HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 02/02/2004 Public Works Committee Agenda
Councilmembers: Les Thomas#Ron Harmon#Bruce White, Chair
KENT February 2, 2004
Wws Hiu orou
5:00 P.M.
Item Description Action Speaker Time Page
1. Approval of minutes dated December 1, 2003 Yes None 05 1
2, King County Waste Reduction and Recycling Yes Wickstrom 05 3
Program Grant—Authorize
3. Local Hazardous Waste Management Program
Amendment#1 —Authorize Yes Wickstrom 05 25
4. S.212th St Pavement Rehab Project Fund
Authorization Agreement—Authorize Yes Wickstrom 05 33
5. Upper Meridian Valley Creek Improvements
Project Utility Relocation Agreement—Authorize Yes Wickstrom 05 49
6. Pacific Highway S HOV Lanes project
Fund Authorization Agreement—Authorize Yes Wickstrom 05 75
7. LID 353 S 228t"Street Extension—Pass Ordinance
for Assessment Roll—Set Hearing Date Yes Wickstrom 05 83
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8. Amend City Code Section 7.02.160—Adopt Ordinance Yes Wickstrom 05- 91
Unless otherwise noted, the Public Works Cornmittee meets at 5:00 p.m. on the 1't and 3"Mondays of each month.
Cotmeil Chambers East,Kent City Hall, 220 4th Avenue South,Kent, 98032-5895.
For information please contact Public Works at(253) 856-5500.
Any person requiring a disability accommodation should contact the City Cleric's Office at
(253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
P.Tubli.4Admiuistretivc SuppottVanetTublic Works Committee MeetmgsTW Agenda'S\040203.doe I''
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
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Phone:253-856-5500
®U Fax: 253-856-6500
KE ` 9 T Address: 220 Fourth Avenue S.
WASHINGTON
Kent,WA.98032-5895
DATE: January 28, 2004
TO: Public Works Committee
FROM: Do Wic strom, Public Works Director
THROUGH: `"t
SUBJECT: King County Solid Waste Division
Waste Reduction and Recycling Program Grant
MOTION:
Recommend authorization for the Mayor to sign the Waste Reduction and Recycling Program
Grant in the amount of$84,241, direct staff to accept the grant and establish a budget for the
funds to be spent within said project.
SUMMARY:
We are in receipt of the King County Solid Waste Division Waste Reduction and Recycling j
Program grant in the amount of$84,241 for the year 2004. The funds will be used for two
special recycling and collection events.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND
The King County Solid Waste Reduction and Recycling Program Grant is used for two special
recycling and collection events, for the collection of scrap metal and appliances, concrete,tires,
wood waste and other materials;to fund activities and events associated with the business and
multi-family recycling programs; and to purchase and promote products made from recycled
plastic materials, such and Rain Pails and plastic lumber.
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Mayor White and Kent City Council Waste Reduction mud Recycling Program Grant
January 28,2004
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CONTRACT#D33520D
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INTERLOCAL AGREEMENT
Between
IUNG COUNTY and the CITY OF BENT
This Interlocal Agreement (hereinafter referred to as the Agreement) is executed between King County, a
political subdivision of the State of Washington, and the City of Kent, a municipal corporation of the
State of Washington,hereinafter referred to as "County" and "City respectively.
This Agreement has been authorized by the legislative body of each party as designated below:
King County Ordinance No. 2003-0462
City
PREAMBLE
King County and the City of Kent adopted the 2001 King County Comprehensive Solid Waste
Management Plan,which includes waste reduction and recycling goals. In order to help meet these
goals, the King County Solid Waste Division has established a waste reduction and recycling grant
program for the cities that operate under the King County Comprehensive Solid Waste Management
Plan. This program provides funding to further the development and/or enhancement of local waste
reduction and recycling projects and for broader resource conservation projects that integrate with waste
reduction and recycling programs and direction, This grant program does not fund household hazardous
waste collection activities. Program eligibility and grant administration terms are discussed in the Grant
Guidelines, attached to this agreement as Exhibit B. Grant finding for this program is subject to the
yearly budget approval process of the King County Council.
Grant funding approved by the King County Council is available to all King County cities that operate
under the King County Comprehensive Solid Waste Management Plan, The City will spend its grant
funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit
A and incorporated herein by reference. The County expects that any information and/or experience
gained through the grant program by the City will be generously shared with the County and other King
County cities.
I. PURPOSE
The purpose of this Agreement is to define the terms and conditions for funding to be provided to the
City of Kent by the County for waste reduction and recycling programs and/or services as outlined in the
scope of work and budget attached as Exhibit A.
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II. RESPONSIBILITIES OF THE PARTIES
The responsibilities of the parties to this Agreement shall be as follows:
A. The City
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1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide
waste reduction and recycling programs and/or services as outlined in Exhibit A. The total
amount of funds available from this grant,in 2004 shall not exceed $84,241, The City
understands that even though this agreement is two years in duration, funding for this program is
subject to the yearly budget approval process of the King County Council
2. During the two year grant program,the City will submit a minimum of two,but no more than
eight,progress reports to the County in a form approved by the County. Reports must be signed
by a city official. These reports will include: .
a) a description of each activity accomplished pertaining to the scope of work; and
b) reimbursement requests with either copies of invoices for each expenditure for which
reimbursement is requested or a financial statement,prepared by the city's finance
department, that includes vendor name, description of service, date of service, date
paid and check muaber.
If the City chooses to submit up to the maximum of eight(8)progress reports and requests for
reimbursement during the two year grant program,they shall be due to the County on the last day
of the month following the end of each quarter•April 30, July 30, October 31, January 31 -
except for the final progress report and request for reimbursement which shall be due by March .
31, 2006.
If the City chooses to submit the minimum of two progress reports and requests for
reimbursement during the two year grant program, they shall be due to the County on January 31,
2005 and March 31,2006.
Regardless of the number of progress reports the City chooses to submit, in order to secure
reimbursement,the City must provide in writing to the County by the 5`h working day of each
January, the dollar amount of outstanding expenditures for which the City has not yet submitted a
reimbursement request.
3. The City shall submit a final report to the County which summarizes the work completed under
the grant program and evaluates the effectiveness of the projects for which grant funds were
utilized, according to the evaluation methods specified in the scope of work. The final report is
due within six months of completion of the project(s) outlined in the scope of work,but no later
than June 30, 2006.
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4. If the City accepts funding through this grant program for the provision of Waste Reduction and
Recycling programs and projects for other incorporated areas of King County, the City shall
explain the relationship with the affected adjacent city or cities that allows for acceptance of this
funding and the specifies of the proposed programs and projects within the scope of work
document related thereto.
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5. The City shall be responsible for following all applicable Federal, State and local laws,
ordinances, rules and regulations in the performance of work described herein. The City assures
that its procedures are consistent with laws relating to public contract bidding procedures, and the
County neither incurs nor assumes any responsibility for the City's bid, award or contracting
process.
6. During the performance of this Agreement, neither the City nor any party subcontracting under
the authority of this Agreement shall discriminate on the basis of race, color,'sex,religion,
nationality, creed,marital status, sexual orientation, age, or presence of any sensory, mental, or
physical handicap in the employment or application for employment or in the administration or
delivery of or access to services or any other benefits under this Agreement as defined by King
County Code, Chapter 12.16.
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7. During the performance of this Agreement, neither the City nor any party subcontracting under
the authority of this Agreement shall engage in unfair employment practices as defined by King
County Code, Chapter 12.18. The City shall comply fully with all applicable federal,state and
local laws, ordinances, executive orders and regulations that prohibit such discrimination. These
laws include,but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights
Act of 1964.
8. The City shall use recycled paper for the.production of all printed and photocopied documents
related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for
copying and printing and shall use recycled/recyclable products wherever practical.
9. The City shall maintain accounts and records, including personnel, financial, and programmatic
records, and other such records as may be deemed necessary by the County,to ensure proper
accounting for all proj ect funds and compliance with this Agreement. All such records shall
sufficiently and properly reflect all direct and indirect costs of any nature expended and service
provided in the performance of this Agreement.
These records shall be maintained for a period of six (6)years after termination hereof unless
permission to destroy them is granted by the Office of the State Archivist in accordance with
RCW Chapter 40.14. These accounts shall be subject to inspection,review or.audit by the County
and/or by federal or state officials as so authorized by law.
10. The City shall maintain a record of the use of any equipment that costs more than$500 and is
purchased with grant funds from Kraig County for a total period of three (3) years. The records
shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King
County by March 31 of each year through the year 2008.
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printed materials provided b the County, which
11. The City agrees to credit Kind County on all r r Y tY
the City is duplicating, for distribution. Either King County's name and logo must appear on
King County materials (including fact sheets, case studies, etc.), or, at a minimum,the City will
credit King County for artwork or text provided by the County as follows: "artwork provided
courtesy of King County Solid Waste Division" and/or"text provided courtesy, of King County
Solid Waste Division.".
12. The City agrees to submit to the,County copies of all written materials which it produces and/or
duplicates for local waste reduction and recycling projects which have been funded through the
waste reduction and recycling grant program. Upon request,the City agrees to provide the
County with a reproducible copy of any such written materials and authorizes the County to
duplicate and distribute any written materials so produced, provided that the County credits the
City for the piece.
13. If the City accepts fimding through this grant program for the provision of special recycling
collection events for adjacent areas of unincorporated King Comity,the City shall send
announcements of the events to all residences listed in the carrier routes provided by King
County. The announcements and all other printed materials related to these events shall
acknowledge King County as the funding source.
14.,The City understands that funding for special recycling collection events for adjacent areas of
unincorporated King County will be allocated on a yearly basis subject to the King County
Council's yearly budget approval process and that provision of funds for these events is not
guaranteed for the second year of the grant program.
15. This project shall be administered by Robyn Bartelt, Conservation Specialist; City of Kent; 220
4th Ave. South;Kent,WA 98052-5895; 253-938-8262; rbartelt(aci.kent.wa.us, or designee.
B. The County:
1. The County shall administer finding for the waste reduction and recycling grant program.
Funding is designated by city and is subject to the King County Council's yearly budget approval
process. Provided that the funds are allocated through the King County Council's yearly budget
approval process, grant funding to the City will include a base allocation of$5,000 per year with
the balance of funds to be allocated according to the city's percentage of King County's residential
and employment population. However,if this population based allocation formula calculation
would result in a city receiving less than$10,000 per year,that city shall receive an additional
allocation that would raise their total grant funding to $10,000 per year. The City of Kent`s
budgeted grant funds for 2004 are$84,241.
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2. Within forty-five (45) days of receiving a request for reimbursement from the City,the County
shall either notify the City of any exceptions to the request which have been identified or shall
process the request for payment. If any exceptions to the request are made, this shall be done by
written notification to the City providing the reason for such exception. The County will not
authorize payment for activities and/or expenditures which are not included in the scope of work
and budget attached as Exhibit A,unless the scope has been amended according to Section V of
this Agreement. King County retains the right to withhold all or partial payment if the City's
reports) and reimbursement request(s) are incomplete(i.e., do not include proper documentation
of expenditures and/or adequate description of each activity described in the scope of work for
which reimbursement is being requested), and/or are not consistent with the scope of work and
budget attached as Exhibit A.
3. The County agrees to credit the City on all printed materials provided by the City to the County,
which the County duplicates, for distribution. Either the City's name and logo will appear on
such materials (including fact sheets, case studies, etc.), or, at a minimum,the County will credit
the City for artwork or text provided by the City as follows: "artwork provided courtesy of the
City of Kent" and/or"text provided courtesy of the City of Kent."
4. The County retains the right to share the written material(s)produced by the City which have
been funded through this program with other King County cities for them to duplicate and
distribute. In so doing,the County will encourage other cities to credit the City on any pieces that
were produced by the City.
5. The waste reduction and recycling grant program shall be administered by Morgan John, a Project
Manager, or designee, to be specified by the King County Solid Waste Division.
III. DURATION OF AGREEMENT
This Agreement shall become effective on either January 1, 2004 or the date of execution of the
Agreement by both the County and the City, if executed after January 1, 2004 and shall terminate on
December 31, 2005. However, if execution by either party does not occur until after January 1,2004,
this Agreement allows for disbursement of grant funds to the City for County-approved programs
initiated between January 1,2004 and the later execution of the Agreement provided that the City
complies with the reporting requirements of Section II.. A of the Agreement.
IV. TERMINATION
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A. This Agreement may be terminated by King County, in whole or in part, for convenience without
cause prior to the termination date specified in Section III,upon thirty(30) days advance written
notice
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B. This Agreement may be terminated by either party, in whole or in part, for cause prior to the
termination date specified in Section III,upon thirty(30) days advance written notice. Reasons for
termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or
failure to provide grant related reports/invoices/statements as specified in Section ILA.2. and Section
II.A.3
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C. 'If the Agreement is terminated as provided in this section: (1)the County will be liable only for
payment in accordance with the terms of this Agreement for services rendered prior to the effective
date of termination; and(2) the City shall be released from any obligation to provide further services
pursuant to this Agreement.
D. Nothing herein shall limit,waive, or extinguish any right or remedy provided by this Agreement or
law that either party may have in the event that the obligations, terms and conditions set forth in this
Agreement are breached by the other party.
V. AMENDMENTS
This Agreement maybe amended only by written agreement of both parties. Amendments to scopes of
work will only be approved if the proposed amendment is consistent with the most recently adopted
King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the
scope of work, attached as Exhibit A, only upon written or verbal request by the City and written or
verbal approval by King County. Such requests will only be approved if the proposed change(s) is (are)
consistent with and/or achieves the goals stated in the scope and falls within the activities described in
the scope
VL HOLD HARMLESS AND INDEMNIFICATION
The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from
and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or
its subcontractors pursuant to this Agreement. The City.shall defend at its own expense any and all
claims, demands, suits,penalties, losses, damages, or costs of any kind whatsoever(hereinafter "claims")
brought against the County arising out of or incident to the City's execution of,performance of or failure
to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer
of any software, book, document, report, film, tape, or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright,patent,trademark,trade name, and/or
otherwise results in unfair trade practice.
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VII. INSURANCE
A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for
the duration of the Agreement,insurance against claims.for injuries to persons or damages to
property which may arise from or in connection with performance of work pursuant to this
Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum
limits of this insurance shall be$1,000,000 general liability insurance combined single limit per
occurrence for bodily injury, personal injury, and property damage. Any deductible or self-insured
retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its
officers, officials, employees, and agents as additional insureds against liability arising out of
activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of
Insurance is attached to this Agreement as Exhibit C,unless Section VII.B. applies.
B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured
for any of the above insurance requirements, a written acknowledgement of self-insurance is attached
to this Agreement as Exhibit C.
VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of the County and City hereto, and any oral
or written representations or tmderstandings not incorporated herein are excluded. Waiver of any default
shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this
Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of this Agreement unless stated to be such through written
approval by the County, which shall be attached to the original Agreement.
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IX. TIME IS OF THE ESSENCE
The County and City recognize that time is of the essence in the performance of this Agreement.
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X. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be
unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions.
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XI. NOTICE
Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if
sent to the King County Solid Waste Division and the City at the addresses provided below:
Morgan John,Project Manager, or a provided designee,
King County Solid Waste Division
Department of Natural Resources and Parks
201 South Jackson Street, Suite 701
Seattle, WA 98104-3855
If to the City: .
Robyn Bartelt
Conservation Specialist
City of Kent
220 4th Ave. South
Kent,WA 98052-5895
IN WETNESS WHEREOF this Agreement has been executed by each party on the date set forth below:
CitV King County
Accepted for King County Executive
BY
(Title) Director of Natural Resources and Parks
Date Date
Pursuant to Pursuant to Ordinance No. 2003-0462
Approved as to form: Approved as to form:
City Attorney King County Prosecuting Attorney
Date Date
Grant Info\2004-2005 Grmt\ILAs@004-2005 Master ILA
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Exhibit A
King County Waste Reduction and Recycling Grant Program
City of Kent
2004/05 Scope of Work'
A. Basic Information
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1. City of Kent
2. Grant project manager: Robyn Bartelt
Conservation Specialist
City of Kent
220 4th Ave. South
Kent,WA 98052-5895
TEL - (253)856-5549
FAX- (253) 856-6500
Email - rbartelt@ci.kent.wa.us
3. Consultant name: Paul Devine
Olympic Environmental Resources
4715 SW Walker Street
Seattle, WA 98116
TEL -(206) 938-8262
FAX- (206) 938-9873
Email—PaulDevine@MSN.com
4. Budget: 2004
$84,241
2005
$84,241
2004/2005 total: $168,482
B. Scope of Work
Task One: Special Collection Events
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A. Schedule - Spring and Fall, 2004/05
B. Task Activities
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• Number of Special Collection Event—Four
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• Appliances
• Refrigerators and Freezers
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• Ferrous Metals
Non-ferrous Metals
• Concrete, Asphalt,Rock, and Brick*
• Tires
• Lead Acid Batteries
• Household Batteries
• Porcelain Toilets and Sinks+
• Propane Tanks+
• Cardboard
•Reusable Household Goods
• Textiles
• Used Motor Oil
• Used Motor Oil Filters
• Used Antifreeze
• Used Petroleum Based Products
• Paper Shredding**
• Electronic Equipment
• Computer Equipment+
• TV Sets+
• Bulky Yard Debris*
• Scrap Wood*
*Collected in the spring
** Collected in the fall
+User fees apply
Other materials when possible.
• The following educational materials will be distributed:
Information on City Recycling Programs.
• Educational Materials produced by King County Department of Natural
Resources and Local Hazardous Waste Management Plan.
• Other educational materials as appropriate.
Event promotional methods
• This event will be coordinated with King County and flyers will be sent to King
County Solid Waste Division, and Kent households.
• By distributing a promotional flyer through direct mailings.
• By notices in City newsletters (whenever possible):
• By posting a notice at City Hall and on the City cable channel and City web site
(if available).
• By publicizing the event through the King County Solid Waste Division.
Promotional Activities.
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C) Task evaluation. Event reports will include:
• Number of vehicles attending
• Volume of each material collected
Event cost by budget category
Event comments
• Graphic or tabular comparison of 2004/05 volumes and vehicles with prior
year's events
D) Task Budget: $54,400.00
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Budget Catagory 2004105 2004 2004 20B TOTAL
WRR LHWMP WRR WRR
City Staff Costs $2,000.00 $1,500.00 $1,000.00 $1,000.00 $3,500.00
Contractor/Staffing Costs $12,000.00 $6,350.00 $6,000.00 $6,000.00 $18,350.00
Event Staff Costs $4,000.00 $0.00 $2,000.00 $2,000.00 $4,000.00
Collection/Hauling Costs
Wood Waste $1,800.00 $0.00 $900.00 $900.00 $1,800.00 !.
Scrap Metal,Appliances,etc $8,400.00 $0.00 $4,200.00 $4,200.00 $8,400.00
Concrete $2,000.00 $0.00 $1,000.00 $11000.00 $2,000.00
Paper Shredding $0.00 $0.00 $0.00 $0.00 $0.00
Tires $4,000.00 $0.00 $2,000.00 $2,000.00 $4,000.00
UsedOil/Antifreezelete. $0.00 $2,800.00 $0.00 $0.00 $2,800.00
Batteries $0.00 $500.00 $0.00 $0.00 $500.00
Printing/Mailing $18,000.00 $8,000.00 $9,000.00 $9,000.00 $26,000.00
Event Supplies $600.00 $300.00 $300.00 $300.00 $900.00
Other Expenses-rentals,etc $1,600.00 $603.32 $800.00 $800.00 $2,203.32
Promotional Items $0.00 $0.00 $0.00 $0.00 - $0.00
TOTALS - $54,4D0.00 $20,053.32 $27,200.00 $27,200.00 $74,453.32
NOTE:Hourly rates for consultants are as follows:Project Manager-$70.00,Event Staff-$55.00,and
Administrative Staff-$40.00.
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E) Task Performance Objectives:
The.City plans to send out approximately 41,000 promotional flyers to Kent households per
event and publicize the events through King County promotional activities, including
County websites and telephone assistance. The City anticipates collecting 175-200 tons of
material from the local waste stream per year.
The benefits expected by the collection of these materials will be to divert them from the
waste stream and process them for recycling. The event will also provide an opportunity to
recycle moderate risk waste. The King County Health Department and Washington State
Department of Ecology may pay for event expenses as well.
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F) Task Impact Objectives:
By hosting Special Collection Events, Kent can reduce the amount of recyclable material
finding their way to the local landfill. The City of Kent has a population of roughly 85,000.
The City expects, based on past events, that 2,000-2,200 households will actively
participate each year by bringing recyclable materials to the event for proper disposal and
recycling. This will result in 175-200 tons of material diverted from the local waste stream
for recycling per year.
In addition to diverting materials from the City waste stream, attracting residents to events
provides an opportunity to distribute educational material on City and King County
recycling programs. The educational materials can enhance the knowledge of residents and
improve behavior in purchase,handling, and disposal of recyclable materials.
Task Two: Business Recycling Program
A)Task Schedule: 2004/O5
B)Task Activities:
Through continued recycling assistance to businesses, the City will promote
participation in waste reduction, recycling, and recycled product procurement programs
and increase the knowledge of recycling alternatives in the commercial sector.
Program Activities:
1) Kent Business Information
Prepare, print, and coordinate distribution of a Kent Recycling Report Newsletter to all
Kent businesses. The newsletter will be sent to.Kent businesses two times a year.
2) Kent Business Collection Events
• Number of Business Recycling Events Two
• Task Description - The City will implement two Business Recycling Events. The
events will be held on a summer weekday at a central location in Kent.
• Materials to be collected:
• Clean Scrap Wood/Pallets
• Electronic Equipment
• Computer monitors+
• Fluorescent Lights
• Office Recyclables/Cardboard
• Toner Cartridges
• Cellular phones
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Plastics
. Other materials if feasible
+User fees apply
The following educational materials will be,distributed:
• Information on City Recycling Programs.
• Educational Materials produced by King County Department of Natural
Resources and Local Hazardous.Waste Management Plan.
Other educational materials as appropriate.
Event promotional methods;
• By distributing a promotional flyer through direct mailings.
• By notices in City/community newsletters/and local newspapers (whenever
possible)..
• By posting a notice at City Hall and on the City cable,channel (if available).
• By publicizing the event through the King County Solid Waste Division
Promotional Activities.
Task evaluation. Event reports will include:
• Number of vehicles attending
• Volume of each material collected
Event cost by budget category
• Event cormnents
• Graphic or tabular comparison of 2004/05 volumes and vehicles with prior
year's events
3) Kent Business Assistance
To provide business recycling assistance to City businesses, the City will customize
the King County Tool Kit with City information and send a City Tool Kit to all new
Kent businesses each year with intro letter and offer of on-site visit. In the Tool Kit,
the City hopes to work with the City recycler to include a coupon for free desk-side
recycling containers from the hauler. In addition, the City will provide assistance to
City businesses on an on-call basis.
4)Kent Business Recognition
To provide Kent businesses with motivation to recycle, the City will implement a
Kent Business Recycler of the Year Award. The City will work with the Kent
Chamber of Commerce and past program information to seek out businesses that
have put in place outstanding recycling programs and award:up to three City
businesses with awards. The purpose of the award/recognition program will be to
acknowledge City businesses with strong commitments to recycling and use their
programs as examples for other Kent businesses to follow.
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C) Task Budget: $75,600,00
Business Budget Category 2004 2005 P2004105Cost CostlPromotional Insertsiflyers
Production and Graphics $2,500.00 $2,500.00 .00Printing costs $1,200.00 $1,200.06 .00SortinglMailing costs $1,300.00 $1,300.00 .00
Business Collection Event
Consultant staff $5,600.00 $5,500.00 $11,000.00
ProlectVendors $2,800.00 $2,800.00 $5,600.00.
Event Promotion $1,200.00 $1,20Q.00 $2,400.00
Other Costs $150A0 $150.00 $300.00
Business Assistance
To include:
Educational material distribution $9,900.00 $.9,900,00 $19,800.00
Telephone assistance $1,100.00 $1,100.00 $2200.00
Business consultations reports $3,800.00 $3,800.00 $7,600.00
Follow-up calls to businesses $4,600.00 $4,500.00 $9,000.00
Program Promotion $250.00 $260.00 $500.00
Business Recognition
Program PlanninglImplemention $1,500.00 $1,500.00 $3,000.00
Program Promotion $1,20070 $1,200.00 $2,400.00
Other Costs $400.00 $400.00 $800.00
Business Web Site
Web Site Assistance $500.00 $500.00 1,000.00
TOTALS $37,800.00 $37,800.00 $76,600.00
The business program will be funded with use of King County WRR grant funds.Hourly
rates for consultants are as follows:Project Manager- $70.00, Event Staff-$55.00, and
Administrative Staff-$40.00.
D)Task Performance Objectives:
1) The Kent Recycling Report Newsletters will be sent to all Kent businesses two times a
year. With regular information on recycling, City businesses will be able to take advantage
of mew recycling services and divert more materials from the Kent waste stream.
2) The City plans to send out approximately 3,100 promotional flyers to.Kent businesses
per event and publicize the event through King County promotional activities, including
County websites and telephone assistance. The City anticipates collecting 50-75 tons of
material from the Kent businesses waste stream over a two-year period. The benefits
expected by the collection of these materials will be to divert them from the waste stream
and process them for recycling.
6
3 Kent Business Assistance will . provide new and existing City businesses with
information and technical assistance on recycling and waste prevention. Consultant staff
will include the information as requested in the King County business database. Summary
program evaluation will 'include: the number of contacts made to businesses and their
response rates to the offer of recycling technical assistance; the number of businesses
receiving information; and the number of businesses begirming or expanding recycling
activities.
4) Kent Business Recognition Program will provide Kent businesses with motivation to
recycle by recognizing a Kent business(s) that have put in place outstanding recycling
programs. The purpose of the awards program will be to acknowledge City businesses with
strong commitments to recycling and use their programs as examples for other Kent
businesses to follow.
E) Task Impact Objectives:
By providing information, web site assistance, technical assistance, and hosting Business
Collection Events,Kent can reduce the amount of recyclable material finding their way to
the local landfill. The City of Kent has an employee population of roughly 60,000. The City
expects that 125-175 businesses will actively participate in the.Business Collection Event
each year by bringing recyclable materials to the event for proper disposal and"recycling.
This will result in 50-75 tons of material from the Kent businesses waste stream over a two-
year period.
In addition to diverting materials from the City waste stream;providing information to Kent
business at events provides an opportunity to distribute educational material on City and
King County recycling programs. The technical assistance, web site assistance,recognition,
educational materials can enhance the knowledge of business and improve behavior in the
purchase, handling, set-up, and disposal of recyclable materials.
Task Three: Kent Multifamily Recycling Program
A) Task Schedule: 2004/O5
B) Task Activities:
i
The task will include promoting waste reduction, participation in Kent multifamily
residential collection programs for recyclables, distributing multifamily signs and bags, and
promoting the purchase of recycled products by working with multifamily residents and
property owners/managers. The City will:
Distribute multifamily educational brochures through direct mailings, special
City events, and door-to-door delivery.
o Distribute multifamily signs for use at multifamily complexes for proper
recycling of materials,
• Providing on-site waste consultations and follow-up assistance.
7
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Distribute multifamily educational brochures in Spanish andRussian through
direct mailings, special City events, and door-to-door delivery.
C) Task Budget: $11,500.00
Multifamily Budget Category 200 Cost 2 Costj 2004MTotai I
Provide Assistance and Follow-up _ $5,000.00 5,000.00 $10,000.00
Web Site Assistance 500.00 500.00 1,000.00 ',....
suppiiesimiscellaneous. T213.66 250.00 T505.55
TOTAL 5,750.00 5,750.00 11,500.00
The business prograrn will be fiuided with use of King County WRR grant funds,
Hourly rates for consultants,are as follovis:Project Manager-$70.00,&611t Staff
$55.00,and'Administrative Staff-$40.00.
D) Task Performance Objectives:
The goal of this program is to achieve greater resource efficiency in the City of Kent by
collection of more recyclable material in the City'.s multifarily sector. The City will
continue to promote recycling in the Kent multifamily community by distributing
educational brochures, signs, and recycling totes to multifamily managers and tenants. As
City residents better manage their waste and recycle more, less recyclable material will end
up in local landfills. This program will help the City of Kent reach its recycling goals.
Kent multifamily web site enhancements.and service will provide Kent multifamily owners
and managers with tools to recycle by making the information easy to access and
convenient to use. The program will also help reduce paper, as more recycling information
will be in an electronic format.
E) Task Impact Objectives:
With program promotion and technical assistance and web site assistance;Dent multifamily
residents will have better knowledge of recycling. Recycling service to Kent multifamily
properties is provided with garbage service and assistance will be provided on how to better
use the service. By recycling more, City multifamily properties can reduce the amount of
material ending up in the local landfill.
Task Four: Purchase Products Made From Recycled Materials
A)Task Schedule: 2004/05
B) Task Activities:
In order to support the recycling industry and close the recycling loop, the City would like
to purchase products made from recycled materials. Doing so will support recycling
collection.programs and help ensure the success of the recycling industry. The City will
support recycling programs by purchasing recycle content rain barrels for distribution and
recycled lumber/benches for City parks and open space areas. The rain barrels weight
approximately 40-50 pounds each and divert roughly twice that amount of plastic material
8
from the waste stream when produced. The recycle content lumber/benches weigh
approximately 600-800 pounds and will divert roughly twice that amount of plastic material
from the waste stream when produced. The City will work to install the recycled content
lumber/benches in highly visible areas with.a notice that the benches are made from
recycled content. The City will promote these locations in our newsletters and parks
brochure as most of these will be installed in heavy recreational use areas. The City will sell
the rain barrels at City Special Collection Events in 2004 and 2005. It is expected that the
City will purchase and distribute, 125 recycled content rainsavers over the two-year period.
C) Task Budget: $23,002.00
Recycled Product Purchase 2004 Cost 2005 Cost 2004/05 Total '...
Distribute Rain Barrels - $9,375.00 $9,375.00 $18,750.00 ',.....
Purchase and Install Plastic Lumber $4,319.50 $4,313.50 $8,027,00
Income- 125 bins c@$35 each -$2,187.50 ' -$2,187.50 -$4,375.00
TOTAL $11,501.00 $11,501.00 $23,002.00
D) Task Performance and Impact Objectives:
The goal of this program is to help ensure the success of the recycling industry by adding to
the demand for products made from recycled materials. By purchasing products made from
recycled content, the City will divert recyclable material from the waste stream. The City
will distribute the rain barrels to City residents and install the recycle content
lumberlbenches in highly visible areas and that will help promote recycled products. The
City will promote these locations in our newsletters and parks brochure as most of these
Will be installed in heavy recreational use areas. The additional benefits of the rain barrels
are that they will help reduce household water consumption and reuse natural rainwater. It
is expected that after installation the rain pails will continue to conserve water resources for
many years.
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III
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Task Five: Grant Administration
The City will work with OER to administrate this Scope of Work. OER will
• Track project expenses;
• Provide ongoing grant administration through the completion of the tasks, as
outlined in this Scone of Work;
• Prepare reports for the grant program; and
• Prepare final report.
Task Budget: $3,980.00
King County WRR Grant 2004 2005 2004105 Total
1.Program Management $1,240.00 $1,240.60 $2,480.00-
2.Project Expenses
a. Mileage - $150.00 - $150.00 $300.00
b. Supplies . $600A0 $600.00 $1,200A0
TOTAL $1,990.00 $1,990.00 $3,980.00
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EHI3mrrB
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Grant Guidelines
`rogram Eligibility:
Grant funds may be used for any of the programs previously funded by the City Optional and Waste Reduction Recycling
Programs,including residential and commercial waste reduction and recycling education programs,business assistance
programs, and special recycling events. Cities may also use their funds on broader resource conservation programs,as
long as they are part of an overall waste reduction/recycling program. Cities may choose to use their funding on one
program or a combination of programs. For WR/R program ideas,please refer to the Program Eligibility section below
and the.City Waste Reduction and Recycling web page at
hLtp�//dnrmetrolcc ¢ov/swd/resreckrecyclin> citywrr activities.htm.
Please note these lists are not exhaustive,but merely intended to provide some guidance on what is/isn't eligible.
Cities should also refer to the 2001 Comprehensive Solid Waste Management Plan for direction in program
development. If you are unsure if your proposed program is eligible for funding,please call Morgan John(296-
8443) or Diane Yates(296-4406).
II
Eligible for funding:
• School WRR education/implementation programs
• Compost bin sales/giveaways
.
• Cooperative grasscycling programs
• Grants.for turning yard waste and tree trimmings into mulch
• Promotion and education of new solid waste and recycling services
• Business recognition programs
Special Recycling Collection Events,including collection of tires
• Business,WRR,residential education/communications
• Product stewardship initiatives-could be education programs or working with other
agencies/organizations/busindsses to implement programs
• City recycling programs and facilities
Eligible for funding on a case by case basis, as long as program is part of an overall WRR Program. However,the
County would not provide reimbursement if,for example, all of a city's grant dollars were used to sell/give away
rain barrels or distribute compact fluorescent light bulbs.
• Water Conservation-i.e.Rain Barrels
• Energy Conservation
• Water Quality: integrated pest management; catch basin filters
• Demonstration gardens; interpretive signage;recycled-content park furnishings
EXHIBIT B
The following are not eligible for funding:
Collection of Garbage,except for residual garbage related to the collection of recyclables.
Collection of any household hazardous waste.items including,but not limited to:
(Cities should pursue funding through LHVF'MP or CPG)
• Treated wood
• Paint
• Lead acid batteries
• Oil,gasoline, and antifreeze
• Florescent lights
• Household Hazardous Waste education programs
Grant Administration:
Requests for Reilnbursen:ent:
Cities may submit as few as two requests for reimbursement during the funding cycle,with the first request due by
January 31,2005 and the fmal request due no later than March 15,2006. However, cities may submit requests for
reimbursement as frequently as quarterly. Quarterly requests should be submitted on April 30,July 31, Oct. 31 and Jan 31
of each year,except for file final request for reimbursement,which is due no later than March 15,2006. The Budget
Summary Report Form(Attachment 4) should be used when submitting requests for reimbursement.
By December 31"of each year of the grant cycle,cities must notify SWD of their total expenditures for work that
has been completed to-date,but for which requests for reimbursement have not yet been submitted.
Progress and Final Reports.
Progress reports describing program activities,accomplislmrents and evaluation results need to accompany each request
for reimbursement. A final report describing the outcome of grant-funded activities is due with the final request for
reimbursement. If,however,the city does not have the results of its program evaluation by the end of the grant cycle,the
final narrative report may be submitted no later than six months after the end of the grant cycle on June 30,.2006. (Note:
The final request for reimbursement would still need to be submitted by March 15,2006)All Progress and Final Reports
need to be signed by a city official Signed reports maybe submitted via facsimile..
Amendments:
Formal amendments to grant ILAs are not necessary unless the city wishes to make significant changes to its scope of
work and/or budget. In general, a significant change would be one in which the city wishes to add or delete a task from
their scope of work. A minor change, such as moving dollars between tasks,would only require written notification,
which may be submitted via e-mail. However,the city should contact the Division when considering changes to their
scopes and budgets to determine if a formal amendment is needed.
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500
® Fax: 253-856-6500
KETI T Address: 220 Fourth Avenue S.
WASHINGTON
Kent,WA. 98032-5895
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DATE: January 26, 2004
TO: Public Works Committee j
FROM: Don kstrom, Public Works Director
THROUGH: L
SUBJECT: Local Hazardous Waste Management Program (Amendment 41)
MOTION:
Recommend authorization for the Mayor to sign the Local Hazardous Waste Management
Program Amendment#1 in the amount of$39,075.35, direct staff to accept the grant and
establish a budget for the funds to be spent within said project.
SUMMARY:
We are in receipt of a Seattle-King County Department of Health, Local Hazardous Waste
Management Program grant amendment in the amount of$39,075,35. The Local Hazardous
Waste Management Program Contract(#D32778D) with Seattle &King County Public Health
is being amended changing the contract amount, contract period and scope of services.
At this time we are requesting authorization for the Mayor to sign the grant agreement.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND
The Local Hazardous Waste Management Program is used to fund two City of Kent Household
Hazardous Waste Collection and Recycling Events in March and October 2004. The events will
be for the collection and recycling of used motor oil, oil filters, petroleum based products,
antifreeze,batteries and other such materials.
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Mayor White and Kent City Council Local Hazardous Waste Management Program(Amendment 1)
January 26,2004
1
CONTRACT AMENDMENT Page 1 of 5 Pages
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PROJECT NAME Local Hazardous Waste CONTRACT NO. D32779D
Management Program DATE ENTERED 1/1/03
CONTRACTOR City of Kent
AMENDMENT NO. 1
ADDRESS 220 4th Avenue South
Kent, WA 98032-5895 DATE ENTERED 1/1/04
AMENDMENT REQUESTED BY AMENDMENT AFFECTS
SKCDPH ® Scope of Services
Organization ® Time of Performance
P. Shallow ® Compensation
Name ® Terms and Conditions
1. AMEND Contract Amount TO READ $39,075.35
2. AMEND Contract Period TO READ From January 1, 2003 TO December 31, 2004
3. AMEND "funding block" TO READ
FUNDING SOURCE I FUNDING LEVEL EFFECTIVE DATES
Local Hazardous Waste Fund $39,075.35 1/1/03 — 12/31/04
4. AMEND Section II. DURATION OF CONTRACT
...and shall terminate on the 31"day of December 2003...
TO READ ...and shall terminate on the 31"day of December 2004...
5. Exhibits I and II shall each be amended by adding the attached Exhibits 1-1 and II-1.
6. Exhibit A shall be added to the contract as attached hereto.
All other terms and conditions of the original contract shall remain unchanged.
IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted
on the date first written.
KING COUNTY, WASHINGTON CONTRACTOR
FOR
King County Executive Signature
Date Name (please type or print)
Date
Contract#D32779D
Amendment 1
EXHIBIT I-I—Scope of Work& Responsibilities
CITY OF KENT
MEMORANDUM OF UNDERSTANDING ON THE LOCAL IIAZARDOUS
WASTE MANAGEMENT PROGRAM FOR 2004 ACTIVITIES
The Local Hazardous Waste Management Plan(hereafter referred to as the"Plan")as updated in 1997,was
auopted by the partner agencies(King County Solid Waste Division, Seattle Public Utilities, King County
Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities
located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220
subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous
Waste Management Program(hereafter referred to as the"Program").
The purpose of this Exhibit is to define the terms and conditions associated with the Program's funding of City
activities performed under the auspices of the Plan and as approved by the Program's Management
Coordination Committee(hereinafter referred to as the"MCC"). This Agreement further defines the
responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of
Program monies.
Scope of Work
The City of Kent will organize two citywide Household Hazardous Waste Collection and Recycling Events. At
these events the following materials will be collected and recycled: motor oil,motor oil filters,petroleum-based
products, antifreeze, batteries,computer monitors, TVs, CFCs and other materials if determined to be cost
effective.
Responsibilities of the Parties
The responsibilities of the parties to this Contract shall be as follows:
A. The City
1. The City shall develop and submit project proposals and budget requests to the Program's Contract
Administrator. Funds provided to the City by the Local Hazardous Waste Management Program
pursuant to this Contract shall be used to implement hazardous waste programs and/or services as
approved by the MCC.
2. For reimbursement the City shall submit the following to the Contract Administrator:
a) An invoice(see Exhibit II). Invoices should be sent to the Contract Administrator for
approval and payment.
b) A brief description of activity accomplished and funds expended in accordance with the
scope of work.
c) Copies of invoices for expenditures or a financial statement prepared by the City's finance
department. The financial statements should include vendor names, a description of
services provided,date paid and a check or warrant number.
3. The City shall notify the Contract Administrator no later than December 15"' regarding the amount of
outstanding expenditures for which the City has not yet submitted a reimbursement request.
4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting
requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to
Contract D32779D
Amendment 1
the Contract Administrator the quantity,by type, of moderate risk waste collected using Program funds.
The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste
Manifest or similar form,associated with the transport of moderate risk waste collected through Program-
funded events.
5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities
associated with the City's events or in any other way associated with activities conducted within the scope
of this Contract. In the event of a spill or other emergency,the City is responsible for complying with all
applicable laws and regulations.
6. The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—
with Program funds. The intent of this provision is to further strengthen this regional partnership in the
public's mind.
7. The City agrees to provide the Program with copies of all media material produced for local hazardous
waste management events or activities that have been funded by the Program. The City also agrees to allow
the Program to reproduce media materials created with Program money provided that the Program credits
the City as the originator of that material.
o. This project shall be administered by Robyn Bartell at the City of Kent, 220 4th Ave. S,Kent, at(253) 856- �
5549, (rbartelt@ci.kent.wa.us) or her designee.
9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the
Contract Administrator should be referred to the LHWMP Program Administrator for resolution.
B. Seattle-King County Department of Public Health
1. Seattle-King County Department of Public Health shall administer, via the attached Contract,the
transfer of Program funds to the City for hazardous waste management events and activities.
2. Within forty-five(45) days of receiving a request for reimbursement from the City,the Contract
Administrator shall either notify the City of any exceptions to the request which have been identified or
shall process the request for payment. If any exceptions to the request are made,this shall be done by
written notification to the City providing the reason for such exception. The Contract Administrator
will not authorize payment for activities and/or expenditures that are not included in the scope of work,
unless the scope has been amended. The Contract Administrator retains the right to withhold all or
partial payment if the City's invoices are incomplete(e.g.they do not include proper documentation of
expenditures for which reimbursement is being requested)or are not consistent with the submitted
scope of work.
C. Program Contacts
Ken Armstrong Paul Shallow
LHWMP Program Administrator LHWMP Contract Administrator
150 Nickerson Street, Suite 100 999 Third Avenue, Suite 700
Seattle, WA 98109 Seattle, WA 98104 j
206-352-8163 206-296-4751
ken.armstrong@metroke.gov paul.shallow@metrokc.gov
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Contract#D32779D
Amendment 1
EXHIBIT 11-1
Budget/Invoice
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
From: The City of Kent
220 4te Ave. S
Kent, `✓✓A 98032-5895
To: Paul Shallow,LHWMP Contract Administrator
Seattle-King County Department of Public Health
999 3`d Avenue, Suite 700
Seattle, WA 98104
Contract#D32779D
Period of time: 2004 to 2004.
In performance of a signed Contract between King County and the City of Kent,I hereby certify that the
following expenses were incurred during the above-mentioned period of time.
Signature Date
Component Description Budget Current Expenses Previous Charges Balance
HHW Education
HHW Collection $20,053.32
Other(describe)
TOTAL $20,053.32
FOR HEALTH DEPAR'PMENT USE ONLY
Local Hazardous Waste Management Program Approval:
Paul Shallow Date
Contract#D32779D
EXHIBIT A
Mission, Method, and Expectations
Public Health and Local Hazardous Waste Management Program Activities Provided by
Suburban Cities
A. Mission
• The overall mission of Public Health—Seattle& King County is to provide public health
services that promote health and prevent disease to King Comity residents, in order to
achieve and sustain healthy people and healthy communities.
• The Local Hazardous Waste Management Program (LHWMP) is a multi-agency program
consisting of Public Health—Seattle & King County, King County Department of Natural
Resources and Parks (King County Solid Waste Division and Water and Land Resources
Division), Seattle Public Utilities and the Suburban Cities. The LHWMP mission is to protect
and enhance public health and environmental quality in King County by helping citizens,
businesses and government reduce the threat posed by the use, storage and disposal of
hazardous materials.
B. Method
• One of the key methods that Public Health—Seattle & King County uses to support its
mission and extend the reach of public health program activities is to engage in contractual
partnerships with suburban cities. This partnering activity increases access to needed and
mandated health services, and enables suburban cities and the people they serve to benefit
from service models that are based on sound public health principles and practices. Suburban
cities, with the support of funds provided through this contractual relationship, extend Public
Health's activities to promote population health, according to goals and outcomes determined
under state and national performance standards.
C. Expectations
City staff will perform the services funded through this contract in accordance with the goals,
performance measures, and accountability methods outlined in the Local Hazardous Waste
Management Program-specific exhibits that accompany this contract.
• Local Hazardous Waste Management Program staff from Public Health and/or other partner
agencies are available to provide professional and technical assistance to City staff in order
to support the development and maintenance of strong and effective Program services.
■ Local Hazardous Waste Management Program and City staff will collaborate in developing
and performing Program evaluation activities that will measure the effectiveness of Program
efforts, including efforts to measure the impact of Program activities.
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500
®U Fax: 253-856-6500
KE• -T Address: 220 Fourth Avenue S.
WASHINGTON
Kent,WA.98032-5895
DATE: January 26 2004
TO: Public Wa ks Committee
FROM: Don kc" trom,Public Works Director
�
SUBJECT: S. 212" St. Pavement Rehab Project
STP(U) KEN-18 Fund Authorization
I
MOTION:
Recommend authorizing the Mayor to accept the funding agreement, authorize staff to accept the
funds and establish a budget for the funds to be spent within said road improvement project.
SUMMARY:
The Federal Highway Administration through the Washington State Department of
Transportation—Highways and Local Programs has authorized $388,828 in construction funds
for the restoration and rehabilitation funding for the S. 2121h St. Pavement Rehab project.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: The S. 212th St Pavement Rehab Project is located along S. 212th St. between
the Green River Bridge and West Valley Highway. The attached agreement grants the City
authority to proceed with the asphalt overlay project for S. 2121h St.
Mayor White and Kent City Council 1 S.212`h St Pavement Rehab Project
January 26,2004
Appendix 21.41 Prospectus Submittal Cheeldist
Local Agency: City of Kent Project Identification: S. 212[h Pavement Rehabilitation
Use this sheet as a cover sheet to the project prospectus package. Place an"X" in the right column to denote items
included. If not applicable, state N/A. Include in the cover letter a comment explaining the action taken on each
item as appropriate. Note later with an "L"if the information will be supplied at a future date.
Application:
1. Project Prospectus (Chapter 21.1) X
2. Vicinity Map ......................................................................................................................
3. Typical Roadway Section
4. Typical Bridge Section NA
5. Local Agency Agreement(Chapter 22) X
6. TIP/STIP Inclusion(MPO/County/Agency, selected/limited to $) X
Supporting Data:
7. Safety Checldist-A Supplement to the Project Prospectus for 2-R and 3-R Projects (Appendix 41.71) X
S. Photos (Railroad Crossing, ER Event Sites, as required) NA
9. Deviation Request and Deviation Analysis Form to Justify Request(reference Appendix 41.72) NA
10, Environmental Considerations (Chapter 24) X
a. Class II Categorically Excluded(CE)-Environmental Classification Summary (ECS) *1
b. Class III Environmental Assessment(EA) NA
e. Class I Environmental Impact Statement(EIS) NA
d. SEPA Checklist NA
e. NEPA/SEPA/Section 404Interagency Working Agreement NA
f. Evolutionarily Significant Unit(ESU)Determination of Effect Concurrence *1
11. Hearing Notices(Chapter 43) NA
a. Transcript of IIearing NA
12. Location and Design Approval(Chapter 43) NA
13. Right-of-Way Requirements (Chapter 25) NA
a. Relocation Plan NA
b. Right-of-Way Plans NA
o_ Right-of-Way Project Funding Estimate or True Cost Estimate NA
d. Request Right-of-Way Fund Authorization NA
14, Right-of-Way Certification(Chapter 25) NA
15. Agreements/Easements with Railroads,Utilities, and Other Agencies (Chapter 32) NA
16. FAA Notification (FAA Form 7460-1) (Chapter 24) NA
17. Tied Bids (Chapter 44) NA
Remarks:
*L-Tbe final Environmental Classification SummTry w$1rNo EfPecte BA 1 etter has been suhmitteil and accepted.-
AMIL
Washington State Local Agency Federal Aid
vW Department of Transportation Project Prospectus
Prefix Route ( )
Federal Aid Date 1 Z/29/Z0O3
Project Number -
Local Agency INN 18 (Use
Federal Employer 916001254
Project Number `Use Only] Tax ID Number
Agency Federal Program Title
City of Kent N 20.205 ❑ 2U09 ❑ Other
Project Title - Start Latitude N 47d23'42" Start Longitude W122dl6'53"
S. 212th Pavement Rehabilitation Project
End Latitude N47d23'42" End Longitude W122dl6'55"
Project Termini From To
300 feet east of Green River Bridge West Valley Highway
From: To: Length of Project Award Type
N/A N/A 0.64 miles ® Local ❑ Local Forces ❑ State ❑ Railroad
Federal Agency City Number County Number County Name WSDOT Region
® FHWA El Others 0615 17 King Northwest
Congressional District Legislative Districts Urban Area Number TMA/MP01 RTPO li
9 33 1 PSRC
Total LocarAgency Phase Start
Phase Estimated Cost Funding Federal Funds Date
(Nearest Hundred Dollar !. (Nearest Hundred Dollar)' Nearest Hundred Dollar) Month Year.
P.E. $25,000 $25,000 $0 08/03
R/W $0 $0 $0 N/A
Const. $449,828 $61,000 $388,829 04/04
Total $474,828 $86,000 $388,828
Description of Existing Facility (Existing Design and Present Condition)
Roadway Width Number of Lanes
Varies-60 feet to 85 feet 1 5
S.212th Street is a Principal Arterial connecting SR 167 with Orillia Road and Interstate 5. The segment of S. 212th between
the Green River Bridge and West Valley Highway(SR 181)is flat and consists primarily of 5 lanes,2 general purpose lanes in
each direction and a center two way turn lane.The posted and design speeds of this road is 40 mph. The upper layer of asphalt
has experienced cracking and general distress is in need of repair.
Description of Proposed Work
Roadway Width Number of Lanes
❑ New Construction ❑3-R 212-11 No Change No Chairge
This project will remove and replace the upper two inches of the existing pavement in the curb lanes and will install a full-width
asphalt concrete overalay of the existing roadway from 300 feet east of the Green River Bridge to the West Valley Highway(SR
181).No widening of the existing roadway will occur and no new impervious area will be created.
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Local Agency Contact Person Title Phone
Dennis Johnson-- " Project Engineer - 253-856-5519
Mailing Address City State Zip Code
220 4th Avenue South Kent WA 98032
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By
Design Approval � 1 y App mg Professional Engineer
j� ,
Title U V 04'S I VI Date 1 it)iq>
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DOT Form 140-101 EF Page 1 of 3 ■Supersedes Previous Editionso
Revised 1212002
Agency Project Title Date
City of Kent Pave Rehabilitation Project 12/29/2003
Georfietric,qesidn Data;
Description Through Route Crossroad
ffPrm6pal Arterial 0 Principal Arterial
Federal Urban 0 Minor Arterial Urban 0 Minor Arterial
0 Collector 0 Collector
Functional ❑Major Collector 0 Major Collector
Classification El Rural 0 Minor Collector Rural D Minor Collector
[]Access Street/Road [:]Access Street/Road
Terrain H Flat [-I Roll ❑ Mountain I-] Flat E]Roll D Mountain
Posted Speed 40
Design Speed 40
Existing ADT 25,700
Design Year ADT 29,500
Design Year 2010
Design Hourly Volume(DHV) 3,100
Acc-iden't - 3,Year Experience
Property In' Accidents Fatal Accidents
—erLur,17, Total Number
Year Damage Numb of Number of Number of Number of of Accidents
Accidents Accidents Injuries Accidents Fatalities
2000 15 11 15 0 0 26
2-00-1 — 26 2 2 0 0 28
2002 2 2 0 —0 3
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
Agency % - 100 %
Construction Will Be Performed By Contract Agency
Contractor 100 % %
Environmental Classification
i
N Final E] Preliminary
El Class I-Environmental Impact Statement(EIS) Z Class 11-Categorically Excluded(CE)
F1 Project Involves NEPAISEPA Section 404 E] Projects Requiring Documentation
Interagency Agreement (Documented CE)
El Class III-Environmental Assessment(EA)
11 Project Involves NEPA/SEPA Section 404
Interagency Agreement
Environmental Considerations
This project is simply an overlay of existing asphalt.No new impervious area will be created as part of this project
and no work will be conducted within 300 feet of the Green River.
DOT Form 140-101 EF Page 2 of 3
Revised 12/2002
Agency Project Title Date
City of Kent S.212th Pavement RehabilitationProject 12/29/2003
Right of Way
® No Right of Way Required ❑ Right of Way Required
All construction required by the ❑No Relocation ❑ Relocation Required
contract can be accomplished
within the existing right of way.
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
No utility relocation or adjustments are required as part of this project,No major structures are involved with this
project
FAA Involvement
I
Is any airport located within 3.2 kilometers (2 miles)of the proposed project? ❑ Yes ® No
Remarks I!,
it
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This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is
not inconsistent with the agency's comprehensive plan for community development.
Agency City ofKent
Date BY
_- - - Mayor/Chairperson
Page 3 of 3
DOT Form 140-101 EF
Revised 1212002
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VICINITY MAP
City of Kent
South 212"' Street Pavement Rehabilitation Project
Green River Bridge to West Valley Highway
Scale: 1"=1/4 mile
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Safety Checklist - A Guideline
Appendix 41.71 for 2-R and 3-R Projects
Project KEN-18 S. 212th Street Pavement Rehabilitation
Number
City of Kent
Local Agency ---
The proposed project should be given a roadside hazard inventory to determine if the following elements
exist within the project tennini and if the scope of the project includes construction, elimination,
modification, or protection of these elements:
Drainage Structures
Existing: N/A Proposed: N/A
Project includes mitering end sections: ❑Yes [ No
Comments: There is one existing box culvert crossing the roadway within the protect limits. This
culvert is protected by a guardrail.
Guardrail(Reviewed for Adequacy)
Comments: There is one 125 foot segment of guardrail on each side of the roadway_at the culvert
crossing. This guardrail is adequate.
Signs, Signals, and Illumination Supports
Existing: None Proposed: None
Breakaway bases proposed: ❑Yes n No
Comments: No signals are existing or proposed within the project limits. The overlay is stopping short
of the West Valley Highway signal.The existing luminaires are breakaway
Bridge Piers/Abutments
Protection Existing: N/A Protection Proposed: N/A
Comments:
II
Clear Zone(Reviewed for Adequacy)
Roadside Obstacles:OX
Trees: O.K.
i
Utility Poles: O.K.
Ditch Cross-Sections: O.K. -
Protection Proposed: No additional clear zone protection is proposed
Comments:
Horizontal Alignment(Reviewed for Adequacy)
Continents: There is no change in the horizontal alignment. The existing horizontal alignment is
adequate.
Vertical Alignment(Reviewed for Adequacy)
Comments: There is no change in the vertical aligument. The existing vertical align,nent is adequate_
Roadway Widths (Reviewed for Adequacy)
Comments: There is no proposed change in the roadway width. The existing width is,adequate.
Sight Distance(Reviewed for Adequacy)
Comments: There are no known sight distance problems and no proposed modifications.
Pavement Structure (Reviewed for Adequacy)
Comments: This project is reconstructing the pavement surface. The substructure has been determined_
to be adequate.
Traffic Control Devices
I
Warranted: N/A Unwarranted: N/A
Comments: This Ur eject includes new ohannelization which will be installed in accordance with the _ -
MUTCD.
Side Slopes (Reviewed for Adequacy)
Comments: The sideslopes are adequate or are adequately protected.
I
Washington State Local Agency Agreement
Department of Transportation
Agency City of Kent CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 220 4th Avenue South _ Project No.
Kent WA 98032 Agreement No.For OSC WSDOT Use Only
The Local Agency having complied,or hereby agreeing to comply,with the terms and conditions set forth in(1)Title 23,U.S.Code IIighways,(2)the regulations issued
pursuant thereto,(3)Office of Management and Budget Circulars A-102,A-87 and A-133,(4)the policies and procedures promulgated by the Washington State
Department of Transportation,and(5)the federal aid project agreement entered into between the Stale and Federal Govemment,relative to the above project,the
Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification.Federal funds which are to be
obligated for the project may not exceed the amount shown herein on line r,column 3,without written authority by the State,subject to the approval of the Federal j
Highway Administration.All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name S. 212th Pavement Rehabilitation Project Length 0.64 miles
Termini Green River Bridge to West Valley Highway
Description of Work
This project involves the removal and replacement of the upper two inches of the existing pavement in the curb lanes and j
the installation of a full-width asphalt concrete overalay of five lanes along a 0.64 mile section of South 212th Street from
300 feet east of the Green River Bridge to the West Valley Highway(SR 181).
Estimate of Funding
Type Of Work )Estimated Total Estimated Agency Estimated
Project Funds Funds Federal Funds
PE a.Agency 25,000.00, 25,000.00 0.00
- -
b. Other Consultant
c. Other non-participating
Federal Aid d. State
Participation
Ratio for PE e. Total PE Cost Estimate a+b+c+d 25,000.00 25,000.00
Right of Way f.Agency 0.00 0.00 0.00
% g.-Other -
h. Other
Federal Aid i. State
Participation -- --- - -
Ratio for RW '.Total RIW Cost Estimate f+ +h+i
Construction k. Contract 422,828.00 57,355.00 365,473.00
I. Other
m. Other
n. Other
% o.Agency 25,000.00 3,375.00 21,625.00
Federal Aid p. State 2,0o0.00 270.00 1,730.00
Participation - - - --
Ratio for Cr q.Total CN Cost Estimate k+l+m+n+o+ 449,828.00 61,000.00 388,828.00
r.Total Project Cost Estimate(e+j+q) 474 828.00 86,000.001 388,828.00
Agency Official Washington State Department of Transportation
i
By /�. By — - _—
Title Director of Puhlic Wodts _ Assistant Secretary for Highways and Local Programs
Date Executed
DOT Form 140-038 EF
Revised 10l02
I
Construction Method of Financing (Check Method Selected)
State Ad and Award
❑Method A-Advance Payment-Agency Share of total construction cost(based on contract award)
❑Method B-Withhold from gas tax the Agency's share of total construction cost(line 4,column 2)in the amount of
$ at$ per month for months.
Local Force or Local Ad and Award
®Method C-Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a
condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth
below.Adopted by official action on
Resolution/Ordinance No.
Provisions
I. Scope of Work 1.Preliminary engineering.
The Agency shall provide all the work,labor,materials,and services necessary 2.Right of way acquisition.
to perform the project which is described and set forth in detail in the"Project 3.Project construction.
Description"and"Type of Work."
When the Stale acts for and on behalf of the Agency,the State shall be deemed Iic the event that right of way acquisition,or actual construction to the road,for
which preliminary engineering is undertaken is not started by the closing of the tenth
an agent of the Agency and shall perfonn the services described and indicated in fiscal year following the fiscal year in which the agreement is executed,the Agency
"'type of Work"on the face of this agreement,in accordance with plans and will repay to the State the sum or sums of federal funds paid to the Agency under the
specifications as proposed by the Agency and approved by the State and the terms of this agreement(see Section IX).
Federal Highway Administration.
The A
When the State acts for the Agency but is not subject to the right of control by Agency agrees that stages construction necessary to provide the initially
the Agency,the State shall have the right to porter in the work subject to the Planned complete facility within
hal the limits of this project will conform to at least the
ordinary procedures of the State and Federal Highway Administration. of highways,
eveues n
by approved additional
design standards applicable to this class
of highways,even though such additional work is financed without federal aid i
II. Delegation of Authority - participation.
The State is willing to fulfill the responsibilities to the Federal Government by The Agency agrees that on federal aid highway construction projects,the current
the administration of this project.The Agency agrees that the State shall have the federal aid regulations which apply to liquidated damages relative to the basis of
fill authority to carry out this administration.The Slate shall review,process,and federal participation in the project cost shall be applicable in the event the contractor
approve documents required for federal aid reimbursement in accordance with fails to complete the contract within the contract time.
federal requirements.If the State advertises and awards the contract,the State VI. Payment and Partial Reimbursement '..
will further act for the Agency in an matters concerning the project as requested
by the Agency.If the Local Agency advertises and awards the project,the State1'he total cost of the project,including all review and engineering costs and
shall review the work to ensure conformity with the approved plans and other expenses of the State,is to be paid by the Agency and by the Federal
specifications. Government.Federal funding shall be in accordance with the Transportation
Equity Act for the 21st Century(TEA 21),as amended,and Office of
III. Project Administration Management and Budget circulars A-102,A-87 and A-133.The Slate shall not
Certain types of work and services shall be provided by the State on this be ultimately responsible for any of the costs of the project.The Agency shall be
project as requested by the Agency and described in the Type of Work above.In ultimately responsible for all costs associated with the project which are not
addition,the State will famish qualified personnel for the supervision and reimbursed by the Federal Government.Nothing in this agreement shall be
inspection of the work in progress.On Local Agency advertised and awarded consumed as a promise by the State as to the amount or nature of federal
projects,the supervision and inspection shall be limited to ensuring all work is in Participation in this project.
conformance with approved plans,specifications,and federal aid requirements. The Agency shall bill the state for federal aid project costs incurred in conformity
The salary of such engineer or other supervisor and all other salaries and costs with applicable federal and state laws. The agency shall mini nrize the time elapsed
incurred by State forces upon theprojeet will be considered a cost thereof.All between receipt of federal aid funds and subsequent payment of incurred costs,
costs related to this project incurred by employees of the State in the customary Expenditures by the Local Agency for maintenance,general administration,
manner on highway payrolls and Woollens shall be charged as costs of the supervision,and other overhead shall not be eligible for federal participation unless
project. an indirect cost plan has been approved by WSDOT.
IV. Availability of Records The State will pay for State incurred costs on the project.Following
All project records in support of all costs incurred and actual expenditures payment,the State shall bill the Federal Government for reimbursement of
kept by the Agency are to be maintained in accordance with local government those costs eligible for federal participation to the extent that such costs are
accounting procedures prescribed by the Washington State Auditor's Office, attributable and properly allocable to this project.The State shall bill the
the U.S.Department of Transportation,and the Washington State Department Agency for that portion of State costs which were not reimbursed by the
of Transportation.The records shall be open to inspection by the State and Federal Government(see Section IX).
Federal Govemment at all reasonable times and shall be retained and made 1. Project Construction Costs
available for such inspection for aperiod of not less than three years from the
final payment of any federal aid funds to the Agency.Copies of said records Project construction financing will be accomplished by one of the 4uee
shall be furnished to the State and/or Federal Government upon request. methods as indicated in this agreement.
V. Compliance with Provisions
'the Agency shall not incur any federal aid participation costs on any '
classification of work on this project until authorized in writing by the Stale for
each classification.The classifications of work for projects are:
DOT Form 140-039 EF 2
Revised 10/02
i
i
Method A—The Agency will place with the State,witbin(20)days after the X. Traffic Control,Signing, Marking,and Roadway
execution of the construction contract,an advance in the amount of the Maintenance
Agency's share of the total construction cost based on the contract award The
State will notify the Agency of the exact amount to be deposited with the State. The Agency will not permit any changes to be made in the provisions for parking
The State will pay all costs incurred under the contract upon presentation of regulations and traffic control on this project without prior approval of the State and j
progress billings from the contractor.Following such payments,the State will Federal Highway Administration. The Agency will not install or permit to be
submit a billing to the Federal Government for the federal aid participation installed any signs,signals,or markings not in conformance with the standards
share of the cost.When the project is subMatially completed and final actual approved by the Federal IIighway Administration and MUTCD. The Agency will,
costs of the project can be determined,the State will present the Agency with a at its own expense,maintain the improvement covered by this agreement.
final billing showing Cho amount due the State or the amount due the Agency.
This billing will be cleared by either a payment from the Agency to the State or XI. Indemnity
by a refund from the State to the Agency.
The Agency shall hold the Federal Government and the State harmless from and
shall process and defend at its own expense all claims,demands,or suits,whether at
Method B— The Agency's share of the total construction cost as shown on law or equity brought against the Agency,State,or Federal Government,arising
the face of this agreement shall be withheld from its monthly fuel tax from the Agency's execution,performance,or failure to perform any of the
allotments.The face of this agreement establishes the months in which the provisions of this agreement,or of any other agreement or contract connected with
withholding shall take place and the exact amount to be withheld each month. this agreement,or arising by reason of the participation of the State or Federal
The extent of withholding will be confirmed by letter firm the State at the time Government in the project,PROVIDED,nothing herein shall require the Agency to
of contract award.Upon receipt of progress billings from the contractor,the reimburse the State or the Federal Government for damages arising out of bodily
State will submit such billings to the Federal Government for payment of its injury to persons or damage to property caused by or resulting from the sole
participating portion of such billings. negligence of the Federal Govemtnerrt or the State.
Method C—The Agency may submit vouchers to the State in the format No liability shall attach to the State or Federal Government except as expressly j
provided herein.
prescribed by the State,in duplicate,not more than once per month for those
costs eligible for Federal participation to the extent that such casts are directly XII. Nondiscrimination Provision
attributable and properly allocable to this project.Expenditures by the Local 'the Agency shall not discriminate on the basis of race,color,national origul,or j
Agency for maintenance,general administration,supervision,and other sex in the award and performance of any USDOT-assisted contract and/or
overhead shall not be eligible for Federal participation unless claimed tinder a agreement or in the administration of its DBE program or the requirements of 49
previously approved indirect cost plan. CFRPart 26. The Agency shall take all necessary and reasonable steps under 49
The State shall reimburse the Agency for the Federal share of eligible project CFRPart 26 to ensure nondiscrimination in the award and administration of
costs up to the amount shown on the face of this agreement.At the time of USDOT-assisted contracts and agreements. the WSDOT's DBE program,as
audit,the Agency will provide documentation of all costs incurred on the required by 49 CFR Part 26 and as approved by USDOT,is incorporated by
Project. reference in this agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement.
The State shall bill the Agency for all costs incurred by the Stale relative to Upon notification to the Agency of its failure to carry out its approved program,the
the project The State shall also bill the Agency for the federal funds paid by Department may impose sanctions as provided for under Part 26 and may,in
the State to the Agency for project costs which are subsequently determined to appropriate cases,refer the matter for enforcement under 18 U.S.C.1001 and/or the
be ineligible for federal participation(see Section IX). Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.).
VII. Audit of Federal Consultant Contracts
The Agency,if services of a consultant are required,shall be responsible for 'the Agency hereby agrees that it will incorporate or cause to be incorporated into
audit of the consultant's records to determine eligible federal aid costs on the any contract for construction work,or modification thereof,as defined in the rules
project. The repot of said audit shall be in the Agency's files and made and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in
available to the State and the Federal Government whole arm part with funds obtained from the Federal Government or borrowed on
the credit of the Federal Government pursuant to a grant,contract,loan,insurance,
An audit shall be conducted by the W SDOT Internal Audit Office in of guarantee or understanding pursuant to any federal program involving such grant,
accordance with generally accepted governmental auditing standards as contract,loan,insurance,or guarantee,the required contract provisions for
issued by the United States General Accounting Office by the Comptroller Federal-Aid Contracts(FHWA 1273),located in Chapter 44 of the Local Agency
General of the United States;WSDOT Manual M 27-50,Consultant Guidelines.
Authorization,Selection,and Agreement Administration;memoranda of The Agency further agrees that it will be bound by the above equal opportunity '..
understanding between WSDOT and FHWA;and Office of Management clause with respect to its own employment practices when it participates in
and Budget Circular A433.
federally assisted construction work Provided,that if the applicant so
If upon audit it is found that overpayment or participation of federal participating is a State or Local Government,the above equal opportunity clause
money in ineligible items of cost has occurred,the Agency shall reimburse is not applicable to any agency,instrumentality,or subdivision of such
the Slate for the amount of such overpayment or excess participation(see government which does not participate in work on or under the contract.
Section IX).
VIII. Single Audit Act The Agency also agrees:
The Agency,as a subreeipiem of federal funds,shall adhere to the federal (1) To assist and cooperate actively with the State in obtaining the compliance of
Office of Management and Budget(OMB)Circular A-133 as well as all contractors and subcontractors with the equal opportunity clause and rules,
applicable federal and state statutes and regulations- A subrecipient who regulations,and relevant orders of the Secretary of Labor.
expends$300,000 or more in federal awards from all sources during a given
fiscal year shall have a single or program-specific audit perforated for that (2) To famish the State such information as it may require for the supervision of
year in accordance with the provisions of OMB Circular A-133. Upon such compliance and that it will otherwise assist the State in the discharge of its
conclusion of the A-133 audit,the Agency shall be responsible for ensuring primary responsibility for securing compliance.
that a copy of the report is transmitted promptly to the State- (3) To refrain from entering into any contract or contract modification subject to
IX, Payment of Billing Executive Order 11246 of September 24,1965,with a contractor debarred from,or
Y g who has not demonstrated eligibility for,government contracts and federally
The Agency agrees that if payment or arrangement for payment of any of assisted construction contracts pursuant to the Executive Order. i
the State's billing relative to the project(e.g.,State force work,project
cancellation,overpayment,cost ineligible for federal participation,etc.)is not (4) To carry out such sanctions and penalties for violation of the equal
made to the State within 45 days after the Agency has been billed,the State opportunity clause as may be imposed upon contractors and subcontractors by the
shall effect reimbursement of the total sum due from the regular monthly fuel Slate,Federal Highway Administration,of the Secretary of Labor pursuant to Part
lax allotments to the Agency from the Motor Vehicle Fund. No additional 11,subpart D of the Executive Order.
Federal project funding will be approved until full payment is received unless
otherwise directed the Assistant Secretary for Highways and Local Programs.
DOT Form 140-039 EF 3
Revised 10/02
In addition,the Agency agrees that if it fails or refuses to comply with these XV. Venue for Claims and/or Causes of Action
undertakings,the State may take any or all of the following actions: For the convenience of the parties to this contract,it is agreed that any claims
(a) Cancel,terminate,or suspend this agreement in whole or in part; and/or causes of action which the Local Agency has against the State of
Washington,growing out of this contract or the project with which it is
(b) Refrain from extending any further assistance to the Agency under the concerned,shall be brought only in the Superior Court for Thurston County-
' nogram with respect to which the failure or refusal occurred unm satisfactory
assurance of future compliance has been received from the Agency;and XVI. Certification Regarding the Restrictions of the Use
(c) Refer the case to the Department of Justice for appropriate legal proceedings. of Federal Funds for Lobbying
The approving authority certifies,to the best of his or her knowledge and belief,
that:
XIII. Liquidated Damages (1) Nofcderal appropriated funds have been paid or will be paid,by or on behalf
The Agency hereby agrees that the liquidated damages provisions of 23 CFR of file undersigned,to say person for influencing or attempting to influence an
Part 635,Subparl 127,as supplemented,relative to the amount of Fed cral officer or employee of any federal agency,a member of Congress,an officer or
participation in the project cost,shall be applicable in the event the conlractor employee of Congress,or an employee of a member of Congress in connection with
fails to complete the contract within the contract time. Failure to include the awarding of any federal contract,the making of any federal grant,the making of
liquidated damages provision will not relieve the Agency from reduction of any federal loan,the entering into of any cooperative agreement,and the extension,
federal participation in accordance with this paragraph. continuation,renewal,amendment,or modification of any federal contract,grant,
XIV. Termination for Public Convenience loan,or cooperative agreement.
The Secretary of the Washington Stale Department of Transportation may (2) If any funds other than federal appropriated funds have been paid or will be
terminate the contract in whole,or front time to time in part,whenever: paid to any person for influencing or attempting to influence an officer or employee
of any federal agency,a member of Congress,an officer or employee of Congress,
(1) The requisite federal funding becomes unavailable through failure of or mr employee of member of Congress in connection with this federal contract,
appropriation or otherwise. - grant,loan,or cooperative agreement,the undersigned shall complete and submit
(2) The contractor is prevented from proceeding with the work as a direct the Standard Form-LLL,"Disclosure Fonn to Report Lobbying,"in accordance
result of an Executive Order of the President with respect to the prosecution of with its instnrctions.
war or in the interest of national defense,or an Executive Order of the (3) The undersigned shall require that the language of this certification be
President or Governor of the State with respect to the preservation of energy included in the award documents for all subawards at all tiers(including subgrants,
resources. and contracts and subcontracts under grants,subgrants,loans,and cooperative
(3) The contractor is prevented from proceeding with the cootie by reason of agreements)which exceed$100,000,and that all such subrecipients shall certify
and disclose accordingly.
a preliminary,special,or permanent restraining order of a court of competent
jurisdiction where the issuance of such order is primarily caused by the acts or This certification is a material representation of fact upon which reliance was
omissions of persons or agencies other than the contractor, placed when this transaction was made or entered into. Submission of this
certification as a prerequisite for malting or entering into this transaction imposed
by Section 1352,Title 31,U.S.Code. Any person who fails to file the required '..
(4) The Secretary determines that such termination is in the best interests of certification shall be subject to a civil penalty of not less than$10,000 and not more
the State. than$100,000 for each such failure.
Additional Provisions
i
DOT Form 140-039 EF 4 j
Revised 10/02
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone: 253-856-5500
® T Fax: 263-856-6500
KEIV ` Address: 220 Fourth Avenue S.
WASHINGTON '.
Kent,WA. 98032-5895
DATE: Jan dry , 2004
TO: Pule orks Committee
FROM: Don` r kstrom, Public Works Director
THROUGH:
SUBJECT: Utility Relocation Agreement
Regarding Upper Meridian Valley Creek Improvements Project
MOTION:
Recommend authorizing the Mayor to sign the Utility Relocation Agreement with Sons
Creek Water and Sewer District upon concurrence of the language therein by the City
Attorney and the Public Works Director
SUMMARY:
Utility Relocation Agreement between the City of Kent and Soos Creels Water and Sewer
District to relocate Soos Creek Water and Sewer District's facilities along 132 a Avenue S.E. for
the Upper Meridian Valley Creek Improvements Project between S.E. 240`t' Street and S.E. 2360'
Place.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
I
BACI{GROUND
As part of the Upper Meridian Valley Creek Improvements Project, a box culvert and a pipe arch
culvert will be installed along 132°d Avenue S.E. The existing underground water main and
sanitary sewer facilities need to be relocated to a lower depth to provide clearance for the box
culvert and the pipe arch culvert. The Agreement allows the City to relocate all of Soos Creek
Water and Sewer District's facilities at the two culvert locations to ease the construction process.
In return, Soos Creek Water and Sewer District agrees to pay the City an estimated cost of
$34,521.62.
Mayor White and Kent City Council Utility Relocation Agreement/Upper Meridian Valley Creek Imp.
January 26, 2004
1
i
V6&-+
AGREEMENT REGARDING THE
UPPER MERIDIAN VALLEY CREEK IMPROVEMENTS PROJECT
BETWEEN THE CITY OF KENT AND SOOS CREEK WATER AND SEWER DISTRICT
THIS AGREEMENT is entered into between the City of Kent, a Washington Municipal
Corporation, located and doing business at 220 Fourth Avenue South, Kent, Washington 98032
(hereinafter called "CITY') and Soos Creek Water and Sewer District, located and doing
business at 14616 SE 192nd St Renton, Washington 98058 (hereinafter called "DISTRICT").
RECITALS
WHEREAS, the CITY is in process of designing a culvert improvement project,
commonly known as Upper Meridian Valley Creek Improvements, which commences generally
600 feet north of SE 240th Street at 132n6 Ave SE and runs generally south terminating at 400
feet north of SE 240`" Street in Kent; and
WHEREAS, the DISTRICT has a Franchise with the CITY to provide water and sewer
service for the vicinity of the project; and j
WHEREAS, the DISTRICT's water and sewer facilities are required to be relocated in
order to accommodate the storm drainage system for the new culvert project; and
WHEREAS the DISTRICT is financially responsible for all costs associated with this
relocation work and is obligated to reimburse the CITY for such work; and
WHEREAS the DISTRICT in conformance with its franchise agreement with the CITY is
required to relocate their facilities; and
WHEREAS in order to meet the CITY's schedule for the culvert improvement project the
DISTRICT would be obligated to perform this work; and
WHEREAS the CITY and the DISTRICT desire to work together for the mutual and
overall benefit of the culvert improvement project and the water and sewer facility relocation
work.
I
Page 1 of 10 11/26/03
NOW THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein, or attached and incorporated and made part hereof, IT IS
MUTUALLY AGREED AS FOLLOWS:
�ME N
AG RCCIYICfVT
i
i
Section 1. General The CITY, as agent acting for and on behalf of the DISTICT, agrees to
i
perform the work in constructing the Improvements for the DISTRICT, in accordance with and
as described in the Scope of Work marked Exhibit A, Plans marked Exhibit B and Cost of Work
marked Exhibit C attached hereto, which by this reference are made part of this AGREEMENT.
Section 2. Construction Plans Plans, Specifications and cost estimates have been
prepared by the CITY generally in accordance with the current State of Washington Standard
Specifications for Road, Bridge and Municipal Construction, DISTRICT Standard Specifications
as applicable and adopted design standards. The DISTRICT hereby approves the Scope of
Work and Plans for the described construction as shown on Exhibits A and B.
Section 3. Construction The CITY is hereby designated the DISTRICT's construction
agent for the project. The CITY will incorporate said Plans and Specifications into the CITY's
Project and thereafter advertise the resulting project for competitive bid. Once the contract is
awarded,the CITY will administer the contract. As construction agent, the CITY will perform all
engineering, survey and field inspections and shall make all payments to the Contractor. The
CITY will keep the DISTRICT advised as to the progress of said project. The CITY, as
construction agent, shall have final judgement, after consulting with the DISTRICT, with regards
to decisions related to the work of the Contractor.
Section 4. Authority to Construct The DISTRICT hereby authorizes the CITY to proceed
with construction in accordance with Exhibits A & B for the purpose intended by this
AGREEMENT, and as further described in Section 7.
Page 2 of 10 11/26/03
Section 5. Inspection by District The DISTRICT shall furnish an inspector on the project.
Any costs for such inspection will be borne solely by the DISTRICT. All contact between said
inspector and the CITY's contractor shall be through the CITY's representatives.
Section 6. P ayment An itemized cost for work to be performed by the CITY for the
DISTRICT marked Exhibit C is attached hereto and, by this reference, is made part of this
AGREEMENT. The DISTRICT, in consideration of the faithful performance of the work to be
done by the CITY, agrees to reimburse the CITY for the actual direct cost of all work specified
in the Cost of Work that is the financial responsibility of the DISTRICT and shall take all
necessary action to pledge, budget and allocate the same. Payment shall be made by the
DISTRICT to the C ITY within 30 d ays, u pon the request of the C ITY, to cover actual d irect
costs incurred by the CITY. Costs shall include the DISTRICT's portion of the Contractor's
construction costs, construction inspection and the CITY's administration cost. Payments
delayed beyond 30 days shall include interest payments of 1 percent per month.
Section 7. Extra Work In the event of unforeseen causes which require an increase in
the DISTRICT's cost obligation of 25 percent or more from that included in the Cost of Work,
this AGREEMENT will be modified by supplement agreement covering said increase. In the
event it is determined that any "substantial change' from the description of the work contained
in the AGREEMENT is required, written approval must be secured from the DISTRICT before
the beginning of such work. "Substantial change" is defined as any changes requiring an
increase in the DISTRICT's financial obligation (per Cost of Work ) of greater than 25 percent.
The C ITY s hall p rovide p rior written n otice f or a II changes to t he D ISTRICT's p ortion o f t he
work regardless of the financial obligation.
Page 3 of 10 11/26/03
Section 8. Emergency Repairs Prior to CITY acceptance of Contractor work, if there is a
need for emergency repair and the CITY's contractor is unable to perform such repair in a
timely manner, the DISTRICT shall have permission to enter upon the CITY's right-of-way and
complete said emergency repair. Emergency repairs are defined as work performed by CITY or
DISTRICT forces to stabilize, remove immediate hazards or dangers by cutting and capping
water mains or sewer mains, and restoring immediate utility services to customers in the area.
Upon completion of any emergency repairs by the CITY or the DISTRICT, the CITY and the
DISTRICT shall cooperatively determine each party's financial responsibility.
Section 9. Final Acceptance The CITY shall conduct a field review of each constructed facility
with representatives of the DISTRICT and shall further require all punchlist items to be correct
to the satisfaction of the DISTRICT and the CITY before final acceptance by the CITY. The
DISTRICT agrees, upon satisfactory completion of the work involved as determined by the
DISTRICT, to deliver a letter of acceptance approving the CITY's design, management and
construction of the project. Acceptance shall not constitute acceptance of any unauthorized or
defective work or materials, nor be a waiver of any manufacturer's, supplier's or contractors'
warranties. Final acceptance of the project shall be by the CITY after inspection by all agencies
involved.
Section 10. Delivery of Completed Lines The CITY agrees, within 30 days from the date
of completion and final acceptance by the DISTRICT and the CITY of the Improvements, to
transfer ownership of Improvements to the DISTRICT by the appropriate documents. The CITY
will forward to the DISTRICT any guarantee or warranty furnished as a normal trade practice in
connection with the purchase of any equipment, materials, or items used in the construction of
the project. The CITY shall submit as-built drawings in Autocad electronic format to the
Page 4 of 10 11/26/03
i
DISTRICT upon completion of the project for DISTRICT review and approval. Upon delivery by
the CITY to the DISTRICT and DISTRICT approval as described in this section, the DISTRICT
shall issue a release and waiver of all claims or demands of any nature, past or present
whether known or unknown, that result from the CITY's performance of the work contemplated
in this AGREEMENT. This release and waiver must be in a form acceptable to the Kent City
Attorney. The CITY's Contractor shall warrant the workmanship and materials utilized in the
Improvements to be free of defects for a period of two (2) years from the date of transfer.
Section 11. Legal Relations The CITY and the DISTRICT agree to defend, save, keep,
and hold harmless the other, its officers, agents, employees, and volunteers from any and all
damages, costs or expenses in law or equity that may any time arise or be set up because of
damages to property or personal injury received by reason of, or in the course of, or which may
be occasioned any willful or negligent act or omission of the municipal entity arising out of the
activities which are the subject of this AGREEMENT. The construction specification shall
include the usual indemnification clause to protect the CITY and the DISTRICT.
Section 12 Resolution of Disputes and Governing Law This AGREEMENT shall be
governed 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 f iling s uit exclusively u nder t he v enue, rules a nd j urisdiction o f t he K ing C ounty S uperior
Court located in Kent, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this AGREEMENT, each party shall pay all of its legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other
recovery or award provided by law.
Page 5 of 10 11/26/03
I
Section 13. Written Notice All communications regarding this AGREEMENT shall be sent
to the parties at the addresses listed on the signature page of this AGREEMENT, unless
notified to the contrary. Any written notice hereunder shall become effective upon 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.
Section 14. Assignment Any assignment of this AGREEMENT by either party without the
written consent of the non-assigning party shall be void.
Section 15. Modification No waiver, alteration, or modification of any of the provisions for
the AGREEMENT shall be binding unless in writing and signed by a duly authorized
representative of the CITY and the DISTRICT.
Section 16. Entire Agreement T he written provisions and terms of this AGREEMENT,
together with any attached Exhibits, shall supercede all prior verbal statements of any officer or
other representative of either party, and such statements shall not be effective or be construed
i
as entering into or forming a part of or altering in any manner this AGREEMENT. This
i
document, including all Exhibits, is the entire agreement between the parties. Should any
i
language in any of the Exhibits to the AGREEMENT conflict with any language contained in this
AGREEMENT, the terms of this AGREEMENT shall prevail.
Section 17. Effectivity This AGREEMENT shall be effective as to all parties on the last date
signed below
(SIGNATURES ON THE FOLLOWING PAGE)
Page 6 of 10 11/26/03
IN WITNESS WHEREOF, this AGREEMENT and Conveyance is executed by the Parties by
their authorized officers indicated below
CITY OF KENT SOOS CREEK WATER & SEWER DISTRICT
220 Fourth Ave. S. P.O. Box 58039
Kent, WA 98032-5895 Renton WA 98058-1039
BY ��—
ITS ITS
DATE DATE
ATTEST: ATTEST:
CITY CLERK, CITY OF KENT �
APPROVED AS TO FORM: APPROVED AS O
KENT CITY ATTORNEY soos CRL6K ATTORNEY
I
Page 7 of 10 11/26/03
EXHIBIT A
SCOPE OF WORK
This portion of the project consists of relocating existing ductile iron pipe (DIP) water main into
casing pipe along portions of 132nd Avenue S.E. 400 feet and 660 feet north of S.E. 240"
Street. Also, an existing concrete sanitary sewerwill be replaced with ductile iron pipe and
installed in a casing pipe along a portion of 132nd Avenue S.E. 660 feet north of S.E. 240th
Street.
The work includes approximately 95 lineal feet of 8-inch diameter DIP water main, steel casing
pipe, four gate valves, reinstallation of existing services, reconnection to existing system,
asphalt patching, mobilization, traffic control and other related appurtenances.
Also included is approximately 62 lineal feet of 8" diameter DIP sewer main, steel casing pipe,
reconnection to existing system, asphalt patching, mobilization, traffic control and other related
appurtenances.
Pago 8 of 10 11/26/03
i
PLANS
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Page 9 of 10 11/26/03
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EXHIBIT C
COST OF WORK
i
WATER AND SEWER RELOCATION ON
132ND AVENUE SE
Bid Item Qty Unit Unit Cost Total
Mobilization 1 L.S. $2,000.00 $2,000.00
8 Inch Diameter D.I. CL 52 Water Main 95 L.F. $80.00 $7,600.00
14 Inch O.D., 0.25" thick steel casing 70 L.F. $25.00 $1,750.00
8 Inch Gate Valve 4 EA $750.00 $3,000.00
Pipe Zone Bedding 45 T $20.00 $900.00
Bank Run Gravel 55 T $8.50 $467.50 j
Traffic Control Labor 1 L.S. $2,800.00 $2,800.00
8 Inch Diameter D.I. CL 50 Sewer Main 62 L.F. $80.00 $4,960.00
14 Inch O.D., 0.25" Thick Steel Casing 43 L.F. $25.00 $1,075.00
Pipe Zone Bedding 40 T $20.00 $800.00
Bank Run Gravel 100 T $8.50 $850.00
Shoring or Extra Ex. Class B 600 S.F. $1 .00 $600.00
Subtotal $26,802.50
Sales Tax 8.8% $2,358.62
Contingency 20% $5,360.50
Total $34,521 .62
Page 10 of 10 11/26/03
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
® Phone:253-856-5500
K E N T Fax: 253-856-6500
WASH N G T G N Address: 220 Fourth Avenue S.
Kent,WA.98032-5895
DATE: January 26, 2004
TO: Public Works Committee
FROM: Do tic strom,Public Works Director
SUBJECT: Pacific Highway South HOV Lanes Project
STPUL-0099(045) Fund Authorization
MOTION:
Recommend authorizing the Mayor to accept the funding agreements, authorize staff to accept
the funds and establish a budget for the funds to be spent within said road improvement project.
I
SUMMARY:
The Federal Highway Administration through the Washington State Department of
Transportation—Highways and Local Programs has authorized the right-of-way funding for the
three separate phases of the Pacific IIighway South SR-99 HOV Lanes project.
• Kent-Des Moines to South 240th Right of Way -Total project amount of$248,816 and
the Federal Share amount is $215,226.
• South 240a'to South 252`la Right of Way with a total project amount of$362,500 and the
Federal Share amount is $313,563.
• South 252"a to 272"d Right of Way with a total project amount of$1,600,000 and the
Federal Share amount is $640,000.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: The Pacific Highway South HOV Lanes Pro Oct is sey aratedintothree
phases for funding purposes(Kent-Des Moines Rd to 240", 240` to 252" and 252nd to 272"d)•
The Design funds were previously authorized and accepted by Council. The attached
agreements grant the City authority to proceed with right-of-way acquisition for all three phases.
II
Mayor White and Kent City Council 1 Pac IIwy S HOV Lanes Project
January 26,2004
ac 2 ? 2003
Washington State Transportation Building
Department 6l Transportation 310 Maple Park Averme S.E.
Douglas 5. MacDonald P.O. Box 47300
Secretary of Transportation Olympia,WA 98504-7300 .
December 18, 2003 360-705aee0
Mr. Don Wickstrom TTv: 1-800-833-6388
%w .wsdot.wa.gov
Public Works Director
City of Ken*.
220 Fourth Avenue S
Kent,WA 98032-5895
City of Kent
Pacific Highway South HOV Lanes
Kent-Des Moines to So.240th
STPUL-CM-0099(045).
FUND AUTHORIZATION
Dear Mr kstfo—m—
We have received FHWA fund authorization, effective December 18, 2003,for this
project as follows:
PHASE TOTAL FEDERALSHARE
Right of Way $248,816 $215,226
Enclosed for your information and file is a fully executed copy of Supplement Number 1
to Local Agency Agreement LA-3467 between the state and your agency.
Although documented CE determination was approved August 8,2003,you are still
required to request updated species listings every six months from that date until
this project is complete. If any species listings or locations have changed,the
Biological Assessment must be updated appropriately. Verification of the requests
will be part of the project management review.
WSDOT authorization to proceed with construction is contingent upon receipt of your
Right of Way Certification.
You may proceed with the administration of this project in accordance with your
WSDOT approved Certification Acceptance agreement.
Sincerely,
kLp
Stephanie Tax
Manager,Program Management
Highways &Local Programs Division
ST:ds:ac
Enclosure
cc: Terry Paananen, Northwest Region,NB82-121
DEC 22 2003
' Washington State Transportatoon Muss lta�9
Department of Transportation 310 Maple Park Avenue S.E.
Douglas B. NlacDoaaald - P.O.Box 47300
Secretary of Transportation Olympia,NJA 98504-7300
December 18, 2003 360-705-7000
TTY: 1-800-833-5388
www.wsdot.wa.0ov
Mr. Don Wickstrom
Public Works Director
City of Kent
220 Fourth Avenue S
Kent,WA 98032-5895
City of Kent
Pacific IIighway South HOV Lanes
So.240°i to So.252nd
STPUL-CM-0099(060)
FUND AUTHORIZATION
Dear Mr.A7Jickst-rom:
We have received FHWA fund authorization, effective December 18,2003, for this project
as follows:
PHASE TOTAL FEDERALSHARE
Right of Way $362,500 $313,563
Enclosed for your information and file is a fully executed copy of Supplement Number 1 to
Local Agency Agreement LA-4296 between the state and your agency.
Although documented CE determination was approved October 6, 2003,you are still I
required to request updated species listings every six months from that date until this
project is complete. If any species listings or locations have changed,the Biological
Assessment must be updated appropriately. Verification of the requests will be part of
the project management review.
WSDOT authorization to proceed with construction is contingent upon receipt of your Right
of Way Certification.
i
You may proceed with the administration of this project in accordance with your WSDOT
approved Certification Acceptance agreement.
Sincerely,
Stephan
Manager, Program Management
Highways&Local Programs Division
ST:ds:ac
Enclosure
cc: Terry Paananen,Northwest Region, N1382-121
i
t;wr ur nc
DEC 2 2 2063
EfIGNEERING UPI
Washington State Transportation Building
Department of Transportation - 310 Maple Park Avenue S.E.
Douglas B. MacDonald P.O.Box WA 985D4.7300.
Secretary of Transportation Olympia,WA
December 18,2003 360-7D5-7000
TTY: 1-800-833-6388
mw .wsdot.wa.gov
Mr. Don Wickstrom
Pt blic Works Director
City of Kent,
220 Fourth Avenue S
Kent,WA 98032-5895
City of Kent
Pacific Highway South HOV Lanes
So. 252d to 272nd
STPUL-CM-0099(067)
FUND AUTHORIZATION
Dcar MrA- iek from:
a--
We have received FHWA fund authorization, effective December 18, 2003, for this project
as follows:
PHASE TOTAL FEDERAL SHARE
Right of Way $1,600,000 $640,000
Enclosed for your information and file is a fully executed copy of Supplement Number 1 to
Local Agency Agreement LA-4607 between the state and your agency.
Although documented CE determination was approved October b,2003,you are still
required to request updated species listings every six months from that date until this
project is complete. If any species listings or locations have changed,the Biological
Assessment must be updated appropriately. Verification of the requests will be part of
the project management review.
i
WSDOT authorization to proceed with construction is contingent upon receipt of your Right
of Way Certification.
You may proceed with the administration of this project in accordance with your WSDOT
approved Certification Acceptance agreement.
Sincerely,
Stephanie Tax
Manager,Program Management
Highways&Local Programs Division
ST:ds:ac
Enclosure
cc: Terry Paananen,Northwest Region,NB82-121
Washington State Leh"e� � s . '..
nt Supplement
V Department of Transportation Local Agency Agreeme
Supplement Number
Agency 1
_City of Kent
Federal Aid Project Number Agreement Number CFDA No. 20.205
STPF-0099(067) LA-4607 (Catalog of FederaloomesticAssistance)
The Local Agency desires to supplement the agreement entered into and executed on November 1,2000
All provisions in the basic agreement remain In effect except as expressly modified by this supplement.
fCIIvNs
The changes to the agreement are described as
Project Description
Name Pacific Highway South HOV Lanes (ICEN-20) Length L25 Miles
Termini South 252nd Street to South 272nd Street -
Description of Work ®No Change
Reason for Supplement
Request Right-of-Way Funds
i
Estimate of Funding
t1) (2) (3) (4) (5)
Type of Work Previous Supplement Estimated Total Estimated Agency Estimated
Agreement/Su I. Project Funds Funds Federal Funds
896,000.00 896,000.00 537,600,00 358,400M
PE a.Agency _ _
40 % b.Other_
c.Other
Federal Aid 4,000.00 4,111.00 2,400.00 1,600.00
Participation d_State -
Ratio for PE e.Total PE Cost Estimate(a+b+o+d)
900,000.00 900,000.01 540,000.00 360,000.00
Right of Way f.Agency 1,412,500.00 1,412,500.00 847,500.00 565,000.00
40 _ % g_Other Consultant . 177,500.00 177,500.00 106,500.00 71,000_00-
Federal Aid h_Other -
Participation 10,000.00 10,000.00 6,000.00 4,000.00
Ratio for RW L state
j.Total R/W Cost Estimate(f+g+h+i) 1,600,000.00 1,600,000.00 960,000.00 640,000.00
Construction k.Contract
I. Other
m.Other
n.Other
% o.Agency
Federal Aid p.State
Participation
Ratio for CN q,Total CN Cost Estimate k+l+m+n+o
r.Total Project Cost Estimate e+ 900,000.00 1,600,000.00 2,500,000.00 1,500,OD0.00 1,000,000.00
The Local Agency further stipulates that pursuant to said Title 23,regulations and policies and procedures, and as a condition
to payment of the Federal funds obligated,it accepts and will comply with the applicable provisions.
Agency Official Washington State Department of Transportation
By _ By --®I i
Title Assistant Secretary for Highways and Local Programs
Date Executed ___
DOT Form 140-041 EF -
Revised 412000
PTCYWashington State r
7WDepartment of Transportation Local Agency Agreement Supplement
Agency Supplement Number
City of Kent __ _ _ 1
Federal Aid Project Number Agreement Number CFDA No. 20.205
STPUL-0099(045) LA-3467 (catalog of Federal DonesticAssistance)
The Local Agency desires to supplement the agreement entered Into and executed on December 4, 1996
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Project Description
Name Pacific Highway South HOV Lanes (KEN-15) Length 0.5 Miles
Termini Ken:Des Moines Road to South 240th Street
Description of Work M No Change
Reason for Supplement
Request Right-of-Way Funds
Estimate of Funding
Type Of Work Previous Supplement Estimated Total Estimated Agency Estimated
Agree mOnUSuppl. Project Funds Funds Federal Funds
PE a.Agency —
86.5 % b.-Other Consultant 707,092.00 707,092.00 95,457.00 611,635.00
c.Other '..
Federal Aid 1,000.00 1,000.00 135.00 865,00
Participation d.State ._ -
Ratio for PE e.Total PE Cost Estimate(a+b+c+d) 708,092.00 708,092.00 95,592.00 612,500.00
Right of Way f.Agency 179,816.00 179,816.00 24,275.00 155,541.00
86.5 % g_Other Consultant - 64,000.00 64,000.00 8,640-00 55,360.00
Federal Aid h. Other -- - —
Participation -- 5,000.00 5,000.00 675,00 4,325,00 '...
Ratio for RW L State _ -
j.Total RAN Cost Estimate(f+ +h+l) 248,816.00 248,816.00 33,590.00 215,226.00
Construction k.Contract -
I. Other
m.Other _ — -
n.Other
o.Agency - - - -
Federal Aid
Participation p.State --
Ratio for CN .Total CN Cost Estimate k+t+m+nie+p
r.Total Project Cost Estimate(e i+q) 708,092.00 24 816.001 956,908.00 129,182.00 827,726.00
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures,and as a condition
to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions.
Agency Official Washington State Department of Transportation
By By
Title <'; �- �J [:,.v r,o��e ,r Assistant Secretary for Highways and Local Programs
--— — - _
Date Executed6_d200
DOT Forth 140-041 EF
Revised 4/2000
i
Washington State ' ";fU
Department of Transportation Local Agency Agreement Supplement
Agency Supplement Number
City of Kent 1
Federal Aid Project Number Agreement Number CFDA No. 20.205
STPUL-0099(060) LA-4296 (Catalog of Federal 0omesticAssistance)
The Local Agency desires to supplement the agreement entered into and executed on January 6, 2000
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows
Project Description
Name Pacific Highway SouthHOV Lanes (KEN-16) _ Length 0.75 Miles
Termini South 240th Street to South 2521id Street _
Description of Work ®No Change
Reason for Supplement
Request Right-of-Way Funds. Obligate part of the prograrmned Construction funds in Right-of-Way.
Estimate of Funding
Type of Work (1) (2) (3> ed m
Yp Previous Estimated Total Estimated Agency Estimated
Agreement/Suppl. Supplement Project Funds Funds Federal Funds
PE 258,116,00 258,116.00 34,846.00 223,270.00
a.Agency _ _ _ _ i
86.5 % b.Other _ -
c.Other
Federal Aid 2,000.00 2,000.00 270.00 1,730.00
Participation d.State -
Ratio for PE e.Total PE Cost Estimate(a+b+c+d) 260,116.00 260,116.00 35,116.00 225,OD0.00
Right of Way f.Agency 206,000.00 206,000.00 27,810.00 178,190.00
86.5 % g_Other Consultant 149,000.00 149,000.00 20,115.00 128,895.00
Federal Aid h. Other _
Participation - 7,500.00 7,500.00 101200 6,488.00
Ratio for RW L State , .
J.Total F W Cost Estimate(f+g+h+i) 362,500.00 362.500.00 48,937.00 313,563.00
Construction k.Contract --
I. Other _
m.Other _
n.Other
% o.Agency .
Federal Aid p,State - -
Participation -- -
Ratio for CN q.Total CN Cost Estimate kd+m+mo+
r.Total Project Cost Estimate e+ 260,116.00 362,500.0 622,616.00 84,053.00 538,503.00
The Local Agency further stipulates that pursuant to said Title 23,regulations and policies and procedures,and as a condition
to payment of the Federal funds obligated,it accepts and will comply with the applicable provisions.
Agency Official
Washington State De artment of Transportation
By / /Gc G/ _ By
Title Assistant Secretary for Highways and Local Programs
- DEC 17 2003
Date Executed
DOT Form 140-041 EF
Revised 412000
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500
® Fax: 253-856-6500
KE ` �(T Address: 220 Fourth Avenue S.
WASHINGTON
Kent,WA. 98032-5895
DATE: Febru ry 2, 2004
TO: Public Works Committee
FROM: Do kstrom, Public Works Director
THROUGH: t )
SUBJECT: LID 353 S. 228t" Street Extension (54t"Avenue South to Kent-Des Moines
Road SR-516)
MOTION:
Recommend that City Council pass on Ordinance# to set March 23, 2004 for the
public hearing on the Assessment Roll of LID 353 and establish a Board of Equalization to
conduct the hearing.
SUMMARY:
The City formed Local Improvement District (LID) 353 in 2002 to partially fund the above
referenced project. During the last several years, the City has budgeted funds for the proposed
project and has obtained grant funding. An LID is necessary to complete the project funding and
to address special benefits from the improvements to the local properties within the project area.
An LID was formed in October 2002. Due to the project cost and the fact that construction will
begin shortly, it is time to finalize the LID to secure the project funds.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND
For over 15 years,regional plans have identified South 228th Street as a major arterial route in
the center of the Kent Valley. Construction of the South 228th Street Extension will connect the
South 228 h Street Corridor with I-5 and provide a much needed east-west access route from East
Valley Highway to Military Road and 1-5.
Presently,the lack of an adequate east-west arterial system results in severe traffic congestion
during peak hours. The only current access to 1-5 from this area is by Meeker Street and SR-516.
The City completed the EIS for the proposed project in 2001. The City Council approved the
EIS during December 2001 and directed the City staff to proceed with the project.
On June 13, 2002, Engineering staff met with some of the property owners from The Lakes
development regarding the need for a noise wall. The residents just east of the Green River on
Mayor White and Dent City Council I LID 353 Set Public Hearing Date
February 2004
the south side of South 228th Street expressed concern regarding noise increases from the
increased traffic flow on the proposed roadway. On July 16, 2002, the Council directed staff to
include a noise wall in the project design.
The City has been working to obtain grant funds to pay a share of the project costs. A portion of
the project cost will be paid with property assessments financed by formation of Local
Improvement District#353. The grant fiords are contingent on a local match, so the City formed
the LID.
The Public Works Department held an informal meeting with property owners in the LID
Boundary on July 25, 2002. The Resolution of Intent was approved by City Council on August
20, 2002 which set the public hearing for September 17, 2002. There were no protests during the
public hearing. Ordinance 3619 was passed October 1, 2002 forming the LID. The project is
expected to be constructed over a 3-year period between 2004 and 2006. The estimated
completion date is December 2006.
i
Proposed Improvements:
i
The proposed LID will construct the South 228th Street Extension with a bridge over the Green
River, from 5e Avenue South to Military Road, and additional improvements to Military Road
to accommodate the new roadway. The new roadway will be 5 lanes with turning lanes at major
intersections. Sidewalks will be placed along both sides of the roadway with street lighting and
street trees where practical. Storm drainage will be constructed as necessary. 42'd Avenue
South will be constructed from its existing tenninus in the Riverview Community to South 228"'
Street.
The proposed LID will also include sidewalks and street lighting on 76"'Avenue South/4th
Avenue North between South 220th Street and SR-167 along properties that currently do not have
these improvements.
The project includes the following improvements on South 228th Street and Military Road:
1. Construct a new 5-lane,minor arterial street between 54`h Avenue South and SR-
516 (via Military Road)which includes a bridge over the Green River,
2, Improve Military Road to 5-lanes from the new intersection with 228"to SR-516.
3. Concrete curbs, gutter and sidewalks or paved shoulders.
4. Installation of a noise wall along The Lakes.
5. New traffic signal at Military Road/SR-516.
6. Storm drainage.
7. Upgrades to the existing illumination system.
8. Sidewalks and street lighting in areas where none exist between 54th Avenue
South and the BNSF RR,
9. Wetland mitigation.
10. New eastbound to northbound left-turn at 72"a Avenue South.
11. Various frontage improvements to complete minor arterial section.
12. Sanitary Sewer near Military Road.
Mayor White and Kent City Council 2 LID 353 Set Public Hearing Date
February 2004
The following improvements will be included on 76`h Avenue South/4th Avenue North:
1. Sidewalks in areas where none exist in the vicinity of South 2281h Street.
2. Street illumination system in areas where none exist in the vicinity of South 2281h
Street.
Project Cost:
1
The final LID assessments are still being determined. The preliminary total project cost was
$29,000,000 of which the total preliminary LID assessment was $14,239,443.
�I
i
I
Mayor White and Kent City Council 3 I,ID 353 Set Public Hearing Date
February 2004
i
ORDINANCE NO.
AN ORDINANCE of the City of Kent, Washington
setting a date for public hearing on the assessment roll of
Local Improvement District No. 353 relating to the
construction of the South 228h Street Extension project as
provided by Ordinance No. 3619.
RECITALS
A. The assessment roll levying the special assessments against the properties
located in Local Improvement District No. 353 in the City of Kent, Washington (the"City"),
has been filed with the City Clerk as provided by law.
B. The City Council delegates under RCW 35.44.070 to the councilmembers
now serving on the Public Works Committee the conduct of the hearing on the assessment
roll.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
1. Hearing Date. The hearing on the final assessment roll for Local
Improvement District No. 353 is set before a special committee (the "Committee")
comprised of the three(3)councilmembers now serving on the Kent City Council Public
Works Committee. The Public Works Committee chair may substitute other
councilmembers for this committee, should any member of the Public Works Committee
become unavailable to conduct this hearing. The hearing is to be held at the Council
Chambers at the Kent City Hall, Kent, Washington, at the hour of 4:00 p.m. on March,
23, 2004.
1 LID 353—Public Hearing Date
on Final Assessment Roll
i
2. Protests. Property owners wishing to file a protest about the amount of
the assessment must do so in writing and file any such protest with the City Clerk at,or
prior to, the public hearing. In order for a protest to be considered valid, it must include
proof that the property is not being benefited to the amount of the assessment. One form
of such proof would be an appraisal showing the value of the property before and after
construction of the improvements.
3. Board of Equalization— Recommendation. The Committee will sit as a
Board of Equalization for the purpose of considering such assessment roll and at such
hearing will consider objections and may consider such corrections or modifications to
the roll as may appear just and equitable. After the conclusion of the hearing, the
Committee will make recommendations for consideration by the whole City Council at a
regular meeting, and the Council shall then proceed to confirm the assessment roll by
ordinance.
4. Ratification and Confirmation. Ordinance 3619, and all acts prior to and
consistent herewith are hereby ratified and confirmed.
5. Effective Date. This ordinance shall take effect and be in force five (5)
days from and after its passage and publication as required by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
2 LID 353—Public Hearing Date
on Final Assessment Rol!
i
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of February, 2004.
APPROVED: day of February, 2004.
PUBLISHED: day of February, 2004.
1 hereby certify that this is a true copy of Ordinance No. passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
PaCiri110ROINANCELL10359-HearinBOaleFhal/esescEoc '..
I
I
3 LID 353—Public Hearing Date
on Final Assessment Roll
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
® Phone:253-856-5500
Fax: 253-856-6500
KENT Address: 220 Fourth Avenue S.
WASHINGTON
Kent,WA.98032-5895
DATE: January 28,2004
TO: Public Wor As Committee
FROM: Don in, Public Works Director
THROUGH: l
SUBJECT: Installation and connection charges inside city limits—Amending Kent City Code
section 7.02.160
MOTION: Recommend Council adopt the proposed ordinance that amends Ch. 7.02 of the
Kent City Code to clarify the installation and connection charges inside the City limits.
I
SUMMARY:
Kent City Code 7.02.160 (C) establishes installation and connection charges inside the City
limits, the proposed ordinance waives the additional system development charge for single
family residential homes in those instances where the fire marshal orders the installation of a fire
sprinkler system and that fire sprinkler system requires installation of a larger than three-quarters
inch meter.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND
Mayor White and Kent City Council 1 Amend City Code 7.02.160
January 28,2004
I
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, waiving the additional system
development charge established in Kent City Code section
7.02.160(C) for single-family residential homes only in
those instances where the fire marshal orders the
installation of a fire sprinkler system and that fire sprinkler
system requires installation of a larger than three-quarters
inch meter.
RECITALS
A. Kent City Code ("KCC") section 7.02.160 sets forth various installation
and connection charges assessed to those connecting to the City's water system.
i
B. In accordance with subsection (C) of KCC 7.02,160, a system
development charge is assessed to all who connect to the City's water system and that
charge is based upon the size of the meter installed to support the normal user
demand of the building being connected.
C. In issuing a building permit on certain single-family residential
developments, the City's fire marshal may require that a fire sprinkler system be
installed.
D. A three-quarter (3/4) inch meter is generally adequate to support a
single-family residential development; however, if the fire marshal requires that a fire
sprinkler system be installed, the addition ,of the sprinkler system may require
installation of a larger water meter.
1 System Development Charge
Single-family Residential—Fire Demand
I
i
I
E. In those instances where a meter larger than three-quarters ('/) of an
inch is needed solely to support the fire sprinkler system, it is the City Council's intent
that an applicant should not have to pay the additional system development charge
assessed for the larger meter, and that the applicant would only be assessed the
system development charge for a three-quarter (%) inch meter because the additional
water capacity would only be used in the event the sprinkler system were activated.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
1. Amendment. Section 7.02.160(C) of the Kent City Code is amended to
read as follows:
i
Sec. 7.02.160. Installation and connection charges inside city limits.
I
C. System development charge. The system development charge is as follows:
1. Two thousand six hundred dollars ($2,600) for each meter less than
one (1) inch in size.
2. Four thousand six hundred twenty-seven dollars ($4,627) for each one
(1) inch meter.
3. Ten thousand four hundred dollars ($10,400) for each one and one-half
(1 1/2) inch meter.
4. Eighteen thousand four hundred eighty-six dollars ($18,486) for each
two (2) inch meter.
5. Forty-one thousand five hundred ninety-four dollars ($41,594) for each
three (3) inch meter.
6. Seventy-three thousand nine hundred thirty-three dollars ($73,933) for
each four (4) inch meter.
7. One hundred fifteen thousand five hundred twenty-eight dollars
($115,528) for each five (5) inch meter.
2 System Development Charge
Single-family Residential-Fire Demand
8. One hundred sixty-six thousand three hundred seventy-six dollars
($166,376)for each six (6) inch meter.
9. Two hundred ninety-five thousand seven hundred eighty-six dollars
($295,786) for each eight (8) inch meter.
10. Four hundred sixty-two thousand one hundred sixty-two dollars
($462,162)for each ten (10) inch meter.
However, if (a) the City's fire marshal has required that in coniunction with the
Citv's issuance of a single-family residential building permit the applicant must install a
fire sprinkler system and (b) the need for a meter size greater than three-quarters (3/)
of an inch is based solely on the fire marshal's requirement that the sprinkler system
be installed the single-family residential permit applicant shall pay only the system
development charge listed above for a meter less than one inch in diameter. It is not
the Citv's intent to require an applicant to pay a higher system development charge
when the larger meter size is needed only in the unusual event of a fire demand rather
than for normal daily user demand.
2. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance.
3. Effective Date. This ordinance shall take effect and be in force thirty
(30) days from and after its passage as provided by law.
JIM WHITE, MAYOR
ATTEST:
i
i
BRENDA JACOBER, CITY CLERK
3 System Development Charge
Single-family Residential-Fire Demand
APPROVED AS TO FORM:
I�
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of February, 2004.
APPROVED: day of February, 2004.
i
PUBLISHED: day of February, 2004.
I hereby certify that this is a true copy of Ordinance No. passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P:ICIM..ONIN4NLflWeler5plemCeMpmnlLNeqFveOanena tl[e �
I
4 System Development Charge
Single-family Residential—Fire Demand