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City Council Meeting - Council - Agenda - 08/19/2003
City of Kent City Council Meeting Agenda August 19, 2003 Mayor Jim White Councilmembers Judy Woods, Council President Tim Clark Julie Peterson Connie Epperly Bruce White Leona Orr Rico Yingling KENT W A 5 H I N0TON City Clerk's Office SUMMARY AGENDA KENT CITY COUNCIL MEETING KENT August 19,2003 W A S N I N O T O N 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 3. CHANGES TO AGENDA A. FROM COUNCIL,ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4. PUBLIC COMMUNICATIONS A. Performing Arts Scholarship Awards B. Economic Update 5. PUBLIC HEARINGS A. LID 356, 11 lth Avenue SE Sanitary Sewers 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—Approve C. Project Construction Agreement with Puget Sound Energy, Pacific Highway S. HOV Lanes Project—Authorize D. Joint Utility Trench Agreement with Comcast, Pacific Highway S. HOV Lanes Project—Authorize E. Bret Gagliardi Sewer Latecomers Agreement—Authorize F. Disposal of Surplus Vehicles and Equipment—Authorize G. Public Works Trust Fund Pre-Construction Loan—Authorize H. Rainwater Harvesting System Ordinance—Adopt 3(D 5 fo I S 1. LID 357, 120th Place SE Sanitary Sewers—Adopt Resolution Setting Hearing Date J. Agreement Regarding Development and Operation of Grandview Park Off-Leash Area—Authorize K. Agreement for Public Defense Services—Authorize L. Valley Medical Center Occupational Health Service Addendum and Extension to Contract for Services—Authorize M. Application for Local Law Enforcement Block Grant Program for 2003—Approve N. Kent Station Preliminary Plat Appeal Findings and Conclusions Resolution- & a- Adopt O. Excused Absence for Councilmember Peterson 7. OTHER BUSINESS None (continued next page) SUN04ARY AGENDA CONTINUED 8. BIDS A. 3rd Avenue So. &Washington Ave.Pump Stations 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10. REPORTS FROM SPECIAL COMMITTEES 11. CONTINUED COMMUNICATIONS 12. EXECUTIVE SESSION A. Property Acquisition(2) 13. ACTION AFTER EXECUTIVE SESSION 14. 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. 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A) FROM COUNCU,,ADMINISTRATION, OR STAFF $) FROM THE- I,IC t F ' - ' w o A 1 . ' COMMUNI JK\l3 A) xF©�O ARTS SCHOLA awes B) ECONOA iC UPDATE ^tav _ r / t ;tea'�' �-+�^..•v�Vra>'ir- w% Kent City Council Meeting Date August 19, 2003 Category PublicHearinQa 1. IM UM: LID 356,,1 I ITH AVENUE SE SANITARY SEWERS 2. ��UAHA This date has been set for the public hearing on the forms6on,ofLID 356. The Public Works Department will make a presentation. 3.-- S: Pubes: o*o�I)iifttor memorandum 4. BY&UM1wIllED_ ..4 7/I5/03 , tCortttee, Staff,.Exaner;Commission, etc.) 5. JMWjMQ T EL . j- ,jMNNEL�' E : NO X YES 6. Q.1A== =of E=6: 7. CU WQ�1.1 A. , Council member--,,.,,=ov Councihnember, _,,,,_seconds to,4ose#ho�public howin . B. - Councilmemberew oven Councilmember conds to approve the formation of LM 356, for the constmction of I 1 I a'Avenue Sanitary Sewers project, including mated improvementsand to direct the City Attorney to draft the necessary ordinance for the September end City Council Meeting. DISCUSSION. � � x� ( ACTION ' Council Agenda item No. 5A x 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 I, 2003 To: May �an�d City Council From: Doi>•1VIDFckstrom Regarding: L.I.D. 356: III" Avenue Sanitary Sewers (SE 2561h Street to 850 feet north) August 19, 2003 has been scheduled for the formation hearing for the above referenced L I.D. project. BACKGROUND The City received a petition for the installation of sanitary sewers in the vicinity of I l Vh Avenue SE and SE 2561h Street in the residential plat of Coates Addition as shown on the attached map. Subsequently, all property owners within the project area were contacted and there was adequate support to proceed with the L.I.D. formation. The project area is inside the city limits and Kent's sewer service area. The City developed a proposal to service eleven unsewered lots. All other lots on this portion of I I Ph Avenue SE already have sewer connections. The information including cost was given to the petitioner. The petitioner sent the information to the neighbors in the area and confirmed interested in the L.I.D. with new signatures on a new petition. Eight of the eleven lots (73%) signed the petition. These parcels are indicated on the map. The proposal was reviewed by the Public Works Committee on July 7, 2003 and the Resolution of Intent was passed by City Council on July 15, 2003 setting the hearing date for August 19,2003. PROPOSED SANITARY SEWER IMPROVEMENTS The proposed project is the construction of an 8" sanitary sewer system with 6" side sewer stubs to the right-of-way line for each of the 11 properties included in the L.I.D. boundary. The construction will include 8" sewer at the following locations: ON FROM TO I 1 I1h Ave. SE SE 2561h Street Approximately 850 feet north P WSPT\MerTd1\MemosW-1 LID356 Mayor/Council doc Page 3 of NEED FOR SEWERS The project area consists an older residential plat (1965) developed with septic systems. Five of the eleven lots remain vacant needing sewer to be developed. It is not known how many existing septic systems are technically in a state of failure, however, we understand from the residence that there are septic problems in the area. One owner said his system is near total failure and needs frequent pumping of the septic tank. He is unable to get a permit to rebuild his drain field. Usually it is difficult to repair septic problems, especially on small lots such as these with limited space. Sanitary sewers are usually the most feasible, economical and long terns method for addressing these problems, especially when numerous property owners in a neighborhood support sewer installation as is the case with this proposal. The Department of Public Health has told us that the life expectancy of a septic system is 20 to 30 years depending on use and maintenance and that they are a short term disposal method until public sewers become available. The project area has greatly exceeded this time frame and the reports of failures substantiate that these systems are at or are near the end of their useful life. They also say that the cost of septic repairs may be as high as converting to public sewers. The latest state codes make septic repairs, if allowed, more difficult and expensive. The soil type within the project area is poorly rated for septic system use. According to the soil Conservation Service (US Dept. of Agriculture) Soil survey for King County, the soil type as mapped is rated severe limitation for septic drain fields. The soil series is designated as AgB (Alderwood gravelly sandy loam, 0 to 6% slopes). This soil exhibits very slow permeability below a depth of 24 40 inches and a seasonal high water table. Effluent and drainage move laterally over the imperious layers. Effluent may come to the surface in yards and in roadside ditches. Five of the eleven lots in the proposed L I D. are vacant. Sanitary sewer is needed to make these lots developable. Without sewer, the owners cannot develop the lots or realize the full value of the property upon selling. There is interest in improving these lots with sewer. However, one owner of an undeveloped lot said she doesn't support the local improvement district. The project area is adjacent to a stream and mapped wetland which is tributary to Upper Mill Creek. Septic systems are a threat to water quality. PROJECT FUNDING L.I.D. $165,000 CITY 91,500 TOTAL $ 256,500 The total L.I.D. assessment is estimated at $165,000. The preliminary assessment is $15,000 per lot. There are no City owned properties within the proposed project, therefore no assessments to be paid by the City. However, the proposal is for the City to contribute $91,500 sewer utility funds. Nine of the P\ASP RMernll\MertrosWg-1 LID356 Mayor/Council doc Page 3 of 3 twenty lots along the proposed sewer have already obtained service from a sewer east of the plat. Therefore, there are only 11 of the 20 lots remaining to share the cost of the proposed sewer. If all 20 lots were included, the estimated assessment would be approximately $15,000 per lot. The proposal is for the City to fund the costs in excess of the $15,000 per lot assessment. METHOD OF ASSESSMENT All lots are platted single family lots receiving one side sewer connection so all are assessed equally. PAYMENT OF ASSESSMENT Upon Council passing the Ordinance confirming the Final Assessment Roll, there is a 30-day period in which any portion or all of the assessment can be paid without interest charges. After the 30-day period, the balance is paid over a ten-year period wherein each year's payment is one-tenth of the principal plus interest on the unpaid balance. The market determines the interest rate at the time the L.I.D. bonds are sold to the public. SUPPORT FOR L.I.D. 356 To defeat an L.I.D. proposal, there must be protest from property owners representing 60% or more of the proposed L.I.D. assessments. The total project cost for calculating protest percentage is $165,000 The 60% protest amount is $99,000. As indicated previously, there appears to be substantial property owner support for the project with 73% expressing interest. Should this level of support continue through the public heanng process, it will then be a City Council decision whether or not to proceed with the L.I.D. formation process and approve the L.I.D. formation ordinance. MANDATORY SEWER CONNECTION The City Code states that all residences, whether within or outside the City limits, located within 200 feet of a City of Kent sanitary sewer shall be required to connect to the sewer and shall be billed for the service. The Code provides that compliance with this provision be within 90 days after the date of official notice. In the case of a public health or safety hazard, compliance shall be within 20 days of official notification. Following construction of the project, should the L I.D. be formed, the City will send each property owner an official notice that the sanitary sewer service is available to the parcel and is within 200 feet of the house. Following the compliance period, all developed properties that have not yet applied for a side sewer permit will automatically be added to the sewer billing list. Attachment i P%ASP71MemIl\Memos\06-1 LID356 Mayor/Council doc Page 3 of 3 < .E. 116 ST. a S 218TH T Z 7 m i O SE 223RD ST '^ CITY OF KENT ; D Ln U S 28 r I N / � � r q T E j ST m � r / ST ut SE 40 T W VI Vf SMITH T SE 44 ST CLARK Y �p it Oi = /n SE 48TH ST > N S N ST • CT 1 W WA T S S � S 9TH ST � < R z sE 264TH ST W U N W W N m 0 Ix Ri R 3 m LLER gI S 277 ST y qq�R J 3 CITY or KENT ENOINEERWO DEPARTMENT ` 400 W. OOWE ST KENT. wA. 09032 W PROPOSED SANITARY SEWER L.I.D. VICINITY MAP KENT 111TH AVENUE S.E. (S.E. 256TH STREET TO 850 FT. NORTH) JUNE. 2003 3 S.E. 25214D ST --EXISTING SANITARY ' SEWER - PROPOSED 6" SANITARY W SEWER LEGEND W ASSESSMENT WETLAND' W EXISTING OO NUMBER SIDE SEWER LID PARCEL - _ --PROPOSED OSANITARY - T SEWER PROPOSED *O I )SEW ANITARY �t SIGNED NEW _ ER PETITION NDARY S.E. 256TH ST < _P S A Ojp V n i 0 L.I.D. 356 PROPOSED SANITARYEERING ESEWER L.I.D. BOUNDARY MAP W > KENT 111TH AVENUE S.E. (S.E.256TH STREET TO 850 FT. NORTH) N y u 4 .4 V, S c ENT 6. moves,C6=ilmember&60446--'� secods tug smt Calendar Items A through 0. :Discussioll 6A. Nbuto ApprovItIpf the minutesvf the rqular Counting of August 5, 2003. 6B. l uv If. Approval of payment oft bcW�eived through July 31 and paid on July 31 after mgby the Open iltee on August 5,'2003. on Check NuMbw Amount Wire TiA= 147ZI479, $120319279.15 Jow VA� , 818,394.73 Xl Prqm 5 y. s,,& -51152 Riga 551990 2,698,254.85 $495473928.73 for JulYJ.d"gh July 15 and paid on July 189 Check NQUbW Amount VIM ,064s 271439-271751 $ 2689334.75 A"06 _150710-1,54-376 1,184,038.44 $19452,373.19 ARvmvA,,,9j9be&j i�U RM%o_1I for My 16 through July 31 and paid on August 5, 2003. Che ck _jLnt Pak O M N_Mv*w AMo 7/21�- 271752 8/5/03 271753-2, 8 $ 293,860.81 8/5/03 Advicca 151371-15�2W 1,111,112.95 $11,465,973.76 Council Agenda 31, Item W 6 A • KEN T Kent City Council Meeting W A 3 N I N G T O N August 5, 2003 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, White, Woods and Yingling. Councilmember Peterson was excused from the meeting. Approximately 30 people were in attendance. (CFN-198) CHANGES TO AGENDA A. From Council, Administration or Staff. (CFN-198) Consent Calendar Item L was added by Council President Woods, and the City Attorney revised Consent Calendar Item G and Other Business Item 7A. CAO Martin noted that one item of property acquisition can be taken off the Executive Session. B. From the Public. (CFN-198) At the request of Bob O'Brien, Continued Communications Item I IA was added. PUBLIC COMMUNICATIONS A. Employee of the Month. (CFN-147) City Attorney Tom Brubaker and Deputy City Attorney Pat Fitzpatrick were named August Employees of the Month. B. Introduction of Appointees. (CFN-198) The Mayor introduced Cathy Peters, his appointee to the Human Services Commission. CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A through L, including the amendment to Item G. Orr seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular meeting of July 15, 2003, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on July 15, 2003, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 7/15/03 Wire 1461-1471 $1,365,894.83 7/15/03 Prepays & 550610 1,331,772.77 7/15/03 Regular 551151 579,273.47 $3,276,941.07 Approval of checks issued for payroll for June 16 through June 30 and paid on July 3,2003: Date Check Numbers Amount 6/26/03 Interim Checks 271143 $ 32.20 $ 32.20 7/3/03 Checks 271144-271438 $ 256,844.29 7/3/03 Advices 150031-150709 1308,901.39 $1,565,745.68 1 Kent City Council Minutes August 5,2003 C. LID 355, SE 216th & 104th Place SE Sanitary Sewers,Ordinance. (CFN-1279) Ordinance No. 3653, which orders the construction of the sanitary sewer system in the vicinity of SE 216`h Street and 1041h Place SE and establishes Local Improvement District ("LID") 355,was adopted. D. 2002 Water System/Water Conservation Potential Assessment Amendine Ordinance. (CFN-599) Ordinance No. 3654, which amends the 2002 Water System Plan to include the City's June 3, 2003, Water Conservation Potential Assessment,was adopted. E. Selbourne Lane Final Plat. (CFN-1272) The final plat mylar for the Selbourne Lane Final Plat(FSU-2002-10), was approved and the Mayor was authorized to sign the final plat mylar. F. King County Countywide Plannine Policies Amendments Ratification Resolution. (CFN-961sf) Resolution No. 1650,which ratifies proposed amendments to the Countywide Planning Policies per King County Ordinances 2003-0123, -0124, -0125 and -0126, and disapproves the proposed amendment per King County Ordinance 2003-0127, was adopted. G. City of Auburn Home Repair Agreement Renewal. (CFN-1000) The Mayor was authorized to sign the agreement with the City of Auburn to continue to provide Home Repair services to residents in 2003, subject to approval of final contract terms by the City Attorney. H. Century 21 Donation. (CFN-104) A $1,000.00 donation from Century 21 was accepted and the Glenn Nelson Park budget was amended. I. Turnkev Park, Fee-In-Lieu of Funds. (CFN-118) The $7,050.00 fee-in-lieu of funds from Dreamworks Construction was accepted and the Turnkey Park budget was amended. J. 2003 Tree Education Program Donation. (CFN-104) The $750.00 donation from the Kent Rotary Club was accepted and the Parks 2003 Tree Education Program was credited. K. Human Services Commission Appointment. (CFN-873) The Mayor's appointment of Ms. Cathy Peters to serve as a member of the Kent Human Services Commission, was confirmed. L. Excused Absence. (CFN-198) An excused absence from tonight's meeting for Councilmember Peterson was approved. OTHER BUSINESS A. State Energy Project Financine Agreement with State Treasurer. (CFN-120) Mayor White noted that the proposed ordinance authorizes the acquisition of property and execution of a financing contract with the Office of the State Treasurer, including execution of all related documentation for energy audit capital improvements on city buildings. YINGLING MOVED to adopt Ordinance No. 3655 authorizing the acquisition of personal property and execution of a financing contract with the Office of the State Treasurer, including execution of all related and documentation for energy audit capital improvements on city buildings. Clark seconded and the motion carried. BIDS A. 2003 Traffic Striping. (CFN-1282) The bid opening for this project was held on July 24, 2003 with three bids received. The low bid was submitted by Stripe Rite, Inc. in the amount of 2 Kent City Council Minutes August 5, 2003 $39,400.00. The Engineer's estimate was $40,775.00. The Public Works Director recommends awarding this contract to Stripe Rite, Inc. CLARK SO MOVED. Yingling seconded and the motion carved. B. Alvord Avenue N. Water Main Replacement. (CFN-1283) The bid opening for this pro- ject was held on July 24, 2003 with five bids received. The low bid was submitted by Site Development, Inc. in the amount of$99,856.64. The Engineer's estimate was $138,740.67. The Public Works Director recommends awarding this contract to Site Development, Inc. CLARK SO MOVED. Yingling seconded and the motion carved. C. 101 st Avenue SE & SE 256th St. Traffic Signal Revision. (CFN-171) The bid opening for this project was held on July 25, 2003 with four bids received. The low bid was submitted by Signal Electric, Inc. in the amount of$63,973.00. The Engineer's estimate was $65,000.00. The Public Works Director recommends awarding this contract to Signal Electric, Inc. CLARK SO MOVED. Yingling seconded and the motion carried. D. Boeing and Mill Creeks Restoration Improvements. (CFN-1038) The bid opening for this project was held on July 25, 2003 with five bids received. The low bid was submitted by SCI Infrastructure, LLC in the amount of$291,663.15. The Engineer's estimate was $366,644.03. The Public Works Director recommends awarding this contract to SCI Infrastructure,LLC. CLARK SO MOVED. Yingling seconded and the motion carved. REPORTS C. Public Safety Committee. (CFN-198) Epperly noted that the next meeting will be held at 5:00 p.m. on August 12 . E. Planning Committee. (CFN-198) Orr noted that the next meeting will be held at 3:00 p.m. on August 19 . F. Parks Committee. (CFN-198) Woods noted that there will not be a meeting in August. G. Administrative Resorts. (CFN-198) Martin reminded Council members of an Executive Session of approximately ten minutes, with no action anticipated. CONTINUED COMMUNICATIONS A. Citizen Survey. (CFN-198) Bob O'Brien, 1131 Seattle Street, asked questions about the recent citizen survey; Mayor White, Martin and Woods responded to his concerns. EXECUTIVE SESSION (CFN-198) The meeting recessed to Executive Session at 5:29 p.m. and reconvened at 5:47 p.m. ADJOURNMENT (CFN-198) WOODS MOVED to adjourn at 5:47 p.m. Orr seconded and the motion carried. Brenda Jacober, C City Clerk 3 __ _ ;,s Kent City Council Meeting ,- „ r _ Date August 19. �t�3 i _. . r Category Consent Calendar PROTECT CONSTRUCTION AGREEMENT WITH PUGET SOUND-ENERGY,PACIFIC HIGHWAY S. HOV LANES 4 PROF AUTHORIZE As recommended by the Public Works Committee, -aiidwrIzation for the Mayor to:sign the Project Construction Agreement with Puget S6wd Energy for conversion of the overhead power to underground for the South Phase of Pacific Highway South HOV Lane Project, subject to the City Attorney's and the Public Wojrks,Diroctoes concurrence of the language therein. 3. ' ., §W Public Works Director inemoranduin and agreement 4. — :hbU_Works Co=V*o� �Wft Stafl" 6` &fission, etc) L . . !' + . QW-W L: O: NO X YES 6. 19,MNOrTM, so 7. =-'gQ0 t3OFI IN. _ C€runcilmember moves,Councilmember seconds DISCUSSI ,> w ACTION: %_ Council Agenda Itern No. 6C PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone:253-856-5500 Fax: 253-856-6500 KE N T Address: 220 Fourth Avenue S. WASH IN GIG" Kent,WA.98032-5895 DATE: August 4, 2003 TO: Mayor White and Kent City Council FRONT: Do \V kstrom, Public Works Director THROUGH: SUBJECT: Project Construction Agreement viith Puget Sound Energy Regarding Pacific I-lighiiay South HOV Lanes Project MOTION: Recommend authorizing the Nlayor to sign the Project Construction agreement i%ith Puget Sound Energy upon concurrence of the language therein by the City Attorney and the Public Works Director. SUAINIARY: Underground Conversion Agreement between the City of Kent and Puget Sound Energy for conversion of the overhead power to underground for the South Phase of the Pacific High%%ay South HOV Lanes Project bete een S. 252" Street and S. 272nd Street. BUDGET IDIPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: As part of the Pacific Highway South HOV Lanes Project the overhead distnbution power is being converted to underground in order to meet the requirements of City ordinance. in accordance with a settlement between Puget Sound Energy, local jurisdictions and the Washington Utilities and Transportation Commission,Cities are required to enter into Construction Agreement with Puget Sound Energy to dictatate the terms of the underground conversion. The total cost to the City for this conversion project is approximately$750,000. Mayor While and Kent City Council Construction Agreement Pac Hvy S HOV Lanes- August 4,2003 1 SCHEDULE 74 UNDERGROUND C014VERSION Project Construction Agreement Project Name: Pacific Highway South HOV Lanes: South Phase Conversion Project Number: 101013455 THIS Agreement,dated as of this_day of 2003, is made by and between the CITY OF KENT, a Municipal Corporation (the"Government Entity"). and PUGET SOUND ENERGY, Inc., a Washington Corporation (the"Company'). RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy, and pursuant to its franchise or other rights from the Government Entity,currently locates its electric distribution facilities within the jurisdictional boundaries of the Government Entity. B. The Government Entity has determined that it is necessary to replace the existing overhead electric distribution system within the area specified in the Project Plan (as defined below) (the "Conversion Areal with a comparable underground electric distribution system,all as more specifically described in the Project Plan (the"Conversion Project"). C. The Government Entity and the Company have previously entered into a Project Design Agreement dated as of September 12, 2002 (the'Design Agreement'), pursuant to which the parties completed certain engineering design, cost assessment,operating rights planning and other preliminary work relating to the Conversion Project and, in connection with that effort, developed the Protect Plan. D. The Government Entity and the Company wish to execute this written contract in accords with Schedule 74 of the Company's Electric Tariff G ('Schedule 74")to govern the completion of the Conversion Project, which both parties intend shall quality as an underground conversion under the terms of Schedule 74. AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Definitions. (a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement,including,without limitation,the following: i) Cost of Conversion; ii) Public Thoroughfare; iii) Temporary Service; iv) Trenching and Restoration; V) Underground Distribution System; and vi) Underground Service Lines. (b) "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System which is required by the Company and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, a "comparable' system shall include, unless the Parties otherwise agree,the number of empty ducts (not to exceed two(2).typically having a diameter of 6'or less) Construction Agreement: Schedule 74 , City of Kent:Pac.Hwy.Sci. South Phase Conversion PSE #101013455 of such diameter and number as may be specified and agreed upon in the Project Plan necessary to iepficale the load-carrying capacity (system amperage class) of the overhead system being replaced. (c) 'Estimated Reimbursable Private Conversion Costs"shall mean the Company's good lailh estimate of the Reimbursable Private Conversion Costs,as specified in the Protect Plan and as changed and adjusted from time to time in accordance with Section 6,below. (d) "Estimated Reimbursable Temporary Service Costs"shall mean the Company's good faith estimate of the Reimbursable Temporary Service Costs, as specified in the Protect Plan and as changed and adjusted from time to time in accordance with Section 6,below. (e) "Estimated Reimbursable Upgrade Costs"shall mean the Company's good faith estimate of the Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6,below. (f) 'Estimated Shared Company Costs" shall mean the Company's good faith estimate of the Shared Company Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (g) "Estimated Shared Government Costs"shall mean the Government Entity's good faith estimate of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6,below. (h) "Government-Requested Upgrade"shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing,any empty ducts installed at the request of the Government Entity shall be a Government-Requested Upgrade. (i) "Party' shall mean either the Company, the Government Entity, or both. (j) "Private Property Conversion" shall mean that portion, it any, of the Conversion Project for which the existing overhead electric distribution system is located, as of the date determined in accordance with Schedule 74,(i) outside of the Public Thoroughfare, or (i) pursuant to rights not derived from a franchise previously granted by the Government Entity or pursuant to rights not otherwise previously granted by the Government Entity. (k) "Project Plan"shall mean the protect plan developed by the Parties under the Design Agreement and attached hereto as Exhibit A, as the same may be changed and amended from time to lime in accordance with Section 6,below. The Project Plan includes, among other things,(i)a detailed description of the Work that is required to be performed by each Party and any third party, (n)the applicable requirements and specifications for the Work,(iii)a description of the Operating Rights that are required to be obts'^ed by each Po) for the Ccr :e:cicn Project%u .the r,goscmc^ts and specifications with respect thereto), (iv)an itemization and summary of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private Conversion Costs (if any),Estimated Reimbursable Temporary Service Costs(if any)and Estimated Reimbursable Upgrade Costs (if any), and (v)the Work Schedule. (1) "Operating Rights"shall mean sufficient space and legal rights for the construction,operation, repair, and maintenance of the Underground Distribution System. (m) "Reimbursable Private Conversion Costs"shall mean (i) all Costs of Conversion,if any,incurred by the Company which are attributable to a Private Property Conversion,less(n) the distribution pole replacement costs (if any)that would be avoided by the Company on account of such Private Property Conversion, as determined consistent with the applicable Company distribution facilities Construction Agreement: Schedule 74 i City of Kent: Pac Hwy-So.South Phase Conversion PSE #101013455 replacement program, plus(in)just compensation as provided by law for the Company's interests in real properly on which such existing overhead distribution system was located prior to conversion: provided that the porlion of the Reimbursable Private Conversion Costs attributable to the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated Reimbursable Private Conversion Costs without the prior written authorization of the Governmer� Entity. (n) "Reimbursable Temporary Service Costs"shall mean all costs incurred by the Company which are attributable to(i) any facilities installed as part of the Conversion Project to provide Temporary Service,as provided for in Schedule 74,and(ri) the removal of any facilities installed to provide Temporary Service (less salvage value of removed equipment): provided that the Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs without the prior written authorization of the Government Entity. (o) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company which are attributable to any Government-Requested Upgrade: provided that the Reimbursable Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior written authorization of the Government Entity. (p) "Shared Company Costs"shall mean all Costs of Conversion (other than Reimbursable Upgrade Costs,Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs) incurred by the Company in connection with the Conversion Project; provided,however,that the Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior written authorization of the Government Entity. For the avoidance of doubt,the'Shared Company Costs'shall,as and to the extent specified in the Design Agreement,include the actual, reasonable costs to the Company for the"Design Work' performed by the Company under the Design Agreement. (q) "Shared Government Costs"shall mean all Costs of Conversion incurred by the Government Entity in connection with()any duct and vault installation Work which the Parkes have specified in the Project Plan is to be performed by the Government Entity as part of the Government Wak and(i) the acquisition of any Operating Rights which the Parties have, by mutual agreement, specified in the Project Plan are to be obtained by the Government Entity for the Conversion Project,but only to the extent attributable to that portion of such Operating Rights which is necessary to accommodate the facilities of the Company; provided, however, that the Shared Government Costs shall not exceed the Estimated Shared Government Costs without the prior written authorization of the Company. (r) 'Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include,without limitation, (i)costs to the Government Entity for Trenching and Restoration,of(ri)costs associated with any joint use of trenches by other utilities as permitted under Section 3(b). (s) "Work"shall mean a!I Avrk to be peacrTed in connectrcn:fah the Cv^vrJ.Vr,PrCjc:.t,as mnore specifically described in the Project Plan,including,without limitation,the Company Work(as defined in Section 2(a),below) and the Government Work (as defined in Section 3(a),below). (1) "Work Schedule"shall mean the schedule specified in the Project Plan which sets forth the milestones for completing the Work,as the same may be changed and amended from time to time in accordance with Section 6,below. 2. Obligations of the Company. Construction Agreement: Schedule 74 03 City of Kent: Pac.Hwy So. South Phase Conversion PSE#101013455 v (a) Subject to the terms and conditions of this Agreement,the Company shall do the lollowing as specified in, and in accordance xvith the design and construction specilicatrons and other requirements set forth in,the Project Plan(the"Company 1'Jork"): ) furnish and install an Underground Distribution System within the Conversion Area (excluding any duct and vault installation or other Work which the Parlies have specified in the Project Plan is to be performed by the Government Entity), i) provide a Company inspector on-site at the times specified in the Work Schedule to inspect the performance of any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity;and iii) upon connection of those persons or entities to be served by the Underground Distribution System and removal of facilities of any other utilities that are connected to the poles of the overhead system, remove the existing overhead system(including associated wires and Company-owned poles)of 15,000 volts or less within the Conversion Area except for Temporary Services. (b) Upon request of the Government Entity,the Company shall provide periodic reports of the progress of the Company Work identifying(i)the Company Work completed to date,(ii)the Company Work yet to be completed, and(iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Company Costs, the Estimated Reimbursable Private Conversion Costs(it any), the Estimated Reimbursable Temporary Service Costs (it any),the Estimated Reimbursable Upgrade Costs (4 any) and the Work Schedule. (c) Except as otherwise provided in the Company's Electric Tarilf G, the Company shall own,operate and maintain all electrical facilities installed pursuant to this Agreement including,but not limited to, the Underground Distribution System and Underground Service Lines. (d) Subject to the terms and conditions of this Agreement,the Company shall perform all Company Work in accordance with the Project Plan,the Work Schedule and this Agreement. • 3. Oblivations of the Government Entity. (a) Subject to the terms and conditions of this Agreement,the Government Entity shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the"Government Work'): i) provide the Trenching and Restoration: ii) perform the surveying for alignment and grades for ducts and vaults;and iii) perform any duct and vault installation and other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity. (b) Other utilities may be permitted by the Government Entity to use the trenches provided by the Government Entity for the installation of their facilities so long as such facilities or the installation therent do not inieriPre fas(ielerminPd pio-mans to the Company's PIPr1rical ctandarda)with the Underground Distribution System or the installation or maintenance thereof. Any such use of the trenches by other utilities shall be done subject to and in accordance with the joint trench design specifications and installation drawings set forth or otherwise identified in the Project Plan, and the Government Entity shall be responsible for the coordination of the design and installation of the facilities of the other utilities to ensure compliance with such specifications and drawings. (c) Upon request of the Company, the Government Entity shall provide periodic reports of the progress of the Government Work identifying (i)the Government Work completed to date, (ri)the Government Work yet to be completed, and (iii)an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Government Costs and the Work Schedule. Construction Agreement: Schedule 74 City of Kent:Pac.Hwy.So.South Phase Conversion PSE #101013455 (d) The Government Entity shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. (e) Subject to the terms and conditions of this Agreement,the Government Entrly shag perform all Government Work in accordance wilh the Project Plan,the Work Schedule and this Agreement 4. Work Schedule. (a) The Government Entity and the Company have agreed upon the Work Schedule as set lonh in the Project Plan. Changes to the Work Schedule shall be made only in accordance with Section 6,below. (b) Promptly following the execution of this Agreement, and upon completion by the Government Entity of any necessary preliminary work,the Government Entity shall hold a pre-construction meeting involving all participants in the Conversion Project Io review project design,coordination requirements,work sequencing and related pre-mobilization requirements. Following the pre- construction meeting,the Government Entity shall give the Company written notice to proceed with the Work at least ten (10)business days prior to the commencement dale specified in the Work Schedule. (c) Subject to the terms and conditions of this Agreement,each Party shall perform the Work assigned to it under this Agreement in accordance with the Work Schedule. So long as the Company performs the Company Work in accordance with the Work Schedule,the Company shall not be liable to the Government Entity (or its agents, servants,employees,contractors, subcontractors, or representatives) for any claims, actions, damages,or liability asserted or arising out of delays in the Work Schedule. S. Location of Facilities. All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be located,and all related Operating Rights shall be obtained,in the manner set forth in the applicably provisions of Schedule 74, as specified by the Parties in the Project Plan. 6. Changes. (a) Either Party may, at any time, by written notice thereof to the other Party,request changes in the Work within the general scope of this Agreement (a "Request for Change'), including,but not limited to: (i) changes in,substitutions for,additions to or deletions of any Work;(ri)changes in the specifications, drawings and other requirements in the Project Plan,(0) changes in the Work Schedule, and (iv)changes in the location, alignment,dimensions or design of items included in the Work. No Request for Change shall be effective and binding upon the Parties unless signed by an authorized representative of each Party. (b) If any change inr Itiriod in an a��r/V--C1o; ec1 Inr(vl�,ye �n l 1, ������ ."fit." gc i.4.1e COBOL vi, or the time required for,the performance of any part of the Work,an equitable adjustment shall be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs,the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any),the Estimated Reimbursable Upgrade Costs(if any)and/or the Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10,below. (c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government Costs,the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further Construction Agreement: Schedule 74 06 City of Kent:Pac Hwy.So. South Phase Conversion PSE#101013455 -o- equitably adjusted from time to time to reflect any change in the costs or time required to perform the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11, below,(ii)the discovery of any condition within the Conversion Area which affects the scope,cost, schedule or other aspect of the Work and was not known by or disclosed 10 the allected Party prior to the date of this Agreement,or (m) any change or inaccuracy in any assumptions regarding the scope, cost, schedule or other aspect of the Work which are expressly identified by the PartiES in the Project Plan. Upon the request of either Party,the Parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. II, at any time thereafter, the Parties are unable to agree upon the terms of the equitable adjustment,either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment,each Party shall,it requested by the other Party, proceed with the Work in accordance with any 2pproved Request tot Change. Any request to proceed hereunder must be accompanied by a written statement setting forth the requesting Party's reasons for rejecting the proposed equitable adjustment of the other Party. 7. Compensation and Payment. (a) Subject to and in accordance with the terms and conditions of this Agreement(including, without limitation, the payment procedures set forth in this Section 7).payment in connection wish the Conversion Project and this Agreement shall be as follows: The Total Shared Costs shall be allocated to the Parties in the following percentages: (A) sixty percent (600,0)to the Company,and (B)forty percent(40%)to the Government Entity. ii) The Government Entity shall pay one hundred percent (100%)of all Reimbursable Private Conversion Costs, if any. m) The Government Entity shall pay one hundred percent (10011c)of all Reimbursable Upgrade Costs, it any. rv) The Government Entity shall pay one hundred percent(100%)of all Reimbursable Temporary Service Costs, if any. v) The Government Entity shall pay one hundred percent(100%)of the costs it incurs to perform that portion o1 the Government Work specified in Section 3(a)(i)and(ii)(i e., Trenching and Restoration and surveying). vi) The Company shall pay one hundred percent(100%) of the costs it incurs to design, provide and construct any Company-Initiated Upgrade. vii) The Company shall pay one hundred percent (1000,0) of the costs it incurs to obtain Operating Rights outside the Public Thoroughfare. (b) Based on the allocation of responsibilities set forth in Section 7(a), above,the Parties shall determine the net amount payable by the Government Entity or the Company,as applicable,to the other Party under this Agreement (the"Net Amount"). The Net Amount shall be determined by using the amount of the Total Shared Costs allocated to the Government Entity under Section 7(a)(i), and adjusting such amount as follows: i) Subtracting (as a credit to the Government Entity) the amount of the Shared Government Costs. rr) Adding (as a credit to the Company)the amount of all Reimbursable Private Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary Service Costs. iii) Subtracting (as a credit to the Government Entity)any payments previously made to the Company by the Government Entity under the Design Agreement which,under the terms of the Design Agreement,are to be credited to the Government Entity under this Agreement. Construction Agreement: Schedule 74 6 City of Kent: Pac.Hwy.So.South Phase Conversion PSE N 101013455 The Net Amount, as so calculated, (A)will be an amount payable to the Company if it is a positive number,and (B) shall be an amount payable to the Government Entity it it is a negatne number. (c) Within sixty (60) business days of completion of the Conversion Protect,the Government Entity shall provide the Company with an itemization of the Shared Government Costs(the'Governme Itemization"),together with such documentation and information as the Company may reasonable request to verity the Government Ilemization. The Government Itemization shall, at a minimum, break down the Shared Government Costs by the following categories,as applicable-(1) property and related costs incurred and/or paid by the Government Entity, including any costs of obtaining Operating Rights, and (n)construction costs incurred andlor paid by the Government Entity, including and listing separately inspection,labor, materials and equipment,overhead and all costs charged by any agent,contractor or subcontractor of the Government Entity. (d) Within thirty(30) business days after the Company's receipt of the Government Itemization and requested documentation and information,the Company shall provide the Government Entity a written statement (the"Company Statement')showing(i)an itemization of the Shared Company Costs, (ii)the Parties'relative share of the Total Shared Costs based on the Company's itemization of the Shared Company Costs and the Government Entity's itemization of the Shared Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private Conversion Costs, (iv)any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary Service Costs, (vi) any credits to the Government Entity for payments previously made to the Company by the Government Entity under the Design Agreement which,under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement,and (viz the Net Amount, as determined in accordance with Section 7(b),above,together with such documentation and information as the Government Entity may reasonably request to verity the Company Statement. The itemization of the Shared Company Costs included in the Company Statement shall, at a minimum, breakdown the Shared Company Costs by the following categories, as applicable: (i) design and engineering costs, and (ri)construction costs,including and listing separately inspection, labor,materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Company. (e) VJithin thirty (30) business days after the Government Entity's receipt of the Company Statem and requested documentation and information, the Net Amount shall be paid by the owing Party o the other Party, as specified in the Company Statement. B. Indemnification. (a) The Government Entity releases and shall defend, indemnity and hold the Company harmless from all claims, losses,harm, liabilities,damages,costs and expenses (including,but not limited to, reasonable attorneys'fees) caused by or arising out of any negligent actor omission or willful misconduct of the Government Entity in its perlormance under this Agreement. During the performance of such activities the Government Entity's employees or contractors shall at all times remain employees or contractors,respectively, of the Government Entity. (b) The Company releases and shall defend,indemnity and hold the Government Entity harmless from all claims, losses,harm, liabilities,damages,costs and expenses (including,bul not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Company in its performance under this Agreement. During the performance of such activities the Company's employees or contractors shall at all times remain employees or contractors, respectively, of the Company. (c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington,the Industrial Insurance Act, and agrees that the obligation to indemnity,defend and hold harmless provided for in this Section 8 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way Construction Agreement: Schedule 74 7 City of Kent:Pac.Hwy So. South Phase Conversion PSE #101013455 preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. 9. Conversion of Service to Customers v:ithin Conversion Area (a) Upon commencement of the Work, the Government Entity shall notify all persons and entities within the Conversion Area that service lines to such customers must be converted from overhead to underground service within the applicable statutory period following written notice from the Government Entity that service from underground lacilities are available in accordance with RCW 35.96 050. Upon the request of any customer,other than a single family residential customer, within the Conversion Area,the Company shall remove the overhead system and connect such persons'and entities' Underground Service Lines to the Underground Distribulion System. (b) The Parties acknowledge that single family residences within the Conversion Area must(i) provide a service trench and conduit,in accordance with the Company's specifications,from the underground meter base to the point of service provided during the conversion, and(ri)pay for the secondary service conductors as defined in Schedule 85 of the Company's Electric Tarim G. The Government Entity shall exercise its authority to order disconnection and removal of overhead facilities with respect to owners tailing to convert service lines from overhead to underground within the timelines provided in RCW 35 96.050. 10. Dispute Resolution. (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the other Party in writing as to the nature of the dispute. Each Party shall appoint a representative who shall be responsible for representing the Party's interests. The representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten(10)business days of the date the disagreement was first raised by written notice shall be referred by the Parties' representatives in writing to the senior management of the Parties for resolution. In the event the senior management are unable to resolve the dispute within twenty(20)business days (or such other period as the Parties may agree upon), each Party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable adjustment under Section 6,above,or the compensation payable by or to either Party under Section 7, above,and which is not resolved by senior management within the time permitted under Section 10(a),above,shall be resolved by arbitration in Seattle,Washington,under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s)of the arbitrators) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in anv court or oovernmental agency,as applicable,having_ jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this Section 10, costs of the arbitrator(s),hearing rooms and other common costs shall be divided equally among the Parties. Each Party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to,its own attorneys'fees); provided,that, in any arbitration, the arbilralor(s) may require, as part of his or her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses (including, but not limited to, reasonable attorneys'fees) by the other Party. (d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their respective obligations under this Agreement during the pendency of any dispute. Construction Agreement: Schedule 74 e City of Kent:Pac.Hwy So. South Phase Conversion PSE #101013455 11. Uncontrollable Forces. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control(a'Force 1.12jeure Event"),then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation,war; civil disturbance;flood, earthquake or other Act of God; storm,earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws,regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party,its contractors or a third party;or any failure or delay in the performance by the other Party,or a third party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event,in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Event,the Party claiming a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shag use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event. 12. Insurance. (a) PSE shall, and shag require each of its contractors to,secure and maintain in force throughout the duration of the Conversion Project(or, it sooner, until termination of this Agreement) comprehensive general liability insurance,with a minimum coverage of S2,000.000 per occurrence and $2,000 00 aggregate for personal injury; and S2 000,000 per occurrence/ aggregate for property damages,and professional liability insurance in the amount of S;2 000 000. (b) The Government Entity shall ensure that each of its contractors performing any Government Work secures and maintains in force throughout the duration of the Conversion Project(or,if sooner, until termination of this Agreement)insurance policies having the same coverage,amounts and limits as specified Section 12(a), above. (c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self- insure against such risks in such amounts as are consistent with good utility practice. Upon the Government Entity's request, the Company shall provide the Government Entity with reasonabw written evidence that the Company is maintaining such self-insurance. 13. Other. (a) Agreement Subiect To Tariff. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electrical TatiM G and to Schedule 74 of such Tariff as approved by the Washington Utilities and Transportation Commission and in effect as of the date o1 this Agreement. (b) Termination. The Government Entity reserves the right to terminate the Conversion Project and this Agreement upon written notice to the Company. In the event that the Government Entity terrminales The Conversion Proton and this Agreemenl, the rnvernment Entity shag reimburse the Company for all costs reasonably incurred by the Company in connection with the Work perlormed prior to the effective dale of termination. In such event,the costs reimbursable to the Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the Government Entity,and(u) shall be paid within thirty(30)days after the receipt of the Company's invoice therefor. Sections 1, 5,7,8, 9, 10. 11 and 13 shall survive any termination of the Conversion Project and/or this Agreement. (c) Facilities Greater Than 15.000 Volts. Nothing in this Agreement shall in any way affect the rights or obligations of the Company under any previous agreements pertaining to the existing or future facilities of greater than 15,000 Volts within the Conversion Area. Construction Agreement:Schedule 74 City of Kent: Pac.Hwy.So. South Phase Conversion PSE #101013455 (d) Compliance With law. The Parties shall,in performing the Work under this Agreement,comply with all applicable federal,stale,and local taws,ordinances,and regulations. (e) No Discrimination. The Company,v.ith regard to the Work performed by the Company under this Agreement, shall comply with all applicable laws relating to discrimination on the bans race,color, national origin,religion,creed,age,sex,or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. (f) Independent Contractor. The Company and the Government Entity agree that the Company is an independent contractor with respect to the Work and this Agreement. The Company is acting to preserve and protect its facilities and is not acting for the Government Entity in performing the Work. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. Neither the Company nor any employee of the Company shall be entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this Agreement. The Government Entity shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect 10 the Company,or any employee of the Company. (g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any other right under this Agreement, and no course of dealing or performance with respect thereto, shall, except to the extent provided in this Agreement,be construed as a waiver or,or choice of,or relinquishment of any right under any provision of this Agreement or any right at law or equity not otherwise provided for herein. The express waiver by either Parry of any right or remedy under this Agreement or at law or equity in a particular instance or circumstance shall not constitute a waiver thereof in any other instance or circumstance. (h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement Nothing contained in this Agreement is intended to confer any right or interest on anyone other than the Parties,their respective successors, assigns and legal representatives. (i) Governmental Authority. This Agreement is subject to the rules, regulations,orders and other requirements,now or hereafter in effect,of all governmental regulatory authorities and courts having jurisdiction over this Agreement,the Parties or either of them. All laws,ordinances,rules, regulations, orders and other requirements,now or hereafter in effect, of governmental regulatory authorities and courts that are required to be incorporated into agreements of this character are by this reference incorporated in this Agreement. (j) No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligations or liability upon either Party. Further, neither Party shall have any right, power or authority to enter into any agreement or undertaking for or on behalf of,to act as or be an agent or representative of,or to otherwise bind the other Party. (k) Severability. In the event that any provision of this Agreement or the application o1 any such provision shall be held invalid as to either Party or any circumstance by any court having jurisdiction, such provision shall remain in force and effect to the maximum extent provided by law, and all other provisions of this Agreement and their application shall not be affected thereby but shall remain in force and effect unless a court or arbitrator holds they are not severable from the invalid provisions. Construction Agreement: Schedule 74 ,p City of Kent.Pac Hwy.So. South Phase Conversion PSE#1O1013455 (f) Notice. Any notice under this Agreement shalt be in writing and shall be taxed (with a copy followed by marl or hand delivery),delivered in person,or marled, properly addressed and stamped with the required postage, to the intended recipient as follows: If to the Government Entity: City of Kent Attn: Fax: If to the Companv Puget Sound Energy,Inc. 6905 South 2281°Street, SKC-SVC Kent,WA 98032 Attn:Mary Ausburn, AICP Fax:(253)395-6835 Any Party may change its address specified in this Section 13(I) by giving the other Parry notice of such change in accordance with this Section 13(I). (m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington(without reference to rules governing conflict of laws),except to the extent such laws may be preempted by the laws of the United Slates of America. (n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and all other agreements and understandings of the Parties,whether written or oral,with respect to the subject matter of this Agreement are hereby superseded in their entireties; provided, however,that except as expressly set forth in this Agreement,nothing herein is intended to or shall alter, amend or supersede the Design Agreement and the same shall remain in full force and effect in accordance with its terms. (o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective successors,assigns, purchasers,and transferees of the Parties,including but not limited to,any entity to which the rights or obligations of a Party are assigned,delegated,or transferred in any corporate reorganization, change of organization,or purchase or transfer of assets by or to another corporation, partnership, association, or other business organization or division thereof. Government Entity: Company: CITY OF KEN T PUGET SOUND ENERGY. INC. BY BY ITS ITS Date Signed Date Signed Approved as to form: Construction Agreement: Schedule 74 �+ City of Kent: Pac.Hwy.So. South Phase Conversion PSE #101013455 Exhibit A "Project Plan" Schedule 74 Underground Conversion PUGET SOUND ENERGY City of Kent Pacific Highway South HOV Lane Project: South Phase South 252"d Street to South 272`11 Street PSE Job Number: 10 10 13455 Introduction This Project Plan describes work to be performed by Puget Sound Energy (PSE) and the City of Kent (the City) for the conversion of certain PSE electrical distribution system facilities as described herein (the Conversion Project). In addition to this document, the Project Plan includes and consists of the following: • Applicable drawings, requirements and specifications for the Conersion Project%kork. • Description of Operating Rights to be obtained by the City for the Con ersion Project. • Summary of Estimated Conversion Project Costs. Re,% isions to this Project Plan must be mutually nppro%ed by the City and PSE. Scope of Work Pursuant to PSE's Rate Schedule 74,PSE will convert its existing oNerhead electrical distribution system of 15 kV or less to an Underground Distribution System NS ithin the follo%%ing project area (the Conversion Area): Along Pacific Highway South (SR 99),the project %ill extend from approximately 200 feet north of South 252nd Street to the Kent Cityl-inrts at South 272"d Street. The total footage along Pacific Highway South is approximately 7,500 feet. The project includes modification or replacement of all existing service lines within the Conversion Area to connect to the Underground Distribution System and removal of PSE's e\isting overhead distribution facilities from the Conversion Area. The emsting overhead distribution facilities to be converted are located \\ithin the City's public thorouglifare. There are no Company initiated Upgrades, Govemmenl Entity Requested Upgrades or Temporary Service elements included in the Project Scope. Relocation of certain PSE Electric Transmission System facilities and Natural Gas facilities within the Conversion Area will be performed by PSE under the ternu of its current Franchise Agreement vvith the City. City of Kent t Pacific Mt;hVV2y Sourh: 252id to South M d P 101013455 a.. Responsibilities of Panties City a) The City x%ill provide all suneking for equipment placement locations and establish all gmde elevations for the Underground Distribution System N,,ithin the Conversion Aiea. b) The City x%ill incorporate PSE's design for the Underground Distribution Sysicm into a bid package. The City will prepare drawings and specifications for the bid package for the trenching, vault excavation, duct and vault installation. The City \%ill advertise for bids, evaluate bids, award a contract and monitor the selected Contractor's activities. c) The City\\ill provide all necessary excavation,bedding, backfill, off-site disposal, and site restoration for the Con ersion Project, along a ith the coordination of other utilities participating in the Conversion Project. d) The City„tll install and proof all ducts and vaults for the Underground Distribution System in accordance with PSE standards using ducts and vaults provided by PSE. "Proofing"as used herein is defined as: verification that the duct and vault system is free and clear of damage, installed to the proper grade and at the proper location and contains a pulling line. e) The City aill provide all flagging and traffic control for the trenching, excavation, and duct and vault installation phase of this project. f) The City %%ill provide PSE ten (10) working days notice prior to the start of duct and vault installation to allow for deli\ery of PSE's materials to the job site and scheduling of the on- site inspector. g) The City .N ill provide a secure staging area for PSE's ducts and vault materials storage. A schedule for vault delis cries»ill be pro%ided to PSE to coincide with the City contractor's i schedule. h) Once the Underground Distribution System is energized, the City wilt pro\ide notice to property o%%ners informing them of their responsibility to com ert their o\erhead sen ice lines to underground service lines in accordance \%ith RCW 35.96.050. i) The City w ill coordinate removal of other utilities from PSE's poles within the Com ersion Area and any joint use by other utilities of trenches for the Con ersion Project. j) The City will attend weekly construction meetings with PSE and City's contractor. 11u2et Sound Eneuv a) PSE will design the Underground Distribution System including duct and vault location, size, quantity, materials, customer service locations as well as all other design %%ork required to provide a complete system. b) PSE will provide all of the duct and vault materials necessary for the Conversion Project, along vt ith inspection services needed for overseeing the proper installation of ducts and vaults by the City's contractor. Duct and vault materials will be deli\ered to the job site in accordance with the City Contractor's schedule, following ten(10) working days notice provided by the City of the start of duct and vault installation. City of Kent Pacific NighHay South: 252"d to South 272"d #101013455 c) PSE will accept delivery of the completed duct and vault system once the new s;slem has been"proofed"(as described aboN e)by the City. d) PSE will complete and energize the Underground Distribution System within IN norking days folloN%ing PSE acceptance of the duct and vault system installed by the City A working day is defined as Monday through Friday beth\een the hours of 7.00 a m. and 6 00 p excluding holidays. e) PSE will notify the City in ,\riling\\hen the Underground Distribution System isencrgized. f) PSE will install (for residential customers) and!or connect new underground senice lines to the Underground Distribution System. PSE will perform cut-over and transfer of e\isting underground service lines from the o\crhead distribution system to the new Underground Distribution System,%\here applicable. PSE will notify affected customers at least too (2) business days prior to installation, transfer and connection of underground service lines. Customers need to make appropriate application to PSE. g) Pursuant to PSE's pole attachment agreements with other utilities, PSE gill protide timely notice to other utilities attached to PSE's poles within the Conversion Area that such poles will be removed and that such other utilities must relocate their facilities. h) PSE will complete removal of its overhead electric disinbution system including,service wire, conductors, down guys, anchors, poles and sen ice lines within 45 working days from the date that all customer service lines have been transferred connected to the Underground Distribution System and all other utilities have been removed from PSE's poles, i) PSE is responsible for all flagging and traffic control during the installation of the Underground Distribution System (except for installation of ducts and vaults),connection of customer service lines and removal of the existing overhead distribution system facilities. j) PSE will fill and compact holes left from pole removal %%iih crushed rock. k) PSE will attend weekly construction meetings with the City and City's contractor. Additional Right-of-lVay Tile existing overhead distribution system facilities \+ithin the Conersion Area are located within the Public Thoroughfare. The new Underground Distribution System \\ill be located within the Public Thoroughfare, or other equivalent rights (Title to n hich shall be in the City's name) pursuant to Schedule 74, Section 3, except as provided below. The City and PSE have agreed that in certain locations there is not sullicient space a ithin the existing Public Thoroughfare for PSE to place their facilities. The City has agreed to acquire additional right-of-way as described in Attachment A hereto. Costs for acquisition of the additional right-of-way are a Shared Govemment Entity Cost and are included in the Project Construction Summary Estimate. PSE ackno«ledges that if the City is unable to acquire the additional right-or-way using a good faith effort, PSE will have the option of acquiring their o\t It operating rights (at PSE's own expense, a non-shared cost) at these locations. 40 City of Kent 3 Pacific Hibh%%ay South:252nd to South 272"° #101013455 Schedule The City and PSE t\ill perfornm the work described in this Project Plan in accordance«ith the Project Schedule in Attachnmcnt B hereto. Cost Allocation Cost allocation for this project m+ill be governed by PSE's Rate Schedule 74. Refer to Section 7 "Compensation and Payment"of the Construction Agreement for additional information. Cost Assumptions The project design, construction plans and cost estimates are based on the folloning assumptions. Construction conditions that are not consistent with these assumptions may result in a request for change or an equitable adjustment to project compensation under Section 6 of time Construction Agreement. 1. Following acceptance of this Project Plan and execution of a Construction Agreement, the City will begin construction of the underground trenching and vault excavation in July 2003. 2. The enclosed cost estimate is based on the specific scope of work to be perfommed by the City and PSE. The City's cost estinmale for installation of ducts and vaults is based on time design drattings provided by PSE dated January 23, 2003. 3. After conmpietion by the City of installation of ducts and vaults, PSE crews mull bate continuous productive t\ork to install facilities in the ducts and N aults and energize the system,starting approxinmately No\ember 2003. 4. After substantial completion of time utility trenching work, PSE\Ntll be provided continuous access to the construction site and associated electrical work during time core business hours fronm 6:30 Al\1 to 5:30 PA1 Monday through Friday,e\cluding holidays. Should lane closures become necessary PSE is limited to working bet\teen time hours of 8:30 AA1 to 3 30 PA1. Work performed outside of core business hours may be subject to o\ertime rates at PSE's discretion. 5. Once PSE's construction crews are mobilized, the con\ersion will be constructed in one continuous-nonstop effort, end to end, until the project is completed. 6. Cut-over and transfer of existing customers will be scheduled during the core business hours stated in assunmption 4 aboNe. 7. PSE will accept or reject (\%ith �Nritten justification) the duct and vault installationttork within Fite(5) working days of notice of completion by the City. if PSE rejects any of the ducts or m•aults with acceptable written justification, the City will hat a its contractor perform the necessary renmedial work. The City will then re-notify PSE and PSE shall hate days to accept or reject the remedial work. 8. Once duct and vault installation is completed by the City and accepted by PSE, 11 30 1torking days of construction crew time by PSE »•ill be necessary to conmplete and energize the Underground Distribution System. City of Kent is Pacific Highway South: 252"d to South 272nd #101013455 9. Con ersion of customer sen ice lines may take up to 90 days from the date the customer's are notified by the City that sen ice from the Underground Distribution System is available. During this time PSE may not be mobilized on the Conversion Project. 10. PSE's design is based on roadway design draf\ings prodded by the City dated :august 8, 2002. These plans\%ere utilized to de\elop PSE's plans for the Conversion Project. 11. The City is solely responsible for the cost of traffic control for trenching and eNmation. The cost of traffic control for installation of the ducts and vaults is a Shared Gofemment Cost. 12. The cost for preparing that portion of a bid packet for the installation of ducts and faults, the proportionate share of ad\ertisement cost for such bids, and evaluation of that portion of the bid packet containing duct and vault bids is a Shared Go\emment Cost. 13. The cost of bedding material for the ducts and vaults is a Shared Go\emment Cost. 1.3. A City Street-Use pemiit is the only City pennit necessary for PSE to perform its%%ork for this Conversion Project and will be issued f\ithin th\o(2) \f eeks of submitting a complete perniii application (including any supporting documentation reasonably required by the City). The cost estimate assumes there will be no charge for the permit. 15. Ducts and vaults installed by the City for use by PSE are accessible and are installed to PSE standards suitable for pulling PSE's conductors and installation of PSE's equipment. 16. Locations for PSE's facilities as shoran on the plans are available for use. 17. Work requiring a scheduled disruption of electric service to non-residential customers ff ill be done during work hours specified in assumption 4 abo\e and \%ill be scheduled nuh a minimum of hf o (2)business da)s notice. PSE will notify customers of scheduled sen ice interruptions. 18. Work does not include installation and/or removal of"temporary" facilities at the request of others during construction. Additional Considerations Commercial Overhead Service Conversions ThcrC uiC ap,p.ro :LTalely e:glaeen (14) :.^.r:me-rc:21 nrn rnrrlir- pg served overhend, Come With multiple drops and meters, v hich will require conversion of existing o\erhead to underground service within the Conversion Area. The following is a list of conmtercial properties impacted and is based on PSE engineering review of the Conversion Area. Due to changes that may ha\e occurred during design, such as businesses opening and closing, this list may not be complete. The City n ill coordinate with property owners to com ert ON erhead services within the Conversion Area to underground services and to connect to the Underground Distribution System. PSE Schedule 85 v ill apply. 1 . Action Realty: 27205 Pacific Hwy S, single-phase sen ice conversion required,one meter City of Kent 5 Pacific Highway South.252"d io South 272"d ##101013455 2. WI It's AlufllerlBatterN/Brakes: 27050 Pacific Hi\y S, single-phase service conversion required,one meter. 3. Rose's Dinner: 26915 Pacific HN\y S,single-phase scrvice conversion required,one meter. 4. Allgood Furniture: 26830 Pacific Hwy S, single-phase service conversion required, one meter. 5. AdN•anceTechnology Ser%ice: 26650 Pacific H\%y S, single-phase service conversion required,one meter. 6. T-J Statuary: 26670 Pacific Hwy S, single-phase service conversion required,one meter. 7. A K Media Northn'est: 26460 Pacific Hwy S, single phase sen•ice conversion required, one meter. 8. Heartland:26604 Pacific Hwy S, single phase sen ice conversion required, one meter. 9. Auto Spring Sen ice: 26.100 Pacific Hwy S, three-phase service conversion required, one meter. 10. Emerald [crake & Muffler: 26400 Pacific H\tiy S, three-phase service conversion required, one meter. 11. llam%ood Mission Church: 26421 Pacific Hwy S, single-phase service conversion required, one meter. 12. I\lidtcay Sover District: 26200 Pacific Hwy S, three-phase service con'ersionrequired, one meter. 13. Shell: 26010 Pacific Hwy S, single-phase service conversion required, one meter. 14. The Roper Room Learning Center: 2211 S 260'" St, single-phase sen ice conversion required, one meter. 15. A K Media Northiiest: 25502 Pacific Hwy S, single-phase service conversion required, one meter. 16. Ranger Boat & Trailer Sales: 25502 Pacific Hwy S, single-phase sen ice conversion required, one meter. 17. Sleep Aire Mattress: 25447 Pacific Hwy S, single-phase service conversion required, one meter. 18. A K Media Northltiest Sign: 225401 Pacific Huy S, single-phase sen ice conversion required, one meter. Residential Overhead Service Conversions There are four(4) residential properties served overhead \Nhich will require comersion of existing OVerhead ser ice to underground within this Con ersion Area. The follo\\ing is a list of residential properties impacted and is based on PSE engineering review of the Comersion Area. The City will coordinate with property oN\ners to convert overhead services �\ithin the Conversion Area to underground service and to connect to the Underground Distribution System. 1. Residence,26632 Pacific Hwy S, single-phase sen ice conversion required,one meter. 2. Residence, 26631 Pacific Hwy S, single-phase service conversion required,one meter. City of Kent 16 Pacific Highway South: 252d to South 272"d #101013455 3. Residence,26-1a8 Pacific H% y S, single-phase service conversion required, onenmeter. 4. Residence,26430 Pacific Hwy S. single-phase service conversion required, one mcler. New Service Connection of new or increased load for City facilities (such as new traffic signals)under lemurs of PSE Schedule 85 will be addressed on a separate vkork order and v ork sketch. Additional costs may apply and x%ill be quoted separately. Cut-over and Transfers Some PSE customers within the Conversion Area w ill experience disruption of electric service during the completion of this Conversion Project. The Following is a list of PSE customers %%ithin or adjacent to the Conversion Area and %%hat PSE expects Neill be the effect on these customers. These and other customers may also experience service disruption %%hen transferring PSE system load from the Overhead to the Underground Distribution System. 1. ARCO: 27202 Pacific Hwy S, service disruption of approximately one (1) hour required to transfer PSE underground primary conductors from pole P65 to J-Fault J67. 2. RSK Property: 27050 Pacific Hwy S, service disruption of approximately mo(2)hours to transfer PSE OH transformer from pole P63 to P90. 3. Firestone: 27030 Pacific H%iy S, Sound Glass, 27040 Pacific INy S & Jade Hair, 27040 Pacific INy S, service disruption of approximmately three (3) hours required to transfer PSE underground primmary conductors from P60 to J--,ault 162. 4. Strip Mall ii ith llarmon Auto Glass,Chiropractor, Poe H\-sy Dentist, SubNlav,Safari Tan & Salon Pacific: at 27020 Pacific Hwy S, sen ice disruption of approximately three (3) hours required to transfer PSE underground primary conductors from P60 to 1-\ault J62. 5. Public Storage: 27000 Pacific Hwy S,Customer is required to reroute customer o\\ned and maintained underground service conductor off pole P59 to new PA1 transformer V59. Customer's electrical contractor can coordinate transfer to new transformer pith PSE. 6. King County Woodmont Library: 26S09 Pacific Hwy S, Customer is required to reroute customer owned and maintained underground service conductor off pole P55 to new PM transfommer V54. Customer's electrical contractor can coordinate transfer to new transformer %%ith PSE. 7. Billboard Sign: 30021 S 268'" St, sen ice disruption of approximately one (1)hour to transfer PSE OH service to new transformer on pole P54. S. Alazdas & More Auto: 26454 Pacific Hwy S, Customer is required to reroute customer owned and maintained underground service conductor off pole P40 to new handhole HH76. Customer's electrical contractor can coordinate transfer to new transformer%+nh PSE. 9. Salvation Army: 26401 Pacific Hwy S, service disruption of approximately one(1)hour required to transfer PSE underground primary conductors from pole P43 to J-vault J37. City of Kent 1 Pacific Highway South: 252"d to South 272"d #101013455 10. 'Travel Lodge Hotel: 26225 Pacific HxNy S, Customer is required to reroute customer owned and maintained underground service conductor off pole P35 to new PM transformer V33. Customer's electrical contractor can coordinate transfer to new transformer Frith PSE. 11. Kelly Lalte's: 262)5 Pacific Hwy S, Customer is required to reroute customerom+ned and maintained underground service conductor off pole P25 to new PNI transformer V27A. Customer's electrical contractor can coordinate transfer to new Iransfommer %\ith PSE. 12. \Vest llill Mobile Manor: 2.124 S 260 St, ,scr•ice disruption of approximately t%\o (2) hours to transfer PSE OH primary to UG ternmination on pole P19. 13. Tnqueria El Rinconsito: 25916 Pacific Hwy S, senice disruption of approxirnatelyone (1) hour required to transfer PSE underground primary conductors from pole P14 to J-mault J20. 14. Public Storage: 25700 Pacific Hwy S,Customer is required to reroute customer otmned and maintained underground service conductor off pole P10 to new PNI transformer V16. Customer's electrical contractor can coordinate transfer to new transformer with PSE. 15. Seattle Sterling Mack: 25619 Pacific Hwy S, service disruption of approximutely three (3) hours required to transfer PSE underground primary conductors from P09to 1-vault J 15. 16. Cedarmmood Square rum ith Dos Cringos Mexican Restaurant, Collectors Aircraft Models, Sound Sensational Car Stereo, Dance Center, LSD Furniture, NE AlcSheridan Tax & Acc(g, LSD Ilairs & Nails, Razzles & Fred Meyers Credit Union: 25600 Pacific Hwy S, service disruption of approximately four (4) hours required to transfer PSE underground primary conductors from POW 17. Cedantood Square Sign: 25600 Pacific Hwy S, Customer is required to reroute customer owned and maintained underground senice conductor off of pole POS to new PNi transformer V 13A. Customer's electrical contractor can coordinate transfer to new transformer%%ith PSE. 18. Schucks Auto Supply: 25526 Pacific Ilmmy S & Denn3's: 25444 Pacific Ilisy S,sen ice disruption of approximately three (3)hours required to transfer PSE underground primary conductors frorn pole P03 to J-vault J 11. 19. Strip Mall mmith Mid Sound Center, Inc., Azteca Market, Studio SPA & Tan,'Nucro Estilo Salon & Tijuaria fight Club: 25234 Pacific Hwy S, service disruption of approximately three (3)hours required to transfer PSE underground primary conductors from pole PSO to J-vault J07 20. Ilarvey's Dive Suits Inc. & An3mmlrere\Watercraft Rentals Inc.: 2605 S 252nd St, senice disruption of apprcxrmmcly three(3)hours required to transfer PSE Lindrrgropnd nrinmary conductors from pole P77 to PNI transformer V06. 21. Street Light: at approximately 2520 S. 252nd St, sen ice disruption of appro-inmatciy one (1) hour to transfer PSE OH senice to UG service on pole P79. City of Kent Pacific Highway South: 252nd to South 272"d #101013455 PSE Facilities Design Standards The follo%\ing PSE Design Standards area included in this Project Plan and may be applicable to this Conversion Project: 6325.3200 Underground Sea ice 6775.0035 Vault, Handhole and Padmounted Equipment Location 6775.0040 Vault and Handhole Installation 6790.0075 Customer Supplied Trench Requirements 6790.0130 Trench Dimensions and Facility Placement 6790.0140 Trench Excavation and Backfill 6S00.6000 PVC Conduit Installation 6825.6505 Installation of Electronic ;Markers Acceptance of Project Plan The City and PSE mutually agree to and accept this Project Plan as of the date indicated below: For the City: For PSE: By: By: Date; Date: City of Kent 9 Pacific Highway Sough: 252nd to South 272"d #101013455 ATTAC1111 ENT A Additional Right-of-Way Number Sta Parcel Business Name Size of Area of Number Cutout I Cutout 1 97+15 462600 Fred Aleyer/Denny's 12x20 240 2 94+20 462600 Fred Meyer/Denny's 9x 16 144 3 91+05 462601 Schuck's Auto Parts 16x2O 320 4 55+11 4626031 Public Storage 12x20 240 5 60+45 462617 Vacant 12x20 2.30 6 57+72 462620 Residence 12x20 240 7 56+20 462621 Mazdas and More 12x 12 144 8 55+27 462622 Auto Spring Service 12x20 240 9 50+40 4626261 Residence I WO 240 10 45+92 462638 Woodmont Library 1 Ox25 250 11 45+68 462629 Vacant I WO 240 12 40+14 462631 Subway, Salon Pacific, IWO 240 Chiropractic Clinic 13 36+72 462633 Firestone Mastercare 9x20 ISO Car Service This table shoes the locations of non-exclusi%c easements, or right-of-v,ay areas to be obtained to allow PSE vault installation. The easement or nglri-of-��ay may be subject to pre c�isting easements or other conditions of the properly. City of Kent Pacific llighmay South: 252n° to South 272"d #101013455 ATTACHMENT a PROJECT SCHEDULE City of Kent I1 Pacific Highway South: 252nd to South 272"d #101013455 0 z u O n of co a 5 A n Q a v Il y' o c •' cl ry u d 0 z 4 u Q r►���►CS W z 75 N n v w m r m rn W ^ n m m n v v v a v o 0 0 0 0 0 0 0 0 0 0 x z a N a A a a _a W L l0 N N N1 N Iz x N C W V i0 to a .1. D = 0 LL LL 0 r p W Y �W W .0 yo [LZ 3 3 v 'I- r_ Q Q ' O O O O O O O O q O O a 77 Q `'1 c0 m m f oc� tm a a ry q x H A c v m v 0 p cn g N o w 3 u u.i T N T N T N M N N N T U c v n a e o o A m m e o Q d d ro rn o o �n In o m el m C-1 0 W N a m N N O c n N V C A N > a. N c R v 0 A m E u N n ` N C G W c O 7 O. V 0 U N O > V 4) @ 4 0, `_� o `o `o H o 0 0 m lac c a o c a E ° c Z Im a O m ui 0 G U _ Y d O n r N ' E Q R N v Z O N N W CD m c3 z S a u 0 0 N f'f O 0 t0 t m M la ATTACHMENT C PSE GENERAL NOTES AND SPECIFICATIONS City of Kent 12 Pacific Highway South: 252n4 to South 272"d 4101013455 NOTE: ATTACHMENT C — PSE GENERAL NOTES AND SPECIFICATIONS (Puget Sound Energy Construction Standards) is available in the Engineering Department if you would like a copy. It is not significant to the Project Construction Agreement so to save paper it was not included in the packet. A "'go-..` Kent City Council Meeting h Date Auger 19, 2003 I -= " Category Consent Calendar 1, JOB U7UM TRENCH AGREEMENT WITH COMCAST, PACIFIC IRGI-'WAY S. HOV LANES PROJECT—AUTHORIZE 2, As recommended by the Public Works Committee, authorization for the Mayor to sign a Joint Utility Trench Agreement with Comcast as part of the South phase bf acific Highway South HOV Lane Project, subject to the City Attexney's wind the N61k Works Director's-cmcurrence of the language therein. 3. MOM: Public W414,3irector memorandum and agreement j. 4. . -' (Cbmift_ , Stuff," CcimmiWon, .) 5. NO X YES r 6. �� ��! I3. : $ 7. . Couri6liiber moves, Councilmember seconds r T Y DiSCUSS19N. ACTION' Council Agenda Item No.6D 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. W•S X I N G T G N Kent,WA.98032-5895 DATE: August 4, 2003 TO: Mayor White and Kent City Council FROAf: Do V"ckstrom, Public Works Director THROUGH: SUBJECT: Joint Utility Trench Agreement Regarding Pacific Highway South HOV Lanes Project 1►IOTION: Recommend authorizing the Alayor to sign the Joint Utility Trench Agreement %%ith Comcast upon concurrence of the language therein by the City Attorney and the Public Works Director. SUAINIARY: Joint Utility Trench Agreement between the City of Kent and Comcast for the City to furnish a trench and install Comcast's facilities within the City's joint utility trench for both phases of the Pacific Highway South HOV Lanes Project between Kent-Des Moines Road and S.272"d Street. BUDGET IMPACT: No Unbudgeted Fiscal/Persortnel Impact BACKGROUND As part of the Pacific Highway South HOV Lanes Project the overhead utilities are required to be converted to underground in accordance with City ordinance. The City is responsible for constructing the trench for the power undergrounding. The City encourages other utilities to participate in the trench. This provides a cost savings for all parties and eases the construction process. This Agreement grants Comcast the right to participate in the City's joint trench and the City agrees to install some of Comcast's facilities. In return Comcast agrees to pay tite City an estimated cost of$278,254. Mayor While and Kent City Council Joint Utility Trench Agreement Pac Hwy S HOV Lanes- August A, 2003 1 JOINT UTILITY TRENCH AGREEMENT Retarding the Pacific Highway South HOV Lanes Project THIS AGREEMENT is entered into between the CITY, a Wa,,hincton municipal corporation ("CITY"), and Comcast of Washington IV, Inc., a Washington corporation, formerly TCI Cablevision of Washington, Inc. ("CONICAST'). RECITALS WHEREAS, the CITY is mal%ing right-of-way improvements to Pacific Highway South between Kent-Des Moines Road and S. 272nd Street; and WHEREAS, pursuant to local ordinance and the franchise agreement, these right-of-way improvements require CONICAST to convert their overhead facilities to underground;and 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. NOW THEREFORE, in consideration of the terms,conditions, covenants and performances contained herein, or attached and incorporated and made pan hereof, IT 1S MUTUALLY AGREED BY THE CITY AND CONICAST AS FOLLOWS: AGREEMENT 1. SCOPE OF WORK. As part of the CITY's Pacific Highway South HOV Lanes Project the overhead electrical facilities are required to be convened to underground. The CITY is facilitating the construction of a joint utility trench and will enter into a contract for the excavation of the trench and installation of vaults and conduits. The trench %%ill include CONICAST and PSE and possibly Other utilities' facilities and will be constructed Tong the east side of Pacific Highway South from Kent-Des Moines Road to S. 272nd Street. 2. RESPONSIBILITIES OF THE PARTIES A. CONICAST 1) CONICAST shall provide to the CITY engineering drawings, specifications, construction standards, quantities and cost estimates for the underground conversion of its facilities. The drawings shall show in detail the quantity, horizontal station and offset, size and vertical elevation of the conduits and vaults. Joint Trench Agreement-Page I of B mro✓oa (hrlw ern MY of Kim and Crum arrr Cngrararion) 2) CONICAST will furnish to the ate all vaults for installation by the CITY.CONICAST will schedule delivery of vaults so as not to delay the CITY's contractor. 3) CONICAST will furnish and install their conduit to the City ptovided wench. COMCAST w ill coordinate installation of the conduit vv ith the CITY's Contractor so as not to delay the work of the CITY's Contractor. 4) CONICAST will provide all of the inspection services needed for overseeing the proper installation of the duct and vault materials on a continuous basis during the CITY's construction period. 5) COMCAST will accept or reject the vault installation work by the CITY within 10 working days notice that the instillation of the vault has been completed by the CITY. If the system, or portions of the system, are rejected by CONICAST, CONICAST shall provide reasons for such iejedion in writing, whereupon the CITY, if such rejection explanation is acceptable, will have its contractor complete any remedial work and will again notify COMCAST of the system completeness. If CONICAST does not reject any portion of the system within the 10 working days, the system shall be considered acceptable to CONICAST and the CITY shill be relieved of all responsibility regarding remediation of any vault work. 6) Once vault installation is accepted by CONICAST and COMCAST has completed installation of the conduit, CONICAST will provide and install all wires, conductors and any other equipment needed to complete the underground system. COMCAST will complete and activate the new underground system within 60 working days from completion of the vault and conduit installation. Parties hereto acl.no%%ledge and agree that CONICAST shall in no event be required to remove its respective, affected aerial facilities prior to completion of the underground facilities in accordance with this Agreement, and so long as said installation is completed in conformity with this Agreement. 7) CONICAST will be responsible for providing all traffic control associated with the pulling of cables and associated equipment and the removal of the overhead lines and equipment. 8) CONICAST will notify the CITY in writing when the new underground system is energized and ready for customer hook up so that the CITY can provide legal notification to the property owners of their requirement to convert to underground. 9) CONICAST will perform cut-over and transfer of existing customers and facilities to the new underground system where applicable. 10)CONICAST Hill remove the existing overhead system within twenty (20) working days after all cut-overs have been completed. 11)COAICAST shall maintain continued coordination vvith the CITY regarding the installation of COPICAST's facilities. This coordination shall include but not be limited to the following: a. COMCAST will attend the pre-construction meeting with the CITY's Contractor. knnt Trerkh Agreemem- Page 2 of 8 UIiU'Jnt thrim ern Crrl'of Kent and C(rnnar!Corparanun) b. CITY will provide CONICAST a copy of the Contractor's proposed %voik schedule showing date, location and extent of work to be performed. This ,,chedule w ill be subject to change at any time. c. CON1CAST will .wend weekly construction mcetings during the conduit and vault installation work. d. COMCAST will be given 3 days notice that CITY's contractor is beginning construction. e. CONICAST %will be responsible for Coordination with other utility companies included in the joint trench for the installation of wire conductors and equipment. B. CITY 1. The CITY will prepare drawings and specifications for the bid package for the vault and conduit installation using the engineering drawings prepared by CO.ICAST dated April 28, 2003 and June 17, 2003. The CITY will advertise for bids,evaluate bids, award contract and monitor Contractor's activities. 2. The CITY will provide all necessary excavation,bedding, backfill, off-site disposal, and site restoration for the conversion project, along with the coordination of other utilities participating in the conversion project. 3. The CITY will install all COMCAST-provided vaults for the new CONICAST facilities in accordance with the drawings, specifications and standards provided by CONICAST. 4. The CITY will provide all flagging and traffic control, for the trench excavation and vault imtallaiion for this project. 5. Once CONICAST completes the underground system, the CITY will pro%ide legal notice to property owners ad%ising them of their responsibility to concert their overhead system to underground. 6. CITY will attend weekly construction meetings with CONICAST and CITY's Contractor 3. COST ALLOCATION The attached Exhibit A "Estiniale of Probable Cost", which is by this reference is made part of this AGREEMENT, provides an ctitimite of the cost iespon.ibilities of CONICAST and the CITY. The costs shown on this exhibit are an estimate only. The final breaKdown of costs will be based on the actual quantities of work performed by the CITY's Contractor times the contract unit costs for each work item. A. Vault hist(dicition. CONICAST agrees to pay the actual cost that the CITY incurs for installing CONICAST's vaults as shown in Exhibit A B. Trench costs. CONICAST agrees to pay the CITY a portion of the trench costs,including any restoration, commensurate with its proportionate ,hare of trench usage as shown in Exhibit A attached hereto. Costs shall include work required to restore the surface to as 0 Joint Trench Agreenweni-Page 1 of 8 07A)2K1 rhaueen CITY i' Kcn!andC(nntauCorporaunn) near as practicable to the original condition of the site,and x%here applicable shall include permanent pavement patches; replacement, in-kind, of existing curb, ouuer and sidewalks; hydroseeding of grass areas; and placing of straw mulch on bare 21ound. Preliminary trench costs «ill be agreed upon prior to construction based on the estimate horn the bid accepted by the CITY. Trench costs %%ill be finalized after completion of construction to account for actual construction costs. C. Engineeting, Conirnct Preparation, Sun-e2ing, Construction lncpection Eipenses. CONICAST agrees to pay the CITY its share of the CITY's costs associated with the administration of the contract. These costs include, but are not limited to; preparation of the bid package including drawings and specifications, evaluation of bide, preparation and award of contract,Construction administration, surveying and inspection. D. Additional Erhenws. COMCAST agrees to pay its share of any additional expenses incurred in providing the trench due to any overexcavation required or any other unforeseen conditions or changes in COAiCAST'S design, including any additional trench width or depth attributable to errors or changes in CONICAST's original design or conflicts not accounted for in CONICAST's original design. E. Claims by Contractor. COMCAST agrees to pay the entire cost of any claims made by the contractor that are proximately caused by COMCAST. These claims may include delays caused by installing COMCAST facilities, delays caused by COMCAST providing materials, or any other conflicts between the contractor and COhiCAST. F. Vrn(ds. CONICAST agrees to pay for the supply and excavation for its vaults "eparately and in addition to any trench costs discussed above. COMCAST will also be responsible for any additional costs incurred in excavating for its vaults such as overexcavation or any other unforeseen conditions. The cost to excavate for CONICAST's vaults will be Finalized after completion of construction to account for actual construction costs. G. Invoice. CONICAST agrees to pay the CITY within ninety (90) days of being invoiced by the CITY for amounts that the CITY has been in%oiced by the contractor and which COMCAST has a_reed to pay under this Agreement. H. Final PaNnienrMaiver 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. 4. CHANGES. After the CITY executes a contract with the trench contractor, COMCAST 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 pet form the uoik, and notify CONICAST of this price. Prices supplied by the contractor for CONICAST chance orders shall be in conformance with WSDOT Standard Specifications. COAICAST shall have 24 hours from receiving the price from the CITY within which to retipond. If CONICAST chooses not to accept Joint Trench Agrecmer4—Page 4 or 8 OU02101 (hrnr ren CITY of Arm and Cone a v Cugarrauun) the contractor's price then this ,cork ~hall only be performed by C0l11CAST according to a mutually agreed upon schedule with CITY so as not to cause delay to the contractor. The CITY ~hall have final judgment, after cowulting with COI`ICAST, \%oh regards to decisions related to the work of the Contractor 5. INDEMNIFICATION; LIENS AND ENCUMBRANCES. Each parry shall defend, indemnify and hold the other party, its 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 \wrk 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, its officials, employees and agents, a parry'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 ~hall promptly, at its o,,%n expense, take such action as may be necessary to duly discharge any lien created by it on the property of another. 6. INSURANCE. 0 The contract bet,.+,een 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. a. Automobile Liability insurance with limits no less than $1.000,000 combined single limit per accident for bodily injury and property damage;and b. 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 properly damage. Co%erage shall include but not be limited to: blanket contractual; products/completed operationstbroad form properly darnage; explosion, collapse and underground (XCU); and employer's liability. C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. Joint Tremb Agreement—Page 5 of 8 07/02/03 (brtr.ern CITY tg Krnt and Cannaq Corp(Prmom( Any payment of deductible or self-insured retention ~hall be the sole iespomibihty of the contractor. The parties, their officials, employees, agents and volunteers shall be named as • additional insureds on the insurance policy, as respects %toik performed by or on behalf of the parties and a copy of the endorsement naming the parties as .additional inuricd `hall be attached to the Certificate of Insurance, copies of which shall be provided to the panties prior to commencement of construction by the contractor. The contractor's insurance shill contain a clause stating that coverage shall apply separately to each insured against whom churn is made or suit is brounnht, except with respects to the limits of the inswer's liability. 7. FRANCHISE AGREEMENT. The CITY and COAICAST agree that by entering into this Agreement, neither party has waived any rights it may have under the existing franchise agreement between the CITY and COMCAST as to future projects and the CITY and COh1CAST exprestily herein reterse such rights. 8. MISCELLANEOUS. a. Compliance is irh Laws. The parties shall comply with all federal,~late and local laws, rules and regulations throughout every aspect in the performance of this Agreement. b. Noniiaiver of Breach. The failure of a party to upon ,trict performance of any of the terns and rights contained herein, or to exercr.e 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. Got erring Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parries or between any parry and the contractor under any of the provi,,ions 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. Anorney'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 ow n legal costs and attomey's fees incurred in defending or bringing such claim or la+•wit, however, nothing in this subsection shall limit a parry's right to indemnification under Section 8 of this Agreement. e. Written Notice. All communications re,arding this Agreement shall be,,ent 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 Joint Trench Agreement-Page 6 or 8 07L02/01 (between CITYof Arnt and Conn air Cw1mira mn) in any event three (3) calendar daps after the date of mailing by tc`istered or certified mail, and shall be deemed sufficiently omen if sent to the addressee at the address ,tatcd on this Agtccment. f. Modification. No wai%er, alteration. or modification of any of the provisions of� this Aoreement ~hall be binding unless In v.ritine and signed by a duly authorized representative of each of affected party. Severubilily. 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, ,trikes, cis rl riots or disturbances, fire, hoods, explosions, earthquakes, wind, storms, hunicanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope i events of force majeure shall not extend to pa},ment of money owed hereunder. j. Entire Agreement. The w ritten provisions and terms of this Agreement, together %%ith 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 TrcnLh Agreement-Page 7 of 8 07/02A)i (her%ren CITY of Kent and Cover an Corp,rauunr IN 1N'ITNESS 11'HEREOF, the ponies below have executed this Agreement. CO:\ICAs,T OF NVASHINGTON IV, INC. CITY OF KENT Print N-jilie: ` CAI L l� Print Name: Jim White Title: /'ri ,•ut :ti,%• mil.✓,►• Title: Mayor DATE: -7 = ' - DATE: Notices to be sent to: Notices to he sent to: COAICAST CITY OF KENT Attn: Franchise Dept. )dark Ho%%lett, P.E. 22025 301h Drive SE Engineering Supervisor Bothell.WA 98201-4444 CITY of Kent (telephone) 220 Founh Avenue S (facsimile) Kent, WA 98032 (253) 856-5500 (253) 856-6500 (facsimile) With a copy to: ,APPROVED AS TO FORM: CONICAST Attn: Legal Dept. 1500 Market Street Kent CITY Attorney Philadelphia, PA 19102 )omr Trench Agrcunem—Page 8 of 8 07102/03 Ual%een CIIYuJ Kentrind Connao Corporotuonl EXHIBIT A ESTIMATE OF PROBABLE COST CITY OF KENT PACIFIC HIGHWAY SOUTH HOV LANES COMCAST COST ESTIMATE Item No Item Description 1 Joint Utility Trench Excavation 252,019 2 Vault Excavation and Installation 26,235 Total Cost Estimatel S278,254 7/2/2003 Page 1 of 3 YJ Cost and Quantities Utility Work Pacific Hwy South-South Phase Trench Excavation Rev 6 20 2003 Unit Extended Item Descr-ption Una Oy Price Price 1 North Phase-Joint Utility Trench Excavation LF 7 475 S14 15 St05 771 2 South Phase-Joint Utility Trench Excavation LF 6 527 S14 15 S52 35- SubtotalTrenching SISB12E 6%Mobilization 51168E Subtotal Trench Excavation 5210,016 200:Construction'EngineennglnspectionCoordinanon Cost $4200' Total Trenching Cost 5252 01 Total Trench Foolage 14,002 Cost Per Fool of Trench S18 00 Notes: Quanties shown are from Comcast provided drawings-Copy is attached. - Costs shown are estimates only. Actual Costs will be based on bid prices provided by the City's contractor. 7/2/2003 Page 2 of 3 CITY OF KENT Pacific Hwy South HOV Lanes Vault Excavation and Installation Costs Rev 6 20 2003 Item Unit Extended Description UN 01y Price Price 1 North Phase-Vault Excavation and Installation,3030LA EA 25 $375 S9375 2 North Phase-Vault Excavation and Installation,253TA EA 1 5375 5375 3 North Phase-Vault Excavation and Installation.WSDOT 92 EA 2 5375 SiSD 4 South Phase-Vault Excavation and Installation,3030LA EA 18 S375 %750 5 South Phase-Vault Excavation and Installation.253TA EA 6 $375 52250 6 South Phase-Vault Excavation and Installation,WSDOT e2 EA 3 5375 S1 125 Subtotal Vault Installation S20625 6%Mobilization S1230 Subtotal Vault and Conduit Labor $21.863 20%ConstructioWEngineennglinspectiorvCoordmation Cost Sa 373 Total Vault ExcavationAnstallation Cost 526.235 Notes: -Ouanties shown are from Comcast provided drawings-Copy is attached. - Costs shown are estimates only. Actual Costs will be based on bid prices provided 7/2/2003 Page 3 of 3 Kent City Council Meeting Date August 19, 24U3 Category Consent Calendar 1. }CTz BRET GAGLIARDI SEWER LATECOMERS AGREEMENT— AUTHORME 2. Bret Gagliardi W extended the sanitary sewer main propertied° �Rx�ll Road-including two additional lots. The Public Wks Committee has reco6neuli d authorizir the Public Works Director to execute a,sever latecomer agreement with Bret Gagliardi: 3, " Publie rWorks Director memorandum and vicinity map 0 �3 Staff, amiii+ ,Cammissicrn; .} n 5. - NNE : NO X YES 6. 7. gQ ILL Counciliram mbor moves, Councilmember seconds Ya DISCL�ar'S"IOX. ACTION: ro=f Council Agenda ,_,-K- Item No. 6E PUBLIC WORKS DEPARTMENT Don E.Wickstrom, P.E. Public Works Director 440 Phone 253-856. 500 K E N T Fax 253-856-6500 w.s M 1 N G T o N Address: 220 Fourth Avenue S. Kent,WA.98032-5895 DATE: August 4, 2003 TO: Mayor�Whhiite and Kent City Council FRONT: Donn 7 trom,Public Works Director H:THROUG SUBJECT: Sewer Latecomers Agreement— Bret Gagliardi Se�Ner MOTION: Recommend Council authorization for the Public Works Director to execute a sel%er Latecomer Agreement with Bret Gagliardi for the Bret Gagliardi Seger. SUNINIARY: The developer, Bret Gagliardi,has requested a sewer latecomer agreement for his extension of the sanitary sever main to serve his properties along Russell Road. The total cost is $124,897.91, and Mr. Gagliardi is seeking latecomers fees from two lots in the amounts of $5,352.70 and $19,738.47. The Public Works Director requests authorization to enter into a latecomer agreement with this developer. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact MMayor White and Kent City Council Gagliardi Sewer Latecomer Agreement-Authorize August 4, 2003 1 A 1 s _ � 11 PI • ' s TTACHMENT .g " 1 K 4 1 1 • O : � n ;• 1 yD7 ya i : •• M � • ?c1 Ca )GS � 1 • t o rn i I 1 ' , •S50 S Tr L F l 1 V 1 CI • �T � i � p �p 0• 30 930 -n ' : : 9 �O.7 P tT � •�1 1 , 1�. I < TDAVID A. NE 1LC ti , o r 31% Coo. C l 1 1 • 1 • 1 1 1 pC1rn Y/ • • •e ' I t0 i N.D. 1 Q • o • ¢ • e; .D C � N.D. • O�, .100 ,• 217'J6 SF lee K1 1• ¢�i 67 3. , •- O ,� IN 09-14-02' 713 •1-In 93.41 e x i n J Z VIM 01625 2 • $ � Q 10 b .ytr b O• u • N V e p• a N w > o •'• 41 0 v� " ♦ w �' • root � tine = G000 ww S. 1N- of ►Ct. W so 6% y'r^ SURY. E307DAMI j _ ...._._. ...._. 61 •7. 1316.00 VOL. )5)279 t.e C. 17?0 \„ 30 IN 09 ► S P El. CO. • R ]0 a r F. !4176C0 ` I 6 70 1 6 O - -> t Kent City Council Meeting - `�" Date t 2403 A 19 s CategorySonsent Calendar 1. §IMCT; DISPOSAI.OF SURPLUS VEHICLES AND EQUIPMENT— AUTHORIZE 2. H111ffi&86Y STATEMENT: As recommended by the Public Works Committee, authtvization,to declare the vehicles/equipment described in the attached memorandum as ao longer needed by the City as surplus, and authorizing their sale at the next public coon. 3. FEX=Ms Public Wotics'Director memorandum -(C ittee, Staff, _�`; ='ssion,'etc.) e Y p , S. -..()a T1�3„ A ! ONNEL EM&CT: NO X YES 6. 7. = Councilinember moves,Counc'ihnember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F - 2_ PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director • Phone:253-856-5500 K E N T Fax 253-856-6500 W A S N I N 6 T O N Address: 220 Fourth Avenue S. Kent,WA.98032-5895 DATE: July 28, 2003 TO: Mayor White aent City Council FROM: Don WickstrotXblic Works Director THROUGH: Larry Blanchard, Public Works Operations Manager SUBJECT: Vehicle and Equipment Surplus MOTION: Recommend authorization to declare the listed vehicles and equipment as surplus authorizing staff to appropriately dispose of the equipment as described in this memorandum and listed below. SUI\If1IARY: The listed vehicles/equipment comply with current replacement policy guidelines and have been replaced. The equipment wall be sold at auction or sold to smaller cities. 13UDGET IMPACT: The monetary returns from the auction will be incorporated into the fleet internal services reserve fund. This is a positive budget impact. BACKGROUND: Vehicle/Equipment List: 1003 1995 GAIC Vandura, Maaivan, s/n IGTGG39KXSF551472, 46,940 miles.This vehicle was removed from service at the request of a fleet customer who claims that the vehicle is unsafe. Two different GMC repair centers as well as the Fleet Services shop evaluated the vehicle. Extensive research discussions were held with the vehicle manufacturer. It was concluded that the confidence of the customer is important to the satisfactory operation of the vehicle. Fleet Services could not reassign the vehicle with the question of safely raised by the customer. The vehicle was removed from service on 3/11/03. 3111 1994 GI%IC Sonoma Pickup, s/n IGTCS14ZIR8531759, 103,931 miles. This vehicle was replaced in 1999 but remained in service for an extended life cycle. It has high mileage and is starting to show signs of wear. It was removed from service on 4/7/03. 3157 1997 Ford Cronn Victoria Police Interceptor— K-9, s/n 2FALP71 W5VX152892, 111,145 miles. This unit has a heater core leak and evidence of costly repairs in the very near future due to high miles and heavy use. It was removed from service on 6/23/03. Mayor White and Kent City Council 1 Surplus Vehicle/Equipment August 4,2003 3191 1999 Ford Crown Victoria Police Interceptor,s/n 2FAFP7l W4XX155511,97,648 miles. This unit is starting to show signs otwear and high miles. It was removed from service on 7/2/03. 3205 1999 Kawasaki KZ 1000 Police Motorcycle,s/n IKAKZCP22B517252, 35,440 miles. This vehicle was totaled in an accident on 2/12/03 and removed from service. 5328 1991 Norstar 300-gallon spray unit, s/n 000105. The ti egetation crew used this unit for noxious week and pesticide spraying. The technology is very old; the unit could no longer be updated and will need to be completely rebuilt for continued use. It was removed from service on 11/27103. 5332 1995 John Deere 1145 Riding Alo%ier,s/n 140685. The mower was replaced in 2000, reassigned to Parks Facilities, and again reassigned to Public Works, Street Vegetation. It has been well used and may need extensive repairs in the near future. it was removed from service on 7/23/03. 5339 1990 PK-40H, Patch Trailer,no serial number. This is an old outdated machine that was replaced by the larger paving machine. It was removed from service on 3111/03. 6512 1970 International Cub Tractor, s/n 235041. This is %cry old tractor used for special ballfield grounds work in the Parks Maintenance department. It has become increasingly difficult to find parts and service for it. The tractor was replaced and removed from service on 4/11/03. 6539 1996 Cushman 6150 Rotary Alwier, s/n 9461060503. T►ie Parks A4atntenance division has heavily used this mower. The hydraulic system has been repaired but the machine \N ill likely need major repairs again soon. It was removed from service on 317103. 6566 1997 Toro 325-D Riding Aloiser, s/n CP3661505246. The front mo-s+er deck on this equipment is bent and repairs will be costly. It was removed from service on 5/15102. 8769 1986 Ford ''/7 Ton Pickup, s/n IFTHX25H9GKB09774. This truck was removed from service and reassigned to the motor pool in 1996. It currently needs a complete transmission rebuild and brake repairs. It has served the city well, it was removed from service on 7/16/03. Mayor White and Kent City Council 2 Surplus VehiclelEquipment August 4,2003 t . V'V 41 Kent City Council Meeting, Date AuaRust 19, 3 CAteg43yonSel'it Calendar 1. SUMCI ; PUBLIC WORKS TRUST FUND PRE-CONSTRUCTION LOAN— AUTHORIZE 2. _ "Y 'A As reconunes&A by the Public Works Committee, tip -for tqOr-°to4jpt,Public Works Trust Fund Loan Agreement,Number xW 1-PRE-108,in;� of$1,44g1,i) t}for the 228�' Street Extension, - -Cif+°Aftomey°a the Public Woks Director's concurrence of the in 3. �T�t< Pui " tar memorandum and agreement '.. . 3 ! '� warks Cocotte . -Staff,Eatvi,,mission, a1cj 5. 7' Ti F '�, - 1 1�tEb MAO: NO X YES - & 1EXPEvia r n ?. Cfi'I` +C#�IC � Alt Councilm=* moves, Councilmember seconds �E X '. a S ♦4 .. �f r rr Y 4 ` 5 . ACTION:' Council Agenda Item No. 6G PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P E. Public Works Director 400 Phone:253-856-5500 Fax 253-856-6500 K ENT Address: 220 Fourth Avenue S. WASHINGTON Kent,WA 98032-5895 DATE: July 29, 2003 TO: M-, Wlhtte and Kent City Council FROI\i: Do rstrom, Public Works Director THROUGH: SUBJECT: S. 228th Street Extension— Public Works Trust Fund Loan I\IOTION• Recommend the Mayor be authorized to execute the Public Works Trust Fund Pre- Construction Loan Agreement,Number PN\'-03-691-PRE-108, in the amount of$1,000,000. SUMMARY:The Public Works Department was awarded a Public Works Trust Fund Pre- Construction Loan for the S. 228th Street Extension on June 5, 2003. This loan is for$1 million and would be applied to project design and right-of-way purchases for the project, the term of the loan is 0.5% interest with a 5-year repayment schedule. However, this loan can be extended to a 20-year repayment schedule if it is linked to a Public Works Trust Fund Construction Loan. An application for a construction loan on this project was submitted in May 2003, and the results of the application will be released on August 5, 2003. BUDGET IMPACT: Accepting this loan ,.+•ould offset $1,000,000 in bonds for the project. BACKGROUND: Total project cost is estimated at around $30,000,000. After deducting the Grant and the LID the balance %Nhich would be the City's share is about $11,000,000. Of that amount $1.93 million has been funded via cash and a prior bond issue . In light of the potential impact of I-776 on the Street Fund it was anticipated to limit the balance of the Street Fund share of the project to $5.8 million. A$5.8 million councilmatic bond issue for which the annual debt service for same ($520,000) would be funded from the Street Fund The purpose of the cap was to not jeopardize the funding from the Street Fund of the annual programs such as the Asphalt Overlay program, the Shopper Shuttle Program, etc. were I-776 upheld and said fund lost $775,000 in annual revenue. In addition to the $5.8 million it was anticipated that$1,500,000 would also come from the Drainage Utility fund to pay for the drainage improvements associated with the project. While total project funding would not be fully available under this worse case scenario where, I-776 is in fact upheld the project was still doable assuming that cost savings could be found along the way to its completion. Now instead using this $1,000,000 Public Works Trust Fund (PWTF) loan coupled with an additional $10,000,000 PWFT loan for which we feel we can secure because it has been rated within with the available funding level, we can secure $11,000,000 for this project with a smaller debt service obligation ($580,000 total with $495,000 from the Street Fund and$85,000 from the Mayor white and Kent City Council S.228th Street Extension—Public works Trust Fund Loan August 4,2003 1 drainage utility). Further, this option mould provide adequate funds for this project with the possibility of redirecting some city funds out of this project to other street impro%ements such as a the S 228'h St BNSF grade separation project or the 272nd Extension (116" Ave, 256" St to Kent Kanoley Rd)project. Mayor White and Kent City Council S.228th Street Extension—Public Works Trust Fund Loan August 4,2003 2 Washington State CITY OF `('J" Public Works Board hA u ' Post Office Box 48319 Oh mpia,Washington 98504-8319 �.r June 5, 2003 Mr. Chad Bieren Kent 220 4th Avenue South Kent,NA 98032 Retarding: PWTF Pre-Construction Loan Agreement Number PTV-03-691-PRE-108 Dear Mr. Bieren: Enclosed are three copies of the Public Works Trust Fund Pre-Construction Loan Agreement, PW-03-691-PRE-108,between Kent and the Public Works Board. The agreement details the terms and conditions that utll govern the contract bets%cen us, which includes the project's Scope of Woik and an Attorney's Certification as formal attachments. Instructions for drawing the loan funds are included, as are the necessary forms for the first draw. The loan agreement specifies that the first 75 percent of the loan may be disbursed within 30 days of the date of execution of this agreement. It is recommended that you submit the first voucher form with the executed agreements and related documents. The amount of the loan is S 1,000,000.00. A change in any element of the loan agreement will require an amendment and may necessitate an adjustment in the loan amount or the interest rate. Please review the terms and conditions of the loan agreement carefully, as %cell as the attachments. Please note - Section 4 09 must be filled out before the loan can be executed. Also, please provide the account name information in the space pro%ided on page five, Section 4 07. Admimstrauxe%an¢es pro%ided by Ibe Department of Community.Trade and Economic De%clopmeot (360) 725-5000 Fax (360)664-3029 web site: www pubwa gov YU Chad Bieien PW-03-691-PRE-l08 Page Two When you have obtained the appropriate signatures, including the Attorney's Certification, please return all three of the agreements to the Public Wolks Board. PLEASE DO NOT USE A SIGNATURE STALIP. (Stamped signatures will be accepted only if there is a reason that onginal signatures cannot be provided, with documentation to that effect) The Board representative will sign the loan agreements and one fully- executed copy will be returned for your files. If your project involves utility work, you are encouraged to review your applicable comprehensive plan to assure compliance. Under Washington law, some utilities may not engage in construction unless such work is in compliance with the system's comprehensive plan. Consultation with your in-house legal advisor or your bond counsel may be warranted. The Washington Administrative Code (WAC)399-30-060(5) requires the loan agreements be signed by you and returned to the Board within 90 calendar days of the date of this letter. Failure to comply with this section may result in your loan offer being withdrawn. We are looking forward to working with you over the course of your successful public works project. If you have any questions about the loan agreement, please call me at (360) 725-5004. You may also call Isaac Huang, the Client Services Representati\e for your area at (360) 725-5009,or by e-mail at Isaac Huang@pw b.wa.gov. Sincerely, Susan Butz 7 Contracts Manager SB:sb Q Enclosures 1 INVOICE VOUCHEFl I 103 Department of Community,Trade S Economic Development In the absence of a detailed m.oicc,subrrut this form to claim payment for materials,merchandise or serslus. Showcomplete Mad for each Item. A7-rr1: Public Works Board Post Office BOX 48319 Vendor's Certificate: Olympia'Washington .98504-8319 1 hereby certify under penalty of perjury that the Items and totals listed here¢ I are proper charges for materials,merchandtse a sciwes furnished to the VENDOR"OFKCetA]MAN ' tvaiiant isCo 6e a able tti x� State u(�Yashmgton,and that all goods fumuhed aud'or senlces reodercdfit been prof Ided ulthout drscnminauon because of age,sex,rruntal status,tact aced,color,national ongm,handicap,teltpon,or Vlctnam era or disabled KENT sctcran status 220 4TH AVENUE SOUTH By: KENT WA 98032 (Sign mink) (Title) (Date) FEDERAL 10 NO OR SOCIAL SECURITY NO. RECEKED RY DATE RECEIVED WT- WAIM E . s�k A ,,�_DESC TlfJflrfl: " , ` cu _N yY�Xt$ I,`�+ ( f $'4' AOU Public Works Trust Fund Loan Number PTV-03-691-PRE-103 VOUCHER N1 LOAN AMOUNT .................................................................... 51.000,000 00 FIRST DRAW 5750.000 00 BALANCE $250,000 00 TOTAL FIRST DRAW .......................................................... $750,000.00 PREPARED BY(Fiscal) DATE DIVISION APPROVAL DATE DOC DATE CURRENT DOC NO REF DOC NO VENDOR NUMBER IVENDOR MESSAGE [MO SUB TRANS APPN PROGRAM SUB SUB INVOICE GENf:I SUF CODE D FUND INDEX INDEX OBJ OBJ CNTY CITY PROJECT AMOUNT NUMBER LEDG APPROVED FOR PAYMENT BY FISCAL DATE WARRANT TOTAL Approved CTED Form At9.1A (10115195) PUBLIC WORKS TRUST FUND LOAN AGREEMENT PACKET Enclosed Please Find: • Three Loan Agreements to be tilled-in, signed and returned • PWTF Loan Agreement Checklist • Eligible Project Costs • Voucher • Voucher Instructions • Reporting Requirements T\Con1rac11ng\Pie-Con1 Pre•Construcuon LA Packet 2001 DOC PUBLIC WORKS TRUST FUND LOAN AGREEMENT CHECKLIST Items to Return to the Public Works Board ✓ Three Completed Loan Agreements ✓ Signatures on page one. ✓ Taxpayer Identification Number (TIN) on page one. ✓ Provide requested information on fund, account, or sub-account name or number in Section 4.07 on page 5. ✓ Provide requested information on loan security in Section 4.09 on page 6. Designate a utility system if appropriate. ✓ Attorney's Signature on Attorney's Certification Mail to: Susan Butz Public Works Board Post Office Box 48319 Olympia, Washington 98504-8319 T:%ContractmgTre-Con1 Pre-Construction LA Packet 2001 DOC PUBLIC WORKS BOARD REPORTING REQUIREMENTS At the direction of the Public Works Board, staff makes every effort to keep the requirements oo project administration as simple as possible for local government loan recipients. The staff of the Public Works Board have developed a simple process that includes the execution of a loan agreement, brief quarterly progress reports, and a close-out report submitted when project activities are complete. The Loan Agreement The chief executive officer of each jurisdiction receiving a Public Works Trust Fund Loan agrees, by signing the loan agreement, to undertake and complete the activities described in the loan application. The quantified description of the project becomes the Scope of Work portion of the loan agreement. Written amendments to the Public Works Trust Fund loan agreement must be approved by both parties to the loan agreement. Amendments are necessary to accomplish: • Changes to the Scope of Work, including the addition or deletion of activities included in the original agreement; and • Extend the time for the completion of project activities beyond the time cited in the original loan agreement. The Quarterly Report Routine review of progress In completing scheduled activities throughout the project will make* the task of completing the Close-Out Report easier when the project ends. To encourage this local review, the Public Works Board will initiate a brief quarterly report from each loan recipient. Instructions for completing the report will be provided with the form. The Close-Out Report Please contact the Public Works Board when your project nears Its finish. Staff will send you a Close-Out Report for you to complete. The Close-Out Report is designed to give a final fiscal accounting and certification of the project and its completion. The report and final invoice voucher form the basis for the final loan payment. T\ContractingTre-Con\Pre-Construction LA Packet 2001 DOC Public Works Trust Fund Instructions for Completing Vouchers Pre-Construction Loans Section 4.03 of the Loan Agreement describes the two points at which portions of your loan will be disbursed to you: 1. Seventy-five (75%)of the loan may be disbursed upon execution of the loan agreement; 2. The final portion of the loan may be disbursed upon project close-out. Attached is an invoice voucher for the first draw. This voucher reflects 75% of the approved loan. It should be signed and dated by the individual authorized to sign vouchers by your jurisdiction. Send the voucher to the Public Works Board at the address on the voucher. Be sure to keep a copy of the voucher for your records. You should receive your funds approximately 14 days from the date you mailed the voucher to the Board. PUBLIC WORKS TRUST FUND SUMMARY OF ELIGIBLE PROJECT COSTS (as excerpted from WAC 399-30-30) (3) Direct costs eligible for public works loans are those costs which are directly attributable to a specific project and include: , (a) Work done by employees of the applicant, or by other government employees under an inter-local agreement or contract limited to: (A) engineering; (B) environmental review (C) design activities (D) acquisition of rights-of-way or property (E) construction inspection activities (F) roadway seal coating (if bids from private sector contractors have been solicited and compared with the inter-local agreement proposals); and (G) cleaning, sterilization, or bacteriological testing of water system components prior to public use (�) Salaries and wages (at actual or average rates), including related employee benefits, covering productive labor hours of the local government employees (excluding the administrative organization of the operating unit involved).The cost of services rendered by employees generally classified as administrative are considered a direct cost only when such employees are assigned for short periods of time to perform on a full-time basis the types of services described above and when similar procedures are followed. (u) Employee benefits relating to direct labor are considered a direct cost of construction projects. The following items may be included as employee benefits: (A) F.I C.A. (Social Security)—employer's share; (B) Retirement benefits; (C) Hospital, health,dental, and other welfare insurance; (D) Life insurance; (E) Industrial and medical insurance; (F) Vacation; (G) Holiday; (H) Sick leave; and (1) Military leave and lury duty. Employee benefits shall be calculated as a percentage of direct labor dollars. The computation of predetermined percentage rates to be applied to current labor costs shall be based upon the average of total employee benefits and total labor costs for the prior fiscal year and adjusted by known current year variations. (b) Contract engineering,planning, legal,and financial planning services. The board reserves the right to declare ineligible legal costs that are unreasonable and disproportionate to the project. \\GA-lA\VOLI'Priv1PNT93\Aiike\construction loan packet doc (c) Right-of-way acquisition costs including: (i) Purchase of land and easements acquired for and devoted to the project; (h) Purchase of improvements; (W) Adjustment or re-establishment of improvements; (iv) Salaries, expenses or fees of appraisers,negotiators or attorneys; (v) Removal or demolition of improvement; •+ (vi) Other direct costs in connection with the acquisition. Amounts received from the sale of excess real property or improvements and from any rentals shall be a reduction of the direct cost. (d) Contract construction work. (e) Direct vehicle and equipment charges at the actual rental cost paid for the equipment or, in the case of city or county-owned equipment, at the rental rates established by the local government's"equipment rental and revolving fund" following the methods prescribed by the division of municipal corporations. However,such costs shall be charged on a uniform basis to equipment used for all projects regardless of the source of funding. Cities with a population of eight thousand or less which may not use this type of fund shall be allowed the same rates as used by the department of transportation. (f) Direct materials and supplies. (r) An overhead rate or"loading factor" is not considered an appropriate additive to the actual cost of materials and supplies used on construction projects unless the factor is readily and properly supportable by the governmental unit's accounting records. (n) The cost, or reasonable estimate thereof, of materials paid for as contract estimate items, but not used,will be considered a reduction of direct costs. Any material that is salvaged in connection with a project will be assigned a reasonable value and considered a reduction of direct costs. (ill) Wetland plants and other materials used for wetland planting, wildlife habitat, or fish habitat may be provided to a public or nonprofit organization without a reduction of direct costs. (g) Interdepartmental charges for work performed by the local government for the benefit of specific construction projects is limited to direct costs plus an allocation of indirect costs based on ten percent of direct labor dollars, excluding employee benefits. (h) Olhpr rtirprl rncte inrrrrrpd for mWprisk or spNinnn nroUired for a Gnprifir. nrnipr.t arp eligible for participation by public works loan funds and may include, but are not limited to such items as: (i) Telephone charges; (ri) Reproduction and photogrammetry costs; (iii) Video and photography for project documentation; (iv) Computer usage; and (v) Printing and advertising. \1GA-IA1VOLl\Pdv\PWB\l�Uc\construction loan packet doc PUBLIC WORKS TRUST FUND PRE-CONSTRUCTION LOAN AGREEMENT NUMBER P\1r-03-691-PRE-108 KENT PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC WORKS BOARD and the LOCAL GOVERNMENT. This contract consists of ten panes and two attachments. An attachment to this agreement,ATTACMIENT I: SCOPE OF WORK,consists of a description of local project activities, certification of the project's useful life, and identification of estimated project costs and fund sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In addition, ATTACHMENT 11: ATTORNEY'S CERTIFICATION,is by this reference incorporated into this agreement. The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this aereement as of the date and year last written below. PUBLIC WORKS BOARD LOCAL GOVERNMENT John LaRocque,Executive Director Print Name Public Works Board Signature Date Title APPROVED AS TO FORA! ONLY Date This 17i° Day of March, 2003 Christine 0. Gregoire Federal Taxpayer Identification Number Attomey General By: Signature on File Leanne A.C n hmnn Assistant Attorney General Page 1 1003 PWTF Re-Conswcuon Loan Agree PART II: INTRODUCTION This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its successor, a department of the state of Washington (referred to as the "BOARD"), and KENT(referred to as the"LOCAL GOVERNMENT'), Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project. PART III: PURPOSE The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public works project which furthers the goals and objectives of the Washington State Public Works Trust Fund Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities described in ATTACMIENT 1: SCOPE OF WORK. The project must be undertaken in accordance with PART IV: TMIS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated into this agreement as though set forth fully herein. PART IV: TERMS AND CONDITIONS The parties to this agreement agree as follo\vs: 4 01 Rate and Tenn of Loan The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed S1,000,00000. The interest rate shall be one-half percent(1/2%)per annum on the outstanding principal balance. The term of the loan shall not exceed 5 years, with the final payment due July 1,2008. 4 02 Local Proiect Share The LOCAL GOVERNMENT oledaes an amount of locally-eenerated revenue not less than fifteen percent (15%) of the total eligible portion of the project cost not funded by federal or state grants as identified in ATTACHMENT 1: SCOPE OF WORK, to be ierified at the time of project close-out. Any change in the percentage of locally-generated funds may require an adjustment in the loan amount or interest rate charged, or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement adjusting the loan amount or interest rate, as appropriate. Page 2 2003 PWTF Pre-Consuuruao lean Agrccmcnt Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to project activities described in ATTACHMENT I: SCOPE OF WORK. These e%penditures may be made up to melee (12) months prior to the a\ecution of the loan agreement and Verified at the fin> of project close-out. PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN AGREEMENT. 4 03 Disbursement of Loan Proceeds The availability of funds in the Public Works Assistance Account is a function of tax collection and loan repayment. If funds are not available at the time the invoice is submitted, or mhen an agreement is executed, the issuance of Warrants will be delayed. Therefore, subject to the availability of funds, warrants shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved project activities in accordance with ATTACHMENT 1: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed eighty fne percent (85%) of the eligible actual project costs. The disbursement of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form. The loan funds will be disbursed to the LOCAL GOVERNMENT as follows: Within thirty (30) days of the formal execution of this agreement, a sum not to exceed seventy-fixe percent (75%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT. At the time of project completion, a Close-out Repon, (refer to Section 4.18 for Close-out Repd shall be submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs. The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of eighty five percent(85%)of the eligible project costs or the total of$1,000,000.00,whiche%er is less,nor shall this disbursement occur prior to the completion of all project activities. The Close-out Report shall serve as a contract AMENDMENT for determining the final loan amount,interest rate,and local share. Page 3 2003 FWTF he-Consvucuon loan Agr In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of eighty five percent (857c) of eligible costs, all funds in excess of eighty five percent (85%) shall be repaid to the Public Works Assistance Account by payment to the Department of Community,Trade and Economic Development,or its successor,within thirty (30)days of submission of the Close-out Report. 4 04 Interest Earned on Public Works Trust Fund Monies All interest eamed on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project. Benefits shall accrue in one of two ways: l. Reduce the amount of the Public Works Trust Fund loan. 2. Pay any part of the eligible project costs that are in excess of ATTACHMENT 1: SCOPE OF NN'ORK estimates if there is an overrun of project costs. The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or any other method meeting generally accepted accounting principles. 4 05 Time of Performance The LOCAL GOVERNMENT shall begin the activities identified v6thin ATTACHMENT 1: SCOPE OF WORK no later than three (3) months after the date of loan agreement execution and reach project completion no later than eighteen (18)months after the date of agreement execution. Failure to perform within the time frame described in the preceding paragraph may constitute default of this agreement. in the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the HOARD extend the deadline for project completion. The BOARD may, by a two- thirds vote,extend the deadline. 4.06 Rewntent The first loan repayment under this agreement is due July 1,2004, and subsequent installments are due on July I of each year during the term of the loan. The first repayment under this agreement shall consist of interest only at the rate of one-half percent (1/2%) per annum, calculated on a 360-day year of twelve 30-day months, applied to funds received. Interest will begin to accrue from the date the BOARD issues each warrant to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided by the loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be an amount sufficient to bring the loan balance to zero. Page 4 2003 PWiF Re-ConswcUon Loan Agramcnt The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and the right to repay at a faster rate than is prop ided in this a,Bement, provided that any such payment must equal or exceed the amount nonnally due on an annual basis. The LOCAL GOVERNMENT will repay the loan in accordance ,viih the preceding conditions through the use of a check, money order, or equivalent means made payable to the Department of Community, Trade and Economic Development,or its successor, and sent to: Department of Community,Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S.W. P.O. Box 48300 Olympia,Washington 98304-8300 4 07 Rertavment Account The LOCAL GOVERNMENT shall repay the loan according to the option designated in Section 4.09 Loan Security. The name of the fund, account,or sub-account shall be 4.08 Default in Repayment Loan repayments shall be made to the Department of Community, Trade and Economic Development, or its successor, in accordance with Section 4.06 of this agreement. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a daily penalty beginning on the thirty-first (31) day past the due date. The penalt will be assessed on the entire payment amount. The penalty %vill be twelve percent(12`0)per annum calculated on a 360-day year. The LOCAL GOVERNMENT acknowledges and agrees to the BOARD'S right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the LOCAL GOVERNMENT of such delinquency including, %%ithout limitation, the state government and the United States of America or its agencies,credit rating agencies, and the municipal finance market. The same penalty terms shall apply to delinquent repayment of funds paid in excess of eligible costs as provided for in Section 4.03. The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in any action undertaken to enforce its rights under this section. Page 5 2003 PAW F rc-Consuuctwn bun Agrc 4 09 Loan Security The LOCAL GOVERNMENT must select one of the following options for securing repayment of the loan. Please initial the appropriate option. 1. General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT. OR 2. Remenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer, or solid waste utility project. LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewerlstorm sewer utility may not use this option. Projects pro%iding for e mixture of bridge, road, domestic water, sanitary sever, and storm server activities may not use this option. This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the utility system indicated below. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. Please choose and initial one of the following utility s3slenms: Water Sanitary Sewer(Wastewater) Stormwater Water/Sanitary Sewer StormwaterlSanitary Sewer Solid Waste OR 3. Local Improvement District: Pursuant to RCW 35 51.050, the LOCAL GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement District,Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is Nothing to this section shall absolve the LOCAL GOVERNMENT of its obligation to tnal,e loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this agreement. Page 6 2003 Pw?F ReConsuucuon l,wn Agrccmcns 4.10 Recordkeeping and Access to Records The BOARD, the BOARD'S agents, and duly authorized officials of the State shall halve full acce and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, an books of the LOCAL GOVERNMENT and of persons, Gras, or organizations with nhich the LOCAL GOV ERMIENT may contract, im oh i ng transactions related to this project and this agreement. The LOCAL GOVERNMENT agrees to retain these records for a period of six years from the date of project completion. If any litigation, claim or audit is started before the expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings involving the records hax a been resolved. 4.11 Reports The LOCAL GOVERNMENT, it such times and on such forms as the BOARD may require, shall furnish the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other matters cohered by this agreement. Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.14. 4.12 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in performance of this agreement, however caused. In the case of negligence of both the BOARD and LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. 4.13 Amendments, Modifications. and Waivers Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT may request an amendment of this agreement for the purpose of modifying the SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. No modification or amendment resulting in an extension of time shall take effect until a request in writing has been received and approved by the Board to accordance vinh Section 4.U5. TJo amendment or modification shall take effect until approved in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waiNed unless approxed by the BOARD in q riting. Page 7 2003 PNTF Re-Consuucuon Lain Ag40 4.14 Termination for Cause If the LOCAL GOVERNMENT fails to comply Nvith the tens of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT 1: SCOPE OF WORK, the BOARD may terminate the agreement in whole or in part at any time. The BOARD shall promptly notify the LOCAL GOVERNMENT in writing of its detennination to terminate, the reason for such tennination, and the effective date of the termination. Nothing in this section shall affect LOCAL GOVERNMENT obligations to repay the unpaid balance of the loan. 4 15 Termination For Convenience The BOARD may tenminate this agreement in the event that federal or state funds are no longer available to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this agreement. Termination will be effective \%hen the BOARD sends %vritten notice of termination to the LOCAL GOVERNMENT. Nothing in this section shall affect LOCAL GOVERNMENT obligations to repay the unpaid balance of the loan. 4.16 Goverine Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and perfor-mance hereof shall be governed by, the laws of the state of Washington. Venue of any suit betmveen the parries arising out of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is entitled to recover costs in accordance \kith Washington State Law (Chapter 4.84 RCXV). 4.17 Severability If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other pro\isions of the agreement which can be gimen effect without the invalid provision. 4.18 Project Completion The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report %%hen the activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL GOVERNMENT will provide the following information to the BOARD: r n ..v.r.c Cr o , ... oa..,,.. •. . .VIFJ \l. ...b .Goe VV. ."Fr 11. 2. A copy of a resolution accepting the project design as being complete. 3. Certification that all costs associated with the project have been incurred. Costs are incurred When goods and services are received and/or contract work is perfommed. Page 8 2003 PH'TP Pre-Construction Loan Agreement 4.19 Proiect Close-out In accordance with Section 4.03 of this agreement, the LOCAL GOVEMlENT %%ill submit, togethe01 wish the Close-out Report, a request for a sum not to exceed the final twenty-fire percent(25%) of the loan amount. 4.20 Audit Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the Department of Community, Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by the LOCAL GOVERNMENT. 4.21 ProiectSiens If the LOCAL GOVERNMENT displays, during the period covered by this as eement, signs or markers identifying those agencies participating financially in the approved project,the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project. 4 22 Nondiscrimination Provision During the performance of this contract, the LOCAL GOVERNMENT shall comply %%ith 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 %%ith Disabilities Act(ADA). In the eNent of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in tihole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts x%ith the BOARD. The LOCAL GOVERNMENT shall, hoN%eier,be giNen a reasonable time in which to cure this noncompliance. PART V: SPECIAL ASSURANCES The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project. Of particular importance are the following: 5 01 RCW 43.155 060 The LOCAL GOVERNMENT shall comply with the provisions of RCW 43155060 regarding competitive bidding requirements for projects assisted in ,%hole or in part with money from the Public Works Trust Fund program. Page 9 2003 PWTF Nckuosuucuon Loan Ap 5 02 \VAC 399-30-030(3) The LOCAL GOVERNMENT assures compliance t\ith VAC 399-30-030(3) which identities eligible costs for projects assisted with Public Works Trust Fund loans. 5.03 Historical and Cultural Artifacts The LOCAL GOVERNMENT agrees that if historical or cultural anifacts are disco\ered durin; construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at the Washington State Office of Archeology and Historic Preservation. The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for work or services related to ATTACHMENT I: SCOPE OF WORK. 5.04 Assignment Neither this agreement, nor any claims arising under this agreement, shall be transferred or assigned by the LOCAL GOVERNMENT�+ithout prior written consent of the BOARD. y Page 10 2003 PW7'F f4rConswcuon Loan Aereemem PUBLIC IYORKS TRUST FUND Pre-Construction Program ATTACHMENT 1: SCOPE OF II'ORK M-03-691-PRE-108 CITY OF KENT South 228'h Street Extension 1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund loan. (Attach additional sheets if necessary): The following are specific design objectives: • Design approximately 5.300 feet of new, 5-lane minor arterial street between 54'h Avenue S and Military Road, including a new bridge over the Green River. • Obtain permits for the new bridge over the Green River. • Design for reconstruction of Dlilttary Road from 3-lanes to 5-lanes bete een the new intersections with S 228'h Street and SR-516. • Complete design and coordinate with neighborhood groups to install a noise wall along The Lakes residential area (near 541h Avenue S. • Design a new traffic signal at Military Road/SR 516. • Design a new traffic signal at S 228'h Streetl54'h Avenue S. • Design a new traffic signal at S 228'h StreeLlMilitary Road • Complete design and obtain approval for wetland creationlrestoration of 4.65 acres, enhancement of 9.35 acres, and upland/buffer restoration of 3 0 acres of wetland area to offset 1.94 acres of wetland fill. • Design and permit new storm water detention/treatment facilities. 2. The term of this loan will be five years. T 1Contracting',Pre-ConTC Scope PRE 108 dot Scope of\fork Page Two PW-03-691-PRE-108 Estimated Proiect Costs: Total Engineering $ Environmental Review $ Land/R-O-W Acquisition $ 1,800,000 Permits $ 75,000 Contingency (10%) $ 410,000 Bid Documents $ 2,200,000 Public Involvement/Information $ 25,000 TOTAL ESTIMATED COSTS $ 4,510,000 Anticipated Fund Sources: A Total Grant Funding $ 976,500 B. Local Revenue $ City of Kent $ 515,750 Local Improvement District #353 $ 2,017,750 Other Fund $ Rates $ Assessments $ (LID, RED,ULID) $ Special Levies $ Federal Loan(s) from: (identify all) 3taiC Loans) from: (identify 3i11) $ $ Other: identify sources) TOTAL LOCAL REVENUE $ 2,533,500 C. PUBLIC WORKS TRUST FUND LOAN $ 1,000,000 T1Contracbng\Pie-Con1PC Scope PRE 108 dot Scope of Work Pave 3 PW-03-691-PRE-103 Calculating Local Percentage: (Note: Please exclude any expansion/gronth costs and funding before calculating the local percentage.) Calculate as follows: Total Local Revenue PWTF Loan + Total Local Revenue = Local Loan Percentage $2.533.500 $3,533,500 = 71% The local contribution must be at least: Five percent (5%) for a loan interest rate of 2% Ten percent (10%) for a loan interest rate of 1% Fifteen percent (15%) for a loan interest rate of 0.5% 7\Contracting\Pre-Con\PC Scope PRE 108.dot PUBLIC WORKS TRUST FUND ATTACHMENT II: ATTORNEY'S CERTIFICATION 1, , hereby certify: am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the (the LOCAL GOVERNMENT), and I have also examined any and all documents and record which are pertinent to the loan agreement,including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1 . The LOCAL GOVERNMENT is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the LOCAL GOVERNMENT from repaying the Public Works Trust Fund loan extended by the DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT. Signature of Attorney Date Name Address TAContractmgTONTRACT\Attcert doc Kent City Council Meeting Date 4 t 19 2ITw $' a egory"Consent Calendar RA04WATft XARVESTING SYSTEM ORDINANCE-ADOPT 2. 4A �'SIA6Tjg Rdopfiofirof Ot ance No. amending the ,aa Kent City Code to include it lW discount on sty and surface water utility charges for commercial properties Utilizing a rainwater harvesting system. -1'"Y-20120035 O0'eMr I re signed into law Engrossed Substitute House Bill ' �= g"V*%*'MR*es cities to proirde a minimum ten 10 rechictiao the ( )Percent rate -t' �- I surface water charges billed to owners or renters of F buildings ifflWOVWY utilizes a rainwater harvesting system. ESHB *W -a code amendMe I&Sections 7.06 020 and 7.05.130 of the Kent City Code SIP-storm and she water utility chajrge.#fn order to include a definition of "ra'nwater harvesting system"and requires a now provision allowing for the ten (10) tMent rate reduction.if such a system is in use by a commercial property owner or renter. 3. " 'Ord� "ic W " orks Director memorandum _' nittee t, � NO X YES 6. DD D I, Rfi iraa r . $ �4F . � 7. CC'i'Y'� ' ' + 111 moves,Counc�nember } seconds DISCI 1S N. ACI`IY: '} Council Agenda - yti v Item No. 6H LAW DEPARTMENT Tom Brubaker, City Attorney Phone:400 253-856- 770 � Fax.. 253-856-6770 K E N T Address: 220 Fourth Avenue S. W.s H I M G T O M Kent,WA.98032-5895 DATE: July 21, 2003 TO: Public Works q i FROM: Tom Brubake ,,�Li r Attorney SUBJECT: Rainwater Harvesting System - Amending Chapter 7.05 of the Kent City Code MOTION: Move to recommend council adoption of the proposed ordinance amending the Kent City Code to include a 10% discount on storm and surface water utility charges for commercial properties utilizing a rainwater harvesting system. SUMMARY: On May 20, 2003, Governor Locke signed into law Engrossed Substitute House Bill 2088 ("ESHB 2088'), which requires cities to provide a minimum ten (10) percent rate reduction in the amount of storm or surface water charges billed to owners or renters of commercial buildings if that property utilizes a rainwater harvesting system. ESHB 2088 takes effect on July 31, 2003, and requires a code amendment to sections 7.05.020 and 7.05.130 of the Kent City Code relating to storm and surface water utility charges in order to include a definition of"rainwater harvesting system" and a provision allowing for the ten (10) percent rate reduction if such a system is in use by a commercial property owner or renter. BUDGET IMPACT: None. ♦ GNy.pp.�u1.SMAW........1.15AMw IY1'.VnSM,y 1 ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending sections 7 05 020 and 7.05.130 of the Kent City Code relating to storm and surface %vater utility charges in order to include a ten (10) percent rate reduction for commercial properties utilizing a rainwater harvesting system. This rate reduction %was passed by the Legislature and signed by the Govemor under Engrossed Substitute House Bill 2088, «hich lakes effect July 31,2003. WHEREAS, On May 20, 2003, Go%emor Locke signed into law Engrossed Substitute House Bill 2088 ("ESHB 2088"), %%hich amends RCWs 35 67 020 and 35 92 020 and requires cities to pro%ide a minimum ten (10)percent rate reduction in the amount of stomr or surface%%ater charges billed to owners or renters of commercial buildings if that property utilizes a rainwater haresting system,and WHEREAS, ESHB 2088 also requires a commercial property owner or renter using a rainwater harvesting system to use a system (hat is properly sized to Utilize the a%adab)e roof surface of the building,and WHEREAS, the Washington State Building Code Council, on July 12, 2002, adopted Permissi%e Rain%ater Haresiing System Guidelines for Non- Residential Occupancies W hich provides guidance on the installation of an acceptable system;and 1 Rainwater Harresriug System— Amendment to Ch. 7.05 KCC a I WHEREAS, ESHB 2088 tales effect on July 31, 2003, and requires a code amendment to sections 7.05 020 and 7.05.130 of the Kent City Code relating to storm and surface water utility charges in order to include a definition of"rainwater Ilanesting system' and a proN ision allowing for the ten (10) percent rate reduction if such a system is in use by a conunercial property owner or renter; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHiNGTON, DOES HEREBY ORDAIN AS FOLLOWS- SECTION 1. — 4niendinent. Section 7.05 020 of the Kent City Code, entitled"Definitions,"is amended as follows- Sec. 7.05.020. Definitions. The following words, temts and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except %%here the context clearly indicates a different meaning: Detention shall mean the temporary storage of storm and surface water run-off w nth prom ision for the controlled release of the stored water. £quit alent sen tce unit (ESU) shall mean a configuration of det elopment or impenious surfaces estimated to contribute an amount of run-off to the city's storm and surface water drainage system which is approximately equal to that created by the a%erage single-family residential parcel. This excludes the multiplier effects of continuous areas of imperious surfaces larger than an ESU. One (1) ESU is equal to m o thousand five hundred (2,500) square feet of iniperntous surface area or any portion thereof. lnipervious innhiplier shall mean a multiplier used in the city storm and surface water utility rate formula which reflects the hydraulic impact of increasing percentages of impervious surface area. The effect of such multiplier is to increase the monthly sen ice charge for parcels ham ing a higher ratio of impen ious surface area to total surface area. 2 Rainwater Narresting S1•stein— Amendinent to Cit. 7.05 KCC Impervious surface shall mean that hard surface area vvhrch either prevents or retards the entry of water into the sal mantle as it entered under natural condtions pre- existent to development,and/or that hard surface area %%hich causes eater to runoff the surface in greater quantities or at an increased rate of flow from that present under natural conditions pre-existent to de%elopnrent. Common upper ious surfaces include, but are not limited to, roof tops, concrete or asphalt pa"ing, walkways, patios, driveways,parking lots or storage areas, and oiled, macadam or other surfaces %%hich similarly impede the natural infiltration of surface w aier. Parcel shall mean the smallest separately segregated unit or plot of land hay ing an identified owner, boundaries, and surface area which is documented for tax purposes and given a tax account(lot)number by the King County assessor. Parcel, agricultural shall mean any parcel of land upon which crops are produced or livestock is raised,and may include houses,bams, greenhouses and other structures related to farming activities. Aenculture includes both commercial and noncommercial activities. Parcel, developed shall mean any parcel v+hich has been altered by grading or filling of the ground surface or by construction of any improvement or other impervious surface area w hich affects the hydraulic properties of the parcel Parcel, single fmrulr residential shall mean any parcel of land having on it a dwelling unit %%hich is desicned for occupancy by one(1) family or a similar group of people. Petrel, undeveloped shall mean any parcel which has not been altered by grading or filling of the ground surface, or by construction of any improvements or other tmper sous surface area w hich affects the hydraulic properties of the parcel. Rnurnater Han•esyng Svucm shall mean a system that is PToPerly sized to utilize the available roof surface on anv new or remodeled commercial balding, v+hich complies with the euidelines established by the Washington State Building Code Council for a harvesting system that collects and stores rainwater for the yilmose of supplying water to plumbing fixtures, mdusinal applications, or used for irrigation puiposes 3 Rainwater Harvesting System— Amendment to Cit. 7.05 KCC Retention shall mean the storage of storm and surface eater run-off NNith no pro,.isions for release of the stored eater other than by emaporation and infiltration. Storm and sinfoce enter facility shall mean any natural or person-made component of the city storm and surface rater system.Storm and surface water facility shall also include any structure or facility impacting the city system, or othensise related to stone and surface water management. Storm and surface ,rater s}•stem shall mean the total system of storm and surface W ater facilities as described in KCC 7 05 040 and the drainage basins map. SECTION 2. —Amendment. Section 7 05 1 A of the Kent City Code, entitled"Rate reductions—Credits,"is intended as follows: Sec. 7.05.130. Rate reductions — Credits. The finance director, upon direction of the director of public NNorl.s or designee shall reduce (credit) the normal storm and surface water utility charge for a parcel of real property %Nhen the public works department finds: 1. The omt net of a parcel, other than a residential parcel, has installed an approt ed onsite retention system a hich substantially reduces the flows expected after the development of such a parcel. No credit shall be given for mitigating measures -,N hich are required to meet any ordinance, regulation, other control or standard established by the city, King County or the state. Such credits shall be commensurate H ith the mitigating effects so that the reduction in rates w ill be in approximate proportion to the reduction in run-off. In no case shall such a credit result in a rate less than the monthly charge for a single-family residential parcel. A system of standard credits in storm and surface A%ater utility charges for retention measures shall be demeloped and transmitted to the city council for appro-,al %�nhm ninety (90) days of adoption of this chapter. 4 Rainwater Harvesting System— Amendment to Ch. 7.05 KCC 2 Such a credit will remain in effect as long as: a. The o%%ner of such a system has obtained the proper permits and constructed the system according to plans approm ed by the director of public m+oiks or designee; b. The owner remains responsible for all costs of operation and maintenance of the system consistent with city standards, whether operated and maintained by the owner or by the city;and C. The director of public works or designee has access for inspection of the system to determine if it is in compliance with design and maintenance standards,and is functioning properly. 3. the owner or renter of a new or remodeled commercial building is utilizing ermissive ratmxater harvesting system. as defined in KCC 7 05 020. In such cases, and in accordance w nh RCWs 3S 67 020 and 35 92 020, the ow ner or renter shall recene a credit equal to a minimum ten (10) percent rate reduction. The city's public w•orls director will consider rate reductions in eNcess of ten 00) percent depending upon the amount of rainwater harvesled 43. The owner or renter of a single-family residential parcel of teal property qualifies under Resolution 980 for lifeline rates. In such cases, the lifeline charge rate For the qualifying customer shall be ninety-two cents (S0.92) per month, and basm- specifte charges pursuant to KCC 7.05.090(13)(5)shall not be imposed. 54. The owner of a parcel of real property has made improvements to existing and natural watercourses which will result in the enhancement of water quality or the restoration or enhancement of natural spawning or rearing areas. These credits shall continue so long as the o%Nner or his agent satisfactorily maintains the watercourse impromements. Standards and criteria for establishing the amount of reductions for such improvements shall be dcN eloped,with the assistance of a fisheries biologist, and transmitted to the city council for appromal withm one hundred eighty (1 S0)days of the adoption of this chapter. 5 Rainwater Harvesting System— Amendment to Cit. 7.05 KCC C». Appro%ed onsite retention systems in subsection (1) abo-,e, and approted eater quality enhancement efforts, to subsection(11) abo%e,are found to be mttigaung measures pursuant to RCW 90.03.510 and thereby entitled to the credits prop ided in this section. SECTION 3. —Severabilitr, If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION a. — Efffecme Dare This ordinance shall take effect and be in force thirty(30)days from and after its passage as proN ided by law. 1IM WHITE,MAYOR ATTEST: BRENDA 1ACOBER,CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER,CITY ATTORNEY 6 Rainwater Harvesting Slsrem— Amendment to Ch. 7.05 KCC PASSED: day of .2003. APPROVED. day of 2003. PUBLISHED, day of 2003 I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approt ed by the mayor of the city of Kent as hereon indicated. (SEAL) BRENDA JACOBER,CITY CLERK 7 Raimraler Hanrsiing Sjivem— Amendment to Ch. 7.05 KCC ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending sections 7.05.020 and 7.05.130 of the Kent City Code relating to storm and surface water utility charges in order to include a ten (10) percent rate reduction for commercial properties utilizing a rainwater harvesting system. This rate reduction was passed by the Legislature and signed by the Governor under Engrossed Substitute House Bill 2088, which took effect July 31, 2003. WHEREAS, on May 20, 2003, Governor Locke signed into law Engrossed Substitute House Bill 2088 ("ESHB 2088"), which amends RCWs 35.67.020 and 35.92.020 and requires cities to provide a minimum ten (10) percent rate reduction in the amount of storm or surface water charges billed to owners or renters of commercial buildings if that property utilizes a rainwater harvesting system; and WHEREAS, ESHB 2088 also requires a commercial property owner or renter using a rainwater harvesting system to use a system that is properly sized to utilize the available roof surface of the building; and WHEREAS, the Washington State Building Code Council, on July 12, 2002, adopted Permissive Rainwater Harvesting System Guidelines for Non- Residential Occupancies which provides guidance on the installation of an acceptable system; and 1 Rainwater Harvesting System — Amendment to Ch. 7.05 KCC WHEREAS, ESHB 2088 took effect on July 31, 2003, and requires a code amendment to sections 7.05.020 and 7.05.130 of the Kent City Code relating to storm and surface water utility charges in order to include a definition of "rainwater harvesting system" and a provision allowing for the ten (10) percent rate reduction if such a system is in use by a commercial property owner or renter; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - Amendment. Section 7.05.020 of the Kent City Code, entitled "Definitions," is amended as follows: Sec. 7.05.020. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Detention shall mean the temporary storage of storm and surface water run-off with provisions for the controlled release of the stored water. Equivalent service unit (ESU) shall mean a configuration of development or impervious surfaces estimated to contribute an amount of run-off to the City's storm and surface water drainage system which is approximately equal to that created by the average single-family residential parcel. This excludes the multiplier effects of continuous areas of impervious surfaces larger than an ESU. One (1) ESU is equal to two thousand five hundred (2,500) square feet of impervious surface area or any portion thereof. Impervious multiplier shall mean a multiplier used in the City storm and surface water utility rate formula which reflects the hydraulic impact of increasing percentages of impervious surface area. The effect of such multiplier is to increase the monthly service charge for parcels having a higher ratio of impervious surface area to total surface area. 2 Rainwater Harvesting System — Amendment to Ch. 7.05 KCC Impervious surface shall mean that hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions pre- existent to development, and/or that hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions pre-existent to development. Common impervious surfaces include, but are not limited to, roof tops, concrete or asphalt paving, walkways, patios, driveways, parking lots or storage areas, and oiled, macadam or other surfaces which similarly impede the natural infiltration of surface water. Parcel shall mean the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which is documented for tax purposes and given a tax account (lot) number by the King County assessor. Parcel, agricultural shall mean any parcel of land upon which crops are produced or livestock is raised, and may include houses, barns, greenhouses and other structures related to farming activities. Agriculture includes both commercial and noncommercial activities. Parcel, developed shall mean any parcel which has been altered by grading or filling of the ground surface or by construction of any improvement or other impervious surface area which affects the hydraulic properties of the parcel. Parcel, single-family residential shall mean any parcel of land having on it a dwelling unit which is designed for occupancy by one (1) family or a similar group of people. Parcel, undeveloped shall mean any parcel which has not been altered by grading or filling of the ground surface, or by construction of any improvements or other impervious surface area which affects the hydraulic properties of the parcel. Rainwater Harvesting System shall mean a system that is properly sized to utilize the available roof surface on any new or remodeled commercial building which complies with the guidelines established by the Washington State Building Cod Council for a harvesting system that collects and stores rainwater for the purpose of supplying water to plumbing fixtures, industrial applications or used for irrigation purposes. 3 Rainwater Harvesting System— Amendment to Cit. 7.05 KCC Retention shall mean the storage of storm and surface water run-off with no provisions for release of the stored water other than by evaporation and infiltration. Storm and surface water facility shall mean any natural or person-made component of the City storm and surface water system. Storm and surface water facility shall also include any structure or facility impacting the City system, or otherwise related to storm and surface water management. Storm and surface water system shall mean the total system of storm and surface water facilities as described in KCC 7.05.040 and the drainage basins map. SECTION 2. — Amendment. Section 7,05.110 of the Kent City Code, entitled"Rate reductions—Credits," is amended as follows: Sec. 7.05.130. Rate reductions — Credits. The finance director, upon direction of the director of public works or designee shall reduce (credit) the normal storm and surface water utility charge for a parcel of real property when the public works department finds: 1. The owner of a parcel, other than a residential parcel, has installed an approved onsite retention system which substantially reduces the flows expected after the development of such a parcel. No credit shall be given for mitigating measures which are required to meet any ordinance, regulation, other control or standard it established by the City, King County or the state. Such credits shall be commensurate with the mitigating effects so that the reduction in rates will be in approximate proportion to the reduction in run-off. In no case shall such a credit result in a rate less than the monthly charge for a single-family residential parcel. A system of standard credits in storm and surface water utility charges for retention measures shall be developed and transmitted to the City Council for approval within ninety (90) days of adoption of this chapter. 4 Rainwater Harvesting System — Amendment to Ch. 7.05 KCC 0 2. Such a credit will remain in effect as long as: a. The owner of such a system has obtained the proper permits and constructed the system according to plans approved by the director of public works or designee; b. The owner remains responsible for all costs of operation and maintenance of the system consistent with City standards, whether operated and maintained by the owner or by the City; and C. The director of public works or designee has access for inspection of the system to determine if it is in compliance with design and maintenance standards, and is functioning properly. 3. The owner or renter of a new or remodeled commercial building is utilizing a permissive rainwater harvesting system, as defined in KCC 7.05.020. In such cases, and in accordance with RCWs 35 67 020 and 35.92.020, the owner or renter shall receive a credit equal to a minimum ten (10) percent rate reduction. The City's public works director will consider rate reductions in excess of ten (10) percent depending upon the amount of rainwater harvested. 43. The owner or renter of a single-family residential parcel of real property qualifies under Resolution 980 for lifeline rates. In such cases, the lifeline charge rate for the qualifying customer shall be ninety-two cents ($0.92) per month, and basm- specific charges pursuant to KCC 7.05.090 (B)(5) shall not be imposed. 54. The owner of a parcel of real property has made improvements to existing and natural watercourses which will result in the enhancement of water quality or the restoration or enhancement of natural spawning or rearing areas. These credits shall continue so long as the owner or his agent satisfactorily maintains the watercourse improvements. Standards and criteria for establishing the amount of reductions for such improvements shall be developed, with the assistance of a fisheries biologist, and transmitted to the City Council for approval within one hundred eighty (180) days of the adoption of this chapter. 5 Rainwater Harvesting System— Amendment to Ch. 7.05 KCC 65. Approved onsite retention systems in subsection (1) above, and approved water quality enhancement efforts, in subsection (43) above, are found to be mitigating measures pursuant to RCW 90.03.510 and thereby entitled to the credits provided in this section. SECTION 3. — Severabihty. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 6 Rainwater Harvesting System — Amendment to Ch. 7.05 KCC PASSED: day of August, 2003. APPROVED: day of August, 2003. PUBLISHED: day of August, 2003. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P a ml IM1Av.Nue..ie.l I.msYaSunn^Ilt J. 7 Rainwater Harvesting System — Amendment to Ch. 7.05 KCC b y y j Kent City Council Meeting 37 Date August 19. 2003 Category Consent Calendar 1. SU— LID 357, 120TH PLACE SE SANITARY SEWERS—ADOPT ROLUTION SETTING HEARING DATE 2. Adoption of Resolution No. setting Sqo"nbor 169 2003,ag:the-ham date on proposed Local Improvement District 357 ("LW)for the public to comment on or object to the LID before the city council. =Iho�ity_received a potion for the installation of sanitary sewers in the vicinity of the 120s'Place SE cul-de-sac,,as shown on the map attached to Don Wickstrom's August 4, 2003,M orandum,tw*0 public works committee. All property owners within the project arcs:were contacted and there appears to be adequate support to proceed with the LID formation. Tha project area`is inside the city limits and Kent's sewer service area. The motel cost fo,tim PrOect is estimated at$101,700. Approximately$11,700 of 1houptal costwill bepb' airy from the sewer utility fund. The remaining 490,OWwill he assessed against the properties benefited by the improvements, which ` -00awtoon approximate assestmont of$15,000 per lot. At its meeting on August 4, ft public,w�conr�tee recommended#fit council schedule a public meeting comment oftrobloctions.on the LED before the full city council on St 16,2003,.4,7:fl0p 3. Re o*,rPublic Works Director memorandum and vicinity map 4. RRCQII I'l" A�lil . . lie Works ComM tt g _ (Committee,StJr,.Commission,etc..) 5. 3 MfiMD.8K4W.X&%NNEL ' CT: NO YES x Proposal for City to contn'bute$11.700 toward the project from sewer utility funds. 7. moves, Councilmember seconds f;- DISCUSSION: Y-^ ACTION.- _ ,.- u Council Agenda .=�� ;F Item No. 61 PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director 400 Phone.253-856-5500 Fax 253.856-6500 K E N T Address: 220 Fourth Avenue S W^5H1W GTOM Kent,WA.98032-5895 DATE: august a, 2003 TO: Mayor White aA Kent City Council FROM: Don Wick, Oblic Works Director SUBJECT: Proposed L.I.D.: 120" PI SE Sanitary Sewers (SE 256'h St. to 200 feet south) A1OTION: Recommend adoption of the Resolution of Intent setting a public (rearing date on the formation of the L.I.D. for the 6 properties shoe n on the attached map. SUAINIARY/BACKGROUND: The City received a petition for the installation of sanitary sewvers in the vicinity of SE 256'h Street and 120'4 Pl. SE as shown on the attached map. Subsequently, all properly o%Nners within the project area wvere contacted and there appears to be adequate support to proceed ,with the L.I.D. formation. The project area is inside of the City limits and Kent's sevver senice area. The City developed a proposal to senice the six lots on the 120th PI SE cul de sac. Se%Ner is available to all other properties in the vicinity. The information including cost was gi%en to the petitioner. The petitioner contacted his neighbors and confirmed interest in the L I D. wvith new signatures on a new petition. Four of the six lots (67%) signed the petition. These parcels are indicated on the map. The other two property owners do not want to proceed with the L I.D. due to the expense. The total L I.D. assessment is estimated at $90,000. All lots are single family lots receiN ing one side sewer connection so all are assessed equally. The estimated assessment is S 15,000 per lot. The project area is an older residential area developed with septic systems. All six lots have homes. It is not known how many existing septic systems arc technically in a state of failure, however, we understand from the residence that there have been septic problems in the area. Our understanding is that there are no serious septic problems at this time. Due to the age of the septic systems and the potential for problems, the petitioners are wanting to upgrade to sanitary sewer. Usually it is difficult to repair septic problems, especially on small lots such as these with limited space. Sanitary sewers are usually the most feasible, economical and long term method for addressing these potential problems, especially when numerous property owners in a neighborhood support sewer installation as is the case with this proposal. The Department of Public health has told us that the life expectancy of a septic system is twenty to thirty years depending on use and maintenance and that they are a short term disposal method Mayor White and Kent City Council Proposed LID: 120'h Place SE Sanitary Sewers August 4,2003 l The Depatlmenl of Public health has told us that the life expectancy of a septic system is twenty to thirty years depending on use and maintenance and that they are a short ternm disposal method until public seers become available. The project area has exceeded this time frame,therefore, these systems are at or are near the end of their useful live. They also say that the cost of septic repairs may be as high as converting to public sewers. The latest state codes make septic repairs more difficult and expensite. The soil type within the project area is poorly rated for septic system use. According to the Soil Conservation Service (US Dept. of Agriculture) soil survey for King County, the soil type as mapped is rated severe limitation for septic drain fields. The soil series is designated as AgB (Alderwood gravelly sandy loam, 0 to 6% slopes). This soil exhibits very slow permeability below a depth of 24-40 inches and a seasonal high water table. Effluent and drainage nmo%e laterally over the imperious layers. Effluent may come to the surface. in addition to the need for severs in this area to replace the old septic systems, there are environnmental concenms. The project area is located near two mapped wetlands located along the northwest tributary to the west fork of Soosette Creek. Septic systems are a threat to water quality. There are no City owned properties within the proposed project. However, the proposal is for the City to contribute an estimated S11,700 seaver utility funds. Typical sewer L.I.D projects are estimated at about $15,000 per lot. Due to the small size of this project, the per lot cost is higher. The proposal is for the City to fund the cost in excess of the S 15,000 per lot assessment. For sometime the water main on 120'h PI SE has been in need of replacement. The proposal is for the City to fund and construct the necessary water main improvements in conjunction withis the sanitary sewer should the L.I.D. be fommed. The road restoration costs will be shared between the a ater and sea er projects, thereby reducing the sewer construction costs. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact Mayor while and Kent City Council Proposed LID: 120'"Place SE Sanitary Sewers August 4,2003 2 r < D E. 116 ST. m S 218TH T 7 � �\ SE 223RD ST CITY OF KENT Z N S 28 i � f N / ' / r i 10 / m i r i h ST t SE 40 T 1 ; SE 2 W N VI < CLARK � < � lK a I rn N SE 48TH ST W S 2N ST - P JECT > VL T ON z - N W wA T S 56TH 5 '^ 9TH ST p kFgT r < / R / / SE 264TH ST / 4, W W % IA / to SR 6 g9 �R R / a a j 77 ST i v CITY Of KENT ENGINEERINO DEPARTMENT 400 W. GOWE ST KENT. WA. 90032 W ` PROPOSED SANITARY SEWER L.I.D. VICINITY MAP v KENT 120TH PL S.E. """""' (S.E. 256TH STREET TO 200 FT. SOUTH) JULY, 2003 V EXISTING SANITARY " SEWER WETLAND S.E. 256TH ST �J* W O WETLAND LEGEND H O ASSESSMENT a -" \ NUMBER PROPOSED* \\_ s 8" SANITARY ED LID PARCEL 0 1 SEWER ---PROPOSED SANITA CO ; O* L.I.D. "ERRY BOUNDARY SIGNED NEW PETITION KENT SCHOOL DISTRICT ADMINISTRATION OFFICES 0 s J R s C17Y OP KENT ENGINEERING DEPARTMENT 400 W. GOWC ST KENT. WA. 94032 W PROPOSED SANITARY SEWER L.I.D. BOUNDARY MAP _ EN7 120TH PL S.E. R """ (S.E. 256TH STREET TO 200 FT. SOUTH) JULY. 2003 u RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order the construction of an 8" sanitary sewer system with 6" side sewer stubs to the property line for each of the six (6) properties included in the proposed local improvement district, 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 16, 2003. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE 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 by this reference made a part hereof, by the construction of an 8" sanitary sewer system with 6" side sewer stubs to the property line for each of the six (6) properties included in the proposed local improvement district, 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 therefore prepared by the Director of Public Works of the City and may 1 Proposed LID 357— 120'h Place SE Sanitary Sewer—Set Hearing Date 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 $101,700, and approximately $11,700 of that cost and expense shall be paid by the City and the balance thereof (an estimated $90,000) 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 (15) 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. The City Clerk also 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 outside of the proposed local improvement district that is required by the Federal Housing Administration as a condition of loan qualification to be connected to the proposed improvements, by mailing such notice at least fifteen (15) days before the date fixed for 2 Proposed LID 357—120'h Place SE Sanitary Sewer—Set Hearing Date the public hearing to the owner or reputed owner of the property as shown on the rolls of the County Assessor at the address shown thereon, as required by law. This resolution also shall be published in its entirety in at least two (2) consecutive issues of the official newspaper of the City, the date of the first publication to be at least fifteen (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 in. on September 16, 2003, 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 thirty (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 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 16, 2003, all data and information required by law to be submitted. 3 Proposed LID 357— 12ffhPlace SE Sanitary Sewer—Set Hearing Date SECTION 6. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 7. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 8. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent,Washington,this day of August,2003. CONCURRED in by the Mayor of the City of Kent this day of August, 2003. JIM WHITE,MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROV D O FO FOS ER PEPPER& SHEFELMAN PLLC Special Counsel and Bond Counsel P K1nuRauluum4.IDJs"I 12U1PIu5E Suv,Sva-Sa1kK0wcde 4 Proposed LID 357-12ff Place SE Sanitary Sewer—Set Hearing Date CERTIFICATION 1, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Resolution No. (the "Resolution") is a full, true and correct copy of an Resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on August 19, 2003, as that Resolution appears on the minute book of the City; and the Resolution will be in full force and effect immediately following its adoption; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this day of August, 2003. CITY OF KENT, WASHINGTON Brenda Jacober, City Clerk 5 Proposed LID 357- 11d"Plaee SE Sanitary Sewer—Set Hearing Date EXHIBIT "A" LID 357 120t°PLACE SE SANITARY SEWERS BOUNDARY LEGAL DESCRIPTION THAT PORTION OF THE WEST 330 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE WEST 330 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION TO A POINT ON THE SOUTHERLY MARGIN OF SOUTHEAST 256TH STREET; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID WEST LINE A DISTANCE OF 250 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION A DISTANCE OF 330 FEET TO A POINT ON THE EAST LINE OF THE WEST 330 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 255 FEET TO A POINT ON THE SOUTHERLY MARGIN OF SOUTHEAST 256T11 STREET; THENCE WESTERLY ALONG SAID SOUTHERLY MARGIN A DISTANCE OF 330 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT ANY PORTION THEREOF LYING IN SOUTHEAST 256TH STREET. S PEDS1CaroN.ID 357\Bou dary Legal Exhibit A and B dw EXHIBIT `B" LID 357 120TH PLACE SE SANITARY SEWERS SANITARY SEWER IMPROVEMENTS The proposed project is the construction of an 8"sanitary sewer system with 6"side sewer stubs to the property line for each of the 6 properties included in the LID boundary. The construction will include 8" sewer at the following locations: ON FROM TO 120`h Place SE SE 2561h Street South approximately 200 feet to (private road) Cul-de-sac S PEDS\CamIU.ID 35TBoundary legal Exhibit A and B dm r a Dent City Council Meeting Date August 19, 24U3 Category Consent Calendar 1 J =: AGREEMENT'REGARDING DEVELOPMENT AND OPERATION OF GRANDVIEW PARK OFF-LEASH AREA—AUTHORIZE 2. � ' TAU3l �I: As recommended by the Operations Committee, gur&&iZe,4WMaw w 40- `joint agreement to develop Grandview Off Leash Dog Ps*and amend ft,Off'Leash Park Budget. Since January of 20019 eight south King County cities and Ding County have participated on a Task Force to develop a regional dog off'leash park in south King County. As a result of public input in April of 2002, Grandview Park was identified as the site to be developed. All,eight cities and Dung Comity will contribute development funds on the basis of a . Kent will act 0 ft fiscal agent to tcpllect and disperse monies for the ' initW f ilityimprovemon L,The City of SaaTac is the owner of Grandview Park. A noulmofit organization;"fie Our Dog Area(SODA)will operate and maintain the 3. ]SAW=: Joint,agreeumt w. 4. 121 lY�: tafl noOperation Committee (Co , Ptifflimmer, Commission, etc) S. .� �e R 1 i' 1ia�L' —aT: NO X YES _ 6. { lil 1 revenue ofk .00 OrRC�t31 ' kl ° fated funds from Ding City. Auburn, Burien. Ijs_Moil,ftdad aYI.IM& .,Tukwila lm 7. QM 021MCM A03MI a, z touncibpowber moves,Cotmcihnember seconds DISCUSS1� „ 1" ACTION: . Council Agenda Item No. 6J PP ;� i AGREEMENT REGARDING DEVELOPMENT AND OPERATION OF A GRANDVIEW PARK OFF-LEASH DOG AREA THIS AGREEMENT is made and entered into, effective as of the date of the last signature affixed to any counter part hereof, by and between the following Washington municipal corporations: City of Auburn ("Auburn"), City of Burien (`Buried'), City of Des Moines ("Des Moines"), City of Federal Way ("Federal Way"), City of Kent ("Kent"), City of Renton ("Renton'), City of Tukwila ("Tukwila"), City of SeaTac ("SeaTac"), collectively referred to herein as the "Cities", and King County (the "County"). The Cities and County may also be referred to herein individually as a "Party" or collectively as the"Parties". 1. PURPOSE. The Parties have participated as members of an Off-Leash Task Force for the purpose of promoting and facilitating the development and operation of a regional off-leash dog area (hereinafter referred to as the "OLA") for public use in South King County at Grandview Park within SeaTac. The purpose of this Agreement is to provide for the said development and operation of the OLA. 2. CONDITION PRECEDENT. The Parties acknowledge that the County holds the deed to Grandview Park, located within the city limits of SeaTac, subject to a right of reversion to the United States if the property ceases to be used as a public park. The County has closed the Park to public use due to financial difficulties. SeaTac has declined to accept ownership of the Park due to similar financial difficulties. The Park is now subject to the said reversion unless it be reopened to public park uses. Accordingly, notwithstanding any contrary provision of this Agreement, the same shall not become effective or enforceable until the County provides a deed placing ownership of the Grandview Park in SeaTac. The funding and other obligations of this Agreement shall be null and void unless Serve Our Dog Areas (S.O.D.A.), a Washington non-profit corporation enters into an agreement with SeaTac for development and operation of the off-leash dog area at Grandview Park, generally in the form of the July 11, 2003 draft prepared by SeaTac. 3. AUTHORITY. This Agreement is entered into by the Cities and the County pursuant to authority of RCW 39.34.080 which provides that public agencies may contract among themselves for performance of any governmental activity which each is authorized by law to perform, such as public parks and park activities. 4. PROPERTY DESCRIPTION. The Grandview Park, which is coterminous with the off-leash dog area, is legally described in Exhibit A, and is depicted on Exhibit B. attached hereto and'incorporated herein by this reference. 5. TERM OF AGREEMENT. This Agreement shall be effective as of the effective date of the companion Agreement for Development and Operation of an Off-Leash Dog Area at Grandview Park as described at Section 2, above. This Agreement shall then Page 1 continue for the term of twelve (12) months. The Parties hereto shall have the option to renew this Agreement for a second term of five (5) years, or such other tern as may be identical to the extension or tern of a new Agreement between SeaTac and S.O.D.A. 6. FUNDING. The Parties hereby promise and agree to provide the cash contributions itemized on Exhibit C hereto, which is incorporated herein by this reference. Such funds shall be paid by the Parties to Kent which shall be the Parties' fiscal agent pursuant to Section 9,below. 7. LIABILITY. The Parties expressly provide that no liability shall attach to any party by reason of entering into this Agreement, except as expressly provided herein, and that the benefits and responsibilities provided by this Agreement shall not establish any special relationship or third-party benefit to any person or entity not a Party to this Agreement. 8. INDEMNIFICATION. Each party agrees to be responsible for any and all claims, damages, or other liabilities including costs of defense and attorneys' fees arising out of the acts or omissions of its officers, employees, volunteers, and/or agents in the performance of the obligations of each party under this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement. 9. FISCAL AGENT. Kent shall be responsible for accepting, retaining. and disbursing all of the Parties' funds contributed pursuant to this Agreement. In disbursing funds to S.O.D.A., or directly to vendors and material suppliers, Kent shall coordinate with SeaTac as to the propriety of such disbursements pursuant to the Agreement between SeaTac and S.O.D.A. and actual improvements contracted or constructed at Grandview Park. 10. SUPERVISION OF OPERATIONS. SeaTac shall enter into an Agreement with S.O.D.A. for development, operation, and maintenance of the off-leash dog area at Grandview Park. SeaTac shall also be responsible for oversight and supervision of all development, operations, and maintenance performed by S.O.D.A. pursuant to the said Agreement and shall, upon request of any Party hereto, provide written information as to any and all such activities. 11. MAINTENANCE OBLIGATION. The Cities hereby agree to each provide a maximum of sixteen (16) hours of personnel time and sixteen (16) hours of equipment and tool use for the purpose of necessary maintenance beyond the capabilities of S.O.D.A., or for mutually agreed capital construction projects and/or special maintenance or restoration projects. Personnel time may include paid staff and/or volunteer time. All City staff and volunteers who operate power equipment pursuant to this Section shall be trained and certified in the safe operation of such equipment. Is Page 2 so ro . 12. DESIGNATED REPRSENTATIVES. Each Party shall initially be represented by their respective Directors of Parks and Recreation, or equivalent, for the purpose of mutually discussing and resolving all matters arising pursuant to this Agreement or development, operation, and maintenance of the OLA. Any unresolved disagreements in regard to interpretation or effect of this Agreement or in regard to development, operation, and maintenance of the OLA shall be submitted to the jurisdiction of the King County Superior Court at Kent, Washington. The Parties may, from time to time, appoint or reappoint representatives, by written notice to all other Parties. 13. AUDITS AND INSPECTIONS. Any and all records and documents with respect to matters governed by this Agreement shalt be subject, at all times, to inspection, review or audit by any Party to this Agreement. IN WITNESS WHEREOF THE Parties hereto have executed this Agreement on the dates indicated below. CITY OF AUBURN CITY OF KENT By: By: Mayor Mayor Date: Date: Approved as to Form: Approved as to Form: City Attorney CityAttome y CITY OF BURIEN CITY OF RENTON By: By: City Manager Mayor Date: Date: Approved as to Form: Approved as to Form: City Attorney City Attorney Page 3 CITY OF DES MOINES CITY OF SEATAC By: By: City Manager City Manager Date: Date: Approved as to Form: Approved as to Form: City Attorney City Attorney CITY OF FEDERAL WAY KING COUNTY By: By: City Manager Title: Date: Date: Approved as to Form: Approved as to Form. City Attorney Deputy Prosecuting Attorney CITY OF TUKWILA By: Mayor Date: Approved as to Form: City Attorney Page 4 Legal Description: EXHIBIT A A parcel of land in the NW '/ of Section 15, Township 22 North, Range 4 East, Willamette Meridian, King County, Washington, described as follows: Beginning at the northwest corner of the W Y2 of the NE '/, NW '/; thence Easterly in the north line thereof 663.60 feet to the northeast corner of said W Y2; Thence southerly along the east line thereof to the northwest corner of the west 275 feet of the SE '/. NE '/< NW % of said Section 15; thence easterly in the north line thereof 275 feet; thence southerly to the southeast corner of said west 275 feet of the SE % NE '/< NW '/<; thence westerly along the south line thereof to a point which is 879.74 feet east of the southwest corner of the NE Y. NW '/; thence South 400 21' W. 203.85 feet; Thence South 00 57' E. 93.0 feet; thence South 750 00' W. 167.4 feet; thence south 20' 00' E. 32.72 feet; thence South 880 28' W. to the west line of the SE '/. NW '/, of said Section 15; thence southerly along said west line 294 feet; thence westerly 190 feet along the south line of the north 57 feet of the south 758 feet of the SW t/ NW Y,of said Section 15; thence northerly 57 feet in a line parallel with the east line of said SW % NW '/.; thence westerly 20 feet in a line parallel with the north line of said SW '/< NW 1/4 ; thence northerly 171 feet in a line parallel with the east line of said SW '/ NW %; thence westerly 20 feet in a line parallel with the north line of said SW '/ NW '/; thence northerly 171 feet in a line parallel with the east line of said SW '/ NW %; thence westerly 71 feet in a line parallel with the north line of said SW '/ NW '/; thence northerly 220 feet to a point in the north line of the SW '/. NW % of said Section 15, 301 feet westerly of the NE corner thereof, thence westerly in said north line 66 feet; thence northwesterly 230 feet, more or less, to the south line of the north 1090 feet of the NW '/< NW % of said Section 15 at a point 373 feet west of the east line of said NW'/, NW %; thence westerly in said south line 15.29 feet; thence northerly to a point in the south line of the north 987 feet of said NW '/, NW '/,, 391.00 feet west of the east line thereof; thence westerly in said south line 44 feet; thence northerly 176.56 feet to a point which is 60 feet south and 433.60 feet west of the intersection of the east line of said NW % NW '/< and the south line of the north 751 feet thereof; thence westerly 63.28 feet in a line parallel with the south line of said North 751 feet of said NW '/ NW'/,; thence northerly to a point in the south line of the north 430 feet of said NW '/ NW '/.,which is 505 feet westerly of the east line of the said NW % NW '/; thence easterly in said south line 13.73 feet; thence northerly to a point in the south line of the north 339 feet of said NW '/ NW %which is 493.56 feet westerly of the east line of the said NW '/ NW '/.; thence westerly in said south line 185 feet; thence northerly to a point in the south line of the north 240 feet of said NW '/+ NW '/ which is 682 feet westerly of the east line of the said NW Y. NW '/; thence westerly in said south line to a point in the center fine of Old Military Road; thence northerly in said center line to a point in the north line of the south 60 feet of said north 240 feet of NW '/ NW Y4; thence easterly in said north line to a point in the west line of the east 113 feet of said NW Y, NW '/; thence southerly in said west line to a point in the said south line of the north 240 feet of said NW% NW '/<; PPBD Contracts 06/23/03 OLA Joint Agreement thence easterly in said south line 113 feet to the east line of said NW 14/ NW '/<; thence northerly 240 feet in said east line to the point of beginning. EXCEPT the following described parcels thereof conveyed to Kent School District No. 415 by the United States of America by Quitclaim Deed dated February 1, 1965 described as: The west 120 feet of the north 648.09 feet of the west '/2 of the NE '/ of the NW '/4 of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington; and The south 60 feet, except the east 113 feet thereof, of that portion of the north 240 feet of the NW '/ of the NW '/ of Section 15, TSP 22 N. R 4 E, W.M., King County, Washington, lying easterly of the center line of the Old Military Road, less roads; and That portion of the south 99 feet of the north 339 feet of the NW '/4 of the NW '/4 of Section 15, TSP 22N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 497.00 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 493.56 feet west of the southeast corner; and That portion of the south 99 feet of the north 438 feet of the NW '/4 of the NW '/,of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 493.56 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 491.27 feet west of the southeast corner; and That portion of the south 1.00 acre of the north 480 feet of the NW '/4 of the NW'/ of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 505.00 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which-is 503.79 feet west of the southeast corner; and That portion of the south 65 feet of the north 545 feet of the NW '/ of the NW'/4 of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 503.79 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 502.12 feet west of the southeast corner; and That portion of the south 103 feet of the north 648 feet of the NW'/ of the NW'/of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 502.12 feet west of the PP&D Contracts 06/23/03 OLA Joint Agreement rn n N northeast corner and running thence southeasterly to the south line thereof at a point which is 499.50 feet west of the southeast corner; and That portion of the south 99 feet of the north 339 feet of the NW t/< of the NW 114 of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as the westerly 185.00 feet of the part lying easterly of a line beginning at a point in the north line thereof which is 682.00 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 678.56 feet west of the southeast corner. TOGETHER WITH all right, title and interest the United States of America may have in the banks, beds and waters of any streams or lakes opposite to or bordering upon said lands, and in any alleys, roads, streets, ways, strips, gores, railroad rights of way and irrigation ditch or canal rights of way crossing, abutting or adjoining said lands and in any means of ingress or egress appurtenant to said lands. TOGETHER WITH the right of joint use of existing roads over a parcel of land described in Quitclaim Deed dated February 1, 1965 from United States of America to Kent School District No. 415. TOGETHER WITH Government-owned improvements located thereon. SUBJECT TO: Reservations in the United States Patent and to Existing easements for public streets, alleys, roads and highways, public utilities, railroads and pipelines. Reservations of roadway easement over that portion of parcel adjoining Old Logging Road contained in Deed dated January 23, 1951, executed by the Midway Corporation, a Washington Corporation, to Edgar Allen, a single man recorded January 26, 1951, under Auditor's Field No. 4103463, records of King County, Washington. Easement for electric transmission line granted by instrument dated January 27, 1955, executed by Midway Corporation, a Washington Corporation to Puget Sound Power and Light Company, a Massachusetts Corporation, recorded January 31, 1955 under Auditor's File No. 4534889 records of King County, Washington. Easement No. DA(s) 45-108-eng-771 dated June 4, 1962 from Department of the Army to the State of Washington, State Highway Commission for a buried drainage pipeline across the access road. All easements, liens, 'reservations, exceptions or interests of record or now existing on the premises above described. PP&D Contracts - 06/23/03 OLA Joint Agreement fll! 1i•© \� d9shNF p.lnc� I owl, )eoTWO tt 1 ----vok Jo'ly Cogcr3;7 rjOO)mac Club © acm 10•{`e4hl School a 01 F'c `�`• 1, ,'• ;spr 02 Izl - t: [[3••e +�r.e• �. ': Nt UI 1.1 tt oHA• p _ I 1 0 15 Ac I ®J06K J Jahn Nclt lc3 1 ® © W a • GRANDVIEW PARK ID Kent N'vhlon lI 1 N n7761! Jahn N14 s A, u 4 Ie14 sr � 0 v rMK o-,•,.� s )I 10A, w) ®bb Porker f flora«.<k 71 Z 51 At AS A• cc zr.e70.0 ! S. 226TH ST ' s l� So a0 Rl + J wo l l lc _ - F 7 - - i 0'` r r UI 121 U) fA) rr Y q if i Y 710 t 21 we _ e KENT CORPORATE < o eh A, 7 _ •x-- i _ < Kent nJt _ A• i- rp��_ C lb lic do I 1-. �•• i D_evd Sle word _SARI I71 ! Hl Kent 11,9 v 0 1�� `,• O \ F s 110 AC L48 AC ; `� O "�'• o aaSA[ Z)000n Zed.Ok Co- "o. - :.." ti 0 0 -•;1©)ao: ).k © :V Trnr ,' `•~'' lie •^ Z " toe) _.:r /-� v�,,a � " `�., " m4 n j, c ^ ---- 4 JAko n50n l"+ a' l'+ :J �, "�tn - 'P;'� _•`, n i = Or and t< 7�7v I I7x 0 fM a, _ ' n 1, •\, r 4 At I r1I _A y .a.`r•..! A Z)]At _I• _I 1104 1)6114' — <' A _ ilo l.onal t•� Krnl H. nland5 ; Conslructlon Co _ 9 1 - J cwk 141 A, "o •vV' to x I IS M � © - l'4✓ „ ® ' O rar © r.< � ....r+:! .to ® .a a� m EJ its I <<4 r Q I I 201� EXHIBIT B t s ll NE_ N �s Is DRAWING OF PARK AREA \ No S 'Q 14 \ I AG R ES;- oa EXHIBIT C Off-Leash Area Development Cost Share Agreement Option B: King County portion is 50% $35,697 _ 2 = $17,848 Task Force City Population 2000 Census Cost x ,05 Auburn 40,314 $2,016 Burien 31,881 $1,594 Des Moines 29,267 $1,463 Federal Way 83,259 $4,163 Kent 79,524 $3,976 Renton 50,052 $2,503 SeaTac 25,496 $1,275 Tukwila 17,181 $ 859 Cities 356,974 $17,849 King County $ 17,848 TOTAL $351697 _ a�t ty we e2 Kent City Council Meeting Tate Auust 19. 2003 a Category Consent Calendar l. : A69EF ENT` FOR PUBLIC -DEFENSE SERVICES—AUTHORIZE 2. y STAB: Approval of and authorization for the Mayor to ,eeutp;a new A,greenwat tl►Stewart Beall &MacNichols for public defense services in the amount of$234,oft ?per year, effective September 1, 2003. ',t' �t =fjrt9ar.of Stewart Beall,&ivlacNichols, P.S. currently contracts with the City to provide legal services to indigent defendants in the City of bent. The current dent between the City and.Stewart Beall&MacNichols expires on December 31, M. The city has executed a change order with Stewart Beall &MacNichols to ndgce-ft monthlya06#"cation due for August 2003 from $22,000 to $19,500. The proposed agreement would ektend the term to December 31, 2005, and would also reduce the annual compensation due Stewart Beall&MacNichols from $264,000 to $234,000,or$14,500 per month for the entire term. $30,000 will be saved in 2004 and $12,500 will be saved in 2003. 3. Agreet F .. 'ttee,Staff, x - iussion, ) a. F a 5• * r ' NNEL &C.T: NO YES X 6. +9 uced expo a monthly beaini}ini* 8/1/03 7. C=C IA,TNM'1fI Coubcihivnber L moves,Councilmember seconds DISCUSSION, ACTION-.' Council Agenda ; Item,No. 6K _ � _tea ` - � =�. d a i F . J '�..s1rA.� nuu UU LUUv IUL lv•Lv uu nu.nruuv ...... .-- --- ---- KENT w.e n.HcroN AGREEMENT FOR PUBLIC DEFENSE SERVICES (September 1,2003 through December 31,2005) THIS AGREEMENTis entered into by and between the CITY OF KENT, a Washington municipal corporation, hereinafter referred to as "City," and STEWART BEALL & MacNICNOLS, P.S., a Washington professional services corporation(which may subsequent to the execution of this Agreement convert to a limited liability company), hereinafter referred to as "Attorney." In consideration of the mutual agreements and covenants set forth herein, the parties agree as follows: 1. Scope of Services. The Attorney agrees to provide public defender services for indigent criminal defendants charged with criminal violations of the Kent City Code ("KCC'I, as set forth in this Agreement. All indigent criminal defendants charged with committing a criminal offense under the KCC who qualify for appointed counsel, whether they are screened or appointed by the court,shall be referred to the Attorney. The Attorney shall enter a Notice of Appearance and provide legal representation for each of these defendants from the time of receiving notice or an order of appointment through arraignment, if appropriate,pretrial hearings,trial,sentencing, review hearings, revocation hearings, and appeals, unless and until the Attorney is permitted to withdraw by the court. 2. Number of Attorneys. The Attorney will provide an adequate number of defense counsel to efficiently manage each court calendar in a manner that avoids unnecessary delay in completing the calendar. The Attorney shall ensure that multiple defense counsel are present whenever the court's caseload necessitates the presence of more than one attorney to effectively and efficiently manage the calendar. As a guideline, the Attorney shall endeavor to meet the following levels of representation for court calendars: a. Less than ten (10) assigned defendants at a pretrial or jury call calendar, one (1) attorney shall be present; AGREEMENT FOR PUBLIC DEFENSE SERVICES— 1 (.Septembof 1,200-December31,10as) AUG-US-ZUUd IUt lU:ed H11 KIKALHNV MNIUIML UUUISI rHA nU, 46o oua ioco u, b. Ten (10)to twenty-five(25) assigned defendants at a pretrial or jury call calendar, two (2) attorneys shall be present; and C. Twenty-five (25) assigned defendants or more at a pretrial or jury call calendar, three (3) attorneys shall be present. Sufficient counsel shall be provided to represent defendants during the vacation and illness of attorneys and calendars that occur simultaneously in more than one courtroom. 3. Defendant's Access to Attorney. The Attorney shall be available to clients represented by the Attorney to ensure that clients are provided with the assistance of their attorney as required by state and federal law. The parties agree that client access to the Attorney prior to appearance in court is paramount. Criminal defendants represented by the Attorney shall be provided access to the Attorney by means of a toll-free local call from a Kent telephone number made available by the Attorney. The Attorney currently maintains offices at 655 W. Smith Street,Suite 210, Kent,Washington,and will, at all times during the tear of this Agreement, maintain an office at such location or in South King County at such a location as to facilitate client access for purposes of providing the services required herein. The Attorney shall meet with all in-custody clients at the Kent Corrections Facility ("KCF') within 48 hours of notification of appointment, excluding weekends and holidays. The Attorney will appear at the KCF to consult with clients as necessary. In addition to reg ularly scheduled court hearings held at the KCF, a representative of theAttorneyshall, at a minimum, appear at the KCF at least two times each week for a minimum of one hour per visit to meet with incarcerated clients and respond to requests submitted by such clients. Clients that are incarcerated in the KCF who wish to call the Attorney may, during predetermined times designated by the Attorney, call the Attorney's toll-free telephone number to either leave a message with the Attorney or to speak with the Attorney. The Attorney shall see all in-custody clients at the King County Regional Justice Center within a reasonable period of time following notice of appointment and further shall see such clients in follow-up meetings as necessary. 4. A2plicant Screening. Determinations of indigency for purposes of eligibility for appointed counsel under this Agreement shall be made by an independent screening process established by the court and by direct appointments from the court. Such appointment shall be in accordance with state law. Should the Attorney determine a AGREEMENT FOR PUBLIC DEFENSE SERVICES - 2 (SaotemGer 1,20M-DiXemberN,2005) nuu uJ c.VVJ IVL L—w uu au. ......... ...... .. -.-... defendant is not eligible for assigned counsel prior to the establishment of the attorney/client relationship, the Attorney shall promptly advise the court to reconsider the eligibility of that defendant. The court's determination of indigency shall be final and binding upon Attorney. 5. 24-Hour Telephone Access. The Attorney shall provide to the City's police department the telephone number or numbers at which the Attorney can be reached twenty- four hours each day for "critical stage" advice to defendants during the course of police investigations and/or arrest. Such telephone numbers shall be serviced by a telephone paging device or other similar monitoring method so that direct contact can be made with an attorney at any time of the day or night, seven days a week. 6. Associated Counsel. Any counsel associated with or employed by the Attorney shall have the authority and qualifications to perform the services called for herein, and the Attorney may employ and/or associate counsel to assist the Attorney at the Attorney's expense. The Attorney and all counsel employed or associated pursuant to this section shall be admitted to the practice of law in the state of Washington and be in good standing as such, pursuant to the rules of the Supreme Court of the State of Washington. The Attorney shall be responsible for performance of this Agreement, notwithstanding that other counsel may be employed or associated by the Attorney to perform services hereunder. The Attorney shall actively supervise associated and employed counsel throughout the term of this Agreement,and any renewals hereof, to ensure that all cases are promptly and effectively handled from the time of appointment until conclusion of the Attorney's representation of the client. The Attorney shall notify the City of any proposed association or employment of counsel for purposes of performing the services called for herein, and shall include in such notification information regarding the background, education, training, experience, and qualifications of such counsel and any additional training and supervision that is proposed to be provided to such associated or employed counsel for purposes of performing the services called for herein. The Attorney shall be responsible for providing all such training and/or supervision at the Attorney's sole cost and expense. AGREEMENT FOR PUBLIC DEFENSE SERVICES - 3 (Srp(emher 1,1003-Da amber 31,2005) fiuu-US-LUUJ Wt IU-L7 lilt A1RALr1111) 11UI11U1rnL wuni i un nv. .� No legal intern shall perform the services called for herein without the prior approval of the City. 7. Term of this Agreement. This Agreement shall commence on the 151 day of September, 2003, and shall be in force and effect through December 31, 2005, unless terminated earlier pursuant to the provisions hereof. At the commencement of this Agreement,all other agreements between the parties shall be superceded and shall be null and void. 8. Proof of Professional Liability Insurance. The Attorney shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Attorney, its agents, representatives, and employees. Before beginning work on the project described in this Agreement,the Attorney shall provide a Certificate of Insurance evidencing: 1. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: completed operations;employer's liability;and coverage for hired and non-owned motor vehicles; and 2. Professional Liabilixil insurance with limits no less than $1,000,000 limit per occurrence. 3. Automobile Liability insurance with limits no less than required bylaw. In the event that the Attorney does not provide automobile insurance to its individual employees, the Attorney shall ensure that each of its employees carries automobile insurance in the above amounts at all times during the term of this Agreement. Any paymentof deductible or self-insured retention shall be the sole responsibility of the Attorney. All required policies shall be provided on an "occurrence"basis except professional liability insurance (if required), which shall be provided on a "claimsmade"basis. AGREEMENT FOR PUBLIC DEFENSE SERVICES - 4 (5,;ptcmbel 1,2003-December 31,2005) MUU'-UO-LUUJ IUL AU-LV 1111 1\i111%L1111V uunivu ur vvv... . .... ..... --- --- ---- The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Attorney and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insura_ncg, 'The City reserves the right to receive a certified copy of all the required insurance policies. The Attorney's Commercial General Liability 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. The Attorney's insurance shall be primary insurance as respects the City andthe City shall be given thirty(30)days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 9. Indemnification. The Attorney shall indemnify, defend, and hold the City, its elected officials, officers, and employees harmless from any and all claims whatsoever arising out of the performance of the Attorney's obligations pursuant to this Agreement, including but not limited to claims arising out of the errors and omissions of the Attorney relating to the representation or lack of representation of clients, and/or by reason of accident, injury, or death caused to any persons or property of any kind occurring during the perfor mance or lack thereof of the work required by this Agreement, or traveling to or from any place to perform the work required by this Agreement, except to the extent they are caused by the negligence of the City. The failure of the Attorney to carry insurance in a quantity sufficient to defend a claim or lawsuit or cover any judgment that results shall not operate to limit its indemnification or defense of the City. This indemnification section shall survive the expiration or termination of this Agreement. 10. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement, the Attorney, or any person acting on behalf of such, shall not, by reason of race, religion, color, sex, national origin,or the presence of any sensory, mental, AGREEMENT FOR PUBLIC DEFENSE SERVICES - 5 (Scpren)ber 1,2003—Arember3l,200S) HUU—U0-9fUUJ IUC IU-JU rill AIAALMW I1UIl1V11nL VVVn1 or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Attorney shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 11. Compensation. a. Payment for Services The City shall pay the Attorney for services rendered under this Agreement as follows: The City shall provide to Attorney for services rendered under this Agreement the sum of SEVENTY-EIGHT THOUSAND AND NO/100 DOLLARS ($78,000.00)for the period of September 11 2003, through December 31, 2003, to be paid at the rate of NINETEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($19,500.00) per month, and for the years 2004 and 2005, TWO HUNDRED THIRTY-FOUR THOUSAND AND NO/100 DOLLARS ($234,000.00)per year, to be paid at the rate of NINETEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS($19,500,00) per month. Attorney shall bill the City each month for services rendered herein. In the event this Agreement is terminated pursuant to the provisions set forth in this Agreement, the Attorney's compensation hereunder shall be prorated based upon the number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination. b. Appeals The Attorney shall handle appeals taken by indigent defendants, regardless of whether the Attorney represented said defendant at trial. This service is to be included within the Scope of Services described in Section 1 of this Agreemont and the Compensation provided for h Section il(a) above. C. Miscellaneous Costs, The City agrees to reimburse the Attorney for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes If such costs have not been waived. d. Billing. The Attorney shall bill the City, in care of the City's human services office, on the first day of the month, or the first workday thereafter: AGREEMENT FOR PUBLIC DEFENSE SERVICES-6 (Septcmbcr 1,M03-Oecember31,100S) tiuU uJ Cuull luL lu'Ju fill IILl"%L./lll✓ I1ulliV11lu vvvn, uu .. - -- •--- (i) for the monthly installment set forth in subsection 11(a) above; and (ii) for all costs incurred by the Attorney under subsection 11(c) above for the previous month or months. In addition to the reporting requirements of Section 17 of this Agreement,the Attorney shall submit with the monthly bill, a report that sets forth the number of cases to which the Attorney was appointed. The submission of the report with the monthly bill is a condition of payment under this Agreement. The City shall make payments on or before the 201" day of the month following the month for which services were rendered with thefirst payment due February 20, 2003;provided,that any billing not received by the City's human services office on or before the fourth working day of the month shall not be due and payable until the City's next billing period. 12. Discovery Provided. The City shall provide Attorney one (1) copy of all discoverable material concerning each assigned case. 13. No Assignments or Subcontracts. No assignment or transfer of this Agreement nor of any interest in this Agreement shall be made by either of the parties, without prior written consent, except that Attorney may assign this Agreement to another entity naming N. Scott Stewart as a partner without the prior written consent of the City. 14. Attomey Conflict. In the event the representation of a defendant hereunder raises a conflict of interest such that the Attorney cannot represent the defendant, said defendant shall be promptly referred to the Kent Municipal Court for further assignment. 15. Termination. a. for Cause. The City or the Attorney may terminate this Agreement immediately In the event the other party breaches the Agreement and such breach is not corrected to the reasonable satisfaction of the injured party in a timely manner after notice of breach has been provided to the other party. Each and every term of this Agreement is material. The failure of any party to comply with any term of this Agreement shall be in breach of this Agreement. AGREEMENT FOR PUBLIC DEFENSE SERVICES - 7 (SeplenOff 1,200J-0ecember 31,2005) AUG-05-2UU3 TUE W:: U AM KIKKLHNU nUN1UlrHL UUUKI rnA 11U. HLD OUP ,ac0 1 , !V b. For Reasons Beyond Control of Parties: Either party may terminate this Agreement without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such parry's reasonable control such as but not limited to acts of nature; war or warlike operations; civil commotion; riot; labor dispute including strike, walkout, or lockout; sabotage; or superior governmental regulation or control. C. Without Cause. Either party for necessary budgetary reasons may terminate this Agreement. Termination shall be provided in writing and shall be effective ninety (90) days from receipt of written termination. 16. Agreement Applicable to All Employees and Volunteers. The terms of this Agreement shall apply to all persons who are employed by, or who volunteer for, the Attorney, including but not limited to attorneys, interns, paralegals, office assistants, secretaries, and investigators. 17. Reports At the end of every quarter during the term of this Agreement, Attorney shall provide the City a full accounting of all cases assigned and all in-court appointments made during that three-month period, segregated for each month. These itemized quarterly reports to the City shall contain the number of cases to which the Attorney was appointed,a breakdown of the number and types of criminal charges to which the Attorney was appointed and a list of cases in which a notice of appeal was filed. Such reports shall be submitted{to the City within ten (10) calendar days from the end of each quarter. The Attorney shall have the option of submitting monthly reports containing the same information in lieu of quarterly reports. 18. Status of Attorney. This Agreement calls for the performance of the services of the Attorney as an independent contractor and Attorney will not be considered an employee of the City for any purpose. The Attorney and/or its subcontractor(s)shall secure at its own expense and be responsible for any and all payment of income tax,social security, state disability insurance compensation, unemployment compensation, worker's compensation,and all other payroll deductions for the Attorney and its officers, agents,and employees and the costs of all business licenses, if any, in connection with the services to be performed hereunder. The Attorney shall be solely responsible for any and all claims or lawsuits filed against the Attorney by personnel employed by the Attorney related to the AGREEMENT FOR PUBLIC DEFENSE SERVICES - 8 (sepremb&r 1,200—December 31,2005) nuv u.J GuuJ IuL lu-Jv .ui /11mv-Ai1v uvn.v•. ..r vvv... . .... ..-. .-- --- ---- - - conditions or terms of employment by the Attorney, and the Attorney shall defend, Indemnify, and hold harmless the City and its employees and officers from any such claims or lawsuits. 19. Case Load Limits. The Attorney shall establish case load limits for attorneys assigned to perform services under this Agreement that ensure effective representation of each and every client. 20. Compliance with Laws. At all times, the Attorney shall comply with all applicable state, federal, and city laws and regulations, and all court rules, evidence rules, and all cannons and rules of professional conduct applicable to attorneys. 21. Additional Services. The Attorney may be requested to perform additional services beyond the original scope of services as defined in section 1 of this Agreement. Such work will be undertaken only upon written authorization of the City based upon an agreed amount of compensation. 22. Notices. All notices and other written documentation shall be sent to the parties at the following addresses unless otherwise requested in writing: City of Kent: Attorney: Mayor N. Scott Stewart City of Kent Stewart, Beall, and MacNichols, P.S. 220 Fourth Ave. S. 655 W. Smith Street, Suite 210 Kent, WA 98032 Kent, WA 98032 23. Entire Agreement - Amendments. This instrument contains the entire Agreement between the parties and may not be enlarged, modified, altered, or amended except in writings signed and endorsed by the parties. 24. Duglicate Originals. This Agreement is executed in duplicate originals. CITY OF KENT ATTORNEY Print Name: dim White 41ntN .me. -� Title:__ Mayor Title: W4; A- Dated: i Dated: IMTS AGRFEMENT FOR PUBLIC DEFENSE SERVICES - 9 (Seprenibor!, 2003—December 31,1DDS) 1JUIr—US—CUU3 IUt IU-J1 MIl AlAKU111v uUlIJUII'M wunt t nn 1,v. — ATTEST: Brenda Jacober, City Clerk APPROVED AS TO FORM: Tom Brubaker, City Attorney �\t:nttfit E�,Guni dyaM4?Mt:00JV'u1ARDekn54prarptnt]0D1FniNotiatlon� AGREEMENT FOR PUBLIC DEFENSE SERVICES - 10 (September1, 2003-December 3J,2005) fiLU-US-eUUJ Wt IU-J1 h11 nlnnI-nnu uvniviinL vwn, --- ---- DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Dent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this contract shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific contract to adhere to. An affirmative response is required on all of the following questions for this contract to be valid and binding.If any contractor,subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the contract; The questions are as follows: I. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this contract I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this contract the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the contract I, the prime contractor,will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this contract, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this- day of , 2003. By:, For: S �. u t a- yk11 &k liLle: Date: -6 1 c�3 AGREEMENT FOR PUBLIC DEFENSE SERVICES- EEO DOCUMENTS (Slry)lembei 1,AW—DeCOMbev 31,100S) AUG-Ub-21.1U3 Wh lU:dl tin K1N&LHNU r1UN1U1rHl. UUM rnA tvu. 460 oua LOGO ., CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POl ICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to$10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2.. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal,state and local laws, policies and guidelines. AGREEMENT FOR PUBLIC DEFENSE SERVICES—EEO DOCUMENTS (S proliiber 1,2003—Dect mbw 3l,2005) -t.. Kept City Council Meeting ' ; August 19. 2003 Category Consent Calendar VAL'LEy-N[EDICAL CENTER OCCUPATIONAL HEALTH SERVICE ADDENDUM AND EXTENSION TO CONTRACT FOR SERVICES—AMORIZE 2, Mae% As recommandedby the Public Safety Committee, Ma 141 'A Addendum F our and Extension to Contract for Services r � 1ty MedicalCleotevOccapational Health Services (OHS}. = dwm extends the contract from August 12 2003 through December 31,2003 aUw*-m staff sufficient time,to finalize conbactinegotiations with the newly selected Cortiorii facility Medical Services provider. OILS provides certain required medical 4es_to the inmates of CKCP..There are no fee increases associated with this ��tension. 3.._ Cyl " dendurnotr=acl Extension to Contract for Services , e Schedule" ,y 4. ., 1lEtDL1P :l ' ; c Safety CoiW 8/12/03 .�k�yiA ' rF, etc.)1 NN +' . aT: NO X YES £ J. e��+x¢i �Far 6. F 7.' lt"�.Atltils moves,Councilmember seconds 77 y s; ACTION: Council Agenda % Item No. 6L s POLICE DEPARTMENT Ed Crawford, Chief of Police Phone:253-856-5888 Fax- 253-856-6802 K EN T W A s H I e a r o M Address, 220 Fourth Avenue S Kent,WA 98032-5895 DATE: August 19, 2003 TO: Kent City Council CATEGORY: Consent Calendar SUBJECT: Kent Police Department's Corrections Facility (CKCF)requests approval of a five-month extension to contract for services with Valley Medical Center Occupational Health Services (OHS). MOTION: I move to recommend that Council authorize the Mayor to sign Addendum Four and Extension to Contract for Services with Valley Medical Center Occupational Health Services (OHS). SUMMARY: CKCF requests approval of"Addendum Four and Extension to Contract for Services" with OHS from August 1, 2003 through December 31, 2003. OHS provides certain required medical services to the inmates of CKCF. There are no fee increases associated with this contract extension. EXHIBITS: Copy of OHS "Addendum Four and Extension to Contract for Services" Copy of OHS "Exhibit A, Fee Schedule" BUDGET IMPACT: None. RECOMMENDED BY: Public Safety Committee 8/12/03 Public Safety Committee Subject:Extension of OHS Contract from 8/01/03 through 12/31/03 Date: August 12,2003 ADDENDUM FOUR AND EXTENSION TO CONTRACT FOR SERVICES THIS ADDENDUM FOUR AND EXTENSION TO CONTRACT FOR SERVICES,entered into as of this day of 2003, by the city of Kent, a Washington municipal corporation (hereinafter "city"), and the Public Hospital District No. 1 of King County,a Washington municipal corporation d/b/a Valley Medical Center Occupational Health Services, (hereinafter"Contractor"). WITNESSETH WHEREAS, the city is required to provide certain medical services to the inmates of the Kent Correctional Facility; and WHEREAS,the city desires to engage the Contractor to render said medical services to the inmates of the Kent Correctional Facility for an additional period; NOW THEREFORE, the parties do mutually agree as follows: I. The Contract for Services,entered into between the parties on or about December 13, 1999, which was extended by previous addendums until July 31, 2003, shall be extended for an additional five-month term, commencing August 1, 2003, and ending December 31, 2003. 2. Contractor shall not increase the fee schedule for the period of this extension,and if the services of Contractor are requested for additional quarters of the year 2003,no increases in the fee schedule shall occur. 3. The remainder of the original Contract for Services and the subsequent Addendums One and Two shall remain in full force and effect,except to the extent that the terms of said Contract for Services conflicts with this Addendum Four and Extension. IN WITNESS WHEREOF, the parties hereto have caused this Addendum Four and Extension to be executed the day and year first above written. CITY: CONTRACTOR: City of Kent Public Hospital District No. 1 of King County d/b/a Valley Medical Center Occupati al H lth Services By: By: Print Name: Jim White Print Name: o+ Gwfow-- Its: Mayor Its: Un"L ADDENDUM FOUR AND EXTENSION TO CONTRACT FOR SERVICES - I of 2 City of KenWMC-OHS-7/1/03 Clj)m mmuandSmnV\1MMdaldacal SmmV%TMpwy lnt~FilmOK2ADOWUP21MHWIhSM-AddcndomFa AK By: Q l��a Print Name: Ed Crawford Its: Chief of Police ATTEST: ATTEST: By: By: Brenda Jacober, City Clerk Print Name and Title: APPRO A F By Arthur"P itzpatrick Deputy City Attorney for the City of Kent P Cmt1FLLES10pmFla1M/6OxupWmHdthSvu-Addc'dumFoutAoc ADDENDUM FOUR AND EXTENSION TO CONTRACT FOR SERVICES-2 of 2 City of KenWMC-OHS-7/1/03 Mocumew W Semn&%\JNMJk6L=a SettmplTempmmry Imenm FikoNOLUAW ttWimMul"v -Adds dumFa ,dw EXHIBIT A FEE SCHEDULE BASIC PROGRAM COMPONENTS FEE Clinical Staff and Services Registered Nurse&Physician Assistant January 1,2002-December 31,2002 Malpractice Insurance 5277358 Trained clinicians for back-up/coverage Medical Director Oversight On-site services 84 hours/week(including a minimum of 20 hours/week of sick call) - Injury and illness treatment services 14-day Health Appraisal Exam services(see lab fees below) Administration of vaccinations&TB tests Basic dennl services,i.e.tooth blocking&pain relief Triage System Medication Administration 24 hour Telephone Consultation Services Included in annual rate Access to clinical staff 24 bours/day, 7 days/week, Telephone Consultation Guidelines Policies/Procedures&Clinical Guidelines Included in annual rate Opemrioid Policies&Procedures Clinical Protocols,Practice Parameters.&Tnage Guidelines Dental Services Usual and customary rates Appointment Coordination Included in annual rate Ongoing Medical Records N12nagement Included in annual rate Initial Photocopying of Records One time fee at usual and customary rates Insurance Billing I Included in annual rate Program Set-Up,Management &Medical Oversight I Included in annual rate Program Sir-up Recruiting,Hiring,Credentialmg Staff Trau=g Scheduling Medical Records System Operational Maintenance Access to Medical Director and Clinic Director Regular business hours Quarterly Meeting Attendance Ongoing Personnel Management Problem-Solving Identifying Service Gaps Medical Oversight Access to Medical Oversight 24 hours/day,7 days/week Quarterly Meeting Attendance Quality Assurance Quality Improvement Scope of Practice Monitoring Referral Monitoring CONM-NCT FOR SERVICES-November,2001 CITY OF nNT/VbiC-OHS DQ-EBIT A BASIC PROGRAM COMPONENTS(continued) FEE Lab&Health Appraisal Tests Blood Draw S15.00(off-site only) CBC with Differential S12.00 Urine Collection SI5.00(off-site only) Urinalysis S11.00 Throat Culture $26.95 RPR S10.00 Dilantin Level S30.00 Chem Panel-19 S20.00 VDRL S17.00 TB Skin Test S12.00 Culture Specimen.Bacteria S18.00 Gram's Stain, Smear(Stain&Interpremnon) S9.00 Pregnancy Test,Urine S11.00 Chlamydia S13.50 Trichomonas S8.00 All other eeneral medical related tests usual and customary rates ADDITIONAL PROGRAM ELEMENTS FEE Supplies &Medication Stocking No additional charge for inventory monitoring. Actual goods billed at OHS'COSL Delivery of Medication Daily Delivery of Prescription Medication Wondat�Friday) No additional charge Weekend and Emergency Deliveries Arranged at a negotiated rate Occupational and Employee Health Services On-the-Job Injury Triage System No additional charge On-site Employee Health Services To be priced at competitive rates but Flu Shots provided on-site for convenience TB Skin Test Hepanns B.Series of Three Injections (includes vaccine) Hepatitis B,Injection only Hepatitis B Titer Hepatitis B Vaccine-Booster Drug Screen, Collection and Lab Processing Drug Screen, Collection Only Medical Review Officer Services Breath Alcohol Test Breath Alcohol Test-Confirmation OPTIONAL SERVICES FEE Transportation No additional charge for coordination responsibilities Services Not in Jail Health Service Guidelines On-site Physician Services S1501hour X-Ray Usual and customary rates Urgent Care Services(available Monday-Fnday,6.00am-6.00pm, OHS fee schedule(based on the Dept. at OHS Renton,and 6 00am-6:00pm at OHS Aubum) of Labor and Industries fee schedule) Emergency Services at VMC's Emergency Department Usual and customary rates Psychiatric Services Usual and customary rates CONTRACT FOR SERVICES-November,2001 CITY OF TENT/VMC-OHS shy _ Kent City Council Meeting Date August 19. 2043 `a ;>" Category Consent Calendar ' 1• q4 Il APPLICAI N FOR LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM FOR 2003—APPROVE 2. As recommended by the Public Safety Committee, awl the-Dent Police Department-to apply foit the FY 2003 Local Law Enforcement Block Grant(LLEBG), The+may of Xent's allocation for FY2003 is $52,912. The City's required 10%match equals. 5,879.00. The total grant project amount equals $58,791. The grant application deadline is Augud`28,2003. 3. ENDOW: Summary of proposed technology funding from the FY 2003 LLEBG; copy of General Overview on-Regional Automated Information Network(RAIN) project;and copy ofBurgaw of Justice letter dated 7/25/03 4, _ : 3`l'.Yublir,&Je n Can# t# a 8/12/03 (Conitee,Stiff,Txaaiir Commission, etc.) 5, # QNNEL I14�PA,C'I': NO YES X a � a 6. MaLMN WOO, f C"F v -- 7. c t cIL aCT ON: Councilmcmber moves, Councihnember seconds ? DISCUSSION: . - ACTION: y Council Agenda Item No. 6M .a . POLICE DEPARTMENT Ed Crawford, Chief of Police • Phone.253-856-5888 K Er IN T Fax: 253-856-6802 WAS M I N C T O N Address: 220 Fourth Avenue S. Kent,WA 98032-5895 DATE: August 19, 2003 TO: Kent City Council CATEGORY: Consent Calendar SUBJECT: Kent Police Department requests authorization to apply for the Bureau of Justice FY 2003 Local Law Enforcement Block Grant(LLEBG). MOTION: I move to recommend that Council authorize the Kent Police Department to apply for the FY 2003 Local Law Enforcement Block Grant(LLEBG). SUMMARY: The City of Kent's allocation for FY2003 is $52,912. The City's required 10% match equals $5,879.00. The total grant project amount equals $58791. The grant application deadline is August 28, 2003. EXHIBITS: Summary of proposed technology funding from the FY 2003 LLEBG Copy of General Overview on Regional Automated Information Network(RAIN)project Copy of Bureau of Justice letter dated July 25, 2003 BUDGET IMPACT: City match of$5,879.00. RECOMMENDED BY: Public Safety Committee 8/12/03 BACKGROUND: The King County Police Chiefs Association implemented the pilot Regional Automated Information Network (RAIN) in 2002. This pilot project links three agencies' records management information systems. This is a secure records management system allowing officers and detectives access to regional police and criminal records. The RAIN project's goal is to link all 39 municipalities' law enforcement agencies with each other and the King County Sheriffs Office. The project plans to extend participation to other public safety agencies, such as courts and prosecutors offices. LLEBG funding will support the Kent Police Department's set-up and licensing costs to participate in the RAIN project. Public Safety Committee Subject:FY 2003 LLEBG—RAIN project Date:August 12,2003 Local Law Enforcement Block Grant FY2003 City of Kent Technology Improvement Project The Kent Police Department (KPD)plans to apply for the Bureau of Justice FY 2003 Local Law Enforcement Block Grant. The City of Kent's allocation for FY 2003 is $52,912. The City's required 10%match equals 5,879.00. The total grant project amount equals $58,791. The grant application deadline is August 28, 2003. The KPD has designated this funding to the Supporting Law Enforcement -Procuring equipment,technology, and other material directly related to basic law enforcement functions purpose area. This grant will fund bar coding software and interface, GPS Automated Vehicle Locator software and participation in the Regional Automated Information Network (RAIN)project. Bar coding will improve evidence tagging, storage, retention scheduling and destruction efficiencies. This funding will purchase bar coding software interfaced with the new Tiburon Records Management System. Valley Communications plans to install GPS Automated Vehicle Locator software in 2004. AVL software licensing will be acquired for KPD vehicles through this LLEBG funding. The King County Police Chiefs Association implemented the pilot Regional Automated Information Network (RAIN) in 2002. This pilot project links three agencies' records management information systems. This is a secure, records management system allowing officers and detectives access to regional police and criminal records. The RAIN project's goal is to link all 39 municipalities' law enforcement agencies with each other and the King County Sheriffs Office. The project plans to extend participation to other public safety agencies, such as courts and prosecutors offices. LLEBG funding will support the Kent Police Department's set-up and licensing costs to participate in the RAIN project. Kent Police Department FY 2003 Local Law Enforcement Block Grant Grant Matching Total funds funds Project Evidence Bar coding software/interface $35,000 $35,000 Automated Vehicle Locator software licensing 7,912 5,879 13,791 Regional Area Information Network set- up/license 10,000 10,000 $52,912 $5,879 $58,791 RAIN General Overview Cwioeeft q PMm 1yaeeln 7 41 elcome to RAIN Washington State Population The Regional Automated Information Network (RAIN) pilot 1,BOOK is a data sharing initiative of the King County Police Chiefs 1,60OK t Association, hosted by the King County Sheriffs Office. 1,40OK Current participating agencies are the King County Sheriffs Office (Sheriff Dave Reichert), Tukwila Police Department 1,20OK (Chief Keith Haines), and Bellevue Police Department(Major 1,000K Linda Pillo). BOOK i 600K 400K ' A drop of rain is just a group of tiny water molecules, 200K each a uniform pairing of very basic elements. O Although its underlying structure is simple, its OK impact is not C t c W m _a c C E to e u Y � m E Y S s :R Similar to its namesake,the RAIN pilot project is m Y a o o A w also easy to explain although its potential is m C rn } profound. On one level, RAIN is a set of new N technologies, deployed to share information between law enforcement agencies in the With the three participating agencies, RAIN serves approxi- region. On another, RAIN is evidence of a mately 710,000 people,43%of the county's population.This heightened spirit of cooperation and will continue to grow as additional agencies join in the months commitment among all law enforcement. ahead. Eventually we anticipate all 39 municipalities to be contributing to and utilizing RAIN. We are also encouraging iiJIMArN enables agencies to access multiple criminal databases other public safety agencies to participate. Worn a single secure web page. RAIN is not a data warehouse. Rather, it is a querying pathway to the Records Management Systems of participating agencies. With RAIN: ➢ Agencies maintain full control over their information. They decide what is shared and when. ➢ No synchronization is required. Each agency chooses whether they want RAIN to point to their production server(s),or to a data cache they establish and control. ➢ No setup is necessary for users to access RAIN from their laptop or desktop PC. + SherltPs Contract Cities Other Partielostlna Aaencies RAIN enables authorized users to search for event information on specific people and vehicles. They can also choose which King County participating agencies they wish to include in their search. Access to RAIN is governed through an MOU (Memorandum of Understanding)signed by each participating agency. For RAIN to be considered ultimately successful,two specific 6' issues must be adequately addressed; 1) shared data must be RAIN is currently a pilot project linking the King County secure, and 2) the system must be accessible to law Sheriffs Office with Bellevue and Tukwila police departments. enforcement officers, wherever they are. The fast issue is addressed by RAIN. The second, adding wireless capability Although only three agencies are currently participating,many p ty for infield access,is still an open issue. ore have expressed a desire to be added.RAIN's coverage is small! 141011M 000M_ King County is by far the single largest population center in Contact Chief Keith Haines (Governance Committee Chairman) at Washington State. With a total of over 1.6 million,one in four khainesCa ci.tukwila wa us. or Kelly Furrier (Project Manager) at Washington residents live in King County. kelly furnerCaIinetrokc gov if you would like additional information. v.O. Mepartment of Justice ' Office of Justice Programs ! ; ; Office of Communications JUL 25eta * p i Dear tative: pleased to inform you that beginning August 4,2003,the Bureau of Justice 1! I Assi 'stance(BJA),a component of the Department of Justice's Office of Justice Programs,will begin pting applications for the Fiscal Year(FY)2003 Local Law Enforcement Block Grant ' Program r LEBG). At you know, LLEBG provides funds to units of local government to underwrite projects that reduce crime and improve public safety. The LLEBG program emphasizes local decision making and encourages communities to craft their own responses to local crime and drug problems.; The LLEBG application period will open on August 4,2003 and will close 5:00 pm EDT on Augast 28,2003. The application and award process is an online paperless process;the entire transaction is accomplished via the Internet. Applications must be completed and submitted y ' during thi i four-week period on the grant application Web site. Once an award is made, I' applicane are notified via e-mail. We encourage you to make your constituents aware of this A i iaforma 1 n. lp s t i I I year,total funding available for the LLEBG funding cycle is$260 million. Under the LLEB program,all states,the District of Columbia,five territories,and approximately I ' ? 33300 1 units of government in the United States are eligible to apply. For local jurisdictions, only thounhts of local government who appear on the eligibility list are eligible to apply. This list and other additional information regarding the LLEBG program and the online application process can be found on BJA's Web site at:www.oip.usdoi.gov/BJA. I I 1pe this information is helpful. if I may be of furthcr assistance to you in this or any other matter,please contact this office at 2021307-0703. Sincerely, Nancy Segerdahl 'j Director 3'`� '•t Office of Communications ;n -, ir+ " n " _ Kent City Council Meeting Date An ust 19. 2003 }r Category Consent Calendar r J 1 1. gWWC : KENr STAJWN PRELIMINARY PLAT APPEAL FINDINGS AND CONCLUSIONS RESOLUTION—ADOPT 2. S�l►¢. RY STAU Adoption of Resolution No. , approving the Findings of Fact and Conclusions of the Kent City Council, sitting as a quasi-judicial body,which sustained the Dearing Examiner's Findings, Conclusions and Decision issued on January 30, 2003,regarding the Kent Station Preliminary Plat Appeal brought by Don Shaffer in his individual capacity, Don Shaffer as a representative of Kent C.A.R.E..S.,and Don Shaffer as president of Northwest Alliance, Inc. On July 15, 2003, the Councilmeml vx tad unanimously to deny the closed record appeal and instructed that written fading of fact, conclusions of law, and,a decision be drafted for adoption by Council. This resolution adopts such written finding of fact, conclusions of law, and decision,which are attached as Exhibit A to the resolution. 3. yagiplIS_: Resolution and Findings of Fact,Conclusions of Law, and Decision 4. 8&CQDRdKNRLDNY&ity Council (Committee, Staff, Ex*mi ei,Commission, etc.) 5. IiJ I MQ 'EIS EW-A 'o' NN L Ill KT: NO X YES 6. KV.IQ 'SURE H&O 'R: $ SQU C�OF F 'M; 7. CX C©. , CI'_ WOM Councilmembdr - _ moves, Coundhnember seconds v DISCUSSION- ACTION., Council Aged, Item No. 6N RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, adopting findings of fact, conclusions of law,and a decision regarding the quasi-judicial,closed record appeal of the Kent Station preliminary plat file no. SU-2002- 9. WHEREAS,on July 15,2003 the Kent City Council sitting as a quasi-judicial body heard a closed record appeal brought by Don Shaffer in his individual capacity, Don Shaffer as a representative of Kent C.A.R.E.S, and Don Shaffer as president of Northwest Alliance, Inc.; and WHEREAS,the Council voted unanimously to deny the closed record appeal and instructed that written finding of fact, conclusions of law, and a decision be drafted for adoption by Council; and WHEREAS, findings of fact, conclusions of law, and a decision have been drafted in accord with the Council's decision and are attached as Exhibit A to this Resolution; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Adoption. The Kent City Council hereby adopts the attached Exhibit A as its finding of fact,conclusions of law and decision in the closed record appeal 1 Kent Station Preliminary Plat Appeal Findings and Conclusions of Kent Station preliminary plat file No. SU-2002-9. SECTION2. Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular meeting of the city council ofthe City of Kent, Washington this day of August, 2003. CONCURRED in by the mayor of the City of Kent,this day of August,2003. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. ,passed by the city council of the City of Kent, Washington, the day of June, 2003. BRENDA JACOBER,CITY CLERK(SEAL) P\CrvdlResoluttoniKentStationFtndmgsConclusionsDeciswn doc 2 Kent Station Preliminary Plat Appeal Findings and Conclusions EXHIBIT A BEFORE THE CITY COUNCIL OF THE CITY OF KENT IN RE: No. SU-2002-9 THE APPEAL OF THE PRELIMINARY KIV No. RPP3-2023555 PLAT OF KENT STATION MASTER PLAN KENT C.A.R.E.S. c/o DON SHAFFER AND NORTHWEST ALLIANCE, INC., FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION Appellants, V. KENT STATION, LLC, (APPLICANT); AND CITY OF KENT (OWNER), Respondents. INTRODUCTION THIS MATTER came on before the Kent City Council on a quasi-judicial, closed-record appeal brought by Kent C.A.R.E.S., c/o Don Shaffer, Don Shaffer as an individual, and Northwest Alliance, Inc. (collectively "Kent C.A.R.E.S."), on July 15, 2003. The following is a summary of information regarding the subject property, land use applications and the appeal filed by Kent C.A.R.E.S. File No.: Kent Station Master Plan Development ("MPD") No. KIVA RPP 3-2023555 and Preliminary Plat File No. SU-2002-9 Applicant: Kent Station, LLC Property Owner: City of Kent r y EXHIBIT FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION- I Location: The site is bounded by James Street to the North, Fourth Avenue South on the West, First Avenue South on the East, and Tempe ance Street on the South. Proiect Proposal: To develop approximately 18.2 acres into a commercial, residential and public service facilities through a master plan development consisting of a planned unit development ("PUD")and a preliminary and final plat. The plat portion of the MPD is to subdivide approximately 18.2 acres into 20 commercial lots. Application Filed: November 13, 2002 Open Record Hearin Date: January 16, 2003 Hearing Examiner (Open January 30, 2003 Record) Decision Date: Hearing Examiner (Open PUD—APPROVED, with conditions; Record) Decision: Preliminary Plat—APPROVED, with conditions Requests for Reconsideration (by Kent C.A.R.E.S. and Kent Station LLC): February 5, 2003 Hearing Examiner Decision on Kent Station, LLC request—DENIED (February 13, 2003); Requests for Reconsideration: Kent C.A.R.E.S.'s request— DENIED (February 13, 2003) Closed-Record Appeal riled: February 20, 2003 Closed Record Appeal July 15, 2003 Hearin and Decision Date: Closed Record Appeal 1) Motions to Strike New (Supplemental) Evidence by Kent Decision: C.A.R.E.S. — GRANTED; 2) Motion by the City of Kent to supplement the record with new evidence -- GRANTED; 2) Closed Record Appeal by Kent C.A.R.E.S. —DENIED; 3) Hearing Examiner's January 30 and February 13, 2003 Decisions-AFFIRMED. Argument Presented Bv: For Property Owner and Respondent City of Kent: Ms. Kim Adams Pratt, Assistant City Attorney FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION -2 For Applicant and Respondent Kent Station, LLC: Mr. Donald E. Marcy, Caimcross & Hemppleman Attorney for Kent Station, LLC For Appellant Kent C.A.R.E.S, Don Shaffer, and Northwest Alliance Inc.: Mr. Don Shaffer Appeal Exhibits: Considered by the City Council: 1) Hearing Examiner's Decision of January 30, 2003, including Exhibits 1-8 and attachments to each Exhibit; 2) Kent C.A.R.E.S.'s "Request for Reconsideration" (February 5, 2003); 3) Hearing Examiner's "Denial of Requests for Reconsideration" (February 13, 2003); 4) Kent C.A.R.E.S.'s "Notice of Appeal Before Kent City Council,"dated February 19, 2003 (filed on February 20, 2003), including Exhibits A-D and attachments to those Exhibits; 5) Kent C.A.R.E.S.'s "Order for Transcript" and attachments thereto (February 20, 2003); 6) "Verbatim Minutes" of the Hearing Examiner hearing held on January 16, 2003 (56 pages); 7) Resolution No. 896 (June 16, 1980); 8) "Statement of Hearing Officer" dated April 2, 2003; 9) May 20, 2003 letter from Michael C. Walter to Kent C.A.R.E.S., c/o Don Shaffer; 10) City of Kent "Notice of a Closed-Record Appeal Hearing" dated June 6, 2003; 11) June 13, 2003 letter from Kim Adams Pratt, Assistant City Attorney, to Michael C. Walter re: City's Motion to Supplement and supplemental evidence, and objection to Kent C.A.R.E.S.'s supplemental evidence, and attachments thereto; 12) June 13, 2003 letter from Donald E. Marcy, Attorney for Kent Station, LLC, to Michael C. Walter, objecting to Kent C.A.R.E.S.'s supplemental evidence; 13) June 16, 2003 letter from Don Shaffer to Kent Station, LLC, and City of Kent; 14) June 13, 2003 letter from Don Shaffer to Michael C. Walter with 3 pages of attachments; 15) June 16, 2003 letter from Kim Adams Pratt, Assistant City Attorney, to Michael C. Walter, responding to Don Shaffer's June 16, 2003 letter, and 4 pages of attachments; FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-3 16) June 12, 2003 Memorandum from Tom Brubaker, City Attorney, to Kent City Councilmembers (and others); 17) June 13, 2003 letter from Terri Hansen, Legal Assistant to Michael Walter, to Kent C.A.R.E.S. and Kent Station, LLC (attaching June 12, 2003 Memorandum from Tom Brubaker to City Councilmembers); 18) June 16, 2003 letter from Michael C. Walter to Kent C.A.R E.S., with copies to Kent Station, LLC and others, attaching Donald Marcy's June 13, 2003 letter; 19) June 17, 2003 letter from Michael C. Walter to Kent C.A.R.E.S., Kent Station, LLC, and City of Kent, re: possible continuance of closed record appeal hearing; 20) June 17, 2003 letter from Don Shaffer to Michael C. Walter re: response to City's Memorandum (3 pages); 21) June 20, 2003 letter from Michael C. Walter to Kent C.A.R.E.S., Kent Station, LLC, and City of Kent re: continuance of the closed record appeal hearing (and 7 pages of attachments); 22) July 14, 2003 letter from Michael C. Walter to Kent C.A.R.E.S., Kent Station, LLC, and City of Kent re: time allotment for appeal argument. Offered but not considered by the City Council: 1) May 31, 2003 letter(2 pages) from Don Shaffer to Michael C. Walter re: proposed evidenced to supplement record, and Exhibits A-C, and attachments thereto. FINDINGS OF FACT 1. On February 20, 2003, Mr. Don Shaffer, as an individual, as President of Northwest Alliance, Inc., and as a representative of Kent C A.R.E.S., timely filed with the City a Notice of Appeal to the Kent City Council of planned unit development (PUD) and preliminary plat decisions by the City's Hearing Examiner of the Kent Station Master Plan. Kent C.A.R.E.S. is a citizen action organization based in the City of Kent. 2-20-03 "Notice of Appeal before Kent City Council". 2. Kent C.A.R.E.S.'s appeal challenged, on various grounds, two decisions of the City's Hearing Examiner, both dated January 30, 2003. The first was the Hearing Examiner's approval of the preliminary plat, with conditions, which approved a 20-lot division of approximately 18.2 acres of the subject property. The second challenged decision was approval of the PUD, with conditions, which authorized a mixed-use development on the subject property, including retail, office, community college satellite, cinema, grocery store, restaurants, multi-family residential, open space and surface parking. "Notice of Appeal before Kent City Council" (February 20, 2003). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-4 3. Kent C.A.R.E.S.'s Notice of Appeal was timely filed and perfected, pursuant to Resolution No. 896 (June 16, 1980), Kent City Code ("KCC") 12.01.040 and 12.01.095. 4. On May 1, 2003, the Kent City Clerk sent correspondence to Don Shaffer informing him that the closed record appeal of the Kent Station Preliminary Plat had been scheduled for June 3, 2003, at the Kent City Council meeting. May 1, 2003 Notice. 5. On May 20, 2003, Michael C. Walter, a legal advisor to the City Council, advised all parties to the appeal (Kent C.A.R.E.S., Kent Station, LLC, and The City of Kent) of the new date for the closed-record appeal hearing and the procedures and time limits applicable to the appeal hearing. This letter-notice advised the parties that the appeal hearing had been rescheduled for June 17, 2003, at 7:00 p.m., that the appeal hearing was limited to the existing record before the hearing examiner, that no new evidence could be presented unless the evidence was limited to information that could not have been placed on the record previously, that only "argument" of the parties' representatives would be permitted, that each side would have 30 minutes to present oral argument, that Kent C.A.R.E.S.'s supplemental evidence, if any, was due to the City Clerk's office no later than June 4, 2003 at 4:30 p.m., and that any supplemental evidence by Kent Station, LLC, or the City of Kent, was due delivered to the City Clerk's office no later than June 13, 2003 at 4:30 p.m. May 20, 2003 letter from Michael C. Walter to Kent C.A.R E.S. 6. On June 6, 2003, the Kent City Clerk issued to all parties a "Notice of a Closed-Record Appeal Hearing" for Kent C.A.R.E.S.'s appeal. The Notice set the closed-record appeal hearing for Tuesday, June 17, 2003, at 7:00 p.m. Notice of a Closed-Record Appeal Hearing (June 6, 2003). 7. On June 4, 2003, Kent C.A.R.E.S., through its representative Don Shaffer, timely submitted to the Kent City Clerk Kent C.A.R.E.S.'s proposed evidence to supplement the record. The supplemental evidence was attached to a May 31, 2003 two-page letter from Mr. Shaffer as Exhibits A, B and C. Exhibit A is a compilation of information from the Department of Ecology's Hazardous Materials Sites List, published by the State of Washington bi-annually in February and in August. Exhibit B is a page of text and a site map from the City's Phase II Environmental Site Assessment Report for property south of the Borden property, dated July of 2001. Exhibit C are 12 pages of excerpts from the final supplemental Environmental Impact Statement for the City's Downtown Strategic Action Plan, dated April 7, 1998. May 31, 2003 "Proposed Evidence to Supplement Record". 8. The supplemental evidence submitted by Kent C.A.R.E.S. is not "new information" which could not have been placed in the record as of the January 16, 2003 Hearing Examiner hearing. The Council finds that all of the purportedly new information submitted by Kent C.A.R.E.S. was either created or generated prior to the January 16, 2003 Hearing Examiner hearing, or was available and could have been put into the record as of January 16, 2003. Exhibit A of Kent C.A.R.E.S.'s supplemental evidence is a document published by the State of Washington Department of Ecology bi-annually in February and in August. The information contained on the DOE website was available in January when the Hearing Examiner held the open-record hearing in this matter. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-5 Furthermore, this evidence, Exhibit A, is not relevant to any of the criteria for which a subdivision is to be evaluated. The Council also finds that Exhibit A is not relevant because the ranking for the Borden Chemical Plant site remains unchanged from the August 2002 list to the February 2003 list submitted by Kent C.A.R.E.S. as part of its supplemental evidence. Id.; June 13, 2003 letter from Kim Adams Pratt to Michael C. Walter;June 13, 2003 letter from Donald E. Marcy to Michael C Walter. 9. Exhibit B of Kent C.A.R.E.S.'s supplemental evidence is information or documents which were contained in the City's Phase II Environmental Site Assessment Report dated July, 2001. The City Council finds that all of this information, Exhibit B, is not "new" nor is it evidence which could not have been placed on the record before the Hearing Examiner at or as of January 16, 2003 open record hearing. Id. 10. Exhibit C of Kent C.A.R.E.S.'s supplemental evidence, comprised of portions of the Final Supplemental Environmental Impact Statement for the City's Downtown Strategic Action Plan, dated April 7, 1998, was available to be submitted at or prior to the January 16, 2003 Hearing Examiner open record hearing. This evidence is neither "new" nor was it unavailable to be placed in the record as of January 16, 2003. Id. 11. On June I3, 2003, the City of Kent, through Assistant City Attorney Kim Adams Pratt, submitted the City's supplemental evidence for the closed-record appeal hearing. The City Council finds that this supplemental evidence was timely submitted to both the City Clerk's Office and Kent Station, LLC, and Kent C.A.R.E.S. June 13, 2003 letter from Kim Adams Pratt to Michael C. Walter. 12. The two documents being submitted by the City of Kent as part of its supplemental evidence—a March 12, 2003 letter from URS Corporation to DOE, and a March 18, 2003 letter from DOE to URS Corporation — constitute new information which could not have been placed on the record as part of the hearing examiner open-record hearing on January 16, 2003. Both documents and attachments were generated after the January 16, 2003 hearing and, therefore, constitute new information that could not have been placed on the record previously. Id. 13. The City Council finds that Kent C.A.R.E.S. received timely and actual notice of the written objections by the City of Kent and Kent Station, LLC, to Kent C.A.R.E.S.'s proposed supplemental evidence. The City Council finds that the City of Kent timely and properly served — or attempted good service — on Mr. Shaffer at his residence and the designated place of business for Kent C.A.R.E.S., 2070 — 78`h Street North, Seattle, WA 98103, on June 13, 2003 at approximately 3:58 p.m Id.; June 16, 2003 letter from Kim Adams Pratt to Michael C. Walter. 14. As a result of Kent C.A.R.E.S.'s objection to the timeliness of service of documents submitted by the City and Kent Station, LLC, and to avoid any prejudice to Kent C.A.R.E.S., the City Council, on June 17, 2003, made a motion, which was approved unanimously, to continue Kent C.A.R.E.S.'s closed-record appeal hearing to July 15, 2003. All parties to the appeal were advised, prior to the June 17, 2003 City Council meeting, of the possibility of a continuance of the hearing to avoid prejudice to Kent FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION- 6 C.A.R.E.S. Id.; June 17, 2003letter from Don Shaffer to Michael C. Walter; June 17, 2003 letter from Michael C. Walter to all parties. 15. All parties to the appeal were timely and properly advised of the new closed-record appeal hearing date, July 15, 2003, on or about June 20, 2003. All parties to the appeal were also advised both at the June 17, 2003 Council meeting and again on June 20, 2003 by letter, of a potential conflict of interest by the Kent City Council in adjudicating Kent C.A.R.E.S.'s appeal and that the "rule of necessity" as codified at RCW 42.36.090 permitted all City Councilmembers to fully participate and vote in the closed-record appeal proceeding. Id.; June 17, 2003 regular City Council Meeting. 16. On June 13, 2003, the parties to appeal were provided with a copy of a June 12, 2003 Memorandum from Kent City Attorney Tom Brubaker to the Kent City Councilmembers, advising them of the closed-record appeal by Kent C.A.R.E.S., and suggesting a framework to conduct the appeal hearing. June 12, 2003 letter from Tom Brubaker to City Councilmembers;June 13, 2003 letterfrom Terri Hansen to all parties. 17. Due to objections raised by Kent C.A.R.E S. (June 17, 2003 letter from Don Shaffer to Michael C. Walter), the parties to the appeal were advised that each side to the appeal would have a total of 30 minutes per side to present their argument at the closed-record appeal hearing on July 15, 2003. The parties were advised that Kent C.A.R.E.S. would have a total of 30 minutes for its argument and that Kent Station, LLC, and the City of Kent together would share a total of 30 minutes for their argument. Kent Station, LLC, and the City of Kent agreed to share 30 minutes — despite language in §6 of Resolution No. 896 that authorizes appellants and opponents to an appeal to each have 30 minutes to present oral argument — in order to avoid any claim of prejudice, unfairness, or inequity to Kent C.A.R.E.S. June 16, 2003 letter from Don Shaffer to Michael C. Walter; June 17, 2003 letter from Don Shaffer to Michael C. Walter;July 14, 2003 letter from Michael C. Walter to all parties. 18. This closed-record, quasi-judicial appeal by Kent C.A.R.E.S. came before the City Council at its regularly scheduled meeting on July 15, 2003, upon proper and timely notice to all parties. The Appellant, Kent C.A.R.E.S., was represented by and through its representative, Don Shaffer. The Respondent (and the Kent Station applicant), Kent Station, LLC, was represented by and through its attorney, Donald E. Marcy of the law firm of Cairncross and Hemplemann, P.S. The Respondent (and property owner) City of Kent, was represented by and through Assistant City Attorney, Kim Adams Pratt. All representatives were given an opportunity to present argument, and all did so. July 15, 2003 closed-record appeal hearing. 19. The City Council has reviewed or is familiar with the record before the Hearing Examiner as part of the Hearing Examiner's January 30, 2003 decision, and finds that the Hearing Examiner committed no error, either procedural or substantive, and that there is no basis for Kent C.A.R.E.S.'s appeal. The City Council expressly finds that the Findings of Fact, Conclusions of Law, and decision by the Hearing Examiner are supported by the record. All findings of fact set forth in the Hearing Examiner's January 30, 2003 "Findings, Conclusions and Decision," and the Hearing Examiner's February FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION- 7 12, 2003 "Denial of Requests for Reconsideration" are incorporated herein by this reference and are made a part of this decision as if fully set forth herein. Hearing Examiner record, generally. 20. At the July 15, 2003 closed-record appeal hearing, Mr. Shaffer presented argument for 30 minutes on Kent C.A.R.E.S.'s appeal. Mr. Shaffer expressed his concerns about the 25 acres of property including the Kent Station project site, he complained that the City Council would not hear his appeal of the PUD decision by the Hearing Examiner, he stated that the appeal had cost him $50,000, he expressed his dissatisfaction with the City Council excluding his supplemental evidence from the record, and he discussed his concerns of possible contaminants in the soil and his concerns of arsenic and benzine on the site. He offered slides and other exhibits. Id. 21. Kim Adams Pratt, on behalf of the City of Kent, argued that the argument presented by Don Shaffer on behalf of Kent C.A.R.E.S. did not pertain to the narrow issue before the City Council, namely the propriety of the Hearing Examiner's decision regarding the preliminary plat approval for the Kent Station project. She argued that all of the comments made by Mr. Shaffer were directed to either the PUD or SEPA decisions, neither of which are properly before the City Council on this closed-record appeal. Ms. Pratt also referenced evidence that the soil on the Kent Station site is not contaminated, that no persons would be using any of the water from the Kent Station site for drinking water, that the supplemental evidence submitted by the City regarding arsenic on the site establishes that there is no public health or safety risk to either construction workers or the public generally. Ms. Pratt also stated that neither the preliminary plat nor the PUD changed the use of the property, and that all of the uses of the Kent Station site were previously authorized. She also argued that Kent C.A.R.E.S. failed to appeal the PUD decision and that it cannot be challenged at this date. Ms. Pratt also responded to Mr. Shaffer's claims that the public was not given notice of various decisions made by the City regarding the Kent Station project, and stated that proper and timely notice was provided to residents north of James Street and in the areas surrounding the subject property, that there was an extensive public process for public participation, and that the public did in fact fully and properly participate in all aspects of the Kent Station project. Id. 22. Mr. Marcy, on behalf of Kent Station, LLC, Joined in with the arguments and the supplemental evidence presented by the City of Kent. Mr. Marcy also noted that Mr. Shaffer failed to address standards (a)-(d) of§7 of Resolution No. 896, and that the City Council should reject any basis for an appeal for any of those standards. Mr. Marcy acknowledged that Mr. Shaffer's argument could be construed as addressing subsection (e) of §7 of Resolution No. 896, relating to insufficient evidence as to the impact on surrounding properties, but that Mr. Shaffer did not present any evidence to support that argument. Mr. Marcy also stated that monitoring is being done on the Kent Station site, that the site will be capped with asphalt and that no contaminants in the soil will be released or will harm either construction workers or the public. He also argued that Mr. Shaffer had not addressed any plat approval criteria as part of the appeal and that, for that additional reason, the appeal should be rejected. Id. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION- 8 23. Mr. Shaffer's argument at the July 15, 2003 appeal hearing did not address, discuss or apply any of the five standards for reversing, remanding or modifying the Hearing Examiner's January 30, 2003 decision, as required by Resolution No. 896, §7. Mr. Shaffer's argument at the July 15, 2003 appeal hearing did not address, discuss or apply §7(a) of Resolution No. 896. The City Council finds that Kent C.A.R.E.S. did not produce any evidence or offer any argument to establish or infer that the Hearing Examiner committed "substantial error" at the June 16, 2003 open-record or as part of the Hearing Examiner's decision-making process, pursuant to Resolution No. 896, §7(a). Id. 24. Mr. Shaffer's argument at the July 15, 2003 appeal hearing did not address, discuss or apply §7(b) of Resolution No. 896. The City Council finds that Kent C.A.R.E.S. did not produce any evidence nor offer any argument to establish or infer that the proceedings were materially affected by irregularities in procedure at the June 16, 2003 open-record hearing before the Hearing Examiner, pursuant to Resolution No. 896, §7(b). Id. 25. Mr. Shaffer's argument at the July 15, 2003 appeal hearing did not address, discuss or apply §7(c) of Resolution No. 896. The City Council finds that Kent C.A.R.E.S. did not produce any evidence nor offer any argument to establish or infer that the January 30, 2003 decision of the Hearing Examiner was unsupported by material and substantial evidence in view of the entire record as submitted, as set forth in Resolution No. 896, §7(c). Id. 26. Mr. Shaffer's argument at the July 15, 2003 appeal hearing did not address, discuss or apply §7(d) of Resolution No. 896. The City Council finds that Kent C.A.R.E.S. did not produce any evidence nor offer any argument to establish or infer that the Hearing Examiner's January 30, 2003 decision is in conflict with the City's comprehensive plan, as set forth in Resolution No. 896, §7(d). Id. 27. Mr. Shaffer's argument at the July 15, 2003 appeal hearing did not address, discuss or apply §7(e) of Resolution No. 896. The City Council finds that Kent C.A.R.E.S. did not produce any evidence nor offer any argument to establish or infer that there was insufficient evidence presented to the Hearing Examiner as of January 16, 2003 as to the impact or impacts on the surrounding area, as set forth in Resolution No. 896, §7(e). Id. 28. The City Council expressly finds that Kent C.A.R.E.S., the Appellant, did not meet its burden of proving any one of the standards set forth in §7 of Resolution No. 896 which would support a decision to reverse, remand or modify the Hearing Examiner's January 30, 2003 decision. Id. CONCLUSIONS OF LAW 1. The Kent City Council has jurisdiction to hear and decide this appeal pursuant to RCW 36.70B, Resolution No. 896, KCC 12.01.190, 12.01.195 and 12.04.695. . 2. This appeal by Kent C.A.R.E.S. was timely filed, served and perfected pursuant to RCW 36.7013, Resolution No. 896, KCC 12.01.190, 12.01.195 and 12.04.695. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-9 3. The City of Kent planning staff is a proper and necessary party to this appeal, per KCC 2.32.170. 4. This is a closed-record, quasi-judicial appeal, authorized by RCW 36.70B, Resolution No. 896, KCC 12.01.190, 12.01.195 and 12.04.695. 5. The Mayor has authority to attend and consider this appeal and to review documents and hear argument, but cannot vote on the appeal except in case of a tie. RCW 35A.12.100. In this appeal, however, the Mayor did not vote or participate in any decision making since the City Council's decision was unanimous. 6. This appeal is limited solely to the issue of whether the Hearing Examiner, in its January 30, 2003 open record decision and in its February 12, 2003 reconsideration decision, committed error sufficient to meet one of the five criteria in Resolution No. 896, §7 regarding only the preliminary plat application and conditions thereto for the Kent Station project, as set forth in the Hearing Examiner's January 30, 2003 decision. 7. There is no basis for any appeal of or challenge to any SEPA threshold determination or other SEPA or environmental decision by the City of Kent, and no such appeal is properly before the City Council. 8. There is no basis for an appeal of or challenge to the PUD approved by the Hearing Examiner on January 30, 2003, and no such appeal is before the City Council. 9. There is no basis for an appeal of or challenge to any comprehensive plan or plan amendment decision by the City of Kent concerning the Kent Station project, and no such appeal is before the City Council. 10. All conclusions of law set forth in the Hearing Examiner's January 30, 2003 "Findings, Conclusions and Decision" and the Hearing Examiner's February 12, 2003 "Denial of Requests for Reconsideration" are incorporated herein by this reference and are hereby made a part of this decision as if fully set forth herein. 11. The Appellant, Kent C.A.R.E.S., and all other parties to this appeal were given timely and proper notice of the appeal hearing date, the appeal hearing rules, and all applicable closed-record appeal procedures. 12. Only the City Council is authorized to hear this closed-record appeal. Because the City of Kent owns the property which is the subject of the Kent Station MPD project, and because the City Council is the decision making body for this closed record appeal and is also the governing body for the City which owns the property, a potential conflict of interest exists. The "rule of necessity," as set forth in RCW 42.36.090, permits all City Council members to fully participate and vote in this quasi-judicial, closed-record appeal. There is no appearance of fairness violation. 13. The supplemental evidence submitted by Kent C.A.R.E.S. with its May 31, 2003 letter and delivered to the City and parties on June 4, 2003 was timely and properly served on all parties. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION- 10 14` The supplemental evidence submitted by Kent C.A.R.E.S. on or about June 4, 2003, consisting of Exhibits A-D (and attachments thereto) do not meet the requirements for supplementing the record pursuant to RCW 36.7013, Resolution No. 896, or KCC 12.01.195. The supplemental evidence submitted by Kent C.A.R.E.S. is not "new" information that could not have been placed on the record previously. All of the information submitted by Kent C.A.R.E.S. was available or could have been placed on the record at the time of the January 16, 2003 Hearing Examiner hearing or prior to the January 30,2003 Hearing Examiner decision. 15. The supplemental evidence submitted by Kent C.A.R.E.S. on or about June 4, 2003 is also not relevant to any of the preliminary plat appeal issues which are the only issues which are the subject of this appeal. The proffered supplemental evidence addresses general policy issues, SEPA issues, PUD issues, and comprehensive plan issues which are not the subject of this appeal. Accordingly, the written objections by the City of Kent dated June 13, 2003 and Kent Station, LLC, dated June 13, 2003 are well-taken. Those parties' requests to strike Kent C.A.R.E.S.'s supplemental evidence from the record is granted. 16. The Motion to Supplement the Record and the supplemental evidence submitted by the City of Kent or about June 13, 2003 was timely and properly served on all parties. 17. The supplemental evidence submitted by the City of Kent or about June 13, 2003, consisting of two letters and attachments thereto, meet the requirements for supplementing the record pursuant to RCW 36.70B, Resolution No. 896, and KCC 12.01.195. The supplemental evidence submitted by the City of Kent is clearly "new" information that could not have been placed on the record previously. All of this supplemental evidence was not available and could not have been placed on the record at the time of the January 16, 2003 hearing or prior to the Hearing Examiner's January 30, 2003 decision. All of this evidence also was not available at or prior to the Hearing Examiner's February 12, 2003 Decision on Reconsideration. 18. The Appellant, Kent C.A.R.E.S., has the burden of proof on this appeal. 19. Resolution No. 896, §7 sets forth five alternative criteria to overturn or reverse a decision by the Hearing Examiner on a closed-record appeal. The City Council can grant the appeal and overturn or reject the Hearing Examiner's decision only if the Appellant Kent C.A.R.E.S. meets its burden of proving one or more of the following criteria: a) There has been substantial error; or b) the proceedings were materially affected by irregularities in procedure; or c) the decision of the Hearing Examiner was unsupported by material and substantial evidence in view of the entire record as submitted; or d) the decision of the Hearing Examiner is in conflict with the City's Comprehensive Plan; or FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION- 1 1 e) there was insufficient evidence presented as to the impact on the surrounding area. Resolution No. 896, §7. 20. Based on the record as a whole, the admitted supplemental evidence by the City of Kent and argument by the parties to this appeal, the City Council concludes that there was no substantial error by the Hearing Examiner in approving the preliminary plat or in the Hearing Examiner's January 30, 2003 or February 12, 2003 decisions. Therefore, the Appellant Kent C.A.R.E.S. has not satisfied its burden of proof to reverse or reject the Hearing Examiner's January 30, 2003 or February 12, 2003 decisions pursuant to §7(a) of Resolution No. 896. 21. Based on the record as a whole, the admitted supplemental evidence by the City of Kent and argument by the parties to this appeal, the City Council concludes that there is no evidence or inference from the evidence that the proceedings before the Hearing Examiner were materially affected by irregularities in procedure. Therefore, Appellant Kent C.A.R.E.S. has not satisfied its burden of proof to reverse the Hearing Examiner's January 30, 2003 or February 12, 2003 decisions pursuant to §7(b) of Resolution No. 896. 22. Based on the record as a whole, the admitted supplemental evidence by the City of Kent and argument by the parties to this appeal, the City Council concludes that the decision by the Hearing Examiner on the Kent Station preliminary plat was clearly supported by material and substantial evidence in view of the entire record as submitted. Therefore, Appellant Kent C.A.R.E.S. has not satisfied its burden of proof in reversing or rejecting the Hearing Examiner's January 30, 2003 or February 12, 2003 decisions pursuant to §7(c) of Resolution No. 896. 23. Based on the record as a whole, the admitted supplemental evidence by the City of Kent and argument by the parties to this appeal, the City Council concludes that the Hearing Examiner's January 30, 2003 and February 12, 2003 decisions are fully consistent with the City's comprehensive plan and current Plan amendments, and these decisions do not conflict with the Plan or any Plan amendments. Therefore, Appellant Kent C.A.R.E.S. has not satisfied its burden of proof in reversing or rejecting the Hearing Examiner's January 30, 2003 or February 12, 2003 decisions pursuant to §7(d) of Resolution No. 896. 24. Based on the record as a whole, the admitted supplemental evidence by the City of Kent and argument by the parties to this appeal, the City Council concludes that there was sufficient evidence presented to the Hearing Examiner regarding the impact of the prelimmary plat decision on surrounding areas, and that such evidence was duly considered by the Hearing Examiner and was taken into account in its January 30, 2003 and February 12, 2003 decisions. Therefore, Appellant Kent C.A.R.E.S. has not satisfied its burden of proof in reversing or rejecting the Hearing Examiner's January 30, 2003 or February 12, 2003 decisions pursuant to §7(e) of Resolution No. 896. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION- 12 25. Based on the record as a whole, the admitted supplemental evidence by the City of Kent and argument by the parties to this appeal, the City Council concludes that Appellant Kent C.A.R.E.S. has not satisfied its burden of proof under Resolution No. 896 and KCC 12.01.195 on this appeal, and that the appeal must be denied. 26. The City Council concludes that the Hearing Examiner did not err in either his January 30, 2003 or his February 12, 2003 decisions, and that the proposal for the Kent Station project as submitted and approved by the Hearing Examiner should be affirmed. BASED UPON THE FOREGOING Findings of Fact and Conclusions of Law, the Kent City Council makes the following; DECISION 1. The June 13, 2003 requests of the City of Kent(Kim Adams Pratt) and Kent Station, LLC (Donald E. Marcy) to strike the supplemental evidence submitted by Kent C.A.R.E.S., are hereby GRANTED. The City Council did not consider Kent C.A.R.E.S.'s supplemental evidence as part of this appeal. 2. Respondent City of Kent's supplemental evidence is hereby ADMITTED. The City Council considered the City of Kent's supplemental evidence as part of this appeal. 3. That portion of Kent C.A.R.E.S.'s appeal relating to the Hearing Examiner's January 30, 2003 decision on the PUD portion of the Kent Station project is hereby DENIED. 4. Appellant Kent C.A.R.E.S.'s closed-record appeal is hereby DENIED. 5. The Hearing Examiner's January 30, 2003 "Findings, Conclusions and Decision" and the Hearing Examiner's February 12, 2003 "Denial of Requests for Reconsideration" are hereby AFFIRMED. 6. The proposal by Kent Station, LLC, as submitted to and decided by the Hearing Examiner on January 30, 2003 is hereby APPROVED. DECIDED this day of August, 2003. THE HONORABLE JUDY WOODS, PRESIDENT KENT CITY COUNCIL FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION- 13 Approved as to form: Michael C. Walter Special Counsel to the Kent City Council Attest: Brenda Jacober, City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION- 14 Dent City Council Meeting Date August 19,2003 Category Consent Calendar EXCUSED A113SENCE .'Approval of excused absences from the August 19, -jw`and S,eptem ., ` Council meetings for CounciImember Peterson. 3. � (Cc tee, StaM,S-Kil� M fission,etc.)` 5. fia +D FEW � fLRMNNEL-affAa. NO YES 6. F 7. Councilmetnlm moves,CoUncibnember seconds - o , :- DISCUSSION. ACTION: . a - Council Agenda r , ., Item No, 60 OFFICE OF THE MAYOR Jim White, Mayor Phone.253-856-5700 Fax. 253-856-6700 • Address 220 Fourth Avenue S KEN T Kent,WA 98032-5895 WASH I NGTON DATE: August 12, 2003 TO: Judy Woods, City Council President City Council Members FROM: Julie Peterson, City Council Member SUBJECT: Excused Absence I would like to request an excused absence form the August l9th and September 2°a City Council meetings. I will be unable to attend. Thank you for your consideration. JP:jb Kent City,Council Meeting Date---ARMvQ9LAL3 Category Bids. 3RD AVENUE SO, Bc WASHINGTON AVE. PUMP STATIONS 2.,, " �"t'A` ; " The bid opening for this project was held on August 4,2003 with-mic Udreceived. The low bid was submitted by Archer Coostruction, IncAn.the amount of$348,896.00. The Engineer's estimate was -$31 5,740.00. The'Public Works Director rinds awarding this'contract to Archer Conatzvction, Inc. _3. ... 4, lil Qt31� WO.Nfly���D.JX.-- /4 :: � 4 taffttee, t, ,4e Ssioft,etc.)- 5. . � = • t ' 1IErIlU) � NO X YES $348,896.00 7.' CITY�UIJNOI. lC'1' I�IW �IIlOves,Councilmember seconds, ,3Vd A . Wshi _Ave. Pump stations contract be awarded to Archer tF _ Construction,I=for tie low bid amount of$34096.00 DISCUSSION:—. �... ._..,.::� 7, ACTION: C(xacil Agenda 't Item No. 8A PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone.253-856-5500 IN7 K ENT Fax: 253 856 6500 W A s N I N O r O N Address: 220 Fourth Avenue S. Kent,WA.98032-5895 DATE: Au t 1 , 2003 TO: Ma ite and Kent City Council FROM: Don strom, Public Works Director SUBJECT: 3rd Avenue and Washington Avenue Pump Stations SUMMARY: Bid opening for this project was held on August 4"'with only one bid received. The bid was submitted by Archer Construction, Inc. in the amount of$348,896.00. The Engineer's estimate was$315,740.00. This project consists of constructing storm water pumping facilities for both the Washington Avenue storm drainage system (LID#354) and the 3rd Avenue storm drainage system (LID#352). The 3rd Avenue system also includes constructing the actual outlet pipes into the Green River for that system and as such the permits therefore are time sensitive. To rebid this project would mean deferring it until next year. The Public Works Department feels that it is imperative, at least for the 3rd Avenue system to get the project implemented this year for use during this coming rainy season. As such because of this and the fact that the bid was within 10.5%of the Engineer's estimate the Public Works Director recommends awarding this contract to Archer Construction, Inc. Bid Summary Archer Construction, Inc $348,896.00 Engineer's Estimate $315,740.00 BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact MOTION: Councilmember moves,Councilmember seconds that the 3rd Avenue and Washington Avenue Pump Stations contract be awarded to Archer Construction, Inc for the low bid amount of$348,896.00. Mayor White and Kent City Council P Ave. and WA Ave. Pump Stations-Award Bid August 19,2003 1 3� ING_C€mOAZ AND STAFF n A. NCI E t e �" ;. PUBLIC SAFETY C3IVIlMITTE7 D. PUBLIC "Rs ri C E. PLANNING C "EE 5 'fir.� � ;ADMM '1 TM REPORTS 3C, R4VQ*V&MM SPLCUL tAi11II'TTEES 77 : ,7 r A a. . k i PUBLIC SAFETY COMMITTEE MINUTES JULY S, 2003 CONI MITTEE NIE11IBERS: Connie Epperly,Julie Peterson,Rico Yingling The meeting was called to order by Chair Connie Epperly at 5:OOPM. "Application for U.S. Department of Education Grant'was added to the agenda as Item number 7 by Chief Crawford. Mike Martin also stated he wanted to address the Committee on an item from the Mayor. Approval of Minutes of June 10,2003 Committee Member Julie Peterson moved to approve the minutes of the June 10,2003 meeting. The motion was seconded by Connie Epperly and passed 2-0. Amendment to Interlocal Agreement Establishing the Washington Citv and County Pipeline Safety Consortium Fire Chief Jim Schneider explained the purpose of the consortium to the Committee. He indicated that there would be no budget impact and that there would be no change in the terms of the agreement since it the consortium was originally formed. MikeMartin stated that this is an agreement for the cities and county to work together.Rico Yingling asked that a copy of the original agreement be provided prior to the upcoming City Council meeting on July 151°. Rico Yingling moved to recommend that this item be placed on the Consent Calendar for the July 15'h,2003 Council Meeting authorizing the Mayor to sign Amendment 2 to Interlocal Agreement Establishing the Washington City and County Pipeline Safety Consortium. The motion was seconded by Julie Peterson and passed 3-0. Purchase of one(1) replacement fire engine Fire Chief Jim Schneider presented the request for one replacement fire engine from Pierce Manufacturing, Inc. with an approximate cost of$490,000. Julie Peterson moved to recommend that this item be placed on the Consent Calendar of the July 15,2003 Council Meeting recommending that the Mayor be authorized to sign the contract between the City of Kent and Pierce Manufacturing,Inc. for the purchase of one (1) fire engine. The motion was seconded by Rico Yingling and passed 3-0. Update on Fourth of July activities Fire Chief Jim Schneider stated that they had received 50 calls for service and responded to two major second alarm fires. He state that this was nearly twice the number of calls from the previous year and a much higher property dollar loss with the Spnngwood fire expected to be around 1.3 million in damages. That fire is under investigation as suspected arson and involved fireworks. He also stated that many illegal fireworks have been confiscated and will be destroyed. Mike Martin informed the Committee that the Mayor had received many phone calls,emails and in-person complaints about the fireworks this year. Mike stated that the Mayor has directed him to draft an ordinance over the next 90 days to ban fireworks in the City of Kent. Mike stated that the ordinance would go into effect for July,2005 at the earliest. Chief Schneider stated that there would be a lot of public education prior to the enforcement of the ordinance to ban fireworks. Click it or Ticket"Campaign Julie Peterson stated that she had asked Police Chief Ed Crawford to give the Committee an overview of the legality of the campaign due to recent publicity in other junsdictions. Chief Crawford explained the Seat Belt Law and that although a Skagit County District Courtludge had dismissed cases in her court,that the law is valid and wilt continue to be enforced across the country. He feels that an appeal is expected. National Night Out,August S'" Police Chief Ed Crawford described the annual event as a community block party in which the Police,Mayor and City Council Members try to visit as many events as possible in one evening. U.S.Department of Education,Life Skills for State and Local Prisoners Program Grant Police Chief Ed Crawford explained how the grant funds would be used. The Corrections _Division of the Kent Police Department will work with New Connections,a non-profit organization, and Renton Technical Institute to provide employment training for newly released prisoners. He stated that no additional staff or matching funds from the City were required. Rico Yingling move to recommend that this item be placed on the Consent Calendar of the July 15,2003 Council Meeting recommending that Council authorize the Kent Police Department's application for the U.S. Department of Education,Life Shills for State and Local Prisoners Program Grant. The motion was seconded by Julie Peterson and passed 3-0. The meeting adjourned at 5:35 PM. 10 Thompson Public Safety Committee Minutes 2 July 8,2003 . CONTINUED COMMUNICATIONS A. ' �;Vim'£ e�w.4— i. 3 ,, �� .. •� � Fy �, ap_ .. � <,����_ .a � ' k�. z ��" r } � ., - -r t.�`�` .�e�4 x--e :h ^—, { _ �;, .. � a '- _ _ y.. _ f '�W ��'L AFTER EX MOvSSION ""3,6 fu A) ` A � Iv z l / µ � I a [ nry