Loading...
HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 11/20/2017 (2)Public Works Committee Agenda Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair Director: Timothy J. LaPorte, P.E. Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Public Works Administration (253) 856-5500. Any person requiring a disability accommodation should contact the City Clerk’s Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. November 20, 2017 4:00 p.m. Item Description Action Speaker Time Page 1. Call to Order -- Chair Higgins 01 -- 2. Roll Call -- Chair Higgins 01 -- 3. Changes to the Agenda -- Chair Higgins 01 -- 4. Approval of November 6, 2017 Minutes - Approve YES None 03 03 5. Acceptance of NPDES Storm Water Grant - Recommend YES Laura Haren 05 07 6. Renaming South 238th Street to Oberto Drive – Recommend YES Chad Bieren 05 29 7. Info Only/Mill Creek Reestablishment - Update NO Toby Hallock 10 35 8. Info Only/253rd & Reith Road Discussion - Update NO Kelly Peterson 10 37 9. Meet Me On Meeker – Recommend NO Hayley Bonsteel 15 39 10. Info Only/Quiet Zone Update NO Chad Bieren 10 41 11. Info Only/132nd Ave Pedestrian Improvements NO Tim LaPorte 05 43 12. Info Only/Public Works Accomplishments NO Tim LaPorte 15 45 1 This page intentionally left blank 2 PUBLIC WORKS COMMITTEE Minutes City of Kent, WA Summary Minutes Date: November 6, 2017 Time: 4:00 p.m. Place: Chambers East 1. Call to Order: The meeting was called to order at 4:05 p.m. by Committee member Higgins. 2. Roll Call: Committee members, Dennis Higgins, Dana Ralph and Brenda Fincher were present. Council member Higgins chaired the meeting. Absent: N/A 3. Changes to the Agenda: None 4. Approval of Minutes, Dated October 16, 2017 Committee member Fincher MOVED to approve the Minutes of October 16, 2017. The motion was SECONDED by Committee member Ralph and PASSED 5. Contract with JCI Jones Chemicals, Inc. for 2018 Water Treatment Chemical Supply - Recommend Sean Bauer, Water Manager stated that the city annually advertises for water treatment supply chemicals to ensure a consistent cost for budget planning. The use of these chemicals is required to produce drinking water quality that meets state and federal regulations for drinking water standards. Bauer noted that treatment chemicals are used to treat potable drinking water for the City’s water customers. Gas chlorine is used to disinfect the water supply and protect it from contamination; Sodium Hydroxide is used in the water system as a pH adjustment for corrosion control. Committee member Ralph MOVED to recommend council authorize the Mayor to sign the 2018 Water Treatment Chemical Supply Agreement with JCI Jones Chemicals, Inc. for Gas Chlorine and 25% Sodium Hydroxide, in an amount not to exceed $120,505.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher. The motion PASSED 3 - 0. 6. Kent Water System Plan Extension - Recommend Evan Swanson, Water Quality Inspector noted that staff is currently working with a consultant to complete the 2018 Kent Water System Plan. Due to the extensive data collection and modeling required as part of preparing the plan, we anticipate that the final plan will not be completed until late 2018. At the request of the Washington State Department of Health, we are submitting an extension request. Committee member Fincher MOVED to Move to recommend Council authorize the Mayor to approve a 2-year Extension Request for the Kent Water System Plan, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph. The motion PASSED 3 - 0. 3 7. S 22th Street Jorgensen Steel Improvements Right-of-Way Dedication - Recommend Phil Anderson Property Supervisor noted that improvements to 88th Avenue South and South 218th Street will be constructed as part of the South 224th Street Improvement Project and will provide widened shoulders and a two-way left-turn turn lane, as well as curbs, gutters, and sidewalks. Anderson noted that the city purchased property from the Earl M. Jorgensen Company. The dedication of roadway Right-of-Way is necessary to complete the project and to provide for the installation of franchised utilities. After Right-of-Way dedication, the remaining portion of the Jorgensen site will be used for a stormwater management for the project. It was noted that 80th Avenue South will be closed for 18 months to 2 years. Committee member Ralph MOVED to recommend Council authorize the Mayor to sign the deed dedicating Right-of-Way for the South 224th Street Improvement Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member and PASSED Fincher. The motion PASSED 3 – 0. 8. Information Only/Renaming S. 238th Street to Honor “Oberto” Chad Bieren, Deputy Public Works Director / City Engineer introduced Steve Haft, Sr. Vice President of Human Resources at Oberto. Mr. Haft gave a brief history of the Oberto Company and discussed the company’s request to rename the street. 9. Information Only/TeamUP2CleanUpKent Gina Hungerford, Conservation Coordinator noted that the TeamUp2CleanUpKent event that took place on October 14, had nearly 60 volunteers, of whom 75% were enthusiastic local high school students. In talking with the students, we learned that a number of them had been requested by their Civics teachers not only to participate, but to do a video for a presentation in class to report on the impact that their participation made at the event and in the community. We were totally impressed. These students made a difference! The next “TeamUp2CleanUpKent” event is planned for April/May 2018. The Recycling Event, which occurred on Saturday October 21, at Hogan Park had an amazing 1,232 cars come through the event bringing an estimated 70 tons of material, including appliances, tires, concrete/asphalt, Styrofoam & documents to shred. Curbside Cleanup - started today for residents whose yard waste collection day is this Monday, and will continue through November 17. Residents can place up to ten 32-gallon units of extra garbage and yard waste at the curb at no additional charge, but only on your normal yard waste collection day. 10. Information Only/Beaver Dams Matt Knox, Environmental Engineering Supervisor noted that staff encounter beaver activity at a number of locations throughout our watercourses in the city. In some instances beavers will block a large culvert or watercourse which can cause water to flood over a roadway. When these situations occur, such as on South 282nd Street the road driving surface and sidewalk can be damaged requiring emergency closure and extensive repairs. Beaver activities which cause inundation over roadways, trails, and other public (or 4 private) facilities do create a budget impact. Damage is estimated on a case by case basis. We do not have a cumulative estimate at this time for active locations. 11. Information Only/ Meet Me on Meeker Design and Construction Standards Hayley Bonsteel, Senior Long Range Planner gave an update on the Meet Me on Meeker draft design and construction standards are undergoing extensive staff review. Comments by staff have focused on improving clarity, as well as remedying errors and inconsistencies. Staff have also been discussing comments and suggestions for improving project feasibility. Substantial changes are in the works but a new draft is not yet prepared. At the November 6th meeting, staff will discuss integration with the historic downtown standards and the recommendations of the Kent Downtown Partnership. KDP has selected from the Meeker streetscape elements those options that will fit better with the look of historic downtown, and has suggested these for a “transition zone” between the highway overpass and 4th Avenue, east of which would revert to the historic standards. Staff and consultants are supportive of the idea and the specific choices, and are working to integrate this information into the standards. Staff will also discuss the types of comments from staff that have been resolved, and will explain an upcoming staff and consultant effort to resolve the remaining comments. Staff look forward to bringing a finalized draft (including changes made based on the upcoming effort) to the next PWC meeting on November 20th. In the meantime, staff will be available to answer questions and discuss the work at the November 6th PWC meeting. 12. Information Only/Quiet Zone Chad Bieren, Deputy Public Works Director/City Engineer noted that he will be at the Council Workshop to discuss the preliminary $2 million price tag of the Quiet Zone and we will be able to talk about the diagnostic meetings that will be held with the Union Pacific on November 14, and Burlington Northern on November 15. Bieren went on to state that we have the agreement with the Union Pacific that is on the consent calendar for Tuesday, November 6, 2017, that’ll get us going on the design of the facilities at Meeker Street and Union Pacific. And then the two diagnostic studies, if there are major changes to what we have done in the past we will be able to report those, and if not we will be prepared to move forward on the channelization changes we’ve talked about for several months now. Higgins brought up the funding and noted that he recalled that we were being overly conservative with the dollar amounts. Bieren stated that the $3 million amount was an older number and that it was somewhere in the range of $2-4 million because we didn’t know what kind of agreement we would have with the railroads. So when we came back in the summer and thought it would be more like $2 million based on the updated information from the Union Pacific on the intertie. Then assuming based on the diagnostic studies we can continue to move forward without additional work in the railroad right of way (signals) we will be able to refine that number tighter. Adjournment: At 5:13 p.m., Committee Chair Higgins declared the meeting adjourned. Cheryl Viseth, Committee Secretary 5 This page intentionally left blank 6 PUBLIC WORKS DEPARTMENT Timothy J LaPorte, P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: November 20, 2017 TO: Public Works Committee Members FROM: Laura Haren, Environmental Conservation Analyst (NPDES) THROUGH: Mike Mactutis, P.E., Environmental Engineering Manager Shawn Gilbertson, Environmental Supervisor Chad Bieren, P.E., Deputy Public Works Director / City Engineer SUBJECT: Acceptance of NPDES Storm Water Grant - Recommend SUMMARY: The city of Kent is covered under the Western Washington Phase II Municipal Stormwater Permit. This is a federal National Pollutant Discharge Elimination System (NPDES) permit and a state discharge permit issued by the Washington State Department of Ecology. The permit allows the city to discharge stormwater to streams, rivers, and lakes as long as the conditions of the permit are met. Public Works has been working to ensure that the city implements stormwater management practices consistent with permit requirements. The City of Kent has been offered a $50,000.00 grant from the Department of Ecology Local Government Stormwater Grants Program. This grant is offered to assist the city in the implementation of the Phase II municipal stormwater National Pollutant Discharge Elimination System permit. The funds can be used for data collection, updating stormwater regulations, source control, public education and outreach, illegal discharges into the City’s stormwater system, and other activities consistent with the NPDES permit program. EXHIBIT: None BUDGET IMPACT: The City will receive $50,000 from the Washington State Department of Ecology. Motion: Move to recommend Council authorize the Mayor to sign the Washington State Department of Ecology Municipal Stormwater Capacity Grant in the amount of $50,000 for the National Pollutant Discharge Elimination System (NPDES) Program, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 7 This page intentionally left blank 8 Agreement No. WQSWCAP-1719-KentPW-00039 WATER QUALITY STORMWATER CAPACITY 1719 AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as “ECOLOGY,” and City of Kent, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. 2017-2019 Biennial Stormwater Capacity Grants GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs. Project Long Description: N/A Overall Goal: This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state water bodies. $50,000.00 $50,000.00 $50,000.00 $0.00 07/01/2017 03/31/2019 Capacity Grant 9 Page 2 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent RECIPIENT INFORMATION Organization Name: Federal Tax ID: DUNS Number: Mailing Address: Physical Address: Contacts Organization Email: City of Kent 91-6001254 000000000 220 Fourth Ave S Kent, WA 98032 220 Fourth Ave S Kent, Washington 98032 Laura Haren Environmental Conservation Analyst 400 West Gowe Street Kent, Washington 98032 Email: lharen@kentwa.gov Phone: (253) 856-5537 Authorized Signatory Kristin Lykken Financial Analyst 220 Fourth Ave S Kent, Washington 98032 Email: klykken@kentwa.gov Phone: (253) 856-5549 Billing Contact Project Manager Authorized Signatory Suzette Cooke Mayor 220 Fourth Ave N Kent, Washington 98032 Email: scooke@kentwa.gov Phone: (253) 856-5700 ghungerford@kentwa.gov Version 10/30/2015 10 Page 3 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent Contacts Project Manager Financial Manager Kyle Graunke PO Box 47600 Olympia, Washington 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 407-6452 Kyle Graunke PO Box 47600 Olympia, Washington 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 407-6452 ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Version 10/30/2015 11 Page 4 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology Water Quality Date Date City of Kent Heather R. Bartlett Mayor Suzette Cooke By:By: Template Approved to Form by Attorney General's Office Program Manager Version 10/30/2015 12 Page 5 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent SCOPE OF WORK Task Number: 1 Task Cost: $5,000.00 Task Title: Project Administration/Management Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; an EAGL (Ecology Administration of Grants and Loans) recipient closeout report; and a two-page final outcome summary report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be made available to ECOLOGY upon request.. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up-to- date staff contact information in the EAGL RECIPIENT contact form. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, RECIPIENT closeout report, and two-page outcome summary report. * Properly maintained project documentation Recipient Task Coordinator: Kristin Lykken Deliverables Project Administration/Management Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges, or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form) 1.3 Two-page Outcome Summary Report Version 10/30/2015 13 Page 6 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent SCOPE OF WORK Task Number: 2 Task Cost: $45,000.00 Task Title: Permit Implementation Task Description: Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain compliance where applicable. RECIPIENT may conduct work related to implementation of additional activities required by the municipal stormwater NPDES permits. The following is a list of elements RECIPIENT’s project may include. 1) Public education and outreach activities, including stewardship activities. 2) Public involvement and participation activities. 3) Illicit discharge detection and elimination (IDDE) program activities, including: a) Mapping or geographic information systems of municipal separate storm sewer systems (MS4s). b) Staff training. c) Activities to identify and remove illicit stormwater discharges. d) Field screening procedures. e) Complaint hotline database or tracking system improvements. 4) Activities to support programs to control runoff from new development, redevelopment, and construction sites, including: a) Development of an ordinance and associated technical manual or update of applicable codes. b) Inspections before, during, and upon completion of construction, or for post-construction long-term maintenance. c) Training for plan review and/or inspection staff. d) Participation in applicable watershed planning effort. 5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as: a) Inspecting and/or maintaining the MS4 infrastructure. b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or facilities. 6) Annual reporting activities. 7) Establishing and refining stormwater utilities, including stable rate structures. 8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior to awarding funding for monitoring. Monitoring, including: a) Development of applicable QAPPs. b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements. 9) Structural stormwater controls program activities (Phase I permit requirement) 10) Source control for existing development (Phase I permit requirement), including: a) Inventory and inspection program. b) Technical assistance and enforcement. c) Staff training. Version 10/30/2015 14 Page 7 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent 11) Equipment purchases that result directly in improved compliance with permit requirements. Allowed costs for equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than general use (such as a general use pick-up truck). Qualified equipment purchases include but are not limited to: a) Illicit discharge testing equipment and materials. b) Vactor truck or sweeper truck or MS4 maintenance activities. c) Electronic devices dedicated to mapping of MS4 facilities and attributes. d) Software dedicated to tracking permit implementation activities. As a deliverable, documentation of all tasks completed is required. Documentation includes but is not limited to: maps, field reports, dates and number of inspections conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed, summaries of planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or source control activities, summaries of how equipment purchases have increased or improved permit compliance. Task Goal Statement: This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes, streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits. Task Expected Outcome: RECIPIENTS will implement measures required by Phase I and II NPDES permits. Recipient Task Coordinator: Laura Haren Deliverables Permit Implementation Number Description Due Date 2.1 Documentation of tasks completed Version 10/30/2015 15 Page 8 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent BUDGET Funding Distribution EG180154 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Title: State Stormwater Capacity 100% Type: Funding Source %: Description: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? No Approved State Indirect Rate: 25% 0% No No Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: FY1719 Capacity Grants 07/01/2017 03/31/2019 Grant FY1719 Capacity Grants Task Total Grant and Loan Administration 5,000.00$ Permit Implementation 45,000.00$ 50,000.00$Total: Version 10/30/2015 16 Page 9 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%50,000.00 50,000.000.000.00FY1719 Capacity Grants Total $$0.00 50,000.00 $50,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal Version 10/30/2015 17 Page 10 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. ·Receives more than $25,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Version 10/30/2015 18 Page 11 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition." https://fortress.wa.gov/ecy/publications/SummaryPages/1401002.html b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and then the ECOLOGY Program. Version 10/30/2015 19 Page 12 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services’ Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@watech.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT should submit final requests for compensation within thirty (30) days after the expiration date of this Agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. Version 10/30/2015 20 Page 13 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for each project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required the RECIPIENT shall: • Use ECOLOGY’s QAPP Template provided by the ECOLOGY Program. Version 10/30/2015 21 Page 14 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The data must be successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 12. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. Version 10/30/2015 22 Page 15 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. Version 10/30/2015 23 Page 16 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 21. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. Version 10/30/2015 24 Page 17 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post-consumer recycled paper. For more suggestions visit ECOLOGY’s web page: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp. 27. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date Version 10/30/2015 25 Page 18 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 28. THIRD PARTY BENEFICIARY Version 10/30/2015 26 Page 19 of 19State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1719-KentPW-00039 2017-2019 Biennial Stormwater Capacity Grants City of Kent RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. GENERAL TERMS AND CONDITIONS LAST UPDATED 05/11/2017 Version 10/30/2015 27 This page intentionally left blank 28 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: November 20, 2017 TO: Public Works Committee Members FROM: Chad Bieren, P.E. Deputy Public Works Director / City Engineer SUBJECT: Renaming South 228th Street to Oberto Drive - Recommend SUMMARY: Oberto, a Kent business, requested that Mayor Cooke consider renaming South 238th Street from West Valley Highway to the eastern terminus to honor Oh Boy Oberto’s 100th Anniversary. Mayor Cooke believes renaming the street would be a fitting tribute to commemorate Oberto’s contribution to the City and its 100 year anniversary. The Mayor has requested that South 238th Street be renamed Oberto Drive from the point where West Valley Highway to the eastern terminus at the Oh Boy Oberto factory. EXHIBIT: Resolution BUDGET IMPACT: No budget impact. Motion: Move to authorize council to Adopt Resolution No. __________, renaming South 238th Street to Oberto Drive. 29 This page intentionally left blank 30 1 Resolution Veteran’s Drive RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, renaming South 238th Street to Oberto Drive, commemorating Oberto’s contribution to the City and its 100 year anniversary. RECITALS A. A Kent business, requested that Mayor Cooke consider renaming South 238th Street from West Valley Highway to the eastern terminus to Oberto Drive to honor Oh Boy Oberto’s 100th Anniversary and importance to the Kent Community. B. Mayor Cooke believes renaming the street would be a fitting tribute to commemorate Oberto’s contribution to the City and its 100 year anniversary. C. The Mayor has requested that South 238th Street be renamed Oberto Drive from the point where West Valley Highway to the eastern terminus at the Oh Boy Oberto factory. D. 1978: Oberto Sausage Company and its 150 employees opened a facility on South 238th Street in Kent for production, packaging and distribution. 31 2 Resolution Veteran’s Drive 1983: Company sales exceed $20 million, employing 250 people at three production facilities. 1994: Turkey Jerky was launched and quickly became one of the fastest growing items in the category. By the end of 1994, Oberto was the nation’s #1 jerky manufacturer. 1997: Oberto built a new, 100,000 square foot headquarters and distribution facility adjacent to the Kent manufacturing plant, just prior to the company’s 80th anniversary. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Renaming. South 238th Street in Kent, beginning at West Valley Highway to the eastern terminus at the Oh Boy Oberto factory shall be renamed “Oberto Drive.” The City’s Public Works Department is authorized to describe the exact limits of Oberto Drive by milepost, street section, or other appropriate legal description to the extent required for public safety or other purposes. SECTION 2. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, 32 3 Resolution Veteran’s Drive codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 4. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this _______ day of _________________, 2017. CONCURRED in by the Mayor of the City of Kent this ______ day of __________________, 2013. SUZETTE COOKE, MAYOR ATTEST: KIMBERLEY KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 33 This page intentionally left blank 34 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: November 20, 2017 TO: Public Works Committee Members FROM: Toby Hallock, P.E., Environmental Engineer THROUGH: Mike Mactutis, P.E., Environmental Engineering Supervisor Chad Bieren, P.E., Deputy Director / City Engineer SUBJECT: Info Only/Mill Creek Reestablishment - Update SUMMARY: The Mill Creek Reestablishment Project includes removing accumulated sediment from Mill Creek in order to restore the original channel capacity of the creek. The project will help reduce flood risk and drainage issues throughout the Kent Valley. Sediment removed from the creek creates environmental impacts to wetlands and fish habitat. This requires a permit from the US Army Corps of Engineers. To help mitigate for the environmental impacts, the project will also include planting native vegetation along the creek where possible, construction of wetland mitigation sites, and construction of sediment capture devices. We have a team of consultants assisting with permit requirements, mitigation plans, and sediment capture design among other elements required by the permitting agencies. We have been working with the Corps and other permitting agencies to keep the permit process moving. EXHIBIT: N/A BUDGET IMPACT: This project has been included in the Storm Drainage Budget for 2017, 2018 INFORMATION ONLY/NO MOTION REQUIRED 35 This page intentionally left blank 36 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: November 20, 2017 TO: Public Works Committee Members FROM: Kelly Peterson, AICP, Transportation Engineering Manager THROUGH: Chad Bieren, P.E. Deputy Director / City Engineer SUBJECT: Info Only/Reith Road & 253rd Analyses - Update SUMMARY: At the September 18, 2017, Public Works Committee Meeting, Mr. Tommy Meranti and Ms. Annette Pratt, Chair of the West Hill Neighborhood Council, expressed concern about traffic safety at the intersection of S. 253rd St and Reith Road. The PWC requested staff analyze accident data to determine how this intersection compares to the rest of the city with regards to accident frequency. Staff reviewed five years of accident data from the Kent Police Department. Based on frequency of accidents, the top 10 list of intersections has been developed and is shown below. Accidents were only included if a police report was filed. 104th Ave SE and S 240th Street 104th Ave SE and SE 256th Street 116th Ave SE and Kent Kangley Road S 212th Street and 84th Ave S SE 208th Street and 108th Ave SE Kent Des Moines Road and Pacific Highway South Central Ave and James Street 132nd Ave SE and Kent Kangley Road S. 212th Street and 84th Ave S Central Ave and Smith Street For the five year data set (2012 through 2017) eight accidents within two blocks of the S 253rd St and Reith Road intersection were documented. To put this into context the lowest number of accidents in the same time period for the top ten list was 71 accidents. EXHIBIT: None BUDGET IMPACT: None INFORMATION ONLY/NO MOTION REQUIRED 37 This page intentionally left blank 38 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 DATE: November 20, 2017 TO: Public Works Committee Members FROM: Hayley Bonsteel, Senior Long Range Planner SUBJECT: Meet Me on Meeker Design and Construction Standards INFORMATION ONLY/NO MOTION REQUIRED SUMMARY: The Meet Me on Meeker draft design and construction standards have undergone extensive revisions since the first draft was presented in September. Staff have worked collaboratively to resolve all comments and address internal and external stakeholder needs. The standards have been simplified and amended for the best balance of feasibility with aspiration. The standards show a cross section that generally represents the “full build” goal for Meeker, so that any major redevelopment will contribute to the Meet Me on Meeker vision; only the areas between Washington Avenue and the underpass (where there is a truly restrained existing condition with no chance of redevelopment in the coming decades) show a reduced cross section representing the best connectivity that can reasonably be expected given right of way constraints. Across the corridor, not all projects will require the full build. Major redevelopment would merit the full cross section as shown in the standards; limited redevelopment would merit proportionally limited frontage improvements. Prioritization has been developed to help guide case-by-case decisions on how to implement the cross section while preserving the essence of the project. The standards show enhanced streetscape elements that may result in increased maintenance costs, compared to other city streets. Both privately maintained frontage and publicly maintained frontage will benefit from cost-saving measures that have now been identified and included in the standards. The final draft represents staff’s best efforts to maximize the project goals for the lowest possible future cost and have striven for a final product that truly balances the needs for economic revitalization through increased investment with the fiscal realities of construction and maintenance costs. For example, the pedestrian connector zones were originally designed with individual pavers; these have been revised to a more affordable cement concrete option. Additionally, lower maintenance installation methods are recommended based on lessons learned from projects elsewhere in the region. The standards now also reflect the switch to historic streetscape elements at 4 th Avenue as well as the “transition zone” choices as per the Kent Downtown Partnership’s comment letter, presented at the November 6th Public Works Committee meeting. Staff and consultants will be available at the November 20, Public Works Committee meeting to share the final draft and answer questions. EXHIBIT: None BUDGET IMPACT: None 39 This page intentionally left blank 40 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: November 20, 2017 TO: Public Works Committee Members FROM: Chad Bieren, P.E. Deputy Public Works Director / City Engineer SUBJECT: Info Only/Quiet Zone - Update SUMMARY: Staff met with the Union Pacific (UP) and Burlington Northern Santa Fe (BNSF) on November 14 and November 15, respectively to complete Railroad Quiet Zone Diagnostic field meetings. The results of these meetings will be made part of a Railroad Quiet Zone Diagnostic Study to be sent to the Federal Rail Administration (FRA), Washington Utilities Commission (UTC) and each railroad for comments, and will be used as a basis for the Notice of intent (NOI) to establish Quiet Zones on both railroads. The results of the Diagnostics will be presented to the Public Works Committee after they are completed which we anticipate will take place after the first of the year. The meeting with Union Pacific went well, and no new issues of significance were raised. The meeting with BNSF did not go as well. The railroad made requests for significant improvements to its existing signal systems, which would likely be very expensive. The railroads request does not necessarily make the improvements a requirement, but the FRA may agree that they are necessary. Their requests were bolstered by irresponsible pedestrian behavior that we witnessed during the diagnostic field review. The group saw a number of individuals cross BNSF property between intersections along with a near-miss with a pedestrian at Smith St. Staff will work to complete the Draft and Final Diagnostics Studies and will report back to the committee on progress. EXHIBIT: None BUDGET IMPACT: N/A INFORMATION ONLY/NO MOTION REQUIRED 41 This page intentionally left blank 42 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: November 20, 2017 TO: Public Works Committee Members FROM: Tim LaPorte, P.E., Public Works Director SUBJECT: Information Only/132nd Street Walking Path SUMMARY: A walking path for pedestrians on the west side of 132nd has been under construction for the last several months between Kent Kangley and South 248th Street. Staff will give an update to the committee on the current progress and the plan for the remaining sections. EXHIBIT: None BUDGET IMPACT: INFORMATION ONLY/NO MOTION REQUIRED 43 This page intentionally left blank 44 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: November 20, 2017 TO: Public Works Committee Members FROM: Tim LaPorte, P.E., Public Works Director SUBJECT: Information Only/Public Works Accomplishments SUMMARY: Staff will go over 2017 Public Works accomplishments. EXHIBIT: N/A BUDGET IMPACT: N/A INFORMATION ONLY/NO MOTION REQUIRED 45