¡al
Page 11 of 16
5l'1412413 8:55 PM City of Kent, Washington
2
prior to the date each radar is operated, and upon the recertification of any
radar equipment.
1.2.9 ln lhose instances where damage to a Camera System (or sensors where approved) is
caused by (i) negligence on the part of ATS or its authorized agent(s), (ii) negligence or
recklessness on the part of a driver or other person (except for City emplóyees), (iii)
vandalism, or (iv) severe weather or acts of God, ATS shall bear the cost of rèpair. For
all other causes of damage, Customer shall reimburse ATS for the cost of repair.
1,2.10 ATS shall provide a help-line to assist the Customer with resolving any problems
encountered regarding its Camera System and/or Citation processing. The help-line shall
function during normal business hours.
1.2.11 As part of its Camera System, ATS shall provide violators with the ability to view
Violations online. This online viewing system shall include a link to the ATS payment
website(s) and may offer the opportun¡ty to download an affidavit of non-liability online.
Online obtained affidavits, if approved by the Court, may be dírected to and procéssed by
ATS and communicated to the Court via the Axsis transfer described above.
1.2.12 For video retrievals requested by Customer unrelated to enforcement of a Violation,
including but not limited to investigatíon of a criminal matter, ATS will provide up to 2
video retrievals per month at no cost to Customer. For each additional video retrieval,
Customer shall pay a fee, pursuant to Exhibit A (,'Video Retrieval Fee',).
CUSTOMER SCOPE OF WORK
2.1 GENERALIMPLEMENTATIONREQUIREMENTS
2.1.1 Within seven (7) business days of the Effective Date of this Agreement the Customer
shall provide ATS with the name, title, mailing address, email address and phone number
of:
o a project manager with authority to coordinate Customer responsibílities under this
Agreemento Municipal Court manager responsible for oversight of all Court-related program
requirementso The Police contacto The Court contacto fhe person responsible for overseeing payments by víolators (might be court)o The Prosecuting Attorneyo The City Attorneyo The Finance contact (who gets the invoices and will be in charge of reconciliation)o The lï person for the policeo The lT person for the courtso The Public Works and/or Engineering contact responsible for issuing any/all permits
for construction
2.1.2 Within seven (7) business days of the Effective Date of this Agreement, the Customer
shall provide ATS with the name and contact information for a Municipal Court manager
responsible for oversight of all Court-related program requirements.
The Customer and ATS shall complete the Project Time Line within thirty (30) calendar
days of the Effective Date of this Agreement, unless mutually agreed to otherwise by the
Parties. The customer shall make every effort to adhere to the project rime Line.
The Customer shall direct the Chief of Police or approved alternate to execute the ATS
DMV Services Subscriber Authorization (Exhibit D) to provide verification to the State
Department of Motor Vehicles, National Law Enforcement Telecommunications System,
or appropriate authority indicating that ATS is acting on behalf of the Customer for the
2.1.3
2.1.4
Conf¡dent¡al
Page 13 of 16
511412013 8:55 PM City of Kenl, Washington
EXHIBIT D
DMV SERVICES SUBSCRIBER AUTHORIZATION
Agency ORI
DATE
Nlets
1918 W. Whispering Wind Dr
Phoenix, AZ 85085
Attn: Steven E. Correll, Executive DirectorRe: Authorization for American Traffic solutions, lnc. to perform MVD lnquiry
Dear Mr. Correlf:
Please accept this letter of acknowledgement that a Agreement to perform automated enforcementbetween and American Traffic Solutions, lnc. is or will be enacted
and will be or is in force. As a requirement of and in performance of that Agreement between
American Traffic Solutions, lnc., it will be necessary for
American Traffic Solutions, lnc. to access Nlets motor vehicle data.
Please accept th¡s letter as authorization from for American TrafficSolutions,lnc.torunmotorvehicleinquiries.Thictforthetermofour
Agreement with Nlets and any subsequent renewals.
This authorization will automatically expire upon the termination of the Agreement between
American Traffic Solutions, lnc., and, such authorization islimited to violations detected by the automated enforcement camera systems, By complet¡ng theinformation below and signíng this letter, I am stating that I am a member of the
have the authority to empower American Traffic Solutions,
lnc. to use ORIAGENCY ORt for this function
SUBSCRIBER INFORMATION
Subscriber Agency/Name
Nlets Agency ORI
Name/Title of Authorized
Representat¡ve
Mailing Address
Telephone
Email
Signature of Authorized
Representative
Date Signed
Fax
Confidential
Page 16 of 16
511412013 8:s5 PM City of Kent, Washington
Arneriçan
Traffr Soh¡tir¡ne'
Kent, WA
* WA = States that Require Justification Reports (JRs) - state roads only
NB 104th Ave SE / SR 51s
CôôÐ
.F ôôà
240rh sr.
Ave SE / SR 515
ôôÐ
240rh st -
€
EB 240th sr 104th Ave SE / SR 515.
Côôà
4 WB sE 240rh sr
Côô
'104th Ave SE / SR 515 -
Ð
3.4
4.5
Kent WA-2018-3-22;;
SLS
SLS
SLS
SR391 SP4;1x;
SR391 SP4;1x;
SR391 SP4;1x;
SR391 SP4;1x:
2
3
SB
4.4
7.O
7.O SLS SR391 SP4;1x;
sundav' Jurvo8,2018 rnternarrv Approved: Yes = site siven inriiSii#::Ë_ryrâT,:#*ilïr";,"d;îir^îJ?,"1::¡"1üiå; Monitored Lane, Red Arrow = Not
The information provided in this report is an estimate and shall not be eonsidered as binding. The actual numbers may be different.
OptionsConditionslnternally
Approved
Predicted Violations
after Maturity
Cross StreetStreetDirection
Page I ofô
American
THfrc $olutions"
Kent, WA
. WA = $1¿1gs that Require Justificat¡on Reports (JRs) - state roads only
Kent WA-2018-3-22;;
Ave S
ôô
212th St
é Ð SLS SR391 SP4;1x;
10 SB th Ave S 212rh St€1ôt 6.4 SLS SR391 SP4;1x;
11 EB 84th Ave S€ ô 1ôt SLS SR391 SP4; lx;
12 WB s 212th St
Cô
84th Ave Sôô+SLS SR391 SP4; lx;
sundav' Jurv 08' 2018 rnternarrv Approved: Yes = site t'"ilriiil?3ii#::¿,"Yrâi':J="ñilî'ñ'r1î;;îiäîJT,"?i:,""iäJ,,H Monitored Lane' Red Arrow = Not
The information provided in this report is an estimate and shall not be considered as binding. The actual numbers may be d¡fferent.
NB
5.4
I
ì
I
I
ls zran st
5.2
5.2
OptionsConditionslnlernally
Approved
Predicted Violations
after Maturity
Cross StreetStreetDirection
Page 3 of 6
Arnerican
Traffic Solutions'
Kent, WA
* WA = g¡¿1ss lhat Require Justification Reports (JRs) - state roads only
21 NB -B"'i Kangley Rd / SR 516
17
'18
19
20
Kent WA-2018-3-22;;
SLS
SLS
Constuctable
SLS
SR391 SP4;1x;
SR391 SP4;1x;
SR391 SP4;1x;
Not
256th St .
c+þ 1.8 SLS SR391 SP4;1x;
22 WB 256rh St Kent Kangley Rd / SR 51 6 -
ôô 3.7 SLS Major tree
lrim;
SR391 SP4;1x;
sundav, Jurv 08, 2018 rnternarrv Approved: Yes = ste n'"1,Xìfii3!Tjj::ãåiilå|[ñilî'Ë,nf;;î:r^îJ?,"îj:å:äå",,ff Monirored Lane, Red Arrow = Not
The information provided in this report is an estimate and shall not be considered as binding. The actual numbers may be different.
OptionsConditionslnternally
Approved
Predicled Violations
after Maturity
Cross Street
4.8
4.7
Smith St / SR 516 -
Smith St / SR 516 .
Central Ave N *
Central Ave N .
4.9
StreetDirection
E Sm¡th St / SR 516
SB
WB
<e
C
NB
EB
E Smith St / SR 516
€ôôt
Ave N
ôît
Ave N
ôôt
Page 5 of 6
2018 Collisions: Busiest lntersections
Density Map
Each dot on the map represents one or more collisions at a location. Therefore, using the Density feature, you can
visually see how many collisions occurred in a specific area. The darker the density "blob" , the more collisions in close
proximity to each other in a specific area. The yellow on the density map shows the highest concentrated area, again
based upon the number of collisions in proximity to each other. The yellow area, centered upon Kent Station,
encompassing the area from 4th to Central, James to Smith, has had a total of 94 collions.
So far in 2018, the city has had a total of 2,084 Collisions. The Top 7 intersections for collisions have been
lntersection Count Count within 1 block Densitv blob
r08/2o8 39 M 74
LUl24O 27 46 ro4
James/Cental 20 23 70
Smith/Central 20 22 87
LUl2s6 18 33 85
u/2L2 15 27 57
Meeker/Washington 1_3 24 57
I gave three different counts above: the actual intersection, within a block of the intersection, and within the density
"blob" , which is about an 8 block (% milel radius around the intersection.
With 39 collísions, the most so far in 2008, 108th/208th accounted for only 1.8% of all collisions in the city. But if you take
the % mile radius around the LO4/24O intersection, that area, with 104 collisions, accounted for 5% of all collisions city-
wide.
!
I
I
ff..'
a
r3
¡
,t
.¡1..
\tt
?
Collision locations overlaid
on top of Density Map
Agenda Item: Consent Calendar – 8K
TO: City Council
DATE: December 11, 2018
SUBJECT: Ordinance Granting Water System Franchise to Highline Water District –
Adopt
SUMMARY: For the past year, the City and Highline Water District (Highline) have been
negotiating this franchise agreement which governs the operations, installation,
construction and maintenance of Highline’s facilities within the City’s rights-of-way and
charges Highline a franchise fee. In 2017, the City entered into its first utility franchise
agreement with Water District #111. The Highline franchise is modeled after the Water
District #111 franchise, but its provisions differ slightly.
The Highline franchise runs for a period of fifteen years, with an automatic extension of
an additional five years, unless a party provides the specified notice to terminate.
Following the five-year extension, the franchise renews automatically for one-year
periods until terminated. It establishes a franchise fee of six percent of Highline’s
“revenue,” which is a specifically defined term within the franchise. In consideration of
the franchise fee, the City agrees not to assume the water district and also to forgo any
legal authority it has to impose a utility or other excise tax upon Highline.
The franchise also addresses other issues regarding Highline’s facilities within the rights-
of-way. Specifically, the franchise contains detailed terms on the relocation of Highline’s
facilities to accommodate a City project or other project including coordination,
consideration of alternatives that avoid relocation, and how to split the costs of
relocating the facilities. These terms are particularly important because Highline’s
facilities are located in an area in which the City expects significant redevelopment to
take place over the term of the franchise.
EXHIBITS: Ordinance
RECOMMENDED BY: Operations Committee
YEA: Boyce, Troutner, Higgins NAY:
BUDGET IMPACT: It is estimated that this will bring in $100,000 in revenue each
year.
STRATEGIC PLAN GOAL(S):
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community
partnerships.
MOTION: Adopt Ordinance No. , granting the Highline Water
District a non-exclusive 15-year franchise to construct, maintain, operate,
replace and repair a water system within public rights-of-way of the City of
Kent.
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Highline Water District
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, granting Highline Water
District a non-exclusive 15-year franchise to
construct, maintain, operate, replace and repair a
water system within public rights-of-way of the City
of Kent, imposing a franchise fee in the amount of six
percent on the District’s revenues and setting forth
other provisions concerning the relocation of District
facilities to accommodate projects caused by the City
and other projects not caused by the City.
RECITALS
A. Highline Water District, a Washington special purpose
municipal corporation (“District"), owns and operates water facilities
(“Facilities”) and provides retail utility water service to customers located
within the District’s corporate and approved retail water utility service area
boundary; a portion of the District’s Facilities are located in the City of
Kent, a Washington non-charter municipal code city ("City"), within the
City’s right-of-way as hereinafter defined; and
B. The City also owns and operates a water utility system and
provides retail water utility services to customers located with the City’s
corporate and approved retail water utility service area boundary.
C. Portions of the District’s and the City’s corporate and retail
water utility service area boundaries are adjacent.
D. RCW 57.08.005 (3) authorizes the District to conduct water
throughout the District and any city and town therein, and construct and
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lay facilities along and upon public highways, roads and streets within and
without the District; and
E. RCW 35A.47.040 authorizes the City to grant non-exclusive
franchises for the use of the public streets above or below the surface of
the ground by publicly owned and operated water facilities; and
F. The City and the District have prepared a Franchise
Agreement (“Franchise” or “Agreement”) to provide for the operation of
District Facilities within the City right-of-way, to impose a franchise fee of
six percent on District revenues and to govern the relocation of District
facilities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Definitions. Where used in this Franchise these
terms have the following meanings:
A. "City" means the City of Kent, a Washington municipal corporation,
and its respective successors and assigns.
B. "District" means Highline Water District, a Washington municipal
corporation, and its respective successors and assigns.
C. “Facility” or "Facilities" means tanks, reservoirs, water treatment
facilities, meters, pipes, mains, services, valves, blow offs, vaults, fire
suppression water facilities, risers, generators, electrical control panels,
power meters, telephone connections, pressure reducing valves ("PRVs"),
pump stations, meter stations, interties, lines, and all other necessary or
convenient facilities and appurtenances thereto for the purpose of operating a
water utility system, whether the same be located over or under ground.
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D. "Franchise Area" means every and all of the public roads, streets,
avenues, alleys, highways and rights-of-way of the City as now or hereafter
laid out, platted, dedicated or improved in District's service area within the
present corporate boundaries of the City, and as such corporate boundaries
may be extended within District's service area by annexation or otherwise.
E. "Ordinance" means this Ordinance No. ________, which sets forth
the terms and conditions of this Franchise.
F. "Party" or "Parties" means the City or the District individually, or
collectively as addressed in this Franchise.
G. "Revenue" means income received by the District from the sale of
metered water to direct retail customers whose connections to the District's
water system are located within the City. Revenue shall not include: late
fees; shut-off and reconnect fees; delinquent service charge collection costs
and expenses; surcharges; impact or mitigation fees; permit fees and costs;
any type of connection charges, general facilities charges, or local facilities
charges; local improvement district and utility local improvement district
assessments and payments; grants; contributed assets (contributions in aid
of construction); loans; income from legal settlements not related to water
sales to District customers; income from telecommunication leases or
licenses; income from real property or from real property sales; income from
the sale of surplus equipment, tools or vehicles; interest income; penalties;
hydraulic modeling fees; water availability document fees and charges; water
system extension agreement fees and charges; income from street lights;
labor, equipment and materials charges and the Franchise Fee.
SECTION 2. - Franchise.
A. The City does hereby grant to District the right, privilege, authority
and franchise to construct, install, lay, support, attach, maintain, repair,
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Highline Water District
renew, replace, remove, enlarge, operate and use Facilities in, upon, over,
under, along, through and across open city right-of-ways within the
Franchise Area for purposes of its water utility functions as defined in Title
57 RCW beginning on the Effective Date of this Franchise; provided the
City's grant of the right to use the Franchise Area to the District as
provided herein for its Facilities shall not be construed to require the
District to provide such Facilities to the City.
B. Nothing contained in this Ordinance is to be construed as granting
permission to District to go upon any other public place other than those
types of public places specifically designated as the Franchise Area in this
Ordinance. Permission to go upon any other property owned or controlled
by the City must be sought on a case-by-case basis from the City.
C. In addition to the rights granted to the District to undertake and
perform activities within the Franchise Area as provided herein, District
shall have the right to discharge District water supply to and into the City’s
storm water system while performing water system flushing and other
District activities, provided any District water to be discharged to the City’s
storm water system must comply with all applicable federal and state
water quality standards and the City’s NPDES permit relating to the City’s
storm water system.
D. At all times during the term of this Franchise, District shall fully
comply with all applicable federal, state, and local laws and regulations.
SECTION 3. - Non-interference of Facilities.
A. Survey monuments shall not be removed or destroyed without the
District first obtaining the required Department of Natural Resources (DNR)
permit in accordance with RCW 58.09.130 and WAC 332-120-030, and as
such statute and regulation may be modified and amended. All survey
monuments which have been distributed or displaced by such work shall
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be restored pursuant to all federal, state and local standards and
specifications. District agrees to promptly complete all restoration work
and to promptly repair any damage caused by such work at its sole
expense.
B. If it is determined that the District has failed to restore the right-of-
way in accordance with this Section, the City shall provide the District with
written notice, which shall include a description of actions the City believes
necessary to restore the right-of-way. If the right-of-way is not restored in
accordance with the City's notice within fifteen (15) days of that notice, or
such longer period as may be specified in the notice, the City, or its
authorized agent, may restore the right-of-way and District shall be
responsible for all reasonable costs and expenses incurred by the City in
restoring the right-of-way in accordance with this Section. The rights
granted to the City under this Section shall be in addition to those
otherwise provided by this Franchise.
SECTION 4. - Relocation of Facilities.
A. Subject to each Party’s prior and consistent compliance with the
Section 6 Planning Coordination requirements below, whenever the City
causes the grading or widening of the Franchise Area or undertakes
construction of storm drainage lines, lighting, signalization, sidewalk
improvement, pedestrian amenities, or other public street improvements
(for purposes other than those described in Section 4(D) below) and such
project requires the relocation of the District's then existing Facilities
within the Franchise Area, the City shall:
1. Pursuant to RCW 35.21.905, or as amended, consult with the
District in the predesign phase of any such project; and
2. After receipt of written notice from the City, the District shall
design and relocate such Facilities within the Franchise Area within ninety
(90) days for a smaller project and two hundred forty (240) days for a
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larger project to accommodate the City project, unless the Parties agree
on a different time; in any event, the City and the District will, in good
faith, use their best efforts to coordinate their project schedules to avoid
delay to the City’s project. A smaller project includes but is not limited to
adjusting at minimal time and cost, a water service line or a meter to a
new grade or location, adjustment of a valve box, relocation or extension
of a fire hydrant, or relocation of an air vac assembly or blow off.
Notwithstanding the above, the District may, at any time within thirty (30)
calendar days after receipt of written notice requesting the relocation of its
Facilities, submit to the City written alternatives to such relocations. The
City shall within a reasonable time evaluate such alternatives and advise
the District in writing whether one or more of the alternatives is suitable to
accommodate work that would otherwise necessitate relocation of the
Facilities. If so requested by the City, District shall submit such additional
information as is necessary to assist the City in making such evaluation.
The City shall give each alternative full and fair consideration. In the
event the City reasonably determines there is no other reasonable or
feasible alternative, the City shall provide the District with further written
notice to that effect. In that event, the City shall provide the District with
conceptual plans and specifications for the City project and the District
shall then relocate its Facilities by the date so established.
3. Coordinate and work with the District to minimize conflicts
between existing Facilities and the public improvements where possible,
and to avoid having the District relocate its Facilities whenever possible.
The City and the District agree that coordination under this Section 4 shall
include evaluating the costs of alternative plans that achieve the essential
function of the public improvement most efficiently for both the District
and the City, and to the greatest extent possible, avoid the relocation of
District Facilities.
B. If relocation of District Facilities cannot be avoided through the
coordination requirements in this Section 4 and a city project causes the
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relocation of District Facilities, the cost of relocating such Facilities existing
within the Franchise Area shall be paid as follows:
1. If the relocation occurs within fifteen (15) years after the
District or a third party on the District’s behalf initially constructed such
Facility, then the City shall pay fifty percent (50%) of the cost of such
relocation and the District shall pay the remaining fifty percent (50%);
2. If the relocation occurs more than fifteen (15) years after the
District or a third party on the District’s behalf initially constructed such
Facility, then the relocation shall be at the District's sole cost.
3. For the purposes of this Section 4, the date of the Facility’s
acceptance by the District Board of Commissioners shall determine the age
of the Facility.
C. Whenever any person or entity, other than the City, requires the
relocation of District Facilities to accommodate the work of such person or
entity within the Franchise Area, the City agrees not to require the District
to relocate its Facilities. District shall have the right as a pre-condition of
such relocation to require such person or entity to:
1. Make payment to District at a time and upon terms
acceptable to the District for any and all costs and expense incurred by the
District in the relocation of District Facilities; and
2. Protect, defend, indemnify and save the District harmless
from any and all claims and demands made against it on account of injury
or damage to the person or property of another arising out of or in
conjunction with the relocation of District Facilities, to the extent such
injury or damage is caused by the negligence or willful misconduct of the
person or entity requesting the relocation of District Facilities or other
negligence or willful misconduct of the agents, servants or employees of
the person or entity requesting the relocation of District Facilities.
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Highline Water District
D. This Section 4 shall govern all relocations of District's Facilities
required in accordance with this Franchise. Any cost or expense in
connection with the location or relocation of any Facilities existing under
benefit of easement or other right not in the Franchise Area shall be borne
by the City, provided the City obtains the District's prior consent to such
location or relocation.
E. For the purpose of this Section 4, a project or improvement is
considered to be caused by the City (as described in Section 4(A) above) if
it is permitted by the City and both of the following conditions exist:
1. The City is the lead agency for the project or improvement; and
2. Developer assessments, impact fees, contributions in aid of
construction, and contributions in lieu of construction make up a minority
of the overall costs of the improvement or project.
F. If a City project requires the relocation of then existing Facilities
within the Franchise Area as provided in this Section 4, the District and the
City may agree to include the relocation of any Facilities as part of the
City’s public works project under terms and conditions agreed between the
City and the District.
SECTION 5. - Right-of-Way Management.
A. Excavation. Whenever the District excavates in any right-of-way for
the purpose of installation, construction, operation, maintenance, repair or
relocation of its Facilities, it shall apply to the City for a permit to do so in
accordance with the ordinances and regulations of the City requiring
permits to operate in City right-of-way. No District work shall commence
within any City right-of-way without a permit, except as otherwise
provided in this Franchise and applicable City Ordinance.
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B. Restoration after Construction. The District shall, after any
installation, construction, relocation, operation, maintenance or repair of
Facilities within the Franchise Area, restore the right-of-way as nearly as
reasonably possible to its condition prior to any such work. The District
agrees to promptly complete all restoration work and to promptly repair
any damage to the right-of-way caused by such work at its sole cost and
expense. If it is determined the District has failed to restore the right-of-
way in accordance with this Franchise and other applicable City
regulations, the City shall provide the District with written notice including
a description of the actions the City believes necessary to restore the
right-of-way.
C. Bonding Requirement. The District, as a public agency, shall not be
required to comply with the City's standard bonding requirement for
working in the City's right-of-way.
D. Emergency Work, Permit Waiver. In the event of an emergency
where any District Facilities located in the right-of-way are broken or
damaged, or if the District's construction area for the District's Facilities is
in a condition as to place health or safety of any person or property in
imminent danger, the District shall immediately take any necessary
emergency measures to repair, replace or remove its Facilities without first
applying for and obtaining a permit as required by this Franchise; provided
the District shall notify the City as soon as reasonably possible relative to
such emergency activity and shall immediately obtain a permit for such
activity if required by this Franchise or City Ordinance.
E. City Work Zones. The District shall not be required to obtain a City
right-of-way permit to undertake utility work to accommodate a City-
initiated project when the City and the District are jointly undertaking a
project in the Franchise Area and the District work is located within the
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City "work zone" for which the City has already approved a traffic control,
pedestrian safety or other applicable plans.
F. Complete Right-of-Way Permit Applications. If the District is
required to obtain any permit from the City to undertake utility work in the
Right-of-Way in the Franchise Area, the City shall provide written review
comments within twenty-one (21) calendar days of receiving a complete
application for such permit. If the permit application requires resubmittal
by the District, the City shall complete all subsequent reviews within
fourteen (14) days of the receipt of such submittal. To be considered
complete for purposes of this section, the application must show existing
utilities, hard surfaces and proposed restoration.
G. City Invoices. The City shall invoice the District for all City fees and
charges relating to the issuance of any City permits to the District, such as
a City right-of-way permit or franchise street use permit, to undertake
utility work in the Franchise Area, including inspection fees and charges,
on a monthly basis, and the City’s final fees and charges within sixty (60)
calendar days of the completion of any District work in City right-of-way
subject to a City permit, and the City’s final acceptance of any such District
work. The District shall pay all such City fees and charges within thirty
(30) calendar days of receipt of the City’s invoice for such fees and
charges, except for any disputed fees and charges.
H. Regular Maintenance. The City will not require the District to obtain
a right-of-way permit, or any other City-issued permit, to conduct regular
maintenance of the District’s Facilities, including, but not limited to,
flushing mains, video inspecting mains, valve, blow-off or hydrant
adjustments, or repairing surface areas around existing Facilities, unless
such maintenance impacts a traffic lane or a high pedestrian area on SR
99; SR 516; Military Road; South 272nd Street; 30th Avenue South; or
South 259th Place/ South 260th Street.
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SECTION 6. - Planning Coordination.
A. The Parties agree to participate in the development of, and
reasonable updates to, the other Party's planning documents to the extent
they apply to the District’s service area within the City limits as follows:
1. Each Party will participate in a cooperative effort to develop
their respective Comprehensive Plan Utilities Elements that meet the
requirements described in RCW 36.70A.070 (4).
2. Each Party will participate in a cooperative effort with the
other Party to ensure that the Utilities Elements of their Comprehensive
Plans are accurate as they relate to their operations and are updated to
ensure continued relevance at reasonable intervals.
3. Each Party shall submit information related to the general
location, proposed location, and capacity of all existing and proposed
Facilities as requested by the other Party within a reasonable time, not
exceeding sixty (60) days from receipt of a written request for such
information, provided that such information is in the non-requesting
Party’s possession, or can be reasonably developed from the information in
the non-requesting Party’s possession.
4. Each Party will provide information relevant to their
operations within a reasonable period of written request to assist the other
Party in the development or update of their respective Comprehensive
Plan(s), provided that such information is in the non-requesting Party’s
possession, or can be reasonably developed from the information in the
non-requesting Party’s possession.
B. District and City shall each assign a representative whose
responsibility shall be to coordinate planning for capital improvement plan
projects including those that involve undergrounding. At a minimum, such
coordination shall include:
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1. For the purpose of planning, the District and the City shall
provide each other with a copy of their respective current adopted Capital
Improvement Plan annually and upon request by the other Party.
2. By February 1st of each year, District shall provide the City
with a schedule of the District's planned capital improvements which may
affect the rights-of-way for that year.
3. By February 1st of each year, City shall provide the District
with a schedule of City's planned capital improvements which may affect
the rights-of-way for that year including but not limited to street overlays
and repairs, storm drainage improvements and construction, and all other
rights-of-way activities that could affect District capital improvements and
infrastructure.
4. The District shall meet with the City, and other franchisees
and users of the right-of-way, as necessary, to schedule and coordinate
construction activities.
5. All construction locations, activities, and schedules should be
coordinated to minimize public inconvenience, disruption or damages.
6. The City and the District agree to cooperate in the planning
and implementation of emergency operations response procedures.
7. Without charge to either Party, both Parties agree to provide
each other with as-built plans, maps and records in electronic format as
available that show the location of its facilities within rights-of-way.
SECTION 7. - Indemnification.
A. District shall indemnify, defend and hold the City, its agents,
officers, employees, volunteers and assigns harmless from and against any
and all claims, demands, liability, loss, cost, damage or expense of any
nature whatsoever, including all costs and attorney's fees, made against
them on account of injury, sickness, death or damage to persons or
property which is caused by or arises out of, in whole or in part, the willful,
tortious or negligent acts, failures and/or omissions of District or its
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agents, servants, employees, contractors, subcontractors or assigns in
exercising the rights granted District in this Franchise; provided, however,
such indemnification shall not extend to injury or damage to the extent
caused by the negligence or willful misconduct of the City, its agents,
officers, employees, volunteers or assigns.
B. City shall indemnify, defend and hold the District, its agents,
officers, employees, volunteers and assigns harmless from and against any
and all claims, demands, liability, loss, cost, damage or expense of any
nature whatsoever, including all costs and attorney's fees, made against
them on account of injury, sickness, death or damage to persons or
property which is caused by or arises out of, in whole or in part, the willful,
tortious or negligent acts, failures and/or omissions of City or its agents,
servants, employees, contractors, subcontractors or assigns in exercising
the rights granted City in this Franchise; provided, however, such
indemnification shall not extend to injury or damage to the extent caused
by the negligence or willful misconduct of the District, its agents, officers,
employees, volunteers or assigns.
C. In the event any such claim or demand be presented to or filed with
the District or the City arising out of or relating to the acts or omissions in
whole or in part of the other Party, the Party shall promptly notify the
other Party thereof, and the notified Party shall have the right, at its
election and at its sole cost and expense, to settle and compromise such
claim or demand.
D. Should a court of competent jurisdiction determine that this
Franchise is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of City and District,
their officers, employees and agents, District's liability hereunder shall be
only to the extent of District's negligence. It is further specifically and
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expressly understood that the indemnification provided herein constitutes
the parties' waiver of immunity under Industrial Insurance, Title 51 RCW,
solely for the purposes of this indemnification.
SECTION 8. - Default. If the District fails to comply with any of the
provisions of this Franchise, unless otherwise provided for herein, the City
may serve upon the District a written order to so comply within thirty (30)
days from the date such order is received by the District. If the District is
not in compliance with this Franchise after expiration of said thirty (30)
day period, the City may act to remedy the violation and may charge the
costs and expenses of such action to District. The City may act without
the thirty (30) day notice in case of an emergency.
SECTION 9. - Non-exclusive Franchise. This Franchise is not and
shall not be deemed to be an exclusive Franchise. This Franchise shall not
in any manner prohibit the City from granting other and further franchises
over, upon, and along the Franchise Area, which do not interfere with
District's rights under this Franchise. This Franchise shall not prohibit or
prevent the City from using the Franchise Area or affect the jurisdiction of
the City over the same or any part thereof.
SECTION 10. - Franchise Term. This Franchise shall have a term of
fifteen (15) years from its Effective Date as defined in Section 29 herein;
provided, this Franchise shall be automatically extended for one additional
five (5) year period unless either Party at least one hundred eighty (180)
days prior to the termination date of the Franchise provides written notice
to the other Party of its intent to terminate the Franchise at the end of the
Franchise term; provided, at the end of the five (5) year term, this
Franchise shall be automatically extended for successive one (1) year
periods unless either Party at least one hundred twenty (120) prior to the
termination date of any one (1) year extension provides written notice to
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the other Party of its intent to terminate the Franchise at the end of the
then current Franchise term.
SECTION 11. - Non-assumption. In consideration of the District's
payment of the Franchise Fee to the City as provided in Section 12 herein,
and the District's acceptance of the other terms and conditions of this
Franchise, the City agrees not to exercise and to forbear its statutory
authority pursuant to chapter 35.13A RCW or other statutes to attempt to
assume jurisdiction over all or part of the District or any District
responsibilities, property, facilities, equipment or utility customers located
within or without the City's corporate limits during the term of this
Franchise. The City's agreement and forbearance includes not facilitating
or cooperating with any other city or town to attempt pursuant to RCW
35.13A.060 or as such statute may be amended or superseded to assume
jurisdiction over the District or any District responsibilities, property,
facilities, equipment or utility customers located within or without the
City's corporate limits during the term of this Franchise.
SECTION 12. - Franchise Fee.
A. In consideration of the rights granted the District under this
Franchise, the District shall pay to the City a franchise fee (“Franchise
Fee”) in the amount of six percent (6.0%) of the District's Revenue
beginning the first day of the first calendar quarter occurring at least sixty
(60) days after the Effective Date of this Franchise, subject to the
provisions of Section 12(B) herein.
B. Franchise Fees shall be paid to the City in bi-monthly installments
due and payable within thirty (30) days following the end of the bi-monthly
period.
C. Should the District be prevented by judicial or legislative action from
paying any or all of the Franchise Fees, the District shall be excused from
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paying that portion of the Franchise Fee and this Franchise agreement will
immediately terminate, unless the Parties otherwise agree.
D. In consideration of the District's payment of a Franchise Fee to the
City as provided in Section 12 herein, and the District's acceptance of the
other terms and conditions of this Franchise, the City agrees not to
exercise and to forbear any legal authority it may have to impose a utility,
business and occupation tax, public utility tax, privilege tax, excise tax or
any other tax (collectively, "Excise Tax") upon the District based on the
District's revenues, gross receipts, or gross income during the term of this
Franchise. However, if a court of competent jurisdiction determines the
City may not agree to forbear its statutory authority to impose an Excise
Tax upon the District based on the District's revenues, gross receipts, or
gross income during the term of this Franchise, or to limit any such Excise
Tax on the District’s revenues, gross receipts, or gross income, the District
shall have the right and option, at its sole election, to (1) terminate this
Franchise and the payment of Franchise Fees to the City, and if the City
determines to impose an Excise Tax on the District, the District shall have
the right to bring an action to challenge the legal validity of any such
Excise Tax, or (2) if the Parties mutually agree, elect not to terminate this
Franchise and the District may agree to pay any such Excise Tax, provided
the District’s Franchise Fees herein to the City shall be credited against any
such Excise Tax the City may impose.
E. In consideration of the District’s payment of a Franchise Fee to the
City as provided herein, and the District’s acceptance of the other terms
and conditions of this Franchise, the City agrees not to exercise and to
forbear any legal authority it may have to impose compensation or a rental
fee (collectively, “Rental Fee”) upon the District for the District’s use of the
Franchise Area as provided for herein.
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F. The District shall have the right to recover the Franchise Fee from
the District's ratepayers residing within the City and may identify the
Franchise Fee as a separate billing item on utility customer billings by
using the following line item:
“Effect of City of Kent Franchise Fee: $X.xx”
SECTION 13. - Compliance with Codes and Regulations;
Annexations; Service Area Boundary.
A. The rights, privileges and authority herein granted are subject to
and governed by this ordinance and all other applicable City ordinances
and codes, as they now exist or may hereafter be amended, provided the
City shall not unreasonably affect or modify any portion of this Franchise
without District's written approval. Nothing in this ordinance limits the
City's lawful power to exercise its police power to protect the safety and
welfare of the general public. Any location, relocation, erection or
excavation by District shall be performed by District in accordance with
applicable federal, state and City rules and regulations, including the City
public works policies and pre-approved plans, and any required permits,
licenses or regulatory fees, and applicable safety standards then in effect.
B. If any territory served by District is annexed to the City after the
Effective Date of this Franchise, this Franchise shall be deemed to be the
new agreement required to be granted to a franchisee in annexed territory
by RCW 35A.14.900 for whatever period of time is then remaining under
this Franchise for the Franchise Area, unless a longer time period is
required by that statute. Such territory shall then be governed by the
terms and conditions contained herein upon the effective date of such
annexation. The first Franchise Fee for any annexed area shall be
calculated pro rata from the effective date of the annexation to the end of
the next bi-monthly period and paid to the City at the same time as the
fee for the Franchise Area is paid for that quarter.
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C. The District's and the City's exclusive retail water service area
boundaries have been established and approved pursuant to chapter
70.116 RCW, the Public Water System Coordination Act of 1977. In
accordance with the South King County Coordinated Water System Plan
prepared pursuant to the Act, the District and the City have been
designated the exclusive water service purveyors within their respective
authorized water service areas. The District's and the City's retail water
service area boundaries have also been established and approved
pursuant to water system plans approved by the Washington State
Department of Health, King County and other public agencies with
jurisdiction. The water system plans designate the District and the City as
the exclusive water service purveyors within their respective authorized
water service areas. The District and the City have reviewed certain
service areas where their water service areas are adjacent to determine
which Party is the most logical provider of water service to the property
located within such areas based on the sizing and proximity of the Parties'
respective water systems to such property. Based on such review, the
Parties have determined to adjust and confirm the exclusive retail water
service area boundary between the Parties. Therefore, the Parties agree
that their respective exclusive retail water service area boundaries shall be
modified, adjusted and confirmed as described and depicted on Exhibit A
attached hereto and incorporated herein by this reference (“City of Kent-
Highline Water District Retail Water Service Area Boundary” or “Retail
Water Service Area Boundary”). The Parties agree to cooperatively
participate in obtaining any required approvals by public agencies with
jurisdiction to reflect and confirm the exclusive retail water service area
boundary as depicted on Exhibit A. The respective exclusive retail water
service area boundaries as provided herein shall survive any termination
or expiration of this Franchise. Any modification of the exclusive retail
water service area boundary provided herein shall be by written
agreement between the Parties. This provision and the agreed exclusive
19 Franchise -
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retail water service area boundary between the Parties shall supersede,
rescind, and cancel all prior agreements between the Parties relative to
the Parties’ respective retail water service area boundaries.
SECTION 14. - Location of Facilities and Equipment. With the
exception of components that are traditionally installed above ground such
as fire hydrants, blow offs, vault lids, risers, pump stations, generators,
electrical control panels, power meters, telephone connections, automated
reading equipment and appurtenances, and utility markers, all Facilities
and equipment to be installed within the Franchise Area shall be installed
underground; provided, however, that such Facilities may be installed
above ground if so authorized by the City, which authorization shall not be
unreasonably withheld, conditioned or delayed, consistent with the
provisions of the City's land use and zoning code and applicable
development pre-approved plans.
SECTION 15. - Record of Installations and Service. With respect to
excavations by District and the City within the Franchise Area, District and
the City shall each comply with its respective obligations pursuant to
chapter 19.122 RCW, and as such statute may be modified and amended,
and any other applicable state law.
Upon written request of the City, District shall provide the City with the
most recent update available of any plan of potential improvements to its
Facilities within the Franchise Area; provided, however, any such plan so
submitted shall only be for informational purposes within the Franchise
Area, nor shall such plan be construed as a proposal to undertake any
specific improvements within the Franchise Area.
Upon written request of District, the City shall provide District with the
most recent update available of any plan of potential improvements to its
improvements located within the Franchise Area; provided, however, any
such plan so submitted shall only be for informational purposes within the
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Highline Water District
Franchise Area, nor shall such plan be construed as a proposal to
undertake any specific improvements within the Franchise Area.
Available as-built drawings of the location of any Facilities located within
the Franchise Area shall be made available to the requesting Party within a
reasonable time, which should typically not exceed fourteen (14) calendar
days of request.
SECTION 16. - Shared Use of Excavations.
A. District and the City shall exercise best efforts to coordinate
construction work that either Party may undertake within the Franchise
Area so as to promote the orderly and expeditious performance and
completion of such work as a whole. Such efforts shall include, at a
minimum, reasonable and diligent efforts to keep the other Party and other
utilities within the Franchise Areas informed of its intent to undertake such
construction work. District and the City shall further exercise best efforts
to minimize any delay or hindrance to any construction work undertaken
by themselves or other utilities within the Franchise Area.
B. If at any time, or from time to time, either District, the City, or
another franchisee, shall cause excavations to be made within the
Franchise Area, the Party causing such excavation to be made shall afford
the others, upon receipt of a written request to do so, an opportunity to
use such excavation, provided that:
1. No statutes, laws, regulations, ordinances or District policies
prohibit or restrict the proximity of other utilities or facilities to District's
Facilities installed or to be installed within the area to be excavated;
2. Such joint use shall not unreasonably delay the work of the
Party causing the excavation to be made;
3. Such joint use shall be arranged and accomplished on terms
and conditions satisfactory to both Parties. The Parties shall each
21 Franchise -
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cooperate with other utilities in the Franchise Area to minimize hindrance
or delay in construction.
SECTION 17. - Insurance. District shall maintain in full force and
effect throughout the term of this Franchise, a minimum of Two Million
Dollars ($2,000,000.00) liability insurance for property damage and bodily
injury. In satisfying the insurance requirement set forth in this Section,
District may self-insure against such risks in such amounts as are
consistent with good utility practice. Upon request, the District shall
provide the City with sufficient written evidence, as determined by the City
in its reasonable discretion, that such insurance (or self-insurance) is being
so maintained by District. Such written evidence shall include, to the
extent available from District's insurance carrier, a written certificate of
insurance with respect to any insurance maintained by District in
compliance with this Section.
SECTION 18. - Abandonment and/or Removal of District Facilities.
The Parties agree that the standard practice will be to abandon
underground District Facilities in-place whenever practical, subject to the
following conditions:
1. The District shall continue to own and be responsible for any
such facilities abandoned within the Franchise Area.
2. The City shall have the right to require the District to remove
any Facilities abandoned within the Franchise Area if the City reasonably
determines the removal of the abandoned Facility is required to facilitate
the construction or installation of a City project within the Franchise Area
and the City determines there is no other reasonable or feasible alternative
to the removal of the Facility. The City will make reasonable efforts to
avoid conflicts with abandoned Facilities whenever possible, however,
whenever a conflict cannot be resolved except by removal from the right-
of-way of previously abandoned District Facilities, then the District shall, at
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the District's expense, remove such abandoned Facilities by their own
forces or by participating in the City’s public works project. When
necessary, removal of abandoned Facilities shall be limited to the area of
direct conflict. In removing such material, the District shall conform to all
local, state, and federal regulations applicable to asbestos abatement,
when applicable.
3. Within forty-five (45) calendar days of the District’s
permanent cessation of use of any of its Facilities as determined by the
District, or any portion thereof, the District will, in good faith, use its best
efforts to provide as-built drawings locating the abandoned Facilities or if
unable to provide as-built drawings, will provide the most complete and
accurate drawings the District can make available to provide adequate
notice of the location of all abandoned Facilities.
4. District Facilities that are abandoned in-place shall be
abandoned pursuant to City Standards, to the satisfaction of the Public
Works Director.
5. The Parties expressly agree that this section shall survive the
expiration, revocation or termination of this Franchise, unless modified by
separate agreement.
SECTION 19. - Vacation of Franchise Area. If the City determines
to vacate any right-of-way which is part of the Franchise Area where
District Facilities are located or maintained, any ordinance vacating such
right-of-way shall provide and condition such vacation on the District
obtaining, at no cost to the District, a permanent easement at least fifteen
(15) feet wide in such vacated right-of-way for the construction, operation,
maintenance, repair and replacement of its Facilities located and to be
located in such vacated right-of-way.
SECTION 20. - Assignment. All of the provisions, conditions, and
requirements herein contained shall be binding upon the District, and no
right, privilege, license or authorization granted to the District hereunder
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may be assigned or otherwise transferred without the prior written
authorization and approval of the City, which the City may not
unreasonably withhold, condition or delay, provided that a merger or
consolidation of District with or into another Title 57 water-sewer district
shall not be considered an assignment for the purposes of this provision
and shall not be subject to the City's approval.
SECTION 21. - Notice. Unless applicable law requires a different
method of giving notice, any and all notices, demands or other
communications required or desired to be given hereunder by any Party
(collectively, "notices") shall be in writing and shall be validly given or
made to another Party if delivered either personally or by Federal Express
or other overnight delivery service of recognized standing, or if deposited
in the United States Mail, certified, registered, or express mail with
postage prepaid, or if sent by e-mail with electronic confirmation. If such
notice is personally delivered, it shall be conclusively deemed given at the
time of such delivery. If such notice is delivered by Federal Express or
other overnight delivery service of recognized standing, it shall be deemed
given one (1) business day after the deposit thereof with such delivery
service. If such notice is mailed as provided herein, such shall be deemed
given three (3) business days after the deposit thereof in the United States
Mail. If such notice is sent by email, it shall be deemed given at the time
of the sender's receipt of electronic confirmation. Each such notice shall
be deemed given only if properly addressed to the Party to whom such
notice is to be given as follows:
To City:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Phone: (253) 856-5725
Fax: (253) 856-6725
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To District:
General Manager
Highline Water District
23828 – 30th Ave. S.
Kent, WA 98032
Phone: (206) 824-0375
Fax: (206) 824-0806
Any Party may change its address for the purpose of receiving notices as
herein provided by a written notice given in the manner required by this
Section to the other Party.
SECTION 22. - Non-Waiver. The failure of either Party to enforce
any breach or violation by the other Party or any provision of this
Franchise shall not be deemed to be a waiver or a continuing waiver by the
non-breaching Party of any subsequent breach or violation of the same or
any other provision of this Franchise.
SECTION 23. - Alternate Dispute Resolution. If the Parties are
unable to resolve disputes arising from the terms of this Franchise, prior to
resorting to a court of competent jurisdiction, the Parties shall submit the
dispute to mediation or other non-binding alternate dispute resolution
process agreed to by the Parties. Unless otherwise agreed upon between
the Parties or determined herein, the cost of that process shall be shared
equally by the Parties.
SECTION 24. - Governing Law/Venue. This Franchise shall be
governed by the laws of the State of Washington. Any suit to enforce or
relating to this Agreement shall only be filed in King County Superior
Court, King County, Washington.
SECTION 25. - Entire Agreement. The Recitals set forth above are
hereby incorporated herein in full by this reference. This Franchise
constitutes the entire understanding and agreement between the Parties
as to the subject matter herein and no other agreements or
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understandings, written or otherwise, shall be binding upon the Parties
upon execution and acceptance hereof. This Franchise shall supersede,
rescind and cancel any prior franchise or agreement granted by the City to
the District to locate and operate a public water system within the
Franchise Area.
SECTION 26. - Amendment. This Franchise may be amended only
by written instrument, signed by both Parties, which specifically states that
it is an amendment to this Franchise, and is approved and executed in
accordance with the laws of the State of Washington. Without limiting the
generality of the foregoing, this Franchise (including, without limitation,
Section 7 “Indemnification” above) shall govern and supersede and shall
not be changed, modified, deleted, added to, supplemented or otherwise
amended by any permit, approval, license, agreement or other document
required by or obtained from the City in conjunction with the exercise (or
failure to exercise) by District of any and all rights, benefits, privileges,
obligations, or duties in and under this Franchise, unless such permit,
approval, license, agreement or document specifically:
1. References this Franchise; and
2. States that it supersedes this Franchise to the extent it
contains terms and conditions which change, modify, delete, add to,
supplement or otherwise amend the terms and conditions of this
Franchise.
In the event of any conflict or inconsistency between the provisions of this
Franchise and the provisions of any such permit, approval, license,
agreement or other document that does not comply with Subsections (1)
and (2) referenced immediately above, the provisions of this Franchise
shall control.
SECTION 27. - Directions to City Clerk. The City Clerk is hereby
authorized and directed to forward certified copies of this ordinance to the
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Highline Water District
District as set forth in this ordinance. The District shall have thirty (30)
days from the date of receipt of the certified copy of this ordinance to
accept in writing the terms of the Franchise granted to the District by this
ordinance and file with the City Clerk the executed statement of
Acceptance of Franchise, attached hereto as Exhibit B and incorporated
herein by this reference.
SECTION 28. - District Acceptance of Franchise. District shall have
no rights under this Franchise nor shall District be bound by the terms and
conditions of this Franchise unless District shall, within thirty (30) days
after the receipt of the certified copy of this ordinance as addressed in
Section 27 herein, file with the City its written acceptance of this
Franchise.
SECTION 29. - Effective Date of Franchise. The terms and
conditions of this ordinance shall not be binding on the City and the District
unless the District Board of Commissioners within thirty (30) days of the
receipt of the certified copy of this ordinance as addressed in Section 27
herein adopts a resolution accepting this Franchise, and the date of the
adoption of such resolution by the District Board of Commissioners shall be
the effective date ("Effective Date") of the Franchise.
SECTION 30. – Severability. If any one or more section,
subsection, or sentence of this franchise is held to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portion
of this franchise and the same shall remain in full force and effect.
SECTION 31. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
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SECTION 32. - Effective Date of Ordinance. This ordinance shall
take effect and be in force five (5) days after its publication, as provided
by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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Kent/Highline Water District Boundary
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Data provided by Highline Water Districtand City of Kent GISMay 2018
Exhibit A
City of Kent - Highline Water District Retail Water Service Area Boundary Map
Kent retail water service areaHighline retail water service area
May 2018
29 Franchise -
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EXHIBIT B
ACCEPTANCE OF FRANCHISE
The undersigned authorized representative of Highline Water District
(District) hereby declares on the District’s behalf the District’s acceptance
of the nonexclusive franchise to Highline Water District approved by the
City of Kent City Council on ____________, ___________, 2018, by the
adoption of City of Kent Ordinance No. ______.
DATED this ______ day of ________________, 2018.
Highline Water District
By: ______________________________
Its: ______________________________
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Agenda Item: Consent Calendar – 8L
TO: City Council
DATE: December 11, 2018
SUBJECT: Ordinance Granting Sewer Franchise to Midway Sewer District – Adopt
SUMMARY: For the past year, the City and Midway Sewer District (Midway) have been
negotiating this franchise agreement which governs the operations, installation,
construction and maintenance of Midway’s facilities within the City’s rights-of-way and
charges Midway a franchise fee. The Midway franchise was negotiated simultaneously
with the Highline Water District franchise, which means that the franchises are
substantively the same, with adjustments to account for the differences in the type of
facilities involved.
The Midway franchise runs for a period of fifteen years, with an automatic extension of
an additional five years, unless a party provides the specified notice to terminate.
Following the five-year extension, the franchise renews automatically for one-year
periods until terminated. It imposes a franchise fee of six percent on Midway’s
“revenue,” which is a specifically defined term within the franchise. In consideration of
the franchise fee, the City agrees not to assume the water district and also to forgo any
legal authority it has to impose a utility or other excise tax upon Midway.
The franchise also addresses other issues regarding Midway’s facilities within the rights-
of-way. Specifically, the franchise contains detailed terms on the relocation of Midway’s
facilities to accommodate a City project or other project including coordination,
consideration of alternatives that avoid relocation, and how to split the costs of
relocating the facilities. These terms are particularly important because Midway’s
facilities are located in an area in which the City expects significant redevelopment to
take place over the term of the franchise.
EXHIBITS: Ordinance
RECOMMENDED BY: Operations Committee
YEA: Boyce, Higgins, Troutner NAY:
BUDGET IMPACT: It is estimated that this will bring in $45,000 in revenue each
year.
STRATEGIC PLAN GOAL(S):
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community
partnerships.
MOTION: Adopt Ordinance No. , granting Midway Sewer District a
non-exclusive 15-year franchise to construct, maintain, operate, replace and
repair a sewer system within public rights-of-way of the City of Kent.
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1 Franchise -
Midway Sewer District
648928.2 - 356659 -0002
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, granting Midway Sewer
District a non-exclusive 15-year franchise to
construct, maintain, operate, replace and repair a
sewer system within public rights-of-way of the
City of Kent, imposing a franchise fee in the
amount of six percent on the District’s revenues
and setting forth other provisions concerning the
relocation of District facilities to accommodate
projects caused by the City and other projects not
caused by the City.
RECITALS
A. Midway Sewer District, a Washington special purpose
municipal corporation (“District"), owns and operates sewer facilities
(“Facilities”) and provides retail utility sewer service to customers located
within the District’s corporate and approved sewer utility service area
boundary; a portion of the District’s Facilities are located in the City of
Kent, a Washington non-charter municipal code city ("City"), within the
City’s right-of-way as hereinafter defined; and
B. The City also owns and operates a sewer utility system and
provides sewer utility services to customers located with the City’s
corporate and approved sewer utility service area boundary.
C. Portions of the District’s and the City’s corporate and sewer
utility service area boundaries are adjacent.
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648928.2 - 356659 -0002
D. RCW 57.08.005 (5) authorizes the District to conduct sewage
throughout the District and any city and town therein, and construct and
lay facilities along and upon public highways, roads and streets within and
without the District; and
E. RCW 35A.47.040 authorizes the City to grant non-exclusive
franchises for the use of the public streets above or below the surface of
the ground by publicly owned and operated sewer facilities; and
F. The City and the District have prepared a Franchise
Agreement (“Franchise” or “Agreement”) to provide for the operation of
District Facilities within the City right-of-way, to impose a franchise fee of
six percent on District revenues and to govern the relocation of District
facilities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Definitions. Where used in this Franchise these
terms have the following meanings:
A. "City" means the City of Kent, a Washington municipal corporation,
and its respective successors and assigns.
B. "District" means Midway Sewer District, a Washington municipal
corporation, and its respective successors and assigns.
C. “Facility” or "Facilities" means manholes, pipes, mains, laterals,
forcemains, valves, vaults, risers, generators, electrical control panels,
power meters, telephone connections, lift stations, lines and all other
necessary or convenient facilities and appurtenances thereto for the
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648928.2 - 356659 -0002
purpose of operating a wastewater utility system, whether the same be
located at the surface or underground.
D. "Franchise Area" means every and all of the public roads, streets,
avenues, alleys, highways and rights-of-way of the City as now or
hereafter laid out, platted, dedicated or improved in District's service area
within the present corporate boundaries of the City, and as such corporate
boundaries may be extended within District's service area by annexation or
otherwise.
E. "Ordinance" means this Ordinance No. ________, which sets forth
the terms and conditions of this Franchise.
F. "Party" or "Parties" means the City or the District individually, or
collectively as addressed in this Franchise.
G. "Revenue" means income received by the District from the provision
of sewer service to direct retail customers whose connections to the
District's sewer system are located within the City. Revenue shall not
include: late fees; shut-off and reconnect fees; delinquent service charge
collection costs and expenses; surcharges; impact or mitigation fees;
permit fees and costs; any type of connection charges, general facilities
charges, or local facilities charges; local improvement district and utility
local improvement district assessments and payments; grants; contributed
assets (contributions in aid of construction); loans; income from legal
settlements not related to the provision of sewer service to District
customers; income from telecommunication leases or licenses; income
from real property or from real property sales; income from the sale of
surplus equipment, tools or vehicles; interest income; penalties; hydraulic
modeling fees; sewer availability document fees and charges; sewer
system extension agreement fees and charges; income from street lights;
labor, equipment and materials charges, and the Franchise Fee.
4 Franchise -
Midway Sewer District
648928.2 - 356659 -0002
SECTION 2. - Franchise.
A. The City does hereby grant to District the right, privilege, authority
and franchise to construct, install, lay, support, attach, maintain, repair,
renew, replace, remove, enlarge, operate and use Facilities in, upon, over,
under, along, through and across open city right-of-ways within the
Franchise Area for purposes of its sewer utility functions as defined in Title
57 RCW beginning on the Effective Date of this Franchise; provided the
City's grant of the right to use the Franchise Area to the District as
provided herein for its Facilities shall not be construed to require the
District to provide such Facilities to the City.
B. Nothing contained in this Ordinance is to be construed as granting
permission to District to go upon any other public place other than those
types of public places specifically designated as the Franchise Area in this
Ordinance. Permission to go upon any other property owned or controlled
by the City must be sought on a case-by-case basis from the City.
C. At all times during the term of this Franchise, District shall fully
comply with all applicable federal, state, and local laws and regulations.
SECTION 3. - Non-interference of Facilities.
A. Survey monuments shall not be removed or destroyed without the
District first obtaining the required Department of Natural Resources (DNR)
permit in accordance with RCW 58.09.130 and WAC 332-120-030, and as
such statute and regulation may be modified and amended. All survey
monuments which have been distributed or displaced by such work shall
be restored pursuant to all federal, state and local standards and
specifications. District agrees to promptly complete all restoration work
5 Franchise -
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648928.2 - 356659 -0002
and to promptly repair any damage caused by such work at its sole
expense.
B. If it is determined that the District has failed to restore the right-of-
way in accordance with this Section, the City shall provide the District with
written notice, which shall include a description of actions the City
reasonably believes necessary to restore the right-of-way. If the right-of-
way is not restored in accordance with the City's notice within fifteen (15)
days of that notice, or such longer period as may be specified in the notice,
the City, or its authorized agent, may restore the right-of-way and District
shall be responsible for all reasonable costs and expenses incurred by the
City in restoring the right-of-way in accordance with this Section. The
rights granted to the City under this Section shall be in addition to those
otherwise provided by this Franchise.
SECTION 4. - Relocation of Facilities.
A. Subject to each Party’s prior and consistent compliance with the
Section 6 Planning Coordination requirements below, whenever the City
causes the grading or widening of the Franchise Area or undertakes
construction of storm drainage lines, lighting, signalization, sidewalk
improvement, pedestrian amenities, or other public street improvements
(for purposes other than those described in Section 4(D) below) and such
project requires the relocation of the District's then existing Facilities
within the Franchise Area, the City shall:
1. Pursuant to RCW 35.21.905, or as amended, consult with the
District in the predesign phase of any such project; and
2. After receipt of written notice from the City, the District shall
design and relocate such Facilities within the Franchise Area within ninety
(90) days for a smaller project and two hundred forty (240) days for a
larger project to accommodate the City project, unless the Parties agree
6 Franchise -
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648928.2 - 356659 -0002
on a different time; in any event, the City and the District will, in good
faith, use their best efforts to coordinate their project schedules to avoid
delay to the City’s project. A smaller project includes but is not limited to
adjusting at minimal time and cost, a sewer service line or a manhole
frame and cover to a new grade or location, adjustment of a valve box, or
relocation of an air vac assembly. Notwithstanding the above, the District
may, at any time within thirty (30) calendar days after receipt of written
notice requesting the relocation of its Facilities, submit to the City written
alternatives to such relocations. The City shall within a reasonable time
evaluate such alternatives and advise the District in writing whether one or
more of the alternatives is suitable to accommodate work that would
otherwise necessitate relocation of the Facilities. If so requested by the
City, District shall submit such additional information as is necessary to
assist the City in making such evaluation. The City shall give each
alternative full and fair consideration. In the event the City reasonably
determines there is no other reasonable or feasible alternative, the City
shall provide the District with further written notice to that effect. In that
event, the City shall provide the District with conceptual plans and
specifications for the City project and the District shall then relocate its
Facilities by the date so established.
3. Coordinate and work with the District to minimize conflicts
between existing Facilities and the public improvements where possible,
and to avoid having the District relocate its Facilities whenever possible.
The City and the District agree that coordination under this Section 4 shall
include evaluating the costs of alternative plans that achieve the essential
function of the public improvement most efficiently for both the District
and the City, and to the greatest extent possible, avoid the relocation of
District Facilities.
B. If relocation of District Facilities cannot be avoided through the
coordination requirements in this Section 4 and a city project causes the
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relocation of District Facilities, the cost of relocating such Facilities existing
within the Franchise Area shall be paid as follows:
1. If the relocation occurs within fifteen (15) years after the
District or a third party on the District’s behalf initially constructed such
Facility, then the City shall pay fifty percent (50%) of the cost of such
relocation and the District shall pay the remaining fifty percent (50%);
2. If the relocation occurs more than fifteen (15) years after the
District or a third party on the District’s behalf initially constructed such
Facility, then the relocation shall be at the District's sole cost.
3. For the purposes of this Section 4, the date of the Facility’s
acceptance by the District Board of Commissioners shall determine the age
of the Facility.
C. Whenever any person or entity, other than the City, requires the
relocation of District Facilities to accommodate the work of such person or
entity within the Franchise Area, the City agrees not to require the District
to relocate its Facilities. District shall have the right as a pre-condition of
such relocation to require such person or entity to:
1. Make payment to District at a time and upon terms
acceptable to the District for any and all costs and expense incurred by the
District in the relocation of District Facilities; and
2. Protect, defend, indemnify and save the District harmless
from any and all claims and demands made against it on account of injury
or damage to the person or property of another arising out of or in
conjunction with the relocation of District Facilities, to the extent such
injury or damage is caused by the negligence or willful misconduct of the
person or entity requesting the relocation of District Facilities or other
negligence or willful misconduct of the agents, servants or employees of
the person or entity requesting the relocation of District Facilities.
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D. This Section 4 shall govern all relocations of District's Facilities
required in accordance with this Franchise. Any cost or expense in
connection with the location or relocation of any Facilities existing under
benefit of easement or other right not in the Franchise Area shall be borne
by the City, provided the City obtains the District's prior consent to such
location or relocation.
E. For the purpose of this Section 4, a project or improvement is
considered to be caused by the City (as described in Section 4(A) above) if
it is permitted by the City and both of the following conditions exist:
1. The City is the lead agency for the project or improvement; and
2. Developer assessments, impact fees, contributions in aid of
construction, and contributions in lieu of construction make up a minority
of the overall costs of the improvement or project.
F. If a City project requires the relocation of then existing Facilities
within the Franchise Area as provided in this Section 4, the District and the
City may agree to include the relocation of any Facilities as part of the
City’s public works project under terms and conditions agreed between the
City and the District.
SECTION 5. - Right-of-Way Management.
A. Excavation. Except as provided in Section 5(H) herein, whenever
the District excavates in any right-of-way for the purpose of installation,
construction, operation, maintenance, repair or relocation of its Facilities, it
shall apply to the City for a permit to do so in accordance with the
ordinances and regulations of the City requiring permits to operate in City
right-of-way. No District work shall commence within any City right-of-
way without a permit, except as otherwise provided in this Franchise and
applicable City Ordinance.
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B. Restoration after Construction. The District shall, after any
installation, construction, relocation, operation, maintenance or repair of
Facilities within the Franchise Area, restore the right-of-way as nearly as
reasonably possible to its condition prior to any such work. The District
agrees to promptly complete all restoration work and to promptly repair
any damage to the right-of-way caused by such work at its sole cost and
expense. If it is determined the District has failed to restore the right-of-
way in accordance with this Franchise and other applicable City
regulations, the City shall provide the District with written notice including
a description of the actions the City reasonably believes necessary to
restore the right-of-way.
C. Bonding Requirement. The District, as a public agency, shall not be
required to comply with the City's standard bonding requirement for
working in the City's right-of-way.
D. Emergency Work, Permit Waiver. In the event of an emergency
where any District Facilities located in the right-of-way are broken,
damaged or plugged, or if the District's construction area for the District's
Facilities is in a condition as to place health or safety of any person or
property in imminent danger, the District shall immediately take any
necessary emergency measures to repair, replace or remove its Facilities
without first applying for and obtaining a permit as required by this
Franchise; provided the District shall notify the City as soon as reasonably
possible relative to such emergency activity and shall immediately obtain a
permit for such activity if required by this Franchise or City Ordinance.
E. City Work Zones. The District shall not be required to obtain a City
right-of-way permit to undertake utility work to accommodate a City-
initiated project when the City and the District are jointly undertaking a
project in the Franchise Area and the District work is located within the
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City "work zone" for which the City has already approved a traffic control,
pedestrian safety or other applicable plans.
F. Complete Right-of-Way Permit Applications. If the District is
required to obtain any permit from the City to undertake utility work in the
Right-of-Way in the Franchise Area, the City shall provide written review
comments within twenty-one (21) calendar days of receiving a complete
application for such permit. If the permit application requires resubmittal
by the District, the City shall complete all subsequent reviews within
fourteen (14) days of the receipt of such submittal. To be considered
complete for purposes of this section, the application must show existing
utilities, hard surfaces and proposed restoration.
G. City Invoices. The City shall invoice the District for all City fees and
charges relating to the issuance of any City permits to the District, such as
a City right-of-way permit or franchise street use permit, to undertake
utility work in the Franchise Area, including inspection fees and charges,
on a monthly basis, and the City’s final fees and charges within sixty (60)
calendar days of the completion of any District work in City right-of-way
subject to a City permit, and the City’s final acceptance of any such District
work. The District shall pay all such City fees and charges within thirty
(30) calendar days of receipt of the City’s invoice for such fees and
charges, except for any disputed fees and charges.
H. Regular Maintenance. The City will not require the District to obtain
a right-of-way permit, or any other City-issued permit, to conduct regular
maintenance of the District’s Facilities, including, but not limited to,
flushing mains, video inspecting mains, or manhole adjustments, or
repairing surface areas around existing facilities, unless such maintenance
impacts a traffic lane or a high pedestrian area on SR 99; SR 516; Military
Road; South 272nd Street; 30th Avenue South; or South 259th Place/
South 260th Street.
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SECTION 6. - Planning Coordination.
A. The Parties agree to participate in the development of, and
reasonable updates to, the other Party's planning documents to the extent
they apply to the District’s service area within the City limits as follows:
1. Each Party will participate in a cooperative effort to develop
their respective Comprehensive Plan Utilities Elements that meet the
requirements described in RCW 36.70A.070 (4).
2. Each Party will participate in a cooperative effort with the
other Party to ensure that the Utilities Elements of their Comprehensive
Plans are accurate as they relate to their operations and are updated to
ensure continued relevance at reasonable intervals.
3. Each Party shall submit information related to the general
location, proposed location, and capacity of all existing and proposed
Facilities as requested by the other Party within a reasonable time, not
exceeding sixty (60) days from receipt of a written request for such
information, provided that such information is in the non-requesting
Party’s possession, or can be reasonably developed from the information in
the non-requesting Party’s possession.
4. Each Party will provide information relevant to their
operations within a reasonable period of written request to assist the other
Party in the development or update of their respective Comprehensive
Plan(s), provided that such information is in the non-requesting Party’s
possession, or can be reasonably developed from the information in the
non-requesting Party’s possession.
B. District and City shall each assign a representative whose
responsibility shall be to coordinate planning for capital improvement plan
projects. At a minimum, such coordination shall include:
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1. For the purpose of planning, the District and the City shall
provide each other with a copy of their respective current adopted Capital
Improvement Plan annually and upon request by the other Party.
2. By February 1st of each year, District shall provide the City
with a schedule of the District's planned capital improvements which may
affect the rights-of-way for that year.
3. By February 1st of each year, City shall provide the District
with a schedule of City's planned capital improvements which may affect
the rights-of-way for that year including but not limited to street overlays
and repairs, storm drainage improvements and construction, and all other
rights-of-way activities that could affect District capital improvements and
infrastructure.
4. The District shall meet with the City, and other franchisees
and users of the right-of-way, as necessary, to schedule and coordinate
construction activities.
5. All construction locations, activities, and schedules should be
coordinated to minimize public inconvenience, disruption or damages.
6. The City and the District agree to cooperate in the planning
and implementation of emergency operations response procedures.
7. Without charge to either Party, both Parties agree to provide
each other with as-built plans, maps and records in electronic format as
available that show the location of its facilities within rights-of-way.
SECTION 7. - Indemnification.
A. District shall indemnify, defend and hold the City, its agents,
officers, employees, volunteers and assigns harmless from and against any
and all claims, demands, liability, loss, cost, damage or expense of any
nature whatsoever, including all costs and attorney's fees, made against
them on account of injury, sickness, death or damage to persons or
property which is caused by or arises out of, in whole or in part, the willful,
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tortious or negligent acts, failures and/or omissions of District or its
agents, servants, employees, contractors, subcontractors or assigns in
exercising the rights granted District in this Franchise; provided, however,
such indemnification shall not extend to injury or damage to the extent
caused by the negligence or willful misconduct of the City, its agents,
officers, employees, volunteers or assigns.
B. City shall indemnify, defend and hold the District, its agents,
officers, employees, volunteers and assigns harmless from and against any
and all claims, demands, liability, loss, cost, damage or expense of any
nature whatsoever, including all costs and attorney's fees, made against
them on account of injury, sickness, death or damage to persons or
property which is caused by or arises out of, in whole or in part, the willful,
tortious or negligent acts, failures and/or omissions of City or its agents,
servants, employees, contractors, subcontractors or assigns in exercising
the rights granted City in this Franchise; provided, however, such
indemnification shall not extend to injury or damage to the extent caused
by the negligence or willful misconduct of the District, its agents, officers,
employees, volunteers or assigns.
C. In the event any such claim or demand be presented to or filed with
the District or the City arising out of or relating to the acts or omissions in
whole or in part of the other Party, the Party shall promptly notify the
other Party thereof, and the notified Party shall have the right, at its
election and at its sole cost and expense, to settle and compromise such
claim or demand.
D. Should a court of competent jurisdiction determine that this
Franchise is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of City and District,
their officers, employees and agents, District's liability hereunder shall be
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only to the extent of District's negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes
the parties' waiver of immunity under Industrial Insurance, Title 51 RCW,
solely for the purposes of this indemnification.
SECTION 8. - Default. If the District fails to comply with any of the
provisions of this Franchise, unless otherwise provided for herein, the City
may serve upon the District a written order to so comply within thirty (30)
days from the date such order is received by the District. If the District is
not in compliance with this Franchise after expiration of said thirty (30)
day period, the City may act to remedy the violation and may charge the
costs and expenses of such action to District. The City may act without
the thirty (30) day notice in case of an emergency.
SECTION 9. - Non-exclusive Franchise. This Franchise is not and
shall not be deemed to be an exclusive Franchise. This Franchise shall not
in any manner prohibit the City from granting other and further franchises
over, upon, and along the Franchise Area, which do not interfere with
District's rights under this Franchise. This Franchise shall not prohibit or
prevent the City from using the Franchise Area or affect the jurisdiction of
the City over the same or any part thereof.
SECTION 10. - Franchise Term. This Franchise shall have a term of
fifteen (15) years from its Effective Date as defined in Section 29 herein;
provided, this Franchise shall be automatically extended for one additional
five (5) year period unless either Party at least one hundred eighty (180)
days prior to the termination date of the Franchise provides written notice
to the other Party of its intent to terminate the Franchise at the end of the
Franchise term; provided, at the end of the five (5) year term, this
Franchise shall be automatically extended for successive one (1) year
periods unless either Party at least one hundred twenty (120) prior to the
termination date of any one (1) year extension provides written notice to
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the other Party of its intent to terminate the Franchise at the end of the
then current Franchise term.
SECTION 11. - Non-assumption. In consideration of the District's
payment of the Franchise Fee to the City as provided in Section 12 herein,
and the District's acceptance of the other terms and conditions of this
Franchise, the City agrees not to exercise and to forbear its statutory
authority pursuant to chapter 35.13A RCW or other statutes to attempt to
assume jurisdiction over all or part of the District or any District
responsibilities, property, facilities, equipment or utility customers located
within or without the City's corporate limits during the term of this
Franchise. The City's agreement and forbearance includes not facilitating
or cooperating with any other city or town to attempt pursuant to RCW
35.13A.060 or as such statute may be amended or superseded to assume
jurisdiction over the District or any District responsibilities, property,
facilities, equipment or utility customers located within or without the
City's corporate limits during the term of this Franchise.
SECTION 12. - Franchise Fee.
A. In consideration of the rights granted the District under this
Franchise, the District shall pay to the City a franchise fee (“Franchise
Fee”) in the amount of six percent (6.0%) of the District's Revenue
beginning the first day of the first calendar quarter occurring at least sixty
(60) days after the Effective Date of this Franchise, subject to the
provisions of Section 12(B) herein.
B. Franchise Fees shall be paid to the City in bi-monthly installments
(meaning, every two months) due and payable within thirty (30) days
following the end of the bi-monthly period.
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C. Should the District be prevented by judicial or legislative action from
paying any or all of the Franchise Fees, the District shall be excused from
paying that portion of the Franchise Fee and this Franchise agreement will
immediately terminate, unless the Parties otherwise agree.
D. In consideration of the District's payment of a Franchise Fee to the
City as provided in Section 12 herein, and the District's acceptance of the
other terms and conditions of this Franchise, the City agrees not to
exercise and to forbear any legal authority it may have to impose a utility,
business and occupation tax, public utility tax, privilege tax, excise tax or
any other tax (collectively, "Excise Tax") upon the District based on the
District's revenues, gross receipts, or gross income during the term of this
Franchise. However, if a court of competent jurisdiction determines the
City may not agree to forbear its statutory authority to impose an Excise
Tax upon the District based on the District's revenues, gross receipts, or
gross income during the term of this Franchise, or to limit any such Excise
Tax on the District’s revenues, gross receipts, or gross income, the District
shall have the right and option, at its sole election, to (1) terminate this
Franchise and the payment of Franchise Fees to the City, and if the City
determines to impose an Excise Tax on the District, the District shall have
the right to bring an action to challenge the legal validity of any such
Excise Tax, or (2) if the Parties mutually agree, elect not to terminate this
Franchise and the District may agree to pay any such Excise Tax, provided
the District’s Franchise Fees herein to the City shall be credited against any
such Excise Tax the City may impose.
E. In consideration of the District’s payment of a Franchise Fee to the
City as provided herein, and the District’s acceptance of the other terms
and conditions of this Franchise, the City agrees not to exercise and to
forbear any legal authority it may have to impose compensation or a rental
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fee (collectively, “Rental Fee”) upon the District for the District’s use of the
Franchise Area as provided for herein.
F. The District shall have the right to recover the Franchise Fee from
the District's ratepayers residing within the City and may identify the
Franchise Fee as a separate billing item on utility customer billings by
using the following line item:
“Effect of City of Kent Franchise Fee: $X.xx”
SECTION 13. - Compliance with Codes and Regulations;
Annexations; Service Area Boundary.
A. The rights, privileges and authority herein granted are subject to
and governed by this ordinance and all other applicable City ordinances
and codes, as they now exist or may hereafter be amended, provided the
City shall not unreasonably affect or modify any portion of this Franchise
without District's written approval. Nothing in this ordinance limits the
City's lawful power to exercise its police power to protect the safety and
welfare of the general public. Any location, relocation, erection or
excavation by District shall be performed by District in accordance with
applicable federal, state and City rules and regulations, including the City
public works policies and pre-approved plans, and any required permits,
licenses or regulatory fees, and applicable safety standards then in effect.
B. If any territory served by District is annexed to the City after the
Effective Date of this Franchise, this Franchise shall be deemed to be the
new agreement required to be granted to a franchisee in annexed territory
by RCW 35A.14.900 for whatever period of time is then remaining under
this Franchise for the Franchise Area, unless a longer time period is
required by that statute. Such territory shall then be governed by the
terms and conditions contained herein upon the effective date of such
annexation. The first Franchise Fee for any annexed area shall be
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calculated pro rata from the effective date of the annexation to the end of
the next bi-monthly period and paid to the City at the same time as the
fee for the Franchise Area is paid for that quarter.
C. The District's and the City's exclusive retail sewer service area
boundaries have been established and approved by agencies with
jurisdiction, including the Washington State Department of Ecology and
King County. The Parties agree that their respective exclusive retail sewer
service area boundaries are confirmed as described and depicted on
Exhibit A attached hereto and incorporated herein by this reference (“City
of Kent-Midway Sewer District Retail Sewer Service Area Boundary” or
“Retail Sewer Service Area Boundary”). The respective exclusive retail
sewer service area boundaries as provided herein shall survive any
termination or expiration of this Franchise. Any modification of the
exclusive retail sewer service area boundary provided herein shall be by
written agreement between the Parties. This provision and the agreed
exclusive retail sewer service area boundary between the Parties shall
supersede, rescind, and cancel all prior agreements between the Parties
relative to the Parties’ respective retail sewer service area boundaries.
SECTION 14. - Location of Facilities and Equipment. With the
exception of components that are traditionally installed at ground level or
above such as manhole frame and covers, vault lids, risers, lift stations,
electrical control panels, power meters, telephone connections, and utility
markers, all Facilities and equipment to be installed within the Franchise
Area shall be installed underground; provided, however, that such Facilities
may be installed above ground if so authorized by the City, which
authorization shall not be unreasonably withheld, conditioned or delayed,
consistent with the provisions of the City's land use and zoning code and
applicable development pre-approved plans.
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SECTION 15. - Record of Installations and Service. With respect to
excavations by District and the City within the Franchise Area, District and
the City shall each comply with its respective obligations pursuant to
chapter 19.122 RCW, and as such statute may be modified and amended,
and any other applicable state law.
Upon written request of the City, District shall provide the City with the
most recent update available of any plan of potential improvements to its
Facilities within the Franchise Area; provided, however, any such plan so
submitted shall only be for informational purposes within the Franchise
Area, nor shall such plan be construed as a proposal to undertake any
specific improvements within the Franchise Area.
Upon written request of District, the City shall provide District with the
most recent update available of any plan of potential improvements to its
improvements located within the Franchise Area; provided, however, any
such plan so submitted shall only be for informational purposes within the
Franchise Area, nor shall such plan be construed as a proposal to
undertake any specific improvements within the Franchise Area.
Available as-built drawings of the location of any Facilities located within
the Franchise Area shall be made available to the requesting Party within a
reasonable time, which should typically not exceed fourteen (14) calendar
days of request.
SECTION 16. - Shared Use of Excavations.
A. District and the City shall exercise best efforts to coordinate
construction work that either Party may undertake within the Franchise
Area so as to promote the orderly and expeditious performance and
completion of such work as a whole. Such efforts shall include, at a
minimum, reasonable and diligent efforts to keep the other Party and other
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utilities within the Franchise Areas informed of its intent to undertake such
construction work. District and the City shall further exercise best efforts
to minimize any delay or hindrance to any construction work undertaken
by themselves or other utilities within the Franchise Area.
B. If at any time, or from time to time, either District, the City, or
another franchisee, shall cause excavations to be made within the
Franchise Area, the Party causing such excavation to be made shall afford
the others, upon receipt of a written request to do so, an opportunity to
use such excavation, provided that:
1. No statutes, laws, regulations, ordinances or District policies
prohibit or restrict the proximity of other utilities or facilities to District's
Facilities installed or to be installed within the area to be excavated;
2. Such joint use shall not unreasonably delay the work of the
Party causing the excavation to be made;
3. Such joint use shall be arranged and accomplished on terms
and conditions satisfactory to both Parties. The Parties shall each
cooperate with other utilities in the Franchise Area to minimize hindrance
or delay in construction.
SECTION 17. - Insurance. District shall maintain in full force and
effect throughout the term of this Franchise, a minimum of Two Million
Dollars ($2,000,000.00) liability insurance for property damage and bodily
injury. In satisfying the insurance requirement set forth in this Section,
District may self-insure against such risks in such amounts as are
consistent with good utility practice. Upon request, the District shall
provide the City with sufficient written evidence, as determined by the City
in its reasonable discretion, that such insurance (or self-insurance) is being
so maintained by District. Such written evidence shall include, to the
extent available from District's insurance carrier, a written certificate of
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insurance with respect to any insurance maintained by District in
compliance with this Section.
SECTION 18. - Abandonment and/or Removal of District Facilities.
The Parties agree that the standard practice will be to abandon
underground District Facilities in-place whenever practical, subject to the
following conditions:
1. The District shall continue to own and be responsible for any
such facilities abandoned within the Franchise Area.
2. The City shall have the right to require the District to remove
any Facilities abandoned within the Franchise Area if the City reasonably
determines the removal of the abandoned Facility is required to facilitate
the construction or installation of a City project within the Franchise Area
and the City determines there is no other reasonable or feasible alternative
to the removal of the Facility. The City will make reasonable efforts to
avoid conflicts with abandoned Facilities whenever possible, however,
whenever a conflict cannot be resolved except by removal from the right-
of-way of previously abandoned District Facilities, then the District shall, at
the District's expense, remove such abandoned Facilities by their own
forces or by participating in the City’s public works project. When
necessary, removal of abandoned Facilities shall be limited to the area of
direct conflict. In removing such material, the District shall conform to all
local, state, and federal regulations applicable to asbestos abatement,
when applicable.
3. Within forty-five (45) calendar days of the District’s
permanent cessation of use of any of its Facilities as determined by the
District, or any portion thereof, the District will, in good faith, use its best
efforts to provide as-built drawings locating the abandoned Facilities or if
unable to provide as-built drawings, will provide the most complete and
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accurate drawings the District can make available to provide adequate
notice of the location of all abandoned Facilities.
4. District Facilities that are abandoned in-place shall be
abandoned pursuant to City Standards, to the reasonable satisfaction of
the Public Works Director.
5. The Parties expressly agree that this section shall survive the
expiration, revocation or termination of this Franchise, unless modified by
separate agreement.
SECTION 19. - Vacation of Franchise Area. If the City determines
to vacate any right-of-way which is part of the Franchise Area where
District Facilities are located or maintained, any ordinance vacating such
right-of-way shall provide and condition such vacation on the District
obtaining, at no cost to the District, a permanent easement at least fifteen
(15) feet wide centered on the Facilities to the extent possible in such
vacated right-of-way for the construction, operation, maintenance, repair
and replacement of its Facilities located and to be located in such vacated
right-of-way.
SECTION 20. Assignment. All of the provisions, conditions, and
requirements herein contained shall be binding upon the District, and no
right, privilege, license or authorization granted to the District hereunder
may be assigned or otherwise transferred without the prior written
authorization and approval of the City, which the City may not
unreasonably withhold, condition or delay, provided that a merger or
consolidation of District with or into another Title 57 water-sewer district
shall not be considered an assignment for the purposes of this provision
and shall not be subject to the City's approval.
SECTION 21. - Notice. Unless applicable law requires a different
method of giving notice, any and all notices, demands or other
communications required or desired to be given hereunder by any Party
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(collectively, "notices") shall be in writing and shall be validly given or
made to another Party if delivered either personally or by Federal Express
or other overnight delivery service of recognized standing, or if deposited
in the United States Mail, certified, registered, or express mail with
postage prepaid, or if sent by e-mail with electronic confirmation. If such
notice is personally delivered, it shall be conclusively deemed given at the
time of such delivery. If such notice is delivered by Federal Express or
other overnight delivery service of recognized standing, it shall be deemed
given one (1) business day after the deposit thereof with such delivery
service. If such notice is mailed as provided herein, such shall be deemed
given three (3) business days after the deposit thereof in the United States
Mail. If such notice is sent by email, it shall be deemed given at the time
of the sender's receipt of electronic confirmation. Each such notice shall
be deemed given only if properly addressed to the Party to whom such
notice is to be given as follows:
To City:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Phone: (253) 856-5725
Fax: (253) 856-6725
To District:
General Manager
Midway Sewer District
P.O. Box 3487
Kent, WA 98089-0209
Phone: (206) 824-4960
Any Party may change its address for the purpose of receiving notices as
herein provided by a written notice given in the manner required by this
Section to the other Party.
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SECTION 22. - Non-Waiver. The failure of either Party to enforce
any breach or violation by the other Party or any provision of this
Franchise shall not be deemed to be a waiver or a continuing waiver by the
non-breaching Party of any subsequent breach or violation of the same or
any other provision of this Franchise.
SECTION 23. - Alternate Dispute Resolution. If the Parties are
unable to resolve disputes arising from the terms of this Franchise, prior to
resorting to a court of competent jurisdiction, the Parties shall submit the
dispute to mediation or other non-binding alternate dispute resolution
process agreed to by the Parties. Unless otherwise agreed upon between
the Parties or determined herein, the cost of that process shall be shared
equally by the Parties.
SECTION 24. - Governing Law/Venue. This Franchise shall be
governed by the laws of the State of Washington. Any suit to enforce or
relating to this Agreement shall only be filed in King County Superior
Court, King County, Washington.
SECTION 25. - Entire Agreement. The Recitals set forth above are
hereby incorporated herein in full by this reference. This Franchise
constitutes the entire understanding and agreement between the Parties
as to the subject matter herein and no other agreements or
understandings, written or otherwise, shall be binding upon the Parties
upon execution and acceptance hereof. This Franchise shall supersede,
rescind and cancel any prior franchise or agreement granted by the City to
the District to locate and operate a public sewer system within the
Franchise Area.
SECTION 26. - Amendment. This Franchise may be amended only
by written instrument, signed by both Parties, which specifically states that
25 Franchise -
Midway Sewer District
648928.2 - 356659 -0002
it is an amendment to this Franchise, and is approved and executed in
accordance with the laws of the State of Washington. Without limiting the
generality of the foregoing, this Franchise (including, without limitation,
Section 7 “Indemnification” above) shall govern and supersede and shall
not be changed, modified, deleted, added to, supplemented or otherwise
amended by any permit, approval, license, agreement or other document
required by or obtained from the City in conjunction with the exercise (or
failure to exercise) by District of any and all rights, benefits, privileges,
obligations, or duties in and under this Franchise, unless such permit,
approval, license, agreement or document specifically:
1. References this Franchise; and
2. States that it supersedes this Franchise to the extent it contains
terms and conditions which change, modify, delete, add to, supplement or
otherwise amend the terms and conditions of this Franchise.
In the event of any conflict or inconsistency between the provisions of this
Franchise and the provisions of any such permit, approval, license,
agreement or other document that does not comply with Subsections (1)
and (2) referenced immediately above, the provisions of this Franchise
shall control.
SECTION 27. - Directions to City Clerk. The City Clerk is hereby
authorized and directed to forward certified copies of this ordinance to the
District as set forth in this ordinance. The District shall have thirty (30) days
from the date of receipt of the certified copy of this ordinance to accept in
writing the terms of the Franchise granted to the District by this ordinance
and file with the City Clerk the executed statement of Acceptance of
Franchise, attached hereto as Exhibit B and incorporated herein by this
reference.
26 Franchise -
Midway Sewer District
648928.2 - 356659 -0002
SECTION 28. - District Acceptance of Franchise. District shall have
no rights under this Franchise nor shall District be bound by the terms and
conditions of this Franchise unless District shall, within thirty (30) days after
the receipt of the certified copy of this ordinance as addressed in Section 27
herein, file with the City its written acceptance of this Franchise.
SECTION 29. - Effective Date of Franchise. The terms and
conditions of this ordinance shall not be binding on the City and the District
unless the District Board of Commissioners within thirty (30) days of the
receipt of the certified copy of this ordinance as addressed in Section 27
herein adopts a resolution accepting this Franchise, and the date of the
adoption of such resolution by the District Board of Commissioners shall be
the effective date ("Effective Date") of the Franchise.
SECTION 30. – Severability. If any one or more section,
subsection, or sentence of this franchise is held to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portion
of this franchise and the same shall remain in full force and effect.
SECTION 31. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 32. - Effective Date of Ordinance. This ordinance shall
take effect and be in force five (5) days after its publication, as provided by
law.
27 Franchise -
Midway Sewer District
648928.2 - 356659 -0002
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
Sources: Esri, DeLorme, NAVTEQ, USGS, Intermap, iPC, NRCAN, Esri
Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, 2013
µKent City Limits
Midway Sewer District Boundary
Exhibit A
City of Kent - Midway Sewer DistrictRetail Sewer Service AreaJune 2018
29 Franchise -
Midway Sewer District
648928.2 - 356659 -0002
EXHIBIT B
ACCEPTANCE OF FRANCHISE
The undersigned authorized representative of Midway Sewer District
(District) hereby declares on the District’s behalf the District’s acceptance
of the nonexclusive franchise to Midway Sewer District approved by the
City of Kent City Council on ____________, ___________, 2018, by the
adoption of City of Kent Ordinance No. ______.
DATED this ______ day of ________________, 2018.
Midway Sewer District
By: ______________________________
Its: ______________________________
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Agenda Item: Consent Calendar – 8M
TO: City Council
DATE: December 11, 2018
SUBJECT: Consolidating Budget Adjustment Ordinance – Adopt
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $22,989,456.
Adjustments totaling $11,440,194 have previously been approved by Council and are
summarized as follows:
A total of $4,860,376 in grants:
▪ $3,000,000 WSDOT grant for Willis & 4th Ave Roundabout
▪ $716,876 RCO grant for Walla Acquisition
▪ $485,000 DOC grant for South 228th Street Interurban Trail Connector Project
▪ $300,000 King County Flood Control grant
▪ $229,000 criminal justice program grants
▪ $129,500 for other Parks project and program related grants
$6,579,818 in transfers and use of proceeds from the sale of the Par 3 property at
Riverbend Golf Course, in alignment with Riverbend’s August 2017 Business Plan, as
follows:
▪ $2,573,754 in transfers out of the golf operating fund to golf capital projects, plus
another $2,573,754 to budget use of those funds on specific projects, including
driving range expansion/remodel, clubhouse expansion/remodel, course
renovations and improvements and driving range ball machine
▪ $727,770 to recognize the value of new leased equipment and the first year lease
payment (principal and interest) and $704,540 to transfer funds out of golf
operating fund to golf debt service to set aside monies for future year principal
and interest payments on leased equipment.
Adjustments totaling $11,549,262 have not been approved by Council, including:
▪ $1,750,000 transfer of General Fund reserves in excess of 18% to augment fund
balances of the several funds, including LEOFF1 Retiree Benefits Fund
($1,000,000), Medical Fund ($250,000), Liability Insurance Fund ($300,000), Golf
Fund ($200,000) and Parks Scholarships (100,000)
▪ $2,300,000 transfer of General Fund reserves in excess of 18% to provide funding
for the following projects, plus another $2,300,000 to establish the project budget
in the appropriate fund:
o Place-making/Meet Me on Meeker ($300,000)
o 228th Street (1,800,000)
o Parks Lifecycle ($200,000)
MOTION: Adopt Ordinance No. _____, approving the consolidating budget
adjustment ordinance for adjustments made between July 1, 2018 and
November 14, 2018, reflecting an overall budget increase of $22,989,456.
▪ Targeted increases to ensure sufficient budget authority for the following funds:
o $1,090,000 increase in the Workers Compensation Fund to cover a large claim
paid earlier in the year. The City will be reimbursed by the insurance company
for $590,000, leaving a net cost to the City of $500,000
o $650,000 for the Street Operating Fund to reflect a lesser amount of costs
allocated to other funds, as those costs are covered by permitting revenues
over the budgeted amount.
o $400,000 for the LEOFF1 Retiree Benefits Fund to cover anticipated long term
care costs
o $250,000 to cover the expected cost of claims in the Liability Insurance Fund
o $150,000 additional transfer out from the Capital Improvement Fund to pay
down debt in the Other Capital Project Fund, due to the expectation that the
2% internal utility tax revenues dedicated to paying this debt will exceed
budget by this amount.
o $100,000 increase to the Solid Waste Fund’s temporary/overtime salaries &
benefits
o $60,000 for marketing costs the Lodging Tax Fund
▪ Highlights of other projects and transfers include:
o $500,000 transfer out of the Criminal Justice Fund for Corrections Center
plumbing upgrades, plus another $500,000 to establish the Facilities project
budget
o $126,922 increase in the Housing & Community Development Fund to realign
it to the 2018 CDBG allocation
o $694,900 recognize King County Levy proceeds and use of proceeds for Lake
Fenwick, Kent Loop Trail, Hogan Field and Lake Meridian
o $250,000 transfer out of Street, Water and Sewerage to provide funding for
the Public Works Asset Management System, plus another $250,000 to
increase the IT project budget. This increases the project budget to match
the approved contract amount, including contingency. To the extent the
contingency is not needed, the remaining funds will be returned when the
project is complete.
o $240,000 use of Parks Lifecycle funds for Hogan Field and KMP Playground &
Whiffle Ball Field
o $240,500 use of Light Pole funds for Hogan Field
o $145,000 use of IT Tech Plan funds for JDE SOW’s, Lawbase and AmorerLink
projects
EXHIBITS: Ordinance with Exhibits
RECOMMENDED BY: Operations Committee
YEA: Boyce, Higgins, Troutner NAY:
BUDGET IMPACTS: These expenditures are funded by grants, existing fund balance,
or other revenues.
STRATEGIC PLAN GOAL(S):
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community
partnerships.
1 2017-2018 Budget Adjustment
Third & Fourth Quarter 2018
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the
consolidating budget adjustments made between
July 1, 2018 and November 14, 2018, reflecting an
overall budget increase of $22,989,456.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Budget Adjustments. The 2017-2018 biennial
budget is amended to include budget fund adjustments for the third and
fourth quarters of 2018 from July 1 to November 14, 2018, as summarized
and set forth in Exhibit “A,” which is attached and incorporated into this
ordinance. Except as amended by this ordinance, all terms and provisions
of the 2017-2018 biennial budget Ordinance No. 4230, as amended by
Ordinance Nos. 4245, 4251, 4258, 4266, 4270, and 4284 shall remain
unchanged.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
2 2017-2018 Budget Adjustment
Third & Fourth Quarter 2018
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force five days after publication, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
Fund Title Previously
Approved
Approval
Requested
Total
Adjustment
Ordinance
General Fund 47,500 4,150,000 4,197,500
Street Fund - 650,000 650,000
Public Safety Retiree Benefits Fund - 400,000 400,000
Lodging Tax Fund - 60,000 60,000
Capital Improvement Fund - 150,000 150,000
Criminal Justice Fund 229,000 500,000 729,000
Housing & Community Development Fund - 126,922 126,922
Street Capital Projects 3,485,000 1,745,000 5,230,000
Parks Capital Projects 798,876 1,177,340 1,976,216
Other Capital Projects - 450,000 450,000
Technology Capital Projects - 395,000 395,000
Water Operating Fund - (75,000) (75,000)
Sewerage Operating Fund 300,000 (120,000) 180,000
Solid Waste Operating Fund - 100,000 100,000
Golf Operating Fund 6,579,818 - 6,579,818
Facilities Management Fund - 500,000 500,000
Insurance Fund - 1,340,000 1,340,000
Total 11,440,194 11,549,262 22,989,456
Exhibit A
City of Kent
Budget Adjustment Ordinance
Adjustments July 1, 2018 to November 14, 2018
Approval
Date or
Other Fund
Previously
Approved by
Council
Not
Previously
Approved by
Council
Total
Adjustment
Ordinance
General Fund
Transfer out to Medical Fund 250,000 250,000
Transfer out to LEOFF1 Benefit Fund 1,000,000 1,000,000
Transfer out to Placemaking (Meet Me on Meeker)300,000 300,000
Transfer out to 228th Street 1,800,000 1,800,000
Transfer out to Parks Scholarships 100,000 100,000
Transfer out to Parks Lifecycle 200,000 200,000
Transfer out to Golf Fund 200,000 200,000
Transfer out to Liability Insurance Fund 300,000 300,000
Westaf Grant - The Noms (Cultural Arts)KCC 3.70 2,500 2,500
Westaf Grant - Frank Ferrante (Cultural Arts) KCC 3.70 2,500 2,500
Westaf Grant - Tapestry Dance (Cultural Arts) KCC 3.70 2,500 2,500
Washington State Arts Commission Grant KCC 3.70 3,000 3,000
King County 4Culture Grant KCC 3.70 17,000 17,000
NPRA Youth & Teen Grant KCC 3.70 20,000 20,000
Total General Fund 47,500 4,150,000 4,197,500
Street Operating Fund
Reduce PW Engineering Allocated Costs 650,000 650,000
Total Street Operating Fund - 650,000 650,000
Public Safety Retiree Benefits Fund
Increase Long-term Care Budget 400,000 400,000
Total Public Safety Retiree Benefits Fund - 400,000 400,000
Lodging Tax Fund
Increase Lodging Tax Marketing Budget 60,000 60,000
Total Lodging Tax Fund - 60,000 60,000
Capital Improvement Fund
Transfer out to Other Capital Project Fund for Debt Service 150,000 150,000
Total Capital Improvement Fund - 150,000 150,000
Criminal Justice Fund
Establish Sex Offender OT Grant KCC 3.70 33,250 33,250
Establish Drug Free Community Grant 9/18/2018 125,000 125,000
Establish Heroes & Helpers Mini-grant KCC 3.70 2,000 2,000
Establish Target Zero DUI Grant KCC 3.70 21,600 21,600
Establish Police STOP Grant KCC 3.70 47,150 47,150
Transfer out to Facilities Fund for Corrections Plumbing Upgrades 500,000 500,000
Total Criminal Justice Fund 229,000 500,000 729,000
Housing & Community Development Fund
Increase budget to realign to 2018 CDBG Allocation 126,922 126,922
Total Housing & Community Development Fund - 126,922 126,922
Street Capital Projects
DOC Grant - 228th St Interurban Trail Connector 5/15/2018 485,000 485,000
WSDOT Grant - Willis & 4th Roundabout 7/3/2018 3,000,000 3,000,000
224th/228th Street Project 1,800,000 1,800,000
Transfer out to IT for PW Asset Management System (55,000) (55,000)
Total Street Capital Projects Fund 3,485,000 1,745,000 5,230,000
Budget Adjustment Detail for Budget Changes
July 1, 2018 to November 14, 2018
Approval
Date or
Other Fund
Previously
Approved by
Council
Not
Previously
Approved by
Council
Total
Adjustment
Ordinance
Budget Adjustment Detail for Budget Changes
July 1, 2018 to November 14, 2018
Parks Capital Projects
Recognize King County Levy Proeceeds 250,000 250,000
Establish 2018-2019 KCD Grant KCC 3.70 57,000 57,000
Establish King County Grant KCC 3.70 25,000 25,000
Use KC Levy funds for Lake Fenwick 293,350 293,350
Use KC Levy funds for Kent Loop Trail 1,550 1,550
Use KC Levy funds for Hogan Field 50,000 50,000
Use KC Levy funds for Lake Meridian 100,000 100,000
Use Park Lifecycle funds for Hogan Field 190,000 190,000
Use Park Lifecycle funds for KMP Playground & Whiffleball Field 50,000 50,000
Use Light Pole funds for Hogan Field 240,500 240,500
Recognize Boat Launch Revenues 1,940 1,940
Establish RCO Grant - Walla Acquisition 6/5/2018 716,876 - 716,876
Total Parks Capital Projects 798,876 1,177,340 1,976,216
Other Capital Projects
Placemaking (Meet Me on Meeker)300,000 300,000
Other Capital Project Debt Service 150,000 150,000
Total Other Capital Projects - 450,000 450,000
Technology Capital Projects
PW Asset Management System 250,000 250,000
Move IT Tech Plan funds to JDE SOW's 100,000 100,000
Move IT Tech Plan funds to Lawbase 35,000 35,000
Move IT Tech Plan funds to AmorerLink 10,000 10,000
Total Technology Capital Projects - 395,000 395,000
Water Operating Fund
Transfer out to IT for PW Asset Management System (75,000) (75,000)
Total Water Operating Fund - (75,000) (75,000)
Sewerage Operating Fund
KC Flood Control Grant 3/6/2018 300,000 300,000
Transfer out to IT for PW Asset Management System (120,000) (120,000)
Total Sewer Operating Fund 300,000 (120,000) 180,000
Solid Waste Operating Fund
Temporary/Overtime salaries & benefits 100,000 100,000
Total Solid Waste Operating Fund - 100,000 100,000
Golf Operating Fund
Equipment Leases 6/5/2018 1,432,310 1,432,310
Capital Projects 6/5/2018 5,147,508 5,147,508
Total Golf Operating Fund 6,579,818 - 6,579,818
Facilities Management Fund
Corrections Plumbing Upgrades 500,000 500,000
Total Facilities Management Fund - 500,000 500,000
Insurance Fund
Workers Compensation Claims 1,090,000 1,090,000
Liability Insurance Claims / IBNR 250,000 250,000
Total Insurance Fund - 1,340,000 1,340,000
Grand Total All Funds 11,440,194 11,549,262 22,989,456
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Agenda Item: Consent Calendar – 8N
TO: City Council
DATE: December 11, 2018
SUBJECT: Ordinance Dedicating Public Right of Way at Morrill Meadows Park and
SE 248th Street - Adopt
SUMMARY: As part of the development of the joint YMCA and Morrill Meadows Park
project, frontage improvements need to be constructed on the north side of SE 248th
Street, which includes the installation of a left turn lane into the YMCA’s facility, the
construction of sidewalks, and the relocation and undergrounding of utilities. In order
to construct the required frontage improvements, it is necessary for the City to dedicate
and define five feet of City-owned land at Morrill Meadows Park for right of way
purposes. Ten additional feet are suggested for dedication for overflow purposes to be
available as the City may authorize for public utilities, cable and telecommunication
service providers, and other franchisees and licensees.
The ordinance also authorizes the Mayor to sign all documents necessary to finalize and
define the dedications authorized by the proposed ordinance, and directs the City Clerk
to record the ordinance upon its passage.
EXHIBITS: Ordinance
RECOMMENDED BY: Operations Committee
YEA: Boyce, Higgins, Troutner NAY: N/A
STRATEGIC PLAN GOAL(S):
☐ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure.
MOTION: Adopt Ordinance No. _____ that: (1) dedicates a portion of City-
owned property at Morrill Meadows Park and SE 248th Street for both right-
of-way and overflow purposes, to be available as the City may authorize for
public utility, cable and telecommunication service providers, and other
franchisees and licensees; (2) authorizes the Mayor to sign all documents
necessary to finalize and define the dedications authorized by the ordinance;
and (3) directs the City Clerk to record a certified copy of the ordinance upon
its passage.
This page intentionally left blank.
1 Dedication of Public Right of Way at
Morrill Meadows Park and SE 248th Street
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, dedicating a portion of
City-owned property located at Morrill Meadows
Park and abutting SE 248th Street for right-of-way
and other purposes, authorizing the Mayor to sign
all documents necessary to finalize and define the
dedications authorized by this ordinance, and
directing the City Clerk to record a certified copy of
this ordinance upon its passage.
RECITALS
A. In July of 2018, the City of Kent and the YMCA of Greater
Seattle finalized documents that memorialized their collaborative project to
construct a YMCA facility and park improvements within Morrill Meadows
Park. The project’s development requires construction of a number of
frontage improvements, including the widening of a portion of SE 248th
Street, the installation of a left turn lane at the YMCA’s entrance, the
construction of sidewalks, and the undergrounding of utilities.
B. In order for the YMCA to construct the required frontage
improvements, it is necessary for the City to dedicate and define a portion
of City-owned land at Morrill Meadows for right of way and other purposes.
Morrill Meadows Park is also generally referred to as King County Tax
Parcel No. 783080-0410, and the south five feet of that parcel, as legally
described in this ordinance, will be dedicated as City right of way. This
dedication will formally establish and define the boundaries of the right of
2 Dedication of Public Right of Way at
Morrill Meadows Park and SE 248th Street
way, which is necessary due to others who make use of City rights of way,
including utility, cable, and telecommunication providers. In addition, the
City is dedicating an additional ten foot area within which authorized public
utility providers, cable and telecommunication providers, and other
authorized franchisees and licensees, may additionally install facilities as
authorized by the City.
C. Once the right of way and overflow area is dedicated through
Council’s adoption of this ordinance, the City Clerk will be directed to
record a certified copy of this ordinance with the King County Recorder’s
Office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Dedication of Right of Way. The five feet of City-
owned real property legally described on the attached and incorporated
Exhibit A is hereby dedicated for right of way purposes, including without
limitation roadway, sidewalk, and pedestrian path improvements and
utility undergrounding and installation.
SECTION 2. – Dedication of Overflow Access. The ten feet of
additional City-owned real property legally described on the attached and
incorporated Exhibit A is hereby dedicated for overflow access that is
available as the City may authorize for public utilities, cable and
telecommunication service providers, and other franchisees and licensees.
SECTION 3. – Mayor Authorized to Finalize and Sign. The Mayor is
authorized to sign all documents necessary to finalize and define the
dedications authorized by this ordinance.
3 Dedication of Public Right of Way at
Morrill Meadows Park and SE 248th Street
SECTION 4. – City Clerk to Record Ordinance. The City Clerk is
hereby directed to attach an appropriate cover sheet and record a certified
copy of this ordinance with the King County Recorder’s Office.
SECTION 5. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
P:\Civil\Ordinance\Dedicate Right of Way-248th Street-YMCA-Morrill Meadows.docx
EXHIBIT A
TAX LOT 7830800410
THE SOUTH 5.OO FEET OF THE FOLLOWING DESCRIBED PARCEL;
LOTS 25,26 AND 27, R.O. SMITH'S ORCHARD TRACTS ADDITION TO KENT, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 27, RECORDS OF
KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF SAID LQT 27, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 27; THENCE SOUTH 89'17'25"
EAST ALONG THE NORTH LINE OF SAID LOT 27, FOR A DISTANCE OF 14.08 FEET;
THENCE SOUTH 3"30 06'' EAST ALONG AN EXISTING FENCE FOR A DISTANCE OF
126.34 FEET; THENCE NORTH 89'17'25" WEST FOR A DISTANCE OF 24.05 FEET TO THE
WEST LINE OF SAID LOT 27; THENCE NORTH 01'01'23" EAST ALONG SAID WEST LINE
FOR A DISTANCE OF 126.00 FEET TO THE POINT OF BEGINNING;
EXCEPT THE SOUTH 1.5 FEET THEREOF CONVEYED IN DEED UNDER RECORDING NO
9809303437;
TOGETHER WITH THAT PORTION OF 1O8TH AVENUE SOUTHEAST, AS VACATED BY
CITY OF KENT ORDINANCE NO. 3766, UNDER RECORDING NO. 200601 10000426, BEING
THE EAST 3O.OO FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 22 NORTH, RANGE 5
EAST, W.M., IN KING COUNTY, WASHINGTON, EXCEPT THAT PORTION LYING WITHIN
SOUTHEAST 248TH STREET;
TOGETHER WITH THAT PORTION OF SOUTH HALF OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF SECTION 20,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING
WEST OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE
NORTH 89'17'11'' WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A
DISTANCE OF 1919.02 FEET; THENCE NORTH 00"26 03" EAST, A DISTANCE OF 30.00
FEET, TO THE NORTH MARGIN OF SOUTHEAST 248TH STREET AND THE TRUE POINT
OF BEGINNING; THENCE CONTINUING NORTH 00'26'03" EAST, ALONG AN EXISTING
FENCE, A DISTANCE OF 629.08
FEET, TO THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTH HALF.
AND EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER AND THAT PORTION OF 1O8TH AVENUE
SOUTHEAST, AS VACATED BY CITY OF KENT ORDINANCE NO. 3766, UNDER
RECORDING NO. 20060110000426 IN THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER ALL IN SECTION 20, TOWNSHIP 22 NORTH,
RANGE 5 EAST, W.M. AND OF LOT 25 OF R. O. SMITH'S ORCHARD TRACTS ADDITION
TO KENT AS RECORDED IN VOLUME 12 OF PLATS, PAGE 27, IN KING COUNTY
RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 20, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M.; THENCE NORTH 88"43'15" WEST, ALONG THE SOUTH
LINE OF THE NORTH HALF OF SAID SECTION 20, A DISTANCE OF 2,355.69 FEET;
THENCE NORTH 1O16'45' EAST, PERPENDICULAR TO SAID SOUTH LINE, 3O.OO FEET TO
THE NORTH MARGIN OF SOUTHEAST 248TH STREET, AND THE POINT OF BEGINNING;
THENCE, CONTINUING NORTH 1'16'45" EAST, 323.00 FEET TO THE NORTH LINE OF THE
SOUTH 353.00 FEET OF THE NORTH HALF OF SECTION 20; THENCE NORTH 88'43'15"
WEST, ALONG SAID NORTH LINE, 297.28 FEET; THENCE SOUTH 1'16'45'WEST,
PERPENDICULAR TO SAID SOUTH LINE, 213.00 FEET, TO THE NORTH LINE OF THE
SOUTH 140 FEET OF THE NORTH HALF OF SECTION 20; THENCE SOUTH 88"43'15'
EAST, ALONG SAID NORTH LINE, 252.28 FEET; THENCE SOUTH 1"16'45" WEST,
PERPENDICULAR TO SAID SOUTH LINE, 11O.OO FEET, TO THE NORTH MARGIN OF
SOUTHEAST 248TH STREET; THENCE SOUTH 88'43'15' EAST ALONG SAID NORTH
MARGIN 45.00 FEET TO THE POINT OF BEGINNING.
(ALSO KNOWN AS ADJUSTED PARCEL "B'OF C|TY OF KENT LLA LL-2018-2 RECORDED
UNDER KrNG COUNTY RECORDTNG NO. 201 80613001 395)
ALSO DESIGNATING THE NORTH 1O.OO FEET OF THE SOUTH 15.00 FEET OF THE
ABOVE DESCRTBED PARCEL (AKA ADJUSTED PARCEL "B', 11,2018-2) AS ADD|T|ONAL,
OVERFLOW AREA AVAILABLE FOR PUBLIC UTILITIES, TELECOMMUNICATION SERVICE
PROVIDERS, AND OTHER AUTHORIZED FRANCHISEES AND LICENSEES.
tltgD
lt -'l - ea/h
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Agenda Item: Consent Calendar – 8O
TO: City Council
DATE: December 11, 2018
SUBJECT: 132nd Avenue S.E. Pedestrian Improvements Project (North) S.E. 240th
Street to S.E. 248th Street – Accept as Complete
SUMMARY: This project consisted of the construction of a walkway along the west side
of 132nd Ave SE from SE 240th St. to SE 248th St. This project included 1200’ of
sidewalk adjacent to a gravity block wall, 460’ of asphalt shoulder walkway with
extruded curb, three new curb ramps, sidewalk and curb repairs, and an asphalt
sidewalk and driveway regrading.
The final contract total paid was $468,920.25 which is $42,695.90 under the original
contract amount of $511,616.15.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: Combination of already budgeted street and grant funding.
MOTION: Authorize the Mayor to accept the 132nd Ave SE Pedestrian
Improvements (North) SE 240th to SE 248th St Project as complete and
release retainage to Axum General Construction, Inc., upon receipt of
standard releases from the state and the release of any liens.
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OTHER BUSINESS
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Agenda Item: Bids 10A
TO: City Council
DATE: December 11, 2018
SUBJECT: 640 Pressure Zone Booster Station – Award
SUMMARY: This project will construct a new booster pump station, including site work,
new single-story building containing an equipment room and a diesel generator, HVAC
system, horizontal split case pumps, VFD, electrical power, control, instrumentation and
SCADA, diesel fuel storage and HMS landscaping.
The bid opening for the 640 Pressure Zone Booster Station Project was held on December
4, 2018 with seven bids received, all were responsive. The lowest responsible and
responsive bid was submitted by Prospect Construction, Inc. in the amount of
$2,728,427.90.
Bid Tab Summary
01. Prospect Construction, Inc. $2,728,427.90
02. Harbor Pacific Contractors, Inc. $2,912,800.00
03. Gary Harper Construction, Inc. $2,936,132.10
04. TEK Construction Inc. $3,068,021.00
05. McClure and Sons, Inc. $3,081,034.00
06. Granite Petroleum, Inc. $3,547,328.40
07. Saybr Contractors, Inc. $4,587,449.90
Engineer's Estimate $2,927,727.00
EXHIBITS: 640 Pressure Zone Booster Station bid tabulation
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: Included in budgeted Water Fund expenses.
MOTION: Award the 640 Pressure Zone Booster Station Project to Prospect
Construction, Inc. in the amount of $2,728,427.90 and authorize the Mayor
to sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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640 Pressure Zone Booster Station
Bid Opening: December 4, 2OIB, 11:00 AM
TOT
116 23rd St. SE
Puyallup. WA 98372
pect Construction, Inc.
7.907
1
Harbor Pacific Contractors, Inc.
19628 744th Ave. NE, Suite A
Woodinville, W A 9807 2-4435
2
Gary Harper Construction Inc.
14831 223rd St. SE
Snohomish, WA 98296-3989
132.10
3
1980 W. Bakerview Rd
Bellingham, WA 98226
4
Construction, Inc.
DESCRIPTIONITEM
NO.
QTY UNIT UNIT
PRICE
TOTAL
AMOUNT
UNIT
PRICE
TOTAL
AMOUNT
UNIT
PRICE
TOTAL
AMOUNT
UNIT
PRICE
TOTAL
AMOUNT
I Mob¡lization
2 Project Sign
3 Locate Existing Util¡ties
4 Pothol¡ng
5 Catch Bas¡n Protection
6 Temporary Erosion Control
7 Excavation Safety Systems
B Clearing and Grubbing
9 Earthwork
10 Unsuitable Excavation
11 Foundation Gravel
12 Booster Station Building
13 Booster Station Site Piping
L4 Booster Station Build¡ng Piping
15 Check Valve Utility Vault
16 20-HP Horlzontal Split Case Pumps
77 125-HP Horizontal Split Case Pumps
18 Electrical
19 Instrumentation and SCADA
20 Generator, Fuel Tank, and Transfer Switch
2L HMA Class 7/2', PG 5BH-22
22 S¡teRestoration/Landscaping
23 PSIPE Cornus Kousa (2 inch Caliper)
24 PSIPE Osmanthus Delavayi (5 Gallon Container)
25 PSIPE Spiraea Japonica (2 Gallon Container)
26 SPCC Plan
27 Erosion/WaterPollutionControl
28 Minor Changes
1LS
1EA
1LS
BEA
3EA
1LS
1LS
1LS
1LS
50 cY200 ToN
1LS
1LS
1LS
1LS
2EA
2EA
1LS
1LS
1LS
55 TON
1LS
6EA
33 EA
319 EA
1LS
1FA
1 CALC
WATER:
SUB TOTAL
loolo SALES TAX
200,000.00
700.00
400.00
350.00
250.00
5,000.00
3,000.00
7,000.00
80,000.00
48.00
65.00
866,L42.00
150,000.00
250,000.00
25,000.00
30,000.00
50,000.00
330,000.00
150,000.00
160,000.00
152.00
25,000.00
600.00
s6.00
31.00
500.00
1s,000.00
10,000.00
$200,000.00
$700.00
$400.00
$2,800.00
$750.00
$5,000.00
$3,000.00
$7,000.00
$80,000.00
$2,400.00
$ I 3,000.00
$866, 142.00
$150,000.00
$250,000.00
$25,000.00
$60,000.00
$ 100,000.00
$330,000.00
$ 150,000.00
$160,000.00
$8,360.00
$25,000.00
$3,600.00
$ 1,848.00
$9,889.00
$500.00
$1 s,000.00
$ 10,000.00
.90
$2,48O,389.O0
264,000.00
3,000.00
5,000.00
520.00
1 15.00
10,000.00
3,000.00
10,000.00
25,000.00
30.00
45.00
995,966.00
140,000.00
220,000.00
30,000.00
30,000.00
55,000.00
325,000.00
175,000.00
176,000.00
163.00
32,000.00
540.00
38.00
30.00
1,000.00
15,000.00
10,000.00
$264,000.00
$3,000.00
$s,000.00
$4,160.00
$34s.00
$10,000.00
$3,000.00
$ 10,000.00
$2s,000.00
$ 1,500.00
$9,000.00
$995,966.00
$140,000.00
$220,000.00
$30,000.00
$60,000.00
$ 1 10,000.00
$325,000.00
$ 17s,000.00
$176,000.00
$8,96s.00
$32,000.00
$3,240.00
ir,254.O0
$9,s70.00
$1,000.00
$ 15,000.00
$10,000.00
.oo
$2,648,O0O,OO
209,900.00
1,200.00
900.00
500.00
80.00
10,600.00
8,600.00
25,600.00
27,OO0.00
31.00
44.00
904,000.00
154,800.00
2 13,100.00
47,400.00
3 1,600.00
53,800.00
363,400.00
179,800.00
202,300.00
402.00
70,900.00
840.00
95.00
44.00
1,000.00
15,000.00
10,000.00
$209,900.00
$1,200.00
$900.00
$4,000.00
$240.00
$ 10,600.00
$8,600.00
$2s,600.00
$27,000.00
$ 1,ss0.00
$8,800.00
$904,000.00
$1s4,800.00
$2 13,100.00
$41,400.00
$63,200.00
$ 107,600.00
$363,400.00
$ 179.800.00
$202,300.00
$22,1 10.00
$70,900.00
$s,040.00
$3,135.00
$14,036.00
$ 1,000.00
$15,000.00
$10,000.00
$2,669,211.OO
2L.tO
275,000.00
1,000.00
3,000.00
500.00
500.00
5,000.00
10,000,00
3,000.00
20,000.00
100.00
30.00
1,000.000.00
100,000.00
300,000.00
40,000.00
40,000.00
70,000.00
300,000.00
200,000.00
200,000.00
200.00
40,000.00
700.00
50.00
40.00
1,000.00
15,000.00
10,000.00
$275,000.00
$ 1,000.00
$3,000.00
$4,000.00
$1,s00.00
$s,000.00
$10,000.00
$3,000.00
$20,000.00
$s,000.00
$6,000.00
$1,000,000.00
$ 100,000.00
$300,000.00
$40,000.00
$80,000.00
$ 140,000.00
$300,000.00
$200,000.00
$200,000.00
$ 1 1,000.00
$40,000.00
$4,200.00
$ 1,6s0.00
$ 1 2,760.00
$ 1,000.00
$ 1s,000.00
$ 10,000.00
$2,789,r1O.O0
l1.oo
CONTRACT TOTA 1 132.10 o21.OO
64O Pressure Zone Booster Station
Bid Opening: December 4,2018,11:00 AM
TOTAL
McClure and Sons, Inc.
15714 Country Club Dr
Mill Creek, WA 98012
5
PO Box 6167
Spokane, W A 99277
28.40547
6
n¡te Petroleum, Inc.Saybr Contractors, Inc.
3852 S. 66th St.
547
7
wA 98409
Engineer's Estimate
Bryan Bond
27 727.OO
ITEM
NO.
DESCRIPTION QTY UNIT UNIT
PRICE
TOTAL
AMOUNT
UNIT
PRICE
TOTAL
AMOUNT
UNIT
PRICE
TOTAL
AMOUNT
UNIT
PRICE
TOTAL
AMOUNT
R:
Mobilization
Project Sign
Locate Existing Utilities
Potholing
Catch Basin Protection
Temporary Erosion Control
Excavation Safety Systems
Clearing and Grubbing
Earthwork
Unsu¡table Excavation
Foundation Gravel
Booster Station Bu¡lding
Booster Station Site Piping
Booster Station Building Piping
Check Valve Utility Vault
20-HP Horizontal Split Case pumps
125-HP Horizontal Split Case pumps
Electrical
Instrumentat¡on and SCADA
Generator, Fuel Tank, and Transfer Switch
HMA Class U2", Pc 58H-22
Site Restoration/Landscaping
PSIPE Cornus Kousa (2 inch Caliper)
PSIPE Osmanthus Delavayi (5 Gallon Container)
.PSIPE Spiraea Japonica (2 Gallon Container)
SPCC Plan
.Erosion/Water Pollution Control
M¡nor Changes
1LS
1EA
lLS
BEA
3EA
1LS
1LS
1LS
1LS
50 cY200 ToN
1LS
1LS
lLS
1LS
2EA
2EA
1LS
1LS
1LS
55 TON
1LS
6EA
33 EA
319 EA
1LS
1FA
1 CALC
WA TE
1
2
3
4
5
6
7
B
9
10
11
t2
13
I4
15
16
t7
1B
19
20
2L
22
23
24
25
26
27
28
SUB TOTAL
10o/o SALES TAX
150,000.00
1,000.00
3,000.00
1,000.00
50.00
8,000.00
5,000.00
12,000.00
60,000.00
85.00
40.00
933,500.00
2s0,000.00
270,000.o0
40,000.00
30,000.00
s6,000.00
368,000.00
185,000.00
235,000.00
1 75.00
35,000.00
600.00
50.00
35.00
2,000.00
15,000.00
10,000.00
$ 150,000.00
$1,000.00
$3,000.00
$8,000.00
$ 150.00
$8,000.00
$s,000.00
$ 12,000.00
$60,000.00
$4,2s0.00
$8,000.00
$933.s00.00
$2s0,000.00
$270,000.00
$40.000.00
$60,000.00
$1 12,000.00
$368,000.00
$ 18s,000.00
$235,000.00
$9,62s.00
$35,000.00
$3,600.00
$1,650.00
$1 1,165.00
$2,000.00
$ 15,000.00
$10,000.00
$2,800,940.OO
108,976.00
2,639.00
968.00
L,254.O0
109.00
6,063.00
12,588.00
27,704.00
1 15,284.00
245.00
64.49
7,228,I77.00
198,258.00
327,209.00
37,577.00
30,990.00
s4,599.00
433,636.00
t42,827.00
289,188.00
184.00
29,631.O0
726.00
67.00
38.00
3,63 1.00
15,000.00
10,000.00
$108,976.00
$2,639.00
$968.00
$10,032.00
$327.00
$6,063.00
$ 12,588.00
$27,704.0O
$ 1 15,284.00
$ 1 2,2s0.00
$ 12,898.00
$r,228,77r.0O
$198,258.00
$327,209.00
$37 ,577.O0
$61,980.00
$ 109,198.00
$433,636.00
$742,827.0O
$289,188.00
$ 10,120.00
$29,63 1.00
$4,3s6.00
$2,2 1 1.00
çt2,r22.00
$3,63 1.00
$ 1 5,000.00
$10,000.00
i3,224,844.OO
383,854.00
1, 190.00
2,92r.00
222.00
89.00
12,801.00
3,392.00
16,017.00
53,807.00
3,250.00
55.00
1,084,884.00
233,822.00
9 12,369.00
33,653.00
38,378.00
64,677.00
404,391.00
t79,274.00
3 16,005.00
32 1.00
76,237.00
650.00
75.00
55.00
7,684.00
15,000.00
10,000.00
$383,8s4.00
$1,190.00
$2,92 1. oo
$1,776.00
$267.00
$ 1 2,801.00
$3,392.00
$ 16,0 17.00
$s3,807.00
$162,500.00
$ 1 1,000.00
$1,084,884.00
$233,822.00
$9 1 2,369.00
$33,653.00
$76,756.O0
$129,234.00
$404,391.00
$779,274.O0
$3 16,00s.00
$ 1 7,6ss.00
$76,237.00
$3,900.00
$2,47s.O0
$17,545.00
$7,684.00
$1s,000.00
$ 10,000.00
.907
i4,t7o,4o9.oo
255,000.00
2,000.00
5,000.00
s00.00
500.00
5,000.00
5,000.00
5,000.00
120,000.00
65.00
50.00
900,000.00
2 16,000.00
205,000.00
30,000.00
40,000.00
92,000.00
325,000.00
51,000.00
150,000.00
300.00
4s,000.00
350.00
50.00
30.00
5,000.00
15,000.00
10,000.00
$255,000.00
$2,000.00
$5,000.00
$4,000.00
$ 1,s00.00
$s,000.00
$5,000.00
$s,000.00
$120,000.00
$3,2s0.00
$10,000.00
$900,000.00
$216,000.00
$205,000.00
$30,000.00
$80,000.00
$184,000.00
$32s,000.00
$s1,000.00
$ 1s0,000.00
$16,500.00
$45,000.00
$2,100.00
$1,6s0.00
$9,s70.00
$5,000.00
$1s,000.00
$ 10,000.00
$2,661,570.O0
157.OO
CONTRACT TOTAL 547 24.40 .oo
EXECUTIVE SESSION
A. Potential Litigation, as per RCW 42.30.110(1)(i)
B. Collective Bargaining, as per RCW 42.30.140(4)(a)
ACTION AFTER EXECUTIVE SESSION
ADJOURNMENT
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committed to building
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sustainable and
inclusive community.
Kent – where people choose
to live and businesses
change the world
Our vision
mission