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