HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 4/4/2017adccW15902
CITY OF KENT
Council MeetingAgenda
Mayor Suzette Cooke
Council President Bill Boyce
Councilmembers
Jim Berrios Tina Budell
Brenda Fincher Dennis Higgins
Dana Ralph Les Thomas
April 4, 2017
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KENT CITY COUNCIL AGENDAS
April 4, 2017
Council Chambers
Mayor Suzette Cooke
Council President Bill Boyce
Councilmember Jim Berrios Councilmember Tina Budell
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Dana Ralph Councilmember Les Thomas
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COUNCIL WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Public Works 2017 Streets Work Plan Dave Brock 60 min
Update to Chambers Technology Mike Carrington 15 min
Fireworks Communication Plan Michelle Wilmot 15 min
COUNCIL MEETING AGENDA
7 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Proclamation for Sikh Heritage Day
C. Proclamation for Sexual Assault Awareness Month
D. Proclamation for Earth Day in Kent
E. Spring Art Program
F. Community Events
G. Appointment to the Land Use and Planning Board
H. Appointment to the Kent Parks & Recreation Commission
I. Economic and Community Development Update
J. Intergovernmental Reports
5. PUBLIC HEARING
6. PUBLIC COMMENT - Please state your name and address for the record. You
will have up to three (3) minutes to provide comment. Please address all
comments to the Mayor or the Council as a whole. The Mayor and Council may
not be in a position to answer questions during the meeting. For more details
regarding the public comment process, please refer to the section titled, “Public
Comments,” on the reverse side.
7. CONSENT CALENDAR
A. Minutes of Previous Meeting and Workshop – Approve
B. Payment of Bills – Approve
C. Appointment to the Land Use and Planning Board – Confirm
D. Appointment to the Kent Parks and Recreation Commission – Confirm
E. 2017 City Art Plan and Five Year City Art Plan 2017-2021 – Approve
F. Grant Agreement with the Department of Commerce for the Morrill
Meadows Park Renovation – Authorize
G. Right-of-Way at 132nd Ave. Park Property – Authorize
H. Youth Sports Facilities Grant Agreement for the Futsal Court at West
Fenwick Park – Authorize
I. Consultant Services Agreement with MacLeod Reckord PLLC for the Morrill
Meadows Park Construction Documents – Authorize
J. Westview Meadow (FKA Westview Malik) Final Plat – Approve
K. King County Water District No. 111 Franchise Ordinance - Adopt
8. OTHER BUSINESS
9. BIDS
10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Pending Litigation, as per RCW 42.30.110(1)(i)
B. Property Negotiations, as per RCW 42.30.110(1)(c)
12. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service at 1-800-833-6388.
COUNCIL WORKSHOP
1) Public Works 2017 Streets Work Plan, Dave Brock
2) Update to Chambers Technology, Mike Carrington
3) Fireworks Communication Plan, Michelle Wilmot
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CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
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PUBLIC COMMUNICATIONS
A) Public Recognition
B) Proclamation for Sikh Heritage Day
C) Proclamation for Sexual Assault Awareness Month
D) Proclamation for Earth Day in Kent
E) Spring Art Program
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F) Community Events
G) Appointment to the Land Use and Planning Board
H) Appointment to the Kent Parks & Recreation Commission
I) Economic and Community Development Update
J) Intergovernmental Reports
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A – 7B_
CONSENT CALENDAR
7. City Council Action:
Councilmember moves,
Councilmember seconds
to approve Consent Calendar Items A through K.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular council meeting of March
21, 2017.
7B. Approval of Bills:
Approval of payment of the bills received through Feb. 28, 2017 and paid on Feb.
28, 2017 after auditing by the Operations Committee on March 21, 2017.
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/28/2017 Wire Transfers 7010 - 7027 $3,545,575.64
2/28/2017 Regular Checks 711603 - 711988 $3,785,967.85
2/28/2017 Payment + $115,124.49
Void Checks ($75.00)
2/28/2017 Use Tax Payable $5,365.87
$7,451,958.85
Approval of checks issued for payroll for Feb. 16 through Feb. 28 and paid on
March 3, 2017:
Date Check Numbers Amount
3/3/2017 Checks $0.00
Voids and Reissues
3/3/2017 Advices 383025 - 383862 $1,506,494.44
$1,506,494.44
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Kent City Council Workshop March 21, 2017
Minutes Kent, Washington
Pending Approval
Page 1 of 1
Date: March 21, 2017
Time: 5 p.m.
Place: Council Chambers East/West
Attending: Bill Boyce, Council President
Tina Budell, Councilmember
Jim Berrios, Councilmember
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Dana Ralph, Councilmember
Les Thomas, Councilmember
Council President Boyce opened the meeting at 5:03 p.m.
Agenda:
1. King County Library System’s New Strategic Plan
Jose M. Garcia, Jr. Acting Regional Manager/Librarian Services Manager of the King
County Library System, presented information regarding the draft strategic
scenarios on the King County Library System’s Strategic Plan progress to date.
2. Morrill Meadows | YMCA Project Update
Julie Parascondola, Parks, Recreation and Community Services Director, presented
an update on the Morrill Meadows | YMCA project. Information regarding why Kent
needs the YMCA, Kent’s history with the YMCA, an up-to-date status, changes in
the site plan, the YMCA design, site complexities, RCO conversion, development
costs, timeline, critical assumptions, next steps, and project outcomes.
3. City Hall Campus and Russell Road Shops Space Planning Update
Alex Ackley, Facilities Superintendent, presented information on the City Hall
Campus space planning that included a brief history and background, and space
planning options for the departments affected by the study.
Alex Ackley also presented information on the space planning for the Public Works
maintenance shops at Russell Road Park and the East Hill Operations Center.
Information was presented regarding the Parks Department Operations facility. A
background summary was presented regarding the East Hill Shops property located
off S.E. 248th Street, in addition to the options for the maintenance shops at Russell
Road. An update will be presented at the July 18, 2017 City Council workshop.
The meeting concluded at 6:21 p.m.
Sue Hanson
Acting City Clerk
March 21, 2017
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Kent City Council Regular Meeting March 21, 2017
Minutes Kent, Washington
Pending Approval
Page 1 of 8
Date: March 21, 2017
Time: 7 p.m.
Place: Council Chambers East/West
Attending: Suzette Cooke, Mayor
Bill Boyce, Council President
Tina Budell, Councilmember
Jim Berrios, Councilmember
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Dana Ralph, Councilmember
Les Thomas, Councilmember
Agenda:
1. Call to Order
The meeting was called to order at 7:00 p.m., with Mayor Cooke presiding.
2. Roll Call
All councilmembers were present
3. Changes to the Agenda
Chief Administrative Officer, Derek Matheson added an executive session to discuss
potential litigation.
4. Public Communications
A. Public Recognition:
Councilmember Thomas recognized UW Women’s and Gonzaga Men’s basketball
teams that have made it to the sweet 16.
Councilmember Fincher recognized the students that participated in the Art Walk.
B. Community Events:
Council President Boyce advised of upcoming ShoWare events, including the
Thunderbirds playoff games, Seattle Mist games, the International Festival, and the
roller derby, and invited the public to attend events.
Mayor Cooke advised that the International Festival to be held on June 3, 2017, is a
free event.
C. Reappointment to Lodging Tax Advisory Committee:
The council confirmed the reappointment of Josh Bang, General Manager for the
Marriott Town Place Suites to the Lodging Tax Advisory Committee.
D. Public Safety Update:
Kent City Council Regular Meeting March 21, 2017
Minutes Kent, Washington
Pending Approval
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Chief Thomas presented Officer Jen Prusa with the Chief’s Award of Professional
Excellence for her exceptional work to hold members of the Odessa crew
responsible for their actions with crimes relating to auto thefts.
Chief Thomas and Sergeant Mike Armstrong presented Jill Fuller with the
Distinguished Services Award commending her for her tireless dedication, hard
work, and implementation of the process in saving the City money for jail medical
services. Since 2011, Jill has saved the City $616,803.
Chief Thomas advised that the City Kent Police Department’s policy regarding the
use of Unmanned Aerial Systems is to enhance the department’s ability to save
lives, protect property and document crime and collision scenes. The Police
Department does not currently own any of these devices. Chief Thomas conveyed
the prohibited uses of these devices and that the policy is located on the City’s
website.
Chief Thomas provided a crime updated that included the investigation of the
shooting incident of the member of the Sikh community and indicated the
investigation is ongoing. Additionally, Chief Thomas provided information regarding
the stabbing of a man in downtown Kent. Chief indicated the Washington State
Patrol is assisting with this active investigation.
E. Intergovernmental Reports:
Council President Boyce advised that Councilmember Fincher was recently
appointed as the alternate member to the Mental Illness Drug Dependency
committee.
Councilmember Budell serves on the Sound Cities Association Domestic Violence
Initiative. The last meeting was held on February 16, 2017, and the next meeting
is May 18, 2017, at the Norm Maleng Regional Justice Center.
Councilmember Higgins serves on the King County Regional Transit Committee. At
the March 15, 2017, meeting there was a briefing on Metro Connects Plan and One
Center City effort.
Jim Berrios serves on the Puget Sound Regional Council Economic Development
Board that is continuing work on the Regional Economic Strategy Plan.
Councilmember Ralph attended the Transportation Policy Board meeting that
discussed the Access to Transit portion of the 2040 Transportation Update.
Councilmember Ralph also attended the South County Area Transportation Board
Kent City Council Regular Meeting March 21, 2017
Minutes Kent, Washington
Pending Approval
Page 3 of 8
Meeting that also discussed One Center City Plan and the impacts it will have on
Kent riders.
Councilmember Fincher serves on the Mental Illness and Drug Dependency Advisory
Committee meets on March 23rd. Councilmember Fincher also serves on the King
Conservation District. Recent discussion focused on urban forestry projects.
5. Public Hearing
None
6. Public Comment
T.J. Petersen expressed his desire to have the City provide a safe place for the
homeless community.
Kendra Smith shared a poem with the Council.
Richard Schilling requested the City Council create a climate that makes it more
costs effective for those owners to offer a better deal for residents.
Tye Whitfield expressed her concerns of the seniors with regards to safety of senior
residents living at the SHAG communities.
7. Consent Calendar
Council President Boyce moved to approve the Consent Calendar items A
through O, seconded by Councilmember Thomas.
The motion passed unanimously 7-0.
A. Minutes of Previous Meetings and Workshops – Approve
The minutes of the workshop and regular council meeting of March 7, 2017 were
approved.
B. Approval of Bills
Bills received through Feb 15, 2017 and paid on Jan. 31 and Feb. 15, 2017
after auditing by the Operations Committee on March 7, 2017 were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
1/31/2017 Wire Transfers 6968 - 6988 $2,224,255.11
1/31/2017 Regular Checks 710888 - 711331 $4,032,444.83
1/31/2017 Payment + $176,271.34
Void Checks ($0.00)
Kent City Council Regular Meeting March 21, 2017
Minutes Kent, Washington
Pending Approval
Page 4 of 8
1/31/2017 Use Tax Payable ($1,775.88)
$6,431,195.40
Approval of checks issued for payroll for Jan. 16 through Jan. 31 and paid on
Feb. 3, 2017:
Date Check Numbers Amount
2/3/2017 Checks $0.00
Voids and Reissues
2/3/2017 Advices 381340 - 382185 $1,609,814.08
$1,609,814.08
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/15/2017 Wire Transfers 6989 - 7009 $1,991,953.37
2/15/2017 Regular Checks 711332 - 711602 $2,839,934.05
2/15/2017 Payment + $54,188.34
Void Checks ($602.35)
2/15/2017 Use Tax Payable $4,444.96
$4,889,918.37
Approval of checks issued for payroll for Feb. 1 through Feb. 15 and paid on
Feb. 17, 2017:
Date Check Numbers Amount
2/17/2017 Checks $0.00
Voids and Reissues
2/17/2017 Advices 382186 - 383024 $1,491,620.55
$1,491,620.55
C. City of Kent Investment Policy – Ordinance – Adopt
Ordinance No. 4238 was adopted that repeals and replaces Chapter 3.02 of the
Kent City Code, entitled “Investment Policy.”
D. Water District #111 Franchise Ordinance – Introduce
An ordinance establishing a 10-year franchise with King County Water District #
111 was introduced.
E. Ordinance Amending Chapter 9.38 of the Kent City Code “Parking” –
Adopt
Kent City Council Regular Meeting March 21, 2017
Minutes Kent, Washington
Pending Approval
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Ordinance No. 4239 was adopted, amending various sections within Chapter 9.38 of
the Kent City Code to address parking in the City of Kent.
F. Interlocal Agreement with King County for Animal Services – Authorize
The Mayor was authorized to sign the Interlocal Agreement with King County for
animal services beginning January 1, 2018 through December 31, 2022, on the
condition that the total number of municipal participants does not decrease, subject
to terms and conditions acceptable to the Finance Director and City Attorney.
G. 2016 Final Supplemental Budget Adjustment Ordinance – Adopt
Ordinance No. 4240 was adopted, approving the final consolidating budget
adjustment ordinance for adjustments made between December 1 and December
31, 2016, reflecting an overall budget increase of $3,693,440.
H. Reappoint Josh Bang to Lodging Tax Advisory Committee – Confirm
Council confirmed the re-appointment of Josh Bang to the Lodging Tax Advisory
Committee for an additional 4-year term.
I. 2017 Consultant Services Agreement with JayRay Ads & PR, Inc. –
VisitKent – Authorize
The Mayor was authorized to sign the 2017 Consultant Services Agreement with Jay
Ray Ads & PR, Inc. to provide marketing for VisitKent in an amount not to exceed
$164,635.00, subject to final terms and conditions acceptable to the Economic &
Community Development Director and City Attorney.
J. Contract with COWI for Milwaukee II Levee – Authorize
The Mayor was authorized to sign a Consultant Services Agreement with COWI, in
an amount not to exceed $178,975.00 for an alternatives analysis of flood
protection facilities for the Milwaukee II Levee, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
K. Contract with ICF International for the Mill Creek Environmental
Impact Statement – Authorize
The Mayor was authorized to sign a Consultant Services Agreement with ICF
International to produce an Environmental Impact Statement for the Mill Creek
Reestablishment Project in the amount of $348,881.77, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
L. Goods and Services Agreement with Western Systems for Traffic Signal
Cabinets – Authorize
The Mayor was authorized to sign a Goods and Services Agreement with Western
Systems for the purchase of six traffic signal cabinets and plug-in electrical components
in an amount not to exceed $158,622.47, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
Kent City Council Regular Meeting March 21, 2017
Minutes Kent, Washington
Pending Approval
Page 6 of 8
M. FMSIB & PSRC Grant for S. 228th St UPRR – Accept
The Mayor was authorized to accept $4.35 million of grant funds from the Washington
State Freight Mobility Strategic Investment Board and $3 million of federal grant funds
awarded through the Puget Sound Regional Council and authorize staff and/or the
Mayor to sign any necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
N. Kent Kangley Pedestrian Improvements – Accept as Complete
The Mayor was authorized to accept the Kent Kangley Pedestrian Improvements project
as complete and release retainage to R.W. Scott Construction Company, upon receipt of
standard releases from the state and the release of any liens.
O. 1st Avenue S. Storm Drainage Improvements – Accept as Complete
The Mayor was authorized to accept the 1st Avenue S Storm Drainage Improvements
project as complete and release retainage to Northwest Cascade, Inc. upon receipt of
standard releases from the state and the release of any liens.
8. Other Business
None.
9. Bids
A. 2017 Asphalt Overlays Project – Award
Tim LaPorte, Public Works Director, presented information regarding the projects
that will be completed with this bid award.
Councilmember Higgins moved to award the 2017 Asphalt Overlay Projects
to Lakeridge Paving Co., LLC., in the amount of $1,820,049.00 and
authorize the Mayor to sign all necessary documents, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director,
seconded by Councilmember Ralph. Motion carried 7-0.
10. Reports from Standing Committees, Council and Staff
Mayor – Mayor Cooke invited members of the Kentwood High School civics class to
speak regarding the issues that have been discussed at tonight’s meeting.
Mayor Cooke conveyed that she gave a radio interview today on the topic of Kent’s
diversity. Mayor Cooke also spoke with the Covington Mayor regarding the topic of
Covington’s desire to be classified as a large city. Mayor Cooke expressed that she
will oppose Covington and Bonney Lake’s request to become a large city. Mayor
Cooke serves on the Regional Policy Committee and spoke regarding “Access for
All.” Additionally, Mayor Cooke spoke regarding the SR 509/167 project and the
issue of the local contribution match. Finally, Mayor Cooke provided information
regarding the Senate’s budget that includes Kent’s sales tax mitigation funds.
Council President – Council President Boyce provided details regarding today’s
workshop topics that included King County Library System’s New Strategic Plan, an
Kent City Council Regular Meeting March 21, 2017
Minutes Kent, Washington
Pending Approval
Page 7 of 8
update on both Morrill Meadows and the YMCA Project and a City Hall Campus and
Russell Road Shops Space Planning Update.
Administration – Derek Matheson, Chief Administrative Officer, conveyed that on
March 22, 2017, the City Council and Kent School District will have a joint meeting
starting at 5:30 p.m. and will discuss the siting of a new elementary school,
marijuana challenges in schools, strategic plan alignment, school parking
challenges, and immigration issues. Derek advised that his report is included in
today’s agenda packet and that there will be an executive session tonight to discuss
potential litigation that is expected to last 15 minutes and that there will be no
action.
Economic and Community Development – No Report
Operations – Councilmember Ralph provided details regarding the City’s
investments and where funds are being invested. In February of 2013 the City had
$43.9 million in cash and investments and in February of 2017 the City had $142
million in cash and investments. The City is working to have solid reserve funds in
the event the City loses streamline sales tax and annexation funds.
Parks and Human Services – Councilmember Fincher provided information
regarding issues discussed at the recent meeting including the potential to have a
Futsal field to be located at West Fenwick Park.
Public Safety – Councilmember Berrios provided information regarding
information discussed at the recent meeting including unmanned aerial systems
and the City’s policy.
Public Works – Councilmember Higgins provided information regarding
information discussed at the recent meeting including the potential site for a new
Sounder parking garage.
Puget Sound Regional Fire Authority – Councilmember Thomas advised that
Chief Schneider has resigned, effective September 4, 2017. The next meeting is
scheduled on April 19, 2017, at 5:30 p.m. and will be held at Station 78 located in
Covington.
11. Executive Session and Action after Executive Session
A. Potential Litigation, as per RCW 42.30.110(1)(i)
At 8:30 p.m., Mayor Cooke advised that the council will convene into executive
session.
At 8:46, Mayor Cooke reconvened the meeting, with no action.
12. Adjournment
At 8:46, Mayor Cooke adjourned the meeting.
Kent City Council Regular Meeting March 21, 2017
Minutes Kent, Washington
Pending Approval
Page 8 of 8
Sue Hanson
Acting City Clerk
March 21, 2017
Agenda Item: Consent Calendar – 7C_
TO: City Council
DATE: April 4, 2017
SUBJECT: Appointment to the Land Use and Planning Board – Confirm
SUMMARY: Confirm appointment of Dale Hartman to the Land Use & Planning Board
for three-year term ending December 31, 2019.
Dale Hartman is a 16-year East Hill (Panther Lake) resident currently employed as IT
Manager for King County. His work gives him knowledge of codes at both the county
and state level. Having watched Kent grow over time, Dale would like to serve his
community to ensure that affordable housing, along with an improved transportation
system, can accommodate future growth.
It is my pleasure to recommend Dale Hartman for appointment to the Land Use &
Planning Board.
EXHIBITS: None.
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
MOTION: Confirm the Mayor’s appointment of Dale Hartman to the Land
Use and Planning Board.
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Agenda Item: Consent Calendar – 7D_
TO: City Council
DATE: April 4, 2017
SUBJECT: Appointment to the Kent Parks and Recreation Commission – Confirm
SUMMARY: I am pleased to recommend Kalika Carver-Cox for appointment to the Kent
Parks and Recreation Commission as a Youth Commissioner for a two-year term expiring
December 31, 2018. Kalika will complete Brayden Siems’ three-year term.
Kalika Carver-Cox resides on Kent’s East Hill and is a high school student attending
the Running Start Program at Green River College where she is studying environmental
science and journalism. Growing up in Kent, it is Kalika’s desire to take the initiative to
ensure the city’s parks are maintained and service on the commission affords her the
opportunity to give back to the Kent community.
Kalika volunteers at Puget Sound Wildcare, a wildlife rehabilitation center in Kent, where
she assists injured and orphaned wildlife. She has volunteered at the Marathon Wild
Bird center in Marathon, Florida, Auburn Valley Humane Society and the Regional Animal
Services of King County here in Kent.
She enjoys hiking and jogging the many Kent trails and would like to see nature
preserved for all. She enjoys working with a variety of people, volunteering and helping
educate people about her community all of which make her an ideal candidate that I am
pleased to recommend for a two-year appointment to the Parks and Recreation
Commission.
EXHIBITS: None
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
MOTION: Confirm the appointment of Kalika Carver-Cox to the Kent Parks
and Recreation Commission as a Youth Member for a two-year term.
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Agenda Item: Consent Calendar – 7E_
TO: City Council
DATE: April 4, 2017
SUBJECT: 2017 City Art Plan and Five Year City Art Plan 2017-2021 – Approve
SUMMARY: The attached City Art Plan details projects for 2017 and lists art
expenditures planned for 2017-2021 as part of the five-year plan. The Visual Arts
Committee worked with staff to craft the plan, which was approved by the Kent Arts
Commission on February 7, 2017.
EXHIBITS: 1) 2017 City Art Plan and Five-year Plan
2) Chapter 4.04 - Art Program of the Kent City Code
RECOMMENDED BY: Parks and Human Services Committee
YEA: Higgins, Budell NAY:
BUDGET IMPACT: City Art Budget
MOTION: Approve the 2017 City Art Plan and Five Year City Art Plan 2017 -
2021.
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CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2017 CITY ART PLAN
FIVE YEAR CITY ART PLAN, 2017 – 2021
Ordinance 2552
Approved:
Visual Arts Committee 2/7/17
Kent Arts Commission 2/7/17
City Council Sub-Committee:
City Council
2
CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2017 CITY ART PLAN
NEW PROJECTS 2017
Budget
Community Art Project: Kent Creates 10,000
Portable Purchases: Summer Art Exhibit Purchase Program 15,000
Collection Maintenance and Programming 15,000
Capital Project artwork(s): Morrill Meadows and East Hill Park 50,000
Art Project: Utility Boxes (in collaboration with Police Department) 10,000
Opportunity fund (capital projects, strategic art acquisition, economic
development)
16,520
TOTAL 2017 BUDGET FOR 19026223.66500.4310 $116,520
OTHER EXPENSES
Salary & Administration (supplies, professional services,
maintenance/repair)
$131,880
TOTAL 2017 BUDGET FOR 10006223.4310 $131,880
Total $2 / capita 124,200 x 2
$248,400
PREVIOUSLY APPROVED PROJECTS
Community Art Project: Kent Creates ($3,300 left from 2016) 3,300
Capital Project artwork: Morrill Meadows/East Hill Park ($70,000 carried
over from 2016
70,000
Capital Project artwork: Kent Valley Loop Trail ($4,431 left from 2013,
$40,000 approved in 2014)
44,431
Collection Maintenance/Programming ($42,868 carried over from 2016) 42,868
Opportunity fund ($138,435 carried over from 2016) 138,435
Subtotal $299,034
TOTAL 2017 Anticipated Expenditures
$547,434
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KENT ARTS COMMISSION
2017 CITY ART PLAN NARRATIVE
Project Title: Community Project Artwork: Kent Creates
Project Description: Kent Creates, a web platform for sharing art, culture, and creative
endeavors, was launched in fall of 2016. The project fosters inclusiveness by highlighting the
talent and creativity of the Kent community. Participants upload projects to an automated
website. Submissions are reviewed and published on a quarterly basis, with selected projects
receiving an honorarium. Projects can fall within the traditional arts (poetry, painting, music);
the community arts (culinary arts, fiber arts, metal arts); and the unexpected. Participants
submit a description of their project that will provide information and inspire other Kent
residents to get creative. The Inaugural Exhibit received submissions from 48 artists on an
invitation basis to generate content and test the platform. The first exhibit of 2017 will focus on
the theme of “home” and be promoted to a broader public.
Estimated Costs: $13,300 ($5,000 for honorariums, $3,000 for
maintenance and hosting, $3,000 for promotion, $2,300
contingency/additional exhibits)
Funding Source: 2017 City Art Plan: $10,000
2016 City Art Plan Carry Over: $3,300
City Partner: Information Technology
Background: Nationally, arts organizations are changing how they interact with the community.
Traditionally, we have been presenters but now we also want to provide platforms for
collaboration. Kent Creates is a prototype project that will allow the people who live, work and
play in Kent to share their creativity with one another.
Location: Online
Project Title: Summer Art Exhibit Purchase Program
Project Description: Purchase quality artworks from area artists that enhance the value of the
City Portable Art collection. The artworks are exhibited in publicly accessible areas of City
facilities, helping to beautify Kent. Budget for artwork purchases ensures high quality of
applicants to the Summer Art Exhibit and allows for more strategic purchases. For example, the
collection currently needs larger pieces.
Estimated Costs: $15,000
Funding Source: 2016 City Art Plan: $15,000
City Partner: Facilities
Background: The City of Kent Arts Commission collection of portable artwork includes a variety
of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit
4
purchase award program. The portable collection introduces art into areas where the community
does business. A work environment that includes amenities such as art has been shown to
increase productivity and job satisfaction, but the primary purpose is serving the public.
Location: City of Kent facilities
Project Title: Collection Maintenance and Programming
Project Description: Projects include outdoor sculpture maintenance and collection repair,
helping to sustain existing assets. Projects in 2017 will include replacement of Produce Truck
Weathervane at Chestnut Ridge Park (Peter Reiquam, 2001), repair and repainting of Railroad
Yard mural at Titus Railroad Park (Mary Iverson, 2006); assessment of Daily Migration train
corridor sculptures (Dos Remedios, 2005); and various repair and maintenance projects.
Estimated Costs: $57,868
Funding Source: 2017 City Art Plan: $15,000
2016 City Art Plan Carry Over: $42,868
Background: This fund may be used for maintaining and providing programming for existing
artworks.
Project Title: Capital Project Artwork(s): East Hill Park and Morrill Meadows Park
Project Description: The Parks Department plans to renovate Morrill Meadows Park in
conjunction with the development of the adjacent YMCA. Kent Arts Commission will work with
Parks Planning and Development to identify and implement new art projects for the YMCA
site/former East Hill Park and/or Morrill Meadows Parks. Work will include assessment of Water
(Barbara Grygutis, 1993), and either re-siting or replacing the sculpture. New work will be
commissioned for the site – the focus will be on artist-designed Parcourse elements that will
serve as both aesthetic sculptures to be enjoyed passively, and functional, fitness equipment for
active participation.
Estimated Costs: $120,000
Funding Source: 2017 City Art Plan: $50,000
2016 City Art Plant Carry Over: $70,000
City Partner: Parks Planning and Development
Background: The City of Kent and the YMCA are collaborating on a project to build a new YMCA
facility on the East Hill Park site. As part of that project the YMCA and Morrill Meadows Park will
be designed to complement one another, to create a YMCA facility at a community park. The
recreational value lost at the former East Hill Park site will be replaced with new and improved
recreational amenities at Morrill Meadows Park.
Location(s): Morrill Meadows and/or East Hill Park
5
Project Title: Utility Boxes
Project Description: The Police Department approached Kent Arts Commission staff about
partnering on a project to wrap utility/signal boxes with artwork (printed on vinyl) to deter
graffiti. The Kent Arts Commission will develop and issue calls to artists, as well as manage artist
selection and contracts, for two to three boxes annually. The Police Department will select
boxes/locations, provide specifications for the boxes, and obtain necessary permits and/or
approvals.
Estimated Costs: $15,000
Funding Source: 2017 City Art Plan: $10,000
ECD funding: $5,000
City Partner: Police Development, Economic Dev.
Background: Many cities are using vinyl artwork wraps on utility/signal boxes to beautify their
communities and to defer graffiti. Local examples are Shoreline and Federal Way.
Location(s): Varied/TBD
Project Title: Opportunity fund (capital projects, strategic art acquisition, economic development
implementation)
Project Description: Identify and implement art project(s) to address City and community goals.
This funding allows the Arts Commission to incorporate significant artwork into capital projects,
acquire artwork for specific locations or needs, and contribute artwork to implementation of the
City of Kent Economic Development Plan. Possibilities include projects as part of the “Meet Me on
Meeker” improvements, a project to make one of three Highway 167 underpasses more inviting
(Willis, Meeker, James), other gateway projects, partnerships with Economic Development, and
acquiring art work to strategically build the City’s collection.
Estimated Costs: $154,955
Funding Source: 2017 City Art Plan: $16,520
2016 City Art Plan Carry Over: $138,435
City Partner: Economic Development, Parks Planning and Development
Background: Kent Arts Commission staff continues on-going discussions with Economic
Development staff about ways to partner and use art to achieve community Economic
Development goals. The Kent Downtown Partnership has a renewed interest in incorporating
more art in downtown Kent, providing more potential partnership opportunities. In 2014,
acclaimed Kent artist Danny Pierce died, as did his wife Julia; there are potentially opportunities
to acquire and keep significant pieces of Danny’s art in Kent.
Location(s): TBD
6
PREVIOUSLY APPROVED PROJECTS
Project Title: Capital Project Artwork(s): Kent Valley Loop Trail
Project Description: Parks Department plans to create a Kent Valley Loop Trail system over the
coming years. This system of varying length trails along the Green River will link Riverview Park
(yet to be constructed), Foster Park, Van Doren’s Landing, and Boeing Rock. The Kent Arts
Commission plans to set aside City Art Plan money for the next several years to enable us to
commission major artwork(s) as part of the Kent Valley Loop Trail when it becomes a reality.
Parks Planning and Development contracted with Berger Partnership to develop a Master Plan for
the project in 2013. Through a competitive selection process, the Kent Arts Commission selected
Ellen Sollod to serve as the artist representative on the master planning team and to create an
art plan for the Kent Valley Loop Trail.
Ms. Sollod identified and recommended several projects as a cost effective approach to
maximizing the impact of the public art program’s resources over the coming years. The Kent
Arts Commission will determine the priority and ordering of projects based on Parks Department
plans for trail improvements. Potential projects:
-“Finding One’s Way” – A system of artist designed trail markings, interpretive signs. ($11,000)
-“Sightings and Soundings” – A photographer and sound artist would be commissioned to create
a sensory experience that complements and enhances the trail. The product would be available
on-line, as a “print on-demand” book/CD, and potentially through an exhibit. ($22,000)
-“Temporary Interventions” – Projects to draw attention and people to the trails. ($20,000)
Estimated Costs: $40,000
Funding Source: 2013 and 2014 City Art Plan
City Partner: Parks Planning and Development
Background: The vision for the Kent Valley Loop Trail is to enhance recreation opportunities
at Kent’s river-front parks and along the Green River Trail that connects them. Integrating public
art throughout the trail and parks will enrich trail and park users' experience and provide a
cultural tourism draw.
Location: Kent Valley Loop Trail/parks along Green River
7
KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2017 – 2021
2017 PROJECTS COSTS
Projects 116,520
Community Art Project: Kent Creates 10,000
Portable Collection Purchases 15,000
Capital Project Artwork(s): Morrill Meadows/East Hill 50,000
Art Project: Utility boxes 10,000
Opportunity fund (capital projects, strategic acquisition, economic
development)
Collection maintenance and programming
16,520
15,000
Administration/Maintenance 131,880
Total $248,400
2018 PROJECTS COSTS
Projects 116,400
Capital Project artwork(s): Kent Valley Loop Trail or Van Doren’s
Landing
50,000
Portable Collection Purchases 15,000
Kent Creates
Opportunity fund (capital projects, strategic acquisition, economic
development)
10,000
21,400
Collection maintenance and programming 20,000
Administration/Maintenance 132,000
Total $248,400
2019 PROJECTS COSTS
Projects 114,400
Capital Project artwork(s): Van Doren’s Landing 50,000
Opportunity fund (capital projects, strategic acquisition, economic
development)
21,400
Portable Collection Purchases 15,000
Kent Creates 10,000
Collection maintenance and programming 18,000
Administration/Maintenance 134,000
Total $248,400
2020 PROJECTS COSTS
Projects 112,400
Capital Project artwork(s): Van Doren’s Landing 50,000
Opportunity fund (capital projects, strategic acquisition, economic
development)
25,000
Portable Collection Purchases 15,000
Kent Creates 12,000
Collection maintenance and programming 10,400
Administration/Maintenance 136,000
Total $248,400
2021 PROJECTS COSTS
Projects 110,400
Opportunity fund (capital projects, strategic acquisition, economic
development)
70,000
Portable Collection Purchases 15,000
Kent Creates 12,000
Collection maintenance and programming 13,400
Administration/Maintenance 138,000
Total $248,400
Chapter 4.04
ART PROGRAM
Sections:
4.04.010 Established.
4.04.020 Art account created.
4.04.030 Guidelines and procedures.
4.04.010 Established.
A. The city art fund may be used for all costs for works of art, administrative costs
of the city art program, and all costs of installation and maintenance.
B. The city arts commission shall recommend the amount to be made available for
the purchase of art, in consultation with city staff. The designation of projects and
sites, selection, contracting, purchase, commissioning, review of design, execution
and placement, acceptance, maintenance, sale, exchange, or disposition of works of
art shall be recommended by the arts commission and staff, for approval by the city
council, in accordance with the city art program guidelines.
C. All works of art purchased and commissioned under the city art program shall
become a part of a city art collection. The city art collection shall be developed,
administered and operated by the arts commission with cooperation and support of
the parks and recreation department staff.
D. The works of art may be placed on public lands, integrated with or attached to a
public building or structure, detached within or outside a public building or
structure, or part of a portable collection or exhibit.
E. Nothing in this chapter shall limit the amount of money the city may expend for
art.
(Ord. No. 2552, § 1. Formerly Code 1986, § 2.35.020)
4.04.020 Art account created.
There is hereby established a city art account. Monies for the fund shall be received
from:
1. Annual city budget. Two dollars ($2) per budget year for each city resident,
based upon population data certified by the State Office of Financial Management.
Budgeted, but unspent funds shall be maintained in the art fund, and carried
forward at the end of each budget year.
2. Gifts, donations and grants. Private or public gifts, endowments, donations,
bequests or other grants.
3. Other. Such other sources as may be available.
(Ord. No. 2552, § 1. Formerly Code 1986, § 2.35.010)
Cross reference(s) – Specific funds, ch. 3.40.
4.04.030 Guidelines and procedures.
A. Upon consultation with the city arts commission, guidelines and procedures shall
be prepared by staff for the implementation of the city art program. Such guidelines
and procedures shall be reviewed by the city arts commission annually, and
recommendations shall be made to the city council for approval.
B. A city art plan including a schedule and budget for all city art program projects
shall be prepared and updated annually by the city arts commission and city parks
and recreation department staff. The city art plan shall be reviewed and approved
annually by the city council.
(Ord. No. 2552, § 1. Formerly Code 1986, § 2.35.030)
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Agenda Item: Consent Calendar – 7F_
TO: City Council
DATE: April 4, 2017
SUBJECT: Grant Agreement with the Department of Commerce for the Morrill
Meadows Park Renovation – Authorize
SUMMARY: As the city works with the YMCA of Greater Seattle to bring a new YMCA
facility to the East Hill, the city has applied for and received a grant award from the
Washington State Department of Commerce for $485,000 to help fund costs associated
with the project.
These funds will be used for capital expenditures for the first phase of pre-construction
activities within Morrill Meadows and East Hill Parks, including demolition of existing
improvements, planning and design of the combination and overall renovation of the
two parks, and construction of site improvements.
This phase of the project will provide for site planning to combine and renovate the
properties into a single community park and to complete site preparation work for the
YMCA.
EXHIBITS: Washington State Department of Commerce Grant agreement
RECOMMENDED BY: Parks and Human Services Committee
YEA: Fincher, Higgins, Budell NAY:
BUDGET IMPACTS: Revenue and Expense will impact the YMCA/Morrill Meadows
Budget.
MOTION: Authorize the Mayor to sign a Grant Agreement with the
Washington State Department of Commerce in the amount of $485,000 for
the design and site preparation work at Morrill Meadows and East Hill Parks,
subject to final terms and conditions acceptable to the Parks Director and
City Attorney.
This page intentionally left blank.
t
Department of Commerce
Grant to
For
City of Kent
through
The Local and Community Projects 2016 Program
Kent East Hill YMCA Planning - Preconstruction activities for a
YMCA.
Staft date:July 1, 2015
Washington State Department of Commerce
www.commerce.wa.gov
TABLE OF CONTENTS
Face Sheet ................
Special Terms and Conditions
1
2
Grant Management.............. ..............,..2
Compensation .......... ..........2
Certification of Funds Performance Measures ............... .........2
Prevailing Wage Law.......... ..................3
Documentation and Security ................. 3
Basis for Establishing Real Property Values for Acquisitions of Real property....4
Expenditures Eligible for Reimbursement ..............4
Billing Procedures and Payment.............. ..............4lnsurance.. ......... s
Order of Precedence ........... .................6
Reduction in Funds... ...........7
Ownership of ProjecVCapital Facilities... ................7
Change of Ownership or Use for GRANTEE-Owned Property .................7
Change of Use for Leased Property Performance Measure ........,............7
Modification to the Project Budget...... .................... I
Signage, Markers and Publications......... ...............8
Historical and CulturalArtifacts ............. IReappropriation ................... I
Recapture
Termination for Fraud or Misrepresentation ........... g
General Terms and Conditions
1
2
3,
4.
5
6.
7.
8.
L
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
1.
2.
3.
4.
5.
6.
7.
8.
o
10.
11.
12.
13.
14.
15.
16.
17.
18.
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1
1
1
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1
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5
5
6
6
b
6
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7
24
Definitions.
Access to Data
Advance Payments Prohibited
All Writings Contained Herein
Amendments .............
Americans with Disabilities Act (ADA)
4ssi9nment................
Attorney's Fees.........
Audit........
Confidential ity/Safeg uardi ng of I nformation.. .
Conflict of lnterest.
Copyright Provision...
Disputes
Duplicate Payment...
Governing Law and Venue
lndemnification ..........
lndependent Capacity of the Grantee
I ndustrial I nsurance Coverage
Laws.........
Licensing, Accreditation and Registration .....
Limitation of Authority
Noncompliance with Nondiscrimination Laws
Political Activities
Publicity
Recapture
Records Maintenance.............
Registration with Department of Revenue.....
Right of lnspection.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
Savings....
Severability.... ..........
Site Security .............
Subcontracting............
Survival....
Taxes.......
Termination for Cause
Termination for Convenience
Termination Procedures.......,
Treatment of Assets...
Waiver
.7
.8
.8
.8
.8
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.8
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.9
10
10
Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds;
Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED
FACE SHEET
Washington State Department of Commerce
Local Government Division
Community Capital Facilities Unit
Grant Number: 16-93205-045
1. GRANTEE
City of Kent
220 thAvenue South
Kent, Washington 98032
2. GRANTEE Doing Business As (optionat)
3. Grantee Representative
Hope Gibson
(2s3) 8s6-stt2
hgibson@Kentwa.gov
4. COMMERCE Representative
Sheryl Reed
Project Manager
(360) 72s-3074
Fax 360-586-5880
sheryl.reed@cornmerce. wa. gov
P.O.Box42525
l01l Plum Street SE
Olympia, WA 98504-2525
5. Grant Amount
$485,000.00
6. Funding Source
Federal: ! State: [t other: n Nt¡: n
7. Start Date
7lt/201s
8. End Date
6130t20t9
9. Federal Funds (as applicable)
N/A
Federal Agency
N/A
CFDA Number
N/A
10. Tax ID #
9t-6001254
11. SWV#
0000s52-00
t2.aBt#13. DUNS #
N/A
14. Grant Purpose
The outcome of this performance-based contract is the preconstruction activities for new construction of the Kent East Hill yMCA
as referenced in Attachment A - Scope of Work.
COMMERCE, defined as the Department of Commerce, and the GRANTEE, as defined above, acknowledge and accept the terms
of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The
rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by
reference: Grant Terms and Conditions including Attachment "A" - Scope of lVork, Attachment "8" - Budget, Attachmentkc,, -Certihcation of Availability of Funds to Complete the Project, Attachment "D" - Certification of the Payment and Reporting of
Prevailing Wages, Attachment "8" - Certifìcation of Intent to Enter LEED process.
FOR GRANTEE
Suzette Cook, Mayor
Date
FOR COMMERCE
Ma¡k K. Barkley, Assistant Director
Date
APPROVED AS TO FORM ONLY
lfl1nr útk tn5
Date 02-o6.-tz
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS CONTRACT, entered into by and between City of Kent (a unit of local government) hereinafter
referred to as the GRANTEE), and the Washington State Department of Commerce (hereinafter referred
to as COMMERCE), WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to localgovernments, businesses, and community-based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of 2015, 3rd Special Session,
Chapter 3, Section 1040, made an appropriation to support the Local and Community Projects
2016 Program, and directed COMMERCE to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive
funding for acquisition, construction, or rehabilitation (a venture hereinafter referred to as the
"Project").
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1. GRANTMANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $485,000.00 for the capital costs necessary for or
incidental to the performance of work as set forth in the Scope of Work.
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this contract is contingent upon the GRANTEE certifying that it
has expended or has access to funds from non-state sources as set forth in ATTACHMENT C
(CERT|FICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof
Such non-state sources may consist of a combination of any of the following:
i) Eligible Project expenditures prior to the execution of this contract.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan commitment(s).
iv) Pledges from foundations or corporations.
v) Pledges from individualdonors.
2
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
V¡)The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non-state matching fund credit.
ln-kind contributions, subject to COMMERCE'S approval.
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources, and shall make such records available for
COMMERCE'S review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The GRANTEE is advised to consult the lndustrial Statistician at the Washington Department
of Labor and lndustries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECUR¡TY
The provisions of this section shall apply to capital projects performed by nonprofit organizations that
involve the expenditure of over $500,000 in state funds. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for design only are exempt
from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety (90) days of contract execution. The
Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set
forth in Section 2, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10) years following the final payment of state funds to the GRANTEE under this grant. Upon
satisfaction of the ten-year term requirement and all other grant terms and conditions,
COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey
the Deed of Trust.
C. Title lnsurance. The GRANTEE shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
vii)
3
6.BASI S FOR
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
ESTA INr? FltrÂI PRôPFFITY VAI IIFS FÔR A qITIôNS OF PtrÂI
PROPERTY MEASURES
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
a. GRANTEE purchases of real property from an independent third-party seller shall be
evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser, or a current property tax statement.
b. GRANTEE purchases of real property from a subsidiary organization, such as an
affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed
Washington State commercial real estate appraiser or the prior purchase price of the
property plus holding costs, whichever is less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project
expenditures in the following cost categories:
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
lnformation technology infrastructure; and
Landscaping.
8. BILLING PROCEDU AND PAYMENT
COMMERCE shall reimburse the GRANTEE for one-hundred percent (100%) of eligible Project
expenditures, up to the maximum payable under this contract. When requesting reimbursement for
expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed lnvoice
Voucher (Form A-19), that documents capitalized Project activity performed - by budget line item -
for the billing period.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the contract. The GRANTEE
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as
applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks
or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially
submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this contract, or within fifteen (15) days following the end of
the state biennium unless contract funds are reappropriated by the Legislature in accordance with
Section 18, hereof.
4
SPECIAL TERMS AND CONDIT¡ONS
GENERAL GRANT
STATE FUNDS
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the lnvoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. INSURANGE
The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the
GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and
employees as additional insureds under the insurance policy. All policies shall be primary to any other
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification.
The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date,
a certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The GRANTEE shall provide insurance coverage that shall be maintained in fullforce and effect
during the term of this Grant, as follows:
Commercial General Liability lnsurance Policy. Provide a CommercialGeneral Liability
lnsurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000
per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees
provide adequate insurance coverage for the activities arising out of subgrants.
5
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Fidelity lnsurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the GRANTEE for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name the Grantor as beneficiary.
B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure
fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to
this paragraph shall name the GRANTEE and the GRANTEE's fiscal agent as beneficiary.
C. The GRANTEE shall provide, at COMMERCE's request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
GRANTEES and Local Governments that Participate in a Self-lnsurance Program.
Self-lnsured/Liability Pool or Self-lnsured Risk Management Program - With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool
or self-insured risk management program. ln order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate
and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk
management programs or self-insured/liability pool financial reports must comply with Generally
Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
GovernmentalAccounting Standards Board (GASB), 2) FinancialAccounting Standards Board
(FASB), and 3) the Washington State Auditor's annual instructions for financial reporting.
GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The state of Washington, its
agents, and employees need not be named as additional insured under a self-insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self-
insured risk management program. Such annual summary of coverage and letter of self
insurance will be provided on the anniversary of the start date of this Agreement.
10. ORDEROF PRECEDENCE
ln the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
. Applicable federal and state of Washington statutes and regulations
. SpecialTerms and Conditions
. General Terms and Conditions
. Attachment A - Scope of Work
. AttachmentB-Budget
. Attachment C - Certification of the Availability of Funds to Complete the Project
. Attachment D - Certification of the Payment and Reporting of Prevailing Wages
. Attachment E - Certification of lntent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
6
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
11. REDUCTION IN FUNDS
ln the event state funds appropriated for the work contemplated under this contract are withdrawn,
reduced, or limited in any way by the Governor or the Washington State Legislature during the
contract period, the parties hereto shall be bound by any such revised funding limitations as
implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract
accordingly.
I2. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this contract and does not assert and will not acquire any ownership interest in or title to the capital
facilities and/or equipment constructed or purchased with state funds under this contract; provided,
however, that COMMERCE may be granted a security interest in real property, to secure funds
awarded under this contract. This provision does not extend to claims that COMMERCE may bring
against the GRANTEE in recapturing funds expended in violation of this contract.
13. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this contract shall be held and used by the GRANTEE for the purpose or purposes
stated elsewhere in this contract for a period of at least ten (10) years from the date the final
payment is made hereunder.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this contract.
C. ln the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated in Section 1, hereof,
plus interest calculated at the rate of interest on state of Washington general obligation bonds
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 19 (Recapture provision).
14. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this contract shall be used
by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at
least ten (10) years from the date the final payment is made hereunder.
B. ln the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated in Section 1, hereof,
plus interest calculated at the rate of interest on state of Washington generalobligation bonds
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 19 (Recapture Provision).
7
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
15. MODIFIGATION TO THE PROJECT BUDGET
A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make
modifications to line items in the Project Budget (Attachment B), hereof, that will not increase the
line item by more than fifteen percent (15o/o).
B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail) when proposing any
budget modification or modifications to a line item in the Project Budget (Attachment B,) hereof,
that would increase the line item by more than fifteen percent (15%). Conversely, COMMERCE
may initiate the budget modification approval process if presented with a request for payment
under this contract that would cause one or more budget line items to exceed the l5 percent
(15%) threshold increase described above.
C. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email or regular mail), and such written approval shall amend the
Project Budget. Each party to this contract will retain and make any and all documents related to
such budget modifications a part of their respective contract file.
D. Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Section 2 of this contract.
16. SIGNAGE. MARKERS AND PU BLICATIONS
lf, during the period covered by this contract, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project,
any such communication or publication must identify "The Taxpayers of Washington State" as a
participant.
17- HISTORICAL AND CULTURAL ARTIFACTS
ln the event that historical or cultural artifacts are discovered at the Project site during construction,
the GRANTEE shall immediately stop construction and notify the local historical preservation officer
and the state historical preservation officer at the Washington State Department of Archaeology and
H istoric Preservation.
18. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by June 30, 2017 will
lapse on that date unless specifically reappropriated by the Washington State Legislature. lf
funds are so reappropriated, the state's obligation under the terms of this contract shall be
contingent upon the terms of such reappropriation.
B. ln the event any funds awarded under this contract are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
19. RECAPTURE
ln the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal
laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture all funds
disbursed under the Grant, in addition to any other remedies available at law or in equity. This
provision supersedes the Recapture provision in Section 25 of the General Terms and
Conditions.
8
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
ln the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this contract, COMMERCE reserves the right to
terminate or amend this contract accordingly, including the right to recapture all funds disbursed
to the GRANTEE under the Grant.
I
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1, DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. 'COMMERCE" shall mean the Department of Commerce.
C. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D. "Personal lnformation" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shallmean the state of Washington.
F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms "subgrantee/subcontractor" refers to any tier.
G. "subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an indiyidual that is a beneficiary
of such a program. lt also excludes vendors that receive federal funds in exchange for goods and/or
services in the course of normal trade or commerce.
H. "Vendor" is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually determined
to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with
contractual penalties if the entity fails to meet program performance standards.
2. ACCESSTODATA
ln compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusíons, and recommendations of the GRANTEE's reports, including computer models and the
methodology for those models.
3 ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant shall
be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
1
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6.AMERIGANS WITH DISABILITIES ACT IADAI 1990. PUBLIC LAW l0l-336- also referred to
as the "ADA" 28 CFR Part 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
8. ATTORNEYS'FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs.
9. AUDIT
A. GeneralRequirements
GRANTEE's are to procure audit services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
ln the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
ln any case, the GRANTEE's records must be available for review by COMMERCE.
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no fater than nine (9)
months after the end of the GRANTEE's fiscal yea(s) by sending a scanned copy to
auditreview@commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
ln addition to sending a copy of the audit, when applicable, the GRANTEE must include:
. Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
2
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
. Copy of the Management Letter.
lf the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential lnformation" as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential"
by COMMERCE;
2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health lnformation" under the federal Health lnsurance
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential lnformation. The GRANTEE shall use Confidential lnformation
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential lnformation to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shalltake all necessary steps to assure that
Confidential lnformation is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential lnformation or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE, Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential lnformation that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorlzed disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
11. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may,
in its sole discretion, by written notice to the GRANTEE terminate this Grant if it is found after due notice
and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the procurement of, or
performance under this Grant.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify any
person employed in any capacity by the state of Washington that worked on the Local and Community
Projects Program including but not limited to formulating or drafting the legislation, participating in grant
procurement planning and execution, awarding grants, and monitoring grants, during the 24 month
period preceding the start date of this Grant. ldentify the individual by name, the agency previously or
currently employed by, job title position held, and separation date. lf it is determined by COMMERCE
that a conflict of interest exists, the GRANTEE may be disqualified from further consideration for the
award of a Grant.
3
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
ln the event this Grant is terminated as provided above, COMMERCE shall be entitled to pursue the
same remedies against the GRANTEE as it could pursue in the event of a breach of the Grant by the
GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of
facts upon which COMMERCE makes any determination under this clause shall be an issue and may
be reviewed as provided in the "Disputes" clause of this Grant.
I2. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. ln the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
13. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
. be in writing;
¡ state the disputed issues;. state the relative positions of the parties;
¡ state the GRANTEE's name, address, and Contract number; and. be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
4
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
14. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgranVsubcontract, or agreement, for the
same services or expenses.
15. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
16. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE'S or any subgrantee's/subcontractor's performance or failure to
perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated 0r reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
I7. INDEPE NDENT CAP ITY ôF TI{F (ìF¡ANTFF
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
I8. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, lndustrial lnsurance. lf
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the lndustrial lnsurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
lndustries, (L&l) Division of lnsurance Services. This provision does not waive any of L&l's rights to
collect from the GRANTEE,
5
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
19. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended including, but not limited to:
Washington State Laws and Regulations
A. Affirmative action, RCW41.06.020 (1).
B. Boards of directors or officers of non-profit corporations - Liability - Limitations, RCW 4.24.264.
C. Disclosure-campaign finances-lobbying, Chapter 42.17a RCW.
D. Discrimination-human rights commission, Chapter 49.60 RCW.
E. Ethics in public service, Chapter 42.52 RCW.
F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02
WAC.
G. Open public meetings act, Chapter 42.30 RCW
H. Public records act, Chapter 42.56 RCW.
l. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
20. LICENSING, ACCREDITATION AND REGISTRATION
The GRANTEE shallcomply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
21- LIMITATION OF AUTHORIW
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this contract is not effective or binding unless
made in writing and signed by the Authorized Representative.
22. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. ln the event of the GRANTEE's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure
set forth herein.
23. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
6
GENERAL TERMS AND CONDIT¡ONS
GENERAL GRANT
STATE FUNDS
24. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
25. RECAPTURE
ln the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time
period specified by COMMERCE. ln the alternative, COMMERCE may recapture such funds from
payments due under this Grant.
26. RECORDS MAINTENANC
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
lf any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved
27. REGISTRATION WITH DEP ÀFITMFNT ôF FlFVtrNI Itr
lf required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
28. RIGHT OF INSPECTION
The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance
under this Grant.
29. SAVINGS
ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. ln lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
7
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
30. SEVERABILITY
The provisions of this Grant are intended to be severable. lf any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
31. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
32. SUBGONTRACTING
ln no event shall the existence of any contract entered into by GRANTEE for performance of any part
of the scope of work by a contractor or any subcontractor operate to release or reduce the liability of
the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE's obligations under
this Grant.
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any contractors/subcontractors retained
by the GRANTEE or to a subcontractor in any tier.
33. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
34. TAXES
All payments accrued on account of payrolltaxes, unemployment contributions, the GRANTEE's
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
35. TERMINATION FOR CAUSE
ln the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to
take corrective action. lf corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
ln the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.9., cost of the
competitive bidding, mailing, advertising and staff time.
I
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience"
if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
36. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. lf this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
37. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
AGENT shall determine the extent of the liability of COMMERCE. Failure to agree with such
determination shall be a dispute within the meaning of the "Disputes" clause of this Grant.
COMMERCE may withhold from any amounts due the GRANTEE such sum as the AUTHORIZED
REPRESENTATIVE determines to be necessary to protect COMMERCE against potential loss or
liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otheruvise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subg rants/su bcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be final
for all the purposes of this clause;
o
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
38. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, forthe cost of which the GRANTEE is entitled to be reimbursed as a direct
item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by
the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this
Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this Grant, or (ii) commencement of use of such property in the performance of this
Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant.
B. The GRANTEE shallbe res sible for a loss or to of COMMERCE that results
from the negligence of the GRANTEE orwhich resu the on the part of the GRANTEE
to maintain and administer that property in accordance with sound management practices.
C. lf any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
39. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
10
Attachment A
Scope of Work
These funds will be used for capital expenditures for the first phase of preconstruction activities of the
Kent East H¡ll YMCA to be located at 10600-10920 Avenue and 248th Street in Kent. This includes, but is
not limited to, demolition of existing improvements, planning and design of the park
consolidation/renovation/expansion that will accommodate a new East Hill YMCA and construction of site
improvements.
The phase of the project will provide for the site planning to combine the properties into one renovated
community park and complete site preparation work for the YMCA and park renovation work.
First phase of the project is estimated to be completion by May 2018.
All project work completed with prior legislative approval. The "Copyright Provisions", Section 12 of the
General Terms and Conditions, are not intended to apply to any architectural and engineering design
work funded by this grant.
CERTIFICATION PERFORMANCE MEASU RE
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
GRANTEE
TITLE
DATE
\
Attachment B
Budget
Line ltem Amount
Architecture & Engineerinq $300,000.00
Site Acquisition $374,730.00
Construction $1,661,000.00
Capitalized Equipment $0.00
Construction Manaqement $60,000.00
Other $0.00
Total Gontracted Amount:$2,395,730.00
CERTIFICATION PERFORMANCE MEASU RE
The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
TITLE
DATE
Attachment G
Certification of the Availability of Funds to Complete the Proiect
CERTI FICATION PERFORMANCE MEASU RE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this contract and identified above has been reviewed and approved by the GRANTEE's governing body
or board of directors, as applicable, and has either been expended for eligible Project expenses, or is
committed in writing and available and will remain committed and available solely and specifically for
carrying out the puiposes of this Project as described in elsewhere in this contract, as of the date and
yeai wñtten below. The GRANTEE shall maintain records sufficient to evidence that it has expended or
-has
access to the funds needed to complete the Project, and shall make such records available for
COMMERCE'S review upon reasonable request.
GRANTEE
TITLE
DATE
Non-State Funds Amount Total
Citv of Kent Capital Budqet $1.536,000.00
of Kent Land uisition et $374,730.00
Total Non-State Funds $1,910,730.00 $1,910,730.00
State Funds
State Bu $485,000.00 $485,000.00
Total Non-State and State Sources $2,395,730.00
Attachment D
Gertification of the Payment and Reporting of Prevailing Wages
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Projectshallcomplywith prevailing wage laws setforth in Chapter39.12 RCW, as of July 1,2015
including but not limited to the filing of the "Statement of lntent to Pay Prevailing Wages" and "Affidavit of
Wages Paid" as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to
evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S
review upon request.
lf any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
GRANTEE
TITLE
DATE
Attachment E
Certification of lntent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process
CERTIFICATION PERFORMANCE MEASU RE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Deèign certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this contràct. The GRANTEE shall, upon receipt of LEED certification by the United States
Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
DATE
This page intentionally left blank.
Agenda Item: Consent Calendar – 7G_
TO: City Council
DATE: April 4, 2017
SUBJECT: Right-of-Way at 132nd Ave. Park Property – Authorize
SUMMARY: The 132nd Ave pedestrian improvement project will be constructing a
pedestrian path along the west side of 132nd Ave S.E. from S.E. 240th St to S.E. 282nd
St, which includes frontage along the future 132nd Ave neighborhood park. The right-of-
way (ROW) in front of the park property is only 20’ wide. Additional ROW is needed in
order to construct the walkway within the ROW. This walkway will provide a continuous
safe walking route to the Wilson Play Fields from adjacent neighborhoods.
The Transportation Master Plan identifies multiple projects that would widen 132nd Ave
S.E. to 5 lanes, including curb, gutter, sidewalks and bicycle lanes which will require 47’
of ROW along each side of the roadway. This quit claim deed will dedicate the East 27’
of the property as ROW which will allow for future construction of the full 5-lane
roadway.
EXHIBIT: 1) PowerPoint slides
2) Municipal Quit Claim Deed
RECOMMENDED BY: Parks and Human Services Committee
YEA: Fincher, Higgins, Budell NAY:
BUDGET IMPACT: N/A
MOTION: Authorize the Mayor to sign the Municipal Quit Claim Deed to
dedicate the east 27’ of the future 132nd Ave neighborhood park as public
right-of-way, subject to final terms and conditions acceptable to the Parks
Director and City Attorney.
This page intentionally left blank.
132nd Avenue Sidewalk Improvements
City of Kent
Parks and Human
Services Committee
Meeting
March 16th, 2017
Pedestrian on the west side of 132nd Ave SE headed South
•Construct a continuous pedestrian facility along the
west side of 132nd Ave SE from 240th St to the
southern City limits (SE 282nd St).
•The first phase will be constructed in 2017 and will
complete the missing sections of the westerly
sidewalk from 248th to 272nd (Kent Kangley Rd).
Vicinity Map
132nd Ave sidewalk project limits
Looking North at the pedestrian
path on West side of 132nd Ave on
the Future 132nd Ave Neighborhood
Park at approximately SE 266th St.
Project Cost Estimate: $1.2 million
City Funds
•No funding is required from Parks Department
•Street Fund Contribution: $705,000
•Mitigation Funds: $21,590
Grants
•Transportation Improvement Board: $473,784
WHEN RECORDED RETURN TO:
City of Kent
220 Foufth Avenue South
Kent, Washington 98032
Attn: Engineering/Public Works Dept.
Grantor: City of Kent
Grantee: City of Kent
Abbreviated Legal Description: ptn of south half east half north half of NE
V+ of SE V+ of S 28 T 22 N' R9 5 E.W.M.
Additional Legal Description on Exhibit A of Document.
Assessor's Tax Parcel ID No. 2822059023
MUNICIPAL
QUIT CLAIM DEED
The City of Kent, a Washington municipal corporation ("Grantor"), for and in
consideration of mutual benefits derived and other valuable consideration, receipt
of which is hereby acknowledged by Grantor, conveys and quit claims to the City
of Kent, a Washington municipal corporation ("Grantee"), for right-of-way
purposes, all its interest, including any after acquired title, in the following
described real property situated in King County, Washington:
SEE EXHIBIT *A' ATTACHED
GRANTOR:
By
Its
Suzette Cooke
Municipal Quit Claim Deed
Page 1
Mavor
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed
this instrument, on oath stated that she was authorized to execute the instrument
and acknowledged it as the Mayor of the City of Kent to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated:
APPROVED AS TO FORM:
Name:_
Kent City Attorney
P:\Civil\Foms\Quit Claim Deed-ROW Dedication.Kent to Kent .doc
Municipal Quit Claim Deed
Page 2
)
)
)
SS
-Notary Seal Must Appear W¡th¡n This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
EXHTBTTÀ
TAX LOT 2822059023
RIGHT OF WAY AQUISITION
THAT PORTION LYING EASTERLY OF THE WEST LINE OF THE EAST 47.00 FEET OF THE
SOUTH HALF OF THE EAST HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 22 NORTH, RANGE 5 EAST,
W.M. IN KING COUNTY WASHINGTON;
EXCEPT THE SOUTH 2O.OO FEET OF THE WEST 214.95 FEET AND ÏHE SOUTH 20 OO
FEET OF THE EAST 158.11 FEET OF SAID SOUTH HALF
EXCEPT THAT PORTION THEREOF FóR lgZN'NVCÑüE'SOUTNEAST.
CONTAINING 8,376 SQUARE FEET, MORE OR LESS
LÉE
46319
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PARCIEL'A-
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N
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE TO
LOCATE THE LAND INDICATED
HEREON WITH REFERENCE TO
STREETS AND OTHER LAND. NO
LIABILITY IS ASSUMED BY REASON OF
RELIANCE HEREON.
I
Project #1 6-3008
PW2016-015
LOCATED IN THE NE 1/4 OF ÏHE SE
1/4 OF SEC 28, TOWNSHIP 22 N,
RANGE 5 E, W.M.Waa{r¡ctc¡
CITY OF KENT
LAND SURVEY SECTION
CITY OF KENT
ROW ACQU¡SITION
DRAWN BY: CMW
EXHIBIT
BSCALE:1"=60'
DATE: 0210812017
Agenda Item: Consent Calendar – 7H_
TO: City Council
DATE: April 4, 2017
SUBJECT: Youth Sports Facilities Grant Agreement for the Futsal Court at West
Fenwick Park – Authorize
SUMMARY: As part of the upcoming West Fenwick Park renovation scheduled for 2018,
the Parks Department is installing a multi-use futsal court. In June 2016, parks staff
applied for $75,000 in King County Youth Sports Facilities Grant funds to help pay for a
new ADA-compliant futsal court. The application was approved and these funds were
awarded in response.
“Futsal” is a popular form of soccer that requires less space and fewer players, but is a
great skill builder. At West Fenwick Park, users routinely paint their own soccer lines
out on the unirrigated playfield and use their own makeshift goals. The futsal court is
anticipated to be available for drop-in use dawn to dusk, year round.
This will be the first Futsal court in Kent, with plans to add more if this one proves to be
a success. We expect that soccer will be the main use of this facility but we also hope
that kids will utilize the enclosed, safe, playable space to play any sport they can
imagine.
EXHIBITS: Youth Sport Facilities Grant Agreement
RECOMMENDED BY: Parks and Human Services Committee
YEA: Fincher, Higgins, Budell NAY:
BUDGET IMPACTS: Revenue and Expense will impact the West Fenwick Park
Renovation Budget.
MOTION: Authorize the Mayor to sign a Grant Agreement with King County
to accept the Youth Sports Facilities Grant funds for $75,000 to help fund
the installation of a Futsal court at West Fenwick Park, subject to final terms
and conditions acceptable to the Parks Director and City Attorney.
This page intentionally left blank.
tf, KinsCounty
YSFG AGREEMENT
Department/Division: Natural Resources and Parks / Parks and Recreation Division
Kent Parks
West Fenwick Futsal Court
Agency:
Project Title:
Amount:
Term Period:
$ 75,000 Project:
ToJanuary1,2017
tt31259 Contract: 5917135
December 31,2018
THIS CONTRAC
"Agency"), whose
T is entered into by KING COUNTY (the "County"), and Kent parks (the
WHEREAS, the Agency is either a public agency or a non-profit organization whose land or facility
will provide recreational or athletic opportunities primarily to youth under 21 years of age;
WHEREAS, King County has selected the identified Agency to be awarded a Youth Sports
Facilities Grant to assist in capital improvements for increased recreational opportunities;
WHEREAS, the Agency and./or landowner whose property will receive these improvements will
develop, program, operate, and maintain the facility to address a recreation need in King County;
and
WHEREAS, King County is authorized to administers the Youth Sports Facilities Grant (YSFG)
and enter into agreements for the use of King County funds by public agencies and/or not-for-profit
organizations to provide a service to the public under King County Ordinance 10454;
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually
agree as follows:
1. SCOPE OF SERVICES
The Agency shall provide services and comply with the requirements set forth hereinafter and
in the following attached exhibits, which are incorporated herein by reference:
x Scope ofServices Attached hereto as Exhibit IxBudgetAttached hereto as Exhibit II
X Invoice Voucher Attached hereto as Exhibit III
X Reporting Attached hereto as Exhibit IV
X Design Documents Attached hereto as Exhibit V
X Insurance Certificate Attached hereto as Exhibit VI
X w-9 Attached hereto as Exhibit VII
address is220 4th Ave S-wA 98032.
2.TERM OF CONTRACT
This Agreement shall commence on Januar.v 1" 2017, and shall expire on the December 31.
2018, unless extended or earlier terminated, pursuant to the terms and conditions of this
Agreement.
J PREMISES
This grant project is located at: West Fenwick park, Kent
Commonly known as {West Fenwick Park, Kent}, and referred to herein as "the Premises."
4. PARTIES
All communication, notices, coordination, and other tenets of this Agreement shall be
managed by:
On behalf of County:
Butch Lovelace, YSFG Program Manager
King County Parks and Recreation Division
201 South Jackson Street, Suite 700
Seattle, WA 98104-3855
Email: butch.lovelace@kingcounty.gov
Phone: 206.477.4577
On behalf of Agency:
Brian Levenhagen
Kent Parks
220 4thAve S
Kent, WA 98032
253-856-5r16
bj levenhagen@kentwa. gov
OFP
A. The County shall reimburse the Agency for satisfactory completion of the services and
requirements specified in this Agreement after the Agency submits an invoice and all
accompanying reports as specified in the attached exhibits. The County will initiate
authoÅzation for payment after approval of corrected invoices and reports. The County
shall make payment to the Agency not more than thirty (30) days after a complete and
accurate invoice is received.
B. The Agency shall submit its final invoice and all outstanding reports within fifteen (15)
days of the date this Agreement expires or is terminated. If the Agency's final invoice and
reports are not submitted by the day specified in this subsection, the County will be
relieved of all liability for payment to the Agency of the amounts set forth in said invoice
or any subsequent invoice.
5
6. OPERATING BUDGET
7
When a budget is attached hereto as Exhibit II, the Agency shall appty the funds received
from the Cou:rty under this Agreement in accordance with said budget. If at any time during
the Term of this Agreement, the Agency expects that the cumulative arnount of transfers
among the budget categories, i.e. Project Tasks, may exceed ten percent (10%) of the
Agreement amount, then the Agency shall request an amendment to this Agreement.
Supporting documents necessaÍy to explain ñrlty the nature and purpose of the amendment
must accompany each request for an amendment. County approval of any such amendment
shall not be unreasonably withheld.
COMMUNICATION
The Agency shall recognize King County Parks as a fiscal sponsor for the grant project in the
following manner:
A. Plaque: At the time of project completion or dedication, whichever comes first, the
Agency shall install on or near the facility a plaque provided by the County that notes
King County as a fiscal sponsor.
B. Events: The Agency shall invite and recognizeKingCounty Parks at all events promoting
the project during construction, and at the final project dedication.
C. Community relations: The Agency shall recogrrize King County Parks as a fiscal sponsor
in all social medi4 websites, brochures, banners, posters, press releases, and other
promotional material related to the Project.
8.zuTY OF S SCI{ED
These funds are provided for the purpose of developing, renovating or repairing sports
facilities primarily serving persons under 21 years of age in low and moderate income
communities within King County. The Agency shall give priority of use to persons under the
age of twenty-one. Fees for use of the project shall be no greater than those generally charged
by public operators of similar facilities in King County.
Notwithstanding temporary closure for required maintenance or repairs, the minimum period
of time the Agency must ensure the facility is available for use is set forth in the table below
If the facility is retired or otherwise removed from use before the end of the specified period,
then the Agency shall reimbrnse the County's firnding on a pro rata basis, determined by
dividing the number of years of lost public use by the total years of required dedication,
multiplied by the total County grant amount. By way of example only, if the County makes a
$10,000 grant to Agency X, then the Agency's project must be dedicated to public use
including priority of use by youth for a minimum of 5 years. If Agency X eliminates public
access to the project after 3 years, such that 2 years of public access and youth priority are
lost, then Agency X must repay the County $4,000 (2lS * 10,000 = $4,000).
Grant Amount RequÍred Public Use &
Youth Priority (in years)
$14,999 Five (5)
$15,000 -S2g,ggg Eishr (8)
s30,000 -fi49,999 Twelve (12)
$50,000 - $75,000 Fifteen (15)
9
If the completed project is subject to scheduling or reservation for use, then the Agency shall
post the use schedule and the Agency's scheduling or reservation policies, practices, and
infomration in a highly visible location near the project and/or on their website; and the
Agency shall permit the public to schedule or reserve use of the completed project consistent
with the requirements of this Section. The Agency's duties under this Section will survive
the expiration or earlier termination of this Agreement.
GREEN BUILDING AND SUSTAINABLE DEVELOPMENT
King County is committed to promoting and using green building practices in construction
projects. Though not required, King County strongly encourages practices that conserve
resources, use recycled content materials, maximize energy effrciency, and otherwise consider
environmental, economic and social benefits in the design and construction of a building
project.
10. INTERNAL CONTROL AND ACCOT]NTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal conhols which
complies with applicable, generally accepted accounting principles, and governmental
accounting and financial reporting standards in accordance with Revised Code oiWashington
(RCW) Chapter 40.14.
1I. MAINTENANCE OF RECORDS
A. The Agency shall maintain accounts and records, including personnel, property, financial,
and programmatic records and other such records as may be deemed nècessary by the
County to ensure proper accounting for all Agreement funds and compliance with this
Agreement
B. These records shall be maintained for a period of six (6) years after the expiration or
earlier termination of this Agreement unless pennission to destroy them is granted by the
Office of the Archivist in accordance with RCW Chapter 40.14.
C' The Agency shall inforrn the County in writing of the location, if different from the
Agency address listed on page one of this Agreement, of the aforesaid books, records,
documents, and other evidence and shall notifr the County in writing of any changes in
location within ten (10) working days of any such relocation.
12. RIGHT TO INSPECT
King County reserves the right to review and approve the performance of Agency with regard
to this Agreement, and, at its sole discretion, to inspect or audit the Agency'siecords r.gurãing
this Agreement and the Project upon reasonable notice during normal business hours.
13. COMPLTANCE WITH ALL LAWS AND REGULATIONS
The Agency, in cooperation and agreement with the owners of the Premises, shall comply
with all applicable laws, ordinances and regulations in using funds provided by the Cognty,
including, without limitation, those relating to providing a safe working environment io
employees and, specifically, the requirements of the Washington Indushial Suf.ty and Health
Act (WISHA); and, to the extent applicable, those related to 'þublic works,'; payment of
prevailing wages, and competitive bidding of contracts. The Agency specificalþ âgrees to
comply and pay all costs associated with achieving such compliance withóut notice tom fing
County; and further agrees that King County, does not waive this Section by giving notice of
demand for compliance in any instance. The Agency shall indemnify and defend the County
should it be sued or made the subject ôf an administrative investigation or hearing for a
violation of such laws related to this Agreement.
14.
A. If the County detemrines that a breach of contract has occurred or does not approve of the
Agency's perfonnance, it will give the Agency written notification of unacceptable
perforrnance. The Agency will then take corrective action within a reasonable period of
time, as may be defined by King County in its sole discretion in its written notification to
the Agency.
B. The County may witlrhold any payment owed the Agency until the County is satisfied that
corrective action has been taken or completed.
15. TERMINATION
A. The County may terminate this Agreement in whole or in part, with or without cause, at
any time dwing the Terrn of this Agreement, by providing the Agency ten (10) days
advance written notice of the termination.
B. If the tennination results from acts or omissions of the Agency, including but not limited
to misappropriation, nonperformance of required services, or fiscal mismanagement, the
Agency shall retum to the County immediately any funds, misappropriated or unexpended,
which have been paid to the Agency by the County.
C. Any King County obligations under this Agreement beyond the current appropriation year
are conditioned upon the County Council's appropriation of suffrcient funds to support
such obligations. If the Council does not approve such appropriation, then this Agreement
will terminate automatically at the close of the current appropriation year.
16. FUTTIRE SUPPORT: UTILITIES AND SERVICE
The County makes no commitment to support the services contracted for herein and assumes
no obligation for future support of the activity contracted for herein except as expressly set
forth in this Agreement. The Agency understands, acknowledges, and agrees that the County
shall not be liable to pay for or to provide any utilities or services in connection with the
construction, operation, maintenance, or use of the project contemplated herein.
T7. HOLD IIARMLESS AND INDEMNIFICATION
The Agency agrees for itself, its successors, and assigns, to defend, indemniff, and hold
harmless King County, its appointed and elected officials, and employees from and against
liabilþ for all elaims, 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 any use of or occturence on the Project that is the subject of this Agreement, or the
Agency's exercise of rights and privileges granted by this Agreement, except to the extent of
the County's sole negligence. The Agency's obligations r¡nder this Section shall include:
A. The duty to promptly accept tender of defense and provide defense to the County at the
Agency's o\ryn expense;
B. Indemnification of claims made by the Agency's employees or agents; and
C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51
RCW, but only to the extent necessary to indemni$ King County, which waiver has been
mutually negotiated by the parties.
In the event it is necessary for the County to incur attomey's fees, legal expenses or other
costs to enforcç the provisions of this Section, alt such fees, expenses and costs shatl be
recoverable from the Agency.
In the event it is determined that RCW 4.24.115 applies to this Agreemen! the Agency agrees
to protect, defend, indemniff and save the County, its officers, offrcials, employees and agents
from any and all claims, demands, suits, penalties, losses damages judgments, or costs oi any
kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"j,
arising out of or in any way resulting from the Agency's officers, employees, agents and/or
subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and
privileges granted under this Agreement, to the mærimum extent permitted by law or as
defined by RCW 4.24.115, as now enacted or hereafter amended.
A hold hannless provision to protêct King County similar to this provision shall be included in
all Agreements or subcontractor Agreements entered into by Agency in conjunction with this
Agreement. The Agency's duties under this Section will survive the expiratÍon or earlier
termination of this Agreement.
18. INSURANCE
A. Liabilitv Insurance Requirements. Notwithstanding any other provision within this
Agreement, the Agency and it subcontractors shall procure and maintain coverage and
limits for no less than the following:
1. Commercial General Liabilitv. lnsurance Service "occurrence" form CG 00 0l
(current edition), to include Products-Completed Operations, insurance against claims
for injuries to persons or damages to property that may arise from or in connectíon
with activities under this Agreement. The insurance coverage shall be no less than One
Million Dollars ($1,000,000) combined single limit per occunence, and Two Million
Dollars ($2,000,000) in the aggregate.
2. Automobile Liability. If activities require vehicle usage. Insurance Services form
number CA 00 01 (current edition), covering BUSINESS AUTO COVERAGE,
. Symbol 1 "any auto". If the grant includes the use of automobiles, the Limit oi
Liability shall be no less than One Million Dollars ($1,000,000) per occunence.
3. Workers Compensation/Stop Gap. If the recipíent or its contrsctor(s) has/have
employees. Statutory Workers Compensation coverage and Stop Gap Liability for a
limit no less than one Million Dollars ($1,000,000) per occurrence.
4. Professional Iriability. If the grant includes the use of Professional Services.
Professional Liability coverage shall be no less than One Million Dollars ($1,000,000)
per claim and in the aggregate.
B. If the grant involves the constuction of a capital project or involves the purchase of
equipment greater than Five Thousand ($5,000) in value, the Agency shall provide "All
Risk" Builders Risk or Property coverage for the full replacement value of the
projeclproperty built/purchased. King County shall be listed as an additional Loss payee
as our interests may appear.
C. King County and its officers, officials, employees and agents shall be covered as
additional insured on Agency's and its contractor(s') commercial general liability
insurance and, if applicable, commercial auto liability insurance, with respect to liability
arising out of activities performed by the Agency and its contractors. Additional Insured
status shall include Products-Completed Operations.
D. To the extent of the Agency's or its contractor's negligence, their insurance respectively
shall be primary insurance with respect to the County, its officers, employees and agents.
Any insurance or self-insurance maintained by the County, and its officers, offrcials,
employees or agents shall not be subjected to conhibution in favor of ttre Agency or its
contractors insurance, and shall not benefit either in any way.
The Agency's and its contractors' insurance shall apply separately to each insured against
whom a claim is made or a lawsuit is brought, subject to the limits of the insurer's liability.
E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except
by the reduction of the applicable aggregate limit by claims paid, until after thirty (30)
days' prior written notice has been given to and change in coverage accepted by King
County.
F. The insurance provider must be licensed to do business in the State of Washington and
maintain a Best's rating of no less than A-VIII. Within five (5) business days of County's
request, Agency must provide a Certificate of Insurance and Additionat tnsured
Endorsement(s) (CG 20 10 11/85 or its equivalent) to the County. The Agency shall be
responsible for the maintenance of their contactors' insurance documeàtation.
G. If the Agency is a municipal corporation or an agency of the St¿te of Washington and is
selÊinsured for any of the above insurance requirements, a certification of selÊinsurance
shall be attached hereto and be incorporated by reference and shall constitute compliance
withthis Section.
H. The Agencyrs duties under this Section shall survive the expiration or earlier
termination of this Agreement. The Agency understands, acknowledges and agrees that
for the relevant period of public use set forth in Section 8, the Agency shall maintain
insurance and name the County as an additional insured, all of which shall be consistent
with the requirements of this Section. \
19. ANTI-DISCRIMINATION
King County Code chapters 12.16, 12.17 through 12.1S apply to this Agreement and are
incorporated by this reference as if fully set forth herein. In all hiring s¡ smployment made
possible or resulting from this Agreement, there shall be no discrimination against any
employee or applicant for employment because of sex, age, race, color, creed, religion,
national origin, sexual orientation, gender identity or expression, marital status or the presence
of any sensory, mental, or physical disabilþ unless based upon a bonafide occupational
qualification, or age except by minimum age and retirement provisions, and this requirement
shall apply to but not be limited to the following: employment, advertising, lay-ofl or
tennination, rates of pay or other forms of compeisation, and selection for training, including
apprenticeship. No person shall be denied or subjected to discrimination in receipt of the
benefit of any services or activities made possible by or resulting from this Agreement on the
grounds ofsex, race, color, creed, national origin, religion, sexual orientation, gender identity
or expression, age (except minimum age and retirement provisions), marital status, or the
presence of any sensory, mental, or physical handicap. Any violation of this provision shall
be considered a violation of a material provision of this Agreement and shall be grounds for
cancellation, terrnination or suspension in whole or in part ıf mir Agreement by Ki"g County
and may result in ineligibility for further King County agreements. [Community Parbrer
Name] shall also comply with all applicable anti-discrimination laws or requirements of any
and all jurisdictions having authority.
20. CONFLICT OF INTEREST
KCC Chapter 3.04 @mployee Code of Ethics) is incorporated by reference as if fully set forth
hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the
Agency to comply with any requirement of said KCC Chapter shall be a material breach of
contract.
21. POLITICAL ACTTVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under this
Agreement shall be used for any partisan political activþ or to further the election or defeat
of any candidate forpublic office.
22. PROJECT MAINTENANCE: EOUIPMENT PURCHASE. MAINTENANCE. AND
OWNERSHIP
A. As between the County and the Agenc¡ the Agency shall be responsible to operate and
maintain the completed project at its own sole expense and risk. The Agency shall
maintain the completed project in good working condition consistent with applicable
standards and guidelines. The Agency understands, acknowledges, and agrees that the
County is not responsible to operate or to maintain the project in any way.
B. The Agency shatl be responsible for all property purchased pursuant to this Agreement,
including the proper care and maintenance of any equipment.
C. The Agency shall establish and maintain inventory records and transaction documents
(purchase requisitions, packing slips, invoices, receipts) of equipment and materials
purchased with Agreement funds. The Agency's duties under this Section shall survive
the expiration of this Agreement.
23. NOTICES
Whenever this Agreement provides for notice to be provided by one party to another, such
notice shall be in writing, and directed to the person specified in Section 4 of this Agreement.
Any such notice shall be deemed to have been given on the date of delivery, if mailed, on the
third (3rd) business day following the date of mailing; or, if sent by fax, on the fnst (lst)
business day following the day of delivery thereof by fax.Notice sent solely by e-mail shall be
deemed to have been given on the date of transmission. Either party may change its address,
fax number, email address, or the name of the person indicated as the recipient by notice to the
other in the manner aforesaid.
24. ASSIGNMENT
The Agency shall not assign any portion of rights and obligations under this Agreement or
transfer or assign any claim arising pursuant to this Agreement without the written consent of
the County. The Agency must seek such consent in writing not less than fifteen (15) days
prior to the date of any proposed assignment.
25. CONTRACTAMENDMENTS
This Agreement together with the attached exhibits expressly incorporated herein by reference
and attrached hereto shall constitute the whole Agreement betr¡'een the Parties. Éittrer party
may request changes to this Agreement. No modifications or a¡nendment of this Agreernent
shall be valid or effective unless evidenced by ao Agreement in writing signed by theÞarties.
26. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver
or breach of any provision of the Agreement shall not be deemed to be ã waiver of any other
or subsequent breach and shall not be construed to be a modification of the terms of the
Agreement unless stated to be such through written approval by the County, which shall be
attached to the original Agreement.
27. TÆ(ES
. The Agency agrees to pay on a current basis all taxes or assessments levied on its activities
and property, including, without limitation, any leasehold excise tax due under RCW Chapter
82.29A; PROVIDED, however, that nothing contained- herein will modiff the right of th.
Agency to contest any such tax, and the Agency will not be deemed to be in default as long as
it
"\¡ill,
in good faith, be contesting the validity or amount of any such taxes.
28 w
This Agreement is made in and will be in accordance with the laws of the State of
Washington, which will be controlling ir any dispute that arises hereunder. Actions
pertaining to this Agreement will be brought in King County Superior Court, King County,
Washington.
29. PARAGRAPH HEADINGS
The paragraph headings contained herein are only for convenience and reference and are not
intended to be a part of this Agreement.or in any manner to define, limit, or describe the scope
or intent of this Agreement or the particular paragraphs to which they refer.
30. PTJBLIC DOCUMENT
This Agreement will be considered a public document and will be available for inspection and
copying by the public.
31. LEGAL RELATIONS
Nothing contained herein will make, or be deemed to make, the County and the Agency a
partner of one another, and this Agreement will not be construed as creating a partneishþ or
joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or
obligation in any person or entity not a party to it.
32. SINGULAR PLURAL
'Wherever the context will so require, the singular will include the plural and plural will
include the singular.
33. PERMITS AND LICENSES
The Agency shall design, develop and construct the Project in accordance will all applicable
laws and regulatory requirements including environmental considerations, permitting
determinations, and other legal requirements. All activities and improvements shall be
performed by Agency at its sole expense and liability. The Agency shall, at its sole cost and
expense, apply for, obtain and comply with all necessary permits, licenses and approvals
required for the Project,
34. INTERPRETATION OF COUNTY RULES AND REGULATIONS
If there is any question regarding the interpretation of any County rule or regulation, the
County decision will govern and will be binding upon the Agency.
35. POLICE POV/ERS OF THE COTINTY
Nothing contained in this Agreement will diminish, or be deemed to diminish, the
governmental or police powers of the County.
36. ENTIRE AGREEMENT
This Agreement, including its attachments, constitutes the entire Agreement between the
County and the Agency. It supersedes all other agreements and understandings between them,
whether written, oral or otherwise.
KING COUNTY AGENCY: Kent Parks
FOR
King County Executive Signature
Date NAME (Please type or print), Title
Date
Exhibit I
Sringcourty
YourBlgBactqnrd
Youth Sports Facilities Grant
Scope of Services
Please detail the scope of work to be performed under this contract as described in the YSFG
application. You may use and expand upon the application text. Please be thorough in your
description of both the entire project and how the YSFG grant will be spent on your project.
The work being performed under this contract will construct a 3,800 square foot
futsal court at West Fenwick Park on the West Hill of Kent. This project will use
high quality materials that will provide a high level of play, and a durable synthetic
turf playing surface that is playable in wet weather. The boards will be composed
of a high density plastic that is both safe and durable. The posts will be made from
galvanized steel.
The futsal court will allow for high intensity use year round. It will provide a new
attraction at an aging community park, and take advantage of the park's existing
amenities, such as parking, a restroom, drinking fountains and seating areas.
This project meets the community's need for more high quality recreational
opportunities, and this specific area's need for more opportunities to play soccer.
Kent's West Hill has a diverse population, and a large percentage of low-income
residents. Soccer is a very accessible sport since a ball is all you need to play.
The futsal court will be designed and built to be ADA accessible, ensuring all Kent
residents have access to it.
Exhibit Il
YSFG Project Budget
YSFG Grant
Request
$ 10.000
$65,000
YSFG Grant
$75,000
Cash
$10,000
$7s,000
Cash
$125,000
$20,000
$20,000
Prof. Service
$o
Prof. Service
Donated
Materials
Donated
Mate.ials
$o
Project Funding
Project Match (see Match tab)
Volunteer 91 5
p/h
Volunteer
$o
Project Costs
$ 10,000
$o
$0
$85,000
$6s,000
920,000
$20,000
$o
$0
$0
$o
$o
$o
$0
$o
$200,000
2t1
4t30
4t30
4l3Q
4t1
Timeline
Start / Finish
'tot1
4t1
411
3t1
311
Planning
Boards/Goais
Synthet¡c Turf
lnstallation
lvlisc. Site Prep
Project Name
Project Tasks
)lanning and Des¡gn
:onstruct¡on / lnstellet¡on
Other Costs
Project Gost Total
Subtotals:
PROJECT COSTS
$200,000
TOTAL PROJECT MATCH
PROVIDED
$125,000
YSFG REQUEST
$75,000
Totals:
YSFG Project Match
Project Name:
Project Match Budget
Cash
115625
9375
$ 125,000
$125,000
Prof. Service
$
Donated
Materials
$
Volunteer
$15 p/h
$
Please list below the different sources of match funding. For example,
Parks CIP, volunteer labor, professional construction services, or cash from
the community group. Applicant must be prepared to document committed
funds upon request.
c/P
C
P
Total match must be equal to amount noted on the budqet tab (i32)
Match source & status (committed or pendinq) d
Parks CIP
Donation from Kent Parks Foundation
1
2
3
4
5
6
Exhibit III
!fl rittsc*"ty
æffiffi ffi
YourBfgBaclSrard
Youth Sports Facilities Grant
Reimbursement Request
THIs ReIiMSURSEMENT REeUEST IS FoR ACTIVITTES / seRvrces RENDERED UNDER rse Youru SpoRrs Fecrlrry
GR¡,NI (YSFG) AcnneveNr TDENTTFTED AS:
PRorecr Nave Cournacr #
THe cosrs AS eRESENTED IN THrs REeUEST wERE TNCURRED BETwEEN THE TrME pERroDS or (onres)
CgecT V/HEN THIS IS FINAL REIMBURSEMENT REQUEST
PLNISn READ CAREFULLY BEFoRE SUBMITTING A REIMBURSEMENT REQUEsT
It is the responsibility of the Agency (grant recipient) to clearly document and list with highlights the
supporting documentation of the incurred expenses. You must also clearly and adequately document the
match expended. Track these expenses and reimbursements on the budget form (Exhibit IÐ and submit this
pa5a, the budget form (Exhibit ID, and all supporting documents together when requesting reimbursement.
I CNRTTTy THAT THE REIMBURSEMENT REQUE ST IN THE AMOUNT OF $HAS BEEN
TNCURRED AND PAYMENT HAS BEEN MADE OR IS NO\ry DUE AND THAT NECESSARY RECEIPTS OR INVOICES
ARE ATTACHED.I ALSO CERTIFY THAT TUP M.ITCH EXPENDED ON THIS PROJECT AS NOTED ON THE
BUDGET FORM IS ACCURATE AND DOCUMENTED.
AUTHORIZED SIGNATURE
TO
Submit To:
King County Parks
Attention: Butch Lovelace
201 South Jackson, Suite 700
Seattle, WA 98104-3855
From:
Organization:
Address:
Contact:Phone:
Trrle
DATE
Exhibit Iv
1
[flrcngc",rnty
YotuBþBaagnrrd
Youth Sports Facilities Grant
Invoicing & Recordkeeping
King County grant funds can be requested and paid to the Agency only after the
costs have been incurred. To receive reimbursement, the Agency must submit to
King County Parks an accurate and complete invoice based on the Budget
(Exhibit II) with supporting documentation such as bills which have been paid,
receipts or invoices that are due and payable. DO NOT SEND PARKS THE
ORIGINALS; KEEP ORIGINALS IN YOUR PROJECT FILE AND SEND
COPIES.
The attached budget form (Exhibit II), is the same budget form used for the
application. That form should be used for tracking the budget and submitted when
requesting reimbursement, either in part or whole, and updated through the life of
the grant. It is used for all stages of the grant-application, contract submittal, and
reimbursement request.
The Agency will receive reimbursement from King County within approximately
15 working days after Parks receives the invoice. The Agency must pay any bills
due before or after receipt of County funds.
The Agency shall follow the guidelines as outlined in Sections 10 & 11 of the
Contract related to recordkeeping.
2.
3
4.
Exhibit V
\fl rinsGoumy
YourBþSaclayurd
Youth Sports Facilities Grant
Design Documents
Please provide design documents and any specifications that detail the project, particularly
related to the YSFG portion if part of a larger project. Scale your documents to 8 % x 11 inches
if possible. Include the following details if applicable:
o Facility dimensions
o Specifications on drainage, irrigation, and lighting, fencing and other applicable
information related to fields
o Material and equipment specifications
o Playgtrounds: The manufacturer is usually able to provide a schematic design that details
the layout and specific playground pieces
¡ Site plan
The design of the project is still in development. The facility will be very similar to
the one shown in the attached photo. The exact location is yet to be determined
because it is being built in conjunction with a larger park renovation project. The
planning process for that larger renovation project will begin in summer 2OL7.
Attached is the original site plan for the futsal court that the funding board had
some questions about. The hope is that building this project in conjunction with the
newly renovated park will allow us to better integrate the futsal court with the
higher use area of the park around the restroom building.
.'-ff,F -"iL
,l
i
t,l West Fenwick Park Futsal Court Project
I
i
I
Ipo
bè
I
I
I
I
i
ï !i,,¡ *'r:
..\ \
-- : ::TS:---liq'rr tÊ ï
T
I
Baskelball Court
'h'L
- r|l
|ù
è;
' Tennis Court5257-st {q,I
-
, "l'l'i"
{.. .\1t .!h .'¡* '
\
:
I
l
i
i
F
Futsal
ko\k , Restroom
ffi,e
.r' "
r"-:i
Parkìng Lot
h&
t,.
'
"4s
{.t
r
' .:)
Playground
.t,'& '¡-'''Å"
¿
Exhibit VI
liflrittsco.,my
PTN,rS
YotrrBlgBaclrya¡d
Youth Sports Facilities Grant
Certificate of Insurance
Please return a Certificate of Insurance naming King County as additional insured. See Sections
17 and 18 of the Contract for additional information regarding insurance requirements.
Insurance requirements may vary depending on the scope of the project. Please call the YSFG
project manager if you have questions related to the insurance requirements for your project.
Exh;bì+ YT
HXh¡Cürtty
KING COUNTY
SUBSTITUTE W-9
Request for Taxpayer ldentification number and
Certification
Give form to
King County.
Do not send to lRS.
Name (as shown on lnvoice)
Cityof l(ent
pgsiness Type
l-lAssociation
Eoiuision
ElNon Profit
E Corporation*- Enter Tax Classification
C (C corporation), S (S corporation)
ØGovernment E lndividual
EPartnersnip flsoleProprietor
fJ Disregarded Entity
E t¡m¡teo Liabitity company
ETruslEstate
Business Registration I nformation
Enter where you are registered to do business and the corresponding State Registration Number
PhysicalAddress
220 Fourth Avenue South wA uBr 173-000-002
City, State, and Zip
Kent, WA 98032
Remit Address (if different than above)
SAME
City, State, and Zip
Tax Reporting Name and Tax ldentification Number or Social Security Number
Enter your Tax reporting Name and address. The Tax ldentification number provided must match the name
given on the "Tax Reporting Name" line. For individuals, this is your social security number (SSN).
Tax Reporting Name
City of Kent
Tax Reporting Address
220 Fourth Avenue South
Tax Reporting City, State, and Zip
Kent, WA 98032
Tax ldentification Number, Employer ldentification Number or Social Security Number:
Print Name of Signer >
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct tax reporting name and identification number
2. I am a U.S. citizen, U.S. person or U.S. Business Entity.
3. I am not subject to backup withholding due to failure to report interest and dividend income.
4. I am exempt from FATCA reporting.
Certification in lf you are not a U.S. citizen, U.S. person or U.S. Business Entity, you must cross
out item 2 above. Y a completed King County W9 form as well as a copy of your W-8.
Sign Here >
à+, Ro.Ltr Date signed , zla a'/ l7
Version: 1 King County Substitute W9 Dated 41812014
Agenda Item: Consent Calendar – 7I_
TO: City Council
DATE: April 4, 2017
SUBJECT: Consultant Services Agreement with MacLeod Reckord, PLLC., for the
Morrill Meadows Park Construction – Authorize
SUMMARY: As part of the city’s efforts to work with the YMCA of Greater Seattle to
bring a YMCA facility to the East Hill, the Parks Department recently completed a
planning process for reconfiguring East Hill Park and neighboring Morrill Meadows Park,
resulting in a final Master Plan for the park renovation. This Master Plan combines East
Hill and Morrill Meadows into a single park, proposes a number of new amenities for the
park, and accommodates a new YMCA facility.
The next step toward completion of this project is to develop the concept into a set of
documents that will allow the city to permit, bid, and construct the new park.
The project will proceed in three phases: Phase 1 will involve completing preliminary
site work to remove old park amenities and perform site preparation work; Phase 2 will
involve the construction of the YMCA and related site improvements (to be completed
by the YMCA of Greater Seattle); and Phase 3 will complete site improvements and
construct new park amenities. The drawing set will reflect the phasing of the project.
EXHIBITS: Consultant Services Agreement
RECOMMENDED BY: Parks and Human Services Committee
YEA: Fincher, Higgins, Budell NAY:
BUDGET IMPACTS: Revenue and expense will impact the YMCA/Morrill Meadows
capital budget.
MOTION: Authorize the Mayor to sign a Consultant Services Agreement with
MacLeod Reckord, PLLC., in an amount not to exceed $689,837.58, to create
construction documents for the Morrill Meadows Park Renovation Project,
subject to final terms and conditions acceptable to the City Attorney and
Parks Director.
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
MacLeod Reckord PLLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and MacLeod Reckord organized under the laws of the State of Washington,
located and doing business at 110 Prefontaine Place South, Ste. 600, Seattle, WA 98104 (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
As described in attached Exhibit A, consultant will develop and create construction
documents enabling the city to permit, bid and construct a new combined park including
Morrill Meadows and East Hill Parks, where the YMCA of Greater Seattle will construct a new
facility on the site. Construction will be phased, with each document set reflecting the
current phase of activity.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by December 31, 2018.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$689,837.58, for the services described in this Agreement. This is the maximum amount to
be paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) year from the effective date of this Agreement. The
Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent
of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
/ /
/ /
/ /
/ /
/ /
/ /
/ /
CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Connie Reckord
MacLeod Reckord
110 Prefontaine Place S, Ste 600
Seattle, WA 98104
(206) 323-7919 (telephone)
connier@macleodreckord.com
NOTICES TO BE SENT TO:
CITY OF KENT:
Hope Gibson
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5112 (telephone)
hgibson@kentwa.gov
APPROVED AS TO FORM:
Kent Law Department
P:\Planning\Morrill Meadows\YMCA Facility\MacLeod Reckord Contract Docs\Construction Docs\MacLeod Reckord MM Construction Docs-CONTRACT.docx
EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
1
EXHIBIT A
SCOPE OF WORK
March 10, 2017
MORRILL MEADOWS DEVELOPMENT
KENT, WASHINGTON
PROJECT DESCRIPTION
The City of Kent (City), in cooperation with the YMCA of Greater Seattle (YMCA), seeks to
advance site planning and design for the area known as Morrill Meadows Park, East Hill Park,
and recently purchased assemblage parcels between the two park sites. The scope of new
development includes an approximately 50,000 square foot community recreation facility that
will include a community aquatic center; attendant access road, drop off, and parking lot;
frontage improvements; public/private outdoor courtyards/entry plazas; sport courts; fitness
area/stations; trails; and supporting utilities infrastructure. Approximately 100 stalls of the
required parking is planned for off-site (shared parking with the church), with access provided
directly from on-site.
Some existing park program and facilities located on the Morrill Meadows site are anticipated to
remain, in particular the restroom, picnic shelter, and drop off area from the parking lot.
Upgrades to selected facilities at Morrill Meadows will be included, specifically increase in the
number of available parking stalls at the existing parking lot; expanded children’s play area;
relocated/reconfigured dog park; expanded, realigned, and resurfaced trail system;
accommodation and/or relocation of art/memorial installations; and drainage and utility
improvements.
The intent of both parties is that the park uses on the City land and the YMCA facilities on the
YMCA facility site operate as a unified and mutually beneficial complex.
SCOPE OF WORK
The scope of work includes two distinct phases of development:
I. PHASE I. Full site preliminary planning and design; Project A final PS&E which
includes site demolition, frontage improvements, and utility extensions in advance of
building construction, environmental impact mitigation, and minor trail extensions.
Project A includes YMCA building development, with all building planning and design
by others, but scope of this contract includes final PS&E for site improvements in
direct support of the building such as access and parking, circulation to main entries
and fire access routes, entry plaza, and planting/irrigation. Scope includes:
a. Preliminary planning, design, and cost estimating for full site improvements
(Projects A and B) to a 30% plan level.
b. Review of Geotechnical Engineering report as provided by City.
c. Review and formatting of topographic/boundary survey as provided by City.
d. Preparation of Traffic Impact Study.
e. Preparation of Conceptual Storm Drainage Plan.
f. Preparation of Conceptual and Final Environmental Mitigation Plan.
g. Preparation of final PS&E (60%, 90%, and 100%) for Project A improvements
which includes demolition of all structures except residential home; frontage
improvements with bike lane, curb, gutter, and sidewalk; channelization
revisions; intersection improvements at new entry (excluding signalization); street
lighting improvements; parking lot and drop off area; path and plaza development
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in immediate proximity to the new building; layout, grading, planting, and
irrigation for Project A area improvements; pedestrian level lighting for building
related plazas; parking lot lighting; initial utility extensions for building and future
park improvements including domestic water and sanitary sewer; initial
electrical, phone, internet extensions for building and future park improvements;
initial storm drainage extensions and infrastructure to accommodate future
improvements; final mitigation plan grading and planting plans as required for full
site development; final utility extensions for building and future park
improvements including domestic water and sanitary sewer; final electrical,
phone, internet extensions for building and future park improvements; final storm
drainage extensions and infrastructure to accommodate future improvements.
Plans to include making a distinction in Contractor’s phasing of work for finish
items (final lift parking lot HMA, parking lot planting, clean up) to be done at the
completion of building construction, approximately 1 year after start of building
construction.
h. Permit applications for Project A development (excludes any building permits).
i. Coordination with YMCA/Architect on site development for building.
j. Storm water quality/quantity treatment anticipated to be underground vault
system.
II. PHASE II. Project B includes final PS&E for the balance of planned park
improvements. Scope includes:
a. Preparation of final PS&E (60%, 90%, and 100%) for Project B improvements
which includes remaining path and plaza development not included in Project A;
play area development and redevelopment; small and large dog park; sport
courts; amphitheater; layout, grading, planting, and irrigation for Project B area
improvements; pedestrian level lighting for building related plazas and sport
courts; final utility extensions for park improvements including domestic water;
final storm drainage extensions and infrastructure to accommodate park
improvements. Project A improvements also include striping changes only to
west (Morrill Meadows) parking lot, and installation of underdrainage and surface
drainage structures to correct existing drainage problem at existing picnic shelter.
b. Permit applications for Project B development.
TASKS
The work will consist of the following Tasks:
Phase I
Task 1 – Project Management
Task 2 – Project Initiation and Data Collection
Task 3 – Schematic Design (30%) and Reporting
Task 4 – Design Development (60%)
Task 5 – Permit Application and Environmental Reporting
Task 6 – Construction Documents (90%)
Task 7 – Bid Documents (100%)
Task 8 – Bidding and Award
Phase II
Task 1 – Project Management
Task 2 – Project Initiation
Task 3 – N/A
Task 4 – Design Development (60%)
3
Task 5 – Permit Application and Environmental Reporting
Task 6 – Construction Documents (90%)
Task 7 – Bid Documents (100%)
Task 8 – Bidding and Award
ROLES & RESPONSIBILITIES
MacLeod Reckord will contract with sub-consultants as identified below. Roles and
responsibilities are as follows:
• MacLeod Reckord (MR) – Project management; team coordination; landscape
architecture lead; plans, specifications, and cost estimate documentation lead; project
oversight; and QA/QC.
• PACE Engineers (PACE) – Civil engineering; utility design/extension and
documentation; storm drainage and TESC design and documentation; NPDES, SWPPP
lead and construction level permit application support.
• Michael Leonard Associates (MLA) – Structural engineering; misc. site improvements
including walls, storm drainage vaults, kiosks, fencing.
• Herrera Environmental Consultants (Herrera) – Environmental science; critical area
reporting; conceptual and final mitigation design and documentation; environmental
permit application.
• Transpo Group (Transpo) – Traffic engineering and reporting; access and intersection
improvements (excluding signalization) and documentation.
• Stantec – Lighting design and electrical engineering; frontage improvement lighting; site
and building distribution; parking lot lighting; pedestrian level lighting of sport courts and
plazas.
GENERAL PROJECT ASSUMPTIONS
1. The City will provide survey and mapping including wetland delineation flags and
boundaries, 3D surfaces, on-site and required site perimeter utilities including location,
size, invert elevations at structures, and tree survey as required to meet City code for
tree removal or disturbance. City will update base survey at the completion of Project A
construction for purposes of providing accurate as-built information for the next phase of
contract documents.
2. The City has provided available storm reports, utility and record drawings for the project
site. Additional off-site storm water assessment may be required and will be provided by
the team.
3. Due to high level of uncertainty in the permit application, review, and resubmittal
process, the permit application support provided by the Consultant team will be provided
to the limitations indicated in the fee proposal.
4. The City has contracted directly with HWA GeoSciences for geotechnical evaluation and
engineering for the site. MacLeod Reckord to coordinate with HWA to ensure information
is provided to support construction for multiple phases. Information will be made
available to MacLeod Reckord for design and engineering purposes.
5. Scope of work for demolition excludes residential home, which will be the responsibility
of the City. The City has indicated hazardous materials are not to be anticipated in any
demolition efforts, so no scope for hazmat removal has been included.
6. No additional public outreach efforts anticipated. Posting/management of consultant-
provided documents on the City’s website is by City personnel.
7. Plans and specifications anticipated to be prepared and written in CSI Master
Specification Format.
8. Coordination with YMCA personnel or Architect or other third parties will be through the
City or directly, as authorized by City.
4
9. Meetings and deliverables have been included in the Scope as outlined herein.
10. Submittal review comments will be provided by the City to the Consultant in one
consolidated set. Responses to be provided similarly.
11. Wet utility design assumes gravity flow for all wet utility systems. No scope for
pumping/lift station design has been included.
12. Lighting study is not included in this scope.
13. It is acknowledged that YMCA is pursuing LEED™ silver with building construction
however LEED Process for the site is not included at this time, however sustainable
building practices will be incorporated into site design as program and budget allow. Any
documentation of site elements for LEED will be assumed to be prepared by the
architect.
SCHEDULE
The scope of work is premised on a Notice-to-Proceed date of approximately March 2017.
The following outlines a draft schedule, to be updated as City/YMCA schedule dictates.
Project A – anticipated 12 month design and 12 month construction duration, and will
coincide with YMCA building design/construction.
March 2017 – NTP
July 2017 – 30% plans complete
October 2017 – 60% plans complete, environmental permit application submittal
February 2018 – 90% plans complete
March 2018 – 100% plans complete
April 2018 – Bid/Award
May 2018 – Construction begins
July 2018 – Construction of building begins
July 2019 – Final lift parking lot HMA, parking lot planting, finish Project A, open building
Project B – unknown at this time, potentially:
August 2018 – 60% plans complete
November 2018 – 90% plans complete
March 2019 – 100% plans complete
April 2019 – Bid/Award
May 2019 – Construction begins
BUDGET
Construction budget anticipated for:
Projects A and B approximately $5,000,000.
Budgets exclude any building-related work.
PHASE I
Task 1 Project Management
1.1 Project Coordination: Coordinate with the City to ensure work products are exchanged
in a timely manner, that work is completed on schedule, and meets the City’s
requirements. Coordinate with team members to discuss and distribute project data,
ensure timely product delivery, and respond to requests for information.
1.2 Subcontracting: Coordinate scope definition and contracting with sub-consultants.
5
1.3 Document Management: Provide for the management of documents received and
generated over the course of the project, including review, conversion, distribution, filing,
and storage.
1.4 Project Schedule: Develop and update project schedule.
1.5 Quality Assurance/Quality Control: Conduct a quality assurance check of all
deliverables prior to submittal to the City.
1.6 Invoicing: Prepare and submit regular invoicing and monthly progress reports.
Understanding
• Project management will be budgeted for 13 months (design through bidding)
• Progress billings will be submitted monthly to the City
• Budget for peer checks for quality control is included within budget for design tasks
Deliverables
• Contract Documents
• Project Schedule
• Meeting Notes as required
• Invoicing and Progress Reports
Task 2 Project Initiation and Data Collection
2.1 Kick Off Meetings: Coordination meetings with City staff to review scope and schedule
and define Work Plan. Coordination meeting with the City and their assigns (YMCA or
others as determined by City) to review background, gather data, discuss coordination
items, identify major milestones, and confirm other processes and schedule. Anticipate 1
kickoff meeting. Attendees: entire team.
2.2 Background Information and Document Search: Document search and assembly to
provide background information for analysis and planning efforts.
a. Demolition – determine/identify requirements for building and utility demolition
b. Utilities – assess utility extensions/upgrades (water, sewer) required for YMCA
and park improvements
c. Storm Drainage – determine requirements for TESC and storm drainage
d. Parking – confirm on-site and shared use requirements for parking
e. Environmental/Permitting – identify permit applications necessary for
development and environmental documents necessary for impacts to critical
areas
f. Geotechnical – review findings; identify any additional information required
g. Traffic – assess available data for traffic impact study and planned intersection
improvements
h. Electrical/lighting – assess electrical connections/upgrades as required for YMCA
and park improvements
i. YMCA Building – review architect’s preliminary building plans/specs and
collaborate with YMCA personnel to resolve site development requirements
2.3 Base Mapping: Format base mapping using survey as provided by City; identify any
downstream storm drainage or off-site utility (storm, water, sewer, power) information
necessary for project development. Additional off-site information as may be required to
be provided by City, or may be supplemental services by Consultant.
2.4 Site Reconnaissance: Site reconnaissance for purpose of advancing plans and
documentation.
2.5 Team Coordination Meetings: Coordination meetings with team to review background
data and mapping, and collaborate on strategies for initial planning. Anticipate 1 team
coordination meeting. Attendees: entire team.
6
2.6 City/YMCA/Architect Coordination Meetings: Coordination meetings with
City/YMCA/Architect to review/confirm background data and summaries. Anticipate 1
Owner coordination meeting. Attendees: entire team.
Understanding
• Additional/follow up meetings may be via conference call
Deliverables
• Technical memo on (a) demolition plan requirements, (b) utility extensions/upgrades,
(c) storm drainage requirements, (d) permit applications and supporting environmental
documentation, (e) traffic data, and (f) electrical connections
• Base map
• Meeting notes
Task 3 Schematic Design (30%) and Reporting
The purpose of this task is to establish conceptual design for the full build-out of the project
(Projects A, B, and C) to better define the specific scope of individual projects. Plans will
anticipate the phased development, showing limits of work, including overlap as necessary, and
clearly define sequence of construction for each trade. Cost estimates will be presented in three
project breakdown.
3.1 Comprehensive Site Plan: Provide conceptual layout and grading for comprehensive
site plan improvements, including building footprint that is currently available and on-site
parking requirement confirmation as provided by City/YMCA. Identify three Project Areas
in plan and identify locations of overlap in construction.
3.2 Construction Access and Staging Plan: Provide construction access and staging plan
to address three Project Areas of construction. May be coordinated with TESC Plan.
3.3 Site Demolition Plan: Provide for demolition of all site improvements and structures
that conflict with proposed development plans. This is the only plan that will not make a
distinction between Project Areas, as all demolition will be done at one time. Any future
minor demolition efforts as a result of phasing will be incorporated into 60% plans.
3.4 Temporary Erosion and Sedimentation Control Plan: Provide TESC plan to address
three Project Areas of construction. May be coordinated with Construction Access and
Staging Plan.
3.5 Domestic Water and Sanitary Sewer Extension/Connection Plans: Provide
conceptual utility routing for water and sewer. Coordinate with City and Districts to define
requirements for both systems. Define three Project Areas of construction, identifying
locations for capped lines, temporary connections, and similar.
3.6 Storm Drainage Plan: Provide conceptual layout and preliminary calculations for storm
drainage plan, including above grade and below grade systems as necessary.
Coordinate with team on location/configuration for rain gardens or similar. Define three
Project Areas of construction, identifying locations for temporary facilities if necessary.
3.7 Frontage Improvement Plan: Provide conceptual layout and preliminary grading
(plan/profile) for frontage improvements. This work will be completed as Project A and
should be planned accordingly.
3.8 Site Layout and Grading Plan: Provide conceptual layout and preliminary grading for
site improvements.
3.9 Planting and Irrigation Plan: Provide conceptual planting plan and area coverage
irrigation plan. Identify phased irrigation improvements at a conceptual level.
3.10 Environmental Mitigation Plan: Provide conceptual grading and planting plan for
environmental mitigation as proposed for full site impacts.
7
3.11 Conceptual Details/Enlarged Plans: Provide details and cross sections to describe
selected site improvements to a conceptual level. At a minimum provide sport court
layout, parking and path sections, and manufacture cut sheets for amenities.
3.12 Traffic Impact Study: Prepare Traffic Impact Study based on full build-out program as
defined by City with YMCA input. Identify impacts of/mitigation for phased construction.
3.13 Intersection Improvement Plan: Provide conceptual layout plan for new primary
entrance intersection at SE 248th Street and 109th Ave SE. This work will be completed
as Project A and should be planned accordingly.
3.14 Electrical Service Extension Plan: Provide conceptual layout for electrical service for
site and building requirements. Define phased system of construction, identifying
locations for temporary connections if necessary.
3.15 Conceptual Level Cost Opinion: Provide 30% level cost opinion for two distinct
Projects (A and B) of construction, each including any demolition/retrofit as necessary
from earlier work.
3.16 Team Coordination Meetings: (2) Coordination meetings with team to review plan
development, and collaborate on strategies for phasing. Attendees: Initial meeting:
entire team; Follow-up meeting: MR, PACE, Transpo, Stantec.
3.17 Review/approval: Attend City meeting for review/comment of 30% plans, reports, and
cost opinion. Provide summary response to comments. Attendees: MR, PACE, Transpo,
Stantec.
Understanding
• Selected meetings may be via conference call
•
Deliverables
• 30% Concept Plans and Cost Opinion; Traffic Impact Study
• Meeting notes
Task 4 Design Development (60%)
The purpose of this task is to advance the design of Project A. Level of completion will be
suitable for initial permit application. Cost estimates will be advanced and spec outline provided.
4.1 Cover and General Notes Sheets: Provide cover, notes, abbreviations, legends, and
similar front end information for the plan set.
4.2 Construction Access and Staging Plan: Advance access plan, details, and notes.
May be combined with TESC Plan. Coordinate plan with building construction schedule
and YMCA’s contractor’s access and staging requirements.
4.3 Site Demolition Plan: Advance demolition plan, details, and notes.
4.4 Temporary Erosion and Sedimentation Control Plan: Advance TESC plan, details
and notes. Identify any elements that will remain throughout development of Project B.
4.5 Domestic Water and Sanitary Sewer Extension/Connection Plans: Advance water
and sewer plan, profile, details, and notes. Prepare documentation necessary to support
permit application review and District review for both systems. Note this documentation
excludes building systems. System design may need to accommodate 2 stages in
contractor’s work as warranted by improvements and building footprint – initial stage to
bring utilities onto site from the street, final stage to bring utilities to within 5’ of building.
Connection to future drinking fountains will be planned/permitted for in this Phase I,
under Project A. Final installation of drinking fountains and connections to same will be
done in Phase II, Project B.
8
4.6 Storm Drainage Plan: Advance plan, profile, details, notes, and calculations for storm
drainage plan. Coordinate with team on refining size and location for vaults, access
hatches, rain gardens or similar. Prepare documentation necessary to support permit
application review and agency review.
4.7 Frontage Improvement Plan: Advance layout plan/profile, details, and notes for
frontage improvements. Prepare documentation necessary to support permit application
review.
4.8 Site Layout Plan: Advance layout of parking lot, drop off area, fire access route, entry
plaza, building related pathways and on-grade access path to church parking lot.
4.9 Site Grading Plan: Advance grading plan for site improvements noted in Site Layout
Plan.
4.10 Planting Plans: Develop planting plans for Project Area A. Limit improvements to those
areas that will not be impacted with future construction activity. Identify 2 stages for
contractor’s work, with the final stage being parking lot planting at the time of completion
of the building.
4.11 Irrigation Plans: Develop irrigation plans for Project Area A. Selected (source/control)
segments of irrigation may be temporary, to be modified with future connections
occurring under Project B.
4.12 Environmental Mitigation Plans: Advance grading and planting plan for environmental
mitigation as proposed for full site impacts, which are planned to be only impact to
wetland buffer. Coordinate with permit application documents as required and as noted
in Task 5.
4.13 Structural Plans: Advance structural details and preliminary calculations for low walls
(exceeding 4’ height from bottom of footing) in close proximity to the building.
4.14 Intersection Improvement Plan: Advance layout plan, including channelization plan,
details, and notes for new primary entrance intersection at SE 248th Street and 109th Ave
SE.
4.15 Electrical Service Extension Plan: Advance electrical plan, details, and notes. Prepare
documentation necessary for PSE review/approval of street lighting, signal control, and
future service for building.
4.16 Electrical and Lighting Plans: Prepare electrical/lighting plan, details, and notes.
Prepare documentation necessary for building service, parking lot lighting, pedestrian
level lighting for building related plazas and connecting paths.
4.17 Construction Details: Advance construction details to support permit application.
4.18 Cost Opinion: Provide 60% level cost opinion.
4.19 Specification Outline: Provide specification outline for Divisions 2 through 34, CSI
format.
4.20 Team Coordination Meetings: (2) Coordination meetings with team to review plan
development. Attendees: Initial meeting: entire team; Follow-up meeting: MR, PACE,
Transpo, Stantec.
4.21 Review/approval: Attend City meeting for review/comment of 60% plans, reports, and
cost opinion. Provide summary response to comments. Attendees: MR, PACE, Transpo,
Stantec.
Understanding
• Selected meetings may be via conference call
Deliverables
• 60% Plans and Cost Opinion; Specification Outline
9
• Meeting notes
Task 5 Permit Application and Environmental Reporting
5.1 Permit Application: Provide completed application for the permits noted below. Submit
with 60% documents.
a. Civil Construction
b. Critical Areas Review
c. Demolition
d. Franchise Utility
e. Grade and Fill
f. Public Works Utility
g. Resubmittal Form
h. Sewer Permit
i. Street Use and Street Cut
j. Traffic Control Plan Checklist
k. Water Permit
5.2 Environmental Permits and Reporting: Prepare environmental documents as required
to address site construction and mitigation proposal. Provide application with 60%
documents. Documents include:
a. Wetland Mitigation Plan (includes 30-60% level conceptual mitigation proposal)
b. SEPA Environmental Checklist
5.3 Team and Agency Coordination Meetings:
a. (1) Coordination meeting with team to resolve permit application issues.
Attendees: entire team.
b. (1) Coordination meeting with City/YMCA to resolve permit coordination issues.
Attendees: MR, PACE, Transpo, Stantec.
c. (1) Pre-application meeting with City. Attendees: entire team.
5.4 Other Permits/Documents: Prepare draft SWPPP for submittal with 60% set; prepare
Notice of Intent for NPDES for submittal with 90% set.
Understanding
• Selected meetings may be via conference call
• No federal funds will be used for the project
• No NEPA process; no discipline reports required
• SEPA determination will likely be Mitigated Determination of Non-Significance
• Documentation and permitting assumes impacts to wetland buffers, no impacts to
waters of the State
• Wetland buffer mitigation will be provided on site, no off site mitigation will be
necessary
• Wetland Mitigation Report will draw from existing conditions documented in the Critical
Areas Report (Herrera 2016) prepared for the project and will be drafted in accordance
with Kent City Code Chapter 11.06
• A cultural resources report will be prepared by others for compliance with Section 106
of the National Historic Preservation Act
Deliverables
• Completed Permit Applications and supporting documentation as noted above.
Task 6 Construction Documents (90%)
6.1 Final Plan Preparation: Prepare final plans incorporating staff review comments, permit
application comments and requirements, and coordination directives.
10
6.2 Final Cost Opinion: Finalize cost opinion based on updated plans, comments, and
current unit pricing.
6.3 Final Specifications: Provide specification sections for Divisions 2 through 34, CSI
format. Provide review/comment of Division 1 as provided by City. Review Division 0 for
consistency and provide comment.
6.4 Final Reports and Calculations: Update and finalize reports and calculations
incorporating staff review comments and coordination directives. Incorporate any
changes necessary for permit (re)submittal.
6.5 Updated Permit Applications: Update and finalize permit applications incorporating
permit application comments and requirements, and required design changes.
6.6 Team Coordination Meeting: (1) Coordination meeting with team to finalize plan
development. Attendees: entire team.
6.7 Review/approval: Review City comments of 90% plans, details, notes, cost opinion,
and specifications. Provide summary response to comments.
Understanding
• Selected meetings may be via conference call
Deliverables
• 90% Plans, Cost Opinion, and Specifications
• Final Reports and Calculations as noted above
• Final Permit Applications
• Meeting notes
Task 7 Bid Documents (100%)
7.1 Final Document Preparation: Prepare final plans, specifications, cost opinion,
calculations, and documentation necessary for 100% complete Bid Document ready-
package. Deliver to City in paper and electronic form, suitable for bidding.
Deliverables
• 100% Plans, Cost Opinion, and Specifications
• Final Documents for Bidding
Task 8 Bidding and Award
8.1 Pre-Bid Conference: Attend pre-bid conference.
8.2 Bidder Response: Field questions from bidders, provide response.
8.3 Addenda and Conformed Set: Contribution to up to two addenda during the Bidding
phase is included in this task. Submit addenda in electronic format to City. At completion
of bidding/award, prepare a conformed set of construction documents for the City and
Contractor.
8.4 Bid Opening: No work.
8.5 Council Meeting: No work.
Understanding
• (1) Pre-Bid meeting (MR)
• Up to 2 addenda to be provided to the City for distribution
Deliverables
• Addenda (if necessary)
• Response to bidder questions
• Meeting notes
11
• Conformed Set
PHASE II
Task 1 Project Management
1.1 Project Coordination: Coordinate with the City to ensure work products are exchanged
in a timely manner, that work is completed on schedule, and meets the City’s
requirements. Coordinate with team members to discuss and distribute project data,
ensure timely product delivery, and respond to requests for information.
1.2 Subcontracting: N/A, anticipating this is all completed under Phase I.
1.3 Document Management: Provide for the management of documents received and
generated over the course of the project, including review, conversion, distribution, filing,
and storage.
1.4 Project Schedule: Develop and update project schedule.
1.5 Quality Assurance/Quality Control: Conduct a quality assurance check of all
deliverables prior to submittal to the City.
1.6 Invoicing: Prepare and submit regular invoicing and monthly progress reports.
Understanding
• Project management will be budgeted for 12 months from beginning of preparation of
60% documents through bidding and award.
• Progress billings will be submitted monthly to the City
• Budget for peer checks for quality control is included within budget for design tasks
Deliverables
• Project Schedule
• Meeting Notes as required
• Invoicing and Progress Reports
Task 2 Project Initiation and Data Collection
2.1 Kick Off Meetings: Coordination meetings with City staff to review scope and schedule
and define Work Plan. Coordination meeting with the City and their assigns
(YMCA/Architect) to review building planning efforts to date, discuss coordination items,
identify major milestones, and confirm other processes and schedule. Anticipate 1
kickoff meeting. Attendees: MR, PACE, Stantec.
2.2 Background Information and Document Search: Research/evaluate any updated
background information on existing park operations and requirements.
2.3 Base Mapping: Format updated base mapping incorporating survey of Phase II
conditions as provided by City.
2.4 Site Reconnaissance: Site reconnaissance for purpose of advancing plans and
documentation.
2.5 Team Coordination Meetings: Coordination meeting with team to review background
data and mapping, and collaborate on planning strategies. Anticipate 1 team
coordination meeting. Attendees: PACE, Stantec, MLA.
2.6 City/YMCA/Architect Coordination Meetings: N/A. Anticipated covered at Kick Off
Meeting.
Understanding
• Additional/follow up meetings may be via conference call
12
Deliverables
• Summary memo outlining scope of park improvements and likely alternatives.
• Base map
• Meeting notes
Task 3 N/A
Task 4 Design Development (60%)
The purpose of this task is to advance the design of Project B. Level of completion will be
suitable for initial permit application. Cost estimates will be advanced and spec outline provided.
4.1 Cover and General Notes Sheets: Provide notes, abbreviations, legends, and similar
front end information for the plan set.
4.2 Construction Access and Staging Plan: Prepare access plan, details, and notes. May
be combined with TESC Plan. Coordinate access and staging plan with building
operations, as YMCA building and surroundings will be open to the public at this time.
4.3 Site Demolition Plan: N/A. Major demolition completed in Phase I. Minor demolition
required to accommodate expansion/connection of site work to be shown in layout
plans.
4.4 Temporary Erosion and Sedimentation Control Plan: Prepare TESC plan, details
and notes.
4.5 Domestic Water and Sanitary Sewer Extension/Connection Plans: N/A. No
additional domestic water service or sanitary sewer extension is anticipated as part of
this phase or Project B. Connection to drinking fountains will be planned/permitted for in
Phase I, Project A.
4.6 Storm Drainage Plan: Prepare plan, profile, details, notes, and calculations for storm
drainage plan. Address drainage problems near existing restroom/shelter area which, for
purposes of this scope assume underdrainage and surface drainage improvements.
Coordinate with team on refining size and location of rain gardens or similar. Prepare
documentation necessary to support permit application review and agency review.
4.7 Site Layout Plan: Prepare layout of remaining path and plaza areas, play area, fitness
stations, sport courts, small and large dog parks; restriping of existing west side parking
lot; and areas for art installation. Proposal includes coordination with artist to incorporate
work. Work assumes play equipment layout and selection, as well as coordination with
supplier by City of Kent. Work assumes no impact to previously planned mitigation
planting.
4.8 Site Grading Plan: Prepare grading plan for site improvements noted in Site Layout
Plan.
4.9 Planting Plans: Develop planting plans for Project Area B.
4.10 Irrigation Plans: Develop irrigation plans for Project Area B. Revise temporary irrigation
from previous phases of work to be permanent.
4.11 Structural Plans: Develop structural details and preliminary calculations for low walls,
sport court footings, structural pavements, art installations, other misc. structural
components.
4.12 Electrical and Lighting Plans: Prepare electrical/lighting plan, details, and notes for
pedestrian level lighting for sport court lighting. Other electrical/lighting elements have
not been defined at this time and may be included as additional services at a later date.
4.13 Construction Details: Develop construction details to support permit application.
4.14 Cost Opinion: Provide 60% level cost opinion.
13
4.15 Specification Outline: Provide specification outline for Divisions 2 through 34, CSI
format.
4.16 Team Coordination Meetings: (2) Coordination meetings with team to review plan
development. Attendees: Initial meeting: MR, PACE, Stantec, MLA; Follow-up
meeting: MR, PACE.
4.17 Review/approval: Attend City meeting for review/comment of 60% plans, reports, and
cost opinion. Provide summary response to comments. Attendees: MR, PACE.
Understanding
• Selected meetings may be via conference call
• Scope of work for the following items is difficult to determine at this time, without further
site work, coordination with City, and advancement of Phase I plans. Scope is limited
to the hours indicated in the fee proposal for:
o Structural work to support artist’s work, and due to unknown extent of proposed
improvements (number/height of walls, type of support structures, etc)
o Irrigation plans, due to unknown existing conditions and extent of work
necessary to blend with existing system.
o Electrical and lighting plans, due to unknown existing conditions and unknown
extend of proposed improvements (how extensive pedestrian/bollard lighting,
how much wall, plaza, or building exterior lighting).
Deliverables
• 60% Plans and Cost Opinion; Specification Outline
• Meeting notes
Task 5 Permit Application and Environmental Reporting
5.1 Permit Application: Provide completed application for the permits noted below. Submit
with 60% documents.
a. Civil Construction
b. Grade and Fill
c. Public Works Utility
d. Resubmittal Form
e. Traffic Control Plan Checklist
5.2 Environmental Permits and Reporting: N/A. Completed in Phase I.
5.3 Team and Agency Coordination Meetings:
a. (1) Coordination meeting with team to resolve permit application issues.
Attendees: MR, PACE.
5.4 Other Permits/Documents: Prepare draft SWPPP for submittal with 60% set; prepare
Notice of Intent for NPDES for submittal with 90% set.
Understanding
• Selected meetings may be via conference call
• SEPA was completed for entire project in Phase I. No new SEPA or SEPA
Amendment anticipated.
Deliverables
• Completed Permit Applications as noted above.
14
Task 6 Construction Documents (90%)
6.1 Final Plan Preparation: Prepare final plans incorporating staff review comments, permit
application comments and requirements, and coordination directives. Incorporate play
equipment as selected by City.
6.2 Final Cost Opinion: Finalize cost opinion based on updated plans, comments, and
current unit pricing.
6.3 Final Specifications: Provide specification sections for Divisions 2 through 34, CSI
format. Provide review/comment of Division 1 as provided by City. Review Division 0 for
consistency and provide comment.
6.4 Final Reports and Calculations: Update and finalize reports and calculations
incorporating staff review comments and coordination directives. Incorporate any
changes necessary for permit (re)submittal.
6.5 Updated Permit Applications: Update and finalize permit applications incorporating
permit application comments and requirements, and required design changes.
6.6 Team Coordination Meeting: (1) Coordination meeting with team to finalize plan
development. Attendees: MR, PACE.
6.7 Review/approval: Review City comments of 90% plans, details, notes, cost opinion,
and specifications. Provide summary response to comments.
Understanding
• Selected meetings may be via conference call
Deliverables
• 90% Plans, Cost Opinion, and Specifications
• Final Reports and Calculations as noted above
• Final Permit Applications
• Meeting notes
Task 7 Bid Documents (100%)
7.1 Final Document Preparation: Prepare final plans, specifications, cost opinion,
calculations, and documentation necessary for 100% complete Bid Document ready-
package. Deliver to City in paper and electronic form, suitable for bidding.
Deliverables
• 100% Plans, Cost Opinion, and Specifications
• Final Documents for Bidding
Task 8 Bidding and Award
8.1 Pre-Bid Conference: Attend pre-bid conference.
8.2 Bidder Response: Field questions from bidders, provide response.
8.3 Addenda and Conformed Set: Contribution to up to two addenda during the Bidding
phase is included in this task. Submit addenda in electronic format to City. At completion
of bidding/award, prepare a conformed set of construction documents for the City and
Contractor.
8.4 Bid Opening: No work.
8.5 Council Meeting: No work.
Understanding
• (1) Pre-Bid meeting (MR)
• Up to 2 addenda to be provided to the City for distribution
15
Deliverables
• Addenda (if necessary)
• Response to bidder questions
• Meeting notes
• Conformed Set
END OF PROPOSAL
Morrill Meadows Development
Fee Summary
March 10, 2017
Task/Team
MacLeod
Reckord PACE MLA Herrera Transpo Stantec Subtotal
PHASE I PROJECT A - FINAL PS&E PRELIMINARY PARK IMPROVEMENTS
1.0 Project Management 10,480.00 - 2,552.00 - 800.00 - 13,832.00
2.0 Project Initiation and Data Collection 9,320.00 6,990.00 1,975.00 3,852.18 2,930.00 3,968.00 29,035.18
3.0 Schematic Design (30%) and Reporting 44,180.00 25,458.00 2,575.00 11,926.67 11,780.00 6,015.00 101,934.67
4.0 Design Development (60%)73,235.00 34,746.00 5,550.00 10,317.15 - 14,370.00 138,218.15
5.0 Permit Application and Environmental Reportin 12,660.00 6,300.00 375.00 32,455.29 - 1,494.00 53,284.29
6.0 Construction Documents (90%)38,430.00 18,102.00 2,900.00 4,099.80 - 5,381.00 68,912.80
7.0 Bid Documents 14,140.00 8,918.00 650.00 2,197.50 - 2,252.00 28,157.50
8.0 Bidding and Award 3,915.00 2,930.00 900.00 - - 624.00 8,369.00
Subtotal 206,360.00 103,444.00 17,477.00 64,848.59 15,510.00 34,104.00 441,743.59
Direct Expenses 1,000.00 315.90 524.31 270.00 0 750 2,860.21
Admin. Mark-up (8%)18,830.69
Total Phase I 207,360.00 103,759.90 18,001.31 65,118.59 15,510.00 34,854.00 463,434.49
Task/Team
MacLeod
Reckord PACE MLA Herrera Transpo Stantec Subtotal
PHASE II PROJECT B
1.0 Project Management 10,200.00 - 2,416.00 - - 12,616.00
2.0 Project Initiation and Data Collection 6,510.00 2,528.00 375.00 2,742.00 12,155.00
3.0 Schematic Design (N/A)-
4.0 Design Development (60%)82,610.00 14,822.00 8,775.00 - 4,531.00 110,738.00
5.0 Permit Application and Environmental Reportin 6,880.00 800.00 - - - 7,680.00
6.0 Construction Documents (90%)29,810.00 10,738.00 3,625.00 - 3,508.00 47,681.00
7.0 Bid Documents 13,220.00 4,682.00 650.00 - 1,438.00 19,990.00
8.0 Bidding and Award 4,235.00 1,998.00 900.00 - 1,644.00 8,777.00 -
Subtotal 153,465.00 35,568.00 16,741.00 - - 13,863.00 219,637.00
Direct Expenses 800.00 170.10 502.23 1,472.33
Admin. Mark-up (8%)5,293.76
Total Phase II 154,265.00 35,738.10 17,243.23 - - 13,863.00 226,403.09
Total Phases I and II 689,837.58$
Page 1 of 1
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the
Consultant’s profession.
EXHIBIT B (Continued)
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit.
3. Professional Liability insurance shall be written with limits no
less than $2,000,000 per claim and $2,000,000 policy
aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance
policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
EXHIBIT B (Continued)
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
Agenda Item: Consent Calendar – 7J_
TO: City Council
DATE: April 4, 2017
SUBJECT: Westview Meadow Final Plat – Approve
On August 9, 2006, the Hearing Examiner recommended approval to subdivide the
Westview Meadow plat, consisting of approximately 3.73 acres into 20 single family
residential lots with an associated storm water tract. The property is currently addressed
as 24317 94th Ave. S. and is further identified by King County tax parcel numbers
1922059165, 1922059267, and 1922059375. The applicant has complied with the
conditions required prior to recordation.
EXHIBITS: Map and Conditions
RECOMMENDED BY: Economic & Community Development & Public Works
Department
BUDGET IMPACTS: None
MOTION: Approve the final plat plan for Westview Meadow and
authorize the Mayor to sign the final plat.
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Agenda Item: Consent Calendar – 7K_
TO: City Council
DATE: April 4, 2017
SUBJECT: King County Water District No. 111 Franchise Ordinance - Adopt
SUMMARY: Over the past year, the City and King County Water District #111 have
been negotiating this franchise agreement, which is the first ever between the city and
an outside utility. The reasons for this franchise are complex, but recent case law
developments in Washington State have created new issues relating to the city’s ability
to impose a utility tax on the District’s operations within city boundaries. Until these
recent developments, it was generally understood that cities could not impose a utility
tax on special purpose districts. In lieu of imposing a utility tax, the city and the District
have agreed to this franchise arrangement.
This franchise runs for ten years, with the opportunity for one five year extension, if the
parties mutually agree to the extension. The franchise fee is six percent of the District’s
gross revenues. “Gross revenues” is, however, defined and limited in the franchise to
be essentially the same revenue sources the city imposes on its own water, sewer, and
storm utilities. In exchange for this franchise fee payment, the city further agrees not
to impose any utility tax during the franchise term.
The franchise addresses and resolves a number of lesser issues regarding, for example,
street widening and relocation or abandonment of system pipes and other facilities, but
the core reason for this franchise is the payment of the franchise fee in exchange for
the city’s promise not to impose a utility tax.
This ordinance was first introduced during the March 21, 2017, City Council meeting.
After discussing with the District, a few minor non-substantive technical corrections
have been made to Section 26 of the final franchise agreement.
EXHIBITS: Franchise ordinance
RECOMMENDED BY: Operations Committee
YEA: Boyce, Thomas, Ralph NAY:
BUDGET IMPACTS: Undetermined, because this is a first-time arrangement, but the
Finance Department has provided a very rough estimate of $200K in additional annual
general fund revenue.
MOTION: Adopt Ordinance No. ______ establishing a 10-year franchise
with King County Water District # 111, and adjust the general fund
budget accordingly.
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1 Franchise -
King County Water District No. 111
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, granting King County
Water District No. 111 a non-exclusive franchise to
construct, maintain, operate, replace and repair a
water system within public rights-of-way of the City
of Kent, and fixing a time when the same shall
become effective.
RECITALS
A. King County Water District No. 111, a Washington special
purpose municipal corporation (“District"), owns water facilities (“Facilities”)
located in the City of Kent, a Washington non-charter municipal code city
("City"), and a portion of such Facilities are located within the City right-of-
way as hereinafter defined; and
B. RCW 57.08.005 (3) authorizes the District to conduct water
throughout the District and any city and town therein, and construct and lay
facilities along and upon public highways, roads and streets within and
without the District; and
C. RCW 35A.47.040 authorizes the City to grant non-exclusive
franchises for the use of the public streets above or below the surface of the
ground by publicly owned and operated water facilities; and
D. the City and the District have prepared a Franchise Agreement
to provide for the operation of District Facilities within the City right-of-way;
2 Franchise -
King County Water District No. 111
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Definitions. Where used in this franchise (the
"Franchise") these terms have the following meanings:
A. "City" means the City of Kent, a Washington municipal corporation,
and its respective successors and assigns.
B. "District" means King County Water District No. 111, a Washington
municipal corporation, and its respective successors and assigns.
C. "Facilities" means tanks, reservoirs, water treatment facilities,
meters, pipes, mains, services, valves, blow offs, vaults, fire suppression
water facilities, risers, generators, electrical control panels, power meters,
telephone connections, pressure reducing valves ("PRVs"), pump stations,
meter stations, interties, lines, and all other necessary or convenient
facilities and appurtenances thereto for the purpose of operating a water
utility system, whether the same be located over or under ground.
D. "Franchise Area" means every and all of the public roads, streets,
avenues, alleys, highways and rights-of-way of the City as now or hereafter
laid out, platted, dedicated or improved in District's service area within the
present corporate boundaries of the City, and as such corporate boundaries
may be extended within District's service area by annexation or otherwise.
E. "Ordinance" means this Ordinance No. ________, which sets forth the
terms and conditions of this Franchise.
3 Franchise -
King County Water District No. 111
F. "Party" or "Parties" means the City or the District individually, or
collectively as addressed in this Franchise.
G. "Revenue" means income received by the District from the sale of
metered water to direct retail customers whose connections to the District's
water system are located within the City. Revenue shall not include: impact
or mitigation fees; permit fees and costs; any type of connection charges,
general facilities charges, or local facilities charges; local improvement
district and utility local improvement district assessments and payments;
grants; contributed assets (contributions in aid of construction); loans;
income from legal settlements not related to water sales to District
customers; income from telecommunication leases or licenses; income from
real property or from real property sales; income from the sale of surplus
equipment, tools or vehicles; interest income; hydraulic modeling fees;
water availability document fees and charges; water system extension
agreement fees and charges; income from street lights; labor, equipment
and materials charges; or any other fees and charges.
SECTION 2. - Franchise.
A. The City does hereby grant to District the right, privilege, authority
and franchise to construct, install, lay, support, attach, maintain, repair,
renew, replace, remove, enlarge, operate and use Facilities in, upon, over,
under, along, through and across open city right-of-ways within the
Franchise Area for purposes of its water utility functions as defined in Title
57 RCW beginning on the Effective Date of this Franchise; provided the City's
grant of the right to use the Franchise Area to the District as provided herein
for its Facilities shall not be construed to require the District to provide such
Facilities to the City.
4 Franchise -
King County Water District No. 111
B. Nothing contained in this Ordinance is to be construed as granting
permission to District to go upon any other public place other than those
types of public places specifically designated as the Franchise Area in this
Ordinance. Permission to go upon any other property owned or controlled
by the City must be sought on a case-by-case basis from the City.
C. In addition to the rights granted to the District to undertake and
perform activities within the Franchise Area as provided herein, District shall
have the right to discharge District water supply to and into the City’s storm
water system while performing water system flushing and other District
activities, provided any District water to be discharged to the City’s storm
water system must comply with all applicable federal and state water quality
standards and the City’s NPDES permit relating to the City’s storm water
system.
D. At all times during the term of this Franchise, District shall fully
comply with all applicable federal, state, and local laws and regulations.
SECTION 3. - Non-interference of Facilities.
A. Survey monuments shall not be removed or destroyed without the
District first obtaining the required Department of Natural Resources (DNR)
permit in accordance with RCW 58.09.130 and WAC 332-120-030, and as
such statute and regulation may be modified and amended. All survey
monuments which have been distributed or displaced by such work shall be
restored pursuant to all federal, state and local standards and specifications.
District agrees to promptly complete all restoration work and to promptly
repair any damage caused by such work at its sole expense.
B. If it is determined that the District has failed to restore the right-of-
way in accordance with this Section, the City shall provide the District with
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written notice, which shall include a description of actions the City believes
necessary to restore the right-of-way. If the right-of-way is not restored in
accordance with the City's notice within fifteen (15) days of that notice, or
such longer period as may be specified in the notice, the City, or its
authorized agent, may restore the right-of-way and District shall be
responsible for all reasonable costs and expenses incurred by the City in
restoring the right-of-way in accordance with this Section. The rights
granted to the City under this Section shall be in addition to those otherwise
provided by this Franchise.
SECTION 4. - Relocation of Facilities.
A. Subject to each party’s prior and consistent compliance with the
Section 6 Planning Coordination requirements below, whenever the City
causes the grading or widening of the Franchise Area or undertakes
construction of storm drainage lines, lighting, signalization, sidewalk
improvement, pedestrian amenities, or other public street improvements
(for purposes other than those described in Section 4(D) below) and such
project requires the relocation of the District's then existing Facilities within
the Franchise Area, the City shall:
(1) Pursuant to RCW 35.21.905, or as amended, consult with the
District in the predesign phase of any such project; and
(2) After receipt of written notice from the City, the District shall
design and relocate such Facilities within the Franchise Area within ninety
(90) days for a smaller project and two hundred forty (240) days for a larger
project to accommodate the City project, unless the Parties agree on a
different time; in any event, the City and the District will, in good faith, use
their best efforts to coordinate their project schedules to avoid delay to the
City’s project. A smaller project could be adjusting, at minimal time and
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cost, a water service line or a meter to a new grade or location, relocation
of a valve box, relocation or extension of a fire hydrant, or relocation of an
air vac assembly or blow off. Notwithstanding the above, the District may,
at any time within thirty (30) calendar days after receipt of written notice
requesting the relocation of its Facilities, submit to the City written
alternatives to such relocations. The City shall within a reasonable time
evaluate such alternatives and advise the District in writing whether one or
more of the alternatives is suitable to accommodate work that would
otherwise necessitate relocation of the Facilities. If so requested by the City,
District shall submit such additional information as is necessary to assist the
City in making such evaluation. The City shall give each alternative full and
fair consideration. In the event the City reasonably determines there is no
other reasonable or feasible alternative, the City shall provide the District
with further written notice to that effect. In that event, the City shall provide
the District with conceptual plans and specifications for the City project and
the District shall then relocate its Facilities by the date so established.
(3) Coordinate and work with the District to minimize conflicts
between existing Facilities and the public improvements where possible, and
to avoid having the District relocate its Facilities whenever possible.
B. If a city project causes the relocation of District Facilities, the cost of
relocating such Facilities existing within the Franchise Area shall be paid as
follows:
(1) If the relocation occurs within ten (10) years after the District
initially constructed such Facility at the District’s cost, then the City shall pay
fifty percent (50%) of the cost of such relocation and the District shall pay
the remaining fifty percent (50%);
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(2) If the relocation occurs more than ten (10) years after the
District initially constructed such Facility, then the relocation shall be at the
District's sole cost.
C. Whenever any person or entity, other than the City, requires the
relocation of District Facilities to accommodate the work of such person or
entity within the Franchise Area, or whenever the City requires the relocation
of District Facilities within the Franchise Area for the benefit of any person
or entity other than the City or the Washington State Department of
Transportation, then District shall have the right as a pre-condition of such
relocation to require such person or entity to:
(1) Make payment to District at a time and upon terms acceptable
to the District for any and all costs and expense incurred by the District in
the relocation of District Facilities; and
(2) Protect, defend, indemnify and save the District harmless from
any and all claims and demands made against it on account of injury or
damage to the person or property of another arising out of or in conjunction
with the relocation of District Facilities, to the extent such injury or damage
is caused by the negligence or willful misconduct of the person or entity
requesting the relocation of District Facilities or other negligence or willful
misconduct of the agents, servants or employees of the person or entity
requesting the relocation of District Facilities.
D. This Section 4 shall govern all relocations of District's Facilities
required in accordance with this Franchise. Any cost or expense in
connection with the location or relocation of any Facilities existing under
benefit of easement or other right not in the Franchise Area shall be borne
by the City, provided the City obtains the District's prior consent to such
location or relocation.
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E. For the purpose of this Section 4, a project or improvement is
considered to be caused by the City (as described in Section 4(A) above) if
it is permitted by the City and both of the following conditions exist:
(1) The City is the lead agency for the project or improvement, and
(2) The City is responsible for the majority of the overall costs of
the improvement or project, which, if applicable, includes any grant money
received by the City from any federal or state agency but shall not include
any funds received by the City from third parties such as developer
assessments, impact fees, contributions in aid of construction, and
contributions in lieu of construction.
F. If a City project requires the relocation of then existing Facilities
within the Franchise Area as provided in this Section 4, the District and the
City may agree to include the relocation of any Facilities as required as part
of the City’s public works project under terms and conditions agreed
between the City and the District.
SECTION 5. - Right-of-Way Management.
A. Excavation. Whenever the District excavates in any right-of-way for
the purpose of installation, construction, operation, maintenance, repair or
relocation of its Facilities, it shall apply to the City for a permit to do so in
accordance with the ordinances and regulations of the City requiring permits
to operate in City right-of-way. No District work shall commence within any
City right-of-way without a permit, except as otherwise provided in this
Franchise and applicable City Ordinance.
B. Restoration after Construction. The District shall, after any
installation, construction, relocation, operation, maintenance or repair of
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Facilities within the Franchise Area, restore the right-of-way as nearly as
reasonably possible to its condition prior to any such work. The District
agrees to promptly complete all restoration work and to promptly repair any
damage to the right-of-way caused by such work at its sole cost and
expense. If it is determined the District has failed to restore the right-of-
way in accordance with this Franchise and other applicable City regulations,
the City shall provide the District with written notice including a description
of the actions the City believes necessary to restore the right-of-way.
C. Bonding Requirement. The District, as a public agency, shall not be
required to comply with the City's standard bonding requirement for working
in the City's right-of-way.
D. Emergency Work, Permit Waiver. In the event of an emergency
where any District Facilities located in the right-of-way are broken or
damaged, or if the District's construction area for the District's Facilities is
in a condition as to place health or safety of any person or property in
imminent danger, the District shall immediately take any necessary
emergency measures to repair, replace or remove its Facilities without first
applying for and obtaining a permit as required by this Franchise; provided
the District shall notify the City as soon as reasonably possible relative to
such emergency activity and shall immediately obtain a permit for such
activity if required by this Franchise or City Ordinance.
E. City Work Zones. The District shall not be required to obtain a City
right-of-way permit to undertake utility work when the City and the District
by separate agreement are jointly undertaking a project in the Franchise
Area and the District work is located within the City "work zone" for which
the City has already approved a traffic control, pedestrian safety or other
applicable plans.
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F. Complete Right-of-Way Permit Applications. If the District is
required to obtain a City right-of-way permit to undertake utility work within
City right-of-way, the City shall issue a permit as soon as reasonably
possible and will use its best efforts to issue the permit within ten (10)
business days of receiving a complete application for such permit from the
District.
G. City Invoices. The City shall invoice the District for all City fees
and charges relating to the issuance of any City right-of-way permit to the
District, including inspection fees and charges, on a monthly basis, and the
City’s final fees and charges within thirty (30) days of the completion of any
District work in City right-of-way subject to a City permit, and the City’s final
acceptance of any such District work.
SECTION 6. - Planning Coordination.
A. The Parties agree to participate in the development of, and reasonable
updates to, the other Party's planning documents to the extent they apply
to the District’s service area within the City limits as follows:
(1) Each Party will participate in a cooperative effort to develop
their respective Comprehensive Plan Utilities Elements that meet the
requirements described in RCW 36.70A.070 (4).
(2) Each Party will participate in a cooperative effort with the other
Party to ensure that the Utilities Elements of their Comprehensive Plans are
accurate as they relate to their operations and are updated to ensure
continued relevance at reasonable intervals.
(3) Each Party shall submit information related to the general
location, proposed location, and capacity of all existing and proposed
Facilities as requested by the other Party within a reasonable time, not
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exceeding sixty (60) days from receipt of a written request for such
information, provided that such information is in the non-requesting Party’s
possession, or can be reasonably developed from the information in the non-
requesting Party’s possession.
(4) Each Party will provide information relevant to their operations
within a reasonable period of written request to assist the other Party in the
development or update of their respective Comprehensive Plan(s), provided
that such information is in the non-requesting Party’s possession, or can be
reasonably developed from the information in the non-requesting Party’s
possession.
B. District and City shall each assign a representative whose
responsibility shall be to coordinate planning for capital improvement plan
projects including those that involve undergrounding. At a minimum, such
coordination shall include:
(1) For the purpose of planning, the District and the City shall
provide each other with a copy of their respective current adopted Capital
Improvement Plan annually and upon request by the other Party.
(2) By February 1st of each year, District shall provide the City with
a schedule of the District's planned capital improvements which may affect
the rights-of-way for that year.
(3) By February 1st of each year, City shall provide the District with
a schedule of City's planned capital improvements which may affect the
rights-of-way for that year including but not limited to street overlays and
repairs, storm drainage improvements and construction, and all other rights-
of-way activities that could affect District capital improvements and
infrastructure.
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(4) The District shall meet with the City, and other franchisees and
users of the right-of-way, as necessary, to schedule and coordinate
construction activities.
(5) All construction locations, activities, and schedules should be
coordinated to minimize public inconvenience, disruption or damages.
(6) The City and the District agree to cooperate in the planning and
implementation of emergency operations response procedures.
(7) Without charge to either Party, both Parties agree to provide
each other with as-built plans, maps and records in electronic format as
available that show the location of its facilities within rights-of-way.
SECTION 7. - Indemnification.
A. District shall indemnify, defend and hold the City, its agents, officers,
employees, volunteers and assigns harmless from and against any and all
claims, demands, liability, loss, cost, damage or expense of any nature
whatsoever, including all costs and attorney's fees, made against them on
account of injury, sickness, death or damage to persons or property which
is caused by or arises out of, in whole or in part, the willful, tortious or
negligent acts, failures and/or omissions of District or its agents, servants,
employees, contractors, subcontractors or assigns in exercising the rights
granted District in this Franchise; provided, however, such indemnification
shall not extend to injury or damage to the extent caused by the negligence
or willful misconduct of the City, its agents, officers, employees, volunteers
or assigns.
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B. City shall indemnify, defend and hold the District, its agents, officers,
employees, volunteers and assigns harmless from and against any and all
claims, demands, liability, loss, cost, damage or expense of any nature
whatsoever, including all costs and attorney's fees, made against them on
account of injury, sickness, death or damage to persons or property which
is caused by or arises out of, in whole or in part, the willful, tortious or
negligent acts, failures and/or omissions of City or its agents, servants,
employees, contractors, subcontractors or assigns in exercising the rights
granted City in this Franchise; provided, however, such indemnification shall
not extend to injury or damage to the extent caused by the negligence or
willful misconduct of the District, its agents, officers, employees, volunteers
or assigns.
C. In the event any such claim or demand be presented to or filed with
the District or the City arising out of or relating to the acts or omissions in
whole or in part of the other Party, the Party shall promptly notify the other
Party thereof, and the notified Party shall have the right, at its election and
at its sole cost and expense, to settle and compromise such claim or
demand.
D. Should a court of competent jurisdiction determine that this Franchise
is subject to RCW 4.24.115, then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of City and District, their officers, employees
and agents, District's liability hereunder shall be only to the extent of
District's negligence. It is further specifically and expressly understood that
the indemnification provided herein constitutes the parties' waiver of
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes
of this indemnification.
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SECTION 8. - Default. If the District fails to comply with any of the
provisions of this Franchise, unless otherwise provided for herein, the City
may serve upon the District a written order to so comply within thirty (30)
days from the date such order is received by the District. If the District is
not in compliance with this Franchise after expiration of said thirty (30) day
period, the City may act to remedy the violation and may charge the costs
and expenses of such action to District. The City may act without the thirty
(30) day notice in case of an emergency.
SECTION 9. - Non-exclusive Franchise. This Franchise is not and
shall not be deemed to be an exclusive Franchise. This Franchise shall not
in any manner prohibit the City from granting other and further franchises
over, upon, and along the Franchise Area, which do not interfere with
District's rights under this Franchise. This Franchise shall not prohibit or
prevent the City from using the Franchise Area or affect the jurisdiction of
the City over the same or any part thereof.
SECTION 10. - Franchise Term. This Franchise shall have a term of
ten (10) years from its Effective Date as defined in Section 29 herein;
provided, this Franchise shall be automatically extended for one additional
five (5) year period unless either Party at least one hundred eighty (180)
days prior to the termination date of the Franchise provides written notice
to the other Party of its intent to terminate the Franchise at the end of the
Franchise term; provided, at the end of the five (5) year term, this Franchise
shall be automatically extended for successive one (1) year periods unless
either Party at least one hundred twenty (120) prior to the termination date
of any one (1) year extension provides written notice to the other Party of
its intent to terminate the Franchise at the end of the then current Franchise
term.
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SECTION 11. - Non-assumption. In consideration of the District's
payment of the Franchise Fee to the City as provided in Section 12 herein,
and the District's acceptance of the other terms and conditions of this
Franchise, the City agrees not to exercise and to forbear its statutory
authority pursuant to chapter 35.13A RCW or other statutes to attempt to
assume jurisdiction over all or part of the District or any District
responsibilities, property, facilities, equipment or utility customers located
within or without the City's corporate limits during the term of this Franchise.
The City's agreement and forbearance includes not facilitating or
cooperating with any other city or town to attempt pursuant to RCW
35.13A.060 or as such statute may be amended or superseded to assume
jurisdiction over the District or any District responsibilities, property,
facilities, equipment or utility customers located within or without the City's
corporate limits during the term of this Franchise.
SECTION 12. - Franchise Fee.
A. In consideration of the rights granted the District under this
Franchise, the District shall pay to the City a franchise fee (“Franchise Fee”)
in the amount of six percent (6.0%) of the District's Revenue beginning the
first day of the first calendar quarter occurring at least sixty (60) days after
the Effective Date of this Franchise, subject to the provisions of Section
12(B) herein.
B. Franchise Fees shall be paid to the City in quarterly installments.
Franchise Fee payments for each calendar quarter or portion thereof shall
be due thirty (30) days following the end of the calendar quarter (quarters
ending at the end of March, June, September and December).
C. Should the District be prevented by judicial or legislative action from
paying any or all of the Franchise Fees, the District shall be excused from
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paying that portion of the Franchise Fee and this Franchise agreement will
immediately terminate, unless the Parties otherwise agree.
D. In consideration of the District's payment of a Franchise Fee to the
City as provided in Section 12 herein, and the District's acceptance of the
other terms and conditions of this Franchise, the City agrees not to exercise
and to forbear any legal authority it may have to impose a utility, business
and occupation tax, public utility tax, privilege tax, excise tax or any other
tax (collectively, "Excise Tax") upon the District based on the District's
revenues, gross receipts, or gross income during the term of this Franchise.
However, if a court of competent jurisdiction determines the City may not
agree to forbear its statutory authority to impose an Excise Tax upon the
District based on the District's revenues, gross receipts, or gross income
during the term of this Franchise, or to limit any such Excise Tax on the
District’s revenues, gross receipts, or gross income, the District shall have
the right and option, at its sole election, to (1) terminate this Franchise and
the payment of Franchise Fees to the City, and if the City determines to
impose an Excise Tax on the District, the District shall have the right to bring
an action to challenge the legal validity of any such Excise Tax, or (2) if the
Parties mutually agree, elect not to terminate this Franchise and the District
may agree to pay any such Excise Tax, provided the District’s Franchise Fees
herein to the City shall be credited against any such Excise Tax the City may
impose.
E. In consideration of the District’s payment of a Franchise Fee to the
City as provided herein, and the District’s acceptance of the other terms and
conditions of this Franchise, the City agrees not to exercise and to forbear
any legal authority it may have to impose compensation or a rental fee
(collectively, “Rental Fee”) upon the District for the District’s use of the
Franchise Area as provided for herein.
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F. The District shall have the right to recover the Franchise Fee from the
District's ratepayers residing within the City and may identify the Franchise
Fee as a separate billing item on utility customer billings by using the
following line item:
“Effect of City of Kent Franchise Fee: $X.xx”
SECTION 13. - Compliance with Codes and Regulations.
A. The rights, privileges and authority herein granted are subject to and
governed by this ordinance and all other applicable City ordinances and
codes, as they now exist or may hereafter be amended, provided the City
shall not unreasonably affect or modify any portion of this Franchise without
District's written approval. Nothing in this ordinance limits the City's lawful
power to exercise its police power to protect the safety and welfare of the
general public. Any location, relocation, erection or excavation by District
shall be performed by District in accordance with applicable federal, state
and City rules and regulations, including the City public works policies and
pre-approved plans, and any required permits, licenses or regulatory fees,
and applicable safety standards then in effect or any Memorandum of
Understanding with District.
B. If any territory served by District is annexed to the City after the
Effective Date of this Franchise, this Franchise shall be deemed to be the
new agreement required to be granted to a franchisee in annexed territory
by RCW 35A.14.900 for whatever period of time is then remaining under
this Franchise for the Franchise Area, unless a longer time period is required
by that statute. Such territory shall then be governed by the terms and
conditions contained herein upon the effective date of such annexation. The
first Franchise Fee for any annexed area shall be calculated pro rata from
the effective date of the annexation to the end of the next calendar quarter
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and paid to the City at the same time as the fee for the Franchise Area is
paid for that quarter.
SECTION 14. - Location of Facilities and Equipment. With the
exception of components that are traditionally installed above ground such
as fire hydrants, blow offs, vault lids, risers, pump stations, generators,
electrical control panels, power meters, telephone connections, automated
reading equipment and appurtenances, and utility markers, all Facilities and
equipment to be installed within the Franchise Area shall be installed
underground; provided, however, that such Facilities may be installed above
ground if so authorized by the City, which authorization shall not be
unreasonably withheld, conditioned or delayed, consistent with the
provisions of the City's land use and zoning code and applicable development
pre-approved plans.
SECTION 15. - Record of Installations and Service. With respect to
excavations by District and the City within the Franchise Area, District and
the City shall each comply with its respective obligations pursuant to chapter
19.122 RCW, and as such statute may be modified and amended, and any
other applicable state law.
Upon written request of the City, District shall provide the City with the most
recent update available of any plan of potential improvements to its Facilities
within the Franchise Area; provided, however, any such plan so submitted
shall only be for informational purposes within the Franchise Area, nor shall
such plan be construed as a proposal to undertake any specific
improvements within the Franchise Area.
Upon written request of District, the City shall provide District with the most
recent update available of any plan of potential improvements to its
improvements located within the Franchise Area; provided, however, any
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such plan so submitted shall only be for informational purposes within the
Franchise Area, nor shall such plan be construed as a proposal to undertake
any specific improvements within the Franchise Area.
As-built drawings of the location of any Facilities placed by District in the
Franchise Area, shall be made available to the City within ten (10) working
days of request.
SECTION 16. - Shared Use of Excavations.
A. District and the City shall exercise best efforts to coordinate
construction work that either Party may undertake within the Franchise Area
so as to promote the orderly and expeditious performance and completion
of such work as a whole. Such efforts shall include, at a minimum,
reasonable and diligent efforts to keep the other Party and other utilities
within the Franchise Areas informed of its intent to undertake such
construction work. District and the City shall further exercise best efforts to
minimize any delay or hindrance to any construction work undertaken by
themselves or other utilities within the Franchise Area.
B. If at any time, or from time to time, either District, the City, or
another franchisee, shall cause excavations to be made within the Franchise
Area, the Party causing such excavation to be made shall afford the others,
upon receipt of a written request to do so, an opportunity to use such
excavation, provided that:
(1) No statutes, laws, regulations, ordinances or District policies
prohibit or restrict the proximity of other utilities or facilities to District's
Facilities installed or to be installed within the area to be excavated;
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(2) Such joint use shall not unreasonably delay the work of the
Party causing the excavation to be made;
(3) Such joint use shall be arranged and accomplished on terms
and conditions satisfactory to both Parties. The Parties shall each cooperate
with other utilities in the Franchise Area to minimize hindrance or delay in
construction.
SECTION 17. - Insurance. District shall maintain in full force and
effect throughout the term of this Franchise, a minimum of Two Million
Dollars ($2,000,000.00) liability insurance for property damage and bodily
injury. In satisfying the insurance requirement set forth in this Section,
District may self-insure against such risks in such amounts as are consistent
with good utility practice. Upon request, the District shall provide the City
with sufficient written evidence, as determined by the City in its reasonable
discretion, that such insurance (or self-insurance) is being so maintained by
District. Such written evidence shall include, to the extent available from
District's insurance carrier, a written certificate of insurance with respect to
any insurance maintained by District in compliance with this Section.
SECTION 18. - Abandonment and/or Removal of District Facilities.
The Parties agree that the standard practice will be to abandon underground
District Facilities in-place whenever practical, subject to the following
conditions:
(1) The District shall continue to own and be responsible for any
such facilities abandoned within the Franchise Area.
(2) The City shall have the right to require the District to remove
any Facilities abandoned within the Franchise Area if the City reasonably
determines the removal of the abandoned Facility is required to facilitate the
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construction or installation of a City project within the Franchise Area and
the City determines there is no other reasonable or feasible alternative to
the removal of the Facility. The City will make reasonable efforts to avoid
conflicts with abandoned Facilities whenever possible, however, whenever a
conflict cannot be resolved except by removal from the right-of-way of
previously abandoned District Facilities, then the District shall, at the
District's expense, remove such abandoned Facilities by their own forces or
by participating in the City’s public works project. When necessary, removal
of abandoned Facilities shall be limited to the area of direct conflict. In
removing such material, the District shall conform to all local, state, and
federal regulations applicable to asbestos abatement, when applicable.
(3) Within ten working days (10) of the District’s permanent
cessation of use of any of its Facilities as determined by the District, or any
portion thereof, the District shall provide the City with as-built record
drawings showing the location of the Facilities to be abandoned. If the
facilities to be abandoned include asbestos pipe, the District will, in good
faith, use its best efforts to provide as-built drawings locating the asbestos
pipe or, if unable to provide as-built drawings, will provide the most
complete and accurate drawings the District can make available to provide
adequate notice of the location of all abandoned asbestos pipe.
(4) District Facilities that are abandoned in-place shall be
abandoned pursuant to City Standards, to the satisfaction of the Public
Works Director.
(5) The Parties expressly agree that this section shall survive the
expiration, revocation or termination of this Franchise, unless modified by
separate agreement.
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SECTION 19. - Vacation of Franchise Area. If the City determines
to vacate any right-of-way which is part of the Franchise Area where District
Facilities are located or maintained, any ordinance vacating such right-of-
way shall provide and condition such vacation on the District obtaining, at
no cost to the District, a permanent easement at least fifteen (15) feet wide
in such vacated right-of-way for the construction, operation, maintenance,
repair and replacement of its Facilities located and to be located in such
vacated right-of-way.
SECTION 20. Assignment. All of the provisions, conditions, and
requirements herein contained shall be binding upon the District, and no
right, privilege, license or authorization granted to the District hereunder
may be assigned or otherwise transferred without the prior written
authorization and approval of the City, which the City may not unreasonably
withhold, condition or delay, provided that a merger or consolidation of
District with or into another Title 57 water-sewer district shall not be
considered an assignment for the purposes of this provision and shall not be
subject to the City's approval.
SECTION 21. - Notice. Unless applicable law requires a different
method of giving notice, any and all notices, demands or other
communications required or desired to be given hereunder by any Party
(collectively, "notices") shall be in writing and shall be validly given or made
to another Party if delivered either personally or by Federal Express or other
overnight delivery service of recognized standing, or if deposited in the
United States Mail, certified, registered, or express mail with postage
prepaid, or if sent by e-mail with electronic confirmation. If such notice is
personally delivered, it shall be conclusively deemed given at the time of
such delivery. If such notice is delivered by Federal Express or other
overnight delivery service of recognized standing, it shall be deemed given
one (1) business day after the deposit thereof with such delivery service. If
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King County Water District No. 111
such notice is mailed as provided herein, such shall be deemed given three
(3) business days after the deposit thereof in the United States Mail. If such
notice is sent by email, it shall be deemed given at the time of the sender's
receipt of electronic confirmation. Each such notice shall be deemed given
only if properly addressed to the Party to whom such notice is to be given
as follows:
To City:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Phone: (253) 856-5725
Fax: (253) 856-6725
To District :
General Manager
King County Water District No. 111
27224 144th S.E.
Kent, WA 98042
Phone: (253) 631-3770
Fax: (253) 631-8072
Any Party may change its address for the purpose of receiving notices as
herein provided by a written notice given in the manner required by this
Section to the other Party.
SECTION 22. - Non-Waiver. The failure of either Party to enforce
any breach or violation by the other Party or any provision of this Franchise
shall not be deemed to be a waiver or a continuing waiver by the non-
breaching Party of any subsequent breach or violation of the same or any
other provision of this Franchise.
SECTION 23. - Alternate Dispute Resolution. If the Parties are
unable to resolve disputes arising from the terms of this Franchise, prior to
resorting to a court of competent jurisdiction, the Parties shall submit the
24 Franchise -
King County Water District No. 111
dispute to mediation or other non-binding alternate dispute resolution
process agreed to by the Parties. Unless otherwise agreed upon between the
Parties or determined herein, the cost of that process shall be shared equally
by the Parties.
SECTION 24. - Governing Law/Venue. This Franchise shall be
governed by the laws of the State of Washington. Any suit to enforce or
relating to this Agreement shall only be filed in King County Superior Court,
King County, Washington.
SECTION 25. - Entire Agreement. This Franchise constitutes the
entire understanding and agreement between the parties as to the subject
matter herein and no other agreements or understandings, written or
otherwise, shall be binding upon the parties upon execution and acceptance
hereof. This Franchise shall supersede, rescind and cancel any prior
franchise granted by the City to the District, including such franchise granted
by City Ordinance No. 3447.
SECTION 26. - Amendment. This Franchise may be amended only
by written instrument, signed by both Parties, which specifically states that
it is an amendment to this Franchise, and is approved and executed in
accordance with the laws of the State of Washington. Without limiting the
generality of the foregoing, this Franchise (including, without limitation,
Section 7 “Indemnification” above) shall govern and supersede and shall not
be changed, modified, deleted, added to, supplemented or otherwise
amended by any permit, approval, license, agreement or other document
required by or obtained from the City in conjunction with the exercise (or
failure to exercise) by District of any and all rights, benefits, privileges,
obligations, or duties in and under this Franchise, unless such permit,
approval, license, agreement or document specifically:
25 Franchise -
King County Water District No. 111
(1) References this Franchise; and
(2) States that it supersedes this Franchise to the extent it contains
terms and conditions which change, modify, delete, add to, supplement or
otherwise amend the terms and conditions of this Franchise.
In the event of any conflict or inconsistency between the provisions of this
Franchise and the provisions of any such permit, approval, license,
agreement or other document that does not comply with Subsections (1)
and (2) referenced immediately above, the provisions of this Franchise shall
control.
SECTION 27. - Directions to City Clerk. The City Clerk is hereby
authorized and directed to forward certified copies of this ordinance to the
District as set forth in this ordinance. The District shall have thirty (30) days
from the receipt of the certified copy of this ordinance to accept in writing
the terms of the Franchise granted to the District by this ordinance and file
with the City Clerk the executed statement of Acceptance of Franchise,
attached hereto as Exhibit “A” and incorporated herein by this reference.
SECTION 28. - District Acceptance of Franchise. District shall have
no rights under this Franchise nor shall District be bound by the terms and
conditions of this Franchise unless District shall, within thirty (30) days after
the effective date of the ordinance, file with the City its written acceptance
of this Franchise.
SECTION 29. - Effective Date of Franchise. The terms and conditions
of this ordinance shall not be binding on the City and the District unless the
District Board of Commissioners within thirty (30) days of the effective date
of this ordinance adopts a resolution accepting this Franchise, and the date
26 Franchise -
King County Water District No. 111
of the adoption of such resolution by the District Board of Commissioners
shall be the effective date ("Effective Date") of the Franchise.
SECTION 30. – Severability. If any one or more section, subsection,
or sentence of this franchise is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this franchise
and the same shall remain in full force and effect.
SECTION 31. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 32. - Effective Date of Ordinance. This ordinance shall take
effect and be in force five (5) days after its publication, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
27 Franchise -
King County Water District No. 111
PASSED: day of , 2017.
APPROVED: day of , 2017.
PUBLISHED: day of , 2017.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
KIMBERLEY A. KOMOTO, CITY CLERK
28 Franchise -
King County Water District No. 111
ACCEPTANCE OF FRANCHISE
The undersigned authorized representative of King County Water
District No. 111 (District) hereby declares on the District’s behalf the
District’s acceptance of the nonexclusive franchise to King County Water
District No. 111 approved by the City of Kent City Council on ____________,
___________, 2017, by the adoption of City of Kent Ordinance No. ______.
DATED this ______ day of ________________, 2017.
King County Water District No. 111
By: ______________________________
Its: ______________________________
OTHER BUSINESS
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REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
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Page 1 of 12
OFFICE OF THE MAYOR
Derek Matheson, Chief Administrative Officer
Phone: 253-856-5700
Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: 04/04/17
TO: Mayor Cooke
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, April 04, 2017
The Chief Administrative Officer’s report is intended to provide Council, staff and
community an update on the activities of the City of Kent.
ADMINISTRATION
• In her final State of the City address on Wednesday, April 5, Mayor Cooke will speak
about the City's obstacles and accomplishments over the last twelve years, and touch
on the goals for the future. The Kent Chamber is hosting the event at ShoWare. You
can register online or call 253-854-1770. The address will air live on Comcast Channel
21 or at KentTV21.com.
• Door-to-door pet license canvassing begins on weekends, starting April 1 through
October. Canvassers can issue temporary licenses to unlicensed indoor and outdoor
pets, which will allow 30 days for the purchase of a permanent license. The license for
spayed or neutered animals costs $30, and $60 for unspayed or unneutered pets.
There are discounts for disabled and senior residents and for those with juvenile pets.
Pet licenses are available at Kent City Hall or at KentPetLicense.com.
• Residents and businesses will see a small rate increase on their garbage bills starting
April 1. The City approved the 0.45 percent increase after reviewing the proposed rates
provided by Republic Services. Residential customers who now pay $18.02 for a 32-
gallon garbage cart, which includes 96-gallon recycling and yard waste bins, will pay
$18.10 before taxes.
• We continue to pressure BNSF Railway to address its railroad crossing signal
malfunctions. We are getting better at notifying the public of malfunctions using Drive
Kent and social media.
• We are forming a “Major Projects Team” to coordinate a high volume of staff work on
Riverbend Gateway (Par 3), Naden Avenue, Meet Me on Meeker, YMCA / Morrill
Meadows Park / East Hill Park, Federal Way Link Extension (light rail on the West Hill),
and the second Sounder parking garage.
• We have sent a letter to residents of 111th Avenue SE with the city’s formal and final
response to resident concerns about the Preserve at East Hill plat.
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• The Kent4Health indoor walk is mid-season with an average of 50-80 walkers a day.
Attendees expressed their appreciation of the walk during these rainy weeks. The no-
cost walk is Monday and Wednesday in ShoWare, from 9-11 a.m. through June.
• Kent4Health, Kent Police, City councilmembers and other Kent organizations
participated in a Kent stakeholders meeting hosted by the Kent Community Foundation
to discuss an expanded mission of health.
ECONOMIC AND COMMUNITY DEVELOPMENT
Long Range Planning
• For the Federal Way Link Extension, staff is now meeting weekly with Sound Transit
to arrive at staff-level concurrence with code requirements and design refinements
that will inform the Request for Proposals to be issued later this year for a
design/build contractor. Staff also will present groups of the design elements to the
City Council and seek concurrence with staff’s recommendations. Agency and other
stakeholder meetings for station area design elements are anticipated sometime in
May. During the first week of April, Sound Transit intends to send out notices to
owners of properties to be affected by either full or partial takes or easements
related to the project. All calls from property owners seeking additional information
should be directed to Zac Eskenazi, Sound Transit Community Outreach Specialist,
206-903-7178 or zachary.eskenazi@soundtransit.org
• Staff attended a grant writing workshop, presented by Grant Writing USA. The
presenters also provided multiple resources for finding grant opportunities suited to
the needs of a variety of different types of projects and programs.
• Staff continues to coordinate with Sound Transit to identify potential sites for a
second parking garage and consider types and locations of pedestrian and bicycle
access improvements. Along with Sound Transit project staff, ECD staff presented to
the Public Works Committee and Economic and Community Development Committee
the top four potential sites identified through the project’s stakeholder engagement
and technical advisory committee process. The report included a summary of the
advantages and challenges of each site, as well as the process by which the initial list
of potential sites was narrowed to four top alternatives.
• Staff attended a Regional Bicycle Network Charrette, hosted by PSRC. PSRC is
updating the regional bicycle network maps to highlight regionally significant existing
or planned bicycle routes. Long-range planning staff worked with Kent Bicycle
Advisory Board (KBAB) members, parks and recreation staff, and transportation
planning staff to compile and submit comments to PSRC regarding Kent’s existing
and planned regional bicycle connections.
• Planning staff held training with Public Works staff on the implementation of the
complete streets checklist. The training was well attended and included discussion of
upcoming and example projects. Staff is also working with Public Works and Law to
amend the Complete Streets code to include some lessons learned over the last nine
months of implementation. The draft ordinance will go to Council committees in
April. Finally, staff continues to assist Public Works with complete streets
assessments of transportation projects, including the in-house overlays, 212th/72nd,
and upcoming potential TIP/SRTS projects.
• Staff attended the Washington Bike Summit, held in Olympia, WA. Staff learned
about upcoming changes to design guidance for bike facilities, networked with
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planning staff from nearby jurisdictions, and heard from regional and state agencies
regarding funding availability, grant competitiveness, and the direction of
transportation investments in the region. Staff came away with insider information
for future grant cycles, as well as solidified contacts with local and county agencies,
promising productive partnerships on upcoming land use and transportation projects.
Economic Development
• Department and Public Works staff met with Poulsbo RV to talk about possible
relocation sites within Kent and options to stay in place. We have set frequent
meetings together to share updates and information.
• Staff met with MJR development principals on two occasions to discuss future
tenanting and upgrading of existing Meeker Square shopping center at the corner of
Washington Ave and Meeker St, as well as possible frontage improvements which
further the goals and objectives of Meet Me on Meeker. MJR is actively seeking other
sites for acquisition and investment within the city of Kent.
• As of March 23, the artistic lighting for the underpass achieved requisite WSDOT
signatures and staff has submitted the requisite utility permits provided by WSDOT.
Staff is coordinating with Public Works on response to WSDOT’s further request for
limited access variance.
• Ownership of the Maralco brownfield property next steps is being discussed now that
the Phase II environmental site assessment is complete. There continues to be active
investor interest in the ten-acre site with a rail spur. Ownership has committed itself
to removing old liens (excepting the City’s LID position). Staff remains in
communication with the City’s Attorney office on moving this property forward.
• Staff met with King County economic development, representatives of the Seattle
Regional Partnership and Workforce Development professionals from Snohomish
County to advise on business speakers and topics for the May economic development
summit’s workforce development agenda.
• Staff have responded to inquiries from NPR KUOW journalists about the economy of
south King County.
• Department staff prepared a packet of information for Dick’s Drive-In for best sites
within Kent as part of their expansion south. Please remember to vote early, vote
often: http://www.bizjournals.com/seattle/pulse/poll/where-should-dicks-drive-in-
open-next/21006255?ana=e_me_pulse&s=newsletter&ed=2017-03-
28&u=11045160944f68e433daf6e12c1945&t=1490715679&j=77767971
Building Services/Permit Center
• Projects
o Meridian South Commercial, Construct a new office building to include
approximately 6,000 sq ft and an addition of approximately 2,000 sq ft double
high shop.
o Meeker Square Shopping Center, 1313 W Meeker St. Proposal to redevelop
the retail portion: Currently there are empty retail spaces within three
buildings. This project would provide new facades for all retail buildings with
the intent to add new retailers to the center. Site work will include enhanced
pedestrian connections, small plazas and landscape areas, and new pedestrian
lighting. There will also be new outdoor plaza/dining areas and new drive-thru
coffee use.
Page 4 of 12
o Skagen Project: Van Devanter Ave, Single Family Residential. Applicant is
proposing potential lot line adjustment and civil construction on the following
(5) parcels, reconfigure lot lines and reduce the number of lots from (5) to (4)
to conform to zoning standards.
o Curran Plat 94th Ave S & S 243rd Pl: Proposal to subdivide 2.75 acres
consisting of 12 single-family residential lots. All existing improvements will be
demolished or removed during plat construction.
o Smalls Short Plat, 11120 244th St., Single Family Residential: Application
proposing subdivision of 0.38 acres into two single family lots. One existing
home located on site and proposed to remain. No anticipated frontage
improvements. Access to new lot will be from 112th Ave SE.
o Cambodian Buddist Monk Association, 68 Ave S: This project includes the
removal of three storage buildings and a greenhouse, totaling approximately
1700sf, and replacing them in the same location with a 2450sf building. The
proposed 70’ x 35’ wood frame, one-story building will be constructed with the
floor raised above the base flood elevation per King County Standards. The
proposed buildings will be unheated with no plumbing provided.
o Kent Medical Office Building: Build a medical office building on the corner of
State Ave N and E Smith St.
o Northwest Landscape Services, 84th Avenue S: Northwest Landscape Services
is proposing the demolition of existing structures on parcel 012204-9014 to
build new 4500 soft. Shop will include parking.
o Amrik Commercial Rentals aka 5th Ave Parking Lot Improvements, 5 Ave S:
The project consists of parking lot improvements for proposed commercial
truck parking.
Issued Projects
• Valley Townhomes Buildings A & B (townhomes), CNST-2153292, CNST-2153301,
733 5th Ave S
• Petco (new building), CNST-2164277, 25444 Pacific Hwy S
• Bandon West (civil construction), CNST-2153621CC, 24444 94 Ave S
• Maple Lane Mobile Home (civil construction), CNST-2162515CC, 1720 Maple Lane S
• Blue Origin, CNST-2170602, Commercial Alteration
Additional Permit Data (2/28/17 – 3/27/17)
• Total Permits Issued: 326
• Valuation for Permits Issued: $10,018,884.86
• Total number of Inspections: 1038 (683 passed, 27 continued, 159 failed)
FINANCE
• Finance created an Internal Audit Page in CitySpace. This page includes the Internal
Audit mission statement, information about the Internal Audit process and links to
Internal Audit Reports and other resources.
• Finance’s GL team has been working with departments to reconcile both revenues and
expenditure on their Federal grants. This is in anticipation of completing the SEFA
(Schedule of Expenditures of Federal Awards) that must be filed annually.
Page 5 of 12
• The budget staff continues to work on the 2017-18 Adopted Budget document, which is
due by April 28 to be considered for the GFOA (Government Finance Officers
Association) Distinguished Budget Award. The last time Kent submitted its budget for
the award was the 2008 Adopted Budget. For the 2017-18 budget, the document has
been re-designed, with additional content to provide a clearer picture of the budget for
Kent’s residents. It’s exciting to watch it come together and we are looking forward to
seeing the finished product!
HUMAN RESOURCES
Labor, Class and Comp
• Staff continues to work on the salary survey. Task Force members were due March
27 to turn in any questions/counter feedback to our initial benchmark results. We are
now moving on to working through processing those results with the classifications
that are linked to the benchmark job.
• Prepping for policy training on April 18.
Recruitment
• Written exam for Parking Enforcement Assistant was Wednesday, March 29
• Written exam for Police Records Specialist is on Wednesday, April 5
• Entry Level/Lateral PD testing is on April 6
• Scheduling a written exam for Permit Tech for the Economic Community
Development Department
• Practical exam and interview process for Maintenance Worker III in Parks Ops was on
March 28-29
• Trainer position in Information Technology is opening externally on March 30
• Sr. Financial Analyst is open externally until April 10
• Interviews for Combination Building Inspector are taking place on March 30
Risk Management
• The department hired outside counsel to represent officers and the City in response
to County Executive Constantine’s order for an inquest in the officer involved
shooting in Kent on October 12, 2016.
Benefits
• Staff continues to work on implementation of automated Onboarding and
implementation of eVerify
• 1094 Reporting is being finalized this week
• Staff is discussing the new Paid Sick Leave regulations
INFORMATION TECHNOLOGY
• The Kent Cultural Connections Committee Board profile videos are now available for
viewing at https://vimeopro.com/kenttv21/kentculturalboard. The role of the Board
is to increase engagement, integration, and access to city services for all cultural
communities in Kent.
• Presentations on the department’s Internet Security Program (ISP) have been
conducted for the Public Works operations group and the Finance department, with
remaining department presentations to be completed by the 3rd quarter. IT is also
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starting the second round of cybersecurity awareness training with KnowBe4 next
month. During this year’s Wellness Fair, be on the lookout for the ISP booth sharing
information and promoting personal best practices for cybersecurity.
PARKS, RECREATION, AND COMMUNITY SERVICES
Recreation and Cultural Services Division
• Two Spotlight Series performances took place in March. Seattle Rock Orchestra
performed Led Zeppelin I & II to an 80% capacity crowd of 366 at Kentwood
Performing Arts Center on March 10. Kahulanui brought a unique blend of Hawaiian
music and big band swing to Kent-Meridian Performing Arts Center on March 17; 186
people enjoyed the show. In addition to their public performance, Kahulanui led two
educational outreach activities for band students at Kent-Meridian High School
serving 70 students.
• The 30th annual Kent Kids’ Arts Day took place at the Kent Commons on Saturday,
March 11. Approximately 2,000 people attended, making the 2017 event the largest
in the past several years. A feature performance by popular children’s entertainer
Caspar Babypants was a hit, along with the local youth performances and hands-on
art projects. Community volunteers and sponsors played a significant role in the
event, with the Kent Lions Club once again underwriting free ticket vouchers for low-
income families. Nine-Hundred vouchers were distributed through schools and social
service agencies. Sixteen percent (143 vouchers) were redeemed, which is up from
about 10% in 2016.
• The 2017 Kent Student Art Exhibit saw the highest level of participation in the
program’s history. Twenty-nine schools participated and more than 600 students
displayed original artwork in businesses throughout historic downtown Kent, at Kent
Station, and in the Centennial Center Gallery. A reception was held on Thursday,
March 16 in the Centennial Center Gallery in conjunction with the Kent Downtown
Partnership’s 3rd Thursday Art Night. Special thanks to the Kiwanis AM Club for
providing refreshments during the reception.
• Washington State Department of Fish and Wildlife recently shared some great news
with staff regarding the Annual Fishing Experience at the Old Fishing Hole. As a
result of private donations, the state now has the ability to raise and feed fish for the
purpose of providing additional stocking for youth fishing programs. Kent will
potentially receive an additional 1500 rainbow trout in 2018.
• The Late Night program at Mill Creek Middle School hosts over 110, 6th – 9th grade
teens every Friday night. The program provides a wide variety of activities including
sports, games, music as well as an opportunity to have a fun, safe place to hang
out.
• The After School All-Star partnership program has been working with Meeker Middle
School to create and maintain an outdoor raised garden. With full support of the
partnership, the garden is expected to break ground very soon. As an extension to
our nutritional cooking program, students will be introduced to organic gardening.
Garden crops will be used in our healthy recipes that were created for the purpose of
making eating right a daily habit.
• Adaptive Recreation Spring quarter registration hit a near record high with 327
individual registrations in one day. Ninety seven percent of the classes offered are
full, many with a waitlist.
Page 7 of 12
Facilities Management
• The maintenance team started tenant improvement in police headquarters for the
Evidence Unit. The crew installed two new electrical circuits at the Shops for the
garage doors and openers and added a new workstation in the Economic Community
Development Department for a new employee. They also provided program support
for Kent kids Arts Day at Kent Commons with table and chair breakdown.
• Custodial crew finished deep cleaning the Green River Room and refinished the wood
floor. They also finished cleaning the 3rd floor City Hall carpets, and started on the
2nd floor.
• The HVAC crew disassembled and removed Liebert air conditioning units from the old
computer room in preparation for tenant improvements to that space. They are
finishing up with preventive maintenance on HVAC equipment.
Housing and Human Services
• King County Metro Transit released a report entitled Feasibility of Achieving a
Carbon-Neutral or Zero-Emission Fleet. The report recommends that King County
significantly increase new investments in carbon-neutral and zero-emission fleet by
transitioning to a zero-emissions bus fleet powered by renewable energy, and by
focusing deployment of zero-emission buses in the communities that are most
vulnerable to air pollution. A Zero Emissions Stakeholder’s Review Panel, which
included staff from City of Kent, Climate Solutions, Got Green, Puget Sound Clean Air
Agency, Puget Sage, Puget Sound Energy and Transportation Choices Coalition;
assisted with the report.
For participating on the Zero Emissions Stakeholder’s Review Panel, staff received a
complimentary pass to the GoGreen conference, a sustainability gathering for
business and government which was sponsored by King County. The county also
provided two complimentary passes to Kent Cultural Diversity Initiative Group
stakeholders to include individuals/organizations who otherwise would not have an
opportunity to attend the conference. Topics included Building Vibrant Sustainable
Communities for All: Equitable Transit Oriented Development, Women Leaders in
Clean Energy: Empowering Gender Equity, Improving Workspaces with Green
Choices, and an Opening Plenary entitled Businesses Leading in Clean Energy, Green
Building and Sustainable Operations.
• Kent Cultural Diversity hosted the first workshop in a quarterly series entitled Race &
How to Get Along in a Multicultural World. Future workshops will focus on implied
bias, differences and similarities between enslavement and colonization, implications
when the first become last, etc.
Parks Planning and Development
• Parks has two projects out for bid: Kent Memorial Park Playground Replacement and
Wiffleball® Field, and Hogan Park Field #1 Synthetic Turf Conversion. Both projects
are expected to be complete by late summer/fall.
• Parks Planning and Parks Operations are beginning their design coordination on the
first phase of the City Hall Landscape Renovation project. The first phase will focus
on the parking lot between City Hall and the Centennial Building. We are anticipating
a late spring/early summer installation.
• Work is continuing on the dock replacement for Lake Meridian. The floats are being
fabricated off-site. Demolition of the existing dock and installation of the floats will
begin in April.
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• There will be a steward event at Park Orchard Park this weekend. 50-60 people from
Grace Fellowship Church are expected to participate. They will be removing invasive
plants.
• Last week, King Conservation District’s Board approved a $65,000 grant that will
help support our Green Kent program. The grant will go to the Parks Committee at
their next meeting for their acceptance.
POLICE
Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions: A final offer of
employment was made to entry level police officer candidate Taylor Burns.
Significant crime activities/arrests/investigations
• On March 18, officers were conducting extra patrol in the 22700 block of 114th Pl SE
when they observed a Honda with no plates at a residence believed to be a drug
house. Officers walked up and made contact with the occupants of the running
vehicle. The vehicle sped off at a high rate of speed. Guardian One was up and
followed the vehicle as it got onto Hwy 167, where State Troopers pursued the
vehicle and disabled it at 27200 116th Av SE. There was drug paraphernalia in the
vehicle and the driver was arrested. The female passenger was cited at large for
possession of drug paraphernalia. The vehicle isn’t believed to be stolen, however, it
was taken to our impound lot for the application of a warrant.
• On March 19, officers responded to Washington Park Apartments for a report of a
female crying and yelling to call 911. Officers arrive to find a female with blood on
her mouth, claiming that she had been punched by her boyfriend. She began
screaming at him and telling him to "get out of my apartment!" "I want you to
leave!" This screaming angered the suspect and he said "Are you trying to get me
arrested?", "Are you trying to get me deported?" He then punched the victim in the
mouth. The suspect fled on foot as the officers arrived; however, he dropped his
wallet in his hasty departure. The suspect has not been located.
• On March 21, officers responded to a suspicious circumstance call reported in the
21400 block of 100th Ave SE at an Intelligence-Led Policing Target House. Detectives
responded and discovered a victim who had been kidnapped, assaulted, tied-up and
held captive in the basement overnight by two of the detainees. The victim had been
“pistol-whipped” and struck in the head and face with a metal pipe. The suspects
threatened the victim not to talk. The victim positively identified his captors, who
were then taken into custody and charged with kidnapping and assault 1.
• On March 24, officers and the Puget Sound RFA responded to a modified fireworks
explosion at Millennium Elementary. The school was placed in lockdown and no
other devises were located. No children were hurt. Through investigation, a 19-year-
old female and a 20-year-old male were arrested for malicious placement of an
explosive device, unlawful possession of an improvised explosive device, and
unlawful possession of a dangerous weapon on school property.
Major Emphasis Patrol
• On March 25, we ran an Auto Theft Force Emphasis with Federal Way and WATPA
(Washington Auto Theft Prevention Authority). 12 stolen cars were recovered and
one arrest was made for possession of a stolen vehicle.
• On March 26, we ran a “Demand” sting at the Howard Johnson. Ten arrests were
made for Patronizing a Prostitute and 7 vehicles were impounded.
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Events and awards
• Letters of Commendation
o Jill Fuller - For her professionalism and service completing all the needed payroll
processes for the entire department within a shortened time frame due to the
other two time keepers being very sick.
o Officer Matt Mullennix - For exemplifying the core values and principles of the
Kent Police Department while helping a citizen who’s car had been broken into
and vandalized.
o Officers Cory Eaton and Brian Lewis - For their professionalism and courageous
actions while using tactical expertise and leadership skills resulting in rescuing a
victim who had been assaulted, tied-up, and held captive.
• Jill Fuller received the Chief’s Award for Distinguished Service at the March 21 Council
Meeting for her tireless dedication, hard work and implementation of a process to track
and log all the medical bills received by the City of Kent Correctional Facility – this saved
the City of Kent a grand total of $616,803.15 in medical fees since 2011.
• Officer Jen Prusa received the Chief’s Award for Professional Excellence at the March 21
Council Meeting for her exceptional work helping to hold members of the Adesa Crew
responsible for their actions. Many of them were convicted and served or are serving
lengthy sentences. The group has been dismantled and no longer exists as a criminal
enterprise and the public is safer because of it.
• Coffee with the Chief was held March 22 at the new East Hill Substation.
• We held an impromptu diversity task force meeting on March 23 due to the Officer
Involved Shooting.
• On May 25, we held a Safety Booth/Club Giveaway event at the Great Wall Mall. Over
200 Club steering wheel locking devices were given away. We were there three hours
talking about auto theft awareness.
PUBLIC WORKS
Design
• S 224th St Project East Valley Highway (EVH) to 88th– Contract advertised Feb 21.
Bid opening extended to April 4. Addendum 4 posted last week. Draft aerial
easement from WSDOT received and under review. Working to secure Hytek lot for
buffer mitigation as required by corps permit.
• S 224th St Project 88th to 94th– 30% design complete and will be distributed for
review and comment March 31. Coordinating with PSE for undergrounding of utilities.
Documents for PSE Contract are being prepared to share at April 3 Public Works
Committee. Nine parcels have been identified for Right-of-Way needs. Appraisals
work to begin on those parcels this week. Securing structural consultant for wall and
culvert design.
• S 228th UP Grade Separation and (228th Bikeway) – Further discussion with King
County Metro to discuss need for current low flow video inspection of sanitary sewer
line. Coordinating with utilities (PSE) on the joint utility trench design. Three early
work projects identified with the intention for construction this year: drilled shaft,
joint utility trench and storm water relocation. Working with PSE and Century Link on
work design and preparation for utility agreements. Continuing work on Right of Way
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acquisition for temporary construction easement and access easement. Access
easement from Flow Form secured. Counter offer received from Sound Holdings.
• 132nd Avenue Walking Path – Design work started. Continued discussions with
impacted property owners for partial acquisitions and Temporary Construction
Easements (TCE); one TCE secured. Coordination with utilities (sewer/lighting) for
relocation. Evaluating locations for buffer mitigation.
• 212th at 72nd Ave – Evaluating work staging options to maximize work completed
with impact to drivers and businesses. Settling extents of concrete pavement beyond
intersection, and standard concrete paving details. Field evaluation resulted in the
need for replacement of the ADA ramps. PSE (gas) has expressed interest in adding
a new crossing before the project is constructed. 30% plans to be distributed for
review and comment March 31.
• James Street Pump Station Siding - Scope of work to include siding/doors for access,
path to access panels at rear of building, and possible wall and landscaping work. An
artistic rendering/sketch will be prepared and shared with Public Works Committee.
• Linda Heights Pump Station Replacement – Consultant selection process kicked off
for geotechnical engineering. Coordination with Recreation Conservation Office (RCO)
facilitated through Economic Community Development. Researching easement needs
for RCO parcel.
Survey
• Land Survey/GIS: Design Mapping: working on 2017 Miscellaneous Water Site
Number Six; 132nd Ave Pedestrian Improvements; Woodford Ave. Storm
Improvements; Lake Meridian Estates Storm; Lake Meridian Outlet Staff Gauge
Elevation; 72nd Ave. & 212th St. Intersection Improvements; Boat Launch Elevations
at Van Doren’s Park; West Lake Fenwick Park and East Valley Highway 180th to 192nd
• Construction/Staking at 228th Grade Separation, 72nd Ave Extension and 108th &
208th Intersection Improvement
• Right of Way: 228th/224th East Leg Phase II – Legal Descriptions, 132nd Ave.
Easements, East Valley Highway Right of Way, Railroad Quiet Zone Right of Way for
railroads
• GIS: Customer Service Requests, Private Development Infrastructure As-Builts;
Storm & Sewer Model Updates; Map Books; Road Centerline Updates and Code
Scripting for Enterprise System Upgrade Sidewalk condition map
Construction
• 72nd Ave Extension: Earthwork, roadway grading and storm pipe installation is near
completion on both ends of the project and will continue as weather permits. The
above mentioned grading and storm pipe installation will require occasional lane
closures on S 196th St during daytime hours.
• 108th Ave SE & SE 208th St Intersection Improvements continue. Pavement
restoration is planned for the week of April 3. The replacement of existing storm pipe
is anticipated to proceed during the week of April 10 as weather permits.
• S 228th Street Grade Separation: In association with our grade separation project on
S 228th Street, Puget Sound Energy (PSE) and has proceeded with raising their
power transmission lines near the Green River Trail and the Union Pacific Railroads
(UPRR) tracks. Power outages ended March 24 and foundation work is complete.
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From April 10 to 28, a 2nd power outage will go into effect in order to complete pole
erection and to transfer the power lines to the new taller poles.
In order to complete all of the required activities within the scheduled power
outages, crews may be working around the clock and on weekends. Traffic will be
impacted on S. 228th St during these activities.
• Development/Permit Projects: Road improvements on 124th St just East SE 248th for
the Rainier Pond development is currently on hold and is expected to continue within
the next several weeks. Lane restrictions will be in place throughout the duration of
this work once underway.
Environmental
• The Water Festival was Tuesday and Wednesday, March 28 and 29 at the Green
River campus.
• Surface Water Design Manual – Training on Low Impact Development Inspection and
Maintenance was on Wednesday March 29 at the Kent Commons.
• Upper Mill Creek Dam – Coordination continues with the Muckleshoot and Corps of
Engineers related to fisheries impacts from the dam work and additional mitigation
requirements.
• Frager Road Levee – Coordinating a meeting with Federal Emergency Management
Agency (FEMA) in early to mid-April regarding downstream levee termination
options.
• King County Flood Control District – Scheduled levee tour with new Executive
Director Michelle Clark for April 3. Michelle will also be speaking at the April 3 Public
Works Committee.
• King County Open Space Plan – Work continues with the response to King County’s
request for information on proposed Kent open space parcel acquisitions for inclusion
in the funding request.
Streets
• Street Maintenance crews will be grinding sidewalks on 104th between 256th and
240th, repairing gravel shoulders on 132nd and 138th and filling potholes citywide.
The Concrete crew will be stripping, backfilling and pouring sidewalks on the 25300
block of 104th and stripping forms and backfilling on 80th south of 180th. The wetland
mitigation and maintenance crews will be collecting water bugs for the Water Festival
at Green River Community College, as well as participating in festival. Sign crews
will be replacing signs at 101st between 256th and 260th, 97th between Canyon and
100th, 148th and 267th, 146th and 264th, 206th and 84th, 216th between 68th and 72nd.
Water: Watermain cleaning wrapped up last week and Water Distribution staff has now
changed over to Air-Vac maintenance and inspections. This will continue until construction
season picks up May 1. Water Distribution valve turning and hydrant exercising operations
continue in the distribution system as well.
Utilities
• Sewer: Crews will be cleaning lines and performing pump station weekly
maintenance, replacing the sump pump at Horseshoe Bend and wet well cleaning at
the Union Pacific Pump Station. The Vactor trucks and the TV truck will be cleaning
and inspecting lines from 209th to 216th and 37th PL to Frager Road.
• Storm: The project crew will be installing a culvert and reshape a ditch on 280th.
National Pollutant Discharge Elimination System (NPDES) crews will be pumping on S
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244th, W Smith St. and making repairs on 254th Pl. Crews will also be removing a
root ball from an outfall in the pond on 256th and 130th.
Fleet/Warehouse: The Radio shop is setting up new vehicles, programming radios and
organizing the new Radio room. Fleet is working on scheduled/nonscheduled needed
vehicle repairs, emission testing and monthly air brake inspections. The Warehouse
continues hauling out spoils when trucks become available, small equipment repairs and
routine maintenance, and staff forklift training.
# # #
EXECUTIVE SESSION
A) Pending Litigation, as per RCW 42.30.110(1)(i)
B) Property Negotiations, as per RCW 42.30.110(1)(c)
ACTION AFTER EXECUTIVE SESSION
ADJOURNMENT