HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/20/2002 41
City of. Kent
City Council Meeting
Agenda
KENT
WASH I NGTON
Mayor Jim White
Councilmembers
Judy Woods, Council President
Tim Clark Julie Peterson
Connie Epperly Bruce White
Leona Orr RicoYingling
August 20, 2002
Office of the City Clerk
IL
SUMMARY AGENDA
KENT CITY COUNCIL MEETING
KEN T August 20, 2002
WASHINGTON Council Chambers
7:00 p.m.
MAYOR: Jim White COUNCILMEMBERS: Judy Woods, President
Tim Clark Connie Epperly Leona Orr
Julie Peterson Bruce White Rico Yingling
*********************************************************************************
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL �s*v
3. CHANGES TO AGENDA g 4,
A. FROM COUNCIL, ADMINISTRATION, OR STAFF — S
B. FROM THE PUBLIC —o K 05 r f a - Teat l e Pa�K
4. PUBLIC COMMUNICATIONS
A. Introduction of Appointees
B. Introduction of Chinese Exchange Students
C. Proclamation—Kent Crusaders Rugby Club
D. Presentation of ICMA Center for Performance Measurement Certificate of
Distinction
E. Kent Fire Department 2001 Annual Report
5. PUBLIC HEARINGS 4,;11 a.3
A. Street Vacation, Portion of Smith and Thompson Streets G� 'to
6. CONSENT CALENDAR
A. Minutes -Approval
B. Bills—Approval 6�(P
C. Local Improvement District No. 353, S. 228th Street Extension,Resolution
Setting Hearing Date on Formation-Adopt
D. Joint Trench Agreement, AT&T Broadband and Qwest—Authorize
E. S. 196th/200th Street West Leg King County Agreement, Supplement No. 5 —
Authorize and Amend Budget
F. 2003 Budget—Set Hearing Date for September 17
G. Capital Improvement Plan 2003-2008 —Set Hearing Date for September 17
H. Excused Absence for Council President Woods -Approve
I. Kent Station Infrastructure Grant—Accept, Authorize and Amend Budget
J. U.S. Department of Justice Grant Relating to Weapons of Mass Destruction—
Accept and Authorize
K. South County Journal Bill of Sale—Accept
L. Bayview Townhomes Bill of Sale—Accept
M. Drinking Driver Task Force Appointments—Confirm
7. OTHER BUSINESS
None
(continued next page)
SUMMARY AGENDA CONTINUED
8. BIDS
A. 104th Avenue Schedules I, II, and III
B. Mcqeef
9. REPORTS FROM STAND G COMMITTEES AND STAFF
10. REPORTS FROM SPECIAL COMMITTEES
11. CONTINUED COMMUNICATIONS POWA
12. EXECUTIVE SESSION -- Pe(jo (,► �'`
None
13. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the
Kent Library. The Agenda Summary page is on the City of Kent web site at
www.ci.kent.wa.us.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office in advance at
(253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at
1-800-833-6388.
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the subject of
interest, so all may be properly heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
PUBLIC COMMUNICATIONS
A) INTRODUCTION OF APPOINTEES
B) INTRODUCTION OF CHINESE EXCHANGE STUDENTS
C) PROCLAMATION-KENT CRUSADERS RUGBY CLUB
D) PRESENTATION OF ICMA CENTER FOR PERFORMANCE
MEASUREMENT CERTIFICATE OF DISTINCTION
E) KENT FIRE DEPARTMENT 2001 ANNUAL REPORT
Kent City Council Meeting
Date August 20, 2002
Category Public Hearings
1. SUBJECT STREET VACATION, PORTION OF SMITH AND THOMPSON
STREETS
2. SUMMARY STATEMENT: Resolution No. 1622 established August 20, 2002, as
the public hearing date for the application by Still Manor Kent, LLC, to vacate a
portion of Smith Street and Thompson Avenue. A staff report recommending denial is
included in the Council's packet.
3. EXHIBITS: Staff report and map
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
A. Councilmember moves, Councilmember seconds
to close the public hearing.
B. Councilmember moves, Coun/ththe
seconds
to approve/disapprove/modify the stendation of denial of the application to
vacate a portion of Smith Street and venue, as referenced in Resolution
No. 1622. If approved by City Counthe City Attorney to prepare the
necessary ordinance upon compliancnditions of approval.
DISCUSSION:
ACTION:
Council Agenda
Item No. 5A
A
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
KENTCharlene Anderson,AICP, Manager
Phone:253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
August 13, 2002
TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY
COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
RE: REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE
A PORTION OF SMITH STREET AND THOMPSON STREET
#STV-2002-3 (KIVA#2021891)
Hearing Date: August 20,2002
Recommendation: DENIAL
1. Name of Applicant
Mr. John Still
Still Manor Kent, LLC
320 Washington Avenue North
Kent, WA 98032
II. Reason for Requesting Street Vacation
The applicant requests the vacation in order to facilitate development of his site.
III. Background
The applicant proposes to vacate a portion of Smith Street and a portion of Thompson
Avenue, both of which are open for public use and maintained by the City. An 8-inch
diameter City sewer main exists within that portion of Smith Street that is proposed to be
vacated. The sewer main provides service to the properties requesting this vacation. A
6-inch diameter water line exists within both Smith Street and Thompson Avenue. Like
the sewer main, the water main provides service to the properties requesting this
vacation. More importantly, however, said mains are part of the City's looped network
system for the area, ensuring that fire flow capacity is there and available when needed.
Because Smith Street and Thompson Avenue are open public streets, properties along
their frontages presently enjoy access from either Washington Avenue or Meeker Street.
Were this proposed vacation approved, access to properties fronting on Smith Street
would be restricted to only Washington Avenue. Washington Avenue is a principal
#STV-2002-3 (KIVA#2021891)
Staff Report
Page 2
arterial and has an average daily traffic volume of 26,000 vehicles. The intersection of
Smith Street and Washington Avenue is not signalized. During the evening peak hour it
is not unusual for traffic on Washington Avenue to be backed up beyond James Street.
To force the properties fronting on Smith Street to only access off Washington Avenue
increases the congestion on Washington Avenue and increases the risks to motorists.
Furthermore,Washington Avenue between Meeker and James Streets, and Meeker Street
between Lincoln and Washington Avenues, have limited detour routes available to them.
Should an accident, incident or natural event (e.g., earthquake or storm-caused power
outage) occur that impairs the usability of the Washington Avenue and Meeker Street
intersection, or the Washington Avenue approach from Smith Street, or the Meeker Street
approach from Lincoln Ave without the Smith Street/Thompson Avenue connection,
there isn't a viable by-pass route.
This area is limited with respect to connecting streets. Connectivity has been and is a
significant issue with the City Council. As a result, staff now specifically reviews new
developments and redevelopments with respect to connectivity. Were this proposed
street vacation approved as presented, it runs counter to that direction.
The proposed street vacation, as presented, provides no cul-de-sac turnarounds for the
ends of what would become dead-end streets. Were the City in support of this vacation
and because the petitioner is requesting vacation of existing streets, the City would
normally require the petitioner to deed to the City the necessary off-site right of way for
said cul-de-sac turnaround and to construct same. It should be noted that the additional
property associated therewith, plus the construction thereof, probably would be no more
expensive than moving Thompson Avenue to the westerly side of the petitioner's
property and extending it through to Harrison Street from Smith Street, which is the
staff s preference for approving this vacation. Were that to occur, staff could support this
proposed street vacation as the issues of access, safety and connectivity would be
addressed. Because this doesn't seem to be an acceptable option to the petitioner, staff
recommends denial of this street vacation.
Qwest Corporation has telecommunication facilities on those portions of Smith Street and
Thompson Avenue within the proposed vacation area. Were the request for vacation
approved, Qwest will require an easement to cover these facilities.
IV. Staff Recommendation
Staff notified the following departments and agencies of this proposed street vacation.
■ Public Works Department
■ Police
■ Parks, Recreation and Community Services
■ Fire and Life Safety
■ Puget Sound Energy
■ Qwest
#STV-2002-3 (KIVA#2021891)
Staff Report
Page 3
■ Department of Transportation
■ METRO Transit Division
After a review of the comments received, the Planning Services Office recommends that
the request to vacate portions of Smith Street and Thompson Avenue, as described in
Resolution #1622 and as shown on the accompanying map, be DENIED. However, if
the City Council decides to approve the application, staff recommends the following
conditions:
1) The Applicant/Owner shall compensate the City in US currency for the full value of
the right of way being vacated. Monies received therefrom shall go into the school
pedestrian walkway fund (R20036)
2) The City retains easement rights over, under_and upon said property to be vacated for
its public utilities (storm drainage, sewer, and water)that therein either presently exist
or may exist in the future.
3) The City retains easement rights along with the rights to assign same to any private or
quasi private company such as power, gas, cable, telephone and so forth that has
existing utilities/facilities over, under and upon said property to be vacated.
4) The Applicant/Owner shall move Thompson Avenue to the westerly side of the
petitioner's property, acquire the additional property to extend it through to Harrison
Street from Smith Street, and deed all properties therefore to the City. Furthermore,
the petitioner shall construct the relocated Thompson Avenue to City standards. The
square footage of property deeded to the City for this relocated Thompson Avenue
shall be deducted from the amount of City right of way being vacated with the
petitioner just compensating the City for the difference. Should the new right of way
exceed that being vacated, then no compensation for the vacated right of way would
be required.
CA:\\M S\SDATA\Permit\Plan\vacations\2002\2021891-2002-3.doc
Enclosure—Map
cc: John Still
Jerry McCaughan,Property Manager
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6. City Council Action: CONSENT CALENDAR
Councilmember UUw moves, Councilmember
seconds to approve Consent Calendar Items A through M.
Discussion
Action
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of August 6, 2002.
6B. Approval of Bills.
Approval of payment of the bills received through July 31 and paid on July 31 after
auditing by the Operations Committee on August 6, 2002.
Approval of checks issued for vouchers:
Date Check Numbers Amount
7/31/02 Wire Transfers 1226-1235 $ 943,217.95
7/31/02 Prepays 536330 270517507.11
7/31/02 Regular 537211 3,669,542.12
$6,664,267.18
Approval of checks issued for payroll for July I through July 15 and paid on July 19,
2002:
Date Check Numbers Amount
7/19/02 Checks 261819-262197 $ 311,177.44
7/19/02 Advices 131756-132448 1,194,498.25
$19505,675.69
Approval of checks issued for payroll for July 16 through July 31 and paid on August 5,
2002:
Date Check Numbers Amount
8/5/02 Checks 262198-262571 $ 299,224.71
8/5/02 Advices 132449-133187 1,115,680.64
$1,414,905.35
Council Agenda
Item No. 6 A-B
0
•
K EN T Kent, Washington
W A S H I N O T O N
August 6, 2002
A special meeting of the Kent City Council was called to order
at 5 : 00 p.m. by Mayor White . Councilmembers present : Clark,
Epperly, Orr, Peterson, White, Woods, and Yingling. Others
present : Chief Administrative Officer Martin, City Attorney
Brubaker, Public Works Director Wickstrom, Community Development
Director Satterstrom, Finance Director Miller, and Information
Technology Director Mulholland. Approximately 20 people were in
attendance. (CFN-198)
CHANGES TO THE AGENDA
Mayor White removed Consent Calendar Item H from the
agenda, and asked anyone who is interested in serving on
the Kent Downtown Public Market Development Authority
Board to contact the Mayor ' s office . (CFN-198)
PUBLIC COMMUNICATIONS
Employee of the Month. Mayor White announced that Jim
Vinzant of the Housing and Human Services Division has
been chosen as August Employee of the Month. The Mayor
noted that Vinzant is the City' s Home Repair Coordinator,
and that he goes above and beyond the call of duty by
checking up on his clients and their families, and
ensuring they are well and adjusting to the improvements
his crew has made to their homes . He noted that Vinzant
recently worked with a paraplegic single father to
provide stabilizing devices which would prevent the
client from falling.
Vinzant ' s manager, Katherin Johnson, noted that he has
developed a heater loan program to provide heat in
emergency situations, and a domestic violence program in
which door locks are provided and installed. She
commended him and his crew for their efforts, and Mayor
White presented Vinzant with the Employee of the Month
plaque . (CFN-147)
AWC Municipal Award Certificates. Mayor White explained
that the Association of Washington Cities honors juris-
dictions who have shown a commitment to excellence by
developing an outstanding project or program that bene-
fits their community. He announced that the Public Works
Operations Division created a seven-step process for
implementing a successful performance based work plan
budgeting program, and presented a Certificate of
Achievement to Public Works Operations Manager Larry
Blanchard. He also presented a Certificate of
1
Kent City Council Minutes August 6, 2002
PUBLIC COMMUNICATIONS
Achievement to One Stop Permit Center Manager Christine
Nelson, noting that the opening of the permit center
has resulted in dramatic reductions to permit issuance
timelines and in substantial improvements to customer
service ratings . (CFN-198)
CONSENT CALENDAR
WOODS MOVED to approve Consent Calendar Items A through
F. Orr seconded and the motion carried. Item G was
removed from the Consent Calendar for discussion by
Councilmember Orr and Item H had been removed from the
agenda.
MINUTES
(CONSENT CALENDAR - ITEM 6A) (CFN-198)
Approval of Minutes. Approval of the minutes of the
regular Council meeting of July 16, 2002 .
BILL OF SALE
(CONSENT CALENDAR - ITEM 6D) (CFN-484)
Landmark Development Bill of Sale. Accept the Bill of
Sale for Landmark Development submitted by Bill Goodwin
for continuous operation and maintenance of 754 feet of
sanitary sewers, 663 feet of street improvements and
1045 feet of storm sewers, as recommended by the Public
Works Director. Bonds are to be released after the
maintenance period. This project is located at 25861
124th Avenue Southeast .
(CONSENT CALENDAR - ITEM 6E) (CFN-484)
Home Depot Bill of Sale. Accept the Bill of Sale for
Home Depot submitted by Home Depot - Kent Plaza for
continuous operation and maintenance of 40 feet of
watermain, 968 feet of street improvements and 80 feet
of storm sewers . Bonds are to be released after the
maintenance period, as recommended by the Public Works
Director. This project is located at 26120 104th Avenue
Southeast .
STREET VACATION
(CONSENT CALENDAR - ITEM 6C) (CFN-102)
Street Vacation, Temperance Street. Passage of
Resolution No. 1625 setting a public hearing date of
September 17th for the street vacation located along a
2
Kent City Council Minutes August 6, 2002
STREET VACATION
portion of Temperance Street, as recommended by Public
Works Committee.
PUBLIC WORKS
(CONSENT CALENDAR - ITEM 6F) (CFN-1231)
Lindental Pump Station. Accept the Lindental Pump pro-
ject as complete and release the retainage to Pivetta
Brothers Construction Company upon standard releases from
the state and release of any liens, as recommended by the
Public Works Committee . The original contract amount
was $1, 451, 601 . 90 . The final contract amount was
$1, 513 , 253 . 23 . Adequate funds exist within the project
budget to cover this overage .
(BIDS - ITEM 8A) (CFN-1271)
Pacific Highway South HOV Lanes 2002 Storm Drainage
Improvements. The bid opening for this project was
held on July 24th with ten bids received. The low bid
was submitted by SCI Infrastructure, LLC in the amount
of $1, 524 , 546 . 84 . The Engineer' s estimate was
$1, 823 , 240 .40 . The Public Works Director recommends
awarding this contract to SCI Infrastructure, LLC.
CLARK MOVED that the Pacific Highway S . HOV Lanes -
Storm Drainage Improvements (S. 272nd St . to S . 252nd
St . ) contract be awarded to SCI Infrastructure, LLC for
the low bid amount of $1, 524, 546 . 84 . Yingling seconded
and the motion carried.
(BIDS - ITEM 8B) (CFN-1038)
2nd Avenue Extension. The bid opening for this project
was held on July 29th with two bids received. The low
bid was submitted by R. W. Scott Construction Co. in the
amount of $751, 123 .75 . The Engineer' s estimate was
$634, 906 . 21 . The Public Works Director recommends
awarding this contract to R. W. Scott Construction Co.
CLARK MOVED that the 2nd Avenue Extension - West
Temperance Street to 4th Avenue North contract be
awarded to R. W. Scott Construction Co. for the low bid
amount of $751, 123 . 75 . Peterson seconded. Wickstrom
explained that the reason the bid was higher than the
estimate is because there were only two bids, and that
some contractors did not bid due to the hazardous waste
removal involved. The motion then carried.
3
Kent City Council Minutes August 6, 2002 40
AGRICULTURAL LANDS
(CONSENT CALENDAR - ITEM 6G) (CFN-131)
(REMOVED AT THE REQUEST OF COUNCILMEMBER ORR)
Agricultural Lands Amendment Ordinances. Adoption of
Ordinance Nos . 3611 and 3612 implementing comprehensive
plan and zoning designations for property designated
Agricultural (A-1) , Agricultural General (AG) , and Medium
Density Multifamily Family Residential (MR-M) on the
City' s valley floor; amending the following text portions
of the Kent City Code regarding agricultural lands :
Section 15 . 02 .487 relating to single family zoning dis-
tricts; Section 15 . 03 . 010 relating to the establishment
and designation of zoning map districts; Chapter 15 . 04
relating to district regulations; Section 15 . 06 . 050
relating to sign regulations; Chapter 15 . 07 relating to
landscaping regulations; Chapter 15 . 08 relating to
general and supplementary zoning regulations; and amend-
ing the City of Kent Comprehensive Plan' s definitions of
Agricultural and adding an Agricultural Support designa-
tion, EXCEPT that Councilmember ORR MOVED to amend the
motion that was adopted on July 16, 2002 regarding
Comprehensive Plan and Zoning designations for the
agricultural study area as follows : that in regard to
King County tax parcel numbers 2322049036 and 2322049076
in the central study area the zoning designation of
Medium Density Multifamily Residential (MR-M) shall
remain unchanged and the comprehensive plan designation
shall change to Medium Density Multifamily (MDMF) to be
consistent with the existing zoning designation. Woods
seconded.
City Attorney Brubaker explained that in the middle study
area, a couple of tax parcels were down zoned from medium
density multifamily to single family one-unit residen-
tial . He said the substitute ordinance which he provided
takes the two medium density multifamily tax parcels and
retains their medium density zoning status. He explained
the changes to the ordinance and exhibits in the agenda
packet .
The motion carried.
4
Kent City Council Minutes August 6, 2002
FINANCE
(CONSENT CALENDAR - ITEM 6B) (CFN-104)
Approval of Bills . Approval of payment of the bills
received through July 15 and paid on July 15 after
auditing by the Operations Committee on July 16, 2002 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
7/15/02 Wire Transfers 1213-1225 $1, 276, 615 . 31
7/15/02 Prepays & 535739 1, 125, 610 . 74
7/15/02 Regular 536329 1, 846, 170 . 89
$4 , 248, 596 . 94
REPORTS
Council President. Woods reminded Council members and
citizens that the Kent Station project will commence
next Tuesday at 11 : 00 with the Second Avenue extension
groundbreaking and invited everyone to attend.
Operations Committee. Yingling noted that today' s
meeting was cancelled and the next meeting will be held
on August 20 at 4 : 00 p.m.
Planning Committee. Orr noted that the next meeting will
be held at 3 : 00 p.m. on September 17 .
Parks Committee. Woods noted that the August 12 meeting
has been cancelled.
ADJOURNMENT
At 5 :21 p.m. , WOODS MOVED to adjourn. Orr seconded and
the motion carried.
tenda Jacob CMC
City Clerk
5
Kent City Council Meeting
Date August 20, 2002
Category Consent Calendar
1. SUBJECT: LOCAL IMPROVEMENT DISTRICT NO. 353, S. 228TH STREET
EXTENSION, RESOLUTION SETTING HEARING DATE ON
FORMATION—ADOPT
2. SUMMARY STATEMENT: As recommended by Public Works Committee,
passage of Resolution No. a to setting a public hearing date of September 17th for
the LID formation.
3. EXHIBITS: Public Works Director memorandum,vicinity map and resolution
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
• ACTION:
Council Agenda
Item No. 6C
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone: 253-856-5500
01-11'�IKENT Fax- 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S
Kent,WA 98032-5895
Date: August 5, 2002
To: Pub 'cWorks Committee
From: Don ickstrom, Public Works Director
Subject: LID 353 —Resolution of Intent
S. 228th Street Extension - 54th Avenue S. to Kent-Des Moines Road(SR-516)
BACKGROUND
For over 15 years, regional plans have identified South 228th Street as a major arterial route in the
center of the Kent valley. Construction of the South 228th Street Extension will connect the South
228th Street Corridor with I-5 and provide a much needed east-west access route from East Valley
Highway to Military Road and 1-5.
Presently, the lack of an adequate east-west arterials stem results in severe traffic congestion
q Y g
during peak hours. The only current access to I-5 from this area is by Meeker Street and SR-516.
The City completed the EIS for the proposed project last summer. The City Council approved the
EIS during December 2001 and directed the City staff to proceed with the project.
On June 13, 2002, Engineering staff met with some of the property owners from The Lakes
development regarding the need for a noise wall. The residents just east of the Green River on the
south side of S. 228th Street expressed concern regarding noise increases from the increased traffic
flow on the proposed roadway. On July 16, 2002 the Council directed staff to include a noise wall
in the project design.
The City has been working to obtain grant funds to pay a share of the project costs. It is proposed a
portion of the project cost will be paid with property assessments financed by formation of Local
Improvement District #353. The grant funds are contingent on a local match so the City must begin
the L.I.D. formation process for the new corridor as soon as possible. The first step in the L.I.D.
process is to hold an informal meeting with property owners to discuss the project and the
financing.
The informal meeting was held on July 25, 2002. Approximately 2,600 property owners within the
L.I.D. boundary were notified of the meeting.
PROPOSED IMPROVEMENTS
The proposed project will extend S. 228th Street from 54th Avenue S. to Kent-Des Moines Road
(SR-516).
The project includes the following improvements on S.228th Street and Military Road:
1. Construct a new 5-lane, minor arterial street between 54th Ave. S. and SR-516 (via Military
Road) which includes a bridge over the Green River.
2. Improve Military Road to 5-lanes from the new intersection with 228th to SR-516.
3. Concrete curbs, gutter and sidewalks or paved shoulders
4. Installation of a noise wall along The Lakes.
5. New traffic signal at Military Road/SR-516.
6. Storm drainage
7. Upgrades to the existing illumination system.
8. Sidewalks and street lighting in areas where none exist between 54th Ave. S. and the BNSF RR.
9. Wetland mitigation
10. New eastbound to northbound left-turn at 72nd Ave. S.
11. Various frontage improvements to complete minor arterial section.
12. Sanitary sewer near Military Road.
The following improvements will be included on 76th Avenue South/4th Avenue South:
1. Sidewalks in areas where none exist in the vicinity of 228th St.
2. Street illumination system in areas where none exist in the vicinity of 228th St.
PROJECT FUNDING
It is proposed that the project be funded 55.00%by LID 353. The current cost estimate is as
follows:
Total Project Cost $29,000,000
Funding:
City/Grant Funds $13,050,000
LID Funds $15,950,000
Total $29,000,000
LID share of project cost $14,500,000
LID financing and guarantee fund $1,450,000
LID Total $15,950,000
INFORMAL MEETING
Staff conducted a public meeting for the property owners within the boundaries of L.I.D. 353 on
July 25, 2002 from 3:00 pm to 7:00 pm. The meeting was held at this time to allow business
owners, as well as residential property owner's time to come in to discuss the L.I.D. and the
preliminary estimate of their assessments at a time conducive to their schedules.
Approximately 100 people attended the meeting during this time period. The majority of attendees
were condominium owners within The Lakes area and adjoining condominium complexes. Public
Works staff, as well as the appraiser/consultant were present to answer property owner's questions
regarding how their individual assessments were derived, as well as general questions on the L.I.D.
process itself. Most of the questions centered around the L.I.D. process, although a few individuals
questioned the need for the project. A number of individuals were frustrated over the lack of
notification from their seller when they bought the property, and their lack of understanding of the
Title Report information.
We will follow-up on additional comments or questions received and will continue to maintain a
liaison with the property owners during the L.I.D. process.
The next step in this process will be for the Council to schedule a public hearing for the L.I.D.
MOTION:
Recommend Council adoption of the Resolution of Intent for the creation of L.I.D. 353 which sets
September 17, 2002 as the public hearing date on the said L.I.D. formation.
SIGEST
T,•w,rk,s,�, R •••t
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" S. 228th. Street Extension
w 54th. Ave. S. To Kent DesMoines Rd
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Scale: I � L�OOO• W A 5 11 I N O T O N
Last Update July 23,2002
CITY OF KENT,WASHINGTON
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Kent, Washington,
declaring its intention to order the construction of the South 228th Street Extension
with a bridge over the Green River, from 54th Avenue South to Military Road,
additional improvements to Military Road, sanitary sewer improvements between
42"d Avenue South and Military Road and sidewalk and street lighting on 76th
Avenue South/41h Avenue North between South 2201h Street and SR 167 and to
create a local improvement district to assess a part of the cost and expense of
carrying out those improvements against the properties specially benefited thereby,
and notifying all persons who desire to object to the improvements to appear and
present their objections at a hearing before the City Council to be held on
September 17,2002.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, as follows:
Section 1. It is the intention of the City Council of the City of Kent, Washington, to order
the improvement of the properties within the area described in Exhibit A, attached hereto and b
p p P Y
this reference made a part hereof, by the construction of the South 228th Street Extension with a
bridge over the Green River, from 541h Avenue South to Military Road, additional improvements
to Military Road, sanitary sewer improvements between 42nd Avenue South and Military Road
and sidewalk and street lighting on 76th Avenue South/41h Avenue North between South 220th
Street and SR 167, as more fully described in Exhibit B, attached hereto and by this reference
made a part hereof.
All of the foregoing improvements shall be in accordance with the plans and specifications
therefor prepared by the Director of Public Works of the City and may be modified by the City as
long as that modification does not affect the purpose of the improvements.
Section 2. The total estimated cost and expense of the improvements is declared to be
0 $29,000,000 and approximately $13,050,000 of that cost and expense shall be paid by the City
and the balance thereof(an estimated $15,950,000) shall be borne by and assessed against the
property specially benefited by the improvements to be included in a local improvement district
to be established embracing as nearly as practicable all the property specially benefited by the
improvements. Actual assessments may vary from estimated assessments as long as they do not
exceed a figure equal to the increased true and fair value the improvements add to the property.
Section 3. The City Clerk is authorized and directed to give notice of the adoption of this
resolution and of the date, time and place fixed for the public hearing to each owner or reputed
owner of any lot, tract, parcel of land or other property within the proposed local improvement
district by mailing such notice at least fifteen days before the date fixed for public hearing to the
owner or reputed owner of the property as shown on the rolls of the King County Assessor at the
address shown thereon, as required by law.
This resolution also shall be published in its entirety in at least two consecutive issues of the
official newspaper of the City, the date of the first publication to be at least 15 days prior to the date
fixed for the public hearing.
Section 4. All persons who may desire to comment in support of or object to the
improvements are notified to appear and present those comments or objections at a hearing
before the City Council to be held in the Council Chambers in the City Hall in Kent,
Washington, at 7:00 p.m. on September 17, 2002, which time and place are fixed for hearing all
matters relating to the improvements and all comments thereon and objections thereto and for
determining the method of payment for the improvements. All persons who may desire to object
thereto should appear and present their objections at that hearing. Any person who may desire to
file a written protest with the City Council may do so within 30 days after the date of passage of
the ordinance ordering the improvements in the event the local improvement district is formed.
The written protest should be signed by the property owner and should include the legal
50337943 01 -2-
description of the property for which the protest is filed and that protest should be delivered to
the City Clerk.
Section 5. The City's Director of Public Works is directed to submit to the City Council
on or prior to September 17, 2002, all data and information required by law to be submitted.
Passed at a regular open public meeting by the City Council of the City of Kent,
Washington,this 20t'day of August, 2002.
Concurred in by the Mayor of the City of Kent this day of August,2002.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPRO D A FO
FOS P ER&SHEFELMAN PLLC
Special Counsel and Bond Counsel
50337943 01 -3-
EXHIBIT "A"
LID 353
S. 228`h STREET EXTENSION
(54TH AVENUE S TO KENT-DES MOINES ROAD [SR-516])
BOUNDARY LEGAL DESCRIPTION
THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M. IN KING COUNTY, WASHINGTON, EXCEPT ANY PORTIONS LYING
WITHIN THE PLAT OF PACIFIC GATEWAY BUSINESS PARK, VOLUME 197 OF
PLATS PAGES 62 THROUGH 71, RECORDS OF KING COUNTY, WASHINGTON;
AND THAT PORTION OF THE SOUTHWEST QUARTER IN SAID SECTION 2, LYING
EAST OF 59TH PLACE SOUTH, EXCEPT ANY PORTION LYING WITHIN SAID PLAT;
AND ALSO, THAT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 2,
LYING SOUTH OF SOUTH I99TH PLACE AND EAST OF SAID PLAT;
AND ALSO, THAT PORTION OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M. IN IQNG COUNTY, WASHINGTON, LYING SOUTH OF SOUTH 212T"
STREET AND WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-
WAY;
AND ALSO, ALL OF SECTION 11, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. IN
IQNG COUNTY, WASHINGTON; EXCEPT ANY PORTIONS LYING WITHIN THE
PLAT OF PACIFIC GATEWAY BUSINESS PARK, VOLUME 197, OF PLATS PAGES 62
THROUGH 71, AND EXCEPT ANY PORTION OF SAID SECTION 11 LYING WEST OF
RUSSELL ROAD SOUTH AND NORTH OF SOUTH 212 TH STREET;
AND ALSO, ALL OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. IN
KING COUNTY, WASHINGTON, EXCEPT THAT PORTION OF THE SOUTHWEST
QUARTER OF SAID SECTION 14 LYING SOUTHERLY OF THE GREEN RIVER;
AND ALSO, THAT PORTION OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M. IN IQNG COUNTY, WASHINGTON, LYING NORTH OF JAMES STREET
AND NORTHWESTERLY OF SR 167; AND WEST OF THE BURLINGTON
NORTHERN RAILROAD RIGHT-OF-WAY;
AND ALSO, LOTS 1, 2, AND 3 OF WILDFLOWER SHORT PLAT #SP-95-5
RECORDED UNDER KING COUNTY RECORDING NO. 9506280862 LOCATED IN A
PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY,
WASHINGTON;
AND ALSO, LEXINGTON PARK CONDOMINIUM RECORDED IN VOLUME 130 OF
CONDOMINIUMS, PAGES 19 THROUGH 23, IN IQNG COUNTY, WASHINGTON;
AND ALSO, LOTS 1, 2, 3 AND 4 OF I(-MDB SHORT PLAT #SP-96-34 RECORDED
UNDER IQNG COUNTY RECORDING NO. 9707289008, BEING A PORTION OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. IN IQNG COUNTY, WASHINGTON;
AND ALSO, THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 10,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN IQNG COUNTY, WASHINGTON,
LYING SOUTH OF SOUTH 212TH STREET; AND LYING EAST OF 42ND AVENUE
SOUTH;
AND ALSO, THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER
OF SAID SECTION 10, LYING SOUTHWESTERLY OF 37TH PLACE SOUTH AND
SOUTHEASTERLY OF 40TH PLACE SOUTH;
AND ALSO, THE SOUTHEAST QUARTER OF SAID SECTION 10;
AND ALSO, SKYLINE PARI< CONDOMINIUM RECORDED IN VOLUME 75 OF
CONDOMINIUMS, PAGES 21 THROUGH 24; IN KING COUNTY, WASHINGTON;
AND ALSO, LOTS 13 AND 25 IN RICHARDS GRANDVIEW TRACTS
(UNRECORDED);
AND ALSO, THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 15
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON,
LYING EASTERLY AND NORTHEASTERLY OF STATE ROUTE 516, EXCEPT THE
SOUTH 408.00 FEET THEREOF;
AND ALSO, THE NORTHEAST QUARTER OF SAID SECTION 15; AND ALSO THAT
PORTION OF THE SOUTHWEST QUARTER OF SAID SECTION 15, LYING
NORTHERLY OF STATE ROUTE 516 AND EASTERLY OF INTERSTATE HIGHWAY
NUMBER 5 (AKA) PRIMARY STATE HIGHWAY NUMBER 5;
AND ALSO, THAT PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 15, LYING SOUTH OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION 15, WHICH POINT LIES 701,00
FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION 15, BEING THE TRUE POINT OF
BEGINNING OF LINE HEREIN DESCRIBED;
THENCE WEST A DISTANCE OF 190 FEET;
THENCE NORTH PARALLEL WITH THE EAST LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF
5 7 FEET;
THENCE WEST PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15, TO A POINT
WHICH LIES 18 FEET SOUTH AND 200 FEET EAST OF THE CENTERLINE OF SAID
OLD MILITARY ROAD;
THENCE NORTH PARALLEL WITH THE WEST LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15, A DISTANCE OF
18 FEET;
THENCE WEST PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15, TO A POINT OF
INTERSECTION WITH THE WESTERLY MARGIN OF SAID OLD MILITARY ROAD;
THENCE NORTHERLY ALONG SAID WESTERLY MARGIN TO A POINT OF
INTERSECTION WITH THE SOUTH LINE OF THE NORTH 460.00 FEET OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15;
THENCE WEST PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15, TO THE
EASTERLY LINE OF SAID INTERSTATE HIGHWAY NUMBER 5, BEING THE
TERMINUS OF LINE HEREIN DESCRIBED;
AND ALSO, THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER
OF SAID SECTION 15, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
15;
THENCE SOUTH TO THE SOUTHWEST CORNER THEREOF;
THENCE EAST ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 275.00 FEET;
THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 15, TO A POINT ON THE SOUTH LINE
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER IN SAID
SECTION 15;
THENCE WEST ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 45.26 FEET;
THENCE SOUTH 4002l'00" WEST A DISTANCE OF 203.85 FEET;
THENCE SOUTH 00057'00" EAST A DISTANCE OF 93.00 FEET;
THENCE SOUTH 75000'00" WEST A DISTANCE OF 167.4 FEET;
THENCE SOUTH 20000'00" EAST A DISTANCE OF 32.72 FEET;
THENCE SOUTH 88028'00" WEST TO A POINT ON THE WEST LINE OF THE EAST
HALF OF THE NORTHWEST QUARTER OF SAID SECTION 15;
THENCE SOUTH ALONG THE WEST LINE THEREOF TO THE SOUTHWEST
CORNER OF SAID EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION
15;
THENCE EAST ALONG THE SOUTH LINE THEREOF TO THE SOUTHEAST CORNER
OF SAID EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 15;
THENCE NORTH ALONG THE EAST LINE OF SAID EAST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 15, TO THE NORTHEAST CORNER
THEREOF;
AND ALSO, LOTS 1 AND 2 OF WESTERN ESTATES SHORT PLAT #SP-80-9
RECORDING #8009100829, AND CORRECTED BY RECORDING #8010080590;
EXCEPT ANY PORTIONS OF ALL THE PROPERTY DESCRIBED HEREIN LYING
WITHIN PUBLIC RIGHT-OF-WAYS, WATERWAYS, AND KING COUNTY DRAINAGE
DISTRICT RIGHT-OF-WAYS.
EXHIBIT "B"
LID 353
S. 228`h STREET EXTENSION
(54TH AVENUE S. TO KENT-DES MOINES ROAD [SR-516])
PROPOSED S. 228TH STREET EXTENSION
The proposed L.I.D. will construct the South 228`h Street Extension with a
bridge over the Green River, from 54`' Avenue South to Military Road, and
additional improvements to Military Road to accommodate the new roadway.
The new roadway will be 5 lanes with turning lanes at major intersections.
Sidewalks will be placed along both sides of the roadway with street lighting
and street trees where practical. Storm drainage will be constructed as
necessary. 42"d Avenue South will be constructed from its existing terminus in
the Riverview Community to South 228`h Street.
PROPOSED SANITARY SEWER EXTENSION
The proposed L.I.D. will also include a sanitary sewer in the S. 228`h Street
extension between 42"d Avenue South and Military Road to serve properties on
the west hill.
PROPOSED 76TH AVENUE SOUTH/4TH AVENUE NORTH IMPROVEMENTS
The proposed L.I.D. will also include sidewalks and street lighting on 76"
Avenue South / 41h Avenue North between S. 220' Street and SR 167 along
properties that currently do not have these improvements.
The project will be constructed over a 3-year period between 2004 and 2006.
An environmental impact statement has been completed on the project.
Topographic survey of project location, project design, right-of-way and permit
acquisitions are underway. The estimated completion date is December 2006.
I, BRENDA JACOBER, City Clerk of the City of Kent, Washington, certify that the
attached copy of Resolution No. is a true and correct copy of the original resolution
adopted on the 20th day of August,2002, as that resolution appears on the Minute Book of the City.
DATED this day of August,2002.
BRENDA JACOBER, City Clerk
50337943 01
Kent City Council Meeting
Date August 20, 2002
Category Consent Calendar
1. SUBJECT: JOINT TRENCH AGREEMENTS, AT&T BROADBAND AND
QWEST—AUTHORIZE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorization for the Mayor to sign two joint trench agreements, one with AT&T
Broadband and the other with Qwest, for the purposes of constructing a joint trench to
include the City, Qwest, AT&T and PSE facilities on 4th Avenue from north of Smith
Street to James Street, (boring under James St. for PSE and AT&T facilities) and on 1 st
Ave. from Temperance St. to James St.
3. EXHIBITS: Public Works Director memorandum and joint trench agreements
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6D
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500
K E N• T Fax: 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: August 5, 2002
To: Public Works Co ittee
From: Don Wickstro , ublic Works Director
Regarding: Joint Trench Agreements
AT&T Broadband and Qwest
The attached joint trench agreements between Kent and Qwest and AT&T are for the purposes of
constructing a joint trench to include the City, Qwest, AT&T and PSE facilities on 4th Ave. from
north of Smith Street to James St., which includes borings under James St. for PSE and AT&T
facilities, and on 0 Ave. from Temperance St. to James St. The agreement covers required
coordination with the City's contractor, compensation, changes during construction,
indemnification and other items. We are requesting Council authorization for the Mayor to sign the
joint trench agreements.
MOTION:
Recommend Council authorization for the Mayor to sign the joint trench agreements subject to the
City Attorney and the Public Works Director concurring with the language therein.
JOINT TRENCH AGREEMENT
THIS AGREEMENT, is entered into between the City of Kent, a Washington municipal
corporation ("City"), and TCI Cablevision of Washington, Inc., a Washington corporation a/k/a
AT&T Broadband, ("ATTY).
RECITALS
WHEREAS, the City is making right-of-way improvements to 4th Avenue North and I"
Avenue North.
WHEREAS, it is the City's belief that, pursuant to local ordinance and the franchise
agreement, these right-of-way improvements require ATTB to underground its facilities that are
currently located above ground and owned by the parties to this Agreement.
WHEREAS, relocation requires trenching within the right-of-way and the parties
recognize the efficiencies of entering into an agreement whereby one trench will be dug for all of
the parties to relocate their facilities into.
AGREEMENT
To facilitate construction of a joint trench,the parties agree as follows:
I. SCOPE OF WORK
The City of Kent will send out for bid and enter into a contract for the construction of a
trench to include the City, Qwest, ATTB, and PSE facilities. This trench will be placed along
the east side of 4th Avenue North from the north end of the Bank of America real property
located at 311 —4th Avenue North (King County tax parcel number 714280-0021-02) to James
Street and will include borings under James Street to the northeast comer of the 0 Avenue
North/James Street intersection. The trench will also be constructed along the west side of I"
Avenue North from West James Street to West Temperance Street.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work shall be referred to as
"the contractor" in this Agreement. The contractor, pursuant to contract with the City, shall
excavate the trench, install City facilities, accommodate and coordinate the installation of other
utilities, install the bedding material, backfill and compact the trench, provide the necessary
borings under James Street and perform any restoration required by the City. The City
represents that any such contract shall further require of contractor that the work be conducted in
conformity with(i) the applicable procedures and requirements of the parties as described herein;
(ii) all applicable laws, ordinances and regulations of any governmental authority, and; (iii) all
applicable terms and provisions of the National Electric Safety Code, as may be amended,
JOINT TRENCH AGREEMENT—Page 1 of 10 (July 30, 2002)
(between City of Kent and AT&T Broadband)
supplemented or replaced from time to time, including but not limited to those pertaining to
10 protection and separation of conductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
A. Drawings. ATTB shall provide engineering drawings to the City and obtain a
permit from the City for the underground relocation of their facilities. These drawings shall
show in detail the location and elevation of the conduits, trench, and vaults, and shall include a
traffic control plan.
B. Installation. ATTB shall be responsible for supplying and installing within the
open trench their own facilities, including all conductors, vaults and conduits. All right, title and
interest in the facilities and associated equipment shall at all times remain with ATTB. Parties
hereto acknowledge and agree that ATTB shall in no event be required to remove their
respective, affected aerial facilities prior to completion of the underground facilities accordance
with this Agreement, and so long as said installation is completed in conformity with this
Agreement.
C. Traffic Control. ATTB shall be responsible for providing any required traffic
control during the installation of their own facilities, which may be required specifically for the
installation of its facilities.
D. ATTB Coordination. ATTB shall maintain continued coordination with the
contractor regarding the installation of ATTB's facilities. This coordination shall include but not
be limited to the following:
1. Timing of when and where materials will be delivered on-site.
2. Time and duration of work including project trenching schedule by
ATTB's contractor to install facilities in the trench. Once the contractor has given
forty-eight (48) hours notice to ATTB that the trench will be available, ATTB
shall abide by the following schedule:
a. ATTB shall be given three (3) working days, starting from the time
the trench is actually available to ATTB contractors, to install their
facilities in the trench, including the placement of vaults, on 4th
Avenue North.
b. ATTB shall be given two (2) working days, starting from the time
the trench is actually available to ATTB contractors, to install their
facilities in the trench, including vaults, on I" Avenue North
between James Street and Temperance Street.
3. Location of where ATTB's contractor will begin the work.
4. Coordination with other utility companies included in the joint trench for
the placement of conduit and vaults. This may include the stacking of conduits
with another utility, locating conduits below or around other vaults, and
placement of vaults around other conduits.
F. Surveys. The City will provide the survey for the location of the trench. ATTB
shall provide the survey for their own vaults.
JOINT TRENCH AGREEMENT—Page 2 of 10 (July 30, 2002)
(between City of Kent and AT&T Broadband)
G. As-built. ATTB shall provide the City with a certified as—built drawing of the
location of the vaults by a licensed PLS.
H. Election Not to Proceed. If ATTB elects not to proceed with joining in the trench
provided by the contractor, ATTB shall remain liable for completing all work within the
approved permit at the time frame specified on the permit.
4. COMPENSATION
A. Trench costs. ATTB agrees to pay the City a portion of the trench costs,
including any restoration, commensurate with their proportionate share of trench usage as shown
in Exhibit A attached hereto and incorporated by this reference. Restoration shall be as near as
practicable to the original condition of the site, and where applicable including permanent
pavement patches; replacement, in-kind, of existing curb, gutter and sidewalks; hydroseeding of
grass areas; and placing of straw mulch on bare ground. Preliminary trench costs will be agreed
upon prior to construction based on an estimate from the bid accepted by the City. Trench costs
will be finalized after completion of construction to account for actual construction costs.
B. Additional Expenses. ATTB agrees to pay their share of any additional expenses
incurred in providing the trench due to any overexcavation required or any other unforeseen
conditions, including any additional trench width or depth attributable to errors in ATTB's
design or conflicts not accounted for in ATTB's design.
C. Claims by Contractor. ATTB agrees to pay the entire cost of any claims made by
the contractor that are proximately caused by ATTB. These claims may include delays caused
by installing ATTB facilities, delays caused by ATTB providing materials, or any other conflicts
between the contractor and ATTB's contractor.
D. Vaults. ATTB agrees to pay for the excavation for their vaults separately and in
addition to any trench costs discussed above. These additional costs shall be preliminarily
determined from the bid price accepted by the City. ATTB will also be responsible for any
additional costs incurred in excavating for their vaults such as overexcavation or any other
unforeseen conditions. The cost to excavate for ATTB's vaults will be finalized after completion
of construction to account for actual construction costs.
E. Invoice. ATTB agrees to pay the City within forty-five (45) days of being
invoiced by the City for amounts that the City has been invoiced by the contractor and which
ATTB has agreed to pay under this Agreement.
F. Defective or Unauthorized Work. Per the terms of the agreement between the
City and contractor, ATTB reserves the right to withhold payment from the City for any
defective or unauthorized work performed by the contractor. Defective or unauthorized work
includes, without limitation: work and materials that do not conform to the requirements of this
Agreement, and extra work and materials furnished without ATTB's written approval. If for any
reason it is necessary to satisfactorily complete any portion of the work,ATTB may complete the
JOINT TRENCH AGREEMENT—Page 3 of 10 (July 30, 2002)
(between City of Kent and AT&T Broadband)
work using its own means and the contractor shall be liable to ATTB for any additional costs
incurred by ATTB. "Additional costs" shall mean all reasonable costs, including legal costs and
attorney fees, incurred by the parties beyond the price included in the bid accepted by the City.
ATTB further reserve the right to offset the cost to complete the work, including any additional
costs, from any and all amounts due or to become due the contractor.
G. Final Payment/Waiver of Claims. The making of final payment by the parties
shall constitute a waiver of claims by the contractor, except those previously and properly made
and identified by the contractor as unsettled at the time request for final payment is made.
5. CHANGES.
ATTB shall submit any changes requested to be performed by the City's contractor to the
City. The City shall submit this to the contractor; obtain a price from the contractor to perform
the work, and notify ATTB of this price. Prices supplied by the contractor for ATTB change
orders shall be in conformance with the 25% limit in subsection 1-04.4 of the WSDOT Standard
Specifications. ATTB shall have 24 hours from receiving the price from the City within which
to respond. If ATTB chooses not to accept the contractor's price then this work shall only be
performed by ATTB according to a mutually agreed upon schedule with the contractor so as not
to cause delay to the contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnify and hold the other party, their officers, officials,
employees and agents harmless from any and all claims, injuries, damages, losses or suits
including all legal costs and attorney fees, arising out of or in connection with the performance
of the party's work required under this Agreement, except for injuries and damages caused by
the negligence or willful misconduct of the other party.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the parties, their
officials, employees and agents, a party's liability hereunder shall be only to the extent of the
party's negligence. The provisions of this section shall survive the expiration or termination of
this Agreement.
No party,directly or indirectly, shall create or impose any lien on the property of another,
or on the rights or title relating thereto, or any interest therein, or in this Agreement. Each party
shall promptly, at its own expense, take such action as may be necessary to duly discharge any
lien created by it on the property of another.
7. INSURANCE.
The contract between the City and the contractor shall require that the contractor procure
and maintain for the duration of the project insurance of the types and in the amounts described
below against claims for injuries to persons or damage to property which may arise from or in
JOINT TRENCH AGREEMENT—Page 4 of 10 (July 30, 2002)
(between City of Kent and AT&T Broadband)
connection with the performance of the work by the contractor, its agents, representative,
employees, subconsultants or subcontractors.
1. Automobile Liability insurance with limits no less than $1,000,000
combined single limit per accident for bodily injury and property damage;
and
2. Commercial General Liability insurance written on an occurrence basis
with limits no less than $1,000,000 combined single limit per occurrence
and general aggregate for personal injury, bodily injury and property
damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations/broad form property damage;
explosion, collapse and underground(XCU); and employer's liability.
3. Excess Liability insurance with Iimits not less than $1,000,000 per
occurrence and aggregate.
Any payment of deductible or self insured retention shall be the sole responsibility of
the contractor. The parties, their officials, employees, agents and volunteers shall be named as
additional insureds on the insurance policy, as respects work performed by or on behalf of the
parties and a copy of the endorsement naming the parties as additional insured shall be attached
to the Certificate of Insurance, copies of which shall be provided to the parties prior to
commencement of construction by the contractor. The contractor's insurance shall contain a
clause stating that coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respects to the limits of the insurer's liability.
8. FRANCHISE AGREEMENT.
The City and ATTB agree that as to future projects, by entering into this Agreement,
neither party has waived any rights it may have under the existing franchise agreement between
the City and ATTB, and the City and ATTB expressly herein reserve such rights.
Notwithstanding anything in this Agreement to the contrary, ATTB's participation in the joint
trench activity contemplated in this Agreement shall in no event be construed as acceptance,
affirmation or ratification of the City's construction of ATTB's obligation to underground
pursuant to the franchise agreement.
9. MISCELLANEOUS.
A. Compliance with Laws. The parties shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this Agreement.
B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in one or
more instances, shall not be constructed to be a waiver or relinquishment of those terms and
rights and they shall remain in full force and effect
JOINT TRENCH AGREEMENT—Page S of 10 (July 30,2002)
(between City of Kent and AT&T Broadband)
C. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Washington. If any dispute arises between the parties or between
any party and the contractor under any of the provisions of this Agreement, resolution of that
dispute shall be available only through the jurisdiction, venue and rules of the King County
Superior Court,King County, Washington.
D. Attorneys Fees. To the extent not inconsistent with RCW 39.04.240, in any
claim or lawsuit for damages arising from the parties' performance of this Agreement, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit; however, nothing in this subsection shall limit a party's right
to indemnification under Section 8 of this Agreement.
E. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of this Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery,but in any event three (3) calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if
sent to the addressee at the address stated on this Agreement.
F. Modification. No waiver, alteration, or modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by a duly authorized representative
of each of affected party.
G. Severability. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portion of this Agreement and the remainder shall remain in full force and effect.
H. Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have
the power or authority to act for another in any manner to create obligations or debts which
would be binding upon another, and (ii)be responsible for any obligation or expense whatsoever
of another.
I. Force Majeure. Parties shall not be deemed to be in breach of this Agreement if
unable to perform their respective obligations hereunder as a result of the occurrence of an event
of "force majeure," which shall include, but not be limited to, acts of God, acts of the
government of the United States or of any state or political subdivision thereof, strikes, civil riots
or disturbances,fire, floods, explosions, earthquakes,wind, storms, hurricanes, lightning or other
similar catastrophes or other causes beyond the parties' reasonable control. The scope of events
of force majeure shall not extend to payment of money owed hereunder.
J. Entire Agreement. The written provisions and terms of this Agreement, together
with any attached Exhibits, supersede all prior verbal statements by any representative of the
City, and those statements shall not be construed as forming a part of or altering in any manner
this agreement. This Agreement and any attached Exhibits contain the entire Agreement
between the parties. Should any language in any Exhibit to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
JOINT TRENCH AGREEMENT—Page 6 of 10 (July 30, 2002)
(between City of Kent and AT&T Broadband)
IN WITNESS WHEREOF,the parties below have executed this Agreement.
TCI CABLEVISION OF WASHINGTON,INC.,
a/k/a AT&T BROADBAND CITY OF KENT
Print Name: Print Name:
Title: Title:
DATE DATE
Notices to be sent to: Notices to be sent to:
AT&T BROADBAND CITY OF KENT
City of Kent
220 Fourth Avenue South
Kent,WA 98032
(253)
(253) (facsimile)
With a copy to: APPROVED AS TO FORM:
AT&T Broadband
Attn: Legal Dept.
22025 30th Drive SE
Bothell, WA 98201-4444 Kent City Attorney
ryim,,IIFSonNnL ftu"NTTVMYCKK XEMEN*UJTNI$7-TM MC
JOINT TRENCH AGREEMENT—Page 7 of 10 (July 30, 2002)
(between City of Kent and AT&T Broadband)
Exhibit B
151 Ave./4th Ave. Undergrounding Agreement
5/30/02
4ch Ave. N "a
North of the Bank of America Property to the South end of the- Ave. Extension.
480 LF, 4' Wide Trench
AT&T-4-4" conduits
Qwest-4-4" conduits
PSE 4-4"conduits ?
City of Kent 2-4", 2-2" conduits
Payment of Trenching:
AT&T 25% or 1 foot f �`r CM a MR�
s-e ear Ne an s
Qwest 25% or 1 foot "'•nT r-r MW
City of Kent 50%or 2 feet A JoiNT unuTy TRENcm DETAIL-4TH
Southeast comer of the 2"a Ave. Extension to the southeast comer of James St.
500 LF, 4'Wide Trench z
AT&T 34"conduits _T-
PSE 4-4"conduits?
City of Kent 2-2", 14"conduits
Payment of Trenching:
AT&T 25% or 1 foot �•.ld �`r c"a mff cw
City of Kent 75%or 3 feet r x:
• Jo1NT unuTY TR N AI -4TH A
1" Ave: ».K CM�,e Mn ff.
Southwest corner of James St. to the northwest comer of Temperance St.
900 LF, 4' Wide Trench t
Qwest 2-4"conduits ,r
AT&T 1-4"conduit ��
PSE 2-4"conduits?
City of Kent 2-2"conduits
r
Payment of Trenching:
Qwest 25% or 1 foot -r°'I-r a"am `�'AT&T
AT&T 12.5% or 0.5 feet
City of Kent 62.5% or 2.5 feet JOIa UTYMM OL DETAIL-I ST A
VE
Northwest comer of Temperance St. to 100' south on the east side of the road.
150LF
Qwest 1-4"conduit
Qwest will pay 100% of this cost
JOINT TRENCH AGREEMENT
THIS AGREEMENT, is entered into between the CITY OF KENT, a Washington
municipal corporation("City"), QWEST, a corporation("Qwest').
RECITALS
WHEREAS, the City is making right-of-way improvements to 4th Avenue North and 1st
Avenue North.
WHEREAS, these right-of-way improvements require relocation underground of
facilities that are currently located above ground and owned by the parties to this Agreement.
WHEREAS, relocation requires trenching within the right-of-way and the parties
recognize the efficiencies of entering into an agreement whereby one trench will be dug for all of
the parties to relocate their facilities into.
AGREEMENT
To facilitate construction of a joint trench,the parties agree as follows:
1. SCOPE OF WORK
The City of Kent will send out for bid and enter into a contract for the construction of a
trench to include the City, Qwest, AT&T Broadband ("ATTB"), and PSE facilities. This trench
will be placed along the east side of 4th Avenue North from the north end of the Bank of America
real property located at 311 — 4th Avenue North (King County tax parcel number 714280-0021-
02) to James Street and will include borings under James Street to the northeast corner of the 4th
Avenue North/James Street intersection. The trench will also be constructed along the west side
of 1st Avenue North from West James Street to West Temperance Street.
2. CONTRACTOR REQUIREMENTS
The contractor hired by the City to perform this work shall be referred to as "the
contractor" in this Agreement. The contractor shall excavate the trench, install City facilities,
accommodate and coordinate the installation of other utilities, install the bedding material,
backfill and compact the trench, provide the necessary borings under James Street and perform
any restoration required by the City.
3. RESPONSIBILITY OF THE PARTIES
A. Drawings. Qwest shall provide engineering drawings to the City and obtain a
permit from the City for the underground relocation of their facilities. These drawings shall
JOINT TRENCH AGREEMENT—Page 1 of 6 (June 28, 2002)
(between City of Kent and Qwest)
show in detail the location and elevation of the conduits, trench, and vaults, and shall include a
traffic control plan.
B. Installation. Qwest shall be responsible for supplying and installing their own
facilities, including all vaults and conduits.
C. Traffic Control. Qwest shall be responsible for providing any required traffic
control required during the installation of their own facilities.
D. Qwest Coordination. Qwest shall maintain continued coordination with the
contractor regarding installation of Qwest's facilities. This coordination shall include but not be
limited to the following:
1. Timing of when materials will be delivered on site.
2. Time and duration of work by Qwest's contractor to install facilities in the
trench. Once the contractor has given forty-eight (48) hours notice to Qwest that
the trench will be available,Qwest shall abide by the following schedule:
a. Qwest shall be given three (3) working days to install their
facilities in the trench, including the placement of all vaults on 4`h
Avenue North.
b. Qwest shall be given two (2) working days to install their facilities
in the trench, including vaults, on Is'Avenue North between James
Street and Temperance Street.
3. Location of where Qwest's contractor will begin the work.
4. Coordination with the contractor and other utilities when excavating for
manholes.
5. Coordination with other utility companies included in the joint trench for
the placement of conduit and vaults. This may include the stacking of conduits
with another utility, locating conduits below or around other vaults, and
placement of vaults around other conduits.
E. Surveys. The City will provide the survey for the location of the trench. Qwest
shall provide the survey for their own vaults using a licensed Professional Land Surveyor(PLS).
F. As-built. Qwest shall provide the City with a certified as—built drawing of the
location of the vaults by a licensed PLS.
G. If Qwest elects not to proceed with joining in the trench provided by the
Contractor, that party shall remain liable for completing all work within the approved permit at
the time frame specified on the permit.
4. COMPENSATION
A. Trench costs. Qwest agrees to pay the City a portion of the trench costs,
including any restoration, commensurate with their proportionate share of trench usage as shown
in Exhibit A attached hereto and incorporated by this reference. Preliminary trench costs will be
JOINT TRENCH AGREEMENT—Page 2 of 6 (June 28,2002)
(between City of Kent and Qwest)
agreed upon prior to construction based on an estimate from the bid accepted by the City.
Trench costs will be finalized after completion of construction to account for actual construction
costs.
B. Additional Expenses. Qwest agrees to pay their share of any additional expenses
incurred in providing the trench due to any overexcavation required or any other unforeseen
conditions, including any additional trench width or depth attributable to errors in their design or
conflicts not accounted for in their design.
C. Claims by Contractor. Qwest agrees to pay the entire cost of any claims made by
the contractor that are determined by the City to be caused by Qwest respectively. These claims
may include delays caused by installing Qwest facilities, delays caused by Qwest providing
materials, or any other conflicts between the contractor and Qwest's contractor.
D. Vaults. Qwest agrees to pay for the excavation for their vaults separately and in
addition to any trench costs discussed above. These additional costs shall be preliminarily
determined from the bid price accepted by the City. Qwest will also be responsible for any
additional costs incurred in excavating for their vaults such as overexcavation or any other
unforeseen conditions.
E. Invoice. Qwest agrees to pay the City within thirty (45) days of being invoice by
the City for amounts that the City has paid to the contractor and which Qwest respectively have
agreed to pay under this Agreement.
F. Defective or Unauthorized Work. The parties reserves a right to withhold
payment for any defective or unauthorized work performed by the contractor. Defective or
unauthorized work includes, without limitation: work and materials that do not conform to the
requirements of this agreement; and extra work and materials famished without a party's written
approval. If for any reason, it is necessary to satisfactorily complete any portion of the work, the
parties may complete the work and the contractor shall be liable to the parties for any additional
costs incurred by the parties. "Additional costs" shall mean all reasonable costs, including legal
costs and attorney fees, incurred by the parties beyond the price included in the bid accepted by
the City. The parties further reserve the right to deduct the cost to complete the work, including
any Additional Costs, from any and all amounts due or to become due the contractor.
G. Final Payment/Waiver of Claims. The making of final payment shall constitute a
waiver of claims,except those previously and properly made and identified by the contractor as
unsettled at the time request for final payment is made.
5. CHANGES.
Qwest shall submit any changes requested to be performed by the City's contractor to the
City. The City shall submit this to the contractor; obtain a price from the contractor to perform
the work, and notify Qwest of this price. Qwest shall have 24 hours with which to respond. If
Qwest chooses not to accept the contractors price then this work shall not be attempted by
JOINT TRENCH AGREEMENT—Page 3 of 6 (June 28,2002)
(between City of Kent and Qwest)
another contractor until the City's contractor has completed its work and has mobilized off the
site. Qwest shall not obstruct the contractor in any way.
6. INDEMNIFICATION.
Each party shall defend, indemnify and hold the other parties, their officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits including all legal costs and attorney fees, arising out of or in connection with the
performance of the party's work required under this Agreement, except for injuries and damages
caused by the negligence of the other parties.
The indemnification from Qwest to the City shall include all claims, injuries, damages,
losses or suits from third parties arising out of the fact that the trench was open for any period of
time longer than one (1) day after the 48 hours notice was given in Section 3.E.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the parties,their
officials, employees, agents and volunteers, a party's liability hereunder shall be only to the
extent of the party's negligence. The provisions of this section shall survive the expiration or
termination of this agreement.
7. INSURANCE.
The contract between the City and the contractor shall require that the contractor procure
and maintain for the duration of the project insurance of the types and in the amounts described
below against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work by the contractor, its agents, representative,
employees, subconsultants or subcontractors.
1. Automobile Liabilitv insurance with limits no less than $1,000,000
combined single limit per accident for bodily injury and property damage;
and
2. Commercial General Liabilitv insurance written on an occurrence basis
with limits no less than $1,000,000 combined single limit per occurrence
and general aggregate for personal injury, bodily injury and property
damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations/broad form property damage;
explosion, collapse and underground (XCLI); and employer's liability.
3. Excess Liabilitv insurance with limits not less than $1,000,000 per
occurrence and aggregate.
JOINT TRENCH AGREEMENT—Page 4 of 6 (June 28,2001)
(between City of Kent and Qwest)
Any payment of deductible or self insured retention shall be the sole responsibility of
the contractor. The parties, their officials, employees, agents and volunteers shall be named as
additional insureds on the insurance policy, as respects work performed by or on behalf of the
parties and a copy of the endorsement naming the parties as additional insured shall be attached
to the Certificate of Insurance. The contractor's insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
S. MISCELLANEOUS.
A. Compliance with Laws. The parties shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this agreement.
B. Nonwaiver of Breach. The failure of the a party to insist upon strict performance
of any of the terms and rights contained herein, or to exercise any option herein conferred in one
or more instances, shall not be constructed to be a waiver or relinquishment of those terms and
rights and they shall remain in full force and effect
C. Governing Law. This agreement shall be governed and construed in accordance
with the laws of the State of Washington. If any dispute arises between the parties or between
any party and the Contractor under any of the provisions of this agreement, resolution of that
dispute shall be available only through the jurisdiction, venue and rules of the King County
Superior Court,King County,Washington.
D. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any
claim or lawsuit for damages arising from the parties' performance of this agreement, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit; however, nothing in this subsection shall limit a parry's right
to indemnification under Section 8 of this Agreement.
E. Written Notice. All communications regarding this agreement shall be sent to the
parties at the addresses listed on the signature page of this Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3) calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if
sent to the addressee at the address stated on this Agreement.
F. Modification. No waiver, alteration, or modification of any of the provisions of
this agreement shall be binding unless in writing and signed by a duly authorized representative
of each of affected parties and Contractor.
G. Severability. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portion of this Agreement and the remainder shall remain in full force and effect.
JOINT TRENCH AGREEMENT—Page 5 of 6 (June 28,2001)
(between City of Kent and Qwest)
H. Entire Agreement. The written provisions and terms of this agreement, together
with any attached Exhibits, supersede all prior verbal statements by any representative of the
City, and those statements shall not be construed as forming a part of or altering in any manner
this agreement. This agreement and any attached Exhibits contain the entire agreement between
0 the parties. Should any language in any Exhibit to this agreement conflict with any language
contained in this agreement, the terms of this agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this agreement.
QWEST CITY OF KENT
Print Name Print Name:
Title:� Title:
DATE 4�/71 xX77 DATE
Notices to be sent to: Notices to be sent to:
QWEST CITY OF KENT
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253)
(253) (facsimile)
APPROVED AS TO FORM:
Kent City Attorney
FK...1iIVs q...fr.mN+.ri.�ap.v..n.rlrow.bs
JOINT TRENCH AGREEMENT—Page 6 of 6 (June 28,2002)
(between City of Kent and Qwest)
Exhibit A
I"Ave./4th Ave. Joint Trench Agreement
4" Ave. N
North of the Bank of America Property to the South end of the 2'd Ave. Extension.
480 LF, 4' Wide Trench
AT&T—44"conduits
Qwest—4-4"conduits
PSE 4-4"conduits ?
City of Kent 2-4", 2-2" conduits
Payment of Trenching:
AT&T 25%or 1 foot
Qwest 25%or 1 foot
City of Kent 50%or 2 feet
Southeast corner of the 2nd Ave. Extension to the southeast corner of James St.
500 LF, 4'Wide Trench
AT&T 34"conduits
PSE 4-4" conduits?
City of Kent 2-2", 14" conduits
Payment of Trenching:
AT&T 25%or Ifoot
City of Kent 75%or 3 feet
15t Ave:
Southwest comer of James St. to the northwest comer of Temperance St.
900 LF,4' Wide Trench
Qwest 2-4" conduits
AT&T 1-4"conduit
PSE 24"conduits?
City of Kent 2-2"conduits
Payment of Trenching:
Qwest 25% or 1 foot
AT&T 12.5%or 0.5 feet
City of Kent 62.5%or 2.5 feet
Northwest comer of Temperance St. to 100' south on the east side of the road.
150LF
Qwest 14"conduit
Qwest will pay 100% of this cost
JOINT TRENCH AGREEMENT—Page 7 of 7 (June 28, 2002)
(between City of Kent and Qwest)
Exhibit B
Is'Ave./4`h Ave. Undergrounding Agreement
5/30/02
4th Ave. N
North of the Bank of America Property to the South end of the 2"d Ave. Extension.
480 LF, 4' Wide Trench
AT&T-4-4" conduits r }
Qwest-44"conduits
PSE 4-4"conduits ?
City of Kent 2-4", 2-2" conduits
Payment of Trenching:
PK
AT&T 25% or 1 foot f � 1-r` MY v Mff M3
4-a cow }-r a"a
Qwest 25% or 1 foot •-e AAr }-r wa
City of Kent 50% or 2 feet A JOINT vn rR N I Ar -ant Ayr-
OM WMaAAmAVL
Southeast corner of the 2"d Ave. Extension to the southeast corner of James St.
500 LF, 4'Wide Trench
AT&T 3-4"conduits r
PSE 44"conduits?
City of Kent 2-2", 1-4" conduits
}•:.}..MIA•OO
Payment of Trenching: /
AT&T 25% or l foot s+•AAY Y C"Cr a"Mj
}-e on v
City of Kent 75% or 3 feet �r ow
JOINT UTILITY TRENCH DETAIL—aTH AVE.
I5`Ave: se AK CMMU to AYO St
Southwest corner of James St. to the northwest corner of Temperance St.
900 LF, 4' Wide Trench S
Qwest 24"conduits j} }
AT&T 14"conduit
PSE 24"conduits?
City of Kent 2-2"conduits
Payment of Trenching: ,�.,�f / \
Qwest 25% or 1 foot '-r°"r am NM `�'AM"
AT&T 12.5% or 0.5 feet
City of Kent 62.5% or 2.5 feet JOINT UTILITY TRENCH ETAIL—IST AVE
Northwest corner of Temperance St. to 100' south on the east side of the road.
15OLF
Qwest 14"conduit
Qwest will pay 100% of this cost
Kent City Council Meeting
Date August 20, 2002
Category Consent Calendar
1. SUBJECT: S. 196TH/200TH STREET WEST LEG KING COUNTY
AGREEMENT, SUPPLEMENT NO. 5 —AUTHORIZE AND
AMEND BUDGET
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorization for the Mayor to sign the King County Agreement—Supplement No. 5 in
the amount of$20,000.00 for minor modifications to the wetland mitigation site,
subject to the City Attorney and Public Works Director concurrence of the language
therein.
3. EXHIBITS: Public Works Director memorandum and King County Agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6E
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom,P.E. Public Works Director
K E N T Phone:253-856-5500
w p S N I N G T O N Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: August 5, 2002
To: Public Works Co ittee
From: Don Wickstrom, ublic Works Director
Regarding: S. 196th/200th Street West Leg
King County Agreement—Supplement No. 5
The Corps of Engineers is requiring some minor modifications to the wetland mitigation site, which
needs to be done before they will accept the site. King County has agreed to the additional work
which we anticipate to cost less than $20,000.00. For this reason, Supplement No. 5 will increase
the allowable costs by$20,000.00 to $6,491,153.00.
MOTION:
Recommend authorization for the Mayor to sign the King County Agreement — Supplement No. 5,
upon concurrence of the language therein by the City Attorney and the Public Works Director.
INTERAGENCY AGREEMENT FOR
SOUTH 196T"/200TH STREET PROJECT
SUPPLEMENT NUMBER 5
The interagency agreement for South 196 /200`h Street project originally dated July 28,
1993, Supplement 1 dated November 8, 1996, Supplement 2 dated April 22, 1997,
Supplement 3 dated July 28, 1998, and Supplement 4 dated February 22, 2002, is revised
with this Supplement Number 5 between the CITY OF KENT, a municipal corporation of
the State of Washington, hereinafter called the "City" and KING COUNTY, a governmental
subdivision of the State of Washington, hereinafter called the "County". All provisions of
said interagency agreement remain in effect except as expressly modified in this supplement
agreement.
SECTION III COST OF REIMBURSEMENT AND FUNDING, paragraph 3.1 b is revised to
read as follows:
The City shall bill the County and the County shall reimburse the City on a monthly
basis for actual expenses incurred. The County's share of the project shall not exceed
a project total of $6,491,153 in 2002. Costs in excess of this amount shall require a
subsequent written amendment to this agreement. Invoices shall include the same
detail as provided to the TIB.
IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the day and
year last written below:
IQNG COUNTY, WASHINGTON CITY OF KENT
By By
PAUL TOLIVER JIM WHITE, MAYOR
Director, Department of Transportation
Date Date
Attested by: City Clerk
APPROVED AS TO FORM
Deputy Prosecuting Attorney City Attorney
Date Date
PAShared\Ken\InteragencyAgr 5.doc
Kent City Council Meeting
Date August 20, 2002
Category Consent Calendar
1. SUBJECT: 2003 BUDGET— SET HEARING DATE FOR SEPTEMBER 17
2. SUMMARY STATEMENT: Authorization to set September 17, 2002 as the first
public hearing on the 2003 Budget.
3. EXHIBITS: None
4. RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6F
Kent City Council Meeting
Date August 20, 2002
Category Consent Calendar
1. SUBJECT: CAPITAL IMPROVEMENT PLAN 2003-2008 — SET HEARING
DATE FOR SEPTEMBER 17
2. SUMMARY STATEMENT: Authorization to set September 17, 2002 as the public
hearing for the Capital Improvement Plan 2003-2008.
3. EXHIBITS• None
4. RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6G
Kent City Council Meeting
Date August 20, 2002
Category Consent Calendar
1. SUBJECT: EXCUSED ABSENCE FOR COUNCIL PRESIDENT WOODS—
APPROVE
2. SUMMARY STATEMENT: Approval of Council President Judy Woods' request
for an excused absence from the August 20, 2002, City Council meeting as she will be
unable to attend.
3. EXHIBITS:
4. RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6H
MEMORANDUM
TO: JIM WHITE, MAYOR
CITY COUNCIL MEMBERS
FROM: JUDY WOODS, COUNCIL MEMBER
DATE: AUGUST 20, 2002
SUBJECT: CITY COUNCIL EXCUSED ABSENCE
I would like to request an excused absence from the August 20,
2002 City Council meeting. I will be unable to attend.
Thank you for your consideration.
JW:jb
Kent City Council Meeting
Date August 20, 2002
Category Consent Calendar
1. SUBJECT: KENT STATION INFRASTRUCTURE GRANT—ACCEPT,
AUTHORIZE AND AMEND BUDGET
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorization for the Mayor to sign the Kent Station Infrastructure Grant for the
purpose of providing the City with funds appropriated under the Job Creation and
Infrastructure Program solely and specifically for the Kent Station infrastructure
improvements project.
3. EXHIBITS: Contract
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6I
ORIGINAL
STATE OF WASBINGTON
DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
JOB CREATION AND INFRASTRUCTURE PROGRAM
CAPITAL CONTRACT#02-99400-009
THIS CONTRACT, entered into by and between the Washington State Department of
Community, Trade, and Economic Development (hereinafter referred to as the DEPARTMENT),
and the City of Kent (a unit of local government hereinafter referred to as the CONTRACTOR),
WITNESSES THAT:
WHEREAS, the DEPARTMENT has the statutory responsibility under
RCW 43.330.050 (5)to cooperate with and provide assistance to local governments,
businesses, and community-based organizations serving the communities of the state of
Washington; and
WHEREAS, the DEPARTMENT is also given the responsibility to administer state funds
and programs which are assigned to the DEPARTMENT by the Governor or the
Washington State Legislature; and
WHEREAS, the 2002 Washington State Legislature has, in ESB 6396 (the State
Supplemental Capital Budget, Laws of 2002, Chapter 238), established the Job Creation
and Infrastructure Program and appropriated funds for capital improvement projects
throughout the state; and
WHEREAS, the Legislature has also directed the DEPARTMENT to administer the
funds appropriated in Sections 201 through 205 of the enabling legislation; and
WHEREAS, the Kent Station infrastructure improvements project (a venture hereinafter
referred to as the Project) is designated to receive funding under the Job Creation and
Infrastructure Program; and
WHEREAS, the CONTRACTOR is the entity responsible for the Kent Station
infrastructure improvements project.
NOW,THEREFORE, in consideration of covenants, conditions, performances, and promises
hereinafter contained, the parties hereto agree as follows:
I. FUNDING
The total funds awarded to the CONTRACTOR hereunder shall be a sum up to, but not
to exceed$892,350. The DEPARTMENT has retained $7,650 (0.85 percent) of the
original appropriation amount as reimbursement for costs directly associated with
managing the completion of this contract.
Z
2. SERVICE PROVISIONS
a) Funds awarded under this contract shall be used to reimburse the CONTRACTOR
for capital costs associated solely with capital improvements at the Kent Station
infrastructure improvements project, as contemplated in ESB 6396, Section 202
(the State Supplemental Capital Budget, Laws of 2002, Chapter 23 8).
b) The CONTRACTOR shall perform in accordance with the terms and conditions of
this contract and the following attachments which, by this reference, are made a
part of this contract:
ATTACHMENT A(CERTIFICATION OF THE AVAILABILITY OF NON-
STATE FUNDS)
ATTACHMENT B (PROJECT BUDGET)
ATTACHMENT C (SCOPE OF WORK)
3. CONTRACT PERIOD
a) The effective date of this contract shall be the date of the last signature of the
contracting parties.
b) Unless terminated earlier pursuant to Sections 7 or 10, hereof, the termination date
of this contract shall be June 30, 2005.
4. ELIGIBLE COSTS
The CONTRACTOR may be reimbursed for the following categories of costs:
a) Real property, when purchased or acquired solely for the purposes of the Project;
b) Design, engineering, architectural, and planning costs;
c) Project management costs (from external sources only);
d) Constriction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment; and
Landscaping.
2
5. PAYMENT PROVISIONS
a) Payments to the CONTRACTOR shall be made on a reimbursement basis only.
For the purposes of this contract, reimbursement shall be construed to mean costs
incurred and paid, or costs incurred and payable within thirty(30) days.
b) When requesting reimbursement for costs incurred or expenditures made,the
CONTRACTOR shall submit to the DEPARTMENT a signed and completed
Invoice Voucher(Form A-19), referencing the Project activity performed during
the previous billing period, and documents (invoices, bills, and the like)which
support such claim(s). The voucher must be certified by an official of the
CONTRACTOR with authority to bind the CONTRACTOR The final voucher
shall be submitted to the DEPARTMENT not later than fifteen (15) days following
the completion or termination of this contract.
c) Each request for payment shall be accompanied by a Project Status Report, which
describes, in narrative form, the progress made on the Project since the last invoice
was submitted, as well as a report of overall Project status to date.
d) After receiving and approving the voucher and Project Status Report, the
DEPARTMENT shall promptly remit a warrant to the CONTRACTOR.
6. EVALUATION AND MONITORING
a) The CONTRACTOR shall cooperate with and freely participate in any monitoring
or evaluation activities conducted by the DEPARTMENT that are pertinent to the
intent of this contract, including periodic site inspections.
b) The DEPARTMENT or the State Auditor and any of their representatives shall
have full access to and the right to examine during normal business hours and as
often as the DEPARTMENT or the State Auditor may deem necessary, all the
CONTRACTOR'S records with respect to all matters covered in this contract.
Such representatives shall provide the CONTRACTOR with reasonable notice
prior to any such examination, and shall be permitted to audit, examine, and make
excerpts or transcripts from such records and to make audits of all contracts,
invoices, materials, payrolls, and records of matters covered by this contract Such
rights last for six years from the date final payment is made hereunder.
7. NONDISCRIMINATION PROVISION
a) During the performance of this contract, the CONTRACTOR shall comply with all
federal and state nondiscrimination laws, including, but not limited to
Chapter 49.60 RCW (Washington's Law Against Discrimination) and
42 U.S.C. 12101 et. seq., (the Americans with Disabilities Act [ADA]).
3
b) In the event of the CONTRACTOR'S noncompliance or refusal to comply with
any nondiscrimination law, regulation, or policy, this contract may be rescinded,
canceled, or terminated in whole or in part, and the CONTRACTOR may be
declared ineligible for further contracts with the DEPARTMENT. The
CONTRACTOR shall, however, be given a reasonable time in which to cure
any such noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein.
8. CONTRACT MODIFICATIONS
The DEPARTMENT and the CONTRACTOR may, from time to time, desire to make
changes to this contract. Any such changes that are mutually agreed upon by the
DEPARTMENT and the CONTRACTOR shall be incorporated herein by written
amendment. It is mutually agreed and understood that, except for the budget
modifications described in Section 9, hereof, no alteration or variation of the terms of this
contract shall be valid unless made in writing and signed by the parties hereto prior to
implementation of the changes, and that any oral understanding or agreements not
incorporated herein shall not be binding.
9. MODIFICATIONS TO THE PROJECT BUDGET
a) Notwithstanding any other provision of this contract, the CONTRACTOR may, at
its discretion, make modifications not to exceed ten (10)percent of each line item
in the Project Budget(Attachment B, hereof).
b) The CONTRACTOR shall notify the DEPARTMENT in writing prior to making
any budget modification or modifications that would exceed ten (10)percent of
any budget line item. Any such request for changes in the budget that are mutually
agreed upon by the DEPARTMENT and the CONTRACTOR shall be made in
writing and signed by both parties, and attached to the budget attachment to this
contract.
10. TERMINATION OF CONTRACT
a) It through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper
manner its obligations under this contract or if the CONTRACTOR shall violate
any of its covenants, agreements or stipulations of this contract, the
DEPARTMENT shall thereupon have the right to terminate this contract and
withhold the remaining allocation if such default or violation is not corrected
within twenty(20) days after the DEPARTMENT'S submitting written notice to
the CONTRACTOR describing such default or violation; Provided, that if more
than twenty (20) days are required to correct any such default or violation and the
CONTRACTOR has initiated appropriate corrective measures as reasonably
determined by the DEPARTMENT, the DEPARTMENT will not terminate this
CONTRACT for such default or violation.
4
b) Notwithstanding any provisions of this contract, either party may terminate this
contract by providing the other party with written notice of such termination,
specifying the effective date thereof, at least thirty(30) da�s prior to such date.
c) In the event this contract is terminated,the CONTRACTOR shall be reimbursed
for eligible expenses incurred prior to the effective date of such termination and
not otherwise paid for by the DEPARTMENT, as the DEPARTMENT reasonably
determines.
11. SPECIAL PROVISION
The DEPARTMENT'S failure to insist upon the strict performance of any provision of
this contract or to exercise any right based upon a breach thereof or the acceptance of any
performance during such breach, shall not constitute a waiver of any right under this
contract.
12. HOLD HARMLESS
a) It is understood and agreed that this contract is solely for the benefit of the parties
hereto and gives no right to any other party. No joint venture or partnership is
formed as a result of this contract. Each party hereto agrees to be responsible and
assume liability for its own negligent acts or orrussions, or those of its officers,
agents, or employees to the fullest extent required by law, and agrees to save,
indemnify, defend, and hold the other party harmless from any such liability.
In the case of negligence of more than one party, any damages allowed shall be
levied in proportion to the percentage of negligence attributable to each party, and
each party shall have the right to seek contribution from the other party in
proportion to the percentage of negligence attributable to the other party.
b) This indemnification clause shall also apply to any and all causes of action arising
out of the performance of work activities under this contract. Each contract for
services or activities utilizing funds provided in whole or in part by this contract
shall include a provision that the DEPARTMENT and the state of Washington are
not liable for damages or claims from damages arising from any subcontractor's
performance or activities under the terms of the contracts.
5
13. RECAPTURE PROVISION
In the event the CONTRACTOR fails to expend state funds in accordance with state law
and/or the provisions of this contract, the DEPARTMENT reserves the right to recapture
state funds in an amount equivalent to the extent of noncompliance. Such right of
recapture shall exist for a period not to exceed six (6)years following termination of the
contract. Repayment by the CONTRACTOR of state funds under this recapture provision
shall occur within thirty(30) days of demand. In the event that the DEPARTMENT is
required to institute proceedings to enforce this recapture provision, the DEPARTMENT
shall be entitled to its cost thereof, including reasonable attorney's fees.
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any real property improved or constructed with
funds awarded under this contract and does not assert and will not acquire any ownership
interest in or title to the capital facilities and/or equipment constructed or purchased with
state funds under this contract. This provision does not extend to claims that the
DEPARTMENT may bring against the CONTRACTOR in recapturing funds expended in
violation of this contract.
15. RELATIONSHIP BETWEEN THE PARTIES
The CONTRACTOR and its employees or agents performing under this contract are not
deemed to be employees of the DEPARTMENT nor agents of the DEPARTMENT in any
manner whatsoever, nor will they hold themselves out as nor claim to be officers or
employees of the DEPARTMENT or of the state of Washington hereof and will not make
any claim, demand, or application to or for any right or privilege applicable to an officer or
employee of the DEPARTMENT or of the state of Washington.
16. DISPUTES
Except as otherwise provided in this contract, when a bona fide dispute arises between the
parties and it cannot be resolved through discussion and negotiation, either party may
request a dispute hearing. The parties shall select a dispute resolution team to resolve the
dispute. The dispute resolution team shall consist of a representative appointed by the
DEPARTMENT, a representative appointed by the CONTRACTOR, and a third party
agreed upon by both parties. The dispute resolution team shall attempt,by majority vote,
to resolve the dispute. The parties agree that this dispute process shall precede any action
in a judicial or quasi-judicial setting.
17. GOVERNING LAW AND VENUE
This contract shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by, the laws of the state of Washington. Venue of
any suit between the parties arising out of this contract shall be the superior court of
Thurston County, Washington.
6 0
18. SEVERABHJTY
If any term or condition of this contract or application thereof to any person or circum-
stances is held invalid, such invalidity shall not affect other terms, conditions, or appli-
cations of this contract which can be given effect without the invalid term,condition, or
application. Accordingly, the terms and conditions of this contract are declared severable.
19. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this contract are
withdrawn, reduced, or limited in any way by the Governor or the Washington State
Legislature during the contract period, the parties hereto shall be bound by any such
revised funding limitations as implemented at the discretion of the DEPARTMENT, and
shall meet and renegotiate the contract accordingly.
20. PREVAILING WAGE LAW
The Project funded under this contract may be subject to state prevailing wage law
(Chapter 3 9.12 RCW). The CONTRACTOR is advised to consult the Washington
Department of Labor and Industries and/or private counsel to determine whether
prevailing wages must be paid. The DEPARTMENT is not responsible for determining
whether prevailing wage law applies to this Project or for any prevailing wage payments
that maybe required by law.
21. ENTIRE AGREEMENT
This contract and all attachments hereto contain all the terms and conditions agreed upon
by the parties. No other understandings, oral or otherwise, regarding the subject matter of
this contract and attachments shall be deemed to exist or to bind any of the parties hereto.
22 ADMINISTRATION
a) The CONTRACTOR'S representative shall be Don Wickstrom.
b) The DEPARTMENT'S representative shall be Daniel Aarthun.
IN WrrNESS WHEREOF, the DEPARTMENT and CONTRACTOR have executed this
contract as of the date and year written below.
DEPARTMENT OF COMMUNITY, CONTRACTOR
TRADE, AND ECONOMIC DEVELOPMENT
By: By:
Steve Wells, Assistant Director
Department of Community, Trade.
and Econonvc Development
Title:
Date: Date:
APPROVED AS TO FORM Washington State UBI No.
Assistant Attorney General
�/a�UZ Federal Tax ID No.
Date
8
ATTACHMENT A
CERTIFICATION OF THE AVAILABILITY OF NON-STATE FUNDS
City of Kent general fund and utilities revenue $311,000
The CONTRACTOR, by its signature, certifies that Project funding from the non-state sources
identified above has either been expended, or is committed and available and will remain
committed and available solely and specifically for carrying out the purposes of this Project as
described elsewhere in this contract, as of the date and year written below. The CONTRACTOR
shall maintain records sufficient to evidence that it has expended or has access to non-state funds
from these sources, and shall make such records available for the DEPARTMENT'S review upon
request.
CONTRACTOR
TITLE
DATE
9
ATTACHMENT B
PROJECT BUDGET AND CERTIFICATION
Road work $822,350
Signal work $170,000
Utility work $211,000
Total $1,203,350
The CONTRACTOR, by its signature, certifies that the Project Budget set forth above has been
reviewed and approved by the CONTRACTOR'S governing body or board of directors, as
applicable, as ofthe date and year written below.
CONTRACTOR
TITLE
DATE
10
ATTACHMENT C
SCOPE OF WORK
Project Summary
The funds awarded under this contract will be combined with the CONTRACTOR'S local
sources of money to make infrastructure improvements to the Kent Station, which will be located
in downtown Kent between Smith Street and James Street and I'Avenue and 4"Avenue North.
Public improvements will be made in anticipation of development that will comprise of mixed-use
retail, residential,restaurant and office space.
The project will include the following: Constructing a new two-lane road with on-street parking
(44 feet wide) for approximately 900 feet. This new road will be an extension of 2"d Avenue from
Temperance Street to 4`h Avenue North, and will include left turn lanes at both intersections, a
curb, gutter, sidewalk, and street trees and lights. A signal system will be installed at the street's
intersection with 4u'Avenue North, and a new water line, storm drainage, and a new sanitary
sewer line will be extended from James Street to the south to cross 2nd Avenue. Half street
improvements on Temperance Street will complete a new 36-foot wide roadway between I'
Avenue and 2°d Avenue. This will include curb, gutter, sidewalk, and asphalt paving.
The design work began in September, 2001. The project will be completed in two phases
beginning in August, 2002, with completion in November, 2003.
11
Kent City Council Meeting
Date August 20, 2002
Category-Consent Calendar
1. SUBJECT: U.S. DEPARTMENT OF JUSTICE GRANT RELATING TO
WEAPONS OF MASS DESTRUCTION—ACCEPT AND
AUTHORIZE
2. SUMMARY STATEMENT: Accept the equipment received from King County Office
of Emergency Management, as provided by the Local Domestic Preparedness Equipment
Support Program Project, and authorize the Mayor to sign both the Certification and
Assurances Document and the Distribution Agreement.
The purpose of the grant is to purchase equipment to ensure that the nation's state and local
emergency responders are able to properly respond to terrorist incidents involving weapons of
mass destruction. The equipment is considered part of the mutual aid resources available
under the mutual aid agreements already in place among fire,EMS,hazardous materials
service providers and law enforcement.
3. EXHIBITS: Letter received from Shadric T. Burcham,Grant Administrator; list of
distributed equipment; Certification and Assurances document; and distribution agreement
4. RECOMMENDED BY: Jim Schneider, Fire Chief& Public Safety Committee (3-0)
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6J
King County I'� - ' !+ -
LJ
Department of
Executive Services
King County Courthouse -
516 Third Avenue, Room 410 ! --
Seattle, WA 98104-3271 i
206-296-3824
206-296-3829 Fax �' i✓ART";r��-
711 TTY Relay ----- —_
June 28, 2002
The Honorable Jim White
Mayor
City of Kent
220-4"' Avenue South
Kent, Washington 98032
Dear Mayor White.
The state of Washington was awarded $1,538,000 in Federal Fiscal Year (FFY) 2001, under the
U S. Department of Justice (DOJ), Office of Justice Programs. Office for Domestic
Preparedness State Domestic Preparedness Equipment Support Program. The Washington
State Military Department was designated the State Administrative Agency for this grant
program and worked closely with the county emergency management agencies to effectively
make use of this resource through the assessment process The purpose of the grant funding is
to purchase equipment, in accordance with the strategic plans, to ensure that the nation's state
and local emergency responders have the requisite equipment required to properly respond to
terrorist incidents involving weapons of mass destruction (WMD). Realistically, successful
response to a terrorist incident may require mutual aid resources from all WMD equipment
recipient agencies in King County. This equipment is considered part of the mutual aid
resources available under the mutual aid agreements already in place among law enforcement,
fire, EMS, and hazardous materials service providers.
Attachment A provides the projected list of equipment that will be distributed to your jurisdiction
through FFY 2001 funds. This list is an estimate of the equipment that your jurisdiction
will receive and is subject to change, due to price fluctuation, tax variance, shipping
costs, etc. After review of the attached list, an authorizing signature must be given to verify
your jurisdiction will receive the listed equipment. if your jurisdiction wishes to waive the order of
some, or all, of the equipment listed, please notify King County Office of Emergency
Management in writing.
The decisions on WMD equipment types and distribution were made by a multi-disciplinary team
composed of representatives of Washington Association of Sheriffs and Police Chiefs, local
Emergency Management Agencies, local Public Health, local Emergency Medical Services,
Washington State Department of Health, Washington State Association of Fire Chiefs,
Washington State Patrol, and Washington Emergency Management Division. Population,
geography, potential targets and hazardous materials response capabilities were included in the
decision making process for equipment allocation
4•®— "TO SERVE THE PU§6�gAp ENABLE OTHERS TO SERVE"
The equipment allocation process focused on life and safety issues. This focus narrowed the
equipment selection process to personal protective equipment and detection equipment.
The scope of the equipment allocation process was further narrowed using a 150-responder
model touted nationally for WMD response. This is based on the philosophy that only so many
responders can effectively manage a WMD event in, and in close proximity to, the HOT ZONE.
The 150-responder model is comprised of 15 HAZMAT, 85 fire, 25 EMS, and 25 law
enforcement responders. This model was used to limit the maximum amount of equipment
allocated to a specific jurisdiction and to give every jurisdiction an opportunity to receive
responder personal protective and detection equipment. For example, Jurisdiction X requested
350 Level C ensembles for firefighters. They were allocated 170 Level C ensembles, a primary
and back-up suit for 85 firefighters in accordance with the model. A back-up suit was provided
because these suits are essentially throw-a-ways after an event occurs.
Additionally, the group restricted Level A ensembles to HAZMAT only and focused on providing
requested detection equipment to HAZMAT, then fire, EMS, and finally law enforcement The
reasoning was that most of this equipment must be used in the HOT ZONE and HAZMAT
responders are the only ones properly equipped and trained to operate in the HOT ZONE.
Lastly, the group avoided allocating equipment that response agencies should already have as a
normal course of their day-to-day operations, i.e., SCBA and turnouts, etc. The group also
reached a consensus that it would not allocate escape masks until certification issues identified
in prior DOJ purchases for King County were resolved.
As a recipient of federal funding, the Military Department made certain assurances to the U.S.
DOJ in the grant application The receiving agency must abide by some of the assurances, as
well. Specifically, non-discrimination and lobbying requirements require certifications by sub-
recipients of the funding under this grant. The required certifications are enclosed with this letter
as Attachment B, Certifications and Assurances.
The federal funding also places property management responsibility on the Military Department
and its sub-recipients. Attachment C provides the Department of Justice Property and
Equipment Post Award Requirements, which will become the responsibility of the final recipient
of the equipment.
Finally, the Military Department and King County Office of Emergency Management are acting
as pass through agencies for the purchase and distribution of the equipment purchased with the
grant funds. Once the equipment is delivered it becomes the property of, and responsibility of,
the final receiving agencies to provide training, maintenance, and storage. The Distribution
Agreement, between the King County OEM and the final receiving agency (City of Kent) for
property management, is also included with this letter as Attachment D. The sub-recipients
(final receiving agencies), i.e. King County Cities, Special Purpose Districts, King County
Government Departments, will be responsible for the inventory accountability to the Military
Department for DOJ audits on the items accepted by that jurisdiction. Although Congress has
appropriated significant funding for this equipment, this grant does not mandate that your
jurisdiction purchase replacement equipment.
Attachment F is a sample hand receipt that will accompany each delivery.
Page 2of3
Please complete the Index of Attachments, along with signatures on Attachments A, B, D, and
E. If you have questions please call Mr. Shad Burcham at 206-205-8106. When signed, please
mail to Mr. Burcham at: King County Office of Emergency Management
7300 Perimeter Rd. South
Federal Way, WA 98108-3848
Thank you for your support on this critical issue.
Sincerely,
Paul Tanaka
County Administrative Officer
Enclosure
cc* Eric Holdeman, Mgr Office of Emergency Management, Department of Executive
Services (DES)
Shad Burcham, Program Coordinator, OEM, DES
Page 3 of 3
INDEX OF ATTACHMENTS
Washington State — FFY01 DOJ Equipment Grant
This list is a summary of the attachments discussed in the letter and also indicates the
action needed by the recipient agency.
Attachment A: WMD 01 Equipment Projected to be Distributed from Washington
State Military Department through KC OEM to the City of Kent
Signed:
Yes No
Attachment B: Certifications and Assurances (Attachment must be signed.)
Signed:
Yes No
Attachment C: Department of Justice Property and Equipment Post Award
Requirements
Please initial:
Concur
Attachment D: Distribution Agreement (Attachment must be signed.)
Signed:
Yes No
Attachment E: Agency Point of Contact for Delivery
Completed (Please initial):
Yes No
Attachment F: Sample Hand Receipt
Please initial:
Concur
Attachment A
King County—FFY01 DOJ Equipment Grant
Name of Jurisdiction or Agency: King County Department of Executive Services,
Office of Emergency Management (OEM)
Contact Person, Shad Burcham OEM; Telephone 206-205-8106
WMD FFY01 EQUIPMENT PROJECTED TO BE DISTRIBUTED
FROM
WASHINGTON STATE MILITARY DEPARTMENT
TO
King County Office of Emergency Management with Pass-Through to the City of
Kent
Equipment Item I unit Cost Qty (Total Cost Discipline
Category I I
Personal MSA,Air Purifying Respirator-Advantage S12762 85 EA S10,847.7 I
LAW
Protective 1000 Riot Facepiece-law enforcement.
SA,Advantage CBA-RCA canister for S23 63 85 EA S2,150 33I(91) LAW
PR used for chem/bio and not control
Pkg of 6 `
relleborg VP-1 Universal Level A $2,00000 2 S4000 001(2)HAZ
Chemical Suit One piece NFPA compliant
Medium duty/reusable
re(leborg testing equipment for fully S45773 1 S457 73�1)HAZ
encapsulated suits, Part#487090077
Detection Biological Air Sampler-collects air S9,625 Oa 1 I $9,625 O0 1)HAZ
articulates into buffer for testing at lab 1
Part#BT-550
� I
I
I ! �
1
Total Jurisdictional Value of Equipment: $27,080.7
1, on behalf of The City of Kent, WA, agree to accept the equipment listed above.
Jim White y
Mayor w�Z
Page 1 of 2
Attachment B
King County—FFY01 DOJ Equipment Grant
CERTIFICATIONS AND ASSURANCES
As a recipient of equipment purchased with federal funds under the STATE AND
LOCAL DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM project,
Award Number (2002-TE-00048) (CFDA 16.007), The City of Kent, WA makes the
following certifications and assurances:
1. OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968: It will
comply with the applicable provisions of Title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, the Juvenile Justice and
Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and
Administrative Guide for Grants, M7100.1; and all other applicable Federal
laws, orders, circulars, or regulations.
2. CIVIL RIGHTS: It will comply with the nondiscrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC
3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act
of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as
amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination
Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR
Part 42, Subparts C,D, E, and G; and Department of Justice regulations on
disability discrimination, 28 CFR Part 35 and Part 39.
3. LOBBYING: As required by Section 1352 of the U.S. Code, and implemented
at 28 CFR Part 69, for persons entering into a grant or cooperative agreement
over $100,000, as defined at 28 CFR Part 69, the applicant certifies that:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the making of any Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal grant or cooperative agreement;
b) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency,�a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form — LLL, "Disclosure of Lobbying Activities," in accordance
with its instructions.
Page 1 of 2
Attachment B
King County—FFY01 DOJ Equipment Grant
c) The undersigned shall require that the language of this certification be included
in the award documents for all subawards at all tiers (including subgrants,
contracts under grants and cooperative agreements, and subcontracts) and
that all final receiving agencies (sub-recipients) shall certify and disclose
accordingly.
Jim White =y
Mayor Z
Date
Page 2 of 2
Attachment C
King County—FFY01 DOJ Equipment Grant
PART III -- POST AWARD
REQUIREMENTS
• Chapter 1: Payments
Financial
Guide • Chapter 2: Period of
Availability of Funds
• Chapter 3: Matching or Cost
" Sharing
• Chapter 4: Program Income
i Chapter 5: Adjustments to
Awards
Chapter 6: Property and
Millennium Issue Equipment
� w Chapter 7: Allowable Costs
• Chapter 8: Confidential Funds
• Chapter 9: Subawards
• Chapter 10: Procurements Under Awards of Federal Assistance
• Chapter 11: Reporting Requirements
• Chapter 12: Retention and Access Requirements for Records
• Chapter 13: Sanctions
• Chapter 14: Termination for Convenience
• Chapter 15: Costs Requiring Prior Approval
• Chapter 16: Unallowable Costs
• Chapter 17: Indirect Costs
• Chapter 18: Closeout
• Chapter 19: Audit Requirements
Page 1 of 3
Attachment C
King County—FFY01 DOJ Equipment Grant
Chapter 6: Property and Equipment
Acquisition of Property and Equipment. Recipients/final receiving agencies
(subrecipients) are required to be prudent in the acquisition and management of
property with Federal funds. Expenditure of funds for the acquisition of new property,
when suitable property required for the successful execution of projects is already
available within the recipient or subrecipient organization, will be considered an
unnecessary expenditure.
Note: Equipment purchased using funds made available under Federal grants shall be
year 2000 compliant and shall be able to process all time/date data after December
31, 1999.
Screening. Careful screening should take place before acquiring property in order to
ensure that it is needed with particular consideration given to whether equipment
already in the possession of the recipient/subrecipient organization can meet identified
needs. While there is no prescribed standard for such review, recipient/subrecipient
procedures may establish levels of review dependent on factors such as the cost of
the proposed equipment and the size of the recipient or subrecipient organization.
The establishment of a screening committee may facilitate the process; however, a
recipient or subrecipient may utilize other management techniques which it finds
effective as a basis for determining that the property is needed and that it is not
already available within the recipient's organization.
The awarding agency's program monitors must ensure that the screening referenced
above takes place and that the recipient/subrecipient has an effective system for
property management. Recipients/subrecipients are hereby informed that if the
awarding agency is made aware that the recipient/subrecipient does not employ an
adequate property management system, project costs associated with the acquisition
of the property may be disallowed.
Loss, Damage, or Theft of Equipment. Recipients/Final Receiving Agencies
(subrecipients) are responsible for replacing or repairing the property which is willfully
or negligently lost, stolen, damaged, or destroyed. Any loss, damage, or theft of the
property must be investigated and fully documented and made part of the official
project records.
Real Property Acquired with Formula Funds.
1. Land Acquisition. Block/formula funds CANNOT be used for land acquisition.
2. Title. Subject to the obligations and conditions set forth in the award, title to real
property acquired under an award or subaward vests, upon acquisition, in the recipient
or subrecipient.
3. Use of Real Property. The recipient and its subrecipients may use real property
acquired, in whole or in part, with Federal funds for the authorized purposes of the
original grant or subaward as long as needed for that purpose. The subrecipients shall
Page 2 of 3
Attachment C
King County—FFY01 DOJ Equipment Grant
maintain an inventory report which identifies real property acquired, in whole or in part,
with block or formula funds. The recipient or subrecipient shall not dispose of or
encumber its title or other interests.
4. Disposition. The subrecipient shall obtain approval for the use of the real property
in other projects when the subrecipient determines that the real property is no longer
needed for the original grant purposes. Use in other projects shall be limited to those
under other Federally-sponsored projects or programs that have purposes consistent
with those authorized for support by the State. When the real property is no longer
needed as provided above, the subrecipient shall request disposition instructions from
the State. The State shall exercise one of the following:
a. Direct the real property to be transferred to another subrecipient or a criminal justice
activity needing the property, provided that use of such real property is consistent with
those objectives authorized for support by the State.
b. Return all real property furnished or purchased wholly with Federal funds to the
control of the awarding agency. In the case of real property purchased in part with
Federal funds, the subrecipient may be permitted to retain title upon compensating the
awarding agency for its fair share of the property. The Federal share of the property
shall be computed by applying the percentage of the Federal participation in the total
cost of the project for which the property was acquired to the current fair market value
of the property. In those instances where the subrecipient does not wish to purchase
real property originally purchased in part with Federal funds, disposition instructions
shall be obtained from the awarding agency.
Page 3 of 3
Attachment D
King County—FFY01 DOJ Equipment Grant
DISTRIBUTION AGREEMENT
This Contract is entered into by King County, represented by the Department of
Executive Services, Office of Emergency Management and the City of Kent (Final
Receiving Organization or subrecipient), whose address is 24611 1161 Avenue SE
Kent, Washington 98030. King County is undertaking certain activities related to the
STATE AND LOCAL DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT
PROGRAM Project as funded by the U.S. Department of Justice under Grant Award
Number (2002-TE-00048). Under the terms and conditions of Grant Award Number
2002-TE-00048, King County will be distributing specialized emergency response
equipment to the City of Kent. The distribution of the equipment is subject to the
following terms and conditions.
1. The equipment delivered to the City of Kent (Final Receiving Organization or
subrecipient ) is as described in Attachment A.
2. The equipment delivered to the City of Kent is accepted "as is" with the
understanding that King County disclaims all warranties for the delivered
equipment. Should the equipment not perform as specified by the vendor, King
County will provide all warranty repair information to the City of Kent.
3. The City of Kent is responsible for the exchange of equipment with like items
for proper size, etc. King County will provide all exchange information to the
City of Kent.
4. The City of Kent is responsible for all training related to the proper use, care
and maintenance of the delivered equipment.
5. King County assumes no responsibility for the use, care or maintenance of the
delivered equipment by the City of Kent. The City of Kent shall protect, defend,
indemnify and save harmless King County, its officers, employees and agents
from any and all costs, claims, judgments and/or awards of damages, arising
out of or in any way resulting from the negligent acts or omissions of King
County, its officers, employees, and/or agents. The City of Kent agrees that its
obligations under this subparagraph extend to any claim, demand, and/or
cause of action brought by or on behalf of any of its employees, or agents. For
this purpose, the City of Kent, by mutual negotiation, hereby waives, as
respects King County only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW.
In the event that King County incurs attorney fees and/or costs in the defense
of claims, for damages within the scope of this section, such fees and costs
shall be recoverable from the City of Kent. In addition, King County shall be
entitled to recover from the City of Kent, fees, and costs incurred to enforce the
provisions of this section.
Page 1 of 2
Attachment D
King County—FFY01 DOJ Equipment Grant
Claims shall include, but not be limited to, assertions that the use or transfer of
any software, book, document, report, film, tape, or sound reproduction or
material of any kind, delivered hereunder, constitutes an infringement of any
copyright, patent, trademark, trade name, and/or otherwise results in unfair
trade practice.
6. The City of Kent shall comply with the Department of Justice Post Award
Requirements, Chapter 6: Property and Equipment, of Grant Award Number
(2002-TE-00048), Attachment C, copy attached and incorporated by reference
as if fully stated herein.
C
Jim White . . . . . , '.P. _ :a
Mayor ril Z. ninistrative Officer
City of Kent King County
Date Date
Page 2 of 2
Attachment E
King County—FFY01 DOJ Equipment Grant
Agency Point of Contact for Delivery
(Must be equipped to accept large pallets of equipment.)
Name:
Title:
Organization:
Kent
Shipping Address (cannot be a PO Box): _N/A (Centralized at Auburn Fire
Department)
City, State, Zip: _Kent, WA
98030
Fax Number:
Phone Number 253-856-
4300
E-mail Address:
Page 1 of 1
Attachment F
King County—FFY01 DOJ Equipment Grant
CITY OF KENT HAND RECEIPT
(Date)
Name
Organization: Kent Fire Department
Address: 24611 116" Avenue SE
Kent, WA 98003
1 hereby acknowledge receipt of the following equipment from the State Domestic
Preparedness Equipment Support Program.
Equipment Item I Unit Cost Oty Total Cost Discipline
Category
Personal MSA,Air Purifying Respirator-Advantage $127.62 85 EA. $10,847 7 85)LAW
Protective 1000 Riot Facepiece-law enforcement.
MSA,Advantage CBA-RCA canister for S23 6 85 EA S2,150.33(91) LAW
PR,used for chem/bio and not control.
Pkg of 6
relleborg VP-1 Universal Level A $2,000 0 2 I $4000.012)HAZ
chemical Suit One piece NFPA
compliant Medium duty/reusable
relleborg testing equipment for fully $457 7 1 $457 73(1)HAZ
encapsulated suds, Part#487090077
Detection Biological Air Sampler-collects air S9.625 OC 1 $9,625 0 (1)HAZ
articulates into buffer for testing at lab
Part#BT-550
Total Jurisdictional Value of Equipment: $27,080.7
We understand this is a one-time grant and, as such, the final sub-recipient is
responsible for the maintenance, training, and proper storage of the equipment.
Equipment lost, stolen, or unrepairable will not be replaced. We also hold the
Department of Justice, the Washington State Military Department and King County
harmless for any and all damages that may result from the acceptance of this equipment,
including data loss.
Signed by:
Title:
Telephone:
Date:
Page 1 of 1
Kent City Council Meeting
Date August 20, 2002
Category Consent Calendar
1. SUBJECT: SOUTH COUNTY JOURNAL BILL OF SALE—ACCEPT
2. SUMMARY STATEMENT: As recommended by the Public Works Director,
accept the Bill of Sale submitted by Northwest Media(Washington) L.P. for continuous
operation and maintenance of 8 feet of watermain and 225 feet of street improvements
on South County Journal property. Bonds are to be released after the maintenance
period. This project is located at 600 Washington Avenue.
3. EXHIBITS:
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6K
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Kent City Council Meeting
Date August 20, 2002
Category Consent Calendar
1. SUBJECT: BAYVIEW TOWNHOMES BILL OF SALE—ACCEPT
2. SUMMARY STATEMENT: As recommended by the Public Works Director,
accept the Bill of Sale submitted by Bayview, L.L.C. for continuous operation and
maintenance of 2,621 feet of watermain and 2,002 feet of sanitary sewers on the
Bayview Townhomes site. Bonds are to be released after the maintenance period. This
project is located at S. 228th Street and Lakeside Boulevard East.
3. EXHIBITS:
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6L
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Kent City Council Meeting
Date August 20, 2002
Category Consent Calendar
1. SUBJECT: DRINKING DRIVER TASK FORCE APPOINTMENT - CONFIRM
2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Ron
Harmon to serve as a member of the Kent Drinking Driver Task Force. Mr. Harmon is
a Kent resident and has been active in the Kent community. He currently serves as a
member of the Land Use and Planning Board. Mr. Harmon will replace Kevin Ruoff,
who resigned. He will complete Mr. Ruoffs term and serve until 1/l/2006.
Confirmation of the Mayor's appointment of Becky Hanks as a member of the Kent
Drinking Driver Task Force. Ms. Hanks is Community Connections Director for the
Kent School District and is a Kent Rotarian. She also serves on the Board of Directors
of SKCAC Industries. She will replace Gwen Dupree. She will finish Ms. Dupree's
term and serve until 1/1/2006.
3. EXHIBITS: Memo
4. RECOMMENDED BY: Mayor White
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6M
OFFICE OF THE MAYOR
Jim White, Mayor
Phone:253-856-5700
Fax. 253-856-6700
400 • Address: 220 Fourth Avenue S.
KENT Kent,WA 98032-5895
WASHINGTON
TO: JUDY WOODS, COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM: JIM WHITE,MAYOR
DATE: AUGUST 12, 2002
RE: APPOINTMENTS TO KENT DRINKING DRIVER TASK FORCE
I have appointed Mr. Ron Harmon to serve as a member of the Kent Drinking Driver Task Force.
Mr. Harmon is a Kent resident and has been active in the Kent community. He currently serves
as a member of the Land Use and Planning Board.
Mr. Harmon will replace Kevin Ruoff, who resigned. He will complete Mr. Ruoff's term and
serve until l/l/2006.
I have also appointed Ms. Becky Hanks as a member of the Kent Drinking Driver Task Force.
Ms. Hanks is Community Connections Director for the Kent School District and is a Kent
Rotarian. She also serves on the Board of Directors of SKCAC Industries. She will replace
Gwen Dupree. She will finish Ms. Dupree's term and serve until 1/l/2006.
I submit this for your confirmation.
jb
Kent City Council Meeting
Date August 20, 2002
Category Bids
1. SUBJECT: 104TH AVENUE SE SCHEDULES I, II AND III
2. SUMMARY STATEMENT: The bid opening for this project was held on
August 7th with four bids received. The low bid was submitted by Rodarte
Construction Inc. in the amount of$655,824.00. The Engineer's estimate was
$584,784.50. The Public Works Director recommends awarding Schedules I, II, and III
of this contract to Rodarte Construction Inc.
3. EXHIBITS: Memorandum from Pu is Works Director
4. RECOMMENDED BY: Public W ks Director
(Committee, Staff, Examiner, Co ission, etc.)
5. UNBUDGETED FISCAL/PE ONNEL IMPACT: NO X YES
6. EXPENDITURE RE UIR $
SOURCE OF FUNDS: Ca tal Improvement Drainage and Trans ortation Funds
7. CITY COUNCIL ACTI :
Councilmember_ C Q,O A moves, Councilmember seconds
that the 104th Avenue SE Schedules I, II, and III of this contract be awarded by Rodarte
Construction Inc.
DISCUSSION: `
ACTION:
Council Agenda
Item No. 8A
COMMUNITY DEVELOPMENT
Mike H. Martin, Deputy Chief Administrative Officer
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone.253-856-5500
Fax. 253-856-6500
K E N T Address- 220 Fourth Avenue S.
WASH I H G T o H Kent,WA 98032-5895
Date: August 20, 2002
To: Mayor&City ou cil
From: Don Wickstrom, Public Works Director
Subject: 104th Avenue SE & SE 267th Street Roadway Raising (Schedule I)
104th Avenue SE Asphalt Overlay- SE 256th St. — SE 267th St. (Schedule II)
SE 260th St. Storm Sewer Replacement—West of 104th Ave. SE (Schedule III)
Bid opening for this project was held on August 7th with four bids received. The low bid was
submitted by Rodarte Construction Inc. in the amount of$655,824.00. The Engineer's estimate
was $584,784.50. The Public Works Director recommends awarding this contract to Rodarte
Construction Inc.
Bid Summary
Rodarte Construction Inc. $655,824.00
Pivetta Bros. Construction Co. $678,264.08
Woodworth & Co., Inc. $704,715.30
R. W. Scott Construction $773,376.84
Engineer's Estimate $584,784.50
MOTION:
Councilmember moves, Councilmember seconds that the 104th
Avenue SE Schedules I, II, and III contract be awarded to Rodarte Construction Inc. for the low
bid amount of$655,824.00.
104th Ave SE
cc NYoshitake
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
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B. OPERATIONS COMMITTEE
C. PUBLIC SAFETY COMMITTEE
D. PUBLIC WORKS 4A S+
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E. PLANNING COMMITTEE kA/A/
F. PARKS COMMITTEE
G. ADMINISTRATIVE REPORTS '(mod ✓� � �S ' a' /
REPORTS FROM SPECIAL COMMITTEES
CONTINUED COMMUNICATIONS
A.
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EXECUTIVE SESSION