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City Council Meeting - Council - Agenda - 06/15/2004
City of Kent CityCouncil Meeting j Agenda t 1 )une15, 2004 ' Mayor Jim White Julie Peterson, Council President ' Councilmembers Tim Clark Debbie Raplee Ron Harmon Les Thomas Bruce White Deborah Ranniger KEN WASHIVGTON City Clerk's Office 1 SUMMARY AGENDA KENT CITY COUNCIL MEETING KENT June Is, 2004 W A 5 H I H G T O H Council Chambers ' 7:00 p in MAYOR: Jim White COUNCILMEMBERS• Julie Peterson, President Tim Clark Ron Harmon Deborah Ranmger Debbie Raplee Les Thomas Bruce White 1. CALL TO ORDER/FLAG SALUTE 2 ROLL CALL 3 CHANGES TO AGENDA A FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC — i%A 4 PUBLIC COMMUNICATIONS A. Chief s Award of Valor Presentation B Medal of Valor Presentation C. Introduction of Appointee D Economic Development Update ' 5. PUBLIC HEARINGS A. Street Vacation, Portion of 145th Place SE 6 CONSENT CALENDAR A Minutes of Previous Meeting —Approve D B. Payment of Bills—Approve t 1p� ' C Development Regulations Update, Re olution—Adopt D. Excused Absences for Councilmembers Peterson and Raplee—Approve E Interlocal Agreement with King County Drainage District No 1 for Springbrook Creek Restoration—Authorize F. Interlocal Agreement with King County Drainage District No 1 for Springbrook Creek Culvert Replacement—Authorize G Purchase and Sale Agreement for Upper Mendian Valley Creek Improvements Project Easement—Authorize H. LID 352 Charge in Lieu of Assessment—Approve I. Interlocal Agreements with Cities of Federal Way and Milton for Fleet Services Including Associated Full Time Equivalents—Authorize J Quit Claim Deed For 1281h Avenue SE and Easement Granting to Water District I 1 I —Approve K. Release Utility Easement Rights ,er,Ordinance No. 585 —Approve L. LID 353 Final Assessment Roll Or nance —Adopt 31095 M. Central Avenue North Improvements Project—Accept as Complete N Corrosion Control Facility—Accept as Complete O. Plat of Blueberry Farm (Willow Point) Infrastructure Improvements Bill of Sale— Accept ' (continued next page) SUMMARY AGENDA CONTINUED P. BWt of Stonewood Infrastructure Improvements Bill of Sale—Accept Q. Ordi ance Revising Dent City Code Section 9.38.60 Regarding Two Hour Parking 'Zolies—Adopt �jlla(e R. Green River Duwamish Restoration Project Consultant Services Agreement— Authorize S. Pacific Highway Appraisal and Negotiations Service Contracts—Authorize T. Bicycle Advisory Board Appointment—Confirm 7. OTHER BUSINESS t None 8. BIDS A. S. 212`h Street Pavement Rehabilitation—Award B. Pacific Highway South Storm Drainage Improvements, South 268`h Street to South 252°d Street—Award 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10 CONTINUED COMMUNICATIONS A . O erE:rv,¢ Po%�c%J t 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Acquisition 12. ADJOURNMENT t . t 1 t t 1 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� '<_ d�ir 3 3m _ �3 = nT - 3r� nco��° to c •ox �m qG om M '^ inTq �`=.oc �� N � io3T=n_ n<< n O ? doa 30 3 N < fC n u, n 3 3 3 :? 3� wo 3 o o = 3 o �u o 3 N �a < q s - a z = 3 3 3 no srn w s,wo dog r =� LA " 0 3n :L 7d- nn5< c3 = mov an< 'o �w °' � °°DgaD o ^ o= 3 s3 ° 3o acE ac° 3ON ° Qm >• yA� aa 5 m da m o N ro3 •awO a M �< o ,=? G 33 7MC-M &c N = 3 � 0 ° o Pa? camW� N : o • cr CL _ do 3 n J Gd q D O S 3 CC - M N 3nv�npe o a C °o03 d = D 00eSn� d 9 c, m ° = c3 �mw' ° o� oaNwa _ M.,, 3 w � J C d-• N d - o °w3 IL N o O N n < < c c d CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) CHIEF'S AWARD OF VALOR PRESENTATION B) MEDAL OF VALOR PRESENTATION C) INTRODUCTION OF APPOINTEE D) ECONOMIC DEVELOPMENT UPDATE 1 f i Kent City Council Meeting Date June 15, 2004 Category Public Hearings 1. SUBJECT: STREET VACATION, PORTION OF 145TH PLACE SE 2. SUMMARY STATEMENT: Resolution No. 1668 established June 15, 2004 as the public hearing date for the petition by Schneider Homes, Inc. to vacate a portion of 145th Place SE. A staff report recommending approval with conditions is included in the Council's packet. 3. EXHIBITS: Staff report, Resolution No. 1668, and Map 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? Yes Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund R20036 Amount $3300 AMrox. 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds to approve/disapprove/modify staff s recommendation of approval with conditions of the application to vacate portions of 145th Place SE, as referenced in Resolution No. 1668, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval. DISCUSSION: ACTION: Council Agenda Item No. 5A COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES KENT Charlene Anderson,AICP,Manager W A 3 N I N G T O N Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 JUNE 8, 2004 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JULIE PETERSON AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER THROUGH: MAYOR JIM WHITE SUBJECT: REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF 145TH Place SE #STV-2004-1 (KIVA #2041002) MOTION: To approve/disapprove/modify staff s recommendation of approval with conditions of the petition to vacate a portion of 145`h Place SE, as referenced in Resolution No. 1668, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval. SUMMARY: Mr. Dennis Alfredson of Schneider Homes, Inc., 6510 Southcenter Blvd, Suite 1, Tukwila, WA 98188 requests a vacation of a portion of 145th Place SE in order to release the bond for Loe Estates Division 2, a plat that was approved by King County in 1989. Staff recommends approval of the street vacation with conditions outlined below. BUDGET IMPACT: As a condition of approval, staff proposes the City is compensated in U.S currency equal to the full appraised value of the right of way being vacated. BACKGROUND: 145th Place SE is an unopened right-of-way. As a condition of the plat of Loe Estates Divison 2, the street improvement requirement thereof was to extend 145th Place SE through this unopened right of way and on into the plat of Meridian Firs to the south to connect to the existing improvement of 145th Place SE of that plat, thus making 145th Place SE a through, albeit circuitous route between SE 256th Street and SE 240th Street. A subsequent request by the applicant for a plat alteration to delete the street connection requirement was denied by the King County Hearing Examiner. It should be noted that both the right of way of this proposed vacation as well at that within the plat of Meridian Firs to the south are encumbered in part by a Bonneville Power Administration (`BPA") easement. This easement is significant as it requires free-flow access for BPA, which they take very seriously and for which they have indicated they would remove anything that prohibits their rights. BPA's easement, however, does not encumber the entire City right of way. There is an approximate 25-foot-wide strip along the easterly portion of the right of way within both plats that is unencumbered. Staff Recommendation Staff notified the following departments and agencies of this proposed street vacation. ■ Public Works Department ■ Police ■ Parks, Recreation and Community Services ■ Fire and Life Safety ■ Puget Sound Energy ■ Qwest ■ Department of Transportation ■ METRO Transit Division ■ Soos Creek Water District ■ Water District#111 After a review of the comments received, the Planning Services Office recommends that the request to vacate a portion of 145`h Place SE, as described in Resolution #1668 and as shown on the accompanying map be APPROVED with the following conditions: 1) The City shall be compensated in US currency for the full appraised value of the right of way proposed to be vacated. 2) All monies received for compensation shall be deposited in the school pedestrian walkway fund (R20036) and used for said fund's purpose. 3) For any private or quasi-private utility such as power, gas, telephone or cable TV which has existing facilities within (under, upon and/or over) the right of way petitioned to be vacated, the petitioner shall grant said utility an easement for the operation and maintenance of same. 4) Should Water District #111 and/or Soos Creek Water and Sewer District have existing facilities within (under, upon and/or over) the right of way petitioned to be vacated, the petitioner shall grant said Distnct(s) an easement for the operation and maintenance of same. 5) The applicant shall grant to the City a 20-foot-wide public access easement for bicycles, pedestrians and emergency services. Said easement shall generally follow and parallel the alignment of the vacated right of way with the westerly edge thereof being either the centerline of the vacated right of way or the easterly edge of BPA's easement, whichever is most easterly. As said easement approaches the southerly property line of the plat of Loe Estates Division 2, said westerly edge of the easement shall end at a point on said plat's southerly property line 0.6 feet easterly of where BPA's easterly edge of its easement #STV-2004-1 (KIVA#2041002) Staff Report Page 2 of 4 crosses said property line. All of said easement transitions through angle points shall be smoothed out to accommodate fire vehicle movements. The alignment and legal description for said easement shall be subject to review and approval by the Public Works Department. 6) The applicant shall grant to the City a utility easement over, under and upon the entire right of way included in this vacation. Included in said easement shall be access rights to and from 145`h Place SE right of way(the non-vacated balance) to and from Tract "C" of Loe Estates Division 2 (City's storm water detention site). 7) The Applicant shall install all necessary traffic signage denoting dead end street including no outlet signage at the entrance of the Loe Estates subdivision at SE 24e St All signage shall be approved by the Public Works Department. 8) At the northerly end of the vacated right of way within the existing public right of way and limited to the improved street portion between the westerly and easterly curbs of the street, the Applicant shall install bollards meeting the City's Construction Standards. Said bollards shall be spaced adequately as approved by the City to prohibit vehicular passage. No bollards shall be placed within that portion of improved street area that is encumbered by BPA's easement. In the area of the emergency access easement said bollards shall be removable and shall have a locking system meeting City standards. The Applicant shall provide to the City the respective lock and keys which also shall comply with the City's Construction Standards. Should the Public Works Department determine that a barricade is also required for safety purposes at the southerly terminus of 145`h Place SE, the applicant shall install same. Said barricade shall meet the City's Construction Standards and shall be located as to not encroach on BPA's easement 9) The Applicant shall rework/construct/reconstruct the drainage system in 145`h Place SE at the new southerly terminus thereof in order to catch the street drainage at the curb lines. All work shall be in accordance with the City's Construction Standards and the Applicant shall submit detailed engineering plans thereof to the City for review and approval prior to doing said work 10) The Applicant shall construct a 20-foot-wide asphalt pathway along the alignment of the City's public access easement for bicycles, pedestrians and emergency services. Said pathway shall extend from the southerly terminus of the improved street portion of 1451h Place SE within the plat of Loe Estates Division 2 southerly to the northerly terminus of the improved street portion of 145`h Place SE within the Plat of Meridian Firs. Removable bollards shall be installed at the southerly terminus of said pathway within the plat of Meridian Firs along with other appropriate barriers paralleling same to prohibit unauthorized vehicular use. Said improvement shall comply with the City's Construction Standards and the Applicant shall submit detailed engineering plans thereof to the City for review #STV-2004-1 (KIVA#2041002) Staff Report Page 3 of 4 and approval prior to constructing same. The pathwy shall be located totally within the easement and/or public right of way of 145t Place SE but outside of that portion of the right of way encumbered by BPA's easement. CA1pm S\Permit\Planlvacations\2004\2041002-2004-ICC061504 DOC Enclosure—Map,Resolution No 1668 cc Dennis Alfredson/Apphcant,Schneider Homes Inc,6510 Southcenter Blvd,#1,Tukwila,WA 98188 Jerry McCaughan,Property Manager John&Kns Muckerheide,President,Loe Estates Community Organization,24418 147`h Ave SE,Kent,WA 98042 Dave Christensen,V President,Loe Estates Community Organization, 14611 SE 245ti'Place,Kent,WA 98042 Edwin Maurer,Treasurer,Loe Estates Community Organization,24324 1451h Place SE,Kent,WA 98042 Marilyn Kennedy,President,Meridian Firs I HOA,24833 145'h Lane SE,Kent,WA 98042 Judy Berghms,Secretary,Mendian Firs I HOA,24838 145`h Lane SE,Kent,WA 98042 Lynn Palmer,Vice President,Meridian Firs I HOA,24809 1451,Lane SE,Kent,WA 98042 Shandra Rose,Treasurer,Meridian Firs I HOA,24859 1451h Lane SE,Kent,WA 98042 1 ! t ! #STV-2004-1 (KIVA#2041002) Staff Report Page 4 of 4 RESOLUTION NO. _d A RESOLUTION of the city of Kent,Washington, regarding the vacation of a portion of 145°i Place SE in the City of Kent, and setting the public hearing on the proposed street vacation for June 15, 2004. RECITALS A. A petition, attached as Exhibit"A," has been filed by Schneider Homes, Inc, to vacate a portion of 145"'Place SE in the City of Kent. B. The petition is signed by the owners of at least two-thirds of the real property abutting those portions of 145"' Place SE to be vacated. C. The petition is in all respects proper. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. A public hearing on the street vacation petition requesting the vacation of a portion of 145h Place SE,legally described in Exhibit"A;shall be held at a regular meeting of the Kent City Council at 7:00 p.m.,Tuesday,June 15,2004,in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. SECTION 2. The city clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Ch. 35.79 RCW. 1 Street Vacation— 145'h Place SE SECTION 3. The planning manager shall obtain any other necessary information from appropriate departments and shall transmit the information to the council so that the council may consider the matter at its regularly scheduled meeting on June 15, 2004. PASSED at a regular meeting of the city council of the city of Kent, Washington this_,�l day of _, 2004. CONCURRED in by the mayor of the city of Kent,this day of�, 2004. vx JI HIT , MAYO ATTEST: BRENDA JACOBER, CIVtCLERK APPROVED AS TO FORM: c I I Adk-4 TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. /l 6 �, passed by the city council of the city of Kent,Washington,on the day of 12004. ad--o- .(SEAL) BRENDA JACOBEFVCITY CLERK P%QW(V FSMU"0fftmAC-145 Pmcese.ax 1 2 Street Vacation— 14e Place SE f��'] m -- N o- D NS' 1 10 V` �✓ N Is 37 i23 72 a3 68 66 10i� �► U 21 p� O 4 014,0 S J v g2°to a 8a as 9.9 Z It N ��5 ° 4 15 v 1& W 3 M N (9 W Is N IT 1 "- o!�IZ' TR. 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JP �;,•e�yD 145TH PLACE SE #STV-2004-1 • - - J4.4 pG as M (w!n LOE Estates) KIVA#RESV-2041002 P '„�� , • ci - •y - L 3 '615b , Of 0 0 5/04 pECEIW _ APR -6 W KENCi{,, f Ken q,stomer Servues wa■M IN o r ?�� Four Avem►e South Cay Of ICNi Mayor Jim WLlto !Cent, Ygsnhl�niton 98032-5a95 KIVA# DEDTNz 284 • MAIL TO: Street Vacation Application Fee APPLICA -o' ` MOD 15B.BB us B0897 LUE CITY OIr KENT Custtomer4hforiatlou NAME: e/ !` �° PropertyManagement 0.08 LOS GS//O /�-y� 220 S.4°iAvemu SCF�EIDER ts, INC 158.BB ADD1tESs 10 Zr/ h"-y Kent, Washington 98032 Total; 1: _ _ 151.08 Attn: Jerry McCaughan .-chen�d SSB.6B Huber t isrR206r�,Zt/[7� 16637798/Z/2 4/2M881 13:38 Brad PHONE: Couriect2n9 for Sums STREET AND/OR ALLEY VACATION APPLICA=N AND P1;TITION Dear Mayor and Kent City Council: *% i We, the undersigned abutti g property owners,hereby respectfully request that ccitain C f LK f* fie, r.E. I hereby be vacated. Legal Description of Street/Alley Sought to be Vacated (Must Contain Total Square Feet of Area Sought To Be Vacated) BRIEF STATEMENT WHY VACATION IS BEING SOUGHT A 4 'ownership and encumbrance report must be RECEIVED submitted with this application that covers all the abutting APR properties contiguous to alley or street sought to be vacated. When 5 20U Corporations,partnerships,eta are being signed for, and then ftp n o ERr proof of individual's authority to sign for same shall also be submitted. Attach a color-coded map of a scale of not loss than 1"=200'of the area sought for vacv.tt�tn. (NOT13) Map must correspond with legal description. It A13UTTING FROPERTY OWNERS TAX LOT# i wor 7 ADDRESSES L T BI CK& AT�/SLF`C�TOW r A � Sb /G-n y 1t t 9l70ya o- ��►. �z j ir -ylb'� h4ttfl s eqL SAO" ./45 pL. SEA /(iG►r'�✓l�C1'elf tl L 0 p E C E W E / APR - 6 M MY DFCLERK LEGAL DESCAIF TION THAT PORTION OF 145th PL S.E. WITHIN THE PLAT OF LOE ESTATES DIVISION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 160 OF PLATS, PAGES 26 THROUGH 30, IN KING COUNTY, WASHINGTON. LYING SOUTHERLY OF THE WESTERLY PROLONGATION OF LOT 12. SAID PLAT. 6,655 SP RECEIVED APR 0 5 2004 OF KEW PROPEERRW AWAMMUrr EXHIBIT "A" Page 2 of 3 RECEIVED CONSENT CALENDAR 6. City Council Action: Councilmember_ t1zwL _moves, Councilmember seconds to approve Consent Calendar Items A through T. Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of June 1, 2004. 6B. Approval of Bills. Approval of payment of the bills received through May 15 and paid on May 14 after auditing by the Operations Committee on May 18, 2004. Approval of checks issued for vouchers: Date Check Numbers Amount 5/14/04 Prepaids 562762- $ 819,818.44 5/15/04 & Regular 563307 832,127.25 5/15/04 Wires 1699-1714 1,306,191.45 $2,9583137.14 Council Agenda Item No. 6 A-B K E N T Kent City Council Meeting WASHINGTON June 1, 2004 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Councilmembers present: Clark,Harmon,Peterson Ranniger, Raplee, Thomas and White. (CFN-198) CHANGES TO AGENDA A. From Council,Administration, or Staff. (CFN-198) Consent Calendar Items F and L were removed for discussion. Bid Items B and C, Pacific Highway South Storm Drainage Improvements and Pump station 5 Generator Upgrade were removed from the agenda. B. From the Public. (CFN-198) The Saturday Market was added as Continued Communications Item 11A, at the request of Bob O'Brien. PUBLIC COMMUNICATIONS A. King County Library Presentation. (CFN-198) Judge Richard Eadie, Chair of the King County Library Board, gave a brief presentation regarding the upcoming library election. B. Public Works Washington Ouality Award. (CFN-155) Larry Blanchard, Public Works Operations Manager, explained the award and the criteria it is based on. C. Fire Department Accreditation Recommendation. (CFN-122) Chief Schneider explained the program and results of going through it. D. Employee of the Month Presentation. (CFN-147) Mayor White announced that Darrell Hammack, Jeff Veach and Robert Westby, the Housing and Human Services Repair Crew,have been named Employee of the Month. E. Municipal League Employee of the Year. (CFN-147) Mayor White noted that Police Chief Ed Crawford was selected as the Municipal League's Employee of the Year. CONSENT CALENDAR PETERSON MOVED to approve Consent Calendar Items A through R,with the exception of Items F and L which were removed from the Consent Calendar. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of May 18, 2004 were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through May 14 and paid on May 14 after auditing by the Operations Committee on May 18, 2004 was approved. 1 i 1 Kent City Council Minutes June 1, 2004 Approval of checks issued for vouchers: Date Check Numbers Amount 5/14/04 Wire Transfers 1699-1714 $1,306,191.45 5/14/04 Prepays & 562762 819,818.44 5/14/04 Regular 563307 832,127.25 $2,958,137.14 C. 105 Building Long Term Lease with Burlington Northern Railroad. (CFN-171) Resolution No. 1677 requesting the support and cooperation of the Burlington Northern Santa Fe Railway Company in extending a long-term lease for the 105 Building was adopted. D. Criminal Codes. (CFN-122) Ordinance No. 3692 amending Ch. 9.02 of the Kent City Code to update the reference to various criminal state laws in the Revised Code of Washington and to adopt three additional laws by reference relating to sex offender registration, the duties of trustees in lawsuits, and cyber stalking was adopted. E. Recreational Vessel Regulations RCW Amendments. (CFN-122) Ordinance No. 3693 declaring an emergency and revising Chapter 4.06 of the Kent City Code relating to recreational vessel regulations was adopted. (REMOVED BY COUNCILMEMBER RANNIGER) F. Fireworks. (CFN-122) The proposed resolution resolves to educate the public regarding the dangers of fireworks, direct the police to aggressively enforce the City's fireworks ordinance, encourage the public's responsible use of fireworks, and establish an amnesty policy for the public to turn in illegal fireworks. Police Chief Crawford explained the education and enforcement programs, and Fire Marshall John Napier explained the amnesty program. RANNIGER MOVED to adopt Resolution No. 1678. Peterson seconded and the motion carried. G. S. 228th Street Extension—Freight Mobility Strategic Investment Board Grant. (CFN-1269) The Mayor was authorized to sign the agreement with the Washington State Department of Transportation Highways and Local Programs Office to accept $2,000,000 from the Freight Mobility Strategic Investment Board(FMSIB), to establish a budget for these monies within the South 228U' Street project fund, and to authorize spending accordingly. H. S. 228th Street Extension—Public Works Trust Fund Loan. (CFN-1269) The Mayor was authorized to sign the Public Works Trust Fund Loan Agreement for the construction of the South 228th Street Extension, in the amount of$10,000,000, authorize staff to accept the money and establish a budget for the same and set the 20-year repayment schedule beginning July 1,2005. I. Soos Creek Water and Sewer Interlocal Agreement Regarding Meridian Valley Creek Realignment. (CFN-470) The Mayor was authorized to sign the Interlocal Agreement with Soos Creek Water& Sewer District regarding the Meridian Valley Creek Realignment Project. 2 ' Kent City Council Minutes June 1, 2004 J. Millennium Elementary School Latecomers Agreement (CFN-485) The Public Works Director was authorized to execute a Sanitary Sewer Latecomer Agreement with the Kent School District for the Millennium Elementary School Sewer Extension. K. Cable Television Conduits Street Crossing and Mainline Distribution Conduits Ordinance. (CFN-274) Ordinance No. 3694 amending Section 7.10.040 of the Kent City Code regarding the installation of cable television conduits for street crossings and mainline distribution was adopted. (REMOVED BY COUNCILMEMBER HARMON) L. 2004 Comprehensive Plan Update. (CFN-377) The Planning and Economic Development Committee has recommended approval of Kent's 2004 Comprehensive Plan Update. Harmon expressed concern about policies TR-5.6 and LU-9.1. He suggested that Planning staff review TR-5.6 regarding cul-de-sacs and the cut-through problem for flexibility, and questioned whether fewer than four units could be built under LU-9.1. Community Development Director Satterstrom addressed the issues, and after discussion by Councilmembers,HARMON MOVED that Policy TR-5.6 be remanded back to staff for further review and brought to the Planning Committee as soon as possible. Ranniger seconded. It was clarified that only that policy is to go back to staff. Motion carried with Clark opposed. HARMON MOVED to direct staff to re-evaluate Policy LU-9.1 and bring it back to Council through the committee process. Peterson seconded. Motion carried. CLARK MOVED to table the Comp Plan for 2004 to the July 6, 2004 Council meeting and take it through the Planning Committee prior to that. Harmon seconded. Motion carried. M. Burrows Replat. (CFN-1290) The Final Plat Mylar for the Burrows Re-plat was approved and the Mayor was authorized to sign the mylar. N. Washington State Department of Natural Resources Grant for Glenn Nelson Park Forest Plan Planting. (CFN-118) The $3,530.00 grant was accepted, the Mayor was authorized to enter into an agreement with Washington State Department of Natural Resources (DNR), and the expenditure of funds for the Glenn Nelson Park Forest Planting Project was approved. O. Interagency Committee for Outdoor Recreation Grant for Kent Memorial Park. (CFN-118) The $25,000.00 grant was accepted, the Mayor was authorized to enter into an agreement with the Interagency Committee for Outdoor Recreation, and expenditure of funds for 1 improvements to Field No. 1 at Kent Memorial Park was approved. P. Interagency Committee for Outdoor Recreation Grant for Glenn Nelson Improvements. (CFN-118) The $56,624.00 grant was accepted, the Mayor was authorized to enter into an agreement with the Interagency Committee for Outdoor Recreation, and expenditure of funds for improvements to Glenn Nelson Park was approved. Q. Interagency Committee for Outdoor Recreation Grant for Uplands Playfield Maintenance. (CFN-118) The $25,000.00 grant was accepted, the Mayor was authorized to enter into an agreement with the Interagency Committee for Outdoor Recreation, and the expenditure of funds for improvements to Uplands Playfield was approved. 3 Kent City Council Minutes June 1, 2004 R. Grant Application for East Hill Skate Park Development. (CFN-118) Ordinance No. 1679 authorizing application to the Interagency Committee for Outdoor Recreation (IAC)in pursuit of funding additional development at East Hill Skate Park was adopted. BIDS A. Kent Golf Par 3 Clubhouse Roof. (CFN-118) The bid opening was held on May 19, 2004 with five (5)bids received. The apparent low bid was submitted by Wayne's Roofing in the amount of$28,480.00, including tax. The Parks Director recommends that the Mayor be authorized to enter into an agreement with Wayne's Roofing in the amount of$28,480.00 to complete the roofing project at the Par 3 Clubhouse at the Riverbend Golf Complex. PETERSON SO MOVED, Clark seconded and the motion carried. B. Upper Meridian Valley Creek Improvements. (CFN-470) The Public Works Director recommends that the motion to authorize the Mayor be authorized to sign the construction contract for the Upper Meridian Valley Creek Improvement project to the lowest responsive bidder. The projected is estimated to be below$587,000.00. WHITE MOVED to authorize the Mayor to enter into a contract to award the Upper Meridian Valley Creek Improvements to the selected lowest responsive and responsible bidder at the bid re-opening on June 4, 2004, provided the response bid is less than $587,000.00. Clark seconded and the motion carried. REPORTS A. Council President. (CFN-198) Peterson announced that Councilmember Raplee has been appointed as the Council representative to the Human Services Commission. D. Public Works. (CFN-198) White announced that the next meeting will be held at 5:00 p.m. on June 7th. E. Planning and Economic Development Committee. (CFN-198) Clark noted that the June 21 st meeting has been cancelled and that there will be a special meeting on June 14th at 4:00 p.m. in the Council Chambers. CONTINUED COMMUNICATIONS A. Saturday Market. (CFN-198) Bob O'Brien, 1131 Seattle Street, suggested selling the Saturday Market Barn and getting it on the tax rolls. Wickstrom noted that staff has gone through the list of properties previously supplied by Mr. O'Brien and that although most of the property is wetlands, plats, impoundment sites, detention sites and so forth, they are looking at several further. ADJOURNMENT HARMON MOVED to adjourn at 8:22 p.m. Thomas seconded and the motion carried. (CFN-198) Brenda Jacober, C City Clerk 4 Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: DEVELOPMENT REGULATIONS UPDATE, RESOLUTION— ADOPT 2. SUMMARY STATEMENT: Adoption of Resolution No. relating to review and revision of development regulations in compliance with the Growth Management Act, as more specifically identified in the Resolution. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C i RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to review and revision of development regulations in compliance with the Growth Management Act. RECITALS ` A. Per RCW 36.70A.130(4), the Growth Management Act requires the City of Kent to review and revise its Comprehensive Plan and development regulations by December 1, 2004, to ensure that the Comprehensive plan and the development regulations are in compliance with the requirements of the Growth Management Act. B. The Planning Services Office is charged with initially analyzing these issues and presenting them to the Land Use and Planning Board and the City Council. The process of review and revision to the Comprehensive Plan has been ongoing since early 2002, and the same process can now begin for the corresponding development regulations. C. At their May 17, 2004, meeting, the Planning & Economic Development Committee reviewed the proposed process for review of development regulations by the Planning Services Office and recommended to the City Council that it recognize, via resolution, the scope of that review. 1 Development Regulations— Work Program for Compliance with the Growth Management Act NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. — Process of Review. The City Council hereby requests that the Mayor direct the Planning Services Office to begin the process of reviewing and revising the City's development regulations to ensure compliance with the Growth Management Act by December 1, 2004. The City Council asks that the Planning Services Office focus on the following areas in the order that they are listed: A. Review and propose revisions to development regulations that are in direct conflict with the Comprehensive Plan for adoption by Council prior to December 1, 2004, B. Review the urban density issue as a separate work program in accord with the Comprehensive Plan adopted by Council, and C. Proposed as future work programs the review, revision, and/or adoption of other development regulations to fully implement the Comprehensive Plan's goals and policies. SECTION 2. — Severabilzty. 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 3. —Effective Date. 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 June,2004. 2 Development Regulations— Work Program for Compliance with the Growth Management Act CONCURRED in by the Mayor of the City of Kent this day of June, 2004. 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,2004. BRENDA JACOBER, CITY CLERK 3 Development Regulations— Work Program for Compliance with the Growth Management Act ' Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: EXCUSED ABSENCES FOR COUNCILMEMBERS PETERSON AND RAPLEE—APPROVE 2. SUMMARY STATEMENT: Approval of excused absences from tonight's City Council meeting for Council President Peterson and Councilmember Raplee, who are unable to attend. 3. EXHIBITS• Memos ' 4. RECOMMENDED BY: ' (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? _ Revenue?_ Currently in the Budget? Yes No 1 If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: 1 Council Agenda Item No. 6D ' OFFICE OF THE MAYOR ' Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 • Address 220 Fourth Avenue S K E N T Kent,WA 98032-5895 WASHINGTON DATE: May 28, 2004 TO: Mayor Jim White City Council Members FROM: Debra Raplee, City Council Member SUBJECT: Excused Absence ' I would like to request an excused absence from the June 15, 2004 City Council meeting. I will be unable to attend. Thank you for your consideration. t RECENED 1 MAY 2 8 2004 i[� .5S iel�iM «f7CG' n{ the 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 WASHINGTON ' DATE: May 28, 2004 TO: Mayor Jim White ' City Council Members FROM: Julie Peterson, City Council President SUBJECT- Excused Absence I would like to request an excused absence from the June 15, 2004 City Council meeting I will be unable to attend. ' Thank you for your consideration RFCEIVF9 MAY 2 8 2004 IEz, {jfF" Kent City Council Meeting Date June 15, 2004 Category Consent Calendar ! 1. SUBJECT: 1NTERLOCAL AGREEMENT WITH KING COUNTY DRAINAGE DISTRICT NO. 1 FOR SPRINGBROOK CREEK RESTORATION— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the interlocal agreement between the City of Kent and Drainage District No. 1 of King County and authorize staff to accept the money and establish a budget for the funds to be spent within the project. ! 3. EXHIBITS: Public Works Director's Memorandum and Interlocal Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: ! Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ! 6. CITY COUNCIL ACTION: ! Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda tItem No. 6E 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. WASHINGTON Kent,WA 98032-5895 1 DATE: May 27,2004 TO: Public Works Committee FROM: Don Wickstrom,Public Works Director SUBJECT: Interlocal Agreement under wluch Drainage District No. 1 of King County will contribute$150,000 toward the cost of the Springbrook Creek Restoration Project. MOTION: Recommend Council authorize the Mayor to sign the interlocal agreement between the City of Kent and Drainage District No. 1 of King County upon concurrence of the language therein by the City Attorney and Pubic Works Director, authorize staff to accept the money and establish a budget for the funds to be spent within said project. ' SUMMARY: The Public Works Department requests authorization to receive funds from Drainage District No. 1 of King County toward the cost of the Springbrook Creek Restoration project. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND- On December 12, 2003 the City sent a letter to Drainage District No. 1 of King County summarizing four high priority construction projects which would benefit the Drainage District and which they may desire to cost share with the City. The City attended a ' Drainage District meeting on March 25, 2004 to provide an updated project status report. The Drainage District drafted and approved Resolution Number 001-2004 authorizing payment of $150,000 toward the cost of the Springbrook Creek Restoration project. John Casey,attorney for ' the Drainage District, confirmed by letter on May 21,2004 that the City will receive payment for said project on July 1, 2004. Mayor While and Kent City Council 1 Interlocal Agreement-Accept June 7,2004 Interlocal Agreement Regarding Springbrook Creek Restoration (between the City of Kent and Drainage District No 1 ofKtng County) THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between the CITY ' OF KENT, a Wasington municipal corporation ("Kent") and DRAINAGE DISTRICT NO. 1 OF KING COUNTY, a Washington municipal corporation, located and doing business at 19414 84`h Avenue S.,Kent, WA 98032 ("District"). , Recitals A. Kent and District are public agencies as defined by Ch. 39.34 of the Revised Code of Washington, and are authorized to enter into interlocal agreements on the basis of mutual advantage and thereby to provide services and facilities in the manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and ' other factors influencing the needs and development of local communities. B. Kent is undertaking a project known as 80'h Avenue S. / Spnngbrook Creek Restoration Improvements ("Improvement Project"), which will occur in 2004 and is estimated to cost Kent approximately$253,000. C. The District's purpose is to ensure the flows of drainage waters In its jurisdiction. The Improvement Project to be undertaken by Kent will create new fish habitat, remove invasive plants to enhance drainage water flow, and will provide new plants to help shade the creek Accordingly, due to the benefits to be received by the District, the District desires to contribute toward Kent's costs to complete the Improvement Project. NOW THEREFORE, in consideration of the terms and provisions contained herein, it is agreed between Kent and District as follows: Agreement 1. Purpose. It is the purpose of this Agreement to outline the terms under wluch the , District will contribute the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS (S 150,000) toward the cost of Kent's Improvement Project. 2. Duration. This Agreement shall become effective on the last date it is ratified by , the legislative bodies of Kent and the District. Unless terminated by either party in accordance with section 7 below, this Agreement shall remain in full force and effect until the completion of ' the Improvement Project,which is anticipated to be September, 2004. 3. Administration of Agreement. Kent and the District shall each appoint a ' representative who shall be authorized to administer this Agreement on their behalf. 4. Contribution to Kent. In consideration of this Agreement, the Improvement Project undertaken by Kent, and the benefits that Improvement Project will confer upon the , District, the District agrees to contribute the sum of ONE HUNDRED FIFTY THOUSAND INTERLOCAL AGREEMENT REGARDING SPRINGBROOK CREEK RESTORATION -1 of 4 (btwn Kent and Drainage Dist No 1 ofKtng County) 1 DOLLARS ($150,000) to Kent. This sum shall be renutted by the District to Kent by July 1, 2004, or by such other date as may be mutually agreed upon by the parties' appointed administrators. 5. Failure to Construct - Return of Contribution As a condition of the District's contribution toward the cost of the Improvement Project,in the event Kent does not execute the Improvement Project, the City will return the full sum previously contributed by the District. 6. Entry upon Land. Kent's contractor for the Improvement Project has been provided sufficient access to District property by previous negotiation. That access and the terms of those negotiations do not form a part of this Agreement. 7. Termination by Mutual Written Agreement. This Agreement may be terminated at any time by mutual written agreement of the parties. 8. Indemnification and Hold Harmless. Kent shall defend, indemnify and hold District, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Kent's performance of this Agreement or its Improvement Project, except for that portion of the injuries and damages caused by District's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Miscellaneous. 91 Amendments This Agreement may only be amended by mutual written agreement of Kent and District. 92 Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 9.3 Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the District's right to indemnification under section 8 of this Agreement. INTERLOCAL AGREEMENT REGARDING SPRINGBROOK CREEK RESTORATION -2 of 4 (btwn.Kent and Drainage Dist No I of King County) 9.4 Assignment. Any assignment of this Agreement by either party without , the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent 9.5 Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and District. 9.6 Entire Agreement. The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. ' 9.7 Compliance with Laws. The parties agree to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become , applicable to the operations covered by this Agreement or accruing out of the performance of those operations. 9.8 Severahrlity. If any section of this Agreement is adjudicated to be invalid, , such action shall not affect the validity of any section not so adjudicated 99 Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective upon personal service or three(3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. DISTRICT: KENT: DRAINAGE DISTRICT NO. I OF KING CITY OF KENT: , COUNTY By: By: (signature) Print Name: Print Name: Jim White Its Its Mayor (Title) DATE- DATE: , INTERLOCAL AGREEMENT REGARDING SPRINGBROOK CREEK RESTORATION -3 of 4 (btwn Kent and Drainage Dist No I of King County) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Attn: John M. Casey, attorney for Don Wickstrom,Director King County Dramage District No. 1 City of Kent Public Works Department ' Curran Mendoza,P.S. 220 Fourth Avenue South P.O. Box 140 Kent, WA 98032 Kent, WA 98035-0140 (253) 852-2345 (telephone) (253) 856-5500(telephone) (253) 859-8037 (facsinule) (253) 856-6500(facslmlle) APPROVED AS TO FORM: APPROVED AS TO FORM: John M. Casey, Tom Brubaker, City Attorney of Curran Mendoza,P.S. Attorney for District ncmwursgmi.mn wMaalma,x.pmwmvmaz i I 1 1 INTERLOCAL AGREEMENT REGARDING SPRINGBROOK CREEK RESTORATION -4 of 4 (btwn Kent and Drarnage Dist No I of King County) I • ' AWN ftwk A T T O R N 9 Y S Carren A(eadase PS 555 West Smith Street•Post Office Box too Kent,Washington 98035-0140 C1 r y op Tr1tP aar(253)852-2345 M Fammit(253)852.2030•(253)859-8037 'MAY s`I T' 4 200 t xww c*n x nadata coat VY May21, 2004 Joseph Fielding City of Kent Public Works 220 Fourth Avenue So Kent,WA 98032-5895 Re Kent Restoration Projects 1 and 2 for 2004 Dear Mr Fielding ' As you know, the Drainage District will contribute$150,000 for Kent Restoration Project No 1 (89n Avenue S /Springbrook Creek Restoration Improvements Project), and $50,000 for Kent ' Restoration Project No 2 (S 192nd St./Springbrook Creek Culver'Replacement) These contributions were adopted by the District Commissioners at their April meeting, on the condition that the contributions be returned to the Drainage District in the event that Kent does not go forward with either or both projects This confirms that the District will provide its contribution for Project No 1 by July 1, 2004,and ' its contribution for Project No 2 by August 1, 2004 Very truly yours, AM DOZA P.S. as JMC/jlm c Drainage District No. 1 Theresa M Ahern ChrrstopherJ Dodd Brie Ann McCarthy Dwna M Zodman , John Casey Greg Haffner C FrederukMendoza Of Counsel Gregory F Cromwell David T Hold Jane C Rhodes C Peter Curran Mark W Dava Chad Horner Sham B 17iompson Melven L Meweno,Jr -.� COPY t . CITY OF KEN MAY 112004 j RESOLUTION of DRAINAGE DISTRICT NO.1 OF KING COUNTY ENGINEERING DEf Number 001-2004 WHEREAS, Drainage District Number One of King County, Washington, has its purpose to ensure the flows of drainage waters in its jurisdiction; and WHEREAS, the City of Kent,Washington, from time to time undertakes storm water drainage improvement projects that impact the waters within the District's jurisdiction; and WHEREAS, the City of Kent is undertaking a project known as 80d Avenue S / Spnngbrook Creek Restoration Improvements This project will occur in 2004 and is estimated to cost the City of Kent approximately$295,000, and IWHEREAS, the City of Kent is undertaking a project known as S 192n6 St / Spnngbrook Creek Culvert Replacement This project is anticipated to occur in 2004 at a cost to the City of Kent of approximately$100,000, and WHEREAS, the District Commissioners believe that both projects will enhance the flows of drainage waters within the District because both of them increase the size of culverts in waters in and adjacent to District property;and WHEREAS,the Commissioners believe it is in the District's best interests to contribute financially to the projects, NOW,THEREFORE, be it resolved by the Commissioners of Drainage District Number One of King County that. 1. The District shall contribute the sum of One Hundred Fifty Thousand Dollars ($150,000 00)to the City of Kent for the Be Avenue S /Spnngbrook Creek Restoration Improvements Project 2. The District shall contribute the sum of Fifty Thousand Dollars ($50,000 00) to the City of Kent for the S. 192nd St. /Spnngbrook Creek Culvert Replacement 3. As a condition to these contributions, in the event that the City chooses not to execute one or both of the projects, the City shall be required to return the moneys to the District. 4. The District counsel and secretary shall take the necessary steps to effect this Resolution. 11i tI11 RESOLUTION 001-2004 April 2004 Page 1 of 2 ! ADOPTED at an open meeting of the Commissioners of Drainage District Number One of King County,Washington, this 224{ day of April 2004 org"Lleymissioner c 4-fA . c.,P Charles P. Curran, Commissioner ' Attest 1 G Charles P Curran, Secretary 1 1 1 1 t 1 1 RESOLUTION 001-2004 April 2004 Page 2 of 2 Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: INTERLOCAL AGREEMENT WITH KING COUNTY DRAINAGE DISTRICT NO. 1 FOR SPRINGBROOK CREEK CULVERT REPLACEMENT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the interlocal agreement between the City of Kent and Drainage District No. 1 of King County and authorize staff to accept the money and establish a budget for the funds to be spent within the project. 3. EXHIBITS: Public Works Director's Memorandum and Interlocal Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director 400 Phone.253-856-5500 Fax 253-856-6500 KEN T Address. 220 Fourth Avenue S. WASHINGTON Kent,WA.98032-5895 ' DATE: May 27, 2004 TO: Public Works Committee FROM: Don Wickstrom,Public Works Director SUBJECT: Interlocal Agreement under which Drainage District No. 1 of King County will ' contribute $50,000 toward the cost of the S. 192"d St/Springbrook Creek Culvert Replacement Project. 1 MOTION: Recommend Council authorize the Mayor to sign the interlocal agreement between the City of Kent and Drainage Distnct No. 1 of King County upon concurrence of the language therein by the City Attorney and Pubic Works Director, authorize staff to accept the money and establish a budget for the funds to be spent within said project. 1 SUMMARY: The Public Works Department requests authorization to receive funds from Drainage District No 1 of King County toward the cost of the S. 192nd St/Springbrook Creek Culvert Replacement project. ' BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND. On December 12, 2003 the City sent a letter to Drainage District No. I of King County summarizing four high priority construction projects which would benefit the Drainage Distnct and which they may desire to cost share with the City. The City attended a Drainage District meeting on March 25,2004 to provide an updated project status report. The Drainage District drafted and approved Resolution Number 001-2004 authorizing payment of $50,000 toward the cost of the S. 192"d St./Springbrook Creek Culvert Replacement project. John Casey, attorney for the Drainage District,confirmed by letter on May 21,2004 that the City will receive payment for said project on August 1,2004. Mayor White and Kent City Council 1 Interlocal Agreement-Accept June 7,2004 Interlocal Agreement Regarding S. 192"d St. / Springbrook Creek Culvert Replacement (between the City of Kent and Drainage District No. I of Ktng County) THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between the CITY OF KENT, a Washington municipal corporation ("Kent") and DRAINAGE DISTRICT NO. 1 OF KING COUNTY, a Washington municipal corporation, located and doing business at 19414 80 Avenue S., Kent, WA 98032 ("District')- Recitals A. Kent and District are public agencies as defined by Ch. 39.34 of the Revised Code of Washington, and are authorized to enter into interlocal agreements on the basis of mutual , advantage and thereby to provide services and facilities in the manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. B. Kent is undertaking a project known as the S. 192nd Street / Springbrook Creek Culvert Replacement ("Improvement Project"), which will occur in 2004 and is estimated to cost Kent approximately $120,000 C. The District's purpose is to ensure the flows of drainage waters in its jurisdiction. The Improvement Project to be undertaken by Kent will enhance the flows of drainage waters within the District because the project will increase the size of culverts in and adjacent to District property. Accordingly, due to the benefits to be received by the District, the District desires to contribute toward Kent's costs to complete the Improvement Project. NOW THEREFORE, in consideration of the terms and provisions contained herem, it is agreed between Kent and District as follows: Agreement 1. Purpose. It is the purpose of this Agreement to outline the terms under which the ' District will contribute the sum of FIFTY THOUSAND DOLLARS ($50,000) toward the cost of Kent's Improvement Project. 2. Duration. This Agreement shall become effective on the last date it is ratified by the legislative bodies of Kent and the District. Unless terminated by either party in accordance with section 7 below,this Agreement shall remain in full force and effect until the completion of the Improvement Project, which is anticipated to be September,2004. 3. Administration of Agreement. Kent and the District shall each appoint a representative who shall be authorized to administer this Agreement on their behalf. 4. Contribution to Kent. In consideration of this Agreement, the Improvement Project undertaken by Kent, and the benefits that Improvement Project will confer upon the INTERLOCAL AGREEMENT REGARDING S. 196"STREET/ SPRINGBROOK CREEK CULVERT REPLACEMENT - 1 of (btwn Kent and Drainage Dist No I of King County) District, the District agrees to contribute the sum of FIFTY THOUSAND DOLLARS ($50,000) to Kent. This sum shall be remitted by the District to Kent by August 1, 2004, or by such other date as may be mutually agreed upon by the parties' appointed administrators. 5. Failure to Construct - Return of Contribution. As a condition of the District's contribution toward the cost of the Improvement Project, in the event Kent does not execute the Improvement Project,the City will return the full sum previously contributed by the District. 1 6. Entry won Land. Kent's contractor for the Improvement Project has been provided sufficient access to District property by previous negotiation. That access and the terns of those negotiations do not form a part of this Agreement. 7. Termination by Mutual Written Agreement. This Agreement may be terminated at ' any time by mutual written agreement of the parties. 8. Indemnification and Hold Harmless. Kent shall defend, indemnify and hold District, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Kent's performance of this Agreement or its Improvement Project, 1 except for that portion of the injures and damages caused by District's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Miscellaneous. 1 91 Amendments This Agreement may only be amended by mutual written agreement of Kent and District. I 9.2 Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 9.3 Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the District's right to indemnification under section 8 of this Agreement. INTERLOCAL AGREEMENT REGARDING S 196th STREET/ SPRINGBROOK CREEK CULVERT REPLACEMENT -2 of (btwn Kent and Drainage Dist No I offing Comy) 9.4 Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 9.5 Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and District. 9.6 Entire Agreement. The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. , 9.7 Compliance with Laws. The parties agree to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the operations covered by this Agreement or accruing out of the performance of those operations. 9.8 Severability. If any section of this Agreement is adjudicated to be invalid, I such action shall not affect the validity of any section not so adjudicated. 9.9 Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective upon personal service or three (3) , business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. DISTRICT: KENT: DRAINAGE DISTRICT NO. 1 OF KING CITY OF KENT: COUNTY By: By: (signature) Print Name: Print Name: Jim White Its Its Mayor (rate) DATE: DATE: INTERLOCAL AGREEMENT REGARDING S.196t STREET/ SPRINGBROOK CREEK CULVERT REPLACEMENT -3 of 4 (btwn Kent and Drainage Dist No I of King County) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Attn: John M. Casey, attorney for Don Wickstrom, Director King County Drainage District No. 1 City of Kent Public Works Department Curran Mendoza,P.S. 220 Fourth Avenue South P.O. Box 140 Kent,WA 98032 Kent, WA 98035-0140 (253) 852-2345 (telephone) (253) 856-5500(telephone) (253) 859-8037 (facsimile) (253) 856-6500(facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: 1 John M. Casey, Tom Brubaker, City Attorney of Curran Mendoza,P.S. Attorney for District ' er..asiusv}mruron wwwm�apy.m�.axa��e, INTERLOCAL AGREEMENT REGARDING S. 196ih STREET/ SPRINGBROOK CREEK CULVERT REPLACEMENT -4 of 4 (btwn Kent and Drainage Dist No I of King County) I • A T T O N N ti Y 5 CA"ON MCNAXO PS 555 West Smith Street•Post Office Sox zoo Kent,9flxshm8ron 98033-0140 C1+ y n p ¢,� Teltptwxr(253)85z-z345 j�fd {C,}T' KEN FuatmJlr(253)853-:03o•(253)859-8031 MAY 4 2QQ� uww ti,r xmeedxzo tom NGiNEE... r May 21, 2004 Joseph Fielding , City of Kent Public Works 220 Fourth Avenue So Kent, WA 98032-5895 Re Kent Restoration Projects 1 and 2 for 2004 Dear Mr Fielding As you know, the Drainage District will contribute$150,000 for Kent Restoration Project No 1 (8d Avenue S /Spnngbrook Creek Restoration Improvements Project), and $50,001)for Kent Restoration Project No 2(S 192nd St./Spnngbrook Creek Culvert Replacement) These contributions were adopted by the District Commissioners at their April meeting, on the condition that the contributions be returned to the Drainage District in the event that Kent does not go forward with either or both projects This confirms that the District will provide its contribution for Project No 1 by July 1, 2004,and its contribution for Project No 2 by August 1,2004 Very truly yours, CI. as M DOZA P.S. n JMC/jim c Drainage Distnct No. 1 TheresaM Ahern ChrutopherJ Dodd Brie Ann McCarthy Diana ZOAMM , John M Casey Greg W Haffner C Frederick Mendoza Of Counsel GregoryF Cromwell Dowd T Holas Jane Rhodes C Peter Curran MarkW Davis Chad Horner M ShanaE Thompson MelvinL Meweno,Jr i 1 COPY i . CITY OF KEN MAY 112004 RESOLUTION of DRAINAGE DISTRICT NO. 1 OF KING COUNTY ENGINEERING DEf Number 001-2004 1 WHEREAS, Drainage District Number One of King County,Washington, has its purpose to ensure the flows of drainage waters in its junsdiction;and WHEREAS, the City of Kent.Washington,from time to time undertakes storm water drainage improvement projects that impact the waters within the District's jurisdiction; and WHEREAS, the City of Kent is undertaking a project known as 80w Avenue S / Spring brook Creek Restoration Improvements This project will occur in 2004 and is estimated to cost the City of Kent approximately$295,000, and WHEREAS,the City of Kent is undertaking a project known as S 19ZW St 1 Springbrook Creek Culvert Replacement This project is anticipated to occur in 2004 at a cost ' to the City of Kent of approximately$100,000, and WHEREAS, the District Commissioners believe that both projects will enhance the flows of drainage waters within the District because both of them increase the size of culverts in waters in and adjacent to District property;and WHEREAS, the Commissioners believe it is in the District's best interests to contribute financially to the projects, NOW,THEREFORE, be it resolved by the Commissioners of Drainage District Number One of King County that. I1. The District shall contribute the sum of One Hundred Fifty Thousand Dollars ($150,000 00)to the City of Kent for the Be Avenue S /Springbrook Creek Restoration Improvements Project 2. The District shall contribute the sum of Fifty Thousand Dollars ($50,000 00) to the City of Kent for the S. I ge St. /Springbrook Creek Culvert Replacement 3. As a condition to these contributions, In the event that the City chooses not to execute one or both of the projects, the City shall be required to return the moneys to the District. 4. The District counsel and secretary shall take the necessary steps to effect this Resolution. lil RESOLUTION 001-2004 Apn12004 Page 1 of 2 i ADOPTED at an open meeting of the Commissioners of Drainage District Number One of King County,Washington, this 2Zc day of April 2004 2�00 Lle y missioner C l��-u_._. G,F) Charles P. Curran, Commissioner Attest , Charles P Curran, Secretary i 1 t 1 i 1 i t RESOLUTION 001-2004 April 2004 Page 2 of 2 Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: PURCHASE AND SALE AGREEMENT FOR UPPER MERIDIAN VALLEY CREEK IMPROVEMENTS PROJECT EASEMENT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to complete the property transaction for the purchase of real property located at 23808 132nd Avenue S.E. as identified in the Real Estate Purchase and Sale Agreement. I3. EXHIBITS: Public Works Director's Memorandum and Real Estate Purchase & Sale Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G 1 I PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director ' Phone•253-856-5500 K ENT Fax 253 856�500 W A S N I N G T O N Address* 220 Fourth Avenue S Kent,WA 98032-5895 DATE: May 24, 2004 TO: Public Works Committee FROM: Don Wickstrom,Public Works Director SUBJECT: Purchase of Property from Steven and Jan Janibagian at 23808 132nd Ave. S.E. MOTION: Recommend authorization to full Council for the purchase of property at 23808 132°d Avenue S.E. SUMMARY: Per Upper Meridian Valley Creek Improvements project easement acquisitions from two parcels is required in order to construct the project. Previously council approved condemnation of the easement associated with the Pasko property (Shopping on NE comer of SE 240`' St. and 132nd Ave SE)which abuts the southerly property line of this acquisition. Condemnation authority wasn't sought on this parcel because we felt confident that a negotiated settlement would be reached thereon for which it has. The Public Works Department is recommending that the council approve this purchast. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact as the funds for same are available within the project fund. BACKGROUND: In conjunction with the design of the Upper Meridian Valley Creek Improvements project, the City had obtained two separate easements along part of Upper Meridian Valley Creek, a salmon bearing stream The Jambagians were originally opposed to the project and requested that the City purchase the property encumbered by the easements so that they would not owe property tax on those areas. The City offered to purchase those easements along with additional property associated with Upper Meridian Valley Creek including a 23 foot setback. The Janibagians agreed to sell this property for$20,000 plus$6,500 for a wrought iron gate with a cedar post arch. The money spent for this property not only enables the City to eliminate the flooding over 132"d Avenue S.E. but also the ability to restore this portion of the Upper Meridian Valley Creek including its salmon habitat potential. The bids for this project will be opened on June 4 for which due to short construction window associated with working within fish bearing streams Council at their June I"Council Meeting authorized the Mayor to award. ' Mayor White and Kent City Council I Authorization to buy property June 7,2004 1 I REAL ESTATE PURCHASE AND SALE AGREEMENT This Agreement is entered into between STEVEN P. JANIBAGIAN and JAN D.JANIBAGIAN,husband and wife, whose mailmg address is 23808 132 d Avenue Southeast, Kent, WA 98042 ("Sellers"), and the CITY OF KENT, a Washington municipal corporation, whose mailmg address is 220 4th Ave S, Kent, Washington 98032, ("Buyer'), for in consideration of the covenants and promises set forth herein Recitals WHEREAS, Sellers are the owners of real property located at 23808 132nd Avenue SE, Kent, WA 98042, Tax Parcel No.152205-9033, wluch is burdened by certain recorded easements in favor of Buyer; , WHEREAS, Buyer wishes to purchase the real property underlying the easements and additional property adjacent thereto for public road, storm water and salmon habitat improvements,and WHEREAS, Buyer could initiate condemnation proceedings to acquire from Sellers the needed real property and property rights but for Sellers' willingness to sell the property to Buyer, therefore,based on the foregoing, IT IS HEREBY AGREED as follows , Agreement 1. PROPERTY. For and in consideration of the Purchase Price, Sellers agree to sell and Buyer agrees to purchase the real property, including all improvements and appurtenances situated thereon, comprised of approximately 33,034 square feet, as legally described in Exhibit A attached hereto and incorporated herem by this reference, and depicted for illustrative purposes only in attached Exhibit B(the"Property`} 2. THREAT OF CONDMENATION. The Sellers are selling the Property ' described in Exhibit A under the threat of condemnation by the Buyer 3. PURCHASE PRICE. The purchase price for the Property is Twenty Six Thousand Five Hundred Dollars and No/100 ($26,500 00) plus certain in kind payments described below to be paid as follows (a) Twenty Thousand Dollars and No/100 ($20,000 00)in cash at Closing (b) Six Thousand Five Hundred Dollars and No/100 ($6,500) in cash at Closing for fabrication and installation of gated entry REAL ESTATE PURCHASE AND SALE AGREEMENT—Page 1 of 5 (between City of Kent and Steven P and Jan D Janibagian) (May 11, 2004) (c) The Buyer shall install on Sellers' side of the eastern boundary of the Property, approximately two feet from the property line, a six foot (6') high "no climb horse fence," of the design and quality described in Exhibit C attached hereto and incorporated by 1 reference. Sellers agree to hold harmless, defend and indemnify Buyer against any claims for injury or damages that may be caused as a result of the type of fencing chosen pursuant to this Agreement Buyer agrees that the fence will be installed by June 15, 2004. Seller shall own and maintain said fence after installation by the Buyer is complete (d) The Buyer shall install native vegetation on the west side of and along the entire length of the fence described in section 3(b) For privacy screening purposes, the plantings will be at least 4 foot high at the time of planting The Buyer will use cedar trees/shrubs or similar native plants The Buyer reserves the right to select the species and total number of trees/shrubs to be planted,provided that the spacing between plants shall be such that 1 the trees/shrubs shall provide visual privacy screening of Sellers' property within a reasonable time (e) The Buyer will provide all material and labor to grade and install an asphalt surface over Sellers' existing driveway for a distance of approximately 210 lineal feet eastward from the edge of the existing pavement along 132°d Avenue SE The eastern termination of the asphalt shall be two feet east of the existing gate The asphalt will be at least 10 feet wide per the City's Construction Standards and 3 inches in thickness (f) The Buyer will pay the cost for all surveys and recording fees to delineate and describe the Property and the new common property line between Sellers' and Buyer Buyer will pay all other closing costs associated with this transaction 4. CONTINGENCIES This Agreement is contingent upon (a) Acceptance of its terms by the Kent City Council,and (b) Removal of the deed of trust listed as item Schedule B, section II C 8 from Pacific Northwest Title Company's preliminary title commitment,Order No #397438_ 5. TITLE. (a) Conveyance. At Closing, Sellers shall convey to Buyer fee simple title to the Property by duly executed and acknowledged Statutory Warranty Deed (the "Deed'), free and clear of all monetary defects and encumbrances (b) Title policy. Buyer shall request the title company to issue to Buyer at Closing a standard owner's policy of title insurance insuring Buyer's title to the Property in the full amount of the purchase price subject only to Special Exceptions that do not constitute monetary security interests, liens, assessments or encumbrances (the "Title Policy') For purposes of this Agreement,the term "Special Exceptions"means the special exceptions set forth REAL ESTATE PURCHASE AND SALE AGREEMENT—Page 2 of 5 (between City of Kent and Steven P and Jan D Janrbagian) (Mat,11, 2004) in the Preliminary Title Commitment or the Survey, such as reserved rights and easements, federal patents and state deeds, building code or land use restrictions, and other defects of record that relate to restrictions, conditions, defects or other matters which would not unreasonably interfere with Buyer's intended use of the Property The Title Policy must be dated as of the Closing date 6. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be paid for by the Buyer,except those fees which are expressly limited by Federal Regulation. Sellers shall pay for excise tax and revenue stamps, should they become due for this transaction. Real estate taxes for the current year, rents,mtereA water and other utility charges,if any,shall be pro-rated as of date of Closing unless otherwise agreed 7. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT,this sale shall be closed within ten(10) days of the removal of the contingencies in section 4 ("Closing Date"), unless said Closing date is extended in writing by mutual agreement of the parties("Closing") When notified, the Buyer and Sellers will deposit, without delay, in escrow with Pacific Northwest Title, whose address and telephone number is 116 Washington Avenue North,Kent, Washington 98032-5717, (253) 520- 0805, all instruments and monies required to complete the transaction in accordance with this Agreement. At Closing, all documents will be executed and the sale proceeds will be available for disbursement to the Sellers 8. POSSESSION AND RIGHT OF ENTRY. Buyer shall be entitled to possession on Closing. If Closing has not occurred prior to May 15,2004,Buyer is granted a right of entry on the Property for construction of the fence referenced in section 3 c If Closing has not occurred pnor to June 15, the Buyer is granted a right of entry on the Property for consiruction and maintenance of storm water and salmon habitat improvements. The Buyer agrees to indemnify, defend, and hold the Sellers harmless from and against any and all damages, losses,and expenses arising out of or resulting from any claim, action, or other proceeding that is based upon any negligent act or omission or willful misconduct of the Buyer or its employees or agents, arising in connection with the right of entries granted above The parties agree that the unprovements made by Buyer for storm water and salmon habitat will not be considered"damage"under this indemnification 9. COMMISSION. Neither the Sellers nor the Buyer are represented by a real , estate broker in this transaction 10. DEFAULT AND ATTORNEY'S FEES. If either party defaults hereunder,the non-defaulting party shall have all the rights and remedies available at law or in equity In the event of litigation or a claim of any kind to enforce any of the terms or provisions herein, each party shall be responsible to pay all of its attorney's fees and costs incurred in bringing or defending the claim or suit. REAL ESTATE PURCHASE AND SALE AGREEMENT—Page 3 of 5 (between City of Kent and Steven P and.Ian D .Iambagian) (May 11, 2004) i 11. NOTICES All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S certified mail, return receipt requested, or by facsimile transmission addressed as set forth below (a) All notices to be given to Buyer shall be addressed as follows Don Wickstrom Public Works Director City of Kent 220 Fourth Avenue South Kent,Washington 98032-5895 (b) All notices to be given to Sellers shall be addressed as follows Steven P Jambagian and Jan D.Jam'bag►an 23808 132°d Avenue Southeast Kent, WA 98042 Either party may, by written notice to the other, designate such other address for the giving of notices as being necessary All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 13. ENTIRE AGREEMENT. This Agreement, including all mcorporated exlubits, constitutes the full understanding between Sellers and Buyer There have been no verbal or other agreements that modify this Agreement. 14. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall not be deemed merged and shall survive the Closing of this transaction 15. MUTUAL ACCEPTANCE. For the purposes of this Agreement, mutual acceptance shall be the last date on which the parties to tlus Agreement have executed this Agreement as indicated below 16. CONFIDENTIALITY. Prior to Closing,neither party will distribute or divulge, or allow its agents or consultants to distribute or divulge, to other persons the information or materials Buyer generated in connection with tlus transaction except as may be required by law 17. FACSIMILE SIGNATURES. Facsimile signatures on this Agreement will be considered originals. li REAL ESTATE PURCHASE AND SALE AGREEMENT—Page 4 of 5 (between City of Kent and Steven P and Jan D Janibagian) (May 11, 2004) i IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below BUYER: SELLERS: CITY OF KENT STEVE P.AND JAN D.JANIBAGL4N By By: Steven P.Janibagian Jun White, Mayor By. Dated Jan D Janibagian Dated APPROVED AS TO FORM: By Kent City Attorney 1 P%Cnda.MM%0PC2FIkSWI" �II-W&C i ! ! REAL ESTATE PURCHASE AND SALE AGREEMENT—Page 5 of 5 (between City of Kent and Steven P and Jan D Jarabagtan) (May 11, 2004) Exhibit A That portion of the north half of the southwest quarter of the southwest quarter of the southwest quarter of Section 15, Township 22 North, Range 5 East, W M , King County, Washington, described as follows Commencing at the southwest corner of said Section 15;thence NO 009'26"E, along the west line thereof, 330 62 feet to the southwest comer of the north half of the southwest quarter of the southwest quarter of the southwest quarter of said Section 15; thence S89000'08"E, along the south line of said subdivision, 30 00 feet to the east line of the west 30 00 feet of said subdivision and the TRUE POINT OF BEGINNING of the herein described tract;thence N01009'26"E, along said east line, 312 61 feet to the south line of the north 18 00 feet of said north half; thence S88"59'55"E, along said south line, 40 00 feet;thence S01"09'26'W 56.00 feet, thence S30049'53"E 302 03 feet, more or less,to a point on the south line of said north half, 200 00 feet distant from the TRUE POINT OF BEGINNING; thence N89"00'08"W, along said south line, 200 00 feet to the TRUE POINT OF BEGINNING. Containing 33,034 square feet ASO ...., to 2• w �pryy • 'f.��arc►�' t tAtiO �Iois,a►pv.f$ Zoo` �1�3t q PM�OF111 I IP a 21ft ifs is rsiwi omlua i jf' .� S1M11(SD AWIbW! -JJ B�WIYVI�rIM AN 141r Ip CI! F v,...n s• A i rem r�nrxcu,m� , EXHIBIT B i..e= •�^�w CFfH{�APpJVEIOIIE IENurr PAOv9tn BdMuwr �>> Exhibit C to REAL ESTATE PURCHASE AND SALE AGREEMENT Specifications for"Non Climb Wire Mesh"Boundary Line Fence Posts: • 6x6x10 foot non-treated tight knot rough cedar line, end,and comer posts, including corner braces • 72 inches above ground height • 8 foot on-center spacing • 5/8" crushed rock footing—30" depth,6" depth native soil • compacted earth footing to surface level Ton Rail: • 2 inch x 6 inch tight knot or better cedar rails to match posts • Non-treated cedar to match posts Fence Fabric: • 2 inch a 4 inch vertical mesh pattern, 14 gauge galvanized high tensile steel • 12.5 gauge galvanized steel line and stay wires • Fence fabric to be installed all the way down to the ground Construction Details: • Diagonal brace all corner and end posts with posts • 518" crushed rock footings for all posts • Staple bracket fence fabric to posts to allow for movement Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: LID 352 CHARGE IN LIEU OF ASSESSMENT—APPROVE 2. SUMMARY STATEMENT: Authorize the Public Works Department to establish a charge in lieu of assessment for storm sewer connection for the affected properties. 3. EXHIBITS: Public Works Director's Memorandum and Map 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H 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 H N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: June 7, 2004 TO: Public Works Committee FROM: Don Wickstrom SUBJECT: L I D. 352- South Kent Storm Sewers (1st, 3`d, 5tn Ave. North of S 259th St) Charge in Lieu of Assessment MOTION Authorize the Public Works Department to establish a charge in lieu of assessment for storm sewer connection for the affected properties as shown on the attached map. SUMMARY: The City funded the L I D. 352 assessments for storm sewer for several undevelopable properties encumbered with wetlands. The request is to establish a charge in lieu of assessment to allow the City to recuperate it's cost from these properties were they to become developable BUDGET IMPACT• No Unbudgeted Fiscal/Personnel Impact BACKGROUND: LID 352 constructed a storm sewer and assessed the properties as shown on the attached map Several properties are encumbered with wetlands and are therefore not developable. The assessments associated with these properties were picked up by the City It is our understanding that Corp of Engineers has relinquished its wetland designation on these parcels although we have not seen any official confirmation documentation. If that is the case and they also do not meet the City's or State's classification for wetlands the Public Works Department wants to recuperate the cost of the assessments upon the properties developing and connecting to the City's storm system The details are as follows: assessment number parcel number assessment amount 12 000660-0079 $30,981.26 13 000660-0081 $48,640.44 Total $79,621.70 Public Works Committee I LID 352 charge in lieu of assessment June 7,2004 -STH AVE © p m ` I 1 C 3RD A 1 � I too ® O 3 I Ca � a w..Y�•. i rn s El@j _ -�'-�---�---------- ------o'----'o-------� E.N S.F.R._R_. .�. �.,...,., .. . �. �.�•_ ..=.n.xn.rnx.nxx.w..xwwwxxxwxnxxi��M,�.�xwx� I ; U-4 r �m N 1 Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: INTERLOCAL AGREEMENTS WITH CITIES OF FEDERAL WAY AND MILTON FOR FLEET SERVICES INCLUDING ASSOCIATED FULL TIME EQUIVALENTS —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign two separate Interlocal Agreements to provide Fleet Services to the Cities of Federal Way and Milton as requested by those cities, and authorize and establish the 2004 budget and personnel for same. 3. EXHIBITS: Public Works Director's Memorandum, Public Works Operations Manager Memorandum, Cost Comparison and Agreements 4. RECOMMENDED BY: Public Works Director (Committee, Staff,Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund 5100 5540 Amount $ 103,500 Unbudgeted Revenue: Fund 5100 5540 Amount $ 103,500 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I 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 WASSHINGTON Kent,WA 98032-5895 DATE: June 2,2004 TO: Mayor White and Kent City Council FROM: Don Wickstrom,Public Works Director THROUGH: Larry R. Blanchard,Public Works Operations Manager SUBJECT: Interlocal Agreements with City of Federal Way and City of Milton MOTION: Recommend that the City Council authorize Mayor White to sign two separate interlocal agreements to provide fleet services to the Cities of Federal Way and Milton as requested along with authorizing and establishing the 2004 budget and personnel for same. SUMMARY: The City of Federal Way and the City of Milton have requested that the City of Kent Fleet Services Section perform maintenance and repair to the fleet of each jurisdiction.To provide this service an inter-local agreement with each jurisdiction is required. The agreements,as proposed,will be beneficial to all Cities The City of Kent will receive revenues which not only offsets the cost of providing the services but will also enhance services provided to its own fleet while the Cities of Federal Way and Milton will obtain experienced, excellent maintenance and repair services at a reasonable rate. BUDGET IMPACT: The 2004 and the 2005 budgets are estimated respectively at$103,500 and $122,000. Both the revenues and expenses associated therewith are to be part of the Fleet Services operating budget. Rates charged to Federal Way and Milton more then offset the costs of providing the service. With the two personnel proposed to be hired and paid for under this program it is estimated that jabout 1916 labor hours will be available to work on Kent's fleet. This thusly provides a positive benefit to the city. BACKGROUND: Both Cities of Federal Way and Milton have asked for services specifically related to radio equipment and new unit setup Kent has a highly qualified radio technician and mamtenance/repair technicians with many years of experience and expertise with government fleets in the design and development of new units. The City of Kent will recover costs through an 18%markup on labor and a 12%markup for parts. The profit will be the availability of an equivalent of 1 FTE to work on Kent's Fleet. Presently Kent's equipment to mechanic ratio is 134.1 for which the national average is 65-75:1. It should be Mayor While and Kent City Council 1 Interlocal Agreement(Federal Way&Milton) P IDperawns/Fleet/FEDERAL WA YPROPOSAUmterlocal agreement memo to un committee doc noted that without the availability of the additional FTE for Kent's fleet the Public Works Department would not be recommending this proposal to Council.. Work will be performed on an"as requested"basis. The Inter-local Agreement was written with the intent to allow any and all fleet services type work requests so Kent can provide a wide range of maintenance services to both Federal Way and Milton. Kent can then provide any and all types of repairs and maintenance both mechanical and communication systems expertise. Mayor White and Kent City Council 2 Interlocal Agreement(Federal Way&Milton) P/Operations/Fleet/FEDERAL WA YPROPOSALrnterlocal agreement memo to pwcatmmntee doc i PUBLIC WORKS Don E.Wickstrom, Director OPERATIONS DIVISION Larry R Blanchard, Manager K E N T Phone:253-856-5656 W A S M I N G T O N Fax: 253-856-6600 Mailing Address 220 Fourth Avenue South Kent,WA 98032-5895 Location Address: 5821 South 240th Date June 1,2004 To. Don Wickstrom,Public Works Director From Larry R Blanchard,Public Works Operations Manager Re Inter-local Agreements Federal Way and Milton for providing Fleet Services Subject. Recommendations for Approval iThe Cities of Federal Way and Milton have asked the City of Kent-Public Works Department-Operations Division-Fleet Section, hereinafter referred to as Fleet Services to provide fleet maintenance for their respective Police Departments The services requested include radio equipment and new vehicle/equipment set-up along with any other maintenance requested by the individual agency. To provide fleet maintenance service for both Federal Way and Milton will require an additional I400 hours of radio technician/mechanic work and 348 hours of parts assistance work Filling these recommended positrons would improve the cities overall equipment/mechanic ratio to 121 1 Fleet Services currently has four mechanics and one radio technician/mechanic with equipment to mechanic ratio of 134 1,and a radio to radio technician/mechanic of 815 1 National averages for these ratios range from 65-75 1 equipment to mechanic, and there are no known statistics for radios to radio technician ratios To pay for these proposed positrons Fleet Services has developed a rate structure that will provide the revenue for these positrons at no cost to the City The rates paid by Federal Way and Milton will provide the funding for these positions Since each position provides approximately 1,832 hours of work time the total hours available are 3,672 by the end of the second year of this program, 1,748 hours would be spent on Federal Way and Milton work, and Fleet Services will be able to use 1,916 hours of work time on City of Kent work See Table I for a cost estimate of the program based on the work requested to date Also,some interior space modifications will be required to accommodate the additional work to be performed for Federal Way and Milton, these modifications will also to be paid for through the rates charged to these agencies in the first years of the program The cost for these improvements will be paid for from existing line items in the fleet budget, revenue received will then reimburse these accounts to compensate for the expenditures In the event a supplemental budget is required Operations will submit this information to the Finance Department when required Since this is a prime opportunity to help offset the cost of fleet maintenance Fleet Services worked with the City of Kent Law Department, and the Law Departments or representatives of Federal Way and Milton to prepare a mutually agreeable inter- local agreement for approval by each agency The mayor's signature is required to authorize Fleet Services to proceed with the services outlined in the agreement.The City of Kent Law Department has approved these documents as to form and content C:\Documents and SettmgsllperscheklLocal Settings\Temporary Internet FilesWederal WayMilton ContractsLdoc Page 1 RECOMMENDATIONS 1) Authorize the Mayor to sign the Inter-local Agreements for Fleet Services to provide fleet maintenance services described in the agreements to the City of Federal Way,and the City of Milton. 2) Approve the immediate recruitment for a mechanic/radio technician Some work will be done on both Federal Way and Milton equipment as required to keep them operational, but we will not be able to complete all of the work requested until the new position is filled. 3) Authorize the placement of the new parts assistant in the 2005 Budget so that the position can be filled as soon as we are able to in 2005. Attachments Inter-local Agreement Memorandum Inter-local Agreement Federal Way Inter-local Agreement Milton Table I Revenue and Cost Comparison C(Documents and SettmgsllperschekU4cal SettingslTemporary Internet FilesTederal WayNhlton Contracts2.doc Page 2 � S 2 E - Ln c _ c CD @ q � « � § Clfo . § a 0 c 0 k _ 0 2 _ % / / v � % / m K ` $ oa � � oc � � # � o � a0 o � � y 2 c o — 41 m ■ c c o o 14 _ o ccy L § c � / � K / r % Ln z , p a — O c } _ • R p@ 3 = — p c = a @ « 0 = § � 5 — = � $ su = = W : — - = .4 3m0 § 2 � t § � cb 'd .0 / § � � _ � « z � m = o = _ w i i o ■ � / f v / § i _ \ f % Q v k M ® \ § t t % u � o o »-4 e � i u v o i e LL 0 2 0 — m W t o = ® o u o e o — m = o % / g aU » Rro -0 / \ � § Ln � 2 � -4 � ® 0 3 — v ® — a :11S %4 ® » . � / / / � E \ » � � ® � :3'afu \ k / ° � 2k7aj § 0 0 o A o o &0 5 b c » 0 0 3 0 0 m o »0 = u m fu cu @ _ � e � ® UjU— Lu3: m eL ® UJLLF- Q. le = » r4 n v Ln N n * Ln oLU � SEE 8S8 ) Lu > V- �CD ko CD \ @ ) § 1-1 § _ + �� ( / 0 ) � � k ) k ui z 0 75r \ t \ LuS £ 22 § k ) v § z 0E I \ % \ @ C6 E E C 2 § 5 % 30 2 $ � � � -4 / $ � �� CL 22 $ m § (A ( \ » ) / 0) k \ @ ko � k % 3 4a � Interlocal Agreement Page 1 After recording,return to- ice Way CityAttorney's Office 22520 1"Way S. PO Box 9718 Federal Way, WA 98063-9718 INTERLOCAL AGREEMENT BETWEEN CITY OF KENT AND CITY OF FEDERAL WAY FOR VEHICLE EQUIPMENT MAINTENANCE AND REPAIR SERVICES AS REQUESTED This Agreement, made and entered into this day of , 2004, by and between City of Kent, Washington, a municipal corporation (hereinafter referred to as "Kent") and City of Federal Way, Washington, a municipal corporation (hereinafter referred to as "Federal Way"), (collectively "Parties"). WITNESSETH that: A. The Interlocal Cooperation Act, as amended,and codified in Chapter 39.34 of the Revised Code of Washington provides for Interlocal cooperation between governmental agencies; and B. Federal Way desires to obtain professional services as set forth herein for the installation, maintenance, and repair of Federal Way's emergency vehicle equipment; and C. Kent has the ability and capacity to provide installation,maintenance and repair services,as , outlined herein, and is willing to extend such service to Federal Way on the terms and conditions outlined herein; and D. The Parties believe that the provision of services to Kent by Kent as set forth herein will allow an efficient method of reducing maintenance and repair costs; and E. A cooperative effort between the parties is essential to ensure that the purposes of this ' Agreement are fulfilled. NOW,THEREFORE,for and in consideration of the procedures contained herein performed and to be performed, the Parties hereto agree as follows: 1. Definitions As used herein,the following terms shall have the following meanings: Interlocal Agreement Page 2 a. "Abuse"shall mean any damage to vehicle equipment caused by misuse or neglect by the equipment operator or other persons. b "Dead-lined"shall mean any vehicle equipment,which cannot be operated unless repairs are made. c. "Disposal'or"Surplused"shall mean a process by which vehicle equipment,are sold, transferred,or discarded. d. "Maintenance and repair" shall mean those services performed for the purpose of sustaining proper function and value of vehicles and vehicle equipment. Maintenance and repair is divided into scheduled and unscheduled services,defined as follows: (i) "Scheduled services"shall mean planned and prearranged services such as set-up, repairs,updates,modifications,preventive maintenance,and removal-from-service. (n)"Unscheduled services" shall mean those services performed to remedy an immediate unexpected failure, which makes the vehicles and vehicle equipment, inoperative or unsafe, including, but not limited to, electrical shorts, defective brackets, or component failure. e. "Modification"shall mean the alteration,addition,adjustment,or deletion of the original physical structure of vehicle equipment. f "Out-of-service" shall mean vehicle equipment that has been terminated and is the custody of either Kent or Federal Way Fleet Services. g. "Parts" or "Supplies" shall mean those items used while performing installation, maintenance or repair. h. "Recommended repair"shall mean a repair needed to fix a diagnosed problem that does inot immediately affect the function of the vehicle equipment, but would most likely increase the useful life of the vehicle equipment and prevent major repairs in the future. i. "Restricted service"shall mean any vehicle equipment,which has been diagnosed with a problem that requires immediate attention,including,but not limited to,a problem that increases in seventy with time and use,or a problem that will become a safety issue. If a vehicle or vehicle equipment is in restricted service,the unit may not be operated for its intended use,but may be driven directly to a repair facility. Interlocal Agreement Page 3 j. "Set-up" shall mean the preparation and installation of vehicle equipment and/or components. The set-up of vehicle equipment shall include design,ordering,component development,installation,trouble-shootmg,and testing of installed accessory equipment. k. "Temporary Repair"shall mean a short-term repair made in order to return the vehicle equipment to immediate service while waiting for more permanent repair services. A temporary repair shall be identified as a scheduled or unscheduled repair service for work order purposes. 1. "Vehicle Equipment" shall include lightbars, radios, camera systems, modems, cell ' phones, GPS, gun racks, radar, push bumpers, partitions, transport seats, strobes, flashers, window bars, K-9 equipment, computers, VRMs, center consoles, sirens/PA, and communication equipment. in. "Warranty"shall mean any promises or guarantees made by the manufacturer or vendor. 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions by which Kent shall perform maintenance and repair services ("Services") for Federal Way,and by which Federal Way will compensate Kent for such Services. 3. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue in effect until terminated. Either party may terminate this Agreement by giving sixty(60) days written notice to the other. 4. Kent's Services. Kent agrees to provide the following Services: a. Maintenance and repair. Kent will provide maintenance and repair services as requested by the City of Federal Way. Hours of operation may vary as agreed to by both Parties. The normal working hours of Kent Fleet Operation Shops are Monday through Friday, 6:00 am to 2:30 pm. b. Preventative maintenance. Kent agrees to perform preventative maintenance services as requested by Federal Way. Preventative maintenance is considered a scheduled service and will be performed on and agreed upon,prior arranged service date and time. Federal Way will contact Kent to schedule the work and deliver the vehicle equipment to Kent's repair facility. c. Unscheduled maintenance. Kent agrees to perform unscheduled maintenance services as , requested by Federal Way. Federal Way may arrange for unscheduled maintenance by telephone,email,or radio. Turnaround time for unscheduled repairs will be as soon as possible. Kent will provide an estimated completion time as soon as the problem is analyzed and parts availability determined. Interlocal Agreement Page 4 d. Temporaryepairs. Kent agrees to perform non-safety related temporary repairs as requested by Federal Way When a temporary repair is performed, Federal Way will schedule for permanent repair. e. Abuse. Kent agrees to report those known and/or suspected cases of vehicle equipment abuse to Federal Way. f. Other Equipment. Kent Fleet Services staff is available to repair and maintain other vehicle equipment as requested. g. Training. Kent may assist Federal Way by suggesting specific training needs that may come to the attention of Kent's Fleet Services staff. Federal Way may request introductory operator training for new vehicle equipment. h. Liaison. Upon request of Federal Way, Kent will act as liaison between Federal Way and other agencies and vendors, as authorized. i. Optional parts. Kent will install and remove optional parts and equipment on vehicles as requested. j Additional services. Kent will provide additional services as may be mutually agreed upon by the Parties. k Reporting. Kent will provide Federal Way with reports reflecting the actual services performed and the cost of the provided services. The reports will indicate the monthly and year-to-date totals for all categories of services described in the Agreement. 1. Disposal. Federal Way will manage all surplus and disposal processes for Federal Way vehicle equipment. Kent will assist in the evaluation of vehicle equipment at the request of Federal Way. 5. Standard of Care All obligations and Services of Kent undertaken pursuant to this Agreement shall be performed diligently and completely in accordance with professional standards of conduct and performance. . To the extent allowed by budgeted funds, Kent staff will remain technologically current and updated, keeping abreast of any new innovations, applications, techniques, and equipment related to fleet management. Kent Fleet Services mechanics and technicians will attend factory service schools or other training as needed,when available, and as training funds are available. 6. Federal Way's Responsibilities. Federal Way agrees to the following: Interlocal Agreement Page 5 a. Delivery. Federal Way agrees to perform the pick-up and delivery of vehicle equipment to and from Kent's facility. b. Reporting. Federal Way agrees to report vehicle equipment malfunctions and other needed repairs to Kent as soon as practical. c. Training. Federal Way will provide equipment training to its staff and will educates its employees on the proper way to operate, maintain, and inspect assigned vehicle equipment. d. Vehicle equipment misuse. Federal Way will endeavor to rnimmize the improper , operation of vehicle equipment and Fleet Services will promptly report to Kent any instances of abuse it discovers. e. Equipment modifications. Federal Way will notify Kent of any equipment repairs or modifications completed by any other entity besides Kent on the vehicle equipment covered by this Agreement. 7. Scheduling of Services All Services shall commence with a service request made by Federal Way to the Kent Fleet Services Shop Supervisor. Federal Way shall notify Kent Fleet Services Shop Supervisor in advance of canceling an appointment. The operational requirements of both Federal Way and Kent will be taken into consideration when scheduling repairs and maintenance. 8. Conpensation. No single work order shall exceed $10,000 without prior approval from ' Federal Way. In consideration of Kent performing the Services,Federal Way agrees to pay Kent an amount calculated as follows: a Hourly Rate. The rate to be charged in 2004 is$51.75 per hour. This rate is calculated on the basis of an average of current technician salaries and benefits plus an 18%markup for administration and overhead. The Hourly rate shall be reviewed annually and may be adjusted to meet salary and benefit adjustments related to COLA or market adjustments. b. Parts and Supplies. Parts and supplies will be charged on each work order as the actual cost of parts plus a 12%markup for parts services. c. Responsibility for Taxes. The Parties acknowledge that each is responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. Interlocal Agreement Page 6 d. Materials and Supplies. The Parties shall provide, at their sole expense, all materials, office space, and other necessities to perform their respective duties under this Agreement unless otherwise specified in writing. 9. Method of Payment. Payment by Federal Way for the Services will only be made after the Services have been performed, a work order is submitted in the form specified by Federal Way, which work order shall specifically describe the Services performed, the name of Kent's Fleet Services staff performing such Services,the hourly labor charge rate for such staff, and the same is approved by the Federal Way. Payment shall be made on a monthly basis,thirty(30) days after receipt of such work order. All work orders shall be subject to review for mutually agreed upon adjustments. 10. Books and Records. Kent agrees to maintain books, records, and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services. These records shall be subject,at all reasonable times,to review by Federal Way. 11. Contact Persons. The Parties stipulate that the following persons shall be the contact person for their respective jurisdiction. a. City of Kent: Kent Fleet Superintendent Kent, WA (253) 856-5680 b. City of Federal Way: Quartermaster City of Federal Way Department of Public Safety 34008 9 h Avenue South Federal Way, WA 99003-6791 12. Annual Review. The Parties agree to review semiannually the effectiveness of this Agreement and to evaluate performance. One such review shall occur approximately six months before the submission of the operating budgets of Kent and Federal Way to aid the budget preparation process. 13. Compliance with Laws. Each party accepts responsibility for compliance with federal,state, or local laws and regulations. Interlocal Agreement Page 7 14. Indemnification. a. Kent Indemnification. Kent agrees to mdemnify, defend and hold the Federal Way, its elected officials, commissioners, officers, employees, agents, and volunteers harmless from any and all claims,demands,losses,actions and liabilities(including costs and all attorney fees)to or by any and all persons or entities,including,without limitation,their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of Kent,its elected officials,commissioners,officers,employees,agents,and volunteers,or by Kent's breach of this Agreement. b. Federal Way Indemnification. Federal Way agrees to indemnify,defend and hold Kent, its elected officials,commissioners,officers,employees,agents and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees)to or by any and all persons or entities,including without limitation,their respective agents,licensees,or representatives,arising from,resulting from or connected with this Agreement to the extent caused by the negligent acts,errors,or omissions of the City of Federal Way,its elected officials,commissioners,officers,employees,agents and volunteers, or by Federal Way's breach of this Agreement. c. Survival. The provisions of this Indemnification Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 15. General Provisions. a Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. b Filing. A copy of this Agreement shall be filed with the City Clerks for Kent and Federal Way and recorded with the King County Auditor. c. Amendments. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. d. Severability. If one or more of the clauses of this Agreement is found to be unenforceable, illegal, or contrary to public policy, the Agreement will remain in full ' force and effect except for the clauses that are unenforceable, illegal, or contrary to public policy. Interlocal Agreement Page 8 e. Assignment. Neither Kent nor Federal Way shall have the right to transfer or assign,in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. f. Successors in Interest. Subject to the foregoing Subsection,the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest,heirs, and assigns. g. Attorneys' fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attomeys'fees, costs and expenses. h. No waiver. Failure of Federal Way to declare any breach or default immediately upon the occurrence thereof,or delay in taking any action in connection with,shall not waive such breach or default. i Applicable Law. Washington law shall govern the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit arising out of this Agreement. j. Confidentiality. All information regarding Federal Way obtained by Kent in performance of this Agreement shall be considered confidential to the fullest extent allowable under the law In the event that Kent receives a public records request for records covered by or related to this Agreement,Kent agrees to provide Federal Way 14 days notice prior to Kent's release of any records. k. Authority. Each individual executing this Agreement on behalf of Kent and Federal Way represents and warrants that such individuals are duly authorized to execute and deliver the Agreement on behalf of Kent or Federal Way. 1. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail,postage prepaid,to the address set forth below. Any notice so posted in the Umted States mail shall be deemed received three (3) days after the date of mailing in. Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor n. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No Interlocal Agreement Page 9 ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. IN WITNESS WHEREOF the Parties have hereunto placed their hand and seals on the day and year indicated below. CITY OF KENT CITY OF FEDERAL WAY BY: BY: Jim White, Mayor ,City Manager Date: Date: ATTEST: This day of ATTEST: This day of ,20 , 20 Brenda Jacober,CMC [name] Kent City Clerk Federal Way City Clerk Approved as to Form Approved as to Form for City of Kent for City of Federal Way Tom Brubaker, City Attorney P./Operations/Fleet/FEDERAL WAY PROPOSAL/Interlocal agreement federal way draft.doc i Interlocal Agreement Page 1 After recording,return to Milton City Attorney's Office i WA iINTERLOCAL AGREEMENT BETWEEN CITY OF KENT AND ' CITY OF MILTON FOR VEHICLE EQUIPMENT MAINTENANCE AND REPAIR SERVICES AS REQUESTED ' This Agreement, made and entered into this _day of ,2004,by and between City of Kent, Washington, a municipal corporation (hereinafter referred to as "Kent") and City of Milton, Washington, a municipal corporation (hereinafter referred to as "Milton"), (collectively "Parties"). WITNESSETH that: iA. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation between governmental agencies; i and B. Milton desires to obtain professional services as set forth herein for the installation, imaintenance, and repair of Milton's emergency vehicle equipment; and C. Kent has the ability and capacity to provide installation,maintenance and repair services,as i outlined herein, and is willing to extend such service to Milton on the terms and conditions outlined herein; and D. The Parties believe that the provision of services to Kent by Kent as set forth herein will allow an efficient method of reducing maintenance and repair costs;and E. A cooperative effort between the parties is essential to ensure that the purposes of this Agreement are fulfilled. ' NOW,THEREFORE,for and in consideration of the procedures contained herein performed and to be performed, the Parties hereto agree as follows: i1. Definitions. As used herein, the following terms shall have the following meanings: Interlocal Agreement Page 2 a. "Abuse"shall mean any damage to vehicle equipment caused by misuse or neglect by the equipment operator or other persons. b. "Dead-lined"shall mean any vehicle equipment,which cannot be operated unless repair , are made. c. "Disposal'or"Surplused"shall mean a process by which vehicle equipment, are sold, transferred, or discarded. d. "Maintenance and repair" shall mean those services performed for the purpose of ' sustaining proper function and value of vehicles and vehicle equipment. Maintenance and repair is divided into scheduled and unscheduled services,defined as follows: (i) "Scheduled services" shall mean planned and prearranged services such as set-up, ' repairs,updates,modifications,preventive maintenance,and removal-from-service. (it)"Unscheduled services" shall mean those services performed to remedy an immediate unexpected failure, which makes the vehicles and vehicle equipment, inoperative or unsafe, including, but not limited to, electrical shorts, defective brackets, or component failure. e. "Modification"shall mean the alteration,addition,adjustment,or deletion of the original physical structure of vehicle equipment. f. "Out-of-service" shall mean vehicle equipment that has been terminated and is the custody of either Kent or Milton Fleet Services. g. "Parts" or "Supplies" shall mean those items used while performing installation, maintenance or repair. h. "Recommended repair"shall mean a repair needed to fix a diagnosed problem that does not immediately affect the function of the vehicle equipment, but would most likely increase the useful life of the vehicle equipment and prevent major repairs in the future. i. "Restricted service"shall mean any vehicle equipment,which has been diagnosed with a problem that requires immediate attention, including,but not limited to, a problem that increases in seventy with time and use,or a problem that will become a safety issue. If a vehicle or vehicle equipment is in restricted service,the unit may not be operated for its intended use,but may be driven directly to a repair facility. 1 ' Interlocal Agreement Page 3 j. "Set-up" shall mean the preparation and installation of vehicle equipment and/or components. The set-up of vehicle equipment shall include design,ordering,component development,installation,trouble-shooting,and testing of installed accessory equipment. ' k. "Temporary Repair"shall mean a short-term repair made in order to return the vehicle equipment to immediate service while waiting for more permanent repair services. A ' temporary repair shall be identified as a scheduled or unscheduled repair service for work order purposes. 1. "Vehicle Equipment" shall include lightbars, radios, camera systems, modems, cell phones, GPS, gun racks, radar, push bumpers, partitions, transport seats, strobes, flashers,window bars,K-9 equipment, computers,VRMs, center consoles,sirens/PA, and commumcation equipment. in. "Warranty"shall mean any promises or guarantees made by the manufacturer or vendor. ' 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions by which Kent shall perform maintenance and repair services("Services") for Milton,and by which Milton will compensate Kent for such Services. 3. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue in effect until terminated. Either party may terminate this Agreement by giving sixty(60)days written notice to the other. 4. Kent's Services. Kent agrees to provide the following Services: ' a. Maintenance and repair. Kent will provide maintenance and repair services as requested by the City of Milton. Hours of operation may vary as agreed to by both Parties. The ' normal working hours of Kent Fleet Operation Shops are Monday through Friday,6:00 am to 2:30 pm. b. Preventative maintenance. Kent agrees to perform preventative maintenance services as requested by Milton. Preventative maintenance is considered a scheduled service and will be performed on and agreed upon,prior arranged service date and time. Milton will contact Kent to schedule the work and deliver the vehicle equipment to Kent's repair facility. ' c. Unscheduled maintenance. Kent agrees to perform unscheduled maintenance services as requested by Milton. Milton may arrange for unscheduled maintenance by telephone, email, or radio. Turnaround time for unscheduled repairs will be as soon as possible. Kent will provide an estimated completion time as soon as the problem is analyzed and parts availability determined. Interlocal Agreement Page 4 ' d. Temporaa repairs. Kent agrees to perform non-safety related temporary repairs as ' requested by Milton. When a temporary repair is performed,Milton will schedule for permanent repair. , e. Abuse. Kent agrees to report those known and/or suspected cases of vehicle equipment abuse to Milton. 1 f. Other Equipment. Kent Fleet Services staff is available to repair and maintain other vehicle equipment as requested. g. Tramm . Kent may assist Milton by suggesting specific training needs that may come to the attention of Kent's Fleet Services staff. Milton may request introductory operator ' training for new vehicle equipment. h. Liaison. Upon request of Milton, Kent will act as liaison between Milton and other ' agencies and vendors, as authorized. i Optional parts. Kent will install and remove optional parts and equipment on vehicles as ' requested. j. Additional services. Kent will provide additional services as may be mutually agreed , upon by the Parties. k. Reporting Kent will provide Milton with reports reflecting the actual services , performed and the cost of the provided services. The reports will indicate the monthly and year-to-date totals for all categories of services described in the Agreement. 1 Disposal, Milton will manage all surplus and disposal processes for Milton vehicle ' equipment. Kent will assist in the evaluation of vehicle equipment at the request of Milton. 5. Standard of Care. All obligations and Services of Kent undertaken pursuant to this ' Agreement shall be performed diligently and completely in accordance with professional standards of conduct and performance. . To the extent allowed by budgeted funds,Kent ' staff will remain technologically current and updated, keeping abreast of any new innovations, applications, techniques, and equipment related to fleet management. Kent Fleet Services mechanics and technicians will attend factory service schools or other training ' as needed, when available, and as training funds are available. 6. Milton's Responsibilities. Milton agrees to the following: ' 1 Interlocal Agreement ' Page 5 a. Delivery Milton agrees to perform the pick-up and delivery of vehicle equipment to and from Kent's facility. ' b. Reporting. Milton agrees to report vehicle equipment malfunctions and other needed repairs to Kent as soon as practical. ' c. Training. Milton will provide equipment training to its staff and will educates its employees on the proper way to operate, maintain, and inspect assigned vehicle equipment. ' d. Vehicle equipment misuse Milton will endeavor to minimize the improper operation of vehicle equipment and Fleet Services will promptly report to Kent any instances of abuse it discovers. e. Equipment modifications. Milton will notify Kent of any equipment repairs or modifications completed by any other entity besides Kent on the vehicle equipment covered by this Agreement. 7. Scheduling of Services. All Services shall commence with a service request made by Milton to the Kent Fleet Services Shop Supervisor. Milton shall notify Kent Fleet Services Shop Supervisor in advance of canceling an appointment. The operational requirements of both ' Milton and Kent will be taken into consideration when scheduling repairs and maintenance. 8. Compensation No single work order shall exceed $10,000 without prior approval from Milton. In consideration of Kent performing the Services, Milton agrees to pay Kent an amount calculated as follows: a. Hourly Rate. The rate to be charged in 2004 is$51.75 per hour. This rate is calculated on ' the basis of an average of current technician salaries and benefits plus an 18%markup for administration and overhead. The Hourly rate shall be reviewed annually and may be adjusted to meet salary and benefit adjustments related to COLA or market adjustments. b. Parts and Supplies. Parts and supplies will be charged on each work order as the actual PP PP g cost of parts plus a 12%markup for parts services. c. Responsibility for Taxes. The Parties acknowledge that each is responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and ' payment of this Agreement. d. Materials and Supplies. The Parties shall provide, at their sole expense, all materials, ' office space,and other necessities to perform their respective duties under this Agreement unless otherwise specified in writing. Interlocal Agreement ' Page 6 9. Method of Payment. Payment by Milton for the Services will only be made after the Services have been performed, a work order is submitted in the form specified by Milton, which work order shall specifically describe the Services performed, the name of Kent's ' Fleet Services staff performing such Services,the hourly labor charge rate for such staff,and the same is approved by the Milton. Payment shall be made on a monthly basis,thirty(30) days after receipt of such work order. All work orders shall be subject to review for ' mutually agreed upon adjustments. 10. Books and Records. Kent agrees to maintain books, records, and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services. These records shall be subject, at all reasonable times,to review by Milton. 11. Contact Persons. The Parties stipulate that the following persons shall be the contact person ' for their respective junsdiction. a. City of Kent: ' Kent Fleet Superintendent ' Kent,WA (253) 856-5680 ' b. City of Milton: City of Milton Department of Public Safety ' Milton, WA ' (253) 922-8735 12. Annual Review. The Parties agree to review semiannually the effectiveness of this , Agreement and to evaluate performance. One such review shall occur approximately six months before the submission of the operating budgets of Kent and Milton to aid the budget preparation process. 13. Compliance with Laws. Each party accepts responsibility for compliance with federal,state, , or local laws and regulations. 14. Indemnification. ' ' Interlocal Agreement Page 7 a. Kent Indemnification. Kent agrees to indemnify,defend and hold the Milton,its elected officials,commssioners,officers,employees,agents,and volunteers harmless from any and all claims, demands,losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or ' omissions of Kent,its elected officials,commissioners,officers,employees,agents,and volunteers, or by Kent's breach of this Agreement. b. Milton Indemnification. Milton agrees to indemnify,defend and hold Kent, its elected officials,commissioners,officers,employees,agents and volunteers harmless from any and all claims,demands,losses,actions and liabilities(including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents,licensees,or representatives,arising from,resulting from or connected with this Agreement to the extent caused by the negligent acts,errors,or omissions of the Milton, its elected officials, commissioners, officers, employees, agents and volunteers, or by Milton's breach of this Agreement. c. Survival. The provisions of this Indemnification Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 15. General Provisions. ' a. Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. b. Filing. A copy of this Agreement shall be filed with the City Clerks for Kent and Milton and recorded with the King County Auditor. c. Amendments. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. ' d. Severability. If one or more of the clauses of this Agreement is found to be unenforceable, illegal, or contrary to public policy, the Agreement will remain in full force and effect except for the clauses that are unenforceable, illegal, or contrary to public policy. e. Assignment. Neither Kent nor Milton shall have the right to transfer or assign,in whole ' or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. Interlocal Agreement Page 8 f. Successors in Interest. Subject to the foregoing Subsection,the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest,heirs, and assigns. , g. Attorneys' fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the ' hands of an attorney, or files a lawsuit,each Party shall pay all its own attorneys'fees, costs and expenses. h. No waiver. Failure of Milton to declare any breach or default immediately upon the , occurrence thereof,or delay in taking any action in connection with,shall not waive such breach or default. , t. Applicable Law. Washington law shall govern the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit ansing out of this Agreement. j. Confidentiality. All information regarding Milton obtained by Kent in performance of ' this Agreement shall be considered confidential to the fullest extent allowable under the law. In the event that Kent receives a public records request for records covered by or related to this Agreement,Kent agrees to provide Milton 14 days notice prior to Kent's release of any records. k. Authority. Each individual executing this Agreement on behalf of Kent and Milton , represents and warrants that such individuals are duly authorized to execute and deliver the Agreement on behalf of Kent or Milton 1. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited to the United States mail,postage prepaid,to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. m. Performance. Time is of the essence of this Agreement and each and all of its provisions , in which performance is a factor. n. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. Interlocal Agreement ' Page 9 IN WITNESS WHEREOF the Parties have hereunto placed their hand and seals on the day ' and year indicated below. CITY OF KENT CITY OF MILTON BY. BY: ' Jim White,Mayor , City Manager Date: Date: ATTEST: This day of ATTEST: This day of 120 120 Brenda Jacober, CMC [name] Kent City Clerk Milton City Clerk ' Approved as to Form Approved as to Form for City of Kent for City of Milton Tom Brubaker, City Attorney ' P/Operations/Fleet/MILTON PROPOSALAnterlocal agreement draft doe Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: QUIT CLAIM DEED FOR 128TH AVENUE SE AND EASEMENT GRANTING TO WATER DISTRICT 111 —APPROVE 2. SUMMARY STATEMENT: Authorize the Mayor to execute a Quit Claim Deed turning a portion of City property in the vicinity of 128t'Avenue S.E. and SE 266a` Street into street right-of-way for 12801 Avenue S.E., and also authorize the Mayor to grant Water District #111 an easement on a portion of the balance of City property for water utility purposes subject to the City Attorney and Public Works Director's concurrence of the language, location, and terms of the easement. 3. EXHIBITS: Public Works Director's Memo and Map 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: I Council Agenda Item No. 6J 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 H N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: June 1,2004 TO: Public Works Comrmttee FROM: Don Wickstrom, Public Works Director SUBJECT: Quit Claim Deed Dedication for a Portion of 1281h Ave. S.E. MOTION: Recommend authorize the Mayor to execute a Qurt Claim Deed turning a portion of City property in the vicinity of 128`h Avenue S E. and SE 266`h Street into street right of way for 128`h Avenue S.E. and also authorize the Mayor to grant Water District #I I I an easement on a portion of the balance of City property for water utility purpose subject to the City Attorney and Public Works Director's concurrence of the language location and terms of the easement. SUMMARY: On March 18,2003 the City Council approved the vacation of South 266h Street with conditions, one of which the petitioner would trade some lands of equal value for the vacated right of way. One such parcel the City received was in the S E. comer of 128'Ave. S.E and S E. 266h Street. To provide water to the petitioner's development Water District#111 water mains were constructed across the property on the westerly and northerly portion thereof The District now needs easements for its mains The Public Works Department is recommending granting easement on the northerly portion of the property and Quit Claiming the westerly portion of the property as road right of way. BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact BACKGROUND: In conjunction with the development of the plat of Highland Park in the vicinity of S E. 266n' Street and 132d Avenue, 2660' Street S.E. between 128d'Avenue S.E. and 132nd Avenue S.E. was vacated and the City was compensated for the value thereof via a land swap between the Parks and the development As reflected on the attached one parcel the City received was at the corner of 128`h Avenue S.E, and S.E. 2661h Street. To service the new Highland Park development Water District#111 water main was extended along 128'h Avenue S.E and S.E 266`h Street right of way to eventually tie to their existing main on 132°d Avenue S.E. As a result Water District#111 needs easements on what is now City property To avoid encumbering what would be 128'h Avenue S.E. road right of way in future the Public Works Department is recommending that the Mayor be authorized to Quit Claim Deed to itself the westerly 20 feet of the property for street right of way and grant the appropriate easement to the District over the northerly portion thereof By Quit Claiming the District would then operate in the City right of ways as it does tbru out the balance of its service area that falls within Kent corporate limits and the City wouldn't have any restriction or obligations associated with their water main were the road to be widened at some time in the future. ' Mayor White and Kent City Council I Quit Claim Deed Dedication-Authorize w ra p m 049 IRACT•C' II l0� Iol I 2?� I t" 0 PA L�4A �� �. _ � Feu' .:is• I� � M Xc,tI.O�Q?oGa73 AD i t° 1 I a Co ID ZavaeS / ' n r o I QD LOT r � � , pSQc• ` ` np�l too ' .�oro;�f ar sew YAq s ORD. 3-r TRACT E , J t % , m i ' 15'Wide Easement �� , / �� �, G� to Water District#111 `l 1Z Q ` -- { ' 1a TRACT G ' R, DEDICATED TO CITY FOR SENSATIVE AREA ` H c ! o be Quit Claimed as i 46 Public Right of Way r w � - 17 18 I ' I„ o 1 ` n N aG•o2•.(6 E 3 40 �o Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: RELEASE UTILITY EASEMENT RIGHTS PER ORDINANCE NO. 585 —APPROVE 2. SUMMARY STATEMENT: Authorize the Mayor to release utility easement rights identified by the Public Works Director that were reserved as a condition of Ordinance No. 585, on condition that the City be compensated for the fair market value. 3. EXHIBITS: Public Works Director's Memorandum, Release of Easement, Ordinance No. 585, and Vicinity Map 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? , Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund 10005530 Amount $ to be determined 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K 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. WASHINGTON Kent,WA 98032-5895 ' DATE: June 1, 2004 TO: Public Works Committee FROM: Don Wickstrom,Public Works Director SUBJECT: Release Utility Easement Rights Reserved per Ordinance No. 585 -Approve MOTION: Recommend authorizing the Mayor to release utility easement rights reserved as a condition of an alley vacation via Ordinance # 585 upon the City being compensated for the fair market value thereof SUMMARY: Ordinance No. 585 passed in 1929 reserved utility easement unto the City in ' conjunction with the vacation of an alley. The Public Works Department received a request to release said easement for which the Department concurs upon receiving just compensation BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: A request has been made by a property owner for the City to release its utility easement rights reserved via Ordinance No. 585 which was passed on March 4, 1929 vacating a N/S alley in the middle of the block bounded by Meeker Street, State Avenue,E Gowe and Central Avenue. The ordinance reserved to the City of Kent for utility purposes the perpetual right and use of any portion of said alley, at any time it deems necessary. A building was built on a portion of said vacated alley covering over half of the right-of-way,all City water, sewer, drainage and electrical lines within the area are in the surrounding City streets. The owners of this building would like to have the reservation removed from the ordinance as it is an encumbrance with respect to the sale of the building. The Public Works Department recommends the release of these rights subject to the City being compensated the fair market value for same ' Mayor White and Kent City Council Release Utility Easement Rights Reserved-Approve I s O'CONNER LAW CORPORATION P.S. , 2349 Yale Avenue East,Suite 1 Telephone(206)328-9009 Seattle,WA 98102-3336 Fax(206)328-9319 May 24, 2004 CITY OF KENT , MAY z 5 Laio , City of Kent ENGINEERING DEPT 220 4th Avenue South Kent, WA 98032-5895 Attention Frank Grewell, Property Management Re Ordinance No 585 MF Grewell -----— --- ----- —------ - -- —-- -- - - -- - I I appreciate the time you have taken in discussing with me the above ordinance This Ordinance was passed on March 4, 1929 It vacated an alley In Block 11 of Washington Central Improvement Company's First Addition to Kent The alley was in the middle of the block running between Meeker Street and E Gowe The Ordinance reserved to the City of Kent the "perpetual right and use of any portion of said alley, at any time it deems necessary, only for the laying of water mains, light or electric wire and conduits, underground, or for light or other electric poles overhead, and also for the laying of sewer or other necessary drainage purposes through said block or in connection with a general sewer district through said block" It also provides that if the City wishes to use the vacated alley area for such purposes, upon receiving notice, the owner of the property shall remove any obstruction on or over said alley,or permit the City of Kent to do so at owner's cost A building has been built on a portion of the vacated alley, for which, I assume a building permit was issued , The owners would like the city to review this ordinance to see if there is still any need for the City to maintain this right The water, sewer and electric lines serving the properties in the area are in the street, and there appears to be no reason why the City should need to retain this reservation Any help you may give in this matter will be appreciated Thank you Please keep me informed as to additional information you may require Sincerely, O=Conrorporation P S ') D J es V O'Conner OPM11TANCE No. 585 An Ordinance of the City of Kent vacating the alley running through Block 11 in Vashingtor. Central Improvement Company's First addition to Kent,with certain reservations. THE CITY 9 COUNCIL OF THE CITY OF FMT DONS ORDAIN AS FOLLO". v � Section 1: That the alley running through block 11 Washington p Central Improvement Cols. First addition to gent,north and south from Meeker street to Gowe street.be and the same 1s hereby vacated CIO the Inxicrx entire distance thereof.exeept as provided herein. O u7 Section 2: That the city of Kent reserves the perpetual right r and use of any portion of said alley,st any time it deems necessary, only for the laying of water maine,light or electric wires and conduits, unaereround,or for light or other electric polea overhead,and also fox the laying of sewer or other necessary dreinage purposes through Baia block or in connection with a general sewer district through said block. Section 3. That in case the city of Kent at any time desires the use of said alley for any of the purposes as herein desaribed,the owner or ov,neru of the abutting property on recteving notice thereof,shall remove any obstruction on of over said alley,or otherwise permit the city of Kent to do so,at the expense of yhe Bald owner or owners. Section 4. That subject to t he reservations herein contained, the portion of Bala alley hereby vacated shall revert to and become the property of the abutting owner or owners of Lots 1,2,3,4,5,6,7,8, 9.10,11,12,13 and 14, of Baia block 11, as provided by law. Section 5: This ordinance shall take effect five days after its passage and publication. Passed, iGnrah 4 1929. Approved march -s! 1929 Published. Parch y, 1929. mayor. City Clerk. f . NOTION OF NEARINO ON PETITION TO VACATE AUEY. NOTICE I8 ELMY GIVM&Uat a petition has been filed With the City Clark of the City of Unt.for the vacation of the alley ruaaing COO north and south through Block 11 in Washington Central Isp.Oo's,lat In C:) additixp to Kant from Hooker to awn 6tresta,being a li feat strip co 00 through the canter of said block li,running worth and south. , That all parsons who may desire to object to said Taxation are hereby notified to file the same with the aity olark.or to appear and present such objections at a medting of the City Council to be hold in the Council ohamber in On city hall of Unt,st 0 o'clock P.Y.. on the dth day of ?ebruary,1929, which tins cad place has been fixed for the hearing of all matters relating to said vaoation,and all objextioae thereto. ' 3DAMLD at Kent Ya gton this January Nth, 1929, 67 City Clark. 0 o, M �t C JKUC I ......REQUEST d- AM 2 41 Go S fiC6.n.Ju L Elk�ilU i.. , l KING CCJ47Y. WnSh P rl O •r' y, r- o � f mo Ir�•. _Jr�,�l, 1LED for Remrd at Ppanpct r AFFIDAVIT OF POSTING NOTIONS. State of Washington as. County of ]Uag : T.W.Bassett,being duly sworn on his oath states: That at all times berainafter stated,he was and now 1s a sitisea of the United States =a a resident of Kent,Kiag Countyglasbir-gtans ever tbs a ge of 21 years,and ccakpotont to bo a witness hersin; That oa the Oth day of January 19290 at the roquest of L.N.Priae City Clarkshe posted copies of Notices to vacateshorsts attaohads at the following plaasssall is the Ul ty of Ksat,Kiag Capntye washingtaIIssta-wLt: One at the City Ball bulletin& One at the O.S.Postoffioe bulletin; One at the Stage depot Weaker street; One at the allay ruant through bleak Block ll,i.C.I Co.ls; addition to Kant. All of said notices being yyosted on the Oth day of Tapuary 192981a the city of Kent King Countyawashington; said places of posting beibg public p aise in the city of Ksnt,snd one of said notio7 lag been oste4 on the property to be L Subscribed and owarn to before me We s000nl day of 1 February 1929. u 1"IntIC in enJ for 0.4 V.'l v.w/ or % 1 109 SOMBU y qti o,+ 9� 7 1m r oo e7 o poi ---31 -- -°-9;iQbe—°ws"— ax 060 u_ Eo 4 98— i a p � -----�- , -4 8 120 10 --- E4 � + -9 -33top 24 ` w W ------• , v '�� aE " •7 1i u L eo F oeoo sx000"- D ! SF o 0 1E 14 12 toA 12 i MUM RELEASE EASEMENT RIGHTS EMm 4 1t [v i i _ BF __ A �O R. ° 10 g f s iss a ---- - ,,p0't' 11 4 m 4 t 4x7r 92 . 9-�-A- $____ ._ -- -6 20 4e of 0 7- 07 141 a Im to RELEASE EASEMENT RIGHTS �yp93Q01 00 84 9 ID 9 3 �1 �Z 2 3 3 SQ 3 S 7 S �B EN i 12 12 14 i 0000 . 14 — -- �— fE o m 14 awls , ° 4 � 0"D E 14963 M S 1E , 7 abp 10 7 17 u E 17 _6 ^ ea SFla 77 N 1E 21 0740 19 it 05�] 4 o / 4 21_ a 3 ,'_" " if 16 r� WK 1,g4 _ 1 437 lag o a NP S 32 96 B 6 393 --j 3 a 3 o br• Z �Q V 140 ' SSs4 -- --;- (O9 4'4,°pp- S C o+ WfR ta m ' b N sFa - - - a>:a-o F we to - c `j °new Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: LID 353 FINAL ASSESSMENT ROLL ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. approving and confirming the assessments and the assessment roll of Local Improvement District No. 353 for the construction of the City's S. 228`h Street Corridor project and levying and assessing a part of that cost and expense against the lots, tracts, and parcels of land shown on the assessment roll that will receive special benefits as a result of the project. Under RCW 35.44.070, the City Council appointed the Public Works Committee as the Board of Equalization to conduct the hearing on the assessment roll. The Public Works Committee, acting in a quasi-judicial capacity, conducted its hearings on March 23, 2004 and May 24, 2004, where it considered all testimony provided and written protests submitted. The Committee issued its initial and supplemental Findings, Conclusions, and Recommendations with respect to the final assessment roll and submits them for approval by the City Council. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Works Committee, sitting as the Local Improvement District No. 353 Board of Equalization (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Yes Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund R90093 Amount $14,079,491.50 Unbudgeted Revenue: Fund R90093 Amount $14,079,491.50 1 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving and confirming the assessments and assessment roll of Local Improvement District No. 353 for the construction of the South 228" Street Extension,from 54`h Avenue South to Military Road, with a bridge over the Green River, additional improvements to Military Road, sanitary sewer improvements between 42°d Avenue South and Military Road, improvements to South 228th Street between 54`h Avenue South and 76`h Avenue South, and sidewalk and street lighting on 761h Avenue South/4`h Avenue North between South 22e Street and SR 167, as provided by Ordinance No. 3619, and levying and assessing a part of the cost and expense thereof against the several lots, tracts, parcels of land and other property as shown on the I assessment roll. RECITALS A. The assessment roll levying the special assessments against the property located in Local Improvement District No. 353 in the City of Kent,Washington(the"City"), has been filed with the City Clerk as provided by law. B. The City Council delegated under RCW 35.44.070 a special committee of the Council(composed of the members of the Public Works Committee)(the"Committee") to conduct the hearing on the assessment roll. 50W327 02 1 LID 353 Final Assessment Roll C. Notice of the time and place of the hearing on the assessment roll and for making objections and protests to the roll was published at and for the time and in the manner provided by law,fixing the time and place of the hearing before the Committee for March 23, 2004, at the 4:00 p.m., local time, in the Council Chambers in the City Hall, Kent,Washington,and further notice was mailed by the City Clerk to each property owner shown on the roll. D. At the time and place fixed and designated in the notice the hearing was held,all written protests received were considered and all persons appeanng at the hearing who wished to be heard were heard, and the Committee, sitting and acting as a Board of Equalization for the purpose of considering the roll and the special benefits to be received by each lot, parcel, and tract of land shown upon such roll, including the increase and enhancement of the fair market value of each parcel of land by reason of the improvement, considered all protests. E. The Committee entered its Findings,Conclusions,and Recommendations Regarding LID No. 353 on April 5,2004("Findings"); and its Supplemental Findings and Recommendations Regarding LID No.353 on April 29,2004("Supplemental Findings"). F. The Committee recessed its deliberations to May 24,2004, at which time it met and considered further testimony, submissions, and presentations. After consideration, the Committee entered its Second Supplemental Findings and Recommendations Regarding LID No. 353, dated June 1, 2004 ("Second Supplemental Findings"), and has forwarded the Findings, Supplemental Findings, and Second Supplemental Findings (collectively, "Findings") to the Council for consideration. 50440327 02 2 LID 353 Final Assessment Roll , G. The Council has brought before it for consideration the Findings, based upon the record considered by the Committee. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. -Roll Confirmation. The assessments and assessment roll of Local I Improvement District No. 353, as they have been modified by the Findings, which has been created and established for the purpose of constructing the South 228th Street Extension,from 54th Avenue South to Military Road,with a bridge over the Green River, additional improvements to Military Road, sanitary sewer improvements between 42nd Avenue South and Military Road, improvements to South 228th Street between 54th Avenue South and 76"' Avenue South, and sidewalk and street lighting on 76th Avenue South/4th Avenue North between South 220th Street and SR 167,as provided by Ordinance No. 3619, shall be and the same are approved and confirmed in all things and respects in the total amount of$14,079,491.50. SECTION 2. -Special Benefit. Each of the lots,tracts,parcels of land, and other property shown upon the assessment roll is determined and declared to be specially benefited by this improvement in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing upon the roll. There is levied and assessed against each lot,tract, or parcel of SOW327 02 3 LID 353 Final Assessment Roll land and other property appearing upon the roll the amount finally charged against them as shown on the roll. SECTION 3.-Findings. The Findings attached at Exhibits 1-3 are adopted by the Council and incorporated by this reference; provided, however, consistent with the Stipulated Agreement between Sound Manufacturing and the City and the oral decision of the Committee, Sound Manufacturing's parcel 490 assessment is increased to $45,400 and its parcel 496 assessment is reduced to $8,600. SECTION 4. - Notice of Roll. The assessment roll as approved and confirmed shall be filed with the Finance Director of the City for collection,and the Finance Director is authorized and directed to publish notice as required by law stating that the roll is in the Director's hands for collection and that payment of any assessment or any portion of such t assessment can be made at any time within thirty (30) days from the date of first publication of that notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in fifteen (15) equal annual installments of principal together with accrued interest. The estimated interest rate is stated to be five and one-half (5.50) percent per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement bonds for Local Improvement District No. 353. The first installment of assessments on the assessment roll shall become due and payable during the thirty (30)-day period commencing one year after the date of first publication by the Finance Director of notice that the assessment roll is in his hands for collection, and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessment remains unpaid after 50"032702 4 LID 353 Final Assessment Roll the first thirty(30)-day period,interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments, together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the thirty(30)-day period during which such installment is due and payable shall be delinquent. Each delinquent installment shall be subject, at the time of delinquency, to a charge under Kent City Code Section 3.22.030 of a penalty levied on both principal and interest due upon that installment equal to the rate fixed in the ordinance authorizing the issuance and sale of the local improvement bonds for Local Improvement District No. 353 plus five(5)percent. All delinquent installments also shall jbe charged interest at the rate as detennined above. The collection of delinquent installments shall be enforced in the manner provided by law. SECTION 5.-Severability. If any one or more sections,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 i force and effect. SECTION 6.-Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 5OW327 02 5 LID 353 Final Assessment Roll APPROVED AS TO FORM: SPECIAL COUNSEL AND t BOND COUNSEL FOR THE CITY PASSED: day of June, 2004. APPROVED: day of June, 2004. r PUBLISHED: day of June, 2004. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 5044M27 02 6 LID 353 Final Assessment Roll , 04/05/04 em A FINDINGS, CONCLUSIONS AND RECOMMENDATIONS REGARDING LID 353 Pursuant to notice, the final assessment roll hearing on LID 353 was held on March 23, 2004, in the Kent City Hall, Kent, Washington. The hearing was conducted by the City Council's Public Works Committee consisting of Council members Bruce White, Ron Harmon and Debbie Raplee. Following conclusion of all testimony, the Committee submits these Findings of Fact, Conclusions and Recommendations. 1 I. FINDINGS OF FACT A. GENERAL FINDINGS 1. LID 353 was formed pursuant to Ordinance 3619, passed by the City Council on October 1, 2002. The LID was created to construct the S. 228a' Street Extension and related improvements on S. 228 h Street needed to complete the roadway and provide a complete arterial street from East Valley Highway to I-5. 2. These road improvements have been part of the City's 6 Year Transportation Improvement Plan for many years and are necessary for development of that portion of the City. 3. Beginning in the 1980's, the City used a variety of agreements to allow developers to improve their property prior to these street improvements being installed. These agreements included LID agreements and what have been called Environmental Mitigation Agreements (EMA's). The form of these agreements has varied over-the years, but all were designed to allow development to proceed-- in advance of construction of the street improvements. B. FINDINGS AS TO SPECIFIC PROPERTIES 1. Chang Hyok Kiml No testimony was provided on either of the protests received.2 Mr. Kim's protest letter asked for more time to get an appraisal. The complete description of the property and assessment amount is found in the letters of protest. 2 Information contained in the protest materials was considered by the Committee. No witnesses provided additional testimony. (WDT567588.DOC.1/00085.0900071) 1 04/05/04 2. Chang Hvok Kim. See above. 3. Janell Ochsner. Mrs. Ochsner testified that her questions about an exemption from the assessment had been answered by the City Attorney and that she had no further concerns. 4. Fu ig a Kajimura. No testimony was provided. It appears her concerns have to do with the cost of the assessment. She may be entitled to an exemption. 5. Charles and Kathy Weaver.No testimony was provided. 6. Zubin Danuwala. No testimony was provided. 7. Silver Oak, LLC. No testimony was provided. The protest letter indicated that there were wetlands on the property,but there was insufficient information to indicate the extent of the wetlands and their effect on future development of the property. 8. Polygon Northwest Company. No testimony was provided. The protest letter indicated that the property was open space and could not be built upon due to restrictions placed on it by the City during PUD approval. 9. Amy Cocanour. No testimony was provided. 10. Toni Thompson. No testimony was provided. 11. Polygon Northwest Company. No testimony was provided. 12. Paolo Serafico. No testimony was provided. 13. Sicklesteel Development, LLC. No testimony was provided. 14. Joyce Barnier. No testimony was provided. The City indicated that Ms Barnier was entitled to an Agricultural Exemption as provided by law and that the City would work with her to have the proper forms available. 15. Dorothy West. No testimony was provided. It appears she may be entitled to an exemption from the assessment. 16. Silver Oak, LLC. No testimony was provided. 17. Pacific Propeller International. LLC. No testimony was provided. 18. Pacific Detroit Realty,LLC. No testimony was provided. The protest letter requested more time to get an appraisal of the property. 19. Davis Property& Investment. No testimony was provided. Mr.Davis' protest letter asked for more time to get an appraisal of the property. {WDT567588.DOC.1/00085.090007J) 2 04/05/04 20. Sound Manufacturing Company. Testimony was provided by Chris Jensen. He stated that he had received notice of the hearing on March 191h when he was contacted by his attorney in Enumclaw. He asked for more time to prepare his case. He indicated that he was a small business owner and not a developer,yet the assessments seemed to force him to develop his property. He pointed out that several properties next to his were assessed less, yet had the same frontage on 228". He acknowledged that he had received notice of the preliminary assessment. 21. Sysco Food Services of Seattle, Inc. Testimony was provided by Tim Cash, Director of Legal Services,James Price, an MAI appraiser, and Duana Kolouskova, attorney for the company. Ms Kolouskova indicated that her client's assessment had doubled from the preliminary assessment and represented 6% of the assessments borne by private property owners within the LID. The company had received notice 2 weeks before the hearing, and while she was not asking for a continuance, she thought it was unfair for the city to give such minimal notice. Ms Kolouskova indicated that the method of assessment was not found in state law and not based on case law. There was no definition of Secondary,Primary, etc. that the City's appraiser had used in determining fair market value. Sysco does not need the improvements. While her client (or its predecessor) had signed the LID and EMA's over the years, they were forced to do so by the City in order to further develop their property. She indicated that according to the EMA her client would owe $463,148, not the amount claimed by the City. Her client had quitclaimed 17,000 square feet of property along 228a' and had received no compensation. Further, her client had constructed a noise wall along its property line on 228a' which was going to be duplicated on the other side and which benefited only the residential properties on the south side of 228a'. She indicated that her client had constructed 1450 feet of street improvements along 540'and had received no credit for this. Mr. Price testified that he was an MAI appraiser and had experience in appraising property in south King County. While he had not conducted a special benefit analysis before,he had reviewed numerous studies for other clients. He indicated that as far a commercial property was concerned, location was more important than frontage and that therefore the basis for the assessment was faulty as it appeared to depend heavily on frontage rather than location. He agreed that there was a benefit to the property from the project,but did not have an opinion as to the amount. Mr. Cash testified that his company's predecessors had signed an LID covenant in 1983,but that the level of improvements was much less than contemplated by the current project. He indicated that his company sells food products and utilizes 54d'as the means of ingress and egress. His company does not directly access onto 228`a. In rebuttal, the City called Chad Bieren. He testified that the sound wall and street dedication were conditions of approval imposed by the City Council in connection with development permits on the property. No appeal had been taken twffr567sss.noC.v000s5.o9000v) 3 04/05/04 from these requirements. He further indicated that to construct a street improvement in accord with the requirements of the project would require in excess of$500 a foot in this location due to the grade changes. He indicated that this figure was an estimate and that it assumed that the work would be done in accordance with city contracting procedures, which would include paying prevailing wages. Private contractors might not have to pay these prevailing wages. Ms Foreman testified that if Sysco would have installed the improvements as required by the EMA, she would have appraised the property at$35 a foot instead of the $1.50. The City also recalled City Public Works Director Don Wickstrom. He testified that he had been with the city for 35 years and was familiar with development of this area of the City. The original improvements had been put in by the development arm of the railroad and that 54'b street was one of these improvements made by the railroad as a condition of the platting of the area. II. CONCLUSIONS A. General Conclusions 1. Any conclusion deemed to be a finding shall be so considered. 2. Special benefits are measurable increases in the value of real property in excess of any enhancement to the general area. It is measured as the difference between the market value of the property without the LID Project and the market value with the LID Project assumed completed. 3. Initially, the City is favored with certain presumptions: that the improvements are a benefit to the property within the LID, the assessment is no greater than the benefit, the assessment is equal or ratable to the assessments upon other properties similarly situated, and the assessment is fair.3 The property owner has the burden of producing evidence to rebut these presumptions. If the property owner presents sufficient evidence to rebut the presumptions (generally through appraisal testimony or other evidence of property value with and without the Project improvements), the City has the ultimate burden of showing special benefits.4 4. The special benefit analysis performed by the City more fairly reflects the special benefits to the properties within the LID than the zone and termini method. 3 In Re Indian Trail Trunk Sewer,35 Wash.App.840(1983). Bellevue Plaza v Bellevue, 121 Wn.2d 397(1993) (WDT567588 D0C,V00085.090002/) 4 ' i 04/05/04 5. The City followed the legally required provisions with regard to notice. However, the Committee believes that 15 days notice, although in compliance with the law, is too short a time for many property owners to retain an appraiser to perform the necessary appraisal work to challenge the City's assessment. B. Conclusions As To Particular Properties 1. Pursuant to stipulation, the King County Metro lot at Military Road, Parcel 1504 is reduced from$191,457 to$159,550. 2. The following property owners have failed to overcome the presumptions in favor of the City's final assessment roll: Ochsner;Kajimura,Weaver,Daruwala,Silver Oak LLC, as to protest 7 ; Cocanour;Thompson;Polygon, as to protest 11, Serafico, Sicklesteel, Barrier,West, and Silver Oak LLC, as to protest 16. 3. The Committee requests the City Attorney to provide information to Kajimura and West as to the process for claiming an exemption from payment of the assessment. 4. Polygon, with respect to protest 8, has presented evidence that the property may not be further developed. Given this,the Committee believes the assessment should be reduced to$0. 5. The following property owners have requested more time to obtain an appraisal. The Committee will meet on May 11°i at 5 p.m. at City Hall to consider any additional information from these property owners: Kim,protests 1 and 2,Pacific Detroit, Davis Properties, and Sound Manufacturing. 6. Pacific Propeller, Sound Manufacturing and Sysco Food Services all were classified as Primary since they fronted upon 2280',but had not installed the improvements to the street. As to each of these properties the Committee finds that the assessments as presented by the City are sustained. However,in light of the testimony, the Committee has determined that the above property owners should be given an option to construct the improvements themselves. In that case 1 the Committee concludes that the assessments should be based on the$.75 per square foot value and not the$1.50 value. If these property owners, either together or individually, wish to construct the improvements they must enter into an agreement with the City concerning the details, timing and other aspects of the construction, which agreement must be approved by the City Public Works Director, III. RECOMMENDATIONS Based on the foregoing, the Committee makes the following recommendations: jtWDT567588.DOC,IMM5.090002J) 5 04/05/04 1. King County Metro lot at Military Road,Parcel 1504 be reduced from$191,457 to$159,550. 2. Polygon Northwest,protest 8 (assessment#1973), is reduced to$0. 3. Further testimony will be accepted from Kim,protests 1 and 2, Pacific Detroit, Davis Properties, and Sound Manufacturing on May I Vb as noted above. 4. The protests from Pacific Propeller and Sysco Food Services are denied,provided that these property owners may elect to construct the improvements on 228a', subject to entering into an agreement with the City as noted above. In that case, these properties assessments shall be reduced,based on a special benefit of$.75 a square foot. 5. All other assessments should remain as set forth on the Final Assessment Roll and all other protests should be denied. DATED this day of April, 2004 t t Bruce Wh' air n Harmon r Debbie Raplee j Date of Mailing: twDT567588.Docar00085.090002/t 6 SUPPLEMENTAL FINDINGS AND RECOMMENDATIONS REGARDING LID#353 The City Council's Public Works Committee consisting of Councilmembers Bruce White, Ron Harmon, and Debbie Raplee have previously issued findings, conclusions and recommendations regarding LID No. 353. Subsequent to issuing the findings, conclusions, and recommendations, the Committee learned that both the City Attorney and the committee's special counsel would not be available for the next scheduled meeting. In addition, the Committee determined that a deadline should be placed on those property owners who are given an option to enter into an agreement with the City to construct the improvements on 228th. Therefore, the committee wishes to issue these supplemental findings and recommendations which will be in addition to the previously issued recommendations. 1. The Committee will meet at 5:00 PM on May 24, 2004 at Kent City Hall to consider further testimony from Kim, protests 1 and 2, Pacific Detroit, Davis Properties and Sound Manufacturing. 2. Pacific Propeller, Sysco Food Services, and Sound Manufacturing have until 5:00 PM on May 24, 2004 to enter into the agreement to construct the improvements on 228th as referenced in the prior findings, conclusions, and recommendations. 3. The City Clerk is directed to send copies of the Supplemental Findings, Conclusions and Recommendations to all property owners who have filed protests with the City. DATED this Lk day of April, 2004. CITY OF KENT CITY COUNCIL ha*t G c� Rarm e bie Raplee Date of Mailing: #1 and #2 mailed 4/30/04 #3 mailed 5/03/04 tWDT57o044.D0C,1/00000.000000/l ex H c SECOND SUPPLEMENTAL FINDINGS AND RECOMMENDATIONS REGARDING LID #353 The City Council's Public Works Committee consisting of Councilmembers Bruce Y White, Ron Harmon, and Debbie Raplee have previously issued findings, conclusions and recommendations regarding LID # 353. Pursuant to those findings,the hearing was continued to May 20 to allow certain protesters to provide additional information to the Committee and to allow certain protesters to enter into a contract with the City to construct the improvements on their own. Notice of the May 24a' meeting was duly sent to all protesters. At the continued hearing, the City presented some additional testimony from Carol Storm who indicated that she had contacted the protesters and inquired about whether they were going to attend. Aside from those that had reached a stipulated amount with the City, all protesters indicated that they would not be attending the hearing. The City also presented testimony that a cost estimate and proposed contract had been presented to Pacific Propeller in accordance with the Committee's previous recommendation. Pacific Propeller had indicated that they did not intend to construct the improvements and would accept the assessment. Therefore, the committee wishes to issue these supplemental findings and recommendations which will be in addition to the previously issued recommendations. 1. Pursuant to stipulation with the City, the Sysco Food Services assessment is reduced to $883,078.50. 2. Pursuant to stipulation with the City, Sound Manufacturing's parcel 490 assessment is reduced to $45, 400 and parcel 496's assessment is reduced to $8,600. 3. The protests of Kim, Pacific Detroit, Davis Properties and Pacific Propeller are denied. ,r )UHF DATED this l s day of 2004. CITY OF KENT CITY COUNCIL k G / Br,pcOW14e, Ch R` Harmon e bie Raplee Date of Mailing: 4-P 0 (WDT570044 DOC,1/00000 000000/) , Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: CENTRAL AVENUE NORTH IMPROVEMENTS PROJECT— ACCEPT AS COMPLETE Z2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the Central Avenue North Improvement project and release retainage to R.W. Scott Construction upon standard releases from the state and release of any liens. The original contract amount was $1,120,798.60. The final contract amount was $1,095,319.39. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ t6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6M Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: CORROSION CONTROL FACILITY—ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the Corrosion Control Facility project and release retainage to Nordic Construction upon standard releases from the state and release of any liens. The original contract amount was $880,221.38. The final contract amount was $9019221.40. 3. EXHIBITS• None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6N Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: PLAT OF BLUEBERRY FARM (WILLOW POINT) INFRASTRUCTURE IMPROVEMENTS BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Plat of Blueberry Farm (Willow Point) submitted by Robert N. Parnell for the continuous operation and maintenance of 663 feet of watermains, 1126 feet of sewers, 590 feet of street improvements, and 649 feet of storm sewer. The bonds are to be released after the maintenance period. This project is located at 11024 SE 264`h Place. 3. EXHIBITS: Vicinity Map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 60 t SE 244TH ST a 515 SE 2481111 ST PROJECT SITE cR�4y� 40 SE 256TH ST DRIVE SE SE 260 rH ST T Rp fp � SE 284TH W WW WUj A ST r W i tv > Q N N WN N y iE om $ SE 2701H ST SE 244TH 272N0 PL ST 274TH ST i "'VI(Xgff MAP NOT TO SCALE VICINITY MAP N.T S Blueberry Farms/Willow Point Infrastructure 11024 SE 26e Place Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: PLAT OF STONEWOOD INFRASTRUCTURE IMPROVEMENTS BILL OF SALE— ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Plat of Stone Wood submitted by Norman E. Larson for the continuous operation and maintenance of 342 feet of watermains, 738 feet of sewers, 540 feet of street improvements, and 1190 feet of storm sewer. The bonds are to be released after the maintenance period. This project is located at South 231" Street and 96'Avenue South. 3. EXHIBITS: Vicinity Map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6P 4 W ON1 TY MAP Li s , I t, L 20711 GARRtsOH CR-VK W PARK S 222WO ST U � y S 224TH T tig x g F' N S� PROJECT >J y 9h a 228 f- > e a = 31 232 ND ST Wy o >Z w a > EAST r a PARK 6 t J v z a =ST u SCALE. f" = 2,000' VICINITY MAP N T.5 Stone Wood Infrastructure South 231 s1 Street and 960'Avenue South Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: ORDINANCE REVISING KENT CITY CODE SECTION 9.38.60 REGARDING TWO HOUR PARKING ZONES —ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. amending Section 9.38.060 of the Kent City Code to add an additional two (2) hour parking zone for that portion of Railroad Avenue between Smith Street and James Street, on the east side only. Currently,parking on Railroad Avenue is limited to two hours from Smith Street to Meeker street, on the east side only, and from Meeker Street to Gowe Street on both sides. The City wishes to also limit parking to two hours on the east side of Railroad Avenue from James Street to Smith Street. 3. EXHIBITS: Ordinance and Public Works Director's Memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 1 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6Q PUBLIC WORKS DEPARTMENT Don E. Wickstrom, RE Public Works Director • Phone 253-856-5500 'gooFax 253-856-6500 K E N T W A S H I N G T O N Address- 220 Fourth Avenue S. Kent,WA.98032-5895 DATE: June 3, 2004 TO: Public Works Committee FROM: Don Wickstrom, Public Works Director THROUGH: SUBJECT: Amend City Code Section 9.38.060 MOTION: I move to recommend that the City Council adopt the proposed ordinance which amends Section 9.38.060 of the Kent City Code to add an additional two (2) hour parking zone for that portion of Railroad Avenue between Smith Street and James Street. SUMMARY: Parking along Rail Road Avenue between James Street and Smith Street is over taken by Sound Transit patrons making it impossible for the fronting business thereon to have street side customer parking and or delivery service. Now that Sound Transit's garage is fully available for use it the Public Works Department recommendation that a 2 hour parking restriction be placed on the east side of Rail Road Avenue between Smith Street and James Street. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact other then signage costJn BACKGROUND: A business owner requested that the City implement parking restrictions along Rail Road Avenue in order to enable customer and delivery service to the businesses fronting thereon. With the Sounder garage now open the Public Works Department recommends adoption of the amending ordinance which would implement a 2 hour parking limitation on the east side of Rail Road Avenue between James Street to Smith Street. Mayor White and Kent City Council I Amend City Code Section 9.38.060 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 9.38.060 of the Kent City Code to add an additional two (2) hour parking zone for that portion of Railroad Avenue between Smith Street and James Street, on the east side only. RECITALS A. Section 9.38.060 of the Kent City Code sets forth those areas within the City of Kent where parking is limited to a two hour time period between the hours of 9:00 a.m. to 6:00 p.m. B. Currently, parking on Railroad Avenue is limited to two hours from Smith Street to Meeker Street, on the east side only, and from Meeker Street to Gowe Street, on both sides. The City wishes to also limit parking on Railroad Avenue from James Street to Smith Street, on the east side only, to two hours. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 9.38.060 of the Kent City Code, entitled "Two (2) hour parking zones," is amended as follows: 1 Two Hour Parking Zones-Amendment Sec. 9.38.060. Two (2) hour parking zones. A.—Except for KCC 9.38.070 and permits issued by the city facilities manager under KCC 9.38.170, at such times as the director of public works or designee shall place the appropriate sign, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of two (2) hours between the hours of 9:00 a.m. and 6:00 p.m. on either side of, unless otherwise indicated, the following streets, public parking lots,public parking garages or portions thereof- 1. Harrison Street (Fourth Avenue to Second Avenue). 2. Meeker Street(Fourth Avenue to State Avenue). 3. Gowe Street (Fourth Avenue to Central Avenue). 4. Titus Street(Second Avenue to First Avenue). 5. First Avenue (from a point two hundred (200) feet north of Meeker Street to Titus Street). 6. Second Avenue (Smith Street to Titus Street and two (2) marked parking stalls on the east side of Titus Street). 7. Railroad Avenue (James Street to Smith Street, east side only: Smith Street to Meeker Street, east side only;; and Meeker Street to Gowe Street,'��es). 8. State Avenue (Smith Street to Meeker Street). 9. Centennial Parking Garage: That portion of the first floor as posted. 10. City Hall parking lot (between City Hall and the Centennial Building): All parking stalls unless otherwise posted. Provided that this section shall not apply on Sundays or holidays. SECTION 2. — Severabilzty 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. 2 Two Hour Parking Zones-Amendment i SECTION 3. —Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of June, 2004. APPROVED: day of June, 2004. PUBLISHED: day of June, 2004. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK rr,.nuawrvnrvcerm�r*.ww.�.i wem...m 3 Two Hour Parking Zones-Amendment Kent City Council Meeting Date June 15, 2004 Category Consent Calendar 1. SUBJECT: GREEN RIVER DUWAMISH RESTORATION PROJECT CONSULTANT SERVICES AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreement between the City of Kent and Thompson Smitch Consulting Group, Inc. for the Green Duwamish Restoration Project upon concurrence of the language therein by the City Attorney and the Public Works Director. 3. EXHIBITS: Public Works Director's Memo and Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6R 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 A S H I N G T O N Kent,WA.98032-5895 DATE: June 3, 2004 TO: Public Works Committee FROM: Don Wickstrom,Public Works Director SUBJECT: Green Duwamish Restoration Project MOTION: Recommend the Council authorize the Mayor to sign the Consultant Services Agreement between the City of Kent and Thompson Smitch Consulting Group, Inc. for the Green Duwamish Restoration Project upon concurrence of the language therein by the City Attorney and Public Works Director. SUMMARY: The consultant services are needed for assistance in securing federal appropriations for construction of several environmental projects within the City of Kent under the Army Corps of Engineers Ecosystem Restoration Program. Two of the 3 eligible projects that would benefit under the Corps program were fund available and which would otherwise be funded by the city are the Lake Meridian out fall project,and the 256 h St flume (Meridian Valley Creek)restoration project. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact as the funding ($45,000) for same would come out of the respective project funds. BACKGROUND: The City of Kent has been actively involved in a regional effort to restore river and stream resources throughout the entire Green Duwannsh Watershed as part of Army Corps of Engineers Ecosystem Restoration Program. Forty-five projects totaling approximately $113 million have been identified. Three projects within the City of Kent have been selected as early start projects. They are the Lake Meridian Out Fall project(est. @ $2,100,000),the 256`h St Flume (Meridian Valley Creek)restoration project(est. @$1,100,000) and the River Walk park Green river side channel project(est. @ $817,000). It should be noted that both the Lake Meridian outfall and the 256`b St flume are city capital improvement projects so any grant funds received for same offsets city funds that would otherwise have to spent thereon. Last year we participated in the congressional lobby effort(under$10,000 spent) and was successful in helping secure$500,000 for the program of which we got$150,000 for the 256`h St Flume project. This year the goal is to secure $3,500,000 for the program for which we believe a big slice of same would go towards our projects. Under the Corps program they will pay up to 65% of the projects construction costs. Because of this we are recommending to Council that the Consultant Services Agreement be authorized. Mayor White and Kent City Council 1 Green Duwanush Restoration Project y KENT WASMINOTOM CONSULTANT SERVICES AGREEMENT between the City of Kent and Thompson Smitch Consulting Group, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Thompson Snatch Consulting Group, Inc. organized under the laws of the State of Washington, located and doing business at 4041 Ruston Way, Suite 1C, Tacoma, WA 98402, Phone: (253) 879-1250/Fax: (253) 879-1251, Contact: Tim Thompson(hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide consultation to the City related to the Green Duwamish Restoration Project. For a detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted,professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31,2004. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Five Thousand Dollars ($45,000.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein sball remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) ' payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After temmnation, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restnction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The cty's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIL WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3,80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. , C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parries are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name. Print Name: Jim White Its Its Mayor (rule) (Title) DATE- DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Tim Thompson Don E. Wickstrom,P E. Thompson Snitch Consulting Group,Inc. City of Kent 4041 Ruston Way, Suite I 220 Fourth Avenue South Tacoma, WA 98402 Kent,WA 98032 (253)879-1250 (telephone) (253) 856-5500(telephone) 253 879-1251 facsimile (253) 856-6500(facsimile) APPROVED AS TO FORM: Kent City Attorney CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) Thompson Smiich Consulting Group-Green Duwanush Resroranon/Wolmskr CONSULTANT SERVICES AGREEMENT-5 (Over$10,000) DECLARATION �f CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex,race, color, national origin, age, or the presence of all sensory,mental or physical disability. 3. During the time of this Agreement the prune contractor will provide a written statement to all new employees and subcontractors indicating comrmtment as an equal opportunity employer. 4 During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor,that the Prime Contractor complied with the requirements as set forth above. By signing below,I agree to fulfill the five requirements referenced above. Dated this day of 200 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White,Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: I. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. I. 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. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement ' known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_ By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A March 26, 2004 Bill Wolinski City of Kent 220 Fourth Ave S Kent, WA 98032 Dear Bill: As we have discussed, I represented King County and City of Kent last year on the Green Duwamish Restoration Project at a substantially reduced rate. I was glad to do so since we were at a critical stage with the project. While many people contributed to our successes,I believe I made a positive difference in securing the $500,000 appropriation and the new construction start designation. I spent a great deal more time and effort on this matter than I anticipated. This year, I would propose we go to a flat retainer which would start in April and end December 31, 2004. I have been very active on these issues during January, February and March. I would propose a $4,800 00 a month retainer. Expenses will not exceed$200.00 a month without prior approval. Since,I spend more time coordinating with King County and most of my congressional contacts concern King County issues. I will negotiate a separate agreement with King County. In addition, I would suggest we establish regular scheduled teleconference(every 3 weeks)with leads from King County,Kent and the Corps of Engineers to keep each other up to date. It is also important that I be designated as the lead consultant/lobbyist on Green Duwarmsh Appropriation issues with the Congressional delegation. I have already received feedback from both Senator Murray's and Congressman Dicks offices that is not positive about this years effort. Fees: Our consulting fee for this project will be $4,800.00 per month effective April 1511 2004 through December 31, 2004. Expenses: In addition to fees,you will be charged for expenses incurred or advanced on your behalf. Some of these expenses are charged for identified services at rates charged to all clients, such as photocopies, messenger services, document preparation, and, in some circumstances, special secretarial services. Other expenses might include those we routinely advance in the ordinary course of business such as meals,mileage, cellular telephone charges,computerized legal research, long distance telephone charges, fax transmissions, and special mailing or courier services. Billin s: The firm bills on a monthly basis. Bills are payable within 30 days of the billing date and subject to a late charge of 1%per month if received after 30 days. Conflicts of Interest: We have done an initial check for potential conflicts and have not identified any. No Warranties of Results: Neither I,nor Thompson Smitch Consulting Group, have made any express representations, assurances or guarantees regarding the outcome or any consequence connected with tlus matter,unless specifically set forth in this letter of agreement. In addition,there are no implied warranties or guarantees of success given ' by me or Thompson Consulting Group. I apologize for the formality of this letter,but it is important for these items to be set forth in writing in order to allow for a better understanding of the work to be completed. If the foregoing meets with your approval,please sign the original of this letter,return it to me in the envelope provided, and keep the enclosed copy for your ' records. Thank you again for the opportunity to work on this important project. Please be assured I will do my best to help provide you with the greatest possible result. Sincerely, Tun Thompson ACCEPTED AND AGREED TO: By: ,2004 Bill Wolinski Date EXHIBIT B INSURANCE REQUIREMENTS FOR , CONSULTANT SERVICES AGREEMENTS Insurance The Contractor 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 Contractor,their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: , 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall ' be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: a 1. Commercial General Liability insurance shall be written with limits no less , than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance: , 1 The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance,or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30)days prior written notice , by certified mail,return receipt requested,has been given to the City. 1 EXHIBIT B (Continued) 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers ' Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN IL E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured ' endorsement,evidencing the insurance requirements of the Contractor before commencement of the work F. Subcontractors ' Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 1 ' Kent City Council Meeting Date June 15, 2004 Category Consent Calendar ' 1. SUBJECT: PACIFIC HIGHWAY APPRAISAL AND NEGOTIATIONS SERVICE CONTRACTS—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreement for right-of-way/easement acquisition appraisals with the Eastman Company and a Consultant Services Agreement with Certified Land Services and Lane and Associates. 3. EXHIBITS: Public Works Director's Memorandum and Agreements 1 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No ' If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ' Council Agenda Item No. 6S 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 H I N G T O N Address* 220 Fourth Avenue S Kent,WA.98032-6895 DATE: June 3,2004 TO: Public Works Committee FROM: Don Wickstrom, Public Works Director ' SUBJECT: Pacific Highway HOV Project Appraisal & Negotiation Service Contracts MOTION: Recommend the Council authorize the Mayor to sign the Consultant Services Agreement for right of way/easements acquisition appraisals with The Eastman Company and a ' Consultant Services Agreement with Certified Land Services and Lane and Associates. tSUMMARY: The consultant services are needed for acquisition of rights of wa and qY easements associated with the Pacific Highway HOV project Under the City's procurement policy consultant service contracts for$25,000 or more excluding those associated with Architectural and Engineering services require council concurrence in order to be binding. The Pacific Highway HOV project has been an on going City Capital Improvement project for some time. The project will add a north and south bound HOV lane on Pacific Highway from City limits (SR 516, aka Kent Des Moines RD)to city limits (S 272°d St)along with curbs, gutters, sidewalks, street lighting, under grounding of the overhead power/telephone facilities etc. The ' bulk of the funding is state and federal grants. Much of the acquisitions are associated with the under grounding of the power facilities. The Public Works Department recommends that the Mayor be authorized to sign these service contracts. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact as the monies for same is included in the Pacific Highway HOV project fund. BACKGROUND: The City of Kent has been actively pursuing the implementation of the Pacific Highway(SR-99) HOV project since 1997. This project is funded primarily thru state and federal grants. This project as part of a regional project which stretches from Tukwila to Federal Way and includes the State DOT. Each city is constructing a similar road improvement thru its jurisdiction and where Pacific Highway lies within unincorporated King County(a section between Kent and Federal Way)the state will be constructing said road improvements. Besides having to follow federal procedures with regard to implementing this project much of the delays associated therewith have been with either the relocation and/or the under ground ' conversion of the private utilities(Quest and PSE) facilities. In fact much of the 43 right of way/easements acquisitions herein is related to PSE facilities. In order to get PSE to proceed Mayor White and Kent City Council I Pac Hwy Appraisal&Negotiation Contract with its under ground conversion right of ways for which these service contracts are associated therewith need to be executed. The sum total of these three service contracts is$163,980 for which monies therefore are included with the project fund. As such it is the Public Work Departments recommendation that the Mayor be authorized to sign same. Mayor White and Kent City Council 2 Pac Hwy Appraisal&Negotiation Contract , ' Consultant/Addressrfelephone Local Agency The Eastman Company Standard Consultant 1155 N 130thSt,Suite 304 Agreement Seattle,WA 98133 9 Contact Don Melton Agreement Number LA 4296,LA 4607,&LA 3467 (206)363-6611 ' Federal Aid Number Protect Title And Work Description SIML-0099(045),(060), &(067) Pacific Highway S HOV Lanes Agreement Type(Choose one) Preparation of appraisals for right-of--way ❑Lump Sum acquisition Lump Sum Amount $ ' ❑Cost Plus Fixed Fee Overhead Progress Payment Rate % DBE Participation Overhead Cost Method ❑Yes N No _ % ❑Actual Cost WBE Participation ❑Actual Cost Not To Exceed % ❑Yes N No % Federal ID Number or Social Security Number ❑Fixed Rate % _ 94-1730361 Fixed Fee $ Do you require a 1099 for IRS? Completion Date N Yes ❑No March 31,2005 ❑Specific Rates Of Pay [I Negotiated Hourly Rate Total Amount Authorized$ 42,000 00 ❑Provisional Hourly Rate Management Reserve Fund$— ®Cost Per Unit of Work Maximum Amount Payable$ 42,000 00 ' THIS AGREEMENT, made and entered into this 12th day of January 2004 ' between the Local Agency of City of Kent , Washington,hereinafter called the "AGENCY",and the above organization hereinafter called the"CONSULTANT" WITNESSETH THAT WHEREAS,the AGENCY desires to accomplish the above referenced project,and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT,and ' WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable,and has signified a willingness to furnish ' Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms,conditions, covenants and performance contained herein,or attached and incorporated and made a part hereof,the parties hereto agree as follows DOT Form 140-0ee EF Page 1 of 8 ai led i2fN All reports,PS&E materials,and other data,furnished GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be returned All designs,drawings,specifications, The work under this AGREEMENT shall consist of documents,and other work products prepared by the the above described work and services as herein CONSULTANT prior to completion or termination of defined and necessary to accomplish the completed this AGREEMENT are instruments of service for this work for this PROJECT The CONSULTANT shall PROJECT and are property of the AGENCY Reuse furnish all services,labor and related equipment by the AGENCY or by others acting through or on , necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT service, not occurring as a part of this PROJECT, ' shall be without liability or legal exposure to the II CONSULTANT SCOPE OF WORK IV The Scope of Work and project level of effort for this TIME FOR BEGINNING AND COMPLETION project is detailed in Exhibit"B"attached hereto,and , by this reference made a part of this AGREEMENT The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in III writing by the AGENCY All work under this , GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under All aspects of coordination of the work of this completion date AGREEMENT,with outside agencies,groups or individuals shall receive advance approval by the The established completion time shall not be extended AGENCY Necessary contacts and meetings with because of any delays attributable to the CONSULT- , agencies,groups or individuals shall be coordinated ANT,but may be extended by the AGENCY,in the through the AGENCY event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of ' The CONSULTANT shall attend coordination, GOD or governmental actions or other conditions progress and presentation meetings with the beyond the control of the CONSULTANT A prior AGENCY or such Federal,Community,State,City supplemental agreement issued by the AGENCY is ' or County officials,groups or individuals as may be required to extend the established completion time requested by the AGENCY The AGENCY will provide the CONSULTANT sufficient notes prior V , to meetings requiring CONSULTANT participation PAYMENT The minimum number of hours or days notice— The CONSULTANT shall be paid by the AGENCY ' required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"B" for completed work and services rendered under this attached hereto and made part of this AGREEMENT AGREEMENT as provided in Exhibit"C'attached hereto,and by this reference made part of this The CONSULTANT shall prepare a monthly ' progress report,in a form approved by the AGENCY, AGREEMENT Such payment shall be full oompen- that will outline in written and graphical form the sation for work performed or services rendered and various all labor,materials,supplies,equipment,and phases and the order of performance of the ' work in sufficient detail so that the progress of the incidentals necessary to complete the work work can easily be evaluated Goals for Disadvan- specified in Section li,"Stops of Work" The taged Business Enterprises(DBE)and Women CONSULTANT shall conform with all applicable Owned Business Enterprises(WBE)0 required shall Portions of 48 CFR 31 be shown in the heading of this AGREEMENT , Page 2 of 8 VI employees of the CONSULTANT only and not of the ' SUBCONTRACTING AGENCY,and any and all claims that may or might The AGENCY permits subcontracts for those items anse under any Workmen's compensabion Acton of work as shown in Exhibit G to this Agreement behalf of said employees or other persons while so engaged,and any and all claims made by a third party Compensation for this subconsultant work shall be as a consequence of any act or omission on the part of based on the cost factors shown on Exhibit G.at- the CONSULTANT's employees or other persons tached hereto and by this reference made a part of this while so engaged on any of the work or services AGREEMENT provided to be rendered herein,shall be the sole The work of the subconsultant shall not exceed its obligation and responsibility of the CONSULTANT maximum amount payable unless a prior wntten The CONSULTANT shall not engage,on a full or approval has been issued by the AGENCY part time basis,or other basis,during the period of the All reimbursable direct labor,overhead,direct non- contract,any professional or technical personnel who salary costs and fixed fee costs for the subconsultant are,or have been,at any time during the period of the shall be substantiated in the same manner as outlined contrail,in the employ of the United States Depart- in Section V.All subcontracts exceeding$10,000 in ment of Transportation,the STATE,or ttre cost shall contain all applicable provisions of this AGENCY,except regularly retired employees, AGREEMENT without written consent of the public employer of such person The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT Vill without prior written permission of the AGENCY No NONDISCRIMINATION permission for subcontracting shall create,between The CONSULTANT agrees not to discriminate the AGENCY and subcontractor,any contractor any against any client,employee or applicant for employ- other relationship merit or for services because of moos,creed,color, VII national origin,mental status,sex,age or handicap EMPLOYMENT except for a bona fide occupational qualification with The CONSULTANT warrants that helshe has not regard to,but not limited to the following employ- rent upgrading,demotion or transfer,recruitment or employed or retained any company or person,other than a bona fide employee working solely for the any recruitment adverbsing,a layoff or terminations, CONSULTANT,to solicit or secure this contract,and rates of pay or other forms of compensation,selection for training,rendition of services The CONSULT- that it has not paid or agreed to pay any company or ANT understands and agrees that if it violates this CONSULT- person,other than a bona fide employee working provision,this AGREEMENT may be terminated 6y solely for the CONSULTANT,any fee,commission, the AGENCY and further that the CONSULTANT percentage, brokerage fee,gift,or any other consider- shall be barred from performing any services for the ation,contingent upon or resulting from the award or AGENCY now or in the future unless a showing is making of this contract For breach or violation of this made satisfactory to the AGENCY that disrnnuna- ' warrant,the AGENCY shall have the right to annul tory practices have terminated and that recurrence of this AGREEMENT without liability,or in its discre- such action is unlikely bon,to deduct from the AGREEMENT price or consideration or othermse recover the full amount of During the performance of this AGREEMENT,the such fee,commission,percentage,brokerage fee,gift, CONSULTANT,for itself,its assignees and or oonbngent fee successors in interest agrees as follows Any and all employees of the CONSULTANT or A COMPLIANCE WITH REGULATIONS The other persons while engaged in the performance of CONSULTANT shall comply with the Regula- any work or services required of the CONSULTANT bons relative to nondiscrimination in the same under this AGREEMENT,shall be considered manner as in Federal-assisted programs of the Page 3 of 8 Department of Transportation,Title 49,Code of save possession of another who fails or refuses to Federal Regulations,Part 21,as they may be furnish this information the CONSULTANT shall ' amended from time to time,(hereinafter referred so certify to the AGENCY,or the United States to as the Regulations),which are herein mcorpo- Department of Transportation as appropriate,and rated by reference and made a part of this shall set forth what efforts it has made to obtain ' AGREEMENT The consultant shall comply the information with the American Disabilities Act of 1992,as amended E SANCTIONS FOR NONCOMPLIANCE In the , event of the CONSULTANT's noncompliance B NONDISCRIMINATION The CONSULTANT, with the nondiscrimination provisions of this with regard to the work performed by a during the AGREEMENT,the AGENCY shall impose , AGREEMENT,shall not discriminate on the such sanctions as it or the Federal Hghway grounds of race,creed,color,sex,age,mantel Administration may determine to be appropriate, status,national origin or handicap except for a including, but not limited to , bona fide occupational quatcation m the selec- tionand retention of subconsultants,including ANT Withholding of payments to the CONSULT- procurements of materials and leases of equip- ANT under the AGREEMENT until the , ment The CONSULTANT shall not participate CONSULTANT complies,and/or either directly or indirectly in the drscnmmabon 2 Cancellation,termination or suspension of the prohibited by Section 21 5 of the Regulations. AGREEMENT,in whole or in part including employment practices when the contract F INCORPORATION OF PROVISIONS The covers a program set forth inAppendix II of the Regulations CONSULTANT shall include the provisions of ' paragraphs(A)through(G)in every subcontract, C SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of , INCLUDING PROCUREMENTS OF MATERI- equipment,unless exempt by the Regulations or ALS AND EQUIPMENT In all solicitations directives issued pursuant thereto The CON- either by competitive bidding or negotiation made SULTANT shall take such action with respect to , by the CONSULTANT for work to be performed any subconsultant or procurement as the under a subcontract,including procurements of AGENCY or the Federal Fhghway Admunstra- materials or leases of equipment,each potential ton may direct as a means of enforcing such ' subconsultant or supplier shall be notified by the provisions including sanctions for noncomplr- CONSULTANT of the CONSULTANT's ance,provided,however,that,in the event a obligations under this AGREEMENT and the CONSULTANT becomes involved in,or is , Regulations relative to nondiscrimination on the threatened with,litigation with a subconsultant or grounds of race,creed,color,sex,age,mental supplier as a result of such direction,the CON- status,national origin and handicap ULTANT may request the AGENCY to enter D INFORMATION AND REPORTS The into such litigation to protect the interests of the CONSULTANT shall provide all information AGENCY,and in addition,the CONSULTANT and reports required by the Regulations,or may request the United States to enter into such ' directives issued pursuant thereto,and shall litigation to protect the interests of the United States ' permit access to its txwks,records,accounts, other sources of information, and its facilities as G UNFAIR EMPLOYMENT PRACTICES The may be determined by the AGENCY to be CONSULTANT shall comply with RCW pertinent to ascertain compliance with such 4960180 Regulations or directives Where any information required of the CONSULTANT is in the exclu- , Page 4 of 8 ' IX In the event of the death of any member,partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervi- The right is reserved by the AGENCY to terminate sory personnel assigned to the project,or,dissolution this AGREEMENT at any brine upon ten days written of the partnership,termination of the corporation,or notice to the CONSULTANT disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby L In the event this AGREEMENT is terminated by the agree to complete the work under the terms of this AGENCY other than for default on the part of the AGREEMENT,d requested to do so by the CONSULTANT,a final payment shall be made to the AGENCY The subsection shall not be a bar to CONSULTANT as shown in Exhibit F for the type of renegotiation of the AGREEMENT between the AGREEMENT used surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses ' No payment shall be made for any work completed after ten days following receipt by the CONSULT- In the event of the death of any of the parbes listed in ANT of the Notice to terminate If the accumulated the previous paragraph,should the surviving members payment made to the CONSULTANT prior to Notice of the CONSULTANT,with the AGENCY's ooncur- of Termination exceeds the total amount that would rence,desire to terminate this AGREEMENT, be due computed as set forth herein above,then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this secoon shall immediately reimburse the AGENCY for any Payment for any part of the work by the AGENCY excess paid shall not constitute a waver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type it may have against the CON- by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT,the above formula for payment shall not the CONSULTANT,or for failure of the CONSULT- apply In such an event,the amount to be paid shall be ANT to perform work required of it by the determined by the AGENCY with considerabon AGENCY Forbearance of any rights under the given to the actual costs incurred by the CONSULT- AGREEMENT will not constitute waiver of entitle- ANT in performing the work to the date of ment to exercise those rights with respect to any termination,the amount of work originally required future act or omission by the CONSULTANT which was satisfactory completed to date of termina- tion,whether that work is in a form or a type which is X usable to the AGENCY at the time of termination, CHANGES OF WORK the cost to the AGENCY of employing another firm The CONSULTANT shall make such changes and to complete the work required and the time which revisions in the complete work of this AGREEMENT maybe required to do so,and other factors which as necessary to correct errors appearing therein,when affect the value to the AGENCY of the work per- required to do so by the AGENCY,without additional formed at the bme of termination Under no compensation thereof Should the AGENCYflnd it circumstances shall payment made under this subset• desirable for its own purposes to have previously Lon exceed the amount which would have been made satisfactory completed work or parts thereof using the formula set forth in the previous paragraph changed or revised,the CONSULTANT shall make If it is determined for any reason that the CONSULT- such revisions as directed by the AGENCY This 1 ANT was not in default or that the CONSULTANT's work shall be considered as Extra Work and will be failure to perform is without it or it's employee's fault paid for as herein provided under Section XN or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT Page 6 of a XI that nothing herein shall require a CONSULTANT to DISPUTES indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from Any dispute concerning questions of fad in cornea ton with the work not disposed of by AGREEMENT claims,demands or suits based solely upon the conduct of the AGENCY and the STATE,their between the CONSULTANT and the AGENCY shall agents,officers and employees and provided further be referred for determination to the Director of Public that it the claims or suits are caused by or result from ' Works or AGENCY Engineer,whose decision in the the concurrent negligence of(a)the matter shall be final and binding an the parties of this CONSULTANT'S agents or employees and(b)the AGREEMENT,prodded however,that it an action is AGENCY and the STATE,their agents,officers and , brought challenging the Director of Public Works or employees,this indemnify provision with respect to AGENCY Engineers decision,that decision shall be _ (t)claims or suits based upon such negligence,(2)the subject to de nova judicial review , costs to the AGENCY and the STATE of defending XII such claims and suits,etc,shall be valid and enforce- VENUE, APPLICABLE LAW AND able only to the extent of the CONSULTANTS PERSONAL JURISDICTION negligence or the negligence of the CONSULTANTS agents or employees In the event that either party deems it necessary to institute legal action or proceedings to enforce any The CONSULTANT's relation to the AGENCY shall right or obligation under this AGREEMENT,the be at all times as an independent contractor parties hereto agree that any such action shall be The CONSULTANT specifically assumes potential initiated in the Superior court of the State of Washing- liability for actions brought by the CONSULTANT's ton,situated in the county the AGENCY is located in own employees against the AGENCY and,solely for The parties hereto agree that all questions shall be the purpose of this indemnification and defense,the resolved by application of Washington law and that CONSULTANT specifically waives any immunity the parties to such action shall have the right of appeal under the state industrial insurance law,Title 51 from such decisions of the Superior court in acoor- RCW The CONSULTANT recognizes that this , dance with the laws of the Stale of Washington The waiver was specifically entered into pursuant to the CONSULTANT hereby consents to the personal provisions of RCW 4 24115 and was the subject of jurisdiction of the Superior court of the State of mutual negotiation Washington,situated in the county in which the AGENCY is located in Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of ' XIII construction contracts,if any,on the project Subject LEGAL RELATIONS AND INSURANCE to the processing of an acceptable,supplemental The CONSULTANT shall comply with all Federal, agreement,the CONSULTANT shall provide on-call State,and local laws and ordinances applicable to the assistance to the AGENCY during contract adminis- work to be done under this AGREEMENT This tration By providing such assistance,the AGREEMENT shalt be interpreted and construed in CONSULTANT shall assume no responsibility for ' accord with the laws of Washington proper construction techniques,job site safety,or any construction contractor's failure to perform its work The CONSULTANT shall indemnify and hold the rn accordance with the contract documents , AGENCY and the STATE,and their officers and employees harmless from and shall process and The CONSULTANT shall obtain and keep in force defend at its own expense all claims,demands,or during the terms of the AGREEMENT,or as other- , suits at law or equity ansing in whole or in part from wise required,the following insurance with the CONSULTANTs negligence or breach of any of companies or through sources approved by the State its obligations under this AGREEMENT,provided Insurance Commissioner pursuant to RCW 48 ' Page 6 of 8 XIV Insurance Coverage EXTRA WORK A Worker's compensation and employer's liability A The AGENCY may at any time,by wntten order, insurance as required by the STATE make changes within the general scope of the AGREEMENT in the services to be performed B General commercial liability insurance in an If any such change causes an increase or decrease mount not lose than a single lirrxt of one million and 001100 Dollars($1,000,000 00)for bodily in the estimated cost of,or the time required for, injury,including death and property damage performance of any part of the work under this per occurrence AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and Excepting the Workers Compensation insurance and conditions of the AGREEMENT,the AGENCY any professional hability insurance secured by the shall make an equdable adjustment in the CONSULTANT,the AGENCY will be named on all (1)maximum amount payable,(2)delivery or certificates of insurance as an additional insured The completion schedule,or both,and(3)other CONSULTANT shall furnish the AGENCY with affected terms and shall modify the AGREE- verification of insurance and endorsements required MENT accordingly by this AGREEMENT The AGENCY reserves the nght to require complete,certified copies of all C The CONSULTANT must submd its'request required insurance policies at any time for equitable adjustmenr(hereafter referred to as claim)under this clause within 30 days from All insurance shall be obtained from an insurance the date of receipt of the written order However, company authorized to do business in the State of if the AGENCY decides that the facts justify it Washington The CONSULTANT shall submit a the AGENCY may receive and act upon a claim venfication of insurance as outlined above within submitted before final payment of the 14 days of the execution of this AGREEMENT to AGREEMENT the AGENCY D Failure to agree to any adjustment shall be a No cancellation of the foregoing policies shall be dispute under the Disputes clause However effective without thirty(30)days pnor notice to nothing in this clause shall excuse the CON- the AGENCY SULTANT from proceeding with the The CONSULTANTS professional liability to the AGREEMENT as changed ' AGENCY shall be limited to the amount payable E Notwithstanding the terms and condition of under this AGREEMENT or one million dollars, paragraphs(a)and(b)above,the maximum whichever is the greater unless modified by amount payable for this AGREEMENT,shall Exhibit H In no case shall the CONSULTANT's not be increased or considered to be increased professional liability to third parties be limited in except by specific written supple ment to this any way AGREEMENT ' The AGENCY will pay no progress payments XV under Section V until the CONSULTANT has fully ENDORSEMENT OF PLANS ' complied with this sedan Tlas remedy is not exclu- sive,and the AGENCY and the STATE may take The CONSULTANT shall place his endorsement on such other action as is available to them under other all plans,estimates or any other engineenng data provisions of this AGREEMENT,or otherwise in law furnished by him Page 7 of 8 I XVI XVIII , FEDERAL AND STATE REVIEW COMPLETE AGREEMENT The Federal Highway Administration and the This document and referenced attachments contains Washington State Department of Transportation all covenants,stipulations and provisions agreed upon shall have the right to participate in the review or by the parties No agent,or representative of either examination of the work in progress party has authority to make,and the parties shall not ' be bound by or be liable for,any statement,represen- XVII tatron,promise or agreement not set forth herein No CERTIFICATION OF THE CONSULTANT changes,amendments,or modifications of the terms AND THE AGENCY hereof shall be valid txx>sess reduced to writing and Attached hereto as Exhibit"A-1", are the signed by the parties as an amendment to this Certifications of the Consultant and the Agency, AGREEMENT Exhibd"A-2'Certification regarding debarment, XIX suspension and other responsibility matters-primary EXECUTION AND ACCEPTANCE covered transactions,Exhibit'A-3"Certification , regarding the restrictions of the use of Federal funds This AGREEMENT may be simultaneously executed for lobbying,and Exhibrt'A-4'Certificate of Current in several counterparts,each of which shall be Cost or Pricing Data Exhibrts'A-3"and'A-4"are deemed to be an original having identical legal effect only required in Agreements over$100,000 The CONSULTANT does hereby ratify and adopt all statements,representations,warranties,covenants, , and agreements contained in the proposal,and the supporting materials submitted by the CONSULT- ANT,and does hereby accept the AGREEMENT and ' agrees to all of the terms and conditions thereof In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year first above written BY By Consultant Agency Ctty of Kent Page 8 of a ' Consultant/Address/relephone Supplemental Signature The Eastman Company Page for 1155 N 130th St., Suite 304 Standard Consultant Seattle,WA 98133 Agreement Contact Don Melton Agreement Number Protect Title And Work Description LA 4296,LA 4607, &LA 3467 Pacific Highway S HOV Lanes Federal Aid Number STPUL-0099(045), (060) &(067) Preparation of appraisals for right-of-way Local Agency acquisition City of Kent ' THIS AGREEMENT,made and entered into this 24th day of May 2004 , between the Local Agency of City of Kent Washington,hereinafter called the "AGENCY'.and the above organization hereinafter called the"CONSULTANT" In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year first above written CONSULTANT LOCAL AGENCY By BY Consultant Agency City of Kent By 9y Consultant Agency By Agency BY Agency DOT Fain 14"M EF Revised 4M Exhibit A-1 ' Certification Of Consultant Project No LA 42%,4607&3467 Local Agency Kent I hereby certify that I am and duly authorized representative of the firm of The Eastman Company whose address is 1155 N 130th St, Suite 304,Seattle,WA 98133 and that neither I nor the above ' firm I here represent has (a) Employed or retained for a commission,percentage,brokerage,contingent fee or other consideration,any ' firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure this contract (b) Agreed,as an express or implied condition for obtaining this contract,to employ or to retain the services of any firm or person in connection with carrying out the contract (c) Paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribution donation or consideration of any land for,or in connection with procuring or carrying out the contract,except as here expressly stated(if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and 1 that the firm is in full compliance with the requirements of the board of Professional Registration I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Admimstration,U S Department of Transportation,in connection with this contract involving , participation of Federal aid funds and is subject to applicable State and Federal laws,both criminal and civil Date Signature Certification of Agency Official , I hereby certify that I am the AGENCY Official of the Local Agency of City of Kent Washington and that the above consulting firm or their representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to ' (a) Employ or retain, or agree to employ or retain, any firm or person,or (b) Pay or agree to pay to any firm,person or organization,any fee,contribution,donation or consideration of , any kind,except as here expressly stated(if any) I acknowledged that this certificate is to be available to the Federal Highway Administration,U S Department of Transportation,in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws,both criminal and civil. Date Signature , t t Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions t 1. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals. (a) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily ' excluded from covered transactions by any federal department or agency, (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment j t rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction,violation of federal or state antitrust statues or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,malting false statements,or receiving stolen property, (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state,or local)with commission of any of the offenses enumerated in paragraph 1 b of this certification, and t (d) Have not within a three-year period preceding tlus application/proposal bad one or more public transactions(federal,state, or local)terminated for cause or default t2 Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Consultant(Firm) The Eastman Company (Date) (Signature)President or Authorized Oiflaal of Consultant t t t 1 Exhibit A-3 i Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her ' knowledge and belief,that 1 No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress,an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the malong of any federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any federal contract,grant,loan,or cooperative agreement 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with this federal contract, grant,loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying,"in accordance with its instructions This certification is a material representation of fact upon which reliance was placed when tins transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,US Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed$100,000 and that all such subrecrpients shall certify and disclose accordingly Consultant(Fum) The Eastman Company (Date) (Signature)President or Authorized Official of Consultant 1 1 Exhibit A-4 Certificate of Current Cost or Pricing Data This is to verify that,to the best of my knowledge and belief,the cost or pricing data(as defined in section 15 401 of the Federal Acquisition Regulation(FAR)and required under FAR subsection 15 403-4) submitted, either actually or by specific identification in writing,to the contracting officer or to the contracting officer's representative in support of Pacific Highway S HOV Lanes * are accurate, complete,and current as of ** This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal Firm The Eastman Company Name Title I Date of Execution*** * Identify the proposal,quotation,request for price adjustment,or other submission involved, giving the appropriate identifying number(e g,RFP No) j ** Insert the day,month,and year when price negotiations were concluded and price agreement was reached *** Insert the day,month,and year of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to i Exhibit B-1 Scope of Work Project No LA 42K 4607&3467 See Attached Documents To Be Furnished By The Consultant , 1 1 t t 1 1 1 ATTACHMENT A SCOPE OF WORK The Eastman Company will provide"summary format"appraisals for the Pacific Highway South HOV Lanes Project This work will include the preparation of23 parcels on the South Phase, l b parcels for the Middle Phase and 4 parcels for the North Phase for a total of 43 parcels This project consists of acquinng parcels for the construction of the City of Kent's Pacific Highway South HOV Lanes Project.The ownerslups are a mix of residential, multi-family and commercial parcels ' We can begin work on this project immediately and estimate that it will take between 30 and 45 days to complete the project form the date that we receive notice to proceed, assuming that all mformatiort(maps,title reports,etc.)is provided on a timely bases In order to speed up the overall acquisition process,we will provide groups of the finished appraisals to you as they are completed I t t i - 1 1 1 I t I Exhibit C-3 ' Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter Such payment shall be full compensation for work performed or services , rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work The CONSULTANT shall conform with all applicable portions of 48 CFR 31 1 Hourly Rates ' The CONSULTANT shall be paid by the AGENCY for work done,based upon the negotiated hourly rates shown in Exhibits])and E attached hereto and by this reference made part of this AGREEMENT The rates listed shall be applicable for the first 12-month period and shall be subject to negotiation for the following 12-month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent 12-month periods withm 90 days after completion of the previous period,the rates , listed in this AGREEMENT or subsequent written authonzation(s)from the AGENCY shall be utilized for the life of the AGREEMENT. The rates are inclusive of direct salaries,payroll additives,overhead,and fee In the event renegotiation of the hourly rates is conducted,the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accordingly Any changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments 2 Direct Nousalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT These charges may include,but are not limited to the following items:travel,printing,long distance telephone,supplies,computer charges, and fees of subconsultants Air or tram travel will only be reimbursed to economy class levels unless , otherwise approved by the AGENCY Automobile mileage for travel will be reimbursed as the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and designation of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees The billing for nonsalary cost,directly identifiable with the PROJECT,shall be an itemized listing of the charges supported by the original bills, invoices,expense accounts,and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the AGENCY upon request All above charges must be necessary for the services provided under this AGREEMENT 3 Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s)shall be in writing and shall not exceed the lesser of$50,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT The amount included for the Management Reserve Fund is shown in the heading of this agreement This fund maybe replenished m a subsequent supplemental agreement Any changes requiring additional costs in excess of the'Mariagement Reserve Fund"shall be made in accordance with Section XIV,`Extra Work" 4 Maximum Amount Payable The maximum amount payable for completion of work under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT The maximum amount payable includes the Management Reserve Fund,but does not include payment for extra work as stipulated in Section XIV,"Extra Work" No muvmurn amount payable is guaranteed under this AGREEMENT 5 Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D and E,including names and classifications of all employees,and invoices for all direct nonsalary expenses To provide a means of verifying the invoiced salary costs for the consultant's employees,the agency may conduct employee interviews These interviews may consist of recording the names,titles,salary rates,and present duties of those employees performing work on the project at the time of the interview_ 6. Inspection of Cost Records The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the AGENCY,STATE,and the United States,for a period of three years after final payment, the cost records and accounts pertammg to this AGREEMENT and all items related to or bearing upon these records with following exception. if any litigation,claim,or audit is started before the three-year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved The three-year retention period begins when the CONSULTANT receives final payment 7 Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports,and other related documents which are required to be furnished under this AGREEMENT Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance Said final payment shall not,however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit,all required adjustments will be made and reflected in a final payment In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment ' to the AGENCY within nmety(90)days of notice of the overpayment Such refund shall not constitute a waiver by the CONSULTANT or any claims relating to the validity of a finding by the AGENCY of overpayment I Exhibit D-2 ' Consultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Hourly Overhead Profif Rate 1 Discipline or Job Title Rate @ yo @ % Per Hour See Attached r 1 i 1 1 1 t 4 I 1 i ATTACHMENT B EST""TED BUDGET i The Eastman Company will provide"summary format"appraisals for the Pacific Highway South HOV Lanes Project The estimated budget for this work is as follows t South 4 1,200 $4,800 Middle 16 1,200 $19,200 North 23 1,200 $27,600 Total 1 43 1 1 $51,600 I t i ! I 1 i t t Exhibit F Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT In addition,the CONSULTANT shall be paid for any authorized extra work completed Cost Plus Fixed Fee Contracts l A final payment shall be made to the CONSULTANT which when added to any payments previously made,shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of temunation is to the total work required for the Project In addition,the CONSULTANT shall be paid for any authorized extra work completed Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of tlus AGREEMENT Consultant/Address/Telephone Local Agency Certified Land Services Standard Consultant 454544thAve SW Agreement Seattle,WA 98116 g Contact Regina Reichart Agreement Number LA 4296, LA 4607&LA 3467 (206)287-9858 Federal Aid Number Project Title And Work Descnpbon STPUL-0099 (045),(060) & (067) Pacific Highway S HOV Lanes Agreement Type(Choose one) Negotiation for right-of-way acquisition ❑Lump Sum Lump Sum Amount $ ❑Cost Plus Fixed Fee Overhead Progress Payment Rate % DBE Participation Overhead Cost Method ❑Yes ®No _ % ❑Actual Cost WBE Participation ❑Actual Cost Not To Exceed % ❑Yes ®No % Federal ID Number or Social Security Number ❑Fixed Rate % 94-1730361 Fixed Fee $ Do you require a 1099 for IRS7 Completion Date Specific Rates Of Pay ®Yes ❑No March 31,2005 ® ®Negotiated Hourly Rate Total Amount Authorized$ 56,980 00 ❑Provisional Hourly Rate Management Reserve Fund $ ❑Cost Per Unit of Work 56,980 00 Maximum Amount Payable$ THIS AGREEMENT, made and entered into this 24th day of May 2004 between the Local Agency of City of Kent Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the"CONSULTANT' WITNESSETH THAT WHEREAS,the AGENCY desires to accomplish the above referenced project, and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT,and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof, the parties hereto agree as follows DOT Form 140-M EF Page 1 of 8 Revised 12199 I All reports,PS&E materials,and other data,furnished GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be returned All designs,drawings,specifications, The work under this AGREEMENT shall consist of documents,and other work products prepared by the the above described work and services as harem CONSULTANT prior to completion or termination of defined and necessary to accomplish the completed this AGREEMENT are instruments of service forthis work for this PROJECT The CONSULTANT shall PROJECT and are property of the AGENCY Reuse furnish all services,labor and related equipment by the AGENCY or by others acting through or on necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT service,not occurring as a part of this PROJECT, shall be without liability or legal exposure to the II CONSULTANT SCOPE OF WORK IV The Scope of Work and project level of effort for this TIME FOR BEGINNING AND COMPLETION project is detailed in Exhibit"B"attached hereto,and by this reference made a part of this AGREEMENT The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in III writing by the AGENCY All work under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the data shown in the heading of this AGREEMENT under All aspects of coordination of the work of this completion date AGREEMENT,with outside agencies,groups or individuals shall receive advance approval by the The established completion time shall not be extended AGENCY Necessary contacts and meetings with because of any delays attributable to the CONSULT. agencies,groups or individuals shall be coordinated ANT,but may be extended by the AGENCY,in the through the AGENCY event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of The CONSULTANT shall attend coordination' GOD or governmental actions or other conditions progress and presentation meetings with the beyond the control of the CONSULTANT A prior AGENCY or such Federal,Community,State,City supplemental agreement issued by the AGENCY is or County officials,groups or individuals as may be required to extend the established completion time requested by the AGENCY The AGENCY will Provide the CONSULTANT sufficient notice prior V to meetings requiring CONSULTANT participation PAYMENT The minimum number of hours or days notice— required shall be agreed to between the AGENCY The CONSULTANT shall be paid by the AGENCY and the CONSULTANT and shown in Exhibit"B" for completed work and services rendered under this attached hereto and made part of this AGREEMENT AGREEMENT as provided in Exhibit"C"attached The CONSULTANT shall prepare a monthly hereto,and by this reference made part of this Progress report,in a form approved by the AGENCY, AGREEMENT Such payment shall be full compen- that will outline in written and graphical form the sation for work performed or services rendered and various phases and the order of performance of the for all labor,materials,supplies,equipment,and work in sufficient detail so that the progress of the incidentals necessary to complete the work work can easily be evaluated Goals for Disadvan- specified in Section II,"Scope of Work' The taged Business Enterprises(DBE)and Women CONSULTANT shall conform with all applicable Owned Business Enterprises(WBE)it required shall portions of 48 CFR 31 be shown in the heading of this AGREEMENT Page 2 of 8 VI employees of the CONSULTANT only and not of the SUBCONTRACTING AGENCY, and any and all claims that may or might The AGENCY permits subcontracts for those items arise under any Workmen's compensation Act on of work as shown in Exhibit G to this Agreement behalf of said employees or other persons while so engaged,and any and all claims made by a third party Compensation for this subconsultant work shall be as a consequence of any act or omission on the part of based on the cost factors shown on Exhibit G,at- the CONSULTANT's employees or other persons tached hereto and by this reference made a part of this while so engaged on any of the work or services AGREEMENT provided to be rendered herein,shall be the sole The work of the subconsultant shall not exceed its obligation and responsibility of the CONSULTANT maximum amount payable unless a prior written The CONSULTANT shall not engage,on a full or approval has been issued by the AGENCY part time basis,or other basis,during the period of the All reimbursable direct labor,overhead,direct non- contract,any professional or technical personnel who salary costs and fixed fee costs for the subconsultant are,or have been,at any time during the period of the shall be substantiated in the same manner as outlined contract,in the employ of the United States Depart- s Section V All subcontracts exceeding$10,000 in ment of Transportation,the STATE,or the cost shall contain all applicable provisions of this AGENCY,except regularly rebred employees, AGREEMENT without written consent of the public employer of The CONSULTANT shall not subcontract for the such person performance of any work under this AGREEMENT Vill without prior written permission of the AGENCY No NONDISCRIMINATION permission for subcontracting shall create,between the AGENCY and subcontractor,any contract or any The CONSULTANT agrees not to discriminate other relationship against any client,employee or applicant for ernploy- ment or for services because of race,creed,color, VII national origin,marital status,sex,age or handicap EMPLOYMENT except for a bona fide occupational qualification with The CONSULTANT warrants that he/she has not regard to,but not limited to the following employ- ment upgrading,demotion or transfer,recruitment or employed or retained any company or person,other any recruitment advertising,a layoff or terminations, than a bona fide employee working solely for the rates of pay or other forms of compensation, selection CONSULTANT,to solicit or secure this contract,and i for training,rendition of services The CONSULT- that it has not paid or agreed to pay any company or ANT understands and agrees that if it violates s person,other than a bona fide employee working this provision,this AGREEMENT may be terminated by solely for the CONSULTANT,any fee,commission, the AGENCY and further that the CONSULTANT percentage,brokerage fee,gift,or any other consider- shall be barred from performing any services for the ation,contingent upon or resulting from the award or AGENCY new or in the future unless a showing is making of this contract For breach or violation of this made satisfactory to the AGENCY that discnmina- warrant,the AGENCY sham/have the right to annul tory practices have terminated and that recurrence of this AGREEMENT without liability,or in its discre such action is unlikely tion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of During the performance of this AGREEMENT,the such fee,commission,percentage, brokerage fee,gift, CONSULTANT,for itself,its assignees and or contingent fee successors in interest agrees as follows Any and all employees of the CONSULTANT or A COMPLIANCE WITH REGULATIONS The other persons while engaged in the performance of CONSULTANT shall comply with the Regula- any work or services required of the CONSULTANT bons relative to nondiscrimination in the same under this AGREEMENT,shall be considered manner as in Federal-assisted programs of the Page 3 of 8 Department of Transportation,Title 49,Code of save possession of another who fads or refuses to Federal Regulations,Part 21,as they may be furnish this information the CONSULTANT shall amended from time to time,(hereinafter referred so certify to the AGENCY,or the United States to as the Regulations),which are herein incorpo- Department of Transportation as appropriate,and rated by reference and made a part of this shall set forth what efforts it has made to obtain AGREEMENT The consultant shall comply the information with the American Disabilities Act of 1992,as amended E SANCTIONS FOR NONCOMPLIANCE In the event of the CONSULTANT's noncompliance B NONDISCRIMINATION The CONSULTANT, with the nondiscrimination provisions of this with regard to the work performed by it during the AGREEMENT,the AGENCY shall impose AGREEMENT,shall not discriminate on the such sanctions as it or the Federal Highway grounds of race,creed,color,sex,age,marital Administration may determine to be appropriate, status,national origin or handicap except for a including,but not limited to bona fide occupational qualification in the selec- tion and retention of subconsultants, including 1 Withholding of payments to the CONSULT- procurements of materials and leases of equip- ANT under deerr the AGREEMENT until the ment The CONSULTANT shall not participate CONSULTANT complies,and/or either directly or indirectly in the discrimination 2 Cancellation,termination or suspension of the prohibited by Section 215 of the Regulations, AGREEMENT,in whole or in part including employment practices when the contract covers a program set forth in Appendix II of the F INCORPORATION OF PROVISIONS The CONSULTANT shall include the provisions of Regulations paragraphs(A)through(G)in every subcontract, C SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of INCLUDING PROCUREMENTS OF MATERI- equipment,unless exempt by the Regulations or ALS AND EQUIPMENT In all solicitations directives issued pursuant thereto The CON- either by competitive bidding or negotiation made SULTANT shall take such action with respect to by the CONSULTANT for work to be performed any subconsultant or procurement as the under a subcontract,including procurements of AGENCY or the Federal Highway Administra- materials or leases of equipment,each potential lion may direct as a means of enforcing such subconsultant or supplier shall be notified by the provisions including sanctions for noncompli- CONSULTANT of the CONSULTANT's ance,provided,however,that,in the event a obligations under this AGREEMENT and the CONSULTANT becomes involved in,or is Regulations relative to nondiscrimination on the threatened with,litigation with a subconsultant or grounds of race,creed,color,sex,age,marital supplier as a result of such direction,the CON- status,national origin and handicap ULTANT may request the AGENCY to enter D INFORMATION AND REPORTS The into such litigation to protect the interests of the CONSULTANT shall provide all information AGENCY,and in addition,the CONSULTANT and reports required by the Regulations,or may request the United States to enter into such directives issued pursuant thereto,and shall litigation to protect the interests of the United permit access to its books,records,accounts, States other sources of information,and its facilities as G UNFAIR EMPLOYMENT PRACTICES The may be determined by the AGENCY to be CONSULTANT shall comply with RCW pertinent to ascertain compliance with such 49 60 180 Regulations or directives Where any information required of the CONSULTANT is in the exclu- Page 4 of 8 IX In the event of the death of any member,partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervi- sory personnel assigned to the project,or,dissolution The night is reserved by the AGENCY to terminate of the partnership,termination of the corporation,or this AGREEMENT at any time upon ten days written disaffiliation of the pnnapally involved employee, notice to the CONSULTANT the surviving members of the CONSULTANT hereby In the event this AGREEMENT is terminated by the agree to complete the work under the terms of this AGENCY other than for default on the part of the AGREEMENT,rf requested to do so by the CONSULTANT,a final payment shall be made to the AGENCY The subsection shall not be a bar to CONSULTANT as shown in Exhibit F for the type of renegobabon of the AGREEMENT between the AGREEMENT used surviving members of the CONSULTANT and the No payment shall be made for any work completed AGENCY,if the AGENCY so chooses after ten days following receipt by the CONSULT- In the event of the death of any of the parties listed in ANT of the Notice to temunate If the accumulated the previous paragraph,should the surviving members payment made to the CONSULTANT prior to Notice of the CONSULTANT,with the AGENCY's concur- of Termination exceeds the total amount that would rence,desire to terminate this AGREEMENT, be due computed as set forth herein above,then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this section shall immediately reimburse the AGENCY for any Payment for any part of the work by the AGENCY excess paid shall not constitute a waiver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type it may have against the CON- by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT,the above formula for payment shall not the CONSULTANT,or for failure of the CONSULT- apply In such an event,the amount to be paid shall be ANT to perform work required of it by the determined by the AGENCY with consideration AGENCY Forbearance of any rights under the given to the actual costs incurred by the CONSULT AGREEMENT will not constitute waiver of entitle- ANT in performing the work to the date of ment to exercise those rights with respect to any termination,the amount of work originally required future act or omission by the CONSULTANT which was satisfactorily completed to date of terming bon,whether that work is in a form or a type which is X CHANGES OF WORK usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firth The CONSULTANT shall make such changes and to complete the work required and the time which revisions in the complete work of this AGREEMENT maybe required to do so,and other factors which as necessary to correct errors appearing therein,when affect the value to the AGENCY of the work per- required to do so by the AGENCY,without additional formed at the time of termination Under no compensation thereof Should the AGENCY find it circumstances shall payment made under this subsec- desirable for its own purposes to have previously tion exceed the amount which would have been made satisfactorily completed work or parts thereof using the formula set forth in the previous paragraph changed or revised,the CONSULTANT shelf make If it is determined for any reason that the CONSULT- such revisions as directed by the AGENCY This ANT was not in default or that the CONSULTANT's work shall be considered as Extra Work and will be failure to perform rs without it or it's employee's fault Paid for as herein provided under Section XIV or negligence,the terminabon shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT Page 5 of a i XI that nothing herein shall require a CONSULTANT to DISPUTES indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from Any dispute concemrng questions of fact in oonnec- claims,demands or suits based solely upon the bon with the work not disposed of by AGREEMENT conduct of the AGENCY and the STATE,their between the CONSULTANT and the AGENCY shall agents,officers and employees and provided further be referred for determination to the Director of Public that if the claims or surfs are caused by or result from Works or AGENCY Engineer,whose decision in the the concurrent negligence of(a)the matter shall be final and binding on the parties of this CONSULTANT'S agents or employees and(b)the AGREEMENT,provided however,that it an action is AGENCY and the STATE,their agents,officers and � brought challenging the Director of Public Works or employees,this indemnity provision with respect to AGENCY Engineer's decision,that decision shall be (1)claims or suds based upon such negligence,(2)the subject to de novo judicial review costs to the AGENCY and the STATE of defending XII such claims and suds,etc shall be valid and enforce- VENUE, APPLICABLE LAW AND able only to the extent of the CONSULTANT s PERSONAL JURISDICTION negligence or the negligence of the CONSULTANT's agents or employees In the event that either party deems it necessary to ; institute legal action or proceedings to enforce any The CONSULTANT's relation to the AGENCY shall right or obligation under this AGREEMENT,the be at all times as an independent contractor parties hereto agree that any such action shall be The CONSULTANT specifically assumes potential initiated in the Superior court of the State of Washing- liability for actions brought by the CONSULTANT's ton,situated in the county the AGENCY is located in own employees against the AGENCY and,solely for The parties hereto agree that all questions shall be the purpose of this indemnification and defense,the resolved by application of Washington law and that CONSULTANT specifically waives any immunity the parties to such action shall have the right of appeal under the state industrial insurance law,Title 51 1 from such decisions of the Superior court in accor- RCW The CONSULTANT recognizes that this dance with the laws of the State of Washington The waiver was specifically entered into pursuant to the CONSULTANT hereby consents to the personal provisions of RCW 4 24 115 and was the subject of jurisdiction of the Superior court of the State of mutual negotiation Washington,situated in the county in which the AGENCY is located in Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of XIII construction contracts,if any,on the project Subject LEGAL RELATIONS AND INSURANCE to the processing of an acceptable,supplemental 1 The CONSULTANT shag comply with all Federal, agreement,the CONSULTANT shall provide on-call State,and local laws and ordinances applicable to the assistance to the AGENCY during contract admims- work to be done under this AGREEMENT This tration By providing such assistance,the AGREEMENT shall be interpreted and construed in CONSULTANT shall assume no responsibility for accord with the laws of Washington proper construction techniques,job site safety,or any construction contractor's failure to perform its work The CONSULTANT shall indemnify and hold the in accordance with the contract documents AGENCY and the STATE,and their officers and employees harmless from and shall process and The CONSULTANT shall obtain and keep in force defend at its own expense all claims,demands,or during the terms of the AGREEMENT,or as other- suds at law or equity ansing in whole or in part from wise required,the following insurance with the CONSULTANT's negligence or breach of any of companies or through sources approved by the State Irts obligations under this AGREEMENT,provided Insurance Commissioner pursuant to RCW 48 Page 6 of 8 1 wv 1Insurance Coverage EXTRA WORK A Worker's compensation and employer's liability A The AGENCY may at any time, by written order, insurance as required by the STATE make changes within the general scope of the AGREEMENT in the services to be performed B General commercial liability insurance in an amount not less than a single limit of one million B If any such change causes an increase or decrease and 00/100 Dollars($1,000,000 00)for bodily in the estimated cost of,or the time required for, injury,including death and property damage performance of any part of the work under this per occurrence AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and Excepting the Worker's Compensation insurance and conditions of the AGREEMENT,the AGENCY any professional liability insurance secured by the shall make an equitable adjustment in the CONSULTANT,the AGENCY will be named on all (1)maximum amount payable,(2)delivery or certificates of insurance as an additional insured The completion schedule,or both,and (3)other CONSULTANT shall furnish the AGENCY with affected terms and shall modify the AGREE- verification of insurance and endorsements required MENT accordingly by this AGREEMENT The AGENCY reserves the right to require complete,certified copies of all C The CONSULTANT must submit its"request required insurance policies at anytime for equitable adjustment"(hereafter referred to as claim)under this clause within 30 days from All insurance shall be obtained from an insurance the date of receipt of the written order However, company authorized to do business in the State of if the AGENCY decides that the facts justify it, Washington The CONSULTANT shall submit a the AGENCY may receive and act upon a claim verification of insurance as outlined above within submitted before final payment of the 14 days of the execution of this AGREEMENT to AGREEMENT the AGENCY D Failure to agree to any adjustment shall be a No cancellation of the foregoing policies shall be dispute under the Disputes clause However effective without thirty(30)days prior notice to nothing in this clause shag excuse the CON- the AGENCY SULTANT from proceeding with the The CONSULTANT's professional liability to the AGREEMENT as changed AGENCY shall be limited to the amount payable E Notwithstanding the terms and condition of under this AGREEMENT or one million dollars, paragraphs(a)and(b)above,the maximum whichever is the greater unless modified by amount payable for this AGREEMENT,shall Exhibit H In no case shall the CONSULTANT's not be increased or considered to be increased professional liability to third parties be limited in except by specific written supplement to this anyway AGREEMENT The AGENCY will pay no progress payments XV 1 under Section V until the CONSULTANT has fully ENDORSEMENT OF PLANS complied with this section This remedy is not exclu- sive,and the AGENCY and the STATE may take The CONSULTANT shall place his endorsement on such other action as is available to them under other all plans,estimates or any other engineering data provisions of this AGREEMENT,or otherwise in law furnished by him Page 7 of 8 XVI XVIII FEDERAL AND STATE REVIEW COMPLETE AGREEMENT The Federal Highway Administration and the This document and referenced attachments contains Washington State Department of Transportation all covenants,stipulations and provisions agreed upon shall have the right to participate in the review or by the parties No agent,or representative of either exammation of the work m progress party has authority to make,and the parties shall not be bound by or be liable for,any statement,represen- XVII tation, promise or agreement not setforth herein No CERTIFICATION OF THE CONSULTANT changes,amendments,or modifications of the terms AND THE AGENCY hereof shall be valid unless reduced to writing and Attached hereto as Exhibit"A-1',are the signed by the parties as an amendment to this Certifications of the Consultant and the Agency, AGREEMENT Exhibit"A-2"Certification regarding debarment, XIX i suspension and other responsibility matters-primary EXECUTION AND ACCEPTANCE covered transactions,Exhibit"A-3"Certification regarding the restrictions of the use of Federal funds This AGREEMENT may be simultaneously executed for lobbying,and Exhibit"A4"Certificate of Current in several counterparts,each of which shall be Cost or Pricing Data Exhibits"A-3"and"A-4"are deemed to be an original having identical legal effect only required in Agreements over$100,000 The CONSULTANT does hereby ratify and adopt all statements,representations,warranties,covenants, and agreements ccnlamed in the proposal,and the supporting materials submitted by the CONSULT- ANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written By By Consultant Agency City of Kent Page 8 of a Supplemental Signature Consultant/Addresslfelephone Certified Land Services Page for , 4535 44th Ave SW Standard Consultant Seattle,WA 98116 Agreement I Contact Regina Reichart Agreement Number Project True And Work Description LA 4296,LA 4607, &LA 3467 Pacific Highway S HOV Lanes Federal Aid Number STPUL-0099(045), (060) &(067) Negotiation for right-of-way acquisition Local Agency City of Kent THIS AGREEMENT,made and entered into this 24th day of May 2004 between the Local Agency of City of Kent Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the"CONSULTANT" In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year first above written CONSULTANT LOCAL AGENCY By By Consultant Agency City of Kent By By Consultant - _ Agency By Agency By Agency i DOT Forth 14"89A EF ' Re~d 41136 Exhibit A-1 Certification Of Consultant Project'No LA 4296,4607&3467 Local Agency Kent 1 I hereby certify that I am and duly authorized representative of the firm of Certified Land Services whose address is 1155 N 130th St , Suite 304, Seattle,WA 98133 and that neither I nor the above firm I here represent has (a) Employed or retained for a commission,percentage,brokerage, contingent fee or other consideration,any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure this contract (b) Agreed,as an express or implied condition for obtaining this contract,to employ or to retain the services of any firm or person in connection with carrying out the contract (c) Paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribution donation or consideration of any kind for,or in connection with procuring or carrying out the contract, except as here expressly stated(if any) I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the board of Professional Registration I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration,U S Department of Transportation,in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws,both criminal and civil Date Signature Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Kent Washington and that the above consulting firm or their representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to (a) Employ or retain,or agree to employ or retain,any firm or person,or I (b) Pay or agree to pay to any firm,person or organization, any fee,contribution,donation or consideration of any kind,except as here expressly stated(if any) I acknowledged that this certificate is to be available to the Federal Highway Administration,U S Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws,both criminal and civil Date Signature l Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions I The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals (a) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency, (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction,violation of federal or state antitrust statues or commission of embezzlement,theft,forgery, I bribery, falsification or destruction of records,making false statements,or receiving stolen property, (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state,or local)with commission of any of the offenses enumerated in paragraph I b of this certification,and (d) Have not within a three-year penod preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default 2 Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Consultant(Firm) Certified Land Services (bate) (Signature)President or Authanzed Offwml of Consuaant 1 Exhibit A-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that 1 No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any federal contract,grant,loan,or cooperative agreement 2 If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress, an officer or employee of Congress,or an employee of a member of Congress m connection with this federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this i transaction imposed by Section 1352,Title 31,US Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly Consultant(Firm) Certified Land Services (Date) (Signature)President or Authonzed Official of Consultant i f 1 Exhibit A-4 Certificate of Current Cost or Pricing Data This is to verify that,to the best of my knowledge and belief,the cost or pricing data(as defined in section 15 401 of the Federal Acquisition Regulation(FAR)and required under FAR subsection 15 4034) submitted, either actually or by specific identification in writing,to the contracting officer or to the contracting officer's representative in support of Pacific Highway S HOV Lanes * are accurate,complete,and current as of ** This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal Firm Certified Land Services Name Title Date of Execution*** * Identify the proposal,quotation,request for price adjustment,or other submission involved, giving the appropriate identifying number(e g,RFP No) ** Insert the day,month,and year when price negotiations were concluded and price agreement was reached *** Insert the day,month,and year of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to 1 1 Exhibit B-1 Scope of Work Project No LA4296.4607&3467 See Attached Documents To Be Furnished By The Consultant See Attached Attachment A Scope of Work PAC. HWY / SR 99 (EAST SIDE) Acquisition Services BETWEEN KENT-DES MOINES ROAD AND SO. 252ND STREET FED NO, BETWEEN SAID ROAD AND SO 240TH STREET IS 0099(045) BILLING NO 99-3019 FED NO. BETWEEN SO 24e AND SO 252ND IS 0099(060) BILLING NO 96-3005.1 BETWEEN SO 252ND STREET AND SO 272ND STREET FED NO. 0099(067) BILLING NO. 99-3019 I PROJECT IDENTIFICATION (EAST SIDE) The project is entitled- PACIFIC HWY SO/STATE ROUTE 99 (WEST SIDE) From : Kent-Des Moines Road AKA State Route 516 to S 272nd Street II SCOPE OF WORK The CONSULTANT shall acquire Twenty Four parcels as shown on the project map on behalf of the AGENCY the real property generally referenced in Section I of this Agreement, using procedures specified by the AGENCY. The service rendered by the CONSULTANT shall be as follows: ACOUISITION: Upon notification and receipt of Determination of Value from the AGENCY,the CONSULTANT will commence negotiations If R becomes apparent that negotiations have reached an unpasse and sufficient time has passed for the property owner to make a settlement decision, then the CONSULTANT shall provide the AGENCY with written notification. The filing of condemnation proceedings shall be the responsibility of the AGENCY. P 1PPMVffrY*0FffACA sdtAgr P6eu Q W49 Side dx Upon completion of negotiations with property owners, the CONSULTANT shall transmit to the AGENCY all instruments for their acceptance or rejection. The recording of instruments and payment to property owner will be the responsibility of the AGENCY. III OBLIGATIONS OF CONSULTANT A CONSULTANT shall assure that no less than three personal contacts are made with each ' interested party (owner) in order to acquire valid title to needed property rights as shown on the project map. B. CONSULTANT shall explain the AGENCY'S offer orally and in writing and request execution of appropriate conveyance by the owner to the AGENCY of needed rights-of-way in consideration of the amount of the offer made. C CONSULTANT shall assure that negotiations shall be performed only to the limit of documents provided by the AGENCY and delineated by the title reports, project maps, determination of fair market value, acquisition schedule, or written instructions issued by the AGENCY D. CONSULTANT shall assure that a complete,legible diary of each contact to include the time, place, amount of offer,to whom offer was made, all parties present, and owner's response. E. CONSULTANT on or before project cut-off date shall furnish transmittal of diary, miscellaneous correspondence and valid conveyances pursuant to all negotiated transactions or written recommendations pursuant to future negotiations in those cases where settlement failed. All work shall be submitted as completed to the AGENCY for acceptance or rejections. F. CONSULTANT shall work such days and hours as may be necessary to meet with interested property owners that may not be available during regular workmg days or hours. G. CONSULTANT shall abide by decisions made by the AGENCY on questions concerning acceptability of work performed on the project. All decisions made by the AGENCY are final H. CONSULTANT shall correct any deficient work performed by him or his employees on the project and deliver corrected work to the AGENCY at his own expense. Corrected work shall be delivered to the AGENCY within five days from the date of request I CONSULTANT shall remove any employee from assignment to this project immediately upon request by the AGENCY. J. The CONSULTANT agrees to make available for inspection and audit all records of this Agreement to the AGENCY,state, and federal governments at any tune during the term of this Agreement and for a period of three years from the date of final payment K CONSULTANT shall be available for consultation with AGENCY, state, and federal representatives after completion of this Agreement should the need anse. Said consultation shall be contracted for by separate agreement if it involves litigation i PT MVW)rF0MM%C0MWtAq PLu a.Wat Sde dw L. CONSULTANT shall reference all billings to Federal I D No. 0099(045) and AGENCY billing No 96 3005 between Kent-Des Momes Road and South 240'h Street AND ALSO reference billing to Federal I.D. No. 0099(060 and AGENCY billing No. 96-30051 between South 240 Street and South 252"a Street. AND ALSO between So. 252"d Street and So.272"d Street,Fed No. 0099(067)Billing No 99-3019 M. CONSULTANT shall provide project updates every other Monday before noon via Fax mail to AGENCY's Property Manager N CONSULTANT shall follow all State and Federal acquisition guidelines according to WSDOT Local Agencies Guideline Manual O. CONSULTANT shall return complete files to AGENCY including, but no lirruted to diaries, signed documents and affidavits, forms and correspondence generated throughout course of the negotiations Iv OBLIGATIONS OF AGENCY 1. AGENCY shall provide MAI Appraisal Reports. 2 AGENCY shall provide Title Reports. 3. AGENCY shall provide Name and Address of Tax Payer of Record 4. AGENCY shall provide pertinent portions of Engineer Plans for CONSULTANT and each Negotiator 5 AGENCY shall provide complete set of R/W Plans for each Negotiator 6. AGENCY shall provide cross sections when needed where slope easements are required. 7. AGENCY shall provide all required original documents r e, deeds, easements, permits, affidavits and vendor fors. 8 AGENCY shall provide Offer to Purchase letter including breakdown of offer. i P WWgayTwm\CowultAV Pbw R Wm S&&c Exhibit C-3 Payment ' (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work The CONSULTANT shall conform with all applicable portions of 48 CFR 31 1 Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done,based upon the negotiated hourly rates shown in EXhibitsD and E attached hereto and by this reference made part of this AGREEMENT The rates listed shall be applicable for the first 12-month period and shall be subject to negotiation for the following 12-month period upon request of the CONSULTANT or the AGENCY If negotiations are not conducted for the second or subsequent 12-month periods within 90 days after completion of the previous period,the rates listed in this AGREEMENT or subsequent written authonzation(s)from the AGENCY shall be utilized for the life of the AGREEMENT The rates are inclusive of direct salaries,payroll additives,overhead,and fee In the event renegotiation of the hourly rates is conducted, the AGENCY reserves the tight to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accordingly Any changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments 2 Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT These charges may include,but are not limited to the following items travel,printing,long distance telephone,supplies, computer charges,and fees of subconsultants Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY Automobile mileage for travel will be reubussed as the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and designation of such trips Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees The billing for nonsalary cost,directly identifiable with the PROJECT,shall bean itemized listing of the charges supported by the original bills,invoices,expense accounts, and imscellaneous supporting data retained by the CONSULTANT Copies of the original supporting documents shall be supplied to the AGENCY upon request All above charges must be necessary for the services provided under this AGREEMENT 3 Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT Such authorization(s)shall be in writing and shall not exceed the lesser of$50,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT The amount included for the Management Reserve Fund is shown in the heading of this agreement This fund may be replenished in a subsequent supplemental agreement Any changes requiring additional costs in excess of the"Management Reserve Fund"shall be made in accordance with Section XIV,"Extra Work" i 1 4 Maximum Amount Payable The maximum amount payable for completion of work under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT The maximum amount payable includes the Management Reserve Fund,but does not include payment for extra work as stipulated in Section XIV,"Extra Work" No minimum amount payable is guaranteed under this AGREEMENT S Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D and E, including names and classifications of all employees,and invoices for all direct nonsalary expenses To provide a means of verifying the invoiced salary costs for the consultant's employees,the agency may conduct employee interviews These interviews may consist of recording the names,titles,salary rates,and present duties of those employees performing work on the project at the time of the interview 6 )inspection of Cost Records The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the AGENCY,STATE,and the United States,for a period of three years after final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with following exception if any litigation,claim,or audit is started before the three-year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved The three-year retention period begins when the CONSULTANT receives final payment 7 Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports, and other related documents which are required to be furnished under this AGREEMENT Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance Said final payment shall not,however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit,all required adjustments will be made and reflected in a final payment In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within mnety(90)days of notice of the overpayment Such refund shall not constitute a waiver by the CONSULTANT or any claims relating to the validity of a finding by the AGENCY of overpayment Exhibit D-2 Consultant Fee Determination -Summary Sheet (Specific Rates of Pay) Fee Schedule Hourly Overhead Profit Rate Discipline or Job Title Rate @ % @ % Per Hour Sea Attached EXHIBIT A ESTIMATED BUDGET Certified Land Services will provide right-of-way negotiation services for the Pacific Highway South HOV Lanes Project. The estimated budget for this work is as follows Negotiation 600 $85.00 $51,000 Project Mana ement 24 $145.00 $3,480 Expenses $2,500 $2,500 Total $56,980 Exhibit F Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT In addition,the CONSULTANT shall be paid for any authorized extra work completed Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made,shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project In addition,the CONSULTANT shall be paid for any authorized extra work completed Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termmnation of this AGREEMENT plus any direct nonsalary costs incurred at the time of ternnnadon of this AGREEMENT Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT Consultant/Addressffelephone Local Agency Lane and Associates Standard Consultant 15550 SE 148th St Agreement Renton,WA 98059 g Contact Linda Lane Agreement Number LA 4296,LA 4607&LA 3467 (206) 854-1008 Federal Aid Number Project Title And Worts Descnpbon STPUL-0099(045), (060) &(067) Pacific Highway S HOV Lanes Agreement Type(Choose one) Negotiation for right-of-way acquisition p Lump Sum Lump Sum Amount $ ❑Cost Plus Fixed Fee Overhead Progress Payment Rate % DBE Participation Overhead Cost Method ❑Yes ® No % L ❑Actual Cost WBE Participation ❑Actual Cost Not To Exceed % ❑Yes ®No % ^ Federal ID Number or Social Security Number ❑Fixed Rate % 94-1730361 Fixed Fee $ Do you require a 1099 for IRS? Completion Date ®Specific Rates Of Pay ®Yes ❑No March 31, 2005 ®Negotiated Hourly Rate Total Amount Authorized $ 65,000 00 ❑Provisional Hourly Rate Management Reserve Fund $ ❑Cost Per Unit of Work Maximum Amount Payable$ 65,000 00 THIS AGREEMENT,made and entered into this 24th day of May 2004 , between the Local Agency of City of Kent Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the"CONSULTANT' WITNESSETH THAT WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT,and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable,and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideratiDn of the terms, conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof, the parties hereto agree as follows DOT Form 140-0e9 EF Page 1 of 8 Revised 12M All reports,PSBE matenals,and other data,fumished GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be returned All designs,drawings,specifications, The work under this AGREEMENT shall consist of documents,and otherwork products prepared by the the above described work and services as herein CONSULTANT prior to completion or termination of defined and necessary to acoomptish the completed this AGREEMENT are instruments of service for this work for this PROJECT The CONSULTANT shall PROJECT and are property of the AGENCY Reuse furnish all services,labor and related equipment by the AGENCY or by others acting through or on necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the II CONSULTANT SCOPE OF WORK IV The Scope of Work and project level of effort for this TIME FOR BEGINNING AND COMPLETION project is detailed in Exhibit'B"attached hereto, and by this reference made a part of this AGREEMENT The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in III writing by the AGENCY All work under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under All aspects of coordination of the work of this completion date AGREEMENT,with outside agencies,groups or individuals shall receive advance approval by the The established completion time shall not be extended AGENCY Necessary contacts and meetings with because of any delays atnbutable to the CONSULT- agencies,groups or individuals shall be coordinated ANT,but may be extended by the AGENCY,in the through the AGENCY event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of The CONSULTANT shall attend coordination, GOD or governmental actions or other conditions progress and presentation meetings with the beyond the control of the CONSULTANT A prior AGENCY or such Federal,Community,State,City supplemental agreement issued by the AGENCY is or County officials,groups or individuals as may be required to extend the established completion time requested by the AGENCY The AGENCY will provide the CONSULTANT sufficient notice prior V to meetings requiring CONSULTANT participation PAYMENT The minimum number of hours or days notice— The CONSULTANT shall be paid by the AGENCY required shall be agreed to between the AGENCY for completed work and services rendered under this and the CONSULTANT and shown in Exhibit"B" attached hereto and made part of this AGREEMENT AGREEMENT as provided in Exhmbrt`C'attached The CONSULTANT shall prepare a monthly hereto,and by this reference made part of this progress report,in a form approved by the AGENCY, AGREEMENT Such payment shall be full compen- that will outline in written and graphical form the sation for work performed or services rendered and f various phases and the order of performance of the or all labor,materials,supplies,equipment,and work in sufficient detail so that the progress of the incidentals necessary to complete the work work can easily be evaluated Goals Tor Disadvan- specified in Section 11,"Scope of Work" The taged Business Enterpnses(DBE)and Women CONSULTANT shall conform with all applicable Owned Business Enterprises(WBE)if required shall portions of 48 CFR 31 be shown in the heading of this AGREEMENT Page 2 of 0 VI employees of the CONSULTANT only and not of the SUBCONTRACTING AGENCY,and any and all claims that may or might The AGENCY permits subcontracts for those dams arise under any Workmen's compensation Act on of work as shown in Exhibit G to this Agreement behalf of said employees or other persons while so engaged,and any and all claims made by a third party Compensation for this subconsultent work shall be as a consequence of any act or omission on the part of based on the cost factors shown on Exhibit G.at- the CONSULTANT's employees or other persons tached hereto and by this reference made a part of this while so engaged on any of the work or services AGREEMENT provided to be rendered herein,shall be the sole The work of the subconsultent shall not exceed its obligation and responsibility of the CONSULTANT maximum amount payable unless a prior written The CONSULTANT shall not engage,on a full or approval has been issued by the AGENCY part time basis,or other basis,during the period of the All reimbursable direct labor,overhead,direct non- contract,any professional or technical personnel who salary costs and fixed fee costs for the subconsultant are,or have been,at any time during the period of the shall be substantiated in the same manner as outlined contract,in the employ of the United States Depart- in Section V All subcontracts exceeding$10,000 in ment of Transportation,the STATE,or the cost shall contain all applicable provisions of this AGENCY,except regularly retired employees, AGREEMENT without written consent of the public employer of The CONSULTANT shall not subcontract for the such person performance of any work under this AGREEMENT VIII without prior written permission of the AGENCY No NONDISCRIMINATION permission for subcontracting shall create,between the AGENCY and subcontractor,any contract or any The CONSULTANT agrees not to discriminate other relationship against any client,employee or applicant for employ- ment or for services because of race,creed,color. VII national ongin,mantel status,sex,age or handicap I EMPLOYMENT except for a bona fide occupational qualification with regard to,but not limited to the following employ- The CONSULTANT warrants that he/she has not merit upgrading,demotion or transfer,recruitment or employed or retained any company or person,other any recruitment advertising,a layoff or terminations, than a bona fide employee working solely for the rates of pay or other forms of compensation,selection CONSULTANT,to solicit or secure this contract,and for training,rendition of services The CONSULT. that it has not paid or agreed to pay any company or ANT understands and agrees that if it violates this person,other than a bona fide employee working provision,this AGREEMENT may be terminated by solely for the CONSULTANT,any fee,commission, the AGENCY and further that the CONSULTANT percentage,brokerage fee,gift,or any other consider- shall be barred from performing any services for the abon,contingent upon or resulting from the award or AGENCY now or in the future unless a showing is making of this contract For breach or violation of this made satisfactory to the AGENCY that discnmina- warrant,the AGENCY shall have the right to annul tory practices have terminated and that recurrence of this AGREEMENT without liability,or in its discre- such action is unlikely tion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of During the performance of this AGREEMENT,the such fee,commission,percentage,brokerage fee,gift, CONSULTANT,for itself, its assignees and or contingent fee successors in interest agrees as follows Any and all employees of the CONSULTANT or A COMPLIANCE WITH REGULATIONS The other persons while engaged in the performance of CONSULTANT shall comply with the Regula- any work or services required of the CONSULTANT bons relative to nondiscrimination in the same under this AGREEMENT,shall be considered manner as in Federal-assisted programs of the Page 3 of 8 Department of Transportation,Title 49,Code of save possession of another who fads or refuses to Federal Regulations,Part 21,as they may be furnish this information the CONSULTANT shall amended from time to time,(hereinafter referred so certify to the AGENCY,or the United States to as the Regulations),which are herein incorpo- Department of Transportation as appropriate,and rated by reference and made a part of this shall set forth what efforts it has made to obtain AGREEMENT The consultant shall comply the information with the American Disabilities Act of 1992,as amended E SANCTIONS FOR NONCOMPLIANCE In the event of the CONSULTANT's noncompliance 8 NONDISCRIMINATION The CONSULTANT, with the nondiscrimination provisions of this with regard to the work performed by it during the AGREEMENT,the AGENCY shall impose AGREEMENT,shall not discriminate on the such sanctions as it or the Federal Highway grounds of race,creed,color,sex,age,mantal Administration may determine to be appropriate, status,national origin or handicap except for a including,but not limited to bona fide occupational qualification in the selec- 1 Withholding of payments to the CONSULT- bon and retention of subconsultants,including ANT under the AGREEMENT until the procurements of materials and leases of equip CONSULTANT complies, and/or ment The CONSULTANT shall not participate either directly or indirectly in the discnmination 2 Cancellation,termination or suspension of the prohibited by Section 215 of the Regulations, AGREEMENT,in whole or in part including employment practices when the contract covers a program set forth in Appendix II of the F INCORPORATION OF PROVISIONS The Regulations CONSULTANT shall include the provisions of paragraphs(A)through(G)in every subcontract, C SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of INCLUDING PROCUREMENTS OF MATERI- equipment,unless exempt by the Regulations or ALS AND EQUIPMENT In all solicitations directives issued pursuant thereto The CON- either by competitive bidding or negotiation made SULTANT shall take such action with respect to by the CONSULTANT for work to be performed any subconsultant or procurement as the under a subcontract,including procurements of AGENCY or the Federal Highway Administra- matenals or leases of equipment,each potential tion may direct as a means of enforcing such subconsultant or supplier shall be notified by the provisions including sanctions for noncompir CONSULTANT of the CONSULTANT's ance,provided,however,that,in the event a obligations under this AGREEMENT and the CONSULTANT becomes involved in,or is Regulations relative to nondiscrimination on the threatened with,litigation with a subconsultant or grounds of race,creed,color,sex,age,mantal supplier as a result of such direction,the CON- status,national origin and handicap ULTANT may request the AGENCY to enter D INFORMATION AND REPORTS The into such litigation to protect the interests of the CONSULTANT shall provide all information AGENCY,and in addition,the CONSULTANT and reports required by the Regulations,or may request the United States to enter into such directives issued pursuant thereto,and shall litigation to protect the interests of the United permitaccess to its books,records,accounts, States other sources of information,and its facilities as G UNFAIR EMPLOYMENT PRACTICES The may be determined by the AGENCY to be CONSULTANT shall comply with RCW pertinent to ascertain compliance with such 4960180 Regulations or directives Where any information required of the CONSULTANT is in the exclu- Page 4 of 8 IX In the event of the death of any member,partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervi- The right is reserved by the AGENCY to terminate sory personnel assigned to the project,or,dissolution this AGREEMENT at any time upon ten days written of the partnership,termination of the corporation,or notice to the CONSULTANT disaffiliation of the principally involved employee, ' the surviving members of the CONSULTANT hereby In the event this AGREEMENT is terminated by the agree to complete the work under the terms of this AGENCY other than for default on the part of the AGREEMENT,if requested to do so by the CONSULTANT,a final payment shall be made to the AGENCY The subsection shall not be a bar to !. CONSULTANT as shown in Exhibit F for the type of renegotiation of the AGREEMENT between the AGREEMENT used surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses No payment shall be made for any work completed after ten days following receipt by the CONSULT- In the event of the death of any of the parties listed in ANT of the Notice to terminate If the accumulated the previous paragraph,should the surviving members payment made to the CONSULTANT prior to Notice of the CONSULTANT,with the AGENCY's concur- of Termination exceeds the total amount that would rence,desire to terminate this AGREEMENT, ' be due computed as set forth herein above,then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this section shall immediately reimburse the AGENCY for any Payment for any part of the work by the AGENCY excess paid � shall not constitute a waiver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type it may have against the CON- by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT,the above formula for payment shall not the CONSULTANT,or for failure of the CONSULT- apply In such an event,the amount to be paid shall be ANT to perform work required of it by the determined by the AGENCY with consideration AGENCY Forbearance of any rights under the given to the actual costs incurred by the CONSULT- AGREEMENT will not constitute waiver of entitle- ANT in performing the work to the date of ment to exercise those rights with respect to any ' termination,the amount of work originally required future act or omission by the CONSULTANT which was satisfactorily completed to date of termina- bon,whether that work is in a form or a type which is X usable to the AGENCY at the time of termination, CHANGES OF WORK the cost to the AGENCY of employing another firm The CONSULTANT shall make such changes and to complete the work required and the time which revisions in the complete work of this AGREEMENT maybe required to do so,and other factors which as necessary to correct errors appearing therein,when affect the value to the AGENCY of the work per- required to do so by the AGENCY,without adddronal formed at the bme of termination Under no compensation thereof Should the AGENCY find it ' circumstances shall payment made under this subsec- desirable for its own purposes to have previously tion exceed the amount which would have been made satisfactorily completed work or parts thereof using the formula set forth in the previous paragraph changed or revised,the CONSULTANT shall make If it is determined for any reason that the CONSULT- such revisions as directed by the AGENCY This ANT was not in default or that the CONSULTANT s work shall be considered as Extra Work and will be failure to perform is without it or it's employee's fault paid for as herein provided under Section XIV or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT Page 5 of 8 XI that nothing herein shag require a CONSULTANT to , DISPUTES indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from Any dispute concerning questions of fact in oonnec- claims,demands or scats based solely upon the ' bon with the work not disposed of by AGREEMENT conduct of the AGENCY and the STATE,their between the CONSULTANT and the AGENCY shall agents,officers and employees and provided further be referred for determination to the Director of Public , that if the claims or scats are caused by or result from Works or AGENCY Engineer,whose decision in the the concurrent negligence of(a)the matter shall be final and binding on the parties of this CONSULTANT'S agents or employees and(b)the AGREEMENT,provided however,that if an action is AGENCY and the STATE,then agents,officers and brought challenging the Director of Public Works or employees,this indemnity prevision with respect to AGENCY Engineer's decision,that decision shall be (1)claims or suits based upon such negligence,(2)the ' subject to de novo judicial review costs to the AGENCY and the STATE of defending XII such claims and suits,etc shall be valid and enforce- VENUE,APPLICABLE LAW AND able only to the extent of the CONSULTANT's PERSONAL JURISDICTION negligence or the negligence of the CONSULTANTS agents or employees In the event that either party deems it necessary to ' institute legal action or proceedings to enforce any The CONSULTANTS relation to the AGENCY shall right or obligabon under this AGREEMENT,the be at all times as an independent contractor parties hereto agree that any such action shall be The CONSULTANT specifically assumes potential initiated in the Superior court of the State of Washing- liability for actions brought by the CONSULTANT's ton,situated in the county the AGENCY is located in own employees against the AGENCY and,solely for The parties hereto agree that all questions shall be the purpose of this indemnification and defense,the resolved by applicabon of Washington law and that CONSULTANT specifically waives any immunity the parties to such action shall have the right of appeal under the state industrial insurance law,Title 51 from such decisions of the Superior court in accor- RCW The CONSULTANT recognizes that this dance with the laws of the State of Washington The waiver was specifically entered into pursuant to the CONSULTANT hereby consents to the personal provisions of RCW 4 24 115 and was the subject of jurisdiction of the Supenor court of the State of mutual negotiation Washington,situated in the county in which the AGENCY is located in Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administrabon of , XIII construction contracts,if any,on the project Subject LEGAL RELATIONS AND INSURANCE to the processing of an acceptable,supplemental The CONSULTANT shall comply with all Federal, agreement,the CONSULTANT shall provide on-call State,and local laws and ordinances applicable to the assistance to the AGENCY during contract admims- work to be done under this AGREEMENT This tration By providing such assistance,the AGREEMENT shall be interpreted and construed in CONSULTANT shall assume no responsibility for , accord with the laws of Washington proper constriction techniques,job site safety,or any construction contractor's failure to perform its work The CONSULTANT shall indemnify and hold the in accordance with the contract documents AGENCY and the STATE,and their officers and employees harmless from and shall process and The CONSULTANT shall obtain and keep in force defend at its own expense all claims,demands,or during the terms of the AGREEMENT,or as other- suits at law or equity ansing in whole or in part from wise required,the following insurance with the CONSULTANT's negligence or breach of any of companies or through sources approved by the State its obligations under this AGREEMENT,provided Insurance Commissioner pursuant to RCW 48 page 6 of 8 ' XIV Insurance Coverage EXTRA WORK ' A Worker's compensation and employer's liability A The AGENCY may at any time,by written order, insurance as required by the STATE make changes within the general scope of the AGREEMENT in the services to be performed B General commercial liability insurance in an ' amount not less than a single limit of one million B if any such change causes an increase or decrease and Doll00 Dollars($1,000,ODO 00)for bodily in the estimated cost of,or the time required for, injury, including death and property damage performance of any part of the work under this per occurrence AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and Excepting the Workers Compensation insurance and conditions of the AGREEMENT,the AGENCY any professional liability insurance secured by the shall make an equitable adjustment in the CONSULTANT,the AGENCY will be named on all (1)maximum amount payable,(2)delivery or certificates of insurance as an additional insured The completion schedule,or both,and(3)other CONSULTANT shall furnish the AGENCY with affected terms and shall modify the AGREE- verification of insurance and endorsements required MENT accordingly ' by this AGREEMENT The AGENCY reserves the right to require complete,cerbfied copies of all C The CONSULTANT must submit its"request required insurance policies at any time for equitable adjustment'(hereafter referred to as claim)under this clause within 30 days from ' All insurance shall be obtained from an insurance the date of receipt of the written order However, company authorized to do business in the State of if the AGENCY decides that the facts justify it, Washington The CONSULTANT shall submit a the AGENCY may receive and act upon a claim ' verification of insurance as outlined above within submitted before final payment of the 14 days of the execution of this AGREEMENT to AGREEMENT the AGENCY D Failure to agree to any adjustment shall be a No cancellation of the foregoing policies shall be dispute underthe Disputes clause However effective without thrrty(30)days prior notice to nothing in this clause shall excuse the CON- the AGENCY SULTANT from proceeding with the The CONSULTANT's professional liability to the AGREEMENT as changed ' AGENCY shall be limited to the amount payable E Notwithstanding the terms and condition of under this AGREEMENT or one million dollars, paragraphs(a)and(b)above,the maximum whichever is the greater unless modified by amount payable for this AGREEMENT,shall Exhibit H In no case shall the CONSULTANT's not be increased or considered to be increased professional liability to third parties be limited in except by specific written supplement to this any way AGREEMENT The AGENCY will pay no progress payments XV under Section V until the CONSULTANT has fully ENDORSEMENT OF PLANS ' complied with this section This remedy is not exclu- sive,and the AGENCY and the STATE may take The CONSULTANT shall place his endorsement on such other action as is available to them under other all plans,estimates or any other engineering data provisions of this AGREEMENT,or otherwise in law furnished by him i Page 7 of 8 XVI XVIII FEDERAL AND STATE REVIEW COMPLETE AGREEMENT ' The Federal Highway Administration and the This document and referenced attachments contains Washington State Department of Transportation all covenants,stipulations and provisions agreed upon ' shall have the right to participate in the review or by the parties No agent,or representative of either examination of the work in progress party has authority to make,and the parties shall not be bound by or be liable for,any statement,represen- ' XVII tation,promise or agreement not set forth herein No CERTIFICATION OF THE CONSULTANT changes,amendments,or modifications of the terms AND THE AGENCY hereof shall be valid oarless reduced to writing and ' Attached hereto as Exhibit"A-1",are the signed by the parties as an amendment to this Certifications of the Consultant and the Agency, AGREEMENT Exhibit"A-2"Certification regarding debarment XIX suspension and other responsibility matters-primary EXECUTION AND ACCEPTANCE covered transactions,Exhrbd"A-3"Certification ' regarding the restrictions of the use of Federal funds This AGREEMENT may be simultaneously executed for lobbying,and Exhibit"A4"Certificate of Current in several counterparts,each of which shall be Cost or Pacing Data Exhibits"A-3"and"A4"are deemed to be an ongmal having identical legal effect only required in Agreements over$100.000 The CONSULTANT does hereby ratify and adopt all statements,representations,warranties,covenants, and agreements contained in the proposal,and the ' supporting materials submitted by the CONSULT- ANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof ' In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year first , above written By By Consultant Agency City of Kent Page 8 of 8 Consultant/Address/Telephone Supplemental Signature Lane and Associates Page for 15550 SE 148th St ' Standard Consultant Renton,WA 98059 Agreement Contact, ' Agreement Number Project Title And Work Description LA 4296, LA 4607&LA 3467 Pacific Highway S HOV Lanes ' Federal Aid Number STPUL-0099(045), (060)& (067) Negotiation for right-of-way acquisition Local Agency , City of Kent THIS AGREEMENT,made and entered into this 24th day of May 2004 between the Local Agency of City of Kent Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the"CONSULTANT" ' In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year first above written ' CONSULTANT LOCAL AGENCY BY BY Consultant Agency City of Kent BY By Consultant Agency By Agency By Agency , DOT Form 140-0a9A EF Re d 4/N ' Exhibit A-1 Certification Of Consultant ' Project No LA 4296,4607&3467 Local Agency Kent I hereby certify that I am and duly authorized representative of the firm of Lane and Associates whose address is and that neither I nor the above firm I here represent has ' (a) Employed or retained for a commission,percentage,brokerage,contingent fee or other consideration,any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure this contract ' (b) Agreed,as an express or implied condition for obtaining this contract,to employ or to retain the services of any firm or person in connection with carrying out the contract ' (c) Paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribution donation or consideration of any kind for,or in connection with procuring or carrying out the contract,except as here expressly stated(if any) I further certify that the firm I hereby represent is authorized to do business in the State of Washington and ' that the firm is in full compliance with the requirements of the board of Professional Registration I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration,U S Department of Transportation,in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws,both criminal and civil Dale Signature Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Kent Washington and that the above consulting firm or their representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to (a) Employ or retain,or agree to employ or retain,any firm or person,or ' (b) Pay or agree to pay to any firm,person or organization,any fee,contribution,donation or consideration of any kind,except as here expressly stated(if any) I acknowledged that this certificate is to be available to the Federal Highway Administration,U S Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws,both criminal and civil ' Date — ignafure Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions 1 The prospective primary participant certifies to the best of its knowledge and belief,that it and its , principals (a) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily , excluded from covered transactions by any federal department or agency, (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, ' attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction,violation of federal or state antitrust statues or conirmssion of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements,or receiving stolen property, , (c) Are not presently indicted for or otherwise crumnally or civilly charged by a governmental entity ' (federal,state,or local)with commission of any of the offenses enumerated in paragraph 1 b of this certification,and (d) Have not within a three-year period preceding this application/proposal had one or more public , transactions(federal,state,or local)terminated for cause or default 2 Where the prospective primary participant is unable to certify to any of the statements in this certification, ' such prospective participant shall attach an explanation to this proposal Consultant(Firm) Lane and Associates ' (Date) (Signature)President or Authorized Official of Consultant , Exhibit A-3 Certification Regarding The Restrictions ' of The use of Federal Funds for Lobbying The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that 1 No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any federal contract,grant, loan,or cooperative agreement 2 If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency,a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in a0 lower tier subcontracts which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly Consultant(Firm) Lane and Associates 1 (Date) (Signature)President or Authorized Official of Consultant Exhibit A-4 Certificate of Current Cost or Pricing Data This is to verify that,to the best of my knowledge and belief,the cost or pricing data(as defined in , section 15 401 of the Federal Acquisition Regulation(FAR)and required under FAR subsection 15 403-4) ' submitted,either actually or by specific identification in writing,to the contracting officer or to the contracting officer's representative in support of * are accurate,complete,and current as of ** This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal 1 Firm Lane and Associates Name ' Title Date of Execution*** * Identify the proposal,quotation,request for price adjustment,or other submission involved, giving the appropriate identifying number(e g,RFP No) ** Insert the day,month,and year when price negotiations were concluded and price agreement ' was reached *** Insert the day,month, and year of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to i I Exhibit B-1 Scope of work Project No LA 4296,4607&3467 Sr&-Attachea -- - Documents To Be Furnished By The Consultant .Sre_Attached 1 -- Attachment A ' Scope of Work 1 PAC. HWY I SR 99 (WEST SIDE) Acquisition Services , BETWEEN KENT-DES MOINES ROAD AND SO.252ND STREET FED.NO.BETWEEN SAID ROAD AND SO 240TH STREET IS 0099(045) BILLING NO 99-3019 FED NO. BETWEEN SO 240'AND SO.252ND IS 0099(060) BILLING NO.96-3005 1 BETWEEN SO.252ND STREET AND SO 272ND STREET FED NO. 0099(067)BILLING NO 99-3019 r I 'PROJECT IDENTIFICATION (WEST SIDE) The project is entitled: PACIFIC HWY SO/STATE ROUTE 99 (WEST SIDE) From : Kent-Des Momes Road AKA State Route 516 to S 272"d Street n I SCOPE OF WORK The CONSULTANT shall acquire twenty four parcels as shown on the project map on behalf of , the AGENCY the real property generally referenced in Section I of this Agreement, using procedures specified by the AGENCY , The service rendered by the CONSULTANT shall be as follows• ACOUISITION: Upon notification and receipt of Determination of Value from the AGENCY,the CONSULTANT will commence negotiations If it becomes apparent that negotiations have reached an impasse and sufficient time has passed for the property owner to make a settlement decision, then the CONSULTANT shall provide the AGENCY with written notification The filing of condemnation proceedings shall be the responsibility of the AGENCY. P rP KU=ffmw\0omWtAV Phew 8 wen sde dw Upon completion of negotiations with property owners, the CONSULTANT shall transmit to the AGENCY all instruments for their acceptance or rejection The recording of instruments and payment to property owner will be the responsibility of the AGENCY. m ' OBLIGATIONS OF CONSULTANT A. CONSULTANT shall assure that no less than three personal contacts are made with each interested party (owner) in order to acquire valid title to needed property rights as shown on the project map. B CONSULTANT shall explain the AGENCY'S offer orally and in writing and request texecution of appropriate conveyance by the owner to the AGENCY of needed nghts-of-way in consideration of the amount of the offer made tC. CONSULTANT shall assure that negotiations shall be performed only to the limit of documents provided by the AGENCY and delineated by the title reports, project maps, deterinination of fair market value, acquisition schedule, or written instructions issued by the AGENCY 1 D. CONSULTANT shall assure that a complete, legible diary of each contact to include the time, place, amount of offer,to whom offer was made,all parties present,and owner's response E. CONSULTANT on or before project cut-off date shall_ furnish transmittal of diary, miscellaneous correspondence and valid conveyances pursuant to all negotiated transactions or written recommendations pursuant to future negotiations in those cases where settlement failed. All work shall be submitted as completed to the AGENCY for acceptance or rejections. F. CONSULTANT shall work such days and hours as may be necessary to meet with interested property owners that may not be available dung regular working days or hours G. CONSULTANT shall abide by decisions made by the AGENCY on questions concerning acceptability of work performed on the project. All decisions made by the AGENCY are Seal. H CONSULTANT shall correct any deficient work performed by hum or his employees on the project and deliver corrected work to the AGENCY at his own expense. Corrected work shall be delivered to the AGENCY within five days from the date of request I CONSULTANT shall remove any employee from assignment to this project immediately upon request by the AGENCY J. The CONSULTANT agrees to make available for inspection and audit all records of this Agreement to the AGENCY, state, and federal governments at any time during the term of this Agreement and for a period of three years from the date of final payment. K CONSULTANT shall be available for consultation with AGENCY, state, and federal representatives after completion of this Agreement should the need anse. Said consultation shall be contracted for by separate agreement if it involves litigation P\PPMUaW"W ConS011AV w R Watt SHk aoe L CONSULTANT shall reference all billings to Federal I D No 0099(045) and AGENCY billing No. 96.3005 between Kent-Des Moines Road and South 240s' Street. AND ALSO reference bulling to Federal I D. No. 0099(060 and AGENCY billing No 96-30051 between South 240"Street and South 252id Street.AND ALSO between So 252"d Street and So.272nd ' Street,Fed No. 0099(067)Billing No.99-3019 M CONSULTANT shall provide project updates every other Monday before noon via Fax mail to AGENCY's Property Manager N CONSULTANT shall follow all State and Federal acquisition guidelines according to WSDOT Local Agencies Guideline Manual. O CONSULTANT shall return complete files to AGENCY including,but no limited to thanes, , signed documents and affidavits, forms and correspondence generated throughout course of the negotiations. IV ' OBLIGATIONS OF AGENCY 1. AGENCY shall provide MAI Appraisal Reports 2. AGENCY shall provide Title Reports. , 3 AGENCY shall provide Name and Address of Tax Payer of Record 4 AGENCY shall provide pertinent portions of Engineer Plans for CONSULTANT and each , Negotiator. 5 AGENCY shall provide complete set of R/W Plans for each Negotiator. 6 AGENCY shall provide cross sections when needed where slope easements are required. 7 AGENCY shall provide all required original documents i e., deeds, easements, pernnts, affidavits and vendor forms 8 AGENCY shall provide Offer to Purchase letter mcludmg breakdown of offer ' r wMu=yWomWC*osukny emaz 11 wat sde doe ' Exhibit C-3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work The CONSULTANT shall conform with all applicable portions of 48 CFR 31 1 Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done,based upon the negotiated hourly rates shown in ExhibitsD and E attached hereto and by this reference made part of this AGREEMENT The rates listed shall be applicable for the first 12-month period and shall be subject to negotiation for the following 12-month period upon request of the CONSULTANT or the AGENCY If negotiations are not conducted for the second or subsequent 12-month periods withm 90 days after completion of the previous penod,the rates listed in this AGREEMENT or subsequent written authonzation(s) from the AGENCY shall be utilized for the life of the AGREEMENT The rates are inclusive of direct salaries,payroll additives,overhead,and fee In the event renegotiation of the hourly rates is conducted,the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accordingly Any changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments 2 Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT These charges may 1 include,but are not limited to the following items travel,printing, long distance telephone,supplies, computer charges,and fees of subconsultants Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY Automobile mileage for travel will be reimbursed as the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with ongm and designation of such trips Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees The billing for nonsalary cost,directly identifiable with the PROJECT,shall be an itemized listing of the charges supported by the original bills,invoices,expense accounts,and miscellaneous supporting data retained by the CONSULTANT Copies of the original supporting documents shall be supplied to the AGENCY upon request All above charges must be necessary for the services provided under this AGREEMENT 3 Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Adnumstrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT Such authorization(s)shall be in writing and shall not exceed the lesser of$50,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT The amount included for the Management Reserve Fund is shown in the heading of this agreement This fund may be replenished in a subsequent supplemental agreement Any changes requiring additional costs in excess of the"Management Reserve Fund"shall be made in accordance with Section XIV,"Extra Work" 4 Maximum Amount Payable The maximum amount payable for completion of work under this AGREEMENT shall not exceed the ' amount shown in the heading of this AGREEMENT The maximum amount payable includes the Management Reserve Fund,but does not include payment for extra work as stipulated m Section XIV,"Extra Work" No minimum amount payable is guaranteed under this AGREEMENT , 5 Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D and B, including names and classifications of all employees,and invoices for all direct nonsalary expenses To provide a means of verifying the invoiced salary costs for the consultant's employees,the agency may , conduct employee interviews These interviews may consist of recording the names,titles, salary rates,and present duties of those employees performing work on the project at the time of the interview 6 Inspection of Cost Records The CONSULTANT and hislher subconsultants shall keep available for inspection by representatives of the AGENCY,STATE,and the United States,for a period of three years after final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with following exception if any litigation,claim,or audit is started before the three-year period,the records shall be retained until all litigation,clauns,or audit findings involving the records have been resolved The three-year retention penod begins when the CONSULTANT receives final payment 7 Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports,and other related documents which are required to be furnished under this AGREEMENT Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance Said final payment shall not,however,be a bar to any claims that ' the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit,all required adjustments will be made and reflected in a final payment In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within ninety(90)days of notice of the overpayment Such refund shall not constitute a waiver by the CONSULTANT or any claims relating to the validity of a finding by the AGENCY of overpayment j 1 1 _ i Exhibit D-2 Consultant Fee Determination -Summary Sheet 1 (Specific Rates of Pay) Fee Schedule ' Hourly Overhead Profit Rate Discipline or Job Title Rate @ % @ % Per Hour See Attached f i i t ATTACHMENT B ESTIMATED BUDGET ' Lane and Associates will provide right-of-way negotiation services for the Pacific Highway South HOV Lanes Project The estimated budget for this work is as follows: Negotiation 923 $65.00 $60,000 d Project Management 40 $75 00 $3,000 Expenses $2,000 $2,000 Total $65,000 s 1 1 1 1 f t 1 Exhibit F Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT In addition,the CONSULTANT shall be paid for any authorized extra work completed tCost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made,shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project In addition,the CONSULTANT shall be paid for any authorized extra work completed Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time oftemunation of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT I Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT 1 t i 1 I Kent City Council Meeting Date June 15, 2004 Category Consent Calendar I 1. SUBJECT: BICYCLE ADVISORY BOARD APPOINTMENT—CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Aaron Renner to serve as a member of the Kent Bicycle Advisory Board. Mr. Renner is a long time Kent resident and is interested in the expansion of bicycling both for commuting and sport. He is very involved with recreational cycling and recently was event Director of the Kent Bike Festival. 3. EXHIBITS• Memo 4. RECOMMENDED BY: Mayor (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6T OFFICE OF THE MAYOR Jim White, Mayor ' Phone-253-856-5700 Fax. 253-856-6700 • Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 WASHINGTON TO: Julie Peterson, Council President City Council Members \ FROM: Jim White, Mayor DATE: June 8, 2004 RE: Appointment to Bicycle Advisory Board I have appointed Aaron Renner to serve as a member of the Kent Bicycle Advisory Board. Mr. Renner is a long time Kent resident and is interested in the expansion of bicycling both for commuting and sport. He is very involved with recreational cycling and recently was event Director of the Kent Bike Festival. Mr. Renner will fill a vacancy on the Board. ' I submit this for your confirmation. Ijb 1 Kent City Council Meeting Date June 15, 2004 lCategory Bids 1. SUBJECT: S. 212TH STREET PAVEMENT REHABILITATION—AWARD 2. SUMMARY STATEMENT: The bid opening for this project was held on June 1, 2004, with four bids received. The low bid was submitted by Western Asphalt, Inc. in the amount of$338,762.74. The Engineer's estimate was $426,176.25. 3. EXHIBITS: Public Works Director's Memorand 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc 5. FISCAL IMPACT — Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember CSC.AA seconds to award the South 212th Pavement Rehabilitation contract to Western Asphalt, Inc. in the amount of$338,762.74. DISCUSSION: —" ACTION: m �" Council Agenda Item No. 8A PUBLIC WORKS DEPARTMENT 410 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 WASHINGTON Kent,WA 98032-5895 June 7, 2004 TO. Mayor White and Kent City Council FROM Don Wickstrom, Public Works Director RE South 212'h Street Pavement Rehabilitation Project Bid opening for this project was held on June 1, 2004 with four bids received The low bid was submitted by Western Asphalt, Inc. in the amount of$338,762.74. The Engineer's estimate was $426,176.25 The Public Works Director recommends awarding this contract to Western Asphalt, Inc Bid Summary Western Asphalt, Inc $338,762 74 ICON Materials $350,132.60 Watson Asphalt Paving $364,555.60 Lakeside Industnes $368,518.50 Engineer's Estimate $426,176 25 Kent City Council Meeting Date June 15, 2004 Category Bids 1. SUBJECT: PACIFIC HIGHWAY SOUTH STORM DRAINAGE IMPROVEMENTS, SOUTH 268TH STREET TO SOUTH 252ND STREET—AWARD 2. SUMMARY STATEMENT: The bid opening for this project was held on May 20, 2004, with nine bids received. The low bid was submitted by Pivetta Brothers Construction, Inc. in the amount of$539,700.50. The Engineer's estimate was $599,131.00. 3. EXHIBITS: Public Works Director's Memorandum 4. RECOMMENDED B : Public Works Director (Committee, Staff, Ex iner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X evenue?— Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fu d Amount$ Unbudgeted Revenue: F d Amount $ 6. CITY COUNCIL ACTI Councilmember V" moves, Councilmember CtadK seconds to award the Pacific Highway South Storm Drainage Improvements, South 268th Street to South 252nd Street contract to Pivetta Brothers Construction, Inc. in the amount of $539,700.50. DISCUSSION: --- ACTION: Council Agenda Item No. 8B PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone 253-856-5500 Fax 253-856-6500 K E N T WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 May 21,2004 TO: Mayor White and Kent City Council FROM: Don Wickstrom, Public Works Director SUBJECT- Pacific Highway South HOV Lanes—2004 Storm Drainage Bid opening for this project was held on May 20, 2004 with nine bids received The lowest bid was submitted by Pivetta Brothers Construction, Inc. in the amount of$539,700.50. The Engineer's estimate was $599,131 00. The Public Works Director recommends awarding this contract to Pivetta Brothers Construction,Inc. Bid Summary Pivetta Brothers Construction, Inc. $539,700 50 R.W Scott $560,25614 Archer Construction, Inc. $565,888 00 Laser Underground $586,31200 SCI Infrastructure, LLC $624,228 00 Rodarte Construction, Inc $665,711 00 Dennis R. Craig Construction, Inc. $681,007 65 Westwater Construction Co $719,199.00 D.D J Construction Co., Inc. $755,314.00 Engineer's Estimate $599,131 00 Mayor White and Kent City Council Pacific Highway HOV Lanes—2004 Storm Drainage-Award Bid 1 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE L'l� C. PUBLIC SAFETY COMMITTEE 'TZkv�D C°C 5 D. PUBLIC WORKS E. PLANNING AND ECONOMIC DEVELOPMENT COMMITT F. PARKS AND HUMAN SERVICES COMMITTEE �" 1p- 17 @ LI Pa � � P ► Awad G. ADMINISTRATIVE REPORTS pwp cl.4.4 REPORTS FROM SPECIAL COMMITTEES CONTINUED COMMUNICATIONS A. 13 M 0 YD +or d vv,n-t v�A- t� EXECUTIVE SESSION A. Property Acquisition ACTION AFTER EXECUTIVE SESSION