HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 09/19/2016 (2)Public Works Committee Agenda
Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair
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.
September 19, 2016
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 August 15, 2016 Minutes YES None 03 03
5. Consultant Agreement for Water System
Seismic Vulnerability
YES Bryan Bond 10 05
6. Scarsella Brothers, Inc. Change Order – Mill
Creek (West Valley Highway) Water Line and
Bridge Repair
YES Eric Connor 05 25
7. King Conservation District Cooperative
Watershed Management Grant, Project
Funding Agreement for Mill Creek Side
Channel – Leber
YES Matt Knox 05 29
8. Info Only/Proposed Street Light Policy NO Lacey Jane Wolfe 10 53
9. Information Only/FEMA Flood Insurance Rate
Map Update
NO Mike Mactutis 15 55
10. Information Only/Utility Tax Ordinance
Proposed Revision
NO Tim LaPorte 10 57
11. Info Only/Quiet Zone Update NO Chad Bieren 15 63
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Public Works Committee Minutes
August 15, 2016
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Item 1 – Call to Order: The meeting was called to order at 4:04 p.m. by Committee
Chair, Dennis Higgins.
Item 2 – Roll Call: Committee Chair, Dennis Higgins and Committee members Dana
Ralph and Brenda Fincher were present.
Item 3 – Changes to the Agenda: There were no changes to the agenda.
Item 4 – Approval of Meeting Minutes Dated August 1, 2016:
Council member Fincher MOVED to approve the minutes of August 1, 2016. The
motion was SECONDED by Committee member Ralph and PASSED 3-0.
Item 5 – Information Only/Water System Update:
Sean Bauer, Water Superintendent gave a PowerPoint presentation that touched on the
following water system and system projects:
Supply – Strong source supply at this time
Demand – Up and down above and below averages but doing well
Update on Lead in Drinking Water – Update on Governor Inslee’s mandate. It is
expected to cost the city $3 million in replacement cost.
2015 Water Quality Report – Report went out in printed form this year 120
responses to date.
Clark Springs and Landsburg Mine – Private owners were illegally dumping
Guiberson Reservoir – Reservoir was lined earlier this year and modifications were
made to the inflow headers. Everything is working as planned. Bauer noted that
the work is just a band aid until we get funding for a new tank.
Water Main Replacements – 65% of our lines are 35 years or older. Scheduled to
replace 2 watermains in 2016. James Street from Clark to 94th and South Central
Avenue.
INFORMATION ONLY/NO MOTION REQUIRED
Item 6 – City of Covington Interlocal Water Agreement – Jenkins Creek:
Water Superintendent, Shawn Bauer noted that the Kent Water Utility owns three
transmission mains that are located in SE 272nd Street, within the City of Covington, and
crossing Jenkins Creek. As the owner of this infrastructure, in another jurisdiction’s right-
of-way, Kent is responsible for relocation and the associated expenses.
The most efficient method for both agencies to facilitate the design, permitting,
coordination, and relocation of Kent’s transmission mains is for Covington, as the lead
agency for the roadway project, to incorporate Kent’s body of work within the road
project. The relocation work will be performed concurrent with the roadway and bridge
construction.
INFORMATION ONLY/NO MOTION REQUIRED
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Public Works Committee Minutes
August 15, 2016
2
Item 7 – Information Only/James Street Update:
Eric Connor, Construction Engineering Manager provided the Committee with an update
on the James Street project. Connor noted that the pump station portion of the project is
underway and should be operational by mid-October. The landscaping improvements and
watermain replacement have been suspended for grinding and signalization work.
Plantings are scheduled for the end of October.
It was noted that the flagging crews have done a great job and have been helpful and
friendly throughout the project. Higgins noted, Council is honoring the B&O tax and
grateful for the work that is being done.
INFORMATION ONLY/NO MOTION REQUIRED
Item 8 – Information Only/Quiet Zone Update:
Chad Bieren, City Engineer noted that we are finalizing the agreement regarding the
crossing arm paddles with the Union Pacific. Staff will be meeting with staff from
Burlington Northern later in the week.
Higgins asked, if everything is fully funded in the budget what is the cost, and how long
would it take to complete the work. Staff noted that it would take about 12-14 months
with work finishing in early 2018, the total cost is still undermined, more to follow.
INFORMATION ONLY/NO MOTION REQUIRED
The meeting was adjourned at 5:03 p.m.
Cheryl Viseth, Council Committee Recorder
4
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: September 14, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 19, 2016
From: Bryan Bond, Technical Analyst
Through: Dave Brock, P.E., Deputy Director Operations Manager
Item 5: Consultant Services Agreement with Kennedy/Jenks
Consultants for Water System Seismic Vulnerability Assessment
Summary: An earthquake vulnerability assessment was last conducted for the City
water system in 1996. Since 1996, several high magnitude earthquakes have
occurred worldwide including the 8.6 magnitude (M) Sumara, Indonesia earthquake
(March, 2005); the 8.8M Bio-Bio, Chile earthquake (February, 2010); the 9.0M
Sendai, Japan earthquake (March 2011); and the 9.1M Sumara, Indonesia
earthquake (December 2004). Recent earthquakes closer to home include the 6.1M
Napa, California earthquake (August, 2014) and the 6.8M Nisqually, Washington
earthquake (February 2001). These earthquakes have provided engineers and
scientists a greater understanding of how to study, model, and predict how
infrastructure reacts to ground movement.
Kennedy/Jenks will analyze our water facilities (buildings, reservoirs, & sources) and
distribution system piping for two locally anticipated earthquake scenarios: the
Cascadia Subduction Zone and Seattle fault. The final report will include
recommended improvements with planning level cost estimates.
Exhibit: Consultant Services Agreement
Budget Impact: Funding for this contract was budgeted through the Water Capital
funds.
Motion: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with Kennedy/Jenks Consultants in an
amount not to exceed $180,265 to complete a Water System Seismic
Vulnerability Assessment, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Kennedy/Jenks Consultants, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Kennedy/Jenks Consultants, Inc. organized under the laws of the State of
California, located and doing business at 32001 32nd Ave. S., Suite 100, Federal Way, WA 98001, Phone:
(253) 835-6400, Contact: Jeffrey Foray (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall assess the seismic vulnerability of the City of Kent's water supply and
distribution system. For a description, see the Consultant's Scope of Work which is attached
as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by June 30, 2017.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
One Hundred Eighty Thousand, Two Hundred Sixty Five Dollars ($180,265.00), for the
services described in this Agreement. This is the maximum amount to be paid under this
Agreement for the work described in Section I above, and shall not be exceeded without the
prior written authorization of the City in the form of a negotiated and executed amendment
to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its
services contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing rates shall
be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
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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
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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
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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.
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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.
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:
Jeffrey Foray
Kennedy/Jenks Consultants, Inc.
32001 32nd Ave. S., Suite 100
Federal Way, WA 98001
(253) 835-6400 (telephone)
(253) 952-3435 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Kennedy/Jenks - Seismic Vulnerability/Bond
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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: _________________________________________
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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.
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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: _________________________________________
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City of Kent Water Department
Seismic Vulnerability Assessment
Scope of Services
Final Copy - 9/13/16
Introduction
This scope of work is intended to define work to be performed to assess the seismic
vulnerability of the City of Kent (City) water supply and distribution system. The City water
system includes a variety of facilities:
• 287 miles of distribution system
• 3 transmission mains
• 10 sources of supply
• 9 storage facilities
• 10 interties
• 5 pump stations
• 14 pressure reducing stations
• 8 bridge crossings.
The system will be evaluated for two earthquake scenarios, a magnitude 9.0 Cascadia
Subduction Zone (CSZ) earthquake, and a magnitude 7.1 Seattle Fault earthquake. A Deep
Benioff Zone scenario, similar to the 2001 Nisqually Earthquake was considered, but the ground
motions are enveloped by the CSZ event. A Tacoma Fault scenario was considered, but it has a
very low recurrence interval on the order of 4,500 years. The assessment will consider each
facility and pipeline system for each of the two scenarios. An overall system assessment will be
performed, showing the expected performance and recovery time for the particular scenario.
The evaluation includes development of Level of Service (LOS) goals based on the LOS goals
developed in the Oregon Resilience Plan, which is the recommended standard for northwest
projects. The expected performance of the system for the two scenario events will be compared
against those goals. Where there are deficiencies, mitigation measures will be developed and
rough order of magnitude cost estimates prepared to implement those measures. Three levels
of mitigation will be developed, one of which will be the baseline performance coupled with
emergency response and recovery program enhancements (i.e., no capital improvements).
Project Tasks
Task 1 Project Management
An internal project management plan will be prepared at the start of the project. The plan will
include the project scope, task assignments and deliverables, project organization chart, team
roles and responsibilities, communications protocols, project schedule, budget, project
procedures including documentation, QA/QC Plan, health and safety plan, and other items as
needed. Other PM tasks will include:
• Prepare agendas, and draft and final notes for regular team project meetings with City of
Kent staff.
• Prepare monthly invoices.
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• Coordinate work of prime, subconsultants, and other parties’ input for production and
quality assurance/quality control of deliverables.
Deliverables - Draft and final meeting agenda and notes, monthly invoices and project status
reports.
Task 2 Develop Level of Service Goals
The Oregon Resilience Plan will be used as a guideline for developing preliminary LOS goals.
Recovery time frame goals for 30%, 60%, and 90% functionality will be developed. System
function will be grouped into supply, transmission/backbone piping, water for fire suppression,
critical services, drinking water distribution at selected areas throughout the service area, and
distribution system restoration. A schedule to achieve the LOS goals will be included, which
could take 50 years or more for completion.
The LOS goals will be compared against the expected performance for the two scenarios, and
for mitigation packages. Final LOS goals will be defined after the City has adopted a mitigation
program.
Deliverables – Draft LOS Goals; Final LOS Goals
Input from the City of Kent – review both preliminary and final goals. Move the proposed
mitigation packages through the Kent system.
Task 3 Quantify Scenario Ground Motions and Earthquake Geotechnical
Hazards
Ground motions, including site amplification, will be developed for the two scenarios, CSZ M9.0
(approximately 500-year return), and Seattle Fault (approximately 1,000-year return), and
delivered in GIS format. Ground motion intensities will be provided for both peak ground
acceleration (PGA) and peak ground velocity (PGV). The ground motions will be based on
published USGS scenarios.
Liquefaction and landslide susceptibility mapping will be developed based on readily available
hazard mapping from the State, County, and the City of Kent. Laterals spread mapping will be
developed based on 8 selected representative locations in the valley. Probabilities of
liquefaction allowing lateral spreading shall be provided for each scenario for each liquefaction
and landslide hazard zone.
Deliverables – ground motion, liquefaction and landslide probability, and peak ground
displacement (PGD) mapping in GIS format and supporting documentation in a Technical
Memorandum (Draft and Final), suitable for inclusion in the project report.
Input from the City of Kent – City GIS mapping base map.
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Task 4 Facility Assessment
Facilities will be evaluated for ground motions and earthquake hazards for the two scenarios.
Site visits will be made to each supply facility. The Tacoma Pipeline 5 supply will be based on
information from the Tacoma Public Utilities. The springs will be evaluated considering the
vulnerability of structures making up the spring collection system, and the geotechnical stability
in the area of the springs. The wells vulnerability will be based on a groundwater well
earthquake loss model developed by Donald Ballantyne considering the vulnerability of the well
house, the well casing and screen, the pump and piping, power supply, potential contamination,
and the connecting piping. For the 212th St. WTP design drawing will be reviewed and
vulnerability assessed for the two scenarios. Equipment and piping installations will be checked
against the ASCE Seismic Design standards.
The interties will be evaluated based on the liquefaction susceptibility at the facility location, and
observations of the exposed piping in the vaults.
Tank and reservoir drawings will be reviewed and site visits made to each facility. Information
from the 1996 City’s 1996 seismic report will be reviewed, and an assessment made using
selected damage mechanisms identified in AWWA tank standards. The geotechnical engineer
will be involved in the assessment of the buried reservoirs, and tank sites where slope stability
is a potential issue.
Deliverables – Draft and Final Technical Memorandum describing the evaluation processes and
the findings for each facility for the two scenarios.
Input form the City of Kent – Facility drawings and engineering reports that address seismic
performance. Accompany project team members for site visits to facilities.
Task 5 Pipeline Assessment
Transmission, distribution backbone, and distribution pipe will be evaluated considering the
hazard environment in which it is located and the pipe material/system from which it is made.
Pipeline GIS mapping will be overlaid on PGV ground motion, liquefaction and landslide
susceptibility (probability), and liquefaction lateral spread mapping (PGD). The PGV and PGD
will be identified for each pipe section and output into a spreadsheet. Pipeline damage will be
estimated in the spreadsheet using the American Lifelines Alliance (ALA) methodology. The
number of leaks and breaks will be reported for each pipeline section (transmission/backbone)
or pressure zone (distribution). The results will be input back into the GIS system and a map
showing the pipeline vulnerability displayed.
For critical transmission and backbone pipelines identified as being vulnerable, a more detailed
analysis will be performed for up to 10 pipeline locations.
Deliverables – Draft and Final Technical Memorandum describing the evaluation process and
the findings for each of the two scenarios. GIS map showing the expected pipe performance for
each of the two scenarios with the Technical Memorandum.
Input form the City of Kent – Pipeline GIS database.
17
Task 6 System Performance
The system performance and recovery will be assessed in a workshop format. Facility and
pipeline damage data will be reviewed. Working together, the Consultant and City of Kent staff
will assess the operability of the system for both scenarios. Redundant supplies will be
considered. If the system is not expected to remain functional, estimates will be developed for
the expected time it would take to restore key facilities and pipelines that are not operable and
required to make the system operable. Operability by pressure zone will be addressed. The
repair times will be aggregated, and an estimate developed for recovery time.
Deliverables – Draft and Final Technical Memorandum describing the evaluation process and
system operability, recovery, and deficiencies that impact recovery findings
Input from the City of Kent – Active participation in the Workshop. Information on the crew
capacity (personnel, equipment, and repair materials) to repair pipeline failures following an
earthquake.
Task 7 Identify System Deficiencies, Develop Mitigation Alternatives, and
Develop System Mitigation Programs
Facility and pipeline deficiencies identified in Task 6 will be further evaluated and prioritized
considering their risk – their vulnerability, impact on system operability (consequence of failure)
and restoration time.
Mitigation alternatives will be identified including emergency response elements (e.g. repair
materials, mutual aid, etc.), work -arounds strategies and equipment, facility upgrades, and
facility replacement, or new facilities. This task will coordinate upgrades or expansion with other
non-seismic system improvements.
Three levels of system mitigation programs will be developed. One program will be developed to
meet the proposed LOS documented in Task 2. Two additional less aggressive program
alternatives would be developed as well. Projects will be generally distributed out over the
proposed time frame. Each program will be tied back to the expected level of improvement
(reduction in recovery time).
Preliminary mitigation alternatives will be shared with City personnel at a workshop, and
feedback on the various alternatives provided both during and following the workshop.
Rough order of magnitude costs will be developed for each project and the three overall system
seismic programs. This will allow the City to assess the value of proceeding with the three
seismic mitigation program levels.
Deliverables – notes from Mitigation Workshop.
Input from the City of Kent – participation in a mitigation workshop and feedback provided.
Task 8 Prepare Project Report
A draft and final report will be prepared including the various Technical Memorandum prepared
during the previous tasks.
Deliverables – Draft and Final Reports
18
Input form the City of Kent – Review comments on the draft report consolidated into a single
report. These comments can be provided in MS Word format including comments and edits.
Assumptions
Project duration will be 8 months from Notice to Proceed
Four hard copies of the draft and final report will be provided to the City. Other deliverables will
be provided to City of Kent in electronic (.pdf) format.
Engineers Estimates of Probable Construction Costs will be AACE Class 5.
Number and type of facilities to be evaluated are limited to those as identified on the Proposal
Fee Estimate.
All water system information provided by the City to be returned to the City after completion of
the project.
Final versions of Technical Memorandum will be included with the final report.
City of Kent staff to accompany Consultant staff to each site. Safety equipment and procedures
necessary to access the site are the responsibility of the City. Consultant staff to provide
required personal protection equipment.
Background information (drawings, reports, etc.) to be provided by the City at one time.
A single consolidated set of review comments will be provided by the City for each deliverable.
Mapping deliverables will include providing GIS shape files and associated Geodatabase.
Anticipated Schedule Milestones
Notice to Proceed October 3, 2016
Task 2 LOS goals October 24, 2016
Task 3 Technical Memorandum November 14, 2016
Task 4 Technical Memorandum January 23, 2017
Task 5 Technical Memorandum January 30, 2017
Task 6 Technical Memorandum February 21, 2017
Task 7 Workshop March 13, 2017
Draft Report April 10, 2017
Final Report May 15, 2017
19
20
21
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.
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.
22
EXHIBIT B (Continued)
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.
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.
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24
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: September 14, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 19, 2016
From: Eric Connor, Construction Engineering Manager
Through: Chad Bieren, P.E., Deputy Director City Engineer
Item 6: Scarsella Brothers, Inc. Change Order – Mill Creek (West Valley
Highway) Water Line and Bridge Repair
Summary: Staff briefed the Committee earlier this summer on the need for repairs
to the water main that crosses over West Valley Highway. The main serves the
south part of the valley and was at risk for failure due to issues with the stream
bank protection near the bridge.
Scarsella Brothers Construction installed steel sheet piles and made permanent
repairs to the water line. Scarsella Brothers mobilized work on Friday, June 10, and
completed their work on July 14, 2016, at a cost of $133,382.23.
Exhibit: Invoice from Scarsella Brothers, Inc.
Budget Impact: Repairs will be charged to the Water Fund, as the main support for
the water line was at risk.
Motion: Move to recommend Council authorize the Mayor to sign a Change
Order with Scarsella Brothers, Inc. in an amount not to exceed
$133,382.23 for services related to the water line repair of the Mill Creek
(Auburn) 14 Bridge on West Valley Highway, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
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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: September 15, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 19, 2016
From: Mike Mactutis, Environmental Engineering Manager
Through: Chad Bieren, P.E., Deputy Director, City Engineer
Item 7: King County Flood Control District Cooperative Watershed
Management Grant, Project Funding Agreement for Mill Creek
Side Channel – Leber
Summary: The Mill Creek Side Channel-Leber project was previously funded for
clearing, grubbing and the first phase of planting, which was completed in March
2015. Grant funds in the amount of $100,000.00, will provide additional funding for
final construction.
Once completed, the restoration project will create off-channel habitat in the Green
River near the confluence of Mill Creek, will increase floodplain refuge habitat for
Chinook and other salmonids, enhance riparian habitat, and restore floodplain
functions. The 8.6 acre site is owned by the City and is also known as Leber
Homestead.
Exhibit: WaterWorks Grant Program Grant Agreement
Budget Impact: The WaterWorks Grant agreement in the amount of $100,000
provides for final phase construction for the Mill Creek Side Channel – Leber
Restoration project. Other grants include KC Cooperative Watershed Management
Fund 2014 for $787,846.00, KC Cooperative Watershed Management Fund 2015 for
$558,000.00, RCO Salmon Recovery Funding Board 2014 for $327,353.00, and RCO
Puget Sound Acquisition and Restoration 2014 for 478,885.53. These grants total
$2,152,084.53 and with the additional WaterWorks grant $2,252,084.53. The city
of Kent will provide an additional $76,440.00 in matching funds for $76,440.00 in
plants and labor. This brings the total to $2,328,524.53.
Motion: Move to recommend Council authorize the Mayor to sign the
WaterWorks (WW) Grant in the amount of $100,000, direct staff to accept
the grant and establish a budget for the funds to be spent within the Mill
Creek Side Channel (Leber) Restoration project.
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30
WaterWorks Grant Program
Grant Agreement
AGREEMENT
between
CITY OF KENT
and
KING COUNTY
This is an Agreement between the City of Kent, hereinafter the “RECIPIENT” and King County,
a political subdivision of the state of Washington, hereinafter the “COUNTY.” This Agreement
is effective as of the date of the COUNTY signatory.
The purpose of this Agreement is to set forth the terms, conditions, and the legal and
administrative relations that apply to the RECIPIENT in exchange for financial assistance in
carrying out a proposed project entitled Leber Homestead – Arsenic Remediation, hereinafter
the “PROJECT.”
Section 1. Background and Recitals:
A. Proposed PROJECT benefit or improvement to water quality and/or the regional
wastewater treatment system and its ratepayers: This project will remove arsenic
contaminated soil from the floodplain area on the Leber Homestead site in Kent. These
contaminants will be removed and buried in order to prepare the site for salmon habitat
restoration work. The project will create a floodplain wetland tributary to the Green River
and include restorative plantings as well as woody debris.
B. The COUNTY plans and proposes to remunerate the RECIPIENT for the purpose
described in Subsection A above in an amount up to, but not exceeding $100,000,
hereinafter the “AWARD.”
C. This AWARD is made with the understanding that the RECIPIENT will complete the
PROJECT as outlined in the Scope of Work (Exhibit A) and will fulfill reporting
requirements as described under the Terms and Conditions of this Agreement.
D. The RECIPIENT plans to contribute to this PROJECT a cash and/or in-kind match
valued at $2,558,036, to be verified in submitted PROJECT reports.
E. The RECIPIENT applied for a WaterWorks grant on September 16, 2015.
F. The RECIPIENT was notified that its proposal for the PROJECT was recommended for
funding on March 29, 2016.
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Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 2 of 21
G. Beginning on April 19, 2016, the RECIPIENT commenced work on the PROJECT,
according to the original timeline in its proposal.
H. The King County Council approved the WaterWorks grants from this funding cycle
(Round 1, deadline September 16, 2015) on July 25, 2016.
I. The COUNTY agrees to pay for eligible PROJECT expenses incurred on and after
April 19, 2016, subject to the terms and conditions below.
Section 2. Terms and Conditions:
A. The PROJECT shall be in accordance with the tasks and activities specified in the Scope
of Work (Exhibit A). Any modifications must be requested in an Agreement Amendment
and be approved by the Director of the Wastewater Treatment Division (WTD) in the
COUNTY’s Department of Natural Resources and Parks.
B. The COUNTY will, upon execution of this Agreement, establish procedures to allow
payment to the RECIPIENT of all eligible expenses for approved activities up to the limit
of the AWARD. Payments are on a reimbursement basis; except in special circumstances,
at the discretion of the COUNTY, where advances of a portion of the AWARD may be
made. Twenty percent (20%) of the AWARD amount will be withheld by the COUNTY
until receipt of the final Quarterly Progress and Expense Reports and the Closeout
Reports.
C. The RECIPIENT’s expenditures of AWARD funds shall be separately identified in the
RECIPIENT’s accounting records. If requested, the RECIPIENT shall comply with other
reasonable requests made by the COUNTY with respect to the manner in which
PROJECT expenditures are tracked and accounted for in the RECIPIENT’s accounting
books and records. The RECIPIENT shall maintain such records of expenditures as may
be necessary to conform to generally accepted accounting principles, and to meet the
requirements of all applicable state and federal laws.
D. The COUNTY will reimburse RECIPIENT for expenses on a quarterly basis, following
receipt and approval of Quarterly Progress Reports, Quarterly Expense Reports, and
Closeout Reports. Twenty percent (20%) of the AWARD will be held back until a close-
out verifies fiscal and programmatic compliance with the terms and conditions of the
agreement.
1. The RECIPIENT shall be responsible for submitting the following PROJECT
progress reports: Quarterly Progress Reports (Exhibit E), Quarterly Expense
Reports (Exhibit F or G), Financial Closeout Report (Exhibit H), and Narrative
Closeout Report (Exhibit I); including backup documentation such as photos,
copies of articles, and financial backup such as copies of receipts.
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Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 3 of 21
2. Quarterly Progress Report (Exhibit E) and Quarterly Expense Report (Exhibit F
or G) shall be submitted together.
a. Each Quarterly Progress Report shall be presented in the format shown in
Exhibit E of this Agreement; each Quarterly Expense Report shall be
presented in the format shown in Exhibit F of this agreement.
b. The Quarterly Progress and Quarterly Expense reports are due thirty (30)
days after the end of each quarter.
c. If no expenses are made during a quarter, no Expense Report is needed.
However, the Quarterly Progress Report should still be submitted and
indicate that no expenses were made during that time period.
d. The Quarterly Expense Report should detail expenses and include backup
documentation of expenses.
3. Financial Closeout Report (Exhibit H) and Narrative Closeout Report (Exhibit I)
shall be submitted together, which will include closeout documentation.
a. The Final Closeout reports are due thirty (30) days after the end date of the
PROJECT or not later than October 31, 2018.
E. Failure to submit the aforementioned Quarterly Report on the PROJECT progress within
ninety (90) days of the due date may be cause for the COUNTY to terminate this
agreement for non-performance. Termination would require the return of any funds
advanced but not already spent executing the PROJECT, as well as forfeiture of AWARD
funds for activities not completed by termination date.
F. Failure to provide all of aforementioned documentation may result in the need to
withhold part or all of the AWARD.
G. Costs eligible for payment shall be limited to those costs identified in the Budget (Exhibit
B) and incurred during the effective dates of this Agreement.
H. Any and all activities to be funded by this Agreement to the RECIPIENT shall be
completed by September 30, 2018. If needed, an Agreement Amendment may be granted
to extend the terms of the contract beyond the end date, adjust the scope of work, or
change the budget details (but not increase the total AWARD amount), conditioned upon
approval by KING COUNTY. The extension must be requested and approved at least
sixty (60) days in advance of the original end date.
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Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 4 of 21
I. The RECIPIENT agrees to acknowledge the COUNTY in all media, publications, and
signage that are produced as part of the PROJECT. This includes press releases, public
service announcements, posters, flyers, signage, Web pages, blogs, and videos. The
RECIPIENT will use the wording provided in Exhibit C of this Agreement (Credit and
Disclaimers).
Section 3. Legal and Administrative Relations:
A. The RECIPIENT shall maintain such records of expenditures as may be necessary to
conform to generally accepted accounting principles and to meet the requirements of all
applicable state and federal laws. The RECIPIENT shall maintain and submit to the
COUNTY any such records as the COUNTY may require to conduct any audit of the
PROJECT it may elect to conduct or to substantiate expenditures paid for by this
AWARD. The RECIPIENT shall maintain and retain books and records related to the
Agreement for at least three (3) years after the termination of said Agreement.
B. The COUNTY’s financial assistance to the RECIPIENT shall be construed by the parties
as a special disbursement to the RECIPIENT to fund activities, as described herein that
generally benefit the COUNTY’s efforts to leverage or complement the water quality
mission of the regional wastewater system. The COUNTY’s sole obligation under this
agreement shall be to provide funds to the RECIPIENT and this agreement shall not be
construed as a contract for services between the RECIPIENT and the COUNTY, or as
establishing a principal agent relationship between the COUNTY and the RECIPIENT.
No joint venture or partnership is formed as a result of this Agreement.
C. The RECIPIENT shall be solely responsible for the recruiting, training, and supervision
of its employees and volunteers. Individuals hired and paid by the RECIPIENT shall not,
in any event, be construed to be employees of, or contractors to, the COUNTY and the
RECIPIENT shall indemnify and hold harmless the COUNTY from any and all claims
arising from any contention that said individuals are employees of, or contractors to, the
COUNTY. This condition shall survive the termination of this Agreement. All actions
undertaken under the funding provided by the terms of this agreement are, as between the
COUNTY and the RECIPIENT, the sole responsibility of the RECIPIENT. No
employees, agents, volunteers, or contractors of RECIPIENT shall be deemed, or
represent themselves, to be employees of the COUNTY.
D. RECIPIENT agrees for itself, its successors, assigns or by others including, without
limitation, all persons directly or indirectly employed by RECIPIENT, or any agents,
contractors, subcontractors, consultants, subconsultants, volunteers, licensees or invitees
of RECIPIENT, to defend, indemnify, and hold harmless the COUNTY, its appointed
and elected officials, and employees from and against liability for all claims, demands,
suits, and judgments, including costs of defense thereof for injury to persons, death, or
property damage which is caused by, arises out of, or is incidental to RECIPIENT’s
exercise of rights, privileges, and obligations under this Agreement, except for the
COUNTY’s sole negligence. RECIPIENT’s obligations under this section shall include,
but not be limited to all of the following: (i) The duty to promptly accept tender of
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Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 5 of 21
defense and provide defense to the COUNTY with legal counsel acceptable to the
COUNTY at RECIPIENT’s own expense; (ii) Indemnification of claims made by
RECIPIENT’s own employees or agents; and (iii) Waiver of RECIPIENT’s immunity
under the industrial insurance provisions of Title 51 R.C.W. but only to the extent
necessary to indemnify the COUNTY, which waiver has been mutually negotiated by the
Parties.
In the event it is necessary for the COUNTY to incur attorney’s fees, legal expenses, or
other costs to enforce the provisions of this section, all such fees, expenses, and costs
shall be recoverable from RECIPIENT. The provisions of this Section 3.D shall survive
the expiration, abandonment, or termination of this Agreement.
E. Nothing in this Agreement shall be construed as prohibiting the RECIPIENT from
undertaking or assisting projects developed outside the purview of this Agreement, or
entering into agreements with other parties to undertake said projects in accordance with
whatever terms and conditions may be agreed to between the RECIPIENT and other
parties.
F. The COUNTY shall be under no obligation to continue this agreement and may request
partial or full reimbursement of payments it made to the RECIPIENT should the
RECIPIENT fail to perform according to the terms and conditions of this Agreement,
whether or not failure to perform is within the RECIPIENT’s control.
G. This Agreement may be amended at any time by written concurrence of the parties
through a formalized Amendment Agreement Form and will terminate upon fulfillment
of all obligations contained herein.
H. The COUNTY may terminate this Agreement immediately for cause. If this Agreement is
terminated the RECIPIENT shall return any unused portion of the funds advanced up to
the date of termination.
I. Invalidity or unenforceability of one or more provisions of this Agreement shall not
affect any other provision of this Agreement.
J. In its performance under this Agreement the RECIPIENT shall not discriminate against
any person on the basis of sex, race, color, marital status, national origin, religious
affiliation, disability, sexual orientation, gender identity or expression, age except by
minimum age, and retirement provisions, unless based upon a bona fide occupational
qualification, and the RECIPIENT shall not violate any of the terms of chapter
49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal,
state, or local law or regulation regarding nondiscrimination in employment.
K. Authority: Representations and Warranties. Each signatory to this Agreement represents
and warrants that he or she has full power and authority to execute and deliver this
Agreement on behalf of the entity for whom he or she is signing.
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Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 6 of 21
L. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, and all counterparts together shall constitute but one and the same
instrument. The exchange of copies of this Agreement and of signature pages by
facsimile transmission, by electronic mail in “portable document format” (“.pdf”) form,
or by any other electronic means intended to preserve the original graphic and pictorial
appearance of a document, or by combination of such means, shall constitute effective
execution and delivery of this Agreement as to the Parties and may be used in lieu of the
original Agreement for all purposes. Signatures of the Parties transmitted by facsimile
shall be deemed to be their original signatures for all purposes.
M. The effective date of this agreement is the date of COUNTY signatory.
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Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 7 of 21
AGREEMENT SIGNATURE PAGE
CITY OF KENT by:
Signature:_____________________________________________________________________
Suzette Cook, Mayor
Date: ______________________________
KING COUNTY by:
Signature: _____________________________________________________________________
Gunars Sreibers, Acting Division Director, Wastewater Treatment Division
Date: ______________________________
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Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 8 of 21
EXHIBIT A: SCOPE OF WORK
The task(s) set forth below summarize the RECIPIENT’s activities to be performed under this
agreement to complete the PROJECT. All activities in the following tasks, including
deliverables, must be completed by the expiration date of this agreement unless otherwise
modified through an Agreement Amendment Form and approved by the COUNTY in writing.
Any work performed or costs incurred prior to the effective date of this agreement will be at the
sole expense of the RECIPIENT.
Tasks and Activities Measurable Results/Deliverables Timeframe
TASK 1: Spec finalizing, request
for bid and project award
Lowest responsive bidder will be
awarded contract for construction
February-
April 2016
TASK 2: TESC, excavation,
mixing and/or disposal of
contaminated soil, verification
testing to ensure clean soils
“Clean” site with all 8,000 CY of
contaminated soil either removed from
the site (to approved facility) or mixed
down below arsenic action levels
May-June
2016
Permits/Permissions
Construction Stormwater General
Permit Coverage, Dept. of Ecology
Purpose: Ensure BMPs for sediment control are enacted
and effective. Issued July 3, 2014 (Eff. until terminated)
Nationwide Permit #27, Section
404 Dredge & Fill Permit, Seattle
Dist. Corps of Eng.
Purpose: Clean Water Act, Coastal Zone Management
Act, DOE Water Quality Certification, National Historic
Preservation Act and Endangered Species Act
compliance. Issued June 4, 2013; Expires Mar. 18, 2018
Hydraulic Project Approval,
Washington Dept. of Fish and
Wildlife
Purpose: Preservation of fish and other aquatic species
and their habitat. Issued Nov. 29, 2012; Expires
Nov. 28, 2017.
Revised Mitigated Determination
of Nonsignificance, City of Kent
Purpose: State Environmental Policy Act and Kent
Critical Areas Ordinance compliance. Issued
Aug. 27, 2012. No expiration date.
Shoreline Exemption, City of Kent Purpose: Exempt project from Kent Shoreline Master
Program (SMP). Letter issued Sept. 10, 2013.
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Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 9 of 21
EXHIBIT B: BUDGET
Costs are limited to those approved by the COUNTY in the current Budget. Costs should be
reasonable and necessary to carry out the task. All activities and PROJECT expenditures must be
completed according to this agreement unless otherwise modified through an Agreement
Amendment Form and approved by the COUNTY in writing.
Any work performed or costs incurred prior to the effective date of this agreement will be at the
sole expense of the RECIPIENT.
An Agreement Amendment must be completed and approved to change a scope of work, request
an extension, or if the budget might deviate more than ten percent (10%) (of Grand Total). For
more information, contact your grant administrator.
A B C D E F
BUDGET
CATEGORY
ITEMS:
Description
(rate or unit x
quantity)
GRANT
AWARD
CASH
MATCH
IN-
KIND
MATCH
SOURCE OF
MATCH
Staff salaries and benefits:
Construction inspection,
management, engineering
$152,416 (7.5% of
construction contract)
$200,000 KCD grant: $200,000 –
Excess will be applied
to construction contract
and remediation
Salary and Benefits Subtotal $200,000
Commercial services:
Construction contractor
(removal and/or mixing
of contaminated soil)
Consultant (arsenic
level verification and
remediation)
Excavation, mix,
stockpile, and/or
dispose of
contaminated soil -
$908,640 (Scarsella
Bros.)
Verification &
Remediation services -
$89,200 (AMEC)
$100,000
Commercial services:
Construction contractor
Consultant (arsenic
level verification and
remediation services)
Construction Contract -
$2,225,277
Remediation
Consultant Contract -
$89,200
Native plant planting
and labor - $205,951
$2,152,085 $205,951 Cash: PSAR 2013 &
2014 $478,886; SRFB
2014 $327,353; CWM
2014 $787,846; CWM
2015 $558,000;
In-Kind: City plants and
planting labor
Direct Costs Subtotal $100,000 $2,152,085 $205,951
Project Subtotal
(Salary and Benefits Subtotal + Direct Costs
Subtotal)
$100,000 $2,352,085 $205,951
Overhead (not more than 10% of Grand TOTAL)
Grand TOTAL $100,000 $2,352,085 $205,951
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Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 10 of 21
EXHIBIT C: ACKNOWLEDGEMENTS AND DISCLAIMERS
Logo and logo standards: For electronic versions of the official logos and logo standards,
contact your grant administrator. The above logo must be included on all printed documents
and electronic media produced in carrying out the PROJECT. This includes signage, posters,
documents, brochures, flyers, newsletters, newspaper advertising, Web pages, blogs, and videos.
Credit for materials produced as part of the PROJECT: Acknowledge PROJECT funding by
including the following sentence with the logo:
This project is funded by the King County Wastewater Treatment Division
If your PROJECT has multiple funders, it can say:
This project is funded in part by the King County Wastewater Treatment Division
Disclaimer language: For items where opinions or advice or a list of organizations or businesses
are included in the copy (e.g., an interpretive panel, a guidebook, or a directory), please add the
following disclaimer sentence:
The content herein does not constitute an endorsement by King County government, its
employees, or its elected and appointed officials.
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Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 11 of 21
EXHIBIT D: AGREEMENT TERMS AND PROCEDURES
ACKNOWLEDGMENT: Please acknowledge KING COUNTY in all written and electronic
media (publications, signage, press releases, public service announcements, posters, flyers, Web
pages, videos, PowerPoint presentations, etc.). Refer to Exhibit C for further information.
ADVANCE: Advance payments are allowed in some cases at the discretion of the COUNTY;
documentation of payments made from advances shall be submitted to the COUNTY prior to any
further requests for AWARD funds.
AGREEMENT AMENDMENT: This document must be completed and approved to change a
scope of work, request an extension, or if the budget (Exhibit B) might deviate in any PROJECT
cost categories by an amount equal to or greater than ten percent (10%) of the total AWARD
amount. This form is available from your grant administrator.
BALANCE OF AWARD: Any amount of your AWARD not spent on this PROJECT must be
returned to KING COUNTY, if an advance was issued.
CLOSEOUT REPORTS, FINANCIAL AND NARRATIVE: These reports document the
successful completion of the PROJECT according to the scope of work. The Financial and
Narrative Closeout Reports are due thirty (30) days after the end of your agreement period. Refer
to Exhibit H for more information. Include in the final report:
1. Financial Closeout Report (Exhibit H) documenting the records of expenditures for
the PROJECT (reconcile your project expenses, award, cash, and in-kind match).
2. Narrative Closeout Report (Exhibit I) documenting the successful completion of the
PROJECT according to the scope of work. The final report will include a narrative,
outreach materials, copies of communication materials, and tools created for and
about the PROJECT.
ELIGIBLE CHARGES: Only expenses in the categories listed in the budget page of this grant
agreement can be covered by this AWARD and only up to the indicated amount without prior
authorization.
FINANCIAL RECORDS: Maintain a record of your expenditures to conform to generally
accepted accounting principles. Retain records for at least three (3) years after the end date of
your agreement. It is highly recommended that if you use a computer to track your project
expenses you assign a code to this grant. If you keep track of your expenses manually, you will
need to make copies of your receipts or other “manual” documents. This way, you will be able to
document your expenses.
MATCH: Keep track of cash and/or in-kind match amount as it is described in your budget
(Exhibit B) because it must be documented in your Financial Closeout Report (Exhibit H).
MILESTONE: Milestones are considered significant actions or events marking important
progress or change in the stage of development of the PROJECT.
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Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 12 of 21
QUARTERLY PROGRESS REPORTS (Exhibit E): These reports include a task summary
and provide a status report on the progress of tasks identified in the scope of work. It also
quantifies the amount spent to date and percent of the PROJECT completed. The quarterly
reports are due thirty (30) days after the end of each quarter.
QUARTERLY EXPENSE REPORTS (Exhibit F or G): This form, submitted along with a
Quarterly Progress Report, is for reimbursement of costs each quarter.
SCOPE OF WORK (EXHIBIT A): Keep track of your activities as they relate to the scope of
work you provided. You will have to document the progress when submitting your Quarterly
Reports (Exhibit E) and Closeout Report (Exhibit I).
START DATE: The start date of this agreement is the date of the COUNTY signatory.
Expenses can be posted as of the start date of your agreement but not sooner. (Same thing as
Effective Date.)
42
Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 13 of 21
EXHIBIT E: QUARTERLY PROGRESS REPORT
WaterWorks Grant Program
Quarterly Progress Report
Date
Recipient
(organization)
Contact Name
Phone
Email
Address
City, State, Zip Code
Request No.
Dates
(beginning & end date for this claim)
Project Name
Instructions: Complete this form and submit together with Quarterly Expense Report to Grant Administrator
Tasks/Activities
(from Scope of Work)
Measurable Results/Deliverables
progress/status/percentage completed (note dates)
(from Scope of Work)
1)
2)
3)
43
Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 14 of 21
4)
5)
Briefly describe for this time period, in five lines or less per topic:
Project Successes
Obstacles and Challenges
Please email inquiries and all documents to:
Elizabeth Loudon, WaterWorks Grant Administrator
Wastewater Treatment Division
Phone: 206-477-4297 Email: water.grants@kingcounty.gov
44
Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 15 of 21
EXHIBIT F: QUARTERLY EXPENSE REPORT
WaterWorks Grant Program
Quarterly Expense Report
Date
Recipient
(organization)
Contact Name
Phone
Email
Address
City, State, Zip Code
Request No.
Dates
(beginning & end date for this claim)
Project Name
Instructions: Complete this spreadsheet in Excel and attach your financial/accounting system reports to document all
expenses.
Budget Line Item
(From Exhibit B Budget, use
latest approved amendment)
Budgeted
(From Exhibit B
Budget, use latest
approved amendment)
Current Request Amount of all
Prior Requests
(Do not include
advances as a line item)
Award Balance
Remaining
TOTAL
THIS REQUEST
Please email inquiries and all documents to:
Elizabeth Loudon, WaterWorks Grant Administrator
Wastewater Treatment Division
Phone: 206-477-4297 Email: water.grants@kingcounty.gov
45
Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 16 of 21
EXHIBIT G: QUARTERLY EXPENSE REPORT—ADVANCE
WaterWorks Grant Program
Quarterly Expense Report with Advance
Date
Recipient (organization)
Contact Name
Phone
Email
Address
City, State, Zip Code
Request No.
Dates
(beginning & end date for this claim)
Project Name
Instructions: Complete this spreadsheet in Excel and attach your financial/accounting system reports to document all
expenses. Advances will only be given in specific circumstances and need prior approval from the grant administrator.
Budget Line Item
(From Exhibit B Budget,
use latest approved
amendment)
Budgeted
(From Exhibit B
Budget, use latest
approved amendment)
Current Request Advance
Reconciliation
(Expenses covered
by last advance)
Amount of all
Prior Requests
(Do not include
advances as line item)
Award Balance
Remaining
TOTAL
ADVANCE
REQUESTED
(For next period)
GRAND TOTAL
ADVANCE FROM
LAST INVOICE
ADJUSTED FOR
ADVANCE
FORFEITURE
(Advance balances do not
carry forward)
THIS REQUEST
ADVANCE EXPLANATION:
Please email inquiries and all documents to:
Elizabeth Loudon, WaterWorks Grant Administrator
Wastewater Treatment Division
Phone: 206-477-4297 Email: water.grants@kingcounty.gov
46
Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 17 of 21
EXHIBIT H: FINANCIAL CLOSEOUT REPORT
Project Name
Recipient
Total Award
Project Contact
Address
City/State
Phone
Email
Grant Agreement
Dates Start Date – End Date
Date Reporting Today’s Date
Instructions: Complete the budget table below comparing your proposed budget to actual spending
within the project and sign. Include receipts and/or auditable accounting details (that you haven’t
already provided) for all costs incurred for the project. This may include ledger-based copies, cancelled
checks, and payroll records. You do not need to provide this documentation for any match dollars spent.
BUDGET
ITEM
GRANT
BUDGET
GRANT
ACTUAL
CASH
MATCH
PROPOSED
CASH
MATCH
ACTUAL
IN-KIND
MATCH
PROPOSED
IN-KIND
MATCH
PROPOSED
Staff salaries &
benefits
Salaries &
Benefits Sub
Total
Freelance
workers and
consultants
Project supplies,
materials, and
equipment
Commercial
services
Transportation
Other costs
Direct Costs Sub
Total
Overhead
(10% of Grand
Total max)
Grand TOTAL
WaterWorks Grant Program
Financial Closeout Report
47
Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 18 of 21
Provisions
Please complete and sign below.
By signing this financial closeout report, I _________________________, an authorized
representative of the above named RECIPIENT, confirm that I have examined the information
contained herein and that, to the best of my knowledge, it is a true and accurate account of all the
financial expenses and in-kind contributions incurred by the above named PROJECT in the
course of fulfilling the conditions of the Agreement between «Organization» and KING
COUNTY.
This report contains financial documents from ___________ to ___________ (dates).
I hereby acknowledge that there are no further expenses associated with this PROJECT, nor any
pending or future claims to the COUNTY and that the COUNTY is not liable for any expenses
not documented in the budget. I understand that «Organization» is fully bound by the provisions
of the Agreement, including but not limited to, the return of COUNTY funds that are unspent or
whose spending is unsubstantiated according to the Terms of the Agreement, and the right to
examine records. I further understand that the COUNTY, upon examining final budget and
closeout reports, submitted by the RECIPIENT will determine the amount of the balance due to
the RECIPIENT.
Signature: _____________________________________________________________
RECIPIENT printed name and title: ___________________________________________
______________________________________________________________________
Date: ______________________________
Please email inquiries and all documents to:
Elizabeth Loudon, WaterWorks Grant Administrator
Wastewater Treatment Division
Phone: 206-477-4297 Email: water.grants@kingcounty.gov
48
Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 19 of 21
EXHIBIT I: NARRATIVE CLOSEOUT REPORT
Project Name
Recipient
Total Award
Project Contact
Address
City/State
Phone
Email
Grant Agreement Dates Start Date – End Date
Date Reporting Today’s Date
Instructions: In narrative format, summarize the project accomplishments and successes,
regional benefits, project performance, obstacles and challenges, lessons learned, and
recommendations for future comparable projects. Attach copies of all project materials and
publications as well as photos from your project.
Project Performance
Please quantify all fields below that are applicable to your project and for which you have data;
add any other quantifiable data that is pertinent, including units (e.g. square feet, volunteer
hours, gallons/year).
Wastewater Captured and Treated
Stormwater Runoff Captured
Stormwater Runoff Diverted
Best Management Practices Installed
Rain Gardens Installed
Cisterns Installed
Water Saved
Sites Restored
Site Depaved
Native Plants Installed
Organizations Engaged
Ambassadors Recruited
Active Volunteers
Volunteer Hours
Events Organized/Tours Given
Event Attendance
People Engaged
Presentations Given
Materials Created
Materials Distributed
Languages Provided
Communities Served
Project Partners
Social Media Followers
Website Visits
Earned Media Stories
WaterWorks Grant Program
Narrative Closeout Report
49
Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 20 of 21
Regional Water Quality Benefits
What difference did this project make in supporting King County WTD’s water quality mission,
and create a benefit to or improvement of water quality within WTD’s service area?
Project Accomplishments and Successes
Please describe the notable accomplishments and success of your project, both anticipated and
unanticipated.
Obstacles and Challenges
Please describe any obstacles or challenges you faced while carrying out this project.
Lessons Learned and Recommendations for Future Projects
Please describe any lessons learned from both successes and failures alike. What strategies
worked well that might be replicated elsewhere and what approaches fell short of expectations?
Why?
Project Materials and Photos (list here and attach)
Please email inquiries and all documents to:
Elizabeth Loudon, WaterWorks Grant Administrator
Wastewater Treatment Division
Phone: 206-477-4297 Email: water.grants@kingcounty.gov
50
Agreement between City of Kent and King County
Leber Homestead – Arsenic Remediation – Round 1, 2015
Page 21 of 21
EXHIBIT J: FUNDING AUTHORITY
The funding authority for this AWARD comes from the COUNTY, through its Department of
Natural Resources and Parks, which operates a regional system of sewage treatment and
conveyance facilities for which it collects charges from local governments. Said charges
constitute the source of revenue for operation of the COUNTY’s sewage treatment system. By
agreement with said local governments, this revenue can be used only to fund expenditures that
are related to the development, operation, maintenance, and replacement and improvement of
said system. By budget authority, the COUNTY funds activities related to the regional water
quality objectives advanced by the development of the sewage treatment system.
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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: September 9, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 19, 2016
From: Lacey Jane Wolfe, Senior Transportation Planner
Through: Chad Bieren P.E., Deputy Director City Engineer
Item 8: Information Only/Street Light Policy
Summary: City Transportation staff is developing a street light policy for council
consideration. The policy will provide a recommendation of the City’s intent to provide
for the installation, power and maintenance of street lights on streets designated as
arterials.
Exhibit: None
Budget Impact: None
Information Only/No Motion Required
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54
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: September 14, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 19, 2016
From: Mike Mactutis, P.E., Environmental Engineering Manager
Through: Chad Bieren, P.E., Deputy Director City Engineer
Item 9: Information Only/FEMA Flood Insurance Rate Map Update
Summary:
The Federal Emergency Management Agency began a Flood Insurance Rate Map
(FIRM) update in 2005 which was put on hold in 2011 when new Levee Mapping
Policies were introduced.
FEMA is now starting to update the FIRMs in King County for flood hazard areas not
affected by levees (levee protected areas are “secluded”).
Staff will provide an updated status of the levee mapping project since the July 21
briefing.
Exhibit: None
Budget Impact: None
Information Only/No Motion Required
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56
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: August 4, 2016
To: Chair Dennis Higgins and Public Works Committee Members PW
Committee Meeting Date: September 19, 2016
From: Tim LaPorte, P.E., Public Works Director
Item 10: Information Only/Utility Tax Ordinance Proposed Revision
Summary: At the request of the Public Works Committee, staff will examine
broadening the solid waste utility tax ordinance provisions.
The proposal would include the ability to fund the design and installation of
neighborhood traffic calming devices and appurtenances. The proposal would also
include crosswalks and appurtenances within the funding source. The current code
allows only for the maintenance and replacement of existing infrastructure.
Exhibit: City code 3.18.020(A)(5)
Budget Impact: Not known at this time.
Information Only/No Motion Required
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58
3.18.020 Certain utilities subject to tax.
A. In addition to the other business and license fees required by the ordinances of the city, the city levies upon
all persons, firms, or corporations (including the city) engaged in certain business activities a utilities tax to be
collected as follows:
1. Upon every person, firm, or corporation engaging in or carrying on any telephone business
within the city, an annual tax equal to six (6) percent of the total gross income, including
revenues from intrastate toll, derived from the operation of such business within the city. This six
(6) percent tax will be allocated as follows: four and seven-tenths (4.7) percent to the general
fund, three-tenths (0.3) percent to youth/teen programs, and one (1) percent to street
improvement programs.
2. Upon every person, firm, or corporation engaging in or carrying on a business of selling,
wheeling, furnishing, distributing, or producing gas, whether manufactured or natural, for
commercial or domestic use or purposes, a fee or tax equal to six (6) percent of the total gross
income from such business in the city during the tax year for which the license is required. This
six (6) percent tax will be allocated as follows: four and seven-tenths (4.7) percent to the general
fund, three-tenths (0.3) percent to youth/teen programs, and one (1) percent to street
improvement programs.
3. Upon every person, firm, or corporation engaged in or carrying on the business of selling,
wheeling, furnishing, or distributing electricity for light and power, a fee or tax equal to six (6)
percent of the total gross income from such business in the city during the tax year for which a
license is required. This six (6) percent tax will be allocated as follows: four and seven-tenths
(4.7) percent to the general fund, three-tenths (0.3) percent to youth/teen programs, and one (1)
percent to street improvement programs.
4. Upon every person, firm, or corporation engaged in or carrying on the business providing
cable television services, a tax equal to six (6) percent of the total gross income from that
business in the city during the tax year for which the license is required. All revenue received
from this tax must be applied only to funding the city’s information technology department
operations and capital projects budgets in the proportion determined by the city council in its
biennial budget, including all amendments.
59
5. Upon every person, firm, or corporation engaging in or carrying on a business providing solid
waste collection services, a tax equal to eighteen and four-tenths (18.4) percent of the total
gross income from such business in the city during the tax year for which the license is required.
This eighteen and four-tenths (18.4) percent tax will be allocated as follows: six and one-half
(6.5) percent to the general fund, three-tenths (0.3) percent to youth/teen programs, one (1)
percent to street improvement programs, and ten and six-tenths (10.6) percent to maintain and
repair residential streets, including related impacts to curb, gutters, sidewalks, and other road
amenities, but this ten and six-tenths (10.6) percent portion of the solid waste utility tax shall not
be used to expand, extend, or widen existing residential streets or to build new residential
streets.
6. Upon every person (including the city) engaging in or carrying on the business of selling,
furnishing, or distributing water, sewer, or drainage services, a tax equal to thirteen (13) percent
of the total gross income from such business in the city during the tax year. This thirteen (13)
percent tax will be allocated as follows: five and seven-tenths (5.7) percent to the general fund
for the use as allocated in the city’s budget; four (4) percent to the general fund only for the
installation, operation, maintenance, and repair of street lighting, subject to the limitations
provided in subsection (A)(6)(a) of this section; two (2) percent dedicated solely to the
repayment and elimination of debt in the city’s “other capital projects” fund subject to the
limitations provided in subsection (A)(6)(b) of this section; one (1) percent to street improvement
programs; and three-tenths (0.3) percent to youth/teen programs.
a. The four (4) percent allocation for street lighting is further contingent on the requirement
that the city allocate the funds freed up by this revenue to the city’s capital improvement
fund(s). After payment of all capital debt, unless otherwise allocated by council, the
remaining funds must be applied equally to (i) information technology capital programs
directed at funding long- and short-term hardware and software replacement and (ii) street
capital programs, but further restricted to funding street maintenance, repair, and signage
only. If the cost to install, operate, maintain, and repair street lighting is less than the four
(4) percent allocation for these purposes, the full four (4) percent amount must still be
allocated from the general fund to capital programs for the above-stated purposes.
b. The two (2) percent internal tax allocation will be dedicated to the city’s capital
improvements fund for the sole purpose of retiring all debt in the city’s other capital
60
projects fund. This two (2) percent portion of the tax shall be eliminated on January 1,
2023, or on the first day of the year following the date the debt in this fund is fully retired,
whichever occurs first.
B. In computing the tax provided in subsection (A) of this section, the taxpayer may deduct from total gross
income the following items:
1. The actual amount of credit losses and uncollectible receivables sustained by the taxpayer.
2. Amounts derived from transactions in interstate and foreign commerce which the city is
prohibited from taxing under the laws and Constitution of the United States.
(Ord. No. 2390, § 1; Ord. No. 2514, § 1; Ord. No. 3274, § 1, 1-2-96; Ord. No. 3314, § 1, 10-1-96; Ord. No.
3319, § 2, 10-15-96; Ord. No. 3321, § 1, 11-6-96; Ord. No. 3370, § 1, 11-18-97; Ord. No. 3456, § 1, 5-4-
99; Ord. No. 3489, § 1, 11-16-99; Ord. No. 3594, § 1, 2-19-02; Ord. No. 3645, § 1, 6-3-03; Ord. No. 4020,
§ 1, 12-13-11; Ord. No. 4061, § 1, 12-11-12; Ord. No. 4128, § 1, 11-4-14; Ord. No. 4134, § 1, 12-16-14.
Formerly Code 1986, § 3.04.040(2))
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62
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: August 4, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: September 19, 2016
From: Chad Bieren, P.E., Deputy Director City Engineer
Item 11: Information Only/Quiet Zone
Summary: Staff will provide an update on progress to date.
Exhibit: None
Budget Impact: None
Information Only/No Motion Required
63