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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 01/08/2018 (2)Unless otherwise noted, the Public Committee meets at 4 p.m. on the first and third Monday of each month in Kent City Hall, Council Chambers East, 220 Fourth Ave S, Kent, WA 98032. For additional information, contact Cheryl Viseth via email at cviseth@KentWA.gov, or 253-856-5504. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. Public Works Committee Agenda Councilmembers: Brenda Fincher  Toni Troutner  Dennis Higgins, Chair January 08, 2018 4:00 p.m. SPECIAL MEETING Item Description Action Speaker Time Page 1.Call to Order -- Chair 01 -- 2.Roll Call -- Chair 01 -- 3.Changes to the Agenda -- Chair 01 -- 4.December 4, 2017 Minutes - Approval YES None 03 03 5.Acceptance of TIB Grant/132nd Ave SE Walking Path from 240th to 248th St - Recommend YES Drew Holcomb 10 09 6.Transportation Improvement Program Amendments - Recommend YES April Delchamps 15 13 7.Cooperative Watershed Management Grant for Downey Farmstead – Recommend YES Matt Knox 05 19 8.King County Water Works Grant for Green River Watershed Center Design– Recommend YES Matt Knox 05 29 9.King County Water Works Grant for Lake Fenwick – Recommend YES Matt Knox 05 45 10.Info Only Mill Creek Parking Update NO Kelly Peterson 15 61 11.Info Only/ Quiet Zone - Update NO Chad Bieren 05 63 12.Info Only/ Public Works Refunding NO Aaron BeMiller 10 65 1 This page intentionally left blank 2 PUBLIC WORKS COMMITTEE Minutes City of Kent, WA Summary Minutes Date: December 04, 2017 Time: 4:00 p.m. Place: Chambers East 1. Call to Order: The meeting was called to order at 4:02 p.m. by Committee member Higgins. 2. Roll Call: Committee members, Dennis Higgins, Dana Ralph and Brenda Fincher were present. Council member Higgins chaired the meeting. Absent: N/A 3. Changes to the Agenda: Item 12.5 Clark Springs Transmission Main Break 4. Approval of Minutes, Dated November 20, 2017 Committee member Fincher MOVED to approve the Minutes of November 20, 2017. The motion was SECONDED by Committee member Ralph and PASSED 3 - 0. 5. Watershed Resource Inventory Area 8 Chinook Habitat Conservation Plan - Recommend Mike Mactutis, Environmental Engineering Manager noted that this is a follow up to a presentation that was given in August. The WRIA 8 Forum has recently approved the Chinook Conservation Plan Update and forwarded it to agencies for ratification. The City of Kent’s Clark Springs watershed is included in WRIA 8 and the city reviewed the plan. The intent of the plan is to provide recommendations for actions to restore and protect salmon habitat along with a 10-year implementation schedule. The City would consider the plan when making management decisions in the Rock Creek watershed. The City would not implement any plan requirement or goal if doing so would negatively affect the Clark Springs water supply. Ratification of the Habitat Plan would convey the City’s support for using the goals, processes, actions, funding and management approaches, and projects included in the Plan. Committee member Ralph MOVED to recommend council authorize a resolution ratifying, with conditions, the Watershed Resource Inventory Area (WRIA) 8 Chinook Salmon Conservation Plan, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher. The motion PASSED 3-0. 3 6. Information Only/Lower Lowest Russell Road – Update Mike Mactutis, Environmental Engineering Manager noted that the Lower Russell Road Levee Project is being designed by King County staff under the King County Flood Control District and in partnership with the City of Kent. The project will reconstruct the right bank of the river between South 212th Street and South 228th Street, including a levee setback, relocation of Van Doren’s Park, and construction of habitat features along the river. Mactutis said that two Interlocal Agreements are being drafted, one for maintenance and the other for property acquisition. The project is slated to be completed in 2020. The project budget is $52 million. 7. Meet Me on Meeker Design and Construction Standards Hayley Bonsteel, Senior Long Range Planner noted that the Meet Me on Meeker draft design and construction standards have undergone extensive revisions since the first draft was presented in September. Staff has worked collaboratively to resolve all comments and address internal and external stakeholder needs. Bonsteel went on to state that the standards have been simplified and amended for the best balance of practicality with aspiration. The standards show a cross section that generally represents the “full build” goal for Meeker, so that any major redevelopment will contribute fully to the Meet Me on Meeker vision; only the areas between Washington Avenue and the Route 167 underpass show a reduced cross section representing the best connectivity that can reasonably be expected given right of way constraints. Across the corridor, not all projects will require the full build. Major redevelopment would merit the full cross section as shown in the standards; limited redevelopment would merit proportionally limited frontage improvements. Prioritization has been developed to help guide case-by-case decisions on how to implement the cross section while preserving the essence of the project. The standards show enhanced streetscape elements that may result in increased maintenance costs, compared to other city streets. Both privately maintained frontage and publicly maintained frontage will benefit from cost-saving measures that have now been identified and included in the standards. The final draft represents staff’s best efforts to maximize the project goals for the lowest possible future cost and have striven for a final product that balances the needs for economic revitalization through increased investment with the fiscal realities of construction and maintenance costs. For example, the pedestrian connector zones were originally designed with individual pavers; these have been revised to a more affordable cement concrete option. Additionally, lower maintenance installation methods are recommended based on lessons learned from projects elsewhere in the region. The standards now also reflect the switch to historic streetscape elements at 4th Avenue as well as the “transition zone” choices as per the Kent Downtown Partnership’s comment letter, presented at previous meetings and attached to this memo. Also attached are comment letters from other stakeholders, as well as (in some cases) city responses to the comments. A public hearing was held on November 27, 2017, at the Land Use and Planning Board (LUPB) meeting. The LUPB voted unanimously to recommend approval of the ordinance and the Meeker Street Streetscape Design and Construction Standards. Staff will be available at the December 4th meeting to go over the project at a high level, summarize public comment, and answer questions. 4 Committee member Fincher MOVED to recommend Council adopt an ordinance establishing a design and construction overlay for the Meeker Street corridor, as provided in the Meeker Street Streetscape Design and Construction Standards and as presented by staff. The motion was SECONDED by Committee member Ralph. The motion PASSED 3-0. 8. Information Only/Naden Avenue Property – Potential Local Improvement District (LID) Tim LaPorte, Public Works Director and Kurt Hanson, ECD Deputy Director, noted that the city is planning to surplus the properties assembled in the vicinity of Naden Avenue between Willis Street and Meeker Street. These properties have been owned by the city for some time. A number of infrastructure improvements will be needed to develop the property including a new right-in right-out turn lane from Willis Street (SR 516), a water main loop for fire flow demand for the proposed new structures, storm drainage facilities, etc. Staff is reviewing the advantages to the city to form a Local Improvement District (LID) to finance some of these infrastructure improvements to facilitate the development and make it more attractive to potential investors. No decisions were made at this time. 9. Information Only/Snow & Ice Preparations - Update Bill Thomas, Street Manager noted that staff begins preparing for winter snow and ice response starting in late summer and early fall, by coordinating with adjoining jurisdictions including King County to make sure our life line routes and Transit snow routes are identified.  Materials are purchased in late summer or early fall; in the event we have a prolonged snow event we are able to restock as needed  We have three stockpiles sites, two of the sites are where sanders are loaded;  Anti-ice material tanks located at Operations have an 8,000 capacity which translates to about 8 loads of material. Material is ordered when we are at less than 50% capacity. Turn-around time is about 72 hours.  Bridges and roadways are typically pre-treated with anti-ice treatment to prevent black ice  Anti-icing begins when frost is in the forecast for morning commuters  Trucks begin spraying road surfaces the night before when temperatures are at 40 degrees or less. Snow and Ice Routes  First priority response - major connections on both east and west hills  Secondary roads are attended to only after the primary roads are under control this can take as much as 4 – 6  James Street is often closed due to its steep grade and the resources it would require to keep it open  Third priority response are residential collectors - can take up to 24 hours  Due to safety and resources we will not clear residential roads. The only exception is for fire or police assistance  Both the Anti-ice and Priority Route Maps are available to view on the City of Kent website at https://www.kentwa.gov/residents/transportation-and- streets/snow-and-ice-response-plan. 5 10. Information Only/650 Pressure Zone Update Bryan Bond Engineering Project Coordinator gave an update on the status of the 640 Pressure Zone noting that this topic was last discussed in December of 2016. Bond noted that this project is going out to bid this month with bids opening in early January. Bond noted that numerous construction projects have been completed for the 640 Zone to date: • 3 Large Pressure Reducing Valves (PRVs) • Numerous Pipeline and Valve Improvements • 4.0 million gallon 640 Zone Water Reservoir Constructed in 2011 Bond further noted that individual pressure reducing valves for the North section of the 640 Zone. Of the 543 parcels, 618 individual PRVs are needed to keep service pressures within international plumbing code recommended values and below internal appliance thresholds for items such as; ice makers, dish washers, and washing machines. An extensive outreach process started back in February that included informational mailings about the upcoming project, right of entry notification packets for approval, Condo Association meetings, phone calls and door knocking to all the non-responding property owners. Staff also took steps to include use of bilingual employees along with the language line to ensure residents were able to understand the project at the meetings. 11. Information Only/Meeker Street Underpass Lighting Kelly Peterson, AICP, Transportation Manager noted that the Economic and Community Development Department (ECD) worked with the Kent Downtown Partnership to secure funding for colorful LED lighting for the Meeker Street/SR167 underpass. Public Works was brought in last summer to assist ECD with the development of specifications and advertise the project for bids. Bids were opened in September and all bids exceeded the engineer’s estimate. Traffic Signal staff researched sources for the light fixtures and found suppliers throughout the country with significantly lower prices. As a result, the fixtures have been purchased directly by the City consistent with the purchasing policy. The City has talented traffic signal technicians with the technical expertise to complete the installation. Work plans have been adjusted to complete this project in-house and within budget. Half of the fixtures have arrived and work will commence in December. Signal tech crews will complete the project as expeditiously as possible, but traffic signal issues will remain their first priority. The project is expected to be complete early in 2018. 12. Information Only/Mill Creek Parking Issues Kelly Peterson, AICP, Transportation Manager noted that the Sounder train has become very popular since service started in 2000 from (Seattle to Tacoma) with 4.3 million boarding’s in 2016. Peterson noted that Kent is one of the busiest stations but unfortunately, parking demand is greater than parking supply. Peterson showed an aerial map of some of the Sound Transit designated parking areas 1. Parking Garage at Smith and Ramsey Way 2. Parking Lot South of James at 1st Ave North 6 3. Parking Lot South of James off of Railroad Ave. North 4. Parking Lot at 1st Ave North at the East side of the Parking Garage Peterson stated that unfortunately, that parking isn’t always enough. Staff is aware that people that are riding the Sounder are parking in areas of downtown where we do not have parking restrictions such as on Kennebeck, Temperance, Woodford, State and George. Sound Transit has funding for a second parking garage that will provide 490-550 additional parking stalls, which is slated to open in approximately 2023 near the train station. The location of the second garage was approved by Sound Transit in November 2017. The next steps include environmental review, design and construction. Peterson stated that the Lincoln Park and Ride is an under-utilized option that is being explored. Staff will be evaluating the impact of commuter parking and potential solutions to parking concerns. 12. Information Only/Quiet Zone Kelly Peterson, AICP, Transportation Manager noted that the agreement for the Union Pacific Constant Warning Time Installation has been signed and sent off to the Union Pacific. ADDED ITEM 12.5. Information Only/Watermain Break at SE 276th St & 216th Ave SE & Maple Valley Tim LaPorte, Public Works Director noted that this water transmission line is 15 miles long and was built almost 60 years ago. A portion of this line developed a leak on Thursday, November 30. Crews tested and analyzed the water and determined it was ours. By Friday morning crews found that the pipe was too deep for city-owned equipment (12-14 ft.) so they called Scarsella Brothers who worked through the night into the next day to complete the repair. Jack Peterson Jack Peterson 10 year old son of Kelly Peterson, Transportation Manager attended today’s meeting because he was chosen by his teacher to be the Mayor, of Biz Town, a project that their class is participating in through Junior Achievement. Adjournment: At 5:49 p.m., Committee Chair Higgins declared the meeting adjourned. Cheryl Viseth, Committee Secretary 7 This page intentionally left blank 8 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: January 8, 2018 TO: Public Works Committee Members FROM: Drew Holcomb, P.E., Design Engineer THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer SUBJECT: Acceptance of TIB Grant for 132nd Ave SE Pedestrian Improvements from S. 240th St. to S. 248th St. - Recommend SUMMARY: The city competed for and was successful in receiving a $640,640 grant from the Washington State Transportation Improvement Board for the 132nd Ave Pedestrian Improvements Project from S. 240th St. to S. 248th St. This grant finances 80% of the project to construct a continuous walkway from S. 240th St. to S. 248th St. connecting pedestrians to the recently completed walkway from S. 248th St. to Kent Kangley Rd. This project will maximize available funding to construct sidewalks or paved paths to provide the biggest benefit to the community. The Transportation Master Plan identifies multiple projects that would widen 132nd Ave SE to 5 lanes within this project area including curb, gutter, sidewalks and bicycle lanes on both sides at an estimated cost of nearly $50 Million. Funding for the project as outlined in the TMP has not been identified and is unlikely for the foreseeable future. Therefore, constructing an asphalt path would provide pedestrian connectivity until sufficient funding becomes available. EXHIBIT: None BUDGET IMPACT: Increase in the street fund project budget of $640,640. City funds of $160,160 are required as a 20% batch for the grant. Staff will work with Finance to determine the source for matching funds. Motion: Move to recommend Council authorize the Mayor to sign the Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement and Project Funding Status Form for the 132nd Ave Pedestrian Improvements Project S. 240th St. to S. 248th St., subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 9 This page intentionally left blank 10 TIB Members Cha¡r Comm¡ss¡oner R¡chard Stevens Grant County Vice Cha¡r Mayor Patty Lent C¡ty of Bremerton Amy Asher RiverCit¡es Trãnsit Washington Sfafe Transportation lmprovement Board November 17,2017 Mr. Tim LaPorte, P.E. Public Works Director City of Kent 220 4th Avenue South Kent, WA 98032-5838 o"^, ¡l#o,t", Congratulations! We are pleased to announce the selection of your project, 132nd Avenue SE (North), SE 240th to SE 248tn, TIB project number P-P-106(P04)-1. Total ïlB funds for this project are $640,640. Before any work is allowed on this project, you must: . Verify the information on the Project Funding Status Form, revise if necessary, and sign;o Submit the section of your adopted Six Year Transportation Plan listing this project;. Sign both copies of the Fuel Tax Grant Distribution Agreement; and¡ Return the above items to TIB; You may only incur reimbursable expenses after you receive approval from TlB. ln accordance with RCW 47.26.084, you must certify full funding by November 17, 2018 or the grant may be terminated. Grants may also be rescinded due to unreasonable project delay as described in WAC 479-05-211. lf you have questions, please contact Greg Armstrong, TIB Prolect Engineer, at (360) 586-1 142 or e-mail GreoA@TlB.wa.oov. 'ffi\rç,^ço Executive Director Aaron Butters, P.E. HW Lochner lnc. Jeff Carpenter, P.E. WSDOT Elizabeth Chamberla¡n C¡ty of Walla Walla Commiss¡oner Ter¡i Drexler Mason County Gary Ekstedt, P.E. Yakima county Mayor Glenn Johnson C¡ty of Pullman John Klekotka, P.E. Port of Everett Commissioner Robert Koch Frankl¡n County John Koster County Road Adm¡n¡strat¡on Board Barbarã châmber¡ã¡n WSDOT colleen Kuhn Human Seruices Counc¡ì Mayor Ron Lucas Town of steilacoom Mick Matheson, P.E. C¡ty of Muk¡lteo Ê. Susan Meyer Spokane Trans¡t Author¡ty Laura Ph¡lpot, P.E. City of Maple Valley Dav¡d Ramsay Feet First Mart¡n Snell Clark County Ashley Probart Exécut¡ve D¡rector P.O. Box 40901 Olymp¡a, WA 98504-0901 Phone:360-586-11.40 Fax: 360-586-1165 www.tib.wa.gov Enclosures lnvesting in your local community 11 This page intentionally left blank 12 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: January 8, 2018 TO: Public Works Committee Members FROM: April Delchamps, Senior Transportation Planner THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer SUBJECT: Amendment to the 2018-2023 Six-Year Transportation Improvement Program - Recommend SUMMARY: This proposed amendment to the Six Year Transportation Improvement Program (TIP) will add three projects to ensure eligibility for upcoming grant opportunities. State and most Federal grant programs typically require that projects/programs be listed in the most current. Projects proposed for addition to the Six Year TIP are as follows. Veteran’s Drive - This project will connect Veteran’s Drive to WSDOT’s SR 509 Gateway Project by constructing a new roadway under I-5 from Military Rd to the I- 5 Southbound off-ramp. The project will include the construction of full-width paving; concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. This project will improve the connection between the Sea-Tac International Airport, the Sea Port of Seattle and the Kent Manufacturing/Industrial Center. Meet Me On Meeker (Driving Range) – This project will construct new sidewalk and multimodal pathway along city-owned driving range frontage on Meeker Street consistent with the Meet Me on Meeker Design Standards. The project will include construction of concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. Meet Me On Meeker (Apartments) – This project will replace existing narrow sidewalks with a multimodal pathway consistent with the Meet Me on Meeker Design Standards east of Russell Road. The project will include construction of concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. EXHIBIT: Project Sheets BUDGET IMPACT: Each project or program within the TIP has a different budget impact as noted in the project narrative. Motion: Move to recommend Council set February 6, 2018 as the date for a Public Hearing on the Amended 2018-2023 Six-Year Transportation Improvement Program. 13 This page intentionally left blank 14 2018-2023 CITY OF KENT SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1 PROJECT #26: Veteran’s Drive Extension Military Rd to I-5 Southbound Off-ramp YEAR: 2025 expected completion DESCRIPTION: Complete a missing link by constructing a new roadway from Military Rd to the I-5 Southbound off-ramp, including an intersection with the northbound on-ramp to I-5 and an undercrossing of I-5. The project will include the construction of full-width paving; concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering .... $2,765,000 $ Figures from WSDOT Right of Way Acquisition .. $10,270,000 $ Figures from WSDOT Construction ................. $38,585,000 $ Figures from WSDOT TOTAL ........................ $51,620,000 $ Figures from WSDOT Secured Funding ............. $45,374,000 Connecting Washington Acct. FUNDING SOURCE(S): To be determined: The most desired sources include the Connecting Washington Account a Federal STP Grant and the Port of Seattle PROJECT JUSTIFICATION: This project will improve the connection between the Sea-Tac International Airport, the Sea Port of Seattle and the Kent Manufacturing/Industrial Center. This project reduces traffic congestion on local roads and highways by completing a direct connection between Seattle and the Kent Valley. The project reduces traffic on SR516, improving operations of the interchange. PROJECT #27: Meet Me on Meeker Connecting Segment 1: Driving Range Driving range from Colony Park apartment driveway to Russell Road 15 2018-2023 CITY OF KENT SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2 YEAR: 2022 expected completion DESCRIPTION: Complete a missing link by constructing new sidewalk and multimodal pathway along city-owned driving range frontage. The project will include construction of concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering ....... $300,000 Right of Way Acquisition ................ $0 Construction .................. $1,000,000 TOTAL .......................... $1,300,000 Secured Funding ........................... $0 FUNDING SOURCE(S): City of Kent (Placemaking Fund) Puget Sound Regional Council grants (CMAQ/Non-Motorized Set Aside) PROJECT JUSTIFICATION: Private development on the former Par-3 property (“Marquee on Meeker”) will construct the Meet Me on Meeker promenade along approximately 1,200 feet of frontage. Private development at 64th and Meeker will construct the promenade along approximately 1,000 feet of property frontage, mandating connections between these two large segments. This project provides approximately 700 feet of promenade connection between Russell Road and the eastern edge of the Marquee project, and when combined with the apartment frontage project (“Segment 2”), will connect the two privately developed segments for a total promenade length of approximately 3,500 feet. This will improve safety and aesthetics along this important commercial corridor. PROJECT #28: Meet Me on Meeker Connecting Segment 2: Apartments Russell Road to western edge of private development property YEAR: 2022 expected completion 16 2018-2023 CITY OF KENT SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 3 DESCRIPTION: Complete a missing link by constructing new sidewalk and multimodal pathway along private property but within the public ROW. The project will include construction of concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering ....... $350,000 Right of Way Acquisition ................ $0 Construction .................. $1,150,000 TOTAL .......................... $1,500,000 Secured Funding ........................... $0 FUNDING SOURCE(S): City of Kent (Placemaking Fund) Puget Sound Regional Council grants (CMAQ/Non-Motorized Set Aside) PROJECT JUSTIFICATION: Private development at 64th and Meeker will construct the Meet Me on Meeker promenade along approximately 1,000 feet of property frontage. Private development on the former Par-3 property will construct the promenade along approximately 1,200 feet of frontage, mandating connections between these two large segments. This project provides approximately 700 feet of promenade connection between Russell Road and the western edge of the 64th and Meeker project, and when combined with the city-owned driving range frontage (“Segment 1”), will connect the two privately developed segments for a total promenade length of approximately 3,500 feet. This will improve safety and aesthetics along this important commercial corridor. 17 This page intentionally left blank 18 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: January 8, 2018 TO: Public Works Committee Members FROM: Matt Knox, Environmental Supervisor THROUGH: Mike Mactutis, P.E., Environmental Engineering Manager Chad Bieren, P.E. Deputy Director / City Engineer SUBJECT: Cooperative Watershed Management (CWM) Grant for Downey Farmstead Restoration Project – Recommend SUMMARY: The City of Kent proposes to construct nearly 2,000 LF of side channel tributary to the Green River to provide rearing and refuge habitat for threatened Chinook and other salmon species. This grant agreement will fund $882,799 of the expected $5.8 Million habitat construction cost and will also provide $120,000 of additional funding to move utilities (Puget Sound Energy and CenturyLink) out of the way of the habitat work. EXHIBIT: Agreement for award of Cooperative Watershed Management Grant Funds between City of Kent and King County BUDGET IMPACT: Previous grants in the amount of $884,057 have been secured to relocate Frager Road out of the way of the future habitat work (Phase I). These new grants help provide match for the previous grants and bring the total grant funding for this project to $1,886,856 to date. Future grant allocations are expected later in 2018 and 2019 to fund construction of the project. Motion: Move to recommend Council authorize the Mayor to sign a grant agreement with King County accepting Cooperative Watershed Management grants in the amount of $1,002,799 for Downey Farmstead Restoration and Frager Road Utility Relocation, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 19 This page intentionally left blank 20 Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 1 of 8 AGREEMENT FOR AWARD OF COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS BETWEEN CITY OF KENT AND KING COUNTY This Agreement is made between King County, a municipal corporation, and City of Kent (“Recipient”), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to April 30, 2020. Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079, Kim.harper@kingcounty.gov. Primary Contact for Recipient: Matt Knox, Environmental Ecologist, 253-856-5551, Mknox@kentwa.gov. SECTION 1. RECITALS 1.1 Whereas, the King County Flood Control District (“District”) is a quasi-municipal corporation of the State of Washington, authorized to provide funding for cooperative watershed management arrangements and actions for purposes of water quality, water resource, and habitat protection and management; 1.2 Whereas King County is the service provider to the District under the terms of an interlocal agreement ("ILA") by and between King County and the District, dated February 17, 2009, as amended, and as service provider implements the District's annual work program and budget; 1.3 Whereas, the Board of Supervisors of the District (the “Board”), the District’s governing body, passed Resolution FCD 2016-20.2 on November 7, 2016, authorizing the King County executive or his designee to develop and administer a grant award program of up to $4,390,296 in 2017 for water quality, water resources and habitat restoration and management projects and activities allocated in the amounts of $871,474 for the Snoqualmie Watershed, $1,646,361 for WRIA 8, $1,646,361 for WRIA 9, and $226,100 for WRIA 10 projects in King County, provided that the project list is approved by the Board; 1.4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service provider to the District, King County has established a grant award program, called the Cooperative Watershed Management Award Program, to fund water quality, water resources and habitat restoration and management projects and activities; 1.5 Whereas, the Recipient submitted applications to its respective WRIA forum or committee for the Projects, as described in Exhibit A attached hereto and incorporated herein by this reference, and that body has recommended the Projects for funding under the Cooperative Watershed Management Grant Program in accordance with King County’s Cooperative Watershed Management Grant Program Policies and Procedures, a 21 Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 2 of 8 copy of which has been furnished by King County to the Recipient and which are incorporated herein by this reference (“Grant Policies and Procedures”); 1.6 Whereas the District’s Board of Supervisors has received a list of proposed projects that includes the Projects, and the Board of Supervisors has approved the Projects for funding up to the amount of $1,002,799 as follows: $882,799 for the Project titled “Downey Farmstead Side Channel Restoration”, and $120,000 for the Project titled “Downey Farmstead – Frager Road Utility Relocation”; 1.7 Whereas King County has received Scopes of Work and Budgets for the Projects from the Recipient and has determined that the Scopes of Work, attached hereto and incorporated herein as Exhibit B-1 and B-2, collectively referred to as “Scopes of Work”, and the Budgets, attached hereto and incorporated herein as Exhibit C (“Budget Summary”), are consistent with the Grant Policies and Procedures; 1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions under which King County will provide funding from the District in accordance with the Policies and Procedures, and the Recipient will implement the Projects. SECTION 2. AGREEMENT 2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this reference. 2.2. King County agrees to award the Recipient an award in the total amount of $1,002,799 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Projects. King County shall pay the Recipient in accordance with the Grant Policies and Procedures. 2.3. The Recipient represents and warrants that it will only use the Award for the Scopes of Work of this Agreement and in accordance with the Project Budgets. The Recipient shall be required to refund to King County that portion of the Award which is used for work or tasks not included in the Scopes of Work. Further, the Recipient agrees that King County may retain any portion of the Award that is not expended or remains after completion of the Scopes of Work and issuance of the Final Report, as further described below. 2.4. Activities carried out for these Projects and expenses incurred by the Recipient may predate the execution date of this Agreement provided that 1) they have been identified by Recipient as being within the scopes of numbers 2) and 3) below, and have been approved by King County as being within such scopes; 2) The activities are specified in the Scopes of Work of this Agreement; 3) the expenses are incurred in carrying out the Scopes of Work and are authorized by the Award as identified in the Budgets of this Agreement; 4) such activities and expenses otherwise comply with all other terms of this Agreement; and 5) such activities and expenses do not occur prior to the date the grants 22 Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 3 of 8 were approved by the District and reimbursements shall be paid to the Recipient only after this Agreement has been fully executed. 2.5. The Recipient shall invoice King County for incurred expenses using the Request for Payment form and Progress Report form for those documented and allowable expenses identified in the Budgets and according to the rules set forth in the Grant Policies and Procedures. Blank forms shall be provided to the Recipient by King County upon execution of this Agreement. Progress reports for each project (with or without requests for payment) shall be made no less frequently than every six months after the effective date of this Agreement nor more frequently than every three months after the aforementioned date. A Progress Report form shall be submitted with all payment requests. A one-time advance may be allowed, in the discretion of King County, for expenses anticipated to be incurred in the three months following the date of submission of the advance Request for Payment only for work that is included in the Scopes of Work of this Agreement, and identified as such in the Request for Payment. Documentation of payments made from advances shall be submitted to King County prior to any further requests for payment. 2.6. The Recipient shall be required to submit to King County a final report which documents the Recipient’s completion of the work in conformance with the terms of this Agreement within thirty (30) days after the completion of the work. The final report may be submitted on the Close-out Report form unless a more detailed final report is specified in the scope of work. A blank Close-out Report form shall be provided to the Recipient by King County upon execution of this Agreement. The final report shall include a summary of the Project’s successes and shall address the watershed benefits accomplished by the work. 2.7. The Recipient's expenditures of Award funds shall be separately identified in the Recipient's accounting records. If requested, the Recipient shall comply with other reasonable requests made by King County with respect to the manner in which Project expenditures are tracked and accounted for in the Recipient's accounting books and records. The Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles as further described in Section 2.8 below, and to meet the requirements of all applicable state and federal laws. 2.8. The Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS") or Generally Accepted Accounting Principles set forth by the Financial Accounting Standards Board or by the Governmental Accounting Standards Board. 2.9. King County or its representative, and the District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. The Recipient shall cooperate with King County and the District in any such audit. 23 Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 4 of 8 2.10. The Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established by the Washington State Archivist Local Government Common Records Retention Schedule (CORE) as revised. 2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. The Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the District, their elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property arising out of any acts or omissions of the Recipient, its employees, agents, contractors or subcontractors in performing its obligations under the terms of this Agreement. 2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project on all literature, signage or press releases related to the Project. SECTION 3. GENERAL PROVISIONS 3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 3.2. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3. No amendment to this Agreement shall be binding on any of the parties unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4. Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. 3.5. The Projects shall be completed by no later than April 30, 2020. In the event that the Projects are not completed by this date, King County has the discretion, but not the obligation, to terminate this Agreement and retain any unexpended Award funds. 3.6. This Agreement may be signed in multiple counterparts. 24 Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 5 of 8 3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable under applicable law, such provision will be ineffective to that extent only, without in any way affecting the remaining parts or provision of this Agreement, and the remaining provisions of this Agreement shall continue to be in effect. 3.8. The amount of the Award has been fully funded by the District. To the extent that funding of the Award requires future appropriations by the King County Council, King County’s obligations are contingent upon the appropriation of sufficient funds by the King County Council to complete the Scope of Work. If no such appropriation is made, this Agreement will terminate at the close of the appropriation year for which the last appropriation that provides funds under this Agreement was made. This document has been approved as to form by the King County Prosecuting Attorney’s Office as of July 15, 2016. KING COUNTY: RECIPIENT: By By Name Name Title Title Date Date 25 Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 6 of 8 EXHIBIT A: Project Descriptions WRIA PROJECT RECIPIENT DESCRIPTION MATCH AWARD 9 Downey Farmstead Side Channel Restoration City of Kent The City of Kent will construct nearly 2,000 LF of side channel to the Green River to provide rearing and refuge habitat for threatened Chinook and other salmon species. The project will also provide 130- acre feet of flood storage to reduce flooding in nearby urban and agricultural areas. $937,003 $882,799 9 Downey Farmstead Restoration – Frager Road Utility Relocation In order to create space for the future full- build out of the Downey Farmstead project and to maximize shading and habitat creation, the current utilities (Puget Sound Energy and CenturyLink) that serve homes along Frager Road need to be moved out of the way (they currently bisect the future habitat area). This grant request will partially fund utility relocation. $80,000 $120,000 TOTALS $1,017,003 $1,002,799 Project Location Lower Green-Duwamish Watershed near the confluence of Mullen Slough and the Green River between RM 21.5 and RM 22.3. 1 26 Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 7 of 8 EXHIBIT B-1: Scope of Work for Downey Farmstead Side Channel Restoration Task Title Task Description (Include Activities and Deliverables) Estimated Percent of Total Budget Month/Year Task will be Completed Task 1: Project Administration Submit reimbursement request forms, backup documentation for billing, and progress reports at least every 6 months. Submit a Fiscal Closeout form and a Closeout Report form with the final reimbursement request. 0% As needed Task 2: Construction Contract to build the side channel network including:  Mobilization for construction including signage, traffic control  Erosion control, clear and grub and remove trees (to be used as slash in engineered log jams);  Excavate, haul and dispose of 240,000 CY of soil including isolation of new channel from main Green River flow to build the side channel connections and engineered log jams;  Importing and incorporating compost into the finished soils;  Construction and placement of 50 large wood structures;  Planting of over 40,000 native plants;  Installing erosion control fabric and mulching and/or seeding all exposed surfaces. 90% Dec. 2019 Task 3: Contract management, inspection and administration 10% Mar. 2020 EXHIBIT B-2: Scope of Work for Downey Farmstead Restoration – Frager Road Utility Relocation Task Title Task Description (Include Activities and Deliverables) Estimated Percent of Total Budget Month/Year Task will be Completed Task 1: Project Administration Submit reimbursement request forms, backup documentation for billing, and progress reports at least every 6 months. Submit a Fiscal Closeout form and a Closeout Report form with the final reimbursement request. 2% As needed Task 2: Engineering, design and installation (including inspection) of poles on either side of river, install guying for poles, frame poles, trench and tie into existing underground conduit on west side of river to new pole and install new junction vault. For CenturyLink utility, include 250’ of directional bore to place new PVC to connect to new PSE pole. 0% June 2017 Task 3: Secure Aquatic Utility Easement from WA State DNR for aerial crossing of river 5% December 2018 Task 4: Run new cable through conduit, splice existing cable and string new PSE power cable across river to new poles, test and activate new facility and remove existing poles and line along Frager Road. 70% March 2018 Task 5: Run new cable through conduit, splice existing cable and string new CenturyLink cable to PSE poles, test and activate new connection, and remove existing cable along Frager Road. 23% March 2018 27 Project Names: Award Numbers: Project No. 1: Downey Farmstead Side Channel Restoration 4.9.17.001 Project No. 2: Downey Farmstead Restoration – Frager Road Utility Relocation 4.9.17.002 Page 8 of 8 EXHIBIT C: Budget Summary Budget Item Grant Award Amount Downey Farmstead Side Channel Restoration Downey Farmstead Frager Road Utility Relocation Totals Staffing $73,378 $2,000 $75,378 Project Supplies $1,533 $1,533 Commercial Services & Crew Time $733,777 $118,000 $851,777 Other (Taxes on Construction) $74,111 $74,111 Total $882,799 $120,000 $1,002,799 28 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: January 8, 2018 TO: Public Works Committee Members FROM: Matt Knox, P.W.S., Environmental Supervisor THROUGH: Mike Mactutis, P.E., Environmental Engineering Manager Chad Bieren, P.E. Deputy Director / City Engineer SUBJECT: King County Water Works Grant for Green River Watershed Center Design Grant – Recommend SUMMARY: One of the primary goals of the city’s Green River Natural Resources Area (GRNRA) is to provide educational opportunities and promote environmental awareness. This grant would provide funds to hire a consultant to complete a conceptual design and perform a marketing / feasibility / use and programming analysis of a proposed Green River Watershed Center at the GRNRA. A site at the GRNRA has been reserved for this Center and it has been a goal to provide this educational facility ever since planning for the GRNRA began in the late 1980’s. Feedback from previous grant applications for this proposed Center identified a need to complete a marketing analysis to determine the highest and best use of the facility and to ascertain the most effective messaging techniques. Completion of this analysis is expected to make this proposed center and its design more competitive for future grant funding. This grant will provide this needed first step. EXHIBIT: King County WaterWorks Grant Agreement BUDGET IMPACT: No additional funds are required. This grant will fund preliminary design and analysis of this proposed facility. Future grant funds will be sought for final design and construction. Motion: Move to recommend Council authorize the Mayor to sign a grant agreement with King County in the amount of $50,000 to complete a feasibility and use analysis and conceptual design of the proposed Green River Watershed Center. This grant agreement will be subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 29 This page intentionally left blank 30 2017 WaterWorks Council Allocated Grant Agreement Cover Page Year:2017 Project Name:Green River Watershed Center, Design & Analysis Recipient:City of Kent Funding Amount:$50,000.00 Project Summary Construction of a watershed education center at the Green River Natural Resources Area in Kent will educate the public on how people and aquatic and terrestrial wildlife can coexist. Funding from this grant will be used to complete a conceptual feasibility and programming plan to excite partners and funders about the desire and possibilities of this education center. Primary Contact:Matt Knox Phone:253-579-5764 Email:mknox@kentwa.gov Start Date: End Date:November 30, 2019 31 Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 1 of 12 WaterWorks Grant Program Grant Agreement AGREEMENT between City of Kent and KING COUNTY This is an Agreement between City of Kent, hereinafter the “RECIPIENT” and King County, a political subdivision of the state of Washington, hereinafter the “COUNTY.” This Agreement is effective as of the date of the COUNTY signatory. The purpose of this Agreement is to set forth the terms, conditions, and the legal and administrative relations that apply to the RECIPIENT in exchange for financial assistance in carrying out a proposed project entitled Green River Watershed Center, Design & Analysis, hereinafter the “PROJECT.” Section 1. Background and Recitals: A. Proposed PROJECT benefit or improvement to water quality and/or the regional wastewater treatment system and its ratepayers: Construction of a watershed education center at the Green River Natural Resources Area in Kent will educate the public on how people and aquatic and terrestrial wildlife can coexist. Funding from this grant will be used to complete a conceptual feasibility and programming plan to excite partners and funders about the desire and possibilities of this education center. B. The COUNTY plans and proposes to remunerate the RECIPIENT for the purpose described in Subsection A above in an amount up to, but not exceeding $50,000.00, hereinafter the “AWARD.” C. This AWARD is made with the understanding that the RECIPIENT will complete the PROJECT as outlined in the Scope of Work (Exhibit A) and will fulfill reporting requirements as described under the Terms and Conditions of this Agreement. D. The RECIPIENT plans to contribute to this PROJECT a cash and/or in-kind match valued at $5,000.00, to be verified in submitted PROJECT reports. Section 2. Terms and Conditions: A. The PROJECT shall be in accordance with the tasks and activities specified in the Scope of Work (Exhibit A). Any modifications must be requested in an Agreement Amendment and be approved by the Director of the Wastewater Treatment Division (WTD) in the COUNTY’s Department of Natural Resources and Parks. 32 Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 2 of 12 B. The COUNTY will, upon execution of this Agreement, establish procedures to allow payment to the RECIPIENT of all eligible expenses for approved activities up to the limit of the AWARD. Payments are on a reimbursement basis; except in special circumstances, at the discretion of the COUNTY, where advances of a portion of the AWARD may be made. Twenty percent (20%) of the AWARD amount will be withheld by the COUNTY until receipt of the final Quarterly Progress and Expense Reports and the Closeout Reports. C. The RECIPIENT’s expenditures of AWARD funds shall be separately identified in the RECIPIENT’s accounting records. If requested, the RECIPIENT shall comply with other reasonable requests made by the COUNTY with respect to the manner in which PROJECT expenditures are tracked and accounted for in the RECIPIENT’s accounting books and records. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles, and to meet the requirements of all applicable state and federal laws. D. The COUNTY will reimburse RECIPIENT for expenses on a quarterly basis, following receipt and approval of Quarterly Reports and a Closeout Report. Twenty percent (20%) of the AWARD will be held back until a close-out verifies fiscal and programmatic compliance with the terms and conditions of the agreement. 1. The RECIPIENT shall be responsible for submitting the following PROJECT progress reports: Quarterly Reports (including narrative and expense sections), Closeout Report (including narrative and expense sections); including backup documentation such as photos, copies of articles, and financial backup such as copies of receipts. 2. Quarterly Report narrative and expense sections shall be submitted together using the online system using the provided format and following instructions from WaterWorks grant administrators. a. The Quarterly Reports are due thirty (30) days after the end of each quarter. b. If no expenses are made during a quarter, no Expense section is needed. However, the narrative section should still be submitted and indicate that no expenses were made during that time period. c. The expense section should detail expenses and include backup documentation of expenses. The narrative section should include documentation proving the project activities took place, such as photos, workshop agenda, volunteer sign in sheets, etc. 3. The Closeout Report shall be submitted online using the provided format and following instructions from the WaterWorks grant administrator and will include closeout documentation. 33 Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 3 of 12 a. The Final Closeout reports are due thirty (30) days after the end date of the PROJECT or not later than December 31, 2019. E. Failure to submit the aforementioned Quarterly Report on the PROJECT progress within ninety (90) days of the due date may be cause for the COUNTY to terminate this agreement for non-performance. Termination would require the return of any funds advanced but not already spent executing the PROJECT, as well as forfeiture of AWARD funds for activities not completed by termination date. F. Failure to provide all of aforementioned documentation may result in the need to withhold part or all of the AWARD. G. Costs eligible for payment shall be limited to those costs identified in the Budget (Exhibit B) and incurred during the effective dates of this Agreement. H. Any and all activities to be funded by this Agreement to the RECIPIENT shall be completed by November 30, 2019. If needed, an Agreement Amendment may be granted to extend the terms of the contract beyond the end date, adjust the scope of work, or change the budget details (but not increase the total AWARD amount), conditioned upon approval by KING COUNTY. The extension must be requested and approved at least sixty (60) days in advance of the original end date. I. The RECIPIENT agrees to acknowledge the COUNTY in all media, publications, and signage that are produced as part of the PROJECT. This includes press releases, public service announcements, posters, flyers, signage, Web pages, blogs, and videos. The RECIPIENT will use the wording provided in Exhibit C of this Agreement (Credit and Disclaimers). Section 3. Legal and Administrative Relations: A. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles and to meet the requirements of all applicable state and federal laws. The RECIPIENT shall maintain and submit to the COUNTY any such records as the COUNTY may require to conduct any audit of the PROJECT it may elect to conduct or to substantiate expenditures paid for by this AWARD. The RECIPIENT shall maintain and retain books and records related to the Agreement for at least three (3) years after the termination of said Agreement. B. The COUNTY’s financial assistance to the RECIPIENT shall be construed by the parties as a special disbursement to the RECIPIENT to fund activities, as described herein that generally benefit the COUNTY’s efforts to leverage or complement the water quality mission of the regional wastewater system. The COUNTY’s sole obligation under this agreement shall be to provide funds to the RECIPIENT and this agreement shall not be construed as a contract for services between the RECIPIENT and the COUNTY, or as 34 Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 4 of 12 establishing a principal agent relationship between the COUNTY and the RECIPIENT. No joint venture or partnership is formed as a result of this Agreement. C. The RECIPIENT shall be solely responsible for the recruiting, training, and supervision of its employees and volunteers. Individuals hired and paid by the RECIPIENT shall not, in any event, be construed to be employees of, or contractors to, the COUNTY and the RECIPIENT shall defend, indemnify and hold harmless the COUNTY from any and all claims arising from any contention that said individuals are employees of, or contractors to, the COUNTY. This condition shall survive the termination of this Agreement. All actions undertaken under the funding provided by the terms of this agreement are, as between the COUNTY and the RECIPIENT, the sole responsibility of the RECIPIENT. No employees, agents, volunteers, or contractors of RECIPIENT shall be deemed, or represent themselves, to be employees of the COUNTY. D. RECIPIENT agrees for itself, its successors, assigns or by others including, without limitation, all persons directly or indirectly employed by RECIPIENT, or any agents, contractors, subcontractors, consultants, subconsultants, volunteers, licensees or invitees of RECIPIENT, to defend, indemnify, and hold harmless the COUNTY, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to RECIPIENT’s exercise of rights, privileges, and obligations under this Agreement, except for the COUNTY’s sole negligence. RECIPIENT’s obligations under this section shall include, but not be limited to all of the following: (i) The duty to promptly accept tender of defense and provide defense to the COUNTY with legal counsel acceptable to the COUNTY at RECIPIENT’s own expense; (ii) Indemnification of claims made by RECIPIENT’s own employees or agents; and (iii) Waiver of RECIPIENT’s immunity under the industrial insurance provisions of Title 51 R.C.W. but only to the extent necessary to indemnify the COUNTY, which waiver has been mutually negotiated by the Parties. In the event it is necessary for the COUNTY to incur attorney’s fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from RECIPIENT. The provisions of this Section 3.D shall survive the expiration, abandonment, or termination of this Agreement. E. Nothing in this Agreement shall be construed as prohibiting the RECIPIENT from undertaking or assisting projects developed outside the purview of this Agreement, or entering into agreements with other parties to undertake said projects in accordance with whatever terms and conditions may be agreed to between the RECIPIENT and other parties. F. The COUNTY shall be under no obligation to continue this agreement and may request partial or full reimbursement of payments it made to the RECIPIENT should the RECIPIENT fail to perform according to the terms and conditions of this Agreement, whether or not failure to perform is within the RECIPIENT’s control. 35 Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 5 of 12 G. This Agreement may be amended at any time by written concurrence of the parties through a formalized Amendment Agreement Form and will terminate upon fulfillment of all obligations contained herein. H. The COUNTY may terminate this Agreement immediately for cause. If this Agreement is terminated the RECIPIENT shall return any unused portion of the funds advanced up to the date of termination. I. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. J. In its performance under this Agreement the RECIPIENT shall not discriminate against any person on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression, age except by minimum age, and retirement provisions, unless based upon a bona fide occupational qualification, and the RECIPIENT shall not violate any of the terms of chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal, state, or local law or regulation regarding nondiscrimination in employment. K. Authority: Representations and Warranties. Each signatory to this Agreement represents and warrants that he or she has full power and authority to execute and deliver this Agreement on behalf of the entity for whom he or she is signing. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile transmission, by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. M. The effective date of this agreement is the date of COUNTY signatory. 36 Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 6 of 12 AGREEMENT SIGNATURE PAGE City of Kent by: Signature:_____________________________________________________________________ Dana Ralph, Mayor Date: ______________________________ KING COUNTY by: Signature: _____________________________________________________________________ Mark Isaacson, Division Director, Wastewater Treatment Division Date: ______________________________ 37 Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 7 of 12 EXHIBIT A: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT’s activities to be performed under this agreement to complete the PROJECT. All activities in the following tasks, including deliverables, must be completed by the expiration date of this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. * Complete a marketing / feasibility / use and programming analysis to ascertain the potential usage of the proposed facility, demographics of expected visitors, and to determine the GRWC’s highest and best use and most effective messaging techniques. Goals and target audiences for the GRWC and its primary messages will be developed and presented in this analysis. * A draft and finalized analysis will be completed and be available to present to potential funders, advocates and decision makers to support fund-raising and construction of a Green River Watershed Center. * Conceptual design and cost estimate of the GRWC - after the analysis mentioned in Goal One is completed, a conceptual design will be drawn-up that best meets the goals and objectives identified in the analysis. * A draft and finalized conceptual design and cost estimate will be completed that meets the goals and objectives identified in the marketing / feasibility / use and programming analysis described above. NA NA Success with this conceptual design and analysis would mean that funders, partners and advocates would jump on-board and help us complete design and then support construction, operation and maintenance of this educational facility into the future. This support would turn into thousands of contacts with school children and adults encouraging them to think about their individual actions and their effects on this watershed. It is hoped that at least some of these contacts would leave a lasting impression and help instill an environmental ethic that they would in-turn pass onto others. 38 Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 8 of 12 EXHIBIT B: BUDGET Costs are limited to those approved by the COUNTY in the current Budget. Costs should be reasonable and necessary to carry out the task. All activities and PROJECT expenditures must be completed according to this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. An Agreement Amendment must be completed and approved to change a scope of work, request an extension, or if the budget expenditure category might deviate more than ten percent (10% of Grand Total). For more information, contact your grant administrator. A B C D E F G BUDGET CATEGORY ITEMS: Description (rate or unit x quantity) GRANT AWARD CASH MATCH IN-KIND MATCH CATEGORY SUBTOTAL SOURCE OF MATCH (indicate if pending or secured) Staff salaries & benefits $0.00 Staff salary using billing or fully burdened rates Administer & Oversee Consultant Design and Analysis $5,000.00 $5,000.00 City of Kent Utility Fund Project supplies, materials, and equipment $0.00 Commercial services $0.00 Consultant/contractor services Analysis, Conceptual Design and Cost Estimate $50,000.00 $50,000.00 Transportation $0.00 Other costs $0.00 Project Subtotal $50,000.00 $0.00 $5,000.00 $55,000.00 Overhead $0.00 Grand TOTAL $50,000.00 $0.00 $5,000.00 $55,000.00 39 Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 9 of 12 EXHIBIT C: ACKNOWLEDGEMENTS AND DISCLAIMERS Logo and logo standards: For electronic versions of the official logos and logo standards, contact your grant administrator. The above logo must be included on all printed documents and electronic media produced in carrying out the PROJECT. This includes signage, posters, documents, brochures, flyers, newsletters, newspaper advertising, Web pages, blogs, and videos. Credit for materials produced as part of the PROJECT: Acknowledge PROJECT funding by including the following sentence with the logo: This project is funded by the King County Wastewater Treatment Division If your PROJECT has multiple funders, it can say: This project is funded in part by the King County Wastewater Treatment Division Disclaimer language: For items where opinions or advice or a list of organizations or businesses are included in the copy (e.g., an interpretive panel, a guidebook, or a directory), please add the following disclaimer sentence: The content herein does not constitute an endorsement by King County government, its employees, or its elected and appointed officials. 40 Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 10 of 12 EXHIBIT D: AGREEMENT TERMS AND PROCEDURES ACKNOWLEDGMENT: Please acknowledge KING COUNTY in all written and electronic media (publications, signage, press releases, public service announcements, posters, flyers, Web pages, videos, PowerPoint presentations, etc.). Refer to Exhibit C for further information. ADVANCE: Advance payments are allowed in some cases at the discretion of the COUNTY; documentation of payments made from advances shall be submitted to the COUNTY prior to any further requests for AWARD funds. AGREEMENT AMENDMENT: This document must be completed and approved to change a scope of work, request an extension, or if the budget (Exhibit B) might deviate in any PROJECT cost categories by an amount equal to or greater than ten percent (10%) of the total AWARD amount. This form is available from your grant administrator. BALANCE OF AWARD: Any amount of your AWARD not spent on this PROJECT must be returned to KING COUNTY, if an advance was issued. CLOSEOUT REPORT: This report documents the successful completion of the PROJECT according to the scope of work. The Closeout Report is due thirty (30) days after the end of your agreement period and must be submitted online, following instructions from the WaterWorks grant administrator. This includes two sections: 1. Financial Closeout documenting the records of expenditures for the PROJECT (reconcile your project expenses, award, cash, and in-kind match). 2. Narrative Closeout documenting the successful completion of the PROJECT according to the scope of work. The final report will include a narrative, outreach materials, copies of communication materials, and tools created for and about the PROJECT. ELIGIBLE CHARGES: Only expenses in the categories listed in the budget page of this grant agreement can be covered by this AWARD and only up to the indicated amount without prior authorization. FINANCIAL RECORDS: Maintain a record of your expenditures to conform to generally accepted accounting principles. Retain records for at least three (3) years after the end date of your agreement. It is highly recommended that if you use a computer to track your project expenses you assign a code to this grant. If you keep track of your expenses manually, you will need to make copies of your receipts or other “manual” documents. This way, you will be able to document your expenses. MATCH: Keep track of cash and/or in-kind match amount as it is described in your budget (Exhibit B) because it must be documented in your Financial Closeout Report (Exhibit H). MILESTONE: Milestones are considered significant actions or events marking important progress or change in the stage of development of the 41 Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 11 of 12 QUARTERLY REPORTS: This report includes two sections; a progress section that provides a status report on the progress of activities and goals identified in the scope of work; and an expense section for reimbursement of costs each quarter. The quarterly reports are due thirty (30) days after the end of each quarter. SCOPE OF WORK): Keep track of your activities as they relate to the scope of work you provided. You will have to document the progress when submitting your Quarterly Reports and Closeout Report. START DATE: The start date of this agreement is the date of the COUNTY signatory. Expenses can be posted as of the start date of your agreement but not sooner. (Same thing as Effective Date.) 42 Agreement between City of Kent and King County Green River Watershed Center, Design & Analysis– Round 2 WQIP 2017 Page 12 of 12 EXHIBIT E: FUNDING AUTHORITY The funding authority for this AWARD comes from the COUNTY, through its Department of Natural Resources and Parks, which operates a regional system of sewage treatment and conveyance facilities for which it collects charges from local governments. Said charges constitute the source of revenue for operation of the COUNTY’s sewage treatment system. By agreement with said local governments, this revenue can be used only to fund expenditures that are related to the development, operation, maintenance, and replacement and improvement of said system. By budget authority, the COUNTY funds activities related to the regional water quality objectives advanced by the development of the sewage treatment system. 43 This page intentionally left blank 44 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: January 8, 2018 TO: Public Works Committee Members FROM: Matt Knox, P.W.S., Environmental Supervisor THROUGH: Mike Mactutis, P.E., Environmental Engineering Manager Chad Bieren, P.E. Deputy Director / City Engineer SUBJECT: King County WaterWorks Grant for Lake Fenwick – Recommend SUMMARY: Lake Fenwick is on the “303d list” – the nation’s list of impaired waterbodies, for phosphorus pollution. This excess phosphorus comes from stormwater from the surrounding Lake Fenwick watershed. A “hypolimnetic aerator” – basically a large fish-tank bubbler, was installed in the lake in 1994 to help sequester this phosphorus pollution to help reduce large algae blooms in the lake. This aerator has helped improve lake water quality conditions for the past 23 years. However, the amount of phosphorus pollution in the lake has now exceeded the aerator’s capacity. This grant, along with other grant funding from the King County Flood Control District (KCFCD) and staff time provided by the City of Kent Drainage Utility will fund the full permitting, design and construction of an upgraded aeration system. EXHIBIT: King County WaterWorks Grant Agreement BUDGET IMPACT: There will be in-kind match of city staff time and direct costs totaling $45,000 which would come from the stormwater fund. Motion: Move to recommend Council authorize the Mayor to sign a grant agreement with King County in the amount of $89,000 to help fund an upgrade to the Lake Fenwick aeration system. This grant agreement will be subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 45 This page intentionally left blank 46 2017 WaterWorks Council Allocated Grant Agreement Cover Page Year:2017 Project Name:Lake Fenwick Aerator Upgrade Recipient:City of Kent Funding Amount:$89,000.00 Project Summary Design, permit, and construct a new aeration system to improve the water quality of Lake Fenwick. This will imrpove the oxygen delivery system to meet the current and future demands of the lake. It is expected that this upgraded aeration system will have a lifespan of more than 20 years and be able to keep-up with current and future lake oxygen demand which will, in-turn, reduce future water quality issues and exceedance of water quality standards. Primary Contact:Matt Knox Phone:253-579-5764 Email:mknox@kentwa.gov Start Date: End Date:November 30, 2019 47 Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 1 of 12 WaterWorks Grant Program Grant Agreement AGREEMENT between City of Kent and KING COUNTY This is an Agreement between City of Kent, hereinafter the “RECIPIENT” and King County, a political subdivision of the state of Washington, hereinafter the “COUNTY.” This Agreement is effective as of the date of the COUNTY signatory. The purpose of this Agreement is to set forth the terms, conditions, and the legal and administrative relations that apply to the RECIPIENT in exchange for financial assistance in carrying out a proposed project entitled Lake Fenwick Aerator Upgrade, hereinafter the “PROJECT.” Section 1. Background and Recitals: A. Proposed PROJECT benefit or improvement to water quality and/or the regional wastewater treatment system and its ratepayers: Design, permit, and construct a new aeration system to improve the water quality of Lake Fenwick. This will imrpove the oxygen delivery system to meet the current and future demands of the lake. It is expected that this upgraded aeration system will have a lifespan of more than 20 years and be able to keep-up with current and future lake oxygen demand which will, in-turn, reduce future water quality issues and exceedance of water quality standards. B. C. The COUNTY plans and proposes to remunerate the RECIPIENT for the purpose described in Subsection A above in an amount up to, but not exceeding $89,000.00, hereinafter the “AWARD.” D. This AWARD is made with the understanding that the RECIPIENT will complete the PROJECT as outlined in the Scope of Work (Exhibit A) and will fulfill reporting requirements as described under the Terms and Conditions of this Agreement. E. The RECIPIENT plans to contribute to this PROJECT a cash and/or in-kind match valued at $240,000.00, to be verified in submitted PROJECT reports. Section 2. Terms and Conditions: A. The PROJECT shall be in accordance with the tasks and activities specified in the Scope of Work (Exhibit A). Any modifications must be requested in an Agreement Amendment 48 Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 2 of 12 and be approved by the Director of the Wastewater Treatment Division (WTD) in the COUNTY’s Department of Natural Resources and Parks. B. The COUNTY will, upon execution of this Agreement, establish procedures to allow payment to the RECIPIENT of all eligible expenses for approved activities up to the limit of the AWARD. Payments are on a reimbursement basis; except in special circumstances, at the discretion of the COUNTY, where advances of a portion of the AWARD may be made. Twenty percent (20%) of the AWARD amount will be withheld by the COUNTY until receipt of the final Quarterly Progress and Expense Reports and the Closeout Reports. C. The RECIPIENT’s expenditures of AWARD funds shall be separately identified in the RECIPIENT’s accounting records. If requested, the RECIPIENT shall comply with other reasonable requests made by the COUNTY with respect to the manner in which PROJECT expenditures are tracked and accounted for in the RECIPIENT’s accounting books and records. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles, and to meet the requirements of all applicable state and federal laws. D. The COUNTY will reimburse RECIPIENT for expenses on a quarterly basis, following receipt and approval of Quarterly Reports and a Closeout Report. Twenty percent (20%) of the AWARD will be held back until a close-out verifies fiscal and programmatic compliance with the terms and conditions of the agreement. 1. The RECIPIENT shall be responsible for submitting the following PROJECT progress reports: Quarterly Reports (including narrative and expense sections), Closeout Report (including narrative and expense sections); including backup documentation such as photos, copies of articles, and financial backup such as copies of receipts. 2. Quarterly Report narrative and expense sections shall be submitted together using the online system using the provided format and following instructions from WaterWorks grant administrators. a. The Quarterly Reports are due thirty (30) days after the end of each quarter. b. If no expenses are made during a quarter, no Expense section is needed. However, the narrative section should still be submitted and indicate that no expenses were made during that time period. c. The expense section should detail expenses and include backup documentation of expenses. The narrative section should include documentation proving the project activities took place, such as photos, workshop agenda, volunteer sign in sheets, etc. 49 Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 3 of 12 3. The Closeout Report shall be submitted online using the provided format and following instructions from the WaterWorks grant administrator and will include closeout documentation. a. The Final Closeout reports are due thirty (30) days after the end date of the PROJECT or not later than December 31, 2019. E. Failure to submit the aforementioned Quarterly Report on the PROJECT progress within ninety (90) days of the due date may be cause for the COUNTY to terminate this agreement for non-performance. Termination would require the return of any funds advanced but not already spent executing the PROJECT, as well as forfeiture of AWARD funds for activities not completed by termination date. F. Failure to provide all of aforementioned documentation may result in the need to withhold part or all of the AWARD. G. Costs eligible for payment shall be limited to those costs identified in the Budget (Exhibit B) and incurred during the effective dates of this Agreement. H. Any and all activities to be funded by this Agreement to the RECIPIENT shall be completed by November 30, 2019. If needed, an Agreement Amendment may be granted to extend the terms of the contract beyond the end date, adjust the scope of work, or change the budget details (but not increase the total AWARD amount), conditioned upon approval by KING COUNTY. The extension must be requested and approved at least sixty (60) days in advance of the original end date. I. The RECIPIENT agrees to acknowledge the COUNTY in all media, publications, and signage that are produced as part of the PROJECT. This includes press releases, public service announcements, posters, flyers, signage, Web pages, blogs, and videos. The RECIPIENT will use the wording provided in Exhibit C of this Agreement (Credit and Disclaimers). Section 3. Legal and Administrative Relations: A. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles and to meet the requirements of all applicable state and federal laws. The RECIPIENT shall maintain and submit to the COUNTY any such records as the COUNTY may require to conduct any audit of the PROJECT it may elect to conduct or to substantiate expenditures paid for by this AWARD. The RECIPIENT shall maintain and retain books and records related to the Agreement for at least three (3) years after the termination of said Agreement. B. The COUNTY’s financial assistance to the RECIPIENT shall be construed by the parties as a special disbursement to the RECIPIENT to fund activities, as described herein that generally benefit the COUNTY’s efforts to leverage or complement the water quality mission of the regional wastewater system. The COUNTY’s sole obligation under this 50 Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 4 of 12 agreement shall be to provide funds to the RECIPIENT and this agreement shall not be construed as a contract for services between the RECIPIENT and the COUNTY, or as establishing a principal agent relationship between the COUNTY and the RECIPIENT. No joint venture or partnership is formed as a result of this Agreement. C. The RECIPIENT shall be solely responsible for the recruiting, training, and supervision of its employees and volunteers. Individuals hired and paid by the RECIPIENT shall not, in any event, be construed to be employees of, or contractors to, the COUNTY and the RECIPIENT shall defend, indemnify and hold harmless the COUNTY from any and all claims arising from any contention that said individuals are employees of, or contractors to, the COUNTY. This condition shall survive the termination of this Agreement. All actions undertaken under the funding provided by the terms of this agreement are, as between the COUNTY and the RECIPIENT, the sole responsibility of the RECIPIENT. No employees, agents, volunteers, or contractors of RECIPIENT shall be deemed, or represent themselves, to be employees of the COUNTY. D. RECIPIENT agrees for itself, its successors, assigns or by others including, without limitation, all persons directly or indirectly employed by RECIPIENT, or any agents, contractors, subcontractors, consultants, subconsultants, volunteers, licensees or invitees of RECIPIENT, to defend, indemnify, and hold harmless the COUNTY, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to RECIPIENT’s exercise of rights, privileges, and obligations under this Agreement, except for the COUNTY’s sole negligence. RECIPIENT’s obligations under this section shall include, but not be limited to all of the following: (i) The duty to promptly accept tender of defense and provide defense to the COUNTY with legal counsel acceptable to the COUNTY at RECIPIENT’s own expense; (ii) Indemnification of claims made by RECIPIENT’s own employees or agents; and (iii) Waiver of RECIPIENT’s immunity under the industrial insurance provisions of Title 51 R.C.W. but only to the extent necessary to indemnify the COUNTY, which waiver has been mutually negotiated by the Parties. In the event it is necessary for the COUNTY to incur attorney’s fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from RECIPIENT. The provisions of this Section 3.D shall survive the expiration, abandonment, or termination of this Agreement. E. Nothing in this Agreement shall be construed as prohibiting the RECIPIENT from undertaking or assisting projects developed outside the purview of this Agreement, or entering into agreements with other parties to undertake said projects in accordance with whatever terms and conditions may be agreed to between the RECIPIENT and other parties. F. The COUNTY shall be under no obligation to continue this agreement and may request partial or full reimbursement of payments it made to the RECIPIENT should the 51 Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 5 of 12 RECIPIENT fail to perform according to the terms and conditions of this Agreement, whether or not failure to perform is within the RECIPIENT’s control. G. This Agreement may be amended at any time by written concurrence of the parties through a formalized Amendment Agreement Form and will terminate upon fulfillment of all obligations contained herein. H. The COUNTY may terminate this Agreement immediately for cause. If this Agreement is terminated the RECIPIENT shall return any unused portion of the funds advanced up to the date of termination. I. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. J. In its performance under this Agreement the RECIPIENT shall not discriminate against any person on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression, age except by minimum age, and retirement provisions, unless based upon a bona fide occupational qualification, and the RECIPIENT shall not violate any of the terms of chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal, state, or local law or regulation regarding nondiscrimination in employment. K. Authority: Representations and Warranties. Each signatory to this Agreement represents and warrants that he or she has full power and authority to execute and deliver this Agreement on behalf of the entity for whom he or she is signing. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile transmission, by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by facsimile shall be deemed to be their original signatures for all purposes. M. The effective date of this agreement is the date of COUNTY signatory. 52 Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 6 of 12 AGREEMENT SIGNATURE PAGE City of Kent by: Signature:_____________________________________________________________________ Dana Ralph, Mayor Date: ______________________________ KING COUNTY by: Signature: _____________________________________________________________________ Mark Isaacson, Division Director, Wastewater Treatment Division Date: ______________________________ 53 Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 7 of 12 EXHIBIT A: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT’s activities to be performed under this agreement to complete the PROJECT. All activities in the following tasks, including deliverables, must be completed by the expiration date of this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. * Hire a consultant and progress plans to the 60% design level - the design level needed to apply for environmental permits. * 60% aerator upgrade plans will be produced and finalized and environmental permits will be applied for. * Draft and final 100% design plans will be produced and construction specifications will be finalized and the project will be put out for competitive bid. * Final plans and specifications will be completed, competitive bids will be advertised & received and a construction contractor will be chosen. * Construction of the upgraded aerator will be completed and put into operation. * An aeration system that produces nearly twice as much oxygen as the current system will be put into operation. * New aeration system will be maintained and monitored according to manufacturers specifications (and consultant prescribed operation and maintenance protocol if needed). * Dissolved oxygen and phosphorus levels as well as other water quality conditions within Lake Fenwick will be monitored closely as they have been for the past 10-years. * Dissolved oxygen and phosphorus levels within the lake are expected to improve markedly with this action. If performance standards are not being met, adaptive management of the aeration system and other water quality parameters will be undertaken and consultants queried to determine the adjustments needed to meet performance standards. This project will be determined successful once a new upgraded, functional aeration system is installed. This successful system will improve water quality parameters within the lake and improve aesthetics. 54 Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 8 of 12 EXHIBIT B: BUDGET Costs are limited to those approved by the COUNTY in the current Budget. Costs should be reasonable and necessary to carry out the task. All activities and PROJECT expenditures must be completed according to this agreement unless otherwise modified through an Agreement Amendment Form and approved by the COUNTY in writing. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. An Agreement Amendment must be completed and approved to change a scope of work, request an extension, or if the budget expenditure category might deviate more than ten percent (10% of Grand Total). For more information, contact your grant administrator. A B C D E F G BUDGET CATEGORY ITEMS: Description (rate or unit x quantity) GRANT AWARD CASH MATCH IN-KIND MATCH CATEGORY SUBTOTAL SOURCE OF MATCH (indicate if pending or secured) Staff salaries & benefits $0.00 Staff salary using billing or fully burdened rates Contract administration $25,000.00 $25,000.00 Kent staff salaries Project supplies, materials, and equipment $0.00 Commercial services $0.00 Consultant/contractor services Design & construction of aerator, monitoring $89,000.00 $195,000.00 $20,000.00 $304,000.00 Cash- match: KC Sub- Reg. Opp Fund - pending; In-Kind: Kent Utility Fund Transportation $0.00 Other costs $0.00 Project Subtotal $89,000.00 $195,000.00 $45,000.00 $329,000.00 Overhead $0.00 Grand TOTAL $89,000.00 $195,000.00 $45,000.00 $329,000.00 55 Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 9 of 12 EXHIBIT C: ACKNOWLEDGEMENTS AND DISCLAIMERS Logo and logo standards: For electronic versions of the official logos and logo standards, contact your grant administrator. The above logo must be included on all printed documents and electronic media produced in carrying out the PROJECT. This includes signage, posters, documents, brochures, flyers, newsletters, newspaper advertising, Web pages, blogs, and videos. Credit for materials produced as part of the PROJECT: Acknowledge PROJECT funding by including the following sentence with the logo: This project is funded by the King County Wastewater Treatment Division If your PROJECT has multiple funders, it can say: This project is funded in part by the King County Wastewater Treatment Division Disclaimer language: For items where opinions or advice or a list of organizations or businesses are included in the copy (e.g., an interpretive panel, a guidebook, or a directory), please add the following disclaimer sentence: The content herein does not constitute an endorsement by King County government, its employees, or its elected and appointed officials. 56 Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 10 of 12 EXHIBIT D: AGREEMENT TERMS AND PROCEDURES ACKNOWLEDGMENT: Please acknowledge KING COUNTY in all written and electronic media (publications, signage, press releases, public service announcements, posters, flyers, Web pages, videos, PowerPoint presentations, etc.). Refer to Exhibit C for further information. ADVANCE: Advance payments are allowed in some cases at the discretion of the COUNTY; documentation of payments made from advances shall be submitted to the COUNTY prior to any further requests for AWARD funds. AGREEMENT AMENDMENT: This document must be completed and approved to change a scope of work, request an extension, or if the budget (Exhibit B) might deviate in any PROJECT cost categories by an amount equal to or greater than ten percent (10%) of the total AWARD amount. This form is available from your grant administrator. BALANCE OF AWARD: Any amount of your AWARD not spent on this PROJECT must be returned to KING COUNTY, if an advance was issued. CLOSEOUT REPORT: This report documents the successful completion of the PROJECT according to the scope of work. The Closeout Report is due thirty (30) days after the end of your agreement period and must be submitted online, following instructions from the WaterWorks grant administrator. This includes two sections: 1. Financial Closeout documenting the records of expenditures for the PROJECT (reconcile your project expenses, award, cash, and in-kind match). 2. Narrative Closeout documenting the successful completion of the PROJECT according to the scope of work. The final report will include a narrative, outreach materials, copies of communication materials, and tools created for and about the PROJECT. ELIGIBLE CHARGES: Only expenses in the categories listed in the budget page of this grant agreement can be covered by this AWARD and only up to the indicated amount without prior authorization. FINANCIAL RECORDS: Maintain a record of your expenditures to conform to generally accepted accounting principles. Retain records for at least three (3) years after the end date of your agreement. It is highly recommended that if you use a computer to track your project expenses you assign a code to this grant. If you keep track of your expenses manually, you will need to make copies of your receipts or other “manual” documents. This way, you will be able to document your expenses. MATCH: Keep track of cash and/or in-kind match amount as it is described in your budget (Exhibit B) because it must be documented in your Financial Closeout Report (Exhibit H). MILESTONE: Milestones are considered significant actions or events marking important progress or change in the stage of development of the 57 Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 11 of 12 QUARTERLY REPORTS: This report includes two sections; a progress section that provides a status report on the progress of activities and goals identified in the scope of work; and an expense section for reimbursement of costs each quarter. The quarterly reports are due thirty (30) days after the end of each quarter. SCOPE OF WORK): Keep track of your activities as they relate to the scope of work you provided. You will have to document the progress when submitting your Quarterly Reports and Closeout Report. START DATE: The start date of this agreement is the date of the COUNTY signatory. Expenses can be posted as of the start date of your agreement but not sooner. (Same thing as Effective Date.) 58 Agreement between City of Kent and King County Lake Fenwick Aerator Upgrade– Round 2 WQIP 2017 Page 12 of 12 EXHIBIT E: FUNDING AUTHORITY The funding authority for this AWARD comes from the COUNTY, through its Department of Natural Resources and Parks, which operates a regional system of sewage treatment and conveyance facilities for which it collects charges from local governments. Said charges constitute the source of revenue for operation of the COUNTY’s sewage treatment system. By agreement with said local governments, this revenue can be used only to fund expenditures that are related to the development, operation, maintenance, and replacement and improvement of said system. By budget authority, the COUNTY funds activities related to the regional water quality objectives advanced by the development of the sewage treatment system. 59 This page intentionally left blank 60 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: January 8, 2018 TO: Public Works Committee Members FROM: Kelly Peterson, AICP, Transportation Manager THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer SUBJECT: Information Only/Mill Creek Parking Issues SUMMARY: The Sounder train has become very popular since south line service (Seattle to Tacoma) began in 2000. Ridership has increased significantly and additional trains were added in 2017. With the popularity of the Sounder, parking demand has exceeded available parking supply. Sound Transit has funding for a second parking garage that will provide 490-550 additional parking stalls and is slated to open in 2023. The location of the second garage was approved by Sound Transit in November 2017. The next steps include environmental review, design and construction. As a result, of increased ridership, residents in the Mill Creek neighborhood have contacted the City with concerns about train commuters parking on public streets and determining next steps. Staff will be evaluating these concerns. A potential solution is the formation of a residential parking zone for the Mill Creek Neighborhood. Costs associated with the development of a RPZ include the purchase of the permit hangers for visitors, car stickers, mailings, sign installation, development of the work orders and implementation of the program. Violations in a Residential Parking Zone are $50. EXHIBIT: None BUDGET IMPACT: N/A INFORMATION ONLY/NO MOTION REQUIRED 61 This page intentionally left blank 62 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: January 8, 2018 TO: Public Works Committee Members FROM: Chad Bieren P.E., Deputy Director / City Engineer SUBJECT: Information Only/Quiet Zone Update SUMMARY: Staff will give an update on the status of the Quiet Zone. EXHIBIT: None BUDGET IMPACT: N/A Motion: Information Only/No Action Required 63 This page intentionally left blank 64 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: January 8, 2018 TO: Public Works Committee Members FROM: Tim LaPorte, P.E., Public Works Director Aaron BeMiller, Finance Director SUBJECT: Information Only/Public Works Refunding SUMMARY: Making opportunity of the current interest rates and the overall financial health of the utilities, a significant amount of money was saved by refinancing current utility bonds. EXHIBIT: None BUDGET IMPACT: N/A Motion: Information Only/No Action Required 65