HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/16/2005 City of Kent
CityCouncil Meeting
Agenda
August 16, 2005
Mayor Jim White
Deborah Ranniger, Council President
Councilmembers
Tim Clark Debbie Raplee
Ron Harmon Les Thomas
Julie Peterson Bruce White
O
KENT
WA5HINGTON
' City Clerk's Office
1
KENT CITY COUNCIL AGENDAS
KEN T August 16, 2005
w^5 Council Chambers
MAYOR Jim White COUNCILMEMBERS• Deborah Ranmger, President
Tim Clark Ron Harmon Julie Peterson
Debbie Raplee Les Thomas Bruce White
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Municipal Lot Block/Project Springboard Nathan Torgelson 30 min
2. Pacific Highway South Access Management Tim LaPorte 10 min
3. Freight Mobility Public Works Staff 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 —Citizens may request that an item be added to the
agenda at this time. Please stand or raise your hand to be recognized by the
Mayor.
4. PUBLIC COMMUNICATIONS
A. Financial Update by Finance Director Nachhnger
5. PUBLIC HEARINGS
A. 36th Avenue South Street Vacation
B Ist Avenue North Street Vacation
6 CONSENT CALENDAR
A. Minutes of Previous Meeting — Approve
B Payment of Bills — None
C Geo-Engineers Contract for Bolger Road Grading Project—Authorize
D Thompson Smitch Consulting Group Contract for the King Conservation District
' Grant—Authorize �7
E. Chinook Salmon Conservation Plan Resolution—Adopt / / o 7
(Continued on Back)
COUNCIL MEETING AGENDA CONTINUED
F. Washington State Department of Transportation Commute Trip Reduction
Implementation Agreement—Authorize
G. Transit Service Agreement with King County—Authorize
H. Gage's Grove Final Plat— Approve (QUASI-JUDICIAL PROCEDURE)
1. Excused Absence for Councilmember Raplee from August 2, 2005 Meeting—
Approve
7. OTHER BUSINESS
None
8. BIDS
A. City Hall Pipe Relining
B 2005 Traffic Re-striping
1 C 118th Avenue Water Main Connection to Tacoma Pipeline 5
9 REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL
COMMITTEES
10. CONTINUED COMMUNICATIONS 4.
' 6. 17/4,
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
A Pending Litigation
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the
Kent Library. The Agenda Summary page 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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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the subject of
interest, so all may be properly heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
I
B) FROM THE PUBLIC
ti
1
PUBLIC COMMUNICATIONS
1 A) FINANCIAL UPDATE BY FINANCE DIRECTOR NACHLINGER
i
1
1
1
i
Kent City Council Meeting
Date August 16, 2005
Category Public Hearings
1. SUBJECT: 36TH AVENUE SOUTH STREET VACATION
2. SUMMARY STATEMENT: Resolution No. 1704 established August 16, 2005
as the public hearing date for the petition by Legend Development to vacate a portion
of 36"' Avenue South between Retth Road and South 260`h Street. A staff report
recommending approval with conditions is included in the Council's packet.
100111
3. EXHIBITS: Staff report, Resolution No. 1704 and map
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc )
5 FISCAL IMPACT
Expenditure" No Revenue? Per M.A.I. appraisal
Currently in the Budget? Yes No X
If no
Unbudgeted Expense: Fund Amount
Unbudgeted Revenue: Fund R20036 Amount per M A I appraisal
6 CITY COUNCIL ACTION:
A. Councilmember%emoves, Councilmember WC" seconds
to close the public hearing. MC-
B. Councilmember moves, Councilmember��onds
to approve/dHapprott4Fed4y staff s recommendation of approval with conditions of
the application to vacate a portion of 361h Avenue South between Retth Road and South
2601" Street, as referenced in Resolution No 1704, and to direct the City Attorney to
1 prepare the necessary ordinance upon compliance with the conditions of approval
tDISCUSSION:
ACTION: Council Agenda
Item No 5A
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
PLANNING SERVICES
KE N T Charlene Anderson AICP, Manager
WASHINGTDN
Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
August 9, 2005
I To: Mayor Jim White, Council President Deborah Ranniger and City Council
Members
From: Charlene Anderson, AICP, Planning Manager
Through: Mayor Jim White
Subject: Report and Recommendation on an Application to Vacate a Portion of 36a'
Avenue South, between Reith Road and South 2601h Street
#STV-2005-2 (KIVA #2050926)
MOTION: To approve/disapprove/modify staffs recommendation of appro�al with conditions
of the petition to vacate a portion of 36"h Avenue South, between Rerth Road and South 260`'
Street, as referenced in Resolution No 1704, and to direct the City Attorney to prepare the
necessary ordinance upon compliance with the conditions of approval
SUMMARY: John Mastandrea on behalf of Legend Development, 510 Rainier Avenue South,
Seattle, WA 98144 requests vacation of a portion of 36`' Avenue South between Reith Road and
South 260°i Street in order to facilitate development of the site, including construction and
dedication to the City of a new public street with a revised alignment Staff recommends
approval of the street vacation with conditions outlined below.
BUDGET IMPACT: As a condition of approval, staff proposes the City is compensated in U S.
currency equal to the full appraised value of the right of way being vacated
BACKGROUND: The street proposed to be vacated is unopened right of way lying on the
West Hill of Kent. This road right of way was established by King County in 1928 and obtained
by the City through annexation in 1978. There are no City of Kent public utilities lying within
this right of way Section 6 09 060 of Kent City Code enables the City to require compensation
at the full appraised value of the right of way
STAFF RECOMMENDATION:
Staff notified the following departments and agencies of this proposed street vacation.
■ Public Works Department
■ Police
• Parks, Recreation and Community Services
■ Fire and Life Safety
■ ComCast Cable Communications Inc.
■ Puget Sound Energy
■ Qwest
I ■ Department of Transportation
■ METRO Transit Division
After a review of the comments received, the Planning Services Division recommends that the
request to vacate a portion of 36th Avenue South between Rerth Road and South 260th Street, as
described in Resolution #1704 and as shown on the accompanying map be APPROVED with
the following conditions:
1) The private property owners of the parcels abutting the street right of way to be vacated
shall compensate the City in US currency for the full appraised value of their portion of
the right of way to be vacated, less crediting toward the property owners' share of said
compensation the value of the realigned 36d' Avenue South right of way that is deeded to
the City as part of The Vineyards subdivision In no case shall the credit received by the
abutting property owners exceed their share of compensational value of the right of way
being vacated.
2) The petitioners shall deposit $3500 with the City to be used to obtain an M A 1. appraisal
of the subject property in order to determine the fan- market value of the area proposed to
be vacated Any funds not expended on an appraisal shall be applied to the compensation
due the City for the vacated right of way.
3) The City shall retain the northerly 20 feet of the proposed vacation, or as otherwise
determined by the Public Works Director, in order to provide sufficient right of way for
the future widening and improvement of Rerth Road to Minor Arterial standards This
will provide a minimum half street right-of-way width of 55 feet as measured from the
existing centerline of Rerth Road
q4 Funds received from the vacation of this right of way shall be deposited in the City's
school pedestrian walkway improvement fund (Fund #R20036).
CA\pm S\Permit\Plan\vacations\2005\2050926-2005-2CC081605 DOC
Enclosure-Map Resolution\o 1704
cc Pastor Perry Raak,Trimly Community Church,3807 South Rerth Rd,Kent,WA 98032
lohn Mastandrea and Ray Mawdslcy,Legend Development,LLC 510 Raitim Avenue South,Seattle,WA 98144
Jerry McCaughan,Property Manager
1
#STV-2005-2(KiVA#2050926)
Staff Report-City Council 08/16/05
Page 2 of 2
RESOLUTION NO. 170
A RESOLUTION of the City Council of the City
of Kent, Washington, regarding the vacation of a portion
the right-of-way on 36 Avenue South, between Reith
Road and South 260t' Street, located in the City of Kent,
Washington, and rescheduling the public hearing on the
proposed street vacation from August 2, 2005 to August 16,
2005.
RECITALS
A. A petition, attached as Exhibit A, has been filed, to vacate a portion of
the right-of-way on 36`h Avenue South, between Reith Road and South 260`h Street,
located in the City of Kent, Washington.
B. The petition is signed by the owners of at least two-thirds of the real
property abutting that portion of 36t' Avenue South to be vacated, and the petition is in
all respects proper.
C. The public hearing on this street vacation petition was previously
scheduled to be held at the City Council's regularly scheduled meeting at 7:00 p.m. on
August 2, 2005. However, due to the annual National Night Out event, the City
Council's meeting on August 2, 2005, will continence at 5:00 p.m. instead of 7:00 p.m.
Accordingly, it is proper to adopt a resolution rescheduling the public hearing to the
City Council's regularly scheduled meeting on August 16, 2005, at 7 00 p.m.
L1 3e Avenue S—R.O.W. Vacation
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. —Public Nearing. A public hearing on the street vacation petition
requesting the vacation of a portion of the right-of-way on 361h Avenue South, between
Reith Road and South 260' Street, shall be held at a regular meeting of the Kent City
Council at 7:00 p.m., Tuesday, August 16, 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 August 16, 2005.
SECTION 4. — Severabtlity. If any section, subsection, paragraph, sentence,
clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION S. —Ratification. Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed.
SECTION 6. -Uective Date. This resolution shall take effect and be in force
immediately upon its passage.
2 36`h Avenue S—R.O.W. Vacation
PASSED at a regular open public meeting by the City Council of the City of
Kent, Washington, this day of 2005.
61 If
CONCURRED in by the Mayor of the City of Kent this day of
2005.
if
JIM WHITE, MAYOR
ATTEST:
r✓
RENDA JACOBER,CYY CLERK
APPROVED AS TO FORM:
1 TOM BRUBAKER,CTI'Y ATTORNEY
rI 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 _e%- day of
2005.
/6&u
BRENDAJACOBER,P
CLERK
1 P4COi1 RMMVMNMVAC-76&Ave&ItOW-hbbcffmi*hoc
3 36`h Avenue S—R.O.W. Vacation
106
EXHIBIT A
STREET VACATION APPLICATION AND PETITION
107
r
jSENT laver:&5V caM?Q6
Mayor Jim While
APPLICANT.
MAILTO: NAME:_Lece-wr) DFv,=l�Prn t-
CITY OFKENT ADD1tESS: 2'Slo RA,ntit?z_Arfa_5•
Property Management
220 S.4"'Avenue 55A�m— - kid A,- 4BI44
Kent,WA 98032
ATTN: Jerry McCaughan PIIONE• L2- ') 2-76'7I'2-4--
STREET AND/OR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and Kent City Councd-
Wy,the unders3gncd abutting property owners,hctcby i cspectridly i aluest that eel tain 0 Allcy
Street hereby be vacated described as follows(Include squaic feet)
3colla p,-4e. s. i 6e}t„ez t Rai R Roca
tl .O. Wtthtn SEfeFMw/Pe AN14 RuD Sw*of IVe+ a A/W4• ,.t .Sec.;7Tw Zt.eta.
vo,,00y'e. eat rq R.D.W. so OA o` y1a�.t��.l,, P- It G�-.��.,`
Streit- COXr � e-avt str>�d2 tZnc4 cle c11 t C'O OA is �'1
with cl,.. Cliff tivch o�ttgr�mextt To b� c�sn� et.s
por+ o - neV s Rreltr,ntvtio,ry �ct9' (Ftl�*?o41441�
BRIEF STATEMENT WHY VACATION IS TIEING SOUGHT
A "CURRP.NT" ownership and encumbrnnce icpod must be obtinned from a Title
Company and submitted with this application [hat covers all the abutting properties
contiguous to alley or street sough to be vacated Wlicn Corpotations,partnerships,etc
are bung signed for, and then proof of individual's authouty to sign Cot same shall also
be submitted.
Attach a color-coded map of a scale of not less than ["=200' or the atca sought for vacation.
(NOTE) Map must correspond with legal description
AUBUTTINO PROPERTY OWNCRS TAX LOT It
SIGNATURES AND ADDRESSCS LOT,BLOCK&PLAT/SEC.TOWN R 0.
LY G-IURC+I ofIZtJ►' T. L. ZZZ20 R►3Z
51�'• o r rt�i�
L C T. L .# 212.L04
stg. � ft1,i,-nio4Qir - t " Q" uti 6
$150 00 Fee Paid Gr S �j9��S Ticasuier's Rcccipt No
Appraisal Fee P.ud Ticasuier's Reccipt No
Land Value Paid Treasui ci's Receipt No
Deed Accepted Date
Trade Accepted Date
' P WWK%14%x"Y4u,F�Al.nW"1e4\i l.-n%V-A..Aq.&K
I
\J 1
EXISTING 9 •/ y %w
36th AVE. S. �? TRINITY �vV
TO 8E / REFORMED i VACATED % / CHURCH '
28051 SF
TL. f
#272204 9132
/ Q�j•/ LEGEND
/ DEVELOPMENT,
LLC
;
T.L. .1. ,.
#272204 9OD6 / '
_ S. 280th_ST._______ /
--------
36th AVENUE S.
#STV-2005-2
(KIVA #RESV-2050926)
1
Kent City Council Meeting
Date August 16, 2005
Category Public Hearings
1. SUBJECT: 1ST AVENUE NORTH STREET VACATION
2. SUMMARY STATEMENT: Resolution No. 1702 established August 16, 2005 as
the public hearing date for the petition by Tarragon-Kent Station Phase I, LLC to vacate
a portion of ls` Avenue :North south of James Street. A staff report recommending
approval with condition/ is included in the Council's packet.
3. EXHIBITS: Staff report, Resolution No 1702 and map
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc )
5. FISCAL IMPACT
Expenditure'? No Revenue? Per appraisal or Public Works neiTotiation
Currently in the Budget? Yes No X
If no•
Unbudgeted Expense. Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:j `"�j
A. Councilmember Wy oves, Councilmember � seconds
to close the public hearing,, ` y1c,
B. Councilmembe takes, Councilmember 4aftnds
to approve3+ staff s recommendation of approval with conditions of
the application to vacate a portion of I" Avenue North south of James Street, as
referenced in Resolution No 1702, and to direct the City Attorney to prepare the
necessary ordinance upon compliance with the conditions of approval
DISCUSSION:
ACTION: �Y�C/
Council Agenda
Item No 5B
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
PLANNING SERVICES
KEIV T Charlene Andctson,AICP, Manager
WASHINGTON
Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent WA 98032-5895
August 9, 2005
To: Mayor Jim White, Council President Deborah Ranntger and City Council
Members
From: Charlene Anderson, AICP, Planning Manager
Through: Mayor Jim White
Subject: Report and Recommendation on an Application to Vacate a Portion of I"Avenue
North, south of James Street
#STV-2005-4 (KIVA #2051844)
MOTION: To approve/disapprove/modify staff s recommendation of approval with conditions
of the petition to vacate a portion of 1" Avenue North, south of James Street, as referenced in
Resolution No 1702, and to direct the City Attorney to prepare the necessary ordinance upon
compliance with the conditions of approval.
SU.N4MARV: Kristin Jensen on behalf of Tarragon-Kent Station Phase 1, LLC, 1000 Second
Avenue, Suite 3200, Seattle, WA 98104 requests vacation of a portion of is'
Avenue North,
south of James Street in order to facilitate development of the site Staff recommends approval
of the street vacation with the condition outlined below
BUDGET IMPACT: As a condition of approval, staff proposes the City is compensated in an
amount equal to the full appraised value of the right of way being vacated
BACKGROUND: The portion of the street proposed to be vacated is an unimproved nght
of way There are no utilities located within the right of way proposed to be vacated
STAFF RECOMMENDATION:
Staff notified the following departments and agencies of this proposed street vacation.
■ Public Works Department
■ Police
■ Parks, Recreation and Community Services
■ Fire and Life Safety
• ComCast Cable Communications Inc.
■ Puget Sound Energy
■ Qwest
■ Department of Transportation
■ METRO Transit Division
1
i
After a review of the comments received, the Planning Services Division recommends that the
request to vacate a portion of "t Avenue North, south of James Street, as described in Resolution
#1702 and as shown on the accompanying map be APPROVED with the following conditions
1) The petitioner shall compensate the City in an amount equal to the full appraised value of
the area to be vacated
CA\pm S\Permit\Plan\vacations\2005\2051844-2005-4CC081605 DOC
Enclosure Map,Resolution No 1702
cc Kntitm Jensen,Tarragon-Kent Station Phase 1,LLC, 1000 Second Ave,Suite 3200,Seattle,WA 98104
Jerry McCaughan Property Manager
I
1
t
4STV-2005-2(KNA#2050926)
Staff Report-City Council 08/16/05
Page 2 of 2
RESOLUTION NO. 001-
A RESOLUTION of the City Council of the City
of Kent, Washington, regarding the vacation of a portion of
I" Avenue North, located in the City of Kent, Washington;
and setting the public hearing on the proposed street
vacation for August 16, 2005.
RECITALS
A. A petition, attached as Exhibit A, has been filed to vacate 100 square
feet of I"Avenue North in the City of Kent, Washington.
B. The petition is signed by the owners of at least two-thirds of the real
property abutting that portion of I"Avenue North to be vacated.
C. The petition is in all respects proper.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
13 SECTION]. —Public Hearing A public hearing on the street vacation petition
requesting the vacation of a portion of I" Avenue North, shall be held at a regular
meeting of the Kent City Council at 7:00 p.m., Tuesday, August 16, 2005, in the
1 I"Avenue North—
Street Vacation
Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington,
98032.
SECTION Z. —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 August 16, 2005.
SECTION 4. — Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION 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
immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City of
Kent,Washington,this day of July,2005.
CONCURRED in by the Mayor of the City of Kent this day of July,
2005.
JIM WHITE,MAYOR
2 1 S`Avenue North—
Street Vacation
ATTEST:
BkENDA JACOBER, CIT CLERK t d No 0
APPROVED AS TO FORM:
a - /qv�
TOM BRUBAKER, CITY AT ORNEY
I hereby certify that this is a true and correct copy of Resolution No4ja;-passed
by the City Council of the City of Kent,Washington, the�day of July,2005.
1 BRENDA JACOBER,MY CLERK
P.'Gw�NtESOIASf'IOMSTVAC�KartSmroa-lac%re.PuWicNmm{doc •. �
a da
` 3 15 Avenue North—
Street Vacation
i0� p ECEBVE
WAY 31 2DO5 vA
#' -
Mayor Jim White aTY OF KENT LICANT:
U
cm ataK
MAIL TO: NAME:7*xicA600J-Kr-or rnrnanr
PNtfE /, LLG
CITY OF KENT ADDRESS: /oeo S'Etanio 4v.Snirr 3roo
Property Management
220 S.40s Avenue TEA7YLE,Wsl
Kent,WA 98032 78/0¢
06-2
ATTN: Jerry McCaughan KN 90 v
PHONE: a6.133. 9600
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 ❑Alley
Street hereby be vacated described as follows(include square feet).
/D o sF As attachcf. ,
BRIEF STATE MI NT WHY VACATION IS BEING SOUGHT
A "CURRENT ownership and encumbrance report must be obtained from a Title
Company and submitted with thus application that covers all the abu ling properties
contiguous to alley or street sough to be vacated. When Corporations, partnerships, 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.
AUBUTTING PROPERTY OWNERS TAX LOT#
SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC TOWN.R.G.
TArCotA6oia-k-e-t4r STA77614pH4rE /,[Gc 2f22o4 -T/93
Ty:T.. a,..� c�c,Sh nb .1.-
L e7' 3 e P 6r-•1 30 LG-loaf—/6
S 150 00 Fee Paid -/ 1193 6 Treasurer's Receipt No.:
Appraisal Fee Paid Treasurer's Receipt No.:
Land Value Paid Treasurer's Receipt No.:
Deed Accepted Date:
Trade Accepted Date:
EXHIBIT "A"
Page 1 of 4
Partial Street vacation Request
This request is for the vacation of the portion of I'll Avenue
described on the attached exhibit. This 100 square foot area was
claimed by the City of Kent for the purpose of placing utility vaults.
The planned vaults were never installed and the area remains
unused. The engineering department has indicated no further need
for this area and as such we respectfully request that it be vacated
so that the land may be incorporated into our adjacent
development.
EXHIBIT "A"
Page 2 of 4
• 1
pECEBvE
MAY 3 1 2M
Cm'or KENT
Ott CLERK
KENT STATION
TRIAD JOB NO.02-113
LEGAL DESCRIPTION: PROPOSED VACATION AREA
THAT PORTION OF FIRST AVENUE NORTH CONVEYED TO THE CITY OF KENT FOR ROADWAY
'AND UTILITY PURPOSES BY QUIT CLAIM DEED RECORDED UNDER KING COUNTY
RECORDING NUMBER 20030220000365 AND ADJOINING LOT 3,CITY OF KENT BOUNDARY
LINE ADJUSTMENT LL-2004-16, RECORDED UNDER KING COUNTY RECORDING NO.
20040625900004 BEGINNING ATA POINT ON THE WEST MARGIN OF FIRST AVENUE NORTH
FROM WHICH THE SOUTHEAST CORNER OF SAID LOT 3 BEARS SOUTH 01 03813D"WEST
181.49 FEET DISTANT:THENCE NORTH 88"21'30'WEST 10.00 FEET;THENCE NORTH
01038'30'EAST 10.00 FEET;THENCE SOUTH 88°21'30'EAST 10.00 FEET TO THE WEST
MARGIN OF FIRST AVENUE NORTH;THENCE SOUTH 01038'30'WEST ALONG SAID MARGIN
10.00 FEET TO THE POINT OF BEGINNING.
WRITTEN BY:
CHECKED BY:
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\ 12112 1 ISM AVENUE NE*Wand.Washington 98034.9623
TRLAD42S.82 1.344$-800 4 M0756•Fax 425.821.3481
ASSOCIATES
wwwAladatsocmm
Ldhd Development
1
EXHIBIT "A"
Page 4 of 4
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CONSENT CALENDAR
6. Citv Council Action.
Councilmember w moves, Councilmember
seconds to approve Consent Calendar Items A through I
0 rYl.D
Discussion
Action
6A. Approval of Minutes.
Approval of the minutes of the special Council meeting of August 2, 2005,
6B. Approval of Bills
No numbers were available for approval
� C
Nit.
� � v
r�
Council Agenda
Item No 6 A-B
KEN T Kent City Council Meeting
W4bHINGTON August 2, 2005
The special meeting of the Kent City Council was called to order at 5 00 p m by Mayor White
Councilmembers present Clark, Harmon, Peterson, Ranniger, Thomas and White (CFN-198)
CHANGES TO THE AGENDA
Mayor White announced due to the special meeting there would be no changes to the agenda.
CAO Martin announced that there would be no executive session
PUBLIC COMMUNICATIONS
A. Employee of the Month. (CFN-147) Mayor White announced Jim McKenney of
Information Technology as the Employee of the Month
B. Economic Development Update. (CFN-198) Nathan Torgelson, Economic Development
Manager, gave a brief update on the municipal lot block.
PUBLIC HEARING
A Municipal Lot Block Alley Vacation. (CFN-102) Resolution No. 1703 established
August 2, 2005 as the public hearing date for the petition by the City of Kent to vacate the entire
public alley within Block 7 of Yeslers ls`Addition to Kent in Volume 5 of Plats Page 64 in King
County, Washington, running east and west through the "Municipal Lot Block" which is bounded
by 4`" Avenue North, West Smith Street, 2°a Avenue North and West Harrison Street Charlene
Anderson, Planning Manager, explained where the alley vacation is and the conditions associated
with this alley vacation Mayor White opened the public hearing. Suzanne Cameron, Kent
Development Partnership President, spoke in support of the alley vacation PETERSON MOVED
to close the public hearing Clark seconded and the motion carried
CLARK MOVED to approve staff s recommendation of approval with conditions of the applica-
tion to vacate the entire public alley within Block 7 of Yeslers l'r Addition to Kent in Volume 5 of
Plats Page 64 in King County, Washington, running east and west through the "Municipal Lot
Block" which is bounded by 0' Avenue North, West Smith Street, 2nd Avenue North and West
Harrison Street, as referenced in Resolution No 1703, and to direct the City Attorney to prepare
the necessary ordinance upon compliance with the conditions of approval White seconded and
the motion carried RANNIGER MOVED to make a letter from Kent C.A.R.E S a part of the
record Harmon seconded and the motion carried
CONSENT CALENDAR
RANNIGER MOVED to approve Consent Calendar Items A through T. Harmon seconded and
the motion tamed.
A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of July 19,
2005 were approved
B Approval of Bills (CFN-104) Payment of the bills received through July 15 and paid on
July 15 after auditing by the Operations Committee on July 19, 2005 was approved.
1
Kent CityCouncil Minutes
August 2, 2005
Approval of checks Issued for vouchers:
Date Check Numbers Amount
7/15/05 Wire Transfers 2101-2120 $1,819,875 46
7/15/05 PrePays & 580446 530,885 35
7/15/05 Regular 581084 t,283,441.55
7/16/05 Use Tax Payable 2,67893
$3,636,881.29
Approval of checks issued for payroll for July 1 through July 15 and paid on July 20, 2005-
Date Check Numbers Amount
7/6/05 Interim Check 284934 $ 46770
6/20/05 Void Check 284460 (468 23)
7/13/05 Interim Check 284935 468.23
7/20/05 Interim Check 285269 1,341.81
$ 1,809.51
7/20/05 Checks 284936-285268 278,343 45
7/20/05 Advices 182727-183413 1,261,549.27
$1,539,892.72
C Pfaff Rezone Ordinance. (Quasi-Judicial Proceeding) (CFN-121) Ordinance No. 3757
relating to land use and zoning, specifically the rezoning of approximately 19 5 acres of property
located at 27864 1241h Avenue SE from Single Family Residential 4 5 units per acre (SR-4 5) to
Single Family Residential 6 units per acre (SR-6) was adopted (Pfaff Rezone, #RZ-2004-6)
D Central Avenue Green River Bridge Interlocal Agreement with King County.
(CFN-1038) The Mayor was authorized to sign the Interlocal Agreement with King County for
cleaning and painting of the Central Avenue Green River bridge, upon concurrence by the City
Attorney and the Public Works Director.
E. Soos Creek Water and Sewer District, Sewer Easement. (CFN-470) The Mayor was
authorized to execute the respective document(s) granting an easement for an existing sewer line
to Soos Creek Water and Sewer District.
F. King Conservation District Grant. (CFN-1038) The Mayor was authorized to sign the King
Conservation District Grant for 2005, in the amount of$40,000.00, direct staff to accept the grant
and to establish a budget for the same
G Resolution Setting Hearing Date For Cedar Street & Hazel Avenue Street Vacation.
(CFN-102) Resolution No 1705 setting a public hearing date of September 6, 2005 for the street
vacation located along a portion of Cedar Street east of Hazel Avenue was adopted
H Amrik Warehouse Building Infrastructure, Bill of Sale. (CFN-484) The Bill of Sale
for Amrik Warehouse Building Infrastructure Improvements submitted by John J Pittinan for
continuous operation and maintenance of 175 feet of watermain and 289 feet of storm sewer was
accepted. The bonds are to be released after the maintenance period This project is located at
t8817 84`" Avenue South
2
Kent City Council Minutes August 2, 2005
L Autumn Glen Infrastructure Improvements, Bill of Sale. (CFN-484) The Bill of Sale for
Autumn Glen Infrastructure Improvements submitted by Hal P. Grubb for continuous operation
and maintenance of 690 feet of watermain, 105 feet of sewers, 800 feet of street improvements and
933 feet of storm sewer was accepted
J. 5th Avenue Venture Infrastructure Improvements, Bill of Sale. (CFN-484) The Bill of
Sale for 5`h Avenue Venture Infrastructure Improvements submitted by Pat Tattano for continuous
operation and maintenance of 60 feet of watermam, 345 feet of street improvements and 97 feet of
storm sewer was accepted
K Mid-Year Budget Adjustment Ordinance. (CFN-186) Ordinance No 3758 approving the
consolidating gross budget adjustment ordinance totaling S20,087,991 for budget adjustments
made between January 1, 2005 and June 30, 2005 was adopted
L. Capital Projects Reimbursement Resolution. (CFN-104) Resolution No. 1706 designating
the Finance Director as the official authorized to project reimbursements was adopted. This
resolution will allow, under the IRS guidelines, the City to advance the funds for the Service Club
Ball Fields project and reimburse the City from the ultimate proceeds of a bond issue.
M. Lofting Tax Advisory Board Member Appointments. (CFN-1170) The appointment
of Jacquic Alexander (Executive Director of the Kent Downtown Partnership) and Denise Gray
(Manager of the Marriott Town Place Suites in Kent) to additional three-year terms on the
Lodging Tax Advisory Board was confirmed.
N. Washington State Arts Commission Arts Education First Step Grant. (CFN-118) The
Arts Education First Step Grant from the Washington State Arts Commission in the amount of
$4,000 for arts curriculum training was accepted, and the expenditure of funds in the Arts
Commission budget was authorized
O. Kint County Human Services Communitv and Human Services Developmental
Disabilities Grant. (CFN-I 18) The Community and Human Services Developmental Disabilities
Grant from King County in the amount of$14,000 for the `Access the Future" computer program
was accepted, and the expenditure of funds in the Adaptive Recreation budget was authorized.
P. Second Quarter Fee-in-Lieu of Funds. (CFN-118) The fee-in-lieu of funds from developers
in the amount of$101,400 was accepted, and the expenditure of funds in the Turnkey
Neighborhood Park budget, East Hill Skate Park budget and 272nd Street Park budget was
authorized
Q Interageney Committee for Outdoor Recreation Aquatic Lands Enhancement Account
Grant. (CFN-1 18) The Aquae(, Lands Enhancement Grant from the Interagency Committee for
Outdoor Recreation in the amount of$498,836 for development of Riverview Park was accepted,
the expenditure of funds in the Riverview Park budget was approved, and the Mayor was
authorized to sign the agreement, upon review by the City Attorney.
R Wilson Plavfields Cell Tower Lease Agreement. (CFN-118) The annual payment of
$15,600 from VoiceStream PCS III for placement of a cell tower at Wilson Playfields was
3
Kent City Council Minutes August 2, 2005
accepted, the expenditure of funds in the Light Pole Replacement budget was approved, and the
Mayor was authorized to sign the lease agreement, upon review by the City Attorney.
S. Wilson Playfields Easement Agreement. (CFN-118) The Mayor was authorized to sign
the Easement Agreement with Soos Creek Water and Sewer District for sewer lines at Wilson
Playfields, upon review by the City Attorney.
T Municipal Lot/2nd Avenue Improvements Agreement. (CFN-1298) The Mayor was
authorized to sign the agreement with Portico, Inc in the amount of$81,609 to provide schematic
design services for the Town Square Parld2nd Avenue improvements, upon review by the City
Attorney
REPORTS
Public Safety Committee. (CFN-198) Ranniger reminded everyone of National Night Out this
evening.
ADJOURNMENT
THOMAS MOVED to adjourn at 5 12 p m White seconded and the motion carried. (CFN-198)
Mary Simmons
Deputy City Clerk
4
Kent City Council Meeting
Date August 16, 2005
Category Consent Calendar
1. SUBJECT: GEO-ENGINEERS CONTRACT FOR BOLGER ROAD GRADING
PROJECT —AUTHORIZE
' 2 SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services
Agreement with Geo-Engineers to provide inspection and testing assistance for the
S 228`h Street Corridor Bolger Road Grading project upon concurrence from the City
Attorney and Public Works Director.
3. EXHIBITS: Public Works memorandum and Consultant services agreement
4 RECOMMENDED BY: Public Works Committee
i (Committee, Staff, Examiner, Commission, etc )
+� 5. FISCAL IMPACT
Expenditure's X Revenue?
Currently in the Budget? Yes X No
If no.
Unbudgeted Expense: Fund Amount S
Unbudgeted Revenue: Fund Amount S
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6C
PUBLIC WORKS DEPARTMENT
Larry Blanchard Public Works Director
Phone 253-856-5500
Fax 253-856-6500
K E N T
WASHINGTDI Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: July 27, 2005
TO: Public Works Committee
FROM: Stan Wade, Construction Engineering Manager
THROUGH- Larry Blanchard, Public Works Director
SUBJECT: Geo-Engineers Contract for Bolger Road Grading Project
MOTION- Recommend authorizing the Mayor to sign the contract with Geo-Engineers in
an amount not to exceed $49,306.73 to provide the City of Kent inspection and testing
assistance for the South 2281s Street Corridor Bolger Road Grading project upon
concurrence of the language therein by the City Attorney and Public Works Director.
SUMMARY: This contract will provide the City of Kent construction inspection and testing
assistance for LID- S 228`h Street Corridor Bolger Road Grading It will be necessary to
provide the expertise of a geotechnical engineer to evaluate the progress and installation of a
retaining wall and to monitor the compaction of fill material Part of this work could be handled
in house except that this year's work load has forced us to contract out part of our inspection
services.
BUDGET IMPACT There will be no unbudgeted fiscal impacts as a result of this contract.
BACKGROUND: This project is one of many projects associated with the S 228`h Corridor.
This project includes grading from the completed grade and fill project at the west end of the
future S 228`h roadway to Military Road. It includes grading, filling and a retaining wall.
Mayor White and Kent City Council I
l
•
KENT
WASHI"OTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
GeoEngineers, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and GeoEngineeis, Inc. organized under the laws of the State of Washington, located
and doing business at 1101 Fawcett Avenue, Suite 200, Tacoma, WA 98402, Phone (253) 383-4940/Fax-
(253) 383-4923, Contact Gary Henderson, P E (hereinafter the "Consultant")
I. DESCRIPTION OF WORK
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications
The Consultant shall provide geotechnical engineenng services for the S. 228th Street Corridor
Bolger Road Grading project For a detailed description, see the Scope of Work which is
attached as Exhibit A and incorporated by this reference
Consultant further represents that the services furnished under this Agreement will be performed in
Iaccordance with generally accepted professional practices in effect at the time those services are performed
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by November 15, 2005
III. COMPENSATION.
A The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty
Nine Thousand, Three Hundred a nd S ix D ollars and s eventy t hree c ents ($49,306 73) 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 B
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
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
portion of the invoice not in dispute In that event, the parties will i mmediately 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 thisi
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 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 Administrative
Policy 12, and upon completion of the contract work, file the attached Compliance Statement
VIL INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of�
this Agreement, except for that portion of the injuries and damages caused by the City's negligence
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds tol
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 THEI
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER
The provisions of this section shall survive the expiration or termination of this Agreement
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and m the amounts described in Exhibit C attached and incorporated by this reference
CONSULTANT SERVICES AGREEMENT- 2
(Over S10,000)
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement,
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City All records submitted by the City to the Consultant will be safeguarded by the
Consultant Consultant shall make such data, documents, and files available to the City upon the City's request
The 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
XI. CITY'S RIGHT OF INSPECTION. E ven 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 w ork must meet t he approval o f t he C ity and shall b e subject to the C ity's general right o f
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
XIII. MISCELLANEOUS PROVISIONS.
A Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable A price preference
may be available for any designated recycled product
B Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington If the 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 ansing from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement
D Written Notice All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
E Assignment Any assignment of this Agreement by either party without the wntten 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 m 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 tlus Agreement. All of the above documents are hereby made a part of this Agreement
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By: By
(signature) (signature)
Print Name Print Name Jim White
Its Its Mayor
(Title) (Title)
DATE. DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Gary Henderson, P E Larry R Blanchard
GeoEngineers, Inc City of Kent
1101 Fawcett Avenue, Suite 200 220 Fourth Avenue South
Tacoma, WA 98402 Kent, WA 98032
(253) 383-4940 (telephone) (253) 856-5500 (telephone)
(253) 383-4923 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
GeoEngmeers-Bolger Rd/Wade
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
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 12
2 During the time of this Agreement I wilt 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 wilt be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above
By signing below, I agree to fulfill the five requirements referenced above
Dated this day of 200_
By
For.
Title-
Date:
' EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER 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 A111
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`
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 200_
By
For
Title,
Date
EEO COMPLIANCE DOCUMENTS-3
EXHIBIT A
GEOENGINEERS, INC.
CITY OF KENT ENGINEERING DEPARTMENT
L.I.D. 353 - SOUTH 228T11 STREET/BOLGER ROAD GRADING
GEOTECHNICAL ENGINEERING SERVICES '
KENT, WASHINGTON
FILE NO: 0410-106-07
1. Attend pre-construction meeting
2. Observe till placement and take field moisture/density tests to evaluate if it meets specifications
3. Sample material imported to site to evaluate 1f it is as specified
4. Perform laboratory testing on each of the different soils used for fill to develop maximum dry
density in accordance with ASTM D 1557
5. Monitor cut areas for evidence of groundwater and for erosion protection
6. Coordinate project tasks
7. Track budgets and prepare invokes.
8. Provide project and invoke summaries/memoranda, as needed
GWR 1m
TACO 50%04 10 1 06107\FinalsV1010607ExhibiLA Doe
File No 0410-106-07 Page A-1 GEOENGINEERS�
July 26 2005
EXHIBIT B
CITY OF KENT ENGINEERING DEPARTMENT
L.I.D. 353 -SOUTH 228TH STREETIBOIDGER ROAD GRADING
GEOTECHNICAL ENGINEERING SERVICES
KENT, WASHINGTON
FILE NO, 0410-106-07
FEE ESTIMATE
GeoEnglneers Staff Hours
Description of services Gary Henderson Eric Heller Support
Project Management,Meetings and Construction Consultation 50 20
Field Visits(10 weeks Q 50hrlweek) Soo
Total hours 50 5o0 20
Classification Hours Rate Cost
Principal (Gary Henderson) 50 $55 00 $2,750 00
Engineer/Scientist 3 (Eric Heller) 500 $24 00 $12,000 00
Support 20 $22 00 $440 00
Subtotal Personnel Cost $15.190 00
Overhead and Profit(overhead=197%of direct costs,profit=
10%of overhead plus direct cost) $32,916 73
Subtotal Personnel $48,106 73
Other Expenses
Expendables(photographs,equipment charges mileage,etc j $1,200 00
Subtotal $1,200 00
Calculated at standard rate
Total Estimated Costs $49,306 73
GWH 1m
TACO 0504101061071Finals1041010607ExbibitBEmEshmah xls
File No 0410-106-07
July 26,2005 B-1 G o o f:n g i n e e r s
EXHIBIT C
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may apse from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below
1 Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury and
advertising injury, and liability assumed under an insured contract The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85 There shall be
no endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with respect to
the work perfonned for the City using ISO additional
insured endorsement CG 20 10 11 85 or a substitute endorsement providing
equivalent coverage
2 Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
3. Professional Liabtity insurance appropriate to the Consultant's profession '
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits
1 Commercial General Liabilit insurance shall be wntten with limits no less
than $1,000,000 each occurrence, $1,000,000 general aggregate and a
S1,000,000 products-completed operations aggregate limit
2. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit
j
EXHIBIT C (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 liability
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A M Best rating of not less than
A VII
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
i
1
f
Kent City Council Meeting
Date August 16. 2005
Category Consent Calendar
' 1. SUBJECT: THOMPSON SMITCH CONSULTING GROUP CONTRACT FOR
THE KING CONSERVATION DISTRICT GRANT — AUTHORIZE
2 SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services
Agreement with Thompson Smttch Consulting group to provide assistance with the
Green/Duwamish Ecosystem Restoration Project upon concurrence from the City
Attorney and Public Works Director
3. EXHIBITS: Public Works memorandum and Consultant services agreement
4 RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc )
' 5. FISCAL IMPACT
Expenditure" X Revenue?
Currently in the Budgets 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 6D
PUBLIC WORKS DEPARTMENT
Larry Blanchard, Public Works Director
t Phone 253-856-5500
Fax 253-856-6500
K E N T
w AS H ING TO N Address 220 Fourth Avenue S
' Kent, WA 98032-5895
DATE: July 27, 2005
TO: Public Works Committee
FROM: Michael Mactutis, Environmental Engineering Manager
THROUGH Larry Blanchard, Public Works Director
SUBJECT: King Conservation District Grant
Green i Duwamish Ecosystem Restoration Project(ERP) Feasibility Report
' Finalization and Approval Project
' MOTION. Recommend authorizing the Mayor to sign the contract, upon concurrence of the
language therein by the City Attorney and Public Works Director, with Thompson Smitch
Consulting Group for $70.000 to provide the City of Kent assistance in moving the Feasibility
Study of the Green/Duwamish Ecosystem Restoration Project out of the federal Office of
Management and Budget and to secure the FY06 Energy and Water appropriation request
' SUMMARY:
The contract will provide the City, on behalf of the Watershed Resource Inventory Area 9
(WRIA 9), support to finalize the Ecosystem Restoration Project (ERP) Feasibility Report by the
federal Office of Management and Budget(OMB) as well as to secure the FY06 Energy and
Water appropriation request
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND
' In October 2000, the U. S Army Corps of Engineers (USACE), in partnership with 17 local
jurisdictions, non-profit organizations and the Muckleshoot Indian Tribe, completed the
Feasibility Report for the ERP and submitted it to the OMB for approval and finalization The
focus of the ERP is the design and construction of 45 habitat restoration projects throughout the
Green/Duwamish watershed The ERP was officially authorized for construction by Congress
under the Water Resource and Development Act of 2000 and work in the Pre-Construction
Engineering and Design(PED) Phase began. In 2004, the ERP received a federal new start
construction budget of$500,000 This year, 2005, the ERP received an additional construction
budget of$1 25 million Local jurisdictions have supported the ERP work through contributions
of local matching funds and staff time It is clear that Congress is committed to the continued
funding of this program and assisting local jurisdictions in the construction of habitat restoration
' Mayor White and Kent City Council Coordinated Prevention Grant—Grant No G0400228
March I,2004
1
projects in the Green/Duwamish River system. The project sites in the ERP are fully integrated '
with the WRIA 9 draft Salmon Habitat Plan.
Despite the progress of the ERP, project construction has been significantly limited by inaction '
on the part of OMB in approving the Feasibility Report Furthermore, because the OMB has
failed to process the ERP Feasibility Report submitted almost 5 years ago, each federal budget
request has required extraordinary local efforts. Approval of this Report would move federal
appropriations into the annual USACE construction budget, thus ensuring that the project sites
can be constructed on schedule Kent's projects and approved local cost shares are ready to
implement key project sites with the assistance of 2006 federal appropriations A portion of this
contract is targeted towards additional efforts to secure FY06 federal appropriations '
This contract will support the City of Kent's effort, on behalf of the WRIA 9 Forum, to finalize
the ERP Feasibility Report by the Federal Office of Management and Budget(OMB) Although
all of the WRIA 9 jurisdictions participating in the Green/Duwamish Ecosystem Restoration
Project will benefit from this work, Kent has prepared feasibility plans and designs for several
important restoration projects scheduled for construction in 2005. 2006 and further in the future
and is in need of federal construction funds to allow that construction to occur The Meridian
Valley Creek Restoration Project, of which Kent is the sponsor, will be under construction in
August, 2005, and will be the first ERP project completed Kent is therefore the appropriate
jurisdiction to lead this project.
A majority of this contract ($40,000) is funded through a grant from the King Conservation '
District and is targeted towards approval of the Feasibility Report, with the remaining $30,000
being paid in equal shares by the Cities of Kent, Renton and Auburn and being targeted towards
securing FY06 federal appropriations. Kent will send notices for reimbursement to Renton and
Auburn as the contract proceeds Contracted duties will include developing the FY 06
appropriation request, contacting key members and staff of the Washington Congressional
Delegation, securing key members support for the request and tracking the appropriation process
Other duties shall include coordinating with the U S. Army Corps of Engineers, the City of Kent
and King County. From time to time TSCG will respond to informational requests from
members of Congress, staff or other parties concerning the Green Duwamish Restoration effort, '
which is being coordinated under Watershed Resources Inventory Area 9 Project Management
1
Mayor White and Kent City Council Coordinated Prevention Grant—Grant No G0400228 '
March 1 2004
2
{
00001.0
KENT
' CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Thompson Smitch Consulting Group, Inc.
' THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Thompson Smith Consulting Group, Inc organized under the laws of the State of
' Washington, located and doing business at 1821 East Dock Street, Tacoma, WA 98402, Phone (253) 879-
1250/Fax (253) 879-1251 (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 work with the City to secure the FY 06 Energy and Water appropriation
request For a detailed description, see the Scope of Work which is attached as Exhibit A and
incorporated by this reference
' Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time those services are performed
' II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by December 31, 2005
' III. COMPENSATION.
A The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy
Thousand Dollars (S70,000 00) for the services described in this Agreement This is the
maximum amount to be paid under this Agreement for the work described in Section I above,
and shall not be exceeded without the prior written authorization of the City in the form of a
negotiated and executed supplemental agreement The Consultant agrees that the hourly or flat
rate charged by it for its services contracted for herein 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
CONSULTANT SERVICES AGREEMENT- t
(Over$10,000)
within forty-five 45 da of receipt of an invoice If the City objects to all or an
payment � ) days P h' J Y
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
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 '
ongm, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative ,
Policy 1 2, and upon completion of the contract work, file the attached Compliance Statement
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, '
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, ansmg 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 i s subject to RCW 4 24 115, '
then, in the event of liability for damages ansmg out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's '
negligence
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE '
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER
The provisions of this section shall survive the expiration or termination of this Agreement '
VIIL INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference '
CONSULTANT SERVICES AGREEMENT-2 '
(Over V 0,000)
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Ongmal 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
' XI. CITY'S RIGHT OF INSPECTION. E ven though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, t he w ork in ust in eet t he approval o f t he C ity and s hall b e subj ect t o the C ity's general r ight o f
inspection to secure satisfactory completion
1 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
XIII. MISCELLANEOUS PROVISIONS.
A Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its
' contractors and consultants to use recycled and recyclable products whenever practicable A price preference
may be available for any designated recycled product
B Non-Waiver of Breach The failure of the City to insist upon street performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
' none 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 ansmg 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 ansmg from the parties'
' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
' VH of this Agreement
D Written Notice All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice
hereunder shall become effective three(3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
' other address as may be hereafter specified in writing.
CONSULTANT SERVICES AGREEMENT-3
(Over P 0,000)
E Assignment Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the ternis ,
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent
F Modification No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and Signed by a duly authorized representative of the City and Consultant
G Entire Agreement. The written provisions and terms of this Agreement, together with any ,
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering ,
in any manner this Agreement All of the above documents are hereby made a part of this Agreement
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that arc now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT: '
By By '
(signature) (signature)
Print Name Print Name Jim White '
Its Its Mayor
(Title) (Title)
DATE• DATE ,
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Tim Thompson Larry R Blanchard ,
Thompson Smitch Consulting Group City of Kent
1821 East Dock Street 220 Fourth Avenue South
Tacoma, WA 98402 Kent, WA 98032 '
(253) 879-1250(telephone) (253) 856-5500(telephone)
(253) 879-1251 (facsimile) (253) 856-6500-- (facsimile) ,
APPROVED AS TO FORM:
Kent Law Department '
TSCG-06 Apprpnation/Mactutis
CONSULTANT SERVICES AGREEMENT--t '
(Over$10,000)
'
DECLARATION
CITY OF LENT 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 deternimation regarding suspension or termination for all or part of the
1 Agreement,
The questions are as follows
l 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 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 1200
By
For,
' Title
Date
' EEO COMPLIANCE DOCUMENTS- I
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER 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
within their organization and, if holding Agreements with the City amounting to S10,000 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
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 '
r
EEO COMPLIANCE DOCUMENTS-2 '
I
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of tlus 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 (datel ,
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 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
EEO COMPLIANCE DOCUMENTS-3
Exhibit A '
July 27t^, 2005 t
Mike Mactutis
City of Kent ,
220 Fourth Ave S
Kent, WA 98032 j
Dear Mike- ,
l am submitting this letter to welcome you as a client of Thompson
Smitch Consulting Group, Inc. (TSCG).
It is my desire to provide you with the highest quality and most
efficient service. Your satisfaction should begin with a mutual
understanding of expectations regarding the services to be performed
and the goal we hope to achieve. ,
Scone of Work: TSCG will work with the City of Kent to secure the ,
FY06 Energy and Water appropriation request. Those duties will include
developing the FY 06 appropriation request, contacting key members and '
staff of the Washington Congressional Delegation, securing key members
support for the request and tracking the appropriation process. Other
duties shall include coordinating with the U.S. Army Corps of Engineers, '
the City of Kent and King County. From time to time TSCG will respond
to informational requests from members of Congress, staff or other ,
parties concerning the Green Duwamish Restoration effort, which is being
coordinated under Watershed Resources Inventory Area 9 Project ,
Management. A total of $30,000 will be allocated for this work
TSCG will also provide services to move the Feasibility Study of the ,
ERP out of the OMB. A total of $40,000 will be allocated for this work.
Fees: Our consulting fee for this project will be $8,750.00 per '
month effective April 15C, 2005 through December 31 , 2005. The total ,
contract amount is $70,000. $40,000 of the contract is from a grant
x
' given by the King Conservation District. $30,000 of the contract will be
from the City of Kent
Expenses• In addition to fees, you will be charged for expenses
incurred or advanced on your behalf. Some of these expenses are
charged for identified services at rates charged to all clients, such as
imeals, mileage, cellular telephone charges, long distance telephone
charges, fax transmissions, and special mailing or courier services.
Billings: The firm bills on a monthly basis. Bills are payable within
30 days of the billing date and subject to a late charge of 1% per month if
received after 30 days.
Conflicts of Interest: We have done an initial check for potential
conflicts and have not identified any.
No Warranties of Results: Neither I, nor Thompson Smitch
Consulting Group, have made any express representations, assurances or
guarantees regarding the outcome or any consequence connected with
this matter, unless specifically set forth in this letter of agreement. In
addition, there are no implied warranties or guarantees of success given
by me or Thompson Consulting Group.
I apologize for the formality of this letter, but it is important for
' these items to be set forth in writing in order to allow for a better
understanding of the work to be completed. If the foregoing meets with
your approval, please sign the original of this letter, return it to me in the
envelope provided, and keep the enclosed copy for your records.
Thank you again for the opportunity to work on this important
project. Please be assured I will do my best to help provide you with the
greatest possible result.
Sincerely,
' Tim Thompson
EXHIBIT B ,
INSURANCE REQUIREMENTS FOR '
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may 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 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 1 1 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 less
than$1,000,000 each occurrence, $1,000,000 general aggregate and a '
S1,000,000 products-completed operations aggregate limit
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions '
for Automobile Liability and Commercial General Liability insurance
1 The Contractor's insurance coverage shall be primary insurance as respect the ,
City Any Insurance, self-insurance, or insurance pool coverage maintained
by the City shall be excess of the Contractor's insurance and shall not ,
contribute with it
2 The Contractor's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written notice
by certified mail, return receipt requested, has been given to the City
t
' EXHIBIT B (Continued)
t3 The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf of
the contractor and a copy of the endorsement naming the City as additional
insured shall be attached to the Certificate of Insurance The City reserves
the right to receive a certified copy of all required insurance policies The
Contractor's Commercial General Liability insurance shall also contain a
clause stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the limits of
the insurer's liability
' D. Acceptability of Insurers
' Insurance is to be placed with insurers with a current A M Best rating of not less than
A VII
E. Verification of Coverage
iContractor 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
t
t
t
t
t
Kent City Council Meeting
Date Aug
ust 16, 2005
Category Consent Calendar
1. SUBJECT: CHINOOK SALMON CONSERVATION PLAN RESOLUTION—
ADOPT
2. SUMMARY STATEMENT: Adoption of Resolution No ratifying, with
conditions, the Watershed Resource Inventory Area (WRIA) 8 Chinook Salmon
Conservation Plan
3. EXHIBITS: Resolution and Public Works Memorandum (A full copy of the
Chinook Salmon Conservation Plan is available for perusal in the City Council office;
CD's of the Plan are also available in the Council office)
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.
1 Unbudgeted Expense: Fund Amount S
Unbudgeted Revenue Fund Amount S
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No 6E
PUBLIC WORKS DEPARTMENT
Larry Blanchard, Public Works Director
Phone 253-856-5500
Fax 253-856-6500
K E N T
WAS H I N G T O N Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: July 28, 2005
TO: Public Works Committee
FROM: Michael Mactutis, Environmental Engineering Manager
THROUGH Larry Blanchard, Public Works Director
SUBJECT: Watershed Resource Inventory Area 8 Chinook Habitat Conservation Plan
MOTION
Recommend to City Council passage of a resolution ratifying, with conditions, the Watershed
Resource Inventory Area(WRIA) 8 Chinook Salmon Conservation Plan
SUMMARY:
Watershed Resource Inventory 8 (WRIA 8) Forum has recently completed the Chinook Habitat
Plan and forwarded it to agencies for ratification via resolution The WRIA 8 plan encompasses
the entire Lake Washington and ship canal watershed including all of its tributaries as well as
Puget Sound nearshore areas from the ship canal north to Mukilteo The intent of the plan is to
provide recommendations for actions to restore and protect salmon habitat as well as an approach
to implementing these actions over the next ten years The City of Kent's Clark Springs
watershed is included in WRIA 8 and the city has been involved in funding the plan as well as its
development.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
tBACKGROUND
In March 1999, the federal government listed Puget Sound Chinook salmon as threatened under
the Endangered Species Act. Concerned about the need to protect and restore habitat for
Chinook salmon for future generations, 27 local governments in WRIA 8, including Kent, signed
an interlocal agreement in 2001 to Jointly fund the development of a conservation plan to protect
and restore salmon habitat. The WRIA 8 Steering Committee developed this plan through a
multistakeholder planning process The Steering Committee is composed of city and county
elected leaders, concerned citizens, scientists, and representatives from business and community
groups, water and sewer districts and state and federal agencies The WRIA 8 Steering
Committee Proposed Chinook Salmon Conservation Plan is the result of this collaborative effort.
The plan contains missions, goals and recommendations for actions to restore and protect salmon
habitat, and an approach for implementing these actions over the next ten years The City of
Kent has participated in the development of the plan, through involvement of a City
Mayor White and Kent City Council
1
Councilmember on the Forum as well as staff and consultants on the Synthesis Committee, Land ,
Use Subcommittee and Technical Committee
The decline of Chinook and other salmon in the watershed has generally been attributed to four
factors- habitat, hydropower, harvest, and hatcheries This Plan focuses on conservation of
salmon habitat, because local WRIA 8 partners have responsibility for the habitat-based aspects
of Chinook survival
WRIA 8 includes the Cedar River watershed area, of which Rock Creek is a tributary. The City
of Kent's Clark Springs municipal water supply is located in the Rock Creek subwatershed and, ,
provides approximately 60% of the city's water supply on an annual basis. The City is currently
in the process of preparing a Habitat Conservation Plan for its Clark Springs Water Supply
Facility and Operations The Habitat Conservation Plan is scheduled to be completed in 2005
The City would consider the plan when making management decisions to the Rock Creek
watershed The City would not implement any plan requirement or goal if doing so would
threaten or harm the City's ability to provide a safe, secure and adequate water supply to its
citizens, including future population increases
Ratification of the Habitat Plan would convey the City's support for using the goals, processes,
actions, funding and management approaches, and projects included to the Plan The plan
involves continuing intergovernmental coordination and decision making, clarifying priorities for
funding, securing long term funding sources, monitoring progress and negotiating assurances
from the federal and state governments
A hard copy of the WRIA 8 Chinook Salmon Conservation Plan is available for perusal in the
Kent Public Works Department
Mayor White and Kcnt City Connell t
2
i
RESOLUTION NO.
A RESOLUTION of the city council of the city of
Kent, Washington, ratifying, with conditions, the Water
Resource Inventory Area (WRIA) 8 Chinook Salmon
Conservation Plan.
RECITALS
A. In March 1999, the National Oceanic and Atmospheric Administration
(NOAA) Fisheries listed the Puget Sound Chinook salmon evolutionary significant
unit as a threatened species under the Endangered Species Act (ESA).
B. Under ESA Section 4(f), NOAA Fisheries (for Chinook salmon) and
' USFWS (for Bull Trout) are required to develop and implement recovery plans to
address the recovery of the species
C. An essential ingredient for the development and implementation of an
effective recovery program is coordination and cooperation among federal, state, and
local agencies, tribes, businesses, researchers, non-governmental organizations,
tlandowners, citizens, and other stakeholders as required.
tD Shared Strategy for Puget Sound, a regional non-profit organization, has
assumed a lead role in the Puget Sound response to develop a recovery plan for
submittal to NOAA Fisheries and the USFWS.
1 WRIA 8
Chinook Salmon Conservation Plan
E. Shared Strategy intends that its recovery plan will include commitments
from participating Jurisdictions and stakeholders
F. Local Jurisdictions have authority over some habitat-based aspects of
Chinook survival through land use and other policies and programs, and the state and
tribes, who are the legal co-managers of the fishery resource, are responsible for
addressing harvest and hatchery management in WR[A 8
G. In WRIA 8, habitat actions to significantly increase Chinook
productivity trends are advisable and may be necessary, to conjunction with other
recovery efforts, to avoid extinction in the near term and restore WRIA 8 Chinook to
viability in the long term.
1
H. As it balances the complexity of accommodating and encouraging
growth as it addresses protection of critical areas, the city values ecosystem health,
water quality improvement, flood hazard reduction, open space protection; and
maintaining a legacy for future generations, including commercial, tribal, and sport
fishing, quality of life, and cultural heritage.
I. The city supports cooperation at the WRIA level to set common
priorities for actions among partners, efficient use of resources and investments, and ,
distribution of responsibility for actions and expenditures.
i
J. Twenty-seven (27) local governments in WRIA 8 jointly funded
development of The WRIA 8 Steering Committee Proposed Lake t
Washington/Cedar/Sammamish Watershed Chinook Salmon Conservation Plan (the
Plan), published February 25, 2005, following public input and review.
2 WRIA 8
Chinook Salmon Conservation Plan
K While the Plan recognizes that salmon recovery is a long-term effort, it
focuses on the next 10 years and includes a scientific framework, a start-list of priority
actions and comprehensive action lists, an adaptive management approach, and a
funding strategy.
L. The city has consistently implemented habitat restoration and protection
projects, and addressed salmon habitat through its land use and public outreach policies
and programs over the past five years.
M. It is important to provide jurisdictions, the private sector, and the public
with certainty and predictability regarding the course of salmon recovery actions that
the region will be taking in the Lake Washington/Cedar/Sammamish Watershed,
including the Puget Sound nearshore.
t
N. If insufficient action is taken at the local and regional level, it is
' possible that the federal government could list Puget Sound Chinook salmon as an
endangered species, thereby decreasing local flexibility.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS
RESOLUTION
SECTION 1. —Rati ieation The city hereby conditionally ratifies The WRIA 8
Steering Committee Proposed Lake Washington/Cedar/Sammamcsh Watershed
Chinook Salmon Conservation Plan, dated February 25, 2005 (the Plan). The Plan is
incorporated into this resolution by this reference, and the city clerk will keep a copy of
this ordinance and the Plan in his or her files and make it available for review
Ratification is intended to convey the city's approval and support for the following
3 WRIA 8
Chinook Salmon Conservation Plan
L Plan Goals.
a. The Plan mission statement to conserve and recover Chinook ,
salmon and other anadromous fish, focusing on preserving, protecting, and restoring
habitat with the intent to recover listed species, including sustainable, genetically
diverse, harvestable populations of naturally spawning Chinook salmon.
b The multiple benefits to people and fish of Plan implementation
including water quality improvement, flood hazard reduction, open space protection,
and maintaining a legacy for future generations, including commercial, tribal and sport
fishing, quality of life, and cultural heritage.
2. Continuing to work collaboratively with other jurisdictions and
stakeholders in the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) to
implement the Plan
i
3 Using the scientific foundation and the conservation strategy as the
basis for local actions recommended in the plan for future projects, ordinances, and
other appropriate local government activities.
4 Adopting an adaptive management approach to Plan implementation
and funding to address uncertainties and ensure cost-effectiveness by tracking actions,
assessing action effectiveness, learning from results of actions, reviewing assumptions
and strategies, making corrections where needed, and communicating progress e
Developing and implementing a cost-effective regional monitoring program as part of
the adaptive management approach
5. Using the comprehensive list of actions, and other actions consistent
with the Plan, as a source of potential site specific projects and land use and public
outreach recommendations. Jurisdictions, agencies, and stakeholders can implement
these actions at any time
4 WRIA S
Chinook Salmon Conservation Plan
i
6 Using the start-list to guide priorities for regional funding in the first ten
years of Plan implementation, and implementing start-list actions through local capital
improvement projects, ordinances, and other activities The start-list will be revised
over time, as new opportunities arise and as more is learned through adaptive
management.
7. Using an adaptive approach to funding the Plan through both local
sources and by working together (within WR1A 8 and Puget Sound) to seek federal,
state, grant, and other funding opportunities The long-terns ultimate goal is to fund the
jPlan through a variety of sources at the current 2004 level plus 50 percent, recognizing
that this resolution cannot obligate future councils to financial commitment and that
the funding assumptions, strategies, and options will be revisited periodically.
8. Forwarding the Plan to appropriate federal and state agencies through
Shared Strategy for Puget Sound, to be included in the Puget Sound Chinook salmon
recovery plan.
SECTION 2 — Implementation. The city recognizes that negotiation of
commitments and assurances/conditions with appropriate federal and state agencies
will be an iterative process. Full implementation of this Plan is dependent on the
following.
1. NOAA Fisheries will adopt the Plan, as an operative element of its ESA
Section 4(f) recovery plan for Puget Sound Chinook salmon.
' 2. NOAA Fisheries and USFWS will.
a. take no direct enforcement actions against the City under the ESA
for implementation of actions recommended in or consistent with the Plan,
b. endorse the Plan and its actions, and defend the City against legal
challenges by third parties, and
c. reduce the regulatory burden for City activities recommended in or
consistent with the Plan that require an ESA Section 7 consultation.
5 WRIA 8
Chinook Salmon Conservation Plan
3. Federal and state governments will: '
a provide funding and other monetary incentives to support Plan
actions and monitoring activities;
b streamline permitting for projects implemented primarily to restore
salmoind habitat or where the actions are mitigation that further Plan implementation,
c. offer programmatic permitting for local jurisdiction actions that are
consistent with the Plan;
d. support the monitoring and evaluation framework,
e. incorporate, to the best of the government's ability, actions and
guidance from the Plan in future federal and state transportation and infrastructure
planning and improvement projects; and
f. to the extent feasible, direct mitigation resources toward Plan
priorities.
SECTION 3. —Obligation. This resolution does not obligate the city council to
future appropriations beyond current authority Although the city is committed to
furthering the work of WRIA 8 and the Plan, it also must balance its other goals and
priorities, beyond funding limitations, under the state Growth Management Act to
further economic development, enhance and accommodate growth, and protect
property rights. As a result, this council action to ratify the Plan is conditioned on the
city's fulfillment of these other needs and demands as well. '
In particular, the city maintains a primarily aquifer-based water supply system,
and the city will not implement any Plan requirement or goal if doing so would
threaten or harm the city's ability to provide a safe, secure, and adequate water supply
to its citizens, including future population increases, whether due to annexation or
additional growth through infill Specifically, and without limitation to the preceding
conditions, the city cannot commit to restoring Rock Creek to pre-1969 levels (as
referenced in the Plan, Volume II, Chapter 10, item C73), even though the City is
committed, through its current Rock Creek Habitat Conservation Plan program, to
6 WRIA 8
Chinook Salmon Conservation Plan
t
protecting and restoring salmonid habitat in that portion of Rock Creek, particularly in
that portion of the creek that is within its Jurisdiction while at the same time protecting
and preserving its public water supply.
SECTION 4. — Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution
SECTION 5. —Ratification. Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed.
SECTION 6. —ff ective Date. This resolution shall take effect and be in force
immediately upon its passage.
PASSED at a regular open public meeting by the city council of the city of Kent,
Washington, this day of 12005
CONCURRED in by the mayor of the city of Kent this day of
i
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
7 WRIA 8
Chinook Salmon Conservation Plan
APPROVED AS TO FORM-
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No. t
passed by the City Council of the City of Kent, Washington, the day of
2005
BRENDA JACOBER, CITY CLERK
P\Gvd,RESOLUTIOMW RIAS-Chi nookC onwrvPlan doc
1
1
g WRIA 8
Chinook Salmon Conservation Plan
Kent City Council Meeting
Date August t6, 2005
Category Consent Calendar
1. SUBJECT: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
COMMUTE TRIP REDUCTION IMPLEMENTATION
AGREEMENT—AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Washington State
Department of Transportation Commute Trip Reduction Implementation Agreement for
2005-2007 upon concurrence from the City Attorney and Public Works Director for the
language, directing staff to accept the agreement and establishing a budget for the funds
to be spent within said project.
3. EXHIBITS: Public Works memorandum and Consultant services agreement
4 RECOMMENDED BY: Public Works 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 $
6 CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION.
ACTION:
Council Agenda
Item No 6F
PUBLIC WORKS DEPARTMENT
Larry Blanchard, Public Works Director
40 Phone 253-856-5500
Fax 253-856-6500
K E N T
WASHINGTON Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: August 1, 2005
TO: Public Works Committee
FROM: Chris Simmons, CTR Program Coordinator
THROUGH- Larry Blanchard, Public Works Director
SUBJECT: Washington State Department of Transportation
Commute Trip Reduction Implementation Agreement—GCA 4573
MOTION:
Recommend authorizing the Mayor to sign the Washington State Department of Transportation
Commute Trip Reduction Implementation Agreement for 2005-07, in the amount of$58,567 for
2005-2006 with the allocation to be amended in 2006-2007, upon concurrence of the City
Attorney for the language therein, directing staff to accept the agreement and establishing a
budget for the funds to be spent within said project
SUMMARY:
Pursuant to RCW 70.94.544, we are in receipt of the WSDOT Commute Trip Reduction
Implementation Agreement in the amount of $58,567 for 2005-2006, to be amended per WSOT
Allocation Methodology for 2006-2007. The funds will be used to fund 1 FTE to provide
enforcement of KCC 6 12, technical assistance to affected employers, and conduct outreach
activities towards employees.
BUDGET IMPACT. No Unbudgeted Fiscal/Personnel Impact
BACKGROUND
The Washington State Department of Transportation Commute Trip Reduction Implementation
Agreement was put in place in 1993 to support the mandate placed upon jurisdictions for
Commute Trip Reduction activities Current City programming provides technical support to
affected employers for meeting the requirements of the city's Commute Trip Reduction
I Ordinance, as amended, as well as assistance in making employers' internal programs maximally
effective. Additional activities include participation in state and county-wide coordination
efforts and promotional activities aimed at reducing single-occupant vehicle commuter trips and
maximizing usage of HOV and transit infrastructure and investment
1
!
Commute Trip Reduction Implementation Agreement
Contractor
Washington State City of Kent
Department of Transportation 220 4`h Avenue South
310 ly'laple Park Avenue Kent, WA 98032
PO Box 47387
Olympia, WA 98504-7387 Key Contact Person: Chris Simmons
Employer Federal ID #91-6001254
Ke Contact Person: Robin Hartsell
E$58,56
ount [Funding
roject Amount
5 through June 30, 2006 uly 1, 2006 through June 30, 2007
ill be allocated as set forth m Exhibit I,
Allocation Methodology
Agreement Start Date Completion Project Title
Number Date
Commute Trip Reduction Implementation
GCA4573 July 1, 2005 June 30, 2007
This AGREEMENT is entered into by the Washington State Department of Transportation
(hereinafter referred to as "WSDOT") and the Contractor identified above (hereinafter referred
to as "CONTRACTOR"), and/or individually referred to as the "PARTY" and collectively
referred to as the "PARTIES "
WHEREAS, RCW 70.94 521 through 70 94 551 requires counties, cities and towns containing
"major employers," in counties with populations over 150,000, to develop ordinances, plans and
programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV)
commute trips, and thereby reduce vehicle-related air pollution, traffic congestion and energy
use, and
WHEREAS, RCW 70.94 541 (2) provides for technical assistance to counties, cities, and towns
in developing and implementing Commute Trip Reduction (CTR) plans and programs, and
WHEREAS, RCW 70.94 544 provides for distribution of funds for local CTR implementation
efforts, and
WHEREAS, WSDOT desires to achieve trip reduction in order to improve the efficiency of the
state transportation system and the quality of life for citizens of the State of Washington, and
WHEREAS, WSDOT hereby desires to engage and the CONTRACTOR so agrees to perform
all tasks as hereinafter agreed upon by both PARTIES, and
NOW, THEREFORE, in consideration of covenants, conditions, performances and promises
herein contained and Exhibits I, It and III, attached hereto and made a part hereof, the PARTIES
agree to the terms and conditions following
Page 1 of 16 GCA4573
Section 1
Purpose of Agreement
The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR to
be used solely for activities undertaken to fulfill the requirements of RCW 70 94.521 through
551 and to implement tasks as described in Exhibit II, Scope of Work
Section 2
Scope of Work
The CONTRACTOR and WSDOT agree to perform all designated tasks under this
AGREEMENT as described in Exhibit II, Scope of Work
Section 3
Time for Beginning and Completion
The work to be performed under this AGREEMENT shall commence on July 1, 2005, and
terminate on June 30, 2007, unless terminated sooner as provided herein
Section 4
Reimbursement and Payment
WSDOT shall reimburse the CONTRACTOR for eligible expenditures not to exceed $58,567
during the AGREEMENT period. The maximum amount of funding for the CONTRACTOR
was determmed using the methodology contained in Exhibit 1, Funding Allocation Methodology
WSDOT will reimburse the CONTRACTOR only for actual and eligible direct and related
indirect project costs Payment will be made on a reimbursable basis Payment is subject to the
submission to and approval by WSDOT of properly prepared invoices accompanied by progress
reports as provided in Section 6 and financial summaries The CONTRACTOR shall submit an
invoice (state form A49) or WSDOT approved invoice format to WSDOT in order to receive
reimbursement. The CONTRACTOR may submit invoices, not more than once per month,
during the course of this AGREEMENT The CONTRACTOR shall submit a final invoice to
WSDOT no later than July 15, 2007 Any invoice received after July 15, 2007 will not be
eligible for reimbursement Within 30 days after receiving an invoice and upon approval,
WSDOT shall remit payment to the CONTRACTOR. All invoices and payments shall be based
on and paid on actual work performed and actual costs incurred up to the maximum amount
identified in this AGREEMENT.
Section 5
Project Records
The CONTRACTOR agrees to establish and maintain for the project either a separate set of
accounts or accounts within the framework of an established accounting system, in order to
sufficiently and properly reflect all eligible direct and related indirect project costs claimed to
have been incurred in the performance of this AGREEMENT. Such accounts are referred to
herein collectively as the "Project Account" All costs claimed against the Project Account must
be supported by properly executed payrolls time records, invoices. contracts, and payment
vouchers evidencing in sufficient detail the nature and propriety of the costs claimed
Page 2 of 16 GCA4573
Section 6
Progress Reports
The CONTRACTOR shall submit to WSDOT progress reports as described in Exhibit II, Scope
of Work, so that WSDOT may adequately and accurately assess the progress made under the
terms of this AGREEMENT Progress reports shall be submitted to WSDOT along with every
invoice request for reimbursement submitted pursuant to Section 4, Reimbursement and
Payment.
Section 7
Audits, Inspections, and Records Retention
WSDOT, the State Auditor, and any of their representatives, shall have full access to and the
right to examine, during normal business hours and as otten as they deem necessary, all of the
CONTRACTOR's records with respect to all matters covered by this AGREEMENT Such
representatives shall be permitted to audit, examine and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls, and other matters
covered by this AGREEMENT In order to facilitate any audits and inspections, the
CONTRACTOR shall retain all documents, papers, accounting records, and other materials
pertaining to this AGREEMENT for six (6) years from the date of completion of the project or
the project final payment date However, in case of audit or litigation extending past that six (6)
years period, then the CONTRACTOR must retain all records until the audit or litigation is
completed The CONTRACTOR shall be responsible to assure that it, WSDOT, the State
Auditor, and any of their representatives, retain comparable audit rights with respect to
subcontractors to the CONTRACTOR within the scope of this AGREEMENT
Section S
Agreement Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in the
Scope of Work Such changes that are mutually agreed upon shall be incorporated as written
amendments to the AGREEMENT. No variation or alteration of the terms of this
AGREEMENT shall be valid unless made in writing and signed by authorized representatives of
the PARTIES hereto
B. Any additional funding secured by WSDOT beyond the amount identified in Section 4,
Reimbursement and Payment will be allocated to the CONTRACTOR for the period July 1,
2005 to June 30, 2007 in accordance with the methodology described in Exhibit I, Funding
Allocation Methodology. If an increase in funding by the funding source augments the
CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and
WSDOT agree to enter into an amendment to this AGREEMENT, providing for an appropriate
change in the Scope of Work and/or the project amount in order to reflect any such increase in
funding
C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation
of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an
Page 3 of 16 GCA4573
amendment to this AGREEMENT providing for an appropriate change in the Scope of Work
and/or the AGREEMENT amount in order to reflect any such reduction of funding
Section 9
Recapture Provision
In the event that the CONTRACTOR fails to expend state funds in accordance with state law
and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture state funds
in an amount equivalent to the extent of noncompliance Such right of recapture shall exist for a
period not to exceed three (3) years following termination or expiration of this AGREEMENT
The CONTRACTOR agrees to repay such state funds under this recapture provision within 30
days of demand.
Section 10
Disputes
A. Disputes Disputes, arising in the performance of this AGREEMENT, which are not
resolved by agreement of the PARTIES, shall be decided in writing by the authorized
representative of WSDOT Public Transportation and Commute Options (PT&CO) Office. If the
PARTIES cannot resolve a dispute by mutual agreement, the CONTRACTOR may submit a
written detailed description of the dispute to the PT&CO Program Manager who will issue a
written decision within ten (10) days of receipt of the written description of the dispute This
decision shall be final and conclusive
B Performance During Dispute Unless otherwise directed by WSDOT, the CONTRACTOR
shall continue performance under this AGREEMENT while matters in dispute are being
resolved
Section 11
Termination
WSDOT, at its sole discretion, may suspend or terminate this AGREEMENT in whole, or in
part, for the reasons following
A The CONTRACTOR materially breaches, or fails to perform any of the requirements of, this
AGREEMENT, and after fourteen (t4) days written notice,has failed to cure the condition(s)
causing that breach. Conditions of breach may include, but are not be limited to
• Any action taken by the CONTRACTOR without WSDOT approval, which under the
provisions of this AGREEMENT, required WSDOT approval..
• Failure to perform in the manner called for under this AGREEMENT, or
• Failure to comply with any provision of this AGREEMENT,
B The CONTRACTOR is prevented from proceeding with the AGREEMENT by reason of a
temporary preliminary, special, or permanent restraining order or injunction of a court of
competent jurisdiction where the issuance of such order or injunction is primarily caused by the
acts or omissions of persons or agencies other than the CONTRACTOR;
C The requisite state or federal funding is reduced or becomes unavailable through failure of
appropriation or otherwise;
D WSDOT determines that the continuation of the project would not produce beneficial results
commensurate with the further expenditure of funds,
Page 4 of 16 GCA4573
E. WSDOT, at its sole discretion, determines to accept a request made in writing by the
CONTRACTOR to termmate the AGREEMENT in whole or m part, or
F. WSDOT determines that suspension or termination is in the best interests of the state
If this AGREEMENT is terminated under subsections B, C, D, E, and/or F of this Section, the
CONTRACTOR may be reimbursed only for actual and eligible direct and related indirect
expenses incurred prior to the date of termination, and then only to the extent of appropriated
funds If this AGREEMENT is terminated under subsection A of this Section, the WSDOT shall
not be obligated to provide any additional reimbursement, and WSDOT shalt retain all rights to
seek recapture or damages from the CONTRACTOR
Section 12
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded
by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy
Section 13
Waiver
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be
construed as a waiver by WSDOT of any CONTRACTOR breach, or default which and shall in
no way impair or prejudice any right or remedy available to WSDOT with respect to any breach
or default
Section 14
Independent Contractor
The CONTRACTOR shall be deemed an independent CONTRACTOR for all purposes, and the
employees of the CONTRACTOR or any of its subcontractors and the employees thereof, shall
not in any manner be deemed to be employees of WSDOT
Section 15
WSDOT Advice
The CONTRACTOR bears complete responsibility for the administration and success of the
work as it is defined in this AGREEMENT and any amendments thereto Although the
CONTRACTOR is allowed to seek the advice of WSDOT, the offering of WSDOT advice shall
not modify the CONTRACTOR's rights and obligations under this AGREEMENT, and WSDOT
shall not be held liable for offering advice to the CONTRACTOR.
Section 16
Limitation of Liability and Indemnification
No liability shall attach to WSDOT or the CONTRACTOR by reason of entering into this
AGREEMENT, except as expressly provided herein This AGREEMENT is not intended to
benefit any third party The CONTRACTOR shall indemnify and hold WSDOT, its agents,
employees, and/or officers harmless from, and shall process and defend at its own expense, any
IPage 5 of 16 GCA4573
and all claims, demands, suits, penalties, losses, damages (both to persons and property), or costs
of whatsoever kind or nature (hereafter "claims") brought against WSDOT arising out of or
incident to the execution, performance or failure to perform under this AGREEMENT, provided,
however, that if such claims are caused by or result from the concurrent negligence of (a) the
CONTRACTOR, its agents, employees, and/or officers and (b) WSDOT, its agents, employees,
and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the
negligence of the CONTRACTOR, its agents, employees, and/or officers, and provided further
that nothing herein shall require the CONTRACTOR to hold harmless or defend WSDOT, its
agents, employees, and/or officers from any claims arising from the sole negligence of WSDOT,
its agents, employees, and/or officers.
Section 17
Hold Harmless
It is understood and agreed that this AGREEMENT is solely for the benefit of the PARTIES
hereto and gives no right to any other party. No joint venture or partnership is formed as a result
of this AGREEMENT. Each PARTY hereto agrees to be responsible and assumes liability for
its own negligent acts or omissions, or those of its officers, agents or employees. Each
agreement, contract or subcontract for services or activities to further the terms of this
AGREEMENT u shall include an indemnification and hold harmless providing that WSDOT and
the State of Washington are not liable for damages or claims for damages arising from any city,
town, designee or subcontractor's performance or activities under the terms of those agreements,
contracts or subcontracts
Section 18
Governing Law, Venue, and Process
This AGREEMENT shall be construed and enforced in accordance with, and the validity and
performance thereof shall be governed by the laws of the State of Washington in the event that
either PARTY deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be
initiated in the Superior Court of the State of Washington situated in Thurston County The
CONTRACTOR hereby accepts service of process by registered mail consistent with RCW
4.28.080(1). Each PARTY shall bear its own legal costs and expenses, including attorney fees,
in any such litigation.
Section 19
Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations,
including, but not limited to, those concerning employment, equal opportunity employment,
nondiscrimination assurances, project record keeping necessary to evidence AGREEMENT
compliance, and retention of all such records The CONTRACTOR will adhere to all of the
nondiscrimination provisions in Chapter 49 60 RCW. The CONTRACTOR will also comply
with the Americans with Disabilities Act (ADA), Public Law 1O1-336, which provides
comprehensive civil rights protection to individuals with disabilities in the areas of employment
public accommodations, state and local government services and telecommunication.
Page 6 of 16 GCA4573
Section 20
Section Headings
All section headings are inserted for convenience only and shall not affect any construction or
interpretation of this AGREEMENT
Section 21
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication
shall not affect the validity or obligation of performance of any other covenant or provision, or
part thereof, that in itself is valid if such remainder conforms to the terms and requirements of
applicable law and the intent of this AGREEMENT No controversy concerning any covenant or
provision shall delay the perfonnance of any other covenant or provision except as herein
allowed.
Section 22
Execution and Acceptance
This AGREEMENT may be executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect The CONTRACTOR does hereby ratify and adopt
all statements, representations, warranties, covenants, and agreements and their supporting
materials contained and/or mentioned herein, and does hereby accept State funds and agrees to
all of the terns and conditions thereof
Section 23
Execution
This AGREEMENT is executed by the Director of the Public Transportation and Rail Division,
State of Washington, Department of Transportation or the Director's designee, not as an
individual incurring personal obligation and liability, but solely by, for, and on behalf of the
State of Washington, Department of Transportation, in his/her capacity as Director of the Public
Transportation and Rail Division.
This space intentionally left blank.
Page 7 of 16 GCA4573
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and
year first above written
WASHINGTON STATE CONTRACTOR
DEPARTMENT OF TRANSPORTATION
By: By.
Judith Giniger, Director
Public Transportation and Rail Division Pnnt Name.
Title.
Who certifies proper authority to
execute this Agreement on behalf of
the Contractor
Date: Date
Approved as to form only
By: Ann E. Salay
Assistant Attorney General
Date: June 21, 2005
Page 8 of 16 GCA4573
Exhibit 1
Funding Allocation Methodology
Funding allocated by WSDOT for local implementation of CTR activities is based on the
formula following-
1. Each county is provided $1,260 per affected worksite as a base allocation to ensure sufficient
funding to meet Jurisdiction obligations pursuant to RCW 70 94 521- 551 The number of
affected worksites in each county shall be based on information contained in W SDOT's
database as of May 1st of each year.
2. The remaining funding will be allocated based on the number of commute trips reduced per
day in each county, between each worksite's base year Survey and its most recent survey,
provided that every county receives at least $80,000 per year For the period July 1, 2005
through June 30, 2006, the most recent survey period will be 2003 For the period July 1,
2006 through June 30, 2007, the most recent survey period will be 2005.
July 1, 2005-June 30, 2006 Allocation
Worksite Additional to
Nu M her Trips Base Performance Achieve Total
County of Stes Reduced/Day Allocation Allocation $80,000 Floor Allocation
Benton $50,000
Clark 48 1,157 $60,480 $29,309 $0 $89,789
King 527 11,963 $664,020 $300,511 $0 $964.532
Kitsap 31 1,522 $39,060 $38,555 $2,385 $80,000
Pierce 80 2,900 $t00,800 $73,462 $0 $174,262
Snohomish 88 806 $110,880 $20,417 $0 $131,297
Spokane 100 1,562 $126,000 $39,568 $0 $165,568
Thurston 62 550 $78,120 $13,932 $0 $92,052
Whatcom 23 421 S28,980 $10,6651 $40,3551 $80,000
Yakima 23 122 $28,980 $3,0901 S47,9301 S80,000
TOTAL 982 20,903 $1,237,320 $529,5101 $90,6701 $1,907,500
Any distribution of funds to Jurisdictions within a county shall be done on the basis of the
number of affected worksites in each Jurisdiction For example, if there are two (2)Jurisdictions
in a county, each with fifty percent (50%) of the total number of affected worksites in the county,
any division of funds within the county should provide each of the two (2)Jurisdictions with fifty
percent (50%) of the total county funding allocation.
Page 9 of 16 GCA4573
EXHIBIT II
SCOPE OF WORK
Implementation of Commute Trip Reduction (CTR)
Plans and Program
1, CONTRACTOR AGREES TO:
I.I. Work to be Performed
1 1.1 The county or city, whichever applies, has enacted a Commute Trip Reduction
(CTR) ordinance in compliance with RCW 70 94 521- 551. Said ordinance
requires, for example, the submission of employee commuter surveys, employer
annual reports, and other provisions for the tracking of certain vehicle miles traveled
(VMT) and single occupant vehicle (SOV) commute trips, as well as provisions to
assist in the reduction of VMT and SOV_ Therefore, the CONTRACTOR agrees to
implement a CTR program and to comply with all provisions of the applicable
county or city ordinance, which is incorporated herein by reference and made a part
of this AGREEMENT and this Scope of Work.
1.2. Funding Distribution and Reporting
12.1. The CONTRACTOR may distribute funds to its eligible contracting partner(s)
who are implementing CTR plans and ordinances as authorized by RCW 70 94 544,
by entering into agreements with other jurisdictions, local transit agencies, regional
transportation planning organizations, or other eligible organizations The
CONTRACTOR shall submit to WSDOT within 30 days of execution of any
agreement between the CONTRACTOR and is eligible contracting partner(s): (a) a
list of dollar amounts to be disbursed by the CONTRACTOR to its eligible
contracting partner(s), or(b) a fund dispersion methodology.
1.3. Implementation Plans
1 3.1 In addition to complying with Section 1, above, the CONTRACTOR shall
implement all CONTRACTOR provisions in this Scope of Work. Further, the
CONTRACTOR shall incorporate Sections t and 3 of the Scope of Work in all
agreements with eligible contracting partner(s), as necessary, to coordinate the
development, implementation, and administration of CTR plans and compliance
with applicable ordinances.
1.3.2. Appeals, Exemptions, and Modifications
1.3.3 The CONTRACTOR shall maintain an appeals process consistent with RCW
70 94 534(6), applicable ordinances, and procedures contained in the Commute Trip
Reduction Task Force Guidelines, which may be obtain from the WSDOT or found
at http //www.wsdot wa.gov/tdm/tripreduction/CTRguide/default.cfm. The
CONTRACTOR, or its eligible contracting partner(s), shall submit requests for
CTR exemptions or goal modifications to WSDOT for review and comment within
five (5) days of receiving such requests, and shall provide WSDOT five (5) working
days to comment prior to approving or denying the request.
Page 10 of 16 GCA4573
1.3.4. Survey Processing
1.3 5 The CONTRACTOR shall notify WSDOT prior to sending employee commuter
surveys to the University of Washington, Office of Educational Assessment, for
processing The notification must include the name of the worksite, employer
identification code, and type of survey for each survey being submitted for
processing. The notification shall be submitted as an electronic spreadsheet via
I electronic mail The CONTRACTOR agrees not to deliver or send surveys for
processing unless authorized to do so by WSDOT.
1.3.6. Database Updates
1.3.7 The CONTRACTOR agrees to provide WSDOT with updated lists of affected
worksites and jurisdiction contacts on a quarterly basis These updates shall be
submitted electronically in a format specified by WSDOT.
1.3.8. Employer .Annual Reports
1.3 9 The CONTRACTOR agrees to, within 30 days from the date of filing, submit to
WSDOT one (1) electronic or hard copy of all employer annual report(s)
1.3.10. Employer Exemptions and Goal Modifications
1.3.11 The CONTRACTOR agrees to, within 30 days from the date of official
administrative decision, submit to WSDOT the name and employer identification
code for any worksite that has been granted an exemption or goal modification,
including information about the duration of all exemptions and information on the
type of goal modification granted.
1.3.12. Progress Report and Invoice
1.3 13 The CONTRACTOR agrees to submit to WSDOT periodic progress reports, as
specified in Exhibit 11I, Progress Report Format, with all invoices in accordance
with Section 4 of this AGREEMENT
2. WSDOT AGREES TO:
2.1. General Technical Assistance
2.1.1. WSDOT will provide support to the CONTRACTOR, or its eligible contracting
partner(s), in developing and implementing CTR plans and programs, including
providing training, informational materials, and assistance in CTR evaluation
WSDOT will also assist with overall CTR marketing and promotion on a statewide
basis.
2.2. Exemptions and Modifications
2.2 1 WSDOT will review and comment on employer requests for exemptions from
CTR requirements and/or goal modifications, within five (5) working days after
receipt. Failure to review and comment on such requests within five (5) working
days after receipt shall be considered a waiver of WSDOT's right to comment
' Page 11 of 16 GCA4573
2.3. Database Management
2.3.1 WSDOT will maintain a current database of all affected worksites in Washington
State WSDOT will input new and/or updated worksite information within fifteen
(15) working days after receipt from CONTRACTOR. WSDOT will employ an
internal verification process to ensure all new and/or updated information is input in
a timely and accurate manner Information from the WSDOT database will be
used to determine funding allocation consistent with the methodology contained in
Exhibit 1, Funding Allocation Methodology
2.4. Training
2 4.1 WSDOT will maintain training materials to support implementation of CTR
programs
2.5. Public Awareness
2 5 1 WSDOT will develop and implement statewide public awareness and recognition
programs to support local implementation of CTR programs
2.6. Annual Reporting Assistance
2.6.1. WSDOT will distribute insufficient quantities the State"Program Description &
Employer Annual Report' form to the CONTRACTOR, or other eligible recipients.
if requested WSDOT will also maintain an internet-based annual report system and
will provide information and ongoing technical assistance to employers and
jurisdictions using the system.
2.7. Survey Assistance
2 7 1. WSDOT will•
2.7.1.1 Provide the CONTRACTOR, or its eligible contracting partner(s), with
summary survey information if requested.
2.7 1.2. Distribute the Employee Questionnaires in sufficient numbers to the
CONTRACTOR, its eligible contracting partner(s)if requested.
27 1.3. Maintain an internet-based survey tool, and provide information and
ongoing technical assistance to employers and jurisdictions using the system
27 14 Provide survey processing at no cost to the CONTRACTOR, or its eligible
contracting partner(s), and affected employers, during the base year and all
subsequent surveys.
2.7 1 5. Provide technical assistance to the CONTRACTOR, or its eligible
contracting partner(s), and employers, on surveying, if requested.
2.7 1.6. Work with the CONTRACTOR, or its eligible contracting partner(s), to
calculate goal measurement information and track measurement survey history
for all CTR affected worksites.
Page 12 of 16 GCA4573
2.7.1.7 Return the processed employee commuter survey and reports to the
CONTRACTOR, or its eligible contracting partner(s), within thirty (30) days
of the date the forms are delivered for processing
2.7.1.8. Maintain and periodically update the "CTR Guide for Employer
Surveys " WSDOT will review survey guide/instructional materials developed
by the CONTRACTOR or its eligible contracting partner(s) for consistency
with the state-developed"CTR Guide for Employer Surveys," which may be
obtained from WSDOT
2.7.1.9 Review all electronically submitted survey notifications and respond to the
CONTRACTOR within five (5) working days after receipt
Page 13 of 16 GCA4573
Exhibit III
Progress Report Format
• Name of the Organization Submitting Report*
• Submitted on behalf of following Junsdiction(s)
• Contact dame
• Contact Phone and Fax Number:
• Contact E-mail•
1. CTR Activities
Prepare a brief summary of activities undertaken during the period for which
reimbursement is requested
2. State CTR Funds Disbursed
Disbursed Total Disbursed
Jurisdiction Since Last Report Fiscal Year to Date
Jurisdiction A S $
Jurisdiction B S $
(etc)
Total Disbursement $ $
This space intentionally left blank
Page 14 of 16 GCA4573
3. Expenditures This Period
Under 'Categories' listed below, indicate either the actual expenditures, or estimated
expenses if actual costs for these categories are not known. List the actual total
expenditures on the last line of the following table
Local Fiscal Year Other Fiscal Year
Funds to Date Funds to Date
State CTR Fiscal Year Spent on Local Spent on Other
Funds To Date CTR Funds CTR Funds
Spent State CTR Activities Spent on Activities Spent on
Since Last Funds Since Last CTR Since Last CTR
Categories Report Sent I Report Activities Report I Activities
Required Activities, S $ $ $ $ S
including:
1. Notification of
New Worksnes
2. Administering
CTR Surveys
3 Employer
Annual Report
Review
4. Exemptions and
Modifications
5 Record
Maintenance
6 Enforcement
Employer Service Activities
Employer Training S S $ S S $
Incentives S $ $ S $ $
Promotion and S $ $ S S $
Marketing
Guaranteed Ride $ $ S $ $ $
Home
Other(Specify) S S Is $ $ $
Totals Is $ $ Is Is S
4. Jurisdiction(s) Contact Names, Address, and Phone Numbers
Jurisdiction A John Who City of X PO Box 1234 X, WA 98000 Phone (206) 999-9999
5. List of contact information for effected worksites in the Jurisdiction.
The information will be submitted in the electronic format appro�ed by WSDOT.
6. Employer Annual Reports Approved During This Period
Provide the name and worksite identification number for all employer annual reports
accepted during this period Attach a hard copy or electronic (disc) copy of all employer
annual reports accepted by the jurisdiction during the quarter if the jurisdiction accepted
employer annual reports submitted via WSDOT's web-based reporting system, indicate
the name and worksite identification number for each worksite report accepted.
Page 15 of 16 GCA4573
7. Employer Exemptions and Goal Modifications Granted During This Period
Provide the name and worksite identification number for any worksite that has been
granted a CTR exemption or goal modification during the period, including information
about the duration of all exemptions and information on the type of goal modification
granted.
Page 16 of 16 GCA4573
1
Kent City Council Meeting
Date August 16, 2005
Category Consent Calendar
1. SUBJECT: TRANSIT SERVICE AGREEMENT WITH DING COUNTY —
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Interlocal Agreement
with King County for operation of Route 918 (Commuter Shuttle) for the period
February 13, 2006 through February 9, 2007 upon concurrence of the language by the
City Attorney and the Public Works Director.
3. EXHIBITS: Public Works Director's memorandum and Transit Service agreement
4 RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc )
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue. Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6G
PUBLIC WORKS DEPARTMENT
Larry R Blanchard, Public Works Director
Phone 253-856-5500
Fax 253-856-6500
K E N T
W A s H i N c T o N Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: 07/27/05
TO: Public Works Commtttee
FROM: Cathy Mooney, Sr Transportation Planner
THROUGH Larry Blanchard, Public Works Director
SUBJECT: Interlocal Agreement with King County Metro Transit
ITS Grant—Commuter Shuttle— King County Metro Route 918
MOTION Recommend authorizing the Mayor to sign an Interlocal Agreement with King
County for operation of the Route 918 (Commuter Shuttle) for the period February 13, 2006
through February 9, 2007
SUMMARY: This Interlocal Agreement between the City and King County Metro authorizes
King County to continue operating this popular shuttle bus for a third year This is the first year
that the costs of operation will be charged to this Federal ITS Grant (The Kent Intractty Transit
Grant)
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND The City designed this shuttle to help commuters move between the Kent
Transit Center and more remote work-sites in the industrial employment centers in the valley It
serves 1400 riders monthly This ITS Grant was secured for us by Senator Patty Murray in the
2003 Federal Transportation Budget for the express purpose of demonstrating the usefulness of
community-based shuttles in supporting the long-range regional transit systems For the first two
years of operation. King County Metro used its own CMAQ Grant. This agreement covers the
funding for one year beginning February 13, 2006
Mayor White and Kent City Council 1
DRAFT 7-18-05
Transit Service Agreement
By and Between
King County
and
The City of Kent
1. INTRODUCTION
THIS AGREEMENT is made by and between King County, (hereinafter referred to as the
"County") and the City of Kent(hereinafter referred to as the "City")
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES
AGREE AS FOLLOWS.
2. PURPOSE OF AGREEMENT
The purpose of this agreement is to establish the responsibilities of the City and County as related
to the provision of the DART service on Route 918 in Kent
3. - DEFINITIONS
Definitions - as used throughout this Agreement, the following terms shall have the meanings set
forth below
A "DART" service is demand-responsive transportation service such as dial-a-ride or route-
deviation, that provides the general public with the ability to call and schedule trips within
the designated service area DART service is provided by a private service provider
under contract with the County
4. COUNTY'S RESPONSIBILITIES
41 During the term of this Agreement, the County will manage and operate DART service (Route
916) in Kent The County shall provide for the operation of the service in accordance with its
regular procedures, including the collection of regular Metro fares
42 The County will develop and print timetables for the DART service(Route 918)
5. CITY'S RESPONSIBILITIES
fThe City will be responsible for reimbursing the County for the operation of Route 918 as specified
in Section 7 - Consideration
j
DRAFT 7-18-05
6. TERM
61 Unless terminated as provided in this Agreement, the term of this Agreement will be from
February 13, 2006 through February 9, 2007 This Agreement may be extended for up to two
additional years upon written agreement by both parties
7. CONSIDERATION
71 In return for providing the Route 918 DART service specified in Attachment A, the City will
compensate the County for the operating costs based on the following hourly rate
Hourly Rate—DART Vehicles
Feb 06 — May 06 $51.30
June 07 — Feb 07 $53.35
72 The Route 918 will operate the following service hours unless otherwise revised by agreement of
both parties
SERVICE HOURS
Daily Hours 4.6
Est. Annual Hours 1,168
73 Fare Revenue Regular Metro fares will be collected from passengers riding the Route 918_ The j
cash fares collected on this service shall be retained by the County and credited towards the
amount owed by the City The DART contractor will provide the County with a monthly report
showing the daily ridership on Rt 918 This report will be used to calculate the average Riders
per Hour for the quarter and this figure will be used in the revenue formula defined in Attachment
A of this Agreement to determine the amount of fare revenue to be credited to the City on each
invoice
74 Both parties agree that any agreed-upon service revisions that result in an increase or decrease m
the service hours and costs for Routes 918 will result in an adjustment to the amount owed by the
City for the operation of this service
8. INVOICESIPAYMENT PROCEDURES I
81 The County shall issue invoices to the City every three (3) months for the cost of providing this
service The invoice shall indicated the number of days service was operated, the daily service
hours, the hourly rate and fare amount credited towards the service cost The City agrees to
make payment within thirty (30) days after receipt of an invoice for service performed in
accordance with this Agreement
2
DRAFT 7-18-05
82 Late Charges
Should the City fad to pay the County the amount due within forty-five (45) days of receipt of a
billing invoice from the County, a penalty shall be applied to any outstanding balance due for that
month's invoice The penalty shall be fixed at a rate not to exceed that allowable under State of
Washington law Continued failure to submit payments within the schedule specified may result in
the County terminating this Agreement
9. LIABILITY AND LEGAL RELATIONS
91 It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and
gives no right to any other party No joint venture or partnership is formed as a result of this
Agreement No employees or agents of one party or its contractors or subcontractors shall be
deemed, or represent themselves to be, employees, agents, contractors or subcontractors of the
other party
92 Both parties shall comply, and shall ensure that their contractors comply with all federal, state and
local laws, regulations, and ordinances applicable to the work and seances to be performed under
this Agreement
93 Each party shall protect, defend, indemnify and save harmless the other party, its officers, officials,
employees and agents while acting within the scope of their employment as such, from any and all
costs, claims,judgments, and/or awards of damages, arising out of or in any way resulting from each
party's own negligent acts or omissions Each party agrees that it is fully responsible for the acts and
omissions of its own subcontractors, their employees and agents, acting within the scope of their
employment as such, as it is for the acts and omissions of its own employees and agents Each
r� party agrees that its obligations under this provision extend to any claim, demand, and/or cause of
action brought by or on behalf of any of its employees or agents The foregoing indemnity is
specifically and expressly intended to constitute a waiver of each party's immunity under
Washington's Industrial Insurance act, RCW Title 51, as respects the other parry only, and only to
the extent necessary to provide the indemnified party with a full and complete indemnity of claims
made by the indemnitors employees The parties acknowledge that these provisions were
specifically negotiated and agreed upon by them
94 The County's rights and remedies in this Agreement are in addition to any other rights and remedies
provided by law
95 This Agreement shall be interpreted in accordance with the laws of the State of Washington in effect
on the date of execution of this Agreement The Superior Court of King County, Washington, shall
have exclusivejunsdiction and venue over any legal action ansing under this Agreement
96 The provisions of this section shall survive any termination of this Agreement
10. ASSIGNMENT
3
DRAFT 7-18-05
101 No assignment of responsibilities, monies due, or claims arising out of this Agreement may be
made without the prior consent of the other party, which consent should rot be unreasonably
withheld
11. CHANGES AND MODIFICATIONS
11 1 Any changes made within the general Scope of Work of this Agreement shall be mutually agreed
to by both parties in writing If such change causes an increase or decrease in the cost and/or
revenue of, or in the time required for the performance, of any services under this Agreement, an
equitable adjustment agreed to by both parties may be made in the Agreement price or period of
performance, and the Agreement shall be modified in writing accordingly
12 TERMINATION OF AGREEMENT
121 Either party may terminate this Agreement, in whole or in part, in writing if the other party
substantially fails to fulfill any or all of its obligations under this Agreement through no fault of the
other, provided, that, insofar as practicable, the party terminating the Agreement will give not less
than ten (10) calendar days' written notice delivered by certified mail, return receipt requested, of
intent to terminate
122 In addition to termination under Paragraph 12 1 of this Section, either party may terminate this
Agreement, in whole or in part, in writing, for its convenience, provided, that the other party will be
given not less than sixty (60) calendar days' written notice delivered by certified mad, return
receipt requested, of intent to terminate
123 Provided, however, the County's ability to perform the work of this Agreement beyond the current
appropriation year is conditional upon appropriation by the King County Council of sufficient funds �t
to support said work Should such an appropriation not be approved, this Agreement will
terminate automatically at the close of the current appropriation year The appropriation year
ends on December 31 of each year
13. EXCUSE FROM PERFORMANCE
Either party shall be excused from performing its obligations under this Agreement during the time
and to the extent that it is prevented from performing by a cause beyond its control, including, but
not limited to any incidence of fire, flood, earthquake or acts of nature, strikes or labor actions,
commandeering material, products, or facilities by the federal, state or local government, national
fuel shortage, when satisfactory evidence of such cause is presented to the other party, and
provided further that such non-performance is beyond the control and is not due to the fault or
negligence of the party not performing In no event should this provision eliminate the need to
make payment to the County for work performed in accordance with this Agreement
14. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver of
breach of any provision of this Agreement shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of this Agreement
4
DRAFT 7-18-05
unless stated to be such in writing, signed by authorized parties and attached to the original
Agreement
15. ALL TERMS AND CONDITIONS
This Agreement merges and supersedes all prior negotiations, representations and agreements
between the parties related to the subject matter hereof and constitutes the entire agreement
between the parties This Agreement may be amended only by written agreement of both parties
This Agreement contains all the terms and condihons agreed upon by the parties No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto
I IN WITNESS WHEREOF The parties hereto have executed this Agreement on the
day of ,2005
CITY OF KENT
BY
Title
KING COUNTY
BY
Title
5
DRAFT 7-I8-05
ATTACHMENT A
CASH FARE REVENUE CALCULATIONS
Route 918
Calculations for Estimated Cash Fare Revenue
SERVICE DESCRIPTION
Service days/hours Monday through Friday
A M and P M. Peak hour service
Total service hours/day 4 6 hours
CASH FARE REVENUE CALCULATIONS
SERVICE HOURS PER DAY 46
RIDERS PER HOUR ' _ _ (to be determined each quarter)
CASH RIDERS PER HOUR #VALUE'
(40%of Riders/hr} ,
RIDERS %of Ridership Cash Fare Vuetghtmgffnp
Youth Riders 24% $0 50 $012
_ Adult Riders 67% $1 50 $1 01
SeniorlJsabled Rid 3%1 $0050
Weighted Average Fare per Rider $1 17
Cash Revenue per Hour. #VALUE'
(Cash rrders/hr X weighted ave Fare)
-1 7T-
Cash Revenue per Day #VALUE' t
(Cash Revenue/Hr x Revenue Hourstday)
Estimated Revenue per Month 4VALUE'
Estimated Annual Revenue #1/ALUE'
6
DRAFT 7-18-05
ATTACHMENT B
Route 918 Service SPECIFICATIONS
A. SHUTTLE BUS OPERATIONS
1. SERVICE DESCRIPTION
The Route 918 will be operated as DART service , providing peak hour service
on weekdays in Kent The route will operate as a commuter shuttle providing
service about every 30 minutes between North Kent and the Kent Station during
the a m and p m peak hours
2. ROUTING
The routing for Route 918 is indicated in the attached map
3. FARES
Regular King County Metro Fares will be collected from passengers riding the
Route 918
4. HOLIDAYS
There is no service on this route on weekends or the following holidays
• Thanksg(ving
• Christmas Eve
• Christmas
• New Year's Eve
• New Year's
DRAFT 7-18-05
ATTACHEMENT B (cont.)
Route 918 Map
(to be inserted)
8
Kent City Council Meeting
Date August 16, 2005
Category Consent Calendar
1. SUBJECT: GAGE'S GROVE FINAL PLAT — APPROVE
2. SUNINIARY STATEMENT: Approve the Final Plat Mylar for Gage's Grove and
authorize the Mayor to sign the Mylar. Gage's Grove, LLC, proposes to subdivide
approximately 8 78 acres into 23 single-family residential lots The property is located
at 12402 SE 240th Street
3. EXHIBITS: Map, Memo with conditions, and Request for Reconsideration of
Decision
4. RECOMMENDED BY: Community Development & Public Works Dept Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure`s No Revenue? No
Currently in the Budget9 Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
t
Council Agenda
Item No 6H
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
PLANNING SERVICES
KENT Charlene Anderson,AICP, Manager
WASHINGTON Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S.
Kent,WA 98032-5895
August 16, 2005 CONSENT CALENDAR 6H
TO: MAYOR JIM WHITE, COUNCIL PRESIDENT DEBORAH RANNIGER AND
CITY COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
THROUGH: MAYOR JIM WHITE
SUBJECT: GAGE'S GROVE FINAL PLAT (#FSU-2001-8/KIVA#2044115)
Attached is a copy of the three revised conditions from the Hearing Examiner's Decision on
Reconsideration of his recommendation on the Gage's Grove Final Plat_ This information was
inadvertently left out of the agenda packet under Consent Calendar 146H.
We request this information be made part of the record
S.\PermitlPlan\longplats\2001\2044115-FSU-2001-8cc2 DOC
Enclosure Revised Conditions of approval(3)—Rearing Examiner Decision on Reconsideration
GAGE'S GROVE FSU-2001-8
DECISION ON RECONSIDERATION
Based on the Findings and Conclusion detailed above, the Hearing Examiner
decides that the conditions of his April 14 Decision shall be modified as follows:
1. A new condition is added to Condition A.3.f , to read as follows.
Vertical curbs and gutters, a 5-foot wide planting strip
constructed between the back of curb and the front of the
sidewalk, and a 5-foot wide cement concrete sidewalk along
the west side of the street along the property frontage.
2. A new condition is added to Condition A 3.g, to read as follows.
Unless additional asphalt concrete pavement width is provided
for parking, all minimum width private streets serving more
than two lots shall have pavement markings and traffic signs
installed which clearly designate these private streets as Fire
Lanes, where no parking will be permitted.
3. Condition 16 shall be modified as follows:
The appliGant shall install a minimum 6 foot high solid wood
fen Ve along the south propertyy-line of Lot 23. The Tense-shall
semplemen «C she perimeter lap pint. of they site Fining
shall not he tee..ri e•eeJ heh Veen the delineated wetland huffe .
doves as this ..tea e i d tp Fe main open and eleaF of ane
o bstfH6t"ons..
Kent Planning Services may require the construction of
privacy fencing as a buffer in addition to landscaping in
appropriate areas such as between the proposed development
and existing homes. A 6-foot high solid wood fence and a 10-
foot wide landscape buffer should be considered as a
replacement for the chain link fence along the south property
line of the proposed development (south of Lot 23). A 10-foot
landscape buffer in lieu of a fence should be considered along
the Lambert property. No building permit shall be issued until
Kent Planning Services certifies that appropriate buffers have
been implemented.
4. The request for modification of Condition A 3.e (9) is denied.
S\Pernut�Plan,longplats\2004\2044 1 1 5-2001-8cc2 doc
1 .
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
PLANNING SERVICES
KEN T Charlene Anderson, AICP, Manager
W ASHINGTON
Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent WA 98032-5895
DATE: AUGUST 9, 2005
TO: MAYOR JIM WHITE, COUNCIL PRESIDENT DEBORAH RANNIGER AND
CITY COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
THROUGH: MAYOR JIM WHITE
SUBJECT: GAGE'S GROVE FINAL PLAT (#FSU-2001-8/KIVA #2044115)
MOTION: Approve the final plat mylar for Gage's Grove and authonze the Mayor to sign the
mylar.
SUMMARY: Gage's Grove, LLC, proposes a final subdivision of approximately 8 78
acres into 23 single-family residential lots The property is located at 12402 SE 2401"
Street.
BUDGET IMPACT: None
BACKGROUND: On April 14, 2004, the Hearing Examiner issued Findings, Conclusions and
' a Decision granting preliminary approval of a 23-lot subdivision with 25 conditions. The
applicant has complied with the conditions required prior to recording.
S Term it\Plan\longplats\2001\2044115-FSU-2001-8cc DOC
Enclosure Conditions of approval—Hearing Examiner
1
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' GAGE'S GROVE
#FSU-2001-8
1
On April 14, 2004, the Hearing Examiner approved the Gage's Grove preliminary plat with the
following conditions
A. PRIOR TO RECORDATION OF THE FINAL PLAT
1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments
' and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction
Conference and/or prior to recording this plat, whichever comes first
' 2 The Owner / Subdivider shall provide Public Works with a digital plat map
prepared with a CAD program The digital information can be formatted in
either " DWG (AutoCad) or * DXF (Drawing Exchange File), but must be
' based upon State Plane coordinates an assumed coordinate system is
not permitted The State Plane Coordinates shall be on the NAD 83/91
datum and relate to at least two City of Kent reference points within one
' half mile of the subdivision In addition, the project shall be tied into at
least two City of Kent NAD 88 vertical benchmarks and two additional
permanent benchmarks shall be established within the project The
' elevations of these benchmarks will be reported at the time as-built
drawings are submitted along with field notes sufficient to verify their
accuracy.
1 3. The Owner/Subdivider shall submit and receive City approval of
engineering drawings from the Department of Public Works, and shall then
either construct or bond for the following:
a. A gravity sanitary sewer system to serve all lots
This development will be served by the Soos Creek Water and
Sewer District and the sanitary sewer system will meet the
' standards of the Soos Creek Water and Sewer District
The septic system serving the existing home(s) within the proposed
subdivision if any shall be abandoned in accordance with King
County Health Department Regulations.
b. A water system meeting domestic and fire flow requirements for all
lots.
' Conditions of Approval
Gage's Grove
#FSU-2001-8
' Page 1 of 12
This development will be served by the Soos Creek Water and '
Sewer District and the water system will meet the standards of the
Soos Creek Water and Sewer District. '
Existing wells — if any - shall be abandoned in accordance with the
requirements of the Department of Ecology
C. A stormwater system The Engineering Plans must meet the
minimum requirements of the City of Kent Construction Standards
and 2002 City of Kent Surface Water Design Manual (KSWDM).
Initial guidance for the Engineering Plans are given below (See ,
Chapter 2 of KSWDM for detailed submittal requirements)
(1) The Engineering Plans will include at a minimum- Site '
improvement plans which include all plans, details, notes
and specifications necessary to construct road, drainage,
and other related improvements The engineering plans shall '
include a technical information report (TIR) which contains
all the technical information and analysis to develop the site
improvement plans ,
(2) An erosion and sedimentation control (ESC) plan shall be
included in the engineering plans The ESC shall meet the ,
requirements of the City of Kent Construction Standards,
and the 2002 City of Kent Surface Water Design Manual
These plans must reflect the Detailed Grading Plan
discussed below, and the Planning Department approved
Detailed Tree Plan
(3) The retention / detention and release standard that will be '
met by the subdivision is Level Two The water quality menu
that will be met by the subdivision is the Resource Stream ,
Protection Menu
(4) The site improvement plans and technical information report '
will contain drainage calculations and a drawing of the
retention / detention pond tract at an appropriate engineering
scale to show that the proposed on-site or off-site retention / '
detention tract is large enough to contain the required
minimum stormwater storage volume and water quality
facility The site improvement plans will also show that all '
required stormwater management facilities will be outside of
delineated wetlands and their buffers, as well as outside of
creeks and rivers and their buffers t
Conditions of Approval '
Gage's Grove
#FSU-2001-8
Page 2 of t2
' (5) A downstream analysis is required for this development, and
it will include an analysis for capacity, erosion potential, and
' water quality. Refer to the requirements of Technical
Information Reports in Section 3 "Offsite Analysis", of the
' 2002 City of Kent Surface Water Design Manual for the
specific information required for downstream analyses
(6) As development occurs within this subdivision, roof
downspouts for each roofed structure (house, garage,
carport, etc ) shall be directed to Roof Downspout Controls
per Chapter 5 1 of the 1998 King County Surface Water
Design Manual.
' (7) If determined necessary by the Public Works Department,
the Owner / Subdivider shall make a good faith effort to
provide public drainage easements meeting the
requirements of the City of Kent Construction Standards for
the specified downstream reach where adequate public
drainage easements do not currently exist
' (8) The Owner / Subdivider shall submit Landscape Plans for
within and surrounding the retention / detention facilities to
' the Planning Department and to the Department of Public
Works for concurrent review and approval prior to, or in
conjunction with, the approval of the Engineering Plans
' These Landscape Plans shall meet the minimum
requirements of the City of Kent Construction Standards,
and the stormwater management landscaping requirements
' contained within the 1998 King County Surface Water
Design Manual Landscape Plans are required to show
adjacent Street Trees so that the City arborist can assess
' potential adverse stress upon all types of vegetation.
(9) The Owner/Subdivider shall execute Declaration of
' Stormwater Facility Maintenance Covenants for the private
portions of the drainage system prepared by the Property
Management Section of the Department of Public Works
' See Reference 8-F, Declaration of Stormwater Facility
Maintenance Covenant, to the 2002 City of Kent Surface
Water Design Manual for information on what is contained
within this document
d. A Detailed Grading Plan for the entire subdivision meeting the
requirements of the Uniform Building Code, the City of Kent
Construction Standards, and City of Kent Development Assistance
Conditions of Approval
Gage's Grove
#FSU-2001-8
Page 3 of 12
Brochure #1-3, Excavation and Grading Permits & Grading Plans '
Initial guidance for these plans is given below
(1) These plans will include provisions for utilities, roadways, ,
retention / detention ponds, stormwater treatment facilities, ,
and a building footpad for each lot
(2) These plans shall be designed to eliminate the need for '
processing several individual Grading Permits upon
application for Building Permits
e Street Improvement Plans for Southeast 236'h Place - 1241h Place
SE These Street Improvement Plans shall meet the requirements
of the City of Kent Construction Standards, and City of Kent '
Development Assistance Brochures #6-2, Private and Public Street
Improvements, and # 6-8, Street Improvement Plans, for a street
designated as a Residential Street by the City of Kent Master Plan '
of Roadways. Initial guidance for the necessary street
improvements is given below
(1) Vertical curbs & gutters, a 5-foot wide planting strip ,
constructed between the back of curb and the front of the
sidewalk, and a 5-foot wide cement concrete sidewalk ,
constructed along the north and east sides of the street
Vertical curbs & gutters and a suitable vegetated buffer strip
that at its narrowest point will have at least 5-feet of width ,
along the south and west sides of this street if determined
feasible The vegetated buffer strip may include a landscape
berm and is intended to separate this new street from the '
adjacent backyards.
(2) To calm vehicle traffic on 124th Place SE, the Applicant shall ,
construct a street choker at the south end of the property
frontage, which shall be consistent with the requirements in
Condition A(3)(e)(3) The Applicant shall also install a street '
sign reading "Local Access Only" along 124`h Avenue SE,
south of the SE 2381h Street — 1241h Place SE intersection
(3) Although City Standards require a minimum of 28-feet of '
asphalt pavement, measured from face of vertical curb to
face of vertical curb, the Department of Public Works will '
permit a reduction to this minimum street width requirement
to 24-feet at the south end of the property frontage —
PROVIDING that this street width reduction is accomplished t
via a street choker designed to calm traffic or other City-
Conditions of Approval '
Gage's Grove
#F S U-2001-8
Page 4 of 12 ,
3
' approved traffic calming measure if determined necessary
by the Public Works Department In addition to the street
' width reduction lust addressed, the City may require
additional pavement width at the intersection of the two
' streets if additional pavement width is required for a BUS
design vehicle to make the horizontal curves in both
directions while remaining on one-half of the street surface
inside the approximately 90 degree intersection.
(4) A street lighting system designed, constructed and
maintained by the IntoLight Division of Puget Sound Energy
with electrical bills to be paid for by a Home Owner's
Association
' (5) A public stormwater drainage system, including provisions
for conveyance, detention, and treatment facilities
' (6) Curb return radii as approved by the Public Works
Department at the intersection of the two subdivision streets.
(7) Street Trees installed within the 5-foot wide planting strips
and vegetated buffer strips These Street Trees will be
' located at least 30-feet from street lights, and the species
shall be selected from the Approved Street Tree List
contained within City of Kent Development Assistance
' Brochure #14, City of Kent Street Trees.
(8) 124th Avenue Southeast shall be extended off-site to the
south side of the intersection with Southeast 238th Place,
and this improved asphalt street shall connect to the street
and sidewalk system constructed for the Meridian Glenn
Subdivision. Specifically, the asphalt pavement shall be
extended south of the proposed subdivision about 180-feet
south of this subdivision to the south side of the intersection
with Southeast 238th Place The minimum asphalt pavement
width for this off-site asphalt pavement street section shall
be 24-feet The transition to Meridian Glen can be
' accomplished using a 20 to 24-foot pavement width section
as discussed above to facilitate the street connection to the
south
' (9) A party of record — as listed on the Witness List in this
Decision — may petition the Hearing Examiner to reopen the
' hearing within 1 year of construction of the 124th Place SE
extension to request a closure of the extended street If the
' Conditions of Approval
Gage's Grove
#FSU-2001-8
Page 5 of 12
Hearing Examiner determines the petition has merit, a '
hearing shall be set for presentation of evidence by any
party of record or successor in interest. The petitioner must '
present evidence of negative impacts to the safety of the
existing street system or surrounding residential '
development The City will be permitted to respond to any
evidence presented The Hearing Examiner may consider
closure of the road to vehicle traffic, but still allow bicycle ,
and pedestrian traffic If the evidence shows that there is a
significant increase in risk to the safety of the neighborhood
from increased vehicle traffic, the Hearing Examiner may '
order the street to be closed to vehicle traffic
f. Street Improvement Plans for 1261h Avenue Southeast Street '
These Street Improvement Plans shall meet the requirements of
the City of Kent Construction Standards, and City of Kent
Development Assistance Brochures #6-2, Private and Public Street
Improvements, and # 6-8, Street Improvement Plans, for a street
designated as a Residential Street by the City of Kent Master Plan
of Roadways Initial guidance for the necessary street ,
improvements is given below
(1) A 5-foot wide walkway along the west side of the street, ,
beginning at the southwest corner of the intersection of 126ch
Avenue Southeast with Southeast 235'h Street, and
terminating at the north property line of that lot identified with '
Assessor's Parcel Number 162205-9128 to provide safe
walking for school children.
(2) A minimum of 14-feet of asphalt pavement, measured from
face of vertical curb constructed along the west side of the
street to the approved design centerline of the street, plus at
least 12-feet of asphalt pavement as measured from the
centerline of the street to the east edge of pavement
(3) A City-approved shoulder shall be constructed on the non- '
project side of the street
(4) A street lighting system designed, constructed and '
maintained by the IntoLight Division of Puget Sound Energy,
electrical bills shall be paid for by a Home Owner's
Association This residential street light system shall be
designed for this subdivision to begin and end at a public '
street intersection, even if this means that one or more street
Conditions of Approval ,
Gage's Grove
#FSU-2001-8
Page 6 of 12
2 �
lights will be installed nearby the boundaries of the subject
subdivision
' (5) A public stormwater drainage system, including provisions
for conveyance, detention, and treatment facilities
(6) Street Trees installed within the 5-foot wide planting strips
' These Street Trees will be located at least 30-feet from
street lights, and the species shall be selected from the
Approved Street Tree List contained within City of Kent
Development Assistance Brochure #14, City of Kent Street
Trees.
' g Street Improvement Plans for the new Private Residential Streets
connected to 1261h Avenue Southeast and terminating with a cul-
de-sac or approved turnarounds at their west termini The Street
' Improvement Plans for the street(s) shall be designed in
conformance with the requirements for a Private Residential Street
as required by City of Kent Construction Standards, and City of
' Kent Development Assistance Brochure #6-2, Private and Public
Street Improvements and City of Kent Development Assistance
Brochure # 6-8, Street Improvement Plans Initial guidance for
these street improvements is given below
(1) A minimum of 20-feet of asphalt concrete pavement
' (2) A minimum radius of 25-feet at the public street unless
otherwise approved by the Fire Marshal.
' (3) A 5-foot wide paved walkway constructed along at least one
side of each private street
(4) An approved cul-de-sac, or turnaround at the west terminus,
unless determined unnecessary by the City Fire Marshal
(5) A private stormwater drainage system, including provisions
for conveyance, detention, and treatment facilities as
applicable.
h. Pedestrian Walkway Improvement Plans for a 6-foot wide asphalt
walkway from the end of the cement concrete sidewalk constructed
in the north cul-de-sac constructed for 1251h Place SE, through
drainage Tract A, and then connecting to Southeast 124th Avenue
Southeast south of Lot 23
Conditions of Approval
Gage's Grove
#FSU-2001-8
Page 7of12
4. The face of the final plat map will clearly identify all private streets, and ,
which parcels will be served by those private streets The face of the final
plat map will also specify that the maintenance of all private streets is the '
sole responsibility of the property owners who are served by those private
streets
5. The Owner/Subdivider shall create a Homeowner's Association for this '
subdivision to ensure that the property owners within this subdivision are '
advised of their requirement to pay for the provided street lighting system
Those sections of the required document written to govern that
association as they relate to the IntoLight Division of Puget Sound Energy ,
street lighting systems shall be reviewed and approved by the Department
of Public Works, prior to the recording these documents.
6. The Owner/Subdivider shall submit and receive approval of a Detailed
Tree Plan, meeting the requirements of the Kent Zoning Code, and City of
Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to ,
the issuance of any Construction Permits for the subdivision Grading
Plans cannot be approved by the Department of Public Works without an
approved Detailed Tree Plan Detailed Tree Plans are not to be confused '
with required Street Tree Plans, which have an entirely different purpose
7. The Owner/Subdivider shall deed all public rights-of-way, and otherwise ,
convey all private and public easements necessary for the construction
and maintenance of the required improvements for this subdivision
development The Owner/Subdivider shall provide the City with
documentation showing that the existing easements traversing the
proposal have been extinguished
8. The Owner/Subdivider shall permanently protect the approved and ,
preserved, and/or enhanced, or created wetland(s) and it's buffer(s) by
creating a separate Sensitive Area Tract and deeding the tract in fee '
simple to the City, OR by granting a Sensitive Area Easement to the City
for the entire sensitive area, in conformance to the requirements of the
City of Kent Wetlands Management Code This Sensitive Area Tract or ,
Easement shall be consistent with the wetland and wetland buffer map
contained within the approved Wetland Delineation Report and/or
approved Wetland Mitigation Plan as appropriate Where the wetlands '
also act as a drainage course ass determined by the City, the
Owner/Subdivider shall grant to the City an easement for drainage
purpose over, upon, and under said area described in the Sensitive Area
Tract or Easement for which said rights shall supercede those described
for the Sensitive Area Tract or Easement The Owner/Subdivider shall
provide a legal description of said easement or tract prepared by a '
licensed land surveyor, prior to issuance of any Construction Permits The
Conditions of Approval '
Gage's Grove
#FS U-2001-8
Page 8 of 12 ,
Sensitive Area Tract and the following language shall be included on the
face of the recorded plat:
SENSITIVE AREA TRACTS ! EASEMENTS
i DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT CONVEYS TO THE
PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT THIS
INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL
' PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE,
INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF
SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF
WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT THE SENSITIVE
AREA TRACT / EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS
AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT / EASEMENT THE
OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT,
TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE
TRACT THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED,
COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING
FROM THE CITY OF KENT
THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT AND THE AREA
OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO
THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING,
BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY THE REQUIRED
MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT
' ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED
NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS
(INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND
1 OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT /
EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY
THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND
UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM
DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR
ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE
UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE
After construction, the wetland and buffer areas shall be isolated from
intrusion and/or disturbance using landscaping, or other appropriate
screens, as well as an approved permanent wildlife-passable fence In
addition, Wetland Information Signs approved by the Department of Public
' Works shall be placed at the wetland buffer edge to Inform and educate
owners and nearby residents about the value of wetlands.
9 The Owner/Subdivider shall permanently protect the approved and
preserved, and/or enhanced, or relocated creek and Its buffer(s) by
creating a separate Sensitive Area Tract and deeding the tract In fee
1 simple to the City, OR by granting a Sensitive Area Easement to the City
for the entire sensitive area, in conformance to the requirements of the
Conditions of Approval
Gage's Grove
#FSU-2001-8
Page 9 of 12
City of Kent Zoning Code This Sensitive Area Tract or Easement shall be ,
consistent with the creek and creek buffer map contained within the
approved topographic and boundary survey provided for this proposed ,
project The Owner/Subdivider shall provide a legal description of said
easement or tract prepared by a licensed land surveyor, prior to issuance ,
of any Construction Permits The Sensitive Area Tract or Easement shall
be deeded or granted to the city for drainage utility purposes for which
said purposes shall take priority over all other rights and restrictions ,
(present or future) encumbering the described property In addition the
following language for the Sensitive Area Tract or Easement shall be
included on the face of the recorded short plat (to be included with wetland
sensitive area tract/easement recording)
SENSITIVE AREA TRACTS/EASEMENTS '
DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT CONVEYS TO THE
PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT THIS
INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL
PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE,
INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF
SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF
WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT THE SENSITIVE
AREA TRACT / EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS
AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT / EASEMENT THE
OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, ,
TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE
TRACT THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED,
COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING '
FROM THE CITY OF KENT
THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT AND THE AREA
OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO ,
THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING,
BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY THE REQUIRED
MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT '
ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED
NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS
(INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND
OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT /
EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY
THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND '
UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM
DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR
ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE ,
UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE
10. The applicant shall design and construct the wetland buffer trail in a ,
manner to minimize the amount of intrusion into the wetland buffer and to
minimize clearing, grading, erosion and water quality degradation The
Conditions of Approval ,
Gage's Grove
#FSU-2001-8
Page 10 of 12
' trail shall be constructed and designed to keep users on the designated
trail minimizing impacts to the wetland area Construction and design
' techniques may include, but not be limited to, the placement of signs, the
creation of a distinct trail edge and utilization of materials for the trail
surface such as hog fuel or gravel The trail shall be aligned within the
wetland buffer so that no regulated tree shall be cut or removed The
applicant shall coordinate the final trail plan with their wetland consultant
who completed the initial wetland delineation and with the City's
consultant who conducted peer review of the delineation for this property
L 11. The Owner/Subdivider shall provide the Department of Public Works with
a copy of an approved Hydraulic Project Approval (HPA), OR A WRITTEN
WAIVER THEREFROM issued by the Washington State Department of
Fish and Wildlife with the first submittal of Construction Plans Contact
Larry Fisher of the Washington State Department of Fish and Wildlife at
(425) 649-7098 for additional information
12. Prior to release of any construction bonds, and prior to the approval of any
Building Permits within the subject subdivision, the Department of Public
Works must receive and approve As-Built Drawings meeting the
requirements of the City of Kent Construction Standards, and City of Kent
Development Assistance Brochure #E-1, As-Budd Drawings, for Streets,
Street Lighting System, Water, Sewer, Stormwater Drainage Facilities,
and all off-site improvements where the locations and/or elevations are
deemed critical by the Department of Public Works
I13. The Owner/Subdivider shall create a Homeowner's Association for this
subdivision that establishes maintenance responsibility of all landscape
areas for this development The landscape areas include the 10 foot
perimeter landscaping and landscaping west of 124th Avenue SE
14. The landscaping west of 124th Avenue SE shall be established and
identified as a separate landscaping tract
' 15. Perimeter landscaping shall consist of Type II solid screen including trees,
shrubs and groundcover This landscaping shall provide a solid screen
within two years of planting
16. The applicant shall install a minimum 6-foot high solid wood fence along
the south property line of Lot 23 The fence shall complement the
perimeter landscaping of the site Fencing shall not be required between
the delineated wetland buffer edges as this area is required to remain
open and clear of any obstructions
Conditions of Approval
Gage's Grove
#FS U-200 l-8
Page 11 of 12
17 The applicant shall hire a certified arborist to evaluate the tree(s) along the ,
north property line between the east wetland buffer edge and northeast
corner of the property prior to commencement of any construction '
activities The evaluation shall include the trees on adjacent properties
identified as tax parcels #5469700560, and #5469700550 A written
assessment shall be made about the condition of the trees on these lots
and the potential impact of grading and clearing activities for site
development will have on these trees A copy of this written assessment ,
shall be provided by the applicant to the city If said trees are determined
to be unstable in light of the proposed land disturbing activities and are
recommended to be removed by the arbonst because of the impacts of
this development the applicant shall remove the hazardous tree(s) as
identified The Applicant does not have a responsibility to remove trees
on adjacent property after providing the adjacent property owner with five- '
days notice that removal should occur based on the professional opinion
of an arbonst
18 The applicant/owner shall install mailboxes at locations per standards ,
approved by the U S Postmaster and the Department of Public Works
19 The storage or parking of recreational vehicles shall be prohibited within '
this zero lot line subdivision The applicant shall include a statement
within the recordable homeowners documentation regarding the storage of '
recreational vehicles on the individual lots
20 The Applicant shall demonstrate compliance with the zero lot line ,
development standards provided in KCC 12 04 775 and 15 08 320
B. PRIOR TO, OR IN CONJUNCTION WITH, THE ISSUANCE OF A BUILDING
PERMIT ON ANY LOT IN THIS SUBDIVISION, THE OWNER/SUBDIVIDER
SHALL:
1. Record the Plat. ,
2. Pay the environmental mitigation fee for that lot
3. Receive approval of the required As-Built Drawings for Street, Street
Lighting, Water, Sewer, and Stormwater Management Facilities I
4 Construct all of the improvements required above.
5. Pay the Kent School District School Impact Fee for that lot ,
S Term it\PlanAlongplats\2001A2044 1 15-200 1-8conditons doe
Conditions of Approval '
Gage's Grove
#FSU-2001-8
Page 12 of 12 ,
DATE April 21, 2004
TO' Mr Theodore Hunter, Hearing Examiner
■ FROM: City of Kent Staff
RE: Request for Reconsideration of Decision
Gage's Grove Zero Lot Line Subdivision
File No SU-2001-8/KIVA#RPP3-2031227
This memo is a formal request for reconsideration of the decision issued on
April 14, 2004, approving the Gage's Grove Zero Lot Line Subdivision with
conditions Specifically, the following provides the decision document text that
staff is requesting reconsideration and a brief comment
' FINDINGS
27 The City testified that the additional 5 parking spaces per residence
were unnecessary for this proposal because it is not a multi-family
development and parking will be provided in garages and driveways
Testimony of Mr Gill
' Staff Comment
This testimony reference should state Testimony of Mr Hankins
DECISION
Decision condition A.3.e.(9) which provides as follows:
' A party of record — as listed on the Witness List in this Decision — petition the
Hearing Examiner to reopen the hearing within 1 year of construction of the
124th Place SE extension to request a closure of the extended street If the
Hearing Examiner determines the petition has merit, a hearing shall be set for
presentation of evidence by any party of record or successor in interest The
petitioner must present evidence of negative impacts to the safety of the
existing street system or surrounding residential development The City will
be permitted to respond to any evidence presented The Hearing Examiner
may consider closure of the road to vehicle traffic, but still allow bicycle and
pedestrian traffic If the evidence shows that there is a significant increase in
risk to the safety of the neighborhood from increased vehicle traffic, the
Hearing Examiner may order the street to be closed to vehicle traffic
' Staff Comment
This condition is in error of the law in that it allows for the closure of a road
' that would create a violation of Kent City Code (KCC) 12 04 235(c)(2), which
provides that jr]esddential cul-de-sacs shall not exceed a length of five
hundred (500) feet " A cul-de-sac is defined as "a short street having one (1)
end open to traffic and being terminated at the other end by a vehicular turn
around KCC 12 04 025 If the road were closed to vehicular traffic, a cul-de-
Theodore Hunter, Hearings Examiner '
RE Gage's Grove Zero Lot Line Subdivision
April 21, 2004
Page 2
sac would be created that exceeds five hundred (500) feet in length The end
of the road open to traffic, at either SE 2401h Street or SE 2361h Street , would
be longer than 500 feet in length
Additionally, an emergency vehicle turn around must be provided in accord ,
with the 1997 Uniform Fire Code, which provides that "[d]ead-end fire
apparatus access roads in excess of 150 feet (45720 mm) in length shall be
provided with approved provisions for the turning around of fire apparatus "
UFC 902 2 2 4 Closing the road will leave emergency vehicles without
adequate turning area This turning area may even be needed on both sides ,
of the road closure Emergency vehicles will also be denied multiple access
points to the site, the importance of which was testified to by City staff at the
public hearing If the single access point is blocked, emergency vehicles will
not be able to gain access in the event of a fire or other life threatening ,
emergency
Lastly, the Hearing Examiner's retention of jurisdiction to close a road
conflicts with the authority granted to the Public Works Director to close a
road under KCC 6 07 090
Condition A.3.f '
It appears that the conditions regarding improvements to 1261h Avenue SE
were changed to clarify what is considered "off site" improvements and
standard frontage improvements Staff is requesting that the recommended
condition dealing with the applicants responsibility for street improvements ,
along their property frontage be maintained Staff is requesting the following
be added to condition A 3.f
(1) Vertical curbs & gutters, a 5-foot wide planting strip constructed '
between the back of curb and the front of the sidewalk, and a 5-
foot wide cement concrete sidewalk along the west side of the
street along the property frontage.
Condition A.3.g
It appears that the fire department requirements for signage and pavement ,
markings was inadvertently deleted from Condition A 3 g Staff is requesting
this condition be added back into the decision as follows
(6) Unless additional asphalt concrete pavement width is provided
for parking, all minimum width private streets serving more than '
two lots shall have pavement markings and traffic signs
installed which clearly designate these private streets as Fire
Lanes, where no parking will be permitted.
Theodore Hunter, Hearings Examiner
RE Gage's Grove Zero Lot Line Subdivision
April 21, 2004
Page 3
Condition 16
Regarding Condition 16 staff is requesting clarification about the perimeter
1 fencing Staff recommending a condition for fencing and landscaping around
the entire perimeter of the site with the exception of the wetland and wetland
buffers Is new fencing only required to be provided by the applicant along
the south property line of Lot 23? It appears so, however with the language
about fencing complimenting perimeter landscaping and not being required
along the delineated wetland buffer edges makes the extent of perimeter
1 fencing unclear.
The condition states "The applicant shall install a minimum 6-foot high solid
wood fence along the south property line of Lot 23 The fence shall
1 compliment the perimeter landscaping of the site Fencing shall not be
required between the delineated wetland buffer edges as this area is required
to remain open and clear of any obstructions "
Thank you for your consideration in this matter. Should you have any further
questions regarding this memo, please call me to so we can discuss the
1 above matters further I can be reached at (253) 856-5440
CH:S \Permit\Plan\longplats\2001\2031227-2001-8request.doc
cc Charlene Anderson, AICP Planning Manager
Gary Gill, Public Works
1 Kim Adams Pratt
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Kent City Council Meeting
Date Auizust 16, 2005
Category Consent Calendar
1. SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBER RAPLEE FROM
AUGUST 2, 2005, MEETING — APPROVE
2. SUMMARY STATEMENT: Approve an excused absence from the August 2, 2005
Council meeting for Councilmember Raplee
t3 EXHIBITS: None
4 RECOMMENDED BY: Council President Ranni�,Yer
(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:
ICouncilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 61
Kent City Council Meeting
Date Amiust 16, 2005
Category Bids
1. SUBJECT: CITY HALL PIPE RELINING
2. SUMMARY STATEMENT: The bid opening was held on August 2, 2005 with
one bid received The apparent low bid was submitted by American Pipe Lining NW,
Inc for the amount of$98,500.00, excluding Washington State Sales Tax (WSST).
The Engineer's estimate is $86,00.00, excluding WSST.
The Parks Director recommends authorizing the Mayor to enter into an agreement with
American Pipe Lining NW, Inc. for the amount of$98,500 00, to complete the City
Hall Pipe re-lining Project
3. EXHIBITS: Bid tab
4. RECOMMENDED BY: Parks Director
(Committee, Staff. Examiner, Commissio , 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, Councilmembe seconds
that the Mayor be authorized to enter into an agreement with American Pipe Lining
NW, Inc for the amount of$98,500, plus Washington State Sales Tax to complete the
City Hall Pipe Relining Project.
DISCUSSION:
ACTION:
Council Agenda
Item No 8A
1
City of Kent
Parks, Recreation and Community Services
Facilities Division
Bid Tab
i
Project: City Hall Pipe Re-lining Date: August 2, 2005
tBidder Amount
American Pipe Lining NW Inc. $981500.00
Kent City Council Meeting
Date August 16, 2005
Category Bids
I. SUBJECT: 2005 TRAFFIC RE-STRIPING
L 2. SUMMARY STATEMENT: The bid opening for this project was held on July 29,
2005, with three (3) bids received. The low bid was submitted by Stripe Rite, Inc in
the amount of$49,660. The Engineer's estimate was $51,935.
3 EXHIBITS: Public Works memorandum
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commissio , etc.)
' 5. FISCAL IMPACT
Expenditure? X Revenue?
Currently m the Budget? Yes No
If no
Unbudgeted Expense- Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTIO
Councilmember moves, Councilmember seconds
to authorize the Mayor to enter into a contract with Stripe Rite, Inc. in the amount of
S49,660 for the 2005 Traffic Striping project.
DISCUSSION: --��
ACTION: C__
Council Agenda.
Item No 8B
PUBLIC WORKS DEPARTMENT
Larry Blanchard Public Works Director
Phone 253-856-5500
K E N T Fax 253-856-6500
WASH I N G T O N Address 220 Fourth Avenue S
Kent, WA 98032-5895
August t6, 2005
TO: Mayor White and Kent City Council
FROM- Andy Hanscom, Street Signs, Marking Supervisor
THROUGH: Larry Blanchard, Public Works Director
SUBJECT: 2005 Traffic Striping
Bid opening for this project was held on July 29, 2005 with three bids received The low bid was
submitted by Stripe Rite, Inc in the amount of$49,660 00 The Engineer's estimate was
551,935 00 The Public Works Director recommends awarding this contract to Stripe Rite, Inc.
Bid Summary
Stripe Rite, Inc. $49,660.00
Apply A Line, Inc. $51,660.00
Specialized Pavement Marking, Inc. $51,945.00
Engineer's Estimate $51,935 00
Mayor Wluc and Kcnt City Council 2005 Traffic Striping -Award Bid
August 16,2005
t
Kent City Council Meeting
Date August 16, 2005
Category Bids
1. SUBJECT: 118TH AVENUE WATER MAIN CONNECTION TO TACOMA
PIPELINE 5
I2. SUMMARY STATEMENT: The bid opening for this project was held on
August 2, 2005 with eight (8) bids received The low bid was submitted by Shoreline
Construction Co. in the amount of$1,036,837 89. The Engineer's estimate was
$858,766 36
3. EXHIBITS: Public Wor s memorandum
4. RECOMMENDED BY: Sta f
(Committee, Staff, Examiner Commission, etc )
5. FISCAL IMPACT
Expenditure" X Reven e?
Currently in the Budget? Y S . X No
If no:
Unbudgeted Expense- Fund Amount S
Unbudgeted Revenue. Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember Wseconds
to authorize the Mayor to enter into a contract with Shoreline Construction Co in the
amount of$1,036,837.89 for the I I8th Avenue Water Main Connection to Tacoma
Pipeline 5 project
DISCUSSION:
ACTION:
Council Agenda
Item No 8C
PUBLIC WORKS DEPARTMENT
Larry Blanchard Public Works Director
• Phone 253-856-5500
Fax 253-856-6500
K E N T
W A b M N G T o N Address 220 Fourth Avenue S
Kent, WA 98032-5895
August 16, 2005
TO: Mayor White and Kent City Council
FROM- Tim LaPorte, Design Engineering Manager
THROUGH: Larry Blanchard, Public Works Director
SUBJECT: 118"' Avenue Water Main Connection to Tacoma Pipeline 5
Bid opening for this project was held on August 2, 2005 with eight bids received The low bid
was submitted by Shoreline Construction Co in the amount of S 1,036,837.89 The Engineer's
estimate was S858,766 36 The Public Works Director recommends awarding this contract to
Shoreline Construction Co.
Bid Summary
Shoreline Construction Co. $1,036,837.89
James W Fowler Co $1,148,562 21
R L Alia Company $1,156,247 52
Pivetta Brothers Construction, Inc $t,220,457 47
D D.J construction Co., Inc $t,238,124 96
Rodarte Construction, Inc $t,243,469 76
Westwater Construction Co $1,306,089 60
Construct Co $L366,461 63
Engineer's Estimate $858,766.36
Mayor Whuc and Kent City Council 118trh Ave Watermam Connection to Tacoma Pipeline 5 -Award Bid
August 16,2005
1
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT Z-3 IVdA6
B OPERATIONS COMMITTEE Oaltk- Zj,0
i
�) - 7-c! Iei
C. PUBLIC SAFETY COMMITTEE `T '
D. PUBLIC WORKS
E. PLANNING AND ECONOMIC DEV OPMENT COMMITTEE
F. PARKS AND HUMAN SERVICES COMMITTEE
ca41vcv--&c�
G. ADMINISTRATIVE REPORTS vid
l -J U nun �loo h yw c
REPORTS FROM SPECIAL COMMITTEES
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PUBLIC WORKS COMMITTEE MINUTES
June 20, 2005
COMMITTEE MEMBERS PRESENT Comrruttee Chair Bruce White and
' Committee Members Ron Harmon and Debbie Raplee The meeting was called to order
at513PM
Approval of Minutes Dated June 6, 2005
Committee Member Ron Harmon moved to approve the minutes of June 6, 2005 The
motion was seconded by Debbie Raplee and passed 3-0.
Pacific Hiehway S. HOV Lanes Project Quit Claim Deed
Mark Howlett, Design Engineering Supervisor said the City of Kent owns a narrow
parcel of property along Pacific Highway South near the intersection of S 2681b Street
In order to avoid encumbenng the City owned property with a private utility easement,
the Public Works Department is recommending that the Mayor be authorized to Quit
Claim to itself the westerly 10 feet of the property for street right of way PSE tines will
remain within franchise area
Debbie Raplee moved to recommend authorizing the Mayor to execute a Quit
Claim Deed turning a portion of City property along Pacific Highway South in the
vicinity of South 268i'' Street into street right of way subject to the City Attorney
and public Works Director's concurrence of the language therein. The motion was
seconded by Ron Harmon and passed 3-0.
TIB Grant Agreement for East Valley Highway
Mark Howlett, Design Engineering Supervisor said this grant, in the amount of S 150,000,
is for the design and construction phases of the City's East Valley Highway Project
Ron Harmon moved to recommend authorizing the Mayor to sign the
Transportation Improvement Board"Fuel Tax Grant Distribution Agreement" for
the East Valley Highway Project and authorize the establishment of the budget for
same along with directing staff to spend the money accordingly. The motion was
seconded by Debbie Raplee and passed 3-0.
Street Vacation for a Portion of Is' Avenue North
Gary Gill, City Engineer said a valid petition to vacate a portion of I"Ave North has
been received by Public Works Department The Public Works Department recommends
adoption of a resolution setting the public hearing date for August 16, 2005
Debbie Raplee moved to recommend Council adoption of a resolution setting a
public hearing date of August 16, 2005 for the Street Vacation located along a
portion of I"Avenue just south of James Street. The motion was seconded by Ron
Harmon and passed 3-0.
Spears Engineering Contract for Various Construction Projects in the City
Tim LaPorte, Design Engineering Manager said this contract with Spears Engineering
will provide the City with construction inspection and testing assistance for various
projects over the next twelve months The sum total of Spear's Engineering work will
not exceed$600,000
2
2
Ron Harmon moved to recommend authorizing the Mayor to sign the contract with
Spears Engineering for$600,000 to provide the City of Kent inspection services for
various projects as described herein upon concurrence of the language therein by
the City Attorney and Public Works Director. The motion was seconded by
Debbie Raplee and passed 3-0.
Municipal Lot Block Alley Vacation i
Nathan Torgelson, Lconomic Development Manager said as part of the proposed Town
Square Plaza and Project Springboard on the Municipal Lot Block,the council needs to
consider vacation of the alley that runs east-west through the block from 2°d Avenue to
4`h Avenue The Public Works Department recommends adoption of a resolution setting
the public hearing for date for the Alley Vacation on August 2, 2005
Debbie Raplee moved to recommend council adopt the proposed resolution to
schedule a public hearing on August 2, 2005,to consider vacation of the alley that
runs east-west through the Municipal Lot Block in downtown Kent from 4ch Avenue
to 2"d Avenue. The motion was seconded by Ron Harmon and passed 3-0.
The meeting adjourned at 5 23 P M
Janet Perschek
Administrative Assistant
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