HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/07/2007 i
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City of Kent
City Council Meeting
Agenda
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August 7, 2007
Mayor Suzette Cooke
Deborah Ranniger, Council President
j Councilmembers
Elizabeth Albertson Bob O'Brien
Tim Clark Debbie Raplee
Ron Harmon Les Thomas
. . . .
j KEN
WASHINGTON
City Clerk's Office
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KEN T KENT CITY COUNCIL AGENDAS
W^5 H I N°TON August 7, 2007
Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Deborah Ranmger, President
Elizabeth Albertson Tim Clark Ron Harmon
Bob O'Brien Debbie Raplee Les Thomas
COUNCIL WORKSHOP CANCELLED
SPECIAL COUNCIL MEETING AGENDA
5:00 P.M.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA -None
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. Kent-Yangzhou China Youth Ambassadors
D. Employee of the Month
5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting—Approve
B. Payment of Bills—None
C. Ordinance Declaring Graffiti a Public Nuisance—Adopt
D. Ordinance Increasing Commercial Truck Parking Penalty—Adopt
E Riverbend Golf Complex Surplus Equipment Disposal—Authorize
F. King Conservation District Grant—Accept and Authorize
G 132nd Street Park Master Plan—Approve
H. East Hill Water Reservoir Agreement—Authorize
I. 116'h Avenue SE Testing and Inspection Services Contract—Authorize
J. 2007 Asphalt Overlays Testing and Inspection Services Contract—Authorize
K. Kent Events Center Floodplain Mitigation Geotechmcal Services Contract—Authorize
L. Congress ional/Legislative Support Contract— Authorize
M. 106"' Avenue SE Sewer Main Extension and Latecomer Agreement—Authorize
N. Solid Waste Handling Service Ordinance—Adopt
(Continued)
ICOUNCIL MEETING AGENDA CONTINUED
7 OTHER BUSINESS
A. Public Facilities District Formation—Ordinance
8. BIDS
A. South 277th Street Corridor- Green River Road Detention Pond
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL
COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION
A. Pending Litigation
12. ACTION AFTER EXECUTIVE SESSION
A. Cedar Pointe Rezone—Ordinance
B. Kent256th Rezone—Ordinance
C. Ellis Rezone—Ordinance
D. Vista Landing Rezone—Ordinance
13. ADJOURNMENT
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NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the
Kent Library. The Agenda Summary page and complete packet are on the City of Kent
web site at www.ci kent.wa.us.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office in advance
at(253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service
at1-800-833-6388.
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1 PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
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jB) COMMUNITY EVENTS
C) KENT-YANGZHOU CHINA YOUTH AMBASSADORS
D) EMPLOYEE OF THE MONTH
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1 CONSENT CALENDAR
6. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent dalendar Items A through N.
Discussion
Action
6A Approval of Minutes
Approval of the minutes of the special Council meeting of July 17, 2007.
6B. Approval of Bills.
Figures were not available for approval.
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Council Agenda
Item No. 6 A-B
KE Special Kent City Council Meeting
NT W<$HINGTG N_ July 17, 2007
The special meeting of the Kent City Council was called to order at 5 30 p m. by Mayor Cooke.
Councilmembers present: Albertson, Harmon, O'Brien, and Ranniger. Councilmembers Clark,
Raplee and Thomas were excused from the meeting (CFN-198)
CHANGES TO THE AGENDA
A. From Council. Administration or Staff. (CFN-198) Public Communications Item E,
Neighborhood Council Program Recognition, and Action After Executive Session Items A and B,
jKent 256"' Rezone and Cedar Pointe Rezone, were removed from the agenda.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) Mayor Cooke introduced members of her family who
are visiting from Canada. She introduced Lions Club members Andi and Mike Lanxon and
commended them and the Lions Club for their work on Cornucopia Days
B. Community Events. (CFN-198) Council President Ranmger announced an outdoor cinema to
be held on August 10th at Lake Meridian, and noted that many musical events are being held
throughout Kent this summer
C. Introduction of Appointee. (CFN-839) Mayor Cooke introduced Dr Bayard DuBois, her
appointee to the Kent Arts Commission.
D National Night Out. (CFN-155) Mayor Cooke read a proclamation regarding National Night
Out and presented it to Judi Mauhl who explained the program and invited all to participate.
F. Public Safety Report. (CFN-122) Police Chief Strachan outlined crime statistics for May and
June, and reported on activities related to the Fourth of July and Kent Cornucopia Days. He gave
an update on the use of rumble strips to stop street racing, and noted that retailers in the downtown
area have agreed not to sell single serving containers of alcohol during certain hours Fire Chief
Schneider provided a summary of fireworks enforcement as well as a list of cities which ban fire-
works. He noted that Melanie Taylor won l" place for her middle school program at the recent
Fire, Burn and Life Safety Conference, discussed the upcoming levy election, and spoke about
staffing the new Fire District 37 station in Covington.
CONSENT CALENDAR
Ranmger moved to approve Consent Calendar Items A through P. Harmon seconded and the
motion carried.
iA. Approval of Meeting. (CFN-198) The minutes of the regular Council meeting of July 3,
2007, were approved.
B. Approval of Bills. (CFN-104) Figures were not available for approval.
C. Recognition of Greenfield Park Neighborhood Council. (CFN-1304) Resolution No. 1768
which recognizes the Greenfield Park Neighborhood Council, supports its community building
efforts, and confers all opportunities offered by the Crty's Neighborhood Program was adopted.
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Kent City Council Minutes July 17, 2007
D. Revision to Parking Code/263rd Street SE. (CFN-171) Ordinance No 3846 which amends
Kent City Code Section 9 38.020 to delete the parking prohibition on Southeast 263`d Street from
124`s Avenue Southeast to 500 feet west of 1241s Avenue Southeast was adopted.
E. Lake Fenwick Grass Carp Screen Project. (CFN-1038) Staff was authorized to retain King
County's services under an existing Interlocal agreement for work on the Lake Fenwick Grass Carp
Screen project in an amount not to exceed $25,930, and the Mayor was authorized to sign all
necessary documents.
F. Code Amendment, Docketing & Comprehensive Plan Amendment Procedures.
(CFN-961&377) Ordinance No. 3847 amending Chapter 12.02 of the Kent City Code, which
includes procedures for amending the comprehensive plan and development regulations was
adopted
G. Shoreline Master Program Grant. (CFN-472) The grant from the State of Washington for
$190,000 to update the City's Shoreline Master Program was accepted and the Mayor was
authorized to sign the necessary documents.
H. Purchase of Fire Station Exhaust Extraction System. (CFN-122) The Mayor was authorized
to enter into an agreement with Air Exchange,Inc. in the amount of S30,423 00, excluding
Washington State Sales Tax, to furnish the Plymovent vehicle exhaust extraction system for
Stations 71 and 73.
I. Interlocal Agreement Regarding Zone 3 Special Operations. (CFN-122) The Fire Chief
was authorized to sign the Interlocal Agreement regarding Zone 3 Special Operations, upon final
terms and conditions acceptable to the City Attorney.
J. Interlocal Cooperative Agreement between Valley Regional Fire Authority and Citv of
Kent. (CFN-122) The Mayor was authorized to sign the Interlocal Cooperative Agreement
between Valley Regional Fire Authority and the City of Kent, upon final terms and conditions
acceptable to the City Attorney.
K. Kent Rotary Donation. (CFN-122) The donation made by the Kent Rotary in the amount of
$t50 was accepted The Kent Police Department will use the funds to purchase disposable digital
cameras and photo processing for youth to use in The Walking Guide project This project was
developed by the Weed and Seed Steering Committee and will be facilitated by the Parks
Lighthouse staff.
L. Kent Police Employees Benevolent Association Donation. (CFN-122) The donation made
by the Kent Police Employees Benevolent Association in the amount of$150 was accepted. The
Kent Police Department will use the funds to purchase disposable digital cameras and photo
processing for youth to use in The Walking Guide project. This project was developed by the Weed
and Seed Steering Committee and will be facilitated by the Parks Lighthouse staff.
M. Washin ton Traffic Safety Commission Grant. (CFN-122) The grant from the Washington
Traffic Safety Commission(WTSC) in the amount of$31,000 to purchase school zone flashing
beacons/lighting to be used in legally marked elementary school zones was accepted.
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Kent City Council Minutes July 17, 2007
N. Kent Arts Commission Appointment. (CFN-839) The Mayor's appointment of Dr. Bayard
DuBois to serve on the City of Kent's Arts Commission was confirmed. His appointment will fill a
vacancy currently on the Commission
O. Excused Absence for Councilmembers. (CFN-198) An excused absence for Council-
members Clark, Raplee and Thomas from tonight's meeting was approved.
P. WashinEton Traffic Safety Commission Grant. (CFN-122) The grant from the Washington
Traffic Safety Commission (WTSC) in the amount of$4,500 to provide supplemental overtime
funding for DUI enforcement by the Kent Police Department was accepted. This DUI campaign,
"Drive Hammered—Get Nailed", begins on August 15th and runs through September 3, 2007.
REPORTS
Council President. (CFN-198) No report was given.
Mayor. (CFN-198) Mayor Cooke reported on the mayor of El Grullo's recent visit, upcoming
neighborhood meetings, the Roads and Transit Plan, the Flood Control Zone, and the West Nile
Virus.
Operations Committee. (CFN-198) No report was given.
Parks and Human Services Committee. (CFN-198) Ranniger noted that the committee will meet
at 5 00 p in on Thursday, July 19
Planning and Economic Development Committee. (CFN-198) No report was given.
Public Safety Committee. (CFN-198) No report was given
Public Works Committee. (CFN-198) No report was given.
Administration. (CFN-198) Hodgson announced that a special meeting of the City Council
regarding the Events Center is tentatively planned for Thursday, July 26, at 5.30 p m , and noted
that the Council meeting of August 7`" will begin at 5.30 p.m. so that Councilmembers can
participate in National Night Out activities. He added that there will be an Executive Session of
approximately fifteen minutes to discuss pending litigation, and said that no action afterward is
expected.
EXECUTIVE SESSION
The meeting recessed into Executive Session at 6.27 p in
ADJOURNMENT
The meeting reconvened and adjourned at 7:02 p.m.
Brenda Jacober, CMC
City Clerk
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Kent City Council Meeting
Date August 7, 2007
Category Consent Calendar
1. SUBJECT: ORDINANCE DECLARING GRAFFITI A PUBLIC NUISANCE—
ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. amending section
8.01.030 of the Kent City Code to declare graffiti a public nuisance.
Although graffiti has been an increasing problem in the city of Kent, the Kent City
Code does not currently give city staff the tools to effectively address it Amending
section 8 01 030 of the Kent City Code to declare graffiti a public nuisance is a
necessary first step in formulating effective policies to seek prompt eradication of
graffiti.
3. EXHIBITS: Ordinance and Tom Guilfoil's 7/10/07 memo to the Public Safety
Committee
4. RECOMMENDED BY: Public Safety Committee
(Committee, Staff, Examiner, Commission, etc.)
1 5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue. Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
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DISCUSSION.
ACTION:
Council Agenda
Item No 6C
LAW DEPARTMENT
Tom Brubaker, City Attorney
Phone: 253-856-5770
KEN T Fax: 253-856-6770
WASHINGTON Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
July 10, 2007
To: Public Safety Committee
From: Thomas Guilfoil, Assistant City/Prosecuting Attorney
Regarding: Ordinance Declaring Graffiti a Public Nuisance
MOTION: Recommend council adopt the proposed ordinance which amends Kent
City Code section 8.01.030 to declare graffiti a public nuisance.
SUMMARY:
Although graffiti has been an increasing problem in the city of Kent, the Kent City Code does
not currently give city staff the tools to effectively address it. Amending section 8 01.030 of
the Kent City Code to declare graffiti a public nuisance is a necessary first step in
formulating effective policies to seek prompt eradication of graffiti. Research suggests that
the existence of graffiti in a community signals that other crime will also be tolerated, which
can cause criminal activity to increase. In addition, promptly removing graffiti has been
shown in some studies to suppress future acts of graffiti.
IBUDGET IMPACT:
None.
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v�CNO�Motlons&Sneeaw.amu-PudlRlulsave Ex
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1 ORDINANCE NO.
AN ORDINANCE of the city council of the city of
Kent, Washington, amending section 8.01.030 of the
' Kent City Code to declare graffiti a public nuisance.
RECITALS
A. The Federal Bureau of Justice reports that graffiti is the most
common type of property damage.
B. Graffiti has increased significantly within the City of Kent over the
tpast several years, and damages both the quality of life and the economic health
of our community by creating the appearance of blight in commercial districts and
raising concerns over safety among residents and visitors. Research by the
Justice Department suggests that criminals perceive the tolerance of graffiti as
1 signaling that other crime is also tolerated, leading to increased criminal activity.
C. Crime data supports that removal of graffiti within 48 hours is key
to suppressing the spread of graffiti within a community and will be especially
effective in deterring "tagger" graffiti by denying the opportunity for the tagger's
lmarkings to be seen.
D. The existing provisions of chapter 8.01 KCC do not specifically
identify graffiti as a public nuisance; explicitly identifying graffiti as a nuisance will
enable the city to take the steps necessary to address the problem.
1 Declare Graffiti a Public Nuisance
THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, '
DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 8.01.030 of the Kent City Code,
entitled "Types of nuisances," is amended to add a new subsection (15) as
follows:
Sec. 8.01.030. Types of nuisances. Each of the following conditions, ,
unless otherwise permitted by law, is declared to constitute a public nuisance, and
whenever the director determines that any of these conditions exist upon any '
premises, the director may provide for the abatement thereof and monetary
penalties may be assessed pursuant to Ch. 1.04 KCC, Civil Violations,
Enforcement, and Abatement:
1. The existence of any trash, dirt, filth, the carcass of any animal,
manure or rubbish, accumulation of yard trimmings, excluding properly
maintained yard compost, or other matter which is offensive to a reasonable
person; except for such yard debris that is properly contained and concealed as
not to affect the health, safety, or depreciation of adjoining property for the
purpose of composting_
2. Erecting, maintaining, using, placing, depositing, leaving, or
permitting to be or remain in or upon any premises, which may be viewed or
smelled from without the premises, or in or upon any street, alley, sidewalk, park,
parkway, or other public or private place in the city, any one (1) or more of the
following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-
causing places, conditions, or things:
a. Any putrid, unhealthy, or unwholesome bones, meat, hides,
skins, the whole or any part of any dead animal, fish, or fowl, or waste parts of
fish, vegetable, or animal matter in any quantity; but nothing herein shall prevent t
the temporary retention of waste in approved covered receptacles, or
b. Any privies, vaults, cesspools, open containers of stagnant
water, sumps, pits, or like places which are not securely protected from flies and
rats, or which are malodorous; or
2 Declare Graff7ti a Public Nuisance
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' C. An accumulation of material including, but not limited to
bottles, cans, glass, plastic, ashes, scrap metal, wire bric-a-brac, broken stone or
cement, broken crockery, broken glass, broken plaster, litter, rags, empty barrels,
boxes, crates, packing cases, mattresses, bedding, packing hay, straw, or other
packing material or building materials on any premises which not properly stored
or neatly piled or is offensive to a reasonable person or in which flies or rats may
breed or multiply; or
d. Accumulation of any litter, garbage, trash, refuse, and/or
rubbish; or
e. The keeping, using or maintaining of any pen, stable, lot,
place or premises in which any hog, cattle, or fowl may be confined or kept in
such a manner as to be nauseous, foul, or offensive.
3. The existence of any fence or other structure on private property
abutting or fronting upon any public street, sidewalk, or place which is in a
sagging, leaning, fallen, decayed, or other dilapidated or unsafe condition_;;
4. The existence of wrecked or disassembled trailers, house trailers,
boats, tractors, or other vehicle, appliance, or machinery of any kind, or any
major parts thereof„�
5. The existence on any premises of any abandoned or unused well,
pit, shaft, cistern, or storage tank without first demolishing or removing from the
premises such storage tank, or securely closing and barring any entrance or
trapdoor thereto or without filling any well, pit, shaft, or cistern or capping the
same with sufficient security to prevent access thereto_;—er
6. The existence in a place accessible to children of any attractive
nuisance dangerous to children, including but not limited to any abandoned,
broken, or neglected equipment, machinery, refrigerator, freezer, or other large
appliance.
7. Dense smoke, noxious fumes, gas, and soot, or cinders, in
unreasonable quantities.
8. All snow and ice not removed from public sidewalks within a
reasonable time after the snow and ice have ceased to be deposited thereon.
9. All trees, hedges, billboards, fences, or other obstructions which
prevent persons from having a clear view of traffic approaching an intersection
from cross streets in sufficient time to bring a motor vehicle driven at a legal
speed to a full stop before the intersection is reached.
3 Declare Graffiti a Public Nuisance
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10. Any use of property abutting on a public street or sidewalk or any
use of a public street or sidewalk which causes large crowds of people to gather,
obstructing traffic and the free use of the streets or sidewalks. This subsection
shall not apply to events, programs, or parades authorized by the city council.
11. Any poisonous or harmful substance which is reasonably accessible
to persons or to animals.
12. The keeping or harboring of any animal which by frequent or
habitual howling, yelping, barking, or the making of other noises, or the keeping
or harboring of any fowl which by frequent habitual crowing or the making of other
noises shall annoy or disturb a neighborhood or any considerable number of
persons.
13. Every building or unit within a building used for the purpose of
unlawfully manufacturing, delivering, selling, storing, or giving away any
controlled substance as defined in Chapter 69.50 RCW, legend drug as defined in
Chapter 69.41 RCW, or imitation controlled substance as defined in Chapter 69.52
RCW, and every building or unit within a building wherein or upon which such acts
take place.
14. Soils contaminated by dangerous waste, hazardous substances, or ,
hazardous wastes as those terms are defined in RCW 70.105.010.
15. The existence of graffiti on public property or on private property
where the graffiti is visible from any vantage point located on public property, a
railway, or any property open for business to the public. As used in this
subsection. "graffiti" shall mean any unauthorized inscription, word, figure,
picture, graphics, or design that is sprayed, painted, posted, pasted, drawn, or
otherwise affixed to or upon any surface of public or private property. Signs
regulated by Chapter 15.06 KCC shall not constitute graffiti under this section
SECTION 2. - Severability. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance and
the same shall remain in full force and effect. '
4 Declare Graffiti a Public Nuisance
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SECTION 3. - Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
IAPPROVED AS TO FORM:
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TOM BRUBAKER, CITY ATTORNEY
PASSED: day of August, 2007.
iAPPROVED: day of August, 2007.
PUBLISHED: day of August, 2007.
I hereby certify that this is a true copy of Ordinance No. passed by
the city council of the city of Kent, Washington, and approved by the mayor of the
city of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
o%ow\"a� \cnma wWlrn�.nc eon
5 Declare Graffiti a Public Nuisance
Kent City Council Meeting
Date August 7, 2007
Category Consent Calendar
1. SUBJECT: ORDINANCE INCREASING COMMERCIAL TRUCK PARKING
PENALTY —ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. amending sections
I 9.38 130 and 9.38.140 of the Kent City Code to increase the infraction fee for large
vehicles parked in violation of the Kent City Code.
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3. EXHIBITS: Ordinance and Tom Guilfoil's 7/10/07 memo to the Public Works
Committee
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
1 5. FISCAL IMPACT
Expenditure`? None Revenue? None
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount S
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6D
LAW DEPARTMENT
Tom Brubaker, City Attorney
• Phone- 253-856-5770
KEN T Fax: 253-856-6770
W A 5 H I N C.T O M Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
July 10, 2007
To: Public Safety Committee
From: Tom Guilfoil, Assistant City/Prosecuting Attorney
I Regarding: Penalty Increase for Parking Commercial Trucks on City Streets in Violation of
the Kent City Code - Ordinance
MOTION: Recommend council adopt the proposed ordinance which amends Kent
City Code sections 9.38.130 and 9.38.140 to increase the penalty for parking
large commercial trucks on residential streets from $25 to $250.
SUMMARY:
Parking of commercial rigs in residential neighborhoods is a continuing problem. Increasing
the penalty under the Kent City Code for parking large commercial trucks on residential
streets is necessary because the penalty amount has not been increased since at least
1994. Thus, the actual penalty is considerably less than $25 in 2007 dollars. Moreover,
the current amount is not a sufficient deterrent. Anecdotal evidence suggests the $25
I penalty is much less than the average nightly cost to park a semi-trailer truck in an
approved parking lot. Finally, the proposed amount of $250 is consistent with the amounts
currently imposed for many other similar traffic infractions, and would give truck owners a
real incentive to find an approved location to store their vehicles.
1 BUDGET IMPACT:
Neutral. No new signage or extra staffing required.
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ORDINANCE NO.
AN ORDINANCE of the city council of the city of
Kent, Washington, amending sections 9.38.130 and
9.38.140 of the Kent City Code to increase the
infraction fee for large vehicles parked in violation of
the Kent City Code.
RECITALS
A. The parking of commercial trucks on residential city streets is a
continuing problem. The city has previously determined that the parking of large
commercial trucks in residential areas of the city negatively affects the quality of
life for our residents and lowers property values. Therefore, the parking of large
commercial trucks on residential streets has long been prohibited under the Kent
City Code.
tB. Currently, the Kent City Code establishes a $25 infraction fee for
large trucks parked on residential streets in violation of the Kent City Code. This
1 , infraction fee has not been increased since approximately 1994. Thus, the
IIII amount of the penalty has decreased dramatically in 2007 dollars.
D. Anecdotal evidence suggests that the current $25 penalty is
I considerably less than the average nightly cost to park a commercial truck in an
approved parking lot. Increasing the penalty to $250 is needed to give truck
owners a real incentive to find an approved locations to store their rigs.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
1 infraction Fee for Large
Vehicles Parked in Violation of KCC
ORDINANCE
SECTION 1. - Amendment. Section 9.38.130 of the Kent City Code,
entitled "Parking and storage of certain vehicles - Penalty," is amended as follows:
Sec. 9.38.130. Parking and storage of certain vehicles - Penalty.
A. No commercial truck, vehicle, van, trailer or semi-trailer, whether licensed
or unlicensed, exceeding eight thousand (8,000) pounds as defined in RCW
46.44.036, 46.44.037, or 46.44.041 may be stored or parked upon any city street
for longer than two (2) hours, except for those periods of time when such vehicle
is being loaded or unloaded or where parking or storage is otherwise prohibited.
B. Any violation of this section shall be an infraction and punishable by a
monetary penalty of two hundred fifty t: =- _-f:-e dollars ($250). Vehicles in
violation are subject to impoundment as provided by law.
SECTION 2. - Amendment. Section 9.38.140 of the Kent City Code,
entitled "Parking of certain trailers or semi-trailers - Penalty," is amended as
follows: ,
Sec. 9.38.1.40. Parking of certain trailers or semi-trailers - Penalty.
A. Except as provided in KCC 9.38.130, no trailer or semi-trailer shall be
parked upon any city street unless the trailer or semi-trailer is attached to a '
vehicle by which it may be propelled or drawn, In case of accident such trailer or
semi-trailer may be moved to the side of the street, and if a good and sufficient
red signal is displayed at both ends of the trailer or semi-trailer during the hours
of darkness, such trailer or semi-trailer may be permitted or allowed to remain for
a period not exceeding twenty-four (24) hours pending removal except that such
trailer or semi-trailer shall not remain upon any portion of a city street where
standing or parking is limited or prohibited for a period longer than is necessary to
effect its removal.
2 Infraction Fee for Large
Vehicles Parked in Violation of KCC
B. Any violation of this section shall be an infraction and punishable by a
' monetary penalty of two hundred fiftytwenty--f+ve dollars ($250). Vehicles in
violation are subject to impoundment as provided by law.
SECTION 3. - Severability. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance and
the same shall remain in full force and effect.
SECTION 4. - Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage as provided by law.
1 SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
1
IAPPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
3 Infraction Fee for Large
Vehicles Parked in Violation of KCC
PASSED: day of August, 2007.
APPROVED: day of August, 2007. f
PUBLISHED: day of August, 2007.
I hereby certify that this is a true copy of Ordinance No. passed by
the city council of the city of Kent, Washington, and approved by the mayor of the
city of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
V 1CmllOrtlinanalbrgehuQzincreazelMrallonFee Grc
i
1 �
1
1
t
4 Infraction Fee for Large
Vehicles Parked in Violation of KCC
Kent City Council Meeting
Date August 7, 2007
Category Consent Calendar
1. SUBJECT: RIVERBEND GOLF COMPLEX SURPLUS EQUIPMENT
DISPOSAL —AUTHORIZE
2. SUMMARY STATEMENT: Authorize staff to dispose of surplus equipment from
Riverbend Golf Complex.
' The equipment listed complies with current replacement policy guidelines. All of the
equipment listed is non-operational, has exhausted the life expectancy and would cost
more to repair than to replace. Some of the older equipment has parts that are no longer
available, thus making them non-repairable. The following list details the proposed
equipment to surplus:
(1) 1997 Lastec Articulator—Pull behind mower Model X/SN3830596
(2) 2000 Toro Grounds Master 328: 4 wheel drive mower Model GM328/SN30627-
210000223
(3) 1998 Befco —pull behind mower w/3 decks Model 17212-706D/SN196 (Frame),
197533, 197504, 197777
(4) 2000 Toro Ground Master 328 —4 wheel drive mower Model GM328/SN30627-
2100000224
(5) 1998 Befeo — Pull behind mower w/2 decks (disassembled), Model 17212-
706D/SN192327, 192204
3. EXHIBITS: None
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N,/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6E
Kent City Council Meeting
Date August 7, 2007
Category Consent Calendar
1. SUBJECT: KING CONSERVATION DISTRICT GRANT— ACCEPT AND
AUTHORIZE
2. SUMMARY STATEMENT: Accept the $1,993 94 grant from King Conservation
District and authorize the expenditure of funds in the Eagle Scout Projects budget.
Local Scouts develop projects of value to the City for attainment of the Eagle Scout
honor. Joey Witiner of Troop #361 chose to landscape a trail head on the Green River
Trail near the Bridgewater 4 housing area in the Lakes Development. Joey led other
Scouts and completed his project in February 2007, providing 230.03 volunteer hours,
with a value to the City of$2,760.36. The scouts provided the volunteer labor and the
City provided the materials.
Staff submitted and received a King Conservation District grant for this project to
reimburse the cost of the rental of the sod cutter, landscape fabric, grass, seed, native
plants and compost in the amount of$1,993.94.
3. EXHIBITS: King Conservation District Grant
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
i5. FISCAL IMPACT
Expenditure? X Revenue9 X
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund P200083 Amount $1,993.94
Unbudgeted Revenue: Fund P300083 53806 Amount $1,993.94
1 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
' DISCUSSION:
ACTION:
Council Agenda
Item No 6F
"e 11 of 25
AGREEMENT FOR AWARD
1 OF LUNG CONSERVATION DISTRICT MEMBER JURISDICTION GRANT
City of Kent, Parks Department
' This Agreement is made between the King Conservation District Number 9, a municipal
corporation in King County, Washington, located at 935 Powell Ave_ SW, Renton, WA 98055
1 (refen•ed to herein as "District"), and City of Kent, Parks Department, a municipal coiporation in
King County, Washington, located at 220-Xh Avenue South, Kent, WA 98032-5895 (referred to
herein as "Recipient"),for the purposes set forth herein.
i
SECTION 1. RECITALS
i1.1 Whereas, the District is a special purpose district organized and existing under
authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve
natural resources, mcluding soil and water, which activities are declared to be of special benefit
to lands, and
1 2 Whereas, pursuant to RCW 89.08.400,King County has authorized and imposed a
system of assessments to finance the activities and pi ogranns of the District; and
1 1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.03-341 and/or Chapter 39 34
RCW, the District is authorized to enter into agreements with municipal entities and agencies
(governmental or otherwise), or their designees, in order to carry out and facilitate the activities
and programs of the District to conserve natural resources; and
1.4 Whereas, the District has reviewed the grant application submitted by Recipient
1 and has determnned that the application meets the requirements of Chapter 89.03 RCW and the
District's policies and procedures for awarding grants,and
1.5 Whereas, the District and Recipient desire to enter into this Agreement for the
purpose of establishing the terns and conditions relating to the District's award of a grant to
Recipient.
1
SECTION 2. AGREEMENT
2.1 The District agrees to award Recipient a grant in the total amount of one thousand
nine hundred and ninety-three Dollars and ninety-four cents ($1,993.94)_ Grant funds shall be
1 used by Recipient solely for the performance of the work described in Exhibit A which is
attached hereto and incorporated herein by this reference. The District shall pay the grant funds
to Recipient in accordance with the District's standard proeeduteS provided that such funds have
been collected and received by the District.
1 - 1 -
Page 12 of 25 '
2.2 Recipient represents and warrants that it will only use the grant fonds for the work-
described in E,,lubit A, which may be amended by the parties pursuant to Paragraph 33 of the
Agreetmient. Recipient shall be required to refund to the District that portion of aay grant funds
which ate used for unauthorized work. Further, Recipient agrees to return to the Drsiuet any,
grant funds that are not expended or remain after connplction of the work covered by this
Agreement.
2.3 Recipient acknowledges and agrees that the grant funds may only be expended on
work which shall be entirely within the District's jurisdictional boundaries. The following
municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal '
Way, Millon, Pacific, and Sk_ykotnish. Recipient shall be required to refund to the District that
portion of any grant funds which are used for work perforumed outside the District's jurisdictional
boundaries. ,
2.4 In the event the scope of work authorized by timis Agreement includes the use of
grant funds to purchase houses located on real property within a flood liazaid area, Recipient
acknowledges and agrees that grant funds may only be used for such purposes if the houses to be
purchased were constructed before floodplam mapping or sensitive areas regulations were in
place for that area_ Recipient shall be required to refund to the District that portion of any grant
funds which are used for unauthoitzed purposes.
2.5 Recipient shall be required to provide the District with biannual financial and
project progress reports, along with an annual summary report. Financial and project reports
shall be due May 31 and November 30 each year. The Recipient sliall also be required to submit
to the District a final report which documents the Recipient's completion of the work in
conformance wrtli this Agreement within thnty(30) days after the completion of the Nrork. The
final report shall, among other things, summarize the project's successes and shall address the
regional benefits accomplished by the work. The final report shall also identify any obstacles or ,
challenges tix-]nick were encountered during the work, along with general recommendations
regarding ways to avoid such obstacles or challenges in the future_ If requested, Recipient agrees
to provide the District with additional financial or progress reports from time to tune, at
reasonable intervals.
2.6 Recipient's expenditures of grant funds shall be separately identified in the
Recipient's accounting records. If requested, Recipient shall comply with other reasonable
requests trade by the Distiict with respect to the manner in which project eNpendrtntes are
tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain ,
such records of expenditures as may be necessary to conform to generally accepted accounting
principals and to meet the regmtements of all applicable state and federal laws.
2.7 Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ("BARS").
-2 -
' Page 13 of 25
28 The District or its representative shall have the right from time to time, at
reasonable intervals, to audit the Recipient's boobs and i ccords in order to verify compliance«itlr
the temps of this Agreement Recipient shall cooperate with the District in any such audit.
' 2.9 Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with cutena established in the Revised Code of Washington and the
Washington State Archivist.
2.10 Recipient shall ensure that all work perfornied by Recipient or its employees,
agents,contractors or subcontractors is perfonned in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and federal laws
and regulations. Recipient shall implement an appropriate monitoring system or program to
ensure compliance with this provision
2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected
or appointed officials, employees and agents, from all claims, alleged liability, damages,losses to
or death of person or damage to property allegedly resulting from the negligent or intentional acts
of the Recipient or any of its employees, agents, contractors or subcontractors in cormection with
' this Agreement.
2.12 Recipient agrees to acknowledge the District as a source of funding for this
project on all literature, signage or press releases related to said project.
SECTION 3. GENERAL PROVISIONS
3.1 This Agreement shall be binding upon and inure to the benefit of the patties
' hereto and their respective successors and assigns.
3.2 This Agreement constitutes the entire agreement between the parties with respect
' to the subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or anion the parties which relate to the subject matter heteof which are
not embodied in this Agreement shall be of any force or effect.
' 3.3 No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such amendment is in writing and is executed by the parties The parties
contemplate that this Agreement may from time to hrne be modified by written amendment
which shall be executed by duly authorized representatives of the parties and attached to this
Agreement.
' 34 Each party warrants and represents that such party has full and complete authority
to enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she ha-,been fully anthorized to execute this Agreement on behalf
of such party and that such party is bound by the si.-nature of such representative
-3 -
r
Page 14 of 25 1
DISTRICT: RECIPIENT:
By By
Nanie Name 1
Title Title 1
Date Date
Approved as to Form_ Approved as to Form. 1
DISTRICT LEGkL COUNSEL: RECIPIENT'S ATTORNEY:
By C 1, A&-V-VWjdBy
Name �. C_ C - Fr,w\Cjd Name 1
Date i ``110 ' Date 1
1
1
1
i
r
i
1
1
-4- 1
� �-Jaw
Page 15 of 25
�� � Grant �,i. pUcation
Kirt,a Canse:l atinn I)Mrict
Pro'ectTitle: Green i"dverTiailllead ImpiovementProject
Applicant. City of bent Parks Contact: Victoria L.Andrews
Principal Partners(If any): Title: Special Prourains Manager
Total Project Cost: $3,300.16 Address:
220 4t Ave_S.
' Kent,WA 98032-5895
KCl7 Funding Re uested: $1,993 94 Phone: 253-S56-5113
Pioiect Start Date: January27,2007 Fax: 253-856-6050
Project End Date: February10,2007 Email: va1idiews@Ycikent_vra.us
L Project Description-provide a brief description of the project that summarizes What you
will do,hoc'you will do it and ivlty you will do it. Consider the following in the answer to
this question- what preosszrE aced eoflI lie ad diesscu by Ow project or zt,liatproirusing appoi tivilty
40I:I 13C } f 7 I10 6r ILlIaT 1101 TienCif 0-176 17C1Sl tlilCla,Gt1 Cat 12e�i!Iii"�11;R JY�:�LI�
1 p `i of K'ni has a goal ahln if ed in the Ity Shoiebric Muster oro=am to es La bif sii a
Jn
are_: will la-quiieapubhc/-IIi'ate parr.lersE,p The"—, Rive-,
corridor at Russell Road and fames Street includes a conservat;olL easement on piopeiar
belonging io the Lakes Development, along the Green River Trail,a fenced electrical equipment
' area owned by Pugei Sound Ent'igy,and City of Kent right-of-way. Roughly seven year,ago,
homeowners association leadeis requested that the City partner with them to impro-ve the area,
wh.rh was overgrown with invasive weeds and traslL The City agreed to design a planting
' plan and implement it when resoua ces allowed;meanwhile,the area was cleared of invasive
plans annually A Boy Scout elected to implement flee plan for his Eagle Scout advaazcement
project. He ordered the plants,got donated equipment and materials,and requited volunteers
to perform the i,-ork over two weekends. They contributed a total of 230 volunteer hours,with
a value of $2,760.36 to the City of Kent. This is truly a public/private partnership to enhance
the ripaiian coiridor and ia-ildhfe habitat. The fruit of the native plants are eaten by wildlife.
' The compost wdl ietam moisture and allow more rauiinrater to percolate to help moderate rivei
flows/velocity_
I 'Natural Resource In,pro-veniciAL Actions- describe how the project will address a
nih-ii,nun-,of one of the natural resource improvement actions described on page 1 of the
application IIlstIucbons_ Consider the following in yolr answer to this quest-10ri: 17117at
71abircl 1" 50?:ices 117dI 17C: I7111,77(7J('11 I'Vl(at ftr( tliC Ic r;07Lrn ir�rC3cr anpc
add?esscd2' iNhat are the knoxii bcnefifs to soil, water,air,plants, ash and razt ltije,Imldamner-s?
11�E8ilt3�F�iirlcCliC't�n L.'. l� lit A'�rLlrt'.ira.li i 11��ILL2YN71T t aC,i::t a r'E-�';rU�l')r i�,7f}rIi'� ra Pag,-1 o f 4
• 1 Page 16 of 25
several certified arborists as well as credentialed project managers experienced in des b,*riing '
low maintenance,balanced,attracrive plans utilizing native plants. The landowners were eager
to have our expertise and thrilled when the Scout volunteers were able to order,rent or bring
the tools needed to perform the ivark. They pi esented a check for $300 to the City as a token of
their gratitude ,
5. Efficiency(see page 2 of application instructions for definition) -describe how the project
will efficiently implement the natural resoince improveraeut measures identified in ,
question No.2 above. Consider the following in your ansiver to this question: Horn io,111 the
}proposed engage in conjunction zinth related efforts?Ho7v does your
stiareoy besttcaerage resources?
Bridgewater residents in the Lakes Development will water the plants after the first year of '
growth The Parks Department actively recruits schools,churches,Boy and Girl Scout troops,
corporate groups,Service Clubs and others for value-added projects iliat axe needed by the City '
and can be accomplished safely and successfully with volunteer labor.In 2006,volunteers
contributed a total of 3,647.55 hours,with a value to the City of$43,770.60.
6. Equity(see pace 2 of application instructions for definition)- describe Bona the protect ivill
equitably implement the natural resource improvement measures identified in question No
2 abo-,re. Consider ti e folIowin�in your ansinrer to this questtoil:hz zvh Ii;jai t o f rl e L'Lstr IC° ,
Z{>IIl tlIe�7I'U1TC5t'c"I I?F(}o7C711IjsC1"JICC/i77 Te}T7ell ir071 OCCILT�T'tillp Is t�re t!:1'aLi,2fif1.L'Y1Ce Riai<1�1LCt
<"_'I;WE 7"1711111r£CCLzor7 Oj th-Coywi;ul Ri7.';iHII Pe of r_cicd,
'_he . ^_"aM V,ar J'-am 7— . )17_..
iV in the Lake Devdornmeiits. '
7. Evaluation of Intended Results- describe the evaluation mechanisms you will use ro rrack,
document,and report that the project has achieved the ratended results described in
questions 1-3. '
Two City staff monitored the Scout's progress and conducted an on-site demonstration before
his first scheduled work day to teach him correct planting preparation and pl ocedures. Before- '
and-after photos of the area are dramatic. Using the City-designned plan,the Scout and his
volunteers turned a bare,ugly site into a vibrant landscape. No irrigation was installed,so
downtown maintenance crews supplement natural rainfall to ensure the new plants are '
vratered and inamtamed.
S. Project Budget &Expenses ,
Dudget Item KCD Funds Jtlier Funds Other rands Total
(sp ecrfv) (sheciflr)
City of Kont Donations
Salaries aad Benef.4o �l•7nn,1� '
yJ U IM
TTave_l/Meals/Mi1Cage $2I5 42
9�e/Field Supplies E1,993
Contracted�PLGfeSSlGknaI
"-exvices
1'Jli;-rrir,'i J'..t:"_sdicti-,atj :iJR14 Fc-dirt GrziiliT Packet Feivpcn: J 72,2qA7 PZc"a.10 f 4
Kent City Council Meeting
Date August 7, 2007
Category Consent Calendar
1. SUBJECT: 132ND STREET PARK MASTER PLAN—APPROVE
2. SUMMARY STATEMENT: Approve the 132nd Street Neighborhood Park Master
Plan.
The 5 5-acre neighborhood park site is located on the west side of 132nd Avenue, north
of Kent-Kangley Road at approximately 266th Street. Amenities proposed for the park
include two tennis courts, half basketball court, parking (12 stalls), restroom, picnic
shelter, play equipment, art studio, playfield, and loop trail The trait will connect to
the subdivisions on the northern and southern edges of the park property, as well as
connect to the existing trail to the west that traverses the perimeter of the regional
retention pond Three public meetings have been held to get citizen input for the master
plan.
3. EXHIBITS: None
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount S
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
' DISCUSSION:
ACTION:
' Council Agenda
Item No. 6G
Kent City Council Meeting
Date August 7, 2007
Category Consent Calendar
1. SUBJECT: EAST HILL WATER RESERVOIR AGREEMENT— AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to execute the Public Works
Trust Fund Pre-Construction Loan Agreement for the East Hill Water Reservoir in the
amount of$1,000,000, establish a budget for the funds and direct staff to spend the
money accordingly.
L
3. EXHIBITS: Public Works memorandum and Public Works Trust Fund 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. 6H
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Z 253-856-5500
KENTI Phon Faxe 253 856-6500 OOOO
W A S Fi I N GTON
Address- 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: July 11, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: July 16, 2007
From: Chad Bieren
Through: Larry Blanchard, Public Works Director
Subject: East Hill Water Reservoir
ITEM 3
Motion: ■ Required ❑ Not Required ❑ For Information Only
Move to recommend the Mayor be authorized to execute the Public Works Trust
Fund Pre-Construction Loan Agreement for the East Hill Water Reservoir in the
amount of $1,000,000, establish a budget for the funds and direct staff to spend the
money accordingly.
Will document be required?
❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History: The Public Works Department was awarded a Public Works Trust Fund Pre-
Construction Loan on May 15, 2007 by the Washington State Public Works Board. This loan is for
$1-million and would be applied to project design and permits for a new water reservoir to be
located at the East Hill Operations Center site. The loan term is 5 years, at 0.5% interest.
Public Works Trust Fund loans have been used on past projects such as the S. 228th Street
Extension and Tacoma Pipeline 5. The low interest rate on these loans saves the City considerable
expense versus bonding costs and interest. The average bond rate is roughly 5%, versus 0.5% for
the Public Works Trust Fund loan.
Summary: The attached agreement, in the amount of $1,000,000 authorizes the expenditure of
funds for the design and permitting of the East Hill Water Reservoir. In order to draw on the loan,
the mayor must sign the agreement and authorize the establishment of a budget and associated
staff time to spend the money accordingly.
Recommendations: Move to recommend council authorize the mayor to sign the Public Works
Trust Fund Pre-Construction Loan Agreement, establish a budget for the funds, and direct staff to
spend the money accordingly.
U IPWCammitree 4a,mPage12OO71PWC071607AE=tHtHWi Rem rdoc
PUBLIC WORKS TRUST FUND
PRE-CONSTRUCTION LOAN AGREEMENT
NUMBER PW-07-962-PRE-110
CITY OF KENT
PART I: ENTIRE AGREEN11LNT
This agreement, and incorporated attachments contains all temis and conditions agreed to by the
WASHINGTON STATE PUBLIC WORKS BOARD (referred to as the `BOARD") and the CITY
OF KENT (referred to as the "BORROWER") and no other statements or representations, written or
oral, shall be deemed a part thereof. This contract includes ATTACHMENT L- SCOPE OF WORK,
which consists of a description of local project activities, certification of the project's useful life,
estimated project costs and fund sources; and ATTACHMENT II: ATTORNEY'S CERTIFICATION.
These attachments are, by this reference, incorporated into this agreement as though set forth fully
herein.
The PUBLIC WORKS BOARD and the BORROWER have executed this agreement as of the date
and year last written below.
PUBLIC WORKS BOARD BORROWER
Kelly Snyder, Assistant Director Signature
Date Print Name
Title
APPROVED AS TO FORM ONLY Date
This 4th Day of May, 2007
Rob McKenna
Attorney General Federal Taxpayer Identification Number
By Signature On File
Andrew Scott
Assistant Attorney General
CITYOEKENT Page 1 5/150-007
PART II: INTRODUCTION
This loan agreement is made and entered into by and between the BOARD, or its successor, and the
BORROWER.
Acting under the authority of Chapter 43.155 RCW, the BOARD has awarded the BORROWER a
Public Works Trust Fund loan for an approved public works project.
PART III: PURPOSE
The BOARD and the BORROWER have entered into this agreement to undertake a local public
works project that furthers the goals and objectives of the Washington State Public Works Trust Fund
Program. The project will be undertaken by the BORROWER and will include the activities
described in ATTACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance
with PART IV-TERMS AND CONDITIONS, and all applicable state and local laws and ordinances,
which by this reference are incorporated into this agreement as though set forth fully herein.
PART IV: TERNIS AND CONDITIONS
The parties to this agreement agree as follows:
4.01 Rate and Tenn of Loan
The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the
BORROWER a sum not to exceed $1,000,000. The interest rate shall be 1,2% per annum on the
outstanding principal balance The term of the loan shall not exceed 5 years, with the final payment
due July 1, 2012.
The BOARD may extend the term limit of the Pre-Construction project to twenty years when the
jurisdiction demonstrates that construction for this project will occur. The BORROWER must
provide written documentation of construction funding commitment before the first principal payment
is due
4.02 Elimble Project Costs and Local Project Share
Eligible project costs must consist of expenditures eligible under WAC 399-30-030 and be related
only to project activities described in ATTACHMENT I: SCOPE OF WORK. Only those costs
incurred after execution of tlus loan agreement can be reimbursed with Public Works Trust Fund
monies
The BORROWER pledges to use an amount of local funds as local project share of not less than 15%
of the total eligible portion of the project cost not funded by federal or state grants as identified in
ATTACHMENT I SCOPE OF WORK. The amount of the local funds will be verified at project
closeout. Expenditures made up to twelve (12) months prior to the execution of the loan agreement
and verified at the time of project closeout may be used as match for local project share Any increase
in the percentage of local funds may require an adjustment in the loan amount or interest rate charged,
or both. The interest rate adjustment will apply to the remaining payments beginning the fiscal year
CITY OF KENT Page 2 5/15/2007
of closeout. The BORROWER agrees to execute the Certified Closeout Amendment as an
amendment to this agreement adjusting the loan amount or interest rate, as appropriate.
4.03 Disbursement of Loan Proceeds
The availability of funds in the Public Works Assistance Account is a function of tax collection, loan
repayment, and legislative appropriation. If funding or appropriation is not available at the time the
invoice is submitted, or when the agreement is executed, the issuance or warrants will be delayed or
suspended until such time as funds become available. Therefore, subject to the availability of funds,
warrants shall be issued to the BORROWER for payment of allowable expenses incurred by the
BORROWER while undertaking and administering approved project activities in accordance with
ATTACHMENT I SCOPE OF WORK. hi no event shall the total Public Works Trust Fund loan
exceed 85% of the eligible actual project costs The BORROWER shall initiate a loan disbursement
using a Washington State Invoice Voucher form. The loan funds will be disbursed to the
BORROWER as follows:
Upon formal execution of this agreement, a sum not to exceed seventy-five percent (75%) of the
approved Public Works Trust Fund loan may be disbursed to the BORROWER
At the tune of project completion, a Certified Closeout Amendment, (refer to Section 4.17 for
Certified Closeout Amendment), shall be submitted to the BOARD by the BORROWER certifying
total actual project costs
The final Public Works Trust Fund loan disbursement shall bring the total loan to the lesser of 85%of
the eligible project costs or the total of$1,000,000. The Certified Closeout Annendirient shall serve
as a contract amendment determmning the final loan amount, local share, and interest rate.
In the event that the final costs identified in the Certified Closeout Amendment indicate that the
BORROWER has received Public Works Trust Fund monies in excess of 85% of eligible costs, all
funds in excess of 85% shall be repaid to the Public Works Assistance Account by payment to the
I Department of Community, Trade and Economic Development, or its successor, within 30 days of
submission of the Certified Closeout Amendment
4 04 Interest Earned on Public Works Trust Fund Monies
All interest earned on Public Works Trust Fund Monies held by the BORROWER shall accrue to the
benefit of the BORROWER and be applied to the eligible costs of the approved ptoject. Benefits
shall accrue in one of two ways:
1 Reduce the amount of the Public Works Trust Fund loan,or
2. Pay any part of eligible project costs that are in excess of ATTACHMENT 1: SCOPE OF
WORK estimates, if there is an overrun of project costs
The BORROWER shall establish procedures to ensure that all monies received from the Public
Works Trust Fund loan can be i eadily identified and accounted foi at any time during the life of this
loan agreement. Such piocedures shall consist of the establislmnent of a separate fund, account, sub-
account or any other method meeting generally accepted accounting principles. In event of
CITY OF KENT Page 3 5/15/2007
termination, all principal, interest earned on invested loan principal, and accrued interest payable shall
be repaid in full within 30 days by the BORROWER.
4.05 Time of Performance
The BORROWER shall begin the activities identified within.ATTACHMENT I• SCOPE OF WORK
no later than three (3) months after loan agreement execution, and reach project completion no later
than eighteen(18)months after the date of agreement execution.
Failure to meet Time of Perfornance shall constitute default of this agreement. In the event of
extenuating circumstances, the BORROWER may request, in writing, that the BOARD extend the
deadline for project completion The BOARD may, by a two-thirds vote,extend the deadline
The term of this agreement shall be for the entire term of the loan, regardless of actual project
completion,unless tenninated sooner as provided herein
4.06 Repay
Loan repayment installments are due on July V of each year during the term of the loan. The first
loan repayment is due July 1, 2008_ Interest only will be charged for this payment if a draw is made
prior to this date All subsequent payments shall consist of principal and accrued interest due on July
I'of each year during the remaining teiroi of the loan.
Repayment of the loan under thus agreement shall include an interest rate of 112%per annum based on
a 360 day year of twelve 30 day months Interest will begin to accrue from the date each warrant is
issued to the BORROWER. The final payment shall be on or before July 151, 2012 of all amount
sufficient to bring the loan balance to zero
The BORROWER has the right to repay the unpaid balance of the loan in full at any time or make
accelerated payments without penalty.
The BORROWER will repay the loan in accordance with the preceding conditions through the use of
a check, money order, or equivalent means made payable to the Washington State Department of
Community,Trade and Economic Development,or its successor
4.07 Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 4 06 of this agreement. A
payment not received within thirty(30) days of the due date shall be declared delinquent. Delinquent
payments shalt be assessed a monthly penalty beginning on the first (I") day past the due date. The
penalty will be assessed on the entire payment amount. The penalty will be one percent (1%) per
month or twelve percent(12%)per annum. The same penalty terms shall apply at project closeout if
the repayment of loan funds in excess of eligible costs are not repaid within 30 days as provided for in
Section 4 03.
The BORROWER acknowledges and agrees to the BOARD'S right, upon delinquency in the
payment of any annual installment, to notify any other entity, creditors, or potential creditors of the
BORROWER of such delinquency.
CITY of KENT Page 4 s,/i s2007
The BORROWER shall be responsible for all legal fees incurred by the BOARD in any action
undertaken to enforce its rights under this section.
4.08 Loan Security
This loan is a revenue obligation of the BORROWER payable solely from the net revenue of the
Water system. Payments shall be made from the net revenue of the utility after the payment of the
principal and interest on any revenue bonds, notes, warrants or other obligations of the utility
having a lien on that net revenue As used here,"net revenue" means gross revenue minus expenses
of maintenance and operations. The BOARD grants the BORROWER the right to issue future
bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of
this loan agreement. This option may be used only if the entire project is a domestic water, sanitary
sewer, stotni sewer or solid waste utility project.
Nothing in this section shall absolve the BORROWER of its obligation to make loan repayments
when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this
agreement
4.09 Recordkee ing and Access to Records
The BOARD, the BOARD's agents, and duly authorized officials of the State shall have full access
and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and
books of the BORROWER and of persons, lines, or orgaiiizations with which the BORROWER may
contract,involving transactions related to this project and this agreement.
The BORROWER agrees to retain all records pertaining to this project and this agreement for a period
of six years from the date of project closeout. If any litigation, claim or audit is started before the
expiration of the six-year period, the records shall be retained until all litigation, claims, or audit
findings involving the records have been resolved_
4.10 Reports
The BORROWER, shall furnish the BOARD with quarterly progress reports, a Certified Closeout
Amendment and other periodic reports at such tunes and on such forms as the BOARD may require,
pertanung to the activities undertaken pursuant to dus agreement. Failure to file periodic reports as
requested may result in termination of this agreement as per Section 4 13.
4.t 1 Indemnification
The BORROWER will defend,protect, indemnify, save, and hold harmless the BOARD, and the state
of Washington from and against any and all claims, costs, damages, expenses, or liability for any or
all mluries to persons or tangible property, arising from the acts or omissions of the BORROWER or
any of its contractors or subcontiaetors, or any employees or agents in the performance of this
agreement, however caused. In the case of negligence of both the BOARD and the BORROWER,
any damages allowed shalt be levied in piopor Lion to the percentage of negligence attributable to each
party.
CITY OF KENT Page 5 5/15/2007
4 12 Amendments,Modifications. Assignments and Waivers
BORROWER may request an amendment to this agreement, which does not increase the amount of
the loan, for the put-pose of modifying the ATTACHMENT 1: SCOPE OF WORK or for extenduig
the time of performance as provided for in Section 4.05. Neither this agreement nor any claims
arising under this agreement may be transferred or assigned by the BORROWER without prior
written consent of the BOARD. No conditions or provisions of this agreement may be waived unless
approved by the BOARD in writing. No amendment or modification shall take effect until approved
in writing by both the BOARD and the BORROWER and attached hereto.
4.13 Termination for Cause
If the BORROWER fails to comply with the terms of this agreement, or fails to use the loan proceeds
only for those activities identified in ATTACHMENT 1: SCOPE OF WORK, the BOARD may
terminate the agreement in whole or in part at any time. The BOARD shall notify the BORROWER ,
in writing of its determination to terminate, the reason for such termination, and the effective date of
the termination Nothing in this section shall affect the BORROWER's obligation to repay the unpaid
balance of the loan.
4.14 Temination For Convenience
The BOARD may terminate this agreement in the event that federal or state funds are no longer
available to the BOARD, or are not appropriated for the purpose of meeting the BOARD'S
obligations under this agreement. Termination will be effective when the BOARD sends written
notice of termination to the BORROWER. Nothing in this section shall affect BORROWER
obligations to repay the unpaid balance of the loan.
4.15 Governing Law and Venue
This agreement shall be construed and enforced in accordance with, and the validity and performance
hereof shall be governed by, the taws of the state of Washington. Venue of any suit between the
parties ansing out of this agreement shall be the Superior Court of Thurston County, Washington.
The prevailing party is entitled to recover costs in accordance with Washington State Law (Chapter
4.84 RCW).
416 Severabihty
If any provision under this agreement or its application to any person or circumstances is held invalid
by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement
which can be given effect without the invalid provision
4.17 Project Completion and Certified Closeout Amendment
The BORROWER shall initiate a Certified Closeout Amendment when activities identified ill
ATTACHMENT 1: SCOPE OF WORK are complete. The BOARD will supply the BORROWER
with the Certified Closeout Amendment documents upon request.
CITY OF KENT Page 6 5/15/2007
The BORROWER shall provide the following information to the BOARD:
1. A certified statement of the actual dollar amounts spent, from all fund sources, in completing
the project as described.
2. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is
complete and has been designed/constructed to required standards
3. Certification that all costs associated with the project have been incurred. Costs are incurred
when goods and services are received and/or contract work is performed.
4. Provide status of perfomance measures identified in ATTACHMENT I: SCOPE OF WORK.
5. In accordance with Section 4 03 of this agreement, the BORROWER will submit, together
with the Certified Closeout Amendment, a request for a sum not to exceed the loan amount or
refund of any excess loan funds. Any final disbursement shall not occur prior to the
completion of all project activities.
6. Repayment of excess loan funds disbursed to the BORROWER must be made within 30 days
of completion of the Certified Closeout Amendment.
4 18 Contractor Requirement
The BORROWER shall be responsible to ensure that their contractor(s) are in compliance with the
Department of Revenue and the Department of Labor&Industries requirements.
4 19 Audit
( Audits of the BORROWER'S project activities may be conducted by the Municipal Division of the
State Auditor's Office in accordance with state law and any guidelines the Department of Community,
Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be
made by the BORROWER.
4.20 Proiect Signs
If the BORROWER dtsplays, during the period covered by this agreement, sighs or markers
identtfying those agencies participating financially in the approved project, the sign or marker must
identity the Washington State Public Works Trust Fund as a participant in the project.
4 21 Nondiscrimination Provision
During the performance of this contract, the BORROWER shall comply with all federal and state
nondiscrimination laws, including,but not limited to Chapter 49 60 RCW, Washington's Law Against
Discrimination, and 42 U.S C_ 12101 et seq, the Americans with Disabilities Act(ADA).
In the event of the BORROWER'S noncompliance or refusal to comply with any applicable
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated
in whole or in part, and the BORROWER may be declared ineligible for further contracts with the
CITY OF KENT Page 7 5/15/2007
BOARD. The BORROWER shall, however, be given a reasonable time in which to cure this
noncompliance.
4.22 Historical and Cultural Artifacts
Borrower agrees that Borrower is legally and financially responsible for compliance with all laws,
regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to
hold harmless the State of Washington in relation to any claim related to such historical or cultural
artifacts discovered, disturbed, or damaged as a result of Borrower's public works project funded
wider this agreement.
In addition to the requirements set forth in this agreement Borrower shall, in accordance with
Executive Order 05-05, coordinate with DAHP, including any recommended consultation with any
affected trbe(s), during project design and prior to construction to determine the existence of any
tribal cultural resources affected by the proposed public works project. Borrower agrees to a-void,
minimize, or mitigate impacts to the cultural resource as a continuing pre-requisite to receipt of funds
under this agreement.
Borrower agrees to furnish to the Board copies of any monitoring plan or agreement arising from
Borrower's coordination and consultation with DAHP or an affected tribe.
Failure by Borrower to fully comply with the requirements set forth in this provision to the
satisfaction of the Board shall result in a suspension of loan disbursements or termination of thus
agreement if not timely cured
4.23 Competitive Bidding Requirements
The BORROWER shall comply with the provisions of RCW 43.155.060 regarding competitive
bidding requirements for projects assisted in whole or in part with money from the Public Works
Trust Fund program.
PART V; SPECIAL CONDITIONS
None
i
i
CITY of KENT Page 8 51t5n007
PUBLIC WORKS TRUST FUND
Pre-Construction Program
ATTACHMENT 1: SCOPE OF WORK
PW-07-692-PRE-110
CITY OF KENT
Loan Tenn: 5 years
Project Title: Kent East Hill Operations Center Reservoir
Scope of Work:
■ The City will complete a study of the 590 Pressure Zone to determine the most cost
effective and efficient locations for one or more booster pump stations to increase
pressure within the zone served by the proposed reservoir. Following completion of the
study, Ken Public Works staff will design the new water infrastructure required to
connect the new reservoir and pump station(s) to the existing water system Design of
the tank, pump station, and ancillary equipment will be completed by a consultant.
SAContrachn9%Pre-Con1PC Scope template.dot
Scope of Work
Page Two
PW-07-962-PRE-110
Estimated Project Costs:
Total
Engineering $ 50.000
Environmental Review $ 20,000
Cultural & Historical Resources $ ,
Review 10,000
Permits $ 10,000
Contingency( %) $
Bid Documents $ 1,150,000
Public Involvement/Inforination $ 10,000
TOTAL ESTIMATED COSTS $ 1,250,000
t
Anticipated Fund Sources:
A Total Grant Funding $
B. Local Revenue $ 2501000
Capital Reserves $
Other Fund $
Rates $
Assessments $
(LID, RID, ULID) $
Special Levies $
Federal Loan(s) from: (identify all)
$
State Loan(s) from: (identify all)
Other: identify sources)
TOTAL LOCAL REVENUE $ 250,000
C. PUBLIC WORKS TRUST FUND LOAN $ 1,000,000
S\Contractmg\Pre-Con\PC Scope template dot
Scope of Work
Page 3
P W-07-962-PRE-110
Calculating Local Percentage: (Note: Please exclude any expansion/growth costs and
funding before calculating the local percentage)
Calculate as follows:
Total Local Revenue
PWTF Loan+Total Local Revenue = Local Loan Percentage: 20%
The local contribution must be at least:
Five percent(5%) for a loan interest rate of 2%
Ten percent (10%) for a loan interest rate of 1%
Fifteen percent(15%) for a loan interest rate of 0.5%
1
i
i
i
S 1ContractingTre-Con1PC Scope template dot
i
Public Works Trust Fund
ATTACHMENT II: ATTORNEY'S CERTIFICATION
I, hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed
attorney of the
(the BORROWER); and
I have also examined any and all documents and records which are pertinent to the loan
agreement, including the application requesting this financial assistance
Based on the foregoing, it is my opinion that:
1. The BORROWER is a public body, property constituted and operating under the laws of the
State of Washington, empowered to receive and expend federal, state and local funds, to
contract with the State of Washington, and to receive and expend the funds involved to
accomplish the objectives set forth in their application
2. The BORROWER is empowered to accept the Public Works Trust Fund financial assistance
and to provide for repayment of the loan as set forth in the loan agreement.
3 There is currently no litigation in existence seeking to enjoin the commencement or
completion of the above-described public facilities project or to enjoin the BORROWER from
repaying the Public Works Trust Fund loan extended by the DEPARTMENT with respect to
such project. The BORROWER is not a party to litigation which will materially affect its ability
to repay such loan on the terms contained in the loan agreement
4. Assumption of this obligation would not exceed statutory and administrative rule debt
limitations applicable to the BORROWER.
Signature of Attorney Date
Name
Address
EKent City Council Meeting
Date August 7, 2007
Category Consent Calendar
1. SUBJECT: 116TH AVENUE SE TESTING AND INSPECTION SERVICES
CONTRACT — AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign an agreement for the
Consulting Contract Agreement for the 1161h Avenue SE Materials-Testing &
Inspections Services with Jason Engineering & Consulting Businesses, Inc , in an
amount not to exceed $167,075, upon concurrence of the language therein by the Public
Works Director and the City Attorney.
3. EXHIBITS: Public Works memorandum and Consultant Services agreement
1 4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
I5. 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. 61
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone- 253-856-5500
KENT Fax: 253-856-6500
WAIHINGTONi
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: July 11, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: July 16, 2007
From: Peter Tenerelli, Construction Engineering Manager
Through: Larry Blanchard, Public Works Director
Subject: 116`h Avenue SE- Materials Testing & Inspection Services Contract
ITEM 4
Motion: ■ Required ❑ Not Required ❑ For Information Only
Move to recommend authorization for the Mayor to sign the Jason Engineering &
Consulting Businesses, Inc., Contract Agreement for the 116`h Avenue SE-Materials
Testing & Inspections Services for an amount not to exceed $167,075 upon
concurrence of the language therein by the City Attorney and the Public Works
Director.
Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract
I ❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Procurement Policy 1.1; Section 1.1.8 PROFESSIONAL AND CONSULTANT CONTRACTS
Background/History: 116th Avenue SE—Materials Testing & Inspection Services requires
professional services to inspect the project to insure that the work meets the design and
specifications outlined in the contract and that materials, labor, and equipment are that for
which the City agreed. Additional professional services include field and laboratory testing of
soils and other materials to insure satisfactory compaction and structural integrity to prevent
premature failure of improvements. Due to the number of Capital Projects occurring
simultaneously, this is work over and above the City's own staff capability to provide adequate
inspection. In the case of materials and laboratory testing, this is beyond the City's in-house
capability. Consultants available to perform the work desired by the City is small, hence a
limited number of consultants selected for the available work.
Summary: This work is vital to insure that new infrastructure is inspected and that it meets
specifications and that a satisfactory level of quality is achieved to maximize the longevity of the
Limprovement.
Recommendations: Move to recommend authorization for the Mayor to sign the Jason
Engineering & Consulting Businesses, Inc., Contract Agreement for the 116th Avenue SE-
Materials Testing & Inspections Services for an amount not to exceed $167,075 upon
concurrence of the language therein by the City Attorney and the Public Works Director.
UIPWCom otteeUctronPage12007lPWC07i6O71116�Av5CJaeon Conlracldnc �
•
KENT
j CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Jason Engineering & Consulting Business, Inc.
tTHIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Jason Engineering & Consulting Business, Inc. organized under the laws of the
State of Washington, located and doing business at PO Box 181, A uburn, WA 9 8071, P hone: ( 206) 7 86-
8645/Fax: (253) 833-7316, Contact: Jason Bell (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 testing and inspection services for the 1 t6th Avenue SE
Improvements project. For a 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. Upo❑ the effective date of this
Agreement, Consultant shall complete the work described in Section I by June 30, 2008.
IIL COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One
Hundred Sixty Seven Thousand, Seventy Five Dollars ($167,075.00) for the services described
in this Agreement. This is the maximum amount to be paid tinder 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 fornn 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 inExhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment withni forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion o f t he invoice not in dispute. In that event,the parties will i rum edi ately make every
effort to settle the disputed portion.
CONSULTANT SERVICES AGREEMENT- 1
(Over$10.000)
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 perfonmance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work,file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be bounds to
avoid any of these covenants of lndenmification.
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 arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or tennnnation of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
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 R IGHT O F I NSPECTION. 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 line w ork rim ust in eet t line approval o f t he C my and s hall b e subject t o the C ity's general r 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 propose. 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 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 Innd the City's right to indemnification under Section
V11 of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
CONSULTANT SERVICES AGREEMENT-3
(Over sl o,000)
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 tenns 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,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) (Stgnalui e)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(Yule) DATE:DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Jason Bell Larry R. Blanchard
Jason Engineering & Consulting Business, Inc. City of Kent
PO Box 181 220 Fowth Avenue South
Auburn, WA 98071 Kent, WA 98032
(206) 786-8645 (telephone) (253) 856-5500 (telephone)
(253) 833-7316 (facsimile) (253) 856-6500 (facsmlile)
APPROVED AS TO FORM:
Kent Law Department
7EC13-I161h Improvements/TenerelL
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
Tcontractors, 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 affinnative 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 detenminlatlon regarding suspension or termination for all or pail of the
Agreement;
The questions are as follows.
I. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement t will not discriminate in employment on the basis of sex,race, color,
national origin, age, or the presence of all sensory,mental or physical disability.
3. During the time of this Agreement the prune contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 200_
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS- 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 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 $10,000 or more within ally
given year, must take the following affinnative 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 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
iThis 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 finn 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.
t
Dated this day of ,200_
By.
For:
ITitle:
Date:
r
EEO COMPLIANCE DOCUMENTS-3
Jason Geotechnical Eiigineenng Date- 1-15-2007
En0ineeiing Sc Retaminy Shuctules PIo ect.116ih Improvements,
f fj' L� Cotisutting 1-ouridatinn Design Kenut05-3u04
Business,Inc, Pavement Design &Anal)sis File# p07-017
CITY OF KENT
220 -4"'Avenue S
Kcot, WA 98032_5395
Re. Letter of Interest&Statement of Qualifications
Project: 1161h Ave Street Improvements,Kent#05-3004
Attn: Mi. Pete Tenerelli
Construction Manager
Gentlemen;
JASON ENGINEERING would like to submit this letter of our interest and qualifications for providing geotechnical
enguieenng and/or teGting and inspection services on the above refetenced upcoming project.Our office is physically
located at 33402 1471h Avenue SE in Auburn, fiom which we provide our services to lob sites throughout the Puget
Sound Region. -
JASON ENGINEERING is a small privately held Corporahon, which is committed to providing our clients with
timely services that they can depend upon for accurate and professional results. Because we are dedicated to
remaining a sinall firm,we strive to keep ahead through oui sense of purpose and dedication in providing out clients
with services that are professional for the geotechnrcal and construction inspection & testing industry, as well as
personable for the people who create it
JASON ENGINEERING specializes in providing geoteehnical services, soils stabilization/enhancement projects,
slope stability projects, soils investigations, special inspection/testing, retauung wail designs, pavement design
recommendations and construction management services to assist you foi a vat ety of public works and commercial
protects as well as private sector projects All of our construction management inspectors are qualified to
perform the same tasks as the soils/asphalt/concrete inspector. Management, testing and inspection is
typically performed by the same individual Hours are broken down according to task in the fee schedule.
Our experience in the geotechnical field and the testing/inspection of construction materials is extensive, especially
concerning roads,constniction materials and bridges. We are small,but we do concentrate on the jobs and clients that
we have and provide them with very personalized,friendly,cost effective service. Foi your review,we have included
a list of our Schedule of Fees & Services, which will give you an overview of the scope of services that JASON
ENGINEERING can provide for your project Also, we can provide certificates of insurance for Professional and,/or
General Liability Insurance
If you have any questions concerning m the above items, the proposal as it is set forth,or if JASON ENGINEERING can
be of any further assistance please call on us at(206)786-8645.
Respectfully Submitted,
JASON ENGINEERING &CONSULTING BUSINESS,INC
Jason EC Bell,P.E.
President
PO Box 181 Auburn TVA.98071 Page I of 4
Phone (206)-786-8645 Fa-, (253)833-7316 Email:lasowr?jasonengineer.com
11
J
Jason Geotechnical Engineering Date- 1-15-2007
En,tneering& Retaining Structuies Project-116'hImpiovennents,
� �, Consulting Foundation Design Kent#05-3004
J Business,Inc Pavement Design &;analysis File# p07-017
Scope of Services, Exhibit
These rates will apply for the duration of the project and should provide all the testing and inspection requirements
for your protect.116rh Avenue Improvements,Kent#05-3004
" Attend preconstructron meetings.
" Provide onsite conshuction i nspechon and reeormnendations regarding construction materials as requested.
" Obseive fill placernent and procedures. Provide moisture/density tests to confirm compaction and testing
specification requirements
" Sample imported material to evaluate and confinu specification requirements. This includes laboratory testing
for each soil type encountered and/or imported to the site. Testing methods wilt be performed accoi dr»g to
cui rent applicable standards
s� Provide construction management including budget tracking, daily report summaries,field measurements,pay
estimate prepamation
s>• All of our construction management inspectors are qualified to perform the same tasks as the
soils/asphalt/concrete inspector Testing and inspection is typically perfoinned by the same individual Hours
are broken down according to task in the fee schedule
s� Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A Licensed
P.E.reviews all reports and computer-generated copies are mailed to all parties on the project distribution list
9- The hourly rate is based upon portal-to-portal time The bouily rates shown below are applicable for all work
performed. There are no mileage charges There is a minimum charge of 2 hours for any inspection services
(weekends are minimum 4 hours) and a minimum charge of 2 hours for any professional engineering services
performed.
9- An overtime rate of$25/hour will be charge for all work in excess of the normal 8 hour working day,weekends
and legal holidays.
" Equipment & materials will include equipment used by an inspector the field in the performance of their
inspection duties
" Working days estimated for this pro)ect-175 days at 8 hours per day(2 inspectors).
" Prices are valid through July 31,2008
Duties and tasks to include construction managenent services, special inspection and testing services for asphalt,
concrete and soils placement per applicable WSDOT, ASTM and AASHTO standards We can also assist in
construction management services on an as needed basis to help supplement the City of Kent inspection staff.
PO Box 131 Aubur n WA.93071 Page 3 of 4
Phone- (206)-786-8645 Fax. (253)333-7316 Email iason'�,jasonengineer com
Jason Geotechnuad Fn7ineeiing Date. 1-15-2007
Engineering& Retaining Structures Project 1161uImprovements,
Gmsulh%zg Foundation Design Kent"05-3004
T,ii business,Inc. Pavement Design -Analysis File#:P07-017
ScItedide of Fees & Services
INSPECTION SERVICES Unit Rate Item Total
2000 Construction Management inspector $58 00 per hour $116,000 00
Asphalt Inspection&Monitoring w/Densometer $59 00 per hour
Concrete hispection B.Monitoring $58 00 per hour
Post Tension Concrete Inspection&Monitoring $58 00 per hour
Paint Tluckmess Inspechon $58 00 per hour
Structural Steel/Welding Inspection $58 00 per hour
Masolm Inspection&Monitoring $58 00 per hour
800 Soils Inspechon&Monitoring w/Densometer $58 00 per hour $46,400 00
Overtime Preinuin $25 00 per hour
LABORATORY SERVICES Unit Rate Item Total
Asphalt,Ignition&Gradation $150,00 each
Asphalt,Marshall Test Seises $250 00 each
Asphalt,Rice Specific Gravity $85 00 each
Concrete,Beams $75 00 each
Concrete,CMU Prisms $100 00 each
20 Conciete,Cyhnders $2000 each $400(ift
Concrete,Mortar Cubes&Grout Prisms $20 00 each
Soil,Atterberg Lmuts $100 00 each
Soil,California Bearing Ratio $500 00 each
Soil,Consolidation Test $200 00 each
Sod,Degradation-Ethylene Glycol $150 00 each
Sod,Degradation-WSDOT $125 00 each
4 Soil,Fracture Count $75 00 each $300 00
Soil,Hydrometer $150 00 each
Soil,L A.Abrasion $150 00 each
Soil,Moistuie Content $2500 each
Soil,Organic Content woo each
10 Soil,Proctor(Standard or Modified) $150 00 each $1,500 00
10 Sod,Sand Equivalent Test $75 00 each S750 00
10 Soil,Sieve Analysis with#200 wash $125 00 each $1250 00
Soil,Specific Gravity(coarse,fine,or soils) $75 00 each
Sod,Sultate Soundness $150 00 each
Soil,Unit weight $30 00 each
GEOTECHN IC A L/PROCESSIONAL SERVICES Unit Rate Item Total
5 Professional Engineering Services $95,00 per hour $47500
Estimated Project Total: $167,075.00
s� Working days estimated for this project-175 days at 8 hours per day(2 inspectors)
PO Box 181 Auburn WA 98071 Page 2 of
Phone: (206)-786-8645 Fax: (253)833-7316 Email Jason@jasonengineer coin
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the worn:hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equip alert liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising froul premises, operations,
independent contractors, products-completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The
Comnnereial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be
no endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage_ The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with respect to
the work performed for the City using ISO additional insured endorsement
CG 20 10 11 85 or a substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
' 4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability Insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate and a
$1,000,000 products-completed operations aggregate limit.
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 pet claim and $1,000,000 policy aggregate limit-
C. Other Insurance Provisious
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.
Z. The Contractor's insurance shall be endorsed to state that coverage shall not
be cancelled by either patty, 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 shalt 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:V1I.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily lmuied 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 I
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
Kent City Council Meeting
I Date August 7, 2007
Category Consent Calendar
1. SUBJECT: 2007 ASPHALT OVERLAYS TESTING AND INSPECTION
SERVICES CONTRACT —AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign an agreement for the
Consulting Contract Agreement for the 2007 Asphalt Overlays-Materials Testing &
Inspections Services with Jason Engineering & Consulting Businesses, Inc , in the
amount not to exceed $40,705, upon concurrence of the language therein by the Public
Works Director and the City Attorney.
3. EXHIBITS: Public Works memorandum and Consultant Services agreement
1 4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure`? X Revenue?
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION.
ACTION:
Council Agenda
Item No. 6J
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
KENT Fax, 253-856-6500
W ASHINGTON
Address- 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: July 11, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: July 16, 2007
From: Pete Tenerelli, Construction Engineering Manager
Through: Larry Blanchard, Public Works Director
ISubject: 2007 Asphalt Overlays - Materials Testing & Inspection Services
ITEM 5
Motion: ■ Required ❑ Not Required ❑ For Information Only
Move to recommend authorization for the Mayor to sign the Jason Engineering &
Consulting Businesses, Inc., Contract Agreement for the 2007 Asphalt Overlays -
Materials Testing & Inspections Services for an amount not to exceed $40,705 upon
concurrence of the language therein by the City Attorney and the Public Works
Director.
Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Procurement Policy 1.1, Section 1.1.8 PROFESSIONAL AND CONSULTANT CONTRACTS
Background/History: 2007 Asphalt Overlays—Materials Testing & Inspection Services requires
professional services to inspect the project to insure that the work meets the design and
specifications outlined in the contract and that materials, labor, and equipment are that for which
the City agreed. Additional professional services include field and laboratory testing of soils and
other materials to insure satisfactory compaction and structural integrity to prevent premature
failure of improvements. Due to the number of Capital Projects occurring simultaneously, this is
work over and above the City's own staff capability to provide adequate inspection. In the case of
materials and laboratory testing, this is beyond the City's in-house capability. Consultants available
to perform the work desired by the City is small, hence a limited number of consultants selected for
the available work.
Summary: This work is vital to insure that new infrastructure is inspected and that it meets
specifications and that a satisfactory level of quality is achieved to maximize the longevity of the
improvement.
Recommendations: Move to recommend authorization for the Mayor to sign the Jason
Engineering & Consulting Businesses, Inc., Contract Agreement for the 2007 Asphalt Overlays -
Materials Testing & Inspections Services for an amount not to exceed $40,705 upon concurrence of
the language therein by the City Attorney and the Public Works Director.
U WWCommiOeeUc1tonPages120071PWC 07 16 0Ntem52007 Asphalt Ovedays Jason Cng doc
KENT
WnSNINGTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Jason Engineering & Consulting Business, Inc.
tTHIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Jason Engineering & Consulting Business, hie. organized under the laws of the
State of Washington, located and doing business at PO Box 181, A ubuni, WA 9 8071,P hone: ( 206) 7 86-
8645/Fax• (253) 833-7316, Contact: Jason Bell (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 testing and inspection services for the 2007 Asphalt Overlays
project. For a 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, 2007.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty
Thousand, Seven Hundred Five Dollars ($40,705.00) 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
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. I m that e vent, the parties will r mmedrately im ake every
effort to settle the disputed portion.
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
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
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.
VII. INDEMNIFICATION. Consultant shall defend, indern ify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits.
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction deter ime that this Agreement is subject to RCW 4 24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
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. ,
CONSULTANT SERVICES AGREEMENT-2
(Ovel $10,000)
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 subnntted by the City to the Consultant wilt 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 tlns 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 perfomnance and details of the work authorized under this
I Agreement, t he w ork must in eet t he approval o f the C ity and s hall b e subject to the C ity's general r ight o f
inspection to secure satisfactory completion.
XIL WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in cormection with the work.
XHI. 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 perfonmance 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 relinquish anent of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and 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
VU of thus 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 marl,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assigrnment, the tenns
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(srgnaune) (srgnmlure)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(True) DATE:DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Jason Bell Larry R. Blanchard
Jason Engineering & Consulting Business, Inc. City of Kent
PO Box 181 220 Fourth Avenue South
Auburn, WA 98071 Kent, WA 98032
(206) 786-8645 (telephone) (253) 856-5500 (telephone) i
(253) S33-7316 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
i
1ECB-Overlays enerelh
CONSULTANT SERVICES AGREEMENT-4
(Over.$10,000)
Jason Geotecluucal Engineering Date. 1-15-2007
r Engineering& Retaining Stiuctures Protect.Asphalt Overlay 2007,
/ L; Consujling Foundation De::gn i`ent#07-3001
c� _� Business, tne. Pavennent Design ,� Aiiaiysis File ft p07-019
CITY OF KENT
220-T"Avenue S.
Kent, WA 98032-5895
Re: Letter of interest R.Statement of tlnalifica_ionc
Project: Asphalt Overlay,Kent#07-3001
Attn: Mr.Pete Tenerelti
Construction Manager
1 Gentlemen,
JASON ENGINEERING would like to submit this letter of our interest and qualifications for providing geotechnical
engineering and/or testing and inspection services on the above referenced upcoming project.Our office is physically
located at 33402 147111 Avenue SE in Auburn, from which we provide our services to lob sites throughout the Puget
Sound Region.
JASON ENGINEERING is a small privately held Corporation, which is committed to providing our clients with
timely services that they can depend upon tot accurate and professional results Because we are dedicated to
remaining a small firm,we strive to keep ahead through our sense of purpose and dedication to providing our cheats
with services that are professional for the geotechnical and construction inspection & testing industry, as well as
personable for the people who create it.
JASON ENGINEERING specializes in providing geotechnical services, soils stabilization/enhancement projects,
slope stability projects, soils investigations, special inspection/testing, retaining wall designs, pavement design
recommendations and construction management services to assist you foi a variety of public works and commercial
projects as well as private sector projects All of our construction management inspectors are qualified to
perform the same tasks as the soils/asphalt/concrete inspector. Management, testing and inspection is
typically performed by the same individual Hours aie broken down acmrduig to task in the fee schedule
Our experience in the geotechnical field and the testing/inspection of construction materials is extensive, especially
concerning roads,construction materials and bridges We are small, but we do concentrate on the jobs and clients that
we have and provide them with veiy personalized, friendly,cost effective service For your review,we have included
a list of our Schedule of Fees & Services, which will give you an overview of the scope of services that JASON
ENGINEERING can provide for your project Also, we can provide certificates of insurance for Professional and/or
General Liability Insurance.
If you have any questions concerning the above items, the proposal as it is set forth,or if JASON ENGINEERING can
be of any further assistance please call on us at(206)786-8645
Respectfully Submitted,
JASON ENGINEERING &CONSULTING BUSINESS,INC
• Jason EC Bell,P.E.
President
1
PO Box 181 Auburn WA.98071 Page 1 of 3
Phone: (206)-786-3645 Fax (253)833-7316 Email:JasonoJasonengineer.com
-- Jason Ceotechnical Engineering Date: 1-15-2007
Engineering& Retaining Sh uctures Project-Asphalt Overlay 2007,
!, - r Crnmsrrlting Foui:daticn llesigrn Kent#07-300]
_r Business,Tic. Pavement Design&Analysis File# p07-019
Schedule of Fees & Services
INSPECTION SERVICES UnitRale Item Total
260 Constniction Management Inspector $58.00 per hour $15,080 00
300 Asphalt Inspection&bfonitoriirg w/Densometer $58 00 per hour $17,400 00
Concrete Inspection&Monitoring $58 00 per hour
Soils lrrspection&Monitoring w/Densometer $58.00 per hour
Overtime Premium $25 00 per hour
LABORATORY SERVICES Unit Rate Item Total
35 Asphalt,ignition&Gradation $150 00 each $5,250 00
Asphalt,Marshall Test Series $25000 each
35 Asphalt Rue Specific Gravity $S5 00 each $2,975 00
Estinia Led PiojeetTotal $40,705.00
Scope of Services, ExhibitA
These rates will apply for the duration of the project and should provide all the testing and inspection requirements
for Your project Asphalt Oveilay for 2007,Kent#07-3001
" Attend preconstruchon meetings
" Provide onsite construction inspection and recommendations regarding construction materials as requested
" Obseive placement and procedures Provide density tests to confirm compaction and testing specification
requirements.
" Sample imported material to evaluate and confirm specification requirements This includes laboratory testing
for each material type encountered and/or imported to the site. Testing methods will be perfoinned according
to current applicable standards
" Provide construction management including budget tracking daily report summaries, field measurements,and
pay estimate preparation
" All of our construction management inspectors are qualified to perform the same tasks as the
soils/asphalt/concrete inspector. Testing and inspection is typically performed by the same individual. Hours
aie bi oken down according to task in the fee schedule.
" Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A Licensed
P E.reviews all reports and computer-generated copies are nnailed to all parties on the project distribution list.
" The hourly rate is based upon portal-to-portal time The hourly rates shown below are applicable for all work
performed There are no mileage charges There is a minimum charge of 2 hours for any inspection seances
(weekends are minimum 4 hours) and a nununum charge of 2 hours for any professional engineering services
performed
" An overtime rate of$25/hour will be charge for all work in excess of the normal 8 hour working day,weekends
and legal holidays.
" Equipment & materials will include equipment used by an inspector the field in the perfoinnance of their
u1spection duties
" Working days estimated for this project-70 days at 8 hours per day(1 inspector).
" Prices are valid through December 31,2007
Duties and tasks to include construction management services, special inspection and testing services for asphalt,
concrete and soils placement per applicable WSDOT, ASTM and AASHTO standards We can also assist in
construction management ,ervices on an is needed basis to help suppternent the City of Kent inspection staff
PO Box 181 Auburn WA 98071 Page 2 of 3
Phone: (206)-786-8645 Fax- (253)831-7316 Email: lasoni�,jasonengiiieer.com
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
1 Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for u1juries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage.
r2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be
no endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with respect to
the work performed for the City using ISO additional insured endorsement
CG 20 10 11 85 or a substitute endorsement providing equivalent coverage
3. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a nnnimmn combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate and a
$1,000,000 products-completed operations aggregate limit.
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EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy 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.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work perfonned 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 ieceiNe 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 i
ANII.
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 i
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.
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
1 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 foi all or part of the
Agreement;
The questions are as follows:
1. 1 have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability
I3. 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.
r4. During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5 Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200 .
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS- 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 ,
r
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
termniation 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.
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EEO COMPLIANCE DOCUMENTS-2
r
CITY OF KENT
r EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
i
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:
1
1 EEO COMPLIANCE DOCUMENTS-3
Kent City Council Meeting
Date August 7, 2007
Category Consent Calendar
1. SUBJECT: KENT EVENTS CENTER FLOODPLAIN MITIGATION
GEOTECHNICAL SERVICES CONTRACT —AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to enter into an agreement with
GeoEngmeers, Inc , for the Kent Events Center Floodplain Mitigation project for an
amount not to exceed $28,737, upon concurrence of the language therein by the City
Attorney and the 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 Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
tItem No. 6K
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone- 253-856-5500
KENT G Fax: 253-856-6500
WASH IN Address: 220 Fourth Avenue S.
' Kent, WA 98032-5895
Date: July 11, 2007
rTo: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: July 16, 2007
From: Pete Tenerelli, Construction Engineering Manager
Through: Larry Blanchard, Public Works Director
Subject: Kent Event Center Floodplain Mitigation — Geotechnical Services
ITEM 6
Motion: ■ Required ❑ Not Required ❑ For Information Only
Move to recommend authorization for the Mayor to sign the GeoEngineers, Inc.,
Contract Agreement for the Kent Events Center Floodplain Mitigation project for an
amount not to exceed $28,737 upon concurrence of the language therein by the City
Attorney and the Public Works Director.
Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Procurement Policy 1.1: Section 1.1.8 PROFESSIONAL AND CONSULTANT CONTRACTS
Background/History: Kent Event Center Floodplain Mitigation—Geotechnical Services requires
professional services to inspect the project to insure that the work meets the design and
specifications outlined in the contract and that materials, labor, and equipment are that for which
the City agreed. Additional professional services include field and laboratory testing of soils and
other materials to insure satisfactory compaction and structural integrity to prevent premature
failure of improvements. Due to the number of Capital Projects occurring simultaneously, this is
work over and above the City's own staff capability to provide adequate inspection. In the case of
materials and laboratory testing, this is beyond the City's in-house capability. Consultants available
to perform the work desired by the City is small, hence a limited number of consultants selected for
the available work.
ISummary: This work is vital to insure that new infrastructure is inspected and that it meets
specifications and that a satisfactory level of quality is achieved to maximize the longevity of the
improvement.
Recommendations: Move to recommend authorization for the Mayor to sign the GeoEngineers,
Inc., Contract Agreement for the Kent Events Center Floodplain Mitigation project for an amount
not to exceed $28,737 upon concurrence of the language therein by the City Attorney and the Public
Works Director.
UIPWCom atmL4ct1onPWe12001PWC06 16071ten 7KC EventrCenerGwtechncaICwhwtdoc
•
i KENT
WA5HINGTON
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 GeoEngrneers, hic organized under the laws of the State of Washington, located
and doing business at 1101 S. Fawcett Avenue, Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax:
(253)383-4923, Contact. Gary Henderson(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 geoteehrucal engineering services for the Kent Events Center
Floodplain Mitigation project. For a 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 aie performed
IL TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section i above unmediately 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, 2007.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty
Eight Thousand, Seven Hundred Thirty Six Dollars and seventy cents ($28,736.70) for the
services described in this Agreement. This is the maximum amount to be paid under this
1 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 perfonmed, 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
iCONSULTANT SERVICES AGREEMENT- 1
(Over $10,000)
i
portion o f t he i nvoice n of i n d ispute. I n t hat e vent, t he p arties w ill i mmediately in ake e very
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an hndependent 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
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perfomn 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, ai ising out of or to coruiecton 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 i
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 arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF ,
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, '
insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference.
CONSULTANT SERVICES AGREEMENT-2
(Over$10.000)
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any inforniation 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.
tXI. 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 work m ust m eet the approval of the City and s hal l b e subject t o t he City's general r 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 comnection 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 fall force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and 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 marl,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as maybe hereafter specified in writing.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
E. Assignment. Any assigimient of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement i
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, riles, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and persomiel 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:
(srgnatm e) (srgrrntue e)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(Tide) (Title)
DATE DATE: '
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Gary Henderson Larry R. Blanchard
GeoEngineers, hie. City of Kent
1101 S 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
Geofingmeers-Event Ctr Floodplatn Mrt/Tenereili
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 tenumation for all or part of the
Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 12.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above
By signing below,I agree to fulfill the five requirements referenced above.
Dated this day of 200_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS- t
CITY OF KENT
ADMINISTRATRTE POLICY '
NUMBER: 1.2 EFFECTIVE DATE- January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All ,
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more wrthm any
given year, must take the following affirmative steps.
1. Provide a written statement to all new employees and subcontractors indicating conunitment 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 '
famrhar 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 '
SCOPE OF SERVICES
CITY OF KENT '
KENT EVENTS CENTER
FLOODPLAIN MITIGATION
1. Attend pre-construction meetings. '
2. Provide on-site recommendations for striping depths,as needed. ,
3. Provide on-site recommendations as to suitability of on-site soils for structural fill.
4. Observe fill placement and take field moisture/density tests to evaluate if it meets specifications.
5. Sample material imported to site to evaluate if it is as specified. '
6. Perform laboratory testing on each of the different soils used for fill to develop maximum dry
density in accordance with ASTM D 1557.
7. Provide construction consultation as requested
8. Project management, mcludina budget tracking and summaries/memoranda,as needed.
Hob TA '
TACO 10104101 58100WinaIs1041015800L'xiubilAdce
File ATo 0410-158-00 GWENGINEERS_�g
.hdy 2, '007
EXHIBIT B
FEE ESTIMATE
CITY OF KENT
KENT EVENTS CENTER
FLOOQPLAIN MITIGATION
' Classification Hours Rate Cost
Principal (Gary Henderson) 12 $56 16 $673 92
Engineer 2 (Lyle Stone) 270 $20" 68 $7,203 60
Support 12 $23 00 $276 00
Direct Labor $8,153 52
' Overhead (214 83% of direct labor) $17,516 21
Subtotal $25,669 73
Profit(10%of overhead plus direct labor) $2,566 97
' Total Labor $28,236 70
Other Expenses
Expendables (photographs, equipment charges, mileage, etc) $500 00
Subtotal $500 00
Total Estimated Costs $28,736.70
TACO 0\0410158\o0Tinals1041015800ExhibitBFeeEst xis
File No 0410-158-00
July 2,2007 GEOENGINEERS�g
EXHIBIT C '
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS 1
Insurance '
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in '
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,hired and '
leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 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 Commmercial General Liability insurance policy with respect to
the work performed for the City using ISO additional insured endorsement '
CG 20 10 11 85 or a substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of S1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less
than $1.000,000 each occurrence, $2,000,000 general aggregate and a '
$1,000,000 products-completed operations aggregate limit.
EXHIBIT C (Continued)
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy 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 shal l 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 ►eceive 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 V11.
E. Verification of Coverage
' Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
' F. Subcontractors
' Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
' for the Contractor.
1
Kent City Council Meeting
Date August 7, 2007
Category Consent Calendar
1. SUBJECT: CONGRESSIONAL/LEGISLATIVE SUPPORT CONTRACT—
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to enter into a Consultant
Services Agreement with Thompson Smitch Consulting Group in an amount not to
exceed $70,000, upon concurrence of the language therein by the City Attorney and the
Public Works Director
The contract provides the City of Kent assistance to secure the FY08 Energy and Water
appropriation request.
3. EXHIBITS: Public Works memorandum and Consultant Services agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
S. 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
e DISCUSSION:
ACTION:
Council Agenda
' Item No 6L
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone. 253-856-5500
KENT' Fax- 253-856-6500
WAS
H1NGTON Address: 220 Fourth Avenue S
Kent, WA 98032-5895
Date: July 11, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: July 16, 2007
From: Chad Bieren
Through: Larry Blanchard, Public Works Director
Subject: Congressional/Legislative Support Contract — Tim Thompson
ITEM 7
Motion: ■ Required ❑ Not Required ❑ For Information Only
Move to 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 to secure
the FY08 Energy and Water appropriation request.
Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ■ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
jBackground/History:
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 Duwamish / Green Ecosystem Restoration Project (ERP). 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. In
2005, the ERP received an additional construction budget of $1.25 million and, in 2006, $1.875
million. In 2007, the construction budget included for the ERP was $2.3 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 projects in the Green/Duwamish River system.
The project sites in the ERP are fully integrated with the WRIA 9 Salmon Habitat Plan, which has
been adopted by the City of Kent.
�j This contract will support the City of Kent's effort, on behalf of the WRIA 9 Forum, to secure the
FY08 Energy and Water Appropriation request. 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 2008 and further in the future and is in need of federal construction funds to allow
U IPWCnmmurcc AuianP.gd2007,Pg CO1 l6 07VI,m 8 Congre.vonalLegCow a,6,pponTh.mpwn dx
Page 1 of 2
Thompson Smitch
Consulting Group
Memo
To: Mike Mactutis
From: Tim Thompson
Date: August 1,2007
Re: FY 2008 Green Duwamish Appropriation Work
I would propose we keep the same contract terms as last year and the same scope of work I would
add one additional item, and that would be to work on some Congressional tours of the area and
bringing some of the state officials into the discussion particularly as it relates to the cleanup of Puget
Sound
Because we are late in setting this contract in place, I would propose we keep the amount ($70,000)
the same and I will bill you from July 2007—January 31s`,2008 at a rate of$10,000 per month
Status of Green Duwamish Appropriations
As you know we have been successful in years past in securing federal support for the Green
Duwamish Restoration effort To date we have worked closely with Senator Patty Murray and
Congressman Dicks to
1 Secured designation of the Green Duwamish as a new construction start
2 Secured support as a priority Corps of Engineers restoration protect with the Federal Office of
Management and Budget
3 Attempted to secure support for the project in the President's budget
4. Secured ongoing federal appropriations for the Green Duwamish including $2million in the Senate
FY08 Energy and Water Appropriations bill.
My focus for FY08 would be
1 Continue to work to protect the Senate $2 million appropnation Seek Congressman Reichert,
Smith, McDermott and Dicks support in asking the House to support the Senate mark at$2million
2 Seek to include the Green Duwamish in the Presidents FY 09 budget
3 Keep the Congressional members and staff involved and supportive in the Green Duwamish effort
I will provide monthly reports on my efforts and progress I greatly appreciate the opportunity to work with you
again this year on Green Duwamish Restoration effort
1
•
KEN TI
WASHINGTON
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 Smitch Consulting Group, Inc. organized under the laws of the State of
Washington, located and doing business at 182t East Dock Street, Tacoma, WA 98402, Phone: (253) 879-
1250/Fax: (253) 879-1251, Contact Tim Thompson (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications*
The Consultant shall work to secure FY 08 appropriations for the Green Duwamish Restoration
project. For a 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 perfonned.
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 January 31, 2008.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy
Thousand Dollars ($70,000 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
1 negotiated and executed supplemental agreement The Consultant agrees that the hourly or flat
rate charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's
billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
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
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement
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 to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS `VAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
CONSULTANT SERVICES AGREEMENT-2 1
(Over$10,000)
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. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
j 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.
XHI. 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 rn full force and effect
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and 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
VI 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 to this Agreement or such
other address as may be hereafter specified in writing
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
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 this Agreement All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By. By:
(signature) (signature)
Print Name. Print Name: Suzette Cooke
Its Its Mayor
(Terre) (r,rrc)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: t
CONSULTANT: CITY OF KENT:
Tim Thompson Larry R. Blanchard
Thompson Smitch Consulting Group, Inc. 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-08 Green DUWamish/Mactutls
CONSULTANT SERVICES AGREEMENT-4 ,
(Over$10,000)
i
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows.
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200 .
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS- I
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER- 1.2 EFFECTIVE DATE. January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY-
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year, must take the following affirmative steps.
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
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.
I
j
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
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) ,
ibetween the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of 1200
By.
For:
Title:
Date.
i
EEO COMPLIANCE DOCUMENTS-3
that construction to occur. The first phase of the Lake Meridian Outlet Project, of which Kent is the
sponsor, is under construction in 2007, and will be relying on funding in the future for Phases II and
III to be completed Kent is therefore the appropriate jurisdiction to lead this project Thompson
Smitch has assisted the City in developing the appropriations requests for the past three years and
the requests have been successful, despite increasing competition from other areas of the federal
budget.
Duties will include developing the FY 08 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 and the City of Kent.
Summary:
The contract will provide the City, on behalf of the Watershed Resource Inventory Area 9 (WRIA 9),
support to secure the FY08 Energy and Water appropriation request
Recommendations:
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 to secure the FY07 Energy and Water appropriation
request.
U IPWCommdleeUcnonPageVO071PWC071607Vfem8Congr ionalLegConmactSupporlThomprondoc
Page 2 of 2
Kent City Council Meeting
Date August 7, 2007
Category Consent Calendar
1. SUBJECT: 106TH AVENUE SE SEWER MAIN EXTENSION AND
LATECOMER AGREEMENT—AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Latecomer 4�greement for the 106`h
Avenue SE Sewer Main Extension between the City of Kent and the developers of the
Silver Creek, Wildwood Ridge 1 & 2, and Henderson Short Plats.
i
i
3. EXHIBITS: Public Works memorandum and Latecomer agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc )
5. FISCAL IMPACT
Expenditure9 _ Revenue? _
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
r
DISCUSSION:
ACTION:
Council Agenda
Item No. 6M
i
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
1 Phone, 253-856-5500
KENT Fax- 253-856-6500
WAS HINGTON Z000 Address- 220 Fourth Avenue S.
Kent, WA 98032-5895
i
Date: July 13, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: July 16, 2007
From: Mike Gillespie, Development Review manager
Through: Larry Blanchard, Public Works Director
Subject: 106th Ave. SE Sewer Main Extension Latecomer Agreement
ITEM 8
Motion: Required ❑ Not Required ❑ For Information Only
Recommend council accept the Latecomer Agreement and its referenced exhibits
for the 106th Ave. SE sewer main extension between the City and the developers of
the Silver Creek, Wildwood Ridge 1 & 2, and Henderson Short Plats, upon approval
of final terms and conditions acceptable to the City Attorney and the Public Works
Director.
Will document be required?
❑ Ordinance ❑ Resolution Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
1 Governing Policies Procedures Rules & Regulations:
RCW Chapter 35.91 Any party tapping into. connecting, or benefiting from
constructed sanitary sewer line improvements will pay a pro-rata cost of said line.
Background/History: The developers of Silver Creek Short Plat, Wildwood Ridge 1 & 2, and
Henderson Short Plat constructed a 10" sanitary sewer main a distance of 652 feet along 106th
Ave. SE, south from SE 264th St. to the North boundary of Silver Creek Short Plat. A latecomer
agreement has been prepared to compensate the developers.
Summary: The developers cost for constructing 652 feet of 10" sewer main was $171,579.00. This
extension can ultimately serve approximately 88 neighboring parcels. The Department is
requesting that a latecomer agreement be established, requiring affected parcels to pay a pro-rata
cost of the sanitary sewer main line extension when tapping, connecting, or benefiting from the
extension. Exhibit 'A' reflects the associated costs per parcel and Exhibit 'B' is a map of the affected
1 parcels.
Recommendations: Recommend council accept the Latecomer Agreement and its referenced
exhibits for the 106th Ave. SE sewer main extension between the City and the developers of the
Silver Creek, Wildwood Ridge 1 & 2, and Henderson Short Plats, upon approval of final terms and
conditions acceptable to the City Attorney and the Public Works Director.
U PWCommitteeWtronPage%20071PWC 07 16 0711tem 8 116" Latcomer doc
1
AFTER RECORDING RETURN DOCUMENT TO:
Property Management
City of Kent
220 4th Avenue South
Kent, Washington 98032
Reference Number of Related Document: #153
Grantor(s): Gary L. and Fran M. Gordon and Ty Henderson, members
of East Hill Properties, LLC, an administratively disolved Limited
Liability Corporation, Tarig K. Panni and Elizabeth M. Panni, husband
and wife, Don Leabo, and Bakke Development, a Washington
corporation
Grantee(s): City of Kent
Abbreviated Legal Description: SW1/4 29-22-05 and Ptn. Crowe's Unrec Plat
Additional Legal Description is on Page(s)_ of Document
Assessor Tax Parcel No. :
PROJECT NAME: 106th Avenue SE Sewer Main Extension
I
1 LATECOMER AGREEMENT
This Agreement made this day of ,20_,
between the City of Kent, a Municipal Corporation, hereafter called the
"City", and Gary L. and Fran M. Gordon and Tv Henderson, members of
East Hill Properties, LLC, an administratively disolved Limited
Liability Corporation, Tarin K. Panni and Elizabeth M. Panni, husband
and wife, Don Leabo, and Bakke Development, a Washington
corporation hereafter called the "Owners".
WHEREAS Owners have constructed at its expense a Sanitary
Sewer Extension line, hereafter called "improvements", and;
WHEREAS the parties desire to provide that any party thereafter
tapping, connecting, or benefiting from said improvements will pay a pro-
rata cost of said line in accordance with Chapter 35.91 of the revised Code of
Washington and the terms thereof.
U \LATECOMERS & CHARGE IN LIEU1106th aye 1153\LATECOMER AGREEMENTIfINAL SIGNED COPY 106TH AVE SE
SEWER MAIN EXThenderson et a1 latecomer agreement 20073 doc
1 of
This notice DOES NOT constitute a lien on the properties described
herein and is❑collectable only when an application is made to connect or tap
into the line herein described.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties agree as follows:
1.The Owners have constructed Said Improvements for a total
cost of $171,579.00
2. The Owners do grant and convey the above described
improvements to the City free of any liens or encumbrances and
the City hereby approves and accepts said improvements which
approval and acceptance was authorized by motion duly
seconded and passed at a regular City Council meeting on
20_
3. The above referenced improvements constructed by the Owners
are a special benefit to the following described property in King
County, Washington. See Exhibits "A" and
"B" attached and incorporated herein
Boundary Map attached? Yes X No_ ,
4. The Owners constructed the above referenced improvements for
a total cost of $ 171,579.00 of which a portion of this cost
shall be distributed to the above described properties.
5. In accordance with Chapter 35.91 of the revised Code of
Washington, any party other than the Owners tapping or
connecting to said improvements will be required to pay the
Owner on the following basis:
See Exhibit A (cost per parcel) attached and incorporated
herein.
6. The City agrees to bear all further costs of maintaining and
operating the above referenced improvements.
7. After acceptance of said improvements by the City and after the
expiration of any period during which said improvements are
warranted as to workmanship by the Owner the City shall
U•\LATECOMERS & CHARGE IN LIEU\106th ave #163\LATECOMER AGREEMENT\FINAL SIGNED COPY 106TH AVE SE
SEWER MAIN EXThenderson et al latecomer agreement 20073 doc
2 of
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thereafter be responsible for any and all maintenance and
operation costs of said improvements. Said improvements shall
be adopted as a facility of the City and the City may charge such
rates as it may be authorized by law to establish.
j8. The contract will be effective for fifteen years from the date
hereof, and if any owners of any properties described in Paragraph
■ 3 above desire to tap into the improvements, the City will require
i that payment on behalf of the Owners be made in accordance with
Section 5 above, prior to any such tap being made.
9. In accordance with RCW 35.91.020(3), during the term of this
Agreement, the Owners will submit a written notice to the City every
two years on the anniversary date of the contract, which includes the
then current name, address and telephone number of the person,
company or partnership that originally executed the Agreement.
Authorization for this Agreement approved by City Council on the day
of 20_.
j IN WITNESS WHEREOF the parties have caused this Agreement to
be executed on the day and year first above written.
Z
MAKE CHECK PAYABLE TO: Garyj& and Fran M. Gordon and Tv
Henderson
MAIL CHECK TO: Garver and Fran M. Gordon and Tv Hertersen c/o
East Hill Properties, LLC, 4050 92"d Ave SE, Mercer Island, Wa,
98040
C•\DOCUME-1\ADMINI-1\LOCALS-1\Temp\106TH AVE SE SEWER MAIN EXT Jemderspm et al latecomer
agreement 2007 doc 3 of
Boundary Map attached? X Yes _No
4. The Owner constructed the above referenced improvements for a total cost of
$01 45 Ij L�-' of which a portion of this cost shall be distributed to the above
described properties.
5. In accordance with Chapter 35.91 of the revi§4d Code of Washington, any party
other than the Owner tapping into sing/aid improvements will be required to
pay the Owner on the followinr �l4
See Exhibit"C" (cost pr 4�C� lQa'ttaehed and incorporated herein.
6. After acceptance of �o�ements by the City and after the expiration of any
period during wh' nprovements are warranted as to workmanship by the
Owner the Cit, �w isponsible for any and all maintenance and operation
costs of saV GC` ents. The improvements shall be adopted as a facility of
the City Q$v~ , 'may charge such rates as it may be authorized by law to
establ; ��
7. This Lu er Agreement will be effective for fifteen years from the date hereof,
and if an wners of any properties described in Section 3 above desire to tap into
the 111 ovements, the City will require that payment on behalf of the Owner be
ma in accordance with Section 5 above, prior to any such tap being made.
8. uthorization for this Latecomer Agreement approved by City Council on the
day of 20,.
IN WITNESS WHEREOF the parties have caused this Latecomer Agreement to be
executed on the last day and year written below.
OWNER(S)
rDANA
.
By: at ►..
Print Name: Q MAIDAlti,i�E1
Date: CA Cr-,' UP COMMISSION EXPIRES
November 4,2M
CITY OF KENT (`��1�
By:
Larry Blanchard, Public Works Director
Date, '
DEVELOPER:
I Pri
nt
Print Name: 41fthcdT
Its: ,ice
IDate: �A ^s
By:
1 Print Name:
Its:
Date:
STATE OF WASHINGTON )
)ss.
COUNTY OF KING }
On this day of ,200 before me allotary Public in and for the State
of Washington, personally appeared � 4-` t-.-- t , � , to me known to be the
_ :> F• i described in and who executed the foregoing instrument and acknowledged
that t iev signed and sealed the same as their free and voluntary act and deed for the uses and
purposes therein mentioned.
t -Notary Sea!Must Appear Within Thu Box-
IMI� EOF,I have hereunto set my hand and official seal the day and year
first abovgt ptj Q ''
•''' ��pTAgr wa :;2 s
RUISI<tc. i NOTARY PUBLIC, in and for the State
gy27: � of Washington, residing at —
�'•, OF WAs'770' My appointment expires ` ` ,Z_� • L`'"�
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OWNERS)
PRINT NAME: t � � 7,14 fq t�4 N A/I
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this ' day of f , 200— before me a
Notary Public in and ,for the State f Washin Qon, Ppersona lly appearEd
�� ► �L iIV) and F11'1 ;
husband and wife, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons who executed this instrument and
acknowledged it to be their free and voluntary act and deed for the uses and
purposes mentioned in this instrument.
-Nola) Sea!dhusl Appear Widwr This Box-
IN WITNESS WHEREOF, h e hereunto se l�d official seal the day
and year first above written.
t
3�gaX3sdFI+ ao y30N °
o LeJ N N Y PU UC, in and for the State of Washington
11 41 C N siding at �y
N N a W A S H A R 5 My appointment expires
S-VOMM�SSL 9 20U X
MA PAYABLE TO: C g-K+ t
MAIL CHECK TO: z`ttiS A� C r;h/zK 0i2i� E
r
COUNTY OF KING )
On this day of , 200 7 before me
a Notary Public in and for the State of Washington, personally appeared —T rr
Henderson , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person who executed this
instrument and acknowledged it to bei i ss /hel✓free and voluntary act and deed for
the uses and purposes mentioned in this instrument.
-Notary Seal Must Appear Walim Au Box-
IN W TTTIy t ,S WHEREOF,I have here"set my hand and official seal the day and
at
year firs �i �dry �hf,, /
2 rs. ` ''�,�? NOTARY PUBLIC, in and for the State of W hingto
o residmg at <
My appointment expires U `f
State of Texas
County of1'? c'!'fi� / /
Before me, 1)1)19r � a k^S i �i� R4 1:c G/1/v y , on
this day p�rs�ppeared
Garver': an n M. Gordon known to me (or proved to me on the
oath of or through
`7F)(o �> {.) iv n, C rsr.=� .v to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this _ day of
(Year).2w G ,
Lary Public's Signature
Print Name: `)/4/ ' , r4
'µ ,a MARIA M ROSALES
i My Commission Expires
' August 9,2067
C \DOCUME-1\ADMINI-1\LOCALS-1\Temp\106TH AVE SE SEWER MAIN EXT .7-mderspm et al latecomer
agreement 2007.doc Of
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day of , 200_ before me a
Notary Public in and for the State of Washington, personally appeared
TIMOTHY_ J. LAPORTE to me known to be the City Engineer of THE
CITY OF KENT , a Washington corporation that executed the foregoing
instrument, and acknowledged it to be the free and voluntary act of said
corporation, for the uses and purposes mentioned in this instrument, and on oath
stated that they were authorized to execute said instrument.
-Notary Seal Must Appear Within Thu Box-
IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day
and year first above written.
NOTARY PUBLIC, in and for the State of Washington
residing at
My appointment expires
i
1
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STATE OF WASHINGTON )
ss.
C:\DOCUME-1\ADMINI-1\LOCALS-1\Temp\106TH AVE SE SEWER MAIN EXT .Iemderspm et al latecomer
agreement 2007 doc 4 of
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MAKE CHECK PAYABLE TO: Gary L. and Fran M. Gordon and Ty
Henderson
MAIL CHECK TO: Gary L. and Fran M. Gordon and Ty Henderson c/o
East Hill Properties, LLC, 4050 92nd Ave SE, Mercer Island, Wa,
98040
MAKE CHECK PAYABLE TO: Bakke Development, 12609 194th Ave Ct E,
Sumner, Wa, 98390
j _MAKE CHECK PAYABLE TO: Don Leabo, P.O.Box 3531, Redmond, Wa,
98073
i
MAKE CHECK PAYABLE TO: Tarin Panni, 2405 NE Park Drive, Issanuah,
Wa, 98029
i
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1
U•\LATECOMERS & CHARGE IN LIEU\106th ave #153\LATECOMER AGREEMENT\fINAL SIGNED COPY 106TH AVE SE
SEWER MAIN EY.Thenderson et al latecomer agreement 20073.doc
4 of
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Exhibit A
-parcel-57 a r~ >�:-. 7"'Tf
- � �.� DescCiption � i:sr ..� a s :s :Ctiarge
1 CROWES UNREC PLAT BEG 20 FT E&305 FT N OF $13,648.32
SE CDR TH N TO N LN TH W ALG SD LN TO PT 10
FT W OF NW COR TH S TO PT 275 FT N & 10 FT W mm
OF SW COR TH NELY TO BEG LESS CO RDS&LESS
1858600006 C/M RGTS
1-2 CROWES UNREC PLAT BEG 10 FT S &20 FT E $9,748.80
OF SE COR OF 1 TH N 315 FT TH SWLY TO PT 10 FT
W OF W LN OF 1 &285 FT N OF PT W OF BEG TH S
285 FT TH E ALG WLY PROD OF S LN OF N 10 FT OF
1858600005 2 TO BEG LESS CO RD
2 CROWES UNREC PLAT LESS N 10 FT&LESS C/M $ 3,899.52
RGTS &LESS CO RD LESS POR DAF- BEG SW COR
OF E 18.6 FT OF W 1/2 OF SW 1/4 OF NE 1/4 OF SW
1/4 OF SEC 29-22-05 BEING TPOB TH NLY ALG W LN
THOF 23&84 FT TH SELY 308.48 FT TO PT ON S LN
OF SW 1/4 OF NE 1/4 OF SW 1/4 IN SD SEC WCH IS
188.82 FT ELY OF POB TH W ALG SD S LN 188.82 FT
1858600010 TO TPOB
4 CROWES UNREC PLAT LESS CO RDS TAX POP,PAR $35,095.68
EX UND CHP 288 LWS 1971 CROWES UNREC PLAT
LESS CO RDS TAX POR PAR EX UND CHP 288 LWS
ISS8600020 1971 NOT INCLUDED
3 CROWES UNREC PLAT W 154 FT OF N 1/2 OF NE $7,799.04
1/4 OF NE 1/4 OF SW 1/4 OF SIR 29-22-05 LESS N
30 FT FOR RD LESS W 30 FT FOR RD LESS C/M
RGTS AKA E 124 FTOF W 134 FT OF LOT 3 OF
CROWES UNREC PLAT-AKA LOT A OF KC LOT LN
18S8600016 AD]NO ISS084 APPROVED 2-5-85
PORTION 5 T E CROWE'S PLAT UNREC PORTION OF $1,949.7
NE QTR SW QTR STR 29-22-05 OAF: BEGINNING AT
NE CORNER OF N HALF W HALF N HALF SE QTR NE
QTR SW QTR STR 29-22-05 AND PROCEEDING
ALONG E LINE OF SAID SUBDMSION S00-16-11E
142.57 FT TH N88-27-IBW 48.54 FT TO POINT OF
CURVATURE TH ALONG CURVE TO RIGHT HAVING
RADIUS OF 77.00 FT&CENTRAL ANGLE OF 25-50-
30 ALONG ARC DISTANCE OF 34.73 Fl-TO POINT
OF REVERSE CURVATURE TH ALONG CURVE TO
LEFT HAVING RADIUS OF 123.00 FT&CENTRAL
ANGLE OF 20-40-06 ALONG ARC DISTANCE OF
44.37 FT TH N00-03-31W 123.05 FT TO N LINEOF
ABOVE SUBDIVISION TH ALONG SAID N LINE S88-
27-18E 123.56 FT TO TPOB(AKA NEW LOT"A"
DESCRIBED&DELINEATED PER CITY OF KENT LOT
LINE ADJUSTMENT NO LL-2002-10 RECORDING NO
18S8600025 20020321000383
Exhibit A
PORTION 5 T E CROWE'S PLAT UNREC N HALF NE $3,899.52
QTR SE QTR NE QTR SVJ QTR STR 29-22-05 EXC E
30 Fi WITHIN 108TH AVE SE; AND EXC COAL&
1858600027 1 MINERAL RIGhIS
PORTION 5 T E CROWUS PLAT UNREC S HALF NE $3,899.52
QTR SE QTR NE QTR SW QTR SIR 29-22-05 EXC E
30 FT WITHIN 109TH AVE SE;AND EXC COAL&
1858600026 MINERAL RIGHTS
292205 240 N 140 FT OF E 225 FT OF SE 1/4 OF SW $3,899.52
2922059240 1/4 LESS N 60 FT&LESS CO RD
292205 27 S 1/2 OF NE 1/4 OF SE 1/4 OF SW 1/4 $3,899.52
LESS S 120 FT LESS CO RD LESS BEG SW COR THOF
TH N ALG W LN 211.89 FT TH E ALG N LN 137.88 FT
TH S 44-59-13 E 300.86 FT TO S LN THOF TH W ALG
2922059027 SD S LN 344.19 FT TO BEG
292205 50 N 60 FT OF E 225 FT OF SE V4 OF SW $3,899.S2
I 1/4 TGW S 15 FT OF E 225 FT OF NE 1/4 OF SW 1/4 PAM
2922059050 LESS CO RD
6 CROWES UNREC PLAT S 70 FT OF N 150 FT OF E $3,899.52
294.94 FT MEAS ALG N LN OF POR W OF 108TH AVE
1858600031 SE LESS C &M RGTS
1
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Exhibit B '
Printed 06/12116
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Map Index Parcel Number N
1 1858600005
2 1858800006
3 1858600010 " e
4 1858600016
5 1858600020 s
6 1858600025
7 1858600026 N.i.S.
8 1858600027
9 1858600031
10 2922059027
11 2922059050
12 2922059240
Kent City Council Meeting
Date August 7, 2007
Category Consent Calendar
1. SUBJECT: SOLID WASTE HANDLING SERVICE ORDINANCE— ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. amending section
7.03.050 of the Kent City Code, which requires residential and commercial properties
to prevent garbage and other waste from overflowing on their properties.
t3. EXHIBITS: Ordinance and 7/16/07 memo from Tom Guilfoil, Assistant
City/Prosecuting Attorney, to the Public Works Committee
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc )
' 5. FISCAL IMPACT
Expenditure? _ Revenue?
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
IACTION:
� Council Agenda
Item No 6N
LAW DEPARTMENT
Tom Brubaker, City Attorney
' Phone. 253-856-5770
KENT Fax. 253-856-6770
W A 5 H I N G T O N Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
July 16, 2007
To: Public Works Committee
From: Tom Guilfoil, Assistant City/Prosecuting Attorney
Regarding: Solid Waste Handling Service - Ordinance Amending KCC 7.03.050
MOTION: Recommend council adopt the proposed ordinance which requires
residential and commercial properties prevent garbage and other waste from
overflowing on their properties.
SUMMARY:
Recently, the City Council substantially amended chapter 7.03 of the Kent City Code relating
to garbage collection services in the city of Kent by its adoption of Ordinance No. 3832 on
March 20, 2007.
Staff recommends an additional revision to KCC 7.03.050 to clarify the duty required of
property owners, landlords, and tenants to prevent spillage and overflow of garbage on their
' properties. Loose garbage is a public health issue because it attracts and sustains vermin
and other disease-carrying organisms, as well as adversely impacting the aesthetic quality
of the city for residents and visitors. This code revision will provide the City's code
enforcement officers with the tool necessary to effectively address code violations relating
1 to garbage overflow.
BUDGET IMPACT:
1 None.
P\Gull\Mo[rons BlueShee[s\Garbage5ernce-AtldressCodeEnPo¢-MobonShee[Aoc
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ORDINANCE NO.
1
AN ORDINANCE of the city council of the city of
Kent, Washington, amending section 7.03.050 of the
Kent City Code, entitled "Solid waste handling service,"
to require residences and commercial properties to
prevent spillage and overflow of garbage and other
waste.
RECITALS
A. The growth of the city has meant more garbage and other waste is
being produced by residents and businesses. Loose garbage is a public health
issue because it attracts and sustains vermin and other disease-carrying
organisms, as well as adversely impacting the aesthetic quality of the city for
r residents and visitors. Although most residents and businesses understand the
need to prevent garbage and other waste from spilling around the neighborhood,
a few persistent offenders continue to allow their wastes to create an unsightly
' mess.
B. The lack of a clear duty under the current city code to take
reasonable steps to prevent spillage and overflow of garbage has made it difficult
I for the city's code enforcement officers to effectively address the situation. These
proposed changes were intended to be incorporated in the recent overhaul of
chapter 7.03, but were not ready to present to the council for review at the time
the other changes to chapter 7.03 were adopted.
THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
1 Amend KCC 7.03.050-
Solid Waste Handling Service
1
ORDINANCE
SECTION 1. - Amendment. Section 7.03.050 of the Kent City Code,
entitled "Solid waste handling service," is amended as follows:
Sec. 7.03.050. Solid waste handling service.
A. All persons accumulating solid waste in the city shall place and accumulate ,
solid waste in garbage containers or units as required by this chapter.
B. It shall be unlawful to deposit, throw, or place any solid waste in any land,
alley, street, or other public place, or to deposit, throw, or place any solid waste
on any private property regardless of ownership, unless the solid waste is placed
in garbage containers, the covers of which shall not be removed except when
necessary for the depositing or removing of solid waste. Boxes, small barrels,
cartons, scraps of wooden crates and boxes, broken-up household furniture and
equipment, paper, hollowware and rubbish in general, may be broken up or cut up
and placed in garbage containers or units, consistent with this chapter or as
approved by the director.
C. Any garbage, recycle, or yard waste container,when filled, shall not weigh
more than the allowable weight for its size as determined by the director or
collection company for the safety of collection personnel and protection of
property. Garbage, recycle, and yard waste containers shall be packed so that the
contents thereof will dump out readily when the container is inverted. All
garbage, recycle, and yard waste containers and garbage units shall be placed at ,
curbside or alley for collection before 7.00 a.m. or in convenient, accessible
locations upon the ground level or ground floor and as near as practicable to the
approximate rear of the building or near the alley, street, or road at which
collection trucks are to be loaded as approved by the director or collection
company. All containers shall be removed from such locations as soon as possible
after collection, but no later than the end of the collection day. All walks, paths
and driveways to the place of loading shall have an overhead clearance of not less
than eight (8) feet.
2 Amend KCC 7.03.050- ,
Solid Waste Handling Service
D Any person accumulating solid waste in the downtown or suburban
' business areas whose location requires the placing of garbage, recycle, or yard
waste containers, or garbage units on a sidewalk or alley for collection shall not
place the same on a sidewalk or alley until the close of each business day, and
shall remove containers from the sidewalk or alley immediately after the opening
' for business each morning.
E. Dangerous and other waste.
1. No hot ashes or other hot material, dirt, sand, rocks, gasoline,
solvents, oil, paint, or dangerous or hazardous wastes shall be placed in any
garbage, recycle, or yard waste container or garbage unit for collection or
removal. All kitchen, table, and cooking waste before being deposited in garbage
containers or units, shall be drained and wrapped in paper or other material in
such a manner as to prevent as nearly as possible moisture from such solid waste
from coming in contact with sides or bottoms of the containers.
2. As used in this section, "dangerous or hazardous wastes" means any
solid waste designated as dangerous or hazardous waste by the State Department
Iof Ecology, and such wastes shall be disposed of consistent with Department of
Ecology rules and regulations.
F. Duty to prevent spillage and overflow of aarbaae and other waste.
1. A sufficient number and size of fie-approved containers must
be utilized at each residential and commercial site to ensure pfewded--fe—the
proper collection of all gafbacjewaste as defined in this chapter.
. If a site
repeatedly generates an amount of solid waste that requires more than the
minimum level of service. the City may require service to that site be increased
above the minimum level until such time that a higher level of service is no longer
regularly required. Either the landlord or the tenant may be held responsible for
the cost of the increased service.
2 Each container must be capable of being secured so as to prevent
' wind, birds, or animals from removing the contents of the container. Covers shall
be kept secured on each container at all times, except as necessary to deposit
waste in the container or to empty the container.
3 Amend KCC 7.03.050-
Solid Waste Handling Service
3. The immediate area around garbage, recycle, and yard waste
containers must be kept clean and free of loose waste at all times, except for ,
items properly bundled into units as allowed by this chapter.
4. The landlord and tenant shall share lecial responsibility for assuring ,
that a commercial property or residence complies with the requirements of this
section.
G. Certain garbage, recycle and yard waste containers shall be provided by
the collection company for the health, safety, convenience, and general welfare of
the residences and their occupants. All garbage, recycle and yard waste
containers provided by the collection company shall remain the property of the
collection company. The containers shall not be damaged, destroyed or removed
from the premises by any person. Markings and identification devices on the
containers, except as placed or specifically permitted by the collection company,
are expressly prohibited and shall be regarded as damage to the containers.
H. It shall be unlawful, except as authorized by the owner, collection company '
or the city, to deposit any solid waste or other material in any private garbage,
recycle or yard waste container or garbage unit or to remove the covers
therefrom, The eeveFs shall be seeHFely plaeed en eaeh eantalneF at all times, '
I. Yard waste collected by collection companies shall be deposited in
containers provided or approved by collection companies or by the director, and
disposed of as provided for in this chapter or authorized by the director. Nothing
in this chapter shall prohibit persons from composting yard waste on property
owned or leased by such persons. Compost facilities shall be operated and
maintained consistent with other applicable laws and regulations.
SECTION 2. - Severability. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance and
the same shall remain in full force and effect.
4 Amend KCC 7.03.050-
Solid Waste Handling Service
' SECTION 3. — Effective Date. This ordinance shall take effect and be in
' force thirty (30) days from and after its passage as provided by law.
1 SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of July, 2007.
1 APPROVED: day of July, 2007.
PUBLISHED: day of July, 2007.
tI hereby certify that this Is a true copy of Ordinance No. passed by
the city council of the city of Kent, Washington, and approved by the mayor of the
icity of Kent as hereon Indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
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Kent City Council Meeting
Date August 7, 2007
Category Other Business
1. SUBJECT: PUBLIC FACILITIES DISTRICT FORMATION —ORDINANCE
2. SUMMARY STATEMENT: Approval of an Ordinance which creates the Public
Facilities District("PFD"), as authorized by the State Legislature in its 2007 legislative
session, to establish and construct the Kent Special Events Center("Center"). As
discussed at the special council meeting held last July 26, 2007, this Ordinance and it's
attached mterlocal agreement constitute the initial organizational steps to create a PFD
for the Center, to authorize the PFD's reallocation provisions to divert one-third of one
percent of state-recovered sales tax to the PFD, to issue bonds to construct the Center,
and to construct and operate the Center, so long as the PFD continues to exist Passage
of this ordinance and creation of the PFD will not increase retail sales tax in the City.
The ordinance also authorizes the Mayor to execute an mterlocal agreement with the
PFD (Exhibit A to the ordinance) to carry out the PFD's various duties and purposes
3. EXHIBITS: Ordinance
' 4. RECOMMENDED BY: Administration
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
' Councilmember 6XID moves, Councilmember seconds
to adopt Ordinance No. 39!a which creates the Public Facilities District, as
authorized by the State Legislature in its 2007 legislative session, to establish and
construct the Kent Special Events Center and authorizes the Mayor to sign the
iterlocal agreement with the PFD.
DISCUSSION: l�
ACTION•
Council Agenda
Item No 7A
' ORDINANCE NO.
' AN ORDINANCE of the City of Kent,
Washington, providing for the creation, powers and
governance of a public facilities district to provide for
the design, construction, ownership, operation, and/or
financing of a regional center, comprised of a multi-
purpose arena for hockey and other public uses.
' RECITALS
A. Chapter 35.57 RCW (the "City PFD Act") authorizes the City of Kent
' ("the City") to create a public facilities district coextensive with the boundaries of
the City for the purposes, among others, of constructing, owning, operating and/or
financing regional centers.
' B. A regional center is defined in RCW 35.57.020 as a convention,
conference, or special events center (consisting of facilities available to the public
' and used for community events, sporting events, trade shows, and artistic,
musical, theatrical, or other cultural exhibitions, presentations or performances) or
any combination of such facilities, and related parking facilities, serving a regional
population, constructed, improved or rehabilitated at a cost equal to or greater
' than $10,000,000, including debt service.
C. The City Council of the City of Kent has determined that it is in the
best interest of the City and its citizens to provide for the design, construction,
ownership, operation and/or financing of a regional center, for the sole purpose of
' pursuing the design, construction, ownership, operation, and/or financing of
specifically, a special events center that includes a multi-purpose arena for hockey
' and other public uses, together with related parking facilities ("Special Events
Center"), individually or in cooperation with other governmental and/or private
' entities as allowed by law, located within the City to provide needed public
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' PUBLIC FACLITIES
DISTRICT FORMATION
facilities to serve a regional population and to serve local and regional business,
community, family entertainment, youth, performance sport, recreation and
athletic organizations, to promote economic development and to further the
revitalization of business, financial and commercial interests within the City.
D. As authorized by the City PFD Act and RCW 82.14 390, and subject
to certain restrictions, a public facilities district created by a City located in a '
county with a population greater than one million may create a public facilities
district, when the city has a total population of less than 115,000 but greater than '
80,000 and commences construction of a regional center prior to July 1, 2008, and
such a public facilities district may impose solely for regional center purposes, a '
0.033 percent sales and use tax that is deducted from the amount of the sales and
use tax otherwise required to be collected and paid over to the Washington State
Department of Revenue under Chapter 82.08 and 82.12 RCW.
E. According to the Washington State Office of Financial Management's
population figures as of April 1, 2005, the population of the City of Kent is 84,920.
F. The City Council has determined that it is in the best interest of the
City and its citizens to create a public facilities district to assist the City in the '
financing of a viable Special Events Center project and for the public facilities
district board of directors to serve in an advisory capacity to the operations of a
viable Special Events Center project located within the City of Kent, with the
construction, ownership and operation of that Special Events Center to be carried '
out by the City of Kent on behalf of the City and the public facilities district.
THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE ,
SECTION 1. — Creation and Purpose. Pursuant to Chapter 35.57 RCW (the '
"City PFD Act"), there is hereby created a public facilities district which shall be '
called the City of Kent Special Events Center Public Facilities District (the
"District") coextensive with the boundaries of the City, as those boundaries are '
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PUBLIC FACLITIES
DISTRICT FORMATION ,
changed from time to time, with the powers and authority set forth by law and
' below. The District is established for the sole purpose of pursuing the design,
construction, ownership, operation and/or financing of a regional center comprised
of a Special Events Center, individually or in cooperation with any other
governmental and/or private entities as allowed by law.
As provided by RCW 35 57.010(4), the District is a municipal corporation,
' an independent taxing "authority" within the meaning of Article VII, section 1 of
the state Constitution and a "taxing district" within the meaning of Article VII,
' section 2 of the state Constitution.
' SECTION 2. — Board of Directors. The Board of Directors (the "Board")
shall consist of five directors ("Directors"). The Directors of the Board shall be
selected and appointed by the City Council consistent with RCW 35.57.010(3)(a).
Of the initial Directors, for the purpose of determining the length of terms of the
initial members of the Board, the City Council shall designate by resolution which
initial member will be appointed for a one-year term, which will be appointed for a
two-year term, which will be appointed for a three-year term, and which have
fbeen appointed for four-year terms. Thereafter, all Directors shall be appointed to
four-year terms of office.
SECTION 3. — Organizational Meeting. The District shall be deemed
established as of the date of the appointment of the initial Directors of the Board.
Within ten (10) days of such date the Mayor or her designee shall hold an
' organizational meeting of the District's initial Board, giving at least three (3) days'
advance notice to each of the Directors, unless waived in writing. At such
meeting, the Board shall organize itself, may appoint officers, and shall select the
District's place of business However failure to hold an organizational meeting
' within the 10-day period set forth above shall not render a subsequent
organizational meeting invalid.
The Mayor, the Finance Director of the City and their designees are
' authorized and directed to take any and all additional actions as may be necessary
or desirable to accomplish the organization of the District.
SECTION 4. — Organization. The District shall adopt and maintain rules of
' procedure and governance of its activities through bylaws duly adopted by the
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PUBLIC FACLITIES
DISTRICT FORMATION
District Board. The power to alter, amend, or repeal the bylaws and adopt new '
bylaws shall be vested in the District Board, except the bylaws shall be consistent '
with this ordinance and the Interlocal Agreement entered into with the City.
SECTION 5. — Powers, Duties, and Limitations. For the purpose of
providing for the design, construction, ownership, operation and/or financing of a
Special Events Center, the District shall have the powers, duties, and limitations '
specified by the City PFD Act, RCW 82.14.390 and other applicable law, that are
consistent with this ordinance and any Interlocal agreement it enters into with the
City. The Finance Director of the City shall serve as Treasurer of the District,
pursuant to the Interlocal agreement substantially in the form attached as Exhibit '
A and incorporated herein by reference, as such Interlocal agreement may be
amended from time to time (the "Interlocal Agreement"). It is the intention of the
City that the primary role of the District shall be to assist in the financing of the
Special Events Center and to serve in an advisory capacity in regards to the
operation of the Special Events Center, and that the design, construction,
ownership, and operation of the Special Events Center and any other regional
center projects shall be carried out by the City, on behalf of the City and the '
District, pursuant to the Interlocal Agreement between the City and the District.
To assist in financing the design, acquisition, and construction of the Special ,
Events Center, the District shall also have the authority to issue revenue bonds or
general obligations bonds consistent with RCW 35 57.030, RCW 35.57.090 and '
other applicable provisions of state law, but only in such principal amounts as may
be approved by the City. All such bonds and or liabilities of the District shall be ,
satisfied exclusively from the assets, properties, credit, or services of the District
unless the City expressly agrees to pay for or to guarantee such obligations '
pursuant to a financing and contingent loan agreement with respect to such
obligations. Without prior approval by the City Council, the District shall not
participate in or carry out the design, construction, ownership, operation and/or '
financing of any regional center or other facility other than a Special Events
Center. '
SECTION 6. — Interlocal Agreement. The City desires to facilitate the '
creation and operation of the District. Accordingly, the City Council approves the
City's execution of the Interlocal Agreement. The Mayor is authorized to execute '
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PUBLIC FACLITIES
DISTRICT FORMATION
an agreement substantially in the form of Exhibit A, together with such other
modifications as she deems consistent with the purposes of this ordinance.
SECTION 7. — Severabilitv. If any section, sentence, clause, or phase of
this ordinance should be held invalid or unconstitutional by a court of competent
jurisdiction such invalidity or unconstitutionality shall not affect the validity of the
constitutionality of any other section, sentence, clause, or phrase of this
ordinance.
SECTION S. — Effective Date of ordinance - Ratification of Prior Acts. This
ordinance shall take effect and be in force from and after its passage and five days
following its publication as required by law. Any action taken consistent with the
authority of this ordinance, after its passage but prior to its effective date or the
effective date of the formation of the District, is ratified, approved, and confirmed.
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SUZETTE COOKE, MAYOR
ATTEST:
BRENDA ]ACOBER, CITY CLERK
APPROVED AS TO FORM:
FOSTER PEPPER PLLC
PASSED: day of August, 2007.
APPROVED: day of August, 2007.
PUBLISHED: day of August, 2007.
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PUBLIC FACLITIES
' DISTRICT FORMATION
I hereby certify that this Is a true copy of Ordinance No. passed by
the city council of the city of Kent, Washington, and approved by the mayor of the
city of Kent as hereon indicated.
BRENDA JACOBER, CITY CLERK (SEAL)
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PUBLIC FACLITIES
DISTRICT FORMATION '
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EXHIBIT A
FORM OF INTERLOCAL AGREEMENT
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INTERLOCAL AGREEMENT
FOR DEVELOPMENT OF SPECIAL EVENTS CENTER
This Interlocal Agreement ("Agreement") is entered into by and between the City of
Kent, a city duly organized and existing under and by virtue of the laws of the state of
Washington (the "City") and the Kent Special Events Center Public Facilities District, a
municipal corporation duly organized and existing under and by virtue of the laws of the
state of Washington, established by the City of Kent (the "District").
RECITALS
1. The City Council of the City (the "City Council"), by Ordinance No.
effective , 2007, established the District for City purposes, pursuant to Chapter
35.57 RCW, to assist in the design, construction, ownership, financing and operation of a
regional center defined under RCW 35.57.020 (a "Regional Center"), specifically, as a multi-
purpose arena for hockey and other public uses, together with related parking facilities (a
"Special Events Center"); and
2. The City and the District have determined to proceed with the development of
a the Special Events Center to serve a regional population and to serve local and regional
business, community, family entertainment, youth, performance sport, recreation and
athletic organizations, to promote economic development and to further the revitalization of
business, financial and commercial interests within the City; and
3. The District has imposed or will impose, under the authority of RCW
82.14.390, a Sales and Use Tax at the rate of 0.033 percent of the selling price or value of
any article sold or used within the corporate limits of the District (which limits are
coextensive with the boundaries of the City) to support the development of the Special
Events Center; and
4. Money received by the District under the authority of RCW 82.14.390 must be
used for the acquisition, financing, design, construction, operation and maintenance of a
Regional Center and related parking facilities as defined by RCW 35.57.020 and must be
matched with an amount, from other public or private sources, equal to 33 percent of the
amount collected by the District under RCW 82.14.390; and
5. The City has previously retained consultants and a general
contractor/construction manager to proceed with the design and construction of a Special
Events Center to be located on City-owned property, and the City has also negotiated the
terms of a long-term license agreement with Thunderbird Hockey Enterprises, LLC for the
use of the Special Events Center for Western Hockey League games; and
6. The District desires to participate jointly with the City in the development of
the Special Events Center, specifically, to provide financing for part of the cost of that
facility; and
7. The City and the District have the authority to enter into interlocal
agreements under chapter 39.34 RCW for joint and cooperative action, including provisions
to finance joint or cooperative undertakings, multi-purpose community centers, regional
centers and other facilities and to provide for services to be provided by one government to
another; and
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8. The City and the District have the authority, pursuant to applicable provisions
of state law, including chapters 35.57 RCW and RCW 82 14.390, to Jointly acquire, design,
construct, own, remodel, maintain, equip, re-equip, repair, finance and operate a Regional
Center, including related parking facilities; and these agencies propose to use one or more
interlocal agreements to make effective and efficient use of the powers and authorities
granted to them to construct, own and operate Regional Centers such as the Special Events
Center to serve the City and adjacent regional areas; and
9. The District desires to make ongoing project payments to the City to
contribute to the cost of the joint construction and operation of the Special Events Center,
and alternatively the City may request that the District issue bonds or other obligations,
payable from District taxes, to contribute to the cost of construction of the Special Events
Center,
NOW, THEREFORE, the City and the District enter into this Agreement which outlines
the responsibilities and commitments of each Party in the development of the Special
Events Center:
A. DEFINITIONS
For the purposes of this Agreement, the terms defined in this Section shall have the
following meanings:
Agreement is this Interlocal Agreement entered into among the City and the District
under the authority of chapter 39.34 RCW for the development of the Special Events Center
as a Regional Center.
City is the city of Kent, a municipal corporation of the state of Washington.
District is the Kent Special Events Center Public Facilities District, a municipal
corporation established by the City of Kent by Ordinance No. adopted by the City
Council pursuant to the authority of chapter 35.57 RCW.
Special Events Center is a multi-purpose arena for hockey and other public uses
approved by the City, together with related parking facilities, to be located north of and
adjacent to James Street in Kent between 5ch Ave. South and the Union Pacific Railroad
right-of-way.
Develop or Development includes any one or more of the following: acquisition of,
construction of, ownership of, remodeling, maintaining, equipping, re-equipping, repairing,
financing, and operating the Special Events Center as specified herein and undertaken by
the Parties as agreed to in this Agreement according to the powers conferred upon the
Parties under chapter 35.57 RCW and RCW 82.14.390.
Local Match is the amount of money or in-kind contributions derived from public or
private sources required by RCW 82.14 390(4) to match the amount of Sales and Use Taxes
received and utilized by the District for the development of a Regional Center.
Parties means the City and the District.
Regional Center, as defined in RCW 35.57.020, means a convention, conference, or
special events center, or any combination of facilities, and related parking facilities, serving
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a regional population and constructed at a cost of more than Ten Million Dollars
($10,000,000), including debt service.
Sales and Use Taxes are the taxes imposed, received and applied by the District
pursuant to the authority of RCW 82.14.390 for the development of a Regional Center.
B. DEVELOPMENT OF THE SPECIAL EVENTS CENTER
The Parties intend to Jointly develop the Special Events Center, in accordance with
this Agreement, as a multipurpose regional, tourism-related facility, meeting the definition
of a Regional Center under RCW 35.57.020. The Special Events Center is intended to serve
as a Regional Center serving the City, the District and their respective residents, as well as
serving a broader population in the region and the state, all consistent with chapter 35.57
RCW.
The City, on behalf the Parties, shall commence construction of the Special Events
Center as a Regional Center prior to January 1, 2009. The City shall, on behalf of itself and
the District, be the agency with the primary responsibility for the development of the
Special Events Center as a Regional Center, as defined by RCW 35 57.020, and shall finance
(with District assistance), acquire, design, construct, own, operate and maintain the Special
Events Center, and otherwise administer its development and operation for the benefit of
itself and the District, all subject to the limitations set forth herein.
13.1. Site Acauisition, Development and Ownership.
a. The City has acquired all real property necessary to serve as a site for
the Special Events Center. Title to Special Events Center property shall be in the City, which
shall hold that property and the Special Events Center on behalf of and for the benefit of the
Parties. For purposes of any legal proceedings to which the City and the District may be
parties, this Agreement shall serve as a Joint defense agreement and the Parties and their
attorneys may Jointly share confidential information which shall be nondisclosable to others.
b. The City shall, on behalf of the Parties, acquire the approvals
necessary and shall take such other actions as may be required to enable the site to be
suitable for use as a Special Events Center.
C. The City shall develop the Special Events Center, and shall own and ,
operate the Special Events Center for and on behalf of the Parties. The District's interest in
the Special Events Center shall terminate and revert to the City upon the retirement,
redemption or defeasance of the bonds described in Section C, the final distribution to the
District of Sales and Use Taxes, the termination of the District's obligation to make project
payments to the City, or when mutually agreed between the District and the City, consistent
with applicable law. The District's ownership interests in the Special Events Center also
shall be transferred to the City if the District ceases to exist, provided that any District
obligations with respect to the Special Events Center shall have been retired or fully
provided for, or, if not, that the City shall assume all remaining obligations of the District
related to the Special Events Center.
d. The District's Board of Directors may, upon the City's request, advise
the City on the operation of the Special Events Center. The City may from time to time
request that the Board provide such advice on specific topics of concern.
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B.2. Administration of This Agreement: Responsibilities of the Parties.
f a. No separate legal entity will be established to conduct the joint and
cooperative undertaking of the Parties Pursuant to RCW 39.34.030(4)(a), the City, and
specifically the Mayor of the City, shall serve as the administrator responsible for
administering the joint and cooperative undertaking.
b. The City shall provide a meeting place for the District's board of
f directors and shall provide staff support for District meetings. The City shall advance costs
to the District to provide for professional services, insurance, supplies, staff support, record-
keeping, treasury, financial and other materials and services reasonably requested from the
City by the District. Upon the City's request, the District shall reimburse the City for City
expenses advanced by the City for professional services, insurance, supplies, staff support,
record-keeping, treasury, financial and other materials and services requested from the City
by the District, except to the extent the City determines that any such services are to
constitute a portion of the matching funds required under RCW 82.14.390.
C. The Finance Director of the City shall serve as Treasurer of the District.
The Finance Director, on the District's behalf, shall prepare, maintain, and provide financial
reports to the City and to the District's board of directors, at such times and in such form as
the Mayor and the District's board may require.
d. Subject to applicable law, the District shall not act to dissolve itself or
otherwise eliminate its obligations pursuant to this agreement before the retirement,
redemption or defeasance of the bonds described in Section C, the final distribution to the
District of Sales and Use Taxes, and the termination of the District's obligation to make
project payments to the City.
C. FINANCING OF THE SPECIAL EVENTS CENTER
C.I. General Obligations and Revenue Obligations.
a. The total cost of design and construction of the Special Events Center
is currently estimated to be approximately Seventy-eight Million Six Hundred Thousand and
00/100 Dollars ($78,600,000.00). At the City's option a portion of the cost of design and
construction of the Special Events Center may be financed by either general obligation
bonds and/or revenue bonds of the City. The City may issue general obligation bonds
secured by the full faith and credit of the City, and may issue either general obligation
bonds or revenue bonds payable in whole or in part from intergovernmental project
payments from the District to the City from the proceeds of the Sales and Use Taxes Upon
written request of the City, if the City executes a financing and contingent loan agreement
with the District to support the District's obligations, the District shall issue either general
obligation bonds and/or revenue bonds in amounts sufficient to provide for all or part of the
cost of the design and construction of the Special Events Center Long-term obligations may
be issued up to the maximum term allowed by law. The obligations issued by the City for
the development of the Special Events Center may be in one or more series and may be
tax-backed general obligations, revenue obligations or a combination thereof. District
general obligation bonds shall pledge the Sales and Use Taxes and the full faith and credit of
the District. The type and amount of bonds or other obligations issued by the City and/or
the District shall be determined by the City, in consultation with the District's Board of
Directors.
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b. The District shall impose the Sales and Use Taxes authorized by
RCW 82.14 390 to finance part of the cost of the joint acquisition, design, construction,
operation and maintenance of the Special Events Center. If requested by the City, the
District shall promptly (and in no event at least monthly) remit the proceeds of those taxes,
as intergovernmental project payments, to the City for the purposes set forth in this
Agreement.
C. If determined to be advantageous to the financing of the Special
Events Center, the City may at its option execute a contingent loan agreement with the
District, under which the City will agree to make loans to the District in the event that
insufficient Sales and Use Taxes are available to provide for debt service on District general
obligation bonds.
C.2. Local Match.
The City will provide for the contribution of 33 percent Local Match, as
required by RCW 82.14.390(4), with respect to the Sales and Use Taxes levied and received
by the District and contributed to the City pursuant to this Agreement. It is anticipated
that such match will be provided by City general funds and City revenues from the
ownership and operation of the Special Events Center.
C.3. Pledge of Revenue in Support of Bonds.
The Parties acknowledge and agree that the City or District, as appropriate,
may pledge this Agreement, as well as all Sales and Use Tax received from the District, to
the payment of bonds, short-term notes or other obligations issued to finance the Special
Events Center. Such pledges will be material to the offer and sale of the bonds, and will be
disclosed to potential purchasers and purchasers of bonds issued by the City or the District,
respectively. The Parties consider this Agreement to be a binding contract and acknowledge
that lenders to the City, including bondowners, holders of short-term notes and financial
institutions providing credit support for such bonds or other obligations, will rely on the
terms of this Agreement, including the pledge by the District to make the monthly payments
described in Section C.1.b, in deciding to make loans to the City or in purchasing bonds or
short-term notes for the funding of the development of the Special Events Center, or in
providing credit support for such bonds, notes or other obligations The Parties acknowledge
that lenders to the District, including bondowners, holders of short-term notes and financial
institutions providing credit support for such bonds or other obligations, will rely on the
terms of this Agreement, including the pledge by the City to make loans to the District
under any contingent loan agreement under Section C.1.c, in deciding to make loans to the
District or in purchasing bonds or short-term notes for the funding of the development of
the Special Events Center, or in providing credit support for such bonds, notes or other
obligations. Each of the Parties acknowledges that its commitment under this agreement
constitutes a valid and binding enforceable, contractual commitment by that Party.
Obligations issued by each Party, and disclosure documents related thereto,
shall contain a statement to the effect that those obligations shall be payable solely from
sources expressly pledged. However, each Party acknowledges that with respect to
obligations issued by the other Party, it may be treated as on "obligated person" for the
purposes of Securities and Exchange Commission Rule 15c2-12(b)(5), and each Party
agrees to make an appropriate written undertaking for the benefit of owners of bonds,
consistent with the requirements of that SEC rule.
C.4. Limitation on Additional Proiects.
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Without the City's written concurrence, the District shall not impose any taxes
or engage in the development, financing, ownership or operation of any Regional Center or
other facility other than the Special Events Center Further, upon the City's reasonable
request, the District shall impose such taxes or fees to support the Special Events Center as
the District may be authorized to impose under applicable law. The District also agrees that
it will not amend Article V ("Purpose") of its bylaws without approval by the City Council.
D. INDEMNIFICATION
To the extent permitted by law, the City shall indemnify, defend and hold harmless
the District, its officers and agents from all claims, losses, suits, actions, legal or
administrative proceedings, costs, attorneys' fees, litigation costs, expenses, damages,
penalties, fines, judgments or decrees by reason of any death, injury or disability to or of
any person or party, including employees, and/or damage to any property or business,
including loss of use (collectively "damages") caused by any negligent act, error or omission
of the City or its officials, officers, employees, agents, contractors or subcontractors (the
"City's Functionarres"), when acting within such designated capacity, arising out of the
development, financing, acquisition, design, construction, ownership, operation, or
maintenance of the Special Events Center.
The City's obligation shall include, but not be limited to, defending all claims alleging
damages from any negligent action, error or omission or breach of any common law,
statutory or other delegated duty by the City and the City's Functionaries. The District will
provide information to the City, and the City will provide information to the District,
regarding all claims.
To the extent permitted by law, the District shall indemnify the City, its officers and
agents from all claims, losses, suits, actions, legal or administrative proceedings, costs,
attorneys' fees, litigation costs, expenses, damages, penalties, fines, judgments or decrees
by reason of any death, injury or disability to or of any person or party, including
employees, and/or damage to any property or business, including loss of use (collectively
"damages") caused by any negligent act, error or omission of the District its officials,
officers, employees, agents, contractors or subcontractors other than the City (the
"District's Functionaries"), when acting within such designated capacity, arising out of the
development, financing, acquisition, design, construction, ownership, operation, or
maintenance of the Special Events Center.
The City agrees to acquire and maintain insurance in form and amounts as it
determines is consistent with the coverage of comparable Special Events Center facilities
and undertakings related to said facilities as contemplated under this Agreement and to
name the District as an additional named insured. Such insurance may, without limitation,
include self-insurance and/or pool insurance If a license agreement or other agreement
with a user of the Special Events Center provides that the licensee must obtain specified
insurance and name the City as an additional insured, the City will use reasonable efforts to
have the District also named as an additional insured.
iE. SUPPLEMENTAL DOCUMENTS
The Parties agree to complete and execute all supplemental documents necessary or
appropriate to fully implement the terms of this Agreement.
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F. DURATION OF AGREEMENT
This Agreement shall continue in full force and effect until the later of: the
retirement, redemption or defeasance of the bonds described in Section C, the final
distribution to the District of Sales and Use Taxes, or the termination of the District's
obligation to make project payments to the City.
G. GOVERNING LAW; VENUE
This Agreement is governed by, and shall be construed in accordance with, the laws
of the State of Washington. Except as otherwise required by applicable law, any legal
action under this Agreement shall be brought in the Superior Court of the State of
Washington in and for King County.
H. SEVERABILITY
In the event any provision of this Agreement shall be held invalid or unenforceable
by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
I. AMENDMENTS
This Agreement may not be effectively amended, changed, modified, altered, or
terminated except by an instrument in writing duly executed by the City and the District (or
their successors).
J. NO RIGHTS CREATED IN THIRD PARTIES
The terms of this Agreement are not intended to establish nor to create any rights in
any persons or entities other than the City and the District and the respective successors
and assigns of each.
K. EFFECTIVE DATE
This Agreement is dated and is effective as of the later date of execution by each of
the two parties, as indicated below.
IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly
authorized officers and representatives as of the day indicated below.
CITY OF KENT KENT SPECIAL EVENTS CENTER
PUBLIC FACILITIES DISTRICT
Suzette Cooke, Mayor , Chair
Date: Date:
P\Civil\Ordinance\EventsCenter-PFD-Formation-InterlocalAgree doc
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Kent City Council Meeting
Date August 7, 2007
Category Bids
j 1. SUBJECT: SOUTH 277TH STREET CORRIDOR - GREEN RIVER ROAD
DETENTION POND
2. SUMMARY STATEMENT: The bid opening for this project was held on July 31,
2007, with three bids received The low bid was submitted by Rodarte Construction in
the amount of$187,647.77. The Engineer's estimate was $143,821.28.
164
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1 3. EXHIBITS: Public Works memorandum
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
iCouncilmember moves, Councilmember4at,"11cr" seconds
to award the contract on the S 277th Street Detention Pond to Rodarte Construction, in
the amount of$187,647 77 and authorize the Mayor to sign the agreement.
DISCUSSION: YW
ACTION:
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Council Agenda
Item No. 8A
PUBLIC WORKS DEPARTMENT
Larry R Blanchard Public Works Director
Address 220 Fourth Avenue S
K E N T Kent, WA 98032-5895
Phone 253-856-5500
1 W A S H I N G T O N
Fax 253-856-6500
DATE: July 31, 2007
TO: Mayor Cooke and Kent City Council
FROM: Larry Blanchard, Public Works Director
RE: South 277t" Street Corridor -Green River Road Detention Pond Modifications
Bid opening for this project was held on July 31, 2007 with three bids received. The low bid
was submitted by Rodarte Construction, Inc., in the amount of $187,647.77 The
Engineer's estimate was $143,821.82. The Public Works Director recommends awarding
this contract to Rodarte Construction, Inc.
Bid Summary
Rodarte Construction, Inc. $187,647.77
Gary Merlino Construction $297,784.33
McCann Construction $405,599.14
Engineer's Estimate $ 143,821.28
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REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. MAYOR
C. OPERATIONS COMMITTEE
D. PARKS AND HUMAN SERVICES COMMITTEE
E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
F. PUBLIC SAFETY COMMITTEE
G. PUBLIC WORKS
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H. ADMINISTRATION
REPORTS FROM SPECIAL COMMITTEES
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Page 1 of 25
City of Kent
Parks and Human Services Committee
V ICtNT Meeting Minutes for tune 21, 2007
Call to Order: Elizabeth Albertson called the meeting to order at 5:03 p.m.
I Changes to Agenda: Item #2, King County Mental Health/Substance Abuse Sales Tax
Proposal changed from Action to Informational
Council Present: Elizabeth Albertson attending for Debbie Ranniger, Debbie Raplee,
Bob O'Brien
Item #1: Minutes of May 17, 2007 - Approve
Motion: Debbie Raplee moved to approve the minutes of May 17, 2007. Bob O'Brien
seconded and the motion carried 3-0.
Item #2: County Mental Health/Substance Abuse Sales Tax Proposal -
' Informational
Jeff Watling stated that this proposal was presented to the King County Alliance on May
17, reiterating that no action is required on this item. Jeff also introduced Mike HeInisch,
Executive Director of Youth and Family Services, Co-Chair of King County Alliance of
Human Services and Chair of the South King County Council of Human Services in
attendance to answer any questions.
Katherin Johnson added that this plan isn't even a proposal yet; it's actually a concept.
She explained that RCW 82.14.460 allows counties to impose a 0.1 percent sales tax
increase to augment state funding for mental health and substance abuse related
services and it does not have to go to public vote. The sales tax increase, at an average
cost of$25 dollars per household per year, would raise an estimated $47 million in the
County. The funding would significantly reduce the regional funding gap for essential
programs and services for county residents, including services for the homeless, mental
health and substance abuse diversion, while covering transition services for high risk
youth and adults in the criminal justice system, plus other counseling and supportive
services.
Katherin shared that no action has been taken by the King County Alliance of Human
Services, or the King County Council of Human Services. Mayor Cooke is aware of the
proposal and is interested in the impacts to the city and region. As a member of the
Suburban Cities Association and the Regional Law of Justice Committee, the Mayor will
receive further information at upcoming meetings. Police Captain Ruefener has been
invited to attend meetings to gather information as well. If a decision is made by the
County, Mayor Cooke plans to invite a representative from the Council to report to Kent
City Council.
Parks and Community Services Committee Page 2 of 25
Meeting Minutes of June 21, 2007
Page 2
Debbie Raplee asked for specifics of the proposal such as what exact programs are
funded, if the plan speaks to increased staffing needs, budget comparisons from year to
year, and what the numbers of people served, plus success rates are. Mike shared that
details can be found in the Community Crises Alternative Action Plan Phase III Report,
issued in June 2007, located on the King County web site. This report will also be
presented at the Council of the Whole meeting on Monday, June 25, at the City of
Shoreline Conference Center. The report outlines 12 strategies of programs and
subsequent funding. Mike added that the County also provides a "report Card" on their
web site with statistics that should address any questions the Council may have.
Debbie Raplee asked of an inpatient drug treatment facility in South King County for
parolees with substance abuse issues. Mike responded that the closest facilities are
Milam's in Burien, Harborview and Lakeside in Bothel.
Bob O'Brien questioned the reference to "people of color" in the study. Katherin
responded that the survey shows the term used is based on statistics of homelessness,
levels of poverty, and substance abuse. Mr. O'Brien suggested changing the text.
Bob O'Brien referenced five other counties that have implemented a sales tax increase
pilot program: Spokane, Jefferson, Skagit, Clallam and Clark.
Mr. O'Brien also voiced his concern with community-based care as outlined in the survey
and felt doctors were moving away from a drug-free treatment. Mike responded that
Kent's youth program does not include drug replacement and has a 76% success rate.
Elizabeth Albertson thanked Mike for representing South King County and Kent and
anticipates Council taking a stand on this proposal in the future.
Item #3: Revised 2007 Cit Art Plan and 2007 - 2011 Five Year City Art Plan -
Approved
The attached City Art Plan shows revisions to the 2007 City Art Plan and Five Year Plan
that was approved by Council on February 6, 2007. The purpose of these revisions is to
accommodate the Arts Commissions decision to move forward with the public art for the
Town Square Park streetscape. While this public art is associated with Town Square
Plaza, it's primary purpose is to connect Kent Station and historic downtown.
Bob O'Brien asked for clarification of the additional funding for the Town Square Plaza.
Jeff and Cheryl explained that part of the art project was originally budgeted in the
Town Square Plaza project, but as construction bids came in higher than the CIP
budget, funds had to be deferred from CIP and the Art Plan. The Arts Commission
approved the revisions by postponing some of the 2007 projects.
Motion: Bob O'Brien moved to recommend approving revisions to the 2007 City Art
Plan and Five Year Plan. Debbie Raplee seconded and the motion carried 3-0.
IParks and Community Services Committee Page 3 of 25
Meeting Minutes of June 21, 2007
Page 3
Item #4: Town Square Park Artist Agreement - Authorize
The Artist Elizabeth Conner was chosen by a jury to complete the art proposal for
$160,000.00. The jury's recommendation was approved by the Arts Commission on April
24. This art project is designed around the goal of connecting Kent Station and historic
downtown Kent Station is well-lit; historic downtown is darker. A series of illuminated
I sculptures placed in trees along the streetscape adjacent to Town Square Park will help
connect and activate historic downtown. This art project is based upon pods from the
sweet gum trees which have historically been planted in downtown Kent.
Bob O'Brien questioned the height of light placement in the trees and the possibility of
vandalism if placed too low. Cheryl responded that the artist plans to place the lights 2.5
I feet from the ground, but they are examining the potential for vandalism, how to
maintain low replacement costs, and ways to keep the art from becoming trash
receptacles.
IMotion: Debbie Raplee moved to recommend authorizing the Mayor to sign an
agreement with Conner Studios, LLC in the amount of$160,000.00 for the Town Square
I Park Art Proposal, subject to final terms and conditions acceptable to the Parks Director
and City Attorney. Bob O'Brien seconded and the motion carried 3-0.
1 Item #5 Turnkey Park Master Plan - Approve
Lori Flemm reported that in 2002, the City of Kent purchased the Vivienne Geroy
property, a 5.5 acre lot in an older and established lot, adjacent to Turnkey Park,
located on the East Hill of Kent at 23312 100th Avenue SE.
This additional purchase added an acre of land for new park amenities, including 200
feet of street frontage. Amenities proposed include: parking, picnic shelter, improved
and new gravel trails, 'A mile loop trail, entrance beautification and a new ADA paved
I trail. The total cost is $178,000.00 and will be paid out of estimated Fee-in-Lieu funds in
2008
I Three public meetings were held on January 24, March 4, and May 23, 2007, to allow
citizens the opportunity to provide input on amenities they preferred in the park. A
National Trails Day event was held here on June 2, 2007.
Debbie Raplee questioned the small seven-stall parking area. Lori responded that
routinely parking is not provided at parks of this size, but because of the busy access
road to the park, staff decided to provide a small parking area.
Motion: Bob O'Brien moved to recommend Council approve the master plan for
ITurnkey Neighborhood Park. Debbie Raplee seconded and the motion carried 3-0.
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Parks and Community Services Committee Page 4 of 25
Meeting Minutes of June 21, 2007
Page 4
Item #6: Kent Downtown Partnership Donation for Hanging Basket Program
- Accept
In June 2007, the Kent Downtown Partnership donated $700.00 toward the cost of
purchasing hanging flower baskets for the 2007 season. This donation funds the basket ,
program, which includes baskets and plants provided by the city's nursery crew. The
maintenance staff will continue to hang baskets in the downtown core, but the merchant
baskets will be discontinued after 2007.
Motion: Debbie Raplee moved to recommend accepting the $700.00 donation from the
Kent Downtown Partnership and authorizing the expenditure of funds in the Greenhouse
budget. Bob O'Brien seconded and the motion carried 3-0.
Item #7: Kherson Park No-Build Easement Request - Informational
The building located at 109 Second Avenue next to Kherson Park in downtown Kent
sustained substantial fire damage in December 2006, and is currently in the process of
renovation. The owner Sandy Newby attended the meeting to request a fifteen and one-
tenth (15.1) foot wide no-build easement on the south side of her building. The
easement is necessary to construct a residential dwelling unit on the second floor of the
existing building and provide emergency egress windows which face Kherson Park. Ms.
Newby asked that the Committee make a decision at the meeting so that she can meet
her deadline to submit required documents to the city.
Lori explained that if the city were to grant a no-build easement, it would restrict the
use of the city property. The value of the easement would be sold at 75% of the
appraised value of the property. The easement would be sold for approximately
$12,750 — $14,250, plus all costs borne by the grantee, including recording fees,
appraisal, and all incidental costs. This site was the home of the previous Kent City Hall.
The City is currently identifying space needs in anticipation of annexation and expansion
needs of the City Hall campus and is reluctant to encumber this site until plans have
been developed and the need to build on this site not warranted.
Jeff and the Council voiced their support of new development in downtown, but felt
more information is needed, and more time is necessary before making a decision that
would eliminate the city's option to ever develop that piece of property.
Motion: Bob O'Brien moved to deny the request for a no-build easement within
Kherson Park property. Debbie Raplee seconded and the motion carried 3-0.
Item #8: West Fenwick Urban Forestry Program - Informational
Lori Flemm, Superintendent of Parks and Open Space shared information and highlights
of the West Fenwick Park Urban Forestry Program. After the wind storm in 2006, the
park sustained considerable damage. All the dangerous trees were removed at that
Parks and Community Services Committee Page 5 of 25
Meeting Minutes of June 21, 2007
I Page 5
time. In April, Consulting Urban Forester Kevin McFarland, conducted a Forestry
Evaluation in Management Section 1 and he recommended that fifty-six (56) trees be
removed or monitored. Publication of this program will be shared through public
meetings, the city's web site, the newspaper articles and park signage.
Staff will evaluate the wood and determine if it can be sold to a furniture maker or
chopped up and made available for residents to take home as firewood, as part of the
Municipal Firewood Program. Seedlings raised by local kids involved in the city's Tree
Education Program will be planted in the park this fall.
Item #9: Lake Meridian Park Project Update - Informational
I Lori Flemm, Superintendent of Parks and Open Space provided an update on the Lake
Meridian Park Project that will be under construction this summer. Public Works
Department and the Parks Department have coordinated timelines to complete two
I projects at the boat launch simultaneously. The summer months are the opportune time
because lake levels are low, thus minimizing boat launch closures. Parks awarded the
project to Quigg Brothers. Park's improvements include widening the ramp, replacing
I planks and creating a float for boat boarding. The Public Works project includes
widening the channel, replacing the culvert, and steam and plant restoration. Parallel
parking will remain along 152nd Way. The city is asking boaters to park first on 152nd
I so boats can be launched easily. Staff received a grant to fund 90% of the boat launch
construction project. Lori confirmed that a permit is required for this project and that the
speed limit is 30 m.p.h.
Proiect timeline:
June 19: Boat Launch Bid to be awarded by City Council.
I July 16 - August 21: Intermittent closure of launch ramp and parking.
August 20 - October 31: Boat launch closed, but WDFW launch will remain open.
November 30: Construction complete.
Item #10. Americans for the Arts Award for "Big Corn" - Informational
I Cheryl dos Remedios announced that the art project, "Big Corn"was included in the
prestigious"Public Art- Year in Review" presentation at the Americans for the Arts 2007
Annual Convention in June. The Kent Arts Commission congratulates artist Peter
Reiquam for creating one of the most successful, innovative and exciting public art
projects in the United States Peter Reiquam's project is one of 40 public art projects
selected for this honor from approximately 300 applicants nationwide. The artwork is
located at the Willis Street gateway, immediately adjacent to SR 167 in Kent. It was
installed in April of this year.
Cheryl distributed collector cards displaying the commemoration to "Big Corn." Cheryl
thanked Parks Planning and Development and Public Works for their help in getting this
award.
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Parks and Community Services Committee Page 6 of 25
Meeting Minutes of June 21, 2007
Page 6
Item #11. Monthly What's Happening in Parks - Informational
Jeff Watling announced upcoming events:
• Lifeguards at Lake Meridian start Saturday, June 23, at Lake Meridian from 11:00
to 7:00 p.m. each day.
• Summer camps start next week; Tuesdays, Wednesdays and Thursdays through
August 16.
• 9th Annual Fourth of July Splash is Tuesday, at Lake Meridian. Fun and activities
for the family. The Rainier Symphony will be playing at 9:00 p.m.
• Great line up of performers for the Summer Concert Series which begins
Tuesday, July 10. Concerts are Tuesdays 12:00 p.m. at Kent Station,
Wednesdays 12:00 p.m. at Mill Creek Park and West Fenwick and Thursdays
7:00 p.m. at Lake Meridian.
The meeting adjourned at 6:20 p.m.
Respectfully sub 'tied,
Ten Petrole
Recorder - Parks and Human Services Committee
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' PUBLIC WORKS COMMITTEE MINUTES 1
June 18, 2007
ITEM 1
COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee was not present due to
illness Committee member Tim Clark acted as chair on behalf of Raplee. Committee Member Ron
Harmon was present. The meeting was called to order at 5:05 p.m.
Tim Clark wanted it noted that he had Debbie Raplee's concurrence on all items.
IITEM 1- Approval of Minutes Dated May 21, 2007
Committee Member Harmon moved to approve the minutes of May 21, 2007. The motion
1 was seconded by Clark and passed 3-0, with Council member Raplee's concurrence.
ITEM 2-Amendment request of the Kinq County Interagency Agreement Events Center -
Floodplain Mitigation:
Beth Tan, Environmental Engineer III presented a PowerPoint presentation on the background of
the Event Center Floodplain Mitigation and the existing interagency agreement allowing the King
County Road Services Division to perform maintenance and other services for Kent. King County
Road Services Division has available staff to complete work that the City of Kent would have to
advertise for bids and enter into a contract with a private contractor; however, instead this work
can be contracted to another government agency.
The Events Center Floodplain Mitigation project will provide floodplain creation for mitigation of the
grading and filling proposed at the Events Center. If the City finds that a contractor can provide
the service at a lower cost we will not go with King County.
Harmon moved to recommend authorizing the supplement to the King County
Interagency Agreement approved on March 15, 2005 to include the Events Center
1 Floodplain Mitigation, supplement shall be subject to an amount not to exceed $994,165
or the Mayor may award the contract to the lowest bid, in the event that the bid is lower
than $994,165, upon concurrence of the language therein by the City Attorney and Public
Works Director. The motion was seconded by Clark and passed 3-0 with council member
Raplee's concurrence.
ITEM 3 - Drainage Master Plan Consultant Selection Contract:
Beth Tan, Environmental Engineer III explained that the Drainage Master Plan is a comprehensive
review of all watersheds within the City limits and includes the potential annexation area of Panther
Lake. The plan includes hydrologic and hydraulic analysis of all streams and major storm water
conveyance pipes, determination of areas of replacement and/or improvement, alternative, options
and projected costs of projects.
The consultant contract agreement for Anchor Environmental LLC, in the amount of $400,002 is for
the analysis and reporting of Phase 1 of the Drainage Master Plan for the City of Kent, Phase 2
services are estimated to be $486,993.
Harmon moved to recommend authorization for the Mayor to sign the Anchor
Environmental, LLC Contract Agreement for the Drainage Master Plan for $886,995 upon
concurrence of the language therein by the City Attorney and the Public Works Director.
The motion was seconded by Clark and passed 3-0 with council member Raplee's
concurrence.
Page 1 of 3
U\PWCommittee\Minutes\PWMinutes 06 18 07 doc
PUBLIC WORKS COMMITTEE MINUTES
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June 18, 2007
ITEM 4— Architectural Contract/Kent Russell Road Operations Center (KRROC):
Larry Blanchard, Public Works Director, explained that the Kent Russell Road Operations Center
(KRROC) has been planned for a number of years The City solicited Statements of Qualifications
for pre-design, design, bidding and construction administrative services The selection committee
unanimously selected Wagner Architects. The agreed upon scope of work identified in the contract
will be completed from the signing of the contract to the estimated opening of the KRROC in 2010.
The estimated cost of the KRROC for the construction of the building is estimated at $9,500,000.
Design Services for this facility from the architect is $1,503,308.
Harmon moved to recommend authorize the Mayor to sign a contract for architectural
services with Wagner Architects Planners for Design of the Kent Russell Road Operations
Center for a total not to exceed contract amount of $1,503,308, upon concurrence of the
language therein by the City Attorney and the Public Works Director. The motion was
seconded by Clark and passed 3-0, with council member Raplee's concurrence.
ITEMS —Goods and Services Agreement with National Barricade/Variable Message Signs:
Peter Tenerelli, Interim Construction Engineering Manager gave a brief history for the two trailer
mounted variable message signs have been purchased and are in service on 116th Avenue, SE,
between SE 256th and Kent Kangley Road The purchase was made in an Emergency (rentals not
available) to notify Kent Customers the requisite number of days in advance of the 116th Road
Closure (June 4, to October 15) and prevented delaying the contractor from beginning work on the
project. Rental for these types of signs can run up to $200 per day.
Harmon recommend authorization for the Mayor to sign the Goods and Services
agreement with National Barricade in the amount not to exceed $39,749, upon
concurrence of the language therein by the City Attorney and Public Works Director. The
motion was seconded by Clark and passed 3-0, with council member Raplee's
concurrence.
Item 6 — Agreement/Commute Trio Reduction (CTR) Grant:
Senior Transportation Planner, Cathy Mooney gave a brief overview of the Commute Trip Reduction
Implementation Grant Agreement. She explained that the current Agreement #GCA5394 returns
us to our previous base funding amount of $62,500.
Harmon recommended authorizing the Mayor to sign the Commute Trip Reduction
Implementation Grant Agreement, WSDOT Agreement #GCA5394, upon concurrence of
the language therein by the City Attorney. The motion was seconded by Clark and passed
3-0, with council member Raplee's concurrence.
Item 7 — Information Only/DRAFT Commute Trip Reduction (CTR) Plan Update:
Commute Trip Reduction Coordinator, Monica Whitman gave a brief summary on the Commute Trip
Reduction Plan, she went on to explain that the City is required to submit its Draft CTR Plan to the
Puget Sound Regional Council by July 2, 2007. After reviewing the City's Draft CTR Plan, the PSRC
will send the draft plans to the CTR Board in October 2007. The CTR Board will return the Draft
Plan with any comments and/or suggestions from either PSRC or the state and ask the City to
make any final adjustments by January 2008. In January 2008, the City will be required to
prepare a new CTR Ordinance for the CTR Plan and implementation activities will begin.
Information Only No Motion Required
Page 2 of 3
U\PWCommittee\Minutes\PWMlnutes 06 18 07 doc
PUBLIC WORKS COMMITTEE MINUTES 3
■ June 18, 2007
Item 8 — Information Only/Installation of Rumble Strips:
Bill Thomas, Street Superintendent showed photos of the rumble strips that were installed to deter
street racing on 59`h Place South north of South 212th Street, and that weather permitting, the
street department will install them on 72nd Avenue South north of South 212`h Street, later this
week The Public Works and Police department worked in cooperation on this project All
businesses in the area were notified prior to installation.
Information Only No Motion Required
Item 9 — Information Only/Neighborhood Meeting Reports:
Tim LaPorte, Deputy Public Works Director and Toni Azzola, Neighborhoods Program Coordinator,
said that a series of meetings have been held with neighborhood groups and topic of discussions
were street trees and grass strip mowing being some of the topics. Azzola said that approximately
10 residents were in attendance at the South Kent meeting and that there is a strong desire to
form an LID in the area.
Information Only No Motion Required
1 Item A. Committee Follow-uo Items
Item B. Public Comment Follow-up Items
Item C. Access Modifications Due to Construction
Adiourned:
The meeting was adjourned at 5:55 p m.
Next Scheduled Meeting:
Monday, July 02, 2007 at 5:00 p.m.
I
Cheryl Viseth,
Public Works Committee Secretary
Page 3 of 3
U•\PVJCommittee\Minutes\PWMlnute5 06 SB 07 doc
PUBLIC WORKS COMMITTEE MINUTES 5
July 02, 2007
ITEM 2
COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee was absent. Committee
member Tim Clark acted as chair on her behalf. Ron Harmon was present. The meeting was called
to order at 5 06 p m
Tim Clark wanted it noted that he had Debbie Raplee's concurrence on all items.
Tom Brubaker, City Attorney introduced the newest member of his staff, Susan Jensen, Deputy
City Attorney.
ITEM 1 -Revision to Parking Code/263'd Street SE:
Steve Mullen, Transportation Engineering Manager explained that with the construction of SE 263'd
Street to full width, from 124th Avenue SE to a point approximately 500 feet west of 124th Avenue
SE , there is no need for parking prohibition.
Harmon recommends council adopt the proposed ordinance which amends Kent City
I Code section 9.38.020 to delete the parking prohibition on Southeast 263`d Street from
124th Avenue Southeast to 500 feet west of 124th Avenue Southeast. The motion was
seconded by Clark and passed 3-0, with council member Raplee's concurrence.
ITEM 2-Amendment Reauest of the King County Interagency Agreement Lake Fenwick
1 Grass Carp:
Matt Knox, Environmental Biologist, gave a brief overview of the Environmental Engineering
proposal to introduce grass carp into Lake Fenwick in Spring of 2008 to control the noxious weed
Brazilian elodea. In order to do this, however, the outlet channel must be screened to ensure that
these fish do not infest non-target areas. He stated that the existing interagency agreement with
King County Road Services Division allows for maintenance and services when City crews are
unable to do the work. City crews are unable to construct and install this screen due to workload
demands this year.
The amendment to the existing interagency agreement will allow the City of Kent to contract with
the King County Road Services to perform work on the Lake Fenwick Grass Carp Screen project
(estimated at $25,930)
Harmon moved to recommend authorizing the supplement to the King County
Interagency Agreement approved on March 15, 2005 to include the following project:
Lake Fenwick Grass Carp Screen project in an amount not to exceed $25,930, upon
concurrence of the language therein by the City Attorney and Public Works Director. The
motion was seconded by Clark and passed 3-0, with council member Raplee's
concurrence.
1 ITEM 3- Information Only/Steelhead Endangered Species Act- Status:
Matt Knox, Environmental Biologist gave an informational presentation about steelhead and why
they are on the endangered species list.
Information Only No Motion Required
Page 1 of 2
U\PWCommittee\Minutes\PWMmu[es 07 02 07 doc
PUBLIC WORKS COMMITTEE MINUTES 6 '
July 02, 2007
ITEM 4- Information Only/Evaluation of Back-up Generators for Signal Systems:
Larry Blanchard, Public Works Director stated that estimates had been done but the information
has not yet been put together. He said that the Public Works Department will look at putting this
item in the 2008 Capital Improvement Plan. We are looking at long term solutions.
Information Only No Motion Required
Item A. Committee Follow-up Items '
• Enhancements to school zone projects - Grant approvals in process. We are hoping to
have them installed before or shortly after school starts.
■ Mandatory garbage service-More letters (150 per day, total of 1,200) going out in the
next week. Questions call Allied Waste at 206.682.9735 or go online at
www.rabanco.com\collection.
Item B. Public Comment Follow-uo Items
Item C. Access Modifications Due to Construction
Adiourned:
The meeting was adjourned at 5:45 p.m.
Next Scheduled Meeting:
Monday, July 16, 2007 at 5:00 p.m.
Cheryl Viseth,
Public Works Committee Secretary
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