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City Council Meeting - Council - Agenda - 09/02/2008
• P. N» v ��� it '� �•� rji,�„q ,�,�� 9 2 � d= �mtu xa fty Kem I (r"i "��dG9 ,,, � . III ny Coup,,,", rI,IiIIR4 p��fi"I i ' �„ i"' •"A5� ,p FIGr„'� JAI, ay iPi „�, o�ji rFa�M a I,''6���'�16�•; i 00" -7 �- „��� �"�'`����� ���''�� � 1��' it �;�• gn-�w 6 , e"v Pl , l September 2, 200 -MIN Mayor Suzette Cooke "i Debbie Raplee, Council Pre$ildont Councilmembers Elizabeth Albertson Ron Harrn Tim Clark Deborah 'Ranniger Jamie Danielson Les Thomas � ENT W A S H I N G T G N 1 City Clerk's office KENT CITY COUNCIL AGENDAS KENT September 2, 2008 W A 5 H I N G T 0 N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President Elizabeth Albertson Tim Clark Jamie Danielson Ron Harmon Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Domestic Partner Policy Becky Fowler 15 minutes 2. 2009 Budget Process & Schedule Bob Nachlinger 45 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Employee of the Month D. Economic Development and Events Center Update E. Proclamation - Payroll Week F. Proclamation - Constitution Week 5. PUBLIC HEARINGS A. Potential Annexation - Panther Lake Annexation Area Resolution 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. 2009 Annual Budget - Set Date for 1st Public Hearing D. 2009-2014 Capital Improvement Plan - Set Date for 1st Public Hearing E. Advanced Broadcast Solutions Goods and Services for Multimedia Digital Upgrade Project - Approve Continued COUNCIL MEETING AGENDA CONTINUED F. Bridge Consulting Services for Multimedia Digital Upgrade Project- Approve G. Avanti Computer Systems Receipt of Goods for Multimedia Workflow Management Information System - Approve H. St. Vincent De Paul Lease Agreement for New Connections - Authorize I. Siemens Technologies, Inc. Agreement for HVAC Modifications - Authorize J. Smith Fire Agreement for Security Systems - Authorize K. Air Exchange, Inc. Agreement for Modifications to Exhaust Extraction System - Authorize L. S. 222nd St. Street Vacation Resolution Setting Hearing Date - Adopt M. Anchor Environmental LLC Consultant Contract for Lake Meridian Outlet Project, Phase II - Authorize N. Pacific Highway HOV Lanes, North & South Phase - Accept as Complete O. Drainage Master Plan Ordinance - Adopt P. Water System Plan Ordinance - Adopt Q. Comprehensive Plan Ordinance Amending the Capital Facilities Element and Incorporating the 2008 Water System Plan And the Drainage Master Plan - Adopt 7. OTHER BUSINESS None 8. BIDS A. 2008 Downtown Sidewalk Improvements B. 81st Avenue South Storm Revisions C. Riverbend Golf Course Remodel 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Negotiations 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) EMPLOYEE OF THE MONTH D) ECONOMIC DEVELOPMENT AND EVENTS CENTER UPDATE E) PROCLAMATION - PAYROLL WEEK F) PROCLAMATION - CONSTITUTION WEEK 'WHEREAS, the .American PayroCC.Association and its members have launched a nationwide publcc awareness campaign that pays tribute to the more than 156 million people who work in the United States and the payroaprofessionals who support the .American system by paying wages, reporting worker earnings and withholding federal employment taxes, and 'WHEREAS, payrollprofessionals in Scent, Vashingtonplay a key role in maintaining the economic health of Xent, carrying out such averse tasks as paying into the unempCoyment insurance system, providing information for chiCd support enforcement, andcarrying out tax withholding, reporting the depositing; and 'WHEREAS, payroLT departments coCCectiveCy spend more than $15 billion annuaCty complying with myriadfederaCandstate wage and tax Caws, and 'WHEREAS, payroll professionals have become increasingly proactive in education both the business community and the publu at large about the payroll tax withholding systems; and 'WHEREAS, payroCCprofessionals meet reguCarCy with federalandstate tax officials to discuss both improving compliance with government procedures and Cow compliance can be achieved at Less cost to both government and businesses; and -WHEREAS, the' week in which Labor Day falls has been proclaimed National Payroll -Week and I hereby give additional suyyort to Xent Payroll professionals; NOW NEREFoR.E I, Suzette Cooke, Mayor of the City o Scent, do here ocCaim the week o Se tember f �� f p I-5,2008 aS P.AY.M. X 7'{l.TFX AP in the City of?Cent, -Washington, and ask that you join me in recognizing the efforts of payroQprofessionals here at the City and to others in the Xent area. In witness whereof, I have hereunto set my hand and caused the seaC of Xent to be affuced this end day of September 2oo8. Su Cooke, Mayor IS& KENT W A 8 M I N O T O N PROCLAMATION WHEREAS, September 17, 2008, marks the two hundred twentieth-first anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW THEREFORE, 1, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim September 17 through 23, 2008 as "CONSTITUTION WEEK" In the City of Kent, Washington, and I encourage our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. In Witness Whereof, I have hereunto set my hand and caused the Seal of the City of Kent to be affixed this 2nd day of September, 2008. Su Cooke, Mayor r KENT W A S M I N O T O N Kent City Council Meeting Date September 2, 2008 Category Public Hearings - 5A 1. SUBJECT: POTENTIAL ANNEXATION - PANTHER LAKE ANNEXATION AREA RESOLUTION 2. SUMMARY STATEMENT: The City of Kent has been studying the feasibility of annexing the Panther Lake area since April 2007. Financial, land use, and service level studies have been conducted. Most recently, the City completed an opinion survey of annexation residents. The attached resolution declares the City's intent to annex the Panther Lake area by calling for an election of voters who reside in the area. At this time, the projected election date will be the May 2009 special election. 3. EXHIBITS: Staff Memo dated 8/27/08; Draft Notice of Intent to Annex; and Resolution 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing B. Councilmember 0*1 moves, Councilmember 1-11 seconds L- ��n to adopt Resolution No. , which determines hat the best interests and the general welfare of the City of Kent would be selved by calling for the annexation, by election, of certain territory contiguous to the City referred to as the Panther Lake annexation area, as legally described in this resolution. DISCUSSION: ACTION: WR P�- COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP Director 400 West Gowe �,K �N Kent, WA 98032-117 T WASH1NOTON Fax: 253-856-6454 PHONE: 253-856-5454 August 27, 2008 TO: Debbie Ra lee President and City Council Members O p y FROM: Fred erstrom, Community Development Director RE: Proposed Notice of Intent to Annex the Panther Lake Area On May 20, 2008, the City Council passed Resolution #1791 which directed staff to conduct further studies and tasks related to the potential annexation of the Panther Lake area. Over the past three months, City staff has met with King County and Boundary Review Board (BRB) representatives, conducted additional studies, and authorized an opinion survey of annexation residents. (Preliminary results of this survey may be available by September 2nd and we will share these results with the Council at your regular meeting.) As was mentioned at the Council's last workshop, there is heightened importance about the timeline for annexation. SSB #6686 provides a sales tax credit to cities that annex large, unincorporated areas; the caveat is that such annexations must "commence" by January 1, 2010. When the City of Kent first started to examine the feasibility of annexing the Panther Lake area in April 2007, the January 2010 date seemed far off. It does not appear that way now. Since then, we have learned that the process with the BRB will take 120-150 days from the date the BRB is notified of the City's intent to annex. Therefore, in order to have a chance of scheduling an annexation election in May 2009, the Kent City Council should move forward by approving a resolution declaring its intent to annex the Panther Lake area and notifying the BRB of its intention. P:\Planning\Annex_PantherLake\PantherLakeNOImemo-082708.doc N 7 j i C N Y ® MAYOR SUZETTE COOKE City of Kent Community Development Fred N. Satterstrom, AJCP, Director DRAFT NOTICE OF INTENTION PROPOSED PANTHER LAKE ANNEXATION TO THE CITY OF KENT I. BACKGROUND/MAPS 1. The description of and reason for seeking the proposed action The proposed action is to annex approximately 3,200 acres to the City of Kent. Annexation is being sought by the City of Kent in furtherance of adopted countywide planning policies which establish cities as the appropriate providers of urban services to urban areas. The Panther Lake area is contained entirely within the City of Kent Potential Annexation Area. The annexation was initiated through the Election Method under RCW 35A.14.015 and RCW 35A.14.050. The proposed annexation area is ,,generally located north and east of Kent's fig, existing corporate boundaries in thatpart of the City generally east of 108tn Avenue SE and north of SE 236tn ghee o include areas bound by SE 200tn and SE 192"d Streets in the north and`,Bigp,Soo� Creek to the east. 2. Copies ofit a Ke-41 t City,,council minutes for actions taken relative to the pr' ��sed�annexation Ij a. Exhibit :" rrertified" minutes of the September xx, 2008 public hearing of th .11 ant City oun ' `41adopting a Notice of Interest resolution for the Panther Laf Annexation Area that includes a call for an election on the annexation issue`�only. Registered voters are not being asked to vote on future zoning or toy= srrie a portion of the City's outstanding bonded indebtedness. .3y's 3. Exhibit B: Resolution xxxx, calling for an election to be held on xxxx. 4. Exhibit C: Legal description of the proposed annexation boundaries. 5. Pursuant to RCW 43.21C.222, annexations are exempt from SEPA. 6. The following maps are enclosed: A. Exhibit D: 34" x 44" assessor-based two maps sets P � ) displaying the proposed Panther Lake Annexation boundary. Panther Lake - Notice of Intention to Annex - Page 1 of 19 B. Exhibit E: 8 '/z" x 11" vicinity maps displaying: 1) The proposed Panther Lake Annexation boundary. 2) The City of Kent existing corporate limits relative to the proposed annexation area. 3) All major streets and other major physical features. 4) The boundaries, including future service area boundaries, of all cities or special service districts having jurisdiction in or near the proposal. NOTE: the City and County library service area ,III . boundaries are coterminous with the City's corporate,,boundary. 5) King County Upon Growth",*- a and City of Kent Potential Annexation Area boundari established �t-der the Growth Management Act. Or C. Exhibit F: A map of currAt'City of Kent corporate limits upon which the proposed Panther Lake Annexation boundaries have been delineated. D. Exhibit G: City of Kent Comprehensive Plan Land Use Designations Map. II. FACTORS THE BOARD MUST CONSIDER 1. Overview A. Population: According to King County's Budget Office, the population of the proposed annexation area is an estimated 24,200 persons living in 8,138 housing units at an average density of 2.97 persons per unit. The same source estimates an increase in the number of households from 8,138 housing units to 10,625 units. In 10 years, the population of the Panther Lake Annexation Area is therefore estimated to grow by at least 7,138 persons for a total of 31,338 residents based upon a household size of 2.87. According to Washington State Office of Financial Management data, the City of Kent population as of April 2008 was 86,980. B. Territory: The proposed annexation area includes approximately 3,200 acres, or five (5.0) square miles. C. Population Density: The currently estimated population density of the Panther Lake Annexation area is approximately 7.56 persons Panther Lake - Notice of Intention to Annex - Page 2 of 19 per gross acre. In 10 years, the estimated population density would be approximately 9.79 persons per gross acre. D. Assessed Valuation: The current assessed value of the properties proposed for annexation is approximately $1,997,000,000. 2. Land Use A. Existing: Existing uses include a mix of residential types ranging from single-family detached dwellings to duplexes and multi-family apartments. Commercial uses include a small commercial strip, two larger shopping centers and a casino. King County is currently processing amendments of the comprehensive plan land use and zoning district designations for the Panther Lake Elementary School property. Four (4) acres from the corner of the 10.5 acre property are being proposed for a land use plan map change from Urban Residential Medium 4-12 du/acre to Community Business Center, with a Community Business zoning district. The remaining portion of the property extending west along SE 208th Street is proposed for rezoning from R-6 to R-12. A significant amount of land in the annexation area is designated as Urban Separator, proximate to Big Soos Creek and Panther Lake. King aCounty estimates that there are 8,138 dwelling units in the annexation a`rpa.at,this time. ., B. Proposed: Kent_ is ; urr6ptly undertaking a review of existing land uses and 7 ,,qH1ngi1jn the 3,200 acre annexation area so that it can determine what cl anges,�,�if any; Eit will need to ensure consistency between Comprehensive,,=Plan ` nd , U§e Map and Zoning District Map designations for the annex�t€€h area". 'Given the map designations prevalent in Kent adjaq it "ta�;,the ar,Inexation area boundaries, a number of observations cOUld be made. ' st, it is anticipated that future Kent zoning for single-family","�sidential,,use would allow the same or less density; Urban Separator-designated area;, (one unit per acre with additional development restrictions) are not�ntigipated to be changed. Second, for areas designated and developed as multi family residential use, a comparable Kent designation would likely be applied. Third, for areas designated for commercial mixed use, Kent's designations would be comparable. 3. Comprehensive Plans/Franchise(s) A. Conformance with Adopted Countywide Planning Policies: The proposed action is generally consistent with the Countywide Planning Policies and the following policies in particular: LU-31 In collaboration with adjacent counties and cities and King County, and in consultation with residential groups in affected areas, each city shall designate a potential annexation area. Each potential annexation area shall be specific to each city... Panther Lake - Notice of Intention to Annex - Page 3 of 19 The boundary of the Panther Lake portion of Kent's PAA is the result of an interlocal agreement between Kent and Renton that resolved overlapping PAAs by negotiating a line that basically follows the boundary delineating the Renton and Kent School Districts in this area. An exception was the area around the Springbrook Springs Watershed, which provides 10- 15% of Renton's potable water, and Renton wanted to maintain control over land uses potentially impacting this resource. LU-32 A city may annex territory only within its designated potential annexation area. All cities shall phase annexations to coincide with the ability for the city to coordinate the provision of a full range of urban services to areas to be annexed. The City of Kent has designated the proposed annexation area in the City's Comprehensive Plan (Exh bit`EH)�,; Kent has the ability to provide a full range of urban services to tharea �� posed for annexation; however, it is not the designated sewerit'd" water s ' ice provider for the Panther Lake area. The Soos Creed ' later-and S .er District is the designated purveyor for most of this area. FW-13 Cities are they'°appropriate providers of local urban services to urban areas either directly or by',,contract. With the exception of water, sewer and libraries, Kent is prepared to provide a full range of local urban services to the area including police, fire, parks and recreation, land use and transportation planning, permitting, and accessible local government. The Soos Creek Water and Sewer District is the designated purveyor of water and sewer for this area, under agreement with King County. The City and the Soos Creek Water and Sewer District agree that Soos Creek Water and Sewer District will continue to provide services in this area. B. King County Comprehensive Plan/Ordinances 1) King County Planning under the Growth Management Act. The proposed annexation is identified as being within Kent's Potential Annexation Area (PAA) as shown on the County's Potential Annexation Areas Map. King County planning efforts under the Growth Management Act have included ensuring that development in the Urban Growth Area occurs primarily at urban densities and with urban level services available. The subject area is primarily designated Urban Residential 4-12 du/acre as shown on the King County Comprehensive Plan Land Use Map. Also shown on this same exhibit are areas of Urban Residential High 12+ du/acre surrounding the Community Business Center designation at 108th Avenue SE and SE 208th Street and the Neighborhood Panther Lake - Notice of Intention to Annex - Page 4 of 19 Business Center designation at 108t" Avenue SE and SE 192"d Street. An area designated as Urban Separator stretches east-west on both sides of 108t" Avenue SE between SE 196t" and SE 200t" Streets, bounding the north and east shores of Panther Lake and then extending east toward Big Soos Cr The City of Kent has planned urban densities for this area as shown on its Comprehensive Plan Land Use Map. Kent can provide urban services, with the Soos Creek Water and Sewer District continuing to provide water and sewer capacity in a majority of the area to meet urban densities. 2) The following adopted King County Comprehensive Plan policies specifically support the proposed annexation: Chapter Two, Urban Land Use, Section II.B. Directing Growth to Cities and Urban Areas U-203 King County should encourage most population and employment growth to locate in the contiguous Urban Growth Area in western King County, especially in cities and their potential annexation areas. Annexation would allow,development occurring within the 5.0 square mile annexation to occur. within`the,.City of Kent, which provides its residents a full range 'dfT.iiurban services such as police, fire, parks and recreation programs, 16Cal lank i use and transportation planning, economic development programs,'buildin ermitting, and accessible local governance. Chapter lrNyo, Urban Land Use, Section H.C. Urban Growth Area Targets 11h, U-2O8_,�' King County shall provide adequate land capacity for residential.,;;,!6mmercial and industrial growth in the urban unincorporated area. s° Tiffs land capacity shall include both redevelopment opportunities as well as opportunities for development on vacant lands. Anticipated future Kent zoning for the majority of residential properties in the annexation area would likely result in a lower land capacity than that represented by the existing King County zoning. Although the County zoning allows for higher residential densities than Kent would under current land use designations shown on its Comprehensive Plan Land Use Map, Kent has sufficient planned land capacity both in the PAA and the existing City to continue to meet current growth targets for these areas. Similarly, in terms of neighborhood and community business, County zoning allows more square footage per given lot area than would Kent's equivalent commercial zoning, but Kent has sufficient planned commercial land capacity to also meet jobs targets. Panther Lake - Notice of Intention to Annex - Page 5 of 19 Kent would be responsible for accommodating a proportionate share of the existing King County growth target for this area based on a formula defined in the Countywide Planning Policies for both the adopted Housing and Employment Targets. Kent has sufficient capacity under its adopted Comprehensive Plan to accommodate both the adopted existing City targets and the adopted King County unincorporated targets for the proposed annexation area. In 2002, the County Buildable Lands Report identified that Kent had 2,530 units of residential capacity in excess of its target, and capacity for 6,347 jobs in excess of its target. In 2004, the King County Countywide Planning Policies were amended to adopt PAA Targets for Panther Lake of 546 households and 287 jobs. �1 � Chapter Two Urban „ h . Use. Section III.A. Planning with King County's Cities for Future,�n'nexft0 U-301 King Cl- ' ty should wor with cities to focus countywide growth within their boundar e�' nd should support annexations within the Urban Growth Area when cd ''''i, stent with the King County Comprehensive Plan and Countywide Planning'P" icies. U-304 King County should support annexation proposals when: i a. The proposal is consistent with the King County Comprehensive Plan; b. The proposed area is wholly within the Urban Growth Area and within the city's designated Potential Annexation Area (for annexations); C. The city is planning for urban densities and efficient land use patterns consistent with the Countywide Planning Policies and King County land use plans; and, d. Adopted Countywide goals and policies for urban services, environmental and cultural resource protection will be supported. The proposed annexation is generally consistent with the King County Comprehensive Plan and Land Use Map. The area proposed for annexation is wholly within the Urban Growth Area and within Kent's PAA. The City's Comprehensive Plan policies and development regulations support countywide goals and policies for urban densities, urban services and environmental and cultural resource protection. Areas set aside as Greenbelt/Urban Separator would continue to serve this purpose under Kent's jurisdiction. The most significant change would likely apply to areas currently zoned R-8 (8 du/acre with bonuses allowing up to 12 du/acre) in i Panther Lake - Notice of Intention to Annex - Page 6 of 19 the County. While Kent permits density averaging for each development, 8 du/acre is a maximum in the SR-8 zone. Nonetheless, most of the adjacent land in Kent corporate limits is designated at Single-Family Residential Six Units per Acre on both the Comprehensive Plan Map (SF-6) and Zoning Districts Map (SR-6). All proposed annexation zoning would have to provide capacity for urban densities and efficiencies consistent with adopted countywide and City goals and policies for urban services. This can be achieved without exceeding currently-designated County densities in residential areas. 3) Adopted King County Comprehensive Plan desianations: The adopted King County Comprehensive Plan land use designations for the proposed annexation area include approximately 2,732 acres designated Urban Residential Medium - 4-12 du/acre, and approximately 201.5 acres designated King County-Owned Open Space/Recreation. This amount does not include Urban Separator- designated land, which approximates 432 acres in the PAA. The total amount of Urban Residential High-designated land is 45.35 acres, with most of this acreage surrounding commercially-designated properties. East of 108th Avenue SE and south of SE 192"d Street the County has designated 7.34 acres of Neighborhood Business Center with Urban Residential High 12+ du/acre to the south and east Ytkis corner. In addition, the County Comprehensive Plan shows a 34.22 Acre Community Business Center designation around the intersection pf 108th Ayenue SE and SE 208th Street. This commercial area als6 lh9s a feint"' adjacent areas designated Urban Residential High 12+ a`if /acre The, County is currently processing an amendment of the CompirQ h en i � Ian land use designation for the four (4) acres of the 10.5.=acre Par�tl er L 6:iElementary School parcel from Urban Residential Medi M—4-4 ,,dU4,te to Community Business Center. 4) Adopted City of Kent Comprehensive Plan designations: -`The predominant City of Kent Comprehensive Plan land use designation adjacentfto this area is Single-Family Residential, Six Units per Acre (SF-6). A much smaller amount of Single-Family Residential, 4.5 Units per Acre (SF-4.5), may be found near the North and Middle Forks of Garrison Creek (off of the bend of SE 2081h to SE 212th Street). A nominal amount of Low-Density Multi-Family Residential (LDMF) and Medium-Density Multi-Family Residential (MDMF) is located near the intersection of 1041h/Benson Highway and the corporate limits of Kent. 5 Comparison of City and County regulations for critical areas, surface water, landmarks, agricultural land protections, etc.: Following annexation, King County ordinances and regulations would be replaced by City of Kent ordinances and regulations. City of Kent ordinances and regulations applicable to the proposed action include the following: a Critical Areas Protectionulati ns: The ea regulations: City of Kent's Critical Areas Ordinance (KCC 11.03) describes permitted and Panther Lake - Notice of Intention to Annex - Page 7 of 19 prohibited activities and uses, waivers, modifications and variances, and additional criteria and permit processes for development in critical areas. Critical areas regulated by the Ordinance include aquifer recharge areas, flood and geologic hazard areas, native habitat, and wetlands. Although specific regulations vary, Chapter 21A.24, Environmentally Sensitive Areas, of the King County Code provides comparable regulatory protection of critical areas. The City of Kent Critical Areas Ordinance is available per request. b) Agricultural or other resource lands preservation: Regulations preserving agricultural uses are not applicable to the subject area, as the proposed annexation area is not within any of the agricultural districts identified for first, second, or third priority for the purchase of development rights. Further, the annexation site is not designated for agricultural production or other rescce lands under the King 01,111 County Comprehensive Plan and is not currentlyo,66`8er agricultural use. The City of Kent does not have a program authorizi6g` he purchase or transfer of development rights. '1 � c) Landma. s La'f�`�� ark Districts Preservation: The City of Kent has oo 'd' a landmarks preservation ordinance (LPO) that is comparable to Kind, County Code Chapter 20.62, Protection and preservation of Landmarks, Lai dmark Sites, and Districts. The City of Kent has an interlocal agreement w� 41,King County, whereby the King County Landmarks Commission reviews designation applications that are consistent with Kent City Codes. The websites of King County Landmarks Office and the Kent School District identify Panther Lake Elementary as a 1939 Works Progress Administration construction project - but the school does not carry a landmarks designation. No other landmark sites or districts are known to exist in the proposed annexation area. d) Surface Water Control: The City of Kent has j adopted an edited version of the 1998 King County Surface Water Design Manual, by reference, as the City's Surface Water Design Manual and which is the design standard for surface water control in public and private development projects. In addition, the City under its National Pollutant Discharge Elimination System (NPDES) Phase II Permit, must adopt new standards equivalent to the 2005 Washington Department of Ecology Stormwater Management Manual for Western Washington by August, 2009. C. City of Kent Comprehensive Plan/Franchise 1) City Planning Under the Growth Management Act The Kent City Council adopted a Comprehensive Plan in 1995 consistent with the requirements of the Growth Management Act (GMA). The Kent Comprehensive Plan was updated in 2004, per GMA requirements. The Comprehensive Plan Land Use Map identifies potential annexation areas, including the area currently proposed for annexation, and shows land use Panther Lake - Notice of Intention to Annex - Page 8 of 19 designations for such areas (see Exhibit G, City of Kent Land Use Designations Map). The proposal is consistent with the Land Use Element goals and policies of the Kent Comprehensive Plan that support annexation of lands: • That are within Kent's potential annexation area where the availability of infrastructure and services allow for the development of urban densities (LU-1.1, LU-1.4, LU-2, LU-6.1, LU-9); • That are vacant and subject to development pressure (LU-1.4, LU-13); • That are available for urbanization under county comprehensive planning, zoning, and subdivision regulations (LU-1.1); • For which the City of Kent should logically be the primary provider of urban infrastructure and services (LU-9.3, CF-1.3); • That would include those who already use City services or who impact City infrastructure (CF-2, CF-2.3, CF-15); and • That includes environmentally sensitive areas and vacant land where future development could adversely influence the environmental and land use character of Kent (LU-25.8, LU-26.3, LU-26.6, LU-31.5, LU- 31.6, P&OS-2.1). 2) PAA sta`t�i,t����a PAA agreements with other cities, if AU: The City of Kent has adopted"la pd��igl annexation area that includes several areas with boundaries negotlated� iv ,,King County and other cities. These areas are identified�ih, t's Comprehensive Plan Map and on the King County Interim Potential Anne `ation Area Map. The City negotiated a PAA boundary agreement foie t he P. Sher, Lame area with the City of Renton and King County in the 1,990s o" a�dditiorial PAA agreements are necessary for the area curre ly',propo ed fo annexation. 3) Reguired Comprehensive Plan Amendments if any: Although 664 end tints to Kent's Comprehensive Plan are necessary to process this proptised,0' nexation, the City is currently reviewing land use and zoning in the proposed annexation area and may propose amendments to its Comprehensive Plan either before or after adoption of this annexation, if it is approved by the electorate and the Board. 4) Comprehensive Plan approval date: Kent's Comprehensive Plan was originally adopted on April 1995, with subsequent annual amendments. The mandatory seven (7)-year GMA update was completed and adopted in 2004. 5) Required franchises to serve area: No franchise will be required for the City of Kent to provide services to the proposed annexation area. Panther Lake - Notice of Intention to Annex - Page 9 of 19 a 6) Pre-Annexation Zoning Agreements: The proposed annexation area has not been the subject of a Pre-Annexation Zoning Agreement. 7) Proposed land use designation: The 5.0 square mile annexation area has multiple land use designations as shown on the City's Comprehensive Plan Land Use Map. These designations are equivalent of King County's designations for the proposed annexation area. 4. Planning data A. Revenues/Expenditures A fiscal analysis of the 3,200 acre annexation area was prepared by the City's Finance Department in 2008 and,16und that the City would face a first year annual cost of $5,041,50 ' serve the area based on the City of Kent's current citywide le" 1,of s rvice. Additionally, it is estimated that the City would rr 10 to hire 9'i�,�,full time equivalent positions to maintain the currevel,�,pf servt,6j , in the proposed :20Eannexation area. . The following analysis identifies the General Fund revenues and costs associated with annexing the 3,200 acres as it is currently developed. All assumptions are based on the current costs and revenues consistent with the City's existing standards and other comparable data, but actual results are likely to vary from these estimates. Assessed Valuation Number of Units Population Est. Assessed Value 2007 8,138 24,200 $1,997,000,000 Estimated City Expenditures Department FTE Positions Costs Council/Administration/Court 6.22 $749179 Community Development 7.00 $852,308 Employee Services 2.00 $186,517 Finance 5.00 $591,346 Fire and Life Safety 3.00 $368,189 Information Technology 4.00 $528,651 Law 3.00 $429,372 Parks, Recreation and Community Services 7.00 $996,414 Police 31.00 $3,891,439 Public Works 23.00 $2,511,662 Space needs $1,820,390 OPERATING EXPENSES 91.22 $12,925,469 Panther Lake - Notice of Intention to Annex - Page 10 of 19 Estimated City Revenues REVENUE SOURCE Revenues Property Taxes 4 833 338 Property Taxes - Loss of Fire District 37 Intergovernmental Revenues 1 594,394 Sales and Use Taxes - Excludes Annexation Funding Sales Tax $664,019 Sales and Use Taxes - Criminal Justice/MVET $5,014 Utility Taxes 2,262,011 Cable Franchise Fees 228,245 Real Estate Excise Taxes Gambling Taxes $539,895 Business Licenses and Permits $6,900 Building Permits and Related Charges for Services $568,620 Fuel Taxes Liquor Excise Taxes and State Liquor Control Board Profits $278,712 Sewerage Utility Services Fines/Forfeitures and Related Charges for Services $114,004 Kent Corrections Facilit I. , $25 521 Transfer of 2 per Ca iei fb"'Cagital Projects 48 008 Totals , 7 883,877 Estimated 41t General Fund Fiscal Impact ($5,041,592} ;,• 4 Tl e,adoptib z9f 6686 which allows for a payment of sales to f up to 0. % o the total of 6.5% State portion of sales tax reve�" u�es is e mated to provide up to $6,025,000 in funds for a ten y r ,�iod; this more than offsets the additional expendiitAr anticipated as a result of the proposed annexation. Estimated County Revenue Loss The estimated reduction in County revenues would be $3,486,846 based on the 2007 assessed valuation at the unincorporated area levy of $1.746 per $1,000. Estimated County Reduction in Expenditures The estimated reduction in County expenditures is anticipated to be proportional to the reduction in revenues from the annexation area. The County states that it currently spends more in the area than it receives in property taxes and fees. Panther Lake - Notice of Intention to Annex - Page 11 of 19 Estimated Fire District Revenue Loss The proposed annexation area lies wholly within the boundaries of Fire District 37. Due to the relationship between the City and the Fire District in which the City provides fire service for the District for an amount equal to 90% of the Fire District property taxes, the estimated loss for the District will be the same as the estimated revenue loss to the City of $1,594,394. Estimated Fire District Reduction in Expenditures The City will be assuming the operations previously provided by Fire District 37 at an estimated cost ", ual to the reduction in revenues to the District. However, _t District will retain a non- voted debt of approximately $ 9, 0 from construction of Station 78 and will expect ci �ens t �,,,,the annexed area to continue in the shared cost f is news n. B. Services .„ y 10" 1) Water Service The majority of the annexation area is within the Soos Creek Water and Sewer District's water service area. The service areas would not change as a result of the proposed annexation unless the district and the City of Kent agreed upon subsequent changes and the Board approved these. a) Direct/Contract: Each Water System Purveyor will continue to provide water service within their respective service areas for the foreseeable future. Future developers will have to notify the respective service provider regarding water availability and obtain a certificate of water availability. b) Storage Location s/Capacity: The zoned residential capacity under the existing King County zoning is higher than the likely residential capacity under any future City of Kent zoning. Since population growth under the City of Kent's proposed residential zoning is likely to be less than the County's current zoning for the proposed annexation area, each Water System Purveyor should have the capacity to meet the water demand generated by post-annexation development. c) Mains to serve the area: Each Water System Purveyor will likely require developers to extend mains into areas currently not served within the annexation area as part of their development proposals. Panther Lake - Notice of Intention to Annex - Page 12 of 19 d) Financing of proposed service: Such improvements are typically financed by developers and/or normal user fees for existing and new residents. 2) Sanitary Sewer Service a) Direct/Contract: Sewer service within the proposed annexation area would be provided by the Soos Creek Water & Sewer District and the City of Kent, each within their respective service area. b) Mains to serve area: Each sanitary sewer utility will likely require developers to extend mains into areas currently not served within the annexation area as part of their development proposals. c) Disposal: Sewage Disposal service is being provided through a mutually agreeable contract with King County-METRO that does not expire until 2036. d) Capacity Available: The City of Kent and Soos Creek Water & Sewer District sanitary sewer systems both appear to have sufficient capacity to accoi `gdate build out of the 5.0 square mile annexation area under current county zoning. Since Kent's zoning will likely result in less intense total developen� �� tltotal demand for future use could actually be lower. � E� P" e 41 z 'n racing- of proposed service: s Improvements within; s annexation area would be anticipated to be made through th developer`s sions process. 3) Fide Service .,a,) Direct/Contract: Fire District 37 currently _, provides fire suppression"and life emergency response services for the entire annexation area. Following annexation, the City of Kent would take over serving the annexation area from Fire District 37. Because the proposed Panther Lake Annexation comprises less than 60% of the District's current assessed value, the City of Kent is not required to assume responsibility for serving the remaining portions of Fire District 37. b) Nearest stations: Fire District 37 Station No. 77 is located within the annexation area at the northwest corner of the intersection of SE 208th Street and 132"d Avenue SE. Station No. 77 presently serves the northern portion of the annexation area and will continue to serve the same area after annexation. Kent Fire Station 74 located at 24611 - 116th Avenue SE currently serves the southern annexation area by contract with Fire District 37 and will continue to provide service to 1 the area following annexation. In order to bring the level-of-service for the Panther Lake - Notice of Intention to Annex - Page 13 of 19 proposed annexation area up to the current standard and to maintain that standard, Fire District 37 has planned for an additional station location near the intersection of SE 217th Street and 108th Avenue SE. c) Response time: Response or "drive" time for a "first unit" to any point within the proposed annexation boundaries could range from less than one to seven minutes providing that fire response units are available for service in their respective stations. Response or "drive" time for a Full First Alarm Assignment capable of fighting a structure fire ranges from 9 to 13 minutes and does not meet Fire District 37's adopted Level of Service Standard of 7 minutes and 15 seconds. Little or no short- term change of service is anticipated as a direct result of annexation for the portion within Fire District 37. d) Staffing: StaWomes. 77 is currently staffed y g g captain, Station 74 is staffed b three firefighters, including a ca tain at a�fj� by six firefighters including a Battalion ZDmerait- end C ain. `npp, e) Major Maio i"t guipment located at Station 77 includes one 1,500 gallon ,,r,, " ute pumper (engine). Major equipment located at Station 74 includes a mand Vehicle, a Ladder Truck with 105 foot aerial and an Aid Car. zoo f) Emergency medical personnel: All shift personnel at Station 77 and Station 74 are certified EMT/D-Fib. g) Fire Rating: Fire District 37's fire rating is four, and Kent's fire rating is three, as determined by the Washington State Survey and Rating Bureau. A post-annexation review will need to be completed to determine the effect the Panther Lake Annexation will have on the Kent rating. The Center for Public Safety Excellence has conferred "Accredited Agency" status jointly upon Kent Fire Department/Fire District 37 through the Commission on Fire Accreditation International (CFAI) program. Annexation of the Panther Lake area will not affect this accredited status. h) Source of dispatch: The Primary Public Safety Answering Point (PSAP) for the Panther Lake annexation area is the King County Sheriff's office. Post annexation, Valley Communications will become the new Primary Answering Point for fire and emergency medical services. This change will eliminate the need for King County to transfer 911 calls requesting fire and emergency medical services to Valley Communications and offer slightly improved service to citizens of the Panther Lake annexation area. Panther Lake - Notice of Intention to Annex - Page 14 of 19 4) Police Service a) Direct/Contract: Following annexation, the City of Kent Police Department would entirely assume responsibility for a variety of police services for the annexation area from the King County Sheriff's Department. b) Nearest stations: The closest station serving the Panther Lake area is the Kent Police Department Headquarters, located at 220 South Fourth Avenue in Downtown Kent. Officers are deployed for patrol currently in one of three districts within City Limits (East Hill, Valley Floor, and West Hill) and respond as dispatched to emergency calls. A fourth patrol district serving the Panther Lake area would be created. The patrol officers assigned to the different patrol districts respond to calls for service in other districts of the City as needed. c) Response time: The table below shows 2007 response times in minutes for calls of Highest Priority, Priority One (P1), Priority Two (P2) (prompt dispatch, including verbal disturbances and blocking traffic crashes); and Priority Three (P3) Calls (routine dispatch, including crimes not-in-progress and routine reports). Highest Priority Calls i are considered critical threats, 16h18r, anclude personal violence crimes in progress, such as assault. Priority brief alls require immediate dispatch E response to silent alarms,,,injury crashe%,-and:,in-progress crimes. Priority Two Calls require prompt di'spi 2007 Hiahe Pi P2 P3 Kent Police „_<< , 3L2t `&" 3"69 7.63 11.37 King County � iyy� x��= ��4.5t3t 9.68 16.69 44.32 g _� c Staffing: Kent plans to hire a sufficient number of officer �,I o ensue» the proposed annexation area receives the level and quality of service1pturrently provided citywide. The Kent Police Department has an of 'cer/population ratio of 1.50 (130 approved sworn positions for the current population of 86,980) compared to a ratio of 1.35 for the King County Sheriff's Department, including all staff countywide prior to anticipated service and staff reductions. The Kent Police Department staffing plan for proposed annexation includes a total of 31 added positions, including both sworn officers and civilian staff. The Kent Police Department annexation staffing plan includes additional detectives and a fourth Neighborhood Response Team (NRT) Officer who will be specifically assigned to the Panther Lake area. As noted above, the Kent Police Department assigns patrol officers at all times to each of the three existing patrol districts in the City. If the Panther Lake area is annexed, it will be served as a fourth separate patrol district. Additionally, back-up officers, supervisors and other support elements, such as K-9 units, traffic officers and detectives are directly available and coordinated citywide. Panther Lake - Notice of Intention to Annex - Page 15 of 19 e) Major equipment: A sufficient number of vehicles and equipment would be provided for patrol, detective and office staff serving the Panther Lake area. f) Police Rating: The Kent Police Department has been nationally accredited by the Commission on Accreditation for Law Enforcement Agencies. g) Source of dispatch: Dispatch services are provided by Valley Communications Center, which will become the Primary Public Safety Answering Point (PSAP) for the Panther Lake area if annexation occurs. S. General ; 11 A) Annexation agreements forViiextensions of service: No applicable annexation agreements are in eff & for'ihe proposed annexation area. B) Topography and natu 1, ti ndaries: Soos Creek and its ravine form a natural boundary along portion Hof the eastern annexation area boundary. The annexation area is mostly W"plateau that rests above the Green River Valley with Springbrook Creek and",§oos Creek running through it. Also, the headwaters of Springbrook Creek begin in the northwest corner of the annexation area at Springbrook Springs. West of 100th Avenue SE, if extended, the topography drops 75 to 100 ft. to the Valley Floor. C) Projected 10-year growth: The County estimates that as of 2007, there were 8,138 dwelling units in the 3,200 acre Panther Lake Potential Annexation Area. The County's 2007 Annual Growth Report indicated that a development capacity of approximately 2,487 new units existed in the Panther Lake Potential Annexation Area. D) Municipal or community services: With annexation, the property owners and residents would have access to a full range of urban services including police, fire, parks, community services, the City's neighborhoods program, annual community events, and local, readily accessible municipal government. In order to maintain the same level of service Kent provides citywide in the 3,200 acre annexation area, it is estimated that 91 new employees will need to be hired by the City. E) Potential delays in implementing service delivery: Existing parkland inventory in the proposed annexation area is below Kent's level of service. Land acquisition for future Neighborhood Parks and Community Parks would need to occur to maintain a level-of-service consistent with the rest of the City. Future development of those parks would occur in future years as funding is available. There are currently three King County parks in the proposed annexation area totaling 42.7 acres The Panther Lake - Notice of Intention to Annex - Page 16 of 19 City and County will negotiate the transfer of local park properties to the City upon annexation. The Gary Grant Park/Soos Creek Trail is a regional facility owned and maintained by King County. Portions of this facility are located within the annexation area. As a facility that is part of a broader Regional Trail System, these properties will remain in King County ownership. While asset negotiations will occur, no potential delays in implementing fire services will occur. Under Washington State law, the current waste hauler would continue to provide solid waste removal for seven years after annexation. At that time, the annexation area would then be included in the City's waste hauler contract. The City is also negotiating with King County regarding taking over their surface water detention facilities. With the exception of parks (notably safety assessment) and solid waste removal, no delays are expected in implementing service delivery to the area. Some City services will require assessment of facility needs including recreation, library and general purpose City facilities. City departments reviewing the annexation proposal indicated that they would be able to adequately serve existing and future development with the anticipated 91 new employees needed to ensure that the area receives the same LOS the City currently provides residents elsewhere. As noted above, the Soos Creek Water & Sewer District is expected to continue to provide water and sewer serv2Ze and has indicated no major obstacles to service delivery at this time. F) Evaluatib adequacy, costs, or rates of service to area: Existing services are Nightly�dbelow °Kent levels-of-service. The City is committed to hiring necesar�r�° �,ff to insure that this area has the same levels-of-service provided`ill ""were" in 'the City. As additional development occurs in the proposed`annex Lion area, demand for services will increase. It is assumed tf '" the cost�=;`Qf su' - services will be largely offset by property taxes, service bf rges, anld4 other revenues based on population. As noted above, if the Cijy, ,,were a assume this annexation at current levels of development, it would �h, e to subsidize it at an estimated $5,041,592 per , year, in 2005 dollars. "1' owever, with the recent passage of SSB 6686 and the fact that the population of the Panther Lake Annexation Area is greater than 20,000, the area qualifies for a sales and use tax credit of 0.2% to cover this deficit for a period of ten years. To qualify for this credit, the annexation would have to be brought into the City before January 1, 2010. King County is the only alternative service provider for services that would be assumed by the City of Kent upon annexation. School district boundaries and services are not affected by annexation. Panther Lake - Notice of Intention to Annex - Page 17 of 19 III. OBJECTIVES The proposed Panther Lake Annexation generally complies with the objectives of the Boundary Review Board. These include the following: 1. Preservation of natural neighborhoods and communities No negative impacts to existing neighborhoods and communities are anticipated as a result of the proposed action. The annexation does not split any existing subdivision or established neighborhoods. 2. Use of physical boundaries including but not limited to bodies of water, highways, and land contours As noted above, the eastern boundary of this large annexation area is bounded by Soos Creek and the ravines that h"elp,create its headwaters. Its southern and western boundaries are genera(y the' existing corporate limits of Kent. The northern boundary is c le'rminous w ,h Renton's recently annexed Benson Hill/Cascade area. 3. Creation and preservation 41, gical service areas City staff reviewing the proposed annexation have stated that the proposed boundaries represent logical extensions of City of Kent services. Also, the Countywide Planning Policies state that cities are the appropriate providers of local urban services to Urban Areas. The proposal would therefore further both the intent of City annexation objectives and relevant Countywide Planning Policies. 4. Prevention of abnormally irregular boundaries The proposed boundaries for this annexation are only irregular along its eastern edge where defined by the Big Soos Creek and the associated extent of Gary Grant Park. 5. Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities with population in excess of ten thousand persons in heavily populated urban areas Does not apply to the proposed action. 6. Dissolution of inactive special purpose districts Does not apply to the proposed action. Panther Lake - Notice of Intention to Annex - Page 18 of 19 7. Adjustment of impractical boundaries Does not apply to the proposed action. S. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas, which are urban in character King County has designated this area for urban development and because it is within Kent's PAA, it is anticipated that it will annex as proposed or in smaller increments if this annexation by election fails. An attempt by the City of Renton to incorporate the Benson Hill and Fairwood areas respectively to the north and northeast of the Panther Lake Annexation Area failed. After separating the two areas, Renton's very recent effort to annex the Benson Hill area was successful. 9. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority Does not apply to the proposed action. No portions of the proposed annexation area are designated Rural or designated for long term productive agricultural or resource use in the King County, Comprehensive Plan. I Ai Panther Lake - Notice of Intention to Annex - Page 19 of 19 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, calling for the annexation, by election, of certain territory contiguous to the City of Kent referred to as the Panther Lake Annexation Area; establishing the boundaries of the annexation area; stating the estimated number of registered voters; declaring that the City will pay the cost of the election; indicating that the ballot proposition will likely address annexation only and not assumption of existing indebtedness or approval of proposed zoning; authorizing the Clerk to file a certified copy of this resolution with the legislative authority of King County and to file a Notice of Intent with the King County Boundary Review Board; authorizing the City Attorney to prepare a ballot title and proposition; and authorizing the Mayor to undertake all other acts reasonably necessary to bring the election proposition before the voters within the annexation area. RECITALS A. The Growth Management Act (GMA) establishes that cities are the primary providers of urban services and encourages cities and counties to work together to define the limits of potential annexation areas. The King County county-wide planning policies established in compliance with the GMA encourage the annexation of large urban unincorporated areas by 2012. 1 Panther take Annexation - Submit to Voters and King County Boundary Review Board B. The City of Kent, in conjunction with its neighboring jurisdictions and King County, has determined the limits of its Potential Annexation Area (PAA). The area of unincorporated territory contiguous with the existing boundaries of the City of Kent, known commonly by the City as the Panther Lake Annexation area (and to the County as Kent Northeast PAA), lies within the City of Kent's PAA. The Panther Lake Annexation area consists of approximately 3,200 acres, generally bounded by the City of Renton on the north (generally along SE 192nd St. to the Benson Road, then continuing west along SE 200 Street to 100th Avenue SE), Big Soos Creek on the east, and contiguous with the existing city limits of the City of Kent on the annexation area's south and west boundaries. C. By direction of the City Council under its Resolution No. 1791, the City has undertaken preliminary study of the financial, land use, and service impacts of annexation of this area to the City, and the City Council has determined that it would serve the best interests and general welfare of the City to call for an election to be held to submit to the voters of the Panther Lake Annexation area the proposal for annexation to Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Recitals Incorporated as Findings. The preceding Recitals are incorporated into this Resolution as the findings of the Kent City Council. SECTION 2. - Stall for Election. The City Council has determined that annexation of the Panther Lake Annexation area would serve the City's 2 Panther Lake Annexation - Submit to Voters and King County Boundary Review Board best interests and general welfare. Accordingly, the Council has determined to call for an election, pursuant to Chapter 35A.14 Revised �I Code of Washington (RCW), to be held in order to submit to the voters of the Panther Lake Annexation area the proposal for annexation to Kent. To the extent reasonable and practicable, the City Council intends to hold the election at the May 2009 special election. SECTION 3. - Boundaries of Territory to be Annexed. The boundaries of the territory to be annexed are attached and incorporated as Exhibit A to this Resolution. SECTION 4. - Estimated Number of Voters. As nearly as can be determined at this time, the estimated number of voters in the Panther Lake Annexation Area is 10,816. SECTION A. - Cost of Election. The City of Kent will pay for the cost of the annexation election. SECTION 6. - Annexation Area Property not to be Assessed or Taxed for City's Outstanding Indebtedness. It is the Intent of the City Council, as of the time of passage of this Ordinance, that the property within the Panther Lake Annexation Area should not, upon annexation, be assessed and taxed to pay for the City's outstanding indebtedness issued by voter approval or contract that the City incurred prior to, or that was existing at, the date of annexation. SECTION 7. - AnnexaUgn Area Zoning. The annexation area shall be subject to City of Kent land use and zoning regulations as provided by the Kent City Code. The City will undertake a zoning and comprehensive planning process immediately upon voter approval of the annexation, if that 3 Panther Lake Annexation - Submit to Voters and King County Boundary Review Board occurs. However, the City Council does not intend to conduct a pre- annexation proposed zoning regulation process as provided in RCWs 35A.14.330 and 35A.14.340. SECTION 8, - Certified CoOy of Resolution to be Filed. A certified copy of this Resolution, including all Exhibits, shall be filed with the legislative authority of King County and with the King County Boundary Review Board. SECTION 9. - Boundary Review Board Notice of Intent. The City Clerk shall file a Notice of Intent to annex the Panther Lake Annexation Area with the King County Boundary Review Board, as required by Chapter 36.93 RCW. SECTION 10, - Annexation Proposition. The City Clerk is authorized and directed to take those actions necessary to place an annexation proposition before the Panther Lake Annexation Area voters at the election date directed by the City Council, and the City Attorney is authorized and directed to prepare the ballot proposition and title for the annexation election for transmittal and approval by the King County Division of Records and Elections. SECTION 11, - Other Actions. The Mayor, or her designee, is authorized and directed to take all other actions reasonably necessary or attendant to this annexation election process, including provision of pertinent and appropriate information for the voter's pamphlet for this annexation. SECTION 12. - Severabilitx. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or 4 Panther Lake Annexation - Submit to Voters and King County Boundary Review Board invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 13. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTM 14,. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of September, 2008. CONCURRED in by the Mayor of the City of Kent this day of September, 2008. SUZETTE COOKE, MAYOR ATTEST: BRENDA]ACOBER, CITY CLERK ' APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 5 Panther Lake Annexation - Submit to Voters and King County Boundary Review Board I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the ' day of September, 2008. BRENDA JACOBER, CITY CLERK O:WvlgRewWtlonlPrRMrlakMnna.Eletlon.Aa 6 Panther Lake Annexation - Submit to Voters and King County Boundary Review Board Kent City Council Meeting Date September 2, 2008 Item No. 6A - 6B ' CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through Q. Discussion rAction 6A. Auuroval of Minutes. Approval of the minutes of the regular Council meeting of August 19, 2008. 6B. Ataroval of Bills. Approval of payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on August 19, 2008. Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/08 Wire Transfers 3369-3389 $6,745,801.44 8/15/08 Regular 623422-623956 3,181,778.60 Void Checks (355.84) Use Tax Payable 3,363.47 $9,930,587.67 Approval of checks issued for payroll for August 1 through August 15 and paid on August 20, 2008: Date Check Numbers Amount 8/20/08 Checks 306850-307173 $ 268,250.33 8/20/08 Advices 235048-235803 1,487,280.29 $1,755,530.62 Kent City Council Meeting KENT WA.S H I NOTO N August 19, 2008 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by ' Mayor Cooke. Councilmembers present: Albertson, Clark, Danielson, Harmon, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Bid Item A, 2008 Downtown Sidewalk Improvements, was removed from the agenda. Executive Session Item B, Labor Negotiations, was added to the agenda. B. From the Public. (CFN-198) No changes were made. ' PUBLIC COMMUNICATIONS A. Public Recoanition. (CFN-198) No public recognition was given. B. Community Events. (CFN-198) Ranniger announced that lifeguard coverage at Lake Meridian is ending soon, and that the fall Parks Program Guide is now available. She outlined Spotlight Series events and said West Fenwick Park's new full basketball court dedication is on August 26. C. Public Safety Report. (CFN-122) Police Chief Strachan updated statistics and reported on a graffiti grant, street racing, and Special Investigations Unit activities. Fire Chief Schneider reported on and answered questions about the Regional Fire Authority District. CONSENT CALENDAR ' Raplee moved to adopt Consent Calendar Items A through Q. Clark seconded and the motion carried. ' A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of August 5, 2008, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on August 5, 2008, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 7/15/08 Wire Transfers 3333-3349 $6,565,643.36 7/15/08 Regular 622357-622796 1,336,387.36 Void Check 621326 & 621756 0.00 Use Tax Payable 5,049.09 $7,907,079.81 1 Kent City Council Minutes August 19, 2008 Payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 5, 2008, were approved. ADaroval of checks issued for vouchers: ' Date Check Numbers Amount ' 7/31/08 Wire Transfers 3350-3368 $1,983,364.27 7/31/08 Regular 622797-623421 4,542,157.21 Void Check 623247,622996 &622960 (2,803.43) Use Tax Payable 2,432.46 $6,525,150.51 Checks issued for payroll for July 1 through July 15 and paid on July 18, 2008, were approved: Date Check Numbers Amount 7/18/08 Checks 306146-306505 $ 263,347.60 7/18/08 Advices 233542-234293 $1,517,794.96 $1,781,142.56 Checks issued for payroll for July 16 through July 31 and paid on August 5, 2008, ' were approved: Date Check Numbers Amount 8/5/08 Checks 306506-306849 $ 287,882.92 8/5/08 Advices 234294-235047 $1,518,178.41 $1,806,061.33 ' C. 1st Half 2008 Budget Adjustment Ordinance. (CFN-186) Ordinance No. 3887 for adjustments made between January 1, 2008, and June 30, 2008, totaling $12,213,824 was adopted. D. Disposal of Surplus Vehicles and Eguipment. (CFN-136) Staff was authorized to surplus 11 vehicles and miscellaneous equipment described in the Public Works Director's memo of August 04, 2008. E. Jason Engineering & Consulting Contract, 2008 Downtown Sidewalk Improvements. (CFN-1238) The Mayor was authorized to sign a consultant contract in the amount of $87,525 between the City of Kent and Jason Engineering & , Consulting Business, Inc. for the purpose of providing materials testing and inspection services related to the 2008 Downtown Sidewalk Improvements Project, subject to approval of final terms and conditions by the City Attorney and Public , Works Director and subject to approval of the limited tax general obligation bonds. F. Amended and Restated Levee Easement Agreement. (CFN-1038) The Mayor was authorized to sign the Amended and Restated Levee Easement Agreement and all other related agreements, subject to final terms and conditions acceptable to the City Attorney. 2 Kent City Council Minutes August 19, 2008 G. Countywide Plannina Policy Amendment, Annexation Area Resolution. (CFN-961) Resolution No. 1792 ratifying the proposed amendments to the Countywide Planning Policies (CPP) approved under County Growth Management Planning Council Motion Nos. 07-1, 07-2, 07-4, 08-1, 08-2, 08-3 and 08-4, amending the Interim Potential Annexation Area Map and CPP LU-31 and LU-32 was adopted. H. Midway Subarea Plan Interlocal Agreement Modification. (CFN-1315) The Mayor was authorized to sign an amendment to the Interlocal Agreement between the City of Kent and the City of Des Moines regarding the Midway Planning Project revising the study area map to include five parcels of properties zoned Mobile Home Park. I. Department of Justice Weed & Seed Program Second Year Grant. (CFN-122) Grant funds in the amount of $149,555 from FY2008 Weed & Seed Competitive Program funding through the Department of Justice were accepted and the Mayor was authorized to sign all required documents, subject to final terms and conditions acceptable to the City Attorney. J. Keep America Beautiful Graffiti Hurts Grant. (CFN-122) Grant funds in the amount of $2,000 which will be used to follow a "best practice" for graffiti removal and start a program called "Adopt-A-Spot", engaging the community to take ownership over certain areas of the City blighted with graffiti were accepted. K. Washington Auto Theft Prevention Authority Grant. (CFN-122) Grant funds in the amount of $1,030,000 was accepted, the Police Department will serve as the fiscal agent for the Washington Auto Theft Prevention Authority (WATPA) grant, and the Mayor was authorized to sign all necessary grant documents, subject to final terms and conditions acceptable to the City Attorney. L. Jared Grant Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Jared Grant Short Plat for 105 linear feet of streets, 1 sanitary sewer manhole, and 1 storm sewer catch basin was accepted. The project is located at 27817-144th Avenue S.E. M. Scalzo Bill of Sale. (CFN-484) The Bill of Sale for Scalzo for 2618 linear feet of sanitary sewer and 25 manholes was accepted. The project is located at 21215-42nd Avenue South. N. Kentview Bill of Sale. (CFN-484) The Bill of Sale for the Kentview Roundabout for 1674 linear feet of streets, 5 linear feet of storm sewer line and 1 catch basin was accepted. The project is located at S. 216th Street/42nd Avenue South. O. Public Safety Testing Revised Agreement. (CFN-122) The Mayor was authorized to sign the renewal agreement between the Kent Police Department and Public Safety Testing, Inc., as the testing service for entry level police officers. 3 Kent City Council Minutes August 19, 2008 P. Cyberstalking Statute for Enforcement in Kent Ordinance. (CFN-122) Ordinance No. 3888 which amends the Kent City Code in order to adopt by reference RCW 9.61.260 related to the crime of cyberstalking for enforcement in Kent was , adopted. Q. Kent Corrections Facility Programs and Kent Police Department Fees , Resolution. (CFN-122) Resolution No. 1793 relating to a fee schedule established for the Kent Corrections Facility Programs and fees for the Kent Police Department was adopted. OTHER BUSINESS A. Limited Tax General Obligation Bonds. (CFN-104) CAO Hodgson explained that the 2008 budget contains the plan to issue $20 million in LTGO debt for the East Hill Shops, the Technology Plan, and Downtown Sidewalks. Other projects which need funding during this year have surfaced, and the original amounts needed for ' the next two years on the planned projects has been reduced. Increased expenses to the Events Center and required renovations to the Municipal Court, along with the reduction to existing projects, result in a $24 million request. Finance Director Nachlinger explained that he is attempting to keep the bond issue as short as possible, so that the amount of interest which must be paid is less and so that the total annual cost for the LTGO debt goes down, in this case by $300,000 a year. He noted that the policy is not to let the total LTGO debt be more than 15% of General Fund expenditures, and that the City is currently at 10.76%. He added that ' this bond issue will raise that debt to 11.3%. He noted that final maturity would be in 2025. He explained how the debt will be paid and answered questions from Councilmembers regarding the City's credit rating if it takes on more debt, the ' difference between taxable and non-taxable bonds, traffic congestion, and downtown sidewalks. Nachlinger pointed out that a substitute ordinance has been distributed to Councilmembers and that the only difference from the ordinance in the agenda is that it gives the possibility, should it be necessary, to issue taxable bonds. Raplee moved to adopt Ordinance No. 3889 providing for the issuance and sale of Limited Tax General Obligation bonds to fund various City projects in the amount of $24,000,000. Thomas seconded. Councilmembers Clark, Albertson and Ranniger spoke against the motion, citing concern about the City's indebtedness. Councilmembers Danielson, Harmon and Raplee spoke in favor of the motion, noting that the cost of some of the projects has , been trimmed, that the two additional projects are necessary, and that the bond rating hasn't changed since the last bond issue. Upon a roll call vote, the motion carried 4-3 with Danielson, Harmon, Raplee and Thomas in favor, and Albertson, Clark and Ranniger opposed. REPORTS , A. Council President. (CFN-198) No report was given. 4 Kent City Council Minutes August 19 2008 B. Mayor. (CFN-198) Mayor Cooke brought greetings from Sunnjford, Norway, Kent's Sister City which she recently visited. She added that SCATBd will take a position on congestion tolling next month. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be held at 5:00 p.m. on August 21, 2008. E. Planning and Economic Development Committee. (CFN-198) Albertson noted that a welcoming ceremony for the Thunderbirds will be held at 5:00 p.m. August 201h in Kherson Park. F. Public Safety Committee. (CFN-198) No report was given. G. Public Works Committee. (CFN-198) Ranniger noted that the September 1 meeting will be cancelled due to the holiday, and that agenda items scheduled for that date will appear on the September 15 agenda. H. Administration. (CFN-198) CAO Hodgson reminded Councilmembers of their retreat on Thursday and Friday, August 21 and 22. He noted that there are two items of property acquisition and one item of labor negotiations for discussion during the executive session, which should take approximately 30 minutes, with no action anticipated. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:17 p.m. and reconvened at 8:52 p.m. (CFN-198) ACTION AFTER EXECUTIVE SESSION No action was taken after the Executive Session. (CFN-198) ADJOURNMENT The meeting adjourned at 8:52 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 5 Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 6C 1. SUBJECT: 2009 ANNUAL BUDGET - SET DATE FOR 1ST PUBLIC HEARING 2. SUMMARY STATEMENT: Set September 16, 2008, as the date for the first of two public hearings on the 2009 Budget. 3. EXHIBITS: None 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 6D 1. SUBJECT: 2009-2014 CAPITAL IMPROVEMENT PLAN - SET DATE FOR 1ST PUBLIC HEARING 2. SUMMARY STATEMENT: Set September 16, 2008, as the date for the first of two public hearings on the 2009-2014 Capital Improvement Plan. 3. EXHIBITS: None 4. RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ■ ACTION: Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 6E 1. SUBJECT: ADVANCED BROADCAST SOLUTIONS GOODS AND SERVICES FOR MULTIMEDIA DIGITAL UPGRADE PROJECT - APPROVE 2. SUMMARY STATEMENT: Approve the receipt and completion of goods and services from Advanced Broadcast Solutions in support of the Information Technology Multimedia Digital Upgrade project in the amount of $32,125.50 and ratify all actions consistent with this approval. 3. EXHIBITS: Memo 4. RECOMMENDED BY: Operations Committee, 8/19/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 5 INFORMATION TECHNOLOGY DEPARTMENT Mike Carrington, Director Phone: 253-856-4607 KENT Fax: 253-856-4700 W A S H I N G T O N 220 Fourth Avenue S. Kent, WA. 98032-5895 August 19, 2008 TO: Kent City Council - Operations Committee FROM: Mike Carrington, Information Technology Director THROUGH: n/a SUBJECT: Goods & services ratification - Advanced Broadcast Solutions MOTION: Move to recommend that Council ratify the receipt and completion of goods and services from Advanced Broadcast Solutions in support of the IT Multimedia Digital Upgrade project at a cost of $32,125.50. SUMMARY In support of the digital upgrade project, the following list of integrations, installations, and furniture acquisitions were completed: 1. Multimedia System Integration Coupling and integration of new digital systems for video capture, broadcast, non- linear editing, and video bookmarking. This functionality allows for the continued capture, editing, and broadcast of channel 21 council meetings, special programs, and public education and government programming. 2. Capture, Editing, and Broadcast Furniture Evaluation, selection and installation of complimentary equipment racks, cabling and multimedia programming/production furniture. DETAIL The primary function of this project was to secure a vendor who could install and integrate the digital upgrade products that were selected to support multiple multimedia systems being deployed. This work included the need to utilize components of the existing system throughout the installation. Ancillary tasks also included physical clean- up and reorganization of the original installation. These activities provide for the establishment of a safe, ergonomic and efficient video and audio production workspace/environment for City staff. BUDGET IMPACT Funding for these efforts fell within the scope of the 2007 Interim Tech Plan, adopted as part of the City of Kent 2007 Final Budget. Kent City Council - Operations Committee 1 Digital upgrade integration, February 5, 2008 installation, and furniture ratification Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 6F 1. SUBJECT: BRIDGE CONSULTING SERVICES FOR MULTIMEDIA DIGITAL UPGRADE PROJECT - APPROVE 2. SUMMARY STATEMENT: Approve the completion of professional services by Bridge Consulting in support of the Information Technology Multimedia Digital Upgrade project in the amount of $40,000, and ratify all actions consistent with this approval. 3. EXHIBITS: Memo 4. RECOMMENDED BY: Operations Committee, 8/19/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 7 INFORMATION TECHNOLOGY DEPARTMENT Mike Carrington, Director Phone: 253-856-4607 KEN T Fax: 253-856-4700 WASHINGTON 220 Fourth Avenue S. Kent, WA. 98032-5895 August 19, 2008 TO: Kent City Council - Operations Committee FROM: Mike Carrington, Information Technology Director THROUGH: n/a SUBJECT: Consulting services ratification - Bridge Consulting MOTION: Move to recommend that Council ratify the completion of professional services by Bridge Consulting in support of the IT Multimedia Digital Upgrade project at a cost of $40,000. SUMMARY In support of the digital upgrade project, the following services were rendered: i. Project Management Project management oversight, risk mitigation and schedule coordination, milestone tracking, and project status reporting. 2. Business Requirements Gathering Capture, evaluation, and prioritization of business and software requirements. s. Business Process Reengineering Customer workflow gap analysis coupled with business process efficiency assessments. Business process change suggestions based on time, budget, management and staff priorities. 4. Contract Management Vendor contract outlines, drafts and negotiation support. DETAIL In our efforts to transition the Multimedia Division from outdated and failing analog equipment to more modern digital video and audio infrastructure, effective and efficient project management became a critical project success factor. Bridge Consulting Services successfully provided this discipline throughout the duration of several phases of the digital upgrades. Services have since been rendered and we are looking for Council's ratification of those services based on staff recommendation and successful project completion. BUDGET IMPACT Funding for these services fell within the scope of the 2007 Interim Tech Plan, adopted as part of the City of Kent 2007 Final Budget. Kent City Council - Operations Committee 1 Digital Upgrade&MM Workflow Management February 5, 2008 Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 6G 1. SUBJECT: AVANTI COMPUTER SYSTEMS RECEIPT OF GOODS FOR MULTIMEDIA WORKFLOW MANAGEMENT INFORMATION SYSTEM - APPROVE 2. SUMMARY STATEMENT: Approve the receipt of goods from Avanti Computer Systems in support of the Information Technology Workflow Management Information System in the amount of $44,348.90, and ratify all actions consistent with this approval. 3. XHIBITS: Memo 4. RECOMMENDED BY: Operations Committee, 8/19/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 9 INFORMATION TECHNOLOGY DEPARTMENT Mike Carrington, Director Phone: 253-856-4607 KEN T Fax: 253-856-4700 W A S H I N G T O N 220 Fourth Avenue S. Kent, WA. 98032-5895 August 19, 2008 TO: Kent City Council - Operations Committee FROM: Mike Carrington, Information Technology Director THROUGH: n/a SUBJECT: Goods receipt ratification - Avanti Computer Systems MOTION: Move to recommend that Council ratify the receipt of goods from Avanti Computer Systems in support of the IT Multimedia Workflow Management Information System at a cost of $44,348.90. SUMMARY In support of the Multimedia workflow management project, the following goods were received: 1. Avanti Workflow Management Software Graphic design, print and video recording customer request fulfillment software. Feature set includes: Accounting, real-time budget tracking, time tracking, performance measures, cost accounting, staging/workload estimates, web orders, web approvals, fulfillment/job status, job cost estimating and reporting. DETAIL In support of Multimedia's ability to fulfill staff requests for graphic design, print and video recording services we've deployed the first phase/components of the Avanti Workflow Management system. The strategic goal behind this project is to enable efficient and effective use of multimedia resources while improving customer service. The Avanti software will allow multimedia to efficiently receive staff orders for graphic design, printing and video recordings through a web based interface, estimate the cost of those requests, evaluate alternative solutions that might save staff time, cut delivery time and/or save money, track the progress and cost of a request's fulfillment process and then proactively notify the customer of job completion. Return on investment (ROI) analysis during the planning stage of the project forecasted a 2-3 year payoff for the total overall cost of the project (software & consulting) and a staff time dollar savings of approximately $56,000 annually after break even. Note: Ten year cumulative ROI = -$442,800. BUDGET IMPACT Funding for this project fell within the scope of the 2007 Interim Tech Plan, adopted as part of the City of Kent 2007 Final Budget. Kent City Council - Operations Committee 1 Digital Upgrade &MM Workflow Management February 5. 2008 Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 6H 1. SUBJECT: ST. VINCENT DE PAUL LEASE AGREEMENT FOR NEW CONNECTIONS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the lease agreement with St. Vincent De Paul to rent the city-owned building located at 412 West Titus Street. New Connections, a non-profit agency serving Kent residents, has been a tenant in the city-owned building located at 412 West Titus Street since June 2003. In consideration of this three-year lease agreement, the Lessee pays all maintenance and operation costs and other agreed tenant improvements to be made to the building, which improvements are described in Exhibit B attached to the lease agreement. 3. EXHIBITS: Lease Agreement 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: LEASE AGREEMENT BETWEEN THE CITY OF KENT AND ST. VINCENT DE PAUL - NEW CONNECTIONS THIS LEASE AGREEMENT (hereinafter "Lease") is entered into by and between the CITY OF KENT, a municipal corporation of the State of Washington, with offices located at 220 4th Avenue South, Kent, Washington 98032 (hereinafter "City"), and St. Vincent de Paul - New Connections, a Washington non-profit corporation in good standing, (hereinafter"Tenant"). RECITALS WHEREAS, the City owns certain property consisting of land and building legally described on the attached Exhibit A, and commonly known as 412 West Titus Street, Kent, Washington; and WHEREAS, it is the parties' desire to enter into a lease for Tenant's counseling and coordination of assistance service. NOW, THEREFORE, the City and Tenant agree as follows: AGREEMENT 1. PROPERTY. 1.1 Property Defined. The City leases to Tenant and Tenant leases from the City the real property described in Exhibit A, attached hereto and incorporated herein by this reference, located at 412 West Titus Street, Kent, Washington 98032, but subject to the exceptions and restrictions set forth in this Lease (collectively the "Property" or"Leased Property"). 1.2 Survey, Maps, and Plans. Tenant is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City. 1.3 Inspection. The City makes no representation regarding the condition P Y p 9 9 of the Property and/or improvements located on the Property. 2. TERM. 2.1 Term Defined. The term of this Lease from February 1, 2008, until the 31st day of January, 2010, (the Termination Date"), unless terminated sooner under the terms of this Lease. LEASE AGREEMENT - 1 (March 18, 2008) (Between City of Kent and St. Vincent de Paul - New Connections) 2.2 Right to Terminate Early. City and/or Tenant shall have the right to terminate the lease at any time during the Term upon one hundred eighty (180) days prior written notice of termination to the other party. 2.3 End of Term. Upon the expiration or termination of the Term, as applicable, Tenant shall surrender the Property to the City in the same or better condition as on the Commencement Date, reasonable wear and tear excepted. Non-permanent appliances, personal property, and trade fixtures shall be removed by the Tenant at the end of the Term. Any of the aforementioned items remaining at the end of the Term shall be moved off of the Property by the City at the Tenant's expense. 2.4 Hold Over. If Tenant remains in possession of the Property after the Termination Date, the occupancy shall not be an extension or renewal of the Term. The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party on thirty (30) days written notice. The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms. If the City provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the Termination Date and Tenant fails to do so within the time set forth in the notice, then Tenant shall be a trespasser and shall owe the City all amounts due under applicable law. 3. LEASE PAYMENT. 3.1 Monthly Payment. During the Term hereof, Tenant may occupy the leased premises rent free; in consideration of which Lessee shall: a. make all improvements at its sole expense, as outlined in Exhibit B; subject to a final inspection and the approval of the Kent Building Code Inspector and the Facilities Superintendent of the Kent Parks, Recreation and Community Services Department; and b. pay all costs associate with or arising out of the maintenance and operation of the leased premises as set forth herein. 4. OTHER EXPENSES. During the Term, Tenant shall pay the following additional expenses: 4.1 Utilities. Tenant shall pay all fees charged for utilities in connection with the use and occupancy of the Property, including but not limited to electricity, water, gas, and telephone service. 4.2 Proof of Payment. Tenant shall, if required by the City, furnish to the LEASE AGREEMENT - 2 (March 18, 2008) (Between City of Kent and St. Vincent de Paul - New Connections) City receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this Lease. 4.3 Failure to Pa . If Tenant fails to pay any of the amounts due under this Lease, the City may pay the amount due, and recover its cost from the Tenant. Tenant shall paid City said amounts due within thirty (30) days of written notice frm the City. If the City pays or advances any amounts for or on behalf of Tenant, including but not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials, costs of removal and disposal of improvements pursuant to Section 6 below, or other amounts not paid when due, Tenant shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%) per month from the date the City notifies Tenant of the payment or advance. S. USE. 5.1 Permitted Use. Tenant shall use the Leased Property to provide counseling and coordinated assistance to inmates who want to rejoin the community as productive members, and all uses incidental thereto, and for no other purpose without first obtaining the City's prior written consent. The inmates being served have been released from Kent, Regional Justice Center and other local area correctional facilities. 5.2 Restrictions on Use. Tenant shall not cause or permit any damage to natural resources on the Property. Tenant covenants and agrees that Hazardous Substances, as defined in Section 5.5, will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Property, except in accordance with all applicable laws. Tenant shall also not cause or permit any filling activity to occur on the Property. This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Property. Tenant shall neither commit nor allow waste to be committed to or on the Property. If Tenant fails to comply with all or any of the restrictions on the use of the Property set out in this Subsection 5.2, the City shall notify Tenant and provide Tenant a reasonable time to take all steps necessary to remedy the failure. If Tenant fails to do so in a timely manner, then the City may take any steps reasonably necessary to remedy this failure. Upon demand by the City, Tenant shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Property. The covenants contained in Section 5.2 shall survive expiration or termination of this Lease. 5.3 Conformance with Laws. Tenant shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations LEASE AGREEMENT - 3 (March 18, 2008) (Between City of Kent and St. Vincent de Paul - New Connections) regarding its use or occupancy of the Property. 5.4 Liens and Encumbrances. Tenant shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property. Should a lien be recorded against the Property arising from actions by the Tenant, Tenant shall have thirty days after written notice by City to remove the lien. 5.5 Definition - Hazardous Substance. "Hazardous Substance" means any substance which now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination or cleanup, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's Model Toxics Control Act ("MTCA"), RCW 70.105D.010 et seq. 6. IMPROVEMENTS. 6.1 Tenant-Owned Improvements. Tenant shall be responsible for all of Tenant's improvements to the Property. So long as this Lease remains in effect, Tenant shall retain ownership of all authorized Tenant improvements and trade fixtures it may place on the Property (collectively "Tenant-Owned Improvements"). Tenant-Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Property by the City or any Unauthorized Improvements as defined in Subsection 6.4 below. No Tenant-Owned Improvements shall be placed on the Property without the City's prior written consent. 6.2 Construction. Prior to any construction, alteration, replacement, removal or major repair of any improvements (whether the City-Owned or Tenant- Owned), Tenant shall submit to the City its plans which describe the proposed activity. The City shall have ten (10) days in which to review the proposed plans. The plans shall be deemed approved and the requirement for the City's written consent shall be treated as waived, unless the City notifies Tenant otherwise within the ten (10) days. The City's consent and approval shall not be required for any routine maintenance or repair of improvements made by the Tenant pursuant to its obligation to maintain the Property in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Property. The provisions of this section do not apply to obviate any permit requirements that may apply to the proposed activity. 6.3 Removal. Tenant-Owned Improvements shall be removed by Tenant by the Termination Date, so long as such removal does not damage the property and the property is restored to its original condition or better. If the Tenant-Owned Improvements remain on the Property after the Termination Date, they shall LEASE AGREEMENT - 4 (March 18, 2008) (Between City of Kent and St. Vincent de Paul - New Connections) become the property of the City without payment by Y.the City. An Tenant owned Y Improvements remaining on the Property at the end of the term that the City deems need to be removed shall be removed by the City at the Tenant's expense. 6.4 Unauthorized Improvements. Improvements made on the Property without the City's prior consent pursuant to Subsection 6.2 or which are not in conformance with the plans submitted to and approved by the City ("Unauthorized Improvements") shall immediately become the property of the City, unless the City elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at its option, require Tenant to sever, remove, and dispose of them. If Tenant fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Tenant for the cost of removal and disposal. 7. ASSIGNMENT AND SUBLETTING. 7.1 CityConsent Required. Tenant shall not sell convey, mortgage, q Y, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or the Property without the City's prior written consent which consent may not be unreasonably withheld by the City. In the event of such consent, each permitted transferee shall assume all obligations under this Lease. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Tenant. 7.2 Event of Assignment. If Tenant is a corporation, a dissolution of the corporation or a transfer (by one or more transactions) of a majority of the voting stock of Tenant shall be deemed to be an assignment of this Lease. If Tenant is a partnership, a dissolution of the partnership or a transfer (by one or more transactions) of the controlling interest in Tenant shall be deemed an assignment of this Lease. 7.3 Rent Payments Following Assignment. The acceptance b the City of Y 9 9 P Y Y consideration following an assignment or other transfer shall not constitute consent to any assignment or transfer. B. INDEMNITY. 8.1 The Cityshall not be liable for an Injury to an person or for an loss Y ] rY Y P Y of or damage to any property (including property of Tenant) occurring in or about the leased Property or the buildings thereon and caused by or resulting from any act or omission by Tenant any officer, agent, employee, guest, invitee, or visitor of Tenant; and, during the full term hereof, Tenant agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to LEASE AGREEMENT - 5 (March 18, 2008) (Between City of Kent and St. Vincent de Paul - New Connections) persons or property, to the extent arising on said Property, in or on said building, or on any areas adjoining the same, which is under the control or use of Tenant pursuant to this lease and arising out of or in connection with Tenant's use and occupancy of said Property. City agrees and covenants to indemnify, defend, and hold harmless the Tenant, its officers, employees, and agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgment of whatsoever kind or nature whether to persons or property, arising out of or in connection with the City's negligence in its performance under this Agreement. 8.2 Should a court of competent jurisdiction determine that this Lease 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 Tenant and the City, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TENANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually negotiated by the parties. The provisions of Section 8 shall survive the expiration or termination of this Lease. 9. INSURANCE. 9.1 General Commercial Liability Insurance. Tenant agrees to procure and maintain in force during the term of this Lease and any extension thereof, at its expense, general commercial liability insurance. This insurance shall be adequate to protect against liability for damage claims through public use of or from accidents or other liability arising out of Tenant's use or occupancy of the Property and buildings thereon. This insurance shall be in a minimum amount of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage which may be covered under a blanket policy. Tenant agrees that, if such insurance policies are not kept in force during the term of this Lease and any extension thereof, the City may procure the necessary insurance, pay the premium therefore, and that such premium shall be repaid to the City on demand. The City shall be named as an additional insured as to liability arising out of the Property and buildings thereon and the insurance of Tenant shall be the primary insurance as to said liability. 9.2 Certificate of Insurance. Tenant shall provide to the City documentary evidence, certified by the insurer, of all Insurance(s) required in this Lease. 9.3 Subrogation. The City shall not be liable to Tenant b way of g— Y ( Y Y subrogation or otherwise) or to any insurance company insuring the other party for any loss or damage to any building, structure, or other tangible property, or any LEASE AGREEMENT - 6 (March 18, 2008) (Between City of Kent and St. Vincent de Paul - New Connections) resulting loss of income, or losses under worker's compensation laws and benefits, even though such loss or damage might have been occasioned by the negligence of the City its agents or employees, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. Tenant shall, upon obtaining the policies of insurance required give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 10. MAINTENANCE AND REPAIR. 10.1 The City's Repairs. The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the Term. 10.2 Tenant's Repairs Alteration, Maintenance and Replacement. (a) Tenant shall, at its sole cost and expense, keep and maintain the Property, including the grounds, parking lot, and all improvements in good order and repair, in a clean, attractive, and safe condition. r (b) Tenant shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authority. (c) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by Section 6 above. 11. DAMAGE OR DESTRUCTION. In the event of any damage to or destruction of the Property or any improvements, Tenant shall promptly give written notice to the City. Unless otherwise agreed in writing, Tenant may reconstruct, repair, or replace the Property and any improvements or may terminate this Lease upon thirty (30) days written notice. . 12. DEFAULT AND REMEDIES. 12.1 Acts Constituting Default. Tenant shall be in default of this Lease on the occurrence of any of the following: (a) Failure of Tenant to make the improvements as set forth in Exhibit B; (b) Failure to observe or perform any of the covenants, conditions or provisions of this Lease, where such failure shall continue for a period of thirty LEASE AGREEMENT - 7 (March 18, 2008) (Between City of Kent and St. Vincent de Paul - New Connections) (30) days after written notice from City to cure the default; comply with any law, regulation, policy, or order of any lawful governmental authority; (c) Failure to comply with any other provision of this Lease; (d) Proceedings are commenced by or against Tenant under any bankruptcy act or for the appointment of a trustee or receiver of Tenants' property. 12.2 City's Remedies Upon Default. Upon an Event of Default, the City may terminate this Lease with thirty (30) days prior written notice to terminate and remove Tenant by summary proceedings or otherwise. The City may also, without terminating this Lease, relet the Property on any terms and conditions as the City in its sole discretion may decide are appropriate. If the City elects to relet, rent received by it shall be applied: (1) to the payment of any indebtedness other than rent due from Tenant to the City; (2) to the payment of any cost of such reletting; and 3) to the payment of the cost of any alterations and repairs to the Property. Any balance shall be held by the City and applied to Tenant's future rent as it becomes due. Tenant shall be responsible for any deficiency created by the reletting during any month and shall pay the deficiency monthly. The City's reentry or repossession of the Property under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents or other charges to be paid during the balance of the Term, unless the City gives a written notice of termination to Tenant or termination is decreed by legal proceedings. The City may at any time after reletting elect to terminate this Lease for the previous Event of Default. 13. ENTRY BY THE CITY. The City shall have the right to enter the Property at any reasonable hour to inspect for compliance with the terms of this Lease upon forty-eight (48) hours notice, unless an emergency exists in which event the City may enter immediately. 14. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: The City: Director of Parks Recreation and Community Services Y � Y City of Kent 220 Fourth Avenue South Kent, Washington 98032 Tenant: St. Vincent de Paul - New Connections Attn: Mayene Miller 412 West Titus Street Kent, Washington 98032 LEASE AGREEMENT - 8 (March 18, 2008) (Between City of Kent and St. Vincent de Paul - New Connections) A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. 15. MISCELLANEOUS. 15.1 Authority. Tenant and the person or persons executing this Lease on behalf of Tenant represent that Tenant is qualified to do business in the State of Washington, that Tenant has full right and authority to enter into this Lease, and that each and every person signing on behalf of Tenant is authorized to do so. 15.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns. 15.3 Headings. The headings used in this Lease are for convenience only and in no way define, limit, or extend the scope of this Lease or the intent of any provision. 15.4 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. 15.5 Waiver. The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease. The City's acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted. 15.6 Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. 15.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 15.8 Language. The word "Tenant" as used in this Lease shall be applicable to one or more persons, as the case may be. The singular shall include the plural, and the neuter shall include the masculine and feminine. If there is more than one Tenant, their obligations shall be joint and several. The word "persons," whenever used, shall include individuals, firms, associations, and corporations. 15.9 Invalidity. If any provision of this Lease shall prove to be invalid, void, LEASE AGREEMENT - 9 (March 18, 2008) (Between City of Kent and St. Vincent de Paul - New Connections) or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease. 15.10 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for King County, Washington. 15.11 Modification. Any modification of this Lease must be in writing and signed by the parties. The City shall not be bound by any oral representations or statements. 15.12 Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. 15.13 Quiet Enjoyment. The City covenants and agrees that Tenant, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said term without any interruption by the City, its successors or assigns, or any person or company lawfully claiming by or through it. 15.14 Duplicate Originals. This Lease Agreement may be executed in duplicate originals. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. ST. VINCENT DE PAUL - CITY OF KENT NEXV CONNECTI S. By: By: Print Name: Suzette Cooke Print Na �C= �j Its: Mayor Its: Date• Date 4oQ (Notary Acknowledgements Appear on Next Page) LEASE AGREEMENT- 10 (March 18, 2008) (Between City of Kent and St. Vincent de Paul - New Connections) STATE OF WASHINGTON ) . ss. COUNTY OF KING ) On this day of , 2008, before me a Notary Public in and for the State of Washington, personally appeared to me known to be the for the CITY OF KENT, a Washington municipal 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 This 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 STATE OF WASHINGTON ) . ss. COUNTY OF KING ) On this I day of , 2008 before me a ota P blic in and for the State of Washington person Ily appeared to me known to be the �c.n�n of St VINCENT DE 0A1111 -NEW CONNECTIONS, a Washington non-profit 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 This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. �VRLI c4•., t.l N C �: NOTARY PUBLIC, in and for a State of Washington ,4. _�° C, : o : residing at 'RoNa1t�a 4#6e My appointment expires QZ-21.-64 •� • q,E P:\C1�i4), il�s\OpenFiles\0365-2008\LeaseAgreement-St.Vincent-NewConnectlons.doc OF W LEASE AGREEMENT - 11 (March 18, 2008) (Between City of Kent and St. Vincent de Paul - New Connections) Exhibit A +' U ALL E t COUNTY TREASURER PLACE ADDRESS TO SEND t L PROP R PY TAX RELATED CUR RESPUNDME ALL TAX PARCEL NUMBERS ASSESSED YALUE IF TAX EXEMPT Name _.GH IVIF--H� T. Street 220 ON AVE S City/State/Zip iqgq LEGAL DESCRIPTION OF PROPERTY SITUATED IN ❑UNINCORPORATED COUNTY OR IN CITY OF Kent Street Address(ifproperty is Improved): A'gs 032 The west 68 feet of the north 5 feet of Lot 5 and the west 68 feet of Lot 6 in Block 12, Yesler's First Addition to the Town of Kent, according to the plat thereof recorded in Volume 5 of Plats, page 64, in King County, Washington. EXHIBIT B TENANT IMPROVEMENTS NEW CONNECTIONS 412 w. Titus Street 1. Paint interior walls and ceilings 2. Maintain smoke detectors per Kent City Code 3. Remove tree limbs 4. Provide and spread bark mulch around all landscaping 5. Replace gutters and downspouts 6. Clean Roof 7. Add diffuser under cabinet in kitchen 8. General clean up of yard and out-building 9. Other items to be added by Facilities Division Rental Agreement Exhibit B 4/11/2008 New Connections Ir 4 V. V I i I 4 V V V 4 .! V T. LA i ►nderson Agency Page: 002 Client#: 29168 NE CONK ACORDTM CERTIFICATE OF LIABILITY INSURANCE 6/04/M/DD/YYYY) 06/04/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bell-Anderson Ins.-Kent C/L ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 887 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 724 West Smith St. Kent,WA 98035-0887 INSURERS AFFORDING COVERAGE NAIC# INSURED INsuRERA. Philadelphia Insurance New Connections of South King County INSURER8: 412 W Titus INSURER C: Kent,WA 98032-1208 INSURER D; INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Rill UU1 PO EFFECTIVEPOLICY EXPIRATION N6 TYPE OF INSURANCE POLICY NUMBER DATEMM/ D/YY DATE MMIDD/YY LIMBS A GENERAL LIABILITY PHPK286586 02/25/08 02/25/09 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGES(RENTED $100 000 CLAIMS MADE FRO OCCUR MED EXP Any oneperson) $5 000 PERSONAL&ADV INJURY $1000000 GENERALAGGREGATE $2 00O 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 X1 POLICY PRO- JEC LOC A AUTOMOBILE LIABILITY PHPK286586 02/25/08 02/25/09 COMBINED ANY AUTO (Ea accident)SINGLE LIMIT $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND PHPK286586 02/25/08 02/25/09 X WCSTATu- OTH- EEL EMPLOYERS'LIABILITY WA Stop Gap E.L EACH ACCIDENT $1 000 000 ANY PROPRIEfORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE $1 000 000 If es,describe under E IAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1$1 000 0O0 % OTHER Professional PHPK286586 02/25/08 02/25/09 $1,000,000/incident $2,000,OOO/aggregate ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS "he certificate holder is additional insured for general liability, but only if required by written contract or written agreement per the ttached endorsement#PI-GLD-HS 04/07 See Attached Descriptions) ;ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF KENT DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL AS DAYS WRITTEN ATTN: ROSALIE GIVINS NOTICE TO THE CERMCATE HOLDER NAMED TO THE LEFT,B LIT FAILURETO DO SO SHALL 220 FOURTH AVE S IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98032 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CORD 25(2001/08)1 of 3 #181434 CJL ACORD CORPORATION 1988 mderson Agency Page: 003 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 10111)25-S(2001/08) 2 of 3 #181434 knderson Agency Page: 005 PI-GLD-HS(04/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy, If such specific coverage applies,the terms,conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy,unless otherwise noted on this endorsement. The following Is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages,consult the policy contract wording. Coverage Applicable Limit of Insurance Page# Damage to Premises Rented to You $1,000,000 2 Extended Property Damage Included 2 Non-Owned Watercraft Less than 58 feet 2 Medical Payments $20,000 2 Medical Payments—Extended Reporting Period 3 years 3 Athletic Activities Amended 3 Supplementary Payments—Bail Bonds $2,500 3 Supplementary Payment—Loss of Earnings $500 per day 3 Employee Indemnification Defense Coverage for Employee $25,000 3 Additional Insured-Medical Directors and Administrators Included 3 Additional Insured—Managers and Supervisors Included 3 Additional Insured—Broadened Named Insured Included 3 Additional Insured—Funding Source Included 4 Additional Insured—Home Care Providers Included 4 Additional Insured—Managers,Landlords,or Lessors of Premises Included 4 Additional Insured-Lessor of Leased Equipment—Automatic Status Included 4 When Required In Lease Agreement With You Additional Insured—Grantor of Permits Included 4 Limited Rental Lease Agreement Contractual Liability $50.000 limit 5 Damage to Property You Own,Rent,or Occupy $30,000 limit 5 Transfer of Rights of Recovery Against Others To Us Clarification 6 Duties In the Event of Occurrence,Claim or Suit Included 5 Unintentional Failure to Disclose Hazards Included 5 Liberalization Included 6 Bodily Injury—Includes Mental Anguish Included 6 Personal and Advertising Injury—Includes Abuse of Process, Included 6 Discrimination Key and Lock Replacement—Janitorial Services Client Coverage $5,000 limit 6 Page 1 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with Its permission. knaerson Agency page: 006 PI-GLD-HS(04107) A. Damage to Premises Rented to You 1.If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part,the word"fire"is changed to'fire,lightning,explosion,smoke,or leakage from automatic fire protective systems"where it appears In: a. The last paragraph of SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,Subsection 2. Exclusions; b. SECTION III-LIMITS OF INSURANCE,Paragraph 6.; c. SECTION V—DEFINITIONS, Paragraph 9.a. 2. If damage by fire to premises rented to you Is not otherwise excluded from this Coverage Part,the words"Fire lnsurance"are changed to"Insurance for fire, lightning,explosion,smoke,or leakage from automatic fire protective systems"where It appears In: a. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS,Subsection 4.Other Insurance, Paragraph b.Excess Insurance 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000;or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event,whether such damage results from fire,lightning, explosion,smoke,or leaks from automatic fire protective systems or any combination thereof. B. Extended"Property Damage" SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,Subsection 2, Exclusions,Paragraph a.Is deleted and replaced by the following: a. Expected or Intended Injury "Bodily Injury"or Property Damage7 expected or intended from the standpoint of the Insured. This exclusion does not apply to"bodily Injury"or"property damage"resulting from the use of reasonable force to protect persons or property. C. Non-Owned Watercraft SECTION I-COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions,Paragraph g.(2)Is amended to read as follows: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person,who with your consent,either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible Insurance" available to the Insured whether primary,excess or contingent. D. Medical Payments-Limit Increased to$20,000, Extended Reporting Period Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ,uC.t 5Utt 'mrcal:y raga: vU I PI-GLD-HS(04107) If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION Ill-LIMITS OF INSURANCE to the greater of. a. $20,000;or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. COVERAGE C MEDICAL PAYMENTS, Subsection 1.Insuring Agreement,the second part of Paragraph a.is amended to read provided that: (2) The expenses are incurred and reported to us within three years of the date of the accident; E.Athletic Activities SECTION I—COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2.Exclusions, Paragraph e.Athletic Activities is deleted and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. F. Supplementary Payments Under the SUPPLEMENTARY PAYMENTS-COVERAGE A AND B provision, Items 1.b.and 1.d. are amended as follows: 1. The limit for the cost of bail bonds is changed from$250 to$2,500;and 2. The limit for loss of earnings is changed from$250 a day to$500 a day. G. Employee Indemnification Defense Coverage Under the SUPPLEMENTARY PAYMENTS-COVERAGES A AND B provision,the following is added: 3. We will pay, on your behalf,defense costs incurred by an"employee"In a criminal proceeding. The most we will pay for any"employee"who is alleged to be directly involved In a criminal proceeding Is$25,000 regardless of the numbers of"employees",claims or"suits"brought or persons or organizations making claims or bringing"suits". H. SECTION 11-WHO IS AN INSURED Is amended as follows: 1. if coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a.is changed to read: a. Coverage under this provision is afforded until the and of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators-Your medical directors and administrators,but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of arty physician or psychiatrist In the treatment of a patient. Page 3 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with Its permission. knderson Agency Page: 008 PI-GLD-HS(04/07) b. Managers and Supervisors-If you are an organization other than a partnership or joint venture,your managers and supervisors are also insureds,but only with respect to their duties as your managers and supervisors. c. Broadened Named insured -Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However,coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for Its termination or the exhaustion of its limits of Insurance. d. Funding Source-Any person or organization with respect to their liability arising out of: (1) Their financial control of you;or (2) Premises they own,maintain or control while you lease or occupy these premises. This Insurance does not apply to structural alterations,new construction and demolition operations performed by or for that person or organization. e. Home Care Providers-At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers,Landlords,or Lessors of Premises-Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions:. This Insurance does not apply to: (1) Any"occurrence"which takes place after you cease to be a tenant In that premises. (2) Structural alterations,new construction or demolition operations performed by or on behalf of that person or organization. g. Lessor of Leased Equipment—Automatic Status When Required In Lease Agreement With You—Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing In a contract or agreement that such person or organization Is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to(lability for"bodily injury","property damage" or "personal and advertising injury"caused,in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional Insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the Insurance afforded to these additional Insureds,this Insurance does not apply to any"occurrence"which takes place after the equipment lease expires. h. Grantors of Permits—Any state or political subdivision granting you a permit In connection with your premises subject to the following additional provision: (1) This Insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit In connection with the premises you own,rent or control and to which this insurance applies: (a)The existence,maintenance, repair, construction,erection,or removal of advertising signs,awnings, canopies,cellar entrances, coal holes, driveways,manholes, marquees, hoist away openings,sidewalk vaults,street banners or decorations and similar exposures; or Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with Its permission. zaerson Agency Page: 009 PI-GID-HS (04/07) (b)The construction,erection,or removal of elevators;or (c)The ownership, maintenance,or use of any elevators covered by this Insurance. 1. Limited Rental Lease Aareement Contractual Llabtllty The following Is added to SECTION I—COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY,Subsection 2.Exclusions, Paragraph b.Contractual Liability: (3)Based on the named Insured's request at the time of claim,we agree to indemnify the named Insured for their liability assumed In a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to$50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. J. Damage to Property You Own. Rent or Occupy, SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,Subsection 2. Exclusions, Paragraph J.Damage to Property, Item(1)is deleted in its entirety and replaced with the following: (1)Property you own, rent,or occupy, including any costs or expenses incurred by you,or any other person,organizatlon or entity,for repair,replacement,enhancement,restoration or maintenance of such property for any reason,including prevention of injury to a person or damage to another's property, unless the damage to property Is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. K. Transfer of Rights of Recovery Against Others To Us As a clarification,the following Is added to SECTION IV—COMMERCIAL GENERAL LIABLITY CONDITIONS,Paragraph 8.Transfer of Rights of Recovery Against Others To Us: Therefore,the insured can waive the Insurer's Rights of Recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. L. Duties In the Event of Occurrence.Claim or Suit 1. The requirement In Paragraph 2.a.of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an"occurrence" or an offense,applies only when the"occurrence"or offense Is known to: a. You,if you are an individual; b. A partner,if you are a partnership;or c. An executive officer or Insurance manager,If you are a corporation. 2. The requirement in Paragraph 2.b.of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or"suit"as soon as practicable will not be considered breached unless the breach occurs after such claim or"suit"Is known to: a. You,If you are an individual; , b. A partner,If you are a partnership;or c. An executive officer or insurance manager,if you are a corporation. Page 5 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. uiaux-5cn Hguncy rage: uiu PI-GLD-HS(04107) M. Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance on your representations as to existing hazards,If you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure. N. Liberalization If we revise this endorsement to provide more coverage without additional premium charge,we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. O. Bodily Iniu -Mental Anctuish SECTION V—DEFINITIONS, Paragraph 3.is changed to read: "Bodily Injury": a. Means bodily injury,sickness or disease sustained by a person, and Includes mental anguish resulting from any of these;and b. Except for mental anguish, includes death resulting from the foregoing(Item a.above)at any time, P. Personal and Advertlslno Iniury—Abuse of Process. Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE Is not otherwise excluded from this Coverage Part,the definition of"personal and advertising injury"Is amended as follows:1. SECTION V— DEFINITIONS,Paragraph 14.1b.is revised to read: b. Malicious prosecution or abuse of process; 2. SECTION V—DEFINITIONS,Paragraph 14.is amended to include the following: "Personal and advertising injury'also means discrimination based on race,color,religion, sex, age or national origin,except when: (1)Done intentionally by or at the direction of, or with the knowledge or consent of. (a)Any Insured; or (b)Any executive officer,director,stockholder, partner or member of the insured;or (2)Directly or indirectly related to the employment,former or prospective employment, termination of employment,or application for employment of any person or persons by an insured;or (3)Directly or indirectly related to the sale,rental,lease or sublease or prospective sales,rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any insured;or (4)Insurance for such discrimination is prohibited by or held In violation of law,public policy, legislation,court decision or administrative ruling. The above does not apply to fines or penalties Imposed because of discrimination. The following additional coverage is added to A. COVERAGE 4.ADDITIONAL COVERAGES: Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. i11MVL JVII Arj Gllliy YQ.j�''C'i� V.�..�. PI-GLD-HS(04/07) 0. Key and Lock Replacement—Janitorial Services Client Coverage 1. We will pay for the cost to replace keys and locks at the "clients" premises due to theft or other loss to keys entrusted to you by your"client", up to a $5,000 limit per occurrence/$5,000 policy aggregate. 2. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, "employees", "managers", directors, trustees, authorized representatives or any one to whom you entrust the keys of a"client"for any purpose commit,whether acting alone or in collusion with other persons. 3. The following,when used on this coverage,are defined as follows: a. "Client"means an Individual, company or organization with whom you have a written contractor work order for your services for a described premises and have billed for your services. b. Employee 1.Any natural person: a. While in your service or for 30 days after termination of service; b. Who you compensate directly by salary,wages or commissions; and c. Who you have the right to direct and control while performing services for you;or 2.Any natural person who is furnished temporarily to you: a.To substitute for a permanent"employee"as defined in Paragraph 1.above,who Is on leave; or b. To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. 3. "Employee"does not mean: a. Any agent, broker, person leased to you by a labor leasing firm, Factor,commission merchant, consignee,independent contractor or representative of the same general character; or b. Any"manager",director or trustee except while performing acts coming within the scope of the usual duties of an"employee". c. "Manager"means a person serving in a directorial capacity for a limited liability company. Page 7 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with Its permission. l Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 6I 1. SUBJECT: SIEMENS TECHNOLOGIES, INC. AGREEMENT FOR HVAC MODIFICATIONS - AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign a three-year renewal agreement in the amount of $42,510 with Siemens Building Technologies, Inc. for the HVAC software support and city-wide upgrades, subject to final terms and conditions acceptable to the City Attorney. Siemens Building Technology, Inc. has provided APOGEE Software for the city- wide heating, ventilation and air conditioning (HVAC) computer system since 2002. 3. EXHIBITS: Draft Agreement 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: GOODS & SERVICES AGREEMENT between the City of Kent and Siemens Building Technologies, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Siemens Building Technologies, Inc. organized under the laws of the State of Delaware, located and doing business at 22€0°j�0 SSE 51st ST., Issaquah, Washington 98029, Dan Holmes-(425)392-9180 (hereinafter the "yeh'dor") AGREEMENT ,a, I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Provide Support service for APOGEE software for 'HVAC system in City Buildings located at various address in the City of Kent in accordance with the proposal dated July 24, 2008, as described in the Scope of Services attached and incorporated as Exhibit A. Vendor acknowledges and,understands that,it is not the City's exclusive provider of these goods, materials, or services and,,-that the City maintains its unqualified right to obtain these goods, materials, and services through, other sources. Ii. 7M,E:OF COMPLETION. '`Up6fi, the effective date of this Agreement, Vendor shall complete,the work`6nd provide all goods, materials, and services by July 31, 2011. III. COMPENSATION:-.'The City shall pay the Vendor an amount not to exceed Forty-Two Thousand, FiVe Hundred Ten Dollars and No/100 ($42,510.00), including, applicable Washington State Sales Tax, for the goods, materials, and services -contemplated, In this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: The Vendor shall invoice the City quarterly for services provided in the years 2008, 2009, 2010 ending July 31, 2011. The original term of 3 years beginning 8/1/2008 and from year to year thereafter. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall Siemens Agreement for HVAC Page 1 be liable to the Cityfor an additional costs incurred b the City. "Additional costs" Y Y Y shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may Issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively Siemens Agreement for HVAC Page 2 deemed to have been waived by the Vendor unless a timely written clam is made in strict accordance with the applicable provisions of this Agreement. At a minimum a Vendor's written claim shall include t he information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An 'analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants Siemens Agreement for HVAC Page 3 nods are merchantable, are fit for the articular purpose for which the were obtained, and will 9 p p p Y perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. Siemens Agreement for HVAC Page 4 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 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, including all appeals, 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 XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or 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 Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. Siemens Agreement for HVAC Page 5 I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Dan Holmes Charles (Charlie) Lindsey Siemens Building Technologies, Inc. City of Kent 22010 SE 51st St. 220 Fourth Avenue South Issaquah, Washington 98029 Kent, WA 98032 425-392-9180 (telephone) (253) 856-5081 (telephone) 866-635-1277 (facsimile) (253) 856-6080 (facsimile) APPROVED AS TO FORM: Kent Law Department selments2008contract Siemens Agreement for HVAC Page 6 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The Cityof Kent is committed to conform to Federal and State laws regarding equal opportunity. 9 9 q 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 - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 1 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 EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. 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 of 3 1 Overview 1.1 Executive Summary You have made a significant investment in your facility and its complex technical systems which are critical to the profitability and productivity of your overall business. This proposed service solution, our Service Agreement, will proactively serve to protect that substantial investment through a program of planned service tasks by our trained technical staff. This Service Agreement has been specifically developed to support your unique facilities, and the services provided herein will help you in achieving your facilities goals. With our technical support and guidance we will help optimize your buildings system performance, while identifying new energy savings opportunities and enhancements. 1.2 Siemens Capabilities & Commitment to Our Customers Siemens Building Technologies is the leading single-source provider of cost-effective facility performance solutions for the comfort, life safety, security, energy efficiency and operation of some of the most technically advanced buildings in the world. Siemens is pleased to offer this proposal for technical support services to your facilities. For more than 150 years, Siemens has built a culture of long-term commitment to customers through innovation and technology. We are confident that we have the capabilities to meet your critical facilities needs today and in the future,and we look forward to the opportunity to serve you. 2 Service Solution 2.1 HVAC CONTROL SERVICES - Automation 2.1.1 Technical Support Services Operator Coaching:Through our individual Operator Coaching,we will review and reinforce learned skills, leading to greater operator knowledge and productivity. This service will insure your operator's gain full utilization of the system implemented in your facility. Siemens will assist your staff in identifying,verifying and resolving problems found in executing daily tasks. During the coaching sessions,we can address log book and system issues,assist your operators in becoming more self- sufficient,and improve the skills of your operators to better meet the needs of your facility and their specific job responsibilities. Under this agreement we shall provide(8)hours of coaching,which will be conducted on normal business days and hours,during scheduled visits. Technology/Energy Audit:To ensure that your HVAC Control System meets your changing needs, Siemens will review your system,evaluating the current use of your HVAC Control System and what may have been changed or been modified in your daily facility operation that impacts the effectiveness of the system. Special emphasis will be made towards the identification of energy saving measures. Siemens will review applicable building control technologies,suggest possible new strategies or technologies that could be implemented to enhance your current system,and consider what changes,enhancements and/or upgrades should be made to facilitate your future plans. In addition,recommendations may be made about adding and/or modifying applications,sensors,points, panels and/or software where needed to improve building operation and performance. Once the review is completed,a written report of the findings and recommendations will be submitted during a scheduled meeting. This report will be provided annually. Customer Directed Support. With Customer Directed Support,Siemens will provide a trained and experienced automation specialist who will work under your direction. The intent of this service is to offer you labor assistance in performing specific tasks as described below, completing a special project,or to implement enhancements or modifications to your system. Included In this proposal are 16 Hours,of specialist time to perform the services as outlined below andlor other customer directed tasks as time allows. This time may be planned and utilized in consecutive days or various combinations: Typical scenarios are: ❑ Providing a specialist to complete special projects at the customer's direction. ❑ Participate in customer's evaluation and planning of future expansion and/or change of facility use. Research and document information required. ❑ Provide custom individual or small group training at any of the facilities. ❑ Providing a specialist for a specific period of time during facility startup and 1 or commissioning,or sometimes during a Re-commissioning of the facility. ❑ Evaluate and recommend where system efficiency may be enhanced and operation improved. ❑ Providing temporary staffing only when the customer's staff is ill or on vacation Emergency Online Response. Monday through Friday, 8:OOAM to 5:0OPM. System and software troubleshooting and diagnostics will be provided by remote technologies to provide faster response to emergency service requests and to reduce the costs and disruptions of downtime. We will respond within (4) hours, Monday through Friday, 8:OOAM to 5:OOPM, once receiving notification of an emergency, as determined by your staff and Siemens. We will furnish and install the necessary online service technology to enable us to remotely dial into your HVAC Control System, through a dedicated telephone line that will be provided by the facility. If remote diagnostics determine a site visit Is required to resolve the problem, a technician can be dispatched. Depending on your contract coverage, the on-site dispatch will be covered or will be a billable service call. Note: Online requests made after normal business hours will be invoice at the preferred customer rate. Emergency Onsite Response. Monday through Friday, 8:00AM to 5:0013M. Emergency Onsite Response will be provided to reduce the costs and disruptions of downtime when an unexpected problem does occur. Siemens will provide this service between scheduled service calls and respond within (4) hours, Monday through Friday, 8:OOAM to 5:OOPM, once receiving notification of an emergency, as determined by your staff and our office. Non-emergency calls,as determined by your staff and Siemens will be incorporated into the next scheduled service call. Note: All Emergency onsite responses will be invoiced at the preferred customer rate. 2.1.2 System Performance Updates &Upgrades Software Updates. Through this service,you will benefit from new features and enhancements that will improve building operations,take advantage of the latest version changes, while extending the life of your APOGEE investment. Siemens will provide you with software and documentation updates to your existing APOGEE software as they become available(approximately annually). Include is onsite training to familiarize you with the new features and their associated benefits. These updates deliver the benefits of Siemens Building Technologies'commitment to compatibility by design,a commitment unique in our industry. APOGEE workstations covered under this service are itemized in the List of Maintained Equipment. (Upgrades to PC's and related workstation hardware are excluded unless specified elsewhere.) 1 1 2.2 Maintained Equipment Table SIEMENS Siemens Building Technologies Service Agreement List of Maintained Equipment Equipment . Equipment Equipment City Serial Lot • • System Software Insight 3.X Performance Support and Advanced 1 Updates Updates Server Update Services Times per year):Software Update 1.0 System Software Insight 3.X 1 Performance Support and Advanced User 1 Updates Updates License Update Services Times per year): Software Update 1.0 1 1 1 i 1 Siemens Building 7/18/2008 Page 6 Technologies 1 1 Service Team An important benefit of your Service Agreement derives from having the trained service personnel of Siemens Building Technologies familiar with your buildings I systems. Our implementation team of local experts provides thorough, reliable service and scheduling for the support of your system. The following list outlines the service team that will be assigned to the service agreement for your facility. Your Assigned Team of Service Professionals will include: Sales Account Representative manages the overall strategic service plan based upon your current and future service requirements. Service Account Engineer or Team Leader is responsible for ensuring that our contractual obligations are delivered, your expectations are being met and you are satisfied with the delivery of our services. i Primary Service Specialist or Service Mechanic is responsible for performing the ongoing service of your system. Secondary Service Specialist or Service Mechanic who will be familiarized with your building systems to provide in-depth backup coverage. ' Service Operations Manager is responsible for managing the delivery of your entire support program and service requirements. Service Coordinator is responsible for scheduling your planned maintenance visits, and handling your emergency situations by taking the appropriate action. Service Administrator is responsible for all service invoicing including both service ' agreement and service projects. Siemens Building 7/18/2008 Page 7 ' Technologies 3 Siemens Building Technologies, Inc. 3.1 Signature Page and Investment By and Between: Siemens Building Technologies, Inc. City of Kent 22010 SE 51st St 400 W Gowe St Issaquah,Washington 98029 Kent,Washington 98032 Services shall be provided at Various, Kent,Washington 98032. Siemens Building Technologies, Inc. shall provide the services as outlined in the attached proposal dated ' 7/18/2008 and the attached terms and conditions. Duration:This agreement shall remain in effect for an original term of 3 Years beginning 8/1/2008 and ' from year to year thereafter. Investments: Year 1 8/1/2008 to 7/31/2009 $12,612 annually paid$3,163 quarterly Year 2 8/1/2009 to 7/31/2010 $12,996 annually paid$3,249 quarterly Year 3 8/1/2010 to 7/31/2011 $13,392 annually paid$3,348 quarterly ' Prices quoted in this proposal are firm for 30 days. Proposal accepted by: Proposal submitted by: ' Dan Holmes Account Executive Siemens Building Technologies, Inc. , Signature Date Signature Date ' Approved for Siemens Building Technologies, Inc. by: P.O.# Signature Date , Siemens Building 7/18/2008 Page 8 Technologies ' 3.2 Terms And Conditions SERVICE TERMS AND CONDITIONS(Rev.04107) the original.Exchanged or removed components become the property of SOT, Article 1: General except Hazardous Materials,which under all circumstances remain the property 1.1 (a) This Agreement constitutes the entire, complete and exclusive and responsibility of Customer. ' agreement between the parties relating to the services ("Serv/ces") to be 3.4 Unless agreed otherwise,Services do not include and SOT Is not responsible for provided by SOT and supersedes and cancels all prior proposals,agreements (a); (a)service or provision of consumable supplies,Including but not limited to and understandings, written or oral, relating to the subject matter of this batteries and haton cylinder charging;(b)reinstallation or relocation of Covered Agreement.Neither party may assign the Agreement or any rights or obligations Equipment; (c)painting or refinishing of Covered Equipment or surrounding hereunder without the prior written consent of the other except that either party surfaces;(d)changes to Services;(9)parts,accessories,attachments or other may assign this Agreement We affillates and SOT maygrant a securllyinterest in the devices added to Covered Equipment but not furnished by SOT;(f)fallure to ! Agreement; assign proceeds of the Agreement; and/or use subcontractors in continually provide suitable operating environment Inoluding,but not limited to, performance of the Services.The terms and conditions of this Agreement shall adequate space,ventilation,electrical power and protection from the elements; not be modified or rescinded except In writing,with the prior approval of the or(g)the removal or reinstallation of replacement valves,dampers,waterfiow Legal Departments of SOT and Customer and signed by duly authorized officers switches, venting or draining systems. SOT is not responsible for seises or managers of SOT and Customer. performed on any Covered Equipment other then by SBT or its agents. (b) Nothing contained in thls Agreement shall be construed to ghre any rights or 3.5 The Services shell be performed Ina manner consistent with the degree of oars benefits to anyone other than the Customer and SBT without the express written and skill ordinarily exercised by persons performing the owns or similar Services In the consent of both parties.All provislons of this Agreement allocating responsibility or same locale under simllar circumstances and conditions. liability between the parties shall survive the completion of the Services and termination 3.8 SOT shall perform the Services during Its local, normal working hours, of this Agreement unless otherwise slated in this Agreement. 1,2 This Agreement shall be governed by and enforced in accordance with the 3.7 SBT Is not required to conduct safety cr other tests,Install or maintain any ' laws of the State of Illinois. Any litigation arising under this Agreement shall be devices or equipment or make modifications or upgrades to any equipment brought In the State or Commonwealth In which the Services are provided to beyond the scope of this Agreement. Any request to change the scope or the Customer.The parties waive any right to a jury trial on matters arising out of this nature of the Services must be in the form of a mutually agreed change order, Agreement. effective only when executed by all parties hereto. 1.3 After the explration of the Initial Term,this Agreement shell automalioally renew 3.8 All reports and drawings speoffkdy prepared for and deliverable to Customer ! for successive periods equal to the initial Tenn beginning on the anniversary dale of pursuant to this Agreement rDeAwablao shall became Custo nees properly upon the Initial Tenn unless staled otherwise In the Agreemant. full payment to SBT.SBT may retain file copies of such Detverabtes.All other reports, 1.4 War party may terminate or amend this Agreement at the end of the Initial term notes, calculations, data, drawings, estimates, specifications, manuals, other or at the end of a renewal term by giving the other party at least sbdy(60)days prior documents and all computer programs,codes and computerized materials prepared written notice of such amendments or Intent not to renew. by or for SOT are Instruments of SBT work rInstnfinente)and shall remain SBT' 1.5 If,during or within 90 days after the term of this Agreement,Customer engages property.Siemens conveys no license to software unless otherwise expressly ' any SBT employee who has performed work under IN or any other agreement provided In this Agreement.All Deffwables and Instrumenta provided to Customer between Customer and SBT, Customer shall pay SBT an amount equal to the are for Permitted Users'use only for the purposes disclosed to SBT,and Customer employee's latest annual salary. shall not transfer them to others or use them or permit there to be used for any Article 2: Covered Equipment extension of the Services or any other purpose,vAthoot SOT'express written consent. If 'Covered equipment'shall mean that equipment expressly Identified as Any reuse of Dellverables or Instruments for other projects or locations without System Components In this Agreement.The Customer represents that at the the written consent of SBT,or use by any party other than Permitted Users,will commencement of this Agreement all Covered Equlpment Is In satisfactory be at Permitted Users'sole risk and without tablity to SOT;and,In addition to working condition and complies with all applicable codes. any other rights SBT may have,Customer shaft Indemnify,defend and hold SBT 2.2 If the fire or life safety system comprised of the Covered Equipment does harmless from any claims,losses or damages arising therefrom. not comply with all applicable codes or If removal of any Covered Equipment 3,9 Customer acknowledges that SBT,in the normal conduct of Its business, from coverage would compromise or Impair the Integrity or the compliance with may use concepts, skills and know-how developed while performing other ! law of any system or Services,and Customer falls to take corrective action,then contracts.Customer acknowledges the benefit which may accrue to It though SBT may terminate this Agreement without further obligation and retain all this practice, and accordingly agrees that anything in this Agreement monies received pursuant to this Agreement. notwithstanding Siemens may continue, without payment of a royalty, this 2.3 All testing and Inspection of any Covered Equipment provided for In this practice of using concepts,skills and know-how,developed while performing this Agreement will be performed at the time and place and In the manner deemed Agreement approprlate by SBT,In accordance with applicable law and the requirements of 3.10 The Customer represents that all Equipment Is In satisfactory working then current National Fire Protection Association("NFPA")guidelines and other condition. Except as set loth below,by the later of the first forty-five(45)days of this relevant standards.Customer Is solely responsible for,and hereby indemnifies Agreement,the first scheduled operational Inspection,or the first seasonal startup, and holds SBT harmless from and against,any liability arising from Customer's SBT will have Inspected all the Equipment.However,SBTmayextend tha testing and specification of a testing schedule other than then current NFPA or other inspection period for portions of EquuIpmeht relating to Fire Alarm and Life Safety applicable standards or laws, systems, provided that during the come of the year following execution of this 2.4 If the Covered Equipment Is altered or moved by any person,Including Agreannanl the entire system will be tested and' Irma es act forth In NFPA 72,or Customer, other than SBT or a person authorized by It, Customer shall as otherwise may be required pursuant to the law of the applicable jurisdiction. Immediately notify SBT in writing, and SBT reserves the right to perform a Testing and Inspection veil not be deemed to be aornplete until all of such Equipment reacoeptance test on,or, if necessary, a recommissioning of the system al has been so tested and Inspected.If SBT determines as a result of such Inspection Customer's expense.Reacceptanee tests will be performed In accordance with VA b andfor leafing that the Equipment is icort need of repdon within t,the Customer than current NFPA or other applicable requirements,and charged on a time and E ene so notified and shsh illr r moved r action coverage days,or such materials basis. Equipment shall�aulamatically removed from oohrerege hereunder. SBT will not be materials 3:Services bySBT gable or responsible for the continued Wing,makdenanc%ruin,replacement or Ar SBT shall es operating crabiltles of any portion of the Equipmenturrtll t has been Inspected only perform the identified Services for and upon Covered and/or tested end has been,t necessary,restorW to an acceptable irmal oxhditlon at Equipment. Custoner's sde expense. Any services proded by SBT In the course of such 3.2 SBT shall have no liability or obligation to continue providing Services In restoration will be separately charged,on a lime and materiais basis,and not Included ' the event Customer falls to (a) authorize a reacceptance lest or In fees pail hereunder. If IndNdual toms of Equipment cannot, in SBT%ads or recommissioning that SOT reasonably deems necessary(b)notlty SBT of any determination,be property repaired or replaced due to age,obsolescence,lack of modifications or changes to the Covered Equipment or unusual or materially �eirwwfssA or ash a result off excessive halm gas, wear aesdetmiorerdort,SOT may,materials, ton(10) changed operating conditions,hours of usage,system malfunctions or building days of such Inspectom,give written notice that It Is withdrawing such Items from alterations that may affect the Services;(o)provide the access to any site where image under this Agreement and adiust the amounts to be paid hereunder Services are to be performed;or(d)operate,service or maintain the Covered an ngly• Equipment In accordance with manurootureYs or supplier's Instructions or this 3.11 If the removal of Equipment from coverage would compromise or Impair the Agreement.After any of the aforesaid events 38T may terminate or suspend Integrity or compliance with law of any Fire Alarm and LUe Safety system,then SBT services under this Agreement Immediately,upon giving notice to Customer. to proMda a whiten statement thereof for execution by Customer. meetCusto and failure g Y p 9 9 fo execute such a atatemmant within ten(10)days wAtl vdd Ihta Agreement and release 3.3 Any repalrs and replacements of Covered Equipment as may be expressly SOT from any further obligations hereunder. Included In the Services are limited to restoring the proper working condition of Article 4: Responsibilities of Customer such Covered Equipment. SBT will not be obligated to provide replacement 4.1 Customer,wilhoutcasltoSBT,shall: Covered Equipment that represents significant capital Improvement compared to (a) Designate a contact person with authority to make decisions for Customer Siemens Building 7/18/2008 Page 9 Technologies regarding the Services and provide SST with Information sufficient to contact deem Customer to be in breach hereof and may enforce any remedies available such person In an emergency.If such representative cannot be reached,any to It hereunder or at law,Including without limitation,acceleration of payments request for work received from a person located at Customer's site wilt be and suspension or termination of Services at any time and without notice,and shag be deemed authorized by Customer,and SBT will,in Its reasonable discretion,act entitledto compensation In i f with suspension rvicesreftiara erperformed peil f orm�Any am and ount reasonably accordingly; paid (b) Provide or arrange without cost all reasonable provisions,means and access for within 30 calendar days of Invoice receipt shall accrue Interest from the date SBT to any site and the equipment where Services are to be performed; due,until paid,at the rate of 12%per annum.Customer shall reimburse SBT' , (o) Permit SBT to control andlor operate all controls, systems, apparatus, costs and expenses(Including reasonable attorneys'and witnesses'fees)Incurred for equipment and machinery necessary to perform the Services; collection under this Agreement.if Customer disputes any portion or all of an (d) Furnish SBT with all available Information pertinent to the SeMces; Invoice,it shall notify SBT In writing of the amount In dispute and the reason for Its (a) Obtain and furnish to SBT all approvals,permits and consents from government disagreement within 21 days of receipt of the Invoice.The undisputed portion shall authorities and others as may be required for performance of the SeMces except for be paid when due,and Interest on any unpaid portion shall accrue as aforesaid, , those SBT has expressly agreed in wrlUng to obtain; from the dale due until paid, to the extent that such amounts are finally cMaintain the Services site In a safe condition;notify SBT promptly of any site determined to be payable to SBT. onditions requiring special care;and provide SBT with any available documents 6.4 Except to the extent expressly agreed In this Agreement,SBT'(sea do not describing the quantity,nature,location and extent of such conditions; include any taxes,excises,fees,duties,permits or other government charges related (g) Comply with all laws and provide any notices required to be given to any to the Services.Customer shag pay such amounts or reimburse SBT for any arnounts govemment authorities In connection with the Services,except such notices SBT has It pays.If Customer claims a lax exemption or direct payment permit,it shall provide ' expressly agreed In this Agreement to give; 38T with a valid exemption certificate or permit and Indemnify,defend and hold SBT (h) Provide SBT with Material Safety Data Sheets(MSDS)conforming to OSHA hi)rJeess from any taxes,costs and penalties wising out of same. requirements related to all Hazardous Materials at the alto which may Impact the 6.5 Unless agreed otherwise,the pricing for each year after the Initial Term of SeMces; the Agreement and each year of each renewal of the Agreement shall be (1) Furnish to SBT any contingency plans related to the a(tw determined as the immediate prior year price plus a price escalator based upon 0) Furnish the specified operating environment,Including without limitation, the U.S. Department of Labor, Bureau of Labor Statistics Urban Consumer suitable,clean,stable,properly conditioned electrical power and other utilities, Price Index-All Urban Consumers U.S. All Items,1982-1984.100('CPI-U'). and In addition,each renewal term pricing shall be adjusted for any additions or (k) Maintain all Covered Equipment In good working order In compliance with deletions to Services selected for the renewal term.The price escalator shall be all applicable laws and service,repair and replace all Covered Equipment as the latest semi-annual CPI-U Identified above published prior to each annual necessary. anniversary.This escalator shall be applicable to each annual term,whether a ' (1) Perform Inspections and tests as Indicated in the Life Safely System renewal term or an annual term after the first year of the In at Term. Logbook and record same in the Life Safety System logbook. Artfole 8:Clxanges;Delays;ExcusedPerlonnance 4.2 Customer acknowledges that the technical and pricing information herein Is 6.1 As the SeMces are performed, conditions may change or circumstances proprietary to SBT and agrees not to disclose or otherwise make it avaiable to others. outside SBT'reasonable control(such as changes of law)may develop which require 4.3 Customer acknowledges that It Is now and shall be at all Umes In control of the SBT to expend additional costs,effort or time to complete the Services,In which case Services site. SBT shag not have any responsibility,duly or authority to direct, SBT shell notify Customer and an equitable adjustment made to the compensation supervise or oversee any employees or contractors of Customer or their work or to and time for performance.In the event conditions or circumstances require Services to provide the means,methods or sequence of their work or to atop their work.SBT'work be suspended or lemrinaled,SBT shag be compensated for Services performed and and/or presence at a alto shell not relieve others of their responsibility to Customer or for coats reasonable incurred In connection with the suspension or termination. to others. Except as expressly provided herein, SBT Is not responsible for the 6.2 SBT shell not be responsible for loss,delay,Injury,damage or failure of adequacy of the health, safety or security programs or precautions related to performance that may be caused by circumstances beyond Its control,Including Customers or it other contractors'activities or operoUons;the work of any other person but not limited to acts or omissions by Customer or Its employees,agents or or entity; or Customers alto conditions. SBT is not responsible for Inspecting, contractors,Acts of God,war,civil commotion,acts or omissions of government obseMng, reporting or correcting health or safety conditions or deficiencies of authorities, fire, theft, corrosion, good, water damage, lightning, freeze-ups, Customer or others at Customers site.So as not to discourage SBT from voluntarily strikes, lookouts, differences with workmen, riots, explosions, quarantine addressing such Issues, In the event SBT does make observations, reports, restrictions, delays In transportation, or shortage of vehicles, fuel, labor or , suggestions or otherwise regarding such Issues, SBT shall not be liable or materials. In the event of any such circumstances,SST shall be excused from responsible for same. performance of the SeMces and the time for performance shall be extended by a 4.4 Except as expressly slated In this Agreement, Customer is solely period equal to the time lost plus a reasonable recovery period and the compensation responsible for any removal,replacement or refinishing of the building structure equltabty adjusted to compensate for additional costs SBT Incurs due to such or finishes that may be required to perform or gain access to the Services. circumstances. 4.5 Customer alone shall act to protect life and property from the time a partial Article7:Warrant;Allocation of Risk , or full system failure occurs unlit SST notifies Customer that such system is 7.1 Labor for all Services under this Agreement Is warranted for 90 days after the operational or the emergency has been cleared. Customers actions shall work Is performed. Include all appropriate Interim safety precautions (such as a manual °tire 72 EXCEPT SUCH OBLIGATIONS EXPRESSLY STATED IN THIS welch"). SBT shall have no obligation to provide guards,fire watch personnel, AGREEMENT,SBT EXPRESSLY EXCLUDES AND DISCLAIMS ALL OTHER or other services following a system failure,except Services as are speolfioally WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING , provided for In this Agreement. WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR 4.8 Customer shall not attach to the system or Covered Equipment any device FITNESS FOR A PARTICULAR PURPOSE. SBT MAKES NO WARRANTY, that interferes with the Services or the proper operation of the system or EXPRESS OR IMPLIED,THAT ANY SERVICES PROVIDED HEREUNDER Covered Equipment. WILL PREVENT ANY LOSS, OR WILL IN ALL CASES PROVIDE THE Article6:Compensation PROTECTION FOR WHICH IT IS PERFORMED OR INTENDED. THE 6.1 Annual Feels)shall be adjusted for each year after the final year of the Initial EXPRESS WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS Term pursuant to the agreed Pdce Adjustment hereto and Incorporated herein. AGREEMENT MAY ONLY BE MODIFIED OR SUPPLEMENTED IN A Unless otherwise agreed In waiting,this Agreement Is not cancelable and the annual WRITING SIGNED BY AN OFFICER OF SBT. fee Is not refundable except as provided herein. 1.3 Customer hereby, for it and any parties claiming under it,releases and 6.2 Payments to be made under this Agreement wig provide for, and be in discharges SBT from any liability arising out of all hazards covered by consideration of,only SeMces specif oalN included under the Proposed Solution. All Customers Insurance,and all claims against SBT arising out of such hazards, , other Services,including but not Ilmlled o the following,shall be separate billed or including any right of subrogation by Customeea Insurance carrier,are hereby surcharged on a time and materials basis:(a)emergency Services armed at waived by Customer. Customers request, if Inspection does not reveal any deficiency covered by this 7.4 Anything herein notwithalanding, in no event shall either party be Agreement;(b)Services performed other then during SBT's normal working hours; responsible under this Agreement for Incidental, consequential, punitive, and(o)Service performed on equipment not covered by this Agreement. exemplary or special damages,Including without limitation lost profits,loss of 54 SBT shall Invoice annual Customer prior provided In this Agreement,annually y U not expressly use and/or lost business opportunities,whether arising in warranty,late or non- ' provided,then s h annual balls poor to the Start Date and annualty thereafter ec the delivery of any Services,tort,contract or strict liability,and regardless of whether anniversary of such Slant Date.Invoices are due and payable net cash upon receipt either party has been advised of the possibility of such damages and,In any unless Customer has applied and been approved for credit with SBT,In which case event, SBT' aggregate liability for any and all claims, losses or expenses the invoice Is payable within 30 calendar days of receipt by Customer a otherwise including attorneys fees)arising out of this Agreement,or out of any Services set forth In this Agreement.If any payment Is not received when due,,SST may may ( y Siemens Building 7/18/2008 Page 10 Technologies ' furnished under this Agreement,whether based In ocnlracl,negligence,slriot lees)arising out of any Oil or Hazardous Materials or from Customer's breaoh liability, agency,warranty, trespass,Indemnity or any other theory of liability, of,or failure to perform Its obligations under this Article. shall be limited,as liquidated damages,to the greater of$1,000 or 10%of the Article 10:Import/Export Indemnity total compensation received by SST from Customer under this Agreement SST 10.1 Customer acknowledges that SBT is required to comply with applicable reserves the right to control the defense and settlement of any claim for which export laws and regulations relating to the sale,exportation,transfer, SBT has an obligation to indemnify hereunder.The parties acknowledge that the assignment,disposal and usage of the Covered Equipmeni or Services pIce which SBT has agreed to perform Ile 99Mces and obligation,under this provided under the Contract,Including any export license requirements. Agreement is calculated based upon the foregoing limitation,of liability,and that Customer agrees that such Covered Equipment or Services shall not at any SBT has expressly relled on,and would not have entered Into this Agreement time directly or Indirectly be used,exported,sold,transferred,assigned or but for such understood god ands of otherwise disposed of In a manner which will result In non-compliance with such 7.6 It la understood and agreed by and between the parties That SBT la not an p Insurer and this Agreement Is not Intended to be an Insurance policy or a applicable export laws and regulations. It shall be a condition of the continuing substitute for an Insurance policy. Insurance, If any, shall be obtalned by performance by SBT of Its obligations hereunder that complanoe with such Customer. Fees are based solely upon the value of the Services, and are export laws and regulations be maintained at all times. CUSTOMER AGREES unrelated to the value of Customer's properly or the property of others on TO INDEMNIFY AND HOLD SBT HARMLESS FROM ANY AND ALL Customer's premises. COSTS,LIABILITIES,PENALTIES,SANCTIONS AND FINES RELATED TO Article 8:Ll nilations ofMalntenance or Service obligations NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS AND 8.1 SBT will not be responsible for the maintenance,repair or replacement of or REGULATIONS.. Services necessitated by reason of:(a)non-maintainable,non-replaceable orobsc�ete Article 11:Small Business Concem parts of the Equipment,including but not limited to ductwork,shall and tubes,heat 11.1 SBT shag adhere to FAR 62.219 8 regarding the'Utilization of Small exchangers, to pi unit cabinets,casings,,cooling material,slats an wiring,water Business Concerns',as t of Its Commercial Small Business Subcontracting end pneumatic piping,structural supports,cb)negligence, laver fill,slate and basins,etc. Agreement with the federaalar government. SBT's Ile Is to offer small business unless otherwise specifically slated herein;or(b)negligence,abuse,misuse,Improper g policy a Inadequate repairs or modifications, Improper operation, lack of operator concerns,Including smell disadvantaged businesses,women owned small - maintenance or skill, faiure to comply with manufacturer's operating and businesses,HUBZone small businesses,veteran owned small businesses and environmental requirements,Acts of God,or other reasons beyond Its contrd, SST service disabled veteran owned small businesses,the"maximum practical assumes no responsibility for any service performed on any Equipment other than by opportunity'to participate In performing contracts let by any commercial entity, SBT orris agents. local government or federal agency,Including subcontracts for subsystems. 8.2 SBT shall not be responsible for loss,delay,Injury or damage that may be assemblies,components,and related services for major systems. caused by circumstances beyond Its control,InobAng but not restricted to acts or omisslons by Customer or he employees or agents,Acts of God,war,cMl commotion, sots of govismmant,fire,theft,corrosion,flood,water damage,lightning,freeze-ups, computer viruses, program or system hackers,strikes,lookouts,differences with workmen, dots, explcstans, quarantine restrictions, delays In ttensporlatlon, or shortage of vehloles,fuel,labor or materials. 93 SBT Is not responsible for repairs,replacements or services to Equipment due to corrosion,erosion,Improper or Inadequate water treatment by others,electrolytic or chemical action,or reasons beyond b reasonable control. 8.4 SBT shall not be responsible for the removal or reinstallation of replacement valves, dampers,waterflow and tamper switches, airflow stations, and an other ff anently mounted Integral pipe or air duct component,AddltbnsIV SBT shell not 1 responsible for any van ng or draining of systems. Article 9:Hazardous Matedals Provisions 9.1 The Services does not Include directly or Indirectly performing or arranging for the deteollon, monitoring, handling, storage, removal, transportation, disposal or treatment of Oil or Hazardous Materials.Except as disclosed pursuant to this Article,Customer represents that,to Its best knowledge,there is no asbestos or any other hazardous or toxic materials, as defined In the Comprehensive Environmental Response,Compensation and Liability Act of 1980,as amended, the regulations promulgated thereunder,and other applicable federal,stale or local law ("Hazardous Meterlais), present at Customer's Sites where the Services are performed.SBT will notify Customer Immediately if It discovers or suspects the presence of any Hazardous Material.All Services have been priced and agreed to by SBT In reliance on Customer's representations as set forth In this Article.The presence of Hazardous Materials constitutes a change in this Agreement whose terms must be agreed upon by SBT before Its obligations hereunder shall continue, 9.2 Customer is solely responsible for testing, abating, encapsulating, removing, remedying or neutralizing such Hazardous Materials, and for the coats thereof.Customer Is responsible for the proper disposal of all Hazardous Materials and Oil that at any time are present at the Services site In accordance with all applicable federal,state,and local laws,regulations,and ordinances. Even It change order has been entered Into pursuant to this Article,SBT shell have the right to stop the Services until the alto 1, free from Hazardous Materials.In such event,SBT shall receive an equitable extension of time to complete the Services, and compensation for delays caused by Hazardous Materials remedlalion.In no event shall SBT be required or construed to take title, ownwship or responsibility for suoh Olt or Hazardous Materials.Customer shalt sign any required waste manifests In conformance with all government regulations,listing Customer as the generator of the waste. 9.3 Customer warrants that,prior to the execution of this Agreement,It shall notify SBT In writing of any and all Hazardous Materials which to Customer's best knowledge are present,potentially present or likely to become present at the Services site and shall provide a copy of any site safely policies,including but not Ilmited to look-out and tag procedures,chemical hygiene plan,MSDSs or other Items required to be disclosed or maintained by federal,state,or local laws,regulations or ordinances. 9.4 Customer shall Indemnify, defend and hold SBT harmless from and agalnst any damages,losses,costs,liabilities or expenses(Including attorneys' Siemens Building 7/18/2008 Page 11 Technologies Article I. Discounted Labor & Material Pricing As a Technical Support Program customer with an active agreement, you will receive the benefit of a discount from our standard labor rates and material prices. Standard rates and preferred customer rates are documented below. Please note: Rates are subject to change. Standard Straight Time Regular Overtime Sunday&Holiday Labor Rates: (M-F 8 AM to 5 PM) (M-F 5 PM to 8 AM, &Sat) excl.Holidays Automation $148.00 $193.00 $236.00 Specialist Engineer $156.00 $204.00 $250.00 Mechanic $143.00 $170.00 $209.00 Preferred Customer Straight Time Regular Overtime Sunday&Holiday Labor Rates: (M-F 8 AM to 5 PM) (M-F 5 PM to 8 AM, &Sat) excl.Holidays Automation $118.00 $154.00 $189.00 Specialist Engineer $125.00 $163.00 $200.00 Mechanic $115.00 $136.00 $167.00 BAU/FIS/SES Truck Fee** $SO charge per visit/call Mileage $.95 per mile Minimum On-Site Charge 2 hours Minimum On-Line Charge 1 hour Miscellaneous 2%of labor and materials for Automation/Fire/Security ' Miscellaneous 5%of labor and materials for Mechanical Material Rates: Customers with a current Technical Support Program will receive a discount of 50% less 20% off list on standard catalog pricing for Siemens Building Technologies product except products listed In the catalog with the @ sign which are limited to a 50%discount. Siemens Building 7/18/2008 Page 12 Technologies , Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 63 1. SUB]ECT: SMITH FIRE AGREEMENT FOR SECURITY SYSTEMS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to enter into an agreement with Smith Fire Systems, Inc., in the amount of $23,572.34 to monitor and test fire and burglar alarm systems city-wide, subject to final terms and conditions acceptable to the City Attorney. The Facilities division requested proposals for a city-wide security system for monitoring fire and burglar alarms, confidence testing, backflow device inspection, and underground vault inspection. Three proposals were received. Smith Fire Systems, Inc. was chosen for a three-year contract because it met all of the necessary proposal requirements and has supplied security systems to the City since 2004. 3. EXHIBITS: Draft Agreement 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: • KENO WAS HINOTON GOODS & SERVICES AGREEMENT between the City of Kent and Smith Fire Systems, Inc. THIS AGREEMENT is made by and between the City of Kent, '; ;Washington municipal r corporation (hereinafter the "City"), and Smith Fire Systems, Inc.rgrganked under the laws of the State of Washington, located and doing business at 1106 54thGAve. E., Tacoma, Wa. , Tim Duggan, (253)926-1880 (hereinafter the "Vendor"). ;yy` AGREEMENT .:. I. DESCRIPTION OF WORK. Vendor shall provide the following goods and_ materials: and/or perforMJhe following services for the City: Fire and Security monitorning and',,gonfidence testing?:; n,e the maintenance and annual testing of the fire supperssioQ..System in City Buildings. This contract will be in place for three years with option for tw ,,one year extensi"q04°s in accordance with the Vendor's July 18, 2008, proposal 'attached ah#Jncorporated as Exhibit A. 4 v Vendor acknowledges;,and understands that it-.is not the City's exclusive provider of these goods, materials, or services-and That=-the. City maintains its unqualified right to obtain these goods, materials, and ,servicesAllr..ougii-°oi hersources. II;. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete-the work and provide all good_s :materials, and services by August 31, 2011. III. COMPENSATION The City shall a the Vendor an amount not to exceed O Y pay Twenty-Three:Thousand, Five Hundred Seventy Two Dollars and 34/100 ($23,572.34 per year), ' including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule:; The Vendor shall invoice the City quarterly for service provided in the years beginning September 1, 2008, 2009, 2010 ending on August 31, 2011. Vendor shall submit invoices upon completion of the confidence testing and testing of the fire suppression systems either semi-annual or annual. i If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment ' from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further 1 reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested , only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the ! amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an , amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the ' Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. Smith Fire Systems Page 2 VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 1 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the ' procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall ' proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). Smith Fire Systems Page 3 VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. Smith Fire Systems Page 4 XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. 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 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, including all appeals, 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 XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless, notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or 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 Smith Fire Systems Page 5 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 Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or -in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this , Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: ' Tim Duggan Charlie Lindsey, Superintendent of Facilities Smith Fire Systems, Inc. City of Kent 1106 54th Ave E. 220 Fourth Avenue South Tacoma, Washington 98424 Kent, WA 98032 253-926-1880 (telephone) (253) 856-5081 (telephone) 253-926-2350 (facsimile) (253) 856-6080 (facsimile) APPROVED AS TO FORM: Kent Law Department ep artme n smlthflre3year2008 Smith Fire Systems Page 6 KENT W A S H I N O T O N 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: 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. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. 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 compiled fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 1200 By For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 SCOPE OF WORK KENT COMMONS 525 4Tx AVE.NORTH DESCRIPTION PRICE Fire Monitoring per month $24.00 Annual Confidence Testing 136 Devices $300.00 Security Monitoring with opening and closing information per month $24.00 One 1) Wet System Annual $154.00 Backflow devices Annual 4 $140.00 Internal Pipe Exam FDC Back Flush 5 Years $313.10 SENIOR CENTER 600 E. SMITH DESCRIPTION PRICE Fire Monitoring per month $24.00 Annual Confidence Testing 20 Devices $83.00 Security Monitoring with opening and closing information per month $24.00 One (1)Hood Semi-Annual $157.00 One 1 Wet System Annual $225.00 One (1) vault underground confined space Annual $60.00 Backflow devices Annual 3 $105.00 Internal Pipe Exam FDC Back Flush 5 Years $510.00 RIVERBEND 18 HOLE CLUBHOUSE 2019 W. MEEKER DESCRIPTION PRICE Fire Monitoring per month $24.00 Two 1 Security Monitoring per month $83.00 One (1) Security Monitoring per month with opening and closing information $24.00 Annual Confidence Testing 44) devices $179.00 Four 4 Backflow devices Annual $150.00 PAR 3 GOLF 2030 W. MEEKER DESCRIPTION PRICE Security Monitoring with opening and closing information per month $24.00 AlarmScopeof service 8/5/2008 DRIVING RANGE 2020 W.MEEKER DESCRIPTION PRICE Fire Monitoring per month $24.00 Security Monitoring with opening and closing information per month $24.00 Two 2 backflow device Annual $75.00 Annual Confidence Testing(18)Devices $120.00 One 1 Hood Semi-Annual $157.00 KENT CITY HALL 220 4Tx AVE. SO. DESCRIPTION PRICE Fire Monitoring per month $24.00 Annual Confidence Testing(completed during off hours 256 devices $614.00 One 1 Halon Annual(completed during off hours $210.00 Three 3 stand pipes Annual to be tested every five 5 ears due in 2010 $550.00 Three 3 backflow devices $105.00 POLICE DEPARTMENT 232 4Tx AVE . SO. DESCRIPTION PRICE Fire Monitoring per month $24.00 Annual Confidence testing 82 devices $222.00 One (1)wets stem annual $205.00 One 1 underground vault confined space Annual $60.00 Three 3 backflow devices $105.00 Internal Pipe Exam FDC Back Flush 5 ears $726.00 WATER TREATMENT PLANT 9001212TH STREET DESCRIPTION PRICE Fire Monitoring per month $24.00 Annual Confidence testing 18 devices $78.00 Four 4 backflow devices Annual $140.00 One(1)wets stem Annual $197.00 One (1) underground vault confined space Annual $ 60.00 Internal Pipe Exam FDC Back Flush 5 ears $890.00 AlannScopeof service 8/5/2008 CENTENNIAL CENTER 400 W. GOWE DESCRIPTION PRICE Fire Monitoring per month $24.00 Quarterly confidence testing(57)Devices $166.00 per quote Three 3 backflow devices $105.00 One (1) vault underground confined space Annual $ 60.00 , One 1 wets stem Annual $146.00 Dry system—Generator-Annual $373.00 Internal Pipe Exam FDC Back Flush 5 ears $612.01 CENTENNIAL CENTER GARAGE 400 W. GOWE DESCRIPTION PRICE Two 2) stand pipes to be tested every five 5 ears due in 2005 $600.00 KENT CORRECTION FACILITY 1230 S. CENTRAL DESCRIPTION PRICE Fire Monitoring per month $24.00 Annual Confidence testing 87 devices $233.00 One 1)Hood semi-annual $150.00 ea One 1 wets stem annual $225.00 One 1 dry system $125.00 Four 4 backflow devices annual $140.00 One 1)Dry-Pre Action $200.00 Six 6)Pre-Action Fire Protections stem $998.00 One 1 vault underground confined space annual $ 60.00 Internal Pipe Exam FDC Back Flush 5 ears $1310.60 KENT CORRECTIONS ANNEX t 8323 S. 259TH DESCRIPTION PRICE Fire Monitoring per month $24.00 Annual Confidence testing 43 devices $175.00 AlannScopeof service 8/5/2008 RESOURCE CENTER 315 E. MEEKER DESCRIPTION PRICE Fire Alarm Monitoring per month $24.00 Annual Confidence testing 41 devices $172.00 Security Alarm Monitoring opening and closing per month $24.00 HISTORICAL SOCIETY 855 E. SMITH DESCRIPTION PRICE Security Alarm Monitoring per month $18.00 LAGOONS ENGINEERING 22306 RUSSELL ROAD DESCRIPTION PRICE Security alarm per month $18.00 FIRE STATION 71 504 W. CROW DESCRIPTION PRICE Fire Monitoring per month $24.00 Annual Confidence testing 12 devices $65.00 One 1 wets stem annual $205.00 Three 3 backflow devices $105.00 One 1 vault underground confined space $ 60.00 Internal Pipe Exam FDC Back Flush 5 ears $382.50 1 FIRE STATION 72 2562014TH AVE SO DESCRIPTION PRICE Fire e Monitoring per month $24.00 Annual confidence testing 1 device $43.00 One 1 wets stem $204.00 Internal Pipe Exam 5 ears $643.00 AlannScopeof service 8/5/2008 FIRE STATION 73 , 26512 MILITARY RD SO. DESCRIPTION PRICE Fire Monitoring per month $24.00 Annual confidence testing 30 devices $105.00 One 1 wets stem annual $205.00 Four (4) backflow devices annual $140.00 One 1 vault underground confined space annual $ 60.00 Internal Pipe Exam FDC Back Flush 5 ears Done 6/2007 $382.50 STATION 74 24611 116TH AVE. SE DESCRIPTION PRICE Fire Monitoring per month $24.00 Annual Confidence testing 42 devices $132.00 One 1 wets stem annual $195.00 Six 6 backflow devices annual $210.00 One (1) dry overhead protection system $280.00 Two 2 vaults underground confined spaces annual $ 80.00 Internal Pipe Exam FDC Back Flush 5 ears Done 6/2007 $771.00 FIRE STATION 75 15635 SE 272ND DESCRIPTION PRICE Fire Monitoring per month $24.00 Annual Confidence testing(55) devices $161.00 One 1 wets stem $195.00 Internal Pipe Exam FDC Back Flush 5 ears Done 6/2007 $643.00 FIRE STATION 76 20676 72ND SO. DESCRIPTION PRICE ' Fire Monitoring per month $24.00 Annual confidence testing 93 devices $247.00 One (1) wets stem annual $204.00 Four 4 backflow devices annual $140.00 One 1 vault underground confined spaces annual $ 60.00 Internal Pipe Exam FDC Back Flush 5 ears $552.00 AlarmScopeof service 8/5/2008 FIRE STATION 76 GARAGE DESCRIPTION PRICE Security Monitoring with opening and closings per month $24.00 One 1 backflow device $35.00 FIRE STATION 77 20717132ND AVE SE DESCRIPTION PRICE Fire Monitoring per month $24.00 Annual Confidence testing 66 devices $186.00 Wets stem annual testing $135.00 Dry system annual testing $366.00 Four 4 backflow devices annual $140.00 Internal Pipe Exam FDC Back Flush 5 ears Done6/2007 $771.00 PUBLIC WORKS OPERATIONS 5821 S. 240'rx DESCRIPTION PRICE One 1 Backflow devices annual $35.00 KENT POOL 25316101st AVE SE DESPCRIPTION One 1 Backflow Device $35.00 AROUND THE CLOCK RENTAL PROPERTY 422 WEST TITUS STREET DESCRIPTION One 1 Backflow Device $35.00 AlarmScopeof service 8/5/2008 PUBLIC WORKS PUMP STATION 5 23825 98TH AVE S. DESCRIPTION One 1 Wet System Annual $120.00 Three 3 Back flow devices $105.00 Internal Pipe Exam(5 ears) $250.00 EAST HILL PUMP STATION SE 248TH AND 108TH SE DESCRIPTION One(1) Wet System Annual $120.00 Three(3)Back flow devices $105.00 Internal Pipe Exam 5 ears $250.00 NEELY SOAMES HOUSE 5311 S. 237TH PLACE DESCRIPTION One 1 Back Flow $35.00 NEW FIRE STATION 78 17852 SE 256TH WILL BE ADDED WHEN BUILT AlarmScopeof service 8/5/2008 iFire and Alarm Request for Proposals Northwest Fire Sys Columbia Fire Smith Fire Systems Inc Annual Monitoring Fire $ 8,640.00 Bid Incomplete $ 5,184.00 Annual Monitoring Burg $ 984.00 $ 1,428.00 Annual Monitoring Bury 0/C $ 3,948.00 $ 1,728.00 Annual Confidence Testing $ 7,161.00 $ 3,176.00 Backflow Devices Annual $ 3,010.00 $ 2,185.00 Vault Underground Annual $ 1,100.00 $ 560.00 Wet System Annual $ 1,650.00 $ 2,735.00 Halon Annual $ 250.00 $ 210.00 Hoods $ 2,250.00 $ 928.00 Stand Pipes every 5 yrs due 2005 $ 1,875.00 $ 1,150.00 Dry System Generator Annual $ 920.00 $ 1,344.00 PreAction Fire Protection System $ 1,728.00 $ 998.00 Total 33 516.00 21 626.00 Interanl Y Pipe Exam FDC 5 ears $ 5,625.00 $ 9,006.81 Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 6K 1. SUBJECT: AIR EXCHANGE, INC. AGREEMENT FOR MODIFICATIONS TO EXHAUST EXTRACTION SYSTEM - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to enter into an agreement with Air Exchange, Inc. in the amount of $68,554 for modifications and additions to the Plymovent Exhaust Extraction Systems at Fire Stations 73 and 75, subject to final terms and conditions acceptable to the City Attorney. The Plymovent Exhaust Extraction System is currently used at all fire stations. The modifications and additions will create a more efficient vehicle movement at the apparatus bays. Modifications will begin with Stations 73 and 75, and will continue to all fire stations, as future budgets allow. The Mayor waived the standard bidding requirements based on the Parks Department's finding that the goods and services it required were limited to a single source of supply. The estimated cost includes installation and delivery, but excludes applicable taxes. 3. EXHIBITS: Draft Agreement and Procurement Waiver 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling Director Phone: 253-856-5100 • Fax: 253-856-6050 KEN T WASH I N O T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 2, 2008 TO: Mayor Suzette Cooke FROM: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Waiver of Procurement Requirements — Plymovent Exhaust Extraction System Procurement from Air Exchange, Inc. REFERENCE: Section 3.70.080 Kent City Code Number 1.1.10 City of Kent Administration Policy FUNDING: Fire Exhaust Systems Project Number F20020 The Kent Fire Department and the Facilities Division recommend contracting with Air Exchange, Inc. to procure and modify the existing Plymovent exhaust extraction systems at Fire Station 73, located at 26512 Military Road South; and at Station 75, located at 15635 SE 272nd Street. The estimated cost of both projects is $68,554.00, and includes installation and delivery, but not applicable taxes. Air Exchange, Inc. supplied the Plymovent exhaust extraction system currently installed and used at all City Fire Stations. Kent City Code, Section 3.70, states it is in the city's best interest to use contractors with recognized experience and knowledge within a specialized area of expertise. Also, it is good maintenance practice to standardize manufacturers when considering inventory. Therefore, the Parks Department is asking for a written determination waiving the bidding requirements, detailed in Kent City Code Section 3.70 and the City of Kent Administration Policy Number 1.1.10. I oncur: y . j�Mayor Suzette Cooke Date PUBLIC WORKS AGREEMENT between City of Kent and Air Exchange, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Air Exchange, Inc. organized under the laws of t. State of California, located and doing business at 1185 San Mateo Avenue, San Bruno, CA 94066 �4-7179, Attention: Phil Herrera (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. ' Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Air Exchange, Inc. will provide and install Plymovent strait rail system for Station 73, located at 26512 Military Road So., and provide and install a sliding balancer track system for Station 75, located at 15635 SE 272nd Street, in accordance with the quote dated June 24, 2008, as described in the Scope of Services attached and incorporated as Exhibit A. l Contractt�,�'�� ,', er, represents that the services furnished under this Agreement will be performed in I accordancewith genera �epted professional practices in effect at the time such services are performed. TIME OF CO ) ,ETION. The parties agree that work will begin on the tasks described in Section I aboviunmediately up6riexecution of this Agreement. Upon the effective date of this Agreement, Contractor shall 'i nplete the wo described in Section I within 60 days. III. CO1V 1'1,' , SATI0'N�". The Cityshall a the Contractor a total amount not to exceed Sixty- eight � pay ty- eight thousand, five huh, fty four dollars and no/100 ($68,554.00), plus any applicable Washington State Sales Tax, for the and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retaina e. The City shall hold back a retaina a in the amount of five percent 5% of � Y g P ( ) any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor. C: Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Contractor 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. The City may terminate this Agreement for good cause. "Good cause" shall include,without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy orbec oming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take P[ymovent Systems Stations 73,75 Page 1 possession of all records and data within h 'p a w ith n the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable i adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable ! adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims,below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or(3)not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen(14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. PI ovent Systems Stations 73 75 Page 2 Ym Y g A. Notice of Claim. Provide a signed written notice of claim that provides the following l� p g information: 1. The date of the Contractors claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one- year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one(1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Plymovent Systems Stations 73,75 Page 3 Contractor or sub-contractor shall not b reason of race religion, color, sex age, sexual orientation national Y g � g > > 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. 1 Contractor 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. XII. INDEMNIFICATION. Contractor 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 Contractor'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 Contractor'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 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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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. XIII. INSURANCE. The Contractor 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. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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. XV. 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. Plymovent Systems Stations 73,75 Page 4 C. Resolution of Dis utes and Governing Law. This Agreement shall be governed b and p g.— � g Y 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' I performance of this Agreement, each party shall pay all its legal costs and attorneys fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3)business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. 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. j 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 Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor'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. CONTRACTOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (Title) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Plymovent Systems Stations 73,75 Page 5 Phil Herrera Mike HattruP, Project Coordinator Air Exchange, Inc. 220 Fourth Avenue South 1185 San Mateo Avenue Kent, WA 98032 San Bruno, CA 94066 (253) 8556-5082 (telephone) (206) 484-7179 (telephone)/(253) 815-6684 (facsimile) (253 856-6080 (facsimile) APPROVED AS TO FORM: Kent Law Department l Plymovent Systems Stations 73,75 Page 6 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY l 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- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White,Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I,the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200 � — By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 PROPOSAL Page 1 of 9 R EXCHANGE, INC. The Clean Air Specialists 1186 San Mateo Avenue Phone: 206-484-7179 660-871-2945 San Bruno,CA 94066 Fax: 253-815-6684 660-871-2948 Proposal submitted to: City of Kent Phone 253-8664400 Date 6/24/2008 Street 220 4th Ave S. Application Engineer Dick Bertani City,State and Zip Code Kent, WA. 98032 Job Locallon • Sta.75 15635 S.E 272nd St. Kent,WA. Fax: Customer Representative D/C Pat Pawlak Title Job Phone: We hereby submit estimate for our AIR CLEANING SYSTEM In accordance with the following: Two(2) Plymovent STRA-80 Strait Rail System w/Hose Pack#1 1 sensors and end stop $ 31,288.00 Two(2) Move two existing SBTA-21 b $ 450.00 Ductwork, installation hardware and miscellaneous parts $ 1,663.00 Material Subtotal: $ 33,401.00 Exclusions and notes: Electrical hook-up included Electrical Hookup: $ 200.00 Painting of-any kind not Included -Tailptife Modification (0): Special d,Awings not included Lifts&Other Expenses: $ 2,200.00 Permit fees of any kind not Included. Except electrical If needed. Approximate Freight: $ 1,432.00 Installation labor $ 7,600.00 TOTAL: $ 44,833.00 Performance Bond Included, PB cost for this job Is$1,400.00 8.900% Sales Tax $ 3,990.14 Total w/WSST: $ 48,823.14 Washington State Prevailing Wage Rules Apply Delivery of system will be within 4 to 5 weeks of proposal acceptance. Payment to be made as follows: Equipment due on delivery, balance due on completion of mechanical installation All material is guaranteed to be as spedded. All work to be Authorized Signature: completed In a workmanlike manner according to standard • practices. Any alteration or deviation from above specifications Involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. AD agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,tornado,and other necessary Note: This proposal may be with-drawn by Insurance. Our workers are fully covered by Workman's us If not accepted within 45 days. compensation Insurance. ACCEPTANCE OF PROPOSAL and TERMS AND CONDITIONS. (Pages 1 and 2,Inclusively.)The above prices,specifications and Terms and Conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. By signing where SIGNATURE: Indicated,you,as agent for the organization proposed,hereby authorized Air Exchange,Inc.to perform the work as specified on Page 1 of 2 of this proposal and agree and accept the Terms and DATE OF Conditions(Page 2 of 2)of this proposal. Payment will be made as ACCEPTANCE: outlined above. i PROPOSALPage 9 of 1 AIR EXCHANGE, INC. The Clean Air Speclallsts 1185 San Mateo Avenue Phone: 206-484-7179 660-871-2945 San Bruno,CA 94066 Fax: 263-815-6684 650-871-2948 - Proposal submitted to: City of Kent Phone 253-856-4400 Date 6/24/2008 Street 220 4th Ave S. Application Engineer Dick Bertani City,state and zip Code Kent, WA. 98032 Job Location Sta.73 16636 S.E 272nd St. Kent, WA Fax: Customer Representative D/C Pat Pawlak Tltla Job Phone: We hereby submit estimate for our AIR CLEANING SYSTEM In accordance with the following: One(1) Plymovent STRA-80 Strait Rail System w/Hose Pack#1 1 sensors and end stop $ 15,644.00 One(1) Move one existing SBTA-21b $ 226.00 Ductwork, installation hardware and miscellaneous parts $ 961.00 Material Subtotal: $ 16,830.00 Exclusions and notes: Electrical hook-up Included Electrical Hooku : $ 200.00 Painting of any kind n6t incteded Tailpipe Modification (0r Special drawings not included Lifts&Other Expenses: $ 1,350.00 Permit fees of any kind not included. Except electrical if needed. Approximate Freight: $ 841.00 Installation labor $ 4 500.00 TOTAL: $ 23,721.00 Performance Bond Included, PB cost for this job Is$760.00 8.900% Sales Tax $ 2,111.17 Total w/WSST: $ 25,832.17 Washington State Prevailing Wage Rules Apply Delivery of system will be within 4 to 5 weeks of proposal acceptance. Payment to be made as follows: Equipment due on delivery, balance due on completion of mechanical Installation All material is guaranteed to be as specified. All work to be Authorised Signature: completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications Involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,tornado,and other necessary Note: This proposal may be with-drawn by Insurance. Our workers are fully covered by Workman's us If not accepted within 45 days. compensation Insurance. ACCEPTANCE OF PROPOSAL and TERMS AND CONDITIONS. (Pages 1 and 2,inclusively.)The above prices,speclflcations and Terms and Conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. By signing where SIGNATURE: Indicated,you,as agent for the organization proposed,hereby authorized Air Exchange,Inc,to perform the work as specified on DATE OF Page 1 of 2 of this proposal and agree and accept the Terms and Conditions(Page 2 of 2)of this proposal. Payment will be made as ACCEPTANCE: outllned above. I +i i Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 6L 1. SUBJECT: S. 222ND ST. STREET VACATION RESOLUTION SETTING HEARING DATE - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. setting a public hearing date of Tuesday, October 7, 2008, regarding the vacation of the south one-half of S. 222nd Street, west of 92nd Avenue South and east of SR-167. When this item passed out of the Public Works Committee on August 18, 2008, the motion which carried incorrectly noted the hearing date as September 2, 2008. 3. EXHIBITS: Map, Resolution and Street Vacation Application 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A j Currently in the Budget? Yes No '* 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH 6N OTON Address: 220 Fourth Avenue S. , Kent, WA 98032-5895 Date: August 14, 2008 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: From: Mike Gillespie, Development Manager Through: Larry Blanchard, Public Works Director Subject: Vacation of a portion of SE 222"d Street Motion: Recommend uncil adoption of a resolution setting a public hearing date of Tuesday, fuser-9, 2008 for the vacation of the South one-half of SE 222"d of St, West 92"d Avtte SO. and East of SR-167 QG O(p�,�►• 7 Background/Summary: S.222"d Street was dedicated to the public as part of the 1890 plat Shinns Cloverdale Addition to Kent. The City owns all properties on the north side abutting the north half of the road unaffected by the proposed vacation. This portion of 222"d dead-ends at SR-167. A Forest Hills Sepa condition requires the vacation. co W RXAt3 J2611 198E 3�St 18$8•/ t876 1001 19 PRO QQy5 •�--VACMM ARBA i S3 F t• 1000 1 1958 8210 1 11-95 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, regarding the vacation of the south one-half of S. 222nd Street, west of 92nd Avenue South and east of SR-167, as dedicated by the Shinns Cloverdale Addition to Kent according to the plat recorded in Volume 6 of Plats at page 52, and located in the City of Kent, King County, Washington; and setting the public hearing on the proposed street vacation for October 7, 2008. RECITALS A. A petition, attached as Exhibit A, has been filed to vacate the south one-half portion of S. 222nd Street, west of 92nd Avenue South and east of SR 167, located in the City of Kent, Washington. B. The petition is signed by the owners of at least two-thirds of the real property abutting that portion of S. 222nd Street to be vacated. C. The petition is in all respects proper. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 S. 222"d St. Street Vacation- Set Public Hearing Date RESOLUTION SECTION 2. - Public Hearing. A public hearing on the street vacation petition requesting the vacation of a portion of S. 222nd Street, west of 92nd Avenue South and east of SR 167, shall be held at a regular ' meeting of the Kent City Council at 7:00 p.m., Tuesday, October 7, 2008, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. SECTION 2. - Notice. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Chapter 35.79 RCW. SECTION 3. - Information. The Public Works Department's Development Review Manager shall obtain any other necessary information from appropriate departments and shall transmit the information to the Council so that the Council may consider the matter at its regularly scheduled meeting on October 7, 2008. SECTION 4. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION S. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. t SECTION Effective Date. This resolution shall take effect and j be in force immediately upon its passage. nd 2 S. 222 St. Street Vacation Set Public Hearing Date PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of September, 2008. CONCURRED in by the Mayor of the City of Kent this day of September, 2008. SUZETTE COOKE, MAYOR ATTEST: BRENDA )ACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. �! passed by the City Council of the City of Kent, Washington, the day of September, 2008. BRENDA )ACOBER, CITY CLERK P.1aoWMoluMon4ti'NK-Sf12bW5bMbPWMdWNnpAot 3 S. 222"d St. Street Vacation- Set Public Hearing Date EXHIBIT 9 T WVAS E 5y ao3i $� APR,LCAxr��®ems Ib�►Es, ,�►�. 1 TOE tom., anowimm � ASOMMKAK .= d n0i.rA�weee 1��yo FIFA IMMM . B'I'ftW AIGM AUM VACAT"APPI,ICA'nOM AM MZTTION Daarbl�porM/IGwtQ4'C1e� etiaraieeel�ad pe awe.Y r ip -Oft►eaeLaeet MMtaeeeda O A ft pne�do eI 41.0 r/iW, BURR/TAT MM WW VACATION 0 3MM BOUCW A "$U" vwuwi* ad mm*m s apart awes be sbtei W km a M Oowpwq nd w,�mOnd vY ib mod— !et owv A ie obafts pmp@Wn 60 NL-A—A--m AM *a wola mWW eew Kai ndp Knee bee dm 1"-3W Kie aaa sm*A hr wadmL 940TV w Beret w'*ksd AUSUTIUM PRRGMMff OWN= TAX LOT• IIMAIVUW AND ADORaIil L f,BLOCK A PLA7YM7VWN.R.Q ��6N ALt o;1564"i? =tlbM6se.lii 7tiraertnrs Raa*e tiwt Appeded Fee pldi ww Lai vdnb i Raae*1 MW Dod Are"M Debt T"Aaeplei Dabs -- ■ NORRIS I�es�id,MfA�Q4D MM H O M E. S Tel � z� narrIsha meal nc,ca May 2l,2m Noais Honor seeks to vacda this=WWroved ROW to SBPA condition No. S(#EW-ZW4-0 -KIVA*M4-VM of dw Forrest Hills developoaent,which maadates that nU Owner/Subdivider shall either petition for strs,t vacation for the timoperned rights-of-way along the property's north and east boundaries,or oor*uot interim public street imp3o within these public rights-of-Garay. This condition has bees aided to eududs the®eoesary vacation of the eastern boundary. 1 11 r-lw �- •1 LOT 4 Qv; ril S.P. 70-14 I I4C.NO. 7800330775 UX Lot 0300 %a LOT 0240 TAX LOT 0270 I (WAXTAX loi 0301 464 33� LAW 3 �. ??.2�D STFAMT g 1 Q.s' mow-.of—OKAY I Tm Lot 6225 ze �O ba Q TAX LOT 0223 W( LOT SM ; ux LOTJ 0221 I • TAX L01 M3 JW e ►ma c row "w" W� For. 11370 mmoulm FOREST HILL �r � �TJ7�.00lS.DOC . Mrs+-am Luc Tmws++Err y cm PNN=04% L" RIGHT-OF-WAY ^AWA amw*� VACATION 1 1 12 LEGAL DESCRFrION FUGW-ORWNAY VACATION That portion of the South half of Soulh 222nd Skeet Lane as dedkreted St*m f►�Dfe ? by C bvwdale AddWon to Kent c,a a d q b pIM recorded In Verne a of Plate at paps 52, Records of King County, Wa"VW. In M» Soullheast quarter of 1M SmAm" quarter of Section 7, Twmft 22 Norb, Range 5 East,W1Na mft Marldlen, lylnp Westerly of the projected V1lesterly margin of 92nd Avenue South and Eagerly of a Northerly p ajection of#w Eat Ilne of Parch 1 of City of Kent Short Plat No. 77-11, recorded under Recording No. 77050tiotlA Reoords of King County,Washington. Containing appmm6rat ly 11,132 square 14eet. Q IJIl� IRES: p P►cjrat Name: Fanet t�Ni May 5,2M 11370L.003Aoc Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 6M 1. SUBJECT: ANCHOR ENVIRONMENTAL LLC CONSULTANT CONTRACT FOR LAKE MERIDIAN OUTLET PROJECT, PHASE II - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a consultant contract in the amount of $44,706 between the City of Kent and Anchor Environmental, ' LLC, for the purpose of preparing bid documents, finalizing permits, and providing construction support of the Phase II of the Lake Meridian Outlet Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. This contract continues improvements planned for the Lake Meridian Outlet Project. Phase II, which this contract supports, includes construction of roughly 2,000 feet of new stream channel extending east from Lake Meridian to Big Soos Creek. Once constructed, the new channel will include fish-friendly habitat features such as native plantings, wood structures, streambed gravels, and pools. ' 3. EXHIBITS: Consultant Contract 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No ' 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds i ' DISCUSSION: ACTION: is KENT WASH N OTON CONSULTANT SERVICES AGREEMENT ' between the City of Kent and Anchor Environmental, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Anchor Environmental, LLC organized under the laws of the State of Washington, located and doing business at 811 Kirkland Avenue, Suite 200/PO Box 2517, Kirkland, WA 98083-2517, Phone: (425) 827-3243/Fax: (425) 827-3509, Contact: Gerald ' Bibee (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: 1 The Consultant shall provide services for Phase 2 of the Cow Creek Relocation/Restoration Project. For a description, see the Consultant's July 23, 2008 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 within the Puget Sound region 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, 2008. ' III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Four Thousand, Seven Hundred Six Dollars ($44,706.00) 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 amendment to this 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-1. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 16 B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of ' an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the , disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent ' Contractor-Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. ' V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on , the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, Its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, , discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion ' of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its ' officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the ' injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not ' be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW , 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability ' hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER NDUSTRIAL 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. CONSULTANT SERVICES AGREEMENT - 2 ' (Over$10,000) 17 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. 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 precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or ' relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution ' process. In any claim or lawsuit for damages 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, including all appeals, 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) is 1 D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written ' consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of , the City and 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. I. Counterparts, This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 1 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 (tine) ' DATE: DATE: CONSULTANT SERVICES AGREEMENT- 4 , (Over$10,000) 19 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Gerald Bibee Larry R. Blanchard Anchor Environmental, LLC City of Kent PO Box 2517 220 Fourth Avenue South Kirkland, WA 98083-2517 Kent, WA 98032 (425) 827-3243 (telephone) (253) 856-5500 (telephone) (425) 827-3509 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Anchor-Cow Creek Ph.2JTen ' CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 20 , 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 - 1 CITY OF KENT 21 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. EEO COMPLIANCE DOCUMENTS - 2 22 , 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. 1 Dated this day of , 200 By: For: Title: Date: , 1 EEO COMPLIANCE DOCUMENTS - 3 , 23 Exhibit A City of Kent-Cow Creek Relocation/Restoration Project Supplemental Phase 2 Services Design Revisions, Permitting, and Construction Management Assistance This exhibit defines additional professional services to be provided to the City of Kent,Public Works Department(City, Client)by Anchor Environmental,L.L.C. (Anchor,Consultant)for the Cow Creek Relocation/Restoration Project. These services,as an extension to previously authorized Phase 2 services, will provide: 1)completion of requested adjustments to the Phase 2 final design products in response to U.S. Army Corps of Engineers(USACE)requested design modifications for project bids procurement,2)assistance with securing remaining agency tpermits,3)requested engineering review,periodic field oversight,and response during Phase 2 construction(as limited by scope of work assumptions),and 4)service flasks project management,meetings attendance,and coordination. ' The project relocation/restoration reach extends between the Lake Meridian Outlet,west of 152^d Way Southeast,and the future Cow Creek confluence with Big Soos Creek,located within the City of Kent Lake Meridian Park and King County Gary Grant Soos Creek Park. Phase 2 includes the Cow Creek Improvements beyond those previously constructed in Phase 1 at the Lake Meridian Outlet. Phase 2 improvements would extend from approximately 500 feet downstream of the lake outlet to a new Big Soos Creek confluence. Phase 2 improvements include fish habitat improvements in the remaining 600 feet of the existing channel zone,a flow ' splitter at the confluence of the existing and new channels,and approximately 2,250 feet of new Cow Creek channel with associated fish habitat features extending east from the existing ' channel confluence to the new Big Soos Creek confluence. Phase 2 improvements are expected to be construction in 2008. Phase 3(not included in this scope of work)would include restoration improvements within the existing Wetlands C through F along the existing stream channel corridor south of the flow splitter and extending downstream to 152°d Avenue ' Northeast. This construction is anticipated during the summer of 2009. Required services to support Phase 3 will be defined after the completion of Phase 2 services,and may be authorized by a separate supplement at a later date. Scope of Work—City of Kent 1 Anchor Environmental,L.L.C. tCow Creek--Supplemental Phase 2 Services Revised July 23,2008 24 SCOPE OF WORK The scope of work,key assumptions,and deliverable products for these supplemental Phase 2 , services are described in detail below. Task 7 —Final Design Revisions in Response to City and Contracting/Permitting Agency Comments for Bid Documents Preparation 1.1 Make agreed-to revisions to the Cow Creek relocation/restoration final design plans and technical specifications in response to collective agency and City comments on the final design documents. This will include response to an existing set of USACE ' comments(subject to assumptions included in scope) along with other potential City and WDFW staff comments. This task budget represents a design revision allowance based on the assumption of a single iteration in civil and landscape design drawings(43 sheets less Phase 1 design sheets)and specifications. Construction phases will be labeled on the design drawings,and work associated with Phases 1 and 3 will be shown as not within the Phase 2 construction contract. Professional Engineering stamp formats and dates will be adjusted for consistency with a recent change required by the ' Washington State Department of Licensing(DOL). Additional requested design iterations,if after response to collective comments response,may require a ' supplemental budget allowance(a contingency budget has been assigned for potential use). Prepare a bid-ready set of final design plans in AutoCAD and PDF electronic file formats. 1.2 Update technical specifications Special Provisions and provide a bid schedule with payment items consistent with the technical specifications and the Engineer's existing ' quantities estimate(assumes continued use of 2004 APWA/WSDOT Standard Specifications and project-specific Special Provisions). Modify the existing Division 1, General Requirement Special Provisions consistent with City and USACE bidding requirements. Submit bid-ready document originals to City staff for forward to the ' USACE. Task 2—Agency Coordination to Secure Remaining Permit Approvals 1 2.1 Review prior Washington Department of Fish and Wildlife(WDFW)and Ecology comments on the 90%design and prior joint meeting notes(March 13, 2007)and decide jointly with City staff what revisions are appropriate to include(beyond those already completed)with Task 1 PS&E revisions for Phase 2 construction. Coordinate with Scope of Work—City of Kent 2 Anchor Environmental,L.L.C. Cow Creek—Supplemental Phase 2 Services Revised July 23,2008 , 25 WDPW on revisions to be made and on the needs for Hydraulic Project Approval (HPA)issue to allow construction to proceed. 2.2 Coordinate with Ecology and submit final wetland mitigation plan for approval and for Section 401 consistency review/approval. No further changes to that plan or to surface and groundwater analysis associated with further design changes are assumed under this task. 2.3 Coordinate with the USACE project team staff to provide adjusted project impacts and mitigation information for USACE Regulatory Branch consideration to facilitate issue/update of a letter authorizing Phase 2 work under targeted Nationwide Permits (NWPs). No further updates to DARPA, the prior USACE Biological Evaluation,or to the USACE NEPA and City SEPA environmental assessment documents are assumed to be needed. Task 3—Construction Period Assistance 3.1 Provide review and response to up to two USACE and City Requests for Information (RFIs)as submitted by the construction contractor. These responses will typically be a brief technical memorandum to clarify the design criteria and/or intent,or to consider alternative construction materials or installation requirements. 3.2 Provide review and response to up to four contractor submittals in response to plan notes and specification requirements. Responses will typically be comments on the as- submitted drawings accompanied by a brief technical memorandum of explanation. It is assumed that up to two submittals may require a brief review and response on re- submittals. 3.3 Conduct construction phase observation and reporting to the City staff based on up to four City-requested site visits. Complete up to one-half day of field observation and provide City and USACE project team coordination for each request(one staff). Prepare observation reports for submittal to the City incorporating documentation of field conditions and recommendations to maintain conformance with the design documents intent and details. 3.4 Provide review of and comment on punch list items as provide by USACE and City staff,with comments summarized in a brief technical memorandum. Conduct a final review of the constructed Phase 2 components(two staff)with City and USACE project team staff. Scope of Work—City of Kent 3 Anchor Environmental,L.L.C. Cow Creek—Supplemental Phase 2 Services Revised July 23,2008 26 Task 4—Project Management, Meetings, and Coordination 4.1 Coordinate with City project team staff,USACE staff,and internal project team staff for successful completion of assigned services. This will include coordination(as limited by the assigned budget)during the construction phase associated with requested services. 4.2 Prepare for and attend up to three meetings with City,USACE,and agency representatives to discuss design revisions in response to comments, permitting questions,and construction phase questions or issues. ' 4.3 Complete QA/QC senior review of deliverable products submitted. 4.4 Complete project setup and monthly invoicing and status reporting. Key Assumptions 1. No re-design of project components/features or their alignments will be required for response to comments. 2. Design modifications to hydraulic structures and controls are not required,and no further supporting hydraulic analysis is needed. 3. All specifications Special Provisions will be in reference to the 2004 version of the , WSDOT/APWA Standard Specifications, 4. Bid items and their format(unit price with limited lump sum items)will not be modified. Deliverable Products The deliverable products(hardcopy plus applicable electronic files unless otherwise noted)to be submitted for this supplemental Phase 2 work includes: 1. Revised,bid-ready final design drawings for Cow Creek relocation/restoration improvements(civil and landscape components for Phases 2 and 3);revised specifications General Requirements(Division 1)and technical specifications(Divisions 2 through 9)Special Provisions-both all as the product of Task 1 services. , 2. Existing documents and requested supplemental inputs(as available from prior services)for permitting agencies inputs(WDFW,Ecology,USACE)as the product of Task 2 services. 3. Markup of submitted materials and technical memoranda responses for to up to two RFIs and four contractor submittals(re-submittals assumed for two of those);field Scope of Work—City of Kent 4 Anchor Environmental,L.L.C. Cow Creek—Supplemental Phase 2 Services Revised July 23,2008 , 27 observation reports for up to four construction phase site visits;comments memorandum on construction punch list-all as the product of Task 3 services. 4. Monthly invoices,status reports,cost spreadsheets,and document review comments as the product of Task 4 services. 1 FEE ESTIMATE The attached Table A-1-Fee Estimate,summarizes the Anchor fee estimate to complete the additional services and deliverable products as described above. Invoicing will be based on a time and reimbursable expense basis in accordance with the project team's current billing rates as shown in Attachment A,Pee Estimate Table. A 10 percent service charge will apply to subconsultant services(if any)and to Anchor and subconsultant(if any)reimbursable expenses. The estimated maximum fee of$44,700 for these services includes a 5%contingency for supplemental services beyond the scope of work that may be requested(to be utilized only at the City's request). The estimated fee will not be exceeded without City of Kent authorization as may be associated with agreed-to changes in work scope or products. SCHEDULE The schedule for execution of these services is targeted to extend from July 28,2008 through December 31,2008. The schedule may require adjustment as the work proceeds to reflect items beyond the direct control of Anchor. In the event of unavoidable schedule delays,Anchor staff will work with City staff to adjust the project schedule as mutually agreed. Scope of Work—City of Kent 5 Anchor Environmental,L L.C. Cow Creek—Supplemental Phase 2 Services Revised July 23,2008 2s � t n W E p . . . . . OO . . 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Attachment A-1 Anchor Environmental, L.L.C. 2008 Billing Rate Schedule City of Kent Cow Creek Relocation/Restoration Supplemental Phase 2 Services Professional Level Hourly Rates Principal Engineer/Planner/Scientist..........................................................................................$179 Consulting Engineer/Planner/Scientist.......................................................................................$166 Senior Engineer/Land Arch/Planner/Scientist............................................................................$147 Engineer/Planner/Scientist.........................................................................................................$131 Senior Staff Engineer/Land Arch/Planner/Scientist...................................................................$110 Staff 2 Engineer/Planner/Scientist................................................................................................$97 Staff 1 Engineer/Planner/Scientist................................................................................................$86 68 Field Technician..........................................................................................................................$95 Senior Designer. .$ Designer/Graphics........................................................................................................................$84 ProjectAssistant...........................................................................................................................$74 Administrative..............................................................................................................................$68 Special Hourly Rates All work by a testifying expert........................................................1.5 times professional level rate EXPENSE BILLING RATES Expense Rates Diving Services(per day).................... ....................................................................Project Specific CAD/G1S/Modeling(Per hour)...............................................................................................$10.00 Graphic Plots(varies with plot size).......................................................................................$3-6/sf Photocopies(per copy). .$0.10 Faxes(per page)........................................................................................................................$1.00 Mileage(per mile).....................................................................................Current Federal Standard FEE ON LABOR AND EXPENSE CHARGES Subcontracts/subconsultants....................................................................................................... 10% Traveland other direct costs....................................................................................................... 10% Fieldequipment&supplies........................................................................................................ 10% This is a company confidential document. Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 6N 1. SUBJECT: PACIFIC HIGHWAY HOV LANES, NORTH & SOUTH PHASE - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the Pacific Highway HOV Lanes, North & South Phase, as complete and release retainage to Scarsella Brothers, upon standard releases from the state and release of any liens. The original contract amount was $11,032,492.53. The final contract amount was $11,897,473.70. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 60 1. SUBJECT: DRAINAGE MASTER PLAN ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. adopting the Drainage Master Plan. The plan was completed by City of Kent staff and their consultants. The plan serves as the framework for drainage system improvements, maintenance, and replacement needs to 2030 buildout. It is anticipated the plan will be updated every ten (10) years. The Drainage Master Plan is available to the public on the City's website at: http://www.ci.kent.wa.us/publicworks/index.aspx?id=9134. 3. EXHIBITS: Ordinance• Staff Memo dated 8 6 08 to PEDC from Mike Mactutis & Mark Howlett; SEPA Addendum and Adoption Notices; July 28, 2008 LUPB Minutes; and August 11, 2008 PEDC Minutes; LUPB Exhibit #2 (Torgersons) 4. RECOMMENDED BY: Public Works Committee and Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ORDINANCE NO. AN ORDINANCE of the City Council of the 1 City of Kent, Washington adopting the Drainage Master Plan. RECITALS A. The Drainage Master Plan (DMP), when integrated into the City's Comprehensive Plan, will serve as the City's blueprint for long-range stormwater, flood protection, and drainage planning. The DMP addresses the needs of the City regarding the mandatory National Pollutant Discharge Elimination System Phase 2 Permit, protection of stormwater system infrastructure, flood protection for homes and businesses, water quality protection, and habitat improvements. The City's DMP update process included the formation of a citizen's task force and solicitation of comments from the general public through open house meetings on January 23, 2008, and April 8, 2008. B. On June 5, 2008, the City provided the State of Washington with the required sixty (60) day notification under RCW 36.70A.106 of the City's proposed adoption of the DMP and corresponding amendment to the Capital Facilities Element of the Comprehensive Plan. 1 Drainage Master Plan C. On July 21, 2008, the City's SEPA responsible official adopted existing environmental documents consisting of the City of Kent Comprehensive Plan Environmental Impact Statement (EIS) Draft and Final i (ENV-93-51) and a SEPA Addendum, dated July 21, 2008 (ENV-2008-24/25). The SEPA Addendum explained that the proposed DMP would not create unavoidable impacts beyond those previously identified in the EIS. D. The City Council's Public Works Committee has been informed of stormwater issues, project priorities, funding options, and drainage utility l fees during its meetings on November 5, 2007; January 22, 2008; April 7, 2008; May 5, 2008; June 16, 2008; July 21, 2008; and August 4 and 18, 2008. Development of the DMP and the public involvement process also involved the Land Use and Planning Board with three workshops on June 9 and 23, 2008, and July 14, 2008; and a public hearing on July 28, 2008. Adoption of the DMP and the adoption of the corresponding amendments to the Capital Facilities Element of the Comprehensive Plan were also considered by the City Council's Planning and Economic Development , Committee on August 11, 2008. On September 2, 2008, the City Council adopted the DMP for the City of Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Incorporation of Recitals. The preceding recitals are incorporated herein. SECTION 2. - Amendment. The Drainage Master Plan as attached and incorporated as Exhibit "A" is adopted by the City of Kent. SECTION 3. - Severability. If any one or more sections, sub- sections, or sentences of this ordinance are held to be unconstitutional or 2 Drainage Master Plan 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 the date of passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of September, 2008. APPROVED: day of September, 2008. PUBLISHED: day of September, 2008. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P.\Civi I\Ordinance\DrainageMasterPlan ZOO8.doc 3 Drainage Master Plan PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • Phone: 253-856-5500 KEN T Fax: 253-856-6500 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 6, 2008 To: Chair Elizabeth Albertson and Planning and Economic Development Committee Members From: Mike Mactutis, P.E., Environmental Engineering Manager Mark Howlett, P.E., Design Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Kent Comprehensive Plan Update MOTION: I move to approve/deny/modify the recommendation of the Land Use and Planning Board to amend the Capital Facilities element of the Kent Comprehensive Plan, incorporate the 2008 Water System Plan by reference into the Kent Comprehensive Plan, and adopt the same by ordinance. MOTION: I move to approve/deny/modify the recommendation of the Land Use and Planning Board to adopt the 2008 Water System Plan by ordinance. MOTION: I move to approve/deny/modify the recommendation of the Land Use & Planning Board to amend the Capital Facilities element of the Kent Comprehensive Plan, incorporate the Drainage Master Plan by reference into the Kent Comprehensive Plan, and adopt the same by ordinance. MOTION: I move to approve/deny/modify the recommendation of the Land Use & Planning Board to adopt the Drainage Master Plan by ordinance. Summary: The City of Kent staff and their consultants have completed amendments to the Comprehensive Plan to include the 2008 Water System Plan and Drainage Master Plan. The Comprehensive Plan, Element 8, Capital Facilities was modified to include the updated information of the water and drainage plans along with an update of the Goals and Policy section. The plans and Capital Facilities Element update were prepared according to the requirements of the Growth Management Act. Following their July 28, 2008 public hearing, the Land Use and Planning Board unanimously recommended approval of the plans and the amendments to the Kent Comprehensive Plan. Background/History: 1 The Drainage Master Plan is a comprehensive review of all watersheds within the City limits. The plan includes hydrologic and hydraulic analysis of major storm water conveyance pipes and streams, determination of areas of infrastructure replacement and/or improvement, alternatives to correct drainage problems, and projected costs estimates and requirements of the National Pollution Discharge Elimination System Phase II permit. The plan also includes stream, wetland, flood protection, critical areas protection and improvement projects to benefit wildlife, water quality and aesthetic value to the City. The Comprehensive Water System Plan is the framework for updating, repair, and replacement of the City's water service lines. The City plan will also include the needs for improvements in storage capacity, water pressure requirements, regulatory requirements, fire code standards, and protection of the Clark Springs Water Supply System and Well Head Protection. CA/pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2008\CPA-2008-3_WaterSystem&Drainage Plan- 1 UtilityElem\PEDC\081108_StaffRpt_CWSP-DM P-Final.doc Enc: 2008 Water System Plan, including Wellhead Protection Program Phases I and II; Drainage Master Plan; Capital Facilities Element Amdmts; SEPA Addendum and Adoption Notice; Exhibits from LUPB hearing of 7/28/08. i 1 1 t PEDC Meeting 8/11/08 Kent Comprehensive Plan Update Please note that these documents (though not attached within this packet) may be accessed through the following City of Kent's Websites: http://www.ci.kent.wa.us/pu_blicworks/index.aspx?id=9136 (Water) httt)://www.ci.kent.wa.us/publicworkslindex.aspx?id=9134 (Drainage) • 2008 Water System Plan • The Wellhead Protection Program Phase I and II • The Drainage Master Plan; • The Capital Facilities Element Amendments l COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager Phone: 253-856-5454 K F N T Fax: 253-856-6454 W A 9 M I N O T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 CITY OF KENT ADDENDUM TO THE KENT COMPREHENSIVE PLAN ENVIRONMENTAL IMPACT STATEMENT (*ENV-93-S1) Capital Facilities Element, Drainage Master Plan and Water System Plan CPA-2008-3 (#RPP6-2081907) ENV 2008-24/2S (#RPSA 2082266 and 2082340) Responsible Official: Charlene Anderson, AICP SCOPE The City of Kent has completed environmental analysis, pursuant to the State Environmental Policy Act (SEPA), for an amendment to the Capital Facilities Element of the Comprehensive Plan, including adoption of the Drainage Master Plan and Water System Plan and their incorporation into the Comprehensive Plan as appendices. The plans are based upon and support the City's Land Use Plan Map as identified in the Comprehensive Plan. The Drainage Master Plan provides the framework for alleviating localized flooding, flood prevention, habitat and wetland restoration, and protecting water quality within the City for the next 10 years. It also provides the framework to address requirements of mandatory permits such as the Total Maximum Daily Load (TMDL) and National Pollutant Discharge Elimination System Phase 2 Permit. The 2008 Water System Plan is a compilation of planning and engineering analysis conducted to determine the adequacy of the Kent Water System to meet the existing and projected requirements for provision of domestic and fire protection service within its established service area. The plans inventory the existing systems, use land use assumptions to estimate future conditions, identify deficiencies, specify projects, actions and requirements for meeting the drainage and water system needs, and include multiple funding approaches. The proposed amendments to the Capital Facilities Element summarize the two plans and bring the Capital Facilities Element current. Although extensive, the update does not substantially change the direction, theme, goals or policies of the Comprehensive Plan adopted in 1995 and updated in 2004. Therefore, it is appropriate to utilize the Environmental Impact Statement (EIS) that was completed for the 1995 Comprehensive Plan to meet the statutory requirements of the State Environmental Policy Act associated with this proposal. The EIS was programmatic in nature and evaluated general characteristics and potential impacts associated with the adoption of the proposed goals and policies of the 1995 Comprehensive Plan. The impacts and mitigation alternatives that were evaluated at that time are ENV-2008-24 and 25 Capital Facilities Element, Drainage Master Plan and Water System Plan Comprehensive Plan EIS-addendum still valid today and also were adequate to address the 2002/2004 Comprehensive Plan update. The proposed Capital Facilities Element, Drainage Master Plan and Water System Plan utilize the Land Use Plan Map as the basis for their projected needs. The scope of this addendum adds analysis to the Comprehensive Plan Environmental Impact Statement (EIS) in the following area: water. BACKGROUND The proposed amendment to the Capital Facilities Element and adoption and incorporation of the Drainage Master Plan and Water System Plan began with City Council approval of consultant contracts in 2007. For the Drainage Master Plan update the City formed and worked with a citizen's task force to gain information and comments. The previous comprehensive drainage master plan was completed in 1985, over 20 years ago. New federal and state regulations have significant implications on the City's drainage management planning, Including regulations under the Clean Water Act, National Pollutant Discharge Elimination System Phase II Permitting, and Total Maximum Daily Load requirements. For the Water System Plan, the State Department of Health requires an update of the City's plan every six years, ensuring reliable, safe drinking water throughout the City's water service area to meet the fire, life safety, and commercial/industrial demands of the City's water customers. The proposed amendments bring the Capital Facilities Element, Drainage Master Plan and Water System Plan current by providing additional analysis of the existing systems and identifying future needs based on the Land Use Plan Map. The plans inventory the existing systems, use land use assumptions to estimate future conditions, identify deficiencies, specify projects, actions and requirements for meeting the drainage and water system needs, and include multiple funding approaches. This environmental analysis provides an addendum to the City's Comprehensive Plan EIS related to this nonproject action. SEPA COMPLIANCE In October 1993, the City of Kent issued a Determination of Significance (DS) and Notice of Scoping for the Comprehensive Plan (ENV-93-51). After a series of public meetings, a Draft Environmental Impact Statement (DEIS) was issued on July 18, 1994 for the Draft Comprehensive Plan, issued on the same date. The DEIS was distributed to City Council and Planning Commission members, adjacent jurisdictions, affected agencies and other parties of interest. After comments on the DEIS were solicited and reviewed, a Final Environmental Impact Statement (FEIS) was issued and distributed on January 30, 1995. The EIS analyzed the environmental impacts of the Comprehensive Plan, which was adopted April 18, 1995. The purpose of the EIS for the Comprehensive Plan was to assess the impacts of the Plan on the City and its growth area. The EIS does not analyze the significance of site specific impacts; it analyzes the significance of impacts on a broad area. Page 2 of 5 ENV-2008-24 and 25 Capital Facilities Element, Drainage Master Plan and Water System Plan Comprehensive Plan EIS-Addendum This Addendum to the Kent Pp Comprehensive Plan EIS appends that document. P The state SEPA statute requires the City to complete environmental analysis for non-project actions such as Comprehensive Plans. Jurisdictions may meet this requirement through the adoption of existing environmental documents and through the use of addenda to provide additional information that does not substantially change the analysis of the prior document (WAC 197-11-600). The update to the Capital Facilities Element including adoption and incorporation of the Drainage Master Plan and Water System Plan provides additional data and analysis but does not necessitate modification of the Comprehensive Plan EIS analysis or mitigation measures since it does not substantially change the analysis of significant impacts and alternatives from the Comprehensive Plan EIS, draft and final. STATEMENT OF CONSISTENCY Future project permit applications that may be undertaken to implement the Capital Facilities Element, Drainage Master Plan and Water System Plan will be subject to and shall be consistent with the following: City of Kent Comprehensive Plan, the Kent City Code, Uniform Fire Code, Uniform Building Code, Public Works Standards and all other applicable laws and ordinances in affect at the time a complete project permit application is filed. ENVIRONMENTAL REVIEW — SCOPE OF EIS ADDENDUM The City of Kent has followed the process of phased environmental review as it undertakes actions to implement and amend the Comprehensive Plan. The State Environmental Policy Act (SEPA) and rules established for the act, WAC 197-11, outline procedures for the use of existing environmental documents and preparing addenda to environmental decisions. Non-project Documents - An EIS prepared for a comprehensive plan, development regulation, or other broad based policy documents are considered "non-project," or programmatic in nature (see WAC 197-11-704). These are distinguished from EISs or environmental documents prepared for specific project actions, such as a building permit or a road construction project. The purpose of a non-project EIS is to analyze proposed alternatives and to provide environmental consideration and mitigation prior to adoption of an alternative. It is also a document that discloses the process used in evaluating alternatives to decision-makers and citizens. Phased Review - SEPA rules allow environmental review to be phased so that review coincides with meaningful points in the planning and decision making process, (WAC 197-11-060(5)). Broader environmental documents may be followed by narrower documents that incorporate general discussion by reference and concentrate solely on issues specific to that proposal. SEPA rules also clearly state that agencies shall use a variety of mechanisms, including addenda, adoption and incorporation by reference, to avoid duplication and excess paperwork. Prior Environmental Documents - The City of Kent issued a Draft Environmental Impact Statement (DEIS) for the Comprehensive Plan on July Page 3 of 5 ENV-2008-24 and 25 Capital Facilities Element, Drainage Master Plan and Water System Plan Comprehensive Plan EIS-Addendum 18, 1994 (#ENV-93-51). The DEIS analyzed three comprehensive plan land use alternatives, and recommended mitigation measures, which were used in preparing comprehensive plan policies. The preferred land use alternative which was incorporated into the Comprehensive Plan was most closely related to Alternative 2 of the DEIS, (the mixed-use alternative). A Final Environmental Impact Statement (FEIS) was issued on January 30, 1995, and the Comprehensive Plan was adopted by the City Council on April 18, 1995. Therefore, the impacts of the Land Use and Capital Facilities Elements including the Drainage Master Plan and Water System Plan as adopted in the Comprehensive Plan are within the range of impacts evaluated in the EIS. Scope of Addendum - As outlined in the SEPA rules, the purpose of an addendum is to provide environmental analysis with respect to the land use and zoning designation for the subject property. This analysis builds upon the Comprehensive Plan EIS but does not substantially change the identified impacts and analysis; therefore it is prudent to utilize the addendum process as outlined in WAC-197-11-600(4)(c). ENVIRONMENTAL ELEMENTS All environmental elements were adequately addressed within the parameters of the City of Kent Comprehensive Plan EIS, draft and final. The Comprehensive Plan EIS evaluated the potential impacts associated with the build-out of the city, consistent with the Comprehensive Plan. The EIS also identified broad measures to mitigate those impacts. The proposed update to the Capital Facilities Element, approval and incorporation of the Drainage Master Plan and the Water System Plan do not substantially change the scope, goals and/or policies identified in the 1995 Comprehensive Plan. Generally, the proposal adds analysis from recent regional and local studies, census information and other city planning documents. Independent environmental review, pursuant to SEPA, was completed for each annexation area at the time those properties were annexed into the City of Kent. Additionally, separate environmental review was completed at the time past Comprehensive Plan updates were adopted. The proposed amendment to the Capital Facilities Element, approval and incorporation of the Drainage Master Plan and Water System Plan consolidate the goals and policies from these past reviews and does not merit additional mitigation from that expressed in the Comprehensive Plan EIS, draft and final, to protect the l natural environment. Subsequent "project" actions would require the submittal of separate environmental checklists, pursuant to SEPA, which will be analyzed for consistency with the original mitigating conditions and may require new mitigation based upon site-specific conditions. I. DISCUSSION OF ENVIRONMENTAL ELEMENTS Water The proposal includes goals, policies and strategies to monitor and improve drainage and water systems and to provide additional opportunities for efficiency, conservation and low impact development strategies, as well as staff training and increased public outreach and education. Page 4 of 5 ENV-2008-24 and 25 Capital Facilities Element, Drainage Master Plan and Water System Plan Comprehensive Plan EIS-Addendum II. SUMMARY AND RECOMMENDATION A. SUMMARY Kent City Code section 11.03.510 identifies plans and policies from which the City may draw substantive mitigation under the State Environmental Policy Act. The amendment to the Capital Facilities Element including adoption and incorporation of the Drainage Master Plan and Water System Plan have been evaluated in light of those substantive plans and policies as well as within the overall analysis completed for the City's Comprehensive Plan EIS. B. DECISION The City of Kent Comprehensive Plan EIS, draft and final, provided extensive analysis with regard to the environmental impacts associated with the implementation of the Comprehensive Plan. The mitigating conditions included anticipated impacts associated with the increased traffic, sensitive areas and storm water runoff, as well as impacts to public services and utilities. The City has reviewed the proposed Comprehensive Plan update and has found it to be generally consistent with the range, types and magnitude of impacts and corresponding mitigation outlined in the Comprehensive Plan EIS. The update addresses improvements to the drainage and water systems required in order to accommodate the types and intensities of build- out associated with the comprehensive Plan EIS alternatives. This analysis and subsequent addendum did not identify any new significant impacts associated with this proposal. Therefore, this addendum, combined with the Comprehensive Plan EIS adequately evaluate potential adverse environmental impacts and provide appropriate mitigation. Based upon this analysis, a separate threshold determination is not required for this action. This document and corresponding environmental record may be utilized in the future in conjunction with environmental review for future project and non- project land use proposals and plans within the City in accordance with the guidelines provided by WAC 197-11. Dated: July 21, 2008 Signature: Charlene Anderson, AICP, Responsible Official CA:jm\\S:\Permit\Plan\Env\2008\2082266_2340-2008-24_25dmpwspaddendum.doc Page 5of5 KEN T w A O H�N O T O N ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS #ENV-2008-24/25 KIVA #RPSA-2082266 and 2082340 Adoption Document(s): EIS Description of current proposal: The action proposed by the City consists of the update of the Capital Facilities Element of the Comprehensive Plan including adoption and incorporation of the Drainage Master Plan and Water System Plan. Proponent: City of Kent Location of proposal: The proposal is a city-wide action. Title of documents) being adopted: City of Kent Comprehensive Plan Environmental Impact Statement Draft (July 1994) and Final (January 1995) — Prepared by the City of Kent. Description of document (or portion) being adopted: The City of Kent Comprehensive Plan EIS is being adopted in total. This document evaluated three different land use alternatives for the city. The analysis evaluated the type and range of impacts to the environment associated with each land use alternative and associated development regulations. If the document has been challenged (WAC 197-11-630), please describe: The document was T not challenged. Document availability:This document is available for review at the City of Kent Planning Services office, 400 West Gowe, Kent, WA 98032 from 8:00 am to 5:00 pm. We have identified and adopted this document as being appropriate for this proposal after independent review. Along with the addendum, this document meets our environmental review needs for the current proposal and will accompany the proposal to the decisionmaker(s). Name of agency adopting the document: City of Kent Contact person/Responsible Official: Charlene Anderson, AICP (253) 856-5431 Planning Manager City of Kent Community Development Dept. 220 Fourth Ave South Kent, WA 98032 Date: 07/21/08 Signatur4(&�d'ez_a�L� CA:jm\\5:\Permit\Plan\Env\2008\2082266_2340-2008-24_25dmpwspadopt.doc LAND USE & PLANNING BOARD MINUTES DULY 28, 2008 BOARD MEMBERS PRESENT/ABSENT: Chair Jon Johnson, Vice-Chair Dana Ralph, Steve Dowell, Alan Gray, Aleanna Kondelis - absent/excused, Jack Ottini, Barbara Phillips STAFF MEMBERS PRESENT: Charlene Anderson, Mike Mactutis, Chad Bieren, Beth Tan, Kim Adams Pratt Approval of Minutes Ottini MOVED and Gray SECONDED a Motion to APPROVE the Minutes of May 12, 2008. Motion PASSED 6-0. Added Items, Communications, Notice of Upcominci Meetinas None #CPA-2008-3 Water System Plan/Drainage Master Plan/Wellhead Protection Program Phase I & II/Capital Facilities Element of Kent Comprehensive Plan Water System Plan Engineering Supervisor Chad Bieren stated that the Department of Health requires the City to update the Water System Plan every six years. Bieren stated that staff looked at Kent's water system to ensure that Kent could meet land use requirements for the foreseeable future, that the City's projected growth is consistent with the Kent Comprehensive Plan, and to make sure that the water system could sustain the city's growth pattern. Bieren stated that the water system boundary is not necessarily the same as the corporate limits of Kent citing that Water District 111, Highline Water District, and Soos Creek Water and Sewer District also serve different areas of the City. Bieren stated that Kent has enough water supply to meet future needs. Staff evaluated the ability of Kent's existing system to handle fire-flow requirements and other issues regarding the treatment and/or delivery of water to homes throughout the City. Staff developed a long range plan for improving and developing the system. Bieren stated that West Hill's storage capacity is insufficient, and East Hill will have insufficient capacity once it is built-out. He stated that there are water mains throughout the city that require replacement within the distribution system, due to age and/or new fire-flow requirements. Bieren stated that Kent will construct a new West Hill reservoir near the Armory south of Military Road, replace the leaking Guiberson Reservoir on Scenic Hill and build a new 640 zone reservoir near Clark Lake to alleviate storage and fire flow Land Use and Planning Board 1 of 6 Minutes July 28, 2008 pressure issues on East Hill. The new East Hill reservoir would raise the water , surface elevation from 590 feet to 640 feet above sea level. Bieren cited additional key improvements such as building a Kent East Hill i Operations Center, and a Tacoma Pipeline Treatment Facility that would allow Kent to access 12.5 million gallons of water a day. He stated that these improvements would cost from $150 to $160 million dollars and are necessary improvements. Bieren submitted Table 11.3 documented as an Exhibit for the record. In response to Board member Gray, Bieren stated that a water rate increase is necessary to fund improvements, to handle increasing maintenance operations costs, and to fund capital improvements related to the Tacoma Pipeline and the new reservoirs. He stated that the improvements are necessary due to Department of Health and Department of Ecology requirements. Bieren stated that the City needs both a rate increase and bonds to get those projects built earlier, with the rate increase covering repayment of some of those bonds. He stated that it is necessary for the City to retain a 60 to 90 day cash reserve to sustain a healthy water system and to keep bond ratings low. Bieren stated that at this time, the City has only a 20 day reserve which needs to be built up to maintain bond ratings at an optimum level. Drainage Master Plan Environmental Engineer Beth Tan stated that the Drainage Master Plan (DMP) was last updated in 1985. Since that time, Kent has annexed areas and implemented Capital Improvement Plans. Staff has taken a comprehensive look at the infrastructure system within Kent for drainage. Tan stated that much of Kent's drainage system pipe infrastructure was built before 1980. She stated that staff has taken a comprehensive look at Kent's streams, the flooding risks, and how Kent can reduce potential damages due to flooding through our creek systems. Tan stated that staff looked at the city's localized drainage system, citing that staff is considering how to improve water storage capacity along Mill Creek. Tan stated that an element of the DMP is water quality, which is dependent on an unfunded mandated program called the National Pollutant Discharge Elimination System Phase Two Permit, implemented by the Department of Ecology. Tan stated that another element staff looked at was habitat, fish passage, wetland 1 preservation and restoration. She stated that staff looked at the drainage component of Kent's Transportation Improvement Program (TIP). She stated that for the past few years, the drainage utility has paid for part of the transportation program related to storm water and water quality facilities, and curb, gutter, sidewalk infrastructure that are part of major road expansions. Land Use and Planning Board 2 of 6 Minutes July 28, 2008 Tan stated that staff looked at the Green River Levee repair and replacement work that is needed and which will be shown on preliminary updated Federal Emergency Management Agency (FEMA) maps. Tan stated that some of Kent's major projects include Upper Mill Creek Dam off of 104tn, restoration work along Mill Creek on Smith to James, and from James to Chandler Bay needed to decrease flooding along James St. and the surrounding local areas. She cited Green River Natural Resource area improvements, replacement of culverts and restoration work on 76tn Avenue and Mill Creek, 228tn area conveyance work, monitoring the total maximum daily load requirements on Lake Fenwick to reduce the total phosphorus leaving the lake, and the East Hill 144tn Avenue SE culvert replacement. Tan stated that staff has added Goals 22 and 23 to the DMP; pertaining to the National Pollutant Discharge Elimination System Program that Kent is required to follow, and to implement low-impact development for the design and construction of projects within Kent. Tan stated that she has added a supplement to the DMP to include the Green River Duwamish Ecosystem Restoration Program; an ongoing cost sharing partnership between Kent and the Army Corp of Engineers. She stated that staff added two additional East Hill projects; SE 236tn Street culvert replacement, and stream restoration work on Meridian Valley Creek at 2401n and 132na Bieren stated that a few changes to the Capital Facilities Element within the Water Plan section are similar to ones in the previous version of Kent's Comprehensive Plan, with language added to update them; citing changes to CF-27, 28 and 29. Bieren stated that staff intends to take these plans to the Public Works Committee August 4tn, to the Planning & Economic Development Committee August 11tn and to the City Council for implementation and adoption on August 19tn Bieren stated that any question concerning rates will be addressed separately following adoption of the plans. Chair Johnson opened the public hearing. Ms. Charlie King, 26201 Military Rd. S, voiced her concerns with drainage issues. She stated that she experienced water damage twice in the fall of 2007 from flooding runoff which caused erosion to her property. She stated that she built a retaining wall to repair the damage. Ms. King stated that her neighbor Lois Steinborg's culvert was built in 1970 and has eroded away. A small creek has formed that flows into the eroded culvert which can no longer handled runoff from even a small rain. Ms. King stated that her neighbors would like to know how the City can help them maintain proper flow from the runoff. Land Use and Planning Board 3 of 6 Minutes July 28, 2008 King stated that the culvert running under Military Road flows into a lidded holding tank located at the top of her driveway then goes underneath her driveway into the creek. She stated that she feels the holding tank had not been properly maintained since the previous rainfall, that the holding tank blew its top, causing a geyser at the top of her driveway and within minutes 240 gallons of muddy water flowed through her window well onto her new parquet floors. Ms. King stated that 911 was unable to assist her. She stated that she called people to pump out the water who did so by candlelight due to power outages. Ms. King stated that she spoke with Kent staff who came to her home, sandbagged her house, cleaned the driveway of mud and debris, and filled in the erosion that was washed out under her driveway. She stated that the damage to her property was over $10,000. King expressed appreciation on behalf of herself and her neighbors for the opportunity to voice their concerns. Tan stated that the DMP addresses future road-widening projects along Military , Road, stating that the storm water system would be updated and massaged at that time. Chair Johnson asked staff to consider how they could resolve this problem. Tan stated that it might just be an issue of having the City's storm water crew adding that area to a more frequent scheduling of maintenance and making sure that the catch basin is cleaned out. Charles Findley, 26425 Military Rd. S, stated that he owns the property at 26505 Military Rd. S. He stated that a pipe runs under Military Road from the east to the west side of the road. He stated that there is a pretty good running stream during a heavy rain, otherwise the rain seeps into the ground by the fire station at 26512 Military Rd. S. Findley stated that he would like to see a pipe installed in the V-shaped ditch fronting his property at 26505 Military Rd, running that pipe to the edge of the property and possibly to I-5. He stated that he would like the ditch filled in to even out his property, so he can safely mow his lawn. Tan stated that as part of the Drainage Master Plan, staff looked at the needs within Kent to increase maintenance on these drainage systems, open ditches, and storm water ponds. She stated that Kent's facilities do not meet the National Pollution Discharge Elimination System Permit requirements. Tan stated that Public Works would like additional staff to handle those maintenance needs and the need for additional staffing is addressed in the Plan. Roseanne Torgerson, 26015 Military Rd. S, submitted a layout of pictures documented as an Exhibit for the record. She stated that she frequently cleans up litter and a drainage ditch that fronts Military Road. Torgerson stated that despite clearing the ditch and opening the ends of the culverts, the road edge around the bus stop in front of her property is muddy and flooded whenever it rains. Land Use and Planning Board 4 of 6 Minutes July 28, 2008 Torgerson stated that when it rains, a creek runs down her main driveway and ponds in front of her house. She stated that when road crews trim the grass along Military Road, they leave debris behind which creates a berm along the road's edge and causes her driveway to become the lowest point along Military Road. Torgerson stated that a developer has been filling and grading his property to the rear of their property for years. She stated that he has graded his property toward the wetland, which drains into the wetland, and has created a pond at the rear of her property. Torgerson stated that road clearing equipment are damaging fire hydrant protectors, then not clearing those areas and continuing on. She stated that hydrants need to be accessible and cleared of debris. Torgerson stated that there is a lot of development going on north of her on both sides of Military along South 259t" and Reith Road. She stated that trucks haul in fill and rocks; have lost those rocks, launching many of them onto her property as they went by. Dowell recommended that Torgerson contact the City's Engineering Department to see if the developer behind her property has been issued a permit for fill or grading. Pam Cobley, Roth Hill Engineering, stated her firm represents Water District No. 111. She stated that she was notified on Tuesday of last week, that the Planning Board would be holding a public hearing on the 2008 Draft Water System Plan. She stated that prior to this they were not notified that a draft plan was available as a public review document. She stated that given that the District is within the City's water service area, the District wishes to review the City's Draft Water System Plan. Ms. Cobley stated that they have not had enough time to provide a thorough review and are letting the Board know that they will be reviewing the plan and providing comments as soon as possible. Ms. Cobley submitted a letter into the record documented as an exhibit. Dowell MOVED and Gray SECONDED a Motion to accept the letter into the record. Motion Carried 6-0. Giles Hulsmann, 923 Shaw Rd, Puyallup stated that he represents King County Drainage District #1. He voiced his appreciation that staff has kept them informed of this process since they are part of the storm drainage system within the valley. He stated that they look forward to the continuing review of this master plan and would like to be a party of record. Heidi Campbell, 725 2—d Avenue S stated that she lives a couple blocks south of Willis. She stated that it was discovered that the water main in front of her landlord's property had been leaking and seeping up through the surface of the roadway. She stated that the City Water Department patched the area and staff stated that this was the third time they had come out to fix this eroding water main Land Use and Planning Board 5 of 6 Minutes July 28, 2008 and that it needs to be replaced. Campbell emphasized that it is critical that this i water main be repaired prior to the rainy season and would like clarification that this will happen. Bieren stated that he would follow up to determine if this main is scheduled for replacement this year. j Ottini MOVED and Dowell SECONDED a Motion to accept the documents described as Table 11.3 submitted by Bieren and pictures submitted by Ms. Torgerson into the record. Motion CARRIED 6-0. Seeing no further speakers, Gray MOVED and Ottini SECONDED a Motion to close the Public Hearing. Motion CARRIED 6-0. Ottini commended staff on the excellent job they did in presenting the information that was discussed by the Board at previous workshops, in terms that laymen could understand. He stated that these are ongoing projects that need to be completed for Kent as a growing city, and that staff crafted a carefully thought out plan. Ottini MOVED to accept CPA-2008-3; 2008 Water System Plan, Drainage Master Plan, Wellhead Protection Program Phase I & II and Capital Facilities Element of Kent's Comprehensive Plan including amendments presented by staff. Ralph SECONDED the Motion. Motion CARRIED 6-0. Adjournment Chair Johnson adjourned the meeting at 8:00 p.m. Charlene Anderson, AICP, Planning Manager Secretary of the Board S:\Permit\Plan\LUPB\2008\MINUTES\072808_LUPB_Min doc Land Use and Planning Board 6 of 6 Minutes July 28, 2008 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 11, 2008 Committee Members Chair Elizabeth Albertson, Ron Harmon, Tim Clark. Albertson called the meeting to order. ARDroval of Minutes Clark MOVED and Harmon SECONDED to approve the minutes of June 9, 2008. Motion PASSED 3-0. Countywide Planning Policy Amendment, Annexation Area Planning Manager Charlene Anderson explained that these are proposed amendments to the Countywide Planning Policies (CPP) approved through King County Council and the Growth Management Planning Council (GMPC). Anderson stated that these motions relate to adjusting the interim Potential Annexation Area Map, and amend policies related to annexing areas that are claimed on a Potential Annexation Area map by more than one city. Anderson stated that the policy amendments relate specifically to the North Highline area. She stated that neither the map nor the policies affect Kent. Harmon MOVED to recommend to the Full Council ratification of the amendments to the Countywide Planning Policies approved under the GMPC Motions Numbers: 07-1, 07-2, 07-4, 08-1, 08-2, 08-3, and 08-4, amending the interim potential annexation area map and the Countywide Planning Policies Land Use #31 and Land Use #32. Clark SECONDED the Motion. Motion PASSED 3-0. #CPA-2008-3 2008 Water System Plan, Drainage Master Plan, Wellhead Protection Program Phase I & II, and Amendment of Kent Comurehensive Plan Cauital Facilities Element Water System Plan Bieren stated that staff is updating the Water System Plan (WSP) as required by the Department of Health every six years. He stated that staff's analysis must be consistent with Kent's Comprehensive Plan and land use plans. He stated that Kent's water system boundary flows in and outside of the city's boundaries at several points; to Water District 111, Soos Creek Water and Sewer District, and Highline Water District service areas along the city's fringes. However, the majority of the city is served by Kent water. Bieren stated that in updating the WSP, staff evaluated Kent's existing system and its ability to serve Kent's immediate and future needs. In response to comments from Clark, Bieren stated that the Department of Health monitors water availability and testing for pollutants. They regulate existing agreements between water purveyors. PEDC Minutes August 11, 2008 Page 1 of 9 Bieren stated that a number of important things are happening in the Court System associated with the Municipal Water Law that Kent will watch closely and based on recent rulings may amend the Water System Plan if necessary. Bieren stated that unlike other jurisdictions, our water supply will meet Kent's needs through 2035. He stated that pressure issues exist on East and West Hill. Staff would like to construct a 640 zone storage tank on East Hill to raise the water surface elevation to 640 feet above sea level from its current water level of 590 feet to provide more storage and water pressure. Water pressure issues on West Hill have been corrected over the years through a system of pumps. Bieren stated that the Guiberson Reservoir on Scenic Hill needs to be replaced due to leaking. He stated that 12.5 million gallons of water is available to Kent through the Tacoma Second Supply Pipeline. He stated that Tacoma may opt to build a water treatment facility around 2013 or 2014 that would allow Kent to withdraw water from this pipeline year round. The cost to Kent would be approximately 40 million dollars. Bieren stated that the cost of the previously mentioned improvements, improvements related to the Kent East Hill Operations Center with a new testing facility, water main replacements and reservoir replacements will run about $150 to $160 million dollars. Drainage Master Plan Environmental Engineer Beth Tan stated that the Drainage Master Plan (DMP) was last updated in 1985. She stated that the city has completed a Capital Improvement Plan and acquired property through annexations. Tan stated that a lot of growth has occurred since 1985 and Kent has acquired more impervious area. She stated that maintenance needs have changed and flooding issues have occurred. Tan stated that staff reviewed flooding risks and considered how to reduce flooding damage associated with Kent's streams, Mill Creek, Springbrook Creek, Garrison Creek, Meridian Valley Creek, and Soosette Creek. Tan stated that staff looked at the flooding issues within Kent's local drainage systems or pathways that exist in Kent's storage facilities, specifically the water detention structures and the two dams on Mill Creek. Tan stated that staff looked at Kent's infrastructure, future stormwater main replacement needs, habitat restoration, wetland preservation, and water quality issues. Tan stated that water quality issues includes Kent's unfunded permit (a National Pollution Discharge Elimination System (NPDES) Phase II permit) mandated but unfunded by the Department of Ecology's rules and regulations. She stated that staff has considered how the City will maintain records and monitor the daily load compliance within the NPDES. The second Water Quality issue is meeting compliance within a TMDL. Tan defined TMDL as a " total maximum daily load PEDC-Minutes August 11, 2008 Page 2 of 9 compliance" by stating the State maintains maximum daily loads for various nutrients and temperature in stream bodies. Tan stated that Kent monitors phosphorus in Lake Fenwick as a requirement of WA Department of Ecology, which will require water quality restoration improvements to reduce the total phosphorus within that lake outlet and maintain acceptable levels of phosphorus per the State's requirement standards. Tan stated that the City is mandated to comply with the maintenance requirements within the Phase II permit to avoid potential lawsuits or a fine from the Department of Ecology. Tan stated that the Washington State Department of Ecology regulates the Clean Water Act under the leadership of the Environmental Protection Agency. Tan stated that staff considered the drainage component of Kent's 6-Year Transportation Improvement Program (TIP) and 20-Year Transportation Master Program (TMP) with respect to the storm water facilities that staff will have in place as transportation improvements are made. She stated that those improvements include curb edge for storm water systems, water quality systems, and the acquisition of property for those storm water facilities will come from the drainage rate fund. Tan stated that staff looked at the Green River Levee repair and replacement -work. She stated that the US Army Corp of Engineers in collaboration with the King County Flood Control Zone District is currently working on some projects in Kent. Tan stated that the King County Flood Control Zone District is a countywide program responsible for maintaining and repairing levees in King County. She stated that a portion of property tax is appropriated for the King County Flood Control Zone District, with a share of those funds given to each district. Some of those funds are budgeted for the repair and replacement of some of the Green River levees. Tan stated that staff estimates that it will cost about $200 million dollars to replace all the levees in Kent and have them FEMA certified, with $70 million dollars received from the King County Flood Control Zone District. Tan stated that Kent receives funds from the Army Corp of Engineers (ACOE) annually, but the amount varies from year to year. She stated that the ACOE often shares the cost on major projects with the King County Flood Control Zone District and Kent. In response to Albertson, Tan clarified that property owners in the Valley will be challenged to have their property insured if Kent's levees are not certified. Tan stated that the Federal Emergency Management Agency (FEMA) is in charge of certifying the levees and the flood insurance rate maps. She stated that FEMA is in the process of looking at Kent's levee maps. They created a preliminary new map which was appealed by Kent, King County and other jurisdictions. FEMA should have a new map available for review mid 2009. PEDC-Minutes August 11, 2008 Page 3 of 9 Tan stated that staff is looking at incorporating Low Impact Development (LID) i guidelines into the City's Surface Water Design Manual update to be completed by August 2009. Clark discussed drainage and water rate issues with staff. Tan stated that some of Kent's major projects include the Upper Mill Creek Dam improvements to increase storage along 104th Avenue, Mill Creek restoration from Smith to James, from James to Chandler Bay, and the Green River Natural Resource Area which store flood control water. Tan stated that staff discovered that they need to make outlet improvements to meet projected storage capacity within those areas. She stated that approximately 300 acre feet of storage are available at the Green River Natural Resource area site, but the outlet is not performing correctly. Tan stated that staff needs to complete some major improvements now, as the City is currently losing from 80 to 100 acre feet of storage within that facility. Tan stated that one project along the 76th Avenue Corridor, north of 228th, where there are a lot of businesses, continually experiences flooding, and has sustained road damage from all the water that ponds and seeps into the sub-grade. Tan stated that the intent of the 228th Street project is to divert some of the water flowing into the 76th Avenue area to the Green River Natural Resource Area to off- load some of the flooding. Tan stated that the cost to complete the projects ranges from $120 to $220 million dollars, based on whether or not Council decides to fund the levee repair work. Discussion ensued with respect to grade separation, the construction for over or underpasses with respect to the rail system and how water would be diverted from those areas. Capital Facilities Element of Comprehensive Plan Tan stated that staff has looked at the Goals and Policies contained in the Capital Facilities Element Chapter 8, and in the Land Use Element Chapter 4 of Kent's Comprehensive Plan. Staff made minor modifications to some goals and policies and moved other goals and policies from other elements of the comprehensive plan to the Capital Facilities Element related to utilities. Clark questioned whether the city was prepared to accommodate such services that would be required to adequately accommodate the anticipated growth without degrading levels of service were the Potential Annexation Area of Panther Lake annexed. He questioned if the City was negotiating with the County with respect to services. Bieren stated that staff is working to identify existing facilities in the Panther Lake area and what it would take to build facilities to Kent's Standards. He stated that it PEDC-Minutes August 11, 2008 Page 4 of 9 is his understanding that Kent is receiving full cooperation from King County in terms of identifying existing facilities. Tan stated that staff added new Goals and Policies. Goal CF-22 identifies the National Pollution Discharge Elimination System Phase II Permit. The goals and policies are taken straight from this permit Kent holds with the DOE. Goal CF-23 encourages the use of low impact development in construction projects. Tan stated that Kent has approximately 425 publicly maintained storm water detention ponds. She stated that those ponds collect, detain and release at a specific rate. Tan stated that staff looked at the City's existing drainage system and buildout and then took a more conservative approach in looking at the City's full buildout per the GMA requirements, excluding low impact development. Tan stated that Kent would have to improve the drainage system for those areas of Kent with a substantial redevelopment submittal, based on Kent City Code (KCC) requirements. Tan stated that KCC requires redevelopments to follow guidelines laid out in the Surface Water Design Manual. She stated that if those guideline thresholds are exceeded the redevelopment would be required to construct detention areas and meet the water quality requirements for the redevelopment of that area. Bieren spoke about the Capital Facilities Plan Goals CF-25, 26, 27, 28 and 29. Bieren stated that the DMP, WSP and associated Comprehensive Plan Element changes are scheduled to go before the Public Works Committee on August 18th and to City Council on September 2"d for adoption. Anderson stated that the Land Use and Planning Board (LUPB) reviewed the DMP and WSP, unanimously recommending approval of the plans, as well as the changes to the Capital Facilities Element in the Comprehensive Plan. Anderson stated that the LUPB was impressed with what the Public Works Department had presented in the plans, thought the plans were comprehensive, and easy to understand. She stated that some citizens voiced their concerns with drainage and flooding along Military Road and they are in attendance at this meeting. Tan stated that staff will be going out to those sites to address these concerns and the City will be cleaning the manhole that had overflowed on a twice yearly basis. Ms. Charlie King, 26201 Military Road So, stated that she spoke before the LUPB with respect to the manhole at the top of her driveway that spewed over 240 gallons of muddy water into the basement of her home, causing over $10,000 worth the damage to her floors and eroding the fill under her driveway. King stated that neither she nor her neighbors have been contacted by City staff. PEDC-Minutes August 11, 2008 Page 5 of 9 King stated that rather than using the terminology "encouraging" or `promote", she would support using the terminology "require" with respect to low impact development. She stated that a developer would be "required" rather than encouraged to meet specific development conditions. Bieren stated that any new or redevelopment would be required to meet the City's drainage standards. Tan stated that Kent adopted a Storm Water Surface Manual in 2002 that includes detention and water quality requirements for any development or redevelopment. Tan stated that the Drainage Master Plan requires redevelopments to pay for their development systems and any necessary improvements to restore the water systems. She stated that after the DMP is adopted, the City can request new developments in those areas to increase their pipe size in order to maintain positive water flow. Roseanne Torgerson, 26015 Military Rd S, clarified that four neighbors attended the July 28th LUPB meeting and three voiced their concerns. Torgerson stated that the people residing along Military Road are risking their safety by climbing into the drainage ditches to clean them out and clear the ends of the culverts to keep the water system working. Bieren stated that he believes the drainage issues along Military have been brought to the Public Works Maintenance Operations attention to look at. He encourages the public to call the City at 253.856.5600 when they notice any problem areas that need attention. Torgerson voiced her concerns with: 1) the flooded muddy bus stop on Military Road in front of her property, 2) the buildup of contaminates and debris which forms a berm, when City maintenance crews come through with their equipment to maintain the edge of the roadway, 3) the creek that has formed and runs down her driveway whenever it rains, as the result of the berm transforming her driveway into a low area 4) the turf left behind in the ditches after the maintenance crews have been through which blocks the culverts. Bieren stated that the City's maintenance crew generally places those tailings alongside those ditches that can handle them, and can continue to operate. He stated that if the ditches need to be cleaned out, City staff will pick up those tailings and take them to a site where they are tested. Bieren encouraged folks to call the city to report any localized clumps of debris clogging a culvert, so that City staff could take care of it. Bieren stated that the road bed has been improved over the years. He stated that there are potential improvements for the future to widen that section of Military Road and improve the drainage system's capacity. Bieren stated that Torgerson's concerns would be addressed through the DMP, as there is a maintenance component that talks about increasing maintenance in areas PEDC-Minutes August 11, 2008 Page 6 of 9 such as Military Road. He stated that staff has budgeted for a rate increase that may help to take care of this situation. Torgerson spoke about issues with respect to fire hydrant damage, accessability, and visibility. Bieren stated that the City works with the Fire Department to resolve these types of problems. Charles Findley, 26425 Military Rd. S, stated that the V-shaped drainage ditch fronting his property at 26505 Military Rd. S. has made it difficult for him to mow his lawn. Findley stated that he would like to see this ditch filled in, replace the drainage ditch with a pipe system that runs down to I-5. Clark MOVED to approve the recommendation of the Land Use and Planning Board to amend the Capital Facilities Element of the Kent Comprehensive Plan and incorporate the 2008 Water System Plan by reference into the Kent Comprehensive Plan and adopt the same by ordinance. Harmon SECONDED the Motion. Motion PASSED 3-0. Harmon MOVED to approve the recommendation of the Land Use and Planning Board to adopt the 2008 Water System Plan by ordinance. Clark SECONDED the Motion. Motion PASSED 3-0. Clark MOVED to approve the recommendation of the Land Use and Planning Board to amend the Capital Facilities Element of the Kent Comprehensive Plan and incorporate the Drainage Master Plan by reference into the Kent Comprehensive Plan and adopt the same by ordinance. Harmon SECONDED the Motion. Motion PASSED 3-0. Harmon MOVED to approve the recommendation of the Land Use and Planning Board to adopt the Drainage Master Plan by ordinance. Clark SECONDED the Motion. Motion PASSED 3-0. #CPA-2007-4 Midway Subarea Plan Interlocal Agreement Modification Long Range Planner Gloria Gould-Wessen stated that Kent would like to amend the Midway Planning area project's interlocal agreement between the cities of Kent and Des Moines to include five parcels in the Midway planning study area which are located in the New Alaska Trailer Park off of 240tn , and in the West Hill Mobile Manor off of 2601n Gould-Wessen stated that the Midway planning project is a joint effort between the cities of Kent and Des Moines, partially funded by Washington State Department of Community Trade and Economic Development (CTED). She stated that the assembly of boundaries was defined during a joint Council Committee meeting held between the cities of Kent and Des Moines in February 2008. Those boundaries along with a mission statement, goals and a list of deliverables were tied to the CTED grant, are part of this interlocal agreement between the cities which were signed and became effective June 6, 2008. PEDC-Minutes August 11, 2008 Page 7 of 9 A Ise Z aX A r 4 I—Al, RECEfVfl r, CITY OF KENT JUL 2 8 2008 LAND USE& LNG BOARD EXHIBIT 40+ OR;k AlAo*r t64�- 4,AX4,.og4 I RECEIVED C!TY OF KENT JUL 2 8 2008 LAND USE&P NG BOARD EXHIBIT Ar-4 w--- A .40, A 't iA RECEIVED CITY OF KENT JUL 2 8 2008 LAND USE&Pj-NG BOARD vo EXHIBIT As Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 6P 1. SUBJECT: WATER SYSTEM PLAN ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. adopting the 2008 Water System Plan and authorize the Public Works Director to proceed with approval of the Plan. The plan was completed by City of Kent staff and their consultants, and is the framework for water system improvements, maintenance, and replacement needs to 2030 buildout. The plan is updated every six (6) years. The Water System Plan is available on the City's website at: http://www.ci.kent.wa.us/t)ublicworks/index.aspx?id=2698. ' 3. EXHIBITS: Ordinance; Staff Memo dated 8/6/08 to PEDC from Mike Mactutis and Mark Howlett; SEPA Addendum and Adoption Notices; 7/28/08 LUPB Minutes; 8/11/08 PEDC Minutes; and LUPB Exhibit #1-Comment Letter from Water District #111 4. RECOMMENDED BY: Public Works Committee and Planning & Economic LDevelopment Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ' ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington adopting the 2008 Water System Plan. RECITALS A. The City's comprehensive Water System Plan, when integrated into the City's Comprehensive Plan, will serve as the City's blueprint for long- range acquisition, storage, and delivery of potable water to meet the fire, life safety, and commercial/industrial demands of the City water customers. The Washington State Department of Health requires an update of the City's Water System Plan every six (6) years, and the last adopted update was ' published in 2002. B. On June 5, 2008, the City provided the State of Washington with the required sixty (60) day notification under RCW 36.70A.106 of the City's proposed adoption of the 2008 Water System Plan and corresponding amendment to the Capital Facilities Element of the Comprehensive Plan. ' C. On July 21, 2008, the City's SEPA responsible official adopted 1 existing environmental documents consisting of the City of Kent Comprehensive Plan Environmental Impact Statement (EIS) Draft and Final (ENV-93-51) and a SEPA Addendum, dated July 21, 2008 (ENV-2008-24/25). 1 2008 Water System Plan The SEPA Addendum explained that the proposed Water System Plan would not create unavoidable impacts beyond those previously identified in the EIS. D. The City Council's Public Works Committee analyzed the development of the Water System Plan at its meetings on June 16, 2008; , July 7 and 21, 2008; and August 4 and 18, 2008. Development of the Water System Plan and the public involvement process continued with Land Use 1 and Planning Board workshops on June 9 and July 14, 2008, and a public hearing on July 28, 2008. Adoption of the Water System Plan and the adoption of the corresponding amendments to the Capital Facilities Element of the Comprehensive Plan were also considered by the City Council's ' Planning and Economic Development Committee on August 11, 2008. On September 2, 2008, the City Council adopted the Water System Plan for the ' City of Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Incorporation of Recitals. The preceding recitals are ' incorporated herein. SECTION 2. - Amendment. The 2008 Water System Plan as attached and incorporated as Exhibit "A" is adopted by the City of Kent. ' SECTION 3. - Severability. If any one or more sections, sub- sections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of , this ordinance and the same shall remain in full force and effect. 2 2008 Water System Plan , 1 SECTION A. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after the date of passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of September, 2008. APPROVED: day of September, 2008. PUBLISHED: day of September, 2008. I herebycertify that this is a true co of Ordinance No. Y copy ' passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK ' P\Civil\Ordinance\2008watersystemplan doc 3 2008 Water System Plan ' PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • Phone: 253-856-5500 KENT Fax: 253-856-6500 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 6, 2008 To: Chair Elizabeth Albertson and Planning and Economic Development Committee Members From: Mike Mactutis, P.E., Environmental Engineering Manager Mark Howlett, P.E., Design Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Kent Comprehensive Plan Update MOTION: I move to approve/deny/modify the recommendation of the Land Use and Planning Board to amend the Capital Facilities element of the Kent Comprehensive Plan, incorporate the 2008 Water System Plan by reference into the Kent Comprehensive Plan, and adopt the same by ordinance. MOTION: I move to approve/deny/modify the recommendation of the Land Use and Planning Board to adopt the 2008 Water System Plan by ordinance. MOTION: I move to approve/deny/modify the recommendation of the Land Use & Planning Board to amend the Capital Facilities element of the Kent Comprehensive Plan, incorporate the Drainage Master Plan by reference into the Kent Comprehensive Plan, and adopt the same by ordinance. MOTION: I move to approve/deny/modify the recommendation of the Land Use & Planning Board to adopt the Drainage Master Plan by ordinance. Summary: The City of Kent staff and their consultants have completed amendments to the Comprehensive Plan to include the 2008 Water System Plan and Drainage Master ' Plan. The Comprehensive Plan, Element 8, Capital Facilities was modified to include the updated information of the water and drainage plans along with an update of the Goals and Policy section. The plans and Capital Facilities Element update were prepared according to the requirements of the Growth Management Act. Following their July 28, 2008 public hearing, the Land Use and Planning Board unanimously recommended approval of the plans and the amendments to the Kent Comprehensive Plan. Background/History: The Drainage Master Plan is a comprehensive review of all watersheds within the City limits. The plan includes hydrologic and hydraulic analysis of major storm water conveyance pipes and streams, determination of areas of infrastructure 1 replacement and/or improvement, alternatives to correct drainage problems, and projected costs estimates and requirements of the National Pollution Discharge Elimination System Phase II permit. The plan also includes stream, wetland, flood ' protection, critical areas protection and improvement projects to benefit wildlife, water quality and aesthetic value to the City. The Comprehensive Water System Plan is the framework for updating, repair, and replacement of the City's water service lines. The City plan will also include the needs for improvements in storage capacity, water pressure requirements, ' regulatory requirements, fire code standards, and protection of the Clark Springs Water Supply System and Well Head Protection. CA/pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2008\CPA-2008-3_WaterSystem&Drainage Plan- UtilityElem\PEDC\081108_StaffRpt_CW SP-DM P-Final.doc Eric: 2008 Water System Plan, including Wellhead Protection Program Phases I and II; Drainage Master Plan; Capital Facilities Element Amdmts; SEPA Addendum and Adoption Notice; Exhibits from LUPB hearing of 7/28/08. , PEDC Meeting 8/11/08 ' Kent Comprehensive Plan Update Please note that these documents (though not attached within this packet) may be accessed through the following City of Kent's Websites: ' http://www.ci.kent.wa.us/publicworks/index.asi)x?id=9136 (Water) http://www.ci.kent.wa.us/publicworks/index.aspx?id=9134 (Drainage) • 2008 Water System Plan • The Wellhead Protection Program Phase I and II • The Drainage Master Plan; • The Capital Facilities Element Amendments r COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager • Phone: 253-856-5454 KEN T Fax: 253-856-6454 W A 9 N I N O T O N Address: 220 Fourth Avenue S. ' Kent, WA 98032-5895 CITY OF KENT 1 ADDENDUM TO THE KENT COMPREHENSIVE PLAN ENVIRONMENTAL IMPACT STATEMENT (#ENV-93-51) Capital Facilities Element, Drainage Master Plan and Water System Plan CPA-2008-3 (#RPP6-2081907) ENV 2008-24/25 (#RPSA 2082266 and 2082340) ' Responsible Official: Charlene Anderson, AICP SCOPE The City of Kent has completed environmental analysis, pursuant to the State Environmental Policy Act (SEPA), for an amendment to the Capital Facilities Element of the Comprehensive Plan, including adoption of the Drainage Master Plan and Water System Plan and their incorporation into the Comprehensive Plan as appendices. The plans are based upon and support the City's Land Use Plan Map as identified in the Comprehensive Plan. The Drainage Master Plan provides the framework for alleviating localized flooding, flood prevention, habitat and wetland restoration, and protecting water quality within the City for the next 10 years. It also provides the framework to address requirements of mandatory permits such as the Total Maximum Daily Load (TMDL) and National Pollutant Discharge Elimination System Phase 2 Permit. The 2008 Water System Plan is a compilation of planning and engineering analysis conducted to determine the adequacy of the Kent Water System to meet the existing and projected requirements for provision of domestic and fire protection service within its established service area. The plans inventory the existing systems, use land use assumptions to estimate future conditions, identify deficiencies, specify projects, actions and requirements for meeting the drainage and water system needs, and include multiple funding approaches. The proposed amendments to the Capital Facilities Element summarize the two plans and bring the Capital Facilities Element current. ' Although extensive, the update does not substantially change the direction, theme, goals or policies of the Comprehensive Plan adopted in 1995 and 1 updated in 2004. Therefore, it is appropriate to utilize the Environmental Impact Statement (EIS) that was completed for the 1995 Comprehensive Plan to meet the statutory requirements of the State Environmental Policy Act associated with this proposal. The EIS was programmatic in nature and evaluated general characteristics and potential impacts associated with the adoption of the proposed goals and policies of the 1995 Comprehensive Plan. ' The impacts and mitigation alternatives that were evaluated at that time are ENV-2008-24 and 25 Capital Facilities Element, Drainage Master Plan and Water System Plan Comprehensive Plan EIS-Addendum still valid today and also were adequate to address the 2002/2004 Comprehensive Plan update. The proposed Capital Facilities Element, Drainage Master Plan and Water System Plan utilize the Land Use Plan Map as the basis for their projected needs. The scope of this addendum adds analysis to the Comprehensive Plan Environmental Impact Statement (EIS) in the following area: water. BACKGROUND The proposed amendment to the Capital Facilities Element and adoption and ' incorporation of the Drainage Master Plan and Water System Plan began with City Council approval of consultant contracts in 2007. For the Drainage Master Plan update the City formed and worked with a citizen's task force to gain information and comments. The previous comprehensive drainage master plan was completed in 1985, over 20 years ago. New federal and state regulations have significant implications on the City's drainage , management planning, including regulations under the Clean Water Act, National Pollutant Discharge Elimination System Phase II Permitting, and Total Maximum Daily Load requirements. For the Water-System Plan, the State Department of Health requires an update of the City's plan every six years, ensuring reliable, safe drinking water throughout the City's water service area to meet the fire, life safety, and commercial/industrial demands ' of the City's water customers. The proposed amendments bring the Capital Facilities Element, Drainage Master Plan and Water System Plan current by providing additional analysis of the existing systems and identifying future needs based on the Land Use Plan Map. The plans inventory the existing systems, use land use assumptions to estimate future conditions, identify deficiencies, specify projects, actions and requirements for meeting the drainage and water system needs, and include multiple funding approaches. , This environmental analysis provides an addendum to the City's Comprehensive Plan EIS related to this nonproject action. SEPA COMPLIANCE In October 1993, the City of Kent issued a Determination of Significance (DS) and Notice of Scoping for the Comprehensive Plan (ENV-93-51). After a ' series of public meetings, a Draft Environmental Impact Statement (DEIS) was issued on July 18, 1994 for the Draft Comprehensive Plan, issued on the same date. The DEIS was distributed to City Council and Planning Commission members, adjacent jurisdictions, affected agencies and other parties of interest. After comments on the DEIS were solicited and reviewed, a Final Environmental Impact Statement (FEIS) was issued and distributed , on January 30, 1995. The EIS analyzed the environmental impacts of the Comprehensive Plan, ' which was adopted April 18, 1995. The purpose of the EIS for the Comprehensive Plan was to assess the impacts of the Plan on the City and its growth area. The EIS does not analyze the significance of site specific impacts; it analyzes the significance of impacts on a broad area. Page 2 of 5 ENV-2008-24 and 25 Capital Facilities Element, Drainage Master Plan and Water System Plan Comprehensive Plan EIS-Addendum This Addendum to the Kent PP Comprehensive Plan EIS appends that document. P The state SEPA statute requires the City to complete environmental analysis for non-project actions such as Comprehensive Plans. Jurisdictions may meet this requirement through the adoption of existing environmental documents and through the use of addenda to provide additional information that does not substantially change the analysis of the prior document (WAC 197-11-600). The update to the Capital Facilities Element including adoption and incorporation of the Drainage Master Plan and Water System Plan provides additional data and analysis but does not necessitate modification of the Comprehensive Plan EIS analysis or mitigation measures since it does not substantially change the analysis of significant impacts and alternatives from the Comprehensive Plan EIS, draft and final. STATEMENT OF CONSISTENCY ' Future project permit applications that may be undertaken to implement the Capital Facilities Element, Drainage Master Plan and Water System Plan will be subject to and shall be consistent with the following: City of Kent Comprehensive Plan, the Kent City Code, Uniform Fire Code, Uniform Building Code, Public Works Standards and all other applicable laws and ordinances in affect at the time a complete project permit application is filed. ENVIRONMENTAL REVIEW - SCOPE OF EIS ADDENDUM The City of Kent has followed the process of phased environmental review as it undertakes actions to implement and amend the Comprehensive Plan. The State Environmental Policy Act (SEPA) and rules established for the act, WAC 197-11, outline procedures for the use of existing environmental documents and preparing addenda to environmental decisions. Non-project Documents - An EIS prepared for a comprehensive plan, development regulation, or other broad based policy documents are considered "non-project," or programmatic in nature (see WAC 197-11-704). These are distinguished from EISs or environmental documents prepared for specific project actions, such as a building permit or a road construction project. The purpose of a non-project EIS is to analyze proposed alternatives and to provide environmental consideration and mitigation prior to adoption of an alternative. It is also a document that discloses the process used in evaluating alternatives to decision-makers and citizens. Phased Review - SEPA rules allow environmental review to be phased so that ' review coincides with meaningful points in the planning and decision making process, (WAC 197-11-060(5)). Broader environmental documents may be followed by narrower documents that incorporate general discussion by 1 reference and concentrate solely on issues specific to that proposal. SEPA rules also clearly state that agencies shall use a variety of mechanisms, including addenda, adoption and incorporation by reference, to avoid duplication and excess paperwork. Prior Environmental Documents - The City of Kent issued a Draft ' Environmental Impact Statement (DEIS) for the Comprehensive Plan on July Page 3 of 5 ENV-2008-24 and 25 Capital Facilities Element, Drainage Master Plan and Water System Plan Comprehensive Plan EIS-Addendum 18, 1994 (#ENV-93-51 . The DEIS analyzed three comprehensive plan land use alternatives, and recommended mitigation measures, which were used in preparing comprehensive plan policies. The preferred land use alternative which was incorporated into the Comprehensive Plan was most closely related to Alternative 2 of the DEIS, (the mixed-use alternative). A Final Environmental Impact Statement (FEIS) was issued on January 30, 1995, and the Comprehensive Plan was adopted by the City Council on April 18, 1995. Therefore, the impacts of the Land Use and Capital Facilities Elements including the Drainage Master Plan and Water System Plan as adopted in the Comprehensive Plan are within the range of impacts evaluated in the EIS. Scope of Addendum - As outlined in the SEPA rules, the purpose of an addendum is to provide environmental analysis with respect to the land use and zoning designation for the subject property. This analysis builds upon the Comprehensive Plan EIS but does not substantially change the identified impacts and analysis; therefore it is prudent to utilize the addendum process as outlined in WAC-197-11-600(4)(c). ENVIRONMENTAL ELEMENTS All environmental elements were adequately addressed within the parameters of the City of Kent Comprehensive Plan EIS, draft and final. The Comprehensive Plan EIS evaluated the potential impacts associated with the build-out of the city, consistent with the Comprehensive Plan. The EIS also identified broad measures to mitigate those impacts. The proposed update to the Capital Facilities Element, approval and incorporation of the Drainage Master Plan and the Water System Plan do not substantially change the scope, goals and/or policies identified in the 1995 Comprehensive Plan. Generally, the proposal adds analysis from recent regional and local studies, census information and other city planning documents. Independent environmental review, pursuant to SEPA, was completed for each annexation area at the time those properties were annexed into the City of Kent. Additionally, separate environmental review was completed at the time past Comprehensive Plan updates were adopted. The proposed amendment to the Capital Facilities Element, approval and incorporation of the Drainage Master Plan and Water System Plan consolidate the goals and policies from these past reviews and does not merit additional mitigation from that expressed in the, Comprehensive Plan EIS, draft and final, to protect the natural environment. Subsequent "project" actions would require the submittal of separate environmental checklists, pursuant to SEPA, which will be analyzed for consistency with the original mitigating conditions and may , require new mitigation based upon site-specific conditions. I. DISCUSSION OF ENVIRONMENTAL ELEMENTS Water The proposal includes goals, policies and strategies to monitor and improve drainage and water systems and to provide additional opportunities for efficiency, conservation and low impact development strategies, as well as staff training and increased public outreach and education. , Page 4 of 5 ENV-2008-24 and 25 Capital Facilities Element, Drainage Master Plan and Water System Plan Comprehensive Plan EIS-Addendum II. SUMMARY AND RECOMMENDATION A. SUMMARY Kent City Code section 11.03.510 identifies plans and policies from which the City may draw substantive mitigation under the State Environmental Policy Act. The amendment to the Capital Facilities Element including adoption and incorporation of the Drainage Master Plan and Water System Plan have been evaluated in light of those substantive plans and policies as well as within the overall analysis completed for the City's Comprehensive Plan EIS. B. DECISION The City of Kent Comprehensive Plan EIS, draft and final, provided extensive analysis with regard to the environmental impacts associated with the implementation of the Comprehensive Plan. The mitigating conditions included anticipated impacts associated with the increased traffic, sensitive areas and storm water runoff, as well as impacts to public services and utilities. The City has reviewed the proposed Comprehensive Plan update and has found it to be generally consistent with the range, types and magnitude of impacts and corresponding mitigation outlined in the Comprehensive Plan EIS. The update addresses improvements to the drainage and water systems required in order to accommodate the types and intensities of build- out associated with the comprehensive Plan EIS alternatives. This analysis and subsequent addendum did not identify any new significant impacts associated with this proposal. Therefore, this addendum, combined with the Comprehensive Plan EIS adequately ' evaluate potential adverse environmental impacts and provide appropriate mitigation. Based upon this analysis, a separate threshold determination is not required for this action. This document and corresponding environmental record may be utilized in the future in conjunction with environmental review for future project and non- project land use proposals and plans within the City in accordance with the guidelines provided by WAC 197-11. Dated: July 21, 2008 Signature: ' Charlene Anderson, AICP, Responsible Official CA:jm\\S:\Permit\Plan\Env\2008\2082266_2340-2008-24_25d mpwspaddendum.doc Page 5 of 5 KENT WA S M I M"To" ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS #ENV-2008-24/25 KIVA #RPSA-2082266 and 2082340 Adoption Document(s): EIS Description of current proposal: The action proposed by the City consists of the update of the Capital Facilities Element of the Comprehensive Plan including adoption and incorporation of the Drainage Master Plan and Water System Plan. Proponent: City of Kent Location of progosal: The proposal is a city-wide action. Title of document(s) being adopted: City of Kent Comprehensive Plan Environmental Impact Statement Draft (July 1994) and Final (January 1995) — Prepared by the City of Kent. Description of document (or portion) being adopted: The City of Kent Comprehensive Plan EIS is being adopted in total. This document evaluated three different land use alternatives for the city. The analysis evaluated the type and range of impacts to the environment associated with each land use alternative and associated development regulations. If the document has been challenged (WAC 197-11-630), please describe: The document was not challenged. Document availabilitv:This document is available for review at the City of Kent Planning Services office, 400 West Gowe, Kent, WA 98032 from 8:00 am to 5:00 pm. We have identified and adopted this document as being appropriate for this proposal after independent review. Along with the addendum, this document meets our environmental review needs for the current proposal and will accompany the proposal to the decisionmaker(s). Name of agency adopting the document: City of Kent Contact person/Responsible Official: Charlene Anderson, AICP (253) 856-5431 Planning Manager City of Kent Community Development Dept. 220 Fourth Ave South Kent, WA 98032 Date: 07/21/08 Signatur CA:jm\\5:\Permit\Plan\Env\2008\2082266_2340-2008-24_25dmpwspadopt.doc i LAND USE & PLANNING BOARD MINUTES JULY 28, 2008 BOARD MEMBERS PRESENT/ABSENT: Chair Jon Johnson, Vice-Chair Dana Ralph, Steve Dowell, Alan Gray, Aleanna Kondelis - absent/excused, Jack Ottini, Barbara Phillips STAFF MEMBERS PRESENT: Charlene Anderson, Mike Mactutis, Chad Bieren, Beth Tan, Kim Adams Pratt Auaroval of Minutes Ottini MOVED and Gray SECONDED a Motion to APPROVE the Minutes of May 12, 2008. Motion PASSED 6-0. Added Items, Communications, Notice of Upcomina Meetings None #CPA-2008-3 Water System Plan/Drainage Master Plan/Wellhead Protection Program Phase I & II/Capital Facilities Element of Kent Comprehensive Plan Water System Plan Engineering Supervisor Chad Bieren stated that the Department of Health requires the City to update the Water System Plan every six years. Bieren stated that staff looked at Kent's water system to ensure that Kent could meet land use requirements for the foreseeable future, that the City's i projected growth is consistent with the Kent Comprehensive Plan, and to make sure that the water system could sustain the city's growth pattern. Bieren stated that the water system boundary is not necessarily the same as the corporate limits of Kent citing that Water District 111, Highline Water District, and Soos Creek Water and Sewer District also serve different areas of the City. Bieren stated that Kent has enough water supply to meet future needs. Staff evaluated the ability of Kent's existing system to handle fire-flow requirements and other issues regarding the treatment and/or delivery of water to homes throughout the City. Staff developed a long range plan for improving and developing the system. Bieren stated that West Hill's storage capacity is insufficient, and East Hill will have insufficient capacity once it is built-out. He stated that there are water mains throughout the city that require replacement within the distribution system, due to age and/or new fire-flow requirements. Bieren stated that Kent will construct a new West Hill reservoir near the Armory south of Military Road, replace the leaking Guiberson Reservoir on Scenic Hill and build a new 640 zone reservoir near Clark Lake to alleviate storage and fire flow Land Use and Planning Board 1 of 6 Minutes July 28, 2008 pressure issues on East Hill. The new East Hill reservoir would raise the water surface elevation from 590 feet to 640 feet above sea level. Bieren cited additional key improvements such as building a Kent East Hill Operations Center, and a Tacoma Pipeline Treatment Facility that would allow Kent to access 12.5 million gallons of water a day. He stated that these improvements would cost from $150 to $160 million dollars and are necessary improvements. Bieren submitted Table 11.3 documented as an Exhibit for the record. In response to Board member Gray, Bieren stated that a water rate increase is necessary to fund improvements, to handle increasing maintenance operations costs, and to fund capital improvements related to the Tacoma Pipeline and the new reservoirs. He stated that the improvements are necessary due to Department of Health and Department of Ecology requirements. Bieren stated that the City needs both a rate increase and bonds to get those projects built earlier, with the rate increase covering repayment of some of those bonds. He stated that it is necessary for the City to retain a 60 to 90 day cash reserve to sustain a healthy water system and to keep bond ratings low. Bieren stated that at this time, the City has only a 20 day reserve which needs to be built up to maintain bond ratings at an optimum level. Drainage Master Plan Environmental Engineer Beth Tan stated that the Drainage Master Plan (DMP) was last updated in 1985. Since that time, Kent has annexed areas and implemented Capital Improvement Plans. Staff has taken a comprehensive look at the infrastructure system within Kent for drainage. Tan stated that much of Kent's drainage system pipe infrastructure was built before 1980. She stated that staff has taken a comprehensive look at Kent's streams, the flooding risks, and how Kent can reduce potential damages due to flooding through our creek systems. Tan stated that staff looked at the city's localized drainage system, citing that staff is considering how to improve water storage capacity along Mill Creek. Tan stated that an element of the DMP is water quality, which is dependent on an unfunded mandated program called the National Pollutant Discharge Elimination System Phase Two Permit, implemented by the Department of Ecology. Tan stated that another element staff looked at was habitat, fish passage, wetland preservation and restoration. She stated that staff looked at the drainage component of Kent's Transportation Improvement Program (TIP). She stated that for the past few years, the drainage utility has paid for part of the transportation program related to storm water and water quality facilities, and curb, gutter, sidewalk infrastructure that are part of major road expansions. Land Use and Planning Board 2 of 6 Minutes , July 28, 2008 Tan stated that staff looked at the Green River Levee repair and replacement work that is needed and which will be shown on preliminary updated Federal Emergency Management Agency (FEMA) maps. Tan stated that some of Kent's major projects include Upper Mill Creek Dam off of 104th, restoration work along Mill Creek on Smith to James, and from James to Chandler Bay needed to decrease flooding along James St. and the surrounding local areas. She cited Green River Natural Resource area improvements, replacement of culverts and restoration work on 76th Avenue and Mill Creek, 228th area conveyance work, monitoring the total maximum daily load requirements on Lake Fenwick to reduce the total phosphorus leaving the lake, and the East Hill 144th Avenue SE culvert replacement. Tan stated that staff has added Goals 22 and 23 to the DMP; pertaining to the National Pollutant Discharge Elimination System Program that Kent is required to follow, and to implement low-impact development for the design and construction of projects within Kent. Tan stated that she has added a supplement to the DMP to include the Green River Duwamish Ecosystem Restoration Program; an ongoing cost sharing partnership between Kent and the Army Corp of Engineers. She stated that staff added two additional East Hill projects; SE 236th Street culvert replacement, and stream restoration work on Meridian Valley Creek at 240th and 132"d Bieren stated that a few changes to the Capital Facilities Element within the Water Plan section are similar to ones in the previous version of Kent's Comprehensive Plan, with language added to update them; citing changes to CF-27, 28 and 29. Bieren stated that staff intends to take these plans to the Public Works Committee August 4th, to the Planning & Economic Development Committee August 11th and to the City Council for implementation and adoption on August 19th Bieren stated that any question concerning rates will be addressed separately following adoption of the plans. Chair Johnson opened the public hearing. Ms. Charlie King, 26201 Military Rd. S, voiced her concerns with drainage issues. ' She stated that she experienced water damage twice in the fall of 2007 from flooding runoff which caused erosion to her property. She stated that she built a retaining wall to repair the damage. Ms. King stated that her neighbor Lois Steinborg's culvert was built in 1970 and has eroded away. A small creek has formed that flows into the eroded culvert which can no longer handled runoff from even a small rain. Ms. King stated that her neighbors would like to know how the City can help them maintain proper flow from the runoff. Land Use and Planning Board 3 of 6 Minutes July 28, 2008 King stated that the culvert running under Military Road flows into a lidded holding tank located at the top of her driveway then goes underneath her driveway into the creek. She stated that she feels the holding tank had not been properly maintained , since the previous rainfall, that the holding tank blew its top, causing a geyser at the top of her driveway and within minutes 240 gallons of muddy water flowed through her window well onto her new parquet floors. Ms. King stated that 911 was unable to assist her. She stated that she called people to pump out the water who did so by candlelight due to power outages. Ms. King stated that she spoke with Kent staff who came to her home, sandbagged her house, cleaned the driveway of mud and debris, and filled in the erosion that was washed out under her driveway. She stated that the damage to her property was over $10,000. King expressed appreciation on behalf of herself and her neighbors for the opportunity to voice their concerns. Tan stated that the DMP addresses future road-widening projects along Military Road, stating that the storm water system would be updated and massaged at that time. Chair Johnson asked staff to consider how they could resolve this problem. Tan stated that it might just be an issue of having the City's storm water crew adding that area to a more frequent scheduling of maintenance and making sure that the catch basin is cleaned out. Charles Findley, 26425 Military Rd. S, stated that he owns the property at 26505 Military Rd. S. He stated that a pipe runs under Military Road from the east to the west side of the road. He stated that there is a pretty good running stream during a heavy rain, otherwise the rain seeps into the ground by the fire station at 26512 Military Rd. S. Findley stated that he would like to see a pipe installed in the V-shaped ditch fronting his property at 26505 Military Rd, running that pipe to the edge of the property and possibly to I-5. He stated that he would like the ditch filled in to even out his property, so he can safely mow his lawn. Tan stated that as part of the Drainage Master Plan, staff looked at the needs within Kent to increase maintenance on these drainage systems, open ditches, and storm water ponds. She stated that Kent's facilities do not meet the National Pollution Discharge Elimination System Permit requirements. Tan stated that Public Works would like additional staff to handle those maintenance needs and the need for additional staffing is addressed in the Plan. Roseanne Torgerson, 26015 Military Rd. S, submitted a layout of pictures documented as an Exhibit for the record. She stated that she frequently cleans up litter and a drainage ditch that fronts Military Road. Torgerson stated that despite clearing the ditch and opening the ends of the culverts, the road edge around the bus stop in front of her property is muddy and flooded whenever it rains. Land Use and Planning Board 4 of 6 Minutes July 28, 2008 Torgerson stated that when it rains, a creek runs down her main driveway and ponds in front of her house. She stated that when road crews trim the grass along Military Road, they leave debris behind which creates a berm along the road's edge and causes her driveway to become the lowest point along Military Road. Torgerson stated that a developer has been filling and grading his property to the rear of their property for years. She stated that he has graded his property toward the wetland, which drains into the wetland, and has created a pond at the rear of her property. Torgerson stated that road clearing equipment are damaging fire hydrant protectors, then not clearing those areas and continuing on. She stated that hydrants need to be accessible and cleared of debris. Torgerson stated that there is a lot of development going on north of her on both sides of Military along South 2591" and Reith Road. She stated that trucks haul in fill and rocks; have lost those rocks, launching many of them onto her property as they went by. Dowell recommended that Torgerson contact the City's Engineering Department to see if the developer behind her property has been issued a permit for fill or grading. Pam Cobley, Roth Hill Engineering, stated her firm represents Water District No. 111. She stated that she was notified on Tuesday of last week, that the Planning Board would be holding a public hearing on the 2008 Draft Water System Plan. She stated that prior to this they were not notified that a draft plan was available as a public review document. She stated that given that the District is within the City's water service area, the District wishes to review the City's Draft Water System Plan. Ms. Cobley stated that they have not had enough time to provide a thorough review and are letting the Board know that they will be reviewing the plan and providing comments as soon as possible. Ms. Cobley submitted a letter into the record documented as an exhibit. Dowell MOVED and Gray SECONDED a Motion to accept the letter into the record. Motion Carried 6-0. Giles Hulsmann, 923 Shaw Rd, Puyallup stated that he represents King County Drainage District #1. He voiced his appreciation that staff has kept them informed iof this process since they are part of the storm drainage system within the valley. He stated that they look forward to the continuing review of this master plan and would like to be a party of record. Heidi Campbell, 725 2--d Avenue S stated that she lives a couple blocks south of Willis. She stated that it was discovered that the water main in front of her landlord's property had been leaking and seeping up through the surface of the roadway. She stated that the City Water Department patched the area and staff stated that this was the third time they had come out to fix this eroding water main Land Use and Planning Board 5 of 6 Minutes July 28, 2008 and that it needs to be replaced. Campbell emphasized that it is critical that this water main be repaired prior to the rainy season and would like clarification that this will happen. , Bieren stated that he would follow up to determine if this main is scheduled for replacement this year. Ottini MOVED and Dowell SECONDED a Motion to accept the documents described as Table 11.3 submitted by Bieren and pictures submitted by Ms. Torgerson into the record. Motion CARRIED 6-0. Seeing no further speakers, Gray MOVED and Ottini SECONDED a Motion to close the Public Hearing. Motion CARRIED 6-0. Ottini commended staff on the excellent job they did in presenting the information that was discussed by the Board at previous workshops, in terms that laymen could understand. He stated that these are ongoing projects that need to be completed for Kent as a growing city, and that staff crafted a carefully thought out plan. Ottini MOVED to accept CPA-2008-3; 2008 Water System Plan, Drainage Master Plan, Wellhead Protection Program Phase I & II and Capital Facilities Element of Kent`s Comprehensive Plan including amendments presented by staff. Ralph SECONDED the Motion. Motion CARRIED 6-0. Adjournment Chair Johnson adjourned the meeting at 8:00 p.m. Charlene Anderson, AICP Planning Manager e e g ger a Secretary of the Board S:\Perm it\Pla n\LU PB\2008\MINUTES\072808_LUPB_M in.doc Land Use and Planning Board 6 of 6 Minutes , July 28, 2008 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 111 2008 Committee Members Chair Elizabeth Albertson, Ron Harmon, Tim Clark. Albertson called the meeting to order. Approval of Minutes Clark MOVED and Harmon SECONDED to approve the minutes of June 9, 2008. Motion PASSED 3-0. Countywide Planning Policy Amendment, Annexation Area Planning Manager Charlene Anderson explained that these are proposed amendments to the Countywide Planning Policies (CPP) approved through King County Council and the Growth Management Planning Council (GMPC). Anderson stated that these motions relate to adjusting the interim Potential Annexation Area Map, and amend policies related to annexing areas that are claimed on a Potential Annexation Area map by more than one city. Anderson stated that the policy amendments relate specifically to the North Highline area. She stated that neither the map nor the policies affect Kent. Harmon MOVED to recommend to the Full Council ratification of the amendments to the Countywide Planning Policies approved under the GMPC Motions Numbers: 07-1, 07-2, 07-4, 08-1, 08-2, 08-3, and 08-4, amending the interim potential annexation area map and the Countywide Planning Policies Land Use #31 and Land Use #32. Clark SECONDED the Motion. Motion PASSED 3-0. #CPA-2008-3 2008 Water System Plan, Drainage Master Plan, Wellhead Protection Program Phase I & II, and Amendment of Kent Comprehensive Plan Capital Facilities Element Water System Plan Bieren stated that staff is updating the Water System Plan (WSP) as required by the Department of Health every six years. He stated that staff's analysis must be consistent with Kent's Comprehensive Plan and land use plans. He stated that Kent's water system boundary flows in and outside of the city's boundaries at several points; to Water District 111, Soos Creek Water and Sewer District, and Highline Water District service areas along the city's fringes. However, the majority of the city is served by Kent water. Bieren stated that in updating the WSP, staff evaluated Kent's existing system and its ability to serve Kent's immediate and future needs. In response to comments from Clark, Bieren stated that the Department of Health monitors water availability and testing for pollutants. They regulate existing agreements between water purveyors. PEDC Minutes August 11, 2008 Page 1 of 9 Bieren stated that a number of important things are happening in the Court System associated with the Municipal Water Law that Kent will watch closely and based on recent rulings may amend the Water System Plan if necessary. Bieren stated that unlike other jurisdictions, our water supply will meet Kent's needs through 2035. He stated that pressure issues exist on East and West Hill. Staff would like to construct a 640 zone storage tank on East Hill to raise the water surface elevation to 640 feet above sea level from its current water level of 590 feet to provide more storage and water pressure. Water pressure issues on West Hill have been corrected over the years through a system of pumps. Bieren stated that the Guiberson Reservoir on Scenic Hill needs to be replaced due to leaking. He stated that 12.5 million gallons of water is available to Kent through the Tacoma Second Supply Pipeline. He stated that Tacoma may opt to build a water treatment facility around 2013 or 2014 that would allow Kent to withdraw water from this pipeline year round. The cost to Kent would be approximately 40 million dollars. Bieren stated that the cost of the previously mentioned improvements, improvements related to the Kent East Hill Operations Center with a new testing facility, water main replacements and reservoir replacements will run about $150 to $160 million dollars. Drainage Master Plan Environmental Engineer Beth Tan stated that the Drainage Master Plan (DMP) was last updated in 1985. She stated that the city has completed a Capital Improvement Plan and acquired property through annexations. Tan stated that a lot of growth has occurred since 1985 and Kent has acquired more impervious area. She stated that maintenance needs have changed and flooding issues have occurred. Tan stated that staff reviewed flooding risks and considered how to reduce flooding damage associated with Kent's streams, Mill Creek, Springbrook Creek, Garrison Creek, Meridian Valley Creek, and Soosette Creek. Tan stated that staff looked at the flooding issues within Kent's local drainage systems or pathways that exist in Kent's storage facilities, specifically the water detention structures and the two dams on Mill Creek. Tan stated that staff looked at Kent's infrastructure, future stormwater main replacement needs; habitat restoration, wetland preservation, and water quality issues. Tan stated that water quality issues includes Kent's unfunded permit (a National Pollution Discharge Elimination System (NPDES) Phase II permit) mandated but unfunded by the Department of Ecology's rules and regulations. She stated that staff has considered how the City will maintain records and monitor the daily load compliance within the NPDES. The second Water Quality issue is meeting compliance within a TMDL. Tan defined TMDL as a " total maximum daily load PEDC-Minutes August 11, 2008 Page 2 of 9 �i compliance" by stating the State maintains maximum daily loads for various nutrients and temperature in stream bodies. Tan stated that Kent monitors phosphorus in Lake Fenwick as a requirement of WA Department of Ecology, which will require water quality restoration improvements to reduce the total phosphorus within that lake outlet and maintain acceptable levels of phosphorus per the State's requirement standards. Tan stated that the City is mandated to comply with the maintenance requirements within the Phase II permit to avoid potential lawsuits or a fine from the Department of Ecology. Tan stated that the Washington State Department of Ecology regulates the Clean Water Act under the leadership of the Environmental Protection Agency. Tan stated that staff considered the drainage component of Kent's 6-Year Transportation Improvement Program (TIP) and 20-Year Transportation Master Program (TMP) with respect to the storm water facilities that staff will have in place as transportation improvements are made. She stated that those improvements include curb edge for storm water systems, water quality systems, and the acquisition of property for those storm water facilities will come from the drainage rate fund. Tan stated that staff looked at the Green River Levee repair and replacement work. She stated that the US Army Corp of Engineers in collaboration with the King County Flood Control Zone District is currently working on some projects in Kent. Tan stated that the King County Flood Control Zone District is a countywide program responsible for maintaining and repairing levees in King County. She stated that a portion of property tax is appropriated for the King County Flood Control Zone District, with a share of those funds given to each district. Some of those funds are budgeted for the repair and replacement of some of the Green River levees. Tan stated that staff estimates that it will cost about $200 million dollars to replace all the levees in Kent and have them FEMA certified, with $70 million dollars received from the King County Flood Control Zone District. Tan stated that Kent receives funds from the Army Corp of Engineers (ACOE) annually, but the amount varies from year to year. She stated that the ACOE often shares the cost on major projects with the King County Flood Control Zone District and Kent. In response to Albertson, Tan clarified that property owners in the Valley will be challenged to have their property insured if Kent's levees are not certified. Tan stated that the Federal Emergency Management Agency (FEMA) is in charge of certifying the levees and the flood insurance rate maps. She stated that FEMA is in the process of looking at Kent's levee maps. They created a preliminary new map which was appealed by Kent, King County and other jurisdictions. FEMA should have a new map available for review mid 2009. PEDC-Minutes August 11, 2008 Page 3 of 9 Tan stated that staff is looking at incorporating Low Impact Development (LID) guidelines into the City's Surface Water Design Manual update to be completed by August 2009. Clark discussed drainage and water rate issues with staff. Tan stated that some of Kent's major projects include the Upper Mill Creek Dam improvements to increase storage along 104t" Avenue, Mill Creek restoration from Smith to James, from James to Chandler Bay, and the Green River Natural Resource Area which store flood control water. Tan stated that staff discovered that they need to make outlet improvements to meet projected storage capacity within those areas. She stated that approximately 300 acre feet of storage are available at the Green River Natural Resource area site, but the outlet is not performing correctly. Tan stated that staff needs to complete some major improvements now, as the City is currently losing from 80 to 100 acre feet of storage within that facility. Tan stated that one project along the 76t" Avenue Corridor, north of 228t", where there are a lot of businesses, continually experiences flooding, and has sustained road damage from all the water that ponds and seeps into the sub-grade. Tan stated that the intent of the 228t" Street project is to divert some of the water flowing into the 76t" Avenue area to the Green River Natural Resource Area to off- load some of the flooding. Tan stated that the cost to complete the projects ranges from $120 to $220 million dollars, based on whether or not Council decides to fund the levee repair work. Discussion ensued with respect to grade separation, the construction for over or underpasses with respect to the rail system and how water would be diverted from those areas. Capital Facilities Element of Comprehensive Plan Tan stated that staff has looked at the Goals and Policies contained in the Capital Facilities Element Chapter 8, and in the Land Use Element Chapter 4 of Kent's Comprehensive Plan. Staff made minor modifications to some goals and policies and moved other goals and policies from other elements of the comprehensive plan to the Capital Facilities Element related to utilities. Clark questioned whether the city was prepared to accommodate such services that would be required to adequately accommodate the anticipated growth without degrading levels of service were the Potential Annexation Area of Panther Lake annexed. He questioned if the City was negotiating with the County with respect to services. Bieren stated that staff is working to identify existing facilities in the Panther Lake area and what it would take to build facilities to Kent's Standards. He stated that it PEDC-Minutes August 11, 2008 Page 4 of 9 is his understanding that Kent is receiving full cooperation from King County in terms of identifying existing facilities. Tan stated that staff added new Goals and Policies. Goal CF-22 identifies the National Pollution Discharge Elimination System Phase II Permit. The goals and policies are taken straight from this permit Kent holds with the DOE. Goal CF-23 encourages the use of low impact development in construction projects. Tan stated that Kent has approximately 425 publicly maintained storm water detention ponds. She stated that those ponds collect, detain and release at a specific rate. Tan stated that staff looked at the City's existing drainage system and buildout and then took a more conservative approach in looking at the City's full buildout per the GMA requirements, excluding low impact development. Tan stated that Kent would have to improve the drainage system for those areas of Kent with a substantial redevelopment submittal, based on Kent City Code (KCC) requirements. Tan stated that KCC requires redevelopments to follow guidelines laid out in the Surface Water Design Manual. She stated that if those guideline thresholds are exceeded the redevelopment would be required to construct detention areas and meet the water quality requirements for the redevelopment of that area. Bieren spoke about the Capital Facilities Plan Goals CF-25, 26, 27, 28 and 29. Bieren stated that the DMP, WSP and associated Comprehensive Plan Element changes are scheduled to go before the Public Works Committee on August 181h and to City Council on September 2nd for adoption. Anderson stated that the Land Use and Planning Board (LUPB) reviewed the DMP and WSP, unanimously recommending approval of the plans, as well as the changes to the Capital Facilities Element in the Comprehensive Plan. Anderson stated that the LUPB was impressed with what the Public Works Department had presented in the plans, thought the plans were comprehensive, and easy to understand. She stated that some citizens voiced their concerns with drainage and flooding along Military Road and they are in attendance at this meeting. Tan stated that staff will be going out to those sites to address these concerns and the City will be cleaning the manhole that had overflowed on a twice yearly basis. Ms. Charlie King, 26201 Military Road So, stated that she spoke before the LUPB with respect to the manhole at the top of her driveway that spewed over 240 gallons of muddy water into the basement of her home, causing over $10,000 worth the damage to her floors and eroding the fill under her driveway. King stated that neither she nor her neighbors have been contacted by City staff. PEDC-Minutes August 11, 2008 Page 5 of 9 King stated that rather than using the terminology "encouraging" or 'promote", she j would support using the terminology "require" with respect to low impact development. She stated that a developer would be "required" rather than encouraged to meet specific development conditions. Bieren stated that any new or redevelopment would be required to meet the City's drainage standards. Tan stated that Kent adopted a Storm Water Surface Manual in 2002 that includes detention and water quality requirements for any development or redevelopment. Tan stated that the Drainage Master Plan requires redevelopments to pay for their development systems and any necessary improvements to restore the water systems. She stated that after the DMP is adopted, the City can request new developments in those areas to increase their pipe size in order to maintain positive water flow. Roseanne Torgerson, 26015 Military Rd S, clarified that four neighbors attended the July 28th LUPB meeting and three voiced their concerns. Torgerson stated that the people residing along Military Road are risking their safety by climbing into the drainage ditches to clean them out and clear the ends of the culverts to keep the water system working. Bieren stated that he believes the drainage issues along Military have been brought to the Public Works Maintenance Operations attention to look at. He encourages the public to call the City at 253.856.5600 when they notice any problem areas that need attention. Torgerson voiced her concerns with: 1) the flooded muddy bus stop on Military Road in front of her property, 2) the buildup of contaminates and debris which forms a berm, when,City maintenance crews come through with their equipment to maintain the edge of the roadway, 3) the creek that has formed and runs down her driveway whenever it rains, as the result of the berm transforming her driveway into a low area 4) the turf left behind in the ditches after the maintenance crews have been through which blocks the culverts. Bieren stated that the City's maintenance crew generally places those tailings alongside those ditches that can handle them, and can continue to operate. He stated that if the ditches need to be cleaned out, City staff will pick up those tailings and take them to a site where they are tested. Bieren encouraged folks to call the city to report any localized clumps of debris clogging a culvert, so that City staff could take care of it. Bieren stated that the road bed has been improved over the years. He stated that there are potential improvements for the future to widen that section of Military Road and improve the drainage system's capacity. Bieren stated that Tor erson's concerns would be addressed through the DMP as 9 9 there is a maintenance component that talks about increasing maintenance in areas PEDC-Minutes August 11, 2008 Page 6 of 9 such as Military Road. He stated that staff has budgeted for a rate increase that may help to take care of this situation. Torgerson spoke about issues with respect to fire hydrant damage, accessability, and visibility. Bieren stated that the City works with the Fire Department to resolve these types of problems. Charles Findley, 26425 Military Rd. S, stated that the V-shaped drainage ditch fronting his property at 26505 Military Rd. S. has made it difficult for him to mow his lawn. Findley stated that he would like to see this ditch filled in, replace the drainage ditch with a pipe system that runs down to I-5. Clark MOVED to approve the recommendation of the Land Use and Planning Board to amend the Capital Facilities Element of the Kent Comprehensive Plan and incorporate the 2008 Water System Plan by reference into the Kent Comprehensive Plan and adopt the same by ordinance. Harmon SECONDED the Motion. Motion PASSED 3-0. Harmon MOVED to approve the recommendation of the Land Use and Planning Board to adopt the 2008 Water System Plan by ordinance. Clark SECONDED the Motion. Motion PASSED 3-0. Clark MOVED to approve the recommendation of the Land Use and Planning Board to amend the Capital Facilities Element of the Kent Comprehensive Plan and incorporate the Drainage Master Plan by reference into the Kent Comprehensive Plan and adopt the same by ordinance. Harmon SECONDED the Motion. Motion PASSED 3-0. Harmon MOVED to approve the recommendation of the Land Use and Planning Board to adopt the Drainage Master Plan by ordinance. Clark SECONDED the Motion. Motion PASSED 3-0. #CPA-2007-4 Midway Subarea Plan Interlocal Agreement Modification Long Range Planner Gloria Gould-Wessen stated that Kent would like to amend the Midway Planning area project's interlocal agreement between the cities of Kent and Des Moines to include five parcels in the Midway planning study area which are located in the New Alaska Trailer Park off of 240tn , and in the West Hill Mobile Manor off of 260tn Gould-Wessen t t the Midway in h stated that d ay planning protect is a Joint effort between the cities of Kent and Des Moines, partially funded by Washington State Department of Community Trade and Economic Development (CTED). She stated that the assembly of boundaries was defined during a joint Council Committee meeting held between the cities of Kent and Des Moines in February 2008. Those boundaries along with a mission statement, goals and a list of deliverables were tied to the CTED grant, are part of this interlocal agreement between the cities which were signed and became effective June 6, 2008. PEDC-Minutes August 11, 2008 Page 7 of 9 rr s 75 COMMISSIONERS G.Cline terDistrict 27224 WA 98venue S E Gary G.Cline Kent,WA BB042-905$ Patrick M Hanis Phone.253-VI-3770 72 Charles E,Wilson W(J #111 , KING COUNTY Fax'253 www.wdl l l corn rn GENERAL MANAGER tt Chris Hail RECEIVED CITY OF KENT JUL 2 8 2008 July 28, 2008 LAND USE&Pt_IVG BOARD EXHISIT / City of Kent Land Use and Planning Board 220 4`h Avenue South Kent,WA 98032-5895 RE: 2008 Water System Plan June 2009 Draft Dear Land Use and Planning Board; On Tuesday, July 22, 2008, we were notified that the Land Use and Planning Board was holding a public hearing on the 2008 Water System Plan. We had not received prior notice from the City that a draft Plan was available for review and comment. The District is a water purveyor adjacent to the City's Water Service area. Given the City's water service area proximity to the District's as well as the relationship between our two agencies we are very interested in reviewing the draft Plan that is before you tonight for a public hearing. However, we have not had enough time to review your Plan. Nonetheless, we will review the draft Plan and provide any questions, comments or concerns as soon as possible, Please feel free to contact me if you have any questions or would like to discuss this matter further at(253)631-3770 Sincerely, William C. Hall General Manager Cc. John Milne, District Attorney, Insiee, Best, Doezie & Ryder, P& Greg Hill, Erik Waligorski, Pam Cobley, Roth Hill Engineering Kent City Council Meeting Date September 2, 2008 Category Consent Calendar - 60 1. SUBJECT: COMPREHENSIVE PLAN ORDINANCE AMENDING THE CAPITAL FACILITIES ELEMENT AND INCORPORATING THE 2008 WATER SYSTEM PLAN AND THE DRAINAGE MASTER PLAN - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending the Capital Facilities Element of the Kent Comprehensive Plan and incorporating the Drainage Master Plan and 2008 Water System Plan by reference into the Kent Comprehensive Plan. Please refer to Agenda Items 0 and P of the Consent Calendar for the complete Drainage Master Plan and 2008 Water System Plan. 3. EXHIBITS: Ordinance with Capital Facilities Element Exhibit• 7 28 08 LUPB Minutes; 8/11/08 PEDC Minutes; 8/6/08 Staff Memo to PEDC from Mike Mactutis and Mark Howlett; SEPA Addendum and Adoption Notices 4. RECOMMENDED BY: Planning_& Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Capital Facilities Element of the City's Comprehensive Plan related to the adoption of the 2008 Water System Plan and the Drainage Master Plan. (CPA-2008-3). RECITALS A. When integrated into the City of Kent's Comprehensive Plan the City's Drainage Master Plan (DMP) serves as the City's blueprint for long- range stormwater, flood protection, and drainage planning. Similarly, the City's comprehensive Water System Plan when incorporated into the City's Comprehensive Plan guides long-range acquisition, storage, and delivery of potable water to meet the fire, life safety, and commercial/industrial demands of the City water customers. With the adoption of a new DMP and the 2008 Water System Plan, the Capital Facilities Element of the Comprehensive Plan requires corresponding amendments. B. The Growth Management Act ("GMA") requires the City to establish procedures governing amendments to the Comprehensive Plan that limit amendments to once each year unless certain circumstances exist. RCW 36.70A.130(2). The City has established a procedure for amending the Comprehensive Plan in Chapter 12.02 Kent City Code (KCC), which allows amendments in addition to the standard annual update if an emergency 1 Comprehensive Plan Amendment Capital Facilities Element Amendment CPA 2008-3 exists. Resolution No. 1789 was adopted on May 20, 2008, finding that pursuing an amendment to the Capital Facilities Element related to the 2008 Water System Plan and the DMP is an issue of community-wide significance i constituting an emergency under Kent City Code 12.02.010(A), and authorizing the amendment to proceed outside the annual amendment process in KCC 12.02.030. C. The DMP, 2008 Water System Plan, and corresponding amendment to the Capital Facilities Element have undergone extensive public process. These meetings provided an opportunity for information and analysis regarding the ongoing development of the DMP, the 2008 Water System Plan, and Capital Facilities Element. The DMP update process included the formation of a citizen's task force and solicitation of comments from the general public through open house meetings. The City Council's Public Works Committee has considered the DMP issues during its meetings on November 5, 2007; January 22, 2008; April 7, 2008; May 5, 2008; June 16, 2008; July 7 and 21, 2008; and August 4, 2008. The Public Works Committee also considered the Water System Plan during its meetings on June 16, 2008; July 2 and 21, 2008; and August 4, 2008. The Land Use and Planning Board analyzed and reviewed the DMP, Water System Plan, and Capital Facilities Element amendments during its workshops on June 9 and 23, 2008, and July 14, 2008. The Board also held a public hearing on July 28, 2008. On August 11 and 18, 2008, the Planning and Economic Development Committee and the Pubic Works Committee, respectively, considered finalized versions of these items. D. On June 5, 2008, the City provided the State of Washington with the required sixty (60) day notification under RCW 36.70A.106 of the City's proposed adoption of the DMP, the 2008 Water System Plan, and corresponding amendments to the Capital Facilities Element of the Comprehensive Plan. 2 Comprehensive Plan Amendment Capital Facilities Element Amendment CPA 2008-3 E. On July 21, 2008, the City's SEPA responsible official adopted existing environmental documents consisting of the City of Kent Comprehensive Plan Environmental Impact Statement (EIS) Draft and Final (ENV-93-51) and a SEPA Addendum, dated July 21, 2008 (ENV-2008-24/25). The SEPA Addendum explained that the proposed DMP, Water System Plan and Capital Facilities Element amendments would not create unavoidable impacts beyond those previously identified in the EIS. F. On September 2, 2008, the City Council approved an amendment to the Capital Facilities Element of the Comprehensive Plan. This amendment was made in accord with Kent City Code 12.02.050. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Incorporation of Recitals. The preceding recitals are incorporated herein. SEC ION 2. -Amendment. The Capital Facilities Element of the City Y of Kent's Comprehensive Plan is amended as attached and incorporated as Exhibit"A," the 2008 Water System Plan adopted on September 2, 2008 is incorporated by reference into the Kent Comprehensive Plan, and the Drainage Master Plan also adopted on September 2, 2008 is incorporated by reference into the Kent Comprehensive Plan. SECTION 3. - Severability. If any one or more sections, sub- sections, 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. 3 Comprehensive Plan Amendment Capital Facilities Element Amendment CPA 2008-3 SECTION 4, - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after the date of passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of September, 2008. APPROVED: day of September, 2008. PUBLISHED: day of September, 2008. 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 1 v\avll\Ordinance\OaPkalFadliti sElementAmend(Water&Dralnage).2808 dac 4 Comprehensive Plan Amendment Capital Facilities Element Amendment CPA 2008-3 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT INTRODUCTION The Capital Facilities Element is a required element of the Ci 's Comprehensive Plan p q ty p mandated by the Washington State Growth Management Act(GMA). This element contains goals and policies related to the provision and maintenance of public services and capital facilities required to adequately support anticipated growth during the next twenty (20) years. The goals and policies of this element are consistent with the Land Use, Transportation, and Park & Open Space Elements. Further, the Capital Facilities Element, in its incorporation of the Capital Improvement Program (CIP) by reference and partial publication addresses the development activities undertaken by the City to accommodate the demand for public services. The CIP is updated annually to coincide with the Council budgeting process. The CIP lists adopted and funded capital and operating projects with costs and revenues identified over a six(6)year period. While the Capital Facilities Element includes summary information, inventories and levels- of-service pertaining to parks, open space, and transportation facilities; more comprehensive consideration of these policy areas are provided in the Park & Open Space and Transportation Elements of the Comprehensive Plan. Other City-provided services and facilities are considered more fully within this element. Some of these services and facilities are internal to the effective functioning of Kent City government, but most services and facilities considered in this element serve the public directly. The Capital Facilities Element contains goals and policies to guide the provision and maintenance of public services and capital facilities with performance measures for assessing the adequacy of public services and capital facilities to meet population and employment growth. The Capital Facilities Element considers over the next twenty (20) years the performance of public services and related capital needs in maintaining or elevating the provision of public services according to adopted level-of-service (LOS) standards. Requirements of the Growth Management Act The Growth Management Act (GMA) requires the Comprehensive Plan to identify existing and future public facilities needed to be consistent with the Land Use Element. Updates of the Capital Improvement Program (CIP), which contains a list of adopted capital projects including costs and projected revenues, are incorporated into the Capital Facilities Element through the annual budgeting process by City Council ordinance. The GMA requires that services and facilities provided to residents and businesses by adjacent jurisdictions and public agencies must also be considered. Several providers of public services and facilities serve Kent, and the operating plans of these agencies are referenced in the Comprehensive Plan. 1 Concurrency and Levels-of-Service One of the goals of the GMA is to have public services and capital facilities provided concurrent with or prior to development. This concept is known as "concurrency," also called "adequate public facilities". In the City of Kent, concurrency requires 1) services and facilities which serve the development to be in place at the time of development(or for some types of facilities, a financial commitment to be made to provide for services and facilities within a specified period of time) and; 2) services and facilities which serve the development to have sufficient capacity to serve the development without decreasing level- of-service (LOS) below minimum standards adopted in the Capital Facilities Element. In order to make use of the LOS method, the City selects the way in which it will measure performance of each service or amount of each type of facility (i.e., response time, acres, gallons, etc.). It also identifies the current and proposed LOS standard for each measurement. The standards adopted should be considered to reflect the quality of life against which performance of services or provision of facilities are measured for concurrency. The GMA specifically requires concurrency for transportation facilities. The GMA,through the Countywide Planning Policies (specifically LU-29) requires all other public services and facilities to be "adequate" (see RCW 19.27.097, 36.70A.020, 36.70A.030, and 58.17.110). Concurrency management will ensure that sufficient public service and facility capacity is available for each proposed development. Capital Facilities Planning and Finance The GMA requires cities and counties to approve and maintain a six (6) year capital facilities plan which includes requirements for specific types of capital facilities, measurable level-of-service (LOS) standards, financial feasibility, and assurance that adequate facilities will be provided as population and employment growth occurs. The Annual Budget Document and six-year Capital Improvement Program (CIP) fulfill the GMA requirement for facilities planning; but, in addition, these documents serve as a foundation for City fiscal management and eligibility for grants and loans. These documents and the Capital Facilities Element provides coordination among the City's many plans for capital improvements, including other elements of the Comprehensive Plan, operating plans of departmental service providers, and facilities plans of the State, the region, and adjacent local jurisdictions. The CIP identifies the location and cost of needed facilities, and the sources of revenue that will be used to fund the facilities. The CIP, which is a component of this Element, is approved through the annual budgeting process. Subsequently adopted amendments to the CIP and the Annual Budget Documents are hereby incorporated by reference into this Element. The Capital Facilities Element contains or refers to LOS standards for each public service and facility type, and requires that new development be served by adequate services and facilities. Operating plans of the City and other public services and facilities providers also contain information associated with levels-of-service. The Annual Budget Document and Six-Year CIP contain broad goals and specific financial policies that guide and implement the provision of adequate public services and facilities. The CIP must be financially feasible; in other words, dependable revenue sources must equal or exceed anticipated costs. If the costs exceed the revenue, the City must reduce its levels-of-service, reduce costs, or modify the Land Use Element to bring development into balance with available or affordable facilities. 2 The GMA mandates forecasts of future needs for capital facilities and the use of standards for levels of service of facility capacity as the basis for public facilities contained in the CIP [see RCW 36.70A.020 (12)]. As a result, requested public services and facilities detailed in the CIP must be based on quantifiable, objective measures of service or facility capacity, such as traffic-volume capacity per mile of road and acres of park land per capita, or average emergency response times. BACKGROUND POPULATION AND SERVICE AREAS The City of Kent population has grown through annexations, in-migration and births to 84,275 as of 2002. Kent's Planning Area, which includes the Potential Annexation Area (PAA), has a 2000 population of 103,521. Based on estimates from the Puget Sound Regional Council (PSRC), the projected population for the Kent Planning Area in 2020 is anticipated to number approximately 124,903. Some service agencies of the City and other public service providers have different geographic boundaries and may therefore assume different service population figures. Operating plans of these service providers should be referenced for more accurate population and service area information. Maps provided in this Element indicate service areas for agencies servicing homes and businesses within Kent, its PAA, and adjacent areas. Setting the Standards for Levels-of-Service Because the projected demand for public services and capital facilities will be largely influenced by the appropriate level-of-service (LOS) measure adopted in the Capital Facilities Element, the key to adequate and timely provision of public services and capital facilities is the establishment of measurable and achievable LOS standards. LOS standards are measures of the quality of life of the community. The standards should be based on the Community's vision of its future and its values. The final legal authority to establish LOS standards rests with the City Council, because the City Council enacts the LOS standards that reflect the Community's vision. Selection of a specific LOS to be the "adopted standard" during g the original Comprehensive p P p Plan Capital Facilities Element drafting was accomplished by a 12-step process. The process could be described in brief as an assessment of inventoried City facilities and population, along with the costs of funded capital projects, including "non-capacity" projects that were under consideration at that time. The LOS standards were reflective of strategic capital facilities programming in the early 1990s. While capital improvement programs and capital facilities plans will continue to reflect strategic needs for capital projects during six (6) year cycles, many of the present levels-of-service reflect robust performance measures. Such performance measures are oriented toward assessing the quality of public services, and proposed capital projects would be expected to maintain or improve the level-of-service. Every year, as required by the Growth Management Act, department service providers reassess land use issues, inventories of public services and facilities, level-of-service standards, and projected revenues to determine what changes, if any are needed. The capital facility operating plans of the City of Kent, and other providers of services and facilities to Kent homes and businesses, contain technical information used in such reassessments, and are incorporated into the Capital Facilities Element by reference. 3 DESCRIPTION OF SERVICES, INVENTORIES AND LEVELS-OF- SERVICE BY SERVICE TYPE Measuring performance of and citizen satisfaction with City services has provided important indicators of achievements and needs for public services, and by extension, capital facilities. Budget requests for service programs and facilities are responsive to performance measures, which are impacted by growth. As will be frequently noted, many of the previously used measures for establishing level-of-service standards were more reflective of existing capital facilities inventories than of the performance of public services and provision of facilities that continue to directly contribute to the quality of life in Kent. Services or facilities operating below the established minimums for levels-of-service could be an indication that a need may exist for service improvements, programmatic changes, new or improved facilities, or a re-evaluation of the level-of-service standards. The current LOS for each service or facility may be found in the operating documents referenced in this Element, and in the City of Kent Performance Measurement Report. Police and Corrections The City of Kent Police Department provides a variety of patrol, investigative and community education services to Kent and neighboring jurisdictions as appropriate. The Police Department also provides correctional services, programs and facilities for the detention and rehabilitation of criminal offenders. The City of Kent Police Department has been periodically re-accredited by the nationally-recognized Commission on Accreditation for Law Enforcement Agencies (CALEA), for the quality of its performance on several objectives relating to field and administrative police work, and community involvement. This accreditation enables the Police Department to access grant funding, additional risk management training, and decreased operating insurance costs. The Corrections Division is pursuing a separate accreditation from the American Corrections Association that would entitle access to grant funding. Police Services and Facilities Inventory The Police Department serves Kent residents and businesses through its Patrol, Investigations, and Administrative Support Divisions. The Police Department contracts 911 emergency response through Valley Communications. The Police Headquarters building is located on the City Hall campus at 232 Fourth Avenue S. The City of Kent Corrections Facility is located at 1201 South Central. The Police/Fire Training Center is located on the East Hill at 24611 116`"Avenue SE. Police facilities are listed in the Table 8.1. i l 4 Table 8.1 Police Facilities Facility Name Location Capacity Evidence Area- City Hall 220 Fourth Avenue S 1,250 s.f. Midway Substation 25440 Pacific Highway S 750 s.f. North Hill Substation 20676- 72nd Avenue S 132 s.f. Police East Hill Substation 24611 - 116 Avenue SE 880 s.f. Police Headquarters 232 Fourth Avenue S 18,000 s.f. Police/Fire Training Center 24611 - 116 th Avenue SE 8,000 s.f. Firing Range 24611 - 116` Avenue SE 3,670 s.f. West Hill Substation 26512 Military Road S 910 s.f. Springwood Substation 27405 - 129th Place SE,#23 850 s.f. *Panther Lake Substation 21006- 132 nd Avenue SE 3,850 s.f. * Potential conversion of Fire Department Logistics Building. Correctional Services and Facilities Inventory The City of Kent Correctional Facility (CKCF) capacity is one hundred-thirty (130) beds. The correctional facility has an intergovernmental contract with the Federal Marshal's Office. Due to the opening of the Federal Correctional Facility in SeaTac, federal prisoners are housed at the CKCF infrequently. The average length of stays at the CKCF increased from 14 days in 2001 to 15 days in 2002. The Kent Police Department has focused efforts to address the increasing demands for jail capacity. The CKCF Programs Division added day reporting and work crew programs in 2002 to the existing electronic home detention, work release and work time credit programs. The CKCF is undertaking the challenge of becoming a fully-accredited correctional facility through the American Corrections Association, with an audit planned for the third quarter of 2003. Accreditation for the CKCF would provide increased access to grant funding and reduced liability insurance costs. Correctional facilities are listed in Table 8.2 and their locations are illustrated in Figure 8.1. Performance measures for Police LOS standards are found in Table 8.3. 5 Table 8.2 Correctional Facilities Facility Name Location Capacity Correctional Facility 1230 South Central Avenue 130 beds Corrections Annex 8309 South 259 Street 3,093 s.f. Kent Municipal/Aukeen 1210 South Central Avenue 4,600 s.f. District Court Table 8.3 Police LOS Standards Performance Measure LOS Standard Responsive Police Service Average response times to 6 minutes or less to scene from Top Priority Calls receipt of emergency call Community Sense of Annual Citizen Satisfaction 85% of respondents indicate Safety Survey respondents' feeling "somewhat safe" to perceived level of safe "very safe"in Kent As of 2002, the Kent Police Department is satisfactorily meeting both of the LOS standards. FIRE & LIFE SAFETY SERVICES The City of Kent Fire Department is responsible for delivering fire protection and emergency medical services to the City, and to the geographic area within King County Fire District#37 that includes the City of Covington. Fire Suppression & Emergency Medical Response units provide the most directly recognizable services to homes and businesses in Kent and other service area jurisdictions. Other fire districts adjacent to Kent may provide response assistance as requested. The Emergency Management Office and Fire Prevention Office carry out several objectives, including assessment and reduction of potential fire and life hazard risks through educational outreach programs and development plan inspections throughout the City. The Kent Fire Department is participating in an accreditation program offered jointly by the International Association of Fire Chiefs (IAFC), the Commission on Fire Accreditation International (CFAI), and the International Cities/Counties Management Association(ICMA). Fire & Life Safe Services and Facilities Inventor y ry The City owns six (6) fire stations: Station 71 (in the southern portion of Downtown Kent); Station 72 (Lake Meridian area); Station 73 (West Hill); Station 74 (East Hill); Station 75 (east, near Covington); and Station 76 (north, in the industrial area). A seventh station is located in Fire District#37 and is owned by the Fire District. Each station is equipped with at least one fire engine that carries emergency medical supplies and equipment. Each station is staffed with a minimum of three (3)personnel 24 hours per day, 365 days per year. Each station has future capacity for additional staffing. The Fire Department Logistics Building is presently used for equipment storage, and might be converted in the future for use as a 6 Police Department Substation serving the Panther Lake Potential Annexation Area. Table 8.4 lists each station, location, number and type of units in service, total station capacity, and minimum staffing. Table 8.4 Fire & Life Safety Facilities Facility Location Units Capacity Minimum Name in Service Staffing Station 71 504 West Crow Street Engine 71 and 3 Bays 5 —(3) Engine Aid 71 (2)Aid Station 72 25620 -1401h Avenue SE Engine 72 3 Bays 3 —Engine Station 73 26512 Military Road S Engine 73 3 Bays 3 —Engine Station 74 24611-116`h Avenue SE Ladder 74; 3 Bays 6—(3) Ladder Aid 74; and (2)Aid Battalion Chief (1) Battalion Chief Station 75 15635 SE 272"d Street Engine 75 3 Bays 3 —Engine Station 76 20676 - 72"d Avenue S Engine 76 3 Bays 3 —Engine Station 77 20717 - 132nd Avenue SE Engine 77 3 Bays 3 —Engine **Fire 21006 - 132 nd Avenue SE None 2 Bays None Department Logistics Building *Ladder Truck ** Existing use with potential conversion to Police substation serving Panther Lake Potential Annexation Area. All of the stations listed above with the exception of the Fire Department Logistics Building have capacity for one (1) or more additional staffed unit(s). Performance measures for fire and life safety LOS standards are found in Table 8.5. 7 Table 8.5 Fire& Life Safety LOS Standards Performance Measure LOS Standard Structural Fires Average response times 13 to 15 firefighters on scene within 10 minutes from origin of emergency call for 90% of events. Advanced Life Support (life Average response times 5 to 6 first responders to threatening)Incidents scene within 4 minutes from origin of emergency call for 90%of events. As of 2002, preliminary collection of data for response times indicates that the Fire Department LOS is not meeting the standard. It should be noted again that the Kent Fire Department, serves Fire District 37, which includes unincorporated King County, Covington,Maple Valley and Black Diamond. The Kent Fire Department is refining its data collection and analysis support functions in order to identify areas in need of capital and operating improvements. Such improvements would be pursued to reduce average response times. Police/Fire Training Center The Police/Fire Training Center is located on East Hill at 24611 116`h Avenue Southeast at Station 74. The Center, housed in an 8,000 square foot building, provides audio and visual equipment and other facilities for in-service training for City of Kent police officers and fire fighters. Instruction is conducted by Kent Police and Fire Department personnel, and by nationally known instructors from organizations such as the International Association of Police Chiefs and the State Fire Service. In addition to providing a facility for training City of Kent personnel, the training center also accommodates a satellite training program sponsored by the Washington State Criminal Justice Training Commission. CITY ADMINISTRATIVE OFFICES - GENERAL GOVERNMENT The City of Kent Operations Department manages several facilities and buildings necessary to the administrative and maintenance functions of the City. These include City Hall and the City Council Chambers, and the Centennial Center; all located in the heart of Downtown Kent. Table 8.6 below lists the name, location and capacity of each facility: 8 Table 8.6 City Administration Offices NAME LOCATION CAPACITY City Hall 220 -4th Avenue South 35,230 s.f. City Hall Annex 302 West Gowe Street 4,045 s.f. Centennial Center 400 West Gowe Street 70,670 s.f. PARKS,RECREATION AND COMMUNITY SERVICES The City of Kent Parks, Recreation and Community Services Department manages parks and open space resources, as well as the Senior Activity Center, Kent Commons, Kent Resource Center, and Riverbend Golf Complex; provides a wide range of recreational programs throughout the facilities; and administers funding in support of a variety of community service activities. Details for community service activities can be found in the Human Services Element, the Housing Element, and the 2003-2007 Consolidated Plan for Housing and Community Development. The 2000 Interim Comprehensive Parks, Recreation & Community Services Plan and the Park & Open Space Element of the Comprehensive Plan provides greater detail about facilities and LOS standards. Parks and Recreation Facilities The City of Kent owns and manages 95.7 acres of neighborhood park land and 1,247.3 acres of community park land within the current City limits. King County owns 0.5 acres located in Kent. Within Kent's Potential Annexation Area (PAA), King County owns 734 acres of park land. The Parks, Recreation and Community Services Department manages a wide variety of facilities located on park land, including the Senior Center, Kent Commons, Special Populations Resource Center, play fields, and trails. The Park & Open Space Element contains a current inventory of lands leased and owned by the City. Figure 10.1 and 10.2 of the Park & Open Space Element illustrate locations of parks and recreation facilities. Parks and Recreation Level-of-Service Standards The City of Kent Parks, Recreation and Community Services Department generally pursues land acquisitions to meet anticipated demand for open space based upon estimated population growth. As suitable land becomes available for development, the Parks, Recreation and Community Services Department considers purchases in balance with the anticipated population growth for the entire City. More detailed levels-of-service for Parks and Recreation services and facilities are provided in the Park & Open Space Element and the Interim 2000 Comprehensive Parks,Recreation&Community Services Plan. 9 PUBLIC UTILITY SERVICES The City of Kent is one among several providers of public utility services, for water distribution and storage, sewerage, and stormwater management. Other public providers adjacent to City of Kent utilities franchise areas coordinate with the City of Kent Public Works Department through interlocal service agreements. Privately-provided services such as energy distribution and storage, cable television, and telephone services are discussed in the Utilities Element. Sanitary Sewer Facilities The service area of the City of Kent Sewer Utility encompasses twenty-three (23) square miles and includes most of the incorporated City, as well as adjacent franchise areas within unincorporated King County. Since the existing collection system already serves most of the City's service area, expansion of this system will occur almost entirely by infill development, which will be accomplished primarily through developer extensions and local improvement districts. In general, the existing sewer system is sized based on existing standards which will carry peak flows generated by the service area for ultimate development. However, the City of Kent Comprehensive Sewerage Plan has identified various undersized lines, as well as others that require rehabilitation. King County-METRO has assumed the responsibility for interception, treatment, and disposal of wastewater from the City of Kent and communities throughout south, east and north King County at the South Treatment Plant located in Renton. Therefore, the City does not incur any direct capacity-related capital facilities requirements or costs for sanitary sewer treatment. METRO pump stations in Pacific, Black Diamond, and three (3) in the vicinity of the South Treatment Plant(Interurban and New Interurban) serve South King County. King County will provide additional wastewater capacity to serve a growing population in the Puget Sound area by constructing a new North Treatment Plant in the north service area (to be located in the vicinity of the boundary of King and Snohomish counties) and by expanding the South Treatment Plant to handle additional flow from south and east King County. The North Treatment Plant is anticipated to provide a capacity of thirty-six (36) million gallons per day (mgd) when operational in 2010, and the expansion of the South Treatment Plant in the year 2029 will increase system capacity from one hundred fifteen (115) mgd to one hundred thirty-five (135) mgd. Two conveyance improvements serving the South Treatment Plant are scheduled for completion both in the near-term and long- term. The improvements of Sections 1, 2, and 3 of the Parallel Auburn Interceptor are anticipated to be completed by 2004, and the planned three (3) to five (5) mgd expansion of effluent storage capacity is projected to be completed by 2029 . Adjacent sewer utilities providing service to Kent homes and businesses include Soos Creek Water& Sewer, the City of Auburn, Lakehaven Utility District, Midway Sewer District, the City of Tukwila and the City of Renton. Service connections exist between the City of Kent and these service purveyors, and interlocal agreements ensure continuous service. A complete inventory of sanitary sewer facilities and appropriate levels-of-service are found in the City of Kent Comprehensive Sewerage Plan, and operating comprehensive plans of adjacent purveyors of sewer service. These documents are on file with the City of Kent Public Works Department. Figure 8.3 illustrates the locations of the sanitary sewer service areas and facilities. 10 Stormwater Management Facilities The majority of the City of Kent is located within the Green River watershed, with stormwater flowing either directly to the Green River or to the Green River via a tributary creek. A smaller portion of the City,generally located west of I-5, flows either to Massey or McSorley Creeks, which drain directly to Puget Sound. Significant creek systems draining to the Green River are: Johnson Creek; Midway Creek; Mullen Slough; Mill Creek(Auburn); Mill Creek(Kent); Springbrook/Garrison Creek; Soosette Creek; Soos Creek/Meridian Valley Creek; and The"Lake Meridian Outlet"Creek. The last three creeks listed are tributary to Big Soos Creek,which in turn drains to the Green River east of Auburn. Figure 8.4 illustrates the drainage basins of Kent's storm drainage service area. The stormwater system is comprised of an extensive network of ditches, pipes, and stormwater quantity and quality control facilities which connect individual parcels with the City's surface water systems. The City also owns, operates and maintains several regional quantity and quality control facilities. These are the Green River Natural Resources Area (GRNRA), the Upper and Lower Mill Creek Detention Facilities, the 98th Avenue Garrison Creek Detention Facility, the Meridian Meadows Detention Facility, and the South 259th Street Detention Facility, the 1 lorseshoe Acres Pump Station and the constructed kyetland at Lake Fenwick.. Using, the C ity's GIS database records, the Drainage Master Plan (DMP) indicates a total of' 17 City-wide drainage basins within the planning_ area (corporate 16nits) totaling ■ approxunately 28 square miles. In addition, the storm drainage system consists of approximately 285 miles of pipeline along with an extensive system of open channels. The DMP was strtictured to first look at the existing watersheds and drainage basins determine the subbasins within the watershed, analyze any open channel components (receiving water) Ior insufficient capacity, determine and prioritizes p ie fity of he projects �'•�g'�, •�•�a� ••„, k-+w)needed to reduce flood risks, improve water quality, enhance fish passaLe and instream/riparian habitats, and efficiently serve planned P-rowth, deternine alternative solutions to d+e-alleviate { potential flooding, whileand detenninei cost --effective solutions to the identified needs. Each project detennined within the pF613esed DMP has been reviewed for multiple benefits-4ufiHg die then, , The p t rethen given either a "Ili(_,h, Medium, or Low" ranking. The DAIP has ., F). . ter- . „lity and habitat teetion within, the eity � , • . Further details on each project are located in Chapter 7, Table 7-1 of the DMP. Total project costs ran a from $52 Million to $67 Million 11 The City has operated a stormwater utility since 1981 as a means of financing the design, construction, operation, and maintenance of the City's surface water system. Fees are collected based on specific subbasin location, type of development, and percent impervious surface coverage. Revenue is used for operation and maintenance activities and capital improvement programs. Specific requirements (level-of-service standards) for on-site stormwater management and stream protection are contained in the City's 2002 Surface Water Design Manual, which is a modified version of the 1998 King County Surface Water Design Manual. Portions of the stormwater system are improved to these standards as public and private development projects are constructed. These standards will be adjusted as necessary to meet equivalency requirements of the Washington State Department of Ecology Stormwater Management Manual for Western Washington(20015) in the future. la 2008 the City The Drainage Master Plan DMP encompasses encompassesift all Capital Improvement Program (CIP) related projects for stormwater systems with the city limits. 1'h& 2008 DMP replaces the 1985 DMPr apit.l >.,,pi-O,,,,.. eHt Pr-o .mms (GIP) hm,e been developed for- fll�101- siibaFeas of the sur-faee water system. A GIP was developed f4- Mill, Gaffi ofi and the Capital imrovement Programs completed individually for the Mill, Garrison, Springbrook Creek and Sops Creek Basin CM The 2008 DMP has incorporated elements of the CIP such as .Greeks to address flood conveyance needs for open channels, determination of replacement needs of the City's -stormwater pipe system, drainage Jac_ility requirements of the Transportation Improvement Program (TIP), and levee repair and replacement needs for flood protection along, the Green River. The DMP further recommends specific protects for enhancing critical areas and fish passage and addresses en,tmeerint, staff needs to oversee; such projects. . .4 1. ft Prograin components of the DMP include compliance tewith the Washin�_Yton State Department of Ecolon(DOE:)-mandated Nation Pollutant Dischark)e Elimination System (NPDFS) Phase 11_ Permit and Total Maximum Daily load (TMDL) Programs. These unfunded federally mandated programs were included in the DMII to determine if there were deficiencies ins the City's current operation and maintenance and monitoring programs Viand identify subsea-uent additional work-load and stag requirements needed to fully meet the permit requirements. The DMP has included recommendations to tneet the required elements of the TMDL and NPDES Phase 11 Perniit ef7EtI ijx�dfor tracking monitorin", maintenance, and operation elements andincluding the necessary resources to meet these needs. ,Heeds ' . GIP ` been developed to provide regietial stefinwatef tr-eatment for the 1 , 12 Rivet- Water-shed as well as Some Real-sliew mea of-p The Salmon rveovel-, ,h."' „f'�i ]1 ,d of,te unate hing 41in 1. �4„-th„s ., Pc'r`s�xc�ri[i7-can , Another- regional e1444 kit !lie City PafllOif)ateS ifl iS the Gfftfl RiVer- POW ('70fitF01 Z-0-ne Distr-iet II;,,.. County and the eit;e; .,i—l2.—f— 7 nlcsYttct ctt7tt AuT.rm.�1 ci pai tiLipatE izTrc /, le,..,e system in the valley, addition,iii !he City is involved iii othef t gional programs to pr-avide an expanded The senwe aFea of the City of Kent Wa�eF Utility eiwompasses twenty seven (27) sqit ufflmeofvor-ated Kiflg C,'oullty se-p"e- the, Felfllliffider- of Kent and the MA. To the east, the , �}} the City „1"A..h... d T „keh. yen 1 It;l;f., Um-ief. Critical area habitat protection is an important aspect €efof water duality, habitat protection and flood protection. 1•0 he Successful in improving the water quality of the streams and open channel systems within the City, there is a continuing priority of acquisition of' buffers along,the main stream con•idors. Section 8 of the DMP further discusses the needs of this program and provides areas of potential expansion of habitat protection AS pronerhes become available, the Co's environmental engineering section wit] continue to seetwepursue tyrants funding when available and work to-towards the protection of Habitat and water quality. spi-in'g gs. Puffng high demand peneds, t sour-ees, is stAieiew to meet the City's long tefin peak day 13 ' , area.distribution system exists throughout mosi of the Gity's ser-viee throughplaee almost entirely TrT .. development, atts, '`1 most F-e J b tile Older- Of th- g` , system and ee"Istfu a flow five (5) million the viein4y The existing storm drainage pipelines, approximately 285 miles, inform a labyrinthian connection of pipes, catch basins, and manholes under the public ritfht of ways hmiwith the ability to alleviate the surface flooding that would occur on the city streets. As p o these pipes age and reach their service life, a replacement program has been established by the PW Operations and Maintenance staff•to repair or replace segments of the pipes each year. During the life of the pipe system, segments may be targeted also for improvements before the end of the service life, #&4s-usually due to inadequate capacity after years of development. An analysis was completed of the existing storm drainage pipes within the C itv. A total length of 135,000 feet of 18" or larger diameter pipe was analyzed for capacity and 55,350 feet or 41% has failcd to meet the minimum requirements for passing a 25-year storm event. These systems are noted within the DMP for updating. A complete list of pr(�jeets and progr-am needs and eurfent ftindi - an be found M the-2008 DMP on file with the City ol'Kefit Publie Works Depar-Iment, As a result of the 1998 listing of Chinook Salmon and Bull Trout listing t-hng-"was ftlie-edded under the Federal Endangered Species Act, the City has been participating in various regional salmon restoration efforts, including the U.S. Army Corps of hn Yid neerss Green/Duwamish Ecosystem Restoration Program and the steering committees for Watershed Resource Inventor Areas WR1A 8 and 9. W RIA 8 includes the watersheds of the Cedar and Sammamish Rivers as well as Lake Washington. WRiA 9 includes the Green/Duwainish River Watershed as well as some nearshore area of Puget Sound. The salmon recovery plans will require capital expenditures for various stream restoratioin projects. There is a possibility of federal and state matching funds for these projects. King County and its cities (including Kent) also participate the City paftieipa in is-the King County Flood Control Zone District. King nty-arid all ,hies within the e`.unty .,afti,ipat-L—. The District is funded by a property tax on parcels coi�inty-wide. 'The principal responsibility of the District is the maintenance and repair of all levee systems within King County. In addition the City is involved in other regional pro rains to provide an ex anded greenwav alon,) the Green River. This involvement may require future capital expenditures. The inventory of current stoi7nwater management facilities is on file with the City of Kell Public Works Department. Stormwater Management Facilities Financing Options The City has operated a stormw•ater utility since 1981 as a means of financing the design, construction, operation, and maintenance of the Ci!y's surface water system. Fees are collected based on specific subbasin location, type of development, and percent of 14 impervious surface coverage. Revenue is used for operation and maintenance activities and capital improvement programs. A number of funding, options are available to the City to meet the needs of a fully functional stormwater program. These options typically used are street funds, general funds, special assessments (Local Improvement Districts), special fees, general facility char<(ges„- fees in lieu of on-site detention, public -private partnerships, conventional debt, special grants and loans, and stormwater utility charges. A further discussion of these types of funding follows: A Street Fund-, ov-to sets aside a portion of the drainage infrastructure often constructed with streets, and the street department fwthef-tends to provide system maintenance in the right of way. However, stormwater management is not the primary function of a street department, and competing demands for these limited street funds may not be the most appropriate meansenvi o*Fae t to actively promote the City's ongoing objectives in stormwater management. Therefore, securing funding for the DMP through the street fund is not an option. The General Fund, as with the street fund is a non-dedicated funding source for stormwater programs, is subject to competing demands on an annual basis, and therefore; provesing to be an unreliable source for ongoing commitments. The City currently does not use the general fund as a revenue source for the stormwater program and 'th • - - , it is assumed this will not be a source of future drainage program funding The third type of funding is to-use-special assessments, also known as Local Improvement DrstTicts (L[D)-,. LIDs are most appropriate for specific capital improvements that benefit identifiable geographic service areas. By nature, these options are also e ff,.t,,,tr„ voluntary;; that is, the property owners choose through a vote whether or not to iftjAtTDmtaccept the assessment on themselves. 'Phis�e restriction causes program funding to be unreliable; furthemi ore, the assessed valuation basis of charging provides only a loose nexus between the amount charged and the benefit received. The City currently is assuming that no funding will be secured from the use of Special Assessments or Local Improvement Districts for the DMP implementation A fourth funding option would involve the City charging special fees for operating activities such as inspections. These fees;are best applied when they are set to recover the costs, or a portion of the costs, of the specific activity for which payment was received. Special fees are not generally intended to fund an ongoing stormwater program in its entirety; however, they would be well suited for the recovery of specific program--related costs. The DMP is currently not funded through Special Fees, and for-usin conservative funding approach, these Special Fees areis not included as a fiumding source at this time. General Facility Charges (GFC) arc one time fees paid at the time of development and are intended to recover an equitable share of the costs of existing and planned future facilities that provide capacitygrowth. They are an essential tool used to recover the cost of growth from growth. Estimated future revenues from the GFC are expected to average $860,000 per year. Current estimates are fir a potential of approximately 13,000 additional ESUs within the City, and GFCs for those could be a source of revenue in the next 10 years assuming that the development will occur in that timcperiod.A high estimate using the 15 City's current GFC per ISU would generate approximately $16 million over 10 years, assuming all development would occur within the next 10 years. Creating:a fee in Lheu of on--site detention is another method of funding required capital projects. The fees are most appropriately used to fund regional facilities through the payments of developingy properties.These fees are collected when a developing property decidestefwAiws not to construct facilities to mitigate runoff on site.As such, fees in lieu must be used in concert with requirements for on--site mitigation and a community's goals favoring regional facilities over on--site solutions. When a property does construct such facilities, the fee is not charged.While effective in fiuiding,a part of(regional) infrastructure constniction fees in lieu are not a reliable source for ongoing stormwater programs. Due to the high 1 cost of the purchase of buildings and real estate for additional new regional detention facilities, and the potential for widening of stream channels and expansion of existing regional detention facilities, additional regional detention facilities are not included in the DMP. Another funding option is a Public/Private Partnership for funding a portion of the DMP. This partnership is a different approach to funding stormwater capital construction and resultsing in joint or private tending of specific improvements. This approach helps mitigate the direct impacts of new development. While a popular idea, in practice;it is difficult to persuade private development to fund stonwater projects if other funding alternatives are available to the City. Estimates of future funding,developed from public/private partnerships are not incorporated into the dramage fund as there would be rio guarantee of a level of funding able to fund the projects and programs included within the DMP. A Conventional Debt such as revenue bonds and general oblisog� rtion bonds, is available to fund stormwater capital construction While these mechanisms are well suited for funding large capital construction projects, an ongoing revenue stream is required to support the annual debt service owed on the amount borrowed. The low estimate for eeincurrimg conventional debt is $10 million over the next 10 years for the DMP. The high estimate is a series of new revenue bonds issued every 2 to 3 years depending on the project aced over the next 10 years. The high estimate would be approximately $218 million generated in conventional debt to fund implementation of the DMP. Special Grants and Loans could be used as a supplement to conventional debt service. Special grants and loans may be an important option for the City. Many state and federal programs are available for applications, including the Centennial Clean Water Fund, the Public Works Trust Fund the State Revolving Fund, the Flood Control Assistance Account Program and the Federal 319 Non-point Source Program. Thcse programs draw more applications every year than there are available funds and they are highly competitive. Most of the assistance programs award aid in the fonn of low interest loans that still require an ongoing revenue stream to support payback or a percentage of matching contributions by the City. Although the DMP will continue to pursue special grants and loans funding sources it is risky to base future revenue funding on past success of securing, grants. A low estimate of grant availability is $50 000 per year, and a hid li estimate is `6500,000 per year. The stormwater utility service charge provides a sign;ficant portion of the stormwater management costs. The utility service charges are recovered through ongoing rates to utility customers. This option is and could continue to be a financially independent ctitity tree of reliance on the other City funds with all of its revenues dedicated to surface water management programs and capital construction Currently, the Croy receives approximately 16 $8.6 million in stormwater utility services charges per year, a low estimate assuming that the rate would not change. A high estimate, including fixture growth as stated within the GMA a*E�-would include an assumed increase within the utility rate to increase revenues collected to $12 million per year. The City's existing rate structure features m--area- or basin—specific rates. a density multiplier, and an impervious surface area basis. Details of the rate structure can be found in Section 10.5 of the DMP. Under the existing rate structure, all customers pay a uniform base rate, $2.57 per month.Additionally, a basin specific rate is charged ranging from $1.68 per month to $5.05 per month. There are 17 basins and these basins are grouped into eight different basin specific rate categories. Refer to Section 10.5 of the DMP and Kent Citv Code 7.05.090 for additional information.The key assmptions used within the rate study are as follows: a customer base annual growth rate of 0.58 percent, an annual inflation rate of 4 percent, personnel benefits costs escalation of 6 percent per year, construction cost escalation of'5 percent per year, and an annual fund earnings rate of 2.5 percent. The Capital Improvement Protects fior stormwater systems and the drainage component of the street projects are assumed to be implemented over a 10 year period (2009 to 2018). Finally, system eplacement funding will be equal to annual depreciation expense. Water Supply, Distribution, and Storage Facilities The service area of the City of Kent Water Utility encompasses twenty-sue-four 2-74A square miles and serves most of the incorporated City. Some small areas of unincorporated King County and the City of'Auburn are also Served by the City of' Kent Water Utility. Adiacent franchise areas of neighborinty water purveyors .<.ithi, tEn ,".ated ► *-tg Gotmty serve the remainder of Kent and the PAA. To the cast, the service area boundary Coincides with the boundary of Water Distnct No. 111 and the Soos Creek Sewer and Water District. To the north, the sen ice area boundary coincides with the mutual Kent/Renton and Kcnt/Tukwila city limits. To the west, it coincides with Highline Water District's boundary, and to the south, the City's service area boundary coincides with the City of Auburn, and Lakehaven Utility District. The principal sources of water supply for the City's proprietary water system are Kent Springs and Clark Springs. During, Thigh demand periods, the capacity of these two sources 15 exceeded, and supplemental well facilities are activated. These sources are adequate to meet current and near future peak day demands, however, they are insufficient to meet long terni peak day demands. In 2002, the City executed an agreement to participate as a partner along with Tacoma Water Utility, Covington Water District, and Lakehaven Utility District in the Green River Second Supply Water Project. Water from this new source of supply, coupled with the City's existing sources, is sufficient to meet the City's long-term peak day demand projections. System wide, annual water consumption is roughly 2.7 billion gallons, with average day demands of 7.5 million gallons per day and peak dare of approximately 13.75 million gallons per day., Utilizing current land use and population projections for 2030, annual use would rise to 3.6 billion gallons, or 9.9 million gallons per day. Existing water supply can �j produce roughly, three times this amount, or 30 million gallons per day; however, additional storage reservoirs will be needed to deliver this water to customers. �� 17 Water system interties are presently available with'the tli ghline Water District the Cif of Tukwila the Cit�i of Renton the Soos Creek Sewer and Water District, Water District No. 111, the City of Auburn and the City of 'Tacoma. However, based on water use projections developed for the Water System Plan, these interties would only be required to serve as emer;yency back-up if problems with existing sources were to arise. . -The water distribution system exists throughout must-o4the City's service area. Expansion will take place almost entirelythrough hough infill development, which will be accomplished primarily through developer extensions Most of the remaining projects identified in the City's most eeent-Comprehensive Water System Plan would be constructed to provide water service at existing levels of service. However, several kev improvements to the system have been identified. Proposed projects include construction of a new maintenance facility on Kent's East Hill, development of a new 640 pressure zone on the East Hill to improve water pressures at high elevations, a new reservoir on the NVest Hill to meet increasing storage demands, and o it, �;.,,",-;1„- ^+ water main replacements, including upsizing t4 21der portions of the distribution system to improve capacitv.a The Capital improvement Projccts (CIP) list developed for the Comprehensive Water System Plan was based on i(Jentifying: 1) systern deficiencies via a hydraulic modeling analysis. 2) long=temi maintenance and operations needs, and 3) projects that are required to meet local state and federal rc uircincnts. The existing water system has and continues to provide clean safe and reliable water-, however, improvements to the system are needed to improve it for future development and meet existing requirements. The costs of improvements to the water system range from 150-million to $160;A9E3 imlhon in 2008 dollars and Ffunding of these projects will be accomplished throut7h a combination of water rate increases and bonding- A Comprehensive Water System Plan update is required by the Washington State Department of Health(DOH) every six(6)years. The City's most recent Water System Plan was submitted to DOH in 2002completed in 2008.. Adjacent water utilities providing service to Kent homes and businesses include Soos Creek Water & Sewer, the City of Auburn, Lakehaven Utility District, Highline Water District, King County Water District #I I I and the City of Renton. Service connections exist between the City of Kent and these service purveyors, and interlocal agreements ensure continuous service. Water supply service area and facilities serving Kent's Planning Area are illustrated on Figure 8.5. A detailed inventory of current water system facilities, and City water rights records, and operating plans of adjacent service agencies are on file with the City of Kent Public Works Department. As noted previously, the purchase of additional water rights from the Tacoma P5 Pipeline project will provide a sufficient supply of water for future peak demand for the next twenty years. 18 TRANSPORTATION FACILITIES Within the City there are city, state, county, and private roads totaling 273.38 centerline miles. Of those that the City maintains, there are 48.02 lane miles of Principle Arterials; 116.51 lane miles of Minor Arterials; 129.84 lane miles of Collectors; and 241.91 lane miles of Residential roads. There are also nine (9) bridges in Kent. A complete assessment of transportation facilities is considered in the Comprehensive Plan Transportation Element, and the Comprehensive Transportation Plan anticipated in 2004. Figure 9.1 and 9.3 found in the Transportation Element illustrates Kent's transportation facilities. The geographic locations of major transportation facilities are found on Figure 9.1 of the Transportation Element. PUBLIC EDUCATION FACILITIES AND LEVEL-OF-SERVICE Most of Kent's residential areas are served by the Kent School District No. 415. The Renton School District serves students from an area of Kent near the north city limits, and Kent students residing along the western city limits attend Federal Way Schools or Highline Schools. Kent students residing along the southern city limits might attend Auburn Schools. Most school districts also have historically considered acceptance of transfer requests or waivers for students residing in households located outside of district boundaries. Detailed inventories of school district capital facilities and levels-of-service are contained in the Capital Facilities Plan (CFP) of each school district. The CFPs of the Kent, Auburn and Federal Way School Districts have been adopted as part of the City's Capital Facilities Element. Updates of the CFPs of these three (3) districts reflect changes in their CIPs, and school impact fees assessed on residential development within Kent are adopted annually. CFPs for other school districts serving Kent households are incorporated by reference, although no school impact fees are collected by these school districts for residential development within Kent. Estimated total student enrollment figures of Kent's Planning Area households for each school district are provided in the Table 8.7 below. Table 8.7 Estimated Student Enrollment Kent Auburn Federal Highline Renton School School Way School School District District School District District District Estimated Total Kent Planning Area Resident 16,909 108 1,912 314 56 Student Enrollment Locations of schools within the Kent School District and the boundaries of other school districts serving Kent's Planning Area are illustrated in Figure 8.6. PUBLIC LIBRARY FACILITIES AND LEVEL-OF-SERVICE The City of Kent is served by the King County Library System in the 22,500 square foot Kent Library building at 212 2nd Avenue West, which was built in 1992. Replacement of a portion of the roofing for the Kent Library is anticipated to occur during the next ten years. 19 The King County Library System is planning to develop 10,000 square feet of library space in the East Hill area, pending passage of a bond measure scheduled tentatively for March 2004. The Covington Library facility, which serves many Kent East Hill residents, would also become the largest library in South King County after a planned 15,000 square foot expansion. Detailed information regarding the King County Library System is available on the internet at www.kcls.org Location of the Kent Library building and King County libraries located in proximity to Kent's Planning Area are illustrated in Figure 8.6. CAPITAL FACILITIES PLAN COSTS & REVENUES The following section outlines ines the capital costs and financing for the public facilities which are provided by the City of Kent per the most recent Capital Improvement Program (CIP) (see Figure 8.7 and Table 8.8). This type of information for the Kent, Auburn and Federal Way School districts is available in the districts' capital facilities plans, which have been adopted by reference as part of the Capital Facilities Element. Figure 8.7 2004—2009 Capital Facilities Plan Project Cost Statistics (In 000's) Transportation 18% Utility Fund Projects 35% Public Safety 8% Parks, Recreation& General Government Community Ser\nces 21% 18% 20 Table 8.8 2004-2009 Capital Facilities Projects Projects 2004 2005 2006 2007 2008 2009 Total Transportation 11,220 2,804 1,521 2,599 2,768 1,853 22,765 Public Safety 80 240 9,745 200 200 200 10,665 Parks,Recreation 3,891 2,789 5,595 3,568 3,323 3,796 22,962 &Community Services General Government 1,010 985 8,047 954 11,093 4,637 26,726 Utility Fund Projects 1,737 10,063 4,229 6,122 21,593 2,647 46,392 Total Projects 17,938 16,881 29,137 13,443 38,977 13,133 129,510 Not included in this plan: Estimated$40,000,000 voted bond issue for Public Safety. FINANCING The revenue sources that are available to the City of Kent for capital facilities include taxes, fees and charges, and grants. Title 3 of the Kent City Code, Revenue & Finance, specifies the collection and allocation of revenue sources. Some sources of revenue for capital facilities can also be used for operating costs. A comprehensive list of revenue sources and a discussion of limitations on the use of each revenue source is contained in the Capital Improvement Program (CIP). Existing City revenues are not forecast, nor are they diverted to capital expenditures from maintenance and operations. The financing plan for these capital improvements includes the revenues listed in the pie chart below (see Figure 8.8 and Table 8.9). The chart lists the major categories of Capital Improvement Projects(CIP)revenue sources and the amount contributed by each source. ' 21 Figure 8.8 2004-2009 Capital Improvement Program Sources of Funds (In 000's) Table 8.9 Sources of CIP Funds Other PW Trust Sources Capital Fund Loan 2% Improvement Fund go/, 10% Street Fund 7% Utility Funds 18% Bond Proceeds 41% Internal Service Funds Grants 4% 6% Sources of Funds 2004 2005 2006 2007 2008 2009 Total Capital Improvement Fund 2,191 2,219 2,280 2,293 2,353 1,927 13,263 Street Fund 1,320 1,804 1,521 I,399 1,468 1,203 8,715 Utility Funds 1,737 8,563 2,979 6,122 2,593 1,397 23,392 Internal Service Funds 745 765 940 734 873 667 4,724 Grants 1,225 470 2,440 1,555 1,050 1,200 7,940 Bond Proceeds 18,737 29,000 5,000 52,737 ' PW Trust Fund Loan 9,000 1,500 500 11,000 Other Funding Sources 1,720 1,560 240 840 1,640 1,739 7,739 Total Sources of Funds 17,938 16,881 29,137 13,443 38,977 13,133 129,510 Not included in this plan: Estimated$40,000,000 voted bond issue for Public Safety Detailed project lists and financing plans are contained in the Capital Improvements Program (CIP). As noted earlier, annual updates to the CIP and City Budget Document are incorporated by reference into this Capital Facilities Element. PUBLIC SERVICES & CAPITAL FACILITIES GOALS AND 1 POLICIES 22 ' i GENERAL GOALS & POLICIES Goal CF-1 - As the City of Kent continues to grow and develop, ensure that an adequate supply and range of public services and capital facilities are available to provide satisfactory standards of public health, safety, and quality of life. Policy CF-1.1 - Assess impacts of residential, commercial and employment growth on public services and facilities in a manner consistent with adopted levels-of-service. Policy CF-1.2 - Ensure that public services and capital facilities needs are addressed in updates to Capital Facilities Plans and Capital Improvement Programs, and development regulations as appropriate. Policy CF-1.3- To ensure financial feasibility,provide needed public services and facilities that the City has the ability to fund, or that the City has the authority to require others to provide. Policy CF-1.4 - Periodically review the Land Use Element to ensure that public services and capital facilities needs,financing and levels-of-service of the Capital Facilities Element are consistent and adequate to serve growth where it is desired. Policy CF-1.5 - Coordinate the review of non-City managed capital facilities plans to ensure consistency with the City of Kent Comprehensive Plan. Policy Ch-1.6 - h_nsurc that the planning, desi rn, cons1ruction and operation ol'public lcilities L)roiecis 1011 not restill in con flicis or substantial inconsistencies kith other Comhrehensive Plan policies. 1 Goal CF-2-Base standards for levels-of-service upon the appropriate provision of public services 1 and facilities as outlined in the operating comprehensive plans of the City and other providers of services and facilities to Kent and its Potential Annexation Area. Policy CF-2.1 - Establish levels-of-service appropriate to the core mission of City departments in their provision ofservices and access offacilities to the public. Policy CF-2.2 - When appropriate and beneficial to the City, its citizens, businesses, and customers, pursue national organizational accreditation for all City of Kent agencies providing public services and facilities. Such accreditation should be linked with ' performance standards applied by City agencies. 23 Policy CF-2.3 — Coordinate with other jurisdictions and providers of services and facilities to ensure that the provision of services and facilities are generally consistent for all Kent residents, businesses, and others enjoying City services and facilities. Goal CF-3 —Encourage effective non-capital alternatives to maintain or improve adopted levels- of-service. Such alternatives could include programs for community education and awareness, energy conservation, or integration of methods and technologies to improve service delivery. Goal CF-4 — Ensure that appropriate funding sources are available to acquire or bond for the provision of needed public services and facilities. POLICE AND CORRECTIONAL SERVICES GOALS & POLICIES Goal CF-5—Ensure that residents, visitors and businesses in Kent continue to feel safe throughout our community. , Policy CF-5.1 —Establish, maintain, and monitor effective services and programs with the goal of increasing the sense of safety throughout our community. Such services and programs should be consistent with other Comprehensive Plan goals and policies. Goal CF-6 -- Establish, maintain and strengthen community relationships through direct contact opportunities, community awareness, education and volunteer programs. Policy CF-6.1 —Establish and maintain direct contact between representatives of the Police Department and concerned citizens, community groups, schools, business operators, local ' media, and human services providers. Policy CF-6.2 — Establish and maintain community education programs that promote the ' awareness of public safety, community-based crime prevention, domestic violence prevention, alcohol and substance abuse, and available human services for impacted populations. Policy F- — 'P y C 6.3 Establish and maintain volunteer programs that meet the Police Department objectives of increasing community awareness, involvement, public safety, and crime prevention. Goal CF-7—Maintain responsive, quality patrol service throughout Kent service area and other , areas requiring response capability assistance. Polio F-7.1 — r average level-of-service C Consider a e age response times as a level of service measure in assessing needs for patrol service improvements. ' 24 , Policy CF-7.2 — Maintain or improve annually-calculated average response times to emergency calls, where potential loss of life or confirmed hazards exist. Policy CF-7.3 — Maintain or improve annually-calculated average response times to non- emergency calls, where no immediate danger or potential loss of life is indicated. Policy CF-7.4 — Coordinate with the City Information Technology Department and the Valley Communications Center to improve response times. Policy CF-7.5 — Periodically evaluate the effectiveness of existing patrol practices, and research best practices as appropriate. Policy CF-7.6 — Provide staff training as needed to incorporate best practices that will ' improve responsiveness of patrol services. Policy CF-7.7 — To improve long-term patrol service effectiveness, work with various ' members of the community to improve staff awareness of localized issues and community resources. ' Goal CF-8-- Provide ation services.effective and ro essional investigation.� P .f g Policy CF-8.1 — Consider annually-calculated crime clearance rates as a level-of-service measure in assessing needs for patrol service improvements. Policy CF-8.2 — Maintain or improve annually-calculated Part I crime clearance rates, which is a measure of the rate of arrests or clearances for reported crimes. Policy CF-8.3 —Periodically evaluate the effectiveness of existing investigations practices, and research best practices as appropriate. 1 Policy CF-8.4 —Provide staff training as needed to incorporate best practices that will improve responsiveness of investigations services. PolicyCF-8.5 — To improve long-term investigations service effectiveness, work with P S g ..� various members of the community to improve staff' awareness of localized issues and community resources. Goal CF-9 -- Provide effective corrections services that protect the community and reduce repeat offenses among corrections clients. 25 Policy CF-9.1 — Coordinate with the Kent Municipal Court to ensure appropriate ' correctional processes and facilities are available for criminal offenders. Policy CF-9.2 — Maintain or improve facilities available for the incarceration of criminal offenders. If additional facilities capacity is necessary, coordinate with other agencies to ' locate and provide appropriate facilities for the purposes of incarceration. Policy CF-9.3 —Establish and maintain effective alternative s to incarceration for lesser , criminal offenses. ' Policy CF-9.4 — Periodically evaluate the effectiveness of existing corrections practices, and research best practices as appropriate. Policy CF-9.5 —Provide staff training as needed to incorporate best practices that will ' improve responsiveness of corrections services. Policy CF-9.6 — Acquire and maintain accreditation through the American Corrections , Association. FIRE & LIFE SAFETY SERVICES GOALS & POLICIES Goal CF-10 — Ensure that residents, visitors and businesses in Kent continue to feel safe and prepared for emergency response throughout our community. Policy CF-10.1 —Establish, maintain, and monitor effective services and programs with the ' goal of increasing the sense of life safety and emergency preparedness throughout our community. Such services and programs should be consistent with other Comprehensive Plan goals and policies. , Goal CF-11 -- Establish, maintain and strengthen community relationships through direct contact ' opportunities, community awareness, education and volunteer programs. Policy CF-11.1 —Establish and maintain direct contact between representatives of the Fire t Department and concerned citizens, community groups, schools, business operators, developers and building contractors, local media, and human services providers. , Policy CF-11.2 —Establish and maintain community education programs that promote the , awareness of life safety,fire prevention, hazardous materials, and available human services for impacted populations of emergency events. 26 , Goal CF-12—Promote an understanding that preventative measures and appropriate responses to emergency events are a critical factor in limiting the extent of impacts resulting from an initial event. 1 Goal CF-13 —Establish and maintain responsive, quality fire and life hazard prevention services throughout Kent service area and other areas. Policy CF-13.1 —Maintain or improve the level of confidence citizens have in their ability to respond to personal or household emergencies. Policy CF-13.2—Maintain or improve the level of confidence citizens have in their ability to respond to natural or man-made disasters that could impact their community. Policy CF-13.3 — Periodically evaluate the effectiveness of existing fire and life hazard prevention practices, and research best practices as appropriate. Policy CF-13.4 — Provide staff training as needed to incorporate best practices that will improve responsiveness offire and life hazard prevention services. Policy CF-13.5— To improve rove long-t rm fre and life hazard prevention service effectiveness, work with various members of the community to improve staff awareness of localized issues and community resources. Goal CF-14 — Provide effective, efficient and professional fire suppression and emergency medical response services throughout the City of Kent Fire Department service area. Polio CF-14.1 — Consider average response times as the rims level-of-service measure Y 8' P primary .f in assessing needs for fire suppression and emergency medical response service improvements. Policy CF-14.2 — Maintain or improve annually-calculated average response times to emergency calls, where fire or other community safety hazards are reported to exist. ' Polio CF-14.3 — Maintain or improve annually-calculated average response times to Y P y g P personal emergency medical calls, where no immediate danger exists to the community-at- large. ' Policy CF-14.4 —Periodically evaluate the effectiveness of existing fare suppression and emergency medical response service practices, and research best practices as appropriate. ' 27 Policy CF-14.5 — Provide staff training as needed to incorporate best practices that will improve responsiveness of fire suppression and emergency medical response services. ' Policy CF-14.6 — To improve long-term fire suppression and emergency medical response service effectiveness, work with various members of the community to improve staff awareness of localized issues and community resources. PARKS,RECREATION & COMMUNITY SERVICES GOALS & POLICIES The goals, policies and levels-of-service (LOS) appropriate to the services provided by the Parks, Recreation and Community Services Department are contained in the Park & Open Space; Housing; and Human Services Elements of this Comprehensive Plan. PUBLIC UTILITIES SERVICES GOALS AND POLICIES Goal CF-15 — Ensure that public utilities services throughout the City, its Potential Annexation , Area (PAA) and other areas receiving such services are adequate to accommodate anticipated growth without significantly degrading the levels-of-service for existing customers. Policy CF-15.1 — Establish, maintain, and monitor effective provision of public utilities , services and facilities. Policy CF-15.2 — Coordinate the planning and provision of public utilities services and ' facilities with other agencies providing such services to Kent and PAA homes and businesses. Policy CF-15.3 — Consider existing demand units in assessing levels-of-service for future , provision of services and facilities. Goa CF-16 - Foster r•eco�Lnition o fthe,Slam cunt role pla ved by natural kitures and systems in , �t1reopropriale siting-, desi>n and provision o ublic utility services_ Polio CF-16.1 —Educate C7h,staff.' developers, and other citizens on the interaction bets•eery natural eatures and s vstems such as ►cetlands streams and reolo TiraIli, hazardous areas and the provision o ' ublic utili "services. Goa CF-17, - Coordinate with individuals and otyanizations to create a lora Lterm sustainable strat'gv Lor local and regional natural resource prolection 28 , Policv CF-17.1 -- Continue to evahuule o erutirt r plans programs, r'egulutions, and public 1 Iacilifv dent gns to delennine their e ecttveness to contributingr to the conservation (lilt/ tecovetT o 's ecies listed under the Endan rered S)ecics Act. Policv CF-17.2--- Continue to partici pule in re rionul and tauter Resource lnventon, Ares planning,,e oils to str)pOr't the conservation of listed s ec'res. Policv CF 17.3- Continue to purticipule in locul and couniv hide Mood control cjforls to supporl the repair and maintenance of flood control facilities Goa CF-18 - Sup)or't en vironnentul qualiti, in ca)ital improvement programs. un lenientation )ro r•urns, and ubliC ac ilit y desi(),ns to ensure that local lurid arse tnurra rement and public service )rov sion is consistent with the C-`itvs overull nuturul resource gouls. ' Policy CF-18.1- Protect and enhance environmental c uality via muintenance o fuccurcrte and u)-lo-date environmental dula associuted with public,services and acilitie,s. Policv CF-18.2 - Provide public service a rencies with ,enered and silo-s eci iC envirorrrnental m ormation to identi& possible on and o =site constraints and s ecial develo)merit procedures as curly in the lacilitv planning- process as is possible Policv CF-18.3 - lndemni , the Cilv iorn damages rcwdlinr g i•orn development in nuturulli, constrained areas. 7b the extent possible or 1Fusible, require accurate and valid environmental in imnalion. Policv CF-18.4 - Continue a periodic storm drum(i<,e/em,ironrnenlal inspection prvgrurn to ensitre constunt mumtenunce and upkeel) of storm sysiems and on-going compliunce with general environmental processes'. IPolia CF-18.5 - Ensure that decisions retJarditw tundurnentul site design are made prior to the initiation of land surface modifications. Grade and permits, which do not urclude 1 site devel went plants, may be issued hi the Cit, inhere such activities do nol disturb sensitive areas, such as wetlandy Policv CF-18.6 - Require site restorution if land surface modification violuies adopted policy or i development does not ensue within i reasonable period o/'lime. 29 Policy CF-18 7-,,Is udditional land is annexed to the Cily, assitrn zoning desi�ynulions, plan •tor appropriate public facilities locations and eclpucities in a manner that will protect natural resources and environmentully sensitive areas. Policy CF-18.8 - Continue to support waste reduction and recyclinL,paoQrams ill City facilities, and in the City at lunge, to meet Stale and County wasle reduction and reevc-lin, aoaL , Policy C.1=18.9— 1f'ork cooperatively, with lribulx federal ,tote and local illrisdictions, us well us mcl or stakeholders, to conserve and work to►vards recovery of FSA listed threatened and endangered species. Goa C1"-19 Protect and enhance natural res0urces for multiple benB ZLS lnG'lndlJ?r J"G'G'1"CUIIOrJ ish fnd wildlife resources and habitat Mood protectioti water sic))l , and open s ace. Policy CF-19.1- Maintain the uuuntity and quality of wetlands via current land use , i=dation and review and increase the duality and quantity of the Citv's wetlands resource base via incentives and advance planning. Policy CF-19.2 - Protect wetlands not as isolated units but as ecosystems clad essential elements of watersheds. Base protection measures on wedand filnctions and vahtes impacl on tivuter si+poly c 1+cllity and c u] UI?tlty, and the ejects of on-rile and off-site uctivilies Policy CF-19.2 - When jurisdictional boundaries are involved coordinate wetland protection and enhancement plans and actions with ad Lacent jurisdictions and the Muckleshoot Indian Tribe. Policy CF-19.3 - Maintain rivers and streams in their natural state Rehabilitate dc;rraded channels and banks via public programs and in conjunction with proposed new ' development. Policy CF-19.4 - On ct awitlar basis, evclluule the adequacy of the exislitzg public facilities operatiLig plans, taulations and malnlenuncepr•uctices in relation to foals for water Wsollrce and fisheries and wildlife resource protection. When necessaM modi&lhese plans re^,nclations and practices to achieve resource protection goals. , Policy CF-19.5-Prolecl the qualily,and cluunlily ofaroundwuler used for water sl+RE i 30 Policy CF-19.6 - Update the Citl' of Kent Critical Areas Alops as new infc,rn7ation obolli yqui fer r echaia,areas and wellhead protection areas becomes available. Policy CF-19.7 -- In accordance iyith GAM regulations, 2lpdate public laclllltes opercltlne Plans and r"eg1l1C1tlU{7.S 10 idenllfy; protect, Cl{ZCl preserve 11'lldllfe .S'ppeC'leS and C11"eat' of IUC'al significance. Policy C'I-19.8 --Protect the habitat of native and migralor'1' wildlife by encourugrng- open spuce conservation o 'beneficiul habitat through public capilal improvement prolecls. Goa CF-20 - Ensure thus public lacililies development on lands ad'ucent to the shorelines ol the Gree t7 River are compatible wilh shoreline uses and resource values and supporl the goalv and olic ies o 'the City o 'Kenl's Shoreline ,'fluster Pro -ram Policy CF-20.1- Minimize the loss of ve�etation with development and operation of new Public facilities. Continue to recognize the value of irces and other vegetalion ill prntec'tin« haler clzlality. Policy CF-20.2 - Promote and support a sisten7atic upproach to enhancing the Citl'-oliwed facililies throrlgh cclre id/y LVanned pluntrnzs and ontLoing maintenance of street trees, public lundscaping, and(r'eenbells. Require the use of native and loiy Wuler use vc geiatior7. Policy CF-20.3 - Require protection of ecolo.(xically vuhiable vcZetation, when (possible, durh!g all phases of prlblic fcicililies developmer71. In cases where devehunnew necess7tules the reatoval of vex Cation, require an appropriate amount of native or loin water use landscupi{7g to replace trees, shrubs, and ground cover, which were removed during development. Policy CF-20.4- Record and pt'otec't eslabhshed greenbelts associated frith public 1ircililies to presence exislhzg natural ve citation irl ��eolo rr� c'allr hu-urzlous areas, ulon stream banks, wetlands, and other habitat areas, and where visuul buffers between uses or activities are desirable. 1 GI)ll C1-21 - ReuLIlu1E'development O 2rbll[;1ucilities in [']ZVIY'[)12n1erltall 'critic-al areas to preven l7clr'Jr I prolect public health and sa ell: to pre.Serve remaining, critical areas and enhance 1 de-r ided critical areas in the C'it Policy CF-21.1 - Encour'agre appropriate enhancement of existing environmental fecitures su,li as rivers, streams, creeks, and lveilands. 31 Goa C'F-22- Implement and muintain a stormwuter rnunu gernent Lv o Tram that ussures con liance with the requirements o f the ffi% stern Washington Phase 11 Municipal Storrnivater Permit which is cart o 'the National Pollutant Dischar Te Elimination Program administered by 1he Was inaton Stute De urtrnent o 'l:'colo<Tt-. Policy CF-22.1 - Reduce the discharge ol'pollutunts to the maximum extent practicable. Policy CF-22.2 - Uve till known, available, and reasonable n2elhody o fprevention, control t and treatment to prevent and control pollution ofivulers of the state of fVashington. Policy CF-22.3 - Impleinew an education pr>gram urmcd ui residenis, b sn e�industries, elected officials, police makers, planning staff and other- employees o 'the Citt,,. The goal ol'the education program is to reduce or elinzinute behaviors and practices that cause or contribute to adverse s•tormwater impacts. Policy CF-22.4 - Provide oMoing, opporlunities fir public; involvement through advisor, councils. watershed committees, purticipution in developing; rate-structures, stewardvhl L) programs, environrnenlal activities or other similar activities Policy CF-22.5 - Implemety on ongoing grogram to detect and remove illicit connections, discharges, and iml2roper dis ossul including any spills not under the purview o 'another 17.'S pOrlclrrr g authority' into the munrct al se ar ale storm sewers owned or operated by the City Polio CF-2Z6 - Develop, implement, and en.Lorce a program to reduce pollutants in stormwuler runo fi'om nevi.,development, r'edeyelopmew and construction site activities. Policy CF-22.7- Develop and itniVement an ol2erations and maintenance pro cram that includes a training;component and has the ultimate goal of preventing or reducing pollzrtant runoff from municipal operations. Policy CF-22.8 - Develop a comprehensive lorr g-term storrnwater monitoring program. Ae ' monilovin(g pro Tram will include two corn ronents: storrnwater monitorina and tar cued Slorrmvater•Munagernenl Program effectiveness monitoring. Policy CF-22.9 - Produce an unnual report which includes the citvs detailed Storrnwuler Manugement Plan, hrackin�,,),, elements, and documentution of compliance with the Phase 11 ernuit. , 32 Goal CF-23 -- E-twouru ge environmental sensitivit ,and low-im ruct development principles in the des <.n and construction o full projects. Policy CF-23.I - Encourage purticipation in low-impact development and envirwntrrentall, Sensitive builder programs. Po1icv C'F=23.2 Adopt development standurdv that minimize environmenlal itnpucts of development thrortgh an appropriate balance of rMulations and incentives. Incentives could be lied to contplfance with criteria applied throughow the development process Policy CF-23.3 - Scat public laciliti• proiects of the City as an example by incotporating techniques of low-impact development design, construction, operation and maintenance. Goal CF-24 - Promote Low-Impact Development and lindled disturbance ol nutitru/ tiv •olo gical systems so that ivuler C uantlti,and gituliti,are protected throughout the developinew Jr'o vess and occtt atlon O the site. Policy CF-241 -I;slablish site design cr•rter'iu fur allowing natural hydrolo rical systems to finrction with minimum or no modi ic•alion. Polic•l' C'F-24.2--Promote the rise of rain,s,),ardeiis, opc�rt ditches or stitiales, and pervious driveivoys and parking areas in site design to maximize inliltralion o/ stornntiuler and minimr_e r unoll'inio environrnentully critical ureas. Police CF-24.3 -- Promote incursion clpassive raitnVuter collection Systems rr7 site and urc•hileclural design for non-potable it,uter (givi.-ir-aier) storage and use, lherebi• saving pot able,LdrinkinQ, water for ingestion. Goal CF-25 - Provide water to the Cit •s existinz customers and fbr fialire develo tm;nt con uslenl with the short and lon-ran re rouls n the C'itl. Policy CF-25.1 -Maintain a constant supple,of initnieipal water for existing and future ' customers and luture development consistent wilh the short and long range planrun ' &0 Is of the Citv. Policy CF-25.2 klerztifi•capital improvement projects needed to meet the potable water Supple'and fire prolecllon neeth of current customers and the )recust lbr filtul detnund within the areas served by the C,'i1y of Kent if`uter S►stem. Policy CF-25.3-Identi�i•and miplement firndiniz mechanisms necessary to construct capital improvement projects to meet existing,and Jioure syslem requirements and 33 projected growth. Policy CF-25.4-Implement a rnuinlenance program to ensure the sistemr is operated us t efficiently as possible. Utilize the Citys Inh-ustruc'ture Management System to 1) track system component inventory, 2) record maintenance history and 3)produce preventative maintenance work schedules for the ivuler system irrfi aslructrrre. Policy CF-25.5 - Ensure system cahac7ty (i.e. sourecv, pump stations transmission mains, etc.) is sufficient to meet currant and projected peak clay demand and fire floll conditions. Policy CF-25.6-- Seek to mect firntre supply needs with existing and new sources of supply'under the Cily's ovynershi p or parinering_ Policy CF-25.7 -- Maintain un eEicient wuler supply system lhrou�::",h the identification and repair ofdistribulion leakage and other water stislemz losses, and reducing other si,stern water uses as they are proven cast effective Goal CF-26 - Protect public health and su et, by rovidin r crn adequate su r rl ' o 'hi rh quality water to the City>s customers. The City wd/ pursue steps to ensure that it ivi/l continue to meet or excee i all water quality'laws and standarciv. , Policy CF-26.1- Maintain a strin�Zenl water gua/i/i,monilorim,-and cross-connection control programs consistent with current 1ederul and state drinking water re�,)ulations. Policy CF-26.2 - Maintain adecruule vvaler supply' and infrustructur-e to meet water system needs and fire flow demands throughout the areas served by the Cal Policy CF-26.3- Utilize reasonable measures to pr-otec:t the water system and the vvaier guali 'and quantity provided to customers. Give priority to those securil� improvements identified us heirr(, the most critical or those providing the most cost effective benefit to the water system. Policy C1-26.4-Develop and muintain an emer Banc ,res onsc plan to eliminate or reduce the signr'ficant impacts to customers and the water system in the event of'an emergency. Policy CF-26.5-Ensure stu/lure continuousb, available to resond to tivater system issues and etnerwncies. Goal F-27- The City o 'Kent rec o-onizes u clean water su >>l 'as a critical ul and finite resource 34 and will secure the heulth and safety o he customers throwprotection of exisihZg and fitture groundwater resources from contamination. Policy CF-27.1 - Participute in regional efforts to protect,roundwater resources mc•luding but not limited to the South Kin_a County Groundwater Committee. Policy CF-27.2-Establish ci round►vater rnnnrtorin-f'r network for early detection of potential contamination in uquikrs. Policy CF-27.3 - N,oti&- till applicable re�udatory and emeiyency rasponse ug-encies of the Cih,s Wellhead Protection A r eas. Policy CF-27.4--- Truk and provide comments on laird use upplications ivithin wellheud protection ureas. follow up on ull of those identified as creulingpolential risk to the water supph•until protections ure in place or urn'determined to not affect the wuler s vstc'nr. Policy CF-27.5-Identili,and lrac•kpar eels of lurid identified mpotential contaminant sources in the Wellhead Protection Protyrurn. Provide comments to applicable rz'�Idatory agencies related to the protection and.sustainubilih^of the Cites iyouncAvuler resources. Policl, CF-27.6- Educate residents, businesses and the owners ofidenh ied potential conturrtinunt sources in wellhead protection areas about uyuifer protection. Policy CF-27.7--F.ncoura-re the use of Best 11(uragetnent Pructicces in land management uctivities to reduce the use ofIysticides and erfili_ers Policy CF-27.8-Promote the use ofnative lundsca ring to reduce the need for-pesticide and knilizer aU?jJlrcalron Goal Cr-28 - Maintain the economic v taliti, o the City bi, ensZU7n« adequate !Pater s'rt) l ' is 1 available to meet existing and Oure customer needy, and luturedevelopment as ro ected to me'I the short and lorr r rail Jc coals o fthe Ciit Goal CF-29 - Meet Water Use E 'icienc r Goals and implement additional water Conservation mews res to ensure the e icrent use of iruler resources. Policy CF-29.1 - Implement, evalzurle and monitor-Ineusures to meet the Cite's adopted Wuter Use Etftciencl' Goals. 35 Policy CF-29.2 — Develop and implement on-going educational activities re&ardinh water conservation as identified in the Waler System flan This includes but is not limited to the annual Water Feslival, speaking at public lbrums and classrooms, booths at Iairs and theme shows, utility billing inserts natural vard card rograins and uldizin the Cin 's website. Polio CF-29.3 —Provide rebates or low water use toilets and washing machines as they' ably to the Wuter Use Lk—icienev Gnats. Polic • CF-29.4— Promole the use o fnative and clrou ght resistatit plants in landsca in r in public and private projects to reduce the need fin- irrigation. Policy CF-29.5 — Include consumptive water use data on customer bills to encourage water conservation. Pol Icy C1--29.6 —Develop I and implement a water rate structure that promotes the P . efficient use of water. TRANSPORTATION SERVICES & FACILITIES GOALS & POLICIES The goals, policies and levels-of-service (LOS) related to the provision of transportation services and facilities are contained in the Transportation Element of this Comprehensive Plan and the future Comprehensive Transportation Plan to be completed in 2004. Essential Public Facilities Goals & Policies The City of Kent has established siting criteria for essential public facilities, which are defined by the State in RCW 36.70A.200(1) to "include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities,mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020." The following goals and policies reaffirm Kent's commitment to a fair process for locating such facilities. Goal CF-3046 - The City shall participate in a cooperative inter jurisdictional process to determine siting of essential public facilities of a county-wide, regional, or state-wide nature. Policy CF-3046.1 -Proposals for siting essential public facilities within the City of t Kent or within the City's growth boundary shall be reviewed for consistency with the City's Comprehensive Plan during the initial stages of the proposal process. Policy CF-304.6.2 - When warranted by the special character of the essential facility, the City shall apply the regulations and criteria of Kent Zoning Code Section 15.04.150, Special use combining district, to applications for siting such facilities to insure adequate review, including public participation. Conditions of approval, 36 including design conditions, conditions, shall be imposed upon such uses in the interest of the welfare of the City and the protection of the environment. Policy CF-304-6.3 - In the principally permitted or conditional use sections of the zoning code, the City shall establish, as appropriate, locations and development standards for essential public facilities which do not warrant consideration through the special use combining district regulations. Such facilities shall include but not be limited to small inpatient facilities and group homes. Goal CF-31 4-7 - The City shall participate in a cooperative inter jurisdictional process to resolve issues of mitigation for any disproportionate financial burden which may fall on the 1 jurisdiction which becomes the site of a facility of a state-wide, regional or county-wide nature. 37 LAND USE & PLANNING BOARD MINUTES JULY 28, 2008 BOARD MEMBERS PRESENT/ABSENT: Chair Jon Johnson, Vice-Chair Dana Ralph, Steve Dowell, Alan Gray, Aleanna Kondelis - absent/excused, Jack Ottini, Barbara Phillips STAFF MEMBERS PRESENT: Charlene Anderson, Mike Mactutis, Chad Bieren, Beth Tan, Kim Adams Pratt Approval of Minutes Ottini MOVED and Gray SECONDED a Motion to APPROVE the Minutes of May 12, 2008. Motion PASSED 6-0. Added Items, Communications, Notice of Upcomina Meetings None #CPA-2008-3 Water System Plan/Drainage Master Plan/Wellhead Protection Program Phase I & II/Capital Facilities Element of Kent Comprehensive Plan Water System Plan Engineering Supervisor Chad Bieren stated that the Department of Health requires the City to update the Water System Plan every six years. Bieren stated that staff looked at Kent's water system to ensure that Kent could meet land use requirements for the foreseeable future, that the City's projected growth is consistent with the Kent Comprehensive Plan, and to make sure that the water system could sustain the city's growth pattern. Bieren stated that the water system boundary is not necessarily the same as the corporate limits of Kent citing that Water District 111, Highline Water District, and Soos Creek Water and Sewer District also serve different areas of the City. Bieren stated that Kent has enough water supply to meet future needs. Staff evaluated the ability of Kent's existing system to handle fire-flow requirements and other issues regarding the treatment and/or delivery of water to homes throughout the City. Staff developed a long range plan for improving and developing the system. Bieren stated that West Hill's storage capacity is insufficient, and East Hill will have insufficient capacity once it is built-out. He stated that there are water mains throughout the city that require replacement within the distribution system, due to age and/or new fire-flow requirements. Bieren stated that Kent will construct a new West Hill reservoir near the Armory south of Military Road, replace the leaking Guiberson Reservoir on Scenic Hill and build a new 640 zone reservoir near Clark Lake to alleviate storage and fire flow Land Use and Planning Board 1 of 6 Minutes July 28, 2008 pressure issues on East Hill. The new East Hill reservoir would raise the water surface elevation from 590 feet to 640 feet above sea level. Bieren cited additional key improvements such as building a Kent East Hill Operations Center, and a Tacoma Pipeline Treatment Facility that would allow Kent to access 12.5 million gallons of water a day. He stated that these improvements would cost from $150 to $160 million dollars and are necessary improvements. Bieren submitted Table 11.3 documented as an Exhibit for the record. In response to Board member Gray, Bieren stated that a water rate increase is necessary to fund improvements, to handle increasing maintenance operations costs, and to fund capital improvements related to the Tacoma Pipeline and the new reservoirs. He stated that the improvements are necessary due to Department of Health and Department of Ecology requirements. Bieren stated that the City needs both a rate increase and bonds to get those projects built earlier, with the rate increase covering repayment of some of those bonds. He stated that it is necessary for the City to retain a 60 to 90 day cash reserve to sustain a healthy water system and to keep bond ratings low. Bieren stated that at this time, the City has only a 20 day reserve which needs to be built up to maintain bond ratings at an optimum level. Drainage Master Plan Environmental Engineer Beth Tan stated that the Drainage Master Plan (DMP) was last updated in 1985. Since that time, Kent has annexed areas and implemented Capital Improvement Plans. Staff has taken a comprehensive look at the infrastructure system within Kent for drainage. Tan stated that much of Kent's drainage system pipe infrastructure was built before 1980. She stated that staff has taken a comprehensive look at Kent's streams, the flooding risks, and how Kent can reduce potential damages due to flooding through our creek systems. Tan stated that staff looked at the city's localized drainage system, citing that staff is considering how to improve water storage capacity along Mill Creek. Tan stated that an element of the DMP is water quality, which is dependent on an unfunded mandated program called the National Pollutant Discharge Elimination System Phase Two Permit, implemented by the Department of Ecology. Tan stated that another element staff looked at was habitat, fish passage, wetland preservation and restoration. She stated that staff looked at the drainage component of Kent's Transportation Improvement Program (TIP). She stated that for the past few years, the drainage utility has paid for part of the transportation program related to storm water and water quality facilities, and curb, gutter, sidewalk infrastructure that are part of major road expansions. Land Use and Planning Board 2 of 6 Minutes July 28, 2008 Tan stated that staff looked at the Green River Levee repair and replacement work that is needed and which will be shown on preliminary updated Federal Emergency Management Agency (FEMA) maps. Tan stated that some of Kent's major projects include Upper Mill Creek Dam off of 104th, restoration work along Mill Creek on Smith to James, and from James to Chandler Bay needed to decrease flooding along James St. and the surrounding local areas. She cited Green River Natural Resource area improvements, replacement of culverts and restoration work on 76t" Avenue and Mill Creek, 228tn area conveyance work, monitoring the total maximum daily load requirements on Lake Fenwick to reduce the total phosphorus leaving the lake, and the East Hill 144th Avenue SE culvert replacement. Tan stated that staff has added Goals 22 and 23 to the DMP; pertaining to the National Pollutant Discharge Elimination System Program that Kent is required to follow, and to implement low-impact development for the design and construction of projects within Kent. Tan stated that she has added a supplement to the DMP to include the Green River Duwamish Ecosystem Restoration Program; an ongoing cost sharing partnership between Kent and the Army Corp of Engineers. She stated that staff added two additional East Hill projects; SE 236th Street culvert replacement, and stream restoration work on Meridian Valley Creek at 240th and 132nd. Bieren stated that a few changes to the Capital Facilities Element within the Water Plan section are similar to ones in the previous version of Kent's Comprehensive Plan, with language added to update them; citing changes to CF-27, 28 and 29. Bieren stated that staff intends to take these plans to the Public Works Committee August 4t", to the Planning & Economic Development Committee August 11t`' and to the City Council for implementation and adoption on August 19tn Bieren stated that any question concerning rates will be addressed separately following adoption of the plans. Chair Johnson opened the public hearing. Ms. Charlie King, 26201 Military Rd. S, voiced her concerns with drainage issues. She stated that she experienced water damage twice in the fall of 2007 from flooding runoff which caused erosion to her property. She stated that she built a retaining wall to repair the damage. Ms. King stated that her neighbor Lois Steinborg's culvert was built in 1970 and has eroded away. A small creek has formed that flows into the eroded culvert which can no longer handled runoff from even a small rain. Ms. King stated that her neighbors would like to know how the City can help them maintain proper flow from the runoff. Land Use and Planning Board 3 of 6 Minutes July 28, 2008 King stated that the culvert running under Military Road flows into a lidded holding tank located at the top of her driveway then goes underneath her driveway into the creek. She stated that she feels the holding tank had not been properly maintained since the previous rainfall, that the holding tank blew its top, causing a geyser at the top of her driveway and within minutes 240 gallons of muddy water flowed through her window well onto her new parquet floors. Ms. King stated that 911 was unable to assist her. She stated that she called people to pump out the water who did so by candlelight due to power outages. Ms. King stated that she spoke with Kent staff who came to her home, sandbagged her house, cleaned the driveway of mud and debris, and filled in the erosion that was washed out under her driveway. She stated that the damage to her property was over $10,000. King expressed appreciation on behalf of herself and her neighbors for the opportunity to voice their concerns. Tan stated that the DMP addresses future road-widening projects along Military Road, stating that the storm water system would be updated and massaged at that time. Chair Johnson asked staff to consider how they could resolve this problem. Tan stated that it might just be an issue of having the City's storm water crew adding that area to a more frequent scheduling of maintenance and making sure that the catch basin is cleaned out. Charles Findley, 26425 Military Rd. S, stated that he owns the property at 26505 Military Rd. S. He stated that a pipe runs under Military Road from the east to the west side of the road. He stated that there is a pretty good running stream during a heavy rain, otherwise the rain seeps into the ground by the fire station at 26512 Military Rd. S. Findley stated that he would like to see a pipe installed in the V-shaped ditch fronting his property at 26505 Military Rd, running that pipe to the edge of the property and possibly to I-5. He stated that he would like the ditch filled in to even out his property, so he can safely mow his lawn. Tan stated that as part of the Drainage Master Plan, staff looked at the needs within Kent to increase maintenance on these drainage systems, open ditches, and storm water ponds. She stated that Kent's facilities do not meet the National Pollution Discharge Elimination System Permit requirements. Tan stated that Public Works would like additional staff to handle those maintenance needs and the need for additional staffing is addressed in the Plan. Roseanne Torgerson, 26015 Military Rd. S, submitted a layout of pictures documented as an Exhibit for the record. She stated that she frequently cleans up litter and a drainage ditch that fronts Military Road. Torgerson stated that despite clearing the ditch and opening the ends of the culverts, the road edge around the bus stop in front of her property is muddy and flooded whenever it rains. Land Use and Planning Board 4 of 6 Minutes July 28, 2008 Torgerson stated that when it rains, a creek runs down her main driveway and ponds in front of her house. She stated that when road crews trim the grass along Military Road, they leave debris behind which creates a berm along the road's edge and causes her driveway to become the lowest point along Military Road. Torgerson stated that a developer has been filling and grading his property to the rear of their property for years. She stated that he has graded his property toward the wetland, which drains into the wetland, and has created a pond at the rear of her property. Torgerson stated that road clearing equipment are damaging fire hydrant protectors, then not clearing those areas and continuing on. She stated that hydrants need to be accessible and cleared of debris. Torgerson stated that there is a lot of development going on north of her on both sides of Military along South 2591' and Reith Road. She stated that trucks haul in fill and rocks; have lost those rocks, launching many of them onto her property as they went by. Dowell recommended that Torgerson contact the City's Engineering Department to see if the developer behind her property has been issued a permit for fill or grading. Pam Cobley, Roth Hill Engineering, stated her firm represents Water District No. 111. She stated that she was notified on Tuesday of last week, that the Planning Board would be holding a public hearing on the 2008 Draft Water System Plan. She stated that prior to this they were not notified that a draft plan was available as a public review document. She stated that given that the District is within the City's water service area, the District wishes to review the City's Draft Water System Plan. Ms. Cobley stated that they have not had enough time to provide a thorough review and are letting the Board know that they will be reviewing the plan and providing comments as soon as possible. Ms. Cobley submitted a letter into the record documented as an exhibit. Dowell MOVED and Gray SECONDED a Motion to accept the letter into the record. Motion Carried 6-0. Giles Hulsmann, 923 Shaw Rd, Puyallup stated that he represents King County Drainage District #1. He voiced his appreciation that staff has kept them informed of this process since they are part of the storm drainage system within the valley. He stated that they look forward to the continuing review of this master plan and would like to be a party of record. Heidi Campbell, 725 2"d Avenue S stated that she lives a couple blocks south of Willis. She stated that it was discovered that the water main in front of her landlord's property had been leaking and seeping up through the surface of the roadway. She stated that the City Water Department patched the area and staff stated that this was the third time they had come out to fix this eroding water main Land Use and Planning Board 5 of 6 Minutes July 28, 2008 and that it needs to be replaced. Campbell emphasized that it is critical that this water main be repaired prior to the rainy season and would like clarification that this will happen. Bieren stated that he would follow up to determine if this main is scheduled for replacement this year. Ottini MOVED and Dowell SECONDED a Motion to accept the documents described as Table 11.3 submitted by Bieren and pictures submitted by Ms. Torgerson into the record. Motion CARRIED 6-0. Seeing no further speakers, Gray MOVED and Ottini SECONDED a Motion to close the Public Hearing. Motion CARRIED 6-0. Ottini commended staff on the excellent job they did in presenting the information that was discussed by the Board at previous workshops, in terms that laymen could understand. He stated that these are ongoing projects that need to be completed for Kent as a growing city, and that staff crafted a carefully thought out plan. Ottini MOVED to accept CPA-2008-3; 2008 Water System Plan, Drainage Master Plan, Wellhead Protection Program Phase I & II and Capital Facilities Element of Kent's Comprehensive Plan including amendments presented by staff. Ralph SECONDED the Motion. Motion CARRIED 6-0. Adjournment Chair Johnson adjourned the meeting at 8:00 p.m. Charlene Anderson, AICP, Planning Manager Secretary of the Board S:\Perm it\Pla n\LU PB\2008\MINUTES\072808_LUPB_M in.doc Land Use and Planning Board 6 of 6 Minutes July 28, 2008 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES AUGUST 11, 2008 Committee Members Chair Elizabeth Albertson, Ron Harmon, Tim Clark. Albertson called the meeting to order. Auaroval of Minutes Clark MOVED and Harmon SECONDED to approve the minutes of June 9, 2008. Motion PASSED 3-0. Countywide Planning Policy Amendment, Annexation Area Planning Manager Charlene Anderson explained that these are proposed amendments to the Countywide Planning Policies (CPP) approved through King County Council and the Growth Management Planning Council (GMPC). Anderson stated that these motions relate to adjusting the interim Potential Annexation Area Map, and amend policies related to annexing areas that are claimed on a Potential Annexation Area map by more than one city. Anderson stated that the policy amendments relate specifically to the North Highline area. She stated that neither the map nor the policies affect Kent. Harmon MOVED to recommend to the Full Council ratification of the amendments to the Countywide Planning Policies approved under the GMPC Motions Numbers: 07-1, 07-2, 07-4, 08-1, 08-2, 08-3, and 08-4, amending the interim potential annexation area map and the Countywide Planning Policies Land Use #31 and Land Use #32. Clark SECONDED the Motion. Motion PASSED 3-0. #CPA-2008-3 2008 Water System Plan, Drainage Master Plan, Wellhead Protection Program Phase I & II, and Amendment of Kent Comprehensive Plan Capital Facilities Element Water System Plan Bieren stated that staff is updating the Water System Plan (WSP) as required by the Department of Health every six years. He stated that staff's analysis must be consistent with Kent's Comprehensive Plan and land use plans. He stated that Kent's water system boundary flows in and outside of the city's boundaries at several points; to Water District 111, Soos Creek Water and Sewer District, and Highline Water District service areas along the city's fringes. However, the majority of the city is served by Kent water. Bieren stated that in updating the WSP, staff evaluated Kent's existing system and its ability to serve Kent's immediate and future needs. In response to comments from Clark, Bieren stated that the Department of Health monitors water availability and testing for pollutants. They regulate existing agreements between water purveyors. PEDC Minutes August 11, 2008 Page 1 of 9 Bieren stated that a number of important things are happening in the Court System associated with the Municipal Water Law that Kent will watch closely and based on recent rulings may amend the Water System Plan if necessary. Bieren stated that unlike other jurisdictions, our water supply will meet Kent's needs through 2035. He stated that pressure issues exist on East and West Hill. Staff would like to construct a 640 zone storage tank on East Hill to raise the water surface elevation to 640 feet above sea level from its current water level of 590 feet to provide more storage and water pressure. Water pressure issues on West Hill have been corrected over the years through a system of pumps. Bieren stated that the Guiberson Reservoir on Scenic Hill needs to be replaced due to leaking. He stated that 12.5 million gallons of water is available to Kent through the Tacoma Second Supply Pipeline. He stated that Tacoma may opt to build a water treatment facility around 2013 or 2014 that would allow Kent to withdraw water from this pipeline year round. The cost to Kent would be approximately 40 million dollars. Bieren stated that the cost of the previously mentioned improvements, improvements related to the Kent East Hill Operations Center with a new testing facility, water main replacements and reservoir replacements will run about $150 to $160 million dollars. Drainage Master Plan Environmental Engineer Beth Tan stated that the Drainage Master Plan (DMP) was last updated in 1985. She stated that the city has completed a Capital Improvement Plan and acquired property through annexations. Tan stated that a lot of growth has occurred since 1985 and Kent has acquired more impervious area. She stated that maintenance needs have changed and flooding issues have occurred. Tan stated that staff reviewed flooding risks and considered how to reduce flooding damage associated with Kent's streams, Mill Creek, Springbrook Creek, Garrison Creek, Meridian Valley Creek, and Soosette Creek. Tan stated that staff looked at the flooding issues within Kent's local drainage systems or pathways that exist in Kent's storage facilities, specifically the water detention structures and the two dams on Mill Creek. Tan stated that staff looked at Kent's infrastructure, future stormwater main replacement needs, habitat restoration, wetland preservation, and water quality issues. Tan stated that water quality issues includes Kent's unfunded permit (a National Pollution Discharge Elimination System (NPDES) Phase II permit) mandated but unfunded by the Department of Ecology's rules and regulations. She stated that staff has considered how the City will maintain records and monitor the daily load compliance within the NPDES. The second Water Quality issue is meeting compliance within a TMDL. Tan defined TMDL as a " total maximum daily load PEDC-Minutes August 11, 2008 Page 2 of 9 compliance" by stating the State maintains maximum daily loads for various nutrients and temperature in stream bodies. Tan stated that Kent monitors phosphorus in Lake Fenwick as a requirement of WA Department of Ecology, which will require water quality restoration improvements to reduce the total phosphorus within that lake outlet and maintain acceptable levels of phosphorus per the State's requirement standards. Tan stated that the City is mandated to comply with the maintenance requirements within the Phase II permit to avoid potential lawsuits or a fine from the Department of Ecology. Tan stated that the Washington State Department of Ecology regulates the Clean Water Act under the leadership of the Environmental Protection Agency. Tan stated that staff considered the drainage component of Kent's 6-Year Transportation Improvement Program (TIP) and 20-Year Transportation Master Program (TMP) with respect to the storm water facilities that staff will have in place as transportation improvements are made. She stated that those improvements include curb edge for storm water systems, water quality systems, and the acquisition of property for those storm water facilities will come from the drainage rate fund. Tan stated that staff looked at the Green River Levee repair and replacement work. She stated that the US Army Corp of Engineers in collaboration with the King County Flood Control Zone District is currently working on some projects in Kent. Tan stated that the King County Flood Control Zone District is a countywide program responsible for maintaining and repairing levees in King County. She stated that a portion of property tax is appropriated for the King County Flood Control Zone District, with a share of those funds given to each district. Some of those funds are budgeted for the repair and replacement of some of the Green River levees. Tan stated that staff estimates that it will cost about $200 million dollars to replace all the levees in Kent and have them FEMA certified, with $70 million dollars received from the King County Flood Control Zone District. Tan stated that Kent receives funds from the Army Corp of Engineers (ACOE) annually, but the amount varies from year to year. She stated that the ACOE often shares the cost on major projects with the King County Flood Control Zone District and Kent. In response to Albertson, Tan clarified that property owners in the Valley will be challenged to have their property insured if Kent's levees are not certified. Tan stated that the Federal Emergency Management Agency (FEMA) is in charge of certifying the levees and the flood insurance rate maps. She stated that FEMA is in the process of looking at Kent's levee maps. They created a preliminary new map which was appealed by Kent, King County and other jurisdictions. FEMA should have a new map available for review mid 2009. PEDC-Minutes August 11, 2008 Page 3 of 9 Tan stated that staff is looking at incorporating Low Impact Development (LID) t guidelines into the City's Surface Water Design Manual update to be completed by August 2009. Clark discussed drainage and water rate issues with staff. Tan stated that some of Kent's major projects include the Upper Mill Creek Dam improvements to increase storage along 104th Avenue, Mill Creek restoration from Smith to James, from James to Chandler Bay, and the Green River Natural Resource Area which store flood control water. Tan stated that staff discovered that they need to make outlet improvements to meet projected storage capacity within those areas. She stated that approximately 300 acre feet of storage are available at the Green River Natural Resource area site, but the outlet is not performing correctly. Tan stated that staff needs to complete some major improvements now, as the City is currently losing from 80 to 100 acre feet of storage within that facility. Tan stated that one project along the 76th Avenue Corridor, north of 228th, where there are a lot of businesses, continually experiences flooding, and has sustained road damage from all the water that ponds and seeps into the sub-grade. Tan stated that the intent of the 228th Street project is to divert some of the water flowing into the 76th Avenue area to the Green River Natural Resource Area to off- load some of the flooding. Tan stated that the cost to complete the projects ranges from $120 to $220 million dollars, based on whether or not Council decides to fund the levee repair work. Discussion ensued with respect to grade separation, the construction for over or underpasses with respect to the rail system and how water would be diverted from those areas. Capital Facilities Element of Comprehensive Plan Tan stated that staff has looked at the Goals and Policies contained in the Capital Facilities Element Chapter 8, and in the Land Use Element Chapter 4 of Kent's Comprehensive Plan. Staff made minor modifications to some goals and policies and moved other goals and policies from other elements of the comprehensive plan to the Capital Facilities Element related to utilities. Clark questioned whether the city was prepared to accommodate such services that would be required to adequately accommodate the anticipated growth without degrading levels of service were the Potential Annexation Area of Panther Lake annexed. He questioned if the City was negotiating with the County with respect to services. Bieren stated that staff is working to identify existing facilities in the Panther Lake area and what it would take to build facilities to Kent's Standards. He stated that it PEDC-Minutes August 11, 2008 Page 4of9 is his understanding that Kent is receiving full cooperation from King County in terms of identifying existing facilities. Tan stated that staff added new Goals and Policies. Goal CF-22 identifies the National Pollution Discharge Elimination System Phase II Permit. The goals and policies are taken straight from this permit Kent holds with the DOE. Goal CF-23 encourages the use of low impact development in construction projects. Tan stated that Kent has approximately 425 publicly maintained storm water detention ponds. She stated that those ponds collect, detain and release at a specific rate. Tan stated that staff looked at the City's existing drainage system and buildout and then took a more conservative approach in looking at the City's full buildout per the GMA requirements, excluding low impact development. Tan stated that Kent would have to improve the drainage system for those areas of Kent with a substantial redevelopment submittal, based on Kent City Code (KCC) requirements. Tan stated that KCC requires redevelopments to follow guidelines laid out in the Surface Water Design Manual. She stated that if those guideline thresholds are exceeded the redevelopment would be required to construct detention areas and meet the water quality requirements for the redevelopment of that area. Bieren spoke about the Capital Facilities Plan Goals CF-25, 26, 27, 28 and 29. Bieren stated that the DMP, WSP and associated Comprehensive Plan Element changes are scheduled to go before the Public Works Committee on August 18t" and to City Council on September 2nd for adoption. Anderson stated that the Land Use and Planning Board (LUPB) reviewed the DMP and WSP, unanimously recommending approval of the plans, as well as the changes to the Capital Facilities Element in the Comprehensive Plan. Anderson stated that the LUPB was impressed with what the Public Works Department had presented in the plans, thought the plans were comprehensive, and easy to understand. She stated that some citizens voiced their concerns with drainage and flooding along Military Road and they are in attendance at this meeting. Tan stated that staff will be going out to those sites to address these concerns and the City will be cleaning the manhole that had overflowed on a twice yearly basis. Ms. Charlie King, 26201 Military Road So, stated that she spoke before the LUPB with respect to the manhole at the top of her driveway that spewed over 240 gallons of muddy water into the basement of her home, causing over $10,000 worth the damage to her floors and eroding the fill under her driveway. King stated that neither she nor her neighbors have been contacted by City staff. PEDC-Minutes August 11, 2008 Page 5 of 9 King stated that rather than using the terminology "encouraging" or 'promote", she t would support using the terminology "require" with respect to low impact development. She stated that a developer would be "required" rather than encouraged to meet specific development conditions. Bieren stated that any new or redevelopment would be required to meet the City's drainage standards. Tan stated that Kent adopted a Storm Water Surface Manual in 2002 that includes detention and water quality requirements for any development or redevelopment. Tan stated that the Drainage Master Plan requires redevelopments to pay for their development systems and any necessary improvements to restore the water systems. She stated that after the DMP is adopted, the City can request new developments in those areas to increase their pipe size in order to maintain positive water flow. Roseanne Torgerson, 26015 Military Rd S, clarified that four neighbors attended the July 28t" LUPB meeting and three voiced their concerns. Torgerson stated that the people residing along Military Road are risking their safety by climbing into the drainage ditches to clean them out and clear the ends of the culverts to keep the water system working. Bieren stated that he believes the drainage issues along Military have been brought to the Public Works Maintenance Operations attention to look at. He encourages the public to call the City at 253.856.5600 when they notice any problem areas that need attention. Torgerson voiced her concerns with: 1) the flooded muddy bus stop on Military Road in front of her property, 2) the buildup of contaminates and debris which forms a berm, when City maintenance crews come through with their equipment to maintain the edge of the roadway, 3) the creek that has formed and runs down her driveway whenever it rains, as the result of the berm transforming her driveway into a low area 4) the turf left behind in the ditches after the maintenance crews have been through which blocks the culverts. Bieren stated that the City's maintenance crew generally places those tailings alongside those ditches that can handle them, and can continue to operate. He stated that if the ditches need to be cleaned out, City staff will pick up those tailings and take them to a site where they are tested. Bieren encouraged folks to call the city to report any localized clumps of debris clogging a culvert, so that City staff t could take care of it. Bieren stated that the road bed has been improved over the years. He stated that there are potential improvements for the future to widen that section of Military Road and improve the drainage system's capacity. Bieren stated that Tor erson's concerns would be addressed through the DMP as 9 9 there is a maintenance component that talks about increasing maintenance in areas PEDC-Minutes August 11, 2008 Page 6 of 9 such as Military Road. He stated that staff has budgeted for a rate increase that may help to take care of this situation. Torgerson spoke about issues with respect to fire hydrant damage, accessability, and visibility. Bieren stated that the City works with the Fire Department to resolve these types of problems. Charles Findley, 26425 Military Rd. S, stated that the V-shaped drainage ditch fronting his property at 26505 Military Rd. S. has made it difficult for him to mow his lawn. Findley stated that he would like to see this ditch filled in, replace the drainage ditch with a pipe system that runs down to I-5. Clark MOVED to approve the recommendation of the Land Use and Planning Board to amend the Capital Facilities Element of the Kent Comprehensive Plan and incorporate the 2008 Water System Plan by reference into the Kent Comprehensive Plan and adopt the same by ordinance. Harmon SECONDED the Motion. Motion PASSED 3-0. Harmon MOVED to approve the recommendation of the Land Use and Planning Board to adopt the 2008 Water System Plan by ordinance. Clark SECONDED the Motion. Motion PASSED 3-0. Clark MOVED to approve the recommendation of the Land Use and Planning Board to amend the Capital Facilities Element of the Kent Comprehensive Plan and incorporate the Drainage Master Plan by reference into the Kent Comprehensive Plan and adopt the same by ordinance. Harmon SECONDED the Motion. Motion PASSED 3-0. Harmon MOVED to approve the recommendation of the Land Use and Planning Board to adopt the Drainage Master Plan by ordinance. Clark SECONDED the Motion. Motion PASSED 3-0. #CPA-2007-4 Midway Subarea Plan Interlocal Agreement Modification Long Range Planner Gloria Gould-Wessen stated that Kent would like to amend the Midway Planning area project's interlocal agreement between the cities of Kent and Des Moines to include five parcels in the Midway planning study area which are located in the New Alaska Trailer Park off of 240th , and in the West Hill Mobile Manor off of 260th Gould-W ss n stated that the Midway planning project is a joint effort between the cities of Kent and Des Moines, partially funded by Washington State Department of Community Trade and Economic Development (CTED). She stated that the assembly of boundaries was defined during a joint Council Committee meeting held between the cities of Kent and Des Moines in February 2008. Those boundaries along with a mission statement, goals and a list of deliverables were tied to the CTED grant, are part of this interlocal agreement between the cities which were signed and became effective June 6, 2008. PEDC-Minutes August 11, 2008 Page 7 of 9 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 6, 2008 To: Chair Elizabeth Albertson and Planning and Economic Development Committee Members From: Mike Mactutis, P.E., Environmental Engineering Manager Mark Howlett, P.E., Design Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Kent Comprehensive Plan Update MOTION: I move to approve/deny/modify the recommendation of the Land Use and Planning Board to amend the Capital Facilities element of the Kent Comprehensive Plan, incorporate the 2008 Water System Plan by reference into the Kent Comprehensive Plan, and adopt the same by ordinance. MOTION: I move to approve/deny/modify the recommendation of the Land Use and Planning Board to adopt the 2008 Water System Plan by ordinance. MOTION: I move to approve/deny/modify the recommendation of the Land Use & Planning Board to amend the Capital Facilities element of the Kent Comprehensive Plan, incorporate the Drainage Master Plan by reference into the Kent Comprehensive Plan, and adopt the same by ordinance. MOTION: I move to approve/deny/modify the recommendation of the Land Use & Planning Board to adopt the Drainage Master Plan by ordinance. Summary: The City of Kent staff and their consultants have completed amendments to the Comprehensive Plan to include the 2008 Water System Plan and Drainage Master Plan. The Comprehensive Plan, Element 8, Capital Facilities was modified to include the updated information of the water and drainage plans along with an update of the Goals and Policy section. The plans and Capital Facilities Element update were prepared according to the requirements of the Growth Management Act. Following their July 28, 2008 public hearing, the Land Use and Planning Board unanimously recommended approval of the plans and the amendments to the Kent Comprehensive Plan. Background/History: The Drainage Master Plan is a comprehensive review of all watersheds within the City limits. The plan includes hydrologic and hydraulic analysis of major storm water conveyance pipes and streams, determination of areas of infrastructure replacement and/or improvement, alternatives to correct drainage problems, and projected costs estimates and requirements of the National Pollution Discharge Elimination System Phase II permit. The plan also includes stream, wetland, flood protection, critical areas protection and improvement projects to benefit wildlife, water quality and aesthetic value to the City. The Comprehensive Water System Plan is the framework for updating, repair, and replacement of the City's water service lines. The City plan will also include the needs for improvements in storage capacity, water pressure requirements, regulatory requirements, fire code standards, and protection of the Clark Springs Water Supply System and Well Head Protection. CA/pm S:\Permit\Plan\COMP_PLAN_AMEN DMENTS\2008\CPA-2008-3_WaterSystem&Drainage Plan- Util ityElem\PEDC\081108_StaffRpt_CWSP-DMP-Fi nal,doc Eric: 2008 Water System Plan, including Wellhead Protection Program Phases I and II; Drainage Master Plan; Capital Facilities Element Amdmts; SEPA Addendum and Adoption Notice; Exhibits from LUPB hearing of 7/28/08. PEDC Meeting 8/11/08 Kent Comprehensive Plan Update Please note that these documents (though not attached within this packet) may be accessed through the following City of Kent's Websites: http://www.ci.kent.wa.us/publicworks/index.aspx?id=9136 (Water) http://www.ci.kent.wa.us/publicworks/index.aspx?id=9134 (Drainage) • 2008 Water System Plan • The Wellhead Protection Program Phase I and II • The Drainage Master Plan; • The Capital Facilities Element Amendments COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager • Phone: 253-856-5454 KEN T Fax: 253-856-6454 W A 9 N IN O T o N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 CITY OF KENT ADDENDUM TO THE KENT COMPREHENSIVE PLAN ENVIRONMENTAL IMPACT STATEMENT (#ENV-93-51) Capital Facilities Element, Drainage Master Plan and Water System Plan CPA-2008-3 (#RPP6-2081907) ENV 2008-24/25 (#RPSA 2082266 and 2082340) Responsible Official: Charlene Anderson, AICP SCOPE The City of Kent has completed environmental analysis, pursuant to the State Environmental Policy Act (SEPA), for an amendment to the Capital Facilities Element of the Comprehensive Plan, including adoption of the Drainage Master Plan and Water System Plan and their incorporation into the Comprehensive Plan as appendices. The plans are based upon and support the City's Land Use Plan Map as identified in the Comprehensive Plan. The Drainage Master Plan provides the framework for alleviating localized flooding, flood prevention, habitat and wetland restoration, and protecting water quality within the City for the next 10 years. It also provides the framework to address requirements of mandatory permits such as the Total Maximum Daily Load (TMDL) and National Pollutant Discharge Elimination System Phase 2 Permit. The 2008 Water System Plan is a compilation of planning and engineering analysis conducted to determine the adequacy of the Kent Water System to meet the existing and projected requirements for provision of domestic and fire protection service within its established service area. The plans inventory the existing systems, use land use assumptions to estimate future conditions, identify deficiencies, specify projects, actions and requirements for meeting the drainage and water system needs, and include multiple funding approaches. The proposed amendments to the Capital Facilities Element summarize the two plans and bring the Capital Facilities Element current. Although extensive, the update does not substantially change the direction, theme, goals or policies of the Comprehensive Plan adopted in 1995 and updated in 2004. Therefore, it is appropriate to utilize the Environmental Impact Statement (EIS) that was completed for the 1995 Comprehensive Plan to meet the statutory requirements of the State Environmental Policy Act associated with this proposal. The EIS was programmatic in nature and evaluated general characteristics and potential impacts associated with the adoption of the proposed goals and policies of the 1995 Comprehensive Plan. The impacts and mitigation alternatives that were evaluated at that time are ENV-2008-24 and 25 Capital Facilities Element, Drainage Master Plan and Water System Plan Comprehensive Plan EIS-Addendum still valid today and also were adequate to address the 2002/2004 Comprehensive Plan update. The proposed Capital Facilities Element, Drainage Master Plan and Water System Plan utilize the Land Use Plan Map as the basis for their projected needs. The scope of this addendum adds analysis to the Comprehensive Plan Environmental Impact Statement (EIS) in the following area; water. BACKGROUND The proposed amendment to the Capital Facilities Element and adoption and incorporation of the Drainage Master Plan and Water System Plan began with City Council approval of consultant contracts in 2007. For the Drainage Master Plan update the City formed and worked with a citizen's task force to gain information and comments. The previous comprehensive drainage master plan was completed in 1985, over 20 years ago. New federal and state regulations have significant implications on the City's drainage management planning, including regulations under the Clean Water Act, 1 National Pollutant Discharge Elimination System Phase II Permitting, and Total Maximum Daily Load requirements. For the Water System Plan, the State Department of Health requires an update of the City's plan every six years, ensuring reliable, safe drinking water throughout the City's water service area to meet the fire, life safety, and commercial/industrial demands of the City's water customers. The proposed amendments bring the Capital Facilities Element, Drainage Master Plan and Water System Plan current by providing additional analysis of the existing systems and identifying future needs based on the Land Use Plan Map. The plans inventory the existing j systems, use land use assumptions to estimate future conditions, identify deficiencies, specify projects, actions and requirements for meeting the drainage and water system needs, and include multiple funding approaches. This environmental analysis provides an addendum to the City's Comprehensive Plan EIS related to this nonproject action. SEPA COMPLIANCE In October 1993, the City of Kent issued a Determination of Significance (DS) and Notice of Scoping for the Comprehensive Plan (ENV-93-51). After a series of public meetings, a Draft Environmental Impact Statement (DEIS) was issued on July 18, 1994 for the Draft Comprehensive Plan, Issued on the same date. The DEIS was distributed to City Council and Planning Commission members, adjacent jurisdictions, affected agencies and other parties of interest. After comments on the DEIS were solicited and reviewed, a Final Environmental Impact Statement (FEIS) was issued and distributed on January 30, 1995. The EIS analyzed the environmental impacts of the Comprehensive Plan, which was adopted April 18, 1995. The purpose of the EIS for the Comprehensive Plan was to assess the impacts of the Plan on the City and its growth area. The EIS does not analyze the significance of site specific impacts; it analyzes the significance of impacts on a broad area. i Page 2 of 5 ENV-2008-24 and 25 Capital Facilities Element, Drainage Master Plan and Water System Plan Comprehensive Plan EIS-Addendum This Addendum to the Kent PP Comprehensive Plan EIS appends that document. P The state SEPA statute requires the City to complete environmental analysis for non-project actions such as Comprehensive Plans. Jurisdictions may meet this requirement through the adoption of existing environmental documents and through the use of addenda to provide additional information that does not substantially change the analysis of the prior document (WAC 197-11-600). The update to the Capital Facilities Element including adoption and incorporation of the Drainage Master Plan and Water System Plan provides additional data and analysis but does not necessitate modification of the Comprehensive Plan EIS analysis or mitigation measures since it does not substantially change the analysis of significant impacts and alternatives from the Comprehensive Plan EIS, draft and final. STATEMENT OF CONSISTENCY Future project permit applications that may be undertaken to implement the Capital Facilities Element, Drainage Master Plan and Water System Plan will be subject to and shall be consistent with the following: City of Kent Comprehensive Plan, the Kent City Code, Uniform Fire Code, Uniform Building Code, Public Works Standards and all other applicable laws and ordinances in affect at the time a complete project permit application is filed. ENVIRONMENTAL REVIEW - SCOPE OF EIS ADDENDUM The City of Kent has followed the process of phased environmental review as it undertakes actions to implement and amend the Comprehensive Plan. The State Environmental Policy Act (SEPA) and rules established for the act, WAC 197-11, outline procedures for the use of existing environmental documents and preparing addenda to environmental decisions. Non-project Documents - An EIS prepared for a comprehensive plan, P J P P P development regulation, or other broad based policy documents are considered "non-project," or programmatic in nature (see WAC 197-11-704). These are distinguished from EISs or environmental documents prepared for specific project actions, such as a building permit or a road construction project. The purpose of a non-project EIS is to analyze proposed alternatives and to provide environmental consideration and mitigation prior to adoption of an alternative. It is also a document that discloses the process used in evaluating alternatives to decision-makers and citizens. Phased Review - SEPA rules allow environmental review to be phased so that review coincides with meaningful points in the planning and decision making process, (WAC 197-11-060(5)). Broader environmental documents may be followed by narrower documents that incorporate general discussion by reference and concentrate solely on issues specific to that proposal. SEPA rules also clearly state that agencies shall use a variety of mechanisms, including addenda, adoption and incorporation by reference, to avoid duplication and excess paperwork. Prior Environmental Documents - The City of Kent issued a Draft Environmental Impact Statement (DEIS) for the Comprehensive Plan on July Page 3 of 5 ENV-2008-24 and 25 Capital Facilities Element, Drainage Master Plan and Water System Plan Comprehensive Plan EIS-Addendum 18 1994 (#ENV-93-51 . The DEIS analyzed three comprehensive plan land use alternatives, and recommended mitigation measures, which were used in preparing comprehensive plan policies. The preferred land use alternative which was incorporated into the Comprehensive Plan was most closely related to Alternative 2 of the DEIS, (the mixed-use alternative). A Final Environmental Impact Statement (FEIS) was issued on January 30, 1995, and the Comprehensive Plan was adopted by the City Council on April 18, 1995. Therefore, the impacts of the Land Use and Capital Facilities Elements including the Drainage Master Plan and Water System Plan as adopted in the Comprehensive Plan are within the range of impacts evaluated in the EIS. Scope of Addendum - As outlined in the SEPA rules, the purpose of an addendum is to provide environmental analysis with respect to the land use and zoning designation for the subject property. This analysis builds upon the Comprehensive Plan EIS but does not substantially change the identified impacts and analysis; therefore it is prudent to utilize the addendum process as outlined in WAC-197-11-600(4)(c). ENVIRONMENTAL ELEMENTS All environmental elements were adequately addressed within the parameters of the City of Kent Comprehensive Plan EIS, draft and final. The Comprehensive Plan EIS evaluated the potential impacts associated with the build-out of the city, consistent with the Comprehensive Plan. The EIS also identified broad measures to mitigate those impacts. The proposed update to the Capital Facilities Element, approval and incorporation of the Drainage Master Plan and the Water System Plan do not substantially change the scope, goals and/or policies identified in the 1995 Comprehensive Plan. Generally, the proposal adds analysis from recent regional and local studies, census information and other city planning documents. Independent environmental review, pursuant to SEPA, was completed for each annexation area at the time those properties were annexed into the City of Kent. Additionally, separate environmental review was completed at the time past Comprehensive Plan updates were adopted. The proposed amendment to the Capital Facilities Element, approval and incorporation of the Drainage Master Plan and Water System Plan consolidate the goals and policies from these past reviews and does not merit additional mitigation from that expressed in the Comprehensive Plan EIS, draft and final, to protect the natural environment. Subsequent "project" actions would require the submittal of separate environmental checklists, pursuant to SEPA, which will be analyzed for consistency with the original mitigating conditions and may require new mitigation based upon site-specific conditions. I. DISCUSSION OF ENVIRONMENTAL ELEMENTS Water The proposal includes goals, policies and strategies to monitor and improve drainage and water systems and to provide additional opportunities for efficiency, conservation and low impact development strategies, as well as staff training and increased public outreach and education. Page 4 of 5 ENV-2008-24 and 25 Capital Facilities Element, Drainage Master Plan and Water System Plan Comprehensive Plan EIS-Addendum II. SUMMARY AND RECOMMENDATION A. SUMMARY Kent City Code section 11.03.510 identifies plans and policies from which the City may draw substantive mitigation under the State Environmental Policy Act. The amendment to the Capital Facilities Element including adoption and incorporation of the Drainage Master Plan and Water System Plan have been evaluated in light of those substantive plans and policies as well as within the overall analysis completed for the City's Comprehensive Plan EIS. S. DECISION The City of Kent Comprehensive Plan EIS, draft and final, provided extensive analysis with regard to the environmental impacts associated with the implementation of the Comprehensive Plan. The mitigating conditions included anticipated impacts associated with the increased traffic, sensitive areas and storm water runoff, as well as impacts to public services and utilities. The City has reviewed the proposed Comprehensive Plan update and has found it to be generally consistent with the range, types and magnitude of impacts and corresponding mitigation outlined in the Comprehensive Plan EIS. The update addresses improvements to the drainage and water systems required in order to accommodate the types and intensities of build- out associated with the comprehensive Plan EIS alternatives. This analysis and subsequent addendum did not identify any new significant impacts associated with this proposal. Therefore, this addendum, combined with the Comprehensive Plan EIS adequately evaluate potential adverse environmental impacts and provide appropriate mitigation. Based upon this analysis, a separate threshold determination is not required for this action. This document and corresponding environmental record may be utilized in the future in conjunction with environmental review for future project and non- project land use proposals and plans within the City in accordance with the guidelines provided by WAC 197-11. 0 06 aa__� Dated: July 21, 2008 Signature: l Charlene Anderson, AICP, Responsible Official CA:jm\\S:\Permit\Plan\Env\2008\2082266_2340-2008-24_25dmpwspaddendum.doc Page 5of5 Is j KENT W A 9 H I N G T G N ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS L #ENV-2008-24/25 KIVA #RPSA-2082266 and 2082340 Adoption Document(s): EIS Description of current proposal: The action proposed by the City consists of the update of the Capital Facilities Element of the Comprehensive Plan including adoption and incorporation of the Drainage Master Plan and Water System Plan. Proponent: City of Kent Location of proposal: The proposal is a city-wide action. Title of document(s) being adopted: City of Kent Comprehensive Plan Environmental Impact Statement Draft (July 1994) and Final (January 1995) — Prepared by the City of Kent. Description of document (or portion) being_adopted: The City of Kent Comprehensive Plan EIS is being adopted in total. This document evaluated three different land use alternatives for the city. The analysis evaluated the type and range of impacts to the environment associated with each land use alternative and associated development regulations. If the document has been challenged (WAC 197-11-630). please describe: The document was not challenged. Document availability:This document is available for review at the City of Kent Planning Services office, 400 West Gowe, Kent, WA 98032 from 8:00 am to 5:00 pm. We have identified and adopted this document as being appropriate for this proposal after independent review. Along with the addendum, this document meets our environmental review needs for the current proposal and will accompany the proposal to the decisionmaker(s). Name of agency adopting the document: City of Kent Contact person/Responsible Official: Charlene Anderson, AICP (253) 856-5431 Planning Manager City of Kent Community Development Dept. 220 Fourth Ave South Kent, WA 98032 Date: 07/21/08 Signatur .� CA:jm\\5:\Permit\Plan\Env\2008\2082266_2340-2008-24_25dmpwspadopt.doc L Kent City Council Meeting Date September 2, 2008 Category BIDS - 8A 1. SUBJECT: 2008 DOWNTOWN SIDEWALK IMPROVEMENTS 2. SUMMARY STATEMENT: The Bid opening for this project was held on August 12, 2008 with nine (09) bids received. After the Bids were opened, Schedule B was deleted from the Project because the City may obtain federal funding for the sidewalk improvements along 2nd Avenue. The City will re-bid this section of work under a future, separate project. The low bid for Schedule A of the Project was submitted by Construct Company, in the amount of $765,309.30. The Engineer's Estimate was $762,205.00. The Public Works Director recommends awarding this contract to Construct Company. 3. EXHIBITS: Public Works Memorandum dated 8/29/08 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT: Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to authorize the Mayor to sign the contract with Construct Company for the 2008 Downtown Sidewalk Improvements project award in the amount of$ 765,309.30. DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Larry R. Blanchard Public Works Director 400 West Gowe Kent, WA 98032 Fax: 253-856-6500 PHONE: 253-856-5500 Memorandum DATE: August 21, 2008 TO: Mayor Cooke and Kent City Council THROUGH: Larry Blanchard, Public Works Director FROM: Garrett Inouye, Project Engineer RE: BID 2008 Downtown Sidewalk Improvements The Bid opening for this project was held on August 12, 2008 with nine (09) bids received. The low bid was submitted by End General Construction, in the amount of $1,190,694.80. The Engineer's estimate was $1,205,975.00. The Public Works Director recommends awarding this contract to End General Construction. Bid Summary 1. End General Construction $1,190,694.80 2. Construct Company $1,197,587.11 3. RW Scott $1,241,160.00 4. Rodarte Construction $1,256,660.00 5. Pivetta Brothers $1,386,737.00 6. Oceanside Construction $1,396,997.00 7. Dennis R. Craig, Construction Inc. $1,403,443.55 8. Westwater Construction $1,411,590.00 9. Gary Merlino $1,425,230.00 Engineer's Estimate $1,205,975.00 U:\PWC\Councll Pkts 2008\2008\09 02 08 2008 Downtown Sidewalk Improvements Accept doc City of Kent Public Works Department i Kent City Council Meeting Date September 2, 2008 Category Bids - 8B 1. SUBJECT: 81ST AVENUE SOUTH STORM REVISIONS 2. SUMMARY STATEMENT: The bid opening for this project was held on August 26, 2008, with thirteen (13) bids received. The low bid was submitted by Archer Construction in the amount of $48,777.50. The Engineer's estimate was $78,038.55. 3. EXHIBITS: Public Works Memorandum 8/26/08 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to authorize the Mayor to sign the contract with Archer Construction for the 81st Avenue South Storm Drain Revisions project in the amount of $48,777.50. DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Larry R. Blanchard Public Works Director 400 West Gowe Kent, WA 98032 Fax: 253-856-6500 PHONE: 253-856-5500 Memorandum DATE: August 26, 2008 TO: Mayor Cooke and Kent City Council THROUGH: Larry Blanchard, Public Works Director u�O FROM: Joe Fielding, Project Engineer RE: Slat Avenue South Storm Drain Revisions The Bid opening for this project was held on August 26, 2008 with thirteen (13) bids received. The low bid was submitted by Archer Construction, in the amount of $48,777.50. The Engineer's estimate was $78,038.55. The Public Works Director recommends awarding this contract to Archer Construction. Bid Summary 1. Archer Construction $48,777.50 2. King Construction $54,680.40 3. Reed Trucking & Excavating $60,456.85 4. Juhl Development $62,380.70 5. Rodarte Construction $62,811.25 6. Scarsella Brothers $65,961.35 7. Nor Tec Construction $69,255.88 8. Pivetta Brothers Construction $75,104.82 9. Construct Company $75,187.60 10. Westwater Construction Co. $78,267.45 11. KC Equipment $79,066.53 12. VLS Construction $92,808.05 13. Dennis R. Craig Construction $93,868.89 Engineer's Estimate $78,038.55 U\PWC\Coundl Pkts 2008\2008\09 02 08 2008 81'Ave South Storm RevlSions A=ept.doc City of Kent Public Works Department ' Kent City Council Meeting Date September 2, 2008 Category Bids - 8C ' 1. SUBJECT: RIVERBEND GOLF COURSE REMODEL PROJECT 2. SUMMARY STATEMENT: The bid opening was held on August 22, 2008, with one bid submitted by Bernhardt Golf in the amount of $757,000, excluding Washington State Sales Tax (WSST). The Engineer's estimate is $950,000, ' excluding WSST. As a result of impacts to the Riverbend Golf Course by levee projects conducted ' by the Army Corps. of Engineers, the City will be reimbursed for project expenditures, as outlined in an agreement with King County. Staff is requesting authorization for the Mayor to enter into an agreement with Bernhardt Golf for $757,000, plus WSST to complete the Riverbend Golf Course Remodel Project, subject to final terms and conditions acceptable to the City Attorney. ' 3. EXHIBITS: Bid Tab and Bidder's packet including draft contract proposal 9 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to authorize the Mayor to sign the agreement with Bernhardt Golf for $757,000, plus Washington State Sales Tax, to complete the Riverbend Golf Course Remodel Project, subject to final terms and conditions acceptable to the City Attorney. DISCUSSION: ACTION: KE •NT WASHINGTON Bid Tabulation Form Kent parks, Recreation and Community Services City of Kent, Washington Name: Riverbend Golf Course Remodel Date: August 22, 2008 Due: 2:00 p.m. Opened: 2:25 p.m. ' Bidder Total Lump Sum Bid: Addendum #i Received Bernhardt Golf 757 000.00 ✓ Consultant Estimate: $950,000.00, plus applicable Washington State Sales Tax. One bid received. Apparent low bidder is Bernhardt Golf for $757,000.00. Staff will review the bid documents and verify references. Kent City Council is expected to award the contract on Tuesday, September 2, 2008. Questions may be directed to Pete Petersen, Riverbend Golf Course Superintendent at (253) 856-5190. • KENT W AS HIN6TON AGREEMENT BETWEEN THE CITY OF KENT AND BERNHARDT GOLF FOR THE RIVERBEND GOLF COURSE RE-MODEL THIS AGREEMENT, made in triplicate, is entered into between the CITY OF KENT, a ' Washington municipal corporation ("City'l, and Bernhardt Golf, organized under the laws of the State of Oregon, located and doing business at 7340 SW Miller Hill Road, Beaverton, OR 97007; P: 503-649-3535, F: 503-591-9491 'Contractor'). WITNESS: In consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for: Riverbend Golf Course in accordance with and as described in the Contract Documents and shall perform any alterations in or additions to the work provided under the Contract Documents and every part thereof. The Contract Documents shall include all project specifications, provisions, and plans; the City's general and special conditions; the 2006 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations, if ' applicable ("Standard Specifications'); the City's bid documents; and the Contractor's response to the City's bid. Unless otherwise directed by the City, work shall start within ten (10) days after the City issues its Notice to Proceed and be completed within 660 calendar days. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in the Contract Documents and every part thereof, except as mentioned in the specifications to be furnished by the City. 2. The City hereby promises and agrees with the Contractor to employ, and does employ, the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract Documents and the schedule of unit or itemized prices provided by Contractor in its response to the City's bid, at the time and in the manner and upon the conditions provided for in the Contract Documents. Project Name: Riverbend Golf Course Page 1 of 3 3. The Contractor for itself, and for its heirs, executors, administrators, successors, ' and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. ' 5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns harmless from any and all claims, , injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this contract, except for injuries and damages caused by the sole negligence of the City. ' The City's inspection or acceptance of any of Contractor'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 contract 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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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 contract. 6. Contractor agrees, upon the City's written demand, to make all books and t records available to the City for inspection, review, photocopying, and audit in the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at , places designated by the City. 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the 'one call" locator service before commencing any excavation activities. Project Name: Riverbend Golf Course Page 2 of 3 9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the ' City. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written. CITY OF KENT ' BY: SUZETTE COOKE, MAYOR DATE: ATTEST: BRENDA]ACOBER, CITY CLERK ' APPROVED AS TO FORM: KENT LAW DEPARTMENT CONTRACTOR: BY: PRINT NAME: TITLE: DATE: Notary Acknowledgement for Contractor on Following Page ' Project Name: Riverbend Golf Course Page 3 of 3 BID PROPOSAL , To The City Clerk City.Hall 220 Fourth Avenue South Kent, Washington.g8032 ' Sernex •�661F The undersigned hereby certifies that e d i 5kon O has personally-examined the job site and construction 'details-of the work as .outlined on the Plans , and described in the-Contract Documents for Riverbend Golf Course Re-Model for the City-of Kent, Washington, and has -read and -thoroughly understands the Plans -and Contract , :Documents, specifically including all specifications., :governing the work in this ,project and -the method by which payment will be .made for said ,work and hereby proposes to undertake and , complete the work embraced in this-improvement-in accordance with said Plans and all Contract Documents and at the-fol lowi rig schedule of•rates-and prices: NOTE TO BIDDERS: ' (1) Unit.prices for all items, all extensions and total amount ofbid mustbe-shown. Show unit prices in ,both words .and figures and, where conflict occurs, the written or typed words shall prevail. It is the intention of the City-to award the entire contract to one contractor. (2) Washington State Department of Revenue Special Rule 17.0, and -its related rules, applies to this-contract. Under these rules, the City will automatically`add retail sales tax to each payment made to the Contractor. Accordingly, 'the Contractor should not include :retail sales tax in the Unit Bid .item (s) or Lump Sum .Prices, subject to certain limited :exceptions. See t WSDOT Standard Specifications, Section 1-07.2. r CONTRACTOR'S COMPLIANCE.STATEMENT (President's Executive Order#11246) Date: 7- 01a -43, This statement relates to a proposed contract with the -City of Kent named .Riverbend Golf Course Re-Model I am the uncle signed 'bidder or .prospective .contractor. I represent that I (please circle one ' response)(have or have not, participated in a previous contractor subcontract subject to the President's xecutive Order 411246 (regarding -equal •employment opportunity) or a preceding similar Executive Order. BIDDER: 1P�Il�Il �'l GOLFaJ yisia,,f gern),gfty 1;J_yshies Tv,, Co Name By: Contractoro ontractor's Representative;Signature its: b a.rry l 4, 8erxlu rJ+ DATE: -'9 ADDRESS: 73` O 5&) 101eh lei/ Rcyae 13eave4-�� , oA 97D07--51-1sY For information about your,previous contracts or subcontracts, consult hftp://envirotext.eh.doe.gov/dataleos/iohn;son/l�6509-24.htmi. A. BASE BID: RIVERBEND GOLF COURSE RE-MODEL Base bid amount should include all overhead, labor, materials, and equipment necessary to complete the work. Work noted as "not in contract" abbreviated N.I.C. is not included in Base Bid. 1. Staking, Clearing & Rough Grading: Contractor will locate tee, green and fairway centers, clear the site of vegetation and debris, grade site, including top soil work per the plans and specifications. $ C� /I 00Q . 4LO- (figures) ! -J kro &md4x—ef`�'� lhac4ee, (dollars) (Written in dollars) 2. Golf Course Construction: Contractor will provide all materials and construct trees, green, sand bunkers, including installation of perforated drain lines encased in gravel and non-perforated drain lines outside of green and bunker basins and on the tee surfaces, , sumps and drain line termination. $ / 'I'�_7, 49OD• ,(figures) , D ` /4 (dollars) (Written in dollars) ' 3. Landscaping: Prepare tees, greens, fairways and roughs for sodding. Fertilize tees, fairways, and roughs. Install 8' wide asphalt cart paths. Sod all work areas per , specifications. $ r)J 1. 100�G� (figures) GU-D � cc��� �,� i �Z �r� zozearSt r �c� � (dollars) (Written in dollars) ' 4. Irrigation System Modifications: Described separately. G0 g �f , CIOfi $ r _(figures) (dollars) (Writte i ollars) PROJECT-TOTAL , TOTAL LUMP SUM BID, ITEMS 1 —4: Lump Sum $ 757� 6GY1 XJa,� c Sd o (dollars) (Written in dollars) ' A. Base Bid Item Descriptions ' Base Bid# (Irrigation -System Modifications): Lump sum price that shall be considered full compensation for all labor, material, equipment, overhead, profit, etc. necessary to provide a ' complete and operational automatically controlled golf course irrigation .system modifications shown on drawings with Toro sprinklers and quick coupling valves per drawings and specifications, including but-not limited to: • mobilization and demobilization • prior to each Irrigation Consultant field staking visit, Contractor shall develop AutoCAD base feature drawing (showing as-constructed .green -and tee center points and edges of all greens, tees, bunkers, and paths on holes #1 through #9, and #18) and submit to Irrigation Consultant rno later-than five working days prior to Irrigation Consultant's field staking visit. • assist Irrigation Consultant field-layout of sprinklers and then provide Irrigation Consultant with Contractor-developed AutoCAD "as-staked" -drawings (pdf format) based upon Contractor-provided GPS field data collection. Drawings shall include location of staked sprinkler head locations and edges of greens, tees, bunkers, irrigated turf, and paths. • trench safety systems for-any excavation deeper than four-(4):feet • trenching, baekfill, bedding, compaction, and restoration • cutting existing mainline piping and connecting new mainline piping :where shown on drawings•(abandoning in place existing mainline sections noilongerused) • trenching and installing irrigation mainline (Class 200-PVC white gasketed) ' installing-air/vacuum-air-release valves • installing lateral isolation valves on-risers • trenching white -solvent-weld PVC lateral pipe together with 24V wire and connecting to sprinkler'heads, lateral isolation valves, and associated mainline wiring • trenching lateral pipe together with .24V wire and connecting -to existing lateral pipe and 24Vwire where shown on drawings • installing Toro 834S-46-336 &,835S-46-336 valve-in-head -(Virg) sprinkler heads and Toro 474,01 quick coupling -valves and associated swing joints and anti-rotation devices • re-locating four existing Toro VT II field satellite controllers.shown on drawings and installing new copper ground.rods, and connecting to copper grounding-wire • trenching 24V wiring between field -satellite controller pedestals and lateral isolation valves serving new sprinklers on hole #5, #6 green, #8 green, and #6 tee routing 24V wiring in new mainline trenches where possible (hole#5 and #6 green) 1 • intercepting retained existing 24V wiring at retained lateral valves or retained sprinklers and connecting to new 24V circuits serving new sprinklers (#2 tee, #2 fairway, #4 tee, #6 tee, #6"fairway, #7 tee, #8 tee, #9 tee, and #18 tee) • installing spare 24V wire between field satellite controller pedestals 1 K, 1 M, and 1,N -and "five full circle sprinkler locations each at#5, #6, and #8 greens to accommodate future part circle sprinklers • retaining in .place existing 24V wiring between field satellite controllers and retained sprinklers and re-connecting wiring where disturbed during construction • 115V power Wiring from re-located field satellite controllers-to retained existing wiring, connecting wiring and marking below grade splices with valve box • 115V;pulse signal wiring from re-located field satellite controllers to retained existing ' wiring, connecting wiring and marking below grade splices with-.valve°box • installing warning tape or tracer wire in ,pipe trenches otherwise installed without , wiring • installing waterproof electrical splices and installing splice boxes • retaining in place existing irrigation except where replaced by new • line flushing and: ressure-testing • repairing unanticipated damage .(immediately) to new irrigation system piping and wiring to keep new system operational • disconnecting any temporay hydraulic or electrical services including cutting, capping. and;blocking • system activation, testing, training; -documentation {including Contractor-provided AutoCAD as-built drawings based upon:Contractor-provided GPS:•field data collection, field controller .schematics, and closeout manuals), permit-inspection documents, restoration, and site clean-up , • system winterization and.reactivation during construction and warranty period • providing and delivering one'(1) mainline isolation valve key to Owner • providing and delivering five {5) -spare Toro 834S-46-336fulkcircle valve4n-head sprinklers and five (5) spare Toro .83vS46-336 part-circle valve4n,head sprinklers, and sprinkler tools to Owner , ;providing and delivering two (2) Toro 474-01 quick coupling valve keys and hose bibs to Owner • providing and delivering one (1)Jateral isolation valve key to Owner • providing.and delivering specified.electrical maintenance equipment to Owner Important: Base Bid #1 proposal price includes costs.for all 11-5-volt.electrical work performed by a licensed electrician (including materials, labor,;permitting, inspection fees). ! 1 1 B. UNIT PRICING: ' The following unit prices shall prevail for Adding and/or Deleting w-otk:items from those indicated by the Contract Documents, and prices shall remain -in effect for the life of the contract. All-Unit Prices are for-the complete and proper installation,-.per the drawings and I specifications, and shall include all materials, labor, overhead and profit, and any applicable bonds, and expenses. All Unit-Prices shall equally:reflect the total credit given for all materials, labor, overhead and profit, and any applicable expenses not used if that item should be deducted from the scope of work. DO NOT INCLUDE SALES TAX Unit Price Bid.#: Unit 1. Price to add/delete one (1) .installed Toro 8345-46-336 valve-in-head electric full-circle sprinkler head. Price includes all labor, ,equipment, and 390, materials to install approx. 6,5 linear Each $ feet of 2-inch Class 200 PVC white solvent-weld pipe, PVC fittings, I Y4- inch pre-fabricated PVC swing joint and 24V wiring/splicing by trenching. Three N'�,Kctreck C V (Dollars) 2. -Price for adding or deleting one (1) installed Toro 835S-46-336 valve-in- head electric part-circle sprinkler head. Price includes all labor, equipment, and •® materials to install approx. 65 -linear Each $ ® feet of 2-inch Class 200 PVC white solvent-weld pipe, PVC fittings, 1%fl inch pre-fabricated PVC swing joint and 24V wiring/splicing,by-trenching. �Fou r HswAdr-e-,i -- iuy (Dollars) 3. Price for adding or deleting one (1) installed Toro 474-01 Quick Coupling Valve. Price includes all labor, equipment, and material to install new Each $ /cX7` 1-inch pre-fabricated PVC triple swing joint, valve box and anti-rotation device. 0& 4raNr>Pc_b 5eyzr, (Dollars) r 4. Price for adding or deleting one.(I) 1-inch Air Vacuum/Air Release Valve Assembly. Price includes all labor, equipment, and material to install air , vacuum/air release valve and Each associated -isolation gate valve, coated galvanized steel or ductile iron threaded risers, threaded outlet tee or- saddle, valve box, notched :support sleeve, and gravel. , S -e v ev, Lbi^J rej —rw el v e (Dollars) 5. Price to :add/delete one (1) installed 4- inch resilient seat mainline gate valve. Price includes all labor, equipment, and material to =install gate valve and Each $ associated valve box, pipe sleeve and thrustblock. SIX /"D �� seyey (Dollars) 6. Price to add/delete one (1) installed 2- I inch bronze lateral gate valve. Price includes all labor, equipment, and material to install gate valve and associated 2-inch tapped saddle.and 2- Each $ 35a. , inch ductile iron threaded lateral 90 on 4-inch diameter mainline,pipe, 1 %-inch drilled hole •in mainline pipe, 2-inch Schedule 80 PVC MIPT fitting, valve -box,-and pipe sleeve. ajer" M11W b -!� -rWO (Dollars) t 7. Price to -add/delete each lineal foot of trenched 44nch diameter Class 200 PVC white gasketed white mainline ol'7 piping. Price includes all labor, Per L.F. $ a equipment, and material to install pipe , by trenching, .including: trenching, pipe placement,.backfill, and compacting. t y II ar,5 `i gal Ty S'-yov co /S (Dollars) r r 8. Price -per ton to collect, transport and dispose (at Owner-approved on-site disposal area) any excavated soils deemed -unsuitable by Owner for use as .bedding material around new irrigation mainline pipe or other trenched PVC pipes, and wire. -Bedding material shall be placed a minimum of 4-inches above and below pipe/wire and compacted to ninety percent '(90%) density at optimum moisture content per specifications (Section IM, Irrigation Mechanical, paragraph 3.06F). Any native ,material excavated that is considered suitable for filling remainder of trench shall then be placed over bedding material, compacted to finish grade of trench per specifications. Bedding material may also be required where suitable Per Ton -material is -not available for ;placement in the 3-inch top layer or root -zone of the excavated trench ;(to accommodate turf rootzone). Owner-approved bedding material -is further defined as cohesive non- organic soil with optimum moisture content (course sand or approved equal). Unsuitable soils for backfilling around pipe and wire shall be assumed by Contractor ,to be soils with a high content of woody debris, gravel or stones larger than 2-inch diameter. :Unsuitable soils for backfilling -rootzone shall be assumed by Contractor to be soils with a high content of clay, woody debris, gravel or stones larger than 3/4- inch diameter. '5ev-e4A+f-f (Dollars) 9. Price for adding or deleting Clearing Per S.F. area of Turf including tilling. EN C b--AJ-s (Dollars) 1.0.Price .for -adding :or de'letin G�g clearing Per S.F. $ �� L cart path including iasp.halt, :base rock and,disposal. ' eve CeNf'S ({dollars) 11.Price for adding.or deleting 4earing of Each trees including .all firs, :pines :and smaller deciduous trees. `7::-octm ffycN-Dg&-)D 9/::;: "y (DoAars) 42.Price for adding or :deleting of Marge Each '$ JCS 00©. 'cottonwood trees. ; V -r- .7M92GtSANb (Dollars) -� 1 13.*Price for adding or deleting rough Per°C.Y. $ �0a :grading Including shaping. S VGA j>L,1.AKS /+F-'Ty CE207-5 (Dollars) 14.Price for -adding or deleting 4" P.erL.F. $ 0 perforated drain=line and-gravel. iGl�-ice {Dollars) IS.Price for .adding or deleting 4" .non - Per L:F. $ -perforated drain line installed. Sid Cfol t4k-S 'rud/J] vt C AS ,(Dollars) �o 16.Pr=ice for adding or -delefing :purchase., 'Per-S.F. transport, :and installation of -Greens Sod. _ DNE )bot6af, E/e;H'Ty C57ui S (Dollars) 17.Price of adding orsdeletin g purchase, P-er S:F. $ transport, and installation of Tee Sod. ■ �,�� �o l��-� 7�t•✓ �t &-2vf 5 (Dollars) / 18.Price for adding or deleting purchase, Per SR transport and installation of Sod for all work areas except tees and greens. El U Ci5/V77S (Dollars) vS" 19.Price-for adding or deleting -paved .cart Per S.F. $ , path including,prep.aretion, 4"baserock and 2",asphalt. `V K& >U Ams qY6- L (Dollars) DO SNOT INCLUDE SALES,1°A�C C. CONDITIONS OF PROPOSAL 1 1.-Determination of -Low •Bidder: The City reserves the right to "Award a Contract" based*-on theContractor's PROPOSAL-in whatever-manner is in the City's best interest. -Because of the sensitive nature of the project and the accelerated-work schedule the City intends to "Award-a Contract" to the lowest qualified and responsible bidder based-on an evaluation of past Golf Course Construction experience. The City reserves the right to "Award a Contract" Jn the best -interest of the City of Kent following its receipt and verification of submitted bid-responses. 2. Overhead and Profit: All :of the above PROPOSAL Bid Prices shall include overhead and profit. D. TIME OF COMPLETION The undersigned hereby agrees to -complete all work outlined in the contract documents within-sixty (60) calendar days,plus any days added for inclement weather after"Notice to Proceed". IE. PERIOD OF BID VALIDITY The undersigned hereby agrees that this proposal :shall be valid and firm offering for the period of sixty (60) calendar -days from zlosing time for the "Receipt of Proposals" except as noted below. F. EXECUTION OF CONTRACT If written "Notice of Award of Contract" is mailed, telegraphed,, or delivered to the undersigned within the period of .bid validity -noted above, or any time thereafter before this .bid proposal is withdrawn, the undersigned will, within fourteen (14) days after the date -of such notification, execute a contract substantially in the City's Form-of Agreement.(copy herein included). G. -BID BOND GUARANTEE The undersigned further agrees that the BID !BOND GUARANTEE accompanying the 'Proposal shall be left in escrow with the City; -that its 1 amount -is that -treasure of injury the City will sustain :by failure of the undersigned to execute said agreement. Should 'the undersigned fail to deliver the said documents within the fifteen (15) calendar clays after the receipt of the written "Notice of Award of Contract' it shall become the property of the City, -if this Bid Proposal is not accepted by the City within the period of bid validity noted above, or is the undersigned executes said contract-then the Bid Guarantee shall be returned to him. H. LIQUIDATED DAMAGES If the Contractor fails to substantially complete the work by the COMPLETION DATE thatJs set forth (or-such extension of that-date-which may be granted by ' the City) and complete}sodding-key the date.established, Liquidated Damages in-the amount of dive Hundred 'Dollars ($500) for each, up to One Thousand Dollars ($1,000)total per day will:be assessed for each 'calendar day that the contractor exceeds the,cornpletion date and/or sodding date. The undersigned Bidder hereby verifies that these listed bid prices are true;and correct In all respects. BIDDER: SATE: (signature) By: Qt'rf,h ceMi Title: y-es j Je v, (print name) 'Company Name: 13eri of er?x4ard-/—T-mdusfi'►''esXe, Address: ?-3 Y© S 0 eep )e.4 -City/State/Zip: Og 13e�,v er�, Phone: 5b 3-6 tf q _35,1." GENERAL CONTRACTOR'S REFERENCES PROJECT NAME.: RIVERBEND GOLF COURSE RE-MODEL If you have not worked for the City of Kent in the past three -years: Please provide three references for work performed similar in size and scope to-the Riverbend Golf Course Re-Model Project. At least two of the references should be from a public agency. Zlth �23 Agency Name p,p, 136 x- $ , fir!i&512L43, ON 1790- Address, city, state, zip 511 970 63�3 Phone fild,V 6 r P1LC66Le k)e4A e4-4-,l( Contact Marne i 3Nrk Cv e e L Q 4 Owrse Name of Project "9 c;Za6 3 Amount of Contract'(approx.) and Year CheKa14w Pkle- 4. Re cracb&r, bi3-t, Agency Name 1 a5 S. 0/114 4 90.4 , Address, city, state, zip 50 3--5-/J- 15L( Phone O�sf:�j CraeA�4c�,„ Contact Name -Cke.k,6Se,m Gee e,n, Cp li Cmtg-.5e Name of Project , Jq, 5fp 3,owa 4-D© .Amount of Contract (approx.) and Year , enc A -Name ,—, � Y 1950 ��w+ s��� `�iy�� &rva.W( , 6f21'7333 Address, city, state, zip 5L1/ 4(61-- 5'�4 1 Phone D6(L2,1"e,r f Contact Name Cr uall l i 5 Name of Project c�06 Amount of Contract (approx.) and Year Note: This form must be.included with-yourbid. a I have worked for the City of Kent in 2004,2. 005, 2006 or 2007. Marne of Project: .1G.ENERAI_:C0N,TRAC.TOWS QUALIFICATION STATEMENT ALL BIDDERS MUST COMPLETE THIS STATEMENT AND INCLUDE W1TJ+BID. I THIS*DOCUMENT HAS IMPORTANT-LEGAL-:CONSEQUENCES.' CONSULTATION-WITH-AN AT, M, R,NP-Y IS 3EWOURAOM WITH RESPECT TO ITS COMPLIETION 011:1011001FIGATION. The Ofty will use.information offered by the Bidder In -this Statornont es .a:significant factor:in deternfining wheth er.'the Bidder isrespondithle..:aryd able to perform the:contract-work. The Understgned-certifies under-oath that the information.provided,herein is true-and-suffi-cien,tly complete so-asoot4o be afidleading. SUBMITTED BY: Darryl J- Bernhardt •president NAME, Bernhardt Golf, a division of B§=ha-xid t-Industries Inc. ADDRESS: 7340 SW Miller Hill Road Beaverton, OR 97007 -PRINCiPAL-OFFIC.F: 7340 SW Miller Hill Road Beaverton,,OR 97007 A. Contractor-Qualffitation Requiremattts Change to read ','This project calls for the remodel of part or all OF 8 holes If the Riverbend Golf Course. in order to be qualified to bid on this project the City shall require the following qualification of bidders: * The bidder will accomplish this work using a minimum of 50% his/her forces. * The bidder shall have constructed a minimum of 36 holes in the past eight (8) years .1. ORGANIZATION 1.1 How marly years has your-o(garftAffon-been In business as'a Contractor? 49 ypars- 1.2 How -marry years -has your organization been in business .under Its present business na-me? 34 years- 1.2.1 -Under whatother or-former narnes basyour-,opganization operated? none 13 If your organization Js a-c.elporation,:answer the following: 1.3.1 iDate-of incorporation. 8-28-74 132 State:of incorporation: Oregon 11.33 Praetdenfs-name7 Darryl T. Bernhardt 1.3A Vice-predidentls name(s): Georgene L. Bernhardt 12S Secretary's name: Georgene L. Bernhardt 1.2.6 'Treosurees name: Georgene L. Bernhardt 1.4 If your organization is a partnership, answer the following: N/A t 1.4.1 Date of organization: 11A.2 Type of-partnership (If-applicoble): 1.4.3 Name(s) of-general partner(s): 1.6 if your organization is individually-owned,,answerthefollowing: N/A 1.5.1 :Date-of-organization: 1.5.2 Name.of owner: IX 'If the form •of your organization is other than those listed •above, .describe it-and name the principals: N/A 2. LICENSING 2.1 List jurisdictions and trade.categories In-which your•organization is;legallyqualified to do-business, and indicate license tnun burs,if�•plicable. Assoc. General Contract#14 Construction Contr. Board #163295 Landsc ppe Contr. Lic#5189/�a State Contract#BERNHGD108RT Idaho CpgJtrFjctors/B d RCE-14598/ Waspington S ate I 600376472- i . 2.2 List-jurisdictions on in wMchd your orgaoization s.partnership-or trrdde name is fifed. i8s 3. EXPERIENCE 3.1 List the categories of work that your-organization normally performs with its own forces. All except asphalt placement 3.2 Claims and :Suits. (If the answer to .any of-the questions below is 'yes, please attach details.) 3.2.1 Has you,rorganization,aver failed to complete any work awarded to it? No :3.2.2 Are there zany judgments, claims,arbitration proceedings-or suits;pending or outstanding,against your.or[ts-officers? No 3.2:3 Has your -organization filed -any law suits or requested arbitration With to construction contracts Within the last five years' No 3.3 Within the last`five years, has -any officer or principal :of your organization :ever been ;an •officer ,or;principal of another organization when it:failed to complete a .construction contract? (If-the answer<is .yes,,please-.attach-details:) No 3.4 On a separate sheet, list major construction .prpjects .your :organization has in j progress,giving--the-name of projeot, owner., architect-or Aesign :engineer, contract amount,-percent complete.and-schedu'led completion.elate. 3.4.1 State total-worth of wufk 1n progress and•under contract: $1,040,000.00 3.6 On a separate theet,fist the major:projects your-organization:has completed in the .past five years., :�glving .the narne of<project, owner, architect or design engineer, contract -amount, idate of -completion -and .percentage of the cost of the work performed-with'your own forces. 3.6.1 State average annual ,amount of construction work performed during the ;past five dears: $3,340,000.00 zO W O p '" 01 D3 a a V to N O W to A .i �_ d c n o a � _ o a o Z o a P n V) o - � 3w M 00 CD (ON mob-° rn 4A E» n O � a 3 m d w0 OR 3. 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V F W m rnw (D CD N) acu o(DMR al -T CD � D tCO ID .7•' Cr V Q p C N O 4 g w � o m o OD ..a 'r0OD v co Z to 0 0 0 c r' N 0to O O 0 0 O O O D CD X 4 . 3.4 On a separate sheet,list-the construction-experience•sand;presont commitments of the-key individuals df,Yo urorgarilzation. .3.7 . On:a-separate;sheet,list your-melor-egW ant. 4. REFERENCES Fazio Bros Sand Co Inc. Vancouver WA 360-693-4216 4.1 TradeReferences;rarr Inc. Portland OR 503-288-5294 H.D. Fowler Bellevue WA 425-746-8400 4.2 Bank References:Key Bank of Oregon 1211 SW 5th Ave Suite 560 Portland OR 97204 4.3 lure Ann Marie Coghill 503-790-7633 acct #370061002744 Travelers Casualty & Surety Co. of America 4.3.1 -Nate of bonding coMpany:Travelers Casualty and Surety Co. of America 4.3.2 Name•an add ress Qf agent: Leonard Adams Ins. Co Joe Riter 5201 SW Westgate Dr Suite 300 5• FINANCING Portland, OR 97221 503-296-0077 6.1 Financial Statement. After bid opening, the Oity tx dy require tfaeIollowing'finandial information from any of the three apparent tow bidders. If to required, -the Wected bidders) must respond with-this financial.information within 24 hours-of:tho Citys request for that information. *file Oity's:request for this.information slxall -not be construed .as an award oras an intent-to award the.contract. A:bidder's failure.or refusal to provide this.information may result•in rejection of:that bidder's bid. 6.1.1 Mach a -financial -statement, preferabiy -audiled, including your organizedion`.s -latest balance sheet and -income statement showing the followilag items: Current :Assets (e,g., <cash, joint venture -afi punts, -accounts reoelvable, motes receivable, accrued .income, deposits, matedals inventory and ,prepaid:expenses); -Net faxed Assets; Other Assets; Current Liabilities (a;g., .accounts payable, trdte.s payable, accrued expenses, provision for income taxes, :advanc os, swxued salaries and accrued payroll taxes); -Other Liabilities �e;g., capital, capital stock, zuthofted .and outstanding g shares par values,•earned-surplus and retained earnings). Bernhardt Golf Item 3.6 A Dirision of Bernhardt Ind.,Inc. 7340 S.W.Miller HIII Road Beaverton,OR 97007.5459 Project Team-Key Personnel Leonard Bernhardt started his landscape business in 1957. He built a successful and highly respected company through high quality, expedient work and satisfied customers. As a"hands-on"founder of the company,his qualifications are endless. Over the years he has passed his knowledge on to his son(Darryl Bernhardt) and his crew. He remains active on the job,operating equipment along with aiding in overseeing quality control and time management. Darryl Bernhardt has been with Bernhardt Industries, Inc. for 26 years. He grew up in the family business. The last 23 years of Darryl's career have centered around golf 1 course remodel and construction projects. With his prior experience of landscape construction and maintenance practices, his knowledge of drainage solutions, along with his skill with equipment operation and project management,he has developed a specialty of working with the golf course designers and owners to create quality golf course irrigation systems. Kevin Brown Our Company's fall service approach to golf course work has given Kevin experience in all areas of our work. Kevin operates all Bernhardt Golf equipment, supporting all phases of the project. Kevin works directly with Darryl Bernhardt on the job. He is qualified to perform all phases of construction and irrigation. Robert (Bob)Short has been with Bernhardt Golf for 14 years. Prior to his employment here, Bob worked at Colewood Golf Course and Meriwether Golf Course. He was superintendent of Meriwether overseeing the golf course construction. Bob adds a unique perspective to our job view. As a former golf course superintendent, he approaches situations by looking at them from his roots of maintaining the finished product. Bob works directly with Darryl Bernhardt on the job. He is qualified to perform all phases of construction and irrigation. Jeremy Short and Andrew Vidourek are a dedicated employee's who are qualified to operate all of our machinery. They are team player's who will support all phases of this project. Bernhardt Golf a division of Bernhardt Industries Inc. 7340 SW Miller Hill Road Beaverton, OR 97007-5459 Item 3.7 (503)649-3535 EQUIPMENT LIST Ford '/z ton Pickup Ford %z ton Pickup Ford %:ton Pickup Ford %z ton Pickup Ford %a ton Pickup Ford %a ton Pickup Ford %:ton Pickup Ford 5 yard Flat Bed Dump Truck Ford 10 yard Flat Bed Dump Truck Kenworth 12 yard Flat Bed Dump Truck Caterpillar D-5 LGP Dozer with 6 Way Blade and Rippers _ Caterpillar D-5 LGP Dozer with 6 Way Blade and Rippers John Deere 444E 3 yard Articulated Loader John Deere Gator Utility Vehicle John Deere Gator Utility Vehicle John Deere Gator Utility Vehicle John Deere Gator Utility Vehicle Polaris Utility Vehicle Ingersoll-Rand 17000#Smooth Drum Static Roller Kamotsu PC-60-6 Excavator Kobelco SO-CS Excavator Ditch Witch 2310 Trencher with Laser Guided Boom Ditch Witch 4500 Pipe Plow,Backhoe,Trencher Combo Ditch Witch 3700 Trencher with Laser Guided Boom Case %:yard Articulated Loader John Deere 3 yard Articulated Loader Massey Ferguson 135 Tractor with Front loader Massey Ferguson 265 Tractor with Land Leveler Massey Ferguson 40-B Backhoe Massey Ferguson 360 Tractor with Box Scraper Massey Ferguson 360 Tractor with Box Scraper Massey Ferguson 360 Tractor with Box Scraper Massey Ferguson 360 Tractor with Box Scraper Massey Ferguson 398 Tractor with Box Scraper Kubota L 3710 Hydrostatic Tractor with Loader and Laser Guided one pass Trencher/Conveyer clean up arrangement Kubota R-420S 1 yard Articulated Loader Kubota R-420S 1 yard Articulated Loader International Cub Cadet Finish Tractor International Cub Cadet Finish Tractor International Cub Cadet Finish Tractor Jacobson 5 Gang Mower Ford Taurus X Trailer Fuel Trailer 20' 18,000#GVWR Trailer 24'20,000#GVWR Trailer 24'24,000#GVWR Trailer Wells Cargo Construction Trailer Wells Cargo Construction Trailer Wells Cargo Construction Container 8'x 24'Job Site Storage Attachments for tractors: Seeders,spreaders,rock rakes,sprayers,mowers, land levelers,tillers,discs,plows and augers. 1,006 Square Feet Office Space/14,000 Square Feet Shops and Warehouse all located on an 8.5 acre site in Beaverton, Oregon. All equipment is owned and in excellent condition;no equipment is financed or leased 5.1.2 Name and address of farm preparing attadhed financial statements and date i thereof: 6.1.3 Is-the attadtred'financial statement for the identical organization named on page.one, Saptipn ane? 5.1:4 If.not,-explain the relationship.and financial responsibility o'f the:organization .whose financial�$taternent is., mvided (e.g,;parent=subsidiary): 5.2 Will the organization wh ase financial staterrrerit is attached act as guarantor:of the .contract.for construction G. SIGNATURE 5.1 'Dated at-this_ 22nd day of August , 2.008. Name aof'1Drganizetion: Bernhardt Golf a division of Bernhardt Industries, Inc. ;By. 1 Title: President 6.2 Darryl J'. Bernhardt being duly .sworn; deposes and gays that the information provided herein is true and -sufficiently complete so :as -not -to be misleading. I .Subscribed:and-sworn before,me this 22nday.. f August , 2008. notary yPublic: / �� 6003%MG0130 S3141dX3 NOISSINN00 AN OCMO'ON NOISS1A!NOO ,... ti My Commission Expires: 10-9-09 NoJ3ao.onend AbaloN Sli3DOWO-113NUVO Was 1t/101:4d0 �`r j STATEMENT OF QUALIFICATIONS The-City"in determining the lowest qualified and responsible .Bidder will consider the Statement of Qualifications, which Is'fisted below. The undersigned submits below.a statement of work of similar scope 'and character to the work,being considered under thisproposal satisfactorily and successfully completed within the past eight years. Please include the date, the work that was performed and,the contact name. A. GENERAL-CONTRACTOR 1. GENERAL'C.ONTRACTOR-36 Holes Minimum: JOB CONTACT DATE (Name, Address, & Phone) LT6h Ne e,( Kew ne"Nk, Aa�.�& 5pq-7a-6/61. AD-3 0 S•feve Owe 90®3 2. FOREMAN RESPONSIBLE FOP,CONSTRUCTION'OF TWIS-PROJECT: .36 Holes Minimum: Name of Foreman: + JOB CONTACT DATE (Name, Address, & Phone) C l"ItV,ereete-(50 cGux-�e -J-2u eI 14gdnew- WA "r,579 4 16 t .14r,-3 -il [`s o C cz 1-h c earl ^4,t 1 i s o l-ga f- b 0 /ka-a'�, 4te Go[f'Cdc J-,9, &n,z, a n&D(4.ild- ok 6-0-3 7v 17 LYiY .100/G Wisherfood¢(.ixL -5+eVr- SA4e wA aaC47,2-271.2 26403 B. SUBCONTRACTORS If Subcontractors are used, Contractor agrees,if-awarded this contract that.only the following Subcontractors will be used, and-further agrees: a) That the total of all.subcontractor work shall,notbe,more than fifty --percent-(60%) of the'total project as determined-by.the total value of the subcontractor work to the total value,of the Contract and, b) That subcontractors may not be changed,or added without prior written consent of the.City. C. IRRIGATION CONTRACTOR-36 Holes Minimum: dw rv(%rce3 dL:Z ' JOB CONTACT DATE Name,Address, & Phone-) ��,��c I�������C�� �A.f� r e l��n 0��,��• ere 5v3-�! -�/,�y �- (!oryca is bcz.�0-14 63L'L ct, oR ,�.1-*1-SX/ o�-gvL _hKaoschea& 64FCdu IT'i)= 14fixi© Mdaa14 l ©K ou Fp!4e'r . D. FINE GRADING-CONTRACTOR-4-5 GreensMinimum: own -CoCce5 JOB CONTACT DATE (Name,-Address,Phone) l ukeflyYi9 0, -r`eti f1��,Aeog; 'OR 5o3 Slg-�15� AglAeA , _k.6ftnouM► 1 dwA SA-1-59A-ewa c9663 kr nWhc-Gd-f lam, ZT'nl C Itriz-i-o i3'1-- 1i511 a/Z 563-7©q -,3gf 61a4 E. OTHER: .SUBCONTRACTORS TYPE,OF WORK 1 MAJOR SUBCONTRACTOR LIST List each subcontractor, as indicated below, that shall _perform-subcontractwork on -the-project in compliance with RCVS/ 39.30.D60., -Bids on public works—Wheh Stibcontr-aetors must be identified. This form must be submitted to the Owner -within one (1) -hour -of the .bid opening for the three apparent low.bidders.Failure-of-the bidder-to submit as part-of the bid the names of such-,subcontractors or to name itself to perform such work-er the naming of two or, more subcontractors to ;perform the ;same work -shall 'render the .bidder's bid non-responsive and, therefore, void. The requirement of this section -to-name the bidder's;proposed ,plumbing, and electrical subcontractors applies only:to proposed .plumbirg and electrical .subcontractors who will contract directly with the general contractor submitting thebid to the-public;eritity. PROJECT NAME: RIVERBEND GOLF=COURSE RE-MODEL `. CONTRACTOR'S SIGNATURE /p,r e �II /I' Plumbing as described in Chapter '18.106� Y! CW Subcontractor Name ��� Item Numbers Subcontractor Name Item Numbers Electrical as described'in Chapter 19.28-RCW Subcontractor Name e!M Elecb,,ie- LLC, ublAlo, Item Numbers 1W /3/to - Subcontractor Name Item-Numbers Subcontractor Name Item Numbers BID BOND FORM Herewith find deposited to the City of Kent in the form of a cashiers check, cash, or bid bond in the amount of$ -an amount equal to five percent of the total bid. BID BOND KNOW ALL PERSONS BY THESE PRESENTS: That we BERNHARDT INDUSTRIES, INC DBA: BERNHARDT GOLF, as Principal, and CITY OF KENT, as Obligee, in the penal sum of FIVE PERCENT OF TOTAL BID, FOR THE PAYMENT OF WHICH THE Principal and the Surety bond themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,by these presents. The condition of this obligation is such that if the Obligee shall make an award to the g g Y Principal for Riverbend Golf Course Re-Model. Accordingto the terms of the proposal or bid made b the Principal, and the Principal p P Y P � P shall duly make and enter into the contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall in case of failure so to do,pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS 19m DAY OF AUGUST, 2008. PRINCIPAL: BERNHARDT INDUSTRIES, INC. DBA: BERNHARDT GOLF By: Its: 7 m 1 id ei SURETY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By: --- Its: Judy ce. torney in Fact j t WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER POWER OF ATTORNEY TRAVELERS�J Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 219500 Certificate No. 002147848 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Brian Dooney,Judy Price,Joseph P.Riter,and Sean Dooney of the City of Portland State of Oregon ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Co m anies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 16th day of JanuaryL008 Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company �,,su� c3' � $1YiEiy {lPe6 N �N asu �naVc �ytY S87LL,3° --! �bl Aar • 7 1d�' Ny. State of Connecticut By: City of Hartford ss. Georg Thompson, jol .. President On this the 16th day of January 2008 before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �,TIRT In Witness Whereof,I hereunto set my hand and official seal. W�" My Commission expires the 30th day of June,2011. pq Marie C.Tetreault,Notary Public v 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER City of-Kent Combined Affidavit&Certification Form: Non Collusion, Anti-Trust, Minimum Wage.(Non Federal Aid) and:Certification of Lawful Employment NON-COLLUSION AfFIDAVIT Beingfirst -dul -sworn .the undersigned deposes and says, that the -are :the identical person Y � g p Y � Y who submitted the foregoing ,proposal or bid, and that such bid is genuine and not sham or collusive or made In the.interest-or on behalf of-any person not therein:named, and further, that the deponent has not directly induced or solicited any other bidder on the foregoing work or 1 equipment,to-put.in.a sham bid, or.any other person or corporation to refrain from bidding, ,and that deponent has not in any•manner sought bytcollusion to secure to himself/herself or to any other person.:anyadvantage over:other bidder or bidders. AND CERTIFICATION-RE:.ASSIGNMENT,OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser tecognize that in actual economic practice overcharges tesulting from anti trust violations are in fact usually borne -by -the purchaser. Therefore, vendor hereby assigns -to purchaser any and all claims for such overcharges as to goods and .materials .purchased in connection with'this order or contract, except as to overcharges resulting from anti trust violations commencing after.the date-of the:bid, quotation, or other event establishing the price under this order -.or -contract. In addition, -vendor warrants :and represents that each of herlhis.suppliers and subcontractors-shall-assign-any and all such claims to..purchaser, subject to the aforementioned exception. AND MINIMUM-WAG-EAFFIDAVIT FORM 1, the undersigned,:having been dulysworn, dapose, say and certify that:in connection with the performance of -the -work of ,this project, I will pay each classification of 'laborer, worker, or mechanic employed in the-performance of such work not less than the,prevailing rate-of-wage or not less than the minimum:rate of wage as specified in the principal contract; that-i have read the above.and foregoing statement and certificate, and that I know the contents thereof and the substance as set forth therein is true to my knowledge and belief. , AND CERTIFICATION OF LAWFUL EMPLOYMENT The Contractor hereby certifies that he/she has complied with all -provisions of the Immigration and Nationality Act, -now or as hereafter amended, -8 USC Section 11-01 -et. ,sect., .and that all employees, including -subcontractor employees, -are -lawfully ;permitted -to perform work in the United States as provided in this agreement with the.City of Kent. FOR: NON COLLUSION AFFIDAVIT, ASSIGNMENT0F ANTI=TRUST-CLAIMS TO PURCHASER, MINIMUM WAGE AFFIDAVIT AND CERTIFICATION OF LAWFUL -MPLOYMENT NAME OF PROJECT RIVERBEND•bOLF COURSE RE-MODEL NAME OF BIDDER'S FIRM 81-GNATURE• '.AUTH.dR.i,-ZE—I)!R,EPRESENTATIVE OF BIDDER (Nobarization Required) [CORPORATFJPARTNERSHIP ACKNOWLEDGMENT] .8- TATEOF OREGOV COUNTY OF W,4 50%-rav) I 'certify that .1 -,know or have satisfactory evidence that is -the person Who appeared .beifore -me, and taid petson acknawledged that e signed this instrument on oath -stated thath-elsbe was authorized to execute the instru ment, and acknowledged it as the, Pfe &i 4 co,t . of the Partnership/Corporation to be the'free and -voluntary act of such Partnership/Corporation for 'the uses and purposes mentioned in the instrument. DATED: N OTARYPUBLLC in--and for-th e State.of 0RE6 oN , residing at I`11t�CbcNy Qom. My-commission expires 10-9 -09 OFFICIAL SEAL DARNELL C.ADGER$ NOTARY PUBLIC-OREGON COMMISSION NO.396430 MY COMMISSION EXPIRES OCTOBER 9,2009 SIGNATURE OFAftI-IORIZED REPRESENTATIVE OF BiaDER (Notarization Required) [INDIVIDUAL ACKNOWLEDGMENT] 0PE Al STATE�OF 8 ) ) ss. COUNTY OF%A1451f1tf6-r&V) I certify that 1 know or have satisfaotory evidence that D is the=person who oppeared before me, and said person -acknowledged that helshe signed this instrument, .tan loath.stated :that he/she was authorized to execute the instru ent, and.acknowledged it:#o be t risiher--ee and voluntary. act for1lie uses and purposes mentioned to the-instrument. :DATED: �-aa-og NOTARY PUBLIC in and forthe State of OREG01/ , residing-at My cornmission=expir7es 10 -'I—D J OFFICIAL SEAL DAPNELI.C. ADGERS NOTARY PUB,-!C-OREGON ION NO.396430 MY COMMISSION EXPOrif-S OCTOBER 9,2009 1 DECLARATION CITY OF KENTEQUAL 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 contract shall comply with the.regulations of the City's Equal Employment-Opportunity.policies. The following questions specifically identify'the requirements the City deems-necessary for-any contractor, tsubcontractor .or -supplier on this specific contract to adhere to. An affirmative response is required-on>all of the following questions for this contraot to'be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents them.mselves with regard to the directives outlined, it will be :considered a breach ;of .contract and it will be of the City's sole determination .regarding suspension or termination forall or part,of the contract. The questions areas follows: 1. I have read the attached City of Kent Administrative Policy Number 1.2. 2. During the time of this contract.I will not:discriminate in .employment on the-basis of sex, race, color, ,national origin, age, or the presence of any sensory, mental or ,physical disability. 3. During the time of this.contract 1, the prime contractor,, will provide a written statement to all new-employees and subcontractors .indicating commitment as an equal opportunity employer. 4. During the time of the contract 1,the prime contractor, will actively•consider the hiring and promoting of women and}minorities. 5. Before acceptance -of this :contract I, the prime -contractor, will sign an adherence statement that the requirements as heretofore outlined were complied with. By signing-below, I agree to fulfill the five requirements referenced-above. Dated this V0 day of A-Ke;u i;r 2008. By: I •per g r B�� •+- -Company: � �►-�QCatF ;✓�5��.�� �� �d•��Qfkush-r�s ��o Title: Irv"f 5eSe,,t CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: .MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BYJim White, Mayor POLICY: Equal employment opportunity requirements,for the City of Kent will--conform to federal-and state laws. All contractors, subcontractors, consultants and suppliers of the City must-guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to'$10,000•or more-within any given year, must take the following affirmative steps: I. Provide a•written staternent to all anew employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for,promdtion 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-tofederal, state and local laws,,polidies and guidelines. CITY,OF KENT 'CERTIFICATION OF.NONSEGREGATED FACILITIES The undersigned certifies that s%he does not maintain or ro id for g -provide e o her/his -employees any segregated facilities at-any of her/his establishments, and that s/he does not ;permit tier/his employees to perform their services-at any locations under ber/his control where segregated facilities are maintained. The undersigned certifies further that s/he will not maintain or-provide for her/his employees 'tfl -perform their services at -any .location under 'her/his -control where segregated facilities are maintained. The undersigned .agrees that a breach of this certification will be in violation of the Fqual Opportunity:Clause set forth in this contract. As used -in this certification, -the term "segregated :facilities" means -any waiting rooms, -work areas, restrooms and-washrooms, restaurants and.other eating areas,, time clocks, locker-rooms and other:storage-or dressing areas, parking lots, drinking fountains, recreation.or entertainment areas, transportation and ihousin_q facilities provided for -employees which are segregated by explicit directive, ,or are in fact segregated'on the basis or race, color,-religion, or national origin, because of habit,-local custom, or otherwise. , The undersigned agrees that -except where s/he -has -obtained identical :certifications from subcontractors prior to the award of subcontracts exceeding $10,000, which are .not .exempt from the .provisions of the Equal 'Opportunity Clause, that s/he will obtain identical certifications from subcontractors and that-s/he will.retain-such-certifications in her/his files. Signature: Title: L Company: 86M hdWd--Gvl•�a diyisiarl Address: 73gO SW !K,Iter (-hl( 9x%,LR City/State/Zip �Date: $ °� PROPOSAL SIGNATURE PAGE The undersigned bidder hereby proposes and agrees to start construction work on the Contract, tif awarded to him or her, on or before ten (10) calendar days from the date of issuance of the Notice to Proceed, and further agrees to complete the Contract within approximately two months ' (60 days) days after issuance of the City's Notice to Proceed. iNo bidder may withdraw her/his bid for a period of sixty 60 days after the day of bid opening. The required bid security consisting of cash, bid bond, or cashier's check in an amount equal to 5% of the total amount is included. Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. Receipt of Addendum No.'s to the plans and/or specifications is hereby acknowledged. By signing this proposal Signature Page, the undersigned bidder agrees to be bound by all terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. NAME OF BIDDER: C1�h�i�t� �6o�{ t(�+yl's�ai�af' t�r�,�•6iazfcFCccs�iie3. c Construction Company Signature: { Date: Printed Name: - (r5icQ�-�� �' 1 Title: ' Address: `7.3 N d M,�jer �+l( I24.aj Phone: REPORTS FROM STANDING COMMITTEES AND STAFF ' A. COUNCIL PRESIDENT ' B. MAYOR C. OPERATIONS COMMITTEE i D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 1 F. PUBLIC SAFETY COMMITTEE i ' G. PUBLIC WORKS H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES 1 1 KENT ' W A S N I N O T O N OPERATIONS COMMITTEE MINUTES ' AUGUST 5, 2008 1 Committee Members Present: Ron Harmon, Tim Clark, and Les Thomas The meeting was called to order by Tim Clark at 4:04 p.m. r1. APPROVAL OF MINUTES DA D JULY 15 2008 Thomas moved to approve the minutes of the July 15, 2008, Operation Committee meeting. Harmon seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED JULY 15, 2008 AND JULY 31 2008 ' Finance Director Bob Nachlinger presented the vouchers for July 15, 2008, and July 31, 2008 for approval. Thomas moved to approve the vouchers dated July 15, 2008 and July 31, 2008. Harmon seconded the motion, which passed 3-0. 3. APPROVAL OF THE ISSUANCE OF $24 MILLION IN LTGO BONDS ' Finance Director Bob Nachlinger presented the memo for approval of the issuance of $24 million in LTGO bonds. Nachlinger advised that the City's authorized 2008 budget contains the plan to issue $20 million in LTGO debt for the East Hill Shops, the ' Technology Plan and Downtown Sidewalks. Other projects have surfaced and need funding during this year. Nachlinger noted that in an effort to be conservative in the amount of the total increase requested, a reduction was made to the original request amounts needed for the next two years on the planned projects. The completion of the Events Center and the required renovations to the Municipal Court, with the reduction in the existing projects result in a request for the $24 million. Concerns were raised regarding the need of additional funding of capital projects. Chief Administrative Officer John Hodgson noted that the Long Term Capital 20 Year Plan will be presented at the August 19, 2008 City Council Workshop. Deputy Public Works Director Tim Laporte 1 addressed Levee replacement concerns. The City is working funding issues with Lobbyist. Questions were raised regarding certification from FEMA and whether it requires a 100% replacement, or if the project can be split into 2 segments over the ' next 10 years. Nachlinger further advised that the 2008 budget impact of these bonds will result in interest payments of approximately $330,000. The total cost of these bonds over their 18 year life is anticipated to be $36.97 million, consisting of the $24 million in principal and $12.97 million in interest. Questions were raised by the 2 , Operations Committee Minutes August 5, 2008 Page: 2 committee which both Nachlinger and Hodgson responded to. Clark opposed and stated that he feels we are putting the cart before the horse in terms of reaching back on the Kent Events Center and going beyond the contingency funding to basically try and deal with some of the issues. Clark also noted that he has a problem with the uncertainty of some of the other capital needs we have. Another issue is the uncertainty in terms of the funding of the levee. Harmon stated it is imperative that we go ahead and finish the Kent Events Center and that we finish it in a first class manner to be able to go ahead and derive the maximum amount of revenue for our investment, so he supports the motion. Thomas moved to recommend that the City Council authorize the issuance of $24 million in Limited Tax General Obligation Bonds. Harmon seconded the motion, which passed 2-1. Clark opposed. 4. CONSOLIDATING BUDGET ADJUSTMENT ORDINANCE FOR ADJUSTMENTS ' BETWEEN JANUARY 1, 2008 AND JUNE 30, 2008 Finance Director Bob Nachlinger presented the Consolidating Budget Adjustment ' Ordinance for Adjustments Between January 1, 2008 and June 30, 2008. Nachlinger advised that authorization is requested to approve the technical gross budget , adjustment ordinance totaling $12,213,824 for budget adjustments made between January 1, 2008 and June 30, 2008. The net amount, excluding transfers and internal service charges, is $12,143,324. Please note that $11,236,463 was previously approved , by Council. These were primarily for projects. The revenues budget will increase by $12,428,970 or $215,146 more than the adjustment to the expenditure budget. The budget impact is $977,361. The net amount of $977,361 not yet approved by Council, , is for the allocation of dedicated revenues and authorizing expenditures. The most significant change is $250,000 for increased fuel costs. Questions were raised by the Committee which Nachlinger responded to. ' Thomas moved to recommend Council approve the consolidating budget adjustment ordinance for adjustments made between January 1, 2008 and June 30, 2008 totaling $12,213,824. Harmon seconded the motion, which passed 3-0. 4. 2&D- QUARTER 2008 FINANCIAL SUMMARY ' Finance Director Robert Nachlinger presented a brief review of the 2nd Quarter 2008 , Financial Summary Report for informational purposes only. The meetingadjourned at 4:47 .m. ' J p r3 1 Operations Committee Minutes August 5, 2008 Page: 3 1 Nancy Cla Operation Committee cretary 1 r 1 1 r 1 r 1 r r r 1 r 1 Page 1 1 City of Kent KENT Parks and Human Services Committee Meeting 1 WASHINOTON Minutes of 3uly 17, 2008 Call to Order: Debbie Ranniger called the meeting to order at 5:04 p.m. Council Present: Chair Debbie Ranniger, Elizabeth Albertson. New Councilmember Jamie Danielson was welcomed. Item #1 Meeting Minutes Dated June 19, 2008 Elizabeth Albertson moved to approve the minutes of June 19, 2008. Jamie Danielson seconded and the motion passed 3-0. Item #2 Park Impact Fees - Informational John Hodgson, CAO attended the meeting to encourage the Committee to look at the possibility of park impact fees as they consider traffic impact fees, recently introduced at the Public Works Committee. Jeff Watling, Director of Parks, Recreation and Community Services provided information on impact fees. The Growth Management Act and RCW 82.02 are mechanisms for government bodies to introduce impact fees. Impact fees are a one-time flat rate payment. They need to be a fair share and proportional to what the impact of development. They cannot be used as a revenue tool to pay for deficits. Government bodies chose to go with impact fees because it's revenue for public facilities, growth pays a portion of growth cost, and public facilities keep up 1 with growth. Fees are calculated at the time of building permit issuance. They can only be charged for residential development, not commercial. The city would need to conduct a rate study and be very clear in stating what our level of service would be. The traditional method take acres per one thousands. A more current look would be as an investment per capita. This approach looks at the city's measurement of the current value attached to the parks system, As explained in Exhibit B "Example of Investment Per Capita," a detailed sheet on what the level of service value is per person in Kent, based on the current population. Committee members asked for further clarification on regulations and distribution of fee-in-lieu and impact fees. Per Ordinance 2975, developers are charged fees as an alternative to donating land. The funds are used to create parks in proximity to the development and the fee is based on assessed land value. The city can ask for ' cash or land. If the developer chooses the fee-in-lieu term, funds can go toward a community park, neighborhood park, or trail. Developers tend to pay the fees instead of giving up land. Impact fees would be utilized at a broader level, toward the entire park system. They can be used as a mechanism to require pocket parks. The impact fee would replace fee-in-lieu of charges. Assessment would be per dwelling, ending up with a 1 Page 2 single family residential fee and a multi family residential fee. At that time, the , Committee reviewed Attachment A "Impact Fees Single Family Residence," a chart summarizing school, traffic, parks, and fire impact fees from local cities. , Debbie Ranniger voiced her concern of the affect fees may have on residents and house sales. John Hodgson responded that staff will continue to share issues , pertaining to growth and fees with Council at committee meetings and Administration staff will return for recommendation at a future Council meeting. Item #3 2008 Second Quarter Fee-in-Lieu Funds — Accept and Amend Budget Lori Flemm, Superintendent of Parks and Open Spaces reported that between April and June 2008, the City of Kent received a total of $28,417.00 from three developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in three subdivisions: • Seven Oaks Park Budget: $6,975.00 from Mental Health Housing Foundation • Wilson Playfields Park Budget: $10,042.00 from HS Homes & Development, Inc. , • Turnkey Park Budget: $11,400.00 from Main Street Builders, LLC. Ordinance 2975 requires developers to dedicate park and open space land in , proximity to new construction sites or to pay "fee-in-lieu" funds. The fee is based on assessed land values. Elizabeth Albertson moved to recommend Council accept the $28,417.00 for fee-in- , lieu funds for the second quarter of 2008, and approve the expenditure of funds in the Seven Oaks Park, Wilson Playfields Acquisition and Development, and Turnkey Park budgets. Jamie Danielson seconded and the motion passed 3-0. Item #4 Kent Code Revision to Support the New Boat Launch Fee at Lake Meridian- AdoRt Lori Flemm, Superintendent of Parks and Open Spaces described the proposed launch fee program including amounts and method of collection -- recommending that all revenue generated by the launch fee program be deposited into a dedicated boating facility budget. The $5.00 daily pass and/or $50.00 annual pass will pay to operate, maintain, improve and enforce boating activities and facilities within the city; as well as, to acquire land to expand boating facilities, purchase replacement equipment and supplies, and recover the cost to collect boat launch fees within the city. The creation of the launch fee would also cover some minor housekeeping changes within the code including infraction penalty amounts, swimming restrictions, and clarification of speed limits. Lori confirmed that funding allocations in the Ordinance were expanded to include "aquatic resources," directed toward water quality, fish habitat, milfoil removal, etc. Funds generated from the boat launch fee will be managed by the Finance Department. ! Jamie Danielson moved to recommend Council adopt the proposed ordinance Parks and Human Services Committee Page 2 ' Minutes of July 17, 2008 Page 3 amending the city code to establish a boat launch fee at Lake Meridian Park, to establish a boating facility fund for the launch proceeds, and to make minor ■ housekeeping amendments, subject to final terms and conditions acceptable to the City Attorney. Elizabeth Albertson seconded and the motion passed 3-0. j Item #5 Amended Street Tree List — Approve The Approved Street Tree list was changed to be reviewed every four years instead of five, and to address trees that are posing problems to the infrastructure, 1 attracting pests, and prone to disease. City Council approved the last revisions on May 19, 2004. Lori Flemm informed the committee that the city's Street Tree Certified Arborist is recommending that the Approved Street Tree List be amended to include trees that are readily available in wholesale tree nurseries. Some of the street trees on the i approved list are unavailable and others do not thrive in this climate. Lori ! addressed Debbie Ranniger's concerns with certain species listed, and suggested using the Ash and Crabapple trees. Staff will also look into the Alaska Blue and the Start Magnolia in regard to bio Swale species. A binder of all city trees is located for viewing at the Parks Maintenance Shops. Elizabeth Albertson moved to recommend Council approve the amended street tree list to include tree species that are available on the wholesale market. Jamie Danielson seconded and the motion passed 3-0. Item #6 King County 4Culture 2008 Sustained Support Grant - Accept and Amend Buget Ronda Billerbeck, Manager of the Cultural Programs announced that 4Culture has awarded the Kent Arts Commission a $17,000.00 Sustained Support grant. The funding will support 2008 programs, including Spotlight Series performances, Kent Kids' Arts Day, Kent Summer Concert Series, and two Missoula Children's Theatre residencies. Ronda clarified that Kent is one of the top three cities funded for this grant. Jamie Danielson moved to recommend authorizing the Mayor to sign the agreement for the Sustained Support grant in the amount of $17,000.00 from 4Culture to support 2008 Kent Arts Commission programs and approve the expenditure of funds in the Kent Arts Commission budget. Elizabeth Albertson seconded and the motion passed 3-0. ' Item #7 Second Quarter Contributions Report - Informational Jeff Watling, Director of Parks, Recreation and Community Services gave a snapshot of the donations, materials, and supplies that the Parks Department receives with a value less than $5,000.00 and not required to go to Council for approval. The total cash amount for the second quarter of 2008, equaled $46,000.00. In-kind materials were just under $3,000.00. Jeff explained that funds are deposited through the department, as well as through the Kent Parks Foundation. ' Parks and Human Services Committee Page 3 Minutes of July 17, 2008 PUBLIC WORKS COMMITTEE MINUTES FOR MONDAY, AUGUST 04, 2008 Committee Members Present: Chair Deborah Ranniger and Committee Members Harmon and Raplee were present. The meeting was called to order at 5: p.m. ITEM 1 - Approval of the Minutes Dated July 21, 2008: Committee Member Harmon moved to approve the minutes of July 21, 2008. The motion was seconded by Raplee and passed 3-0. ITEM 2 -Vehicle and Equipment Surplus: Deputy Public Works Director, Tim LaPorte, introduced Ron Green, Fleet Manager for PW Operations. Green explained 1 that the list of vehicles and equipment comply with current replacement policy guidelines and that the vehicles and or equipment have been replaced. The equipment will be sold at auction or to smaller cities and agencies. Harmon moved to recommend Council authorize the Mayor, to authorize staff to appropriately dispose of 11 vehicles and miscellaneous obsolete equipment as described in this memorandum. The motion was seconded by Raplee and passed 3-0. ITEM 3 - Consultant Contract with Jason Eng. & Consulting/2008 Downtown Sidewalk Improvements: Tim LaPorte, Deputy Public Works Director explained that Public Works Engineering is requesting that a contract be entered into with Jason Engineering and Consulting for materials testing and inspection services for the 2008 Downtown Sidewalk Improvements Project. Laporte said that whatever we can't complete in 2008 we will carry over and complete in 2009. An aerial photo was shown of the project sites. Raplee moved to authorize the Mayor to sign a consultant contract in the amount of $87,525 between the City of Kent and Jason Engineering & ' Consultant Business, Inc., for the purpose of providing materials testing and inspection services related to the 2008 Downtown Sidewalk Improvements Project, subject to concurrence of the City of Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 4 -Amended and Restated Levee Easement Agreement: Mike Mactutis, Environmental Engineering Manager summarized that this amended and restated levee easement agreement is to amend the original easement agreement, recorded under King County Recording No20080513001810, to grant certain permanent and temporary easement rights at the golf course to the King County Flood Control Zone District so that agency can certify the right of way to the Army Corps of Engineers for restoration of the Narita and Meyers Golf Course Levees. Harmon asked if this project will affect revenues. Jeff Watling, Parks Director said the project will affect revenues and that King County has agreed to compensate the City the additional lost revenue anticipated as a result of this revised agreement. The levee restoration work is currently underway. Photo's where shown of the projects progress. ' Page 1 of 2 PUBLIC WORKS COMMITTEE MINUTES FOR MONDAY, AUGUST 04, 2008 Harmon moved to recommend to authorize the Mayor to execute the Amended and Restated Levee Easement Agreement, subject to concurrence of the City Attorney. The motion was seconded by Raplee and passed 3-0. ITEM 5/6 — Information Only/Water System Plan & Drainage Master Plan: Design Engineering Supervisor Chad Bieren gave a brief and informative PowerPoint presentation explaining where we are to date on the Water System Plan. He noted that the plan went to the Land Use and Planning Board last Monday and will come back to this committee for adoption on August 18, 2008, and then to the full Council on September 2. Environmental Engineer III, Beth Tan gave a very brief but informative PowerPoint presentation explaining where we are to date on the Drainage Master Plan. Tan noted that the plan went to the Land Use and Planning Board last Monday and it L was recommended to go on to the Planning and Economic Development Committee. The Drainage Master Plan will come back to this committee for adoption on August 18, 2008, and if adopted on to the full Council on September 2. 1 These items were presented for informational purposes only. No action was taken. Adiourned: The meeting was adjourned at 5:25 p.m. Cheryl Viseth, Public Works Committee Secretary Page 2 of 2 i CONTINUED COMMUNICATIONS A. 1 1 EXECUTIVE SESSION ' ACTION AFTER EXECUTIVE SESSION j 1 1 1 1 1 1 1