HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/01/2005 'A
AG EN D
i City of Kent
City Council Meeting
Agenda
March 1 , 2005
Mayor Jim White
Julie Peterson, Council President
Councilmembers
[ Tim Clark Debbie Raplee
Ron Harmon Les Thomas
Deborah Ranniger Bruce White
KEN
W A 5 H I NGTON
i City Clerk's Office
KENT CITY COUNCIL AGENDAS
' K ENT Mach 1. 2005
WASHINGTON Council Chambers
MAYOR- Jim White COUNCILMEMBERS: Julie Peterson, President
Tim Clark Ron Harmon Deborah Ranniger
Debbie Raplee Les Thomas Bruce White
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1 1. Cancer Treatment Centers of America Presentation Mike Martin 40 min
2. Council Retreat? Mike Martin 20 min
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC
4. PUBLIC COMMUNICATIONS
A. 2005 Community Arts Support Program Recipients
1 B. Employee of the Month
C. Proclamation—Red Cross Month
5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting —Approve
B. Payment of Bills —Approve
C. Military Road Widening Project Condemnation Ordinance—Adopt r
D. Pacific Highway Interagency Agreement with Highline Water District—Authorize
E Cascade Columbia Distribution Company Contract—Authorize
F. Umvar USA, Inc Contract—Authorize
G. Supervisory, Control and Data Acquisition (SCADA) Technician Position—
Authorize
(Continued on Back)
COUNCIL MEETING AGENDA CONTINUED
H. S. 228`h Street Corridor Grade and Fill Project—Accept as Complete
I. McMillin Street Vacation, Resolution Setting Public Hearing Date—Adopt l
J. Heartland LLC Real Estate Advisory Services Contract for 2005 —Authorize
K. HOME Investment Partnerships Program Interlocal Cooperative Agreement
r Amendment—Authorize
L. King County Funds for Kent Pool—Accept and Amend Budget
M National Fish and Wildlife Foundation Grant—Accept and Amend Budget
N. King County Inter-Agency Agreements for Paramedic Unit Stationing at Two
Locations— Authorize
O. 2005 Bureau of Justice Assistance Grant Application—Authorize
P. Council Absences-Approve P,o.AtJ -n d-
Q. SE 278th Street Vacation Ordinance—Adopt 3, J
7. OTHER BUSINESS
None
' 8. BIDS
None
9 REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
10. CONTINUED COMMUNICATIONS
EXECUTIVE SES ION AND AFTER EXECUTIVE SESSION
11.r VA Pendm itigation
12. ADJOURNMENT
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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 and complete packet are on the City of Kent
web site at www.ci.kent wa.us.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office in advance at
(253) 856-5725 For TDD relay service call the Washington Telecommunications Relay Service at
1-800-833-6388.
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tCHANGES 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) 2005 COMMUNITY ARTS SUPPORT PROGRAM RECIPIENTS
B) EMPLOYEE OF THE MONTH
' C) PROCLAMATION-RED CROSS MONTH
CONSENT CALENDAR
6. City Council Action:
Councilmember UVA moves, Councilmember
seconds to approve Consent Calendar Items A through Q.
Discussion
Action
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of February 15, 2005.
' 6B. Approval of Bills.
No numbers were available for approval.
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Council Agenda
Item No. 6 A-B
K E N T Kent City Council Meeting
WASHINGTON February 15, 2005
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White.
Councilmembers present: Clark, Harmon,Raplee, Thomas and White. (CFN-198)
CHANGES TO AGENDA
A From Council,Administration, or Staff. (CFN-198) Excused absences for Council
President Peterson and Councilmember Ranniger were added to the Consent Calendar. Executive
Session Item A Pending Litigation was removed from the agenda.
PUBLIC COMMUNICATIONS
A. Economic Development Update. (CFN-198) CAO Martin gave a brief update regarding the
Cancer Centers of America and Kent Station.
B. Proclamation—Rotary International. (CFN-155) Mayor White read the proclamation and
presented it to Police Captain Mike Painter.
CONSENT CALENDAR
CLARK MOVED to approve Consent Calendar Item A through E. White seconded and the
motion carried.
A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of February 1,
2005 were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through January 31 and paid on
January 31 after auditing by the Operations Committee on February 1, 2005 were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
1/31/05 Wire Transfers 1944-1959 $1,327,957.24
1/31/05 PrePays & 573252 724,674.36
1/31/05 Regular 573827 1,981,607.39
4,034,238.99
Checks issued for payroll of Januaryl 2005 and paid on January 20 2005 were approved'
Date Check Numbers Amount
115105 Interim Checks 281475 $ 222.24
I 1/20/05 Checks 281476-281726 229,784.15
1/20/05 Advices 174630-175283 1,411,810.95
1/27/05 Interim Checks 281727 76.54
1/27/05 Void Check#'s -281364 (76 54)
$1,641,816.34
11
Kent City Council Minutes February 15, 2005
C. Budget Change for Firefighters' Contract. (CFN-186) The budget change relating to the
Firefighters' contract, increasing the General Fund budget by$294,361 was approved.
D. Garrison Greens Final Plat. (CFN-1272) The Final Plat for Garrison Greens was approved
and the Mayor was authorized to sign the Mylar.
E. Council Absences. (CFN-198) Excused absences from tonight's meeting were approved for
Council President Peterson and Councilmember Ranniger.
OTHER BUSINESS
A. LID 358,Pacific Highway South High Occupancy Vehicle Lanes, Final Assessment Roll
Ordinance—(Quasi-Judicial Proceeding) (CFN-1292) This date has been set for the hearing on
the confirmation of the final assessment roll for LID 358. The City Attorney gave a brief
informational statement regarding this quasi-judicial proceeding, and no conflicts from
Councilmembers were disclosed. Public Works staff members Tim LaPorte and Mark Howlett
explained the existing conditions,project description, objectives,benefits, financing and timelines.
The Mayor opened the public hearing. There were no comments from the audience, and CLARK
MOVED to close the hearing. White seconded and the motion Gamed. WHITE THEN MOVED
to adopt Ordinance No. 3734 which approves and confirms the final assessment roll on Local
Improvement District 358, Pacific Highway South High Occupancy Vehicle Lanes. Harmon
seconded and the motion carried.
REPORTS
Operations Committee. (CFN-198) Clark reminded Councihnembers of the Suburban Cities
Meeting in Tukwila on February 23rd.
Public Works. (CFN-198) White announced that due to the upcoming holiday, the committee
will meet at 5:00 p.m. on February 28th.
Planning and Economic Development Committee. (CFN-198) Clark noted that due to the
upcoming holiday, the Committee will meet at 4:00 p.m. on February 28, and will discuss the
Critical Areas Ordinance and the Planning Department Work Plan.
ADJOURNMENT
At 7:30 p.m., WHITE MOVED to adjourn. Harmon seconded and the motion carried. (CFN-198)
Brenda Jacober, CMC
City Clerk
2
Kent City Council Meeting
Date March 1, 2005 31
Category Consent Calendar
1. SUBJECT: MILITARY ROAD WIDENING PROJECT CONDEMNATION
ORDINANCE—ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. providing
condemnation for the acquisition of real property and/or property rights between Bolger
Road and South 239`h Street adjacent to Military Road, in order to construct the
underground electrical system, storm, sewer, curb, gutter, and sidewalks for the Military
Road Widening Project. The ordinance also provides for payment to be made out of the
228th/224th Corridor—West Leg (SR 516-641h Avenue South) Project Fund, and
authorizes the City Attorney to prosecute the appropriate legal proceedings, and enter
into settlements, stipulations, or other agreements.
This is the first step in eminent domain proceedings, and City staff will do their best to
settle all these cases before commencing suit. With or without litigation, the City is
required, by law, to pay fair market value for the property being taken by
condemnation.
3. EXHIBITS: Public Works memorandum and Ordinance
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Yes Revenue? No
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. 6C
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PUBLIC WORKS DEPARTMENT
Larry Blanchard, Acting Public Works Director
Phone 25U5&5500
Fax 25M56-6500
\LOOOKIENT Address 220 Fourth Avenue S
w A s M I N c T O N Kent,WA 98032-5895
' DATE: February 2, 2005
TO: Mayor White and Kent City Council
FROM: Chad Bieren, Senior Project Engineer
THROUGH Larry Blanchard, Acting Public Works Director
SUBJECT: Condemnation Ordinance for Military Road Widening Project
MOTION:
Recommend authorization to adopt Condemnation Ordinance # for
obtaining needed right-of-way for the Military Road Widening Project.
SUMMARY:
In order to construct the Military Road Widening Project it will be necessary to acquire private
property from 6 property owners This ordmance provides the mechanism to proceed, if
necessary, to condemnation on those properties for which the typical methods of negotiation
have failed
BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact
BACKGROUND:
Military Road will be widened from 3 lanes to 5lanes between Bolger Road and several hundred
feet south of Kent-Des Moines Road (SR 516) This widening is part of the S 228th Street
Extension project,and is scheduled to be constructed the summer of 2005
The City has begun the acquisition process and is proceeding with good-faith negotiations with
the six property owners on Military Road The City will avoid, as much as possible,utilizing the
condemnation process, however, if required this ordinance will enable Public Works to continue
on schedule
Mayor White and Kent City Council Military Road Widening
February 2,2005
1
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iORDINANCE NO.
1
AN ORDINANCE of the City Council of the
City of Kent, Washington, providing for the acquisition
of real property and/or property rights between Bolger
Road and South 239ih Street adjacent to Military Road,
in order to construct the underground electrical system,
storm, sewer, curb, gutter, and sidewalks for the
Military Road Widening Project; providing for the
condemnation, appropriation, taking and damaging of
such surface rights as necessary for that purpose;
providing for the payment thereof out of the 228`h/2241h
Corridor — West Leg (SR 516-64`h Avenue S) Project
fund (Fund No. R90093 56710.535); directing the City
Attorney to prosecute the appropriate legal proceedings,
together with the authority to enter into settlements,
stipulations or other agreements; and acknowledging
that all of said property is located within King County,
Washington. p
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. After hearing the report of City staff, and after reviewing the
planned improvements for the Military Road Widening Project (the 'Project"), the
City Council finds and declares that the public convenience, use, health, safety and
' necessity demand that the City of Kent condemn, appropriate, take and damage
1 Military Road Widening Project
Condemnation Ordinance
i
portions of certain real properties located in King County, Washington, in order to
acquire the necessary real property and/or property rights for the construction of the
Project, including all necessary appurtenances. The properties affected by this
ordinance are legally described in Exhibit A, attached and incorporated by this
reference (collectively the "Property"). The purposes for which this condemnation
is authorized shall include, without limitation, all acts necessary to complete the
construction, extension, improvement, widening, alteration, maintenance,
reconstruction and restoration of the Project, and any other municipal purpose that
may be necessary from time to time on the Property.
SECTION 2. The City authorizes the acquisition by condemnation of all or a
portion of the Property for the construction, extension, improvement, widening,
alteration, maintenance and reconstruction of the Project, together with all necessary
appurtenances and related work to make a complete improvement according to City
standards.
SECTION 3. The City shall condemn the Property only upon completion of
all steps and procedures required by applicable federal or state law or regulations,
and only after just compensation has first been made or paid into court for the owner
or owners in the manner prescribed by law.
SECTION 4. The City shall pay for the entire cost of the acquisition by
condemnation provided for in this ordinance through the City's 2281h/224th Corridor—
West Leg (SR 516-64`h Avenue S) Project fund (Fund No. R90093.56710.535) or
from any of the City's general funds, if necessary, as may be provided by law.
SECTION 5. The City authorizes and directs the city attorney to commence
those proceedings provided by law that are necessary to condemn the Property. In
commencing these condemnation procedures, the City Council authorizes the city
2 Military Road Widening Project
Condemnation Ordinance
1
attorney to enter into settlements, stipulations, or agreements in order to minimize
damages. These settlements, stipulations, or agreements may include, but are not
limited to, the amount of just compensation to be paid, the size and dimensions of the
property condemned, and the acquisition of temporary construction easements and
other property interests.
SECTION 6. Any acts consistent with the authority and prior to the effective
date of this ordinance are ratified and confirmed.
SECTION 7. The provisions of this ordinance are declared to be separate
and severable. The invalidity of any clause, sentence,paragraph, subdivision, section
or portion of this ordinance, or the invalidity of the application thereof to any person
or circumstances shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
SECTION 8. This ordinance, being the exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take
reffect and be in force five (5) days after its publication as provided by law
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JIM WHITE, MAYOR
iATTEST:
BRENDA JACOBER, CITY CLERK
3 Military Road Widening Project
Condemnation Ordinance
4
No. 571508
Lot A of City of Kent lot Line Adjustment Number L-2001-08/KIVA
#20011317, recorded under Recording Number 20010712001789, said Lot
Line Adjustment being a portion of the southwest quarter of the
northwest quarter and the northwest quarter of the southwest quarter
of Section 15, Township 22 North, Range 4 East, W.M. , in King
County, Washington.
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No. 506503
f
The south 146.43 feet of the north 563.43 feet (as measured along
the east line) of that portion of the northwest quarter of the
southwest quarter of Section 15, Township 22 North, Range 4 East,
W.M. , in King County, Washington, lying easterly of the Old Military
Road as now revised;
EXCEPT the east 88 feet thereof;
(ALSO KNOWN AS a portion of Tract 18, Richards Hy-Line Acres,
according to the unrecorded plat thereof) .
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No. 506502
The south 178.43 feet of the north 583.43 feet
(as
the east line) of that portion of the northwest quarter uofd the
ong
southwest quarter of Section 15, Township 22 North, Range 4 East,
W.M. , in King County, Washington, lying easterly of the Old Military
Road as now revised;
EXCEPT that portion of the south 146.43 feet of the north 158.43
feet thereof (as measured along the east line) lying west of the
east 88 feet thereof;
(.ALSO KNOWN AS a portion of Tract 18, Richard's Hy-Line Acres, an
unrecorded plat.
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ExKra �r A
PAGE
No. 571509
That portion of the northwest quarter of the southwest quarter of
Section 15, Township 22 North, Range 4 East, W.M. , in King County,
Washington, described as follows:
Beginning at the northwest corner of said subdivision, which corner
is the west quarter corner of said Section 15;
thence north 8801812011 east along the northerly line of said
subdivision, 875.01 feet to an intersection with the easterly margin ,
of Old Military Road as now revised;
I thence south 26*4412011 east along said easterly margin 643.91 feet
to the TRUE POINT OF BEGINNING of the tract herein described;
thence continuing south 260441200 east, along said easterly margin,
209.55 feet to point of curve; ;
thence along the arc curve to the right having a radius of 1176.28
feet, a distance of 220.45 feet to an intersection with the easterly
line of said subdivision;
I thence north 005614511 west along said easterly line to a point from
which the TRUE POINT OF BEGINNING bears south 88°18'20" west;
thence south 88018120" west to the TRUE POINT OF BEGINNING;
EXCEPT that portion thereof conveyed to the State of Washington for
Primary State Highway No. 1 by deed recorded under Recording Number
4995256;
100 EXCEPT portion condemned for State Highway in Superior Court
Cause No. 736766;
(ALSO KNOWN AS a portion of Tract 18, Richard's Hy-Line Acres, an
unrecorded plat) .
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PAGE L4 -�
No. 573710
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That portion of the west half of the southwest quarter of
Section 15, Township 22 North, Range 4 East, W.M. , in King County,
Washington, described as follows:
Beginning at a point opposite and 100 feet distant southwesterly
when measured radially from the "A" line survey of Primary State
Highway No. 1, Pierce county line to Junction Secondary State
Highway No. 5-A at Highway Engineers Station 71+20, said point being
the TRUE POINT OF BEGINNING;
thence south 12005,001, west, a distance of 277.67 feet;
thence along a curve to the left having a radius of 427.46 feet,
an arc distance of 35.17 feet;
thence north 58058121" east, a distance of 292.31 feet;
thence north 89056121" east, a distance of 1.88 feet;
thence north 01025,001, east, a distance of 14.11 feet;
thence along a curve to the left having a radius of 1,096.2B feet,
an arc distance of 57. 63 feet to its intersection with a curve whose
center from said intersection bears north 02054105/, east and having
a radius of 1,246.00 feet;
thence to the left along said curve, an arc distance of 227.99 feet
and the TRUE POINT OF BEGINNING;
EXCEPT that portion thereof condemned in King County Superior Court
Cause Number 79-2-00071-0.
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pAGIE-� s of 7
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No. 571507
That portion of the east half of the southwest quarter of the
southwest quarter of Section 15, Township 22 North, Range 4 East,
W.M. , in King County, Washington, lying south of Secondary State
Highway No. 5-A, as conveyed to King County by deed recorded under
1 King County Recording Number 2122612, and lying north of George W.
Peck Road No. 2 (sometimes known as Peck Road and sometimes known as
Jeffery Road) , approved by King County under County Commissioners
Record Volume 27, Page 133 on April 19, 1926;
EXCEPT that portion conveyed to King County for road purposes under
King County Recording Number 4686118;
AISM EXCEPT that portion thereof conveyed to the State of Washington
for Primary State Highway No. 1, by deed recorded under King County
Recording Number 5082567;
EXCEPT that portion conveyed to State of Washington under King
County Recording Number 7906180687.
6x * t ar7- A
PAGE �0 0-� 7
No. 506500
PARCEL A:
That portion of the south 415 feet of the southwest quarter of the
northwest quarter of Section IS, Township 22 North, Range 4 East,
U.M. , in King County, Washington, lying east of the center line of ,
Nilitary Road South, and north of the old logging road, said old
logging road described as follows:
Beginning at a point where the south line of the northwest quarter
of Section 15, Township 22 North, Range 4 East, W.M. , in King
County, Washington, intersects the center line of said Military Road
South;
thence 85 feet northwesterly along the center line of said Military
Road South to the TRUE POINT OF BEGINNING of the old logging road or
grade, the center line of which runs from said TRUE POINT OF
BEGINNING northeasterly at a angle measured counter-clockwise from
said center line of said Military Road, south 1010151 and continues
to a point where said center line of old logging road intersects
with the easterly line of said southwest quarter of said northwest
quarter of Section 15;
AND EXCEPT Military Road South and a strip 15 feet wide abutting
Military Road South.
PARCEL B:
A 15 foot strip of land abutting Military Road on the southwest of
Parcel A.
Ex K 18/T
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Kent City Council Meeting
Date March 1, 2005
Category Consent Calendar
1. SUBJECT: PACIFIC HIGHWAY INTERAGENCY AGREEMENT WITH
HIGHLINE WATER DISTRICT—AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign an Interagency
Agreement with Highline Water District to include relocation and reconstruction of
Highhne's water main and other associated appurtenances as part of the Pacific
Highway South HOV Lanes project, upon concurrence of the language in the agreement
by the Public Works Director and the City Attorney.
3. EXHIBITS: Public Works Memorandum and Interagency 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. 6D
PUBLIC WORKS DEPARTMENT
Larry R Blanchard, Acting Public Works Director
Phone 253-856-5500
Fax 253-856-6500
KEN T Address 220 Fourth Avenue 5
WASHINOTON
Kent,WA 98032-5895
DATE: February 6,2005
TO: Public Works Committee
FROM: Mark Howlett
THROUGH Larry Blanchard, Acting Public Works Director
SUBJECT: Pacific Highway South HOV Lanes Project
Interagency Agreement with Highline Water District
MOTION Recommend that the City Council authorize the Mayor to sign an Interagency
Agreement with Highline Water District to include relocation and reconstruction of
Highline's water main and other associated appurtenances as part of the City's Pacific
Highway South HOV Lanes Project.
SUMMARY:
The Public Works Department proposes to enter into an agreement with Highline Water District
to provide for relocation of various District facilities along the North Phase of Pacific Highway
South by the City at District cost These facilities are in conflict with the City's proposed storm
drainage system The work will be included within the City's Pacific Highway South HOV
Lanes—Roadway Project scheduled for construction later this spring The City executed a
similar agreement in 2002 for the City's South Phase of Pacific Highway South
BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact
BACKGROUND:
Highline Water District has numerous meters,vaults and fire hydrants to be relocated to
accommodate the City's street widening In addition, a substantial amount of water main
requires reconstruction to avoid conflicts with the City's new storm drainage system Similar to
the 2002 Storm Drainage Project, the Distinct has requested that the City include the relocation
and reconstruction work in our contract for the general roadway The District will design and
fund the relocation work and the City will administer the construction contract
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Mayor White and Kent City Council l
AGREEMENT REGARDING THE
NORTH PHASE OF THE PACIFIC HIGHWAY SOUTH HOV LANES PROJECT
BETWEEN THE CITY OF KENT AND HIGHLINE WATER DISTRICT
THIS AGREEMENT is entered into between the City of Kent, a Washington Municipal
Corporation, located and doing business at 220 Fourth Avenue South, Kent,Washington 98032
(hereinafter called "CITY") and Highl,ne Water District, located and doing business at 23828
30"'Avenue South, Kent, Washington 98032 (hereinafter called "DISTRICT')
RECITALS
WHEREAS, the CITY is in process of designing a roadway improvement project,
commonly known as Pacific Highway South HOV Lanes Project — North Phase, which
jcommences generally from Kent-Des Moines Road and runs generally south terminating at
South 252" Street in Kent, and
WHEREAS, the DISTRICT has a Franchise with the CRY to provide water service for
1 the vicinity of the project, and
WHEREAS, the DISTRICT's water facilities are required to be relocated in order to
accommodate the storm drainage system for the new roadway project, and
WHEREAS the DISTRICT is financially responsible for all costs associated with this
relocation work and is obligated to reimburse the CITY for such work, and
WHEREAS the DISTRICT in conformance with its franchise agreement with the CITY
must complete all water main relocation work, and
WHEREAS in order to meet the CITY's schedule for the road improvement project the
DISTRICT would be obligated to perform this work,and
WHEREAS the CITY and the DISTRICT desire to work together for the mutual and
overall benefit of the roadway project and the water facility relocation work.
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NOW THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein, or attached and incorporated and made part hereof, IT IS
MUTUALLY AGREED AS FOLLOWS
AGREEMENT
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Section 1. General The CITY, as agent acting for and on behalf of the DISTICT, agrees to
perform the work in constructing the Improvements for the DISTRICT, in accordance with and
as described in the Scope of Work marked Exhibit A and Plans and Specifications marked
Exhibit B attached hereto, which by this reference are made part of this AGREEMENT
Section 2. Construction Plans Plans, Specifications and cost estimates have been
prepared by the DISTRICT generally in accordance with the current State of Washington
Standard Specifications for Road, Bridge and Municipal Construction, DISTRICT Standard
Specifications as applicable and adopted design standards. The DISTRICT hereby approves
the Scope of Work and Plans for the described construction as shown on Exhibits A and B
Section 3. Construction The CITY is hereby designated the DISTRICTs construction
agent for the project The CITY will incorporate said Plans and Specifications into the CITY's
Project as a separate schedule (Schedule B ) and thereafter advertise the resulting project for
competitive bid Once the contract is awarded, the CITY will administer the contract As
construction agent, the CITY will perform all engineering, survey and field inspections and shall
make all payment to the contracts The CITY will keep the DISTRICT advised as to the
progress of said project The CITY, as construction agent, shall have final judgement, after
consulting with the DISTRICT, with regards to decisions related to the work of the Contractor
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Section 4. Authority to Construct The DISTRICT hereby authorizes the CITY to proceed
with construction in accordance with Exhibits A & B for the purpose intended by this
AGREEMENT, and as further described in Section 7
Section 5. Inspection by District The DISTRICT shall furnish an inspector on the project
Any costs for such inspection will be borne solely by the DISTRICT All contact between said
inspector and the CITY's contractor shall be through the CITY's representatives
Section 6. Payment An itemized cost for work to be performed by the CITY for the
DISTRICT marked Exhibit C is attached hereto and, by this reference, is made part of this
AGREEMENT The DISTRICT, in consideration of the faithful performance of the work to be
done by the CITY, agrees to reimburse the CITY for the actual direct cost of all work specified
in Schedule B that is the financial responsibility of the DISTRICT and shall take all necessary
action to pledge, budget and allocate the same Payment shall be made by the DISTRICT to
the CITY within 30 days, upon the request of the CITY, to cover actual direct costs incurred by
the CITY Costs shall include the DISTRICT's portion of the Contractor's construction costs,
construction inspection and the CITY's administration cost Payments delayed beyond 30 days
shall include interest payments of 1 percent per month
Section 7. Extra Work In the event of unforeseen causes require an increase in the
DISTRICT's cost obligation of 25 percent or more from that included in Schedule B, this
1 AGREEMENT will be modified by supplement agreement covering said increase in the event it
is determined that any "substantial change' from the description of the work contained in the
iAGREEMENT is required, written approval must be secured from the DISTRICT before the
beginning of such work "Substantial change" is defined as any changes requiring an increase
in the DISTRICT's financial obligation (per Schedule B ) of greater than 25 percent The CITY
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shall provide prior written notice for all changes to the DISTRICT's portion of the work
regardless of the financial obligation
Section B. Emergency Repairs Prior to CITY acceptance of Contractor work, if there is a
need for emergency repair and the CITY's contractor is unable to perform such repair in a
timely manner, the DISTRICT shall have permission to enter upon the CITY's right-of-way and
complete said emergency repair Emergency repairs are defined as work performed by CITY or
DISTRICT forces to stabilize, remove immediate hazards or dangers by cutting and capping
water mains, and restoring immediate utility services to customers in the area Upon completion
of any emergency repairs by the CITY or the DISTRICT, the CITY and the DISTRICT shall
cooperatively determine each parry's financial responsibility
Section 9, Final Acceptance The CITY shall conduct a field review of each constructed facility
with representatives of the DISTRICT and shall further require all punchlist items to be correct
to the satisfaction of the DISTRICT and the CITY before final acceptance by the CITY The
DISTRICT agrees, upon satisfactory completion of the work involved as determined by the
DISTRICT, to deliver a letter of acceptance approving the CITY's design, management and
construction of the project Acceptance shall not constitute acceptance of any unauthorized or
defective work or materials, nor be a waiver of any manufacturer's, supplier's or contractors'
warranties. Final acceptance of the project shall be by the CITY after inspection by all agencies
involved. j
Section 10. Delivery of Completed Lines The CITY agrees, within 30 days from the date
of completion and final acceptance by the DISTRICT and the CITY of the Improvements, to
transfer ownership of Improvements to the DISTRICT by the appropriate documents The CITY t
will forward to the DISTRICT any guarantee or warranty furnished as a normal trade practice in
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connection with the purchase of any equipment, materials, or items used in the construction of
the project. The CITY shall submit as-built drawings in Autocad electronic format to the
DISTRICT upon completion of the project for DISTRICT review and approval. Upon delivery by
the CITY to the DISTRICT and DISTRICT approval as described in this section, the DISTRICT
shall issue a release and waiver of all claims or demands of any nature, past or present
whether known or unknown, that result from the CITY's performance of the work contemplated
in this AGREEMENT This release and waver must be in a form acceptable to the Kent City
Attorney The CITY's Contractor shall warrant the workmanship and materials utilized in the
iImprovements to be free of defects for a period of two(2)years from the date of transfer
Section 11. Legal Relations The CITY and the DISTRICT agree to defend, save, keep,
and hold harmless the other, its officers, agents, employees, and volunteers from any and all
Idamages, costs or expenses in law or equity that may any time anse or be set up because of
damages to property or personal injury received by reason of, or in the course of, or which may
be occasioned any willful or negligent act or omission of the municipal entity arising out of the
activities which are the subject of this AGREEMENT The construction specification shall
include the usual indemnification clause to protect the CITY and the DISTRICT
Section 12. Resolution of Disputes and Governing Law This AGREEMENT shall be
governed and construed in accordance with the laws of the State of Washington If the parties
are unable to settle any dispute, difference or claim arising from the parties' performance of this
AGREEMENT, the exclusive means of resolving that dispute, difference or claim, shall only be
by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior
Court located in Kent, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process In any claim or lawsuit for damages arising from the
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parties' performance of this AGREEMENT, each party shall pay all of its legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other
recovery or award provided by law, provided, however, nothing in this paragraph shall be
construed to limit the City's or Distncfs right to indemnification under Section 11 of this
Agreement
Section 13. Written Notice All communications regarding this AGREEMENT shall be sent
to the parties at the addresses listed on the signature page of this AGREEMENT, unless
notified to the contrary Any written notice hereunder shall become effective upon the date of
mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the
addressee at the address stated in this AGREEMENT or such other address as may be
hereafter specified in writing
Section 14. Assignment Any assignment of this AGREEMENT by either party without the
written consent of the non-assigning party shall be void
Section 15. Modification No waiver, alteration, or modification of any of the provisions for
the AGREEMENT shall be binding unless in writing and signed by a duly authorized
representative of the CITY and the DISTRICT
Section 16. Entire Agreement The written provisions and terms of this AGREEMENT,
together with any attached Exhibits, shall supercede all prior verbal statements of any officer or
other representative of either party, and such statements shall not be effective or be construed
as entering into or forming a part of or altering in any manner this AGREEMENT This i
document, including all Exhibits, is the entire agreement between the parties Should any
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tlanguage in any of the Exhibits to the AGREEMENT conflict with any language contained in this
AGREEMENT, the terms of this AGREEMENT shall prevail
Section 17. Effectivity This AGREEMENT shall be effective as to all parties on the last date
signed below
(SIGNATURES ON THE FOLLOWING PAGE)
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IN WITNESS WHEREOF, this AGREEMENT and Conveyance is executed by the Parkes by
their authorized officers indicated below
CITY OF KENT HIGHLINE WATER DISTRICT
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BY BY Tiatt le1 VA�
ITS ITS Cyr} IlVh n�t�.Y"
DATE DATE
ATTEST: ATTEST:
CITY CLERK, CITY OF KENT
APPROVED AS TO FORM APPROVED AS TO FORM
KENT CITY ATTORNEY
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SCOPE OF WORK
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Scope of Work
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This portion of the project, Schedule B of the contract, consists primarily of
installing a new ductile iron water main to replace an existing cast iron pipe (CIP)
water mama along the west side of Pacific Highway South, which commences
generally from South 240th St and runs generally north terminating lust south of
Kent-Des Moines Road in Kent, WA Additional appurtenance relocation work
will occur between S 252n°St north to S 240th St The work includes
approximately 2.670 lineal feet of 12-inch, 8-inch 6-inch and 4-inch diameter DIP
water main, gate valves,fire hydrants, replace and/or reconnect existing
services, reconnect to existing system, and other related appurtenances
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EXHIBIT B
PLANS
02/01/05
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A COPY OF THE DRAWINGS ARE AVAILABLE '
UPON REQUEST
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EXHIBIT C
COST OF WORK
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02/01/05
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HWD Project#03-2
Project Pac Hwy-S 240th ST to Kent-Des Moines Rd
Item# Bid Item Quanti Unit Unit Cost Total
3001 Mobilrzabon 1 LS $ 15,000 $15,000
3002 Trench Safe S tem 1 LS $ 5,000 $5,000
3003 12"DI CL 52 Pie 2,700 LF M$ 2,800
$216,000
3004 8" DI CL 52 Pi 60 LF $3,300
3005 6"DI CL 52 Pi 140 LF $7,000
3006 4"DI CL 52 Pi 25 LF 5 $875
3007 New Service Installations 518"to 2" 20 EA D $40.000
3008 4-inch Gate Valve&Valve Box 1 EA $1,000
3009 6-inch Gate Valve&Valve Box 8 EA $9,600
3010 8-inch Gate Valve&Valve Box 3 EA $3,600
3011 12-inch Gate Valve&Valve Box 8 EA $9,600
3012 FH Assembly8 EA $22,400
3013 Remove&Salva FH 8 EA $3,600
3014 Additional WM Fittin s 2,000 LB $6,000
3015 Connect to Existing S tern 6 EA $ 1,500 $9,000
3016 Relocate/Reconnect Exist Services 11 EA $ 1,000 $11,000
3017 Crushed Surface Top Course 1,000 TN $ 18 $18,000
3018 JTraffic Control Labor 1 LS $ 15,000 $15,000
3019 ISelect Backfdl 800 CY $ 20 $16,000
sub-total $411,975
Sales Tax 8 8% $36,254
TOTAL $448,229
Engineees Estimate $450,000
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SPECIAL PROVISIONS FOR
HIGHLINE WATER DISTRICT
PACIFIC HIGHWAYS. WATER MAIN
RELOCATION PROJECT #03-2
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Standard Specifications
The standard specifications for this project will be the 2002 edition of the WSDOT/APWA
specifications The performance of this Contract and all work, materials and testing shall
conform to the Standard Specifications which are expressly incorporated by this
reference except as supplemented or modified A copy of the Standard Specifications is
available for the Contractor's review at the District office during normal business hours
The Contractor is encouraged to review the Standard Specifications to ensure the
knowledge and understanding of their terms and conditions and/or to obtain a copy of
such Standard Specifications from the District The Standard Specifications are modified
by the special provisions and supplemental specifications as follows
The standards are being appended and/or modified. as follows and relate ONLY to
the construction of the water main and related appurtenances
1-05 CONTROL OF WORK
1-05.2 Authority of Assistants and Observers
Section 1-05 2 shall be deleted and replaced with the following
The District will be providing construction observers to assist in determining that
work performed and materials furnished comply with the Contract Documents
All District observer's comments shall be brought to the attention of the City No
direct communication between the District and the Contractor shall be allowed
Construction observers have the authority to reject defective material and
suspend work that is being done improperly, subject to the final decision of the
Engineer. Construction observers may exerc)se such additional authority as may
be delegated to them by the Engineer A construction observer is not authored
to approve or accept any work or materials, or to issue instructions or advice,
contrary to the provisions of the Contract Documents
Work performed or materials furnished, at any time found not to conform to the
Contract Documents, shall be at the Contractor's nsk and furnish no basis for
claim, even though a construction observer purports to change the Contract
Documents to provide for such work or material, to approve or accept such work
or material, or issue any instructions contrary to the Contract Documents
Although construction observers may advise the Contractor of any faulty work or
materials or infringements of the terms of the Contract Documents, failure of the
Engineer or a construction observer to do so shall not constitute acceptance or
approval
1-05.3 Plans and Working Drawings
Modify with the following
Submittals-General
Contractor shall be responsible for the accuracy and completeness of the
information contained in each submittal and shall assure that the material,
equipment or method of work shall be as described in the submittal The
Contractor shall verify that all features of all products conform to the
requirements of the Specifications and drawings Submittal documents
shall be clearly edited to indicate only those items, models, or series of
materials or equipment, which are being submitted for review All
extraneous materials shall be crossed out or otherwise obliterated The
Contractor shall ensure that there is no conflict with other submittals and
notify the Engineer in each case where his submittal may affect the work
of another Contractor or the District The Contractor shall ensure
coordination of submittals among the related crafts and subcontractors If
the Contractor proposes to provide material, equipment, or method of
work which deviates from the project Spermcations, he shall indicate so
under "deviations" on the transmittal form accompanying the submittal
copies
IWork Included
' Submittals required for this work shall include any or all of the following as
required by the particular Specification section and the submittal
schedule
1 Product Submittals
a Manufacturer's Literature
b Shop Drawings
c Color and Material Samples
d Design Calculations
e Test Reports
2 Project Record Document
3 As-built Drawings
Submittal information
Shop, catalog, and other appropriate drawings shall be submitted to the
Engineer for review prior to fabrication or ordering of all equipment
specified The number of copies of submittal information to be submitted
shall be as indicated in the following parts of this section
All submittal information shall be sent to the Engineer through the general
contractor The Contractor shall assign a separate submittal number to
each item or group of items that relate to each Specification section
Submittal numbers shall correspond to the specification sections in which
the items were specified Resubmittals shall be numbered using an
alphabetical suffix
Product Submittals •General
Each submittal shall be accompanied by a letter of transmittal showing
the date of transmittal, specification section or drawing number to which
the submittal pertains, and a brief description of the material submitted
When the contract documents require a submittal, the Contractor shall
submit the specified information as follows
1 One (1) reproducible original of all the submitted information
When individual sheets in the submittal exceed 8-112 inches x 11
inches, a sepia shall be submitted
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2 Seven (7) copies of all the submitted information, five (5) sets will
be retained for Owner and Engineer records
Unless otherwise specified, within ten (10) calendar days after receipt of '
the submittal, the Engineer shall review the submittal and return two (2)
copies of the marked-up reproducible original noted in 1 above The
reproducible original will be retained by the Engineer The returned '
submittal shall indicate one of the following actions
1 If the review indicates that the material, equipment or work
method complies with the project Specifications, submittal copies
will be marked "NO EXCEPTIONS TAKEN " In this event, the
Contractor may begin to implement the work method or
incorporate into the project the material or equipment covered by
the submittal
2 if the review indicates limited corrections are required, copies will
be marked "MAKE CORRECTIONS NOTED" The Contractor
may begin implementing the work method or incorporating into the
project the material and equipment covered by the submittal in
accordance with the noted corrections
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Where submittal information will be incorporated in O&M data, the
corrected copy shall be provided
3 If the review reveals that the submittal is insufficient or contains
incorrect data, copies will be marked "AMEND AND RESUBMIT "
Except at his own risk, the Contractor shall not undertake work
covered by this submittal until it has been revised, resubmitted
and returned marked either "NO EXCEPTIONS TAKEN" or
"MAKE CORRECTIONS NOTED " 1
4 If the review indicates that the material, equipment, or work
method does not comply with the project Specifications, copies of
the submittal will be marked "REJECTED - SEE REMARKS"
Submittals with deviations which have not been identified clearly
may be rejected Except at his own risk, the Contractor shall not
undertake the work covered by such submittals until a new
submittal is made and returned marked either "NO EXCEPTIONS
TAKEN"or"MAKE CORRECTIONS NOTED "
The Engineer shall review all submittals for general conformance with the
design and the requirements of the contract documents Markings or
comments shall not be construed as relieving the Contractor from
compliance with the contract documents
Submittals may be rejected based on inadequate information and/or not
meeting the requirements of the Specifications or Drawings Rejection of '
submittals requires action on the part of the Contractor to correct the
reason for the rejection
The Contractor remains responsible for details and accuracy, for '
confirming and correlating all quantities and dimensions, for selecting
fabrication processes and for techniques of assembly and installation
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Manufacturer's Literature
Where the contents of submitted literature includes data not pertinent to
the submittal, the portion(s) of the contents being submitted for the
Engineer's review shall be clearly indicated
Shop Drawings
Shop drawings shall be submitted in the form of blueline or blackline
prints of each sheet Blueprint submittals will not be acceptable
All shop drawings shall be accurately drawn to a scale sufficiently large
enough to show pertinent features and method of connection or joining
1 On ail shop drawings, figure dimensions shall be used as opposed to
scaled dimensions
Shop drawings shall bear the Contractor's certification that he has
reviewed, checked, and approved the shop drawings.
i Material Samples
■ All material samples shall be of the exact article proposed to be furnished
and shall be submitted in the quantity required to be returned to the
Contractor, plus one additional sample to be retained by the Engineer
Design Calculations
Where required in the Specifications, a minimum of seven (7) copies of
design calculations shall be submitted to the Engineer Design
calculations shall be complete, concise, and in an easy to read format If
I required in the particular section to which the design calculations pertain,
test data and calculations from previous full-scale pilot plant testing shall
be submitted with the design calculations
jTest Reports
A minimum of five (5) copies of test reports shall be submitted to the
Engineer
Resubmittals
When material is resubmitted for any reason, it shall be submitted under a
new letter of transmittal and referenced to the previous submittal
Coordination of Product Submittals
Prior to submittal for review by the Engineer, all data shalt be fully
I coordinated, including the following
1 All field dimensions and conditions
' 2 All trades and public agencies involved, including necessary
approvals
3 All deviations from the contract documents
Grouping of Submittals
1 All submittals shall be grouped with associated items, unless
otherwise specifically permitted by the Engineer
2 The Engineer may reject the submittals in their entirety or any part '
thereof, if not in accordance with the contract documents, or if not
submitted in groups of associated items '
Timing of Product Submittals
1 All submittals shall be made far enough in advance of installation '
to provide all required time for reviews and securing of necessary
approvals
2 In scheduling, the Contractor shall allow at least ten (10) calendar '
days for the Engineer's review following his receipt of the
submittal
3 A minimum of seven (7) copies are required for submittal (shop
drawings, manufacturer's literature, etc), five (five) copies will be
retained by the Engineer The remaining copies will be returned ,
to the Contractor
Delays
Cost of delays occasioned by tardiness of submittals on the part of the
Contractor will not be bome by the Owner, or the Engineer
Substitutions
1 Wherever possible throughout the Specifications, the minimum
acceptable quality of workmanship and materials has been
defined either by manufacturer's name and catalog number, by
reference to recognize industry standards, or by performance
requirements
2 To ensure that the specified products are famished and installed
in accordance with the design intent, procedures have been
established for advance submittal of design data and for review
and approval or rejection by the Engineer
Engineer's Review Required
1 Comply with the requirements of the General Conditions unless ,
modified herein.
2 The contract is based on the materials, equipment, and methods ,
described in the contract documents.
3 The Engineer will consider proposals for substitutions of materials,
equipment, and methods only when such proposals are
accompanied by full and complete technical data and all other
information required by the Engineer to evaluate the proposals
4 Do not substitute materials, equipment, or methods unless such
substitution has been specifically approved for this work by the
Engineer.
5 If the Contractor desires to furnish items of minor equipment by
' manufacturers other than those specified, he shall secure the
approval of the Engineer prior to placing a purchase order
' 6 Where the phrase "or equal" occurs in the contract documents, do
not assume that material, equipment, or methods will be approved
as equal by the Engineer unless the item has been specifically
approved in writing for this work by the Engineer
Availability of Specified Items
1 Verify prior to bidding that all specified items will be available in
time for installation during orderly and timely progress of the work
2. In the event the specified item or items will not be available, notify
the Engineer prior to receipt of bids
3 Costs of delays because of non-availability of specified items,
when such delays could have been avoided by the Contractor,
shall not be borne by the Owner Under such conditions, the
Contractor is subject to liquidated damages should contract time
expire.
Project Record Document(As-Built Drawings)
A Description
Throughout progress of construction the Contractor shall, maintain an
' accurate as-built record in the Contract Documents as described herein
The Contractor's person responsible for making the Project Record
Document must become familiar with the entire set of Contract
Documents so as to be able to fully discharge this responsibility Any and
all As-built surveys shall be under the supervision of a professional land
surveyor who has a current registration in the State of Washington
IB Quality Assurance
The Contractor shall delegate the responsibility for maintenance of the
' Project Record Document to one person who shall also have the
Engineer's approval.
C Accuracy and Timeliness
As-built entries shall be coordinated within the Project Record Document
so that adequate and proper entries on each sheet of the Drawings and
other Documents where such entry is required does properly show the
as-built data Accuracy of records shall be such that future search for
items shown in the Project Record Document may rely reasonably on
information obtained from the approved Project Record Document
Entries shall be made within five (5)working days after the construction of
the work is complete Approval by the Engineer of current status and
completeness are prerequisites to the Engineer's approval of requests for
progress payments and final payment under the Contract
❑ Responsibility for Procurement and Protection of the Project ,
Record Document
The Contractor shall procure from the Engineer, at no charge to the ,
Contractor, one complete set of all Documents comprising the Contract
The Contractor shall maintain the Project Record Document completely
protected from deterioration and from loss and damage throughout the
construction of the project and through the final submittal process In the ,
event of loss of recorded data, the Contractor is responsible to use
means necessary to again secure, all at his own expense, the data
needed for the Project Record Document Such means shall include, if
necessary, the removal of concealing materials, and once the data is
recorded then reconstruction of the work to the standards originally
required by the Contract Documents
E Project Record Document Procedure Guideline
1 Title - Immediately upon receipt of the job set of Contract ,
Documents, identify each of the Documents with the title
"RECORD DOCUMENTS-JOB SET"
2 Protection - Considering the contract completion time, the ,
probable number of occasions upon which the job set must
be taken out for new entries and for examination, and the
conditions under which these activities will be performed,
the Contractor shall devise a suitable method for protecting
the job set to the approval of the Engineer. The job set
shall be maintained at the work site and shall not be used
for any purpose except entry of new data and for review by
the Engineer and Designer
3 Record Entries - Use an erasable colored pencil (not ink or ,
indelible pencil) to clearly describe the change by graphic
line and note as required Date all entries Call attention '
to the entry by a "cloud" drawn around the area or areas
affected Use different colors for overlapping changes
Put entries on all the affected Documents
4 Contractor's person responsible shall make entries based
on the makeup of the Contract Documents, the specific
requirements of the Project Manual and, if requested by ,
the Contractor, other more extensive As-built Entry
Guidelines are available from the Designer
F Final Project Record Documents
1 If the Job Set Documents have been kept clean during the
progress of construction, and if the as-built entries have
been orderly to the approval of the Engineer, the Job Set
Document will be accepted as the Final Project Record
Document
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approval of the Engineer, the Contractor shall procure from
the Engineer, at the usual charge for reproduction and
handling, a new copy of the Document and carefully
transfer the as-built data to the new Document and
resubmit for approval of the Engineer
t3 The Contractor along with the Engineer and Designer shah
participate in any review meetings that may be necessary
to facilitate prompt completion of the Final Project Record
Documents
G Changes Subsequent to Acceptance
The Contractor has no responsibility for additions or changes to the
Project Record Documents after final acceptance of same, except for
work that is required under Warranty
1.05.5(1) Construction Stakes(APWA)
Section 1-05 shall be supplemented as follows
The Contractor shall keep the City of Kent informed of staking requirements and
provide notice in accordance with the City of Kent's requirements All related
staking costs for the water main are the responsibility of the District
Contractor shall take adequate precautions to locate and protect existing
markers, property corners, monuments, and other reference points which will be {
affected by construction Each such marker shall be identified, and if it is
necessary for the marker to be removed due to construction, then the following
procedure shall be used
a) Notify Owner of the location of the marker
b) If the marker is for survey use, or if requested by Owner, a
qualified land surveyor shall be scheduled by Owner to establish
reference points and eventually reset the marker
c) If the marker is within the right-of-way or easement limits for the
work, OWNER will pay for the required survey work and recording
of surrey as necessary
d) If the marker is at the edge of or outside the nght--of-way or
1 easement limits for the work, Contractor will pay for the required
survey work and recording of survey
Contractor shall not knowingly remove any such marker before such marker can
be referenced by the Engineer All survey costs for replacing markers and
recording of survey shall be paid by Contractor if such markers are removed by
Contractor prior to proper referencing by the District
Contractor will not be entitled to any delay costs for referencing an existing
marker, unless his work is physically delay-ed by the referencing work, and a
minimum of 72 hours (three working days) notice have been previously given to
Owner of the existence of the marker and the need for it to be referenced
The Contractor shall work to preserve stakes and marks The Contracting
Agency will deduct from payments due the Contractor all costs to replace stakes
and marks carelessly or willfully damaged or destroyed by the Contractor's r
operation
1-05.512) Roadway and Utility Surveys ,
Replace numbers 1-4 with the following-
1 Pipeline centerline and 10-foot offset stakes at tees and bends. t
2 Pipeline centerline and 10-foot offset stakes at 100-foot intervals
along straight runs of water main ,
3 Centerfine and 10-foot offset stake for fire hydrant
4 Grades will be provided at 200-foot intervals and at tees and
bends
1.05.6 Inspection of Work and Materials
This section shall be amended to include
All materials and compaction testing shall be performed by the Contractor's certified
independent Materials Testing Laboratory and shall be paid for by the Contractor,
including all re-testing due to faded compaction tests There shall be a minimum of one
(1) compaction test of the water main trench every two hundred (200) lineal feet of each
lift placed
1-05.10 Guarantees
Section 1-05 10 shall be deleted and replaced with the following i
1-05.10(1) General Guaranty and Warranty
The Contractor shall fumish to the Engineer any guaranty or warranty
fumished as a normal trade practice in connection with the purchase by
the Contractor or a subcontractor of any equipment, materials, or items ,
used in the Work
Additionally, if within two years after the date of Final Acceptance of the '
Work by the District, defective and unauthorized work is discovered, the
Contractor shall promptly, upon written request by the Owner, return and
in accordance with the Engineer's instructions, either correct such work,
or if such work has been rejected by the Engineer, remove it from the
Project Site and replace it with nondefective and authorized work, all
without cost to the District If the Contractor does not promptly comply
with the written request to correct defective and unauthorized work, or if ,
an emergency exists, the Owner reserves the right to have defective and
unauthorized work corrected or rejected, removed,and replaced pursuant
to the provisions of Section 1-05 8 of these Specifications, and to bill the
Contractor for all such costs, which the Contractor agrees to promptly
pay
The Contractor agrees the above two year limitation shall not exclude or
diminish the Distncfs rights under any law to obtain damages and recover
costs resulting from defective or unauthorized work discovered after two
years but prior to the expiration of the legal time period set forth in RCW
4 16 040 limiting actions upon a contract in writing or liability, expressed
or implied, ansing out of a written agreement
1-08.0 Preliminary Matters (APWA only)
Add a new Section 1-08 1(5)as follows
' 1-08.0(4) Preconstruction Photographs
' A minimum of one preconstruction photograph shall be taken by the
Contractor in each direction at minimum 50-foot stations along the route
of the water main construction In areas with extensive improvements,
several photographs shall be taken The photographs shall be 5" x 7"
size, color, glossy finish, and must show the flagged position of the route
of the pipeline and adjacent property and improvements Each
photograph shall be marked with identification shownng street location,
date taken and viewing direction Two (2) complete files of all
photographs shall be delivered to the District pnor to beginning of
construction Photographs shall be mounted within a photograph book
Each photograph book shall state, on the cover, which station or location
the photographs were taken All photographs shall be taken by an
acceptable commercial photographer hired by Contractor Care should
be taken to identify any pre-construction damage, surface conditions and
' structural problems in those photographs
This work shall be considered incidental to the project and no additional
claims by the Contractor shall be allowed
1-09.14 BID ITEM MEASUREMENT AND PAYMENT(NEW SECTION)
It is the intent of these Contract Documents that the performance of all
work under the Bid Items will result in the complete construction of the
contract Payment will be made only for items listed in the Bid Form in
the Proposal All other material, labor or equipment required for the water
main work shall be considered as incidental to the construction
Items including, but not limited to, saw cutting, concrete disposal,
landscaping/restoration,TESC, flagging, etc will be paid under the City of
Kent's portion of the project(Schedule A)
Delete all references to Measurement and Payment in the Standard ,
Specifications All measurement and payment for this project will be
governed by Section 1-0914
BID ITEM NO. 3001 j
MOBILIZATION
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The lump sum(L S ) price bid for Mobilization shall be made in accordance with Section
1-09 7 of the Standard Specifications
BID ITEM NO.3002
TRENCH SAFETY SYSTEM
The lump sum (L S ) price bid for Trench Safety Systems shall be full compensation for
costs of all labor, tools, materials and equipment, required to provide, construct,
maintain, and remove the trench safety system for any and all water main related
excavations
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BID ITEM NOS.3003-3006
FURNISH AND INSTALL WATERMAIN PIPE
Measurement for this item will be per linear foot (LF) based on the slope distance from
point to point The point of beginning or ending of measurement in any particular run of
pipe shall be the vertical intersection of the centerline of the intersecting pipe, or with the
beginning or ending of any new pipe laid No deductions will be made for the linear
length of fittings, valves, couplings, etc, contained within the measured length At
changes in pipe size connected by a reducer, the point of measurement shall be taken
as the midpoint of the reducer
The per linear foot (LF) price bid for ANSI/AWWA C151/A21 51-91 Ductile Iron Pipe ,
shall be full compensation for the costs of all labor, tools, material and equipment
required to install the pipe, in accordance with the Plans and Specificabons, including,
but not limited to the following ,
a All trench excavation
b Adaptors as required for joining dissimilar pipes
c Dewatenng, as necessary
' d Remove and dispose of unsuitable and excess material as required where
necessary Select backfdl, if required by the Owner/Engineer, shall be measured
and paid elsewhere
e Additional excavation where necessary for valves and concrete blocking
' f Tunneling under pavements, sidewalks, curb and gutter, water mains, storm
drains, tree roots as well as obstructions or utilities as may be directed by the
Owner/Engineer
' g Placing and maintaining temporary steel plates as required over the trench so
that traffic may pass through
h Laying, joining, bedding, flushing, testing, and disinfection of the water mains,
including safe and sanitary disposal of chlorinated flushing water Bedding
material shall be furnished and installed as indicated on the Plans
' All fittings, and couplings including Meg-a-Lug and Field-Lok Gasket joint
restraints where shown on the Plans, unless bid as separate item
f Waterline installation including laying, cleaning, disinfection, and testing
k Laying and compaction of native backfill or select borrow
tI All concrete blocking (including interior angle blocking)
m Backflll and compaction of tree/brush stump and root holes with native backflll or
select borrow_
' n Sawcutting, removing, and disposing of asphalt or concrete pavement, curb,
gutter, and/or sidewalk
o Provide material and equipment approval data and"as-built"drawings
' p All other labor and material necessary for completion of the pipelines not
included in other bid items
q Protection of existing survey monuments, property comers, and right-of-way
monumentation, and restoration of same that may be disturbed during
construction
fr Draining, capping, and abandoning existing water mains, upon acceptance of
new ductile iron water mains
' s All fees associated with pipe laying including but not limited to City of Kents
Street Use Permit,and other similar fees required for the work
' t Locating and maintaining private utility crossings, including repairing as
necessary said utilities damaged during construction
u Installation, removal and disposal of cold mix as required by the City during
construction
v Take pre-construction photographs of all potentially disturbed construction areas
BID ITEM NO. 3007 '
SERVICE INSTALLATIONS—5/8"TO 2"
The per each (EA) price bid shall be considered full compensation for all labor, '
materials, and equipment for tapping the water main, installing corp stop, installing 20
lineal feet or less of"type K"copper service line (1"diameter for meters up to 1-inch and ,
2" diameter for meters greater than 1-inch) and meter box with traffic bearing lid (1-120),
connecting to a new meter setter and adjusting meter box to grade as necessary. This
includes letting or using pneumatic mole to cross under street without causing damage ,
to existing paving This bid item shall also include all miscellaneous fittings to connect to
customer's existing service line Also included is all required excavation, backfill,
compaction and restoration to accomplish work outlined m these specifications, outlined '
in the details, shown on the drawings and/or directed by ENGINEER
BID ITEM NO. 3008-3011
GATE VALVES I,
The unit prices bid per each (EA) for the various types and sizes of valves shall be full !
compensation for all costs required to provide and install these valves and their ,
respective valve boxes This unit price also includes providing, painting and installing
valve marker posts for each valve
BID ITEM N0.3012
FIRE HYDRANT ASSEMBLY
The per each (EA) price bid for "Fire Hydrant Assembly" shall constitute complete
compensation for the assembly complete in place, including excavation, backfill, the fire
hydrant painted with two coats of paint after installation, auxiliary gate valve, cast iron ,
valve box, valve operating nut extension, shackle rods or MEGALUG glands, Stork
fitting, bolts and gaskets, concrete curbing, a minimum of six (6) cubic feet of washed
gravel and the necessary 15-pound felt roofing paper to cover the gravel dram pocket
prior to backfilling This item shall also include the cost of leveling, grading and ,
compacting an area of at least five (5) feet in radius around the hydrant The auxtliary
gate valve and valve box shall be measured and paid for under the appropriate bid item
for 6-inch gate valves and 6-inch valve box The hydrant tee is incidental, and will be ,
paid for under the appropriate bid item for ductile iron pipe The run of pipe shall be paid
for under the bid item for 6" D I pipe Bid item includes bagging all hydrants which are
not in service, pavement marker and salvaging of existing hydrants in good condition to
District's yard without breakage, if not included in other bid items
BID ITEM NO. 3013
REMOVE AND SALVAGE EXISTING FIRE HYDRANT
The unit price per each (EA) for this item shall be full compensation for excavation,
backfill removal of existing fire hydrant assembly, salvaging to a location designated by
the District, cut and cap the existing main, and other incidental work required for a full
lob Asphalt patch and/or concrete sidewalk replacement shall be paid for under a
separate bid item
BID ITEM NO. 3014
ADDITIONAL WATERMAIN FITTINGS ,
The unit price bid per pound (LB) for "Additional Watermam Fittings" price shall be full
compensation to the Contractor for providing any and all extra fittings used but not
shown or implied on the Plan This price shall also be used to deduct from the
Contractor monies for fittings shown or implied on the Plan but not used
BID ITEM NO.3015
CONNECT TO EXISTING SYSTEM
The unit price bid per each (EA) Connection to Existing System shall be full
compensation for all costs for work required to furnish required fittings, restraint system,
' plug all abandoned pipes and all other incidental work required to make the new
connection and secure the abandoned pipe
BID ITEM NO.3016
RELOCATEIRECONNECT EXISTING SERVICES
The per each (EA) price bid shall be considered full compensation for all labor,
materials, and equipment for freezing the service line, installing additional copper service
line (more than 20 lineal feet) and meter box with a traffic bearing (1-120) lid, connecting
to a new meter setter and adjust new meter box to grade as necessary This bid item
shall also include all miscellaneous fittings to connect to existing service line Also
included is all required excavation, backfill, compaction and restoration to accomplish
work outlined in these specifications, outlined in the details, shown on the drawings
and/or directed by ENGINEER
BID ITEM NO. 3017
CRUSHED SURFACING TOP COURSE
The price bid per ton (TN) for crushed surfacing top course shall constitute complete
' payment for furnishing and placing crushed surfacing top course for pavement base
course, select trench backfill, and on road shoulders to the width and depth as
prescribed and designated by the City of Kent. Also to be included in this item shall be
' the cost of all motor patrol or grader work, or any other equipment required to shape the
roadway shoulder to proper grade before gravel is placed, as well as all equipment
required to spread and compact the crushed gravel uniformly During dry periods,
ENGINEER may require water sprinkling prior to the crushed gravel placement and
' while spreading gravel. The cost of such sprinkling shall be included in the crushed
surfacing top course bid item. The crushed surfacing top course item shall be payment
for either base course or top course material
BID ITEM NO.3018
' TRAFFIC CONTROL LABOR
The lump sum (L S ) price bid for Traffic Control Labor shall be full compensation for
' costs of all labor, tools, materials, and equipment required for flagging, setting, moving
and removing traffic control devices and Class A and Class B construction signs
required for those construction operations for water main installation as authorized by
' the Engineer. Payment under this item shall be limited to the labor required for flagging
and for set up and removal of Class B which are placed and removed daily, and for the
placement and removal of Class A traffic control signs which are not set up and removed
daily for the life of the project
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BID ITEM NO.3019 i
SELECT BACKFILL
The quantity for payment shall be the volume in cubic yards(CY)of select backfill as 1
determined by the product of the length of pipe installed, multiplied by the depth
measured from the top of the initial backfill, one(1)foot above the crown of the pipe, to 1
the subgrade for roadway or pavement, multiplied by the maximum payment width as
shown in the details if native material is ordered by the Engineer, all costs of backfill and
compaction shall be incidental to the water main pipe 1
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DIVISION 2
EARTHWORK
2-02REMOVAL OF STRUCTURES AND OBSTRUCTIONS
2-02.1 Description
Paragraph 2-02 1 shall be supplemented and modified as follows
Where indicated on the Drawings or in the Construction Provisions, or
when directed by OWNER, castings, pipe, hydrants, fence, and any
removed or disturbed facilities shall be carefully salvaged and stockpiled
in OWNER'S yard or in a location directed by OWNER Other such items
with no salvage value to OWNER shall be disposed of at
CONTRACTOR's expense
2-02.3 Construction Requirements
2-02.3(3) Removal of Pavement, Sidewalks, and Curbs, add the
following
Comply with the requirements of City of Kent standards
' Add new Sections 2-02 3(4)and (5)as follows
2-02.3(4) Replacement of Asbestos Cement Water Main at Pipeline
' Crossings (new section)
Coordinate water main shut down with the OWNER pursuant to Section
7-11 3(9)A as modified in these Specifications For water mains outside
' the OWNER's service area, contact the local water purveyor Remove
the existing asbestos cement water main between points three (3) feet
outside of the new pipe tine trench zone of influence, replacing it with like
diameter Class 52 Ductile iron pipe conforming to Section 9-30.1(1) as
modified in these Specifications Couple the DI pipe to the remaining
existing asbestos cement pipe with OWNER (or water purveyor, as
applicable) approved water main couplings provide support blocking
under couplings to prevent settlement Comply with the requirements of
the Standard Detail bound with these Specifications
2-02.3(5) Recommended Standard Asbestos Cement Pipe Work
Practice, Procedures and Training Requirements (new
section)
' All personnel on any asbestos project who directly handles
asbestos/cement water pipe or asbestos-containing waste materials will
be certified per Chapter 296-65 WAG Provide proof of certification to
Owner prior to work on asbestos cement pipe
All work with asbestos/cement water pipe shall be done as follows
' Carbide Blade Cutting (hand-operated only):
' Blade cutters consist of a frame, adjustable to the circumference of the
pipe and a number of outboard, self-tracking rollers which align one or
more carbide-tipped cutting blades The cutter is rotated around the pipe
with the blades cutting a grove into the pipe As the cutter is rotated,the ,
blades are slowly tightened with screws to cut deeper and deeper into the
pipe until the pipe is severed
Snap Cutting:
Snap cutting equipment operates by means of cutting wheels mounted on
a chin wrapped around the A/C pipe Hydraulic or manually-applied
pressure simultaneously squeezes the cutting wheels into the pipe wall
until the pipe is severed ,
Hand Saw Cutting:
Large-toothed, cross-cut hand saws used to manually cut small AIC pipes ,
or to trim larger pipes
Repair Band Installation: '
Repair bands consist of a pliable gasket material held in place by a metal
sleeve tightened over the gasket and are used to repair small A/C pipe '
leaks
WeVHot Tapping:
Wet tapping is done with specific equipment which can tap an A/C pipe
while it is under pressure The equipment is designed to tap various
sizes of pipe and connect either services or pipe Normally the A/C '
debris is contained in the tapping equipment until removed by the
operator
Equipment required- Hand-operated carbide blade cutter or Snap Cutting
or Hand Saw or Repair band and tools necessary for installation or Wet
tapping machine of appropriate size, water source and means of
application sufficient to maintain a continuously-wetted cutting area, ,
protective equipment including
• disposable coveralls '
• respiratory protection (consisting of '/z face respirator equipped
with HEPA filters or respirator which provides equivalent or better
protection)
• rubber boots
• hard hat
1 Excavate around the A/C pipe in a sufficient distance to assure
adequate tool clearance in the area to be cut Care must be taken
to avoid any abrasion to the pipe
2 Don protective equipment and have sufficient water available '
before entering trench to begin cutting operations.
3 Clean and wash with water the surface of the pipe in the area to '
be cut and attach the cutting equipment around the A/C pipe
4 Begin applying water to area being cut and continue until cutting is ,
complete
5 Operate the cutting tool in accordance with the manufacturer's
instruction until cutting is complete or tap pipe, making sure that
water is applied in sufficient quantities to assure that area being
' cut is continuously wetted and no A/C dust is created
6 Detach cutting equipment, move to new cutting location and
' repeat procedure described above Upon completion of the final
cut, thoroughly wash the cutting equipment with clean water to
remove all A/C debris Allow wash water to drain into the bottom
of the trench Remove washed cutting equipment from the trench
7 Install other pipe and fittings as necessary to complete the lob
taking care to avoid any abrasion to the A/C pipe Install the
' repair band and tighten bolts, keeping the entire exposed area of
the pipe wet in the vicinity of the repair band during the operation
8 When all pipe work is completed, any asbestos cement water pipe
greater than one (1) linear foot in size may be buried at the protect
site if it is covered with three feet (T) or more of non-asbestos fill
materials Thoroughly wash tools, boots and hands with clean
water to remove all A/C debris Allow wash water to drain into the
bottom of the trench
All asbestos-containing waste materials, including pipe fragments,
' protective clothing, HEPA filters and asbestos-contaminated
containers and debris shall be sealed in a leak tight, labeled
container while adequately wet, and disposed in accordance with
Puget Sound Air Pollution Control Agency, Asbestos Control
Standard, Regulation III,Article 4
9 Exit ditch in such a manner that no A/C debris will contaminate
' clothing, boots, tools,etc
2-02.6 tither
' Removal of structures and obstructions pursuant to 2-02 and not related to Open Cut
Pavement Crossings or Replacement of Asbestos Cement Water Main at Pipeline
' Crossings will be considered incidental to other Work in this Contract and will not be
measured or paid for as a separate item. The Contractor shall estimate the amount and
cost of this Work and shall include it in one or all of the bid items
' END OF DIVISION 2
DIVISION 3
PRODUCTION FROM QUARRY AND PIT SITES AND STOCKPILING ,
NO ADDITIONS, DELETIONS OR REVISIONS.
' DIVISION 4
BASES
' NO ADDITIONS, DELETIONS OR REVISIONS
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DIVISION 5 i
SURFACE TREATMENTS AND PAVEMENTS
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1 DIVISION 6
STRUCTURES
NO ADDITIONS, DELETIONS OR REVISIONS
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DIVISION 7
DRAINAGE STRUCTURES, STORM SEWERS,
SANITARY SEWERS,WATER MAINS AND CONDUITS
7-01 DRAINS
7-01.3 Constructlon Requirements, insert the following sentence after the first
sentence in the first paragraph
If trench dimensions are not shown or specified,the maximum permissible trench
widths shall not exceed the limits specified in 7-10 3(7)
7-01.3 Construction Requirements, add the following paragraphs
Any trench exceeding four (4) feet in depth shall be provided with adequate i
safety systems meeting the requirements of the Washington State Industrial
Safety and Health Act(WISHA), Chapter 49 17 RCW and all regulations adopted
pursuant thereto. The Contractor alone shall be responsible for worker safety
and the OWNER and the ENGINEER assume no responsibility
7-09 PIPE AND FITTINGS FOR WATER MAINS
7-09.2 Materials, delete the first paragraph and replace with the following
sentence
7-09.2(1) Pipe
7-09.2(1)A Ductile Iron Pipe, Ductile iron pipe shall be in
accordance with Section 9-30 1(1), shall be thickness Class 52,
unless otherwise shown on the drawings or details and shall be
furnished with rubber gasket push-on type joints except when
restrained joints are specifically required All pipe shall be
manufactured in the United States of America
Restrained joint (RJ) ductile iron pipe shall be U S Pipe "field lock
gasket system," or equivalent when shown on the drawings or
directed by the ENGINEER or OWNER
7-09.2(1)B Copper Pipe, Copper tubing used for water mains
shall be straight length of Type K copper
7-09.2(2) Fittings
7-09.2(2)A Ductile Iron Fittings, Ductile iron fittings for ductile
iron pipe shad be in accordance wtth Section 9-30 2 and
may be flanged, mechanical joint or plain end as required
All fittings shall be manufactured in the United States of
America
7-09.2(2)B Transition Reducing and Flexible Couplings,
Fittings for coupling ductile iron pipe to existing pipe shall
be in accordance with Section 9-30 2(7) It shall be the
Contractor's responsibility to determine and order the
proper coupling based upon field determination of the
existing pipe dimensions
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. 7-09.2(2)C Compression Fittings, Compression fittings for
coupling copper tubing shall be Mueller 110 compression
Iconnection or equivalent
7.10 TRENCH EXCAVATION, BEDDING AND BACKFILL FOR WATER MAINS
i7-10.1 Description, add the following
Comply with the requirements of City and State permits when operating vnth►n
their franchise areas
7-10.1(1)B Unsuitable Material, add the following
OWNER and/or ENGINEER may designate any and all material
excavated from the trench as unsuitable
7-10.2 Materials, delete and add the following
Pipe bedding material shall conform to the requirements of Section 9-03 12(3)
unless noted otherwise on the Plans
Foundation gravel shall conform to the requirements of Section 9-0317 for Class
A material only
Crush Surfacing Top Course shall conform to Section 9-03 9(3) unless noted
otherwise on the Plans.
Bank run gravel shall conform to Section 9-03 19 of the General Conditions for
Class B material, except that the maximum size of any stone shall not exceed 2
%z inches
7-10.3 Construction Details
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7-10.3(7) Trench Excavation, delete the first sentence in the first
I paragraph and replace with the following sentences
Trench excavation shall be unclassified The Contractor shall excavate
all materials encountered to the depth shown on the Drawings, as
specified, or as directed by the ENGINEER. No extra oavment will be
allowed for bed rock, boulders, hard van, cemented gravel or any other
material encountered All material shall be disposed of at a site obtained
by the Contractor
Delete the sixth and seventh paragraphs and replace with the following
paragraph
Any trench exceeding four (4) feet in depth shall be provided with
adequate safety systems meeting the requirements of the Washington
State Industrial Safety and Health Act, Chapter 4917 RCW, and all
regulations adopted pursuant thereto The Contractor alone shall be
responsible for worker safety and the OWNER and the ENGINEER
assume no responsibility
Add the following paragraph-
All ledge rock, boulders and stones shall be removed to provide a
minimum of four (4) inches clearance under all portions of the pipe All '
rock larger than three (3) inches in diameter shall be disposed of at a site
obtained by the Contractor, and shall not be used for trench backfill
Section shall be supplemented as follows
Mains shall be installed mth a depth of cover of 60 inches unless
provided otherwise on the Drawings Exceptions may be allowed at local
depressions, such as ditch crossings or crossings of other utilities Depth
of cover at ditch lines shall be a minimum of 30 inches unless provided
otherwise on the Drawings Exceptions will be allowed only with the prior
approval of ENGINEER or OWNER Minimum separation between other
utilities and water mains shall be twelve (12) inches with sand cushion or
concrete blanket as directed by ENGINEER or OWNER Maximum cover
shall be 66" unless provide otherwise on the Drawings or approved by
OWNER
7-10.3(7)B Extra Trench Excavation, delete this section
7-10.3(8) Removal and Replacement of Unsuitable Materials, correct
section reference at the end of the second paragraph to read "Section
9-03 19" and add the following.
The ENGINEER's and/or OWNER's decision is final with regard to
removal and replacement of unsuitable material
7-10.3(9) Bedding the Pipe, add the following sections
7-10.3(9)A Rigid Pipe, rigid pipe installation shall be per Section
9-03 12(3) unless otherwise stated in the Plans.
7-10.3(9)B Flexible Pipe, correct the section reference in the first
sentence of the paragraph to read "Section 9-03,13"
7-10.3(9)C Ductile Iron Water Pipe '
This section applies to bedding for ductile iron water pipe
When native material at the trench bottom is a pure sand and/or
gravel and suitable for pipe bedding, the bottom shall be hand
finished to grade so that the pipe will have uniform support along
the barrel and bell. After the pipe is in place, addibonal hand
selected native material shall be placed and tamped in place
around the pipe up to the horizontal diameter of the pipe, or as
shown on the Plans
When native material at the trench bottom is any other type of
material or stony or otherwise non-uniform, the trench shall be
over-excavated to 4" below the specified grade and a layer of pipe
bedding material as provided in Section 9-0312(3) (unless
otherwise stated in the Plans) shall be placed to the specified
grade After the pipe is in place, additional bedding material shall
be placed and tamped in place around the pipe up to the
horizontal diameter of the pipe, or as shown on the Plans
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7-10.3(10) Backfilling Trenches, delete the second and third
paragraphs and replace with the following paragraphs
Initial Backfill The portion of the backfill from the horizontal diameter of
the pipe to a point one (1) foot above the top of the pipe, shall be made
with finely divided earth free from stones larger than two (2) inches in
diameter The material shall be camed up evenly on both sides of the
pipe simultaneously in approximately sic (6) inch layers and each layer
thoroughly compacted with appropriate tools in such manner as to avoid
injuring or disturbing the completed pipeline
Subsequent Backfill In public nght-of-way and in all areas (paved and
unpaved) where streets, roadway shoulders, driveways, sidewalks, or
parking lots will be constructed or reconstructed over the trench, the top
four (4) feet of the trench shall be mechanically compacted to 95%
density(minimum 90%density below this and above subsequent backfill)
In any trench in which 95% density cannot be achieved with existing
backfill, the top four (4) feet shall be replaced with Bank Run Gravel for
Trench Backfill as specified in Section 9-0319 up to the top two (2) feet
The top two (2)feet which included an 8-inch thick 12-inch cut back area
on each side of the trench (See drawing details)
Any transverse open cut of any Right-of-Way shall be backfilled entirety
with crushed surfacing top course meeting the requirements of Section
9-03 9(3) Backfill shall be placed and compacted mechanically in one(1)
foot lifts with an inspector present After backfill and compaction an
immediate hot mix patch shall be placed and maintained in a manner
acceptable to the ENGINEER
Standards and in Sections 5-04 ASPHALT CONCRETE PAVEMENT and
5-05 CEMENT CONCRETE PAVEMENT
7-10.3(11) Compaction of Backfill, delete this section and refer to
7-10 3(10)as amended above
7-10.3(12) Jacked Crossings (New Section)
1 At the locations shown on the Drawings, pipe line crossings of arterial
streets shall be made by jacking, driving, or auguring a steel casing pipe ,
beneath the surface Alignment and grade of casing furnished shall be
such that no additional fittings are necessary to make the necessary
connections. If the casing does not provide this it shall be abandoned,
filled, and a new casing installed to meet this line and grade requirement
No open excavation shall be made closer than six (6) feet from the edge
of pavement Diameter of casing pipe shall be sufficient to allow
installation of the pipe line Wail thickness shall be sufficient to withstand
installation force and highway loading It shall not be less than 318-inch
After the pipe has been adjusted to grade, moist sand shall be blown in
and tamped into the casing pipe so that all voids will be filled
Conform to the requirements of the WSDOT utility permits for this Work
7-10.3(13) Steel Casing Pipe (New Section)
. Where used elsewhere than for lacked crossings, steel casing pipe shall
be a separate bid item Steel casing pipe shall be new welded steel pipe
conforming to ASTM A 53, Grade B for diameters 26 inches or less and
conforming to API 5L for larger pipe diameters Minimum wall thickness
shall be 3/8-inch All casing joints shall be continuously welded with
single bevel or double bevel, full penetration welds Blow in and tamp
moist sand into the casing pipe after the carrier pipe has been installed
Excavation, bedding and backfill shall be in accordance with the
applicable requirements of Sections 7-17 3(1)A, 7-17 3(1)B, and 7-17 3(3)
as modified in these Specifications
7-10.3(14)Casing Spacer(New Section)
Casing spacers shall be equally spaced within the casing as shown on
the contract drawings Casing spacers shall be sized to center the carrier
pipe within the casing pipe Casing spacers shall be constructed with 14
gauge steel, 90 mil PVC or Neoprene liner and be 12-inches in width
Casing spacer shall be APS Casing Spacer model SI as manufactured by
Advance Products & Systems (www advorod com/caseaac htmll or
approved equal
7-11 PIPE INSTALLATION FOR WATER MAINS
7-11.1 General, add the following
CONTRACTOR may obtain water from the OWNER for use on this project
through a meter which may be rented from the OWNER A DOH approved
backflow prevention device shall be used in accordance with State Cross
Connection Regulations
CONTRACTOR shall provide all trucking, piping, fittings, and connect-ions for the
distribution and measurement of the water used on this project CONTRACTOR
shall assume sole responsibility for maintaining the temporary piping for the
water used on this project
7-11.2 Materials, add the following I
Blowoff assemblies shall conform to the District's Standard Detall(s)
7-11.3(4) Laying of Pipes on Curves,add the following
Deflection of joints to achieve honzontal/vertical alignment shall not
exceed 15 degrees per length of pipe or no more than % max deflection
per manufacturer. Contractor must obtain approval of ENGINEER or
OWNER before honzontaVvertical deflections beyond this are used to
achieve alignment
7-11.3(9) Connections, add the following
7-11 3(9)C General Requirements
Pipe work shall be completed as shown on Drawings, except the
connections, which are subject to the following limitations All equipment
i and material necessary to make the connection shall be delivered to the
site pnor to the start of work Bolts, flanges, gaskets, couplings, and all
accessones shall be checked and verified by ENGINEER or OWNER
pnor to shutdown of the existing water system Once work is started, d
shall proceed rapidly and continually to completion
CONTRACTOR shall notify OWNER and other utilities at least three (3)
regular working days in advance of any construction, and make the
necessary arrangements with OWNER for connection to exist-ing water
main CONTRACTOR shall not operate any gate valve of the water
system before or during construction OWNER may elect to furnish the
materials, equipment, and labor necessary for making the connection and
CONTRACTOR shall pay OWNER all costs for the connection In the
event OWNER does not elect to make the connection, he may authorize
CONTRACTOR to furnish the matenals, equipment, and labor necessary
for making the connection under the supervision of OWNER or
ENGINEER
This work includes places where connections may be made to system
components to be constructed by others CONTRACTOR shall
coordinate and schedule his work and connection to be made following
the testing and acceptance of the system components constructed by
others Connection may need to be made near the end of the work under
this Contract
CONTRACTOR must notify customers of time and length of shut-downs
at least 48 hours pnor to shutdown CONTRACTOR shall be responsible
for any damage caused to customer systems due to shutdown and
recharging the water system
No direct connection of the new system being constructed shall be made
to the existing system until the new system has been pressure tested and
accepted and until water quality (punty) tests have been satisfactonly
completed
All abandoned pipes which result from work under this contract shall be
capped and plugged with concrete
7-11.3(11) Hydrostatic Pressure Test, Add the following sentence to
the twelfth paragraph
The Contractor shall provide all taps, fittings, connections, blowoffs, etc I
required to complete all necessary pressure tests
7-11.3(12) Disinfection of Water Mains
Following a successful test, those water pipes which will not immediately
1 be connected to the existing system shall be relieved of excess pressure
and shall be left full of the chlonnated water Contractor shall be
responsible for disposal of super chlonnated water after testing
i7-11.3(12)A Flushing, delete the last paragraph and replace with
the following paragraph
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The Contractor shall not do any flushing of the pipeline without
supervision of OWNER Prior to flushing, the Contractor shall
submit to the Owner and Engineer a flushing plan that includes
dechlonnation of the super chlorinated waste water Holding of
water until the verification that it is safe to be released to drainage
channel or sewer system will be required If discharging
chlorinated water to a local sewer system is planned, written
permission from the sewer agency shall be obtained Best
management practices shall be utilized when disposing of the
higher chlorinated water. The District shall hold the Contractor
liable for any ESA salmon "takes" that occur as a result of
improperly disposing of the flushing water The Contractor shall
make arrangements with the OWNER for the necessary flushing
of the pipeline Flushing procedure shall be approved and
observed by OWNER
7-11.3(12)H Point of Application, add the following
The Contractor shall provide all taps, fittings, connections, blow
offs, etc required to complete all necessary purity tests
7-11.3(13) Concrete Thrust Blocking, add the following paragraph
Blocking where shown on plans shall consist of poured cement concrete,
against undisturbed sod with sufficient concrete and %- inch anchor rods,
if required, to resist the resultant forces Conform to the Standard Detail
bound with these Specifications and to details shown on the Drawings
Blocking shall provide for removal of any connection to the fittings without
damage to the fitting Where unfavorable ground conditions are
encountered, special blocking will be required as directed by the
ENGINEER or OWNER in the field When digging near fittings of existing
pipelines, temporary wood blocking or other restraining system shall be
installed to prevent blowouts Megalugs or field lock gaskets shall be
required as shown on the Contract Drawings or in select locations as
determined by the OWNER/ENGINEER
7-11.3(14) Blowoff Assemblies, delete section and replace with the
following" '
Blowoff assemblies shall be constructed at the locations shown on the
Drawings and in accordance with the Standard Detail(s)bound with these
Specifications
7-12 VALVES FOR WATER MAINS
7-12.3 Construction Details, add the following paragraph
Provide two (2) inch thick by two (2)feet wide asphalt or four(4)inch thick by two
(2) feet wide concrete pad around valve box covers in unimproved areas,
landscape areas and easements
7-12.3(1) Installation of Valve Marker Post, delete the paragraph and
replace with the following paragraph
1 - -
iValve marker posts shall be furnished and installed as directed and as
shown on the Standard Detail bound with these Specifications Concrete
style marker posts shall be four(4) inch minimum square section, 42-inch
length, and shall be reinforced with one 3/8"x 39" bar of reinforcing steel
Plastic style marker posts shall be 3 inch PVC pipe with 3" PVC cap,
42-inch length, and shall have one (1) %" x 9" bar of reinforcing steel
placed through hole drilled 4 inches from bottom Markers shall be
placed as directed by the OWNER or ENGINEER and set so as to leave
18 inches exposed above grade The exposed portion of the marker
posts shall be painted with two (2) coats of blue enamel, and then the
size of the valve (for example, six (6) inch gate valve) and the distance in
feet to the valve shall be stenciled with white exterior enamel paint on the
face of the post, using a stencil which will produce letters two (2) inches
high
7-14 HYDRANTS
Delete the words "Standard Plans" and replace with the words "District Standard
Detail(s)"in 7-14 3(i), 7-14 3(2), 7-14 2(2)A,and 7-14 3(5)
7-14.2 Materials,delete and add the following
Hydrants shall be Center Stem Compression Style and conform to the latest
revision of AWWA Specification C 502, except as herein modified Minimum of
5-1/4 inch main valve opening, six-inch mechanical joint outlet, two (2) % inch
diameter tie rods or Megalug glands, furnished with six-inch resilient wedge valve
flanged to main tee, and valve box, nser pipe to suit trench depth and finished
grade at each installation Furnished with breakoff flange on barrel and breakoff
coupling for the stem Furnished with two (2) 2-1/2 inch hose connections, one
(1) pumper connection and 1 '/4 " pentagonal operating nuts which turn
counterclockwise to open, a removable Stoltz one-quarter turn adaptor and blind
cap is to be attached to the pumper connection of hydrants indicated below
Nozzles shall be fitted with renewable bronze nipples locked in place All threads
shall be National Standard Thread Hydrants shall be painted as shown on the
Standard Details bound with these specifications CONTRACTOR shall submit
hydrant and fitting specifications for ENGINEER's or OWNER's review and
Iapproval prior to ordering
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PUMPER PORT SCHEDULE
Jurisdiction Pumper Port Sizeffhread tortz Coupling Size
K.0 Fire District No 2 %" NST Inch
K C. Fire District No 26 W NST Inch
K C. Fire District No 39 4'/a"NST -Inch
i of Kent %" NST !A
City of SeaTac FD24 Y2" NST -inch
City of Tukwila %" NST Onch
King County %" NST Inch
APPROVED HYDRANTS
mencan Darling -62-B
Clow Medallion JjZ545
M & H Mueller tunon
7-14.3(1) Setting Hydrants, add the following paragraphs
Maintain three feet clearance between hydrant and obstructions which
would inhibit the operation of the hydrant such as banks, fences,
rockenes, walls, trees or bushes Install 6" high extruded curbing as
shown in the details contained herein and specified in Section 8-04 3(1)A
7-15 SERVICE CONNECTIONS
7-15.1 General, add the following
Comply with the District's Standard Detad(s)
Meter boxes supplied by the Contractor for installation will be approved by the j
OWNER prior to installation
Meters will be supplied by the OWNER but installed by the CONTRACTOR
2"and smaller water services shall be constructed out of copper tubing and brass
tubing as shown in the details The connecting fittings shall be compression
style Ball corps will be used in vaults and interior buildings Standard core
stops will be used for buried installations
7-17 SANITARY SEWERS
Add a new Section 7-17 3(2)J, Special Details
7-17 3(2)J Special Details
1 Required Separation Between Water Lines and Sanitary '
Sewers
The basic separation requirements apply to sewers of
24-inch diameter or less; larger sewers may create special
hazards because of flow volumes and joint types The
' special construction requirements given are for the normal
conditions found with sewage and water systems More
stringent requirements may be necessary in areas of high
ground water, unstable soil conditions, etc
a Horizontal Separation (Parallel)
A minimum horizontal separation of ten (10) feet
between gravity sanitary sewers and any existing
potable water Imes shall be maintained, whenever
possible The distance shall be measured edge to
edge
b Unusual Conditions(Parallel)
When local conditions prevent a horizontal
separation as described in a , a gravity sewer may
be laid closer than 10 feet to a water line provided
i It is laid in a separate trench, or, it is laid in
the same trench with the water line that is
located at one side on a bench of
undisturbed earth, and
1t In either case, the elevation of the crown of
the gravity sewer must be at least 18 inches
below the invert of the water line When this
vertical separation cannot be obtained, the
gravity sewer shall be constructed of
materials and joints that are equivalent to
water main standards of construction and
shall be pressure tested to assure water
tightness pnor to backfilling
c Vertical Separation (Perpendicular)
Sewer Imes crossing water Imes shall be laid below
the water lines to provide a separation of at least 18
inches between the invert of the water pipe and the
crown of the sewer,whenever possible
d Unusual Conditions (Perpendicular)
When local conditions prevent a vertical separation
as described in c. the following construction shall
be used
ji Gravity sewers passing over or
underwater Imes shall be
The one segment of the maximum
standard length of pipe, (but no less
than 18 feet long) shall be used with
the pipes centered to maximize joint
separation
Standard gravity sewer material
encased in concrete or in a %4" thick
continuous steel casing with all voids
pressure-grouted with sand-cement
grout
The length of sewer pipe shall be
centered at the point of crossing so
that the joints will be equi-distant
and as far as possible from the
water line The sewer pipe shah be
the longest standard length available
from the manufacturer
n Water lines passing under gravity
sewers, in addition, shall be
protected by providing
A vertical separation of at least 18
inches between the invert of the
sewer and the crown of the water
line,
Adequate structural support for the
sewers to prevent excessive
deflection of joints and settling on
and breaking of the water lines, and
The length of sewer pipe shall be
centered at the point of crossing so
that the joints will be equi-distant
and as far as possible from the
water line. The sewer pipe shall be
the longest standard length available
from the manufacturer
w Pressure sewers shall only be '
constructed under water Imes with
ductile iron pipe or standard sewer
pipe in a steel casing for a distance
of at least ten (10)feet on each side
of the crossing
END OF DIVISION 7
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DIVISION 8
MISCELLANEOUS CONSTRUCTION
j8-01 EROSION CONTROL
8-01.1 Description
Erosion control work shall be in compliance with details and specifications as shown on
the City of Kent Plans and as spelled out in the City's Contract Documents
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DIVISION 9
MATERIALS
9.30 WATER DISTRIBUTION MATERIALS
9-30.1(1) Ductile Iron Pipe, supplement with the following
Pipe shall be new, seal coated, thickness Class 52, conforming to AWWA/ANSI
C151/A2151-96. Cement mortar Lining shall be 1/16 cement-mortar
conforming to AWWA/ANSI C104/A21 4-95 Joints shall be push-on type with
rubber gasket which fits into an annular groove, except as noted on plans Joonts
at valves or fittings may be mechanical joint or flanged depending on '
Specification and Drawing requirement Restrained joint water pipe, where
shown on the Drawings, shall be in accordance wrath one of the alternate types of
restrained joint water pipe as specified in this document ,
Where shown on the Drawings, restrained joints shall be used Restrained joints
shall be U S. Pipe Field Lock gasket system, Megalug or equivalent, excepted by '
Engineer
9-30.2 Fittings, supplement with the following
Fittings for ductile iron pipe shall conform to Section 9-302(1) of the General
Conditions, and may be flanged, mechanical joint or plain end as required
Fittings shall be furnished with standard cement mortar lining with seal coat
All fittings shall be manufactured in the United States of America Ductile Iron
fittings may conform to the requirements of AWWA C153/A21 53-84 where
shown on the Drawings Mechanical joint restraint shall be incorporated in the
design of the follower gland and shall include a restraining mechanism which,
when actuated, imparts multiple wedging action against the pipe, increasing its
resistance as the pressure increases Glands shall be manufactured of ductile
iron conforming to ASTM A 536-80 Grade 60-42-10 Restraining devices shall
be of ductile iron, heat treated to a minimum hardness of 370 BHN Dimensions '
of the gland shall be such that it can be used with the standardized mechanical
joint bell and tee-head bolts conforming to ANSI/AWWA A2111 and
ANSI/AWWA C153IA21 53 of latest revision Twist-off nuts, sized same as
tee-head bolts, shall be used to insure proper actuating of restraining devises
The mechanical joint restraint device shall have a working pressure of at least
250 psi with a minimum safety factor of 2 1 and shall be EBAA Iron, Inc.,
MEGALUGTM , Uni-Flange Series 1300, Smith-Blair 913 w/anchor bolts or
equivalent The mechanical joint restraint device shall have a working pressure
of at least 250 psi with a minimum safety factor of 21 without the use of auxiliary
blocking or restraints Mechanical joint restraint requiring a follower gland and
wedge action restraint shall be MEGALUGTM 1100 Series, Uni-Flange Series
1300, Smith-Blair 913 w/anchor bolts or equivalent
9-30.2(7) Bolted, Sleeve-Type Couplings for Plain End Pipe, delete
the first sentences and replace with the following sentence
Couplings shall be ductile iron, ROMAC Style 501 or equivalent, or the
equivalent for unequal pipe sizes, as required by field conditions
9-30.3 Valves
9-30.3(1) Gate Valves (3 Inches to 12 Inches), supplement with the
1 following
Gate Valves shall conform to AWWA C509 Valve end connections may
be flanged or mechanical joint, as required Operating nuts for non-nsing
stem gate valves installed are to be extended to within 18 to 24 inches of
the finish grade All gate valves shall be resilient wedge seated type of
valves
9-30.3(2) Gate Valves (14 inches and 16 inches), supplement with the
following
iGate Valves shall conform to AMA C509 Valve end connections may
be flanged or mechanical joint, as required Operating nuts for non-rising
stem gate valves installed are to be extended to within 18 to 24 inches of
the finish grade All gate valves shall be resilient wedge seated type of
valves
I9-30.3(2)A Gate Valves (18 inches to 30 inches), (New Section)
Gate Valves shall conform to AWWA C509 Valve end connections may
be flanged or mechanical joint, as required Operating nuts for non-rising
stem gate valves installed are to be extended to within 18 to 24 inches of
the finish grade All gate valves shall be resilient wedge seated type of
valves Gate valves shall be for horizontal buned installation with bevel
gearing Gate valves shall be U.S Pipe or approved equal.
9-30.3(4) Valve Boxes, add the following paragraph
Cast iron valve box with lid marked "Water", Rich Manufacturing
Company, Series 940, or equivalent A 940 or equal locking cover shall
be installed in high traffic areas or when designated by the ENGINEER or
OWNER Each box shall be adjusted to match the finish grade at the
valve location All valve box covers shall be painted as designated by
OWNER
9-30.3(5) Valve Marker Posts, delete the paragraph and replace mth
the following paragraph-
Refer to Section 7-12.3(01)as modified in these Specifications
The following items shall be painted as shown
Item Paint Color Number of
Coats
jalve Marker Exterior Enamel Paint Blue
osts
tenciled Exterior Enamel Paint White 1
otations
9-30.3(6) Combination Air Release/Air Vacuum Valves, supplement
with the following
Air and Vacuum valve shall be of the type that automatically exhausts
large quantities of air during the filling of the pipeline and allowing air to
re-enter during the draining or when a negative pressure occurs The
inlet and outlet of the valve shall have the same cross sectional area
The float shall be guided by a stainless steel guide shaft and seated
against a synthetic seat The valve shall have NPT inlets and outlets and
they shall be constructed of cast iron with stainless steel trim and ,
buna-NC seating Valve should be manufactured by Val-Mat►c Valve and
Manufacturing Corporation, series 100 or equivalent
9-30.3(8) Tapping Sleeve and Valve Assembly, supplement with the ,
following
9-30.3(8)A Tapping Gate Valves ,
1. Valves shall be of the resilient-seated variety and shall
meet or exceed the requirements of AWWA C509 Valves
shall be coated both internally and externally with a fusion
bonded epoxy coating meeting or exceed AWWA C550
Double metal disc or sold metal wedge valve designs are
not acceptable
2 Bore diameter shall be equal to, or preferably larger than,
nominal valve size, allowing for the use of a %' undersize
shell cutter or larger
3 For applications on mains where working pressures are
anticipated to exceed 175 PSI ductile iron valve rated for
250 PSI or higher working pressure shall be utilized Valve
shall be U S Pipe "Metroseal 250" or equivalent
4 All valves shall be new and of current manufacture, and
shalt display a current casting date.
5 For applications below 175 PSI valves of the following
manufacture, or equivalent, are acceptable providing they
meet the requirements of paragraphs 1. and 2 above ,
Clow, Darling, M & H, Mueller, U S Pipe,Waterous
9-.30(8)13 Tapping Sleeves
1 All tapping sleeves shall be rated by their manufacturer for
a working pressure of at least 200 PSI. Acceptable sleeve
types are as follows
"Mechanical Joint" Style: May be of either ductile or grey
iron construction. Ductile iron is preferred. Acceptable for
both size-on-size and non-size-on-size applications on cast
iron and ductile iron, mains through 12" on 12" All
mechanical joint sleeves shall be new and of current
manufacture, and shall display a current casting date
Clow, Darling, Dresser, Mueller, Tyler, U S Pipe,
Waterous, or equivalent
"Stainless Steel" Style OWNER prefers all stainless
construction in this style Stainless sleeves with ductile
I
iron (but not carbon steel) flanges are also acceptable
Acceptable for all applications on ductile iron, cast iron,
and A/C mains through 12" on 12" Must meet working
pressure requirement of 1 above JCM, Romac, or
approved equal
"Fabricated Steel" Style Must be fusion epoxy coated in
accordance with AWWA C213. Acceptable for all taps on
ductile iron or steel pipe, and for non-size-on-size
applications of any size combination on cast iron pipe
Required where applicable for lines with pressures in
excess of 175 PSI JCM, Romac, or equivalent
9-30.3(9) Check Valves, (New Section)
Check valves shall be in accordance with AWWA C508 They shall be
Globe Style check valves with flanged or mechanical joint ends as
indicated on the drawings The clappers for the valve shall be all bronze
or bronze faced Gate Valve shall be as manufactured by Val-Matic or
approved equal
9-30.5 Hydrants, add the following paragraphs
OWNER's requirements are given below These requirements supplement and,
in case of a conflict, supersede Section 9-30 5
Hydrants shall conform to the latest revision of AWWA Specification C502,
except as herein modified Minimum of 5-1/4 inch main valve opening, 6-inch
mechanical joint outlet, MEGALUGTM glands, furnished with 6-inch auxiliary
gate valve flanged to main tee and valve box, riser to suit trench depth at each
installation Furnished with breakoff flange on barrel and break off coupling for
the stem Furnished with two (2) 2-1/2 inch hose connections, one (1) larger
pumper connection and 1 %" pentagonal operating nuts which turn
counterclockwise to open,all according to the OWNER's standards
Nozzles shall be fitted with renewable bronze nipple locked in place
All fire hydrants shall be America Darling B-62-B, M & H Style 929 Reliant,
Mueller Centurion Model A-423 or Clow Medallion F-2545
Hydrant Coatings Heavy Duty, Brush-Type 1
Primer
Enamel Yellow
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Kent City Council Meeting
Date March 1. 2005
Category Consent Calendar
1. SUBJECT: CASCADE COLUMBIA DISTRIBUTION COMPANY
CONTRACT—AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with
Cascade Columbia Distribution Company for $28,140 00 to provide Sodium Fluoride
upon concurrence of the language therein by the City Attorney and the Public Works
Director.
3. EXHIBITS: Public Works memorandum and goods & services 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. 6E
PUBLIC WORKS DEPARTMENT
Larry R Blanchard, Acting Public Works Director
• Phone 253-856-5600
KENT Fax 253856-6500
W A B X I N G T O N Address 220 Fourth Avenue S
Kent,WA 98032-5895
I DATE: January 31,2005
TO: Public Works Committee
FROM: Larry Blanchard, Acting Public Works Director
THROUGH Bradley Lake, Water Superintendent
SUBJECT: 2005 Water Treatment Chemical Contract with Cascade Columbia
Distribution Company
MOTION Recommend that the council authorize the Mayor to sign the 2005 Water Treatment
Chenucal Supply Agreement between the City of Kent and Cascade Columbia Distribution
Company for Sodium Fluoride
SUMMARY: Sodium Fluoride is used to fluoridate the City's water supply system Currently
we purchase 60,000 lbs annually
BUDGET IMPACT No Unbud eted Fiscal/Personnel Imp
act pact as the funding ($28,140) would
come from the 2005 operating budget
BACKGROUND: Annually the City advertises for water treatment supply chemicals to ensure
a consistent cost for budgetary constraints The use of Sodium Fluoride is required to obtain our
goal of 1 part per million of fluoride residual in the drinking water which is the optimal dose for
the prevention of tooth decay as set by the American Dental Association The use of this
cherrucal meets all State and Federal Regulations for drinking water standards
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P%TRTMNT12005cascadecolumbia doc
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KENT
WwsM...otow
GOODS & SERVICES AGREEMENT
between the City of Kent and
Cascade Columbia Distribution Co.
THIS AGREEMENT is made by and between the City of Kent, a Washington mumcTal corporation
(hereinafter the "City"), and Cascade Columbia Distribution Co. organized under the laws of the State of
Washington, located and doing business at 6900 Fox Avenue South,Seattle, WA 98108/PO Box 9247,Seattle,
WA 98109-0247, Phone: (206) 763-2350/Fax (206) 762-5995, Contact Keith Weisenburg(hereinafter the
"Vendor").
� AGREEMENT
L DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for the
City
The Vendor shall be providing the City of Kent Water Department with water treatment
chemicals according to the bid proposal submitted January 18, 2005, hereby referred to as
Exhibit A. The contract is for bid item 6 through December 31, 2005.
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Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and
services through other sources
U. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods,materials, and services by December 31,2005.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Eight
Thousand, One Hundred Forty Dollars ($28,140.00), including applicable Washington State Sales Tax, for the
goods, materials, and services contemplated in this Agreement The City shall pay the Vendor the following
amounts according to the following schedule:
GOODS&SERVICES AGREEMENT-1
(Over$10,000 00, including WSST)
Delivery will be scheduled upon execution of tlus Agreement. Vendor shall be paid after t
submittal of invoice.
If the City objects to all or any portion of an invoice, it shall notify Vendor 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
A Defective or Unauthorized Work The City reserves its right to withhold payment from Vendor
for any defective or unauthorized goods, materials or services If Vendor is unable, for any
reason, to complete any part of this Agreement, the City may obtain the goods, materials or
services from other sources, and Vendor shall be liable to the City for any additional costs
incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs
and attorney fees, incurred by the City beyond the maximum Agreement price specified above
The City further reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources,from any and all amounts due or to become due the Vendor
B. Final Payment- Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS,EXCEPT THOSE PREVIOUSLY AND PROPERLY
MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR
FINAL PAYMENT IS MADE
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by tlus Agreement and that the Vendor 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.
VI. CHANGES.The City may issue a written change order for any change in the goods,materials or
services to be provided during the performance of this Agreement. If the Vendor determines, for any reason,
that a change order is necessary, Vendor must submit a written change order request to the person listed in the
notice provision section of tlus Agreement, section XIV(D), within fourteen (14) calendar days of the date
Vendor knew or should have known of the facts and events giving rise to the requested change If the City
determmes that t he change increases o r d ecreases the V endor's c osts or time for p erformance,t he C rty will
make an equitable adjustment. The City will attempt, in good faith,to reach agreement with the Vendor on all
equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable
adjustment as it deems appropriate The Vendor shall proceed with the change order work upon receiving either
a written change order from the City or an oral order from the City before actually receiving the written change
order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make
any c laim or submit subsequent change order requests for that portion of the c ontract work I f t he Vendor
disagrees with the equitable adjustment, the Vendor must complete the change order work, however, the
GOODS&SERVICES AGREEMENT-2
(Over$10,000 00, including W&V
Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims,
below.
The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance,or(3) not protesting in the way this section provides A change order that is accepted by Vendor as
provided in this section shall constitute full payment and final settlement of all claims for contract tune and for
direct, indirect and consequential costs,including costs of delays related to any work, either covered or affected
by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written
order,or an oral order from the City,including any direction, instruction, interpretation,or determination by the
City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City
of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or
within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events
giving rise to the claim,whichever occurs first Any claim for damages, additional payment for any reason,or
extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions
of this Agreement
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,items 1
through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING
THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information.
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim,
4. The estimated dollar cost, if any,of the claimed work and how that estimate was
determined;and
5. An analysis of the progress schedule showing the schedule change or disruption if
the Vendor is asserting a schedule change or disruption
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of
the asserted events giving rise to the claim. The City shall have access to any of the Vendor's
records needed for evaluating the protest
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determmes that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work In spite of any claim, the Vendor shall proceed
promptly to provide the goods,materials and services regwred by the City under this Agreement
GOODS&SERVICES AGREEMENT-3
(Over$10,000 00, including WSS19
D. Failure to Protest Constitutes Waiver By not protesting as this section provides,the Vendor also
waives any additional entitlement and accepts from the City any written or oral order(including
directions,instructions,interpretations, and determination)
I E Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this t
section, the Vendor completely waives any claims for protested work and accepts from the City
any written or oral order(including directions,instructions,interpretations,and determination)
VIII. LUMTATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established under the
Umform Commercial Code, Title 62A, Revised Code of Washington Vendor warrants goods are
merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance
with their specifications and Vendor's representations to City. The Vendor shall correct all defects in
workmanship and materials within one(1)year from the date of the City's acceptance of the Contract work In
the event any part of the goods are repaired,only original replacement parts shall be used—rebuilt or used parts
will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for
one (1) year from the date such correction is completed and accepted by the City The Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the
Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may
complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the
correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract,the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or
sub-contractor 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
Vendor 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
XL MEMNIFICATION. Vendor 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, mcluding
all legal costs and attorney fees, arising out of or in connection with the Vendor'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 Vendor's work when completed shall not be grounds to
avoid any of these covenants of indemnification
I IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION P ROVIDED HEREIN C ONSTITUTES THE V ENDOWS WAIVER OF RANIUNII'Y
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER
GOODS&SERVICES AGREEMENT-4
(Over$I0,000 00, imIuding WSS )
The provisions of this section shall survive the expiration or termination of this Agreement.
ML INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
1 insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XII1. WORK PERFORMED AT VENDOR'S RISK. Vendor shalt 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 Vendor's
own risk, and Vendor shall be responsible for any loss of or damage to materials,tools, or other articles used or
held for use m connection with the work.
XIV. 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 pnee 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 tlus 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 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 attomey's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, Rrovid
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
XI of this Agreement
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
1 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.
E Assiiment Any assignment of this Agreement by ether 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
iF 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 Vendor.
' 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 tins Agreement
GOODS&SERVICES AGREEMENT-5
' (Over$10,000 00, including WWI)
However, should any language in any of the Exlubits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws The Vendor agrees to comply with all federal, state, and municipal
laws,r ules,a nd regulations that are n ow a ffective O r i n the future b ecome applicable t o V endor's b usiness,
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.
VENDOR: CITY OF KENT: '
Print Name- Print Name: hm Wlute
Its Its Manor
�tle)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Keith Weisenburg LarryR.Blanchard
Cascade Columbia Distribution Co. City of Kent
PO Box 9247 220 Fourth Avenue South
Seattle, WA 98109-0247 Kent, WA 98032
(206) 763-2350(telephone) (253) 856-5500(telephone)
(206) 762-5995 (facsimile) (253)856-6500(facsimile)
APPROVED AS TO FORM:
Kent Law Department
Cascade Columbia-WaterChemlWWBauer
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GOODS&SERVICES AGREEMENT-6
(Over$10,000 00,including WSST)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
iThe 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 12
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 commitment as an equal opportunity employer.
4 During the tune 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
1 By signing below, I agree to fulfill the five requirements referenced above
Dated this day of 200_.
t By.
For:
Title-
Date.
EEO COMPLIANCE DOCUMENTS-] of 3
CITY OF KENT
ADMINISTRATIVE POLICY
.TL.rAIBER. 12 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 i
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-
1 Provide a wntten 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 wnllfully disregards the Crty'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 regulabons and the City's equal employment opportunity policy
2 Monitoring to assure adherence to federal, state and local laws,policies and guidelines '
EEO COMPLIANCE DOCUN EWS.2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of tins project by the Contractor awarded the
1 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
I declare that I complied fully with all of the requirements and obligations as outimed in the City of Kent
Administrative Policy 12 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:
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EEO COMPLIANCE DOCUNHOM-3 of 3
EXHIBIT A �
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WATER TREATMENT CHEMICAL SUPPLY FOR 2005
r PROPOSAL FORM
The undersigned hereby proposes to provide all equipment, labor,materials and supplies to perform the service
as specified in this contract for the following fees:
Bidder'Name: CA.U06 COU2,4161A L91 02{(3070AJ CO .
i Item Estimated Description Bid Unit Total
Annual Unit Prices
Usage
6 60,600 Sodium Fluoride in 50 Lb.Bags $ d` � $2$/10.OO
LBS FOB Clark Springs LB LQ
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1 Sub Total $ 22, 1 VO. (052
1 8.8% WA State Sales Tax $ 2, Z1-76, 1 -2
Total $ 304 61G . 3.Z
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Note: Sales tax should not be included
for this item.
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1 Sc x-- co�1.Mm 0isrr j noj J 60 ,
Cf� 8�
Company Submitting Proposal
� KElna i�}CcSEt��h�
Authori e
Note: Contractor must submit a f rm proposal for the contract term(s).
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
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 anse 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. Automobile Liability insurance covering all owned,non-owned,hired and
leased vehicles Coverage shall be written on Insurance Services Office(ISO) '
form CA 00 01 or a substitute form providing equivalent liability coverage If
necessary,the policy shall be endorsed to provide contractual Iiabihty
coverage
2. 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 1185. 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 11 85 or a substitute endorsement providing
equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance lirmts.
1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident
2 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.
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EXHIBIT $ (Continued)
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
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 habihty
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A M.Best rating of not less than
ANH.
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.
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Kent City Council Meeting
Date March 1, 2005
Category Consent Calendar
1. SUBJECT: UNIVAR USA, INC. CONTRACT—AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with Univar
USA, Inc. for $89,190.06 to provide 12% Sodium Hypochlorite, Potassium
Permanganate and 25% Sodium Hydroxide upon concurrence of the language therein
by the City Attorney and the Public Works Director.
3. EXHIBITS: Public Works memorandum and goods & services agreement
1 4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
I Expenditure? X Revenue?
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
i6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6F
PUBLIC WORKS DEPARTMENT
Larry R Blanchard, Acting Public Works Director
Phone 253-856-5500
Fax 253-856-6500
K E N T Address 220 Fourth Avenue S
W A B H I N o T O N Kent,WA 98032-5895
' DATE: January 31, 2005
TO: Public Works Committee
FROM: Larry Blanchard,Acting Public Works Dtrector
1 THROUGH Bradley Lake, Water Superintendent
SUBJECT: 2005 Water Treatment Chemical Contract with Univar USA,Inc.
MOTION Recommend the council authorize the Mayor to sign the 2005 Water Treatment
Chemical Supply Agreement between the City of Kent and Umvar USA, Inc for 12 5% Sodium
Hypoclilonte, Potassium Permanganate and 25%Sodium Hydroxide
SUMMARY: The treatment chemicals are required to supply potable drinking water to the
City's water customers Sodium Hypochlorite is used primarily used as a disinfectant at a
variety of the City's well sites Potassium Permanganate is used at the 2121' Treatment Facility
as an oxidant in the removal of iron and manganese Sodium Hydroxide is used in the water
system as a pH adjustment for corrosion control
BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact as the funding ($89,190 06)
would come from the 2005 operating budget
BACKGROUND: Annually the City advertises for water treatment supply chemicals to ensure
1 a consistent cost for budgetary constraints The use of these chemicals is required to obtain
drinking water quality that meets State and Federal Regulations for drinking water standards
1
Mayor Wrote and Kent City Council ]
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KENT-
W�swNOTON
' GOODS & SERVICES AGREEMENT
between the City of Kent and
Univar USA Inc.
1
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"),and Uruvar USA Inc organized under the laws of the State of Washington, located and
doing business at E 4515 Wisconsin, Spokane, WA 99212, Phone: (800) 541-5614/Fax (509) 534-2468,
Contact Cliff Marier(hereinafter the"Vendor").
AGREEMENT
L DESCRIPTION OF WORK
Vendor shall provide the following goods and materials and/or perform the following services for the
City:
' The Vendor shall be providing the City of Kent Water Department with water treatment
chemicals according to the bid proposal submitted January 18, 2005, hereby referred to as
Exhibit A. The contract is for bid items 7, 8, 10, 11, 12, 13, 14, and IS through December 31,
2005.
Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
i materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and
services through other sources.
' EL TIME OF COMPLETION. Upon the effective date of this Agreement,Vendor shall complete
the work and provide all goods, materials,and services by December 31,2005.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Eighty Nine
Thousand, One Hundred Ninety Dollars and six cents ($89,190.06), including applicable Washington State
Sales Tax, for the goods, materials, and services contemplated in this Agreement The City shall pay the
' Vendor the following amounts according to the following schedule:
GOODS&SERVICES AGREEMENT- 1
(Over$10,000 00, mch ding wsn)
Delivery will be scheduled upon execution of this Agreement. Vendor shall be paid after ,
subnuttal of invoice
If the City objects to all or any portion of an invoice, it shall notify Vendor 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
A. Defective or Unauthorized Work The City reserves its right to withhold payment from Vendor
for any defective or unauthorized goods, materials or services. If Vendor is unable, for any
reason, to complete any part of this Agreement, the City may obtain the goods, materials or
services from other sources, and Vendor shall be liable to the City for any additional costs ,
incurred by the City "Additional costs" shall mean all reasonable costs, including legal costs
and attorney fees, incurred by the City beyond the maximum Agreement price specified above
The City further reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources,from any and all amounts due or to become due the Vendor
B Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS,EXCEPT THOSE PREVIOUSLY AND PROPERLY
MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR
FINAL PAYMENT IS MADE. ,
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IV. INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Vendor 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. TERIIIINATION. Either party may terminate this Agreement, with or without cause, upon t
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement.
VI. CHANGES.The City may issue a written change order for any change in the goods,materials or
services to be provided during the performance of this Agreement If the Vendor determines, for any reason,
that a change order is necessary, Vendor must submit a written change order request to the person listed in the
notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date
Vendor knew or should have known of the facts and events giving rise to the requested change. If the City
determines t hat the c hange i ncreases o r d ecreases the V endor's c osts o r t nne for p erformance,the C ity w ill
make an equitable adjustment. The City will attempt, in good faith,to reach agreement with the Vendor on all
equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable ,
adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either
a wntten change order from the City or an oral order from the City before actually receiving the written change
order. If the Vendor fails to require a change order within the tune allowed,the Vendor waives its right to make ,
any claim or submit subsequent change order requests for that portion of the c ontract work I f the Vendor
disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the
GOODS&SERVICES AGREEMENT-2
(Over$10,000 00,urcludmg WWI)
' Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims,
below
' The Vendor accepts all requirements of a change order by (1) endorsing it, (2) writing a separate
acceptance, or(3)not protesting in the way this section provides A change order that is accepted by Vendor as
provided in this section shall constitute full payment and final settlement of all claims for contract time and for
direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected
by the change.
VH. CLAIMS. If the Vendor disagrees with anything required by a change order, another written
order, or an oral order from the City,including any direction,instruction, mterpretation,or determination by the
City, the Vendor may file a chain as provided in this section The Vendor shall give written notice to the City
of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or
within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events
giving rise to the claim,whichever occurs first. Any claim for damages, additional payment for any reason, or
extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions
of this Agreement.
' At a mimmum,a Vendor's written claim shall include the information set forth in subsections A, items I
through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING
THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim Provide a signed written notice of claim that provides the following
information:
1 The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in tins Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate was
determined, and
5. An analysis of the progress schedule showing the schedule change or disruption if
the Vendor is asserting a schedule change or disruption.
B Records The Vendor shall keep complete records of extra costs and time incurred as a result of
the asserted events giving rise to the claim. The City shall have access to any of the Vendor's
records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this Agreement
GOODS&SERVICES AGREEMENT-3
(Over$10,000 00, including nS1)
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,the Vendor also '
waives any additional entitlement and accepts from the City any written or oral order (including
directions,instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any clamis for protested work and accepts from the City
any written or oral order(including directions,instructions,interpretations,and determination)
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM ,
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established under the
Umforin Commercial Code, Title 62A, Revised Code of Washington Vendor warrants goods are ,
merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance
with their specifications and Vendor's representations to City. The Vendor shall correct all defects in
workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work In
the event any part of the goods are repaired,only original replacement parts shall be used—rebuilt or used parts
will not be acceptable When defects are corrected, the warranty for that portion of the work shall extend for
one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the
Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may
complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the
correction-
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor,its sub-contractors, or any person acting on behalf of the Vendor or '
sub-contractor 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. ,
Vendor 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
Comphance Statement.
XI. INDEMNIFICATION. Vendor 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 Vendor's performance of this
Agreement,except for that portion of the mjunes and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to
avoid any of these covenants of mdemnification ,
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED H EREIN C ONSTITUTES THE V ENDOR'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. ,
GOODS&SERVICES AGREEMENT-4
(Over$10.000 00,mcluding WSST)
4
' The provisions of this section shall survive the expiration or termination of tlus Agreement
XIL INSURANCE. The Vendor 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 tlus reference.
XIH. WORK PERFORMED AT VENDOR'S RISK Vendor 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 Vendor's
own risk, and Vendor 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
XIV. MISCELLANEOUS PROVISIONS.
iA. 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
I 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 parties are unable to settle any dispute,
difference or claim ansing 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 attorneys fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, Rrovide
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
' XI 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.
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 Vendor.
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 fonrung a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
GOODS&SERVICES AGREEMENT.5
' (Over$10,000 00, including WSST)
t
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terns of this Agreement shall prevail.
H. Compliance with Laws The Vendor agrees to comply with all federal, state, and municipal ,
laws,rules, and regulations that are now a ffective or in the future b ecome applicable to V endor's b usiness,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations. '
I IN WITNESS,the parties below execute this Agreement,which shall become effective on the last
date entered below.
VENDOR: CITY OF KENT:
By. By
(sigxature) (stgnaswe)
Print Name: Print Name: Jim White
Its Its Mayor ,
(Trte)
DATE- DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: t
VENDOR: CITY OF KENT: ,
Cliff Marier Larry R Blanchard
Univar USA Inc City of Kent
E.4515 Wisconsm 220 Fourth Avenue South
Spokane,WA 99212 Kent,WA 98032
(800)541-5614(telephone) (253)856-5500(telephone) ,
(509) 534-2468 (facsimile) (253) 856-6500(facsimile)
APPROVED AS TO FORM:
Kent Law Department '
Univar-Wour ChemtcalsBauer
1
GOODS &SERVICES AGREEMENT-6
(Over$10,000 00, including WSST) ,
' DECLARATION
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 A 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 admimstrative policy number 12
2 During the time of this Agreement I will not discrunmate 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 prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer
4 During the time of the Agreement I,the prime contractor,will actively consider luring 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 of 3
CITY OF KENT
ADMINISTRATIVE POLICY '
NUTv1BER: 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: ,
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer. ,
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and I
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.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal,state and local laws,policies and guidelines
EEO COMPLIANCE DOCUMENTS-2 of 3 '
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.
1,the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prune 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 full with all of the p y requirements and obligations as outlined in the City of Kent
1 Administrative Policy 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement
1
Dated this day of 200_
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3 of 3
i
EXHIBIT A �
1
WATER TREATMENT CHETMCAL SUPPLY FOR 2005
' PROPOSAL FORM
' The undersigned hereby proposes to provide all equipment,labor, materials and supplies to perform the service
as specified in this conhacrgforr the following fees: INC.Bidder'Name: I`��a SA `�'
Item Estimated Description Bid Unit Total
Annual Unit Prices
Usage
7 12,000 121/2% Sodium Hypoch lorite is $ 49 GL $
GALS 1,000 Gal.Deliveries BULK GAL.
FOB 212th St.Treatment Plant
Sub Total $ a .) I gv
8.8%WA State Sales Tax $
Total
Mote: Sales tax should not be includes
for this item.
' UNWAIZ VISA INC-
Company Submitting Proposal
Autho oisvitur-�
e
Note: Contractor must submit a firm proposal for the contract term(s).
• WATER TREATMENT CHEMICAL SUPPLY FOR 2005
PROPOSAL FORM '
The undersigned hereby proposes to provide all equipment,labor,materials and supplies to perform the service '
as specified in this contract for the following fees.
Bidder'Name: UN WAR R USSA INC.
Item Estimated Description Bid Unit Total '
Annual Unit Prices
Usage
8 1,000 12 I/2%Sodmm Hypochlorite in
GALS 500 to 999 Gal.Deliveries BULK GAL. f 6L.
FOB 212th St.Treatment Plant
Sub Total
8.8%WA State Sales Tax $ I b
Total zos6. az '
Note; Sales tax should not be included
for this item.
UNWAR USA INC. �
Company Submitting Proposal
Autho ' i re
Note: Contractor must submit a firm proposal for the contract term(s).
i
WATER TREATMENT CHEMICAL SUPPLY FOR 2005
PROPOSAL FORM
' The undersigned hereby proposes to provide all equipment,labor,materials and supplies to perform the service
as specified in this contract for the following fees:Bidder'Name: UWAR USA SA INC.
' Item Estimated Description Bid Unit Total
Annual Unit Prices
Usage
10 1,000 Potassium Permanganate in $ g $
LBS 50 to 55 Lb.Drums SS LB. /,b
FOB 212th St.Treatment Plant CI s Pg;e.5)
Sub Total $
' 8.8%WA State Sales Tax $ l y 6' 3!
Total $
s
s
I
r
UMNAR USA INC,
' Company Submitting Proposal
Authoriz Signature
' Note: Contractor must submit a firm proposal for the contract term(s).
r
4515 East Wisconsin '
Spokane.WA 99212
UnIVAR Phone 609-534-0405
Fax 509-534-2465
WWW,UNIVARUSA.COM
January 21,2005 '
Sean Bauer
City of Kent
i Kern, wa.
Due to Univar's mis-calculation of dry tons verses vet ton and also 50%verses 2 5% t
caustic soda,we appreciate the opportunity to re-submit this proposal for the caustic soda
25%.
Please accept the following pricing to add to the original bid.
LINE 11 and 12
Caustic soda 25% 4-5,000 gallon deliveries .... . . .... S 5699 gallon delivered '
LINE 13t 14 & 15 '
Caustic Soda25% Partial............. .........................S.7225 gallon delivered
NOTE: We apologicc for any inconvenience,and look forward to hearing from you in
the near future. ,
Cliff Marier '
Sales Representative
Univar USA Inc.
t
Tn'a 7V:7T Crr17 T7 Lief RQt/7-VN-FM:X24 WAVISi - M ?k1ftTNn
WATER TF.EATMENT CHEMCAL SUPPLY FOR 2005
PROPOSAL FORM
iThe Undersigned hereby proposes to provide all equipment,labor,materials and supplies to perform the service
as specified in this contract for the f�olloowing feels; INC.BlddW Naive: U �1 y USAC
Item Estimated Description Bid unit Total
Annual unit Prices
Usage
11 85,000 25%Sodium Hydroxide in $ $
GALS 4,000 to 5,000 Gal.Deliveries BULKGAL. .-7q Q UL
F013 Pump Station#5
Sub Total $ ",b 6 S,
8.8% WA State Sales Tax
Total $ l01, z67. sz
4�.�
Note: Sales tax should not be include
U AR �1sA iNc. for this item. d
�.s. i�
Company Submitting Proposal �—
r
Authoriz Signature
Note: Contractor must submit a firm proposal for the contract term(s).
WATER TREATMENT CHEAUCAL SUPPLY FOR 2005
PROPOSAL FORM
The undersigned hereby proposes to provide all equipment, labor,materials and supplies to perform the service
as specified in this contract
�forrtthe f�ollTowpingg lees: g��
Bidder' Name: ll l�'1 Y#�3� JA 11�tC. I
Item Estimated Description Bid Unit Total
Annual Unit Prices
Usage
12 10,000 25%Sodium Hydroxide in S
GALS 4,000 to 5,000 Gal.Deliveries BULK GAL.
FOB East Bill Well
Sub Total $ 74 4 a-O° '
8.8%WA State Sales Tax
Total
S ty #54.3s m
5o1,5f
L ' 4 act.5 i
(dote: Sales tax should not be included
for this item.
UNWAR USA INC, �
Company Submitting Proposal
Authoriz ignau"
Note: Contractor most submit a Juim proposal for the contrad term(s).
WATER TREATMENT CF[ENUCAL SUPPLY FOR 2005
PROPOSAL FORM
The:undersigned herebyproposes to provide ail equipment, labor,materials and supplies to perform the service
as specified in this contract for the
�follloowiinA 6.�
g fees- Y
Bidder' Name. � � �+ � 9�.t R SA INC.
Item Estimated Description Bid Unit Total
Annual Unit Prices
Usage
i13 8,000 25%Sodium Hydroxide in $ , V31 61-$
GALS 1,000 to 4,000 Gal.Deliveries BULK GAL.
FOB East Hill Well
i Sub Total $ 67 Y�"
8.8%WA State Sales Tax $ S93. sY
Total $ 7. 3 3 S
,sue .
j[j INC. Note: Sates tax should not be included
UN
LV 1 AR USA I C For this item.
Company Submitting Proposal
Autltonz 3 Stgnature
.Note; Contractor must submit a firm proposal for the contract term(s�
WATER TREATMENT CHEMICAL SUPPLY FOR 2005
PROPOSAL FORM
The undersigned hereby proposes to provide all equipment,labor,materials and supplies to perform the service
as specified in this contrau for the following fees:Bidder' Name: U YA. USA INC.
C.
Item Estimated Description Bid Unit Total
Annual Unit Prices
usage
14 2,000 25%Sodium Hydroxide $ ?�qo Gt S i
GALS 4,000 Gal.Deliveries BULK GAL.
F013 212th Treatment Plant
i
Sub TotalS-
83
8.8%WA State Sales Tax —
Total $ ! 4. '3
r9-VLaRo. : E
UNIV USA C• Note: files tax should not be included
for this item. i
Company Submitting Proposal
Authoriz Signature
Note: Con&a&ormustsubmit a firm proposal fortl:e contract term(s).
WATER TREATMENT CRENUCAL SUPPLY FOR 2005
PROPOSAL FORM
The undersigned hereby proposes to provide all equipment, labor,materials and supplies to perform the service
as specified in this contract for the followingfees: IN
Bidder'Name: LT UAR t��. .il�(C.
Item Estimated Description Bid Unit Total
Annual Unit Prices
Usage
is 2,000 25%Sodium Hydroxide $ $
GALS. 1,000 to 4,000 Gal.Deliveries BULK GAL. , Sg3i 61--
FOB 212th Treatment Plant
Sub Total $ / b 96,w
8.8%WA State Sales Tax $
Total $
i
.Co
Note: Sales tax should not be included
VAR g S A INC. for this item.
Company Submitting Proposal
Authon2ed SipaWe
1Vote: Contractor must submit a firm proposal for the contract term(s).
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance ]�
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injures to persons or damage to property which may anse from or in
connection vnth 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. Automobile Liability insurance covering all owned,non-owned,lured and
leased vehicles. Coverage shall be written on Insurance Services Office(ISO)
form CA 00 01 or a substitute form providing equuvalent liability coverage. If
necessary,the policy shall be endorsed to provide contractual liability
coverage
2 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 1185 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 11 85 or a substitute endorsement providing
equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Dabihty insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident
2. Commercial General Liabihty 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
1
I
EXHIBIT B (Continued)
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
contnbute 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
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 Comimercial 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 habihty.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M.Best rating of not less than
A VIL
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements,including but not neoessanly 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.
i
Kent City Council Meeting
Date March 1, 2005
Category Consent Calendar
i 1. SUBJECT: SUPERVISORY, CONTROL AND DATA ACQUISITION (SCADA)
TECHNICIAN POSITION—AUTHORIZE
i2. SUMMARY STATEMENT: Authorization to hire a temporary full time employee
with benefits, a technician in the SCADA field for approximately three years. The
Acting Public Works Director recommends authorizing the hiring of a temporary
SCADA technician.
3. EXHIBITS: Public Works Water Superintendent memorandum and breakdown
costs speadsheet
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:
iCouncilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
iItem No. 6G
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Acting Public Works Director
Phone 253-856-5500
Fax. 253-856-6500
KE N T Address. 220 Fourth Avenue S.
W A S H I N G T O N
Kent,WA.98032-5895
DATE: February 2, 2005
TO: Public Works Committee
FROM: Brad Lake,Water Superintendent
THROUGH Larry Blanchard,Acting Public Works Director
SUBJECT: Supervisory, Control and Data Acquisition(SCADA) upgrade project for
City utilities (water, storm, sewer facilities)-hiring a temporary full time person to complete
the project.
MOTION. It is proposed that the City Council authorize filling a temporary full time (with
benefits) position to complete the SCADA upgrade project as described.
iSUMMARY: Hinng a temporary full time position,with benefits,is requested for an existing
utility SCADA/telemetry project This Supervisory, Control and Data Acquisition(SCADA)
system is a system for communicating with remote facility sites from a central location in order
to send and receive data and alarm status, and also to control essential functions via a master
computer at the central location. This system is essential to operate the water, storm and sewer
' systems, and critical in maintaining the lifeline functions that these city services provide to our
customers.
The Kent Water/Storm/Sewer Sections have received approval and funding of$747,000 to
upgrade the 25 year old SCADA system for all of the remote facilities in each Section. The
ongmal project scope and costs were identified by completing an evaluation with a consultant in
2000. Since that time, and with the completion of upgrades at several facilities giving us firmer
cost projections, city staff has determined that costs for completing the project will be
significantly higher than anticipated,or approximately$1 5 million,which will exceed the
authorized budget.
1 It is therefore proposed that authorization be granted to hire a temporary full time employee with
benefits, a technician qualified in the SCADA field, for approximately 3 years, and complete the
project using city staff By using this temporary person and existing in-house staff the
approximate cost of the project will be $526,761. Estimated cost savings from original budget
will be $220,239.00.
A second benefit of using in-house staff is the opportunity for in-depth training and skills
improvement with SCADA systems for in-house staff,which will prove invaluable for the next
Mayor White and Kent City Council I
I
20 years. With approximately 25 facilities to upgrade, it is expected that each site will require 1
to 3 months to fully upgrade and reprogram to become fully operational.
Attached is a spreadsheet showing the breakdown of costs,with the in-house installation costs on ,
the center right side based on the pay scale of a TM 31 position(Controls Technician)plus 25%
for benefit costs. Total estimated cost using city staff is $526,761. Revised cost estimate using
contracted Systems Integrator Designer would be $1,517,673.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact. Costs will be charged to
the project budget which has been approved previously.
BACKGROUND See attached spreadsheet j
i
i
i
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Mayor White and Kent City Council 2
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Kent City Council Meeting
Date March 1, 2005
Category Consent Calendar
I 1. SUBJECT: S. 228TH STREET CORRIDOR GRADE AND FILL PROJECT—
ACCEPT AS COMPLETE
2. SUMMARY STATEMENT: As recommended by the Public Works Director,
accept the South 2281h Street Corridor— Grade and Fill project as complete and release
the retainage to Scarsella Brothers, Inc. upon standard releases from the state and
release of any liens. The original contract amount was $3,058,247.40. The final
contract amount was $2,404,569.70.
3. EXHIBITS: Map
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
1 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:
1 Council Agenda
Item No. 6H
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Kent City Council Meeting
1 Date March 1, 2005
Category Consent Calendar
1. SUBJECT: MCMILLIN STREET VACATION, RESOLUTION SETTING
PUBLIC HEARING DATE—ADOPT
' 2. SUMMARY STATEMENT: Adoption of Resolution No. setting a public
hearing date of April 5, 2005 for the street vacation located along a portion of McMillin
Street between State and Kennebeck Avenue and the alley directly north.
3. EXHIBITS: Public Works Director's memorandum, and resolution
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:
i Unbudgeted Expense: Fund Amount$
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
lItem No. 6I
PUBLIC WORKS DEPARTMENT
Larry R Blanchard, Acting Public Works Director
Phone 253-856-5500
I Fax 253-856-6500
WAE N ON WASHINGTON Address 220 Fourth Avenue S.
Kent,WA 98032-5895
tDATE: February 7,2005
TO: Mayor White and Kent City Council
FROM: Larry R Blanchard, Acting Public Works Director
THROUGH:
SUBJECT: McMillin Street between State and Kennebeck Ave. and the Alley Directly
North—Street Vacation
MOTION: Recommend Council adoption of a resolution setting a public hearing date of April
5, 2005 for the Street Vacation located along a portion of McMillin Street between State and
Kennebeck Avenue and the Alley directly north.
SUMMARY: We have received a valid petition to vacate a portion of McMillin Street between
State and Kennebeck Avenue and the alley directly north In accordance with state law, a public
heanng must be held The Public Works Department recommends adoption of a resolution
setting the public hearing date
j
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: By law upon receipt of a valid street vacation petition the City, via
adopting a resolution is required to hold a public hearing thereon within 60 days of passage of
said resolution.
Mayor Winte and Kent City Council I McMillin Street —Street Vacation
I
i
RESOLUTION NO.
A RESOLUTION of the City Council of the City
of Kent, Washington, regarding the vacation of the portion
of the alley lying within Block 20, Washington Central
Improvement Company's First Addition, and McMillin
Street lying between Block 19 and Block 20 in the City of
Kent, and setting the public hearing on the proposed street
vacation for April 5,2005.
RECITALS
A. A petition, attached as Exhibit A, has been filed by the Kent School
District to vacate the portion of the alley lying within Block 20, Washington Central
Improvement Company's First Addition, and McMillin Street lying between Block 19
Iand Block 20, located in the City of Kent,Waslungton.
B. The petition is signed by the owners of at least two-thirds of the real
property abutting that portion of the alley lying within Block 20, Washington Central
Improvement Company's First Addition, and McMillin Street lying between Block 19
and Block 20 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:
1 McMillin Street and Alley Vacation-
s
E
RESOLUTION j
SECTION L —Public Hearing. A public hearing on the street vacation petition
requesting the vacation of a portion of the alley lying within Block 20, Washington
Central Improvement Company's First Addition, and McMillin Street lying between
Block 19 and Block 20 shall be held at a regular meeting of the Kent City Council at
7:00 p.m., Tuesday, April 5, 2005, in the Council Chambers of City Hall located at 220
4th Avenue South,Kent, Washington, 98032.
SECTION 2. —Notice. The City Clerk shall give proper notice of the hearing
and cause the notice to be posted as provided by state law, Chapter 35.79 RCW.
SECTION 3. — Information. 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 April 5,2005.
SECTION 4. — Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this resolution is declared unconstitutional or mvalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION S. —Ratification. Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed.
SECTION 6. —Effective Date. This resolution shall take effect and be in force i
immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City of
Kent,Washington,this day of ,2005. '
2 McMillin Street and Alley Vacation-
CONCURRED in by the Mayor of the City of Kent this day of
I ,2005.
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 April,2005.
BRENDA JACOBER,CITY CLERK
PWwWRESOLUTIOWTVAC McMiihn-Allry-PubhcHw g040505Ax
I
1
3 McMillin Street and Alley Vacation-
r
KENT
W..�,.o.a. HIVA#:
Mayor Am White
APPLICANT:
MAIL TO: NAME.Kent School District 4415
CITY OF KENT ADDRESS. 12033 SE 254ff ST BLDG B
Property Management
220 S 4u Avenue —Kent,Wa 98030
Kent,WA 98032
ATTN Jerry McCaughan PHONE:253-373-7277
STREET AND/OR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and Kent City Council
We,the undersigned abutting property owners,hereby respectfully request that certain JN Alley
Street hereby be vacated described as follows(include square feet)
The Alley lying within Block 20,Washington Central Improvement Company's Fust Addition to
the Town of Kent and also McMillin Street lying between Block 19 and Block 20 in said plat,
EXCEPT the South 33 33 feet of the West t33 00 feet of said McMillin Street
BRIEF STATEMENT WHY VACATION IS BEING SOUGHT
A "CURRENT" ownership and encumbrance report must be obtained from a Title
Company and submitted with this application that covers all the abuttmg properties
contiguous to alley or street sough lobe vacated When Corporations,partneishrps,etc
are being signed for, and then proof of individual's authority to sign for same shall also
be submitted
Attach a color-coded map of a scale of not less than I"=200'of the area sought for vacation
(NOTE) Map must correspond with legal description
AUBUI'TING PROPERTY OWNERS TAX LOT#
SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC.TOWN R,G
KENT SCHOOL DISTRICT OWNS 917960-2110, 917960-1945
ALL bUBUT1DLQ PARCELS 917960-2120, 917960-1965
917960-2095, 917960-1955-
>t « 917960-2090. 917960-2130, 538560-0005
11w c or &Construction
r
$150 00 Fee Paid Treasurer's Receipt No
Appraisal Fee Paid Treasurer's Receipt No
Land Value Paid Treasurer's Receipt No
Deed Accepted Date
Trade Accepted Dace
EXHIBIT "A"
Page 1 of 2
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Page 2 of 2
Kent City Council Meeting
Date March 1, 2005
Category Consent Calendar
1. SUBJECT: HEARTLAND LLC REAL ESTATE ADVISORY SERVICES
CONTRACT FOR 2005 —AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with
Heartland LLC not to exceed $75,000 for real estate advisory services.
iThe City has negotiated a 2005 contract with Heartland LLC for real estate advisory
services. Heartland, led by Managing Director Jim Reinhardsen, was a key player in
the Kent Station purchase and sale agreement, development agreement and the CC&Rs
negotiations and with the negotiations for the sale of the Impoundment Reservoir
Property.
The City wishes to build on Heartland's expertise and experience with the Kent real
estate market and downtown Kent and use Heartland to assist the City in 2005 with
positioning the Kent Municipal Lot Block for redevelopment, for additional advisory
services related to the sale of the balance of the Kent Station property, and for other real
estate matters.
The contract will be funded through part of the $100,000 Municipal Lot Block project
funded allocated in the 2005 budget, and through the Kent Station Project budget.
3. EXHIBITS: Contract
4. RECOMMENDED BY: Operations Committee
1 (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 S
j6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. W
f
KENT
W
I CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Heartland, LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Heartland, LLC organized under the laws of the State of Washington, located and
doing business at 524 Second Avenue, Suite 200, Seattle,WA (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 will act as the City's real estate advisor for selected projects or transactions (see
below),providing advice on and services such as:
• Strategic planning and opportunities in the market
' Market and financial analysis and impacts of property acquisition, development, leasing
or disposition
• Private communications and negotiations with landowners and prospective purchasers of
City property
• strategy as to timing, development opportunities, valuations and adherence to City goals
• drafting and review of key real estate documents and communication
All of the above may include presentations to City policy-makers and regular strategy sessions
with City staff.
' Specific Projects
Kent Station—Kent Station is a $100 million development slated for downtown Kent including
retail, entertainment, education and housing uses The Consultant will assist the City with future
phases of the project, including valuation of the property for the Remainder Purchase Parcels
' Municipal Lot Block—The City is currently considering redevelopment scenarios for the
Municipal Lot Block,which is bound by Smith and Hamson Streets and 2nd and 4th Avenues in
downtown Kent. The City owns a majority of the property on this block. The consultant will
coordinate with the two private property owners on the block to look at redevelopment scenarios
and with the landscape architect hired to design a potential City park/plaza for the block
' CONSULTANT SERVICES AGREEMENT- 1
(Between Heartland LLC and City of Kent) (February 15,2005)
t
Other Real Estate/Economic Development Issues. The Consultant will assist the City with other
economic development and real estate projects as identified by the City.
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 between January 1, 2005 and December
31, 2005
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy
Five Thousand Dollars ($75,000) 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 shall 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
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 termination, 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 restriction. 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.
CONSULTANT SERVICES AGREEMENT-2
(Between Heartland LLC and City of Kent) (February 15,2005)
I 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 Adininistrative
' 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, ansing 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.
1 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.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
1 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 city'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.
CONSULTANT SERVICES AGREEMENT-3
(Between Heartland LLC and City of Kent) (February 15,2005)
i
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.
XII. 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.
XIIL 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 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 1 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 mdemmfication 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. ,
E. Assigran . 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.
CONSULTANT SERVICES AGREEMENT-4
(Between Heartland LLC and City of Kent) (February 15,2005)
1
' 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.
1 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 mumcipal
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
Iof 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
(Title) (Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
' CONSULTANT: CITY OF KENT:
I James S Reinhardsen Nathan Torgelson
Managing Director Economic Development Manager
Heartland,LLC City of Kent
524 Second Avenue, Suite 200 220 Fourth Avenue South
Seattle, WA 98015 Kent, WA 98032
(206) 682-2500#33 (telephone) (253) 856-5703 (telephone)
206 467-1429 facsimile 253 856-6700 facsimile
APPROVED AS TO FORM:
Kent Law Department
' P•\Crvd\FILES\OpenFiles\021620051Heartland2005Convect doc
CONSULTANT SERVICES AGREEMENT-5
(Between Heartland LLC and City of Kent) (February 15,1005)
i
1
DECLARATION
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 prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the 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- I
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:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
1 Departments to assume the following duties for their respective departments
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines.
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 1200 ._
By:
For:
Title: ,
Date: ,
EEO COMPLIANCE DOCUMENTS-3 ,
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EXHIBIT A
Heartland Consulting Fees
IHourly Billing Rates:
r James Reinhardsen $260
David Blanchard $195
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EXHIBIT B
INSURANCE REQUIREMENTS FOR i
CONSULTANT SERVICES AGREEMENTS
Insurance i
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 i
Contractor shall obtain insurance of the types described below: i
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 11 85 or a
substitute endorsement providing equivalent coverage.
B. Minimum Amounts of Insurance ,
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no i
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 i
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 marl,return receipt requested,has been given to the City.
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 statmg 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
1 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.
Kent City Council Meeting
Date March 1, 2005
' Category Consent Calendar
' 1. SUBJECT: HOME INVESTMENT PARTNERSHIPS PROGRAM
INTERLOCAL COOPERATIVE AGREEMENT AMENDMENT—
AUTHORIZE
2. SUMMARY STATEMENT: Authorization for the Mayor to sign the HOME
Interlocal Cooperative Agreement Amendment.
The King County Council adopted this amendment on March 15, 2004, to expand
from five to seven, the representation by the participating cities on the Joint
Recommendations Committee (JRC) and to decrease the King County representation
from four to three. The JRC is the inter jurisdictional policy body that guides the
' investment of the City's federal housing and community development funds, as well as
those of the new Regional Affordable Housing Program.
' Representation on the JRC is increased in particular for the cities of Bellevue, Auburn
and Kent, which participate only in the HOME program. A rotation schedule ensures
that each of the cities has two years on the RJC and one year off.
3. EXHIBITS: HOME Interlocal agreement amendment
4. RECOMMENDED BY: Parks and Human Services 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. 6K
AMENDMENT NO.1
HOME INVESTMENT PARTNERSHIPS PROGRAM
' INTERLOCAL COOPERATION AGREEMENT
THIS AMENDMENT to the HOME Investment Partnerships Program Interlocal Cooperation
Agreement dated August 18, 1999 is entered into by and between King County and the City of
said parties to the Agreement each being a unit of general local
government in the State of Washington.
' WrrNESSETH:
WHEREAS,King County and the City entered into a HOME Investment Partnerships Program
(HOME)interlocal cooperation agreement (the"Agreement")in 1999 for the purpose of
forming a HOME consortium and undertaking HOME Program housing activities; and
WHEREAS,there is mutual recognition of the need to amend this Agreement to increase
participating cities' representation on the inter-junsdictional Joint Recommendations
' Committee.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Paragraph 10 is deleted and replaced with the following new Paragraph 10:
Joint Recommendations Committee Composition. The Committee shall be composed of three
(3) County representatives and seven (7) cities representatives. The three County
representatives will be King County Executive staff with broad policy responsibilities, and/or
Department Directors, and/or elected representatives of Unincorporated Area Councils. County
representatives shall be specified in writing and should, where possible, be the same person
consistently from meeting to meeting.
' The seven cities representatives will be elected officials, chief administrative officers, or persons
who report directly to the chief administrative officer and who have broad policy
responsibilities, e.g., planning directors, department directors, etc. Three of the seven cities
' representatives will be from the CDBG "Pass-through" cities and the CDBG "Small" cities, at
least one from each group (the tlurd may be from either). Two of the seven cities
representatives shall be rotated among the CDBG "Joint Agreement" cities of Federal Way,
Shoreline and Renton. Two of the seven cities representatives shall be rotated among the
"HOME-only" Cities of Auburn, Bellevue and Kent, and these two representatives will vote
only on issues related to the King County HOME Consortium and other regional housing-related
funds (excluding CDBG). For all the rotating positions, each city will serve two years on and
one year off, except that during the first year(2004) one city in each group will serve a one-year
term. Cities not serving in a position in a certain year may serve as an alternate. The rotation
' cycles of the two groups will be coordinated to achieve broad sub-regional representation. (The
chart below sets forth the rotation schedule for the four rotating city representatives.) If any
city,in accordance with HUD instructions, notifies the County of its intent to change its status at
the end of the three-year qualification period, and as a result the number of CDBG "Joint
Agreement" or "HOME-only" cities changes, County staff shall initiate a timely process to
revisit the cities representation on the JRC.
Joint Agreement 2004 2005 2006 2007 2008
Federal Way X X X X ,
Shoreline X X X
Renton X X X
HOME-only 2004 2005 2006 2007 2008
Kent X X X X
Auburn X X X
Bellevue X X X
Paragraph 11 is deleted and replaced with the following new Paragraph 11:
Appointments. The King County Executive shall appoint the County representatives.The CDBG"Pass- '
through" cities and the CDBG "Small' cities will provide for the appointment of their shared
representatives in a manner to be determined by those cities through the Suburban Cities Association or
other agreed mechanism for the execution of shared appointing authority. The Suburban Cities
Association or other agreed mechanism will work in coordination with the "Joint Agreement' and
"HOME-only" cities to achieve broad sub-regional representation. The representatives of the revolving
CDBG "Joint Agreement' cities and the representatives of the revolving "HOME-only' cities shall be
appointed by their respective jurisdictions. Members of the Committee shall serve at the pleasure of then
respective appointing authorities.
IN WITNESS THEREOF, the parties have executed this Amendment.
King County, Washington, apolitical City of
Subdivision of the State of Washington a municipal corporation of the State of ,
Washington
By: By:
signature signature
printed name printed name '
Title: Title: '
Date: Date:
APPROVED AS TO FORM:
Norm Maleng Margaret Pahl
King County Prosecuting Attorney King County Prosecuting Attorney
Kent City Council Meeting
Date March 1, 2005
Category Consent Calendar
' 1. SUBJECT: KING COUNTY FUNDS FOR KENT POOL—ACCEPT AND
AMEND BUDGET
2. SUMMARY STATEMENT: Accept $25,000 from King County for the Kent Pool
and authorize the expenditure of funds in the Aquatic budget.
In the 2003 agreement with King County to transfer the Kent Pool, the County agreed
to pay the City $50,000 over two years to fund capital repairs at the pool. This payment
of$25,000 is the second and final installment of these funds.
3. EXHIBITS: Revenue report
4. RECOMMENDED BY: Parks and Human Services 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. 6L
a
Financial
Report 2004 Revenue
G/L
' Date Explanation Amount Credit/Rev
' Revenue:
1/13/2004 King Co. per agreement (25,000.00) (25,000.00)
' 12/27/2004 King Co.per agreement (25,000.00) (25,000.00)
' Column Total (50,000.00) (50,000.00)
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Kent City Council Meeting
Date March 1, 2005
�. Category Consent Calendar
' 1. SUBJECT: NATIONAL FISH AND WILDLIFE FOUNDATION GRANT—
ACCEPT AND AMEND BUDGET
2. SUMMARY STATEMENT: Accept the $75,000 King County Water Works Grant,
authorize the expenditure of funds in the Clark Lake Outfall budget and authorize the
Mayor to sign the agreement from the National Fish and Wildlife Foundation.
The City has been awarded a National Fish and Wildlife Foundation and King County
Water Works grant for Phase II and III restoration at the Clark Lake outfall (Wandering
Creek).
The outfall stream project will benefit Coho salmon, Chinook salmon and Bull trout
through re-establishment of a 250 foot stream channel, in-stream improvements and
stream corridor riparian restoration.
' 3. EXHIBITS: National Fish and Wildlife Foundation agreement
4. RECOMMENDED BY: Parks and Human Services Committee
t (Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund P20025.64110.530 Amount $75,000.00
Unbudgeted Revenue: Fund P20025.56718 Amount $75,000.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
' Council Agenda
Item No. 6M
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28 SECOND STREET
6TH FLOOR
SAN FRANCISCO, CA 94105
(415) 778-09W (415)778-0998
www nfwEorg
January 31,2005
tPerry Brooks
Park&Open Space Planner
City of Kent,WA
220 4th Ave. South
Kent, WA 98032
Re: Clark Lake Outflow Restoration II and III,#2004-0228-001
Dear Mr.Brooks:
The Board of Directors of the National Fish and Wildlife Foundation(NFWF)and King County
Water Works approved an award of$42,950 in federal funds and$32,050 in non-federal funds to
the City of Kent to support the Clark Lake Outflow Restoration II and IIIproject as part of the
King County Community Salmon Fund Program. This award was made on the condition that
these funds be matched by$42,175 in additional non-federal funds raised by the City of Kent
specifically for this project. Please be sure to review the enclosed Matching Funds Eligibility
and Documentation guidance and note the requirements of the Certification of Matching Funds
that you will be required to submit upon completion of the Project,to ensure that the
contributions you receive are eligible as matching funds.
jEnclosed please find two copies of the Grant Agreement,as well as one copy of the additional
enclosures listed below. Because this Award involves federal funds,the Agreement and
enclosures must be reviewed by your Chief Financial Officer or Treasurer. If the terms and
conditions of the Agreement are acceptable,please sign and return both copies of the Agreement
to the Foundation; you should retain the additional enclosures for your files. The Foundation
will then countersign both copies of the Agreement and return one copy to you for your files.
Signing this Agreement indicates an understanding of,and intent to comply with,all of its terms
and conditions and those of the additional enclosures. Failure to return two signed copies of the
Agreement within 60 days may result in funds being released to other conservation projects.
The Grant Agreement contains certain terms that are defined in the 2002 Glossary which may be
located-on-the-Foundation's-website a < .or oss .htm>. Please be sure to print a
copy and refer to it while reading the Grant Agreement. If you do not have access to a teme —
please contact Jane Van Gunst,who will mail you a copy.
On behalf of the Board of Directors and the staff of the National Fish and Wildlife Foundation
and King County Water Works, I wish you success with your project. Please contact Jane Van
Gunst with any questions or concerns.
Sincerely,
ICrystyna Wolmakowski
Director,Pacific Northwest Region
Enclosures: Grant Agreement(two copies)
Standard Provisions
Matching Funds Eligibility and Documentation Guidance
Certification of Matching Funds Form
Project Phase Reporting Forms
Final Financial Form
Project Evaluation Form
Annual Financial and Programmatic Reporting Forms
Advance Payment Form
Arrears Payment Form
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NATIONAL FISH AND WILDLIFE FOUNDATION
GRANT AGREEMENT
(ADVANCE PAYMENT)
PROJECT: Clark Lake Outflow Restoration II and ID,#2004-0228-001
Please reference project title and number on all correspondence
INFWF RECIPIENT: City of Kent
PROJECT PERIOD: September 1,2004 to August 31,2005
AWARD: $42,950 in federal funds and$32,050 in non-federal funds is provided in
consideration for the NFWF Recipient's agreement to perform the Project in accordance with
Section 1 below, and the NFWF Recipient's agreement that it Will raise and spend at least
$42,175 in Matching Contributions on the Project.
FUNDING SOURCE: Federal funds: U.S.Fish and Wildlife Service
Non-federal funds: King County WaterWorks
CFDA Number. 15.FFB
Defined Terms. All capitalized terms used in this Agreement shall have the meanings
attributed to such terms in the 2002 Glossary found on NFWF's website
<www.nfwf.org/glossary.htm>,which is incorporated in this Agreement by this reference.
Section 1. PROJECT PURPOSE
National Fish and Wildlife Foundation(NFWF)agrees to provide the Award to the NFWF
Recipient for the purposes of satisfactorily performing the Project described in a Full Proposal
received by NFWF on June 15,2004 and incorporated into this Agreement by reference.
I.I.. Proiect Description.
City of Kent and project partners will restore an 850 foot section of the Clark Lake
outfall stream for the benefit of coho and Chinook salmon and Bull trout through: 1)
re-establishment of a 250 foot stream channel,2)in-stream improvements of250 feet
via spawning gravel and LWD addition,and 3)stream corridor riparian restoration
through removal of invasive reed canary grass and blackberry and re-vegetation with
3 D00 native trees and shrubs along 850 feet of stream_
1
• Coordinate with US Corps of Engineers and
Washington Dept of Fish and Wildlife to * m
discuss project and organize permitting. $0
• Put together permitting package for the Joint j
Aquatic Resource Permit Application for the $0
above permitting agencies.Blanket permit
includes Hydrological Permit Application $67,000
and Corp of Engineers Nationwide 27
permit.
• Construction of 700 feet of stream channel-
includes creation of stream channel,
placement of logs,rocks and gravel. 15 feet
on either side of stream channel will restored
as well,removing invasive plants such as
reed canary grass and blackberry
• Volunteers plant approx. 5,000 native trees
and shrubs along newly constructed corridor
• Project management and staking out
$26,675 $67,000
• Project closeout:monitor plant survival
for 80%revegetation survival and replace
plants as needed.Monitors from City of $0
Kent's Environmental Engineering
Department will conduct fish counts from $0
November-December 2005 with
corresponding fry counts in Spring 2006. $8,000
• Final Report Submittal
$15,500 $8,000
$75,000
1.2. Project Deliverables. This project will result in a redefined 250 section of meandering
channel of the Clark Lake outfall stream with increased in-stream habitat quality via addition of
spawning gravel,large rocks,and large woody debris(LWD). Staff will also remove invasive
reed canary grass and blackberry and replant native vegetation with project partners along 850
feet of the stream corridor of the Clark Lake outfall stream. The local apartment complex and
project staff will ensure an 80 percent re-vegetated plant survival rate and replant as needed. City
of Kent's Environmental Engineering Department biologists will conduct fish counts during a six
week period from November and December which will be continued,along with spring fry
2
1 counts,via the Meridian Valley Creek system long-term,monitoring plan. Chinook and coho
salmon will benefit from increased restored spawning and migration areas and stream habitat
I improvements such as lower water temperatures,LWD recruitment, and increased habitat
complexity resulting from project activities. This grant represents phase two and three to restore
historic salmon passage from Meridian Valley Creek to the spawning grounds of Clark Lake via
the lake's outfall stream.
1_3. Diligence and Communication Required. The NFWF Recipient agrees to pursue
completion of the Project diligently and to communicate with the Project Manager on a regular
basis with respect to the status of the Project,including but not limited to providing the reports
discussed in Section 4 below. Failure to diligently pursue completion of the Project within the
Project Period and/or failure to so communicate with the Project Manager will be deemed a
material default in this Agreement,entitling NFWF to terminate this Agreement.
Section 2. , RESTRICTION ON FUNDS
No Funds provided by NFWF pursuant to this Agreement or Matching Contributions may
be used to support litigation expenses or lobbying activities.
Section 3. PAYMENT OF FUNDS and ADMINISTRATION PROCEDURES
3_1. NFWF Funds. Payments of the NFWF Funds for this Award will be made in two
installments.
• Project Phase One installment will be advanced to the NFWF Recipient when NFWF
receives a Request for Payment from the NFWF Recipient certifying that it is ready to
begin project activities for the first Phase described in Section 1.1 immediately upon
receipt of the funds.
• Subsequent Phase installments will be advanced to the NFWF Recipient when NFWF
receives and approves a completed Project Phase Reporting Form certifying that(i)
the NFWF Recipient has completed the previous Project Phase as described in
Section 1.1 and(ii)the NFWF Recipient has expended NFWF Funds and Matching
Contributions consistent with the Project Phase Budget as described in Section 1.1;
1 and the NFWF Recipient provides NFWF a Request for Payment certifying that it is
ready to begin Project activities for the next Phase immediately upon receipt of the
funds.
1 • Under no circumstances will any payment under this Agreement be made if any
Financial or Programmatic Reports are due and outstanding.
3_2. Budget Changes. In the event the NFWF Recipient determines that the amount of the
Budget is going to change in any one line item by an amount that exceeds more than 10%
of the total Budget for that Phase,the NFWF Recipient must seek approval from the
Project Manager. If approval is received, both parties must sign a written amendment to
this Agreement reflecting the new Budget.
Section 4. REPORTING REQUIREMENTS
4_1.. Phase Financial and Programmatic Report. Upon completion of each Phase,the NFWF
3
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Recipient will submit a brief e-mail or fax Project Phase Report on Project accomplishments and '
financial expenditures incurred during the Phase.
4_2. Annual Financial and Prow mmatic Report. The NFWF Recipient will submit an
Annual Financial and Programmatic Report no later than October 31 st of each year during the
Project Period, summarizing all of the activities accomplished and expenditures made from the
beginning of the Project Period or the most recent Project Phase Report until and including the
immediately preceding September 30th.
4• 3. Final Report. No later than 90 days after the completion of the Project,the NFWF
Recipient shall submit a Final Financial and Programmatic Report to NFWF,that includes: 1)a
Final Financial Reporting Form accounting for all receipts of Project funds, Project expenditures,
and Budget variances(if any)compared to the approved Budget;2)a report and Certification of
Matching Contributions secured and expended by the NFWF Recipient for the Project;3)a Final
Programmatic Report summarizing the accomplishments achieved during the term of the
Agreement. A representative number of digital photos(preferred) or color 35mm slides
depicting the Project and copies of all publications,press releases and other appropriate
"products"resulting from the Project should also be provided to NFWF as part of the Final
Report;and 4)a completed Project Evaluation Report. Any requests for extensions of this Final
Report submission date must be made in writing to NFWF Project Officer and approved by
NFWF in advance.
Section 5. STANDARD PROVISIONS.
This Agreement is also subject to the terms and conditions set forth in the attached
Standard Provisions,each of which is incorporated in this Agreement by this reference.
Section 6. CONTACT INFORMATION.
For NFWF Recipient: Perry Brooks
Park& Open Space Planner
City of Kent,WA
220 4th Ave. South
Kent, WA 98032
Phone: 253-856-5114
Fax: 253-856-6050
PBrooks@ci.kent.wa.us
Unless from the email address set forth above, electronic mails will be deemed '
unauthorized. If multiple users are authorized to send electronic mails on behalf of the
NFWF Recipient,please list all authorized sources.
4
For NFWF: Jane Van Gunst
National Fish and Wildlife Foundation
28 Second Street,bd'Floor
San Francisco, CA 94105 —
Phone: (415) 778-0999 ext. 221
Fax: (415)778-0998
Email: jane.vangunst@nfwforg
IN WITNESS WHEREOF,the parties have executed this Agreement,intending to be bound
legally.
NATIONAL FISH AND WILDLIFE FOUNDATION
By: Date:
Director,Pacific Northwest Region
CITY OF KENT
1
By: Date:
i -
(Print name and title legibly)
5
2002 STANDARD PROVISIONS
FOR AWARDS
This Award is subject to the following terms and conditions,as indicated by �JX ,
Section Al. ASSIGNMENT; SUBAWARDS
[�X ALI . The NFWF Recipient may not assign this Agreement,in whole or in part,
to any other individual or other legal entity without the prior written approval of NFWF.
MXX A1.2 The NFWF Recipient may not provide subawards without the prior written
approval of NFWF.
Section A2. UNEXPENDED FUNDS;INTEREST
MXX A2.1 Any funds provided by NFWF and held by the NFWF Recipient and not
expended at the end of the Project Period will be returned to NFWF within ninety(90)
days after the end of the Project Period.
QX A2.2 Any interest earned in any one year on Federal funds advanced to the NFWF
Recipient that exceeds$250 must be reported to NFWF,and the disposition of those
funds negotiated with NFWF.
QX Section A3. AMENDMENTS
This Agreement can only be amended by a written amendment,signed by both parties.
Counterpart originals and/or facsimile copies of amendments are acceptable,but not
emails.
QX Section A4. TERMINATION '
At any time prior to receipt of the first payment,the NFWF Recipient may terminate this
Agreement. After receipt of the first payment,the NFWF Recipient may terminate this
Agreement only with the written consent of NFWF. Failure by the NFWF Recipient to
comply with any material term of this Agreement is cause for NFWF to terminate this
Agreement by written notice to the NFWF Recipient. In the event of termination of this
Agreement prior to Project completion,NFWF will not make payment for any of this
Agreement's Project Deliverables that remain undelivered and any funds advanced by
NFWF that have not been expended by the NFWF Recipient shall be returned to NFWF
immediately,but in any event, no later than thirty(30)days after receipt of the notice of
termination. NFWF agrees to pay all documented, non-cancelable commitments made by
the NFWF Recipient prior to the NFWF Recipient's receipt of the notice of termination. -
[ Section A5. ADDITIONAL SUPPORT
In making this Award,NFWF assumes no obligation to provide further funding or
support to the NFWF Recipient beyond the terms stated in this Agreement.
Section A6. ARBITRATION AND CHOICE OF JURISDICTION
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MXX A6.1 All claims,disputes, and other matters in question arising out of, or relating to
this Agreement, its interpretation or breach, shall be decided through arbitration by a
person or persons mutually acceptable to both NFWF and the NFWF Recipient. Notice
of the demand for arbitration shall be made within a reasonable time after the claim,
dispute,or other matter in question has arisen. The award rendered by the arbitrator or
arbitrators shall be final.
r-' A6.2 This Agreement shall be subject to and interpreted by the laws of the District
of Columbia, without regard to choice of law principles. By entering into this
Agreement, the NFWF Recipient agrees to submit to the jurisdiction of the courts of the
District of Columbia.
MX A6.3 The terms of this Section will survive termination of this Agreement.
Section A7. COMPLIANCE WITH LAWS; INSURANCE;INDEMNIFICATION
MXX A7.1 In conducting its activities relating to the Project,the NFWF Recipient agrees
to conduct all such activities in compliance with all applicable Federal, State,and local
laws,regulations, and ordinances; to secure all appropriate necessary public or private
permits and consents.
MXX A7.2 The NFWF Recipient agrees to obtain and maintain all appropriate insurance
against liability for injury to persons or property from any and all activities undertaken by
the NFWF Recipient and associated with this Award in any way.
M]A7.3 The NFWF Recipient shall indemnify and hold harmless NFWF,its officers,
directors,agents,and employees in respect of any and all claims, injuries,losses,
' diminution in value,damages, liabilities,whether or not currently due,and expenses
(including without limitation,settlement costs and any legal or other expenses for
investigating or defending any actions or threatened actions arising from or in connection
with the Project,including but not limited to,environmental laws,regulations,orders and
decrees of whatsoever character or nature and damage or injury to persons and property).
XQA7.4 The terms of this Section will survive termination of this Agreement.
Section A8. COMMUNICATIONS
All notices,Requests for Payment and reports required or allowed to be given by this
i Award shall be by first-class mail (postage prepaid),facsimile(with telephone call
required to confirm that fax has been received),or overnight mail delivery by a nationally
known courier and addressed using the contact information provided in this Agreement.
All notices,reports and Request for Payments may be sent by e-mail,but Final Financial
and Programmatic Reports must be provided in hard copy as well. Each party agrees to
notify the other within ten (10) days after the change in named representative,address,
itelephone,or other contact information.
❑X Section A9. PUBLICITY
The NFWF Recipient agrees to give appropriate credit to the National Fish and Wildlife
Foundation and those Federal, State or local agencies and/or private organizations
identified as sources of funds in the letter of transmittal of this Agreement, if any,for
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their financial support in any and all press releases,publications, annual reports,video
credits, dedications,and other public communications regarding this Agreement or any of
the Project Deliverables associated with this Agreement. The NFWF Recipient gives
NFWF the right and authority to publicize NFWF's financial support for this Agreement
and the Project in press releases,publications and other public communications.
QX Section A10. DISCLAIMERS
Payments made to the NFWF Recipient under this Agreement do not by direct reference
or implication convey NFWF's endorsement nor the endorsement by any other entity that
provides funds to the NFWF Recipient through this Agreement,including the U.S.
Government,for the Project. All information submitted for publication or other public
releases of information regarding this Agreement shall carry the following disclaimer.
"The views and conclusions contained in this document are those of the authors
and should not be interpreted as representing the opinions or policies of the U.S.
Government or the National Fish and Wildlife Foundation. Mention of trade
names or commercial products does not constitute their endorsement by the U.S.
Government or the National Fish and Wildlife Foundation."
0 Section All. WEBSITE LINKS
The NFWF Recipient agrees to permit NFWF to post a link on any or all of NFWF's
websites to any websites created by the NFWF Recipient in connection with the Project.
X Section Al2. EVALUATION
The NFWF Recipient agrees to cooperate with NFWF by providing timely responses to
all reasonable requests for information to assist in evaluating the accomplishments of the
Project for a period of five(5)years after date on which the Final Financial and
Programmatic Report are provided.
Q X Section A13. DAVIS-BACON
The NFWF Recipient shall be subject to the provisions of the Davis-Bacon Act(40 ,
U.S.C. 276a to a-7) as supplemented by Department of Labor regulations(29 CFR part 5,
Labor Standards Provision Applicable to Contracts Governing Federally Financed and
Assisted Construction."
QX Section A14. DEBARMENT AND SUSPENSIONS
The NFWF Recipient shall enter into no contract using Federal funds provided by NFWF
with any party listed on the General Services Administration's Lists of Parties Excluded
from Federal Procurement or Nonprocurement Programs in accordance with Executive
Orders 12549 and 12689 (Debarment and Suspension). If this award is for more than
$100,000 in Federal funds,the NFWF Recipient must provide certification of its
exclusion status and that of its employees on a form provided by NFWF. '
Section A15.FEDERAL FUNDS -FEDERAL REGULATIONS
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iX❑ A15.1 If all or a part of the Award consists of Federal funds,the text box at the
beginning of this Section should contain an X and,before proceeding with its Project,the
NFWF Recipient must read and understand certain Federal regulations, including but not
limited to,those identified below which may be located on the Internet at
http.//www.whitehouse.gov/omb/Circularstindex.html. If a NFWF Recipient does not
have access to the Intemet, it should ask its NFWF Project Manager for copies. Many
Federal agencies have agency-specific regulations that govern the issuance of awards and
subawards with their funds;it is the obligation of the NFWF Recipient to review and
comply with any such regulations issued by its Federal agency Funding Source(s).
❑ A15.2 If the NFWF Recipient is a non-profit organization,it will need to
understand and comply with(i)OMB Circular A-110"Uniform Administrative
Requirements for Grants and Agreements With Institutions of Higher Education,
Hospitals,and Other Non-Profit Organizations"and, (ii)depending on what kind of
organization it is,either(a)OMB Circular A-21 "Cost Principles for Educational
Institutions"or(b)OMB Circular A-122"Cost Principles for Non-Profit Organizations,"
in addition to other applicable Federal regulations.
❑X A15.3 If the NFWF Recipient is a State,Local or Tribal Government,it will need
to understand and comply with OMB Circulars A-102 "Grants and Cooperative
Agreements with State and Local Governments"and A-87 "Cost Principles for State,
Local,and Indian Tribal Governments,"in addition to other applicable Federal
regulations.
X❑ A15.4 If the NFWF Recipient is any type of organization and it expends an
aggregate of$300,000 or more from all Federal sources,it is subject to a special kind of
audit as detailed in OMB Circular A-133 "Audits of States,Local Governments, and
Non-Profit Organizations,"which it will need to understand and comply with,in addition
to other applicable Federal regulations.
1 ❑ A 15.5 If one of the Funding Sources for the Award is the National Oceanographic
and Atmospheric Administration, the Award also is subject to the Department of
Commerce's Financial Assistance Standard Terms and Conditions, which may be located
on the Internet at http://www.osec.doc.govioebanVstandards.htm.
❑ A15.6 If one of the Funding Sources for the Award is the Environmental Protection
Agency, the Award also is subject to the Agency's Guidance for Utilization of Small,
Minority,and Women's Business Enterprise in Procurement Under Assistance
Agreements-6010,which may be located on the Internet at
hltp://www.epa.gov/osdbu/pubs.htm.
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❑ A16. FEDERAL NFWF RECIPIENT
If the NFWF Recipient is a Federal agency,the following Standard Provisions do NOT
apply to it: A2.2,A6.1, A7.2,and A7.3.
SP5
Kent City Council Meeting
Date March 1, 2005
Category Consent Calendar
1. SUBJECT: KING COUNTY INTER-AGENCY AGREEMENTS FOR
PARAMEDIC UNIT STATIONING AT TWO LOCATIONS —
AUTHORIZE
2. SUMMARY STATEMENT: Authorization for the Mayor to sign two agreements
which were entered into based upon the need to add paramedic units to the valley area
(Station 76) and to maintain the current medic unit at Station 75 (near Soos Creek).
The agreements are identical to the previous agreements except the monthly lease fee
was increased by Consumer Price Index (CPI) and the term of the agreement was
extended (years 2005 through 2006).
3. EXHIBITS: Inter-Agency lease agreements
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? ` Revenue? X
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
i 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6N
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FIRE DEPARTMENT
Z�� m Schneider, Fire Chief
V ICENT Phone-253-856-4300
Fax 253-856-6300
I Address 24611 1161"Ave SE
Kent,WA.980304939
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DATE: February 15,2005
TO: Operations Committee
FROM: Jim Schneider,Fire Chief
MOTION: I move to recommend placing the renewal of lease agreements with King County on
the Consent Calendar of the March 1,2005 Council Meeting and authorizing the Mayor to sign
the two 2 agreements.
iSUMMARY: These agreements were entered into based upon the need to add paramedic units
to the Valley area(Station 76)and to maintain the current medic unit at Station 75 (near Soos
1 Creek). The attached agreements are identical to the previous agreements except the monthly
lease fee was increased by CPR and the term of the agreement was extended (years 2005 through
2006). The attached agreements have received approval from the City Attorney's office.
iEXHIBIT: Copies of the Inter-Agency Lease Agreements
BUDGET IMPACT None
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Operations Committee
February 15.2005 1
OOOJA,
INTER-AGENCY LEASE AGREEMENT
This LEASE AGREEMENT is entered into this 1st day, January, 2005 between E
CITY OF KENT as LESSOR, hereinafter referred to as "THE CITY" and KING
COUNTY, a political subdivision of the State of Washington, as LESSEE, hereinafter
referred to as "COUNTY".
WITNESSETH
WHEREAS, the CITY and the COUNTY both desire to enter into a certain Lease Agreement
for the use of approximately 1280 square feet at 20676 72'Ave So., Kent, WA, hereinafter
called Lhe "FA_CILITY" for the stationing of a paramedic unit operated by use King County
Emergency Medical Services Division.
L WHEREAS, paramedic workloads and response times have increased on the East Hill and
Maple Valley areas of South King County, and have exceeded the capability of the existing
five paramedic units to maintain performance standards.
WHEREAS, the King County Emergency Medical Services Master Plan recommended that a
paramedic unit be added in the Valley area to maintain current levels of paramedic service, and
a location analysis has demonstrated that the fire station at the above address provides quality
paramedic response and allows for the further review of actual response patterns.
WHEREAS King County ty can provide additional paramedic personnel, paramedic vehicle,
e, and
equipment and supplies necessary to provide the additional paramedic services.
WHEREAS, the City desires to utilize King County's Emergency Medical Services Programs.
NOW THEREFORE, the parties mutually agree as follows:
1. DESCRIPTION OF LEASED PREMISES:
I. Leased Snace — 20676 72' Ave So., Kent, WA
■ a. Garage space of approximately 480 square feet for one (1) paramedic
vehicles including floor drains and automatic garage door openers;
additional outside vehicle storage with electrical supply for an additional
Medic vehicle.
tb, Sleeping space totaling 800 square feet consisting of two (2) 1P x 14'6"
sleeping rooms with one (1) bed each. The sleeping quarters include
Iseveral built-in lockers available for use by the COUNTY.
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1. DESCRJPTION OF LEASED PREMISES:
I. Leased Space— 20676 72nd Ave So., Kent, WA
C. A total of 1280 square feet of interior space and two (2) exterior parking
spaces for reserve Medic vehicles in addition to the parking spaces as
needed for staff.
II. Space Shared By The CITY And The COUNTY
a. Bathroom/shower facilities for both sexes shared with Kent Fire
Department personnel;
b. Office space including a desk and chair;
C. Kitchen facilities, dining and day rooms shared with Kent Fire
Department personnel;
d. Exercise room and equipment shared with Kent Fire Department
personnel;
e. Facilities for fueling of paramedic vehicles.
2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY
I. Basic Services
a. Heating and Lighting Heating, lighting "and cooling will be prowded by
the CITY for the FACILITY and those services will be available on a 24 ,
hour basis.
b. Standbv Power - The FACILITY will have an emergency generzt,i
Pvail:ole to provide backup power to the building to any area initae
building.
C. Waste - The CITY will provide a waste receptacle and collection service
for all waste; EXCEPT, that the COUNTY shall be responsible for
disposal of all contaminated medical :waste.
d. Storage Space - The CITY will provide storage space for limited storage
of non "controlled" operational supplies.
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i3. GENERAL SERVICES OR CONDITIONS PROVIDED BY KING COUNWY
I. General Services
a. Paramedic Unit- The COUNTY will station a paramedic unit staffed
with two (2) paramedics in the FACILITY.
jb. Securi -The COUNTY agrees to maintain all pharmaceutical supplies,
including controlled substances, under mutually agreed upon methods of
security and accessible only by COUNTY personnel.
C. Maintenance - The COUNTY agrees to require all COUNTY personnel
assigned to the FACILITY to participate in the daily, weekly
housekeeping duties and other periodic cleaning of the FACILITY
(building and grounds) in cooperation with Kent Fire Department
personnel.
d. Special Conditions - The COUNTY further agrees that any problems or
issues that arise involving personnel or operations of the respective
agencies will be handled as set forth in Exhibit A of this agreement,
attached hereto and made a part hereof.
4. RENT
I. The COUNTY agrees to pay the CITY $763.37 per month, effective January 1,
2005, for space and other systems and services described in Item 1 above. The
monthly rate will be adjusted annually based upon the increase in the Consumer
Price Index for Seattle and shall become effective the first day of January for
each subsequent year of this lease. From the monthly rental, $220.46 each
month will be placed in the City/Loc,a 1747 Physical Fitness Program Fund.
The remainder will be�.tilized in the operational or capital fund as the City
deems appropriate.
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5. TENANT BIPROWMENTS
I. The COUNTY agrees to pay all costs incurred in modifying the FACILITY to
meet the COUNTY'S needs, including but not limited to alarm notification and
� 4 Itghting equ.pmeM, telen one and computer systems, CNiTlt, ( nr C) CVCr_ T_uC
.
a. All such modifications shall be made by the CITY with the prior written
approval of the King County Emergency Medical Services Division
Manager and shall be consistent with the FACILITY'S standards as
determined by the CITY. Signatures of both parties are required upon
completion of the improvements to show that all improvements have
been completed to the satisfaction of both parties.
b. Payment for the identified modifications shall be in addition to monthly
payments provided for herein. Any additional costs for changes to the
original plan will require prior approval by the COUNTY. All payments
shall be made within 30 days of receipt of an invoice by the COUNTY.
C. Any tenant improvements made subsequent to this agreement shall be
made by or with the approval of the CITY with the prior written
approval of the King County EMS Division Manager and shall be
entered as an Exhibit to this agreement.
d. The COUNTY agrees to reimburse the CITY for all direct and indirect
costs incurred by the CITY for repair and replacement of CITY property
which is lost, destroyed or damaged (normal wear and tear excepted) to
the extend of such loss, destruction, or damage is caused by equipment
or employees of the COUNTY.
e. The COUNTY agrees that at the termination of this agreement to restore
the classroom, office space and entry areas to the high quality condition
they were in originally. This will include removing tenant
improvements, refmis:.ing walls, t,.,ilings, replacing carpet, restoring the
alarm system, etc.
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6. TERM
I. This Lease Agreement is for two (2) years beginning January 1, 2005 and
expires December 31, 2006. This agreement may be terminated annually for
lack of funding. (see attached addendum '"a")
iII. Termination for Other Causes:
a. This Agreement is subject to termination upon Ninety (90) days written
notice by the COUNTY should:
i. The CITY fail to comply with the terms and conditions express
herein;
ii. The CITY fails to provide work or services expressed herein.
b. This Agreement is subject to termination upon ninety (90) days written
notice by the CITY should:
i. The COUNTY fail to comply with the terms and conditions of
this agreement.
1 ii. If, in the judgement of the City the relationship is no longer
compatible with the organizational philosophy or values of the
Fire Department, or the City determines that leasing space
pursuant to this agreement does not serve the interest of the City.
III. Changes:
a. Either party may request changes in the services to be performed or
provided hereunder. Proposed changes which are mutually agreed upon
shall be incorporated by written amendment to this agreement signed by
both parties.
7. HOLD HARI:'ILESS AA.TD INDEMNIFICATION
II. The COUNTY agrees to assume responsibility for all liabilities that occur or
arise in any way out of occupancy of the rented space at the FACILITY,and to
save and hold harmless the CITY, its employees and officials, harmless from all
claims, causes of action, costs, expenses, loses and damages, including the cost
of defense, incurred as a result of any negligent actions or omissions of the
' COUNTY, its agents, officers, or employees arising out of or relating to the
performance of this agreement.
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7. HOLD HARMLESS AND INDEMNIFICATION
H. The CITY agrees to assume responsibility for all liabilities that occur or arise in
any way out of the performance of this agreement by its agents, officers, or
employees, and to save and hold harmless the COUNTY, its employees and
officials, from all claims, causes of action, costs expenses, loses and damages,
including the costs of defense, incurred as a result of any negligent acts or
omissions of the CITY, its agents, officers, or employees arising out of or
relating to the performance of this agreement.
S. INSURANCE
I. The CITY understands that the COUNTY is self-insured. The County shall
provide the CITY with proof of said insurance upon request.
9. NOTICES i
I. Official notice under this lease shall be given as follows:
To City:
City of Kent Fire Department
24611 116th Ave. S.E.
Kent WA 98030
To County:
King County Real Property Division
500A Administration Building
500 Fourth Avenue
Seattle WA 98104
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IN WITNESS WHEREOF, the parties hereto have executed this agreement the clay
and year first above written.
i LESSOR: CITY OF KENT LESSEE: KING COUNTY
FIRE DEPARTMENT EMERGENCY
MEDICAL SERVICES
BY: BY:
TITLE: MAYOR TITLE:
DATE: DATE: l 2 Al`
APPROVED AS TO FORM: APPROVEISA`S-TO-F-OW:
BY:
City of Kent Attorney KING-C-OUi7TY-,-WASHlN,;GTON
IDATE: DATE:
Manager Property
Services Division
rDATE. .,
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EXHIBIT A t
Special Conditions
Interagency Cooperation
a. The COUNTY agrees to designate one (1) paramedic on each duty shift who will
coordinate the station activities and issues with the Station Officer, including but not
limited to regular maintenance of the FACILITY by on-duty personnel
b. The COUNTY agrees that when issues, conrlicrs or problems arises, t he Station Officer
and the designated COUNTY employee shall attempt to resolve the matter at their
level_ If the matter is unable to be resolved at that level it shall be taken to the next
level of the respective chains of command, up to and including the Fire Chief for the
CITY and the Manager of the King County Emergency Medical Services Division for
the COUNTY.
C. The COUNTY recognizes the importance of the organizational philosophy and values
of the CITY and agrees to cooperate with the CITY to support those values. The
COUNTY further agrees to abide by Kent Fire Department Policies and Procedures as
discussed and agreed to by the Fire Chief and Manager of the King County Emergency
Medical Services Division.
Date: Date: j oZ 1 (�_
a
Approved: Approved:
Jim White, Mayor Manager King County EMS
City of Kent
8
APPROVED AS TO FORM ONLY:
By:
I Robert I. Stier, Senior Deputy Prosecuting
Attorney
' Date: !
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ADDENDUM "A"
The County's obligations to Lessor, if any, that extend beyond the current calendar year
are contingent upon approval of the lease by the King County Council or appropriation by
the King County Council of sufficient funds to pay such obligations. Should such
approval or appropriation not occur, this lease and all County obligations hereunder will
terminate at the end of the current calendar year in which such approval or appropriation
expires.
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INTER-AGENCY LEASE AGREEMENT
00if t
This LEASE AGREEMENT is entered into this 1st day of January, 2005 between THE
CITY OF KENT as LESSOR, hereinafter referred to as "THE CITY" and KING
COUNTY, a political subdivision of the S*.a+.e of Washington, as LESSEE, hereinafter
referred to as "COUNTY".
WITNESSETH
WHEREAS, the CITY and the COUNTY both desire to enter into a certain Lease Agreement
for the use of approximately 1367 square feet at 15635 S.E. 272nd Street., Kent, WA,
hereinafter called the "FACILITY" for the stationing of a paramedic unit operated by the King
County Emergency Medical Services Division.
WHEREAS, paramedic workloads and response times have increased on the East Hill and
Maple Valley areas of South King County, and have exceeded the capability of the existing
five paramedic units to maintain performance standards.
WHEREAS, the King County Emergency Medical Services Master Plan recommended that a
paramedic unit be added in the East Hill area to maintain current levels of paramedic service,
and a location analysis has demonstrated that the fire station at the above address provides
optimal paramedic response.
tWHEREAS, King County can provide additional paramedic personnel, paramedic vehicle, and
equipment a^d supplies necessary to provide the additional paramedic services.
WHEREAS, the City desires to utilize King County's Emergency Medical Services PrDgrams.
NOW THEREFORE, the parties mutually agree as follows:
1. DESCRIPTION OF LEASED PREMISES:
I. Leased Space — 15635 SE 272nd Street., Kent, WA
a. Garage space of approximately 960 square feet for two (2) paramedic
vehicles including floor drains and automatic garage door openers;
Ib. Sleeping space totaling 407 square feet consisting of two (2) 11' x 14'6"
sleeping rooms with three (3) bed each The sleeping quarters include
I eleven (11) built-in lockers (7 feet high x 2 feet wide x 23 inches deep)
available for use by the COUNTY. Each bed will be supplied with
mattress, mattress pad, bed spread and two (2) blankets;
1
1. DESCRIPTION OF LEASED PREMISES: i
I. Leased Space- 15635 SE 272"a Street, Kent, WA
C. 1367 total square feet - See Exhivil "A", attached hereto and made a
part hereof.
II. Space Shared By The CITY And The COUNTY
a. Bathroom/shower facilities for both sexes shared with Kent Fire
Department personnel;
b. Office space including a desk and chair;
C. Kitchen facilities, dining and day rooms shared with Kent Fire ,
Department personnel;
d. Exercise room and equipment shared with Kent Fire Department
personnel;
e. Facilities for fueling of paramedic vehicles.
2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY
I. Basic Services
a. Heating and Lighting - Heating, lighting and cooling will be provided by
the CITY for the FACILITY and those services will be available on a 24
hour basis.
b. Standby Power - The FACILITY will have an emergency generator
available to provide backup power to the building to any area in the
building
C. Waste - The CITY will provide a waste receptacle and collection service
for all waste; EXCEPT, that the COUNTY shall be responsible for
disposal of all contaminated medical waste.
d. Storage Space - The CITY will provide storage space for limited storage
of non "controlled" operation supplies.
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2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY
I. Basic Services
e. Meeting Room — The CITY will provide a meeting room -of 600 square
feet at no cost, following established Fire Department system for room
scheduling.
j3. GENERAL SERVICES OR CONDITIONS PROVIDED BY KING COUNTY
I. General Services
a. Paramedic Unit- The COUNTY will station a paramedic unit staffed
with two (2) paramedics in the FACILITY.
Ib. Securi - The COUNTY agrees to maintain all pharmaceutical supplies,
including controlled substances, under mutually agreed upon methods of
security and accessible only by COUNTY personnel.
C. Maintenance - The COUNTY agrees to require all COUNTY personnel
assigned to the FACILITY to participate in the daily, weekly
housekeeping duties and other periodic cleaning of the FACILITY
(building and grounds) in cooperation with Kent Fire Department
1 personnel.
d. Special Conditions -The COUNTY further agrees that any problems or
issues that arise involving personnel or operations of the respective
agencies wiii ve =iuleu as sct iGrtn m Exhibit u Gf tiarS $rr eerrieiit,
attached hereto and made a part hereof.
4. RENT
I. The COUNTY agrees to pay the CITY $763.37 per month, effective January 1,
2005, for space and other systems and services described in Item 1 above. The
monthly rate will be adjusted annually based upon the increase in the Consumer
Price Index for Seattle and shall become effective the first day of January for
each subsequent year of this lease. From the monthly rental, $220.46 each
month will be placed in the City/Local 1747 Physical Fitness Program Fund.
The remainder will be utilized in the operational or capital fund as the City
deems appropriate.
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5. TENANT IMPROVEMENTS
I. The COUNTY agrees to pay all costs incurred in modifying the FACILITY to t
meet the COUNTY'S needs, including but not limited to alarm notification and
lighting equipment, telephone and computer systcmi_s, security (locks) s stems.
a. All such modifications shall be made by the CITY with the prior written
approval of the King County Emergency Medical Services Division ,
Manager and shall be consistent with the FACILITY'S standards as
determined by the CITY. Signatures of both parties are required upon
completion of the improvements to show that all improvements have
been completed to the satisfaction of both parties.
b. Payment for the identified modifications shall be in addition to monthly ,
payments provided for herein. Any additional costs for changes to the
original plan will require prior approval by the COUNTY. All payments
shall be made within 30 days of receipt of an invoice by the COUNTY.
C. Any tenant improvements made subsequent to this agreement shall be
made by or with the approval of the CITY with the prior written
approval of the King County EMS Division Manager and shall be
entered as an Exhibit to this agreement.
d. The COUNTY agrees to reimburse the CITY for all direct and mdirect
costs incurred by the CITY for repair and replacement of CITY property
which is lost, destroyed or damaged (normal wear and tear excepted) to
the extend of such loss, destruction, or damage is caused by equipment
or employees of the COUNTY.
e. The COUNTY agrees that at the termination of this agreement to
reimburse the CITY for the restoration of systems which where modified
for the benefit of the Medics.
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' 6. TERM
I. This Lease Agreement is for two (2) years beginning January 1, 2005 and
expires December 31, 2006. This agreement may be terminated annually for
iIacl:of funding. (see atta--ned addendum "a")
II. Termination for Other Causes:
ia This Agreement is subject to termination upon Ninety (90) days written
notice by the COUNTY should:
i. The CITY fail to comply with the terms and conditions ogress
herein;
ii. The CITY fails to provide work or services expressed herein.
b. This Agreement is subject to termination upon ninety (90) days written
notice by the CITY should:
i. The COUNTY fail to comply with the terms and conditions of
this agreement.
ii. If, in the judgement of the City the relationship is no longer
l S yC �w t rat 1 hY �1Les of reLo21pateit , he cg �
Fire Department, or the City determines that leasing space
pursuant to this agreement does not serve the interest of the City.
III. Changes:
a. Either party may request changes in the services to be performed or
provided hereunder. Proposed changes which are mutually agreed upon
shall be incorporated by written amendment to this agreement signed by
_,both parties.
7. HOLD ILkRMLESS AND INDEMNIFICATION
I. The COUNTY agrees to assume responsibility for all liabilities that occur or
arise in any way out of occupancy of the rented space at the FACILITY,and to
save and hold harmless the CITY, its employees and officials, harmless from all
claims, causes of action, costs, expenses, loses and damages, including the cost
' of defense, incurred as a result of any negligent actions or omissions of the
COUNTY, its agents, officers, or employees arising out of or relating to the
performance of this agreement.
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7. HOLD HARMLESS AND INDEMNIFICATION
H. The CITY agrees to assume responsibility for all liabilities that occur or arise in
any way out of the performance of this agreement by its agents, officers,or
employees, and to save and hold harmless the COUNTY, its employees and
officials, from all claims, causes of action, costs expenses, loses and damages,
including the costs of defense, incurred as a result of any negligent acts or
omissions of the CITY, its agents, officers, or employees arising out of or
relating to the performance of this agreement.
8. INSURANCE
I. The CITY understands that the COUNTY is self-insured. The County shall
provide the CITY with proof of said insurance upon request.
9. NOTICES ,
I. Official notice under this lease shall be given as follows:
To City:
City of Kent Fire Department
24611 116th Ave. S.E.
Kent WA 98030
To County:
King County Real Property Division
500A Administration Building
500 Fourth Avenue
Seattle WA 98104
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IN WITNESS WIIEREOF, the parties hereto have executed this agreement the day
and year first above written.
LESSOR: CITY OF KENT LESSEE: KING COUNTY, WA
FIRE DEPARTMENT EMERGENCY MEDICAL
SERVICES
BY: BY:
lTITLE: MAYOR TITLE: e�op
DATE: DATE:
APPROVED AS TO FORM: F L n - 'Lv0=per:
BY: BY-
City of Kent Attorney .Deputy-Pmecuting AUumey
DATE: DATE:
BY: f
�f
Manager Propero.'r/
Services Division
DATE:
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EXHIBIT B '
Special Conditions
Interagency Cooperation
a. The COUNTY agrees to designate one (1)paramedic on each duty shift who will
coordinate the station activities and issues with the Station Officer, including but not ,
limited to regular maintenance of the FACILITY by on-duty personnel
b. The COUNTY agrees that when issues, conflicts or problems arises, the Station Officer 1
and the designated COUNTY employee shall attempt to resolve the matter at their
level. If the matter is unable to be resolved at that level it shall be taken to the next
level of the respective chains of command, up to and r....ud.ng the Fire Chief for the
CITY and the Manager of the King County Emergency Medical Services Division for
the COUNTY.
C. The COUNTY recognizes the importance of the organizational philosophy and values
of the CITY and agrees to cooperate with the CITY to support those values. The
COUNTY further agrees to abide by Kent Fire Department Policies and Procedures as
discussed and agreed to by the Fire Chief and Manager of the King County Emergency
Medical Services Division.
Date: Date: a? t a
Approved: Approved
.�im .;..:.o " ARonalrPr Kina County EMS
��ua�a., ir'Saj'Ur •cwc.� _
City of Kent
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APPROVED AS TO FORM ONLY:
1 Robert I Stier, Senior Deputy Prosecuting
Attorney
Date:
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ADDENDUM "A"
The County's obligations to Lessor,if any, that extend beyond the current calendar year
are contingent upon approval of the lease by the King County Council or appropriation by ,
the King County Council of sufficient funds to pay such obligations. Should such
approval or appropriation not occur,this lease and all County obligations hereunder will
terminate at the end of the current calendar year in which such approval or appropriation
expires.
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Kent City Council Meeting
Date March 1, 2005
Category Consent Calendar
1 1. SUBJECT: 2005 BUREAU OF JUSTICE ASSISTANCE GRANT
APPLICATION —AUTHORIZE
2. SUMMARY STATEMENT: Accept the Bureau of Justice Assistance Grant
application of$48,260 for 2005.
The grant funds would be used by the Kent Police Department to support crime
investigations with the purchase of equipment, supplies and training. There is no City
funding match required, although the grant program encourages a match. The grant
application must be available for review no less than 30 days prior to the deadline of
March 31, 2005.
This grant program replaces the Local Law Enforcement Block Grant (LLEBG).
3. EXHIBITS: U.S. Dept. of Justice, Edward Byrne Memorial Justice Assistance
Grant document and Police Dept. —budget document
4. RECOMMENDED BY: Operations Committee (2/15/05)
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
1 Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 60
POLICE DEPARTMENT
� Ed Crawford, Police Chief
KENT Phone 253-856-5890
W.......... Fax 253-856-6802
Address. 220 4a'Avenue So
Kent,WA 98032
DATE: February 15, 2005
TO: Operations Committee
FROM: Ed Crawford, Chief of Police
MOTION: I move to recommend the Council authorize the Kent Police Department to apply
for the Bureau of Justice Assistance FY 2005 Grant and placing this on the Consent Calendar of
the March 1,2005 Council Meeting.
tSUMMARY: The City of Kent's allocation foi FY 2005 is $48,260. The grant funds would be
used to support crime investigations with the purchase of equipment, supplies and training.
tThere is no city funding match required, although the grant program encourages a match.
The grant application must be available for review no less than 30 days prior to the deadline of
March 31,2005.
EXHIBIT: U.S Dept of Justice.Edward Byrne Memorial Justice Assistance Grant document
Kent Police Department—Budget Document required for giant application
BUDGET IMPACT: None
' BACKGROUND: This grant program replaces the Local Law Enforcement Block Grant
(LLEBG)
' Operations Committee US Dept of Justice grant
February 15,2005
r
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' Kent Police Department
2005 Edward Byne Memorial Justice Assistance Grant
' Budget
' ToW Grant=48,260
Portable, remote surveillance camera/equipment $7,000
Patrol digital cameras, cases and supplies 13,000
Computer forensic hardware/software 18,260
Video forensic hardware 3,000
Computer and Video forensic training 7,000
Total $48,260
1
r
rFY2005 Edward Byrne Memorial
' Justice Assistance Grant
Kent Police Department Crime Investigation Equipment and Training
1
The Kent Police Department(KPD)plans to apply for the Bureau of Justice Assistance FY 2005
' Edward Byrne Memorial Justice Assistance Grant.The City of Kent's allocation for FY 2005 is
$48,260.This grant program replaces the Local Law Enforcement Block Grant. There is no city
funding match required,however the grant program encourages a match. The grant application
rdeadline is March 31,2005.
The police department has designated this funding to support crime investigations. Portable,
' remote surveillance cameras would be acquired that can be relocated to crime hot spots. The
funding would purchase digital cameras for patrol officers.
The police department would also purchase equipment to support computer and video crime
' forensic investigations. Computer forensic investigation equipment must be upgraded frequently
to keep step with computer technology advances Crime forensic investigation training would
also be supported through this grant. The grant program's purpose areas include technical
assistance,training,information systems,equipment and supplies.
The police department requests authorization to apply for the FY 2005 Edward Byrne Memorial
Justice Assistance Grant
1
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1
1 U.S.Department of Justice
Office of Justice Programs e,
Bureau of Justice Assistance
1
1 Edward Byrne Memorial
1 Justice Assistance Grant
1
JAG
1
1 FY 2005 Local Solicitation
1 Eligibility
Units of local government appearing on the FY 2005 Units of Local Govemmenf List
are eligible to apply for JAG funds.To view this list,go to www oia usdoi goviBJAigrantflagallocations.html
' GMS Application Deadline
1 All JAG applications are due on or before 8.00 p in.EST on March 31,2005.
For assistance with the JAG 1
1 contact-
Timothy • • - •-• Director,Prog •solicitation, • • • •• ••_
ABOUT OJP '
The Office of Justice Programs(OJP),U.S. Department of Justice,was created in 1984 to provide federal ,
leadership in developing the nation's capacity to prevent and control crime,administer justice,and assist
crime victims. OR Games out this mission by forming partnerships with other federal,state, and local
agencies, as well as national and community-based organizations.OR is dedicated to comprehensive
approaches that empower communities to address crime,break the cycle of substance abuse and crime, ,
combat family violence,address youth crime, hold offenders accountable,protect and support crime victims,
enhance law enforcement initiatives,and support advancements in adjudication. OJP also works to reduce
crime in Indian Country,enhance technology use within the criminal and juvenile justice systems,and
support state and local efforts through technical assistance and training. ,
ABOUT BJA
The Bureau of Justice Assistance(BJA),Office of Justice Programs,U.S. Department of Justice,supports '
law enforcement,courts,corrections,treatment,victim services,technology,and prevention initiatives that
strengthen the nation's criminal justice system.BJA provides leadership,services,and funding to America's
communities by emphasizing local control;building relationships in the field,developing collaborations and ,
partnerships;promoting capacity budding through planning;streamlining the administration of grants;
increasing training and technical assistance;creating accountability of projects;encouraging innovation;and
ultimately communicating the value of justice efforts to decision makers at every level.
ABOUT JAG '
Proposed to streamline justice funding and grant administration,the Edward Byrne Memorial Justice ,
Assistance Grant(JAG)Program allows states,tribes,and local governments to support a broad range of
activities to prevent and control crime based on their own local needs and conditions.JAG blends the
previous Byrne Formula and Local Law Enforcement Block Grant(LLEBG) Programs to provide agencies '
with the flexibility to pnontize and place justice funds where they are needed most.
Formula
The JAG formula includes a state allocation consisting of a minimum base allocation with the remaining ,
amount determined on population and Part 1 violent crime statistics,and a direct allocation to units of local
government.Once the state allocation is calculated,60%of the funding is awarded to the state and 40%to
eligible units of local govemment State allocations also have a variable pass through requirement to locals,
calculated by the Bureau of Justice Statistics(BJS)from each state's crime expenditures. '
Purpose Areas
JAG funds can be used for state and local initiatives,technical assistance,training, personnel,equipment,
supplies,contractual support,and information systems for criminal justice for any one or more of the ,
following purpose areas:
• Law enforcement programs
Prosecution and court programs '
• Prevention and education programs
• Corrections and community corrections programs
• Drug treatment programs
• Planning,evaluation,and technology improvement programs '
* Any law enforcement or justice initiative previously eligible for funding under Byrne or LLEBG is
eligible for JAG funding. '
2
Responsibilities
The chief executive officer of an eligible unit of local government or a local agency designated by the chief
executive officer must apply for JAG funds.A unit of local government receiving a JAG award will be
' responsible for the administration of the funds including distributing the funds;monitoring the award;
submitting reports including performance measure and program assessment data,and providing ongoing
assistance to any subrecipients of the funds.
' Administrative Funds
A unit of local government may use up to 10 percent of the award for costs associated with administering
JAG funds.
Eligibility
Units of local government appearing on the FY 2005 Units of Local Government List established by BJS are
eligible to apply for JAG funds.For JAG program purposes,a unit of local government is:a town;township;
village,parish;city;county; or other general purpose political subdivision of a state,or a federally recognized
Indian Tribe or Alaskan Native organization that performs law enforcement functions as determined by the
Secretary of the Interior.in Louisiana,a unit of local government means a district attorney or a parish sheriff.
For a listing of eligible units of local government,go to www oip usdoi govlBJA/granthagallocations html.
' Disparate Certification
A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and
one half times more (four times more for multiple units of local government)than another constituent unit(s),
while the other unit of local government bears more than 50%of the costs of prosecution or incarceration
' that arise for Part 1 violent crimes reported by the geographically constituent unit(s) JAG disparates are
certified by the Director of BJA, based in part on input from the state's Attorney General For a listing of
disparate jurisdictions,go to www olp.usdoi.gov/BJA/grantraaailocations html.
' Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to
them, specifying the amount of the funds that are to be distributed to each of the units of local government and
the purposes for which the funds will be used The units of local government involved may establish a joint
advisory board to carry out the joint application process When beginning the JAG application process,a
Memorandum of Understanding(MOU)must be completed,signed,and faxed to OJP,indicating whovoill
serve as the apphcanttfiscal agent for the joint funds.MOUs must be faxed to 202-354-4147,with the OJP
Grants Management System(GMS)-generated application number printed on each page.For a sample
MOU,go to www o_Ip usdol.gov/BJA/grant/05JAGMOU pdf.
' Application Reviews
The eligible unit of local government applying for a JAG award must make the grant application available for
review to the governing body of the unit of local government or an organization designated by that governing
' body not fewer than 30 days before the application is submitted to BJA.Also, the unit of local government
must provide an assurance that the application or any future amendment was made public and an
opportunity to comment was provided to citizens and to neighborhood or community organizations to the
extent applicable law or established procedure makes such an opportunity available.
' Supplanting
Federal funds must be used to supplement existing funds for program activities and cannot replace,or
supplant,nonfederal funds that have been appropriated for the same purpose.
Award Amount
Of the 40%allocated for direct awards to units of local government from the total JAG appropriation,funds
will be allocated and awards made to units of local government by BJA based on the same ratio to such
share as the average annual number of Part 1 violent crimes reported by the unit to the Federal Bureau of
Investigation(FBI)for the 3 most recent calendar years for which data is available bears to the number of
Part 1 violent crimes reported by all units of local government in the state to the FBI for such years.
' 3
Single Application Joint Application r
State Jurisdiction Name Award Amount Award Amount
WA BENTON COUNTY $46,588
WA KENNEWICK CITY
WA CHEI AN COUNTY $18,836
WA WENATCHEE CITY '
WA CLARK COUNTY $149,682
WA VANCOUVER CITY
WA COWLITZ COUNTY $43,690
WA LONGVIEW CITY '
WA KELSO CITY $13,040
WA FRANKLIN COUNTY $22,068
WA PASCO CITY '
WA GRANT COUNTY $16,105
WA MOSES LAKE CITY $14,545
WA KING COUNTY $819,577 ,
WA SEATTLE CITY
WA AUBURN CITY $40,402
WA BELLEVUE CITY $24,576
WA KENT CITY $48,260 ,
WA REDMOND CITY $15,102
WA RENTON CITY $39,120
WA TUKWILA CITY $23,740
WA SEATAC CITY $24,130 ,
WA FEDERAL WAY CITY $51,269
WA BURIEN CITY $34,997
WA SHORELINE CITY $20,006 '
WA DES MOINES CITY $15,158
WA KITSAP COUNTY $83,256
WA BREMERTON CITY $65,312 '
WA LEWIS COUNTY $13,932
WA CENTRALIA CITY $14,935
WA MASON COUNTY $18,947
WA COLVILLE TRIBE $12,706 ,
WA PIERCE COUNTY $539,716
WA TACOMA CITY
WA PUYALLUP CITY $13,765 '
WA UNIVERSITY PLACE CITY $19,226
WA LAKEWOOD CITY $83,981
WA SNOHOMISH COUNTY $93,343
WA EVERETT CITY $90,333 '
WA LYNNWOOD CITY $18,669
WA SPOKANE COUNTY $301,037
WA SPOKANE CITY '
WA THURSTON COUNTY $50,600
WA OLYMPIA CITY $22,848
WA LACEY CITY $15,604 '
WA WALLA WALLA COUNTY $24,966
WA WALLA WALLA CITY
PWA WHATCOM COUNTY $24,297
WA BELLINGHAM CITY 1 $24,241 '
Kent City Council Meeting
Date March 1, 2005
Category Consent Calendar
1. SUBJECT: COUNCIL ABSENCE—APPROVE
' 2. SUMMARY STATEMENT: Approval of an excused absence from tonight's City
Council meeting for Councilmember Raplee, who is unable to attend.
3. EXHIBITS: Memorandum
4. RECOMMENDED BY: Mayor
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
' Expenditure? _ Revenue?
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
i
i OFFICE OF THE MAYOR
Jim White, Mayor
i Phone 253-856-5700
Fax 253-856-6700
i • Address, 220 Fourth Avenue S
KENT Kent,WA 98032-5895
WASHINGTON
i DATE: February 18, 2005
TO: Mayor Jim White
City Council Members
' FROM: Debbie Raplee, City Councilmember
SUBJECT: Excused Absence
iI would like to request an excused absence from March 1, 2005 City Council meeting. I will be
unable to attend.
Thank you for your consideration.
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Kent City Council Meeting
Date March 1, 2005
Category Consent Calendar
1. SUBJECT: SE 278TH STREET VACATION ORDINANCE—ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. vacating a portion
of SE 278`h Street right-of-way, east of 145`h Place as described in the applicant's
petition.
A Street and/or Alley Vacation Application and Petition was filed by Cherie Lang to
vacate a portion of the SE 278`h Street right-of-way. The Planning Services Office
processed this petition and the Public Works Department approved the petition for
vacation. A public hearing was held on October 19, 2004, and City Council approved
the vacation subject to conditions, which have been satisfied. Accordingly, it is now
appropriate to pass this street vacation ordinance.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? Yes
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund R20033.59520 Amount $30,000.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6Q
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington,relating to the vacation of a portion
of Southeast 278th Street right-of-way, east of 145th Place,
! lying within the north half of the southeast quarter of the
northeast quarter of Section 34, Township 22 North,
Range 5 East, W M. in King County, in the City of Kent.
' RECITALS
! A. A petition has been filed by Cherie Lang, to vacate the portion of
Southeast 278th Street right-of-way, east of 145th Place, lying within the north half of the
southeast quarter of the northeast quarter of Section 34, Township 22 North,Range 5
East,W.M., as legally described in Exhibit"A",attached and incorporated herein by this
' reference.
B. The City's Planning Services Office processed this petition and, after
consulting with all appropriate city departments, secured technical facts pertinent to the
! question of this vacation.
C. The City Council fixed a time for a public hearing on the petition and the
hearing was held with proper notice on October 19,2004,in the City Council Chambers
of the Kent City Hall.
1 Street Vacation-
SE 27e Street
D. The Planning Services Office recommended that the City Council approve
the petition subject to the conditions attached and incorporated as Exhibit `B".
E. After the public hearing on October 19,2004,the City Council approved
the vacation with the conditions recommended by staff.
F. The City Council finds that the portion of street sought to be vacated is.
(1) a dedicated street that is presently unused; (2) not abutting on a body of water and, ,
therefore,not suitable for acquisition for port purposes,boat moorage or launching sites,
park, viewpoint, recreational or education purposes, or other public use; and (3) a
vacation which is in the public interest.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
I
ORDINANCE
SECTION 1. —Recitals. The foregoing recitals are incorporated as if fully set
forth herein.
SECTION2. — Vacation. That portion of Southeast 2786' Street right-of-way,
east of 145ih Place, lying within the north half of the southeast quarter of the northeast
quarter of Section 34, Township 22 North, Range 5 East, W.M, in the City of Kent as
described in Exhibit "A", is hereby vacated.
SECTIONS.— Vested Rz�,rht. No vested rights shall be affected by the provisions
of this ordmance.
SECTION 4.—Severabzlzty If anyone or more section,subsections,or sentences
of this Ordinance are held to be unconstitutional or invalid,such decision shall not affect ,
2 Street Vacation-
SE 27e Street
the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 5. -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
i
PASSED: day of 12005.
APPROVED: day of 92005.
PUBLISHED: day of , 2005.
I hereby certify that this is a true copy of Ordinance No. passed
by the city council of the city of Kent, Washington, and approved by the mayor of the
city of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P 1c1"1%0RDINANCE\VerateSE278Street doc
3 Street Vacation-
SE 27e Street
EXHIBIT"A"
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 22 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY, WASHINGTON,DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 30 FEET
OF SAID NORTH HALF WITH THE EAST LINE OF SAID NORTH HALF; THENCE
NORTH 89021'30" WEST ALONG SAID NORTH LINE 440 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 89021'30" WEST 169.90 FEET; THENCE SOUTH
00055'38" WEST 39.00 FEET; THENCE SOUTH 89°39'30"EAST 12.27 FEET TO A POINT
OF CURVATURE; THENCE ON A CURVE TO THE LEFT IN A NORTHEASTERLY
DIRECTION HAVING A RADIUS OF 414.43 FEET, AN ARC OF 139.20 FEET; THENCE
NORTH 79034'22" EAST 21.68 FEET; THENCE NORTH 00°55'38" EAST 10.90 FEET TO
THE TRUE POINT OF BEGINNING. EXCEPT THE SOUTHERLY 5.00 FEET THEREOF.
RESERVING HOWEVER UNTO THE CITY THE RIGHTS TO GRANT UTILITY ,
EASEMENTS TO ANY PRIVATE OR QUASI-PRIVATE UTILITY SUCH AS, BUT NOT
LIMITED TO, POWER, GAS, TELEPHONE OR CABLE TV WHICH HAS EXISTING
FACILITIES WITHIN (UNDER, UPON AND/OR OVER) THE STREET RIGHT-OF-WAY
PETITIONED TO BE VACATED. THE WIDTHS AND LOCATIONS OF SAID
EASEMENTS SHALL BE ESTABLISHED AT THE TIME OF GRANT. ALSO
RESERVING UNTO THE CITY OF KENT AN EASEMENT FOR UTILITIES IN SAID
STREET RIGHT-OF-WAY.
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IEXHIBIT _"B"
After a review of the comments received, the Planning Services Office recommends that the
request to vacate a portion of SE 278'h Street
be APPROVED mth the folio%+mg 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
1 3) For any private or quasi-pro.ale 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
i 4) Should Water District WI I I and,'oi Soos Creel. 1i,ater and Sewer District have
existing facilities within (under, upon and-or o%er) the right of way petitioned to
be vacated, the petitioner shall ;giant said District(s) an easement for the operation
and maintenance of same
5) The legal description of the right of i;ay to be vacated shall be as denoted in the
petition less that portion of said SE 278"' Street right of way which lies southerly
of a line that is parallel to and 30 feet northerly and perpendicular to the
pavement centerline of said street as measured between the face of curb and face
of curb and as established at the petitioner's sole expense by a Washington State
licensed Land Surveyor after review and approval by the City's Public Works
Department
i
!j REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC SAFETY COMMITTEE
D. PUBLIC WORKS
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E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
LON C.,Uf oqi� fu D
F. PARKS AND HUMAN SERVICES COMMITTEE
1 G. ADMINISTRATIVE REPORTS
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REPORTS FROM SPECIAL COMMITTEES
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1 KENT
OPERATIONS COMMITTEE MINUTES
FEBRUARY 1,2005
Committee Members Present: Acting Chair,Julie Peterson and Bruce White
Chair Tim Clark was absent from the meeting
The meeting was called to order by Acting Chair Julie Peterson, Chair at 4.06 p.m.
1. APPROVAL OF MINUTES DATED.JANUARY 18,2005
Bruce White moved to approve the minutes of the January 18, 2005, Operation
1 Committee meeting. The motion was seconded by Julie Peterson seconded the nrobon,
which passed 3-0, with concurrence by Tim Clark.
2. APPROVAL OF VOUCHERS DATED JANUARY 31. 2005
Finance Manager Bob Nachlmger presented the vouchers for January 31, 2005, for approval.
Bruce White moved to approve the vouchers dated January 31, 2005. Julie Peterson
seconded the motion, which passed 3-0, ►+ith concurrence by Tim Clark.
3. BUDGET CHANGE FOR FIREFIGHTERS' CONTRACT
Finance Manager Bob Nachlmger presented the Budget Change for Firefighters' Contract. Mr.
Nachlmger advised that the Fireftghtei's contract �),as approved by City Council at its regular
meeting on January 18, 2005, This budget change increases the budget to agree with the teens
of the contract. General Fund expendituies increased by $294,361, reducm, budgeted ending
1 fund balance. Mr. Nachhngei stated that when the 2005 budget was in developmen, the
salaries and benefits for Firefighters "ere estimated assuming a COLA equivalent to 10007u
CPI, and healthcare contributions by employees equivalent to 10% of the total premium The
budget also assumed normal increases based on progression through the salary plan and
longevity based on tenure The coati act as agreed exceeds the estimated and budgeted costs by
$294,361. This budget change recognizes those costs as previously unbudgeted and adds them
to the Fire Department.
Bruce White moved to recommend the Council approve the budget.change related to the
Firefighters' contract, increasing the General Fund budget by$294,361. Julie Peterson
seconded the motion,which passed 3-0,with concurrence by Tim Clark.
Operations Con-unittee Minutes
February 1, 2005
Page: 2
2004 4TH OUARTER FINANCIAL,REPORT
Assistant Finance Director Cliff Craig presented the 2004 4`" Quarter Financial Report,which ,
included a Power Point presentation. As this Report was for informational purposes only,no
action was required.
The meeting was adjourned at 4 19 p.m.
Renee Cameron
Operations Committee Secretary ,
Kent Parks and Human Services Committee Meeting
1 January 20,2005
The regular meeting of the Kent City Council Parks and Human Services Committee was called
to order at 4.05 p.m by Chair Deborah Ranniger.
Committeemembers present: Chair Deborah Ranniger, Tim Clark, Debbie Raplee
1. Approval of Minutes. Tim Clark moved to approve the minutes of the Parks and Human
1 Services Committee meeting of December 2, 2004. The motion was seconded by Debbie Raplee
and the motion passed 3-0.
j 2. East Hill Skate Park Land Donation - Accept and Amend Budget. Arbor Village
Assisted Living Community is owned and operated by Olympus Assisted Living LLC Olympus
donated one acre of land at Arbor Village, which is adjacent to city-owned property and future
' site of the East Hill Skate Park. In exchange for the donation, the park's master plan was re-
designed to include certain amenities requested by the residents of Arbor Village. The land
donation is valued at $90,000.
Debbie Raplee moved to recommend accepting the land donation from Olympus Assisted
Living, LLC, authorizing the expenditure of funds in the East Hill Skate Park budget for closing
costs and allowing the Mayor to execute a land donation agreement, subject to review by the
City Attorney. The motion was seconded by Deborah Ranniger and passed 3-0
3. Fourth Quarter Fee-In-Lieu Funds - Accept and Amend Budget. Between October and
December 2004, the City of Kent received a total of$31,200 00 from developers who voluntarily
paid fees in lieu of dedicating park land to mitigate the development of single family homes in
two subdivisions. Bakke Development Inc paid $11,350 00 for Wildwood Ridge Development
and KBS Development Corporation paid $19.350 00 for Garrison Greens Development.
Tim Clark moved to recommend accepting the fee-in-lieu funds from contractors in the amount
of$31,200 00 and authorizing the expenditure of funds in the Basketball Court Development and
Clark Lake budgets. The motion was seconded by Debbie Raplee and passed 3-0.
4. King County Youth Sports Grant - Accept and Amend Budget. The City of Kent has
been awarded a King County Youth Sports Facility Grant from King County Department of
Natural Resources and Parks to purchase and construct climbing boulders at the new Service
Club Park. The boulders will be designed for children/beginners and will be located near the
adult/advanced climbing features
Debbie Raplee moved to recommend accepting the $17.000 000 Youth Sports Facility Grant
from King County and authorizing the expenditure of funds in the East Hill Skate Park budget.
The motion was seconded by Tim Clark and passed 3-0.
Parks and Human Services Committee Minutes January 20,2005
5. Service Club Park Donations-Accept and Amend Budget. The$8,500 00 from Kent
Sunrise Rotary Club and$1,824 72 from Kiwanis Club of Kent are partial payments from
original pledges made in 1999 to support the construction of Service Club Park. To recognize
their contributions, play fields will be named for each club The park will be under construction
this year.
Tim Clark moved to recommend accepting the $8,500.00 from Kent Sunrise Rotary Club and
$1,824 72 from Kiwanis Club of Kent and authorizing expenditure of funds in the Service Club
Park budget. The motion was seconded by Debbie Raplee and passed 3-0.
Deborah Ranniger stated that the community participation and support for parks is impressive.
6. Kent Pool Funding - Approve. The city took back operation of the Kent Pool from King
County in 2003. At that time, an agreement was made with Aquatic Management Group (AMG)
to operate the pool. The County made a commitment to pay $25,000.00 each year of 2003 and
2004 to fund the operation and maintenance of the pool. In 2004 the County funding ended.
AMG is requesting financial support from the City to pay for general maintenance and
emergency repairs of the aging pool.
Aquatic Management Group staff member Brian Brucheres shared improved scats on pool use
and lessons. Mr. Brucheres thanked facility department for making much needed repairs to the
water heaters and boiler. Director John Hodgson outlined different options to fund the operation
of the pool. It was decided that the life span of the pool will be examined, with focus on its
future. To save time and money, it was determined that AMG will submit financial reports only
as repairs are needed.
Debbie Raplee moved to recommend that up to $25,000.00 be allocated to the Kent Pool General
Operation budget from the Youtii/Teen Utility Tax account and that $25,000 00 be allocated
from the Facilities Emergency Capital Repairs account for repairs to the Kent Pool. Furthermore,
that the funds be allocated only if needed following financial concurrence from the Finance
Director and Parks Director. The motion was seconded by Deborah Ranniger and passed 3-0.
7. Aquatic/Recreational Facility Feasibilitv Study- Informational.Director John Hodgson
presented an overview of the process for conducting the Aquatic/Recreation Facility Feasibility
Study, along with a tentative timeline and consultant scope of work
Discussion followed regarding citizen participation and that it would be early in the planning
process. It was decided that a strategic plan will be presented to the committee in 2005.
The meeting adjourned at 4:50 p.m.
Teri Petrole
Parks and Human Services Committee Secretary
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1 1
I PUBLIC WORKS COMMITTEE MINUTES
January 3, 2005
COMMITTEE MEMBERS PRESENT Committee Chair Bruce White, Committee
' Member Debbie Raplee and Committee Member Ron Harmon
The meeting was called to order by Committee Chair Bruce White at 5:05 P.M.
Item#6 Surplus Water Department Key Lock Boxes was removed from the agenda by
Larry R. Blanchard, Acting Public Works Director.
Approval of Minutes Dated December 6, 2004
Committee Member Ron Harmon moved to approve the minutes of December 6, 2004
The motion was seconded by Debbie Raplee and passed 3-0
Local Hazardous Waste Management Program
Robyn Bartell, Conservation Specialist said the amendment is to change the contract
1 amount, period and scope of services.
Debbie Raplee moved to recommend authorizing the Mayor to sign the Local
Hazardous Waste Management Program Amendment#2 in the amount of
1 $56,147.55, directing staff to accept the grant and establish a budget for the funds to
be spent within said project. The motion was seconded by Ron Harmon and passed
3-0.
LID 358—Pacific Highway S.HOV Lanes Set Public Hearing date for Confirmation
of Final Assessment Roll
Tim LaPorte, Design Engineering Manager said the Public Works Department is ready to
confirm the final assessment roll for LID 358 and requests the public hearing date be set
for the February 15, 2005 council meeting
Ron Harmon moved to recommend the City Council set February 15,2005 for the
public hearing on the confirmation of the final assessment roll for LID 358. The
motion was seconded by Debbie Raplee and passed 3-0
Grant Easement to Puget Sound Energy
Tim LaPorte, Design Engineering Manager stated as part of the 2004 Joint Utility Trench
Project PSE will require the installation of a switch cabinet on City owned property This
property is intended to be sold to Tarragon for future phases of Kent Station
Debbie Raplee moved to recommend authorizing the Mayor to execute the
respective document(s) granting an easement for underground utility facilities at
Kent Station. The motion was seconded by Ron Harmon and passed 3-0.
Vehicle and Equipment Surplus
Alice Conrad, Fleet Superintendent said the listed vehicles/equipment comply with
current replacement policy guidelines and have been replaced. The equipment will be
sold at auction or sold to smaller cities
Ron Harmon moved to recommend the City Council authorize staff to
appropriately dispose of the equipment as described in this memorandum and listed
below. The motion was seconded by Debbie Raplee and passed 3-0
' The meeting adjourned at 5:25 P M.
Janet Perschek
Administrative Assistant
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CONTINUED COMMUNICATIONS
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION