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City Council Meeting - Council - Agenda - 08/17/2010
L j CITY OF KENT '\ 4 City Council Meeting Agenda -,�: �:*•may�.. i August 17, 2010 Mayor Suzette Cooke � Jamie Perry,Council President t Councilmembers 1 Elizabeth Albertson Ron Harmon ;. •�-- w Dennis Higgins Deborah Ranniger 1 - Debbie Raplee �• a KENT _� � j4�4 WASXINGTON 1=' Les Thomas,y =� CITY CLERK H 1 as•wamns KENT CITY COUNCIL AGENDAS \111,47 KENT August 17, 2010 W.SHIHG,oN Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Envision Midway Gloria Gould-Wesson 40 minutes 2. Intergovernmental Issues Michelle Witham 10 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 1 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 1 C. PETCO and Kent Parks Foundation Presentation D. Americans with Disabilities Act Proclamation E. Public Safety Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - None C. King Conservation District Grant Agreement for EarthCorps Services - Authorize D. Fehr & Peers Contract Change Order - Authorize E. Transportation Impact Fee Ordinance Amendments and Resolution regarding Land Use Fees - Adopt (Continued) COUNCIL MEETING AGENDA CONTINUED F. Clark Springs Habitat Conservation Plan Contract Amendment - Authorize G. Hawley Road Levee Improvements Consultant Services Agreement - Authorize H. Horseshoe Bend Levee Improvement Contract Amendment No. 1 - Authorize I. 640 Zone Reservoir & Blue Boy Reservoir Seismic Retrofit Consultant Agreement - Authorize J. 640 Zone Water Reservoir Consultant Contract Amendment - Authorize K. Hansen Short Plat Bill of Sale - Accept L. Washington Traffic Safety Commission Target Zero Teams Grant - Accept M. Emergency Management Performance Grant Amendment - Accept N. Bureau of Justice Assistance, Edward Byrne Memorial Grant Award - Accept 7. OTHER BUSINESS A. Saar Pioneer Cemetery Historical Landmark Designation Resolution B. Solid Waste Utility Contract with Allied Waste C. ShoWare Marquee D. Council Procedures Resolution 8. BIDS A. 2010 Citywide Large Culvert Pipe Cleaning B. Blue Boy Reservoir Seismic Retrofit I9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11, EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.choosekent.com An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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E E ms Q m0 Q roU��y COUNCIL WORKSHOP 1) ENVISION MIDWAY i i2) INTERGOVERNMENTAL ISSUES i i 1 I i i i t i 1 t ' ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING SERVICES Fred N. Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Manager KENT Phone 253-856-5454 NASi.1"G-0N Fax- 253-856-6454 Address, 220 Fourth Avenue 5 Kent, WA 98032-5895 August 9, 2010 To: Mayor Suzette Cooke, Council President Jamie Perry and City Council Members From: Gloria Gould-Wessen, AICP, GIS Coordinator/Long Range Planner Subject: Envision Midway Update INTRODUCTION: Early in 2008, the Cities of Kent and Des Moines began a collaborative planning effort along Pacific Highway South, called Envision Midway, where Sound Transit plans to extend Link Light Rail service. The intent of Kent's effort is to enhance the City's ability to attract a light rail station in the vicinity of Highline Community College and position the City to capture economic growth in a competitive regional market. The subarea plan and implementation strategies establish the vision and lay the groundwork for achieving the above outcomes. Once adopted, the goals and policies of the Midway Subarea Plan (the Plan) guide future master plans (e.g., Transportation Master Plan, Park & Open Space Plan, Drainage Master Plan, Comprehensive Sewer Plan, as well as School, Water, and Sewer District Plans) ensuring a coordinated effort The Plan would be updated as needed to adapt to changing market conditions or Council goals. BACKGROUND: Envision Midway engaged the surrounding communities, selected stakeholders and developers, elected officials and staff. This public outreach is the backbone for the Midway Subarea Plan and implementation efforts. Staff continues to communicate with Sound Transit, Highline Community College, and METRO and has established a Working Group of South County cities along Pacific Highway South to coordinate efforts in anticipation of Sound Transit's 2011 Southern Expansion Station and Rail Alignment Environmental Study. It takes time to create the vision and it takes time to promote the vision, line up other master planning efforts and position the area as an attractive place to do business. The subarea plan and implementation strategies promote environmental sustainability, economic development and housing choices in Midway. Allowing higher density, stand alone uses, establishing design standards, creating a Planned Action Ordinance and identifying necessary infrastructure investments (e.g., improving 30th Ave South, building new roads, creating a regional stormwater detention facility, and new park and open space facilities) support the envisioned transit oriented development. The City's investment in infrastructure will help alleviate developer risk in a new Transit Oriented Community. The funding for the new infrastructure would be programmed through the Capital Improvement Program and other strategies, with the City capturing increased revenue through redevelopment and new business activities. The Midway Subarea Plan is encapsulated in Land Use Scenario 4.0 which identifies and defines land uses, a circulation framework, pedestrian and bike path framework, and an open space and stormwater framework. The following are the Plan's key strategies: 1. Midway Subarea Plan Land Use - Scenario 4.0 (see Attachment A); 2. Higher Density - Supports Link Light Rail, takes advantage of views and location; 3. Market Flexibility - Diversity of uses that can stand alone or be combined; 4. Pedestrian Friendly - Short blocks, slowed traffic and multimodal; 5. Sustainable - Regional storm detention, encourage LEED and renewable energy; and 6. Infrastructure - Improved and new roads, new stormwater detention and parks. The Midway Design Guidelines and regulatory changes support the Plan and contain the following key components: 1. New Transit Oriented Communities (TOC) - Reduce auto-oriented uses by restricting big box, drive-thru, and outdoor storage, and reducing parking requirements while allowing higher density and taller development with pedestrian orientation; 2. Expand Auto-Oriented Uses - Maintain commercial uses and allow light industrial and live/work residential uses; 3. Affordable Housing - Potential displacement of 180 mobile homes located in six parks is a concern addressed by the following phased approach: ■ No change to Zoning District MHP (Mobile Home Park) ■ Change Land Use Plan Map from MHP to TOC; and ■ Establish Affordable Housing Task Force by 2012 4. Building Heights - Minimum 2-stories and maximum 5-stories with avenues for reaching a maximum 200' (- 15-stories) through incentives; and 5. Pedestrian Friendly - Break-up large blocks using roads or pedestrian paths every 400', minimize surface parking, support structured parking, and create interesting street level design. At the August 17th workshop, staff will be available to answer questions and take comments ' to further refine the Plan. No action will be taken at this time. GGW/Ip S iPermrtlPfan\COMP PLAN_AMENDMENTS120071CPA-2007-4_MIDWAYiCity Councdi08171C WorkshopiMemodoC Eric Att A Midway Subarea Land Use Plan-Scenario 4 0 Att B Power Point Presentation CC. Ben Wolters E&CD Director Fred Satterstrom,AICP,Planning Director Charlene Anderson,AICP, Planning Manager Kim Adams-Pratt,Assistant City Attorney File r C8 17 10-Kent City-, Envision Midway-P x;. L a sa+ •t „ , j t4 Attachment A Yy, i¢j 3 k - i t 4 .i HFritlii'reContnrderilleyr `` `'^ � , ;« f � 1 1A link-is tltN I S;SftSl� _ # �.• " f + IMCufr �tCrxxrplrtir�t �YtJ rrltl pro tt{a +yam r " � d � � _ ' � I1�Iid��rra�� Subarea Plan Lard Use Scenario 4.11 0 1 X lln =' E , P . � 1 Tran 51#OI'ientE*dCCLmlilS.rrNty s s �X '� . - •,�� 1 a - High rnte�nsit'a transit suppc tivfe.--,4w d-use x �,^° ,^,: E g voth a residential fo<u,- StrAiSi pedestrian onealte-d with srrsail watkablebinfrks-High r, � _ quaint/de sign thi-oughvseo(Des ign ° ^ Guidelines.Paid and up-n sR e shared with regional storm detenti".htImimum 2 story to v_ r C a �� • 5-story height with a attaximurn 0'height >r (emit with mc+entv,aes Lowerparking ,kiirri regueiemertt P. scnyle€asthu9 herx,rndustria4 r or auto dependent 4ISCS. Kent Highlands- Mixed Use p , stnan and r�utir-ac�arrist�datirag f I' —" r-•-' li�i1N� vs,+w Mixed me with commur-tity mtitil jnd 'rvices ffit ip&idential bcWi Minimum.2-sttNY to 65' Ilwight with a maximum 200'height heath ovith �i inc�-riti ves ilf 4„�. � _ � � •� t'i' Highway Commercial Ccrra~tdar WAde range of community.citywide,or,regional con-ie rctal and h9ht rndumial uses and worktliwe uses.Primarily auto-dependem uses, ,vial pedesti Ian lupportivefa<Ifit 35'to 4Y If liei+ght limit, r Mobile Home Park i'il,ii 1I .'' i Open Space and Stormwater Framework �t'��irI' Wetlands tI' d ' sa���aritis ,� x�„.• Circulation Framework usu• Pedestrian aridgike Path Fr+ 1@'NiSb1k Complete Streets # Proposed RRT Stations{Metro} ,!riElr wt + Proposed Secondary Bus Stops(Metro) "'A i 7 ill� � e #iIN "It 410 >,is ro PdAI- 1 err Yl�.5i crn MIDNVAY a Icllaba,anvt pia,ra;pisjt,t Kent City Council A"9,a zmo Wm,.", Glana GoWtl WeSem MCP j I Envision Midway N i"itin Statement "To transform Midway into a sustainable urban area which enhances commercial development and optimizes Its geographic location,wide range of transportation options,educational institutions,and views" Suund Transit Update South Extension Environmental Study o Begins 2011 =Rail Alignment Y Station Location a Transit Terminus i Competing Interests n Des Moines-21&h Station Federal Way- 1-5 Alignment 17 Vision til,nwu ¢ i i �DrllTflaatsll� *� 4-A + 1{ a, L1 Community Supported iN, Pedestrian Friendly ' Higher Density -� Market Flexibility E Sustainable Y9 s iItY SY $y e- Cie.g" I lxw-, T�. P �Rf r"v• 3z': 4 Reduced Auto-oriented Uses in TOC Pedestrian Friendly Budding Heights Housing New Mix of Commercial &Industrial �Y 'd!Pht Y +a. pl M � flN�a.WAma Mnn {I I�n�iv4rwwl,n 2 I _ 2 b11frastf21C we t1t".11t16CS Roads Stormwater Parks Deliverables: Subarea G Plan, Design uldehnes, Development Regulations, and Environmental Impact Statement LUPB Final Public Hearing Sept/Oct ECDC Consideration Oct/Nov -�Council Adoption Nov/Dec In hth}tY Cf A 11x ti3l i�t� Al¢3 �_ _ Planned Action Ordinance I' Establish Housing Task Force 2012 Develop Incentive Package Sound Transit Alignment Selection Coordinate with Des Moines Coord nate with Highline Community College Community Organization Funding Opportunities Develop Marketing Strategy&Implement 3 _ j ���tutu. ', �.,y«5 .i {� C •'i3.i{1 i i I 1 4 � ' CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF 1 B) FROM THE PUBLIC i I 1 1 rPUBLIC COMMUNICATIONS tA) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) PETCO AND KENT PARKS FOUNDATION PRESENTATION i D) AMERICAN WITH DISABILITIES ACT PROCLAMATION E) PUBLIC SAFETY REPORT t 1 PROCIAMAVOW `Whereas, .JuCy 26,2010 marks the 2o"h anniversary of the enactment of the .americans with DisabiCities .het (AD A); and -Whereas, the purpose of the ADA is "to provide a cCear and comprehensive nationaCmandate for the elimination of discrimination against individuals with disabilties" and to establish that "the Nation's proper goaCs regarding individuals with disabilities are to assure equality of opportunity,fuffparticipation, independent living, and economic se f sufficiency for such individuals;" and 'Whereas, the City of.Cent, along with the state of-Washington, enjoys a proudhistory of Leadership in recognizing, andprotecting the rights of individuals with disabilities andyromoting equaC opportunity andfudinclusion; and 'Whereas, the more than 930,000 people with disabilities within the state of -Washington continue to encounter unnecessary barriers to full free, and equalparticipation in the lives our communities; 1 WO-W, 2rHEREFOR, I, Suzette Cooke, .Mayor of.Cent, do hereby procCaim JuCy 26, 2010 as ' "Americans with Disabilities Act Celebration Day" In the City of .?Cent, -Washington, and I encourage aCC citizens to join me in reaffirming our determination to _WiCC both the Cetter and spirit of the .americans with DisabiCities Act. In witness whereof, I have hereunto set my hand and caused the seat of Xent to be affixed this 26th day of JuCy 2010. s 16 FK � z t ooke, .Mayor o �F Y i. rr KENT WASHINGTON Kent City Council Meeting Date August 17, 2010 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through N. Discussion Action ' 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of August 3, 2010. 6B. Approval of Bills. Figures were not available. I ' Kent City Council Meeting ��,KcNT August 3, 2010 �A5 MI N 6TON The regular meeting of the Kent City Council was called to order at 5:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Harmon, Ranniger, Raplee, and Thomas. Council members Higgins and Perry were excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration. Staff. (CFN-198) Consent Calendar Item L was added to the agenda by Council President Pro Tern Ranniger. Consent Calendar Item D was removed from the agenda and sent back to the Operations Committee at the request of Council member Albertson. ' B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) No public recognition was given. ' B. Community Events. (CFN-198) Council President Pro Tem Ranniger announced upcoming sports tournaments and the Lake Meridian Triathlon. PUBLIC HEARINGS A. Federal Way School District Street Vacation. (CFN-102) This date has been set for a public hearing on an application by the Federal Way School District to vacate a portion of South 268th Street. Public Works Director LaPorte showed the location where the District would like to place portables, and noted that they have fulfilled the pre-conditions necessary by entering into an agreement with the City promising to ' complete all improvements within four years. This includes their obligation to grant certain easements and to construct a pedestrian/bicycle pathway. Mayor Cooke opened the public hearing. There were no comments from the audience and Ranniger moved to close the public hearing. Thomas seconded and the motion carried. Raplee moved to adopt Ordinance No. 3972 vacating a portion of South 268cn Street between 42"d Avenue South and 40th Avenue South. Harmon seconded and the motion carried. CONSENT CALENDAR Ranniger moved to approve Consent Calendar Items A through L, with the exception of Item D which was sent back to the Operations Committee for reconsideration. ' Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of July 20, 2010, were approved. B. Approval of Bills. (CFN-104) Figures were not available. 1 Kent City Council Minutes August 3, 2010 ' C. Excused Absence for Councilmember Higgins. (CFN-198) An excused absence from tonight's meeting for Councilmember Higgins was approved. D. Council Procedure Resolution. (CFN-198) This item was removed from the agenda. E. Amendment to Valley Communications Center Interlocal Agreement. , (CFN-122) This interlocal agreement with the Kent Fire Department Regional Fire Authority (KFDRFA) and Valley Communications Center would provide fire and , emergency medical services dispatch via the City's membership in Valley Communication Center. It would allow KFDRFA to function as do other member city fire departments for purposes of rates for dispatch services and representation on the Valley Com Operating Board. The interlocal agreement would also allow Valley Com and the KFDRFA to mutually indemnify one another without passing that indemnify- cation through the City of Kent. The Mayor was authorized to sign the required ' amendment to the enabling interlocal agreement on behalf of Kent as a member city. F. HYAS Group Investment Consultant Contract. (CFN-149) The Mayor was authorized to sign the contract with HYAS Group, LLC in the amount of $30,000 for review of the City's deferred compensation program, subject to approval of terms by the City Attorney's Office. G. Amendment to 2010 Public Defense Services Agreement. (CFN-234) The Mayor was authorized to sign Amendment Number Four to the Public Defense , Services Agreement with Stewart, Beall, MacNichols and Harmell, increasing the public defenders monthly compensation as a result of the Panther Lake Annexation. H. King County Summer Work Training Grant Agreement. (CFN-118) The Mayor was authorized to sign the King County Summer Work Training Grant Agreement for $18,000 and all necessary documents, and the expenditure of funds in ' the Youth/Teen Budget was approved. I. 2010 4Culture King County Performance Network Grant. (CFN-118) The ' $6,270 grant from 4Culture to support 2010 site specific performances was accepted, the Parks Director was authorized to sign all necessary documents, and the expenditure of funds in the Kent Arts Commission budget was approved. ' J. Federal Way School District Easement Agreement for West Hill Park. (CFN-118) The Mayor was authorized to sign the Construction Easement Agreement , with the Federal Way School District to grant temporary access at West Hill Park. K. Peter Short Plat Bill Of Sale. (CFN-484) The Bill of Sale for the Peter Short Plat project, permit 2074558, for 7 gate valves, 1 hydrant, 2 blow offs, 1 air vac and 679 linear feet of waterline, 3 sanitary sewer manholes, and 383 linear feet of sanitary sewer line, 509 linear feet of new street, 3 storm sewer manholes, 6 catch basins, ' 14,408 cubic feet of detention pond storage, and 542 linear feet of storm sewer line was accepted. 2 tKent City Council Minutes August 3, 2010 ' ADDED ITEM L. Excused Absence. (CFN-198) An excused absence from this meeting for Council ' member Perry was approved. OTHER BUSINESS A. Regional Fire Authority Interlocal Agreement. (CFN-122) On April 27, 2010, voters approved the formation of the Kent Fire Department Regional Fire Authority (RFA) and adoption of the RFA's Regional Fire Authority Plan. Deputy City Attorney Fitzpatrick noted that an interlocal agreement was discussed at a Council workshop in June and that Council approved a Memorandum of Understanding to establish a working relationship between the City and the RFA. He pointed out that the MOU ' expires on August 5, 2010. Fitzpatrick then summarized the terms of the interlocal agreement. Thomas moved to authorize the Mayor to sign the Interlocal Agreement and all other related documents with the Kent Fire Department Regional Fire Authority for the division of services resulting from the formation of the Regional Fire Authority. Raplee seconded and the motion carried. BIDS A. 2010 Citywide Large Storm Sewer Pipe Maintenance. (CFN-1038) Public Works Director LaPorte explained the project, noted that one bid was received from Ventilation Power Cleaning, Inc. in the amount of $611,772.84, and recommended ' that the contract be awarded to them. Raplee so moved, Harmon seconded and the motion carried. ' REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) The Mayor announced that a $44,000,000 grant for repairs to the Howard Hanson Dam has been signed by President Obama. C. Operations Committee. (CFN-198) Thomas noted that the issue of signage for the ShoWare Center is progressing well. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the committee will not meet in August. E. Economic & Community Development Committee. (CFN-198) Albertson noted that the committee will not meet in August. ' F. Public Safety Committee. (CFN-198) Harmon noted that the committee will meet next Tuesday at 5:00 p.m. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) CAO Hodgson announced that RFPs for the General Services Administration's FAA project have been delayed until late fall. ' 3 Kent City Council Minutes August 3, 2010 ADJOURNMENT The meeting adjourned at 5:38 p.m. (CFN-198) r Brenda Jacober, CIVIC City Clerk f 4 , Kent City Council Meeting Date August 17, 2010 Category Consent Calendar - 6C 1. SUBJECT: KING CONSERVATION DISTRICT GRANT AGREEMENT FOR EARTHCORPS SERVICES - AUTHORIZE 2. SUMMARY STATEMENT: Accept grant from King County Conservation District in the amount of $20,670, for EarthCorps Services, amend the budget, authorize expenditure of the funds in accordance with the grant agreement, and authorize the Mayor to sign all necessary documents. Parks received a $20,670 grant from the King Conservation District No. 9 to partner with EarthCorps, which has the expertise to manage restoration efforts safely along steep slopes. Their crews will spend one week at Earthworks and two weeks at Lake Fenwick implementing a technique called "survival rings" to save approximately 150 trees. Earthworks Park and Lake Fenwick Park both contain large mature trees on steep slopes that are being threatened with encroaching ivy. The sites are too steep to allow volunteers to restore, and it is also prohibitive within current resources to remove all the ivy from these areas and replant with native trees and shrubs. 3. EXHIBITS: King Conservation District Grant Agreement 4. RECOMMENDED BY: Public Works Committee 8/2/10 (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: t0� s AGREEMENT FOR AWARD OF KING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT City of Kent,Parks This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 1107 SW Grady Way, Suite 130, Renton, WA 98057 (referred to herein as "District"), and City of Kent, Parks, a municipal corporation in King County, Washington, located at 220 41h Ave. South, Kent, WA 98032 (referred to herein as "Recipient"), for the purposes set forth herein. ' SECTION 1. RECITALS ' 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to be of special benefit ' to lands; and 1.2 Whereas,pursuant to RCW 89.08.400, King County has authorized and imposed a ' system of assessments to finance the activities and programs of the District; and ' 1.3 Whereas, pursuant to RCW 89.08 220, RCW 89,08.341 and/or Chapter 39.34 RCW, the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise), or their designees, in order to carry out and facilitate the activities and programs of the District to conserve natural resources; and 1.4 Whereas, the District has reviewed the grant application submitted by Recipient ' and has determined that the application meets the requirements of Chapter 89 08 RCW and the District's policies and procedures for awarding grants; and ' 1.5 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a grant to Recipient. iSECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Twenty Thousand Six Hundred Seventy Dollars ($20,670) from 2009 Assessments. Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is ' attached hereto and incorporated herein by this reference The District shall pay the grant funds to Recipient in accordance with the District's policies and procedures, including but not limited to, the policies and procedures contained in the Member Jurisdiction & WRIA Forum Grant Application Instructions and Policies, provided that such funds have been collected and received by the District. ' Page 1 of 4 8 ' 2.2 Recipient represents and warrants that it will only use the grant funds for the work ' described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the , Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further, Recipient agrees to return to the District any grant funds that are not expended or remain after completion of the work covered by this ' Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries- Enumclaw, Federal Way, Milton, Pacific, and Skykomish Recipient shall be required to refund to the District that ' portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of , grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be ' purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant ' funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due June 30 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or , challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at ' reasonable intervals. 2.6 Recipient's expenditures of grant funds shall be separately identified in the , Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain , such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. , 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington("BARS"). Page 2 of 4 ' 9 ' 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement Recipient shall cooperate with the District in any such audit. 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. ' 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the ' environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to ' or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in cormection with this Agreement. ' 2.12 Recipient agrees to acknowledge the District as a source of funding for this ' project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS ' 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. ' 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise ' or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. ' 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment ' which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 1� Page 3 of 4 10 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. ' DISTRICT: RECIPIENT: By By Name Name Title Title ' Date Date , Approved as to Form: Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: , By (�t,..c_ By Name C f t C , 0 T Name Date 0 I o Date ' 1 Page 4 of 4 Exhibit A 1 r W A�21111 t Member Jurisdiction & WRIA Forum Grant Program King Conservation District Grant Application Project Title: Ivy Removal at Earthworks and Lake Fenwick Parks Applicant: City of Kent Parks Contact: Victoria L.Andrews Principal Partners(if any): EarthCorps Title: Special Programs Manager Address: I 220 4th Ave.S. Kent,WA 98032 Total Project Cost: $21,304.66 WRIA Funding Jurisdiction Funding KCD Funding Requested: $20,670.00 Phone: 253-856-5113 Project Start Date: August 1,2010 Fax: 253-856-6050 Project End Date: December 31, 2010 E-mail: vandrews@ci.kent.wa.us 1. Project Description - provide a brief description of the project that summarizes what you will do, how you will do it, and why you will do it. Consider the following in the answer to this question: what pressing need will be addressed by the project or what promising opportunity will be capitalized on?Who or what will benefit or be positively and negatively affected? The City relies on the contributions of community volunteers and Eagle Scouts for removing invasive plants and replanting with native trees and shrubs. However, two sites are too steep to allow volunteers to restore: Lake Fenwick's east ridge and the hillsides at Mili Creek Canyon Earthworks Park. Both sites contain large, mature trees threatened with encroaching ivy. it is prohibitive within current resources to remove all the ivy from these areas and replant with native trees and shrubs Our urgent priority is to save the trees by means of survival rings. We will partner with EarthCorps, which has the expertise to manage restoration efforts safely along steep slopes. They will likely compost on site, or City staff will remove debris as work is completed. 2. Natural Resource Improvement Actions - describe how the project will address a minimum of one of the natural resource improvement actions described on page 1 of the application instructions. Consider the following in your answer to this question: What natural resources will be improved? What are the known needs, gaps or deficits that will I be addressed? What are the known benefits to soil, water, air, plants, fish and wildlife, landowners? Capacity Building: partnering with EarthCorps' proven expertise allows the City of Kent to utilize its resources efficiently and effectively. Direct Improvement of Natural Resource Conditions: EarthCorps is familiar with City of Kent staff and protocols, and it will implement conservation practices that will protect habitat and the natural canopy and enhance water quality at both parks. i Member Jurisdiction&WRIA Forum Grant Program,Application . Juiy 21,2008 Page 9 of 11 13 3. Project Activities and Measurable Results - using the table below, list specific project activities to be completed, the timetable for the activities, and the deliverables associated with those activities. Consider the following in your answer to this question: What actions, interventions, programs, services will be deployed? Activity Description Deliverables Timeline Cost Per Activity 1. Contract with Earth Signed contract August $20,670 Corps 2010 2. Crew days - 15 total Onsite restoration at Lake August- $1,045 per Fenwick Park(5 days-@50 November day plus trees)and Mill Creek Canyon 2010 taxes,fees Earthworks Park(10 days-@ 100 trees), composting on site or City staff will remove 3. Evaluation Up to 150 survival rings, December $334.66 - weight of invasives removed 2010 staff time and/or acreage cleared and chipped 4. Long-term maintenance Visual monitoring for two 2011-2012 $300 - years,then seek funding to supplies repeat (new digital camera, binoculars) 4. Effectiveness(see page 2 of application instructions for definition) - describe how the project will effectively implement the natural resource Improvement measures identified in question No 2 above. Consider the following in your answer to this question: Why is the primary applicant the best entity to deliver the proposed program/service/intervention? What is the capacity of the primary applicant to deliver the proposed program/service/intervention? What tools, services and partners will be brought to bear? Both parks are maintained by the City of Kent. The Parks Department staff includes five certified arborists as well as credentialed project managers experienced in natural resource improvement. Our partners, Earth Corps, are recognized in the field for their expertise in sound, safe conservation management practices. They will use their own rappelling equipment and hand tools. 5. Efficiency(see page 2 of application instructions for definition) - describe how the project will efficiently Implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: How will the proposed program/service/intervention engage in conjunction with related efforts? , How does your strategy best leverage resources? The Green Kent grant from Kent Conservation District enabled the City to map all public lands in preparation for a 20-year plan for restoring and maintaining all parks and natural areas. While volunteer stewards will be recruited and trained to take on much of the work, the areas requiring EarthCorps' interventions are not suitable for volunteers to work in. Member Jurisdiction&WRIA Forum Grant Program,Application 6 July 18,2008 • Page 10 of 11 14 6. Equity(see page 2 of application instructions for definition) — describe how the project will equitably implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: In what part of the District will the proposed program/service/intervention occur? Who is the target audience and what demographic section of the community will be affected? The program is being implemented in Kent, King County. Lake Fenwick Park has three parking lots, a boat launch and fishing pier, a disc golf course, picnic tables and other amenities. Its target audiences include neighbors, bird watchers, fishing enthusiasts, hikers, bicyclists, disc golf players and church/family gatherings. It is roughly 130 acres and offers fishing and beautiful vistas. Mill Creek Canyon Earthworks Park is an internationally acclaimed landmark public art installation,water detention facility and public park. It contains a sensitive,salmon- bearing stream.Target audiences are neighbors (including an assisted living facility and the Kent Senior Activity Center), art and engineering students and the general public. 7. Evaluation of Intended Results — describe the evaluation mechanisms you will use to track, document, and report that the project has achieved the Intended results described in questions 1-3. EarthCorps will record the type and amount of invasive materials removed.Supervision by the project manager will include photo documentation during site visits. S. Project Budget& Expenses Budget Item KCD Funds Other Funds Other Funds Total (City of Kent) (specify) Staff salaries $334.66 $334.66 Travel/Meals/Mileage (intern's own vehicle) Office/Field Supplies $300.00 $300.00 (digital camera, binoculars) Professional Services: $20,670 $20, 670 EarthCorps crews @ $1,378/day ' Land Acquisition Permits Other(mileage, personal vehicle) TOTAL $20,670 $634.66 $21.304.66 9. KCD Acknowledgement- Describe how the KCD will be acknowledged as a source of funding for the proposed program/service/Intervention (see Grant Program Overview & Policies, General Grant Program Policies, #6). King Conservation District will be acknowledged on Kent-TV-21 by the Kent Parks Committee during a televised meeting, on the Clty's website, Facebook page, in the Program Guide,which reaches 50,000 residents and in the E-Scene newsletter. The grant will also be recognized on ' informational kiosks located at the parks (when materials are updated). Member Jurisdiction &WRIA Forum Grant Program,Application July 18,2008 • Page 11 of 11 15 L� 6-24-2010 Authorized Signature Date Member Jurisdiction&WRIA Forum Grant Program,Application • July 18,2008 Page 12 of 11 I Kent City Council Meeting Date August 17, 2010 Category Consent Calendar - 6D 1. SUBJECT: FEHR & PEERS CONTRACT CHANGE ORDER - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign Amendment No. 1 to the consultant services agreement with Fehr & Peers, Inc. in an amount not to exceed $8,000, to analyze funding options for transportation infrastructure in the City of Kent. 3. EXHIBITS: Memo dated 7/27/10 and Amendment No. 1 f4. 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 DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone 253-856-5500 KENT Fax* 253-856-6500 Address- 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 27, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 2, 2010 From: Cathy Mooney, Senior Transportation Planning Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract Change Order - Fehr & Peers Motion: Move to recommend Council authorize the Mayor to sign Amendment No. 1 to the Consultant Services Agreement between the City of Kent and Fehr & Peers, Inc in the amount not to exceed $8,000 for analyzing funding options for transportation infrastructure in the City of Kent, upon concurrence of the language therein by the City Attorney and the Public Works Director. 1 Summary: Council has asked staff to continue to investigate various funding methods for both future capital projects and for preservation and maintenance of the City's existing transportation infrastructure, most recently the potential for a transportation benefit district (TBD). Fehr and Peers, Inc. consulting firm updated the City's transportation demand forecast model and has worked with staff throughout the development of the Transportation Master Plan. Their regional and national experience with transportation funding provides expertise that we do not have on our staff. Their experience working with our neighboring jurisdictions is another great resource for the City. Budget Impact: This amount was contemplated in the Transportation Master Plan budget. This will be within the adopted budget for the Transportation Master Plan. i � v`%7E T iCEN WA5H11 Clow AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Fehr & Peers, Inc. CONTRACT NAME & PROJECT NUMBER: Transportation Capital Project Financing ORIGINAL AGREEMENT DATE: June 21, 2010 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Continue to provide professional financial research and analysis. For a description, see the Scope of Work which is attached as Exhibit A and incorported by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $20,000.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $20,000.00 including all previous amendments Current Amendment Sum $8,000.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $28,000.00 i 1 AMENDMENT - 1 OF 2 Original Time for Completion 9/30/10 (insert date) Revised Time for Completion under 0 prior Amendments (Insert date) Add'I Days Required O for this 31 calendar days Amendment Revised Time for Completion 10131/10 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name; Suzette Cooke Its Its Mayor (title) (title) DATE: DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Fehr&Peen Ttan50 Ffnanpng Amd l/Mooney AMENDMENT - 2 DF 2 Exhibit A - Scope of Work I Consultants will provide professional financial research and analysis regarding transportation capital project financing as well as helping to establish a reliable funding source for maintenance and preservation of the City's existing transportation infrastructure. I� All current and potential transportation capital financing options available to local jurisdictions in the State of Washington will be explored, reviewed, analyzed and available for Council's consideration. Consultants will be available to make presentations and answer questions and Committee and Council meetings. Budget: $8,000.00 f I � i V it etlLM IJOJD 1'Gf7 Rr'CGfCJ i CERTIFICATE OF LIABILITY INSURANCE 04/30/10 m' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 7. Box 12675 BOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW .land, CA 94604-2675 510 465-3090 INSURERS AFFORDING COVERAGE INSURED INSURERA, Hartford Casualty Insurance Co. — Fehr&Peers INSURERS Hartford Underwriters Ins.Co. 100 Pringle Ave,Suite 600 INSURER C XL Specialty Insurance Co. Walnut Creek, CA 94596 INSURER 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 INSR TYPEOFiNSURANCE POLICYNUMBER POLtGYEFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MMIDD/YY DATE MMIDDIYY A GENERAL LIABILITY 57SBAVA1664 11/01/09 11/01/10 EACH OCCURRENCE $1000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anyone ire) $1 000,000 f CLAIM,MADElil OCCUR MED EXP(Ariy one person) $10000 ,PERSONAL&ADV INJURY $1 O00 000 GENERAL AGGREGATE s2,000,000 IIG` 7E�N'L AGGREGAI E LIM ITAPPLJES PER PRODUCTS -COMP/OP AGG s2,000,000 I I POLICY X PEOT LOC A AUTOMOBILE LIABILITY 57SBAVA1664 11101/09 11101/10 COMBINED SMGLE LIMIT ANYAUTO (Eaawdent) $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per acadent) $ PROPERTY DAMAGE $ (Per amidert) GARAGE LIABILITY AUTO ONLY.EA ACCIDENT $ ANY AUTO OTHER TITAN EA ACC $ AUTO ONLY AGG $ A EXCESSLIABILITY 57SBAVA1664 11/01/09 11/01/10 EACH OCCURRENCE $5,000,000 X OCCUR CLAIMS MADE AGGREGATE $5,000,000 $ ,DEDUCTIBLE $ RETENTION $ 1 1 $ B WORKERS COMPENSATION AND 57WEK0613G 05/01/10 05/01111 X ITWOORY STATU- OTH- EMPLOYERS'LIABILITY 1 I EL E;CHACGID=_Nr $1,000,0^0 EL DISEASE-EAEMPLOYEEI$1,000,00o EL DISEASE -POLICYLIMIT I S1,000,000 C OTHER Professional DPR9682187 12/06109 12106/10 $1,000,000 per Claim Liability $2,000,000 Ann[Aggr. DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL.PROVISIONS General Liability Policy excludes claims arising out of the performance of professional services. RE:ALL OPERATIONS OF THE NAMED INSURED. Professional services:City of Kent Transportation Master Plan 0 Liability: (See Attached Descriptions) lk ED CERTIFICATE HOLDER I (ADDITKMALINSURED INSURERL R _ CANCELLATION 9j 0' SHOULD ANYOF TH EABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION ' City of Kent DATE THEREOF, THE ISSUING INSURER WILL X)(RWWAXX3O MAIL 3,0—DAYS WRITTEN Attn: Ms. Nancy Yoshi tjV OF KENT NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT,89E3jeAX1RtR"")69AXMLXX 400W.Gowe ENGINEERING DE6 E6DCOFXr176CRADQf317QF9196ft96i(RIXHIX&A6riXXtl0JFXEF&mIiMX7�9C9LitR7CRA3dkD67FC 7t Kent,WA 98032 rLs»asXx> wEsx AUTHORIZED REPRESENTATIVE ACORD 25-S(7197)1 of 2 #M267869 NMF 0 ACORD CORPORATION 1983 Page DESCRIPTIONS (Continued from, 1) See Additional Insured endorsement attached.General Liability/Auto ;�'bility Additional insured:City of Kent.Insurance is PrimarylNon- itributory. S 252(07I97)2 of 2 #M267869 Insured: Fehr&Peers Insurer: Hartford Casualty Insurance Co. Policy Number: 578BAVA1664 Policy Dates:November 1,2009—November 1,2010 EXCERPTS FROM: Hartford Form SS 00 08 D4 05 BUSINESS LIABILITY COVERAGE FORM C.WHO IS AN INSURED 6. Additional insureds When Required By Written Contract,Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a through f below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs suosequent to the execution of the contract or agreement, or the issuance of the permit A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f Any Other Party (1)Any other person or organization who is not an insured under Paragraphs a through e. above, but only with respect to liability for"bodily injury, "property damage"or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you, or (c) in connection with "your work" and included within the"products- completed operations hazard, but only if (i)The written contract or written agreement requires you to provide such coverage to such additional insured, and (li)This Coverage Part provides coverage for"bodily injury"or"property damage" included within the"products-completed operations hazard (2)With respect to the insurance worded to these additional insureds, this insurance does not apply to- "Bodily injury, "property damage"or "personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including- inspection, or engineering E.5 Separation of Insureds Except with respect to the Limits of Insurance, and any nghts or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named insured were the only Named Insured, and b. Separately to each insured against whom a claim is made or"suit" is brought. E.7,b.(7).(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance E.8.b. Waiver Of Rights Of Recovery(Waiver Of Subrogation) if the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage EXCERPT FROM Hartford Form SS 04 38 06 01 ' HIRED AUTO AND NON-OWNED AUTO B With respect to the operation of a"non-owned auto", WHO IS AN INSURED is replaced by the folowing The following are"insureds" d Anyone liable for the conduct of an "insured", but only to the extent of that liability iKent City Council Meeting Date August 17, 2010 Category Consent Calendar - 6E 1. SUBJECT: TRANSPORTATION IMPACT FEE ORDINANCE AMENDMENTS AND RESOLUTION REGARDING LAND USE FEES - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending Kent City Code Chapter 12.14 to eliminate deposit requirements, identify a more expansive category of land uses to which the downtown fee rate applies, establish lien fees for deferral of fees, and make other clarifications. Adopt Resolution No. amending Resolution No. 1828 to modify the list of development mitigation fees to which the fee deferral lien applies. 1 Transportation Impact Fees ("TIFs") on new growth and the role those fees would play in the entire future transportation funding package has been discussed in committees and Council Study Sessions since 2006. TIFs are calculated based on trips generated by particular land uses. Council recently adopted a comprehensive TIF ordinance. This ordinance serves to make minor amendments to support implementation of the TIF. 3. EXHIBITS: Memo dated 7/27/10, Ordinance, Exhibits to ordinance, Resolution and Rate Study ' 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: iCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: i 1 PUBLIC WORKS DEPARTMENT Timothy I LaPorte P E , Public Works Director Phone 253-856-5500 KENT Fax 253 856 6500 W.S H I N G 0 N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 iDate: July 27, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 2, 2010 From: Cathy Mooney, Senior Transportation Planning Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Transportation Impact Fee Ordinance Amendments Resolution, Land Use Fees Motion 1: Move to recommend Council adopt amendments to Kent City Code chapter 12.14 regarding transportation impact fees. Motion 2: Move to recommend Council adopt the Resolution superseding Resolution No. 1828 regarding fees for review and recording of fee deferral liens. Summary: The city's new transportation impact fee ordinance was adopted July 6, 2010. In preparation for the effective date, a committee of City staff representatives from transportation, planning and finance has been meeting to develop procedures and forms. In the course of the meetings, the need for minor amendments has come to light. The primary change is the elimination of the provision requiring deposits from non- residential permit applicants. The Planning Director noted that it was inconsistent from a policy perspective to allow residential fees to be deferred until sale of the dwelling and at the same time require non-residential applicants to pay deposits in advance of permit issuance. Further, deposits were potentially refundable and would have been held in a separate account, adding an unnecessary administrative burden. i The other substantive change is to Identify the applicable fee for residential deferral ■ liens and appeals. This is the same fee that is charged by the city for the deferral of other fees. Accordingly, it is appropriate to adopt a Resolution which serves to amend note 20 of the previous Resolution 1828 to include transportation impact fees among the land use matters to which deferral fees are applicable. The remainder of the ordinance amendments are clerical or housekeeping in nature for purposes of clarity. Budget Impact: None r - ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Kent City Code Chapter 12.14 to eliminate deposit requirements, identify a more expansive category 1 of land uses to which the downtown fee rate applies, establish lien fees for deferral of fees, and make other clarifications. I. ' RECITALS A. Upon review, city staff have determined that the requirement for an impact fee deposit at the time of application was not consistent with the policy underlying the provisions for fee deferral. B. Charges for transportation impact fee deferral liens should be the same as other deferral liens. C. Staff and consultants have determined that the discounted fees for downtown retail land uses shown on the Downtown Kent Rate Memorandum, Exhibit 2, apply to a broader category of retail sales requiring an amendment to that exhibit. D. In the interests of clarity, certain other amendments are in order. 1 Transportation Impact Fees Amend KCC 12.14 r NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. -Amend. Kent City Code Chapter 12.14 is hereby amended as follows: Chapter 12.14 TRANSPORTATION IMPACT FEES Sec. 12.14.010. Title. This code shall be hereinafter known as the city of Kent Transportation Impact Fees. Sec. 12.14.020. Purpose and Intent. The purpose and intent of i this chapter is for the collection of transportation impact fees for streets and roads, and providing for certain other matters in connection therewith. Sec. 12.14.030. Findings and Authority. The Ccity Ccouncil of the Caty of Kent hereby finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and industrial development in the Ccity of Kent will create additional demand and need for system improvements in the Ccity, and the Gcouncil finds that such new growth and development should pay a proportionate share of the cost of system improvements needed to serve the new growth and development. The Ccity of Kent has conducted extensive research documenting the procedures for measuring the impact of new developments on public facilities, has prepared the "Rate Study for Transportation Impact Fees," city of Kent, dated May 2010 ("Rate Study"), attached as Exhibit 1,_and incorporates that Rate Study into this chapter by this reference. In recognition that fewer trips are generated and 2 Transportation Impact Fees Amend KCC 12.14 i average trip lengths are reduced to and from Downtown Kent, as hereinafter defined, the city has also prepared a memorandum entitled "Impact Fee Rate Adjustment for Downtown Kent," dated June 28, 2010 ("Downtown Kent Rate Memorandum") attached as Exhibit 2, and incorporates that memorandum into this chapter by this reference. The Rate Study and the Downtown Kent Rate Memorandum utilize a methodology for calculating transportation impact fees that incorporate, among other things, all of the requirements of RCW 82.02.060(1). A copy of the most current versions of the Rate Study and the Downtown Kent Rate Memorandum shall be kept on file with the city Clerk and are available to the public for review. Therefore, pursuant to Chapter 82.02 RCW, the Ccouncil adopts this chapter to assess transportation impact fees ifor streets and roads. The provisions of this chapter shall be liberally I, construed in order to carry out the purposes of the Gcouncil in providing for the assessment of transportation impact fees. Sec 12.14.040. Definitions. The following words and terms shall have the following meanings for the purposes of this chapter, unless the icontext clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and tcustomary meaning. A. Aec-esser), Dwelling Unit shall be defined in KGG 15.02.and sueh picevisien as amended. SA. Building Permit means an official document or certification which is issued by the cif and which authorizes the construction, alteration, enlargement, conversion, reconstruction, jremodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure or any portions thereof. iCB. Capital Facilities Plan means the capital facilities element of the Gaty's Comprehensive Plan adopted pursuant to RCW 36.70A and such plan as amended. 3 Transportation Impact Fees Amend KCC 12.14 DC. City means the C-city of Kent. -ED. Council means the Ccity Gcouncil of the G-city of Kent. FE. Department means the Gcity's Department of Public Works. GF. Development Activity means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land, that generates at least one Pp.Mt9=i-. peak hour trip. ++G. Development Approval means any written authorization from the C-city of Kent which authorizes the commencement of a development activity. FH. Director means the Public Works Director or the Director's designee. 9I. Downtown Kent means that area shown on the map incorporated into the Downtown Kent Rate Memorandum. A legal description of Downtown Kent will be prepared and kept on file with the Downtown Kent Rate Memorandum for further reference. KJ. Downtown Kent Rate Memorandum means t#atthat the Exhibit 2 memorandum entitled "Impact Fee Rate Adjustments for Downtown Kent," dated June 28, 2010, or as hereinafter amended. L. —Dwel{H g Unitshall be as lig KGG i [' 02 ti 39 e ..,.t. MK. Encumbered means to reserve, set aside, or otherwise earmark the transportation impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for system improvements. NL. Feepayer is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a development activity which creates the demand for additional system improvements and which requires the issuance of a building permit or a permit for a change of use. '`Feepayer°-' includes an applicant for an , 4 Transportation Impact Fees Amend KCC 12.14 transportation impact fee credit. GM. Hearing Examiner shall mean that person or persons appointed by the mayor pursuant to KCC 2.32. — —It/3z3ft 3i U' aet ffleaet fee" W11 the Fevievflng e-ccricc$iutiEJF?�rr.' QN. Independent Fee Calculation means the transportation impact fee calculation, and/or economic documentation prepared by a fFeepayer, to support the assessment of a transportation impact fee other than by the use of the rates published pursuant to listed T„KCC 12.14.190, or the calculations prepared by the Director where none of the fee categories or Ifee amounts published pursuant to +-t KCC 12.14.190 accurately describe or capture the impacts of the development activity on public facilities. iRO. KCC means the Kent City Code or, when followed by a numerical designation, a provision of the Kent City Code. i -SP. Owner means the owner of record of real property, although when real property is being purchased under a real estate contract, the rpurchaser shall be considered the owner of the real property if the {� contract is recorded. ' :FQ. Permit for change of use or change of use permit means an official document which is issued by the ' MaRager ci�eF their designees and which authorizes a change of use of an existing building or structure or land_ kl. Played t PUD—shall have the saFn-e VR. P.M. Peak Hour means the sixty-minute period between 4:00 and 6:00 p.m. which experiences the highest volume of traffic on a road 5 Transportation Impact Fees ' Amend KCC 12.14 or street or passing through a road or street intersection. WS. P.M. Peak Hour Trips means the total vehicular trips entering and leaving a place of new development activity on the adjacent public road or street during the r. Nl. peak hour. XT. Project Improvements means site improvements and facilities that are planned and designed to provide service for a particular development project,--arid are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the Gcouncil shall be considered a project improvement. YU. Public Facilities, for purposes of this chapter, means the following capital facilities owned or operated by the Gaty of Kent or other governmental entities: public streets and roads. Z-V. Rate Study means the Exhibit 1 "Rate Study for Transportation Impact Fees," Caty of Kent, dated May 2010, or as hereinafter amended -e. develep+�e+� €e4fe BBW. Single Family Residential Permit means a permit for a "single- family dwelling" as that term is defined in KCC 15.02.115. , GGX. Street or Road means a public right-of-way and all related appurtenances, including lawfully required off-site mitigation, which enables motor vehicles, transit vehicles, bicycles, and pedestrians to travel between destinations, and affords the principal means of access to abutting property. For purposes of this chapter, public streets and roads are collectively referred to as "transportation." 6 Transportation Impact Fees Amend KCC 12.14 DDY. System Improvements, for purposes of this chapter, means public transportation facilities that are included in the G-ity of Kent's capital facilities plan, and such plan as amended, and are designed to provide service to the community at large, in contrast to project improvements. FEZ. Transportation means public streets and roads and related appurtenances. J AA Transportation Impact Fee means a payment of money �msosed by the city of Kent on development activity pursuant to this chapter as a condition of granting development approval "Transportation impact fee" does not include a reasonable permit fee, an appl3catEon fee, the administrative fee for collecting and handl'nq rmr�act fees or the cost iof reviewing jndependent fee calculations. BBB. Transportation Impact Fee Account(s) means the separate accounting structure(s) within the city's established accounts which structure(s) shall identify separately earmarked funds and which shall be established for the transportation impact fees that are collected. The account(s) shall be established pursuant to KCC 12.14.100, and shall comply with the requirements of RCW 82.02.070. Sec. 12.14.045. Establishment of Service Area. A. The city hereby establishes, as the service area for ' transportation impact fees, the Gaty of Kent, including all property located+P@ within the corporate city limits. B. The scope of the service area is hereby found to be reasonable and established on the basis of sound planning and ` engineering principles, and consistent with RCW 82.02.060. Sec. 12.14.050. Transportation Impact Fees Methodology and Applicability. The transportation impact fees published pursuant to rates « KCC 12.14.190 are generated from the formulae for calculating 7 Transportation Impact Fees Amend KCC 12.14 transportation impact fees set forth in the Rate Study and the Downtown Kent Rate Memorandum the--.,,,,,,^ S* d d the DE)wi9te went to ` JCUIIy-UTTCI-LTV—Dp'VYITCVYPmT�Ci-I TCQCC Except as otherwise provided for independent fee calculations in KCC 12.14.070, exemptions in KCC 12.14.080, and credits in KCC 12.14.090, all new development activity in the city will be charged the transportation impact fee applicable to the type of development listed in the fee scheduic adopted ursuant to KCC 12.14.19t}. Sec. 12.14.060. Collection of Asseqsmentlmpact Fees. A. The GCity shall collect transportation impact fees, based on the rates published pursuant to +F+ KCC 12,14.190, from any applicant seeking development approval from the C-city for any development activity within the Gaty, whence such development activity requires the issuance of a building permit or a permit for a change in use, and creates a demand for additional public facilities. B. MTk+e-maximum allowable transportation impact fees arer-ate established by the Rfate Sstudy and the Downtown Kent Rate Memorandum. _The rate for the year July 1, 2010 through June 30, 2011 shall be 30% of the maximum j allowable amount. The rate for the year July 1, 2011 through June 30, 2012 shall be 41.67%; for the year July 1, 2012 through June 30, 2013 shall be 53.33%; for the year July 1, 2013 through June 30, 2014 shall be 65%; for the year July 1, 2014 through June 30, 2015 shall be 76.67%; for the year July 1, 2015 through June 30, 2016 shall be 88.33% and from July 1, 2016 and thereafter shall be 100%. C. Annually and prior to the first day of July, the director shall adjust the fees by _ 8 Transportation Impact Fees Amend KCC 12.14 impact fee Fate using the same percentage change as in the most recent annual amendment to the Washington State Department of Transportation Construction Cost Index. The director shall make the oer,-entaqe calculations required by KCC 12.14.060La),_when applicable.,after making the transportation construction cost index changes_T-he first adjustFflent will eeeur in 9Hly 2011. D. When a transportation impact fee, pursuant to KCC 12.14.060(A), applies to fF-6 a change of use permit. building aF d u.n.1t, i.neluding any a]L�I�LI�11, expansien, replacement, E)F new aEeessery building, the transportation U -Wortation impact fee shall be the applicable transportation impact fee for the land use category of the new use, less any trqE:S�ortatcon impact fee previously paid for the land use category of the prior use. If no transportation impact fee was paid for the prior use, the transportation impact fee for the new use shall be reduced by an amount equal to the current transportation-impact fee rate for the prior use. No reduction based on prior use shall be made for a StFUete-Fepr�ert that has been vacant or otherwise not actively in that prior use for a period of one three years or longer. E. For mixed use developments, transportation impact fees shall be imposed for the proportionate share of each land use, based on the applicable measurement in the transportation impact fee rates published Pursuant to set f6Fth wf-KCC 12.14.190. F. Time of A5se.-smeRt i. Transportation limpact fees shall be assessed determined at the time the complete application for a building permit or a permit for a change in use is submitted using the transportation impact fees Fates then in effect. Transportation impact fees shall be due and payable before the building permit or permit for a change of use is issued by the C-city. G-----2. Until December 31, 2013, at the time of issuance of any single family residential building permit for a dwelling unit that is being constructed for initial sale, the payment of the transportation impact 9 Transportation Impact Fees Amend KCC 12.14 fee may be deferred if owner of the underlying real property, }.". FeepayeF n9ay defer payment ef the _. __.. executesfRg a first position lien in favor of the city in the amount of the tra€4ensportdtlon impact fee to-fie-in effect at the time of the deferral. efes+eg—e€ the sale the--4w-lling—n4-.- The city shall record the lien against the real property and the lien amount shall be paid by the seller to the city at the time of closing of the sale of the real property and single family residence_. - al- A Ffeepayer who chooses to defer the trafftensportation impact fee must combine the lien with a lien for deferring the water development system charge m KCC 7.02.160, for the transportation improvement fee in KCC 12.11.090 or Chapter 43.21C RCW, and for the drainage development charge in KCC —. i+t the lien rt w�i `-! 4h`. ri P!� -� t F thn I-^^ A th-.t tjje i crrcrsr i�rn�-dcre—�-rrc� uvrrcrr—carrracia=rwr--rr-r�rzc-n—crr=ru mutes—rrC,€� �i196tlffit-Wig-�}e-�31�- I : 2e. A deferral fee, in the amount set by city council resolution for city of Kent Planninq and Land Use Fees: "Fee Deferral Lien" will be due at the time of the application for deferral. The administrative , fee set out in KCC 12.14.170 will not be deferred. GN. Feepayers that have been allowed credits prior to the submittal of the complete building permit application or an application for a permit for a change of use shall submit, along with the complete application, a copy of the letter n—eeTt;nti prepared by the directorf setting forth the dollar amount of the credit t aliowed.awainded. Transloortat€on limpact flees, as determined after the application of gM� credits, shall be collected from the Reepayer 10 Transportation Impact Fees Amend KCC 12.14 no later than the at the time a building permit or permit for a change of use is issued. # H. WheFe the impact gees—impessed- a;= E an, e n9en�t etherthe same time that - eel-n-Viete application for- a bo1ldlng--peffn4---is subFflitted. T4 d t shall be based en an .-tingate, ubFn t ! 4vy� the any 1inteFeSt Fate whieh the City of Kent then eaF19S. if the final size ef the eF an eEeHpai9ey peicmit, HsiHg the rate in effeet at that time. The ..,.yeF shall pay any su-0-1 W., inteFest, ealeulated at the develepn-ient is less than the initial estiffiate, the Depaittffient shall give I. The Ddepartment shall not issue the required building or the ( permit for the change of use until the transportation impact fees set-fe tl �n-KCC zT. have been paid-as sat fe,-t„-,rrz the fee L-g«dri,eeT-�;7-�,-� i - Sec. 12.14.070. Independent Fee Calculations. A. If, in the judgment of the director, none of the fee categories or fee amounts set forth in foregoing section of this title accurately ■ describes or captures the impacts of a new development on streets, the department may conduct independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be mailed to thefeepayer. B. A Ffeepayer may opt not to have the transportation impact 11 Transportation Impact Fees Amend KCC 12.14 r fees determined according to the fee structure published pursuant to i-R KCC 12.14.190, in which case the -Ffeepayer shall prepare and submit to the director an independent fee calculation for the development activity for which a building permit is being sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. An independent fee calculation shall use the same methodology used to establish transportation impact fees fo-adopted pursuant to KCC 12.14.190, shall be limited to adjustments in trip generation rates and lengths used in the Rate Study or Downtown Kent Rate Memorandum and shall not include travel demand forecasts, trip distribution, transportation service areas, costs of road projects, or cost allocation procedures. C. Any Ffeepayer submitting an independent fee calculation will be required to pay the C-city of Kent a fee to cover the cost of reviewing , the independent fee calculation. The fee required by the :'city for conducting the review of the independent fee calculation shall be five hundred dollars ($500.44), unless otherwise established by the director, and shall be paid by the Ffeepayer prior to issuance of wthe director's determination. D. There is a rebuttable presumption that the calculations set forth in the Rate Study and Kent Downtown Rate Memorandum a;K#--tie fee + 1-'-- 1' +"- cn,, c,�H„r nr ��II �, ,; Hi , e Jc eau4es-are valid. The director shall consider the documentation submitted by the Ffeepayer, but is not required to accept such documentation or analysis which the director reasonably deems to be inapplicable, inaccurate, incomplete, or unreliable. The director may require the Ffeepayer to submit additional or different documentation for consideration. The director is authorized to adjust the transportation impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the r development, and/or principles of fairness. The fees or alternative fees and the calculations therefore shall be set forth in writing and shall be 12 Transportation Impact Fees Amend KCC 12.14 mailed to the Ffeepayer. E. Determinations made by the director pursuant to this section imay be appealed to the office of the hearing examiner under the procedures set forth in KCC 12.14.110. f Sec. 12.14.080. Exemptions. lA. Except as provided for below, the following shall be exempted from the payment of all transportation impact fees: 1. Alteration or replacement of an existing nonresidential structure that does not expand the usable space or change the existing land use.- 2. Miscellaneous improvements which do not generate increased -pP.,rRM. peak trips, including, but not limited to, fences, walls, residential swimming pools, and signs; 3. Demolition or moving of a structure when additional -pP.fnM. peak hour trips are not generated. 4. A change of use that does not generate one or more pP._s M. peak hour trips. B. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this � , chapter, in any other KCC, or under other applicable law. Determinations of the director shall be in writing and shall be subject to ' the appeals procedures set forth in KCC 12.14.110. Sec. 12.14.090. Credits for Dedications, Construction of Improvements, and Past Tax Payments. A. A Ffeepayer mavean request that a credit or credits for impact fees be awarded to him/her for the total value of system improvements, including dedications of land; and improvements, and/or construction provided by the F-feepayer. The application for credits shall be presented by the Ffeepayer on forms to be provided by the department 13 Transportation Impact Fees 1 Amend KCC 12.14 and shall include the content designated in such forms. _Credits will be given only if the land, improvements, and/or the facility constructed are: I. Included within the capital facilities plan or would serve the goals and objectives of the capital facilities plan;-af-4 2. Are at suitable sites and constructed at acceptable quality as determined by the G tty;-art# 3. Serve to offset impacts of the Ffeepayer's development activity; and 4. Are for one or more of the transportation projects listed in the (Rate sStudy as the basis for calculating the transportation impact fee. B. For credits for dedications: 1. The director shall determine if requests for credits meet the criteria in subsection A, above, or t --other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedure set forth in KCC 12.14.110. 2.G For each request for a credit or credits, the director shall select an appraiser or, in the alternative, the 4--fieepayer may select an independent appraiser acceptable to the director. 3.9 Unless approved otherwise by the director, tThe appraiser must be an MAI (Member of the American Institute of Appraisers), and be licensed in good standing pursuant t-our;cer RCW 18.40 et.seq.7. in the category for the property to be appraised, and shall j not have a fiduciary or personal interest in the property being appraised. 4.-E The appraisal will be accepted or rejected by the director and may be subject to independent review. , 1 14 Transportation Impact Fees Amend KCC 12.14 5.f= The Ffeepayer shall pay far---the actual costs for the appraisal and the--r-e�ttew+an +ndet�gi� �er�t review if rec�u+red uniess the director determines that payment for independent review should not be at the feepa�er's expense. 6.6: After fecc-etxcons+der+ng the appraisal and the review, the director shall provide the applicant with a determtriation,lette V,—ee,zrf;�a� setting forth the dollar amount of any credit, the reason for the credit, the legal description of the real property dedicated where applicable, and the legal description or other adequate description of the 1 project or development to which the credit may be applied. The Ffeepayer must sign and date a duplicate copy of such '«per—Q�� jdetermination indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the ttrans ortation impact fee credit will be awarded. The failure of the Ffeepayer to sign, date, and return such document within sixty (60) ' calendar days of the date of the determination shall nullify the credit. If credit is denied, the Ffeepayer shall be notified in a letter that includes the reasons for dental. hef efefe a 7k4. No credit shall be given for project improvements. tC1. A Ffeepayer may request that a credit or credits for transportation impact fees be awarded to him/her for past tax payments. For each request for a credit or credits for past tax payments for transportation impact fees, the Ffeepayer shall submit receipts and a icalculation of past tax payments earmarked for or proratable to the particular system improvement. The director shall determine the amount ` of credits, if any, for past tax payments for system improvements. 123. Any claim for credit must be received by the city-fnede no later than thirty (30) calendar days after the submission of an application for a building permit or an application for a permit for a change in use. The failure to timely file such a claim shall constitute a final bar to later 15 Transportation Impact Fees Amend KCC 12.14 request any such credit. EK. Determinations made by the director pursuant to this Ssection shall be sub3ect to the appeals procedures set forth in KCC 12.14.110 j i tom+ a r + + vr-1- I - n+ inn l�V.%,urucL v�rii-JFLrrTC'CVTCGC�'1Z'-aTS-'TjZ7': Sec. 12.14.100. Adjustments for Future Tax Payments and Other Revenue Sources. Pursuant to and consistent with the requirements of RCW 82.02.060, the Rate Study and Downtown Kent Rate Memorandum haves provided adjustments for future taxes to be paid by the development activity which are earmarked or proratable to the same new public facilities which will serve the new development. The transportation impact fees published pursuant toes-+n KCC 12.14.190 have been reasonably ad3usted for taxes and other revenue sources which are anticipated to be available to fund public improvements. , Sec. 12.14.110. Review by Pireeter and Subsequen Appeals, undeF pretest se that the budding peffflit eF peFmit feF a ehaHge In, HIS'- Ean been Reque� s fog rcY any Hly ba epayef r r",e e,�-i-ei_Fra�2r--rirII,i c -r=nor-r ir.. -ir "ru�' r l 16 Transportation Impact Fees Amend KCC 12.14 ! � r t 19 9A. Determinations of the director with respect to the applicability iof the faet trans ortatfon impact fees to a given development activity, the availability or value of a credit, of--the director's decision concerning the independent fee calculation which is authorized in KCC 12.14.070, or any other determination which the director is authorized to make pursuant to this chapter; may be appealed by the Ffeepayer to the hearing -F 1'GGG 22 1.2 nnn(c)examiner_-..��-� - - Na building or change of use permits will ' be issued until the transortat�on impact fee is pa�d� provided, however, that the feepay_er may pay the fee under protest pendftng appeal to avoid decays sn the issuance of busld�ng permits or change of use permEts. FB. Appeals to the hearing examiner shall be taken in accord with the processes set forth in Chapter 12.01 for oven record a � disc 2 91:139: e t, tlaa -t>rrFy—the-Fma, r provided, however, that appeals are to be delivered to the citx's permit center. K. At the time of filing of the appeal, the Ffeepayer shall pay a the fee set by council resolution for city of Kent Planning and Land Use tFees "Appeal of Administrative Interpretation/Decis ion. ` GD. The hearing examiner is authorized to make findings of fact regarding the applicability of the transportation impact fees to a given development activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. There is a presumption of vaiidsty of the director's determination; feepaver has the 17 Transportation Impact Fees Amend KCC 12,14 I burden of proof. The decision of the hearing examiner shall be the final determination of the Ccity unless remanded to the department as provided , in sectteft--§+KCC 12.14.110,(H)_below. +4E. The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse, affirm, modify or remand, in whole or in part, the determinations of the director with respect to the amount of the tra� tzon impact fees imposed or the credit awarded. Sec. 12.14.120. Establishment of T9'anEQ2Kj tlon Impact Fee Accounts. A. Transportat`on 1jmpact fee receipts shall be earmarked specifically and deposited in one or more special, interest-bearing accounts. B. The C-city shall establish one or more separate tran�ortation impact fee accounts for the fees collected pursuant to this chapter: Funds withdrawn from the account or accounts must be used in accordance with the provisions of this chapter and applicable state law. Interest earned on the fees shall be retained in the account(s) and expended for the purposes for which the transportation impact fees were collected. 4GC. On an annual basis, the finance director shall provide a report to the Gcouncil on the transportation impact fee account showing the source and amount of all moneys collected, earned, or received, and the public improvements that were financed in whole or in part by transportation impact fees. D. Transportation jImpact fees shall be expended or encumbered within six (6) years of receipt, unless the Ccouncil identifies in written findings e€-extraordinary and compelling reasons for the C-city to hold the fees beyond the six (6) year period pursuant to RCW 8Z.OZ.070(3).- YndeF within 18 Transportation Impact Fees Amend KCC 12.14 1 i r Sec. 12.14.130. Administrative Guidelines. The Public Works Director is hereby authorized to adopt internal guidelines for the administration of transportation impact fees, which may include the adoption of e--procedural ruleses-guide - Sec. 12.14.140. Refunds and Offsets. A. If the Ccity fails to expend or encumber the transportation impact fees within six (6) years of the dated=t—the fees were paid, unless ef- rw e 1e-extraordinary or compelling reasons are establishede pursuant to KCC 12.14.120, the current owner of the property on which transportation impact fees have been paid may receive a refund of such fees. In determining whether transportation impact fees have been expended or encumbered, transportation impact fees shall be considered expended or encumbered on a first in, first out basis. t B. The Gcity shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant era -must be the current owner of record of the real property against which the transportation impact fee was assessed. C. Owners seeking a refund of transportation impact fees must submit a written request for a refund of the fees to the director within one (1) year of the date the right to claim the refund arises or the date that notice is given, whichever is later. D. Any transportation impact fees for which no application for a refund has been made within this one-year period shall be retained by the 42city and expended on the system improvements for which they were collected. E. Refunds of transportation impact fees or offsets against ` subsequent tra�atron impact fees under this section shall include any interest earned on the transportation impact fees by the Ccity. 19 Transportation Impact Fees 1 Amend KCC 12.14 1 F. When the C-city seeks to terminate any or all components of the transportation impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the C-city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two (2) times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one (1) year. At the end of one (1) year, any remaining funds shall be retained by the Ccity, but must be expended for the-appr� public facilities for which the tra��im act fees wasere collected... This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. G. The C-city shall also refund to the current owner of property for which transoartatoon _impact fees have been paid all trans_Portat- impact fees paid, including interest earned on the transportation impact fees, if the development activity for which the transportation impact fees were imposed did not occur; provided, however, that, if the C-city has , expended or encumbered the transportation impact fees in good faith prior to the application for a refund, the director &ai:tmay decline to provide the ' refund. If within a period of three (3) years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the director for an offset in the amount of the fee originally paid and not refunded. The petitioner must provide receipts of tra��impact fees previously paid for a development activity of the same or substantially similar nature on the same real property or some portion thereof. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in KCC 12.14.110. 20 Transportation Impact Fees Amend KCC 12.14 Sec. 12.14.150. Use of Funds. A. Pursuant to this title, transportation impact fees: 1. Shall be used for system improvements that will reasonably benefit the new development activity; 2. Shall not be imposed to make up for deficiencies in public facilities; and 3. Shall not be used for maintenance or operation. B. Transportation impact fees may be spent for system improvements to streets and roads as herein defined and, including, but not limited to, planning, land acquisition, right-of-way acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. C. Transportation impact fees may also be used to recoup system improvement costs previously incurred by the Gcity to the extent ' that new growth and development will be served by the previously constructed improvements or incurred costs. D. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of system improvements for which transportation impact fees may be expended, such transportation impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section_ and aFe used to seFve the 1 Sec. 12.14.160. Review of Rates. The fees and rates set forth in the Rate Study and the Kent Downtown Rate Memorandum may be reviewed and adjusted by the Gcouncil as it deems necessary and appropriate in conjunction with the annual update of the capital facilities plan element of the C-city's comprehensive plan. 21 Transportation Impact Fees Amend KCC 12.14 Sec. 12.14.170. Administrative Fees. A. For each transportation impact fee a5ses5-edimpcse-d, there shall be charged an administrative fee in an amount of the greater of three hundred dollars ($300) or one percent (1%) of the amount of the total t transportation impact fee. The administrative fee shall be deposited into an administrative fee account within the transportation impact fee account(s). Administrative fees shall be used to defray the city's actual costs associated with the assessment and collection and update of the transportation impact fees. An administrative fee is not refundable or creditable. B. The administrative fee shall be paid by the Ffeepayer at the same time as the transportation impact fee is collected; provided, however that the administrative fee shall be due at the time of building permit issuance when the director has deferred payment of fees.assesse T. Sec. 12.14.180. Existing Authority Unimpaired. Nothing in this title shall preclude the G-city from requiring the Feepaye+=feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions. se leng as-t-he Compliance with this chapter and/or payment of fees under this chapter shall not constitute a—evidence of a determination of transportation concurrency. Sec. 12.14.190. City of Kent Transportation Impact Fee Schedule. Annually, prior to July 1 of each year, the director shall publish transportation impact fee schedules for downtown Kent and the 22 Transportation Impact Fees Amend KCC 12.14 1 rarea outside downtown Kent consistent with the Kent Downtown Rate Memorandum, the Rate Study and this chapter. rates will b.- effeEtive U�11-&Hgli June 330r ��. ��j 11 1. the Fates may be made in aeEeFdanee wit.. SECTION 2. - Captions. The chapter and section captions used in this title are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this title. r SECTION 3. - Severabilitv. If any portion of this title is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other chapter or any other section of this ' title. rSECTION 4. - Short Title. Ch. 12.14. KCC created by this ordinance shall be known and may be cited as "the Ccity of Kent Transportation Impact Fee Ordinance." SECTION S. - Corrections by Clty Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, rcodes, rules, or regulations; or ordinance numbering and section/subsection numbering. 1 SECTION 6. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. r rSUZETTE COOKE, MAYOR 23 Transportation Impact Fees Amend KCC 12.14 1 r ATTEST: 1 BRENDA JACOBER, CITY CLERK t , f i r 1 1 f 1 f t 24 Transportation Impact Fees Amend KCC 12.14 r APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12010. APPROVED: day of 12010. iPUBLISHED: day of , 2010. 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 I' 25 Transportation Impact Fees Amend KCC 12.14 i r Resolution No . 1828 r (Amending or Repealing Resolutions) rCFN = 1000 — Planning Department Passed — 6/1/2010 Amend Planning and Land Use Fees Amend Res. 1740 1 1 � r r r r 1 1 ,tC r . t r RESOLUTION NO. a A RESOLUTION of the City Council of the City of Kent, Washington, amending Resolution 1740 by establishing a fee concerning the deferral of certain development mitigation fees. RECITALS A. The Kent City Council has established a number of fees by resolution rather than by ordinance so that the fees may be adjusted by council without amending the text of the Kent City Code. The city has adopted an ordinance allowing applicants to defer certain development mitigation fees through the use of a fee deferral lien. An applicant wanting to use such a lien is required to pay the city's costs incurred to administer the process. B. It is appropriate to amend Resolution No. 1740, Business License, Planning and Land Use, and Permit Inspection Fees, to include a fee for the city's costs of administering the fee deferral lien process, and adopt this replacement resolution which establishes a new fee for the fee deferral hen. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Amend Planning and Land Use Fees ' RESQLUTION SECTION 1. - Resolution No. 1740. Planning and Land Use Application Fee Schedule and Fee Schedule Notes Amended - Exhibit E Superseded. The attached and revised Exhibit A shall supersede in its entirety Exhibit E to Resolution No. 1740. SECTION 2. - Savings. Resolution No. 1740 and the fees ' established by that resolution and its applicable exhibits, which are amended by this resolution, shall remain in full force and effect until the ' date the new fees are assessed and collected in accordance with this resolution. SECTION 3. - Severabilrty. 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 4. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 5. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. ? SECTION 6. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. However, the new fee schedule 2 Amend Planning and Land Use Fees adopted by this resolution shall not take effect nor be assessed and , collected until the effective date of Ordinance No. .j�6O PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day , 2010. ' CONCURRED in by the Mayor of the City of Kent this day of ' 2010. E COOKE, MAYOR ATTEST: - BRENDA JACOBER67tTY CLERK _ APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY i 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 o , 2010. BRENDA JACOB CITY CLERK , P\CivillResolutior*3eferiiJOtPeesgesofnti�t docx 3 Amend Planning and Land Use Fees Exhibit"A" City of Kent Planning and Land Use Fees Permit Application Type Fee Notes Accessory Dwelling Unit $54 (1) Appeal of Administrative Interpretation / Decision $215 Appeal of SEPA Determination $215 Appeal of Short Plat $215 Binding Site Plan $539 Binding Site Plan Modification 5323 / $431 (2) Code Text Amendment $539/ $1,616 1 (12) (13) Combining Districts $1,616 (12) Comprehensive Plan Map Amendment $1,616 (12) Comprehensive Plan Text Amendment $1,616 (12) ' Conditional Use $2,154 (15) Downtown Des,g-i Review $215/ S539 (3) (16) Fee Deferral Lien 5202 (20) ' Lot Line Adjustment $323 (4) Lot Line Elimination $108 (5) Mixed Use Design Review $539 (16) Multi-Family Design Review $539 + $11/unit (16) Multi-Family Dwelling Tax Exemption - Conditional Application $150 + $25Junit (18) MultrFamdy Dwelling Tax Exemption - Final Application $150 (19) Multi-Family Tax Exemption Appeal - Conditional, Final, Extension $100 Multi-Family Tax Exemption Extensior of Conditional Certificate $100 Tentative Planned Unit Development Plan $269 ' Planned Unit Development Plan $2,693 + $50/unit Planned Unit Development Plan Modification $259 / $808 (6) Plat Modificat on/Alteration Minor 1/4 of plat fee Minor/Major Major 1/7.of plat fee (17) Pre-Application Conference $269 Public Notice Board $108 (7) SEPA Checklist $269 / $754 (8) SEPA Modification $81 / $269 (9) SEPA Exempt Determination $215 ' SEPA Environmental Impact Statement $2,154 + deoosit (10) Shoreline Conditional Use $1,292 (15) Shoreline Exempt Determination $215 Shoreline Suostantial Development $1,077 Shoreline variance $808 (15) Short Plat (2-4 lots) $808 Short Plat (5-9 lots) -Tentative Plat $269 ' Short Plat (5-9 lots) - Preliminary Plat $2,154 + 554/lot fy 1 Permit Application Type Fee Notes Short Plat (5-9 lots) - Final Plat $1,616 + $22/lot Sign Permit $162 ' Special Home Occupation Permit $323 (15) Subdivision - Tentative Plat $269 Subdivision - Preliminary Plat $3,770 + $54/lot Subdivision - Final Plat $2,154 + $22/lot Temporary Use $108/ $269/ $162 (11) Temporary Sign $81 , Variance - Administrative $323 Variance - Single Family Dwelling $323 (15) Variance - Sign &Other than Single Family Dwelling $2,154 (15) wTF Administrative Permit $323 WfF Conditional Use $2,154 Zone Map Amendment (Rezone) $2,154 (12) , Zoning Permit/ Site Plan Review $27/ $54/value (14a-14e) (16) Zoning Determination/ Compliance Letter $54 (CONT.) ' City of Kent Planning and Land Use Fees CITY OF KENT PLANNING AND LAND USE FEE SCHEDULE NOTES (Effective October 21, 2004) (1) $54 fee is applicable for an attached accessory dwelling unit, an interior accessory dwelling unit or for a detached accessory dwelling unit in a single-family residential zone. The fee Includes the cost of the Planning Services Office recording of the accessory dwelling unit , covenant documents with King County. An accessory living quarters in a commercial or industrial zone is subject to the applicable construction value-based fee. , (2) Any changes to an approved, but unrecorded Binding Site Plan are subject to the $323 fee for a modification to a Binding Site Plan. Any , changes to a recorded Binding Site Plan are subject to the $431 fee for a modification to a Binding Site Plan. (3) The $215 fee is applicable to minor alterations and improvements. , The $539 fee is applicable to all new buildings, redevelopment, and major alterations and improvements. ' (4) Fee includes the cost of the Planning Services Office recording of the lot line revision documents with King County. (5) The $108 fee is applicable to the elimination of lot lines between two or more parcels in the same ownership. The fee includes the cost of the Planning Services Office recording of the lot line revision documents with King County. All other types of lot line adjustments, except for a lot line elimination, are subject to the lot line adjustment fee schedule. (6) Any minor change to an approved Planned Unit Development Plan is subject to the $269 fee for a modification. Any major change to an approved Planned Unit Development Plan is subject to the $808 fee for a modification. (7) The Planning Manager has the authority to change this fee as needed to cover City expenditures. (8) The $269 fee is applicable only to SEPA review of construction of one single family dwelling on an individual parcel. All other SEPA checklist applications are subject to the $754 fee. (9) The $81 fee is applicable only to modifications to a SEPA determination for one single family dwelling on an individual parcel. All other modifications to a SEPA determination are subject to the $269 fee. (10) $2,154 fee plus a deposit, equal to the estimated cost of contract services necessary to complete the EIS process, must be submitted to the city. (11) Temporary Use Permits 0-30 days .............................$108 31-90 days............................. $269 Extensions beyond 90 days ...... $162 (12) Application requires public hearings. If multiple permit applications which require the same hearing procedure are submitted at the ' same time, the applicant will be charged the full fee for the permit application with the highest fee and 50% of the established fee for each of the other permits eligible for a consolidated review and hearing. (13) The $539 fee is applicable to amendments to Single Family ' Residential zones only. Amendments to all other zoning districts or sections of the zoning code are subject to the $1,616 fee. (14) a) The $27 fee is applicable for Minor Single Family Dwelling Construction on an existing dwelling such as a deck, minor addition of less than 250/c of existing floor area, interior remodel or accessory building of 500 square feet or less on ' the same lot as the existing dwelling. b) The $54 fee is applicable for Major Single Family Dwelling r Construction on an existing dwelling such as major addition of more than 25% of existing floor area or an accessory building , of more than 500 square feet on the same lot as the existing dwelling. c) All new single family dwelling construction in a residential ' zone is subject to the following fee schedule: Development Services t Construction Value Fee $0 - $74,999 ...................................$54 , $75,000-$124,999............................$108 $125,000 - $224,999........................$215 Over $225,000.................................$323 d) All new buildings, tenant improvements, an accessory living ' quarters in a commercial or industrial zone and other construction and development activity, other than single family dwelling construction, is subject to the following fee , schedule: Development Services Construction Value Fie $0 - $99,999 ...................................$359 $100,000-$249,999..........................$718 $250,000 - $499,999........................$1,077 $500,000 - $999,999........................$1,436 , $1,000,000 - $4,999,999 ..................$2,154 $5,000,000 - $10,000,000.................$2,872 Over $10,000,000. ..........................$3,590 , e) The zoning permit fee for those development projects for which no building permit is required but which requires site plan review and a zoning permit, shall be based on the value of the proposed development to be undertaken. The value of the proposed construction/ development shall be determined based on professional estimates by a licensed engineer, architect, landscape designer or contractor. These estimates may include, but are not limited to, grade and fill of the site, paving, placement of utilities, lighting, landscaping, and other site improvements. The combined total of the cost estimates ' for all development on the site shall be the established value basis for the zoning permit fee [as listed in 14c or 14d ' categories above as appropriate]. (15) Application requires a public hearing before the Hearings Examiner. If multiple permit applications which require a HE decision are submitted at the same time, the applicant will be charged the full fee for the permit application with the highest fee and 5011/o of the established fee for each of the other permits eligible for a consolidated review and hearing. (16) Application fees may be reduced by 750/b if the application is for a mixed-use building. Fee reduction applies to site plan review/zoning permit, mixed use design review, multi-family design review and I downtown design review. Fee waivers do not apply to SEPA, short plat, subdivision or other permit requests associated with the development of a site, nor does fee reduction apply to mixed use ' development where the commercial and residential uses are not located within the same building (17) Plat alteration fees are determined after review whether the changes requested are minor or major. A minor change is done administrative and the fee is 0.27 the cost of the original preliminary plat fee. A major change requires a public hearing or meeting and the fee Is 0.54 the cost of the original preliminary plat fee. A public notice board is required for a major alteration. ' (18) The maximum fee shall be $539. ' (19) These funds are distributed to the King County Assessor's Office by the City. (20) A fee deferral lien may be used in association with building permits and water permits associated with single family residential homes built for resale. Any fee deferral shall include drainage system development fee, water system development fee, traffic mitigation payments and school impact fees. P \Civil\Resolution\DeferralOfFeesResolution.docx i 1 RESOLUTION NO. tA RESOLUTION of the City Council of the City of Kent, Washington, amending Resolution �I 1828 to modify the list of development mitigation fees to which the fee deferral lien applies. RECITALS A. The Kent city council has established a number of fees by resolution rather than by ordinance so that the fees may be adjusted by council without amending the text of the Kent City Code. The city has adopted an ordinance allowing applicants to defer certain development ' mitigation fees through the use of a fee deferral lien. An applicant wanting to use such a lien is required to pay the city's costs incurred to ' administer the process. B. It is appropriate to amend Resolution No. 1828; Business License, Planning and Land Use, and Permit Inspection Fees; to include the newly adopted transportation impact fee among those development mitigation fees to which the fee deferral lien applies. 1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ' WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Resolution -Amend ' Planning and Land Use Fees I� r RESOLUTION SECTION 1. - Resolution No. 1828. Exhibit A to Resolution No. ' 1828 is the Planning and Land Use Application Fee Schedule and Fee Schedule Notes. The attached and incorporated Attachment 1 shall ' supersede in its entirety Exhibit A to Resolution No. 1828. 1 SECTION 2. - Savinos. Resolution No. 1828 and the fees established by that resolution and its applicable exhibits, which are , amended by this resolution, shall remain in full force and effect until the date the new fees are assessed and collected in accordance with this resolution. r SECTION 3. - 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 4. - Ratification. Any act consistent with the authority ' and prior to the effective date of this resolution is hereby ratified and affirmed. , SECTION 5. - Corrections by City Clerk or Code Reviser. Upon ' approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and , section/subsection numbering. SECTION 6. - Effective Date. This resolution shall take effect and ' be in force immediately upon its passage. 2 Resolution -Amend Planning and Land Use Fees r r ' PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2010. ' CONCURRED in by the Mayor of the City of Kent this day of 2010. ' SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. ' passed by the City Council of the City of Kent, Washington, the day of , 2010. BRENDA JACOBER, CITY CLERK P:\evil\Resolution\Deferra10fFeesResolutionTIF docx 3 Resolution -Amend Planning and Land Use Fees Attachment 1 City of Kent Planning and Land Use Fees Permit Application Type Fee Notes Accessory Dwelling Unit $54 (1) Appeal of Administrative Interpretation / Decision $215 Appeal of SEPA Determination $215 Appeal of Short Plat $215 Binding Site Plan $539 ' Binding Site Plan Modification $323 / $431 (2) Code Text Amendment $539/ $1,616 (12) (13) Combining Districts $1,616 (12) , Comprehensive Plan Map Amendment $1,616 (12) Comprehensive Plan Text Amendment $1,616 (12) Conditional Use $2,154 (15) ' Downtown Design Review $215 / $539 (3) (16) Fee Deferral Lien $202 (20) Lot Line Adjustment $323 (4) ' Lot Line Elimination $108 (5) Mixed Use Design Review $539 (16) Multi-Family Design Review $539 + $11/unit (16) ' Multi-Family Dwelling Tax Exemption - Conditional Application $150 + $25/unit (18) Multi-Family Dwelling Tax Exemption - Final Application $150 (19) Multi-Family Tax Exemption Appeal - Conditional, Final, Extension $100 Multi-Family Tax Exemption Extension of Conditional Certificate $100 Tentative Planned Unit Development Plan $269 Planned Unit Development Plan $2,693 + $50/unit , Planned Unit Development Plan Modification $269/ $808 (6) Plat Modification/Alteration Minor 1/4 of plat fee Minor/Major Major 1/2 of plat fee (17) Pre-Application Conference $269 Public Notice Board $108 (7) SEPA Checklist $269/ $754 (8) ' SEPA Modification $81 / $269 (9) SEPA Exempt Determination $215 SEPA Environmental Impact Statement $2,154 + deposit (10) ' Shoreline Conditional Use $1,292 (15) Shoreline Exempt Determination $215 Shoreline Substantial Development $1,077 Shoreline Variance $808 (15) Short Plat (2-4 lots) $808 Short Plat (5-9 lots) - Tentative Plat $269 ' Short Plat (5-9 lots) - Preliminary Plat $2,154 + $54/lot 1 Permit Application Type Fee Notes Short Plat (5-9 lots) - Final Plat S1,616 + $22/lot Sign Permit $162 Special Home Occupation Permit $323 (15) Subdivision -Tentative Plat $269 Subdivision - Preliminary Plat $3,770 + $54/lot Subdivision - Final Plat $2,154 + $22/lot Temporary Use $108/ $269/ $162 (11) Temporary Sign $81 Variance - Administrative $323 Variance - Single Family Dwelling $323 (15) Variance - Sign &Other than Single Family Dwelling $2,154 (15) WTF Administrative Permit $323 WTF Conditional Use $2,154 ' Zone Map Amendment (Rezone) $2,154 (12) Zoning Permit/ Site Plan Review $27/ $54/value (14a-14e) (16) Zoning Determination /Compliance Letter $54 CITY OF KENT PLANNING AND LAND USE FEE SCHEDULE NOTES (Effective August 3, 2010) (1) $54 fee is applicable for an attached accessory dwelling unit, an interior accessory dwelling unit or for a detached accessory dwelling ' unit in a single-family residential zone. The fee Includes the cost of the Planning Services Office recording of the accessory dwelling unit covenant documents with King County. An accessory living quarters ' in a commercial or industrial zone is subject to the applicable construction value-based fee. ' (2) Any changes to an approved, but unrecorded Binding Site Plan is subject to the $323 fee for a modification to a Binding Site Plan. Any changes to a recorded Binding Site Plan are subject to the $431 fee ' for a modification to a Binding Site Plan. (3) The $215 fee is applicable to minor alterations and improvements. The $539 fee is applicable to all new buildings, redevelopment, and major alterations and improvements. ' (4) Fee includes the cost of the Planning Services Office recording of the lot line revision documents with King County. iF ' (5) The $108 fee is applicable to the elimination of lot lines between two or more parcels in the same ownership. The fee includes the cost of the Planning Services Office recording of the lot line revision documents with King County. All other types of lot line adjustments, except for a lot line elimination, are subject to the lot line adjustment fee schedule. (6) Any minor change to an approved Planned Unit Development Plan is subject to the $269 fee for a modification. Any major change to an ' approved Planned Unit Development Plan is subject to the $808 fee for a modification. (7) The Planning Manager has the authority to change this fee as , needed to cover City expenditures. (8) The $269 fee is applicable only to SEPA review of construction of one ' single family dwelling on an individual parcel. All other SEPA checklist applications are subject to the $754 fee. , (9) The $81 fee is applicable only to modifications to a SEPA determination for one single family dwelling on an individual parcel. , All other modifications to a SEPA determination are subject to the $269 fee. (10) $2,154 fee plus a deposit, equal to the estimated cost of contract , services necessary to complete the EIS process, must be submitted to the city. ' (11) Temporary Use Permits 0-30 days .............................$108 31-90 days.............................$269 ' Extensions beyond 90 days ......$162 (12) Application requires public hearings. If multiple permit applications , which require the same hearing procedure are submitted at the same time, the applicant will be charged the full fee for the permit application with the highest fee and 50% of the established fee for ' each of the other permits eligible for a consolidated review and hearing. (13) The $539 fee is applicable to amendments to Single Family ' Residential zones only. Amendments to all other zoning districts or sections of the zoning code are subject to the $1,616 fee. , (14) a) The $27 fee is applicable for Minor Single Family Dwelling Construction on an existing dwelling such as a deck, minor ' addition of less than 25% of existing floor area, interior remodel or accessory building of 500 square feet or less on the same lot as the existing dwelling. ' b) The $54 fee is applicable for Major Single Family Dwelling Construction on an existing dwelling such as major addition of ' more than 25% of existing floor area or an accessory building of more than 500 square feet on the same lot as the existing dwelling. ic) All new single family dwelling construction in a residential zone is subject to the following fee schedule: Development Services Construction Value Fee $0 - $74,999...................................$54 $75,000-$124,999 ........................... $108 $125,000 - $224,999 . $215 Over $225,000 ................................$323 d) All new buildings, tenant improvements, an accessory living quarters in a commercial or industrial zone and other construction and development activity, other than single ' family dwelling construction, is subject to the following fee schedule: Ij Development Services Construction Value Fee $0 - $99,999 ...................................$359 $100,000-$249,999 .........................$718 $250,000 - $499,999 .......................$1,077 $500,000 - $999,999 ...... .$1,436 $1,000,000 - $4,999,999 ..................$2,154 $5,000,000 - $10,000,000 ................$2,872 Over $10,000,000. ..........................$3,590 e) The zoning permit fee for those development projects for which no building permit is required but which requires site plan review and a zoning permit, shall be based on the value of the proposed development to be undertaken. The value of ' the proposed construction/ development shall be determined based on professional estimates by a licensed engineer, architect, landscape designer or contractor. These estimates may include, but are not limited to, grade and fill of the site, paving, placement of utilities, lighting, landscaping, and other site improvements The combined total of the cost estimates for all development on the site shall be the established value i{ basis for the zoning permit fee [as listed in 14c or 14d categories above as appropriate]. (15) Application requires a public hearing before the Hearings Examiner. If multiple permit applications which require a HE decision are submitted at the same time, the applicant will be charged the full fee ! for the permit application with the highest fee and 50% of the established fee for each of the other permits eligible for a consolidated review and hearing. (16) Application fees may be reduced by 75% if the application is for a mixed-use building. Fee reduction applies to site plan review/zoning permit, mixed use design review, multi-family design review and downtown design review. Fee waivers do not apply to SEPA, short plat, subdivision or other permit requests associated with the development of a site, nor does fee reduction apply to mixed use development where the commercial and residential uses are not located within the same building (17) Plat alteration fees are determined after review whether the changes requested are minor or major. A minor change is done administrative and the fee is 0.27 the cost of the original preliminary plat fee. A major change requires a public hearing or meeting and the fee is 0.54 the cost of the original preliminary plat fee. A public notice board is required for a major alteration. (18) The maximum fee shall be $539. (19) These funds are distributed to the King County Assessor's Office by the City. (20) A fee deferral lien may be used in association with building permits ! and water permits associated with single family residential homes built for resale. Any fee deferral lien shall include the drainage system development fee, water system development fee, transportation mitigation payments, and traffic impact fees. i 1 44 City of Kent � KEAIT W hB HiNOTON Rate Study for Transportation Impact Fees May 2010 I M 4 -4' � b Rate Study for Transportation Impact Fees ' KE�*T Prepared for The City of Kent Public Works Department 400 W Gowe Street Kent,Washington Prepared by ftll FEHK & PEERS 11410 NE 122nd Way,Suite 320 Kirkland,Washington 98034-6927 (425)820-0100 May 2010 1 1 Rate Study for Transportation Impact Pees KENT INTRODUCTION 'flits report summartzes the policy and technical development of a Transportation Impact Fee program for the City of Kent,Washington The following sections describe the nnpact fee program methodology,the analyses performed,and the resulting recommendations. DEFINITION OF IMPACT FEES Impact fees are a broad category of charges on new development assessed to pay for capital improvements necessitated by new development(e g,parks,schools,streets and roads, etc) Transportation impact fees are collected to food improvements that add capacity to the transportation system to accommodate the travel demand added by new development ' The Revised Code of Washington(RCW 82 02 050)defines the legislation as intended to ensure that adequate facilities are available to serve new growth,to establish standards by which new growth and development pay a propoi tionate share of the cost of new taedihes needed to serve new growth and development,and to ensure that compact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees foi the same impact LEGAL BASIS ' The primary enabling mechanism for imposing impact fees in Washington is the Growth Management Act(GMA) Pi for to the passage of the GMA,local agencies primarily relied on the State Envuonmental Policy Act(SEPA)process to iequire developers to fund mitigation projects necessitated by new development The GMA,passed in 1990,modified time portion of RCW 82 05 050 regarding impact fees and specifically authorized the use of impact fees for areas planning under the Growth Management Act The GNIA allows impact fees for system improvements that reasonably relate to the impacts of new development,and specifies that fees are not to exceed a proportionate share of the costs of unprovements The GMA allows impact fees for'streets and roads' Fot purposes of this rate study,tine term'transportation'means'street and moads'as identified in the GMA For a city to impose GMA impact fees,the following specific provisions are required • The city must have an ordinance authorizing impact fees; • Fees may apply only to improvements identified in a Capital Facilities Plan; • The agency must establish one or more service areas for fees, 2 Rate Study for Transportation Impact Fees KENT • A formula or other method for calculating impact fees must be established, • The fees cannot be used to finance the porhon of improvements needed to pay for existing capacity deficiencies (Note the fees can be used to recoup the cost of improvements aheady made to address the needs of future development), • The fees may not be arbitrary or duplicative, • The fees must be earmarked specifically and be retained in special interest-bearing accounts, • Fees may be paid under protest,and, Fees not expended within six years must be refunded with interest A sound accounting system is therefore important to ensure that the impact fees collected are assigned to the appropriate improvement projects and the developer is not charged twice for the same improvements. GUIDING PRINCIPLES A set of guiding principles provided consistent direction for development of the transportation unpact fee program The program should • Be legally and technically defensible(provide a nexus to impact), • Be financially constrained, • Be fair,consistent and predictable in its development and application, • Have reasonable rates based on miproveinents necessary to accommodate new growth and development under the Comprehensive Plan, • Be simple to administer and not preclude other requirements of SEPA such as safety issues,access improvements,etc,and, • Address multi-jurisdictional issues as much as practicable These guiding pi mciples were used to test alternative ideas and select an appropriate method of calculating impact fees for the City and Annexation Areas. jIMPACT FEE ANALYSIS The impact fee structure for the City of Kent was designed to determine the fair share of transportation improvement costs that may be charged to new developments 3 i Rate Study for Transportation Impact Fees KENT The flow of steps involved in the Kent impact fee process is shown in Figure 1 The starting point for the impact fee strucluie was the impact tee piolect improvement list,composed of selected transportation capacity piojects from the City's Tianspoitation Element(adopted June 2008) This list was updated in May 2010 to account for changes in project costs and schedule assumptions This updated list of projects was then analyzed to determine what proportion of need is due to existing deficiencies Figure 1. Impact Fee Process Cost allocation was the next step in the process _ Eligible ptoject costs were dishrbuted either within ""``j1 +i the City and Annexation Areas of to external areas Pr°Ie A Land Use Travel modeling and land use data were provided Improvement List 2006 and 2030 by the City's travel demand model The next component calculated the"cost per trip" Travel Forecasts by dividing the total cost of growth projects by the - -- �:] number of new trips forecast in the shady area The , final component adjusted the"cost per trip" i information to prepare a detailed impact fee Separate E asking Defiaenraes schedule for Kent The fee schedule shows fees as and G owth Related Prefects I dollars pet unit of development for different land use categories + IMPACT FEE PROJECT LIST Run Travel Demand Model i Washington State law(RCW 82 02 050)specifies T that Transportation Impact Fees are to be spent on "systemimprovements" System improvements Travel Growth(2006-2030) can include physical or opeiational changes to (TripAltocation) existing streets as well as new street connections that are built in one location to benefit projected needs at another location Growth Cost Allocation (Cast;Average Cosl Per New Tnp) During the development of the City's Transportation Master Plan and Comprehensive 41 Plan Element,the City identified street and road r projects needed by 2030 to meet the adopted Level Impact Fee SehedUle of Service(LOS)standards These capital projects form the basis for the City's impact fee project list i The street and road projects were adopted in June 2008 within the Transportation Element of the Comprehensive flan The Transportation Element is specified as the source of load and sheet projects in the Capital Facilities Plan Element The impact fee project list,shown in Table 1,includes 28 projects These projects,mapped in Figure 2,form the basis for the City's transportation funding progiaun The total project hst equals$388 9 Million(2010(1ollars) 4 i i Rate Study for Transportation impact Fees •a''�KENT Table 1. List of Transportation Projects S 196th StreeU80th Avenue S-Change intersection I-2 7 hasmg and lane_approaches $250,000 „ Smith SULmcoln Ave(Smart Growth Initiative)-Add eastbound left turn pocket including the construction of new 1-12 8 traffic signal $1.175,000 Smith Street/Central Avenue-Revise soulhbound and 1-14- 8 northbound turn lane assignment_ _ $20,000 oMeeker StNVashington Ave-Modify signal phasing Add 1-15 $ eastbound and westbound-right turn pockets $780,000 ' Kent-Kangley Rdl108th Avenue SE-Add eastbound and westbound dual left turn lanes Add eastbound right turn e 1-19 4 pocket Change northbound Light turn phasing_ $1,410,000 SE 256th Street and 132nd Ave SE-Extend northbound left,soulhbound left,and westbound left turn pockets 1-20 I, Construct new eastbound and soulhbound right turn lanes $525,000 S 272nd SUMilitary Rd-Add a southbound through lane at 1-22 1 intersection Add northbound dual left turn lanes $1,540,000 72nd Ave S(S 200th St to S 196th St)-Extend roadway to _connect to S 1961h St $1.250,000_ S 224th St(84th Ave S to 104th Ave SE(Benson Rd- SR515)-Extend roadway to conect to E Valley Hwy and y N-3 5_ widen ewstm road to 3-5 lanes $30 500 000 z -- 108th Ave SE(SE Kent Kangley Rd(SR 516)to SE 256th N-5 5 St)-Extend roadway connection to SE 256th St $3,400,000 L a R-1 11 S 212th St/Union Pacific Railroad-Grade Se ara6on $30,000,000 A S 212ih SUBurhngton Northern Santa Fe Railroad-Grade ro R-2 11 Separation $35,000,000 m I H--3 1 1 S 228th St I Union Pacific Railroad -Grade Separation $25,000,000 � Willis St(SR 516)/Un+on Pacific Railroad-Grade _If _ Separation $20,000,000 Willis Street(SR 516)/Burlington Northern Santa Fe Railroad-Grade Separation $27.000,000 5 Rate Study for Transportation Impact Fees KENT 801h Ave S Widening(S 196th St to S 188th St) Widen to 5 lanes $5,500,000_ S 212thl208th Street(SR 167 to 108th Avenue SE)-Widen _ to 5-6 lanes _ $12,100,000 116th Ave SE(SE 2401h St to SE 256th St)Phase I-Widen th1i5A to 5 lanes with bike lanes_ $18,200,000 116th Ave SE(SE 208 St to 240th St)Phase 11-Widen to 5 lanes with bike lanes $36,500,000 132nd Ave SE(SE 224th St to SE 208th St)-Phase IV Widen to 5 lanes with bike lanes $14,600,000 132nd Ave SE-Phase III(SE 2481h St to SE 224th St)- Widen to 5 lanes with bike lanes $18,700,000 Military Rd S(S 272nd St to S 240th St)-Widen to provide l a center turn lane bike lanes and sidewalks $18,500,000 W Meeker St Phase I(64th Ave S to Green River Bridge)- ' 02 '1011,11f Widen to 5 lanes _ $7,200,000 SE 2481h St(1161h Ave SE to 132nd Ave SE)-Construct a 3 laneroadway_TIP starts at 109th Ave $13,300,000 SE 256th St-Phase II(SR 516(Kent Kangley Rd)to 116th Ave SE)-Construct a 5lane roadway with bike lanes $7,000,000 SE 256th St-Phase III(132nd Ave SE to 148th Ave SE)- Widen to 5lanes with bike lanes _ $19,500,000 132nd Ave SE-Phase II(Kent Kangley Rd(SR 516)to SE 2481h St)-Widen to 5lanes with bike lanes $25000,000 132nd Ave SE-Phase I(SE 288th St to Kent Kangley Rd W-eft ., SR 516 -Widen to 5 lanes with bike lanes $14,800,000 WTotal Cost $388,850,000 TMP 9=Transportation Master Plan Number Group#=Travel Model Select Link Group 6 3.a i r m a n m ��3 N EE l=t LL C Q a E U m u L � C3. F ICE tt 1 1 U — iL 1L 3 F�[!ZCL � ! 3! 3„e ( t c, e i .3 . - iiBpt> r I 1 Rate Study for Transportation Impact Fees KENT DEFICIENCY ANALYSIS RCW 82 02 050(4)(a)requires that the capital facilities element of a jurisdiction's comprehensive plan identify"deficiencies in public facilities serving existing development" Future development cannot be held responsible for the portion of added capacity needed to serve existing development The tollownig section describes the deficiency methodology used for the City of Kent Level of Service To adequately assess both the extent of the existing road deficiencies(if any)and the magnitude of the future needs on city roads,a standard evaluation criterion was developed The criterion was selected to be unnfoim,consistent,and easily applied to the available road traffic volume data Transportation planners and engineers use the term"level of service"(LOS)to measure the operational performance of a transportation facility For roads and intersections,this measure considers the perception by motorists and passengers in terms of speed,travel time,freedom to maneuver,traffic interruptions and delays,comfort and convenience Levels of service are given letter designations,from A to P,with LOS A representing the best operating conditions(free flow,little delay)and LOS F the worst(congestion,long delays) Generally,LOS A and B are good,LOS C and D are moderate,and LOS E and F represent congested conditions 'The City of Kent used roadway corridors to evaluate the level of service The methodology calculates the LOS operation for key core ldor intersections(m seconds of delay)and then develops a corridor-wide average based upon a weighting of the corridor intersection volumes This method provides a"corridor-wide"result,allowing some intersections to operate at a congested LOS as long as the overall corridor operation is maintained Level of Service Corridors For the LOS analysis,the City chose 16 corridors including the downtown street system, which was represented as a zone The corridors represent the primary north-south and east- west travel routes within the City,Non-Kent corridors,such as 1-5 and SR167 were not included in the evaluation Since traffic flows along multiple streets in the downtown grid, the downtown area of Kent is treated as a zone rather than a corridor Me corridors and their limits are described in the Tiansportahon Element of the Comprehensive Plan i 1 r For the analysis of the Crty's roadway system during the PM peak hour Synchro 614 software was used to calculate the intersection level of service This software considers the traffic volumes,signal timing and phasing,presence of pedestrians and transit and topographic features to estimate the LOS operation of the intersections The evening commute Game conditions were analyzed at each corridor intersection to calculate the existing PM peak hour LOS conditions The weighted average LOS for each eorndor in the analysis was calculated using the LOS results of each intersection 8 1 i Rate Study for Transportation Impact Fees KENT , The City has set the level of service(LOS)standard to require that most corridors operate at LOS E or better during the PM peak hour 2 Conidors that operate below this adopted ' standard are considered deficient The City allows two locations,Pacific Highway south(SR 99)and downtown Kent to operate at LOS F Pacific Highway has an LOS F standard since it is largely outside of the City's control and is designated as a Highway of Statewide Significance The City recently improved SR 99 and hither widening is unlikely The operation of SR 99 is highly dependent upon travel conditions along 1-5 Downtown Kent is also designated with an LOS F standard The City considers the downtown street system to be largely complete and few street capacity increases are I available The City also recognizes that traffic conditions in downtown Kent are heavily influenced by conditions on the State highways,SR 167 and SR 18 City policies encourage non-auto modes such as transit,pedestrian,and bicycle for travel within downtown Kent Table 2 defines the corridors and identifies the impact fee ptojects located within each corridor Table 2. Corridors for LOS Analysis Corridor List of From To Impact Fee Projects within 10 Area the LOS Corridor' S 196th SUSE 192nd St 1 Corridor W Valley Highway SR 515(Benson) 1.2,N-2°,W-1` 2 S 212th SUS 208th St 42nd Ave S 132nd Ave SE R-1,R-2,W-2 3 S 224th SUS 228th St SR 516/Mihtary Road S 228th SU 84th Ave S R-3 4 James SlreeUSE 240th St 64th Ave S 132nd Ave SE W-5`,W-9` + 5 S 260th Slreelf Redh SR 99 Washington Ave W-10`,W-12,1-15 Road/W Meeker Street Smith SU Canyon Drive/ 6 2561h St/Kent-Kangley Rd Jason Avenue 152nd Way SE 1-14,W-14`,W-19' 7 S 2561h Street SR 515 132nd Ave SE W-14,W-15,N-5',W-5',W-9`, W-17` 8 S 272nd Street SR 99 Military Road 1-22,W-10` 9 Pacific Highway S S 240th Street S 272nd Street None 10 Military Road 231 st Street S 272nd Street 1.22,W-10 11 64th Avenue S S 212th Street Meeker Street None I 12 Washington Ave/66th Ave S 196th Street Meeker Street 1-15 S/W Valley Hwy 13 Central Ave/84th Ave S S 196th Street James Street None 14 SR 515/Benson Ave SE 192nd Street SE 256th Street N-3',W-14' 15 116th Ave SE SE 208th Street Kent-Kangley Road W-5,W-13`.W-14' r The Gty's PM peak houroecurs bahveen 4 30 and 5 30 pm 9 i i Rate Study for Transportation Impact Fees KENT — Corridor List of From To Impact Fee Projects within ID Area the LOS Corridor 16 132nd Ave SE SE 208th Street Kent-Kangley Road 1-20, W-6, W-9, W-17, W-19, W-13`,W-15' 17 Downtown Area 4th Ave N to E Titus St James St to W Willis St 1-12,1-14,R-5,R-6 1-TMP Project Number - Crosses another TMP Project at the intersection Deficiency Analysis Results In order to calculate deficiencies,the Transportation Master Plan provided data on existing J level of service(1.05)for each con idor,as shown in Table 3 the analysts showed that the LOS of each corridor is currently within the City's adopted standard,except for corridor 48 The deficiency method is based on the amount of excess'existmg traffic'that exceeds the current capacity of the corridor The formula for determmurg the existing deficiency percentage of a cot ridor follows Existing Derciency Percentage=[existing corridor delay-LOS standard delay] [existing corridor delay-improved corridor delay] I The'existntg corridor delay' is calculated using existing traffic counts and existing street geomehics The'LOS standard delay'is the maximum delay for the adopted LOS standard, based upon the Highway Capacity Manual The'mtpioved cot riclor delay'is calculated using existing traffic counts and the street geometries that include the impact fee projects in that corridor I he existing deficiency percentage for Corridor#8 IS 272nd Street)would be calculated as follows Existing Deficiency Percentage=(96 seconds(existing)-80 seconds(standard)] -[98 seconds-36 seconds(with improvement)] Existing Oeficiency Percentage=(98-80]-(98-36]= 18162=29% As a result,29 percent of the street Improvement capacity in this corridor is attributed to an existing deficiency I11e 29 percent deftciency was applied to the four projects within corridor It 8,as follows Total Cost Existing Existing TMP# Project Description Estimate Deficiency Deficient Percent Amount W-10 Military Road Widening-S272nd Street to S 2401h Street $18,500.000 29% $5,365,000 1-22 S 272nd Street&Military Road 1,540,000 29% 446,600 TOTAL $20,040,000 $5,811600 10 i i t 1 t Rate Study for Transportation Impact Fees KENT Table 3.Level of Service Deficiency Analysts 1 Corridor LOS LOS ID Area _ From To Standard 2006 Deficient 1 S 196th SUSE 192nd St W Valley Highway SR 615(Benson) E D 0% Corridor 2 S 212th SUS 208th St 42nd Ave S 132nd Ave SE E C 0% 3 S 224th SUS 228th St SR 516/Military Road S 228th SU 84th Ave S E D 0% 4 James S1reeVSE 240th St 641h Ave S 132nd Ave SE E D 0% 5 S 260th Street/Redh Road/ SR 99 Washington Ave E D 0% W Meeker Street 6 Smith SU Canyon Drive/ Jason Avenue 152nd Way SE E E 0% 256th St/Kent-Kangley Rd 7 S 256th Street SR 515 132nd Ave SE E E 0% 8 S 272nd Street SR 99 Military Road E F 29% 9 Pacific Highway S S 240th Street S 272nd Sreet F E 0% 10 Military Road 231st Street S 272nd Street E E 0% 11 641h Avenue S S 212th Street Meeker Street E C 0% 12 Washington Ave/68th Ave S 196th Street Meeker Street E D 0% S/W Valley Hwy 13 Central Ave/841h Ave S S 196th Street James Street E D 0% 14 SR 515/Benson Ave SE 192nd Street SE 256Ih Street E E 0% 15 116th Ave SE SE 208th Street Kent-Kangley Road E 0 0% 16 132nd Ave SE SE 208th Street Kent-Kangley Road E D 0% 1 17 Downtown Area 41h Ave N to E Titus St James St to W Willis St F E 0% TRAVEL GROWTH The Kent fMP and the Transportation Element used travel forecasts to 2030 for evaluating transportation needs The City also selected 2030 as a realistic tiine horizon for the unpact fee plogranl Land use growth was input to the City's travel demand model 3 The model converted the land use data into estimates of PM peak hour vehicle trips Using this 3 Models are a tool used to forecast travel demand for local, regional and countywide trips The regional planning organization, the PSRC, has developed a regional model for the Puget Sound Region that was customized for the City of Kent,is explained in the TMP 11 t 1 1 Rats Study for Transportation Impact Fees KENT methodology,the growth estimates resulted in an increase of 13,876 PM peak hour vehicle trip ends"originating within or destined to the City and Annexation Areas between 2007 and 2030 Further details of the travel demand process and results are provided witlhm the ' adopted Transportation Element Future Traffic Growth HOW TRAVEL DEMAND FORECASTS WERE USED The City's travel demand model was used in this study to prepare traffic forecasts The model generates"PM peak hour" vehicle trip-ends based on housing and employment data Then the model distributes the trip ends between different ` zones w1hln the region Finally the model assigns the trips to the roadway network to predict traffic volumes A"select link" assignment procedure provided the origin and destination information for each Source City of Kent Travel Model vehicle trip traveling through a particular (Fehr&Peers) Note Width of line improvement project group indicates greater volumes COST ALLOCATION ' The City's nnpact fee analysis is based on a methodology that distinguishes between roadway SINGLE SERVICE AREA infrastructure improvements that address exishng deficiencies and those that are needed to serve new The Impact Fee Program Is based on a growth For growth--related projects,this method single service area that includes the assumes that traffic generated by future development City and the Annexation Areas The (inside and outside of the City)is the reason for the analyses using the city's traveldemand model indicate that trips unprovement project(s) generated in one part of the city are likely to travel throughout the city, Not all growth-related costs can be attributed to growth impacting many of the Identified within the City of Kent and Annexation Areas The cost projects The estimated average development trip length of 3 9 miles Is allocation piocess distributes the growth costs for each consistent with the geographic range project based upon the travel patterns between the within the city A cdywide impact fee different geographic areas within and outside the City area provides a consistent cost limits Trips that pass through Kent,but do not have nnnlra in rill now iovolnnmonl any origins or destinations internal to Kent,were not allocated to Kent zones That ts, development in Kent is not being charged for growth trips passing"through" the City This "through traffic"amount will have to be covered by other revenues ° A vehicle trip travels between an origin and a destination Each vehicle trip has two trip ends,one each at the origin and destination Trip ends represent the traffic coming to and from an given land use, consistent with trip generation formulas used by the Institute of Transportation Engineers 12 1 t i Rate Study for Transportation Impact Fees KEttiFT Figure 3 summarizes the cost allocation results The total cost of the projects on the impact fee list is$388 9 million Of this amount,the CiLy has identified$0 2 million of growth- committed funding and$5 8 mullion attributable to an existing deficiency The remaining $382 8 million has been split mto'city growths'and'outside city growth components using the City's travel model data The details of this calculation are shown Hi Appendix A. Usumg these data,the average percent of city growth iesponsibility equals 49 percent The city growth percentage,applied to the$382 8 mullion needed funds,yields an amount equal to$188 9 million Plus is the amount that could be charged to new development using impact fees The remaining$193 9 million would need to be obtuned from local,federal, state or other grant resources as detailed in the'I NIP Note that the impact fees are expected to be collected over a 20-year period The final step in the cost allocation process dealt with calculating the"cost per new trip" within Kent,derived by dividing the total project cost by the total number of new PM peak hour trip ends The analysis produced the following results Impact Fee Costs $188,908,794 Divide by New PM Peak Hour Trips +13,876 Equals Cost-per-New-Trip $13,614 The$13,614 per trip rate reflects fire updated impact fee project list and cost estimates The fee schedule is anticipated to pay for a higher proportion of project costs,resulting in a 20- year fee collection of approximately$188 9 million 5 Cily growth includes both the City Limds and Annexation Areas 13 i 1 1 Rate Study for Transportation Impact Fees '°�KEiNT Figure 3. Impact Fee Cost Allocation(2008—2020) Impact Fee Project fist t $388 9 Growth Related investment Needed to Address ; Committed Funding Existing Deficiency $0 2 (<1%) $5.8(2%) s Investment Needed to Address e Future Growth $382 8(98%) City of Growth Portion t Outside City Growth Portion $138 9(49%<of Growth) $193.9(51%of Growth) E Impact Fee Costs Other Funds Needed $188.9 $199.7 Cost Allocation Scenarios ' The proposed impact fee program is part of the comprehensive transportation funding program adopted by Council during the adoption of the'rransportation Master Plan(TMP) The impact fee sates and revenues shown in Figure 3 represent the maxunum levels that the city could charge to meet GMA requirements Impact fee rates lower than these amounts could be adopted,resulting in lowei impact fee revenues and a need to secure more hinds from other sources within the funding program. 14 i State Study for Transportation impact Fees KENT Table 4 documents four potential(4)impact fee funding scenmuos along with ranges of fiords needed from other funding sources These scenauos are illustrative only,since the nitx of funding sources can vary substantially 'rhe following foul scenarios assume vaiymg impact fee rates as a percentage of the maximum eligible fee 1 Maximum allowable=100%of maximum fee 2 67%of maximum fee 3 50°%of maximum fee 4 33%ofmaximum fee Table 4. Transportation Impact Fee Scenarios Percent of Maximum Eligible Fees RevenuelCost Component 33% 50% 67% t00% Impacl Fee Cost Per Tnp End $4,493 $6,807 $9,12l $13,614 Approximate Impact Fee Revenues(2010 2030) $ in Millions $62 3 $94 5 $126 6 $188 9 Grade Separation Padion of Revenues $22 3 $33 8 $45 3 $67 6 Total Funds Needed For Impact Fee Projects $388 9 $388 9 $388 9 $388 9 Growth-Related Committed Funding 1 $0 2 1 $0 2 $0 2 $0 2 Other Funds Required $326 4 $294 2 $2621 $199 8 Withm these scenarios,transportation impact fees could pay between 16 and 49 percent of the total streets capital needs The nmagnihule of impact fees would dictate which other sources of finding would be needed and the niagnitude of those funds Various funding 1 sources are available to address those needs,as described um Chapter 9 of the Transportation Master Plan IMPACT FEE SCHEDULE The impact fee schedule was developed by adjusting the"cost per trip"mfoi ration to reflect differences in hip making characteristics for a variety of land use types within the study area The fee schedule is a table in which fees are represented as dollais per unit for each land use category Table 5 shows the various components of the fee schedule Certain land uses were modified,added,or removed fiom the current fee schedule to ieflect recent development trends within the City and changes to the national trip generation database 15 I Rate Study for Transportation Impact Fees KENT TRIP GENERATION Trip generation rates for each land use type are derived from the Institute of Transportation Engineers(ITE)Trip Generation(8th Edition) The rates are expressed as vehicle trips entering and leaving a property during the PM peak hour Pass-by Trip Adjustment The trip generation rates represent total traffic entering and leaving a property at the driveway points For certain land uses(e g retail),a substantial amount of this traffic is already passing by the properly and merely turns into and out of the driveway These pass- by trips do not significantly impact the surrounding street system and therefore are subtracted out prior to calculating the impact fee The resulting trips are considered"new" to the street system and are therefore subject to the impact fee calculation The"new" trip percentages are derived pat trally from l I data and from available surveys conducted around the country 6 Trip Length Adjustment Another variable that affects traffic impacts is the length of the trip generated by a particular land use The"cost per trip"calculated in the impact fee program represents an average for all new hips generated within Kent Being an average,there will be certain land uses that generate trips of different lengths If a given trip length is shorter than the average, then its relative traffic impacts on the street system will be lower than average Conversely,longer trips will impact a larger proportion of the transportation network In order to reflect these differences,the method includes an adjustment factor,which is calculated as the ratio between the ti ip length for a particular land use type and the"average' trip length for the City Trip length data were estimated using(muted national survey results Since the adjustment uses a ratio,the relative trip lengths are more important than the actual trip length in miles The average new trip length estimated for Kent was 3 9 miles based upon the current mix of land use types within the City I s Trip Generation Sources ITE Trip Generation IN Edition),ITE Trip Generation Handbook(March 2001),Pinellas County(FQ Impact Fee Study (1991),Osceola County(FQ,AIlernatwe Traffic Generation Rate Study(2004),Polk County(FQ Transportation Impact fee Study(2005) 16 1 401111 Rate Study for Transportation Impact Fees � KENT Table 5 Components of Impact Fee Schedule Trip ITE Land Use Und of Basic New Nnw Avg Tdp length Impact Fee Trip Land Use Code Measure Rate Top Rate Length Adjust. Rate ment Cost Pot Trip End 39 $ 13,614 Residential Single Family(Detached) -_ 210 Idwelling lling 1 01 _ 100% 101 3 50 _0 90 --_$12,339 80 220,221,230, lling Mulh-Family 233 ___ 062 100% 062 370 095 __$8,00778 Senior Housing _ _ _ ___251_ lling _ 027 100% 027 280 072 $2,63901 Mobtle Home in MH Park 240 0 59 100% 0 59 2 80 072 __$5,766 72 ---on Commercial-Sources Drive-in Bank ----- 912 sffGFA_ 25 82 60% 1549 150 --0 38 --$81—12 ---- -- - --- --- --- - Hotel 310 roam_ _ 0 59 100% 069 400 103 $8,23817 —320 _room - 247 _100%- 935 _ 200 051 _�6_$6261 Day Care Canter _565 s11GFA 12 46 75% 9 35 2 00 0 51 $65 24 Library 590 sf/GFA_ 73 75% _548 170 044 $3249 Post Office __ 732 sffGFA__ 1112 75% 834 170 044 _$4949 Seryice Station _ —_=944 _____-VFP 1387 _ 40% - _ 5 55- -_ -1.70 _-_0 44 __$32,923 34 Service Station wlmmimart 945 sf/GFA 9708 30% 2912 i 70 0 44 $172 83 Auto Care Center 942 sf7GLA 338 70% 237 220 056 $11117 _Movie Theater 444,445 seal _ 007 _85%__ 006 2 30 059 $477 71- Nealth Club 492,493 sf{GFA 353 75% 265 310 079 $28 65 Commercial-Instilu hona_i Elementary School 520 sf/GFA _ 121 80% 097 _ 1 70 044 $-5 75 MiddlelJr High School -_522 _ s1 GFA 1 19___ 80% —095 _ 270 ___069 $8 97 -High School__ 530 sled _ 097 _80_% _ 078 _3.70 -096 _$1002 Assisted Living,Nursing Nome 254,620 bed 022 100% 022 280 0 72 _$2,150 30 Church ___ 560 _ _ _ sf/GFA 0 55 100% __0 55 3 70 __ 0 95 _ $7 10 - --- --- --- --- Hos ilal 610 sffGFA 114 80% 091 500 128 $1592 Commercial-Restaurant Restaurant 931 sf1GFA 7 49 801 599 340 087 $71 17 High Turn over Restaurant 932 _ sf/GFA 1115 80% 892 230 059 $7162 _Fast Food Restaurant ___934 _ sfGFA 33 84 50% 1692 200 __ 051__$118 13 Es msso w/dnve Ihm 938 sfGFA 7500 20% 1500 200 051 $104 72 Commercial-Relall Sho rn - ShoppmgCenter _ 820 SYGLA 373 70% 261 210 054 $1914 Supermarket B50 sffGFA 1050 75% 786 210 054 $5773 Convenience Market 851 sffGFA 5241 45% 2358 130 033 $10703 Free Standing Discount 813,815,857, sffGFA _863,864 _ 461 70% 323 210 _054 __$2366 Hardwam/Paint Store _816 __sUGFA - 505 _ 40% ___2_02_ 170 __ 044 _$1199 17 Rate Study for Transportation Impact Fees KENT TripITE Land Use Umt of Basic New New Avg Tnp Length Impact Fee LandUsa Cade Measure Rate Trip Tripa Length Adjust- Rate ment Specialty Retail Center 814 sf/GFA 271 50% __ i 36- __1 70 044 $8 04 Fur nit ureStore 890 sitGFA 045 60% 027 170 044 $160 Home Improvement Superslore 862 _ sg tUGFA__ 2 37 70% _ _166 210 054 Pharmacy(vnlh Drive Through) _861 sgNGFA _ 1035 50% --5-18- ----- 17 044 $3071 — ---- - -- - - - Car Sales New 841_ sffGFA 259 80% _ __ 207 4_60_ _118 ____ _$3327- Car Sales New/Used NA Space' �28 60% 022 460 1 18 $3,596 Commercial-Office _ General Office _710,715,750 sf1GFA 149_ _ 90°k __ 1 34_ _6 f0_ t 31_ ___$2387 Medeal Office 720 sffGFA 3 46 _75% 2 60 4 60 1 23 — $43 48 Industrial J_ Light Industry7Manufacturing __ 110,140 sgGFA_ 0 97 100°k 0 9_7 ___510_ 1 31 _ _$17 27 Neavylndustry_ _ 120 sIIGFA _ 068 100% 063 510 131 _ $1211 - - - - _ _ 1 Industnal Park 130 sDGFA 086 100% 086 610 131 $1531 Mini WarehouselStorage __151_ sIIGFA _ 026 _ 100% 026 _ 5 10 __1 31 _ $4 63 Warehousin 150 sUGFA 032 100% 032 510 131 $570 Notes: A Basic trip rates are based on the ITE Trip Generation,lith Edition B Impact fee fate calculation is based upon the following methodology - Basic Trip Rate=PM Peak Hour Trip Generation(per unit of measure) - Basic Trip Rate x Percent of New Trips x Trip Length Adjustment x Per Trip Fee 7 (divide by)1,000 for rate per square foot(where applicable)=impact Fee Rate(per unit of measure) C For land uses not specifically identified here trip generation rates could be derived from ITE or a special study by the applicant E sf IGFA=Square feet Gross Floor Area,sf/GLA=Square Feet Gross Leasable Area,VFP=Vehicle Fueling Position Footnotes: 1 Space is individual vehicle sales space 70 vehicles for sale=70 vehicle spaces SCHEDULE OF RATES The unpact fee schedule of rates is shown as the last two columns In Table 6 using the maximum allowable cost per h ip end In the fee schedule,fees are shown as dollars per unit of development for various land use categories,as defined fit Appendix B The impact fee piogi am is flexible in that if a land use does not tit into one of the categories,an impact fee can be calculated based on the development's projected trip generation Applicants may also submit independent fee calculations for consideration and approval by the Public Works Director 18 t i Rate Study for Transportation Impact Fees KENT Table 6. Proposed Transportation Impact Fee Schedule Land Use RE Land Use Code Umt of Measure Impact Fee Rate Cost Per Tap End $ 13,614 Residential 210_ -dwelling _ _Single L_amilyy�Oetached)______ _ __ _ -- -$12,33980 Multi Family_ __ 220,221,230,233 dwelling _ _ $8,007 78 ------ — — - - Senior Housing _ _ __ 251 __ _---dwelling _ __ _ $2,639 01 Mo Home m MH Park 240 - dwelling-- _ $5,766 72 Comm mercial-Services Dnve_m Bank 912 _ sf/GFA _ __ $81 12_ Hos 1 310 roam $8,23817 Motel — m - ^_-'- _656261 565 Day Care Censer 565 sf1GFA $65 24 Lib2ry 590 s(1GFA $32 49 Post Office 732 sf7GFA $49 49 Service Station-- =944 _ -----_ VFP- - --------- - --- $32, Service Station 945 on wl sffGFA $1728317283 Auto Care Center 942 sfIGLA $1817 Movie Theater 444,445 _ _ _ _ seat_ _$477 71 Health Club_ 492,493 sfIGFA $2865 Commercial-institutional Elementary School 520 sfIGFA $575 -Middle/Jr High School _ 522 _ sfIGFA _$8 97 High School 530 sflGFA $1002 Assisted Living,Nursing Hoare 254,620 bed _ _$2,15030 --------- --- -- ----- Church 560 sfiGFA $710 Hospital 610 sfIGFA $1592 Commercial-Restaurant --- _ -- - ----- - - _----------- Restaurant 931 stlGfA $1112 -High Turnover Restaurant 932 sflGFA__ $71 62 Fast Food Restaurant 934 sfiGFA _ $118 13_ ' Espresso wldnve lhm 938 sfiGFA $104 72 Commercial-RetailSho in Shopping Center__ 820 sliGLA $1914 Supermarket _ ._ 850 _ sf7GFA $5773 -�- -_--__9__-- -_ - —UGFA -___— - Convenience Market 851 sfiGFA __ $10703 813,815,857,863, S Free Standen Discount Store 864 $23 66 HardwareiParil Store 816 __silGFA _ $11 99 Specially Retail Center - _ _ -� 814 - v sfIGFA_-_—__---- - $8 04 Furniture Store 890 sfiGFA Al$ 60 Home Improvement Superstore 862 _ sgfVGFA _ _ $1216 _Pharmacy(with Drive T_hrou h 881 ___ _____sgfUGFA_�-_ $3071 �. Car Sales New 841 sI1GFA $33 27 19 i Rate Study for Transportation Impact Fees KENT Land Use ITE Land Use Code Unit of Measure Impact Fee Rate Car Sales-Used NA Spacer $3,596 Coinniercral-_Office General Office _ 710_,715,750 sf/GFA _ $2387 Medical Office 720 sf;GFA $4348 Industrial Light IndustrylManutaclunng 110,140 sf1GFA $17 27 Heavy Industry __ __ _ _ 120 _ _ sf/GFA __ _ $12 11 Industrial Park 130 sf/GFA $1531 - - -------- --- - --- - _Mmi-WarehouselSlorage _151 sf/GFA--_-_ _ $4 63 Warehouse 150 sf/GFA $670 Notes. A Basic trip rates are based on the ITE Trip Generation,8th Edition B For land uses not specifically identified here trip generation rates could be derived from ITE or a special study by the applicant C sf/GFA=Square feet Gross Floor Area,sf/GLA=Square Feel Gross Leasable Area,VFP=Vehicle Fueling Position Footnotes. 1 Space is individual vehicle sales space 70 vehicles for sale=70 vehicle spaces 20 h Rate Study for Transportation Impact Fees 1 �KENT Attachment A—Cost Allocation Results The cost allocation results are summarized in Exhibit A,which illustrates how the impact fee project costs(shown in Table I)were divided into growffi-related costs attributable to the City and Annexation Areas tit order to determine this proportion,the City's haffic model was used to identify the portion of trip-making associated with existing and growth- related traffic A technique called"select-Imk"analysis was fused to isolate the vehicle trips using each of the impact fee projects The Lust column of Exhibit A shows several"Project Groups",which represent the grouping of unpact fee projects used in Hie select link traffic forecasts Each project group includes one or more impact fee projects that ale located within close proximity to each other,tepi esentmg sundar traffic patteins the gioupmg of piojects is shown at the bottom of Exhibit A The analysis shows that 49 percent of the total project costs could be attributable to new growth within Hie City and Annexation Areas Exhibit A. Cost Allocation by Project Group(in$000) Percent of New Growth Project Traffic due to Existing Related Project Costs minus Growth within City Projecl Costs Project Project Costs Deficiency Committed Deficiencies and and Annexation Allowable for Grou N otal_ _Portion _Funding_ Committed Funding Areas Im act Fees �+ 1 $20,040,000 $5,811,600 $3 $14,228,397 252% $3,583,43585 ' 2 $93,225,000 $0 $79,511 - -- $93,145,489 486% $45,269,65890 3 $54 700 000 $0 $0 $54,700,000 60 0% $32,799,230 06 4 $21,710000 $0 sit 0t,709,989 548% $11,89322854 5 $46,000,000 $0 $0 $46,000,000 417% $19,17423886 t 6 $0 $0 — $0 $0 52 6% $000 7 $7,000,000 $0 $134,636 $6,865,364 458% $3,14268199 8 $1975,060 $0 $0 $1,975,000 543% $1,072,66871 g $0 $0 $0 $0 462% _ $000 10 $7,200,000 $0 _ $4 $7,199,996 608% $4,378,5376B 11 $137,000,000 $0 $0 $137,000,000 493% $67,59510707 Total $388,850,000 $5,B14,600 5214,46$ E382,824,235 493% $18.8,9_08,794 Trip Growth 13876 CosUTrip $13,674 Prolect Group Definitions(Used for Grouping Projects for Traffic Modeling) _ 1 272nd1 West Valley 2 132ndl MeridiaAvenue Avenue 3 116th 4 East Hill 5 Hill Climb 6 801 East Valley 7 North Kent 8 Downtown 9 1 Ave 10 Meeker 11 Grade Separation 21 1 { r r Rate Study for Transportation Impact Fees KENT r Attachment B—Land Use Definitions The following land use definitions are derived from the ITE Tiip Geneiahon(Sth Edition) The asterisk indicates I"1 E category trip late used in Impact Fee Schedule(Table 6) RESIDENTIAL Single Family Residential Includes all single-family detached homes on individual lots Also includes accessory dwelling units and duplexes (ITE#210) Multi Family Residential, A budding or buildings designed to house three or more families living independently of each other Includes aparhiients,condos,attached duplexes,PUDs,and attached townhouses This land use includes accessoiy dwelluig units (separate structure)and single-room occupancy,if additional parking provided (ITE#s 220*,221,230,and 233) Senior Housing: Residential units restricted to adults or senior citizens (ITE#s 251) Mobile Home(in Mobile Home Park). Trailers shipped,sited,and installed on permanent foundations within a mobile home paik (ITE#2,10) COMMERCIAL-SERVICES Drive-in Bank. A free-standing building,with a drive-up window,for the custody or exchange of money,and foci facilitating the transmission of hinds (PFE#912) Hotel: A place of lodging providing sleepug accommodations Hotels typically include restaurants,cocktail lounges,meeting and banquet rooms,or convention facilities (rTE# 310) Motel: A place of lodging providing sleeping accommodations Motels genially offer free on-site parking,little or no meeting space,and may have exterior corridors (ITE#320) Day Care Center: A facility for the cafe of infant and preschool age children during the daytime hours Generally includes classrooms,offices,eating areas,and a playground (ITE #565) Library: A public facility for the use,but not sale,of literary,musical,artistic,or reference materials (ITE#590) Post Office- Houses service windows for mailing packages and letters,post office boxes, offices,vehicle storage areas,and sorting and distribution facilities for nail (ITE#732) 22 t Rate Study for Transportation Impact Fees KENT Service Station:A facility used for the sale of gasoline,oil,and lubricants This land use may include areas for servicing,repairing,and washing vehicles (ITE#944) Service Station with Minimart A facility which combines elements of a convenience store and a gas station Convenience food items are sold along with gasoline and other cai products,gas pumps are inunarily or completely self-service (ITE#945) Automobile Care Center: A facility that provides automobtle-related services,such as repair and servicing,stereo installation,and hie installation and repair (ITE#942) Movie Theater- Consists of audience seating,one or more screens and auditoriums,a lobby,and refreshment stand 'typically includes matinee showings (ITE#s 444*and 445) Health Club: Privately owned facilities that may include swimming pools and whirl pools, saunas,weight lifting and gymnastics equipment,exercise classes,tennis,racquetball,and handball courts Feahues exercise,sports,and other active physical conditioning,as well as a broader range of services such as puce bars and meeting rooms (ITE#s 492*and 493) COMMERCIAL-INSTITUTIONAL Elementary School: These facilities serve students attending kindergarten through the fifth or sixth grade Elementary schools aie usually centrally located in residential neighborhoods whete bus service is usually provided to students living beyond a specified distance from school. Both public and private schools are included in this land use (ITE# 520) Junior High School These are faahhes serve students who have completed elementary school and have not yet entered high school Both public and private schools are included in this land use (ITE#522) High School:Facility serving students who have completed middle school or junior high school Schools are sepaiated from other land uses and have exclusive access points and parking facilities (ITE#530) Assisted Living,Nursing Home. One or more mulh-unit buildings designed for the elderly or those who are unable to live independently due to physical or mental handicap Facilities may contain dining rooms,medical facilities,and recreational facilities The pi miary funchon of a nursing home is to provide chronic of convalescent care for persons who by reason of illness or infirmity aie unable to care for themselves This land use applies to rest homes,chronic care,and convalescent centers (ITE#s 254 and 620*) Church: A building providing public worship facilities Generally houses an assembly hall or sanctuary,meeting rooms,classrooms,and occasionally during facilities (ITE#560) 23 t t t or Rate Study for Transportation Impact Fees KENT Hospital A budding or buildings designed for the medical,surgical diagnosis,treatment and housing of persons under the care of doctors and noises Rest homes,nursing homes, convalescent hones and clinics are not included (ITE#610) COMMERCIAL-RESTAURANT Restaurant,An eatirig establishment,which sells prepared food or beverages and generally offers accommodations for consuming the food or beverage on the premises Usually serves breakfast,lunch,and/or dinner,generally does not have ad i ive-up window Includes bars/taverns (ITE#931) High Turnover Restaurant. A sit-down,full-service eating establishment with a turnover rate of approximately one hour or less This type of restaurant is usually moderately pi iced and frequently belongs to a restaurant chaui Generally,these restaurants serve hinch and dinner,they may also be open for breakfast and are sometimes open 24 hours per day (ITE #932) Fast Food Restaurant:An eating establishment that offers quick food service and a limited menu of items Food is generally served in disposable wrappings or containers,and maybe consumed inside or outside the restaurant budding Restaurants in this category have a drive-up window (I I E#934) Espresso Stand Drive Thru. A drive-up kiosk serving coffee beverages No inside seating provided (No ITE category) COMMERCIAL-RETAIL Shopping Center- An integrated group of commercial establishments that is planned, developed,owned,or managed as a rout On-site parking facilities are provided,and administrative office areas are usually included In addition to the integrated unit of shops in one building or enclosed atound a mall,include pertpheral buildings located on the perimeter of the center adjacent to the streets and major access pounts Supernnai kets should typically be separated for calculation purposes from the rest of the shopping center (ITE# 820) Supermarket: Retail store(greater than 5,000 gst)that sells a complete assortment of food, ' food preparation and wrapping materials,and household cleaning and servicing items (ITE#850) Convenience Market: A use(less than 5,000 gsf)that combines retail food sales with fast foods or take-out food service,generally open long hours m 24 hours a day (ITE#851) Free-standing Discount Store. A free-standing store or warehouse with off-street parking. Usually offers centralized cashiering and a wide range of merchandise and/or food products May include items sold m large quantities of bulk Often is the only store on a site,but can be found in mutual operation with its own or other supermarkets,garden centers and service stations,or as part of conmumty-sized shopping centers Fred Meyer 24 i t i „6 Rate Study for Transportation Impact Fees KEhlT stores,COStCO,and big box consumer electronic/computer/toy stores are examples of this land use (f rF Its 813*,815,861,863,and 864) Hardware/Paint Store:A small free-standing or attached store with off-street parking Stores sell hat dware,paint,and related materials Storage areas ate not included in the total gross floor area (ITE#816) Specialty Retail Center: These retail centers are generally small strip shopping centers that contain a vauety of retail shops and specialize in quality apparel,hard goods,and services, such as retail estate offices,dance studios,florists and small restaurants (LTE#814) LFurniture Store: Furniture stores specialize ni the sale of f n niture,and often,carpeting The stores are generally large and include storage areas (iTE#890) Car Sales(new,used): Facilities are generally located as strip development along major arterial streets that aheady have a preponderance of commercial development Generally included me auto services and parts sales along with a sonietunes substantial used-car operation Some dealerships also include leasing activities and truck sales and servicing Y Stand-alone used car sales facilities are typically smaller lots without service areas or other amenities (11 E#841 for new cat sales) Home improvement Superstore:A free-standing warehouse type facility(25,000-150,000 gst)with off-street parking Generally offeis a variety of customer services(home unprovemenls,lumber,tools,paint,lighting,wallpaper,kitchen and bathroom fixtures, lawn equipnnent,and garden equiptnent)and centralized cashiering Honne Depot and Lowes are examples of this land use (ITE#362) Pharmacy(with drive-through window) A pharmacy which sells prescriptions and non- prescription drugs,cosmetics,toiletries,medications,stationery,personal cote products, limited food products,and general met chandise Contain di rve-th rough windows (ITE# 881) COMMERCIAL-OFFICE General Office-An administrative office building Houses one or more tenants and is tine location where affairs of a business,commercial of industrial of ganizatton,government, pwfesswnat person or firm are conducted The budding of buddnigs maybe limited to one tenant,either the owner or lessee,or contain a mixture of tenants including professional services,insurance companies,investment brokers,and company headquarters Services such as a bank of savings and loan,a restaurant or cafeteria,miscellaneous retail facilities, and fitness facilities for budding tenants may also be included (rVE#s 710`,715,and 750) Medical Office: A facility which provides diagnoses and outpatient care on a routine basis but which is unable to provide prolonged inn-house medical/surgical care, A trnedicat office 1 is generally operated by either a single private physician/dentist or a group of doctors and/or dentists (ITE#720) 25 t t t Rate Study for Transportation Impact Fees KENT INDUSTRIAL Light Industry/Manufacturing: A facility where the primary activity is the conversion of raw materials or paits into finished products Generally also have offices and associated functions Typical uses are punting plants,material testing Iaboratories,bio-technology, medical instrumentation or supplies,coin munications and information technology,and computer hardware and software (ITE,#s 110*and 140) Heavy Industry, These facilities usually have a high number of employees pei industrial plant and could also be categorized as manufacturing facilities Heavy indushial uses are limited to the manufacturing of laige items (ITE#120) Industrial Park Areas containing a number of industrial or related facilities They are characterized by a mix of manufacturing,service,and warehouse facilities with a wide variation in the propoition of each type of use from one location to another Industrial parks include research centers facilities or groups of facthties that a i e devoted neatly exclusively to research and development activities (ITE#130) Mini-Warehouse/Storage: Buildings in which a number of stoi age units or vaults are rented for the storage of goods Each unit is physically separated from other units,and access is usually provided through an overhead door or other common access point (ITE# 151) 26 FEHR & PEERS TRANSPORTATION CONSULTANTS MEMORANDUM Date: June 29, 2010 To- Cathy Mooney, City of Kent From: Donald Samdahl Subject: Impact Fee Rate Adjustments for Downtown Kent SE08-0080 We have conducted research into the travel characteristics of land uses in downtown Kent This memorandum summarizes key findings from the research related to impact fee rates for downtown Kent land uses. Downtown Kent has higher densities of development, a greater mix of land use I types, and is closer to substantial transit services than the rest of the City. These characteristics result in lower trip generation rates and shorter trip lengths for select land uses. As a result, the City can reduce the impact fee rates for these Iland uses The ITE Trip Generation report and data from national sources were used to determine the lower trip generation rates within the downtown These data also show that average trip lengths are reduced to and from activity centers such as Downtown Kent Additional details regarding these research findings have been provided to the City as supplemental information DOWNTOWN KENT Downtown Kent was defined as part of the Downtown Strategic Action Plan (April 2005) The approximate limits of Downtown Kent are SR 167 on the west, Cloudy and James Streets on the north, Woodford Avenue and Titus Street on the east, and Willis Street/SR 516 on the south. Figure 1 depicts the boundaries of Downtown Kent, subject to further legal description 11410 NE 122ntl Way, Suite 320 Kirkland,WA 98034-6927 (425)820-0100 F (425)821-1750 fehrandpeers corn MS Cathy Mooney i June 29, 2010 Page 2of4 FFIIG & PtFIt� i RAN S PO RTATION CONS N LTA N TS i Figure 1- Downtown Kent Boundary � J eq+�I—�, . 7I ;'ac Urn .' 71 [1 47 " a, ( fir Kent _ s,.�� �� J Downtown ,, ., �+ `� �: a �i�n Down �_ ti l � z,...If _ n a St: Districts' North Frame b� II�- cis 7 4'� `.i `-' __-{ p a'.,i `�' 1 `' IQ z U `;, ,I 1 u T� a��� o " n U -- -, ir9 E James St o'Li9ms St��-,T ��- 'CPA o n' � C:o I i 'Central O �lil Cf, IJ Ir -il � � �Corridor �-� � „,�;•,, , o North Core F �_ I _ L E Temperance St '+ din w�"f I� ��R� tC_J 1�f"v6 yN, I �p� s�� _ �j1C� t _ . ,1. • � West = - _ _-- __--�-�:_�� -", - rT�--, -r___1, SI711`fh SY Frame ��( c =East Frame Mee�(e_f,St ai _rI ff?�t0II ��I� (�-�`-�;_gg{{ ��ITr I L I �H%StOr%`C Core ! " ' 2I��6� `> li �y�l (1s j _� ,�' _ �It :. '��4; __ �"J.' 43 1 7r ,° South -SourceKen[GIe 2001 - S Kent Des elneS Rd IN Willis St E Willis St as ?i v J71 co J �,v �� i�Rg Source- City of Kent, Downtown Strategic Action Plan (2005) Exact boundaries subject to further legal description. I r r Ms. Cathy Mooney June 29, 2010 i Page 3of4 FEAR I'iElt� TRANSPORTATION CONSOLMNTS IMPACT FEE ADJUSTMENTS Table 1 shows the trip rate adjustment, trip length adjustment, combined adjustment, and percent reduction in Impact fees for specific Downtown Kent land uses. Table 1. Downtown Kent Impact Fee Adjustments Trip Rate Trip Length Combined percent Land Use A "' djustment Reduction in ' Adjustment Adjustment Factor Impact Fees Residential 0 9 0 9 081 -19% Sinqle and Multi-Family Senior Housing Commercial- Services 082 0 9 074 -26% Drive-in Bank Day Care Center Library Post Office Movie Theater Health Club Commercial-Restaurant 082 0 9 0 74 -26% Restaurant Hiqh Turnover Restaurant Fast Food Restaurant Commercial- Retail 0 82 0 9 074 -26% Shoppinq Center Supermarket Pharmacy with Drive- Commercial- Office 075 0 9 068 -32% General Office Medical Office 1 1 1 t Ms Cathy Mooney June 29, 2010 Page 4of4 Ftm, & I'tERS TRANSPORTATION CON5NLTANTS DOWNTOWN KENT IMPACT FEE RATES Table 2 documents the resulting Impact fee rates for the specific land use types In Downtown Kent, assuming a cost per trip equal to 30% of the maximum allowable rate Table 2- Downtown Kent Impact Fee Rates for Specific Land Use Types ' ITS Larld Use' Cltiit of Impact Fee Land Use Code Measure Rate (30%of Maximum Downtown Impact Fee Rates Residential Single Family (DT) 210 dwelling $2,999 Multi-Family (DT) 220 221 230 dwelling $1,946 Senior Housing DT 251 dwelling $642 Commercial- Services Drive-in Bank (DT) 912 sf/GFA $18 01 Day Care Center DT 565 sf/GFA $14 49 , Library DT 590 sf/GFA $7 22 Post Office DT 732 sf/GFA $10 99 Movie Theater DT 444, 445 seat $107 Health Club DT 492, 493 1 sf/GFA $6 36 Commercial-Restaurant Restaurant DT 931 sf/GFA $15 79 High Turnover Restaurant DT 932 sf/GFA $15 90 Fast Food Restaurant DT 934 sf/GFA $26 42 Commercial- Retail Shoppin Shopping Center DT 820 sf/GLA $4 26 Supermarket DT 850 sf/GFA $12 82 Pharmacy with Drive-Through 881 sf/GFA DT $6 82 Commercial- Office General Office DT 710, 715, 750 sf/GFA $4 88 Medical Office DT 720 sf/GFA $8 88 Notes GFA = Gross Floor Area GLA = Gross Leasable Area DT = Downtown Kent 1 ' Kent City Council Meeting Date August 17, 2010 Category Consent Calendar - 6F 1. SUBJECT: CLARK SPRINGS HABITAT CONSERVATION PLAN CONTRACT AMENDMENT - AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign Amendment No. 4 to the Consultant Services Agreement with Thompson Smitch Consulting Group in an amount not to exceed $50,000 for professional services for the development and approval of the Clark Springs Water Supply System Habitat Conservation Plan. 1 1 1 1 3. EXHIBITS: Memo dated 7/23/10 and Amendment No. 4 I4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) ' S. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 95 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P E , Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 >� W°5"'"`'' Address, 220 Fourth Avenue S Kent, WA 98032-5895 Date: July 23, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 2, 2010 From: Kelly Peterson, AICP, Environmental Conservation Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Copy: Michael Mactutis, P.E., Environmental Engineering Manager iSubject: Contract Amendment - Thompson Smitch Consulting Group/Clark Springs Habitat Conservation Plan (HCP) tMotion: Move to recommend Council authorize the Mayor to sign Amendment No. 4 to the consultant services agreement between the City of Kent and Thompson Smitch Consulting Group in an amount not to exceed $50,000 for professional services for the development and approval of the Clark Springs Water Supply System Habitat Conservation Plan, upon I concurrence of the language therein by the City Attorney and the Public Works Director. Summary: The City of Kent is seeking approval from the National Marine Fisheries Service and US Fish & Wildlife Service (Services) of a Habitat Conservation Plan (HCP) for the Clark Springs municipal water source. Approval and implementation of the HCP will provide the City certainty with regards to this water supply and protection from third party lawsuits under the federal Endangered Species Act. The Clark Springs Water Supply System HCP has had some unforeseen delays in the approval process. (Services) required each chapter of the Draft Environmental Impact Statement (DEIS) to be written one chapter at a time rather than as one complete document. This slowed the approval process significantly over the last several years. The process of publishing documents in the Federal Register has been arduous and required regular and repeated attention to make sure all of the steps are continuing to be pursued by federal administrative staff to approve the HCP. Thompson Smitch has been an extremely valuable advocate for the City in ensuring the HCP continued through this federal process. In addition, following publication of the HCP and DEIS in the Federal Register, attorneys for the Services are concerned about having two alternatives in the DEIS rather than three. This has resulted in increased effort and time by staff and the consultants to work with f� the Services in an attempt to resolve these issues. A request of an additional $50,000 to the Thompson Smitch Consulting Group contract is being requested. The original contract was $300,000. 96 The public comment period under the National Environmental Policy Act for the Draft EIS, Draft HCP and Draft Implementing Agreement closed July 6, 2010. Seven comment letters were submitted. Staff is working with our consultants and the Services to respond to the comments and prepare the final HCP and EIS. Budget Impact: Costs to complete the HCP were included in the water rates adopted by Council in 2009. Costs for this contract amendment will be charged to the Water Utility. 1 97 � KENT ' WISHIN6TOn AMENDMENT NO, 4 NAME OF CONSULTANT OR VENDOR: Thompson Smitch Consulting Group, Inc. CONTRACT NAME & PROJECT NUMBER: Clark Springs Habitat Conservation Plan ORIGINAL AGREEMENT DATE: March 3, 2004 LThis Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: I. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: tProvide assistance in securing an Incidental Take Permit and Habitat Conservation Plan. For a description, see the ' Consultant's July 9, 2010 Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $300,000.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $300,000.00 including all previous amendments Current Amendment Sum $50,000.00 Applicable WSST Tax on this $o Amendment Revised Contract Sum $350,000.00 i AMENDMENT - 1 OF 2 48 Original Time for Completion 7/31/05 (insert date) Revised Time for Completion under 12/31/10 prior Amendments (insert date) I , Add`I Days Required (t) for this 212 calendar days Amendment Revised Time for Completion Juiy 31,2011 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will , become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: By: ' (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) (title) DATE: DATE: APPROVED AS TO FORM: i (applicable if Mayor's signature required) Kent Law Department Thompson SmICCh Co Sulbng Grp-Clark Sar Amd 9/POWMW t AMENDMENT - 2 OF 2 t99 4041 Ruston Way 1"110IMPS01\1 SMl-ICH 41�" Tacoma,WA98402 253-879-1250 Facsimile 253-879-1251 www thompsoncg com Jul 9, 2010 Tim'Thompson Y 253 879-1250 Tv @thompsoncg.com F 1 EXHIBIT A Kelly Peterson Mike Mactutis City of Kent Environmental Engineering Public Works Department 220 Fourth Avenue South, Kent, WA 98032 It is Thompson Smitch Consulting Groups desire to provide you with the highest L quality and most efficient service. Your satisfaction should begin with a mutual understanding of expectations regarding the services to be performed and the goal we hope to achieve. Scope of Work: Based on our previous discussions, Thompson Smitch Consulting Group will be working to achieve the following objectives on your behalf: 1. Coordinate and assist with the EIS, HCP, Implementation Agreement (IA), Biological Opinion and Incidental Take Permit ■ Develop a management structure to coordinate HCP negotiations, EIS, HCP and IA with ongoing monitoring. • Determining in consultation with Kent and R2 the approach and schedule for the HCP, EIS and IA. • Meet with key Policy members to ensure regulator support for HCP, EIS and IA management.. ■ Coordinate and conduct briefings with key stakeholders Iand elected officials on the HCP. • Facilitate/Negotiate any "hot spot issues" that emerge as a part of the HCP, EIS and IA discussions. ■ Manage potential opposition. 2. Development of a HCP, EIS and IA Closure Plan with a Signing Event 100 i ■ Ongoing management of a schedule with agency agreement to close the HCP. ■ Development and scheduling of a strategic signing event with key supporters and agencies to drive closure of the HCP. • Assist with strategy, press, agencies, elected officials and , overall organization of a signing event. Fees: Our consulting fee will be a hourly rate of$250 per hour beginning on July 151, 2010 for one year. The contract will be monitored to not exceed $50,000. If the amount is to exceed $50,000 TSCG and the City of Kent will promptly review and determine how to proceed. The contract can be terminated by either party with 30 days written notice. Expenses: In addition to fees, you will be charged for expenses incurred or advanced on your behalf. Some of these expenses are charged for identified services at rates charged to all clients, such as photocopies, meals, mileage, cellular telephone charges, and special mailing or courier services. Billings: The firm bills on a monthly basis. Bills are payable within 30 days of the billing date and subject to a late charge of 1% per month if received after 30 days. Conflicts of Interest: We have done an initial check for potential conflicts and have not identified any. No Warranties of Results: Neither I, nor Thompson Smitch Consulting Group, have made any express representations, assurances or guarantees regarding the outcome or any consequence connected with this matter, unless specifically set forth in this letter of agreement. In addition, there are no implied warranties or guarantees of success given by me or Thompson Smitch Consulting Group. Thank you again for the opportunity to work with the City of Kent. Please be assured I will do my best to help provide you with the greatest possible result. Sincerely, Tim Thompson ,µ CERTIFICATE OF LIABILITY INSURANCE OTE(MMID2010) PObUCER (253)272-1151 FAX (253)272-1225 SHIS IFICATE IS ISSUED AS A MATTER OF INFORMATION CONFERS NO RIGHTS UPON THE CERTIFICATE Hfe tschel l & A;socTates, Inc. CERTIFICATE DOES NOT AMEND,EXTEND OR 1 Pacific Build,Sng uite 400 An THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tacoma, WA 98402 UL 1 QRERS AFFORDING COVERAGE NAIC# I RED Thompson Smitch Consulting Group INSu arter Oak Fire Insurance 25615 P.O. Box 2192 GIFT OF IMMUhIlerwriiers, Lloyds London Tacoma, WA 98401 tr���F�6 IRuR aveler's Indemnity Co E fNVV N INSURER, INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING tY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH LICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR DO' TYPE OFINSURANCE POLICY NUMBER POLICY EFFECJD0TIVE POLICY EXPIRATION LIMITS DATE(MMIDDIY-Yl GENERAL LIABILITY 680-35F22014 06/22/2010 06/22/2011 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY OHMAGE 2REMISES( RENTED $ 300,OO CLAIMS MADE L_J OCCUR MED EXF(Any one person) $ 5,000 PERSONAL&ADV INJURY $ Excluded GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO $ 21000,000 POLICY M PROJECT El LOC AUTOMOBILE LIABILITY BA 35F18086 06/22/2010 06/22/2011 COMBINED SINGLE LIMIT (Ea acc dent) $ X ANY AUTO 1,000,000 ALL OWNED AUTOS BODILY INJURY $ ' SCHEDULED AUTOS (Per person) HIREDAUTOS BODILY INJURY $ NON-0 W NED AUTOS - (Per accident) PROPERTY DAMAGE $ (Par accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO „ OTHER THAN EA ACC $ I AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ XX&XWXX1 680-3SF22014 06/22/2010 06/22/2011 X WC STATU- OTH- EMPLOYERS'LIABILITY Y EL EACH ACCIDENT $ 1,000,000 ANY PROPRIETOWPARTNER/EXECUTIVE OFFICE RlMEtKBER EXCLUCED7 E L DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under WA STOP GAP E L DISEASE-POLICY LIMIT $ 11000,000 SPECIAL PROVISIONS below Professional LiabTltiy 0610-00039716I D6/22/2010 06/22/2011 $1,000,000 each claim $1,000,000 aggregate $2500 deductible CRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS HABITAT CONSERVATION PLAN RTIFICATE HOLDER IS ADDITIONAL INSURED WITH RESPECT TO THEIR INTEREST IN ABOVE PROJECT. HIS INSURANCE IS PRIMARY ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED WILL BE EXCESS AND rCONTRIBUTORY- PER CDG037 (04/05) ATTACHED. R CGD252 (08/05) 10 DAYS NOTICE OF CANCELLATION APPLIES FOR NONPAYMENT IN WA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBE,POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL CITY OF KENT 4S DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ENGINEERING DEPT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 220 FOURTH AVE S OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES KENT, WA 99032 AUTHORIZED REPRESENTATIVE Tom Duren/LAV mx u-�- �CORD 25(2001108) ©ACORD CORPORATION 1988 102 IMPORTANT r r 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 terns 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 msurer(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 r r r r r r 1 r 1 r r ACORD 26(2001108) 103 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED t (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED— (Section 11) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by 'your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but erations hazard". a) Only with respect to liability for"bodily injury", d) The insurance provided to the additional in- "property damage" or"personal injury", and sured does not apply to "bodily injury" or b) If, and only to the extent that, the injury or "property damage" that occurs, or "personal damage is caused by acts or omissions of injury" arising out of an offense committed, you or your subcontractor in the performance while any separate liability insurance that you of 'your work" to which the "written contract have procured for that person or organization requiring insurance" applies The person or is in effect, regardless of whether the scope organization does not qualify as an additional or limits of insurance in this Coverage Part insured with respect to the independent acts exceed those of that separate liability insur- or omissions of such person or organization. ante or whether that separate liability insur- ance is valid and collectible 2. The insurance provided to the additional insured 3. The insurance provided to the additional insured by this endorsement is limited as follows by this endorsement is excess over any valid and a) In the event that the Limits of Insurance of collectible 'other insurance", whether primary, this Coverage Part shown in the Declarations excess, contingent or on any other basis, that is exceed the limits of liability required by the available to the additional insured for a loss we "written contract requiring insurance", the m- cover under this endorsement surance provided to the additional insured shall be limited to the limits of liability re- 4. As a condition of coverage provided to the quared by that "written contract requiring in_ additional insured by this endorsement: surance" This endorsement shall not in- a) The additional insured must give us written crease the limits of insurance described in notice as soon as practicable of an "occur- Section III— Limits Of Insurance rence" or an offense which may result in a b) The insurance provided to the additional in- claim To the extent possible, such notice sured does not apply to "bodily injury", "prop- should include erty damage" or "personal injury" arising out i. How, when and where the 'occurrence" of the rendering of, or failure to render, any or offense took place, professional architectural, engineering or sur- ii. The names and addresses of any injured veying services, including persons and witnesses; and i. The preparing, approving, or failing to iii. The nature and location of any injury or prepare or approve, maps, shop draw- damage arising out of the 'occurrence" or ings, opinions, reports, surveys, field or- offense ders or change orders, or the preparing, approving, or failing to prepare or ap- b) if a claim is made or"suit' is brought against prove, drawings and specifications, and the additional insured, the additional insured ' Ill. Supervisory, inspection, architectural or must engineering activities i. Immediately record the specifics of the claim or"suit" and the date received, and CG D2 62 08 05 ®2005 The St Paul Travelers Companies, Inc. Page 1 of 2 104 COMMERCIAL GENERAL LIABILITY ii. Notify us as soon as practicable S. The following definition is added to SECTION V The additional insured must see to it that we —DEFINITIONS receive written notice of the claim or"suit' as "Written contract requiring insurance" means soon as practicable that part of any written contract or agreement cj The additional insured must immediately under which you are required to include a send us copies of all legal papers received in person or organization as an additional in- connection with the claim or"suit', cooperate sured on this Coverage Part, provided that with us in the investigation or settlement of the "bodily injury" and "property damage" oc- the claim or defense against the "suit", and curs and the "personal injury" is caused by an otherwise comply with all policy conditions. offense committed: d) The additional insured must tender the de- a Aftcontract signing execution of the fense and indemnity of any claim or "suit to agreement y you, any provider of"other insurance" which would b. While that part of the contract or cover the additional insured for a loss we agreement is in effect, and rover under this endorsement c. Before the end of the policy period. F j o �= 1 mom, 0 o= ' o t Page 2 of 2 0 2005 The St Paul Travelers Companies, Inc CG D2 52 08 05 022269 105 COMMERCIAL GENERAL LIABILITY r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART r PROVISIONS b. The "personal injury"or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows, subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you is deleted vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contnbutory basis, this nsur- Subparagraph (1) ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we will not share with that other insurance, provided policy, including any umbrella or excess policy that a. The "bodily injury" or "property damage" for , ' which coverage is sought occurs; and 1 1 1 1 r r r i rCG DO 37 04 05 Copyright 2005 The St Paul Travelers Companies, Inc.All rights reserved. Page 1 of 1 1 r Kent City Council Meeting Date August 17, 2010 Category Consent Calendar - 6G 1. SUBJECT: HAWLEY ROAD LEVEE IMPROVEMENTS CONSULTANT SERVICES AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreement with GeoEngineers, Inc. in an amount not to exceed $55,285 for the purpose of conducting subsurface explorations, laboratory testing, and a certification report for the Hawley Road Levee Improvements. r 1 r r3. EXHIBITS: Memo dated 7/16/10 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) r5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ` Councilmember moves, Councilmember seconds 1 DISCUSSION: rACTION: 1 ' PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P E , Public Works Director Phone 253-856-5500 KENT Fax: 253-856-6500 WASH I"`'"'N Address: 220 Fourth Avenue S. ' Kent, WA 98032-5895 1 Date: July 16, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 2, 2010 From: Kelly Casteel, P.E., Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director ' Subject: Consultant Services Agreement - GeoEngineers, Inc/ Hawley Road Levee Improvements 1 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement between the City of Kent and GeoEngineers, Inc. in an amount not to exceed $55,285 for the purpose of conducting subsurface explorations, laboratory testing and a certification report for the Hawley Road Levee Improvements, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: The Clty's Hawley Road Levee is located between State Route 167 and Washington Avenue. This project will reconstruct the levee to certifiable standards and is important for managing the City's flood protection. ' GeoEngineers services should include developing geotechnical design recommendations related to design and construction of the proposed new levee ' sections and for certifying the Hawley Road Levee. ' Budget Impact: Stormwater drainage utility funds will be used to pay for this consultant services agreement. The cost for this work was contemplated by Council during its review of the Drainage Master Plan as part of the costs to reconstruct the Green River Levees. Existing storm drainage rates, adopted by council In 2008 assumed the City would cover 25% of the costs to fund levee reconstruction. Public Works staff continues to ' look for outside funding and lowest cost alternatives for levee certification. `•/ KEN T ' W...INGTON CONSULTANT SERVICES AGREEMENT t between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 Fawcett Avenue, Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Lyle Stone (hereinafter the ' "Consultant"). ' I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide geotechnical services for the Hawley Road Levee f' Improvements project. For a description, see the Consultant's 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 March 1, 2011. III. COMPENSATION. 1 A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifty Five Thousand, Two Hundred Eighty Five Dollars ($55,285.00) 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 B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Consultant maintains and pays for its own place of business from which , Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business , Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. ' Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24,115, then, in the event of liability for damages arising out of bodily injury to persons or ' damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. ' In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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. 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 CONSULTANT SERVICES AGREEMENT - 4 ' (Over$10,000) 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. 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 (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lyle Stone Timothy J. LaPorte, P.E. GeoEngineers, Inc. City of Kent 1101 Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GwEnq{ne -Hawley Rd tevee/Casteel CONSULTANT SERVICES AGREEMENT- 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. , As such all contractors, subcontractors and suppliers who perform work with relation to this , Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any 1 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 1 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 , 20 ' By: 1 For: , Title: Date: i EEO COMPLIANCE DOCUMENTS — 1 e CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 ' CONTRACTORS APPROVED BY Jim White, Mayor POLICY: �a 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. i 2. Actively consider for promotion and advancement available minorities and women. f' Any contractor, subcontractor, consultant or supplier who willfully disregards the City's inondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. I Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. i 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. 1 i 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 i 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 120 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 ' EXHIBIT A GEOENGINEERS, INC. HAWLEY ROAD LEVEE IMPROVEMENTS GREEN RIVER, FROM SR 167 TO SR 516 KENT,WASHINGTON ' FILE NO.0410-175-00 SCOPE OF SERVICES - GEOTECHNICAL ' The purpose of our services is to conduct subsurface explorations and laboratory testing as a basis for the analysis of the Hawley Road Levee. We understand that the proposed levee improvements will consist of constructing a set-back, sod berm levee to provide the required freeboard along the Green River. Our services will include developing geotechnical design recommendations related to design and ' construction of proposed levee and for certifying the existing levee and proposed improvements. The City of Kent will be responsible for providing survey and topographic data and for preparing construction plans. Our geotechnical scope of services includes: ' 1. Review existing information, including in-house reports, reports by others provided by the City of Kent and appropriate Federal Emergency Management Agency (FEMA) and U.S. Army Corps of Engineers (USACE)documents. 2. Conduct a site visit prior to subsurface explorations to coordinate exploration locations and site safety � issues with the design team. 3. Coordinate clearance and location of existing underground public utilities in the project area. We will contact the Washington Utilities Coordinating Council "One Cali" service prior to beginning explorations.We request that City of Kent personnel confirm that exploration locations are clear from potential damage to City-owned underground utilities. 4. Advance up to five Cone Penetration Test(CPT)soundings to supplement borings and obtain detailed ' sod layering information. We have budgeted for a total of 400 lineal feet, including one 100 foot seismic cone to collect shear wave data. The depth of the explorations will depend on the existing subsurface information available and access to the levee. We understand permitting for CPT soundings will be completed as necessary by the City of Kent. 5. Drill one 75 foot mud-rotary boring adjacent to a CPT to confirm the subsurface characterization established by the CPTs and to obtain samples for laboratory testing. The actual quantity and depth ' of the exploration will depend on the existing subsurface information available and access to the levee. We understand permitting for the boring will be completed as necessary by the City of Kent. 6. Complete laboratory tests on representative samples of the soils, including tests for moisture content, ' density,consolidation,Atterberg Limits and particle size distribution, as appropriate. 1 City of Kent July 15 2010 Page 2 7. Complete secondary laboratory testing, including tri-axial compression testing, to develop shear strength parameters of fine grained soils, as appropriate. 8. Complete stability analyses for up to six levee cross sections under each of the following conditions- end of construction, steady state seepage during full flood stage, sudden drawdown, and seismic ' conditions. Stability analysis will be based in part on survey data provided by the City of Kent and hydraulics information. 9. Develop recommendations for levee construction including site preparation, levee materials, ' compaction requirements, embankment slopes and geosynthetic reinforcement for steeper slopes, if necessary. 10. Develop recommendations for drainage blankets or other suitable measures to control seepage, if ' necessary based on our studies. 11. Attend up to two meetings with City of Kent and the design team or FEMA to coordinate geotechnical engineering and civil engineering design with the City of Kent and assist with levee certification. Our budget estimate includes four hours each per meeting for Gary Henderson and Lyle Stone. 12. Prepare a soils report summarizing the results of our field exploration program, laboratory testing and our analyses and providing our conclusions and recommendations. Our report will be part of the submittal to FEMA. 13. Review and stamp plans related to the flood barrier prepared by us and the City of Kent as required , for the submittal to FEMA. 14.Assist the City of Kent in preparing an operations and maintenance manual and other parts of the , submittal as needed. 15. Address any comments and revise submittal as needed. This includes coordination with the City of Kent, Northwest Hydraulics,USAGE and FEMA to incorporate necessary revisions into the submittal of , the final report 16. Evaluate the feasibility and cost of using sheet piles for levee improvements and provide a separate ' report with sketches. Our scope does not include a detailed finite element analysis of earthquake induced liquefaction or displacement and is not expected to be necessary. This scope also does not include any construction ' management, monitoring or inspections. SCHEDULE We are prepared to begin work immediately after notice to proceed. Subsurface exploration subcontractors are tentatively scheduled for the week of August 1611, in anticipation of receiving notice to ' proceed by mid August. Based on this schedule, we anticipate laboratory testing and engineering analysis will begin about one to two weeks after authorization. We will notify you at this time if there are conditions identified that would require additional analysis or otherwise affect this schedule. Our engineering analysis will require survey data of the project area. We currently have aerial topographic information for the land adjacent the Green River as previously provided by the City or Kent. To complete our analysis for levee sections adjacent to the river, we will require data points on the river bed similar to GEOENGINEERS 1 NO P10 04 u)171,tXi City of Kent July 15.2M Page 3 the data provided for the Horseshoe Levee project. Portions of our engineering analyses will also be dependent on hydrologic Information which we understand will be provided to the City of Kent by Northwest Hydraulics. We anticipate that our draft report will be complete two months after authorization to proceed provided that survey and hydraulic information is provided in a timely manner. We will then distribute the draft report to the City of Kent for review. We expect that our final report will be complete within about three to ' four weeks after receipt of comments,depending on revisions required by FEMA US GWH,tt ' Attachment, Exhibit B Fee Estimate ' Disclaimer Any electronic form,facsimile or hard copy of the original document(email,text,table,and/or figure),if provided,and any attachments are only a copy of the original document The original document is stored by GeoEngmeers,Inc and will serve as the official document of rocoi d Copyright@ 2010 by GeoEngmeers,Inc All rights reserved 1 1 I i GMENGINEERS F.M 110 0410 05-00 EXHIBIT B ' FEE ESTIMATE CITY OF KENT GEOTECHNICAL ENGINEERING SERVICES , HAWLEY ROAD LEVEE IMPROVEMENTS GREEN RIVER, FROM SR 167 TO SR 516 FILE NO.0410-175-00 Personnel Hours x Rate = Cost Principal(Gary Henderson) 83 x $160 = $13,280 Protect Engineer 1(Lyle Stone) 100 x $145 = $14,500 Engineer/Scientist 3(Morgan McArthur) 60 x $128 = $7,680 Engineer/Scientist 2(Mackenzie Hanks) 50 x $112 — $5,600 , CAD Designer 15 x $85i $1,275 Support 101 x 1 $75 = $750 Subtotal Personnel Cost(direct costs) $43,085 , Other Expenses Laboratory Testing $2,700 Field Equipment $500 Subcontracted Drilling $3,000 Subcontracted CPTs $6,000 Subtotal(indirect costs) $12,200 , Total Estimated Costs $55,285 1 1 File No 0410-17540 GEoENIG[NEERS ' July 15.2010 Kent City Council Meeting Date August 17. 2010 ' Category Consent Calendar - 6H 1. SUBJECT: HORSESHOE BEND LEVEE IMPROVEMENT CONTRACT AMENDMENT NO. 1 - AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign Amendment No. 1 to the Consultant Services Agreement between the City of Kent and GeoEngineers Inc. in an amount not to exceed $34,500 for the Horseshoe Bend Levee Improvements project. ' The City is in the process of certifying the first portion of the Horseshoe Bend levee between SR 167 and the Union Pacific Railroad (UPRR) tracks near Foster Park, 3. EXHIBITS: Memo dated 7/26/10 and Amendment No. 1 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? ' Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 121 PUBLIC WORKS DEPARTMENT 4^4 Timothy J LaPorte P E., Public Works Director Phone 253-856-5500 KENT Fax 253-856-6500 V A S"'N C T." Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 26, 2010 To: Chair Debbie Raplee and Public Works Committee Members I` PW Committee Meeting Date: August 2, 2010 From: Mark Madfai, Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract Amendment No. 1 - GeoEngineers Inc/Horseshoe Bend Levee Improvements Project Motion: Move to recommend Council authorize the Mayor to sign Amendment No. 1 to the consultant services agreement between the City of Kent and GeoEngineers Inc. in an amount not to exceed $34,500, for the Horseshoe Bend Levee Improvements Project upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: The City is in process of certifying the first portion of the Horseshoe Bend levee between SR-167 and the Union Pacific Railroad (UPRR) tracks near Foster Park. Geo- Engineers was hired to perform this certification which includes the construction of a setback levee. The City has awarded the construction of the setback levee to the low bidder, Lloyd Enterprises, with construction beginning in August. The City has selected GeoEngineers to perform inspection and testing services for the construction phase to ensure that the levee is constructed according to the Federal Emergency Management Agency's (FEMA) certification standards, which will be submitted later this year for levee accreditation. Budget Impact: The full amount of this contract will be reimbursed through the $10 million Department of Ecology grant awarded for certification and for reconstruction of the Horseshoe Bend levee. 123 .00,0". KENT WA9 MIN6TON AMENDMENT NO, 1 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: Horseshoe Bend Levee Improvements ORIGINAL AGREEMENT DATE: 12/11/09 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Provide construction observation and documentation for the Foster Park Levee. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorported by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $135,280.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $135,280.00 including all previous amendments Current Amendment Sum $34,500.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $169,780.00 i AMENDMENT - 1 OF 2 124 Original Time for Completion 11/30/10 (insert date) Revised Time for Completion under 0 prior Amendments (insert date) Add'I Days Required (f) for this 31 calendar days Amendment Revised Time for Completion 12/31/10 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of i all claims of any kind or nature arising from or connected with any work either covered or i affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: By: i (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor , (title) (title) DATE: DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department GeoEnginee -Mmanhde Send 0.md 1/Mad}al AMENDMENT - 2 OF 2 125 EXHIBIT A SCOPE OF SERVICES CITY OF KENT CONSTRUCTION OBSERVATION SERVICES FOSTER PARK LEVEE KENT, WASHINGTON FILE NO. 0410-172-01 INTRODUCTION AND PROJECT UNDERSTANDING The project consists of a 2-to 3-foot-tall earth berm levee set back from the Green River. This phase of the levee construction will extend from SR 167 to the Union Pacific Railroad. The levee will be constructed on the north and east sides of Foster Park/Pond. SCOPE OF SERVICES The purpose of our services is to provide construction observation and documentation, on-site construction consultation, and preparation of documents to certify the construction of the levee for the National Flood Insurance Program. We have assumed 15 working days of full time on site construction monitoring and 15 days of part time construction monitoring. Our specific scope is as follows: 1. Attend a preconstruction meeting and weekly construction meetings as required and requested. 2. Observe stripping, subgrade preparation and the excavation of the inspection trench. We will record soil conditions and provide recommendations for the overexcavation and removal of unsuitable material as required 3. Provide our opinion to the suitability of on-site sod for use as levee fill. 4. Observe fill placement and compaction. We will complete nuclear moisture/density tests of the fill as required. 5. Complete laboratory testing of fill materials. We anticipate that our laboratory program will consist of maximum density determinations, particle size analyses and percent fines determinations. 6. Record our on-site observations and recommendations in daily field reports. 7. Prepare a letter at the completion of the project summarizing our observations and providing our opinion of the suitability of the levee to function as designed 8. Provide additional documentation and on-site consultation as requested. us:GWH-gb Attachment Exhibit B Fee Estimate Disclaimer,Any electronic form,facsimile or hard copy of the original document(email,text,table,and/or figure),it provided,and any attachments are only a copy of the original document The original document is stored by GeoEngineers,Inc and,vill serve as the official document of record Copyright©2010 by GeoEngmeers,Inc All rights reserved iF114 110 04101721)1 - - iuh ao 2010 126 EXHIBIT B FEE ESTIMATE CONSTRUCTION OBSERVATION SERVICES FOSTER PARK LEVEE KENT,WASHINGTON Classification Hours x Rate = Cost Principal (Gary Henderson) 4 x $16000 = $64000 Project Engineer(Lyle Stone) 40 x $145 00 - $5,800.00 Staff Engineer 2(Various) 180 x $112.00 = $20,160.00 Technician 40 x $80 00 = $3,200.00 Support 15 x $65.00 = $975.00 Subtotal Personnel $30,775.00 Other Expenses Vehicle Usage $1,100.00 Laboratory and Testing(7 Maximum Density Determinations,7 Sieves,14 Percent Fines) $2,625 00 Subtotal Expenses $3,725 00 Total Estimated Costs $34,500.00 Fite No.0410.172.01 July 20,2010 GEOENGINEERS C�® 4T2(7ma)DNYYY) CERTIFICATE OF LIABILITY INSURANCEPage 1 of 3 03/30/2010 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE willis of Seattle, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. N h Box 3TN 3 �„, ''ti Nashville, TN 3723D-5191 E4'�� �j��URERSAFFORDINGCOVERAGE NAIC# UREO GeDEngineers, Inc. INSURERA Travelers Property Casualty Company of Am 25674-DO3 Slit S. Fawcett f��I,�, �I �u�kt Suite 200 1"'� INSURERB Travelers Property Casualty Company of Am 25674-002 Tacoma, WA 98402 INSURERC IT\,�4(L,' of, SUPERD I ) 7 " - 'ASURERE COVERAGES 0 HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING NY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH OLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR IDI' TYPEOFINSURANCE POLICYNUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS R DATE(MM/DD(YYYY DATE MMlOD YY X ,GENERALLIABIUTY 660533D1564TIL10 3/31/2010 3/31/2011 EACH OCCURRENCE $ 1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGETORENTEG 1PHEMISES aoocurencel $ 100,000 CLAIMS MADE OOCCUR MED EXP(Anyone person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 X POLIGY PR T LOC AUTOMOBILE LIABILITY B10533DI564TILIO 3/31/2010 3/31/2011 COMBINED SINGLE LIMIT $ 1,000,000 X ANYAUTO (Ea accdent) ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Pef person) $ HIREOAUTOS BODILY INJURY $ NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTOONLY AGG $ EXCESS/UMBRELLA LIABILITY EACHOCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERSCOMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMIT R ANY PROPRIETOR/PAPTNER/EXECUTIVE LJ J E! EACHACCIDENT $ OFFICER/MEMBEREXCLUDEDI -- (MandatoryIn NH) EL DISEASE-EA EMPLOYEE $ If yes,des«fie under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ OTHER CRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 11 orngineers Project No. 0410-172-00. Re: Horseshoe Bend Levee Improvements Project, Kent, Washington. Iis agreed that City of Rent and their affiliates or subsidiaries is included as an Additional nsured as respects to General LiabilitV, but solely in regards to work being performed by or on CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 33 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Kent Engineering IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER,ITS AGENTS OR Attn: Nancy Yoshitake REPRESENTATIVES 400 West GOWe ALIT ESEN7AT Kent, WA 98032 itORD 25(2009101) Coll:2975455 Tpl:1066116 Cert:14004206 ©1988-2009ACORD CORPORATION,All rights reserved The ACORD name and logo are registered marks of ACORD Willis CERTIFICATE OF LIABILITY INSURANCEpage 2 of 3 037301 010 PRODUCER 877-945_737B THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Seattle, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED GeoEngineers, Inc. INSURERA Travelers Property Casualty Company of Am 25674-OD3 1101 S. Fawcett INSURERS Travelers Property Casualty Company of Am 25674-002 Suite 200 Tacoma, WA 98402 1 INSURER INSURER D INSURER E. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS behalf of the Named Insured in connection with the project described herein. i i 1 Coll:2975455 Tpl:1066116 Cert:14004706 129 Page 3 of 3 i 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 endorsements) DISCLAIMER This Certificate of Insurance 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 i RD 25(2009101) Co11:2975455 Tp1:1066116 Cert:14004206 130 MMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies Insurance provided under the following COMMERCIAL GENERAL LIABILI TY COVERAGE PART _ 1. The following is added to SECTION it—WHO IS plies only to such "bodily Injury"or"property AN INSURED damage"that occurs before the end of the pe- Any person or organization that you agree in a riod of time for which the'Written contract re- 'Written contract requiring insurance'to include as guinng insurance requires you to provide an additional insured on this Coverage Part,but: such coverage or the end of the policy period, a. Only with respect to liability for"bodily injury", whichever is earlier "property damage"or"personal injury",and 2 The following is added to Paragraph 4.a.of SEC- TION IV—COMMERCIAL GENERAL LIABILITY b If, and Only to the extent that, the injury or CONDITIONS. damage is caused by acts or omissions of you or your subcontractor In the performance The insurance provided to the additional insured of"your work" to which the"written contract is excess over any valid and collectible"other in- requiring insurance` apples The person or surance whether primary,excess,contingent or organization does not qualify as an additional on any other basis,that is available to the addi- msured with respect to the Independent acts tionat insured for a loss we cover However,if you or omissions of such person or organization specifically agree in the"written contract requinng Insurance"that this insurance provided to the ad- The Insurance provided to such addNonai Ensured Is hurled as follows. ddronal insured under tNs Coverage Part must apply on a primary bass or a primary and non- c. in the event that the Limits of Insurance of contributory basis, this insurance is primary to this Coverage Part shown in the Declarations "other insurance" available to the additional in- exceed the limits of liability required by the sured which covers that person or organization as ' ritten contract requiring Insurance", the in- a named insured for such loss, and we will not surance provided to the additional insured share with that "other Insurance" But this insur- shall be limited to the limits of liability required ance provided to the additional Insured still Is ex- by that"written contract requiring insurance" ceps over any valid and collectible "other insua This endorsement shall not Increase the limits antis",whether primary,excess, contingent or on of insurance described in Section lit—Limits any other basis,that Is avat able to the additional Of Insurance Insured when that person or organization is an d. This insurance does rat apply to the render- addtbonal insured under any"other insurance" ing of or failure to render any "professional 3 The following is added to SECTION IV— COM- services'or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS' or omissions. Duties Of An Addrtlonei Insured e. This Insurance does not apply to"bodily In- As a condition of coverage provided to the addi- jury"or "property damage" caused by "your tlonalinsured work' and included in the "products- completed operations hazard" i unless the a. The additional insured must give its written i "written contract requiring insurance"specl0- notice as soon as practicable of an "occur- cally,requires you to provide such coverage Fence" or an offense which may result in a j for that additional insured,and then the insur- claim To the extent possible, such notice jIJI ance provided to the additional Insured ap- should include i CG D414 04 D8 02ODa Tie IrmyMm Comp•rdes,Inc. Page t of 2 131 COMMERICAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of other insurance which would or offense took place, cover the additional insured for a loss we IL The names and addresses of any injured cover However,thus condition does not affect 1 persons and witnesses,and whether this Insurance provided to the addi- III. The nature and location of any injury or tional Insured is pnmery to that other Insur- damage arising out of the"occurrence'or ance avallable to the additional insured which offense covers that person or organization as a named insured b. If claim rs made or red,the additional insured"suit"is brought against thea additional Insure 4. The follovgng is added to the DEFINITIONS Sao- must. non I. Immediately record the specks of the "Written contract requiring insurance"means that claim or"suit"and the date received,and part of any written contract or agreement under which you are required to include a person or or- II. Notify us as soon as practicable ganization as an additional insured on this Cover- The additional insured must see to it that we age Part, provided that the "bodily injury" and receive wnhen notice of the claim or 'sml"as "property damage" occurs and the 'personal In. soon as practicable jury"Is caused by an offense committed c. The additional insured must immediately send a. After the signing and execution of the contract us copies of all legal papers received in con- or agreement by you, nection with the claim or'suit',cooperate with b. While that part of the contract or agreement is us in the investigation or settlement of the In effect,and claim or defense against the "suit", and oth- erwise comply with ail policy conditions c. Before the end of the policy period d. The additional insured must tender the de- fense and Indemnity of any Balm or"swt"to i r Page 2 of 2 O20a6 TAe Tmvelm Companies Inc CG D4 14 04 08 r 132 COMMERCIAL GENERAL LIABILITY POLICY NUMBER ISSUE DATE - - THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY TOTAL GENERAL AGGREGATE LIMIT DESIGNATED PROJECT(S)- GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the forowmg COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Total General Aggregate Limit:S Designated Project(s), (If no entry appears above,Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement) A. The Total General Aggregate Limit stated in the der COVERAGE C(SECTION 11,Which can be at- Schedule above is the most we will pay for the tributed only to operations at a single designated sum of all, "project"shown in the Schedule above 1 Medical Expenses under COVERAGE C 1 A separate Designated Project General Ag- (SECTION 1), gregate Limit applies to each designated"pro- (. Damages under COVERAGE A(SECTION 1), ject",and that limit rs equal to the amount of except damages because of"bodily injury"or the General Aggregate Limit shown in the "property damage"Induded in the"products- Declarations. completedoperations hazard",and 2 Subject to the—otal General Aggregate Urri t 3. Damages under COVERAGE 8(SECTION 1) stated in the Schedule above,the Designated regardless of the ntmber of Project Genera',Aggregate Limit is the most we will pay for the sum of all damages under a Insureds, COVERAGE A,except damages because of b. Claims made or"surfs"brought, "bodily injury or"property damage"included In the 'products-completed operations e. Persons or organizations making daktes or haz- ard`, and for medreal expenses under GOV- bnngmg"suds",or ERAGE C regardless of the number of d. Designated "projects" listed in the SCHED- a Insureds, ULE above B. For all sums which the insured becomes legally b Claims made or"suits"broughl,or obligated to pay as damages caused by'omur- a Persons or organizations making claims rencee under COVERAGE A(SECTION 1), and or bringing"sults" for all medical expenses caused by accidents un- CG D3 21 01 04 Copyright,The Travelers Indemnity Company,2004 Page 1 of 2 133 COMMERCIAL GENERAL LIABILITY 3. Any payments made under COVERAGE A for To Premises Rented To You and Medical Ex- damages or under COVERAGE C for medical pense continue to apply. expenses shall reduce both the Total General D Part 2.of SECTION III—LIMITS OF INSURANCE Aggregate Limit stated in the Schedule is deleted and replaced by the following above, and the Designated Project General Aggregate Limn for that desgnated "project" 2. The General Aggregate Limit is the most we Such payments shall not reduce the General will pay for the sum of , Aggregate Ltmt shown in the Declarations a. Damages under Coverage B,and nor shall they reduce any other Designated b. Damages from "occurrences" under Project General Aggregate Limit for any other COVERAGE A (SECTION 1) and for all designated "project" shown in the Schedule medical expenses caused by accidents above under COVERAGE C(SECTION I)which - 4. The limits shown in the Declarations for Each cannot be allnbuted only to operations at Occurrence,Damage To Premises Rented To a single designated"project"shown in the You and Medical Expense continue to apply SCHEDULE above. However, instead of being subject to the E- When coverage for liability arising out of the General Aggregate Lima shown in the Dacia- "products-completed operations hazard' is pro- rations.such limits will be subject to both the vided, any payments for damages because of Total General Aggregate Limit stated In the 'bodily injury' or " ro Schedule above, and the appiicable Desig- y j �� P periy damage" Included m ill naled Project General Aggregate Limit the reduce th'products-completed Co pleted O hazard" g- reduce the Products-Completed Ooerations Ag- C. For all sums which the insured becomes legall,• gregate Limit,and not reduce the Total General obligated to pay as damages caused by"occur- Aggregate Limn stated in the Schedule above,the rences"under COVERAGE A (SECTION I), and General Aggregate Limit,or the Designated Pro- for all medical expenses caused by accidents un- ject General Aggregate Limn der COVERAGE C(SECTION I),which cannot be F. For the purposes of this endorsement the Defini- attrbuted only to operations at a single desig- tions Section is amended by the addition of the nated"project"shown in the Schedule above following definition 1. Any payments made under COVERAGE A for "Project" means an area away from premises �t damages or under COVERAGE C for medical owned by or rented to you at winch you are per- expenses shall reduce the amount avajiable forming operations pursaant to a contract or under the Total General Aggregate Limit agreement For the purposes of determining the stated in the Schedule above and the General applicable aggregate limit of insurance, each Aggregate Limn, or the Products-Completed ^project" that includes premises involving the Operations Aggregate Limit,Whichever is ap. same or connecting lots,or premises whose con- phoable,and necticn is interrupted only by a street, roadway, 2. Such payments shall not reduce any Desig- waterway or night-of-way of a railroad shall be nated Project General Aggregate Limit considered a single"project" As respects this Provison C,the limits shown in G. The provisions of LIMITS OF INSURANCE the Declarations for Each Occurrence, Damage (SECTION ill)not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright,The Travelers Indemnity Company,20D4 CG D3 21 01 04 1 - ' Kent City Council Meeting Date August 17, 2010 Category Consent Calendar - 6I 1. SUBJECT: 640 ZONE RESERVOIR & BLUE BOY RESERVOIR SEISMIC RETROFIT CONSULTANT AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreement between the City of Kent and Jason Engineering & Consulting Business, Inc. in an amount not to exceed $189,330 to provide materials testing and inspection services related to the 640 Zone Reservoir and Blue Boy Reservoir Seismic Retrofit protects. i 1 3. EXHIBITS: Memo dated 7/19/2010 and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) j5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: i 135 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P E , Public Works Director Phone- 253-856-5500 KENT Fax 253-856-6500 W A s"'"`"'" Address: 220 Fourth Avenue S Kent, WA 98032-5895 Date: July 19, 2010 To: Chair Debbie Raplee and Public Works Committee Members - PW Committee Meeting Date: August 2, 2010 From: Chad Bieren, City Engineer Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Consultant Services Agreement - Jason Engineering & Consultant Business Inc/640 Zone Reservoir & Blue Boy Reservoir Seismic Retrofit Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement between the City of Kent and Jason Engineering and Consultant Business Inc., in an amount not to exceed $189,330 to provide materials testing and inspection services related to the 640 Zone Reservoir and Blue Boy Reservoir Seismic Retrofit Projects, upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: The construction of these projects will involve highly specialized materials, welding and coating inspection in addition to soils and other construction materials testing and inspection that is beyond the expertise of City staff. There is not a more cost effective or sufficient quality control option than to have certified materials testing personnel and a laboratory perform these duties. Jason Engineering and Consultant Business, Inc., possesses the appropriate certifications and expertise to perform these duties and was selected through a competitive process based upon their qualifications. Budget Impact: Costs for this work have been budgeted as part of the project and will be paid for out of the Water Fund. The reservoir and related improvements were included in the 2008 Water System Plan and related water rates, which were adopted by Council, in 2009. 137 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and j Jason Engineering & Consulting Business, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jason Engineering & Consulting Business, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 181, Auburn, WA 98071, Phone: (206) 786-8645/Fax: (253) 833-7316 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide testing and inspection services for the 640 Zone Reservoir and Blue Boy Reservoir Seismic Retrofit protects. For a description, see the Consultant's July 7, 2010 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, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Eighty Nine Thousand, Three Hundred Thirty Dollars ($189,330.00) 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 B. iCONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 138 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. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they became due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. 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 CONSULTANT SERVICES AGREEMENT - 2 (Over $10,000) 139 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. jig Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. 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 1 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 140 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 isdifference or laim shall only be b Agreement, the exclusive means of resolving that dispute, c y y 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. 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 CONSULTANT SERVICES AGREEMENT - 4 ' (Over$10,000) 141 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 idocuments 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 jof 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 jto 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 IAgreement. 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 (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jason Bell Timothy J. LaPorte, P.E. Jason Engineering & Consulting Business, Inc. City of Kent PO Box 181 220 Fourth Avenue South Auburn, WA 98071 Kent, WA 98032 (206) 786-8645 (telephone) (253) 856-5500 (telephone) (253) 833-7316 (facsimile) (253) 856-6500 (facsimile) jAPPROVED AS TO FORM: 1 Kent Law Department XC5•640 Zone 9 61e SoyrrenerelN CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 142 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 , 20—• By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 , CITY OF KENT 143 1 ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor IPOLICY: 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. . II EEO COMPLIANCE DOCUMENTS - 2 w a 144 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. 1, the undersigned, a duly represented agent of , Company, hereby acknowledge and declare that the before-mentioned company was the 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 , 20 ' By. For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 145 _ a Jason Geotechnical Engineering Date- 07-07-2010 Engineering& Retaining Structures Project. 640 Res,#07-3014C, Consulting Project ManagemenVInspection Blue-Boy Res upgrades#09-3002 Business,Inc. Pavement Design &Analysis File# p10-057 Scope of Services, Exhibit These rates will apply for the duration of the project and should provide all the testing and inspection requirements for your project 640 Reservoir East Hill, Kent job# 07-3014C,Blue Boy Reservoir Upgrades, Kent job #09-3002 s� Attend preconstruction meetings,participate in periodic project progress meetings. ' s� Provide onsite construction inspection and recommendations regarding construction materials as requested. Observe placement and procedures of materials. Provide a WABO certified inspector for welding of steel water tank structure, provide coating inspections. Coating and welding inspections may require travel to manufacturing plants for inspection. Associated costs are not included in this proposal, but may be added at any time. Coating specialist's time may be less if inspection is provided by junior specialist rather than senior specialist. V- Provide density tests to confirm compaction and testing specification requirements Sample imported material to evaluate and confirm specification requirements. This includes laboratory testing for each material type encountered and/or imported to the site. Testing methods will be performed according to current applicable standards. w- Provide miscellaneous professional services related to this project as directed, photograph construction materials and methods as appropriate or as directed by the Owner's Representative Provide Construction Management Services as requested by the Owner's Representative, including contract budget tracking, daily report summaries, field measurements and pay estimate documents and/or preparation. w- Provide to the owner notification of failing test results related to materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's Representative. v% Provide time sheets with each invoice that verify Consultant employee(s), day, date and times worked, hourly rate, total per day, mileage, tests performed and test fees, and any other pertinent information required to verify invoiced charges sue- Hourly rates include all test equipment for our services (there are no hidden extra costs involved) A Licensed P.E. reviews all reports and computer-generated copies are mailed to all parties on the project distribution list Hours are broken down according to task in the fee schedule The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for all work performed There is a minimum charge of 2 hours for any inspection and professional engineering services (weekends are minimum 4 hours). Mileage reimbursement for non-resident inspector is charged from the Auburn office to the job site 1 and back to the office. W- An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal 8 hour working day,and legal holidays Equipment & materials will include equipment used by an inspector the field in the performance of normal inspection duties. �P- Unit rates valid for anticipated duration of the project. { PO Box 181 Auburn WA:98071 ." ' 'age 2 of 3 _- 'Phone:(206)-786-8645 Fax:(253)833-7316 Email:Jason®jasonengineer.com 146 Jason Geotechnical Engineering Date- 07-07-2010 Engineering& Retaining Structures Project-640 Res,#07-3014C, Consulting Project Management/Inspection Blue-Boy Res Upgrades#09-3002 of Business, Inc. Pavement Design &Analysis File# p10-057 Schedule of Fees & Services, Exhibit B PROFESSIONAL SERVICES Unit Rate Item Total 1500 Construction Management Inspector $60 00 per hour $90,000 00 24 Asphalt Inspection&Monitoring w/Densometer $60 00 per hour $1,440 00 * 120 Concrete Inspection&Monitoring $60 00 per hour $7,200 00 Post Tension Concrete Inspection&Monitoring $60 00 per hour 300 Junior Coating Specialist $95 00 per hour $28,500 00 80 Senior Coating Specialist $135,00 per hour $10,800 00 300 Sods Inspection&Monitoring w/Densometer $60 00 per hour $18,000 00 320 Structural Steel/Welding Inspection(WABO) $85.00 per hour $27,200 00 Professional Engineering Services $95 00 per hour 30 Administrative services $40 00 per hour $1,200 00 Mileage per round trip, non-resident 2000 (20 Miles per each RT) $0 75 per mile $1,500 00 OT/ Holiday hours 15 x rate per hour LABORATORY SERVICES Unit Rate Item Total 4 Asphalt,Ignition&Gradation $150 00 each $600 00 4 Asphalt,Rice Specific Gravity $85.00 each $340 00 40 Concrete,Cylinders $2000 each $800.00 Soil,Fracture Count $75.00 each 5 Soil,Proctor(Standard or Modified) $150.00 each $750.00 5 Soil,Sand Equivalent Test $75 00 each $375 00 5 Soil,Sieve Analysis with#200 wash $125 00 each $625 00 Soil,Specific Gravity (coarse,fine,or soils) $75 00 each Soil,Sulfate Soundness $150 00 each Soil,Unit weight $30 00 each ADDITIONAL SERVICES Unit Rate Item Total Retaining walls $95 00 per hour Equipment&Materials Costs Quoted each Travel costs,Plant Inspections(if needed) cost+15% Estimated Project Total: $189,330.00 PO Box 181 Auburn WA.98071 Page 3 of 3 Phone:(206)-786-8645 Fax: (253)833-7316 Ernail:jason@jasonengiiieer.com Kent City Council Meeting Date August 17, 2010 Category Consent Calendar - 63 1. SUBJECT: 640 ZONE WATER RESERVOIR CONSULTANT CONTRACT AMENDMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign Amendment No. 1 to the Consultant Services Agreement between the City of Kent and Gary & Osborne, Inc. in an amount not to exceed $82,500 for the purpose of providing construction support and additional design engineering services for the 640 Zone Water Reservoir Construction project. i r 3. EXHIBITS: Memo dated 7/23/10 and Amendment No. 1 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ` Councilmember moves, Councilmember seconds tDISCUSSION: IACTION: 147 PUBLIC WORKS DEPARTMENT ` Timothy J. LaPorte P E., Public Works Director • Phone, 253-856-5500 KENT Fax. 253-856-6500 WASHING-ON AS"'"G-ON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 1 Date: July 23, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date. August 2, 2010 From: Ken Langholz, Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Consultant Contract Amendment for Construction Support and Engineering Services with Gray & Osborne, Inc. - 640 Zone Water Reservoir Project Motion: Move to recommend Council authorize the Mayor to sign Amendment No. 1 to the Consultant Services Agreement between the City of Kent and Gray & Osborne, Inc., in an amount not to exceed $82,500 for the purpose of providing construction support and additional design engineering services for the 640 Zone Water Reservoir Construction Project, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: Public Works Engineering contracted with Gray & Osborne, Inc. for the design of the 640 Zone Water Reservoir. The reservoir project was bid and the contract awarded at the July 20th Council meeting. As the engineer of record, Gray & Osborne, Inc. will need to be involved in support of the construction contract and provide additional engineering services related to the reservoir. G & O's original contract amount is $131,970. The contract amendment is $82,500 for a revised contract total of $214,470. Budget Impact: Overall design engineering costs for this project are below the City's original estimate of 8-10% of the construction contract amount. The revised budget would raise the total design fees to roughly 7% of the construction contract. Costs for this work have been budget as part of the project and will be paid for out of the Water Fund. The reservoir and related improvements were included in the 2008 Water System Plan and related water rates, which were adopted by Council in 2009. i 1 1 149 KEN T LWASMINGTON AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Gray & Osborne, Inc. 1 CONTRACT NAME & PROJECT NUMBER: 640 Zone Reservoir ORIGINAL AGREEMENT DATE: December 11 2009 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Provide engineering services for construction support and additional design for the 640 Zone Reservoir project. For a description, see the Consultant's July 14, 2010 Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $131,970.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $131,970.00 including all previous amendments Current Amendment Sum $82,500.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $214,470.00 AMENDMENT - 1 OF 2 150 Original Time for Completion 12/31/10 (insert date) Revised Time for Completion under 0 prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment ' Revised Time for Completion 12/31/11 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and , acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) (title) DATE: DATE: APPROVED AS TO FORM: (applicable/f Mayor's signature required) Kent Law Department Gray 6 OSWMB-640 Zone Am0 1/Langholt AMENDMENT - 2 OF 2 r 151 I INC, 6N('l4H 113 EXHIBIT A July 14,2010 Mr. Chad Bieren Assistant Public Works Director City of Kent 400 West Gowe Street Kent, Washington 98032 SUBJECT: CONSTRUCTION MANAGEMENT AND ADDITIONAL DESIGN ENGINEERING SERVICES PROPOSAL, 640 ZONE RESERVOIR CITY OF KENT, KING COUNTY, WASHINGTON G&O #20106 07 iDear Mr. Bieren: This letter is a proposal for additional engineering services for the 640 Zone Reservoir r project. The additional engineering services include construction support activities and engineering services that were performed during design which were not included in the original scope of work. CONSTRUCTION SUPPORT SERVICES Gray & Osborne was originally contracted to perform engineering services through the bid opening. The scope of work included below is for engineering services in support of construction. Fbis scope assumes that the City will be responsible for day-to-day inspection and will handle general construction oversight. Scope of Work • Gray& Osborne will prepare conformed drawings and specifications. ® Gray & Osborne will perform submittal review as directed by the City. • Gray & Osbolnc will attend one preconstruction conference coordinated by the City Gray & Osborne's attendance will consist of participation by one project engineer and one electrical engineer. /01 Ooxioi Avenue N . Sidle r00 Soaiiie Wa,hingtrn %100 (200)284 0660 1'-ax (2U(3) a fry t.d•i rr.,r&nl l,7v+ 152 Mr. Chad Bicren July 14, 2010 Page 2 • Gray & Osborne will prepare a record of materials (ROM)per the City's format. • Gray & Osborne will assist the City in addressing and documenting , contractor questions and evaluating contractor requests for change orders. ® Gray & Osborne will provide up to eight single-person site visits during construction for a total of 32 hours Additional site visits can be provided on a time-and-materials basis if requested by the City. • Gray & Osborne will attend up to four single-person startup and commissioning sessions for a total of32 hours. • Gray & Osborne will prepare record drawings to City standards based upon field notes from the contractor and City inspectors. • The City has requested that Gray & Osborne prepai e a set of generator canopy drawings suitable for retrofitting canopies over several of the City's existing generators based on the 640 Zone Reservoir generator canopy design. The drawings will be sufficient to enable the City to obtain building permits and construct the canopies. The not-to-exceed cost for the construction management scope of work described above is$60,067. A list of hours and costs is attached. ADDITIONAL DESIGN SERVICES The following items are costs incurred during design that were not part of the original scope or were items whose scope was expanded during design Additional City Review The original scope included City review at 50 and 90 percent levels of completion. City reviews occurred at 30, 60, and 90 percent levels. necessitating some additional time for review and review meetings. Additional Electrical Design The initial electrical design budget was based upon a simple design, including building electrical and instrumentation in the vaults outside the building. 'through the design 153 t Mr. Chad Bieren July 14, 2010 Page 3 process at the request of the City,additional electrical features including auxiliary generator,vault lighting, tank lighting, and power to other vaults outside the project were r added to the design. The not-to-exceed cost for the additional design services is$22,433 A copy of tasks and 1 costs is attached. The changes in the design fees bring the total Gray & Osborne design contract to $154,403. The estimated construction cost for the project is $4 million. With the increased design fees, the design cost is 4 percent of the construction cost. The total not-to-exceed cost for the construction support and additional design is $82,500. Please contact the undersigned if you have questions Very truly yours, Gl fi- Y &OSBORNB,INC. Russell Porter, P.E. ' RLP/hhj Encl. s i t t f 154 00 Q'r O cn M Y0 N 'A N y U y V C) t v � F� v O •0 7 cz W N w N b W M �.4 Q [ y N O N iD N O N N N \o <t Idr C,4 t� ,-. M 'A � � U 10 't7 It io b N Co N o0 N N fq (A r. L[ M Ct yt Vcw n N W 00 N O O o p� O l� (` T t� M O tK z W C V N V1 In bD Y�i W A o bn r N V h 00 uN0 ca (A va to w s (A w O y o � y U � �3 N Q OP,rL 6 Y) o Q 4 O V C o n U N O cz�N ( 0 = , v U c ° ra m ^,G y o on c V o ht w > oO2 U7 0 "d ro G .Z' V o °' o = G U o p o Q U W Q Y a U o ti W _0 n� a x 7 o c c a rnwa QCJtna. 0.. 0 (7dQ d x f-Q V) H o 0 N is 'Q^ v t �g pp 155 COl'(D DATE(MMIDDIYYYY) W TM CERTIFICATE OF LIABILITY INSURANCE 11/26/2009 PRODUCER Phone (360)51)0-3700 Fax (360)598-3703 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MICHAEL J HALL&COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HALL&COMPANY HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 19660 10TH AVENUE N.E. ALTER THE COVERAGE AFFORDED BY LICIES BELOW. POULSBO WA 98370 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Travelers Casualty and Surety Co of America 31194 GRAY&OSBORNE INC INSURER B Hartford Casualty Insurance Co. 29424 701 DEXTER AVENUE N#200 INSURER C SEATTLE WA 98109 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 INSR AD POLICY EFFECTIVE PODCY EXPIRATION LIMITS LTA INSR TYPE OF INSURANCE POLICY NUMBER oATE Mruoo DATE MWDDrvn GENERAL LIABIUTY 62SBADU7303 09/10109 09110f10 EACH OCCURRENCE $ 1,000,000 DAMAGETDRENi ED $ 300,000 X CCMMFRCIAL GENERAL LIABILITY PREMISES(E.«curenoc CLAIMS MADE TX OCCUR MED EXP(Any one person) g 10,000 B X OCP,XCU BFPD PERSONAL&ADV INJURY $ 1,D00,000 GENERAL AGGREGATE IS 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY 51 JECT LOG AUTOMOBILE LIABILITY 62UECJS3276 09/10109 09/10/10 COMBINED SINGLE LIMIT $ 1,0D0,000 X ANY ALTO (Ea aocidenl) ALL OWNED AUTOS I BODILY INJURY SCHEDULEDAUTOS (Per person) $ B X HIRED AUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Perawrdenl) PROPERTY DAMAGE g (Per accident) 1 I GARAGE LIABILITY AUTO ONLY EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AU-0 ONLY AGG S EXCESS I UMBRELLA LIABILITY 525BADU7303 D9110109 D9110110 EACH OCCURRENCE s 1,000,000 X OCCUR CLAIMS MADE AGGREGATE S_ 1,D00,000 B $ DEDUCTIBLE IS X RETENTION$ 10,000 8 WORKERS COMPENSATION AND 52SBADU7303 09110/09 091`10110 ToAYTUMITs X OTHER Stop Gap EMPLOYERS'LIABILITY B ANY PROPRIETORWARTNER� ECOTIVE EL EACH ACCIDENT $ 1,000,000 OFHCERIMEMRER EXCLUDEW EL DISEASE-EA EMPLOYEE 8 1,000,000 li yes,descrlDo..d., EL DISEASE-POLICY LIMIT $ 1,000,OOD SPECML PROVISIONS MI. OTHER 105339819 09/101D9 09110/10 $1,000,000 Per Claim A Professional Liability $1,000,000 Aggregate Claims Made Form DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS SEE SUPPLEMENTAL CERTIFICATE INFORMATION CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENCEAVOR TO MAIL 30 DAYS City of Kent WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 400 West Gowe DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER IT'S Kent,WA 9BD32 AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE !7 Attention, nyoshitake&l.kentwa.us C-n Etley L Hurd 9 ACORD 25 12011101) Certificate# 106849 ©ACORD CORPORATION 1983 156 SUPPLEMENT TO CERTIFICATE OF LIABILITY INS #106849 NOV 509 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS - Re:640 Water Reservoir City of Kent is an additional insured per written contract or agreement between insured and insured's client on the General Liability and Automobile Liability regarding liability arising out of activities by or on behalf of the named insured, This insurance Is primary Insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance. A waiver of subrogation applies to the General Liability,Auto Liability,&Employers Liability and Umbrella I Excess Liability in favor of the Additional Insured. Certificate# 106849 157 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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). 1 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 i 1 1 i 1 i t 1 ACORD 25-S(2001/08) Certificate#106849 158 1 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred;or "employees", "volunteer workers", " any partner or member (if you are (2) Personal and advertising injury a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the ' liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person(other than your"employee"or With respect to"mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway wrth your Property permission, Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die,but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. 'Bodily injury" to a co=employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary S. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person Is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or organization responsible for the conduct of The insurance afforded herein for any such person with subsidiary not shown in the Declarations is also an insured, but only as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an in the watercraft, and only d no other insured under this insurance is also an insurance rg any kind is availableblueto that. insured under another policy or would be person or organization for this Liability an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to* limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft;or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision, the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However. Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier, and Form SS 00 O8 04 05 It LLY Page 11 of 24 The Hartford I A I 159 BUSINESS LIABILITY COVERAGE FORM tcontract, written agreement or because of a (e)' Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (t) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit except such operations performed at the vendors premises i However,no such person or organization is an additional insured under this provision if such connection with the sale of the person or orgarzation is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional insured Coverages. the vendor,or a. Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any person(s)or organization(s)(referred to below as vendor), but only with respect to negligence of the vendor for its of "bodily injury" or "property damage" arising own acts or omissions or those out of "your products"which are distributed its employeeess or anyone else or sold in the regular course of the vendor's acting on its behalf. However,this business and only if this Coverage Part exclusion doeess not apply to, provides coverage for bodily injury" or (i) The exceptions contained in ;property damage" included within the Subparagraphs (d)or(f);or "products-completed operations hazard". (11) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or norm0y exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement, or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement, b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only 1 with respect to their liability for"bodily (c) Any physical or chemical change in the product made intentionally injury", "property damage" or by the vendor; "personal and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization ' or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, Page 12 of 24 Form SS 00 08 04 05 160 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit, whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury"or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises;or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury' caused, in whole -(a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you,or (a) In connection with your premises; (c) In connection with"your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (if) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including, (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to' maps, shop drawings, opinions, 'Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications, or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including, activities. Form SS 00 08 04 05 Page 13 of 24 161 BUSINESS LIABILITY COVERAGE FORM ` (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or 'engineering Subject to 2.a. or 2 b above, whichever acbvtties, applies, the most we will pay for the sum of all ' The limits of insurance that apply to additional damages because of all "bodily injury", Insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance, arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in I insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the 1. The Most We Will Pay Declarations. 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or"suits"brought;or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits", temporarily occupied by you with permission of 2. Aggregate Limits the owner The most we will pay for: In the case of damage by fire, lightning or explosion,the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury', including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision, or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 162 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses , limit set forth in Paragraph 3.above. (3) Cooperate with us in the investigation, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit'; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months,starting enforcement of any right against any with the beginning of the policy period shown in the Declarations, unless the policy period is extended person or organization that may be after issuance for an additional period of less than 12 liable to the insured because of injury months. In that case, the additional period will be or damage which this insurance deemed part of the last preceding period for purposes may also apply . of determining the Limits of Insurance, d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part, Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense,Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the You or any additional insured must see to other insurer for defense and indemnity it-- that we are notified as soon as However, this provision does not apply to --- practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How,when and where the"occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence,Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses, and Paragraphs a, and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is occurrence or offense. known tw b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer' or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the claim or"suit"as soon as practicable. (5) Any trustee, if you or an additional insured is a trust; or c. Assistance And Cooperation Of The ' Insured (6) Any elected or appointed official, if you or an additional insured is a political You and any other involved insured must- subdivision or public entity j Form SS 00 08 04 05 Page 15 of 24 �" 163 BUSINESS LIABILITY COVERAGE FORM This Paragraph f, applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 1 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under if unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7, Other Insurance insurance required by that law. b. With respect to "mobile equipment" to a other valid and collectible insurance is which this insurance applies, we will available for a loss we cover under this Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows underinsured motorists, no-tuft or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages below applies If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form. below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work i With, That is Fire, Extended Coverage, A person or organization may sue us to recover Builders Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented you settlement means a settlement and release of or temporarily occupied by youa with liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your Lability as a tenant for and any rights or duties specifically assigned property damage" to occupies rented to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies: a. As if each Named Insured were the only {4) Aircraft,Auto Or Watercraft Named Insured;and If the loss arises out of the maintenance L b. Separately to each insured against whom or use of aircraft,"autos"or watercraft to a claim is made or"suit"is brought. the extent not subject to Exclusion g.of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: if the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k, of Section A.— representations you made to us;and Coverages. Page 16 of 24 Form SS 00 08 04 05 r 164 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance,and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance;or insurance. (7) When You Add Others As An We will share the remaining loss,if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the , additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. , written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c, applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insureds own transferred to us The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and helo us insurance, enforce them. This condition does not Paragraphs (a)and (b)do not apply to apply to Medical Expenses Coverage. other insurance to which the additional * b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit"if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit" if no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against ' so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage Form SS 00 08 04 06 Page 17 of 24 ' 165 r ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM A Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition -TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable 1 r r 1 r - r r ^ Form HA 9913 01187 Printed in U S A r Kent City Council Meeting Date August 17, 2010 Category Consent Calendar - 6K 1. SUBJECT: HANSEN SHORT PLAT BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Hansen Short Plat, permit number 2070047, located at 20011 95t' PL South, for 112 linear feet of new street. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? - N/A Currently in the Budget? Yes _ No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: r MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: `�•�' KEN T 220 - 4T" AVENUE SOUTH WASHINGTON KENT, WASHINGTON 98032 I,,_ ®F WAT Project: T n 'Au��n o �{ li}�� �l ►�v 2 Permit#: -o T7 b0 0 APR 1 201� Location:=( ' " cj,,�- L s `I C l Parcel #: O(o2ZO5906(0 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON nn� THIS / INSTRUMENT made this I day of tC et!- 20 10 by and between F'\Qe2 A-rSV K11ii STE.t-1 t FVNSFr'J , hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS' Together with a total of gate valves at $ each, hydrants at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) waterline B. SANITARY SEWERS: ' Together with a total of manholes at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) sewerline. Bill of Sale 1of5 r r C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc,) 95j� P� Ktc you i! 11 . Rio ZoO �T Including �� linear feet at $ 22. 5a per LF of G)i'DLw ALY, (size &type) &2tipSvWAU/— (improvement). r D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) (improvement) E. STORM SEWERS: Together with a total of manholes at $ each or total of catch basins at $ each, LF of biofiltration swale or drainage ditch , with a total cost of $ , cubic feet of detention pond storage with a total cost of$ and/or any other appurtenances thereto. ON FROM TO (street, easement, etc ) Including linear feet at $ per LF of (size &type) sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. t The undersigned hereby covenants that it is the lawful owner of said property, and that the same is free from all encumbrances, that all bills for labor and materials have been paid; that it has the right to sell ' the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s) The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and , assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2 of 5 r IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of �\Pti1 , 20 0 ✓ n IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of , 20 STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of a r:\ 20 \`3 , before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared c- ��>�%'z—.--' to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 -N& . c I NA`Mllifi,� Notary Public in and for the State of s /J/ Washington, residing at �\ �+++aiafNpr v:�15SIpry 4,rr�/� 00 ,SOr4,p ' - a .0 al?(n r �1 % o• �= My Commission Expires: yA - O�''"�u WA S H`NG\'; Bill of Sale 3 of 5 STATE OF WASHINGTON ) Ss COUNTY OF KING ) On this % day of �oc'.� , 20 7Ns� _ , before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me to be the and k respectively of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. `p5Vill�fit ' \g��ScoN = rOSAAy� '�� �� Notary Public in and for the State of s`v Washington, residing at s �1/111FOF`WAy� My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 20 f n Bill of Sale 4 of 5 r \ KE NT WA S H 1 N a r o N ' ENGINEER'S CERTIFICATION CITY OF KENT *� KING COUNTY, WASHINGTON SThe figures used on the Bill of Sale for K1215T.1;NNI i'tflr ssENJ project rdated Rnui-- I , �0I0 , for the same said Kiziei'rr,Ia �arv4-e4 project. Jn4+ti1 ]� • Sto x- A the undersigned 1 P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and ' is an employee of the firm ' responsible for the preparation of the record drawings. N. WASy�2�1` o r Sigli 931234 (Engi � uired) Bill of Sale 5 of 5 r . Kent City Council Meeting Date August 17, 2010 Category Consent Calendar - 6L 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION TARGET ZERO TEAMS GRANT - ACCEPT ' 2. SUMMARY STATEMENT: Accept a grant from the Washington Traffic Safety Commission in the amount of $14,210 to fund the deployment of Target Zero r Team DUI patrols at times and locations where data indicates that the most safety benefit can be realized as determined by the King County Target Zero Task Force, amend the budget, authorize the expenditure of the funds in accordance r with the grant agreement, and authorize the Chief to sign all necessary documents. The grant period is from July 1 through September 30, 2010. Funding is on a reimbursement basis. 1 r 3. EXHIBITS: Memorandum of Understanding ' 4. RECOMMENDED BY: Public Safety Committee 8/10/10 (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: rCouncilmember moves, Councilmember seconds r ' DISCUSSION: ACTION: r iasTreo� 04 b�• � s ,e 15 �H1 V o 1899�Y MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION Target Zero Teams North and South King County Target Zero Task Forces Law Enforcement, Law Enforcement Liaison, Target Zero Manager THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Kent Police Department and the Washington Traffic Safety Commission (WTSC). ' TERM: July 1 to Sept 30, 2010 AMOUNT: NOT TO EXCEED $14,210 CFDA # 20.601 ' IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for King County Law Enforcement Agencies to participate in the Target Zero Teams project. GOAL: to reduce the number of people killed or seriously injured by impaired drivers in King County through aggressive, multi-jurisdictional, high-visibility Olt patrols using an integrated systems approach to traffic safety which is evidenced-based and targets the locations where the most safety benefit can be realized. IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. SCOPE OF WORK: The Target Zero Team DUI patrols will be deployed at times and locations where data indicates that the most safety benefit can be realized as determined by the King County Target Zero Task Forces. 2. CONDITIONS: Kent Police Department will deploy highly skilled officers 1 in coordination with other King County Law Enforcement agencies, the King County Target Zero Task Forces, and the WSP District 2 Target Zero Team to generate the highest amount of deterrence possible. ' Kent Police Department certifies that all of the officers that participate in DUI emphasis patrols under the terms of this agreement are SFST trained. Officers participating on the Target Zero Teams project must be proficient in conducting standard field sobriety tests. Officers who ' Created: May 27, 2010 TZT KING LE MOU Page 1 of 4 received SFST training prior to 2008 will need to have the 1.5 hour SFST refresher training by January 1, 2011 The 16-hour Advanced Roadside Impaired Driving Enforcement (ARIDE) course is recommended for officers participating in Target Zero Team patrols. 3. PAYMENT FOR LAW ENFORCEMENT: Kent Police Department will ' provide commissioned law enforcement with appropriate equipment (vehicle, radar, etc.) and on an overtime basis (not to exceed 1.5 times their normal salary and benefits) to participate in these emphasis patrols. Kent Police Department will also provide the King County Target Zero Task Force Law Enforcement Liaison on an overtime basis (not to exceed , 1.5 times their normal salary and benefits) as needed, to review data, plan operations, and coordinate emphasis patrols; not to exceed $2,250 00 Kent Police Department will also provide the South King County Target Zero Task Force Manager on an overtime basis (not to exceed 1.5 times their normal salary and benefits) as needed as needed for the management of the Target Zero Teams project up to 16 hours a month for 3 months; not to exceed $2,160.00 total. ' 4. Overtime for court appearances that result from a law enforcement officer making a DUI arrest while on Target Zero Teams patrol will be considered for reimbursement with approval from the Target Zero Manager or her designee. 5. DISPATCH: WTSC will reimburse communications officers/dispatch , personnel for work on this project providing Kent Police Department has received prior approval from the Target Zero Manager. 6. GRANT AMOUNT: WTSC will reimburse Kent Police Department for overtime salary and benefits. Your agency is allotted $14,210.00 for the , cost of this project. This allocation may be increased by your Target Zero Manager during the above campaign(s), without amending this agreement PROVIDED THAT the Increase in the allocation does not exceed 50% of the original amount. Any increase in allocation exceeding 50% will require an amendment to this document. 7. PERFORMANCE STANDARDS: ' a. All participating law enforcement are required to have 3 self- Initiated contacts per hour of enforcement, or show DUI arrests. b. Some violator contacts may result in related, time-consuming activity. This activity is reimbursable. c. Other activities, such as collision investigation or emergency , response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. Created: May 27, 2010 TZT KING LE MOU Page 2 of 4 , ' 8. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: a. Invoice Voucher (A19-1A Form). • Kent Police Department identified as the "Claimant"; • A Federal Tax ID #; and, • Original signature of the agency head, command officer or contracting officer. b. Payroll support documents (signed overtime slips, payroll documents). ' c. Officer TZT Emphasis Patrol Activity Logs (attached) showing 3 or more self-initiated contacts per hour and/or DUI arrests for reimbursement for any patrol overtime reimbursement. 9. DEADLINES FOR CLAIMS: All claims for reimbursement for emphases conducted between July 1 and September 30 must be received by WTSC no later than November 15. WTSC will NOT pay faxed copies of any claims unless previously approved by the WTSC program manager. 10. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel consisting of one representative of the WTSC, one representative from Kent Police Department, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. ' 11. TERMINATION: Either party may terminate this agreement upon 30 days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. 12. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. ' IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. Kent Police Department Aygncy Washington Traffic Safety Commission traaccttiing A ent ( Date Co llytrl_�. S n Lure o'721to Date Agency address (for mailing fully executed MOU) 220 4th Ave. S. Kent, WA 98032 Created. May 27, 2010 TZT KING LE MOU Page 3 of 4 r Please return two signed MOUs to your Target Zero Manager. ! Cesi Velez, Kent Police, Target Zero Manager 220 4th Ave. S. ' Kent, WA 98032 253.856.5884 cvelez@ci.kent.wa.us Target Zero Manager will return to: ' Shelly Baldwin, WTSC Impaired Driving Program Manager 621 - 8th Avenue SW, Suite 409, PO Box 40944 Olympia, WA 98504-0944 360.725.9889 sbaldwin@wtsc.wa.gov ! t i 1 1 1 Created: May 27,2010 TZT KING LE MOU Page 4 of 4 Kent City Council Meeting Date August 17, 2010 Category Consent Calendar - 6M 1. SUBJECT: EMERGENCY MANAGEMENT PERFORMANCE GRANT AMENDMENT - ACCEPT 2. SUMMARY STATEMENT: Accept the Washington State Military Department Emergency Management Division, Emergency Management Performance Grant ' (EMPG) amendment increase of $6,860, amend the budget, authorize expenditure of the funds in accordance with the grant agreement, and authorize the Mayor to sign all necessary documents. This is an amendment to the EMPG grant that increases the funding available to the Office of Emergency Management (OEM). Due to a recalculation of the grant allocation percentage, the amount awarded to OEM is increased from $94,532 to $101,392. The existing contract language, requirements, conditions, terms and grant period are unchanged. 3. EXHIBITS: Washington State Military Department Contract EMPG Grant Amendment 4. RECOMMENDED BY: Public Safety Committee (8/10/10) (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? Yes Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: FIRE EMERGENCY MANAGEMENT t Dominic Marzano Emergency Manager/ Division Chief • 24611 1161h Ave SE K EN T Kent, WA 98030 w^5H1N'TCN Fax 253-856-4119 PHONE: 253-856-4440 DATE: JULY 28, 2010 ' TO: Public Safety Committee FROM: D. V. Marzano, Emergency Manager SUBJECT: Approval and acceptance of of the WA State Military Dept Emergency Management Division, Emergency Management Performance Grant (EMPG) amendment and authorize the Mayor to sign the the amendment document. MOTION: Recommend approval and acceptance of the WA State Military Dept Emergency Management Division, Emergency Management Performance Grant (EMPG) amendment and authorize the Mayor to sign the the amendment document ' SUMMARY: ' This is an amendment to the EMPG grant that increases the funding available to the Office of Emergency Management (OEM). Due to a recalculation of the grant allocation ' percentage the amount awarded to OEM is increased from $94,532.00 to $101,392.00. This is a total increase of $6,860.00. ' The existing contract language, requirements, conditions, terms and grant period are unchanged. EXHIBIT: ' Washington State Military Department contract #E10-253, EMPG grant amendment BUDGET IMPACT: ti No impact this is a pass through grant ' City of Kent Fire Department- Internationally Accredited Fire Agency Jim Schneider, Fire Chief/Director of Emergency Management Washington State Military Department AMENDMENT 1 CONTRACTOR NAME/ADDRESS 2 CONTRACT NUMBER 3 AMENDMENT NUMBER City of Kent Emergency Management 24611 116`" Avenue SE E10-253 A Kent, WA 98030 4 CONTRACTOR CONTACT PERSON, NAME/TITLE 5 MD STAFF CONTACT, NAME/TELEPHONE ' Jennifer Keizer, (253) 866-4342 Charma Anderson (253) 512-7064 jdkeizer@ci.kent.wa.us c.anderson@emd.wa.gov 6 TIN or SSN 7 CATALOG OF FEDERAL DOMESTIC 8 FUNDING SOURCE NAME/AGREEMENT# 91-6001254 ASST (CFDA)# 97.042 EMPG 2010-EP-EO.0027 9 FUNDING AUTHORITY Washington State Military Department (Department) and U S Department of Homeland Security (DHS) 10 DESCRIPTION/JUSTIFICATION OF AMENDMENT, MODIFICATION, OR CHANGE ORDER ' The U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) provided federal funding to enhance and sustain emergency management programs. EMD withheld 10% of the pass through funding pending applicant budget review and approval. Local applicant funding is being increased to include the funding that was with held. 11 AMENDMENT TERMS AND CONDITIONS 1. The overall contract expiration date of March 31, 2011 remains unchanged. ' 2. Change the contract amount from $94,532 to $101,392, an increase of$6,860. 3. Replace the Local/Tribal Budget with the attached Revised Local/Tribal Budget. This Amendment is incorporated in and made a part of the contract Except as amended herein, all other terms and conditions of the contract remain in full force and effect Any reference in the original contract or an Amendment to the "contract" shall mean "contract as amended" The Department and Contractor acknowledge and accept the terms of this Amendment as identified above, effective on the final date of execution below By signing this Amendment, the signatories warrant they have the authority to execute this Amendment IN WITNESS WHEREOF, the parties have executed this Amendment ' FOR THE DEPARTMENT. FOR THE CONTRACTOR. ' Signature Date Signature Date James M. Mullen, Director Suzette Cooke, Mayor Emergency Management Division Washington Military Department Signature Date Jim Schneider, Fire Chief APPROVED AS TO FORM: for Brian E Buchholz (signature on file) 3/12/2010 Assistant Attorney General City of Kent Emergency Management Form 10/27/00 DHS-EMPG-FFY 10 Page 1 of 2 City of Kent Emergency Management ' El 0-253 Amendment A REVISED Budget Sheet , FFY10 Emergency Management Performance Grant Program LOCAL/TRIBAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY , 2010 Local Category Funds Budget* Salaries and Benefits $439,815 ' In-Direct Costs $0 , Travel $560 Equipment $4,003 ' Supplies $4,572 Telephones $4,673 , IT $0 Printing $0 Janitorial/Maintenance $0 , Auto Lease $12,443 Space Rental $1,860 ' Insurance $215 Subcontractor $2,471 Other $45,955 Total All Program Costs $516,567 FFY10 EMPG Award $101, 992 The City of Kent Emergency Management award is $101,392 This is based on the FFY10 allocation factor of 19.628% of approved local/tribal emergency management operating budgets. This award will not be used to supplant the existing local/tribal funds identified above. The Department's Reimbursement Spreadsheet will accompany each reimbursement request submitted. In addition, the Contractor agrees to make all records available to Military Department staff, upon request A total of 3% of this award can be used to pay for management and administration of this contract. If the local/tribal emergency management operation budget should change, as the award contract amount is based on the budget, an amendment may have to be issued modifying the award contract amount. * No federal funds are included in the local emergency management operating budget Funding Source: U.S. Department of Homeland Security- PI#703PT— EMPG DHS-EMPG-FFY 10 Page 2 of 2 City of Kent Emergency Management E10-253 Amendment A tKent City Council Meeting Date August 17, 2010 Category Consent Calendar - 6N 1. SUBJECT: BUREAU OF JUSTICE ASSISTANCE, EDWARD BYRNE MEMORIAL GRANT AWARD - ACCEPT 2. SUMMARY STATEMENT: Accept a grant from the Bureau of Justice in the amount of $84,277, amend the budget, authorize expenditure of the funds in accordance with the grant agreement, and authorize the Mayor to sign all necessary grant documents. This grant funding will provide the following: mobile communication devices for field law enforcement officers; an electronics and video device forensic workstation upgrade and training for two investigators; training for one police commander to attend the Senior Management Institute for Police; the purchase of a storage shed to expand the Kent Jail work crew opportunities; life skills workshops and flagger training classes for Kent Jail inmates; and exterior building cameras will be purchased and installed on the Kent Jail annex building to increase safety and security for employees and offenders assigned to programs. Goals: (1) 10% decrease in crimes occurring in Kent crime hot spots; (2) 10% increase in participants of Jail alternatives and education classes; (3) Maintain effective public safety services for Kent The project period will last between 15 and 36 months, beginning on or after October 1, 2010 No city matching funds are required. 3. EXHIBITS: Department of Justice documents 4. RECOMMENDED BY: Public Safety Committee 8/10/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: i Department of Justice Office of Justice Programs Ai `e4 bh vr.r Bureau of Justice Assistance Office of Justice Programs Washington,D C 10531 August 6,2010 _ Chief Steven Strachan City of Kent 220 South 4th Avenue Kent, WA98032-5895 Dear Chief Strachan. On behalf of Attorney General Eric Holder,it is my pleasure to inform you that the Office of Justice Programs has approved your apphc ation for funding under the FY 10 Edward Byrne Memorial Justice Assistance Grant(JAG)Program Local Solicitation in the amount of$84,277 foi City of Kent Enclosed you will find the Grant Award and Special Conditions documents This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand Should you not adheie to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: - Program Questions,Jeffrey S Felten-Green, Program Manager at(202) 514-8874,and ' - Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask ocfo a%usdoj gov Congratulations,and we look forward to working with you Sincerely, James H Burch 11 Acting Director Enclosures " Department of Justice r Office of Justice Programs Office for Civil Rights Washinglon,D C 20531 August 6,2010 Chief Steven Strachan City of Kent 220 South 4th Avenue Kent, WA 98032-5895 Dear Chief Strachan. Congratulations on your recent award In establishing financial assistance programs, Congress linked the receipt of Federal fundin t compliance with Federal civil rights laws The Office for Civil Rights(OCR), Office of Justice Programs(OJP), U S Department is responsible for ensuring that recipients of financial aid from OJP,its component offices and bureaus, the Office on Violence A Women (OV W),and the Office of Community Oriented Policing Services(COPS)comply with applicable Fcderal civil rights statute regulations We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,color,national origij religion, sex,or disability in funded programs or activities,not only in respect to employment practices but also in the delivery of ser benefits Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of service benefits Providing Services to Limited English Proficiency(LEP)Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U S C § 2000d, reJ11- Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons English proficiency (LEP) For more information on the civil rights responsibilities that recipients have in providing language service LEP individuals,please see the website at http//www lep gov Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations In general regulation,Participation in Justice Department Programs by Religious Oiganizahons, Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C F R part 39, requires State Administering Ago to treat these organizations the same as any other applicant or recipient The regulation prohibits State Administering Agencies frcl award or Brant administration decisions on the basis of an organization's religious character or affiliation,religious name, or the r composition of its board of directors The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inhi religious activities While faith-based organizations can engage in non-funded inherently religious activities,they must be held se from the Department of Justice funded program,and customers or beneficiaries cannot be compelled to participate in them The Equ, Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not p discriminate in the provision of services on the basis of a beneficiary's religion For more information on the regulation,please see website at http//www cjp usdoJ gov/ocr/ettbo him State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended, the Victims o i Act,as amended, and the Juvenile Justice and Delinquency Prevention Act,as amended,contain prohibitions against discrimmati i basis of religion in employment Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act(RFRA)is reasonably construed,on a case-by-case basis,to require that its funding agencies penult fait organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering r when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment c i Enforcing Civil Rights Laws All recipients of Federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the numb( employees in the workforce, are subject to the prohibitions against unlawful discrimination Accordingly, OCR investigates recipient are the subject of discrimination complaints from both individuals and groups In addition,based on regulatory criteria,OCR selects number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing s equitably to all segments of their service population and that their employment practices meet equal employment opportunity standar Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions,an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,42 U S C § 3789d(c),or other Federal gra program requirements,must meet two additional requirements (1)complying with Federal regulations pertaining to the development Equal Employment Opportunity Plan (EEOP),28 C F R §42 301- 308,and (2)submitting to OCR Findings of Discrimination(see C F R §§42 205(5)or 31 202(5)) 1) Meeting the EEOP Requirement In accordance with Federal regulations,Assurance No 6 in the Standard Assurances, COPS Assurance No 8 B,or certain Federal gr program requirements,your organization must comply with the following EEOP reporting requirements If your organization has received an award for S500,000 or more and has 50 or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare an EEOP and submit it to OCR for review within 60 days from date of this letter For assistance in developing an EEOP,please consult OCR's website at hltp//www nip usdoj govlocr/eeop htin may also request technical assistance from an EEOP specialist at OCR by dialing(202)616-3208 If your organization received an award between$25,000 and$500,000 and has 50 or more employees,your organization still has to I an EEOP, but it does not have to submit the EEOP to OCR for review Instead,your organization has to maintain the EEOP on file al make it available for review on request In addition,your organization has to complete Section B of the Certification Form and return OCR The Certification Form can be found at hup //www oIp usdol govlour/eeop him If your organization received an award for less than$25,000,or if your organization has less than 50 employees,regardless of the air the award,or if your organization is a medical institution,educational institution,nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement However,your organization must complete Section A of the Certification Form return it to OCR The Certification Form can be found at blip//www olp usdol gov/ocr/eeop htm 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against yet organization after a due process hearing,on the ground of race,color,religion, national origin, or sex,your organization must submit of the finding to OCR for review Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies,you are responsible for assuring that Subrecipients also comply with all of th applicable Federal civil rights laws,including the requirements pertaining to developing and submitting an EEOP,reporting Findings Discrimination, and providing language services to LEP persons State agencies that make subawards must havc in place standard gr, assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal ftinding,please call OCR at(20: 0690 or visit our website at http//www olp usdol govlocr/ Sincerely, Michael L.Alston Department of Justice Office of Justice Programs Bureau of Justice Assistance Grant PAGE 1 of s 1 RECIPIENT NAME AND ADDRESS(Including Zip Code) 4 AWARD NUMBER 2010-DJ-BX-0217 - City of Kent 220 South 4th Avenue 5 PROJECT PERIOD FROM 10/01/2009 TO 09/30/2013 Kent,WA 98032-5895 BUDGET PERIOD FROM 10/01/2009 TO 09/302013 6 AWARD DATE OS/0612010 17 ACTION IA GRANTEE IRS/VENDOR NO �8 SUPPLEMENT NUMBER Initial 916001265 00 9 PREVIOUS AWARD AMOUNT -- $0 - 3 PROJECT TITLE 10 AMOUNT OF THIS AWARD $84,277 Kent Police Department Law Enforcement and Correc Uons Protect --- - --III TOTAL AWARD— — - - _ - $84,277 12 SPECIAL CONDITIONS 1 THE 460V E GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S) 13 STATUTORY AUTHORITY FOR GRANT This protect is supported under FYI 0(BJA-JAG)42 USC 3750,et scq i 15 METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16 TYPED NAME AND TITLE OF APPROVING OFFICIAL �8 TYPED NAME AND TITLE OF AUTHORIZED GRANTEE 01 FICCAL James H Burch 11 Steven Strachan Acting Director Police Chief 17 SIGNATURE OF APPROVING OFFICIAL 19 SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A DATE s AGENCY USE ONLY 20 ACCOUNTING CLASSIFICA710N CODES 21 JDJUGT1253 FISCAL FUND BUD DIV YEAR CODE ACT OFC REG SUB POMS AMOUNT X B DJ 80 00 00 84277 L -- OJP FORM 4000/2(REV 5-87)PREVIOUS EDITIONS ARE OBSOLETE Department of Justice I , ; Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 GE 5 Grant PROJECT NUMBER 2010-DJ-BX-0217 AWARD DATE 08/06/2010 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs(OJP) Financial Guide 2 The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C F R Section 42 302),that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3 The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments,and Non-Profit Organizations, and further understands and agrees that funds may be withheld,or other related requirements may be imposed, if outstanding audit issues(if any)from OMB Circular A-133 audits(and any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described in the current edition of the OJP Financial Guide,Chapter 19 �N 4 Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government, without the express prior written approval of OJP 5 The recipient must promptly refer to the DOI OIG any credible evidence that a principal.,employee,agent,contractor, subgrantee,subcontractor,or other person has either 1)submitted a false claim for grant funds under the False Claims Act,or 2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest, bribery,gratuity,or similar misconduct involving grant funds This condition also applies to any subrecipients Potential fraud,waste, abuse,or misconduct should be reported to the OIG by- mail Office of the Inspector General U S Department of Justice Investigations Division 950 Pennsylvania Avenue,N W Room 4706 Washington, DC 20530 e-mail oig hotline@usdoJ gov hotline. (contact information in English and Spanish) (800)869-4499 or hotline fax (202)616-9881 Additional information is available from the DOJ OIG website at www usdoJ gov/oig 6 Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its 1 subsidiaries, without the express prior written approval of OJP 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee Cf 28 C F R parts 66, 70 Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 3 OF s ,,_ z Grant PROJECT NUMBER 2010-DJ-BX-0217 AWARD DATE 08/06/2010 SPECIAL CONDITIONS 8. To support public safety and Justice information sharing,OJP requires the grantee to use the National Information Exchange Model(NIEM)specifications and guidelines for this particular grant Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines For more information on compliance with this special condition,visit http//www niem gov/implementationguide php 9 To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between Jurisdiction, such systems shall employ, to the extent possible,existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system 10 The grantee agrees to comply with the applicable requirements of 28 C F R Part 38,the Department of Justice regulation governing"Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation") The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities,such as worship,religious instruction, or proselytization Recipients of direct grants may still engage in inherently religious activities,but such activities must be separate in time or place from the Department of Justice funded program,and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances,consider religion as a basis for employment See http//www cjp gov/about/ocr/equal_tbo him 11. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels,must conform to the grant program requirements as stated in BJA program guidance 12. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C F R Part 23,Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable Should OJP determine 28 C F R Part 23 to be applicable,OJP may,at its discretion,perform audits of the system, as per the regulation Should any violation of 28 C F R Part 23 occur, the recipient may be fined as per 42 U S C 3789g(c)-(d) Recipient may not satisfy such a fine with federal funds 13 The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement For a list of State Information Technology Points of Contact,go to http//www it ojp gov/default aspx9area=policyAndPrachce&page=1046 14 Grantee agrees to comply with the requirements of 28 C F R Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate,and subject informed consent 15. Grantee agrees to comply with all confidentiality requirements of 42 U S C section 3789g and 28 C F R Part 22 that are applicable to collection,use, and revelation of data or information Grantee further agrees,as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 C F R Part 22 and,in particular, section 22.23. } ' Department of Justice Office of Justice Programs AWARD CONTINUATION tam Bureau of Justice Assistance SHEET PAGE a OF 5 h. Grant PROJECT NUMBER 2010-DJ-BX-0217 AWARD DATE 08/06/2010 SPECIAL CONDITIONS 16. The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA), the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee Accordingly,the grantee agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds That is,as long as the activity is being conducted by the grantee,a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met The activities covered by this special condition are a New construction, b Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places, c A renovation, lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size, d Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used, for example, in office,household, recreational,or education environments, and e Implementation of a program relating to clandestine methamphetamme laboratory operations, including the identification,seizure,or closure of clandestine methamphetamme laboratories The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at http//www o1p usdej gov/BJA/resource/nepa html, for programs relating to methamphetamme laboratory operations Application of This Special Condition to Grantee's Existing Programs or Activities For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee, upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity 17. The recipient is required to establish a trust fund account (The trust fund may or may not be an interest-bearing account)The fund, including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Prograin(JAG) The recipient also agrees to obligate and expend the grant funds in the trust fund(including any interest earned)during the period of the grant Grant funds (including any interest earned)not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report(SF-425) 18 The recipient agrees that funds received under this award will not be used to supplant State or local ftinds,but will be used to increase the amounts of such funds that would,in the absence of Federal funds,be made available for law enforcement activities Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 5 ,,4 _ ^r `' Grant PROJECT NUMBER 2010-DJ-BX-0217 AWARD DATE 08/06/2010 SPECIAL CONDITIONS 19 Award recipients must submit quarterly a Federal Financial Report(SF-425)and annual performance reports through GMS (https//grants cjp usdcj gov) Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA),P L 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool(PMT)website(www bjaperformancetools org) For more detailed infon-nation on reporting and other JAG requirements,refer to the JAG reporting requirements webpage Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation 20 Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS, including telephone number and e-mail address If any mtormation is incorrect or has changed, a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes 21 The grantee agrees that within 120 days of award acceptance,each member of a law enforcement task force funded with these funds who is a task force commander,agency executive,task force officer, or other task force member of equivalent rank,will complete required online(internet-based)task force training The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership(www ctfli org) All current and new task force members are required to complete this training once during the life of the award,or once every four years if multiple awards include this requirement I his training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement,personnel selection,and task force oversight and accountability Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership(www ctfli org) Kent City Council Meeting Date August 17, 2010 Category Other Business - 7A 1. SUBJECT: SAAR PIONEER CEMETERY HISTORICAL LANDMARK DESIGNATION RESOLUTION - ADOPT 2. SUMMARY STATEMENT: The Kent City Code Chapter 14.12 provides that a nomination for declaration of a historic landmark may only proceed through the nomination process with the City of Kent Landmarks Commission if it first receives approval from the Kent City Council. A historic landmark designation is intended to foster civic pride in the beauty and accomplishments of Kent's past. The cemetery is the resting place of area citizens dating back to 1873. The owner of the cemetery, Kent United Methodist Church, is supportive of this historic landmark nomination. i 1 3. EXHIBITS: Resolution and Memo dated 8/9/10 with Attachment B and C ' 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A ICurrently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Resolution No. approving the nomination of the Saar Pioneer Cemetery for further evaluation by the City of Kent Landmarks Commission under Chapter 14.12 of the Kent City Code. i DISCUSSION: ACTION: ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director 400 PLANNING SERVICES KF14 Fred N. Satterstrom, AICP, Director Charlene Anderson, AICP, Manager Phone: 253-856-5454 Fax: 253-856-6454 Address 220 Fourth Avenue S. Kent, WA 98032-5895 August 9, 2010 To: Chair Jamie Perry and Economic and Community Development Committee Members From: Diamatris Winston, Planner Subject: Historic Landmark Designation - Saar Pioneer Cemetery For meeting of August 9, 2010 1 MOTION: I move to recommend/not recommend approval of the nomination of the Saar Pioneer Cemetery as an historic landmark and authorize the King County Historic Preservation Officer to process the 1 nomination application pursuant to the Interlocal Agreement for Landmark Services. SUMMARY: In September, 2006 the Kent City Council adopted Ordinance 3809 which provides a process for the nomination and designation of historic resources through an Interlocal agreement with King County. The Kent Historical Society has nominated the Saar Pioneer Cemetery for designation as an historic landmark. This nomination represents the third nomination under the landmark ordinance. Pursuant to Ordinance 3809 (KCC 14.12), no historic resource may proceed through the nomination procedure until the Kent City Council has approved the historic i resource for nomination. BUDGET IMPACTS: None. The Kent Historical Society and Saar Pioneer Cemetery supporters will pay the nomination application and processing fees. Processing expenses are estimated at $600.00. lBACKGROUND: In September of 2006, the Kent City Council adopted Ordinance 3809, which sets up a process for the designation of historic resources within the City of Kent. In March, 2008 the Council approved the first nomination application under the new ordinance for Herbert Bayer's Mill Creek Canyon Earthworks. In April, 2008 the Council approved the Bereiter House landmark nomination. Once the Council approves a nomination, it proceeds through the King County/City of Kent Landmarks Commission for review and decision. 1 Located on Kent's East Hill, the Saar Pioneer Cemetery has over 200 grave sites, and is significant as Kent Valley's oldest cemetery. The variety and notability of persons buried at the Cemetery adds to its significance. Margaret Olmstead (Saar) was born in 1842 and was a native Illinoisan; Peter Saar was born around 1830 and originally came from Bavaria, Germany. The Saar family came to the Washington Territory from Oregon around 1866. As one of the early Kent Valley pioneers, Peter Saar held vocations such as farmer, lumber mill owner, Methodist church founder, King County Commissioner, landlord and cemetery owner. In 1873, the unplanned cemetery began after the tragic death of Mrs. Margaret Saar during childbirth at age 31. Mrs. Saar was giving birth to her eighth child. At the time, there were no established community graveyards in the White River Valley. To provide a final resting place for his beloved wife, Mr. Peter Saar laid his wife to rest on Saar property grounds later established as the Saar Pioneer Cemetery. Sometime after his wife's burial, Peter Saar gave permission to use his property as the local cemetery. Persons from all walks of life, religions and ethnicities lie in final rest at the Cemetery. These people include early settlers and founders, as well as five known Civil War veterans and one veteran of World War I. In the City of Kent, there are familiar streets that bear the names of several cemetery residents, such as Burke Street located on Scenic Hill and Clark, Guiberson, Saar, Shinn, Smith and Willis Streets. Peter Saar was a founding member of Kent's Methodist Church. Methodist Church services in Kent were first recorded in 1861. In 1905, after Peter Saar had moved to Whatcom County, he deeded the cemetery property to the Kent United Methodist Church. At that time, the cemetery property was measured at 1.50 acres in size. Saar died at age 81 in 1911, and is buried in the Nooksack Cemetery. The Cemetery has been inactive since 1949, and became abandoned and neglected. Eagle scouts and other civic groups have worked periodically over the years to remove blackberry bushes and ivy. The South King County Genealogical Society began a restoration project in 2004. At that time, only a few headstones could be seen, and there was evidence of vandalism and loitering. By using donated labor and monies, the cemetery was completely cleared of overgrown vegetation and the headstones were reattached. It was the goal of volunteers to return an aura of respect and reverence to the site. The attached photos illustrate how the site looks now and its previous condition. ECDC Meeting August 9, 2010 Historic Preservation Page 2 of 4 i I •- ' -uw�pM(, ~ may+^• eb R 3i x l 'aa ($}FFl k}gjd« ++ff i' � . r r' iur F a ,,,,_4a. IT The Saar Pioneer Cemetery looms over Highway 167 on the hillside of South 2121h Street. It lies in a rectangular shape situated above the surrounding land which was graded and leveled for the Winco Food's parking lot. Winco built a fence around the Cemetery in 2004. Today, the Cemetery measures 3ust over one (1) acre, down from the original one and one-half (1+1/2) acres. Within the fenced area, visitors can see a fairly organized layout of headstones in rows oriented north to south. Although no official plot map has been located, 89 headstones and 18 bases with missing headstones are present. It is estimated that 100 people were buried either without grave markers or by markers that have deteriorated. Appendix B of the Statement of Significance offers a plot map prepared by the King I County Genealogical Society, as well as a list of marked graves. Appendix C of the Statement of Significance offers a list that identifies the departed resting in unmarked graves. Supporters plan to erect a gravestone for the departed who lie in unmarked graves. Of primary interest to the Kent Historical Society and groups like the South King County Genealogical Society are ways of maintaining and furthering the restoration that has taken place. Landmark status will ensure that a historic and sacred part of Kent's history is protected and thoughtfully cared after. As the property owner, Kent United Methodist Church, has given its support for obtaining historic landmark status for the Saar Pioneer Cemetery. ECDC Meeting r August 9, 2010 Historic Preservation Page 3 of 4 RECOMMENDATION: Staff recommends approval of the nomination of the Saar Pioneer Cemetery as an historic landmark. 1 DW\pm 5,\Permrt�Plan\HISTORIC PRESERVATION�2010�ECDC�06-09-10_ECDC Saar Cemetery Historic Preservation Memo doc Eric: Attachment A-Draft Resolution, Attachment B- Statement of Significance for Saar Pioneer Cemetery Landmark Nomination, Attachment C-King County Code Designation Criteria (20 62 040) cc: Charlene Anderson, AICP, Planning Manager Fred N Satterstrom, AICP, ECD Planning Director Ben Wolters, ECD Director Historic Preservation File 1 ECDC Meeting August 9, 2010 Historic Preservation Page 4of4 1 i RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, approving the nomination of Saar Pioneer Cemetery for further evaluation by the City of Kent Landmarks Commission under Chapter 14.12 of the Kent City Code. RECITALS i A. Chapter 14.12 of the Kent City Code (KCC), entitled "Landmark Designation and Preservation," was enacted by the Kent City Council to designate, preserve, and perpetuate those sites which reflect significant elements of the city of Kent's cultural, ethnic, social, economic, political, architectural, aesthetic, archaeological, engineering, historic, and other heritage. A historic landmark designation is intended to foster civic pride in the beauty and accomplishments of Kent's past; to stabilize and improve the economic values and vitality of Kent's landmarks; and to protect and enhance the Kent's tourist industry by promoting heritage- related tourism. This Chapter provides that a nomination may only proceed through the nomination process with the City of Kent Landmarks Commission if it first receives approval from the Kent City Council KCC 14.12.080. L1 Historic Landmark Nomination Approval Saar Pioneer Cemetery - Resolution B. The Saar Pioneer Cemetery, located above SR 167 on South 212th Street in Kent, has been nominated for designation as a historic landmark under Chapter 14.12 KCC. The owner of the Cemetery, Kent United Methodist Church, is supportive of this historic landmark nomination, and has asked that the nomination be allowed to proceed through the procedures established by Chapter 14.12 KCC. C. The Saar Pioneer Cemetery is the resting place for area citizens dating back to 1873 when an early settler, Margaret Olmsted Saar was interred on property owned by Peter Saar. The land subsequently became a community graveyard and persons from all walks of life were buried there, including notable area settlers, founders and residents. There are five confirmed Civil War veterans and one veteran of World War One. The Cemetery became inactive in 1949. The Cemetery occupies approximately one acre with an estimated two hundred burial sites. D. The basis for the nomination of Saar Pioneer Cemetery is Section 20.62.040(5) of the King County Code which is adopted by reference in Chapter 14.12 KCC and provides that a property will be eligible for designation if "[A] cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from t distinctive design features, or from association with historic events." NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: , RESOLUTION SECTION 1. - Recitals Incorporated. The foregoing recitals are incorporated and fully made a part of this resolution. 2 Historic Landmark Nomination Approval Saar Pioneer Cemetery - Resolution SECTION 2. - Approval of Landmark Designation Nomination. The Kent City Council, per KCC 14.12.080, approves the nomination of the Saar Pioneer Cemetery for further processing by the City of Kent Landmarks Commission. SECTION 3. - 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. tSECTION 4 - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 5. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 6. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2010. 3 Historic Landmark Nomination Approval Saar Pioneer Cemetery - Resolution CONCURRED in by the Mayor of the City of Kent this day of , 2010. SUZETTE COOKE, MAYOR ' ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this Is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 2010. l BRENDA JACOBER, CITY CLERK 1 1 P.\Civil\Resolution\HistoncPreservationApprovalOfNominationSaarCemetery docx 4 Historic Landmark Nomination Approval Saar Pioneer Cemetery - Resolution Landmark Nomination for the Saar Pioneer Cemetery Attachment B 1 December 2009 LANDMARK NOMINATION for the SAAR PIONEER CEMETERY Statement of Significance The Saar Pioneer Cemetery, located on the East Hill of Kent, King County, Washington is noted as an atypical example of a local small town cemetery. Unplanned, it began spontaneously due to a family tragedy, and it grew to eventually accommodate over 200 gravesites.i It is significant as the Kent valley's oldest cemetery, and for the variety and notability of local persons buried there through its 75 years of operation People fiom all I walks of life, including fanners, soldiers, businessmen, and babies lie in final rest at the historic Saar Pioneer Cemetery site. Over the years the cemetery has been encroached upon by the needs of modern society, which has surrounded it on tluce sides by a supermarket parking lot with a four-lanc road on the other. Landmark status will ensure that this historic and sacred land will be respected and thoughtfully caied for in the future. White River Valley and the City of Kent History The White River Valley was forged by water originating from the Emmons Glacier high on Mt. Rainier. The White River was joined in the lowlands by the Green River and both flowed through the valley to Puget Sound Called the Duwamisli by the Native Americans, the river system molded the valley over thousands of years Every year the river overflowed its banks and flooded the land, depositing rich silt Native vegetation grew prolifically, including foodstuffs such as berries and root plants On the surrounding hills forests of Douglas fir, cedar, hemlock and maple grew. The Native Americans lived in the valley in lnannony with the land, the fiver, and the forests At least three native groups were living along the river's banks at various sites in the valley. An elite branch of the Duwannsh Tribe called this area `Stook'. Using dugout canoes, the river was then main form of n ansportation in the area. The earliest white settlers to the White River Valley came in 1853. The river was a highway to the hush and fertile land desired by fanners from around the nation and the world The I Donation Land Claims Act gave each single white man 320 acies of land when occupied and improved for five years. A married couple could claim 640 acres Some of the earliest settlers to this ai ea were Samuel Russell, David Neely, Moses Kirkland, and John Thomas. In 1855- 56 there was a period of upset and conflict between the Native Americans and the white settlers in the valley and surrounding area By 1857 most natives were moved out to the Muekleshoot Reservation near Auburn. At the conclusion of this conflict, more pioneer s and immigrants came to the valley in search of farmland By 1860 land was cleared and crops such as potatoes, onions, cabbage, and hay were growing throughout the valley. Cattle and sheep were raised for sale and transported by boat to Seattle The "Golden Age of Hops" began in the 1870s and eventually made some farmers very wealthy by the 1880s During this period, several small villages grew Lip on the valley floor Henry Yesler platted the Town of Yesler in 1884, and Titusville grew around the nearby Titusville Hotel However by 1890, the consensus grew to formally incorporate the area into the town of Kent. This 1 name may have been taken from that of County Kent, England, which Gvas also known for its cultivation of hops Unfortunately, the hops boom turned to a bust in the 1890's. Farmers 1 Landmark Nomination for the Saar Pioneer Cemetery turned to dairy cattle and pioduce such as peas, green beans, and bermes. Since the beginning of valley settlement, logging was also a successful enterprise. Lumber mills adorned the surrounding hills. The river was used to transport finished lumber down to Seattle and beyond. Saar Pioneer Cemetery History The Saar Pioneer Cemetery exists today due to a tragic occurrence, which tools place in the fall of 1873 in the Mute River Valley Mr Peter Saar, a farmer with land holdings on the east side of the valley, lost his beloved wife, Margaret, due to the complications of chi ldbi th At this time there was no established community graveyard. Thus, Margaret was laid to rest on a grassy knoll on the Saar property. Over time other community members were buried here in the valley's earliest cemetery, and it continued to giow. A second graveyard,the Mess Cemetery, was established later in 1878 on the opposite side of the valley. Today, the Saar Pioneer Cemetery looms over Highway 167 on the hillside at South 212`i' in Kent It is surrounded on three sides by a Wmco Foods parking tot with the fourth side facing the street. The Peter and Margaret Saar fanmily came to Washington Territory from Oregon around 1866 Petei was born about 1830 and originally came from Bavaria, Gennany, while Margaret Olmstead was born in 1842 and was a native of Illinois. They were eventually patents of eight children. Margaret gave birth to their First child, John, born in August 1859, at the age of 17 Laui a(also known as Lenin), born in approximately 1861/62; George,born in 1863; and Alice, born in 1865, were all born in Oregon. Their fifth child, William, was born in the White River Valley in 1867 Following William, came Carrie, born in 1870, and then Frederick, born in Septenbei 1871. The last child born to Peter and Margaret was daughter Margaret Eunice in October of 1873 2,3 As happened to many women of that time period, Margaret Saar died at the age of 31 due to complications from giving birth to her j eiglmth child. As one of the early pioneers to this area, Peter Saar wore many hats throughout the years: a farmer, lumber mill owner, Methodist church founder, King County Commissioner, Iandlord, and cemetery owner for the White River valley area He began his successful lumber business in 1883, and later sold it to Albert and Lysander Smith as the Kent Lumber Company He left the White River valley before 1900 and lived in Whatcom County until his death at age 81 years in 1911 He is buried in the Nooksaek Cemetery.`i After he moved north Saar deeded the cemetery property to his church, the Kent United Methodist Church, in approximately in 1905. At that time the cemetery property was measured at 1.50 act es in size ' Although no official deed has been located, King County records the Kent United Methodist Church as the present owners Methodist church services in Kent were first recorded in 1861. Reverend Rollin Charles Smith and his brother-in-law, Reverend Spaulding, preached alternate monthly services in the homes of Thomas Alvord and David Neely Reverend Smith helped organize the Methodist Episcopal Church in the White River Valley in 1864 A Methodist church class organized in 1865 inthe Kent area documented the participation of both Reverend Rollin Smith, and founding church member, Peter Saar. 2 Landmark Nomination for the Saar Pioneer Cemetei y I Over the years the Saar Pioneer Cemetery has been known by several different names* 1. Pioneer Methodist Cemetery 2. Methodist Cemetery 3. Peter Saai Cemetery 4. Peter Saar Memorial Cemetery 5, O'Brien Cemetery(not to be confused with St Patrick Catholic Cemetery) 6. M. E. Cemetery 7. Kent Cemetery (not to be confused with St. Patrick Catholic Cemetery or Hillcrest Burial Park) 8. Kent Methodist Cemetery 9 Wilson's Cornet I 10. Nelsons 11. Sprmgbrook While burials were the primary activity of the Saar Pioneer Cemetery, it was used on one occasion for other purposes This was a meeting of the state Kin Klux Klan in 1923 On the evening of July 14, 1923, nearly 1,000 Klan membeis and visitors inet in the cemetery to hear"King Keagle" Major Powell speak, and to -awl: at tiiewoiks and the spectacle of tall burning crosses This unusual event was the first and last of its kind held at the cemetery The Saar Pioncei Cemetery has been inactive from January 1949, when Mr Chris Hansen was the last known burial Since that time, the Saai Pioneer Cemetery has been largely abandoned and neglected. Several Eagle Scouts and other civic groups have worked periodically to tackle the blackberry bushes and ivy that tools over the property. However, without regular maintenance, nature always took over The South King County Genealogical Society (SKCGS) began a restoration pi of ect in late 2004 At that time the cemetei y was dark and gloomy, and blackberries and ivy covered the majority of the space Only a handful of headstones could be seen Vandalism was evident by the knocked over headstones and spray paint on trees with litter and empty beei bottles eveiywheie Using many volunteer labor hours, donations, Muckleshoot Chanty and King County grant funds, the cemetery has now been completely cleared of all blackberries and ivy, and the knocked over headstones have been ughted and reattached An aura of respect and i everence has returned to the site. Appendix A shows befoie and after photos of the project. Description The Saar Pioneer Cemetery lies in a common rectangular shape with the longer side oriented north to south It sits up above the surrounding land, as the hillside around it has been excavated and leveled for the Winco Food's parking lot. Wrnco built a chain link fence around the cemetery in 2004. The cemetery now measuicsjust over an acre in size, down from the original 1.5 acres. Within the fence one can see a fairly organized layout of headstones in rows oriented north to south Many of the family plots ate surrounded by concrete ctubing The Monster family plot has an iron fence still surrounding it, while the Nelson family plot has the iemnants of an iron fence. Other headstones are scattered here and there with some oriented east to west No official plot map has ever been found. 3 Landmark Nomination for the Saar Pioneer Cemetery Appendix B shows the layout of where the 89 headstones sit(some headstones have more than one name) and where 18 bases are located that are mussing headstones. Of these 89 headstones, many are sandstone and ate eroding almost to the point ofbeing unreadable However, the gianite and marble stories ate still in good condition Large family monuments represent the Lresrnger, Stephenson, Maddocks, and Burke families. Appendix C covers the large `Unmarked Graves' stone that is being planned for the approximately 100 people burred here that have no markers at all (research is on-going) Some gravesites may have had wooden crosses or markers, which have long since disintegrated, some families may have been too poor to purchase a headstone, some people were re-interred to another cemetery; and some markers have been stolen. The headstone of Ella Miller, which is currently missing from the cemetery, read: Ella Miller Died Feb 11, 1892 Aged 26yrs Gone but not forgotten. If not for the SKCGS transcription of the cemetery, published in 1981, Ms. Miller would have long been forgotten Those Interred When Peter Saar gave permission to use his property as the local cemetery, there seems to have been no restriction on who could or could not be buried Different religions and ethic groups are well represented Methodists and Baptists lie side by side, as do people with Japanese and Irish heritage In addition to the United States,other countries rcpi cscnted include Germany,Denmark, England, Canada, and Sweden. The organizations represented on several headstones ate the Salvation Army, the Fraternal Order of Eagles (F O E), the Masons, and the Women of Woodetaft Another oiganizatro❑represented is the Order Eastern Star(O E S ), but Mrs Laura M Stagg, who was a member of this organization, does not have an existing headstone. United States war veterans are also interred at the Saar Pioneer Cemetery site Five Civil War veterans, and one World War I(WWI) veteran were originally buried here The five Civil War Veterans are- William Button (Union), Elias Clark (Union), Nathaniel Hoag(Union), James lddings (Confederate then Union), and Lewis Wai ren (Union) Fred Lybeck was a WWI veteran. Two of these men, James Iddings and Fred Lybeck, were moved to Hillcrest Burial Park in Kent at later dates. Chittenden's Funeral Chapel was a popular undertaker in the Kent area in the early 1900's into the 1950's They handled many of the burials to the Saar Pioneer Cemetery All their records were destroyed when the chapel building was torn down. The Kent United Methodist Church, who is the current deed holder of the property, has the only written iecords found to date about any burials Handwritten on 17x11 pages is a list of funei als from 1914-1921. The places of interment indicated are- Cremation, Des Moines Cemetery, Kansas, Kent Cemetery, Methodist Cemetery, Meridian Cemetery, Seattle, SrnSe Creek, Sunnydale, Tacoma Cemetery, Vashon Cemetery, and Woodland Cemetery 4 Landmark Nomination for the Saar Pioneer Cemetery 1 The Saar Pioneer Cemetery listings are: Date Name Age Place of Interment Officiating Minister fOct 18, 1914 H F Enunons 60 Methodist Cemetery Richard Oates July 21, 1918 Lysandei M Smith 81 Methodist Cemetery S S Sulhgei and R Oates Aug 11, 1918 Mis Myitle Etta Bond 42 Methodist Cemetery Spencer S Sullrger (nee Smith) Oct 27, 1918 Mrs Geo (Lottie) Saar 47 Methodist Cemetery Spencer S Sulhger (Interment only) Jan 10, 1919 Chas.W Iddings 52 Methodist Cemetery Spencer S Sullrger Feb 27, 1919 A Y Buthart 71 ME Cemetery Spencer S Sulhger Jan 3, 1921 Wendela L Grund 85 Methodist Cemetery Spencer S Sulhget In the City of Kent there ate familiar street names that bear several cemetery residents' names Burke Street was located on Scenic Hill Clark, Gnuberson, Saar, Shinn, Smith, and Willis Streets are others Langston Landing is a business district on the cornea of Washington and Willis streets Van Doren's Landing along the Green River is very close to where Maddocksville once thrived. Biographies of Some Interred Mighill B. Maddocks was born in Bucksport, Hancock County, Maine in 1831, and came to the West Coast in 1859, landing at San Francisco from a steamer that made the trip around Cape Hem Some time later, however, he decided to come North, and reached Seattle in 1861, being among the first settlers here. At that time there were only two of three houses where the city now stands and the virgin forest that leached the shotes had hardy been touched by the hand of man. Mr Maddocks heard of the section in the White River Valley and embarked in a canoe from Seattle,which was regarded as dangerous and his return was awaited with considerable anxiety However, he succeeded in teaching a point well above Kent [O'Brien], and spent several days selecting a likely location, finally picking out the spot After erecting a cabin, he settled down and resided permanently on the homestead up to the date of his death in 1904 G His beloved wife, Carrie, died 12 years hater and was buried next to her husband. 1 A small community, called Maddocksville, developed on the east side of the river Maddocksville Landing, approximately located one mile northwest of Kent on Russell Road, was an important landing and ferry crossing for the early White Rivet Valley settlers The river was the main transportation route for these early settlers and opened up the area for settlement and agriculture. The site continued to be used as a ferry crossing until the early 1880's when the fast bridges were built across the White River.' Mr Maddocks amassed quite a fortune consisting of realty in this city, property and buildings at Kent, and a large farm and possessions at O'Brien, besides collateral and other securities William Rice Ross is the only person in the cemeterywnth a Mason emblem on a headstone He was born on 10 June 1859 in Seattle, King County, Washington Territory, the firstborn of John William Ross and Mary Jane McMillan 9,1Q He attended the University of Washington 5 Landmark Nomination for the Saar Pioneer Cemetery studying civil engineering Being lulown as careful and accurate in this profession, he was involved in constriction of the Puget Sound Shore Line railroad (now Norther Pacific from Seattle to Meeker Junction) and surveyed the plats of many sections of Kent and other towns of the state i On 28 December 1887 William married a teacher, Sarah Ann Willis, who was the daughter of Steven Park Willis and Caroline W White i�,13,ii Steven and Caroline Willis are also buried in the Saar Pioneer Cemetery William and Sarah made then home in the White River Valley where lie was a farmer and was an elected director of the local school board starting in June of 1895 is1 16 On 20 March 1901, William died at age 41, having been shot that day on his farm by a neighbor, Alexander B. Simpson, over a long-standing property dispute involving a fence.17 Two months alter William's death his mother-in-law, Caroline Willis, died on 8 May 1901 at her home in O'Brien, King County, as a result of the shock over his murder., Reverend Rollin Charles Smith was among the earliest pioneers to settle in the White River Valley and Orillna areas of Kmg County, Washington Territory, and appeared in many recorded events by 1860-6l,",20 On 8 January 1865, he maiiied Elizabeth Sarah Judd Hawkins in Riddle, Douglas County, Oregon 21 Rev. Smith and his brother-in-law, Rev Spaulding conducted the first recorded Methodist services in the White River Valley at the home of Thomas Alvord, his brother-in-law, south of Kent and at the David Neely home in 1861 They later preached alternate monthly services at the Alvord and Neely homes Rev Smith helped organize the Methodist Episcopal Church in the Valley in 1864 A eh Lit ch class in the Kent ai ea organized in 1865 included the names Rollin Smith along with Petei Saar, Levi Smith, and John Olmstead 2' Mr. Olmstead was the father of Margaret Olmstead Saai, Peter Saar's wife. Civil War Veterans Elias Clark was born 9 October 1831 in Bainbridge, Chenango County,New York He was j the son of Elias and Lorena Clark,who were both born in Connecticut On 25 December 1854, in Westfield Corner, Winnebago County, Illinois, Elias married Adaliza T Hudson. This couple had seven children- Jessie D Clark born in 1857, Harriett Bertha Clark (1858-1938), Willis H Clark born in 1863; Dolly Clark born in 1865, Myrtle E. born in 1868, Idalet born in 1869, and Garnt S.born in 1875. Elias acquired teaching credentials to teach in secondary schools in 1853 in DuPage County, Illinois. In 1859 he bought an agency for the selling of sewing machines, and continued at that profession until lie Joined the Union Army Elias Clark served dui mg the Civil War in the Union Army from two different states He was first enrolled on 11 August 1862 in Winnebago County, Illinois, and mustered in on 4 September 1862 as a private to Company F of the 741h Illinois Infantry He served from August 1862 to January 1963, and he was mustered out on account of disability; suffering the 6 Landmark Nomination for the Saar Pioneer Cemetery last several months from a variety of illnesses. He moved from Illinois to Michigan during his period of recuperation. On 7 September 1864 he again mustered in to the Union Army at Petei sburg, Virginia, as a private in Company D of the 20"' Michigan Infantry and served in that company until 30 May 1865,when he mustered out in Washington City, District of Columbia with an honorable discharge During the later part of his service lie sei ved as a hospital assistant In the 1870 census Elias was a carpenter in Clay, Hardin County, Iowa In 1880 Dr Elias Clark was living in Steamboat Rock, and between 1880 and 1900 was a practicing physician in rural areas of Iowa. On 15 July 1891, Elias applied toi a pension in Iowa based on his Civil War service record. In 1900 he was living in Algona, Kossuth County, Iowa Elias and Adaliza Clark lived briefly, about 1907, in Oklahoma, but by 1910 had moved to Meeker Precinct, King County, Washington a� Dr. Elias Clark died 18 August 1916 on the Veterans' Home at Retsil, near Port Orchard, in Kitsap County His home address was in the Meeker Precinct, Kent, King County, Washington He was buried in the Methodist Cemetery(Saar Pioneer Cemetery) on 22 August 1916. His wife, Adaliza Clark, died between 1910-1920, probably in Kent Di. Clark has an original military marker.23 Lewis Warren was born September 1824, in Connecticut. He married four times. His first wife was Paul ina (1825-1862), whom he married about 1847 She was age 19 and probably from New York The couple had two children Newman, born in 1848 and Chat les, born in 1849, About 1852, Lewis married Maigaret(1830-1866), age 24, probably from Illinois. Children by Margai et included Mai y born in1853; Josiah born in 1855, Austana born in 1857, Sarah born in 1859, and BenaJah born in 1863. The third wife of Lewis was Emma E. (1842-"), whom he married about 1868 Slnc was age 40, piobably from Nebraska They had three children Willie born in 1851, Ellen A born in 1856, and Frank A born about 1869. About 1880 Lewis married Lydia L (1853-1900), about 52 years of age, probably from Nebraska. Lydia gave Lewis three more children- Cathetme born in 1882; Rosamon A. born in 1884, and Everett born in 1885. In 1850 Lewis was living in rural Putnam County, Illinois He was 24 years old and making his living as a farmer He was living with Pauhna and their two children In 1856 he was living in Walnut, Pottawattanne County, Iowa, where he continued to farm until lie moved to the City of Columbus, in Platte County, Nebi aska By 1860 lie had inarried Margaret and continued to make his living as a farmer. Lewis initially mustered into the Union Army as a private in Company D the 15`�Iowa Infantry Regiment, on 2 November 1861 and served until 1 February 1862. He transferred to Company K and was wounded in the aini at the Battle of Corinth, Mississippi on 3 October 1862, but continued with his unit until 26 February 1863 when he was mustered out at Keokuk, Iowa. Lewis was next enrolled as a private in Company B of the 131" Iowa Infantry, on 14 November 1864, at Pottawattamie, Iowa, where he remained until mustered out 25 July 1865, in Louisville, Kentucky with a commendation for his distinguished service. 7 Landmark Nomination for the Saar Pioneer Cemetery Some time between the 1885 Nebraska State Census taken in Brown County, Nebraska, and ' the Washington State Territorial Census taken in 1892, Lewis moved to Kent, in King County, Washington. I Iis occupation at age 72 was listed as a gardener. Lewis Warren died 19 March 1902, in Fort Steilacoom,Pierce County, Washington, at the insane asylum. There is an old and very large maple tree that has grown around Mr. Warren's military headstone so the Department of Veteran's Affairs provided a military marker in March 2006. It is set neat the oriamal 24 il'R _ a r j World War I Veteran Fred Lybeck at the young age of 22 years, registered for the World War One draft on 5 June 1917. He gave his address as R.F.D. 2 in Kent. Fred indicated that he was single, but had a mother and one sister that was dependant on him 2' In The Kent Advertiser-Journal's Social & Personal column it was reported that Fred's health was severe enough that he was discharged from the army. It was printed on Thursday, 30 May 1918, on page 8, column 2: Fied Lybeck, who has been at Camp Lewis for several months, has been discharged from the army and arrived home yesterday He is said to be suffering with pneumonia and a complication of diseases Fred died from Tuberculosis Pulmonaiy on 31 May 1918 at the Base Hospital at Camp Lewis, Pierce County He is listed as `Pvt Co. A 361 Inf. He had been at the camp for only three months.26 He was buried in the Saar Pioneer Cemetery and then in 1947, his mother Lena, made arrangements to re-inter him to the Hillerest Burial Park. Other Early Local Cemeteries , The Julius and Amra Mess family cemetery was started 1878 when their two young daughters died from a diphtheria epidemic, Wilhemine on June 30 and Anna on July 5. The cemetery 8 Landmark Nomination for the Saar Pioneer Cemetery is located off Frager Road in Tukwila, King County, Washington. The area surrounding the site is now largely commercial and industrial. It is believed as many as fifty graves are located in the cemetery, although no plot map has ever been found and many of the ruaikers are long gone for whatever ieasons. There was once a white picket fence that sunoundcd the aiea, The last burial was that of Mrs. Anna Mess in 1910 The Tukwila Historical Society holds the deed to the property.27 St. Patrick Catholic Cemetery is located at South 204`l' Street and Orillia Road South in Kent, King County, Washington. An immigrant, Richaid O'Connell, from Limerick, heland, donated the land for cemetery use. The earliest burials appear to be that of Morgan O'Brien and his wife, Catherine, who both died in1880 L3 It is protected by a fence and a locked gate The Associated Catholic Cemeteries assumed iesponsibihty for the cemetery in July 1989. The staff of Gethsemane Cemetery in Federal Way, King County, Washington, provides maintenance and oversees operations and records as it is still inactive use.29 Hillerest But sal Park was first known as the Kent Cemetery and was located near Central Avenue South in Kent, King County, Washington It was dedicated in 1889 Due to frequent flooding, this proved to be an unsuitable place for a cemetery and property was acquired in 1890 on Knob Hill (Scenic Hill) and many wei e reinterred to the new property 14111crest has been under the jurisdiction of the Independent Order of Odd Fellows (LO.O.F.) and is still in active use 30 The Meridian Cemetery is located in Covington, King County, Washington, between Lake Meridian and Highway 18. An association was formed in 1902 and it is believed the first burial was in 1903 Several people were re-interred from the Suise Creek Cemetei y to the new Meridian Cemetery because some thought the Suise Ci eek ai ea was too wet for busying. Many of the early individuals buried in the Meridian Cemetery were members of the Zion Lutheran Church and the Lutheran Free Church. Eaily families from that church Were of Norwegian heritage The cemetery is still in active use. The Suise Creek area was first settled around 1900 and was originally spelled `Suise' and often spelled `Sees' The original Surse Creek Cemetery was located above Suise Creek on SE 240th, the North Road, in King County, Washington A new property was pulchascd in 1902 at SE 256d', the Middle Road, and 132nd SE, the Bishop Road, and the bodies were re- interred in 1903 A large population of Finnish people is buried here. It is still in active use and is open to any nationalities and iehgions 32 lENDNOTES: I King(ounty historic Sites Survey,Inventory Sheet,Field No 1W-36,File No 0132,Saar Pioneer Cemetery,22 December 1977 2 1870 U S census,King,Washington Territory population schedule,White River,p 43,dwelling 460,family 365,Peter Saar,digital images,An,esny(www ancesuy com accessed 2009),citing National Archives and Records Adminisuaoon mtuotilm NI593,loll 1633 3 1880 U S census,King,Washington reintory population schedule,White River,enumeration district(Ell)5,p 6B,dwelling 41,family ' 42,Peter Saai,digital onages,Ancestry(www ancesuy com accessed 2009),citing National Archives and Records Administration microfilm T9,roll 1397 4 Washington Bureau of Vital Statistics,death cerMicate(short form),176(1911),Peter Saw,FHL microfilm 0,196,519 I 5 Assessor Legal Descnpuon Recoids,Washington no 0722059009,King County,Assessor Real Propei ty Records I 9 L Landmark Nomination for the Saar Pioneer Cemetery 6 The Seattle Post-hitelligenrei (Seattle,WA),Mighdl B Maddocks obituary,3 August 1904,pg 17,col 2 7 King County Histmto Sites Swvey,Inventory Sheet,He No 0147,Maddocksville Landing,5 October 1977 8 The Seattle Port-Intelligencet (Seattle,WA),Mighill B Maddocks obituary,3 August 1904,pg 17,col 2 9 1860 U S census,King,Washington Territory population schedule,Seattle,p 84(275 stamped),dwelling 855,family 855,John Ross [erroneously indexed as Boss],digital images,Ancestry(isnw ancestry com),citing National Archives and Records Administration tract olilm M653,roll 1398 10 Washington State Genealogical Society,Washington Pioneeis and Fast Ciltaens,3 Volumes plus addendum(Olympia,Washington Washington Slate Genealogical Society,1993),Vol 2 p 401,Compiled from applications submitted by descendants of Washington State Pioneers(Centennial Pioneer Certificate Project) Library of Congress Catalog N 90-70999 11 "1lie Late William Ross,'(Kent) lf7uteRivet Join nal,30 March 1901 p 7,col 3 12 1360 U S census,Douglas.Oregon population schedule,Tenmile,p 148,dwelling 375,family 375,Stephen Willis,digital images, Ancestry(www ancestry com),citing National Archives and Records Administration mmotilm M653,roll 1055 13 Washington State and Tenuorial Censuses, 1857-1892,King Washington,population schedule, 1887 Kent,While River and McCalisler,line 18,S A Willis,digital images,Ancestry(www,ancestry com),citing Washington Territorial Census Rolls,1857-1892 Olympia,Washington Washuiston State Archives Roll M I V228 6,It 1085 14 Kato,Washington,mat riage certificate no 349(1887),Ross-Willis,digital image,Washington,"King County Marriage Records," Online(hap IAvww digitalaichn es wa gov) 15 1900 U S census,King,Washington population schedule,Springbrook,enumeration district(ED)77,sheet 6B,p 19 dwelling 111, digital usages,Ancestry (www ancesby corn),citing National Archives and Records Administration microfilm T623,1011 1744 16"Regrster of School District Officers&Appointments for King County,"A, 1892-1934" Record N 83-PS-1325,King County, Washington,p 12,W R Ross,Washington State Archives-Puget Sound Region,Bellevue 17 South King County Genealogical Society,Ken?,frea OLrtuai ter Evtacteci fioni Early Kett, Washington Newspapers,4 Volumes(Kent, Washington South King CountyGenealoTcal Society, 1988),Vol I p 53, Ross,William[extracted from 6Ilute River Jotonal23 March 190]j 18(bid Vol I p 55,Willis,Caroline[extracted from Whore Rivet Journal I I May 1901,p 5 col 3] 19 South King County Genealogical Society,Kent Aiea Obits,vol 2 pg 254 Elizabeth Smith,[extracted from KentAdverhset-journal Thursday, 16 Dec 19201 20 Washington State Genealogical Society,Washington Ptoneers and Pint Curzem,3 Volumes plus addendum(Olympia,Washington Washington State Genealogical Society,1993),Vol 2 p 444,Pioneer Rollin Charles Smith,[inforsranon provided by granddaughter Maxine Rupert,Box 645 Prosser,WA 993501 21 Oregon GenVveb,"Oregon County Marriage Records,"database,Douglas County Vital Records(htip Uwww rootsweb ancestry conil-ordougla/vitals hunt),Rollin Smith 22 Cameron,C E,flistor)Kent Washington LISA and us Heritage,(Seattle,Washington Ballard Printing and Publishing,November, 1978),p 44 and 159 23 Clark sources Census records in New York, Illinois, Iowa, Missouri, Wisconsin, Michigan, Oklahoma and Washington, leachuie credentials and tax records,military service records on mrctofilm N1539 Roll 16 and M545 Roll 8,pension records on microfilm T288,Pension Application No 885354,Certificate No 600 576,obituares and death records 24 Lewis sources Cennrs records in Illinois,Iowa,Nebraska and Washington,military set v ice ieeords on microfilm M541 Roll 28,pension records on microfilm T288 Roll 499,Application 196 868,Certificate No 137582, land records,obituaries and death records 25"World War I Draft Registration Cards,1917-1918,"database and images,Ancestry(wwwancestry Lom accessed 2009),Fred hrhus Lybeck,M 1509,roll 1,991,649,Draft Board I 26 Washington Bureau of Vital Statistics,death certificate(short form),349(1918),Fred J Lybeck,FHL Microfilm 0,196,562 27 South King County Branch of the Seattle Genealogical Society,Afeniattal Records of South King County, Washington, Voluare 1 (Seattle,Rashnigton 1981) 28 Ihid 29 Websde http lfvvww ace-scattle comkemetettesistpantck htni 10 Landmark Nomination for the Saar Pioneer Cemetery 30 South King County Branch of the Seattle Genealogical Society,Memonal Records of South King Countyy, 11a5htugton, Volume 11 (Seattle,Washuigto❑ 1983) 31 South King County Genealogical Society,Mentortal Records ojSouth King County, Washington, Volume 111 (Kent,Washington 1995) 32 Em1y Siase Creek(ntnmgiantr,Kent, Washington by Louise(Mehn)Merritt,December 1995 1 1 t Saar Pioneer Cemetery Property Legal Description The parcel number is 072205-0990 and the legal description is: THAT POR OF NW %DAF —BEG AT PT ON N MGN OF S 212"' ST 244 57 FT NLY OF E LN OF SD NW ih&TPOB TH S 89-59-23 W ALG SD MGN 168.71 FT TO FENCE TH N 08-47-59 W ALG SD FENCE 110 94 FT TH N00-49-01E 169.47 FT TH N 04-35-29E 90 34 FT TH S 88-30-18 E 157.91 FT TH S 04-35-49 E 167 46 FT TH S 0 1-22-30 E 198 13 FT TO TPOB —PER CITY OF KENT LLA APPROVED 06/03/83. i 1 1 1 I 1 1 1 ' 11 i3i&rlit��ra�rli�r Bagloy, Clarclice B. Rhvtork rt,/'Kin�;C'r_,way ff"asrainglon.`lic S, J. Clark Publishing Co. ChicagD-`f4;Jtic. 1929. C":IncrOD, C. F. IhyIfxrY Kee JVashItg;((,rr USA a nd Its lfcrEwxt% Ba11ard Prii It!II Lcntz,Florence K. Kent lhvCejq. Wliidzgk)r Publications Inc. 1990, 1 1 I t Kent Umited Methodist Church 11010 5E 245"' St, Kent, WaShmgton 98030 email generalCa7kentmethodist.com Rev Dr Keat Yeoh Telephone: 253-852-3900 5rmor Pastor Fax, 253-520-0993 June 26, 2009 lit Dear Kent City Council, We, Kent United Methodist Church, owners of the cemetery, give our support in obtain- ing historic landmark status for the Saar Pioneer Cemetery. The South King County Genealogical Society has been maintaining it for us for five years now . Thank you. Sincerely, Fritz L. Gilbreth Church Treasurer A - ..* t N`T r. f (ia y t AM IH, r p ,, 2 "} i a � ❑ 10 I ' co 0 1 CO N M L ❑ m N \['4_ CD o CD MI o CPO CD 1 a I ❑_ 1 ��� N w g N N 1 II at 1 7 0 l SI C ! 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Uil Icl_ I� tdIUN� IRIU I��._ to �, I ILL o 474 t? co - ? o ��-�� N N LO11N to N 03 CJ �I 'O� N1 'O .L11 2 m P-,tz CSt 1 ' a, �aI�I-p 43 lD Ip "i@ Cy;il+- t,O .O f �I G!C�iN a N �'Q O''iJ yI� jt0 ti110I N''CI[q OiN NI[G yIC WIS to i 7c o w w d a '' m mle � -�- c c iml Ii{ _ _ sa n Im ml.... t- C� G�to t9't9 UI— to�43 O E �1C I, _ UI in I<4 N w w �� m N NI.� j N T A i o, RJR i3 "a O 0 O Ri12 9 =, �.c �(--� tn(O EIa �Ii'�I�� 6J I I � -i.�C��n SILL tn�(D .o vlv�y -a l� �_ _ �- �'" �_a ;[C icn i(✓_�C.4� iW ICJ .`���.iz.ini I 1 i NCL I-�N M C�to to P O) �(� N M�r i� t0 t`01� gJIQiIOI �N M��'�ta i0� Wt�lO�e-IN IM 1�i' �VC4 1, w to C, { I �� 11 11111 INJN N�N�N�N N�N,EN N M In M�Mt+91M "Unmarked Graves"stone to be erected Anderson,Ellanor E. b. 20 March 1912, d. 2.5 December 1918 Arrowsinith,John b. April 1856, d. 1 June 1911 Boehma,Dennis A. b. 22 Febivaty 1855, d. 15 February 1908 Bond, Myitle `Etta' (Smith) b 8 September 1876, d. 6 August 1918 Booth, Armstead Ashwood b. 19 October 1853, d. 30 Match 1908 Borer. Infant b. 6 December 1914, d. 6 December 1914 Boucher, John b. 1829, d. 25 January 1894 Brooks b. 1 September 1910, d I September 1910 Christenson,Ha[?] Kristina b. 1 May 1908, d 12 May 1908 Clark. James Wm b. 1845, d. 16 May 1906 Diagness, Malene b.4 August 1854. d. 18 April 1910 Eaton, Infant b 9 May 1913, d 9 May 1913 Flanagan, Patncr El[?] b. 6 November 1907, d 22 June 1910 George, Henry Vaughn b.9 August 1892, d 27 February 1910 Gordan, Mary Oleva b 28 February 1869, d. 16 July 1908 Hagard, James D. b. 1849, d. 10 January 1912 Haggard, Henry Clay b January 1847, d 9 August 1923 Hanada, Kenichi b. 25 Septcmbei 1908, d.29 December 1908 Hanson, Hans Peter b. 1861,d 3 April 1930 Hawkins, Blanche b. 13 September 1911, d. 20 April 1913 Hillman, Al[?] b. , d. I February 1908 (age about 35 yeats) I Iindes, Philas June b. 2 October 1918, d. 4 October 1918 Huanaka, Hayao b. 15 April 1908, d. 20 September 1908 Holmes, Hem y Jr b. 25 December 1846, d. 17 June 1909 Holmes, Lillian Jane b. 12 July 1851,d. 9 December 1916 Hosaka, Torakichi b 1879, d I 1 June 1911 Hugg, George F.Imer b. August 1982, d. 22 June 1909 Hyer, Joseph b. , d. 7 August 1911 (aged about 79) Iehida, 14. b 12 February 1909, d. 16 April 1909 Iddings,J. Lester b. 31 January 1903, d. 10 September 1905 _ Iddings, Minnie Evea b. 21 August 1908, d. 10 August 1913 Iddings, Rebecca Summer b. 28 December 1837, d. 18 December 1913 Ishikawa, Miyaka b. 8 October 1913, d. 9 October 1913 Jacobus, Francis b 16 December 1830, d 13 June 1909 Johns, Walter Harold b. 24 November 1919, d. 24 November 1919 Johnson,Anna M. b. 16 September 1867, d. 19 July 1910 Johnson,Frances Lindgzen b. 25 July 1842 (or 44), d. 16 March 1912 Keller, Mary Gilmore b. 22 March 1,157, d 16 August 1918 Kopkins, Caroline E. b. 5 January 1834, d. 22 Novembct 1907 Lacey,Dilluzon S. b. 3 July 1817,d.2 Feb 1895 Lacey, Jane b. 20 September 1819, d 8 May 1901 Langston, Lulu b. July 1881. d. 29 June 1882 Lankestei, Walter Thomas b 17 January 1934,d. 9 July 1919 Liesmger, Oscar b 7 December 1846, d. 17 March 1912 Liesmger, Robert b. 1845, d. 1931 Lrr,Leonard,Louis b. 23 May 1884,d. 22 September 1908 This list is incomplete as the research is ongoing. 9/22/2009 "Unmarked Graves"stone to be erected. Lybeck, Fred Julius b. 22 Aug 1894, d. 31 May 1918 Lybeck, John Emiel b 14 June 1859, d 16 October 1916 Lybeck, Mabel b. 13 October 1906, d. 4 April 1912 Martin, Iva b. 20 July 1908, d. 8 November 1908 McMillin,Amelia Mary b. 5 December 1822, d. 1898 McMillin,Reverend David R. b. abt 1816, d. 3 October 1880 Miller,Ella b 1866, d. I February 1892 Mitchell, J. S. b. , d. 1908 Monster,Anna Marie b. abt 1861,d. 19 January 1920 Monster, female b 14 January 1912,d. unknown Monster,male b. 16 Octobei 1912, d. 18 October 1912 Mylroie,Baby b.26 June 1909,d. 26 June 1909 Mylroie, Martha Caroline b. 6 April 1908, d 27 September 1908 Nagashima,Isamu b.26 July 1909, d. 14 July 1910 Neely, Sarah Josephine(Norton) b. 5 October 1866,d. 1918 Nelson,Nels C.A b. 1 June 1876, d 23 February 1933 Nelson, Sophia Streidt b 9 December 1842, d. 4 June 1919 Parinenter, Isaac b. 1852,d. 1926 Parmenter,Nellie b. 1859, d. 1890 Petersen, Albert b 1841,d. 1903 Peterson, Ingaborg F. b. 2 September 1858, d. 28 January 1915 Peterson,Katherine (Bonner) b. 1962,d. 1900 Peterson, P. A. b 1868, d. 1897 Ramciy, Eugene Henry b. 12 June 1848,d. 11 July 1912 Rommel,Richard b. 10 July 1909, d. 14 November 1909 Ross, Willis Harlan b. 21 December 1889,d 22 March 1890 Saar, Charlotte `Lottie' Rose (Smith) b. 17 January 1871.d. 23 October 1918 Saar,twin daughters of Lottie and George Saar,Margaret E. b. 31 January 1842,d. 1 October 1873 Schurman,Rex Taylor b. 2 May 1909, d. 12 May 1909 Shaw,Henry b. 27 May 1859,d. 13 May 1912/13 Shinn, Lucy Caroline Vaughn b. 3 December 1893, d. 20 August 1913 Shinn, Martha Rose b. 8 February 1889, d. 18 October 1908 Slash(or Shash), William Allen b. 14 May 1907, d.23 September 1907 Smith,Elizabeth b. 8 June 1847, d. 27 March 1923 Smith, Hariret`Hattie' b.20 December 1873, d.24 May 1934 Smith,Lysander Morehouse b. 29 November 1837, d. 18 July 1918 Stagg, Laura M. b.2 September 1827,d.24 May 1910 Tsurusaki, Chieko b.2 July 1909,d. 6 January 1910 Vogle,Frederick Herbert b. 13 August 1912, d. 20 March 1912 Wilkinson,John b. 18 March 1915, d. 18 March 1915 Washburn,Andrew b 15 June 1837, d. 1924 Washburn, Sarah Anne b. 1828, d. 1915 This list is incomplete as the research is ongoing. 9/22/2009 ' Attachment C KING COUNTY CODE PROTECTION AND PRESERVATION OF LANDMARKS, 20 62 040 LANDMARK SITES AND DISTRICTS 20 62.040 Designation criteria. A An historic resource may be designated as a King County landmark if it is more than forty years old or, in the case of a landmark district, contains resources that are more than forty years old, and possesses integrity of location, design, setting, materials, workmanship, feeling and association, and. 1 Is associated with events that have made a significant contribution to the broad patterns of national, state or local history, or li 2. Is associated with the lives of persons significant in national, state or local history, or 3 Embodies the distinctive characteristics of a type, period, style or method of design or construction, or that represents a significant and distinguishable entity whose components may lack individual distinction, or 4 Has yielded or may be likely to yield, information important in prehistory or history, or 5 Is an outstanding work of a designer or budder who has made a substantial contribution to the art B An historic resource may be designated a community landmark because it is an easily identifiable visual feature of a neighborhood or the county and contributes to the distinctive quality or identity of such neighborhood or county or because of its association with significant historical events or historic themes, association with important or prominent persons in the community or county, or recognition by local citizens for substantial contribution to the neighborhood or community An improvement or site qualifying for designation solely by virtue of satisfying criteria set out in this section shall be designated a community landmark and shall not be subject to the provisions of 20 62 080 C Cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved 1 significance within the past forty years shall not be considered eligible for designation However, such a property shall be eligible for designation if they are 1 An integral part of districts that meet the criteria set out in 20 62 040A or if it is. 2 A religious property deriving primary significance from architectural or artistic distinction or historical importance, or 3. A building or structure removed from its original location but which is significant primarily for its architectural value, or which is the surviving structure most importantly associated with a historic person or event, or 4 A birthplace, grave or residence of a historical figure of outstanding importance if there is no other appropriate site or building directly associated with his or her productive life, or 5. A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events, or 6 A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner or as part of a restoration master plan, and when no other building or structure with the same association has survived, or 7 A property commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance, or 8 A property achieving significance within the past forty years if it is of exceptional importance (Ord 10474§4, 1992 Ord 4828 §4, 1980) S,\Permit\P1an\HISTORIC PRESERVATION\2010\ECDC\AttachmentC-BLngCoontyCodeCriteuia doc tKent City Council Meeting Date August 17, 2010 Category Other Business - 7B 1. SUBJECT: SOLID WASTE UTILITY CONTRACT WITH ALLIED WASTE - AUTHORIZE ' 2. SUMMARY STATEMENT: The current solid waste contract is set to expire on March 31, 2011. Staff negotiated the contract with specific goals that included: keeping rates as low as possible; maintaining consistency with regional waste reduction goals; and meeting conservation through environmental sustainability goals set by Council. Staff and Allied Waste negotiated to include 1 the Panther Lake Annexation Area and potential future annexation areas (identified in Attachment L) under the same contract terms and conditions, meaning the entire City is under a single contract. In addition to authorizing the Mayor to sign the contract, the proposed motion will create a new Conservation Coordinator position and two (2) new Maintenance Worker II positions to help administer the Solid Waste and Recycling Program. The Conservation Coordinator will be authorized as of January 1, 2011. 3. EXHIBITS: Garbage, Recycling, Yard & Food Waste Collection and Disposal/Marketing Contract with Allied Waste; Attachments A-L 4. RECOMMENDED BY: Public Works Committee 7/19/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes _ No — X (2011 fiscal impact) 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to authorize the Mayor to sign all documents necessary to contract with Allied Waste to operate the City's solid waste utility and begin collection on April 1, 2011, authorize a new Conservation Coordinator position and two new Maintenance Worker II positions, and incorporate these changes into the 2011 budget accordingly. DISCUSSION: ACTION: r PUBLIC WORKS ENGINEERING Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 • Fax: 253-856-6500 KENT WABHINGTON Address: 400 West Gowe Kent, WA. 98032-5895 r Memorandum Date: August 10, 2010 To: City Council Members Through: Tim LaPorte From: Kelly Peterson Copy: Mayor Cooke, John Hodgson, Tom Brubaker, Mike Mactutis, ' Gina Hungerford, Robyn Bartelt Subject: Garbage, Recycling, Yard & Food Waste Collection and Disposal/Marketing Contract with Allied Waste On July 19, 2010, staff gave a presentation on the Draft Solid Waste Contract to the Public Works Committee. The Committee passed a motion to recommend Council authorize the Mayor to sign the Garbage, Recycling, Yard & Food Waste Collection and Disposal/Marketing Contract with Allied Waste to provide services to the City, subject to approval of the final terms and conditions by the City Attorney and the Public Works Director. I The final Contract includes a few revisions to Attachment B for inclusion of extra 45-gallon garbage cart costs, extra recycle cart cost and temporary 2-yard detachable container cost. The Contractor name was further defined and Section 6.15 of the final Contract was revised to include the City's recently updated independent contractor language and the Contractor. 1 The City Attorney, Public Works Director and Allied Waste approve of the final terms and conditions of the Contract. r � 1 r r PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P E., Public Works Director . Phone 253-856-5500 KENT Fax- 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 13, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: From: Kelly Peterson, AICP, Environmental Conservation Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Copy: Michael Mactutis, P.E., Environmental Engineering Manager Subject: Solid Waste Contract Approval Motion: Move to recommend Council authorize the Mayor to sign the Garbage, Recycling, Yard & Food Waste Collection Disposal / Marketing contract with Allied Waste to provide services to the City, upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: The current solid waste and recycling contract is set to expire on March 31, r 2011. The City issued a Request for Proposals (RFP) to provide solid waste, recycling and yard & food waste collection services in the City, including several alternatives for council consideration. City Council authorized staff to negotiate with Allied Waste on a 7-year contract with two 2-year extensions possible at the sole discretion of the City. Staff negotiated a contract with some specific goals which include: keeping rates as low as ' possible, consistency with regional waste reduction goals; and meeting conservation in environmental sustainability goals set by council. Though the Request for Proposals included a Service Area non-inclusive of the Panther Lake Annexation Area, negotiations were able to include this area since Allied Waste already served the area under a Washington Utilities and Transportation Commission certificate. This will ensure equality in the solid waste utility for all customers in the City. Budget Impact: The City will continue to collect 7.8% utility tax for all solid waste customers in the City of Kent. An Administrative Fee of $45,000 per month will be paid to the City to implement the solid waste program. As a result of case law in Seattle, the City will begin paying for solid waste service out of the general fund at all City facilities. The first year, service at all City facilities will cost approximately $128,000. 1 4 PUBLIC WORKS COMMITTEE MINUTES Monday, July 19, 2010 Item 4 - Solid Waste Contract - Approval: Kelly Peterson, AICP, Environmental Conservation Supervisor gave an informative PowerPoint presentation on the Solid Waste, Recycling Yard Waste and Food Waste Disposal Contract. He went over the selection process; three contracts submitted in response to the Request for Proposals (RFP) to provide solid waste, recycling and yard & food waste collection services in the City. He talked about the effective dates of the draft contract; staff was authorized by council to ' negotiate with Allied Waste on a 7-year contract with the option of two, 2-year extensions possible at the sole discretion of the City. Staff negotiated a contract with some specific goals that include keeping rates as low as possible; maintaining consistency with regional waste ' reduction goals, and meeting conservation through environmental sustainability goals set by council The service area was discussed he stated that the Panther Lake Annexation Area, though not included in the RFP, will be included under the same contract terms as the rest of the city since Allied Waste currently serves the annexation area. Peterson went over the special services offered in the new contract, including free walk in service for customers lacking the ability to place containers at the curb, increased items collected curbside for recycling, uniform carts, education and increased customer service. Allied Waste had a new compressed natural gas collection truck parked in front of City Hall which will be used in the City under the new contract. Peterson showed several of the carts and containers, explaining that there will be a uniform color scheme for residential, multi-family and commercial services and many size options. He briefly went over the rates and customer service rate adjustments. Peterson said that overall this is a very sustainable contract. Tom Brubaker, City Attorney stated that this was a true team effort with Allied Waste; they have been great to work with. Harmon thanked everyone for their partnership as well. Higgins moved to recommend Council authorize the Mayor to sign the Garbage, ' Recycling, Yard & Food Waste Collection Disposal/marketing contract with Allied Waste to provide services to the City, subject to approval of the final terms and conditions by the City Attorney and the Public Works Director. Harmon seconded and the motion passed 2-0, stating this item will be forwarded to Other Business at the August 17, 2010 Council meeting. ' Adiourned: The meeting was adjourned at 5:16 p.m. Cheryl Viseth, Public Works Secretary CONTRACT Garbage, Recycling, Yard & Food Waste Collection 1 and Disposal/Marketing Contract City of Kent And Kent-Meridian Disposal Company d/b/a Allied Waste Services AAuril 1, 2011 - March 31, 2018 ' City of Kent and Allied Waste Final Contract 8-6-10 A Garbage, Recycling, Yard & Food Waste Collection and Disposal/Marketing Contract Table of Contents RECITALS ..............................................................................................1 DEFINITIONS ........................................................................................1 1. TERM OF CONTRACT ...................................................................6 2. SCOPE OF WORK.........................................................................6 2.1 GENERAL COLLECTION SYSTEM REQUIREMENTS.........................6 2.1.1 City Service Area ............................................................6 2.1.2 Unimproved Public Streets and Private Roads.......................7 2.1.3 Hours/Days of Operation...................................................8 2.1.4 Employee Conduct ...........................................................8 2.1.5 Special Disabled Service ...................................................9 2.1.6 Holiday Schedule .............................................................9 2.1.7 Inclement Weather and Other Service Disruptions ................9 2.1.8 Suspending Collection Resulting from Customer Account Disputes ....................................................................... 10 2.1.9 Missed Collections .......................................................... 11 , 2.1.10 Same Day Collection....................................................... 11 2.1.11 Requirement to Recycle and Compost ............................... 11 , 2.1.12 Routing, Notification and Approval.................................... 12 , 2.1.13 Equipment Age/Condition................................................ 12 2.1.14 Container Requirements and Ownership ............................ 13 2.1.14.1 Contractor Owned Carts .................................. 13 2.1.14.2 Garbage, Recyclables, and Yard & Food Waste Carts ........................................................... 13 2.1.14.3 Detachable and Drop-box Containers ................ 15 2.1.14.4 Recycling Carts .............................................. 16 2.1.14.5 Ownership..................................................... 17 2.1.14.6 Container Colors and Labeling .......................... 17 City of Kent and Allied Waste ' Final Contract 8-6-10 2.1.14.7 Container Weights.......................................... 18 2.1.15 Spillage, Incidents.......................................................... 18 2.1.16 Pilot Programs ............................................................... 18 2.1.17 Disruption Due to Construction ........................................ 19 2.1.18 Contractor Planning Assistance ................. . . 19 2.1.19 Safeguarding Public and Private Facilities . ................ ...... 19 2.1.20 Company Name k 2.1.21 Transition and Implementation of Contract........................ 20 2.1.22 Coordination with City and Annual Performance Review....... 20 2.1.23 Disposal Requirements ................................................... 21 2.1.24 Compressed Natural Gas and Alternative Fuels................... 22 2.1.25 Violation of Ordinance .................................................... 22 2.2 COLLECTION SERVICES ............................................................ 22 2.2.1 Single-family Residence Garbage Collection ....................... 22 2.2.1.1 Subject Materials............................................ 22 2.2.1.2 Collection Containers . . 23 2.2.1.3 Specific Collection Requirements ...................... 23 ' 2.2.1.4 Extra Charges................................................ 23 1 2.2.2 Single-family Residence Recyclables Collection ................... 24 2.2.2.1 Subject Materials............................................ 24 2.2.2.2 Containers..................................................... 25 2.2.2.3 Specific Collection Requirements ...................... 26 2.2.3 Yard & Food Waste Collection........................................... 27 ' 2.2.3.1 Subject Materials............................................ 27 2.2.3.2 Containers..................................................... 27 2.2.3.3 Specific Collection Requirements ...................... 28 2.2.3.4 Food Waste Collection ..................................... 28 j2.2.4 Single Family Bulky Item, White Good Collection ................ 28 2.2.4.1 Subject Materials............................................ 28 2.2.4.2 Specific Collection Requirements ...................... 29 2.2.5 Multifamily Complex and Commercial Customer Garbage Collection...................................................................... 29 City of Kent and Allied Waste Final Contract 8-6-10 2.2.5.1 Subject Materials............................................ 29 2.2.5.2 Containers..................................................... 29 2.2.5.3 Specific Collection Requirements ...................... 30 2.2.6 Multifamily Complex Recyclables Collection ........................ 30 2.2.6.1 Subject Materials............................................ 30 ' 2.2.6.2 Containers..................................................... 31 2.2.6.3 Specific Collection Requirements ...................... 31 ' 2.2.7 Commercial Recycling Collection ...................................... 31 2.2.8 Multifamily Complex and Commercial Customer Yard & Food Waste Collection ............................................................ 32 2.2.8.1 Subject Materials............................................ 32 ' 2.2.8.2 Containers..................................................... 32 2.2.8.3 Specific Collection Requirements ...................... 32 ' 2.2.8.4 Commercial Food Waste Collection.................... 33 2.2.9 Drop-Box Container Garbage Collection........... 33 , 2.2.9.1 Subject Materials............................................ 33 2.2.9.2 Containers..................................................... 33 , 2.2.9.3 Specific Collection Requirements ...................... 34 2.2.10 Temporary Container Customers ...................................... 34 , 2.2.11 Service to City Facilities and Properties ............................. 34 2.2.12 City Approved Community Events..................................... 35 ' 2.2.13 Education Events .......................... 35 2.2.14 Semi-Annual Clean-up Weeks and Special Events .............. 35 2.2.15 Other Solid Waste Collection Services ............................... 36 2.3 MANAGEMENT........................................................................... 36 2.3.1 Responsibility of Participants ........................................... 36 2.3.1.1 Contractor's Responsibilities............................. 36 2.3.1.2 City's Responsibilities...................................... 38 2.3.1.3 Operations Plan.............................................. 39 , 2.3.2 Customer Service and Billing ........................................... 39 2.3.2.1 Office Location ............................................... 39 2.3.2.2 Customer Service Requirements ....................... 39 City of Kent and Allied Waste ' Final Contract 8-6-10 ' 2.3.3 Customer Billing Responsibilities ......................................42 2.3.4 Reporting...................................................................... 43 ' 2.3.4.1 Monthly Reports ..,.....'•...................................43 2.3.4.2 Annual Reports . .45 ' 2.3.4.3 Ad Hoc Reports............................................... 45 . 2.3.5 Promotion and Education .45 ' 2.3.6 Field Monitoring .............................................................47 2.3.7 Transition to Next Contractor...........................................47 3. COMPENSATION .......................................................................47 3.1 COMPENSATION TO THE CONTRACTOR .....................................47 3.1.1 Rates ...........................................................................47 3.1.2 Itemization on Invoices ..................................................48 3.1.3 Discontinuing Service for Nonpayment..............................48 3.1.4 Bad Debts.....................................................................48 ' 3.2 COMPENSATION TO THE CITY...................................................49 3.3 COMPENSATION ADJUSTMENTS......................... .49 ' 3.3.1 Annual Rate Adjustment .................................................49 3.3.2 Periodic Adjustments ...................................................... 51 3.3.3 Changes in Disposal or Yard & Food Waste Processing Sites ............................................................................ 51 3.3.4 Other Modifications ........................................................ 51 ' 3.4 CHANGES IN LAW ..................................................................... 52 4. FAILURE TO PERFORM, REMEDIES, TERMINATION .................... 52 4.1 LIQUIDATED DAMAGES............................................................. 52 4.2 CONTRACT DEFAULT................................................................. 56 4.3 AVAILABILITY OF COLLECTION VEHICLES ................................ 57 5. NOTICES................................................................................... 58 ' 6. GENERAL TERMS....................................................................... 58 6.1 COLLECTION RIGHT.................................................................. 58 6.2 ACCESS TO RECORDS................................................................ 59 6.3 CONTRACTOR TO MAKE EXAMINATIONS ................................... 68 6.4 INSURANCE .............................................................................. 68 City of Kent and Allied Waste Final Contract 8-6-10 1 i 6.5 PERFORMANCE BOND ............................................................... 61 i 6.6 INDEMNIFICATION................................................................... 61 6.6.1 Indemnify and Hold Harmless .......................................... 61 6.6.2 Notice to Contractor; Defense........... ........................... 62 6.6.3 Industrial Insurance Immunity Wavier .............................. 62 ' 6.7 PAYMENT OF CLAIMS................................................................ 62 6.8 CONFIDENTIALITY OF INFORMATION....................................... 62 , 6.9 ASSIGNMENT OF CONTRACT ..................................................... 63 6.9.1 Assignment or Pledge of Money by the Contractor .............. 63 6.9.2 Assignment, Subcontracting, Delegation of Duties and Change in Control .......................................................... 63 6.10 DISPUTE RESOLUTION AND GOVERNING LAW .......................... 64 , 6.11 COMPLIANCE WITH LAW .......................................................... 64 6.12 NON-DISCRIMINATION ............................................................ 65 , 6.13 EQUIVALENT INDUSTRY WAGES ............................................... 65 6.14 PERMITS, LICENSES AND TAXES............................................... 65 6.15 RELATIONSHIP OF PARTIES ..................................................... 66 6.16 BANKRUPTCY............................................................................ 66 i 6.17 RIGHT TO RENEGOTIATE/AMENDMENT..................................... 67 6.18 FORCE MAJEURE .......................................................................67 6.19 ILLEGAL PROVISIONS .............................................................. 67 6.20 WAIVER.................................................................................... 68 6.21 ENTIRETY................................................................................. 68 Attachment A: Service Area Map Attachment B: Contractor Rates Attachment C: Rate Modification Example Attachment D: City Facilities and Parks Attachment E: Street Containers Attachment F: Insurance Requirements ' Attachment G: Resolution 1806 - Identity Theft Prevention Program Attachment H: Contractor Collection Vehicle Specifications Attachment I: City Approved Events List Attachment J: Implementation Plan Attachment K: Operations Plan Attachment L: Future Annexation Areas ' City of Kent and Allied Waste ' Final Contract 8-6-10 i CONTRACT ' This Contract is entered into by and between the CITY OF KENT, a municipal corporation of the State of Washington ("City"), and KENT-MERIDIAN DISPOSAL COMPANY, a Washington joint venture, whose joint venture partners are Fiorito Enterprises, Inc., a Washington corporation, and Rabanco Companies, a Washington general partnership, whose general partners are Rabanco, Ltd., a ' Washington corporation doing business as Allied Waste Services of Kent, and Rabanco Recycling, Inc., a Washington corporation; located and doing business at 22010 761h Ave S., Kent, WA, 98032, ("Contractor") to provide for the collection of ' Garbage, Recyclables, Yard & Food Waste from Single-family Residences, Multifamily Complexes, and Commercial Customers located within the City Service Area ("Contract"). The parties, in consideration of the promises, representations, and warranties contained in this Contract, agree as follows: ' RECITALS WHEREAS, the Contractor represents that it has the experience, resources, and expertise necessary to perform the Contract services; and WHEREAS, after a lengthy and extensive due diligence period performed by both parties, the City desires to enter into this Contract with the Contractor for the Garbage, Recyclables, and Yard & Food Waste collection services; NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises in this Contract, the City and Contractor agree as follows: ff I. DEFINITIONS I' The following definitions will apply to the following words and terms when used in the Contract, whether or not these words and terms are capitalized, unless specifically defined otherwise within any section or subsection. Contract: The term "Contract" shall mean this Contract, any change orders, Contractor's response to the City's RFP, and any clarifications, amendments, or additions to Contractor's response to the City's RFP. ' Bulky Items: The term "Bulky Items" shall include such items as chairs, tables, console television sets, couches, mattresses, cabinets and dressers, and other items as mutually agreed to by the City and Contractor. Contract Service Date: Contract Service Date is April 1, 2011. City of Kent and Allied Waste Final Contract 1 of 69 8-6-10 Change in Control: Change in control means any sale, merger, policy of assets, the Issuance of new shares, any change in the voting rights of existing shareholders, or other change in ownership which transfers twenty-five (25) percent or more of the beneficial Interest therein from one entity to another. , Provided, however, that intracompany transfers, such as transfers between different subsidiaries or branches of the parent corporation of the Contractor, or transfers to corporations, limited partnerships, or any other entity owned or , controlled by the Contractor upon the effective date of this Contract shall not constitute an change in control. City: The word "City" means the City of Kent, King County, Washington. As used in , the Contract, it includes the official of the City holding the office of Mayor or her/his designated representative, such as the City's Chief Administrative Officer, Director ' of Public Works or her/his designated representative. City Service Area: The initial City Service Area shall be the corporate limits of the , City as of April 1, 2011. Customer: The word "Customer" means all users of solid waste services. Customers may also be referred to as generators. Commercial Customer: The term "Commercial Customer" means non-residential , Customers including businesses, institutions, governmental agencies and all other users of commercial-type Garbage collection services. Contractor: The word "Contractor" means the Kent-Meridian Disposal Company, a Washington general partnership, doing business as Allied Waste Services, who has contracted with the City to collect and dispose of Garbage and to collect, process, market, and transport Recyclables and Yard & Food Waste. Curb or Curbside: The words "Curb" and "Curbside" mean on the homeowners' ' property, within five (5) feet of the Public Street or Private Road without blocking sidewalks, driveways, or on-street parking. If extraordinary circumstances preclude such a location, Curbside shall be considered a placement suitable to the resident, convenient to the Contractor's equipment. Any disagreement over correct placement of Containers for collection will be determined by the City. Detachable Container: The term "Detachable Container" means a watertight , metal or plastic container equipped with a tight-fitting cover, capable of being mechanically unloaded into a collection vehicle, and that is not less than one (1) cubic yard or greater than eight (8) cubic yards in capacity. ' Drop-box Container: The term "Drop-box Container" means an all-metal container with ten (10) cubic yards or more capacity that is loaded onto a ' specialized collection vehicle, transported to a disposal or recycling site, emptied and transported back to the Customer's site. City of Kent and Allied Waste ' Final Contract 2 of 69 8-6-10 1 Food Waste: The word "Food Waste" means vegetative and other food waste such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds, egg shells, and food-soiled paper such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, as well as any other paper products accepted by the Contractor's selected composting site. Food Waste shall not Include dead animals, plastics, diapers, cat litter, liquid wastes, pet wastes, or other materials prohibited by the selected composting facility. Garbage: The word "Garbage" means all putrescible and nonputrescible solid and ' semi-solid wastes, Including, but not limited to, rubbish, ashes, Industrial wastes, swill, demolition and construction wastes, and discarded commodities that are placed by Customers of the Contractor in appropriate bins, bags, cans, carts, or other receptacles for collection and disposal by the Contractor. The term "Garbage" shall not Include Hazardous Wastes, Special Wastes, Recyclables, or Yard & Food Waste. Garbage Can: The term "Garbage Can" means a City-approved container that is a water-tight container not exceeding four (4) cubic feet or thirty-two (32) gallons In ' capacity; fitted with two (2) sturdy looped handles, one on each side; and fitted with a tight cover equipped with a handle. All containers shall be rodent and insect proof. Customers shall keep the cans In sanitary conditions at all times. Garbage Cart: The term "Garbage Cart" means a Contractor-provided 13-, 20-, 32-, 45-, 64- or 96-gallon wheeled cart suitable for household collection, storage, and Curbside placement of Garbage. Garbage Carts shall be rodent and insect proof and kept in a sanitary condition at all times. ' Hazardous Waste: The term "Hazardous Waste" means any substance that is: A. Defined as hazardous by 40 C.F.R. Part 261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling, or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA. ' B. Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW. Implementation Plan: Contractor's plan which includes major tasks and key ' dates to ensure an efficient and successful transition and implementation of service provisions as outlined in the Contract. ' City of Kent and Allied Waste Final Contract 3 of 69 8-6-10 KCC: The term "KCC" means the Kent City Code. King County Disposal System: The term "King County Disposal System" means ' the real property owned, leased, or controlled by the King County Solid Waste Division, King County, Washington for the disposal of Garbage, or such other site as may be authorized by the then current King County Comprehensive Solid Waste ' Management Plan. Mixed Paper: The term "Mixed Paper" means magazines, junk mail, phone books, , bond or ledger grade paper, cardboard, paperboard packaging and other fiber- based materials meeting industry standards. Tissue paper, paper towels, food- contaminated paper or paper packaging combined with plastic, wax, or foil are , excluded from the definition of Mixed Paper. Multifamily Complex: The term "Multifamily Complex" means a multiple-unit Residence with five (5) or more attached or unattached units billed collectively. Operations Plan: Contractor's plan which includes detailed activities and procedures related to the effective implementation and operation of the Contract throughout the Contract term. Private Road: The term "Private Road" means a privately owned and maintained way that allows for access by a service truck and that serves multiple Residences. Public Street: The term "Public Street" means a public right-of-way used for public travel, including public alleys. Recyclables: The word "Recyclables" means aluminum cans; corrugated ' cardboard; glass containers; Mixed Paper; newspaper; recyclable plastic containers that have contained non-hazardous products; plastic films; polycoated cartons; ' Scrap Metals; and tin cans. Recycling Cart: The term "Recycling Cart" means a Contractor-provided 32-, 64- ' or 96-gallon wheeled cart suitable for household collection, storage, and Curbside placement of Source-separated Recyclables. Recycling Container: The terms "Recycling Container" means a Contractor- ' provided Recycling Cart or Detachable Container suitable for on-site collection, storage, and placement of Source-separated Recyclables at Multifamily Complexes and Commercial Customer locations. Residence: The word "Residence" means a living space, with a kitchen, individually rented, leased, or owned. RFP: The term "RFP" refers to the Proposals requested from qualified firms for Garbage, Recycling, Yard & Food Waste collection services within the City of Kent. City of Kent and Allied Waste , Final Contract 4 of 69 8-6-10 Scrap Metals: The term "Scrap Metals" means ferrous and non-ferrous metals, Including small appliances, not to exceed two (2) feet In any direction and thirty- five (35) pounds In weight per piece. Single-family Residence: The term "Single-family Residence" means all one-unit houses, duplexes, triplexes, four-plexes, and mobile homes that are located on a ' Public Street or Private Road and where each residential unit is billed Individually. Source-separated: The term "Source-separated" means certain reclaimable ' materials that are separated from Garbage by the generator for recycling or reuse, including, but not limited to Recyclables, Yard & Food Waste and other materials. ' Special Waste: The term "Special Waste" means polychlorinated biphenyl ("PCB") wastes, industrial process wastes, asbestos containing materials, petroleum contaminated soils, treated/de-character)zed wastes, incinerator ash, medical wastes, demolition debris, and other materials requiring special handling in ' accordance with applicable federal, state, county or local laws or regulations. Temporary Service: The term "temporary service" shall refer to those collection services that are in place for less than ninety (90) days at any given location. ' White Goods: The term "White Goods" shall include all major appliances, such as washers, dryers, refrigerators, freezers, stoves, dishwashers and trash compactors, and shall also include any other items as mutually agreed to by the City and Contractor. ' WUTC: The term "WUTC" means the Washington Utilities and Transportation Commission. Yard Waste: The term "Yard Waste" means plant material (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris commonly thrown away in the course of maintaining yards and gardens, including sod and a small amount of incidental rocks not over two (2) inches in diameter; biodegradable waste approved for the Yard Waste programs by the City, unflocked Christmas trees ' meeting length and diameter requirements. Yard Waste does not include loose soils; plastics and synthetic fibers; lumber; any wood or tree limbs over four (4) inches In diameter; human or animal excrement; noxious weeds and soil ' contaminated with hazardous substances. Yard & Food Waste Cart: The term "Yard & Food Waste Cart" means a ' Contractor-provided 13-, 32-, 64- or 96-gallon wheeled cart provided to all Yard & Food Waste collection Customers for the purpose of containing and collecting Yard & Food Waste. 1 ' City of Kent and Allied Waste Final Contract 5 of 69 8-6-10 r II. CONTRACT ' 1. Term of Contract The service term of this Contract is seven (7) years starting April 1, 2011, and expiring March 31, 2018. The City may, at Its sole option, extend the Contract for ' up to two (2) extensions, each of which shall not exceed two (2) years in duration. Any extension shall be under the terms and conditions of this Contract, as may be amended by the City and Contractor from time to time. To exercise its option to ' extend this Contract, notice shall be given by the City to the Contractor no less than two-hundred seventy (270) days prior to the expiration of the Contract term or the expiration of an extension, if applicable. t 2. Scope of Work 2.1 General Collection System Requirements ' The Contractor shall collect, take title to, and dispose of Garbage, Recyclables, and ' Yard & Food Waste according to the terms and conditions of this Contract, including the Implementation Plan and Operations Plan, and also in accordance with Chapter 7.03 KCC as now enacted or subsequently amended, provided that the Contractor ' shall not knowingly or as a result of gross negligence collect or dispose of Hazardous Waste or Special Waste. The Contractor shall Indemnify the City for any City damages caused by violation of this Section. To the extent identifiable, , Customers shall remain responsible for any Hazardous Waste or Special Waste provided and inadvertently collected by Contractor. Except to the extent of Contractor's willful acts or gross negligence, the Contractor shall have no liability for, and shall not take title to, Hazardous Waste or Special Waste. Title to and liability for Hazardous Waste and Special Waste shall remain with the generator of that waste. 2.1.1 City Service Area ' The Contractor shall provide all services pursuant to this Contract throughout the ' entire City Service Area. Territory not serviced by Contractor that is annexed or added into the City after the effective date of the service term of this Contract will be served in compliance with RCW 35A.14.900. , On July 1, 2010, the City annexed the "Panther Lake Annexation" area, and on that date, the Panther Lake Annexation area became a part of the City Service Area. ' The Contractor is the current solid waste service provider in this annexation area through a certificate issued by the Washington Utilities and Transportation Commission (WUTC) and has certain legal rights to continue service in the , annexation area under that separate franchise or permit pursuant to Revised Code of Washington (RCW) 35A.14.900, and pursuant to approved tariffs and other regulations on file with the Washington Utilities and Transportation Commission. ' City of Kent and Allied Waste Final Contract 6 of 69 8-6-10 r ' As part consideration for entering Into this Contract, Contractor will provide service to the Panther Lake Annexation area under exactly the same terms and conditions of this Contract, specifically Including, without limitation, Contract term (and any agreed extensions), delivery schedules, and pricing. To that end, as of the service date of this Contract, Contractor shall terminate that portion of Its certificate for the affected annexation area, if any, with the WUTC, but in doing so, Contractor will not 1 preclude the exercise of any third-party certificate Issued by the WUTC authorizing the third-party to provide regulated service in the annexation area Further, and consistent with the preceding, Contractor expressly waives and releases any rights it may have to file any action, claim, or suit for damages or compensation from the City (Including Its officials, officers, employees, agents, or assigns) arising from or connected with the cancellation of the affected area ("Panther Lake Annexation") of ' its certificate property right granted by the WUTC. Until the Contract service date, Contractor will continue to operate in the Panther Lake Annexation area under the same terms and conditions as provided in its current franchise or certificate, but shall charge utility taxes at the rates and pursuant to those conditions established by the KCC as approved for pass-through 1 to its Customers by the WUTC. If, during the term of this Contract, including any agreed extensions, the City adds any additional territory through annexation as reflected in Attachment L, and the Contractor continues to possess an existing franchise, certificate, or right to provide solid waste services in the additional areas, the Contractor, as part consideration for entering into this Contract, will provide service to the additional areas in Attachment L, under the same terms and conditions of this Contract for the remainder of the service term for this Contract, including any agreed extensions. To that end, on the date the additional areas become a part of the City, after appropriate notice under RCW 35A.14 900, the Contractor shall cancel its franchise, certificate, or right in the additional area which shall terminate that portion of its certificate for the additional annexation area(s) issued by the WUTC. Further, Contractor expressly waives and releases any rights it may have to file any action, claim, or suit for damages or compensation from the City (including its officials, officers, employees, agents, or assigns) arising from or connected with any ' franchise, certificate, or right Contractor has or had in the above-identified additional territories resulting from the cancellation of that franchise, certificate, or right by the City's annexation action, but only in those territories specified above. 2.1.2 Unimproved Public Streets and Private Roads Residences located in an area that does not allow safe access, turn-around, or clearance for service vehicles will be provided service if materials are set out adjacent to the nearest Public Street or Private Road that provides safe access. In the event that the Contractor believes that a Private Road cannot be safely negotiated or that providing walk-in service for Single-family Customers is ' impractical due to distance or unsafe conditions, the Contractor shall work with the Customer to negotiate the nearest safe convenient pick up location. City of Kent and Allied Waste Final Contract 7 of 69 8-6-10 If the Contractor reasonably believes that there is a probability of Private Road damage, the Contractor shall Inform the respective Customers and may require a damage waiver agreement to provide service on those Private Roads. 2.1.3 Hours/Days of Operation All collections in Single-family Residences, Multifamily Complexes, and mixed-use areas shall be made on Monday through Friday, between the hours of 7:00 a.m. and 6:00 p.m. The City may authorize a temporary extension of hours or days. Saturday collection is allowed to the extent consistent with make-up collections, and holiday and Inclement weather schedules. All collections from Commercial Customers within three hundred (300) yards of a zoned residential area shall be between the hours of 7:00 a.m. and 6:00 p.m. All collections from Commercial Customers not within three hundred (300) yards of a zoned residential area may be made at the mutually agreed upon time between the Contractor and the Customer. Collection vehicles may not travel through residential zoned areas to reach Commercial areas unless it is between the hours of 7:00 a.m. and 6:00 p.m. Collection from Schools in residential areas and collected on a weekend shall be between the hours of 8:00 a.m. and 5:00 p.m. 2.1.4 Employee Conduct The Contractor's employees collecting Garbage, Recyclables, and Yard & Food ' Waste shall at all times be courteous; refrain from loud, inappropriate or obscene language; exercise due care; perform their work without delay; minimize noise; and avoid damage to public or private property. If on private property, employees shall follow the regular pedestrian walkways and paths, returning to the street after replacing empty containers. Employees shall not trespass or loiter, cross flower beds, hedges, or property of adjoining premises, or meddle with property that does not concern them or their task at hand. While performing work under the Contract, employees shall wear a clean, professional, and presentable uniform with a company emblem visible to the average observer. If the City observes or is informed that any person employed by the Contractor has acted in the opinion of the City, in an incompetent, disorderly, or otherwise unsatisfactory manner, the City will document the incompetent, disorderly, or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a demand that such conduct be corrected. The Contractor shall investigate any 1 written complaint from the City or a Customer regarding any unsatisfactory performance by any of its workers. If the offending conduct is repeated, the City may require that the person be removed from all performance of additional work under this Contract. Removal shall be addressed by the Contractor immediately. City of Kent and Allied Waste Final Contract 8 of 69 8-6-10 2.1.5 Special Disabled Service The Contractor shall offer carry-out service for Garbage, Recyclables, and Yard & Food Waste to households lacking the ability to place containers at the Curb, at no additional charge. The Contractor shall use qualification criteria that are fair and 1 meet the needs of the City's disabled residents. However, exemptions may be granted in writing by the Contractor to accommodate the special needs of Customers. These criteria shall comply with all local, state, and federal regulations, I and shall be subject to City review and approval prior to program Implementation. 2.1.6 Holiday Schedules The Contractor shall observe the same holiday schedule as do King County Transfer Stations (New Years Day, Thanksgiving Day, and Christmas Day). When the day of regular collection is a King County Transfer Station holiday, the Contractor may reschedule the remainder of the week of regular collection to the next succeeding workday, which shall Include Saturdays. The Contractor may not collect Residential Garbage, Recyclables, or Yard & Food Waste earlier than the regular collection day due to a holiday. Commercial collections may be made one (1) day early only with the consent of the Commercial Customer. 2.1.7 Inclement Weather and Other Service Disruptions When weather conditions could cause continued operation to result in danger to the Contractor's staff or property or to Customers or their property, the Contractor shall collect only in areas that do not pose a danger. The Contractor shall notify the City, Customers, and the media the previous day or by 6:00 a.m. of the collection day, of its collection plans for each day inclement weather is experienced. The Contractor shall provide increased phone access and staffing to respond to increased number of Customer calls. The Contractor shall build an e-mail data base to do blanket a-mails to Customers that have provided e-mail addresses. The Contractor shall collect Garbage, Recyclables, and Yard & Food Waste from Customers with interrupted service on the first day that regular service to a Customer resumes and shall collect reasonable accumulated volumes of materials equal to what would have been collected on the missed collection day(s) from Customers at no extra charge. Upon request to the City, the Contractor may be provided temporary authorization to perform collection services after 6:00 p.m. and/or on Saturdays following disruptions due to weather in order to finish collection routes. If successive weather events occur on the same scheduled collection day(s) two (2) weeks in a row, an additional collection will be made on the next possible business I day that same week, (i.e., not waiting for the regularly scheduled collection day for the missed area.) City of Kent and Allied Waste Final Contract 9 of 69 8-6-10 The Inclement weather/service disruption requirements in the preceding paragraphs t may be changed upon mutual written agreement of the Contractor and City at any time during the term of this Contract to better serve Customers. Inclement weather and service interruption policies shall be included in all program information provided to Customers. On each inclement weather day, the Contractor shall release notices to the City, local newspapers, and radio stations, including the Seattle Times, Seattle Post- Intelligencer, and Kent Reporter newspapers; KING - 98.1 FM, KIRO - 97.3 FM, and KOMO 1000 AM radio stations; automated Customer all-calls; on-hold messages; and the Contractor's website notifying Single-family Residence, Multifamily Complex, and Commercial Customers of the modification to the collection schedule. The City may specify additional media outlets or Internet for Contractor announcements at its discretion. The Contractor and City shall develop a contingency plan for collection depots on the East Hill, the West HIII and the Valley floor if inclement weather Is anticipated to last more than two (2) weeks. The contingency plan shall be publicized as described above. When closure of roadways providing access or other non-weather related events beyond the Contractor's control prevents timely collection on a scheduled day, the Contractor shall make collections on the first day that regular service to a Customer resumes and collect reasonable accumulated volumes of materials equal to what would have been collected on the missed collection day(s) from Customers at no extra charge. Upon request to the City, the Contractor may be provided temporary authorization to perform collection services after 6:00 p.m. and/or on Saturdays following such disruptions In order to finish collection routes. Delayed or interrupted collections as described in this Section 2.1.7 are not considered service failures for purposes of Section 4.1. 2.1.8 Suspending Collection Resulting from Customer Account Disputes The City and Contractor acknowledge that, from time to time, disruptions or conflicts may occur that make continued service to the Customer unreasonable. Those disruptions or conflicts may include, but not be limited to, repeated damage to Contractor-owned containers, repeated refusal to position Garbage, Recycling, and Yard & Food Waste Carts properly for automated collection, repeated suspect claims of timely set-out followed by demands for return collection at no charge, repeated claims of Contractor damage to a Customer's property, or other problems. The Contractor shall make every reasonable effort to provide service to those Customers. However, the Contractor may deny or discontinue service to the Customer if reasonable efforts to accommodate the Customer and to provide services fall. The Contractor shall notify the City of any such denied or discontinued service, and provide back-up information to the City for potential code enforcement purposes. If the Customer submits a written letter to the City appealing the Contractor's decision, the City may, at its discretion, intervene In the dispute. In City of Kent and Allied Waste Final Contract 10 of 69 8-6-10 1 this event, the decision of the City shall be final. The City may also require the denial or discontinuance of service to any Customer who is abusing the service or is determined to be Ineligible. 2.1.9 Missed Collections If Garbage, Recyclables, or Yard & Food Waste is set out inappropriately, improperly prepared, or contaminated with unacceptable materials, the Contractor shall place in a prominent location a notification tag that Identifies the specific problem(s) and reason(s) for rejecting the materials for collection. Failure to provide proper notification to Customers of the reason for rejecting materials for collection shall be considered a missed collection and further shall be subject to liquidated damages due to lack of proper Customer notification. The failure of the Contractor to collect Garbage, Recyclables, or Yard & Food Waste that has been set out by a Customer in the proper manner shall be considered a missed pick-up, and the Contractor shall collect the materials from the Customer by the end of the business day, if notification of the miss is received by 10:00 a.m. 1 that business day, or by the end of the business day following notification by the Customer, if the notification is received after 10:00 a.m. The Contractor shall maintain a written record of all calls related to missed pick-ups and the response provided by the Contractor (see Section 2.3.4). Such records shall be made available for inspection upon request by the City and shall be included in monthly reports. In the event that the Contractor fails to collect the missed pick-up within twenty- four (24) hours of receipt of notice (or on Monday in the event of notification after 5:00 p.m. on Friday), the Contractor shall collect the materials the next business day. If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor, the Contractor shall be permitted to charge the Customer an additional fee (a "return trip fee") for this service, providing the Contractor notifies the Customer of this charge in advance. 2.1.10 Same Day Collection Garbage, Recyclables, and Yard & Food Waste collection shall occur on the same regularly scheduled day of the week for Single-family Residence Customers. The collection of Garbage, Recyclables, and Yard & Food Waste from Multifamily Complexes and Commercial Customers need not be scheduled on the same day of the week. 2.1.11 Requirement to Recycle and Compost The Contractor shall recycle or compost all loads of Source-separated Recyclables and Yard & Food Waste collected, unless express prior written permission is provided by the City. The disposal of contaminants separated during processing is acceptable to the extent that it is unavoidable and consistent with industry standards. Obvious contaminants included with either Source-separated Recyclables City of Kent and Allied Waste Final Contract 11 of 69 8-6-10 i or Yard & Food Waste shall not be collected, and shall be left in the Customer's container with a prominently displayed notification tag (per Section 2.1.9) explaining the reason for rejection. 2.1.12 Routing, Notification and Approval t The Contractor shall indicate, on a map acceptable to the City, the day of the week Garbage, Recyclables, and Yard & Food Waste shall be collected from each Single- family Residence. All materials shall be collected on the same day of the week. The Contractor may change the day of collection by giving notice at least thirty (30) days prior to the effective date of the proposed change and obtaining prior written approval from the City, which shall not be unreasonably withheld. On the City's approval, the Contractor shall provide affected Customers with at least fourteen (14) days prior written notice of pending changes. 2.1.13 Equipment Age/Condition All collection vehicles regularly used by the Contractor during the term of this ' Contract shall have chassis that meet model year 2010 or newer emissions standards. Back-up vehicles used fewer than thirty (30) days per year shall not be subject to the age and mileage limits that apply to regularly-used vehicles, but shall be presentable, in safe working order, and subject to all other conditions of this Section. Collection vehicles shall meet the specifications as submitted in the Contractor's RFP response, Exhibit C2 (Attachment H). The Contractor may request permission to use alternative vehicles if the Contractor has continued unresolvable operating problems with the use of the vehicles. The City shall consider the request, provide its own Investigations, and provide a response to the Contractor within thirty (30) days of receiving the Contractor's request. Contractor will maintain collection equipment with the ability to service limited access areas. This is to ensure that all Customers receive equal service. Vehicles used in the performance of this Contract shall be maintained in a clean and sanitary manner, and shall be thoroughly washed as needed to maintain a clean and presentable appearance, but in any event not less than once each week. Vehicles shall be repainted as needed and/or at the request of the City. All collection equipment shall have appropriate safety markings, including all highway lighting, flashing and warning lights, clearance lights, warning flags, and sound warning signallzation systems, all In accordance with current statutes, rules, and regulations. Equipment shall be maintained in good working condition at all times. All parts and systems of the collection vehicles shall operate properly and be maintained in a condition satisfactory to the City. The Contractor shall maintain collection vehicles to ensure that no discharges, i.e., no liquid wastes (such as Garbage or Yard & Food Waste leachate) or oils (lubricating, hydraulic, or fuel) are City of Kent and Allied Waste Final Contract 12 of 69 8-6-10 1 discharged to Customer premises or City streets. The Contractor shall immediately take off-line any Contractor vehicles with leaks and repair them. Contractor shall report any hazardous waste or leachate spills within the City of Kent from Contractor vehicles or collection operations immediately to the City of Kent Spill Hotline, 253-856-5600. i Unremediated spills and failure to repair vehicle leaks shall be subject to liquidated damages Any equipment not meeting these standards shall not be operated on City roads until repairs are made. All collection vehicles shall be labeled with signs on both the front, rear, and driver's side door which clearly indicate the vehicle inventory number. A Customer complaint telephone number shall be labeled on the side of the vehicle. Signs shall use lettering not less than four (4) Inches high and shall be clearly visible from a minimum distance of twenty (20) feet. Signs, sign locations, and the complaint telephone number shall be subject to approval by the City. No advertising shall be allowed on Contractor vehicles other than the Contractor's name, logo, and Customer service telephone number and website address. Special promotional messages may be permitted, upon the City's prior written approval. All collection vehicles used on this Contract shall meet existing street weight limits in the City. The Contractor shall not exceed any collection vehicle weight limit at any time. The Contractor's monthly report, Section 2.3.4.1, shall include the date, time, vehicle number, total weight, and weight exceeding weight limits for any overweight vehicle. All Contractor route, service, and supervisory vehicles shall be equipped with properly licensed two-way communication equipment. The Contractor shall maintain a base station or have equipment capable of reaching all collection areas. 2.1.14 Container Requirements and Ownership 2.1.14.1 Contractor Owned Carts 1 Single-family Residential, Multifamily Complex, and Commercial Customers shall use Contractor-owned Carts, Containers, and Drop-boxes for their primary Garbage, Recycling, Yard & Food Debris collection services. Plastic bags or Customer owned 32-gallon cans may be used for overflow volumes of Garbage, but not as a Customer's primary container. ^ 2.1.14.2 Garbage, Recyclables, and Yard & Food Waste Carts The Contractor shall provide 13-, 20-, 32-, 45-, 64- and 96-gallon Garbage Carts for the respective level of Garbage collection; 32-, 64- or 96-gallon Recyclables Carts; and 13-, 32-, 64- or 96-gallon Yard & Food Waste Carts. These cart sizes may vary slightly depending on sizes supplied by the Contractor's vendor. All carts shall be manufactured from a minimum of forty (40) percent post-consumer City of Kent and Allied Waste Final Contract 13 of 69 8-6-10 i recycled plastic, and be capable of being recycled at the end of their life, with a lid that will accommodate a Contractor affixed screening or label. The collection program under this Contract is an "all cart" system. New carts shall be delivered to all Single-family Residential Customers, as well as Multifamily Complex, and Commercial Customers utilizing carts, as part of the Implementation Plan and at no additional cost to those Customers. The Contractor shall affix the Customer's address to each new cart or replacement cart, prior to delivery. If during the term of the Contract, the address fades, or becomes unreadable, the Contractor shall reaffix the Customer's address. Carts shall be provided to requesting Customers within seven (7) days of the Customer's initial request. All wheeled cart manufacturers, styles and colors shall be approved in writing by the City prior to the Contractor ordering a cart inventory. All carts must have materials preparation instructions and telephone and website contact information printed on a sticker on the lid. All Contractor-owned wheeled carts shall: be maintained by the Contractor in good condition for material storage and handling; contain no jagged edges or holes; contain wheels or rollers for movement; and be equipped with an anti-skid device or sufficient surface area on the bottom of the container to prevent unwanted movement. The carts shall contain instructions for proper use, including any Customer actions that would void manufacture warranties (such as placement of hot ashes in the container causing the container to melt), and procedures to follow in order to minimize potential fire problems. Collection crews shall note damaged hinges, holes, poorly functioning wheels, and other similar repair needs on Contractor-owned carts (including those for Garbage, Recycling and Yard & Food Waste) and forward repair notices to the Contractor's service personnel. Customers may also provide Contractor notice of cart damage. Cart repairs shall be made at the Contractor's expense within seven (7) days from the date of damage notice from either the Customer or the collection crew. Any wheeled cart that is damaged or missing on account of accident, act of nature or the elements, fire, or theft or vandalism by other members of the public shall be replaced no later than seven (7) business days after notice from the Customer or City. Replacement carts may be used and reconditioned, but shall be clean and appear presentable. Unusable carts shall be cleaned (if necessary) and recycled to the extent possible. In the event that a particular Customer repeatedly damages a cart by excessive wear and tear or requests more than one (1) replacement cart during the term of the Contract due to negligence or intentional misuse, the Contractor shall forward in writing the Customer's name and address to the City. The City shall then attempt to resolve the problem. In the event that the problem continues, the Contractor may suspend service to that Customer, but only with the City's prior written approval. The Contractor shall notify the City of any such denied or suspended service, and provide back-up information to the City for potential code enforcement action. City of Kent and Allied Waste Final Contract 14 of 69 8-6-10 2.1.14.3 Detachable and Drop-box Containers All metal Multi-family and Commercial containers shall be new or refurbished/repainted within the first six (6) months of the Contract. The Contractor shall furnish and install 1-, 1.5-1 2-, 3-1 4-, 6- and 8-cubic yard 1 Detachable Containers, and 10-, 20-, 25-, 30- or 40-cubic yard uncompacted Drop- box Containers to any Customer who requires their use for storage and collection of Garbage, Recyclables, or Yard & Food Waste within three (3) days of the request. Containers shall be located on the premises in a manner satisfactory to the Customer and for collection by the Contractor. Detachable Containers shall be: watertight and equipped with tight-fitting metal or plastic covers; have four (4) wheels for containers 2-cubic yards and under; be in good condition for Garbage, Recyclables, or Yard & Food Waste storage and handling; and have no leaks, jagged edges, or holes. Drop-box Containers shall be all-metal, and if requested by a Customer, equipped with a tight-fitting screened or solid cover operated by a winch in good repair. Each type of container (i.e. 1 Recyclables, Yard & Food Waste or Garbage) shall be painted a color consistent with the program it is used for, subject to the requirements of Section 2.1.14 6, with color changes subject to the City's prior written approval. Containers shall be repainted as needed, or within two (2) weeks upon notification from the City throughout the length of this Contract. Detachable Containers shall be cleaned, reconditioned, and repainted (if necessary) before being supplied to a Customer who had not used it earlier. The Contractor shall provide an on-call container cleaning service to Customers. The costs of on- call cleaning shall be billed directly to the Customer in accordance with Attachment B. The Contractor, within seven (7) days after receipt of notice from the City shall supply to each Customer designated in such notice a Detachable Container fitted with a lid lock mechanism (a "lid lockable Container"), along with one padlock and one key, or a combination lock. The Contractor's lock system for new lid lockable requests shall provide at least fifty (50) different key or lock combinations for Customers with one (1) master key or combination used by the collectors. The Contractor shall also provide lid lockable Containers and padlock or combination lock to any City facilities, as requested by the City and at no cost to the City. The only authorized lid lock mechanisms on the Contractor-owned Detachable Containers are those installed by the Contractor. The Contractor shall have no obligation to render Customer-owned/supplied containers with the Contractor's padlocks. The Contractor may decline to make collections from containers fitted by others with locking mechanisms, whether or not such containers are locked on the date of service, if the locking mechanisms are of a configuration that prevents or makes unreasonably inconvenient collection with the Contractor's equipment. The Contractor must notify the City, within two (2) hours of the collection attempt, of City of Kent and Allied Waste Final Contract 15 of 69 8-6-10 any Commercial structure collections the Contractor has been unable to make under this section. Contractor shall replace leaking containers, within twenty-four (24) hours from receiving notice. Failure to replace leaking containers shall be subject to liquidated damages pursuant to Section 4.1. The City shall not be liable and the Contractor shall defend, indemnify, and hold the City harmless from any damages of any type or nature arising from or connected with the delivery, placement, or removal of containers on Customers' premises. The Contractor shall repair or replace within twenty-four (24) hours any container supplied by the Contractor and in use by either the Customer or the Contractor if the City or a Health Department inspector determines that the container fails to comply with reasonable cleanliness, health, or safety standards or constitutes a health or safety hazard. Non-Single-family Residential Customers may elect to own or secure compactors j from other sources, and shall not be subject to discrimination by the Contractor in collection service on the account. However, compactors owned or secured by those Customers must be capable of being serviced by Contractor's collection vehicles to be eligible for collection. The Contractor is not required to service Customer compactors that are not compatible with the Contractor's equipment. In the event that a particular Customer repeatedly damages a container due to negligence or intentional misuse, the Contractor shall forward in writing the Customer's name and address to the City. The City shall then attempt to resolve the problem. In the event that the problem continues, the Contractor may discontinue service to that Customer, but only with the City's prior written approval. 2.1.14.4 Recycling Carts Following the initial distribution of Recycling Carts [Section 2.2.2.2], the Contractor shall provide Recycling Carts to new Customers within the City Service Area, including new residences as well as replacement Carts to existing Customers who request them because of loss, theft, or damage, or Customers requesting an additional Cart for extras. Carts shall be provided within seven (7) days of a Customer request. All distributed Recycling Carts, including those provided in the initial distribution, shall include information materials describing material preparation and collection requirements. Any materials published by the Contractor must be reviewed and approved by the City prior to printing and distribution by the Contractor. All Recycling Carts shall be labeled with materials preparation instructions and telephone and website contact information. All Recycling Carts shall be provided at the Contractor's sole expense. City of Kent and Allied Waste Final Contract 16 of 69 8-6-10 The Contractor shall provide 32- or 64-gallon Recycling Carts on request to those residents requiring less capacity than provided by the default 96-gallon Recycling Ca rt j2.1.14.5 Ownership i On the termination of this Contract for any reason, the City may, at Its option, take full title and ownership of all Contractor-supplied Garbage Carts, Recycling Carts, and Yard & Food Waste Carts purchased or obtained by the Contractor without further compensation to the Contractor. Any remaining cart warranties shall also be transferred to the City. Detachable Containers and Drop-box Containers shall be purchased, delivered, and maintained by the Contractor during the term of this Contract. On the termination of this Contract for any reason, the City may, at its option, purchase or assign the right to purchase the Contractor's in-place inventory of Detachable Containers or Drop-box Containers for use by the successive Contractor. In the event that the City elects to purchase the Contractor's containers, the sale price shall equal fifty (50) percent of the average new price for each container, based on the average price from three (3) manufacturers at the time of the termination. The Containers' warranties shall also be transferable to the City. For the purposes of this 1 transaction, the average prices shall include transportation from the manufacturer to the Contractor's closest service yard, but shall exclude sales or use taxes. 2.1.14.6 Container Colors and Labeling Container colors of new and replacement Contractor-provided Recycling Carts, Yard & Food Waste Carts, Garbage Carts and Detachable Containers used for Garbage and Recycling shall be agreed upon by the City and the Contractor. The City may direct changes to cart colors at any time prior to the Contractor ordering initial or replacement carts provided the new direction from the City does not require replacement of existing inventories and the cost per unit does not increase to the Contractor. All Garbage Carts, Recycling Carts, Yard & Food Waste Carts, Detachable Containers, and Drop-boxes shall be labeled with instructional information and pictures of what is acceptable in each cart/container and contact information, including both a customer service phone number and a website address. All labels shall be approved by the City prior to ordering by the Contractor. The location of the label on the carts, containers and drop-boxes shall be subject to the City's prior approval and shall be highly visible to Customers. Labels shall be UV resistant and/or replaced when faded, damaged, or upon City or Customer request. Multi- lingual labels as requested by the City shall also be made available by the Contractor to Customers for attachment to containers/carts as requested by the Customer or City. City of Kent and Allied Waste Final Contract 17 of 69 8-6-10 2.1.14.7 Container Weights Weight of carts when full shall not exceed twenty (20) pounds for the 13-gallon size, thirty (30) pounds for the 20-gallon size, sixty (60) pounds for the 32-gallon size, ninety (90) pounds for the 45-gallon size, one hundred-twenty (120) pounds for the 64-gallon size and one hundred-eighty (180) pounds for the 96-gallon size. Weight of cans, bundles, bags, or boxes used for extra Garbage and Yard Waste shall not exceed sixty (60) pounds when full. No specific weight restrictions are provided for Detachable Containers; however, the Contractor shall not be required to lift a Detachable Container exceeding the safe working capacity of the collection vehicle. Drop-box weights must not cause the collection vehicle to exceed legal road weights. 2.1.15 Spillage, Incidents All loads collected by the Contractor shall be completely contained in collection j vehicles at all times, except when material is actually being loaded. Hoppers on all collection vehicles shall be cleared frequently to prevent the occurrence of unnecessary blowing or spillage. Any spillage of materials caused by Contractor that occurs during collection shall be immediately cleaned up (within one (1) hour of notification of the incident) by the Contractor at its expense Spillage not immediately cleaned up shall be subject to liquidated damages, as described in Section 4.1. All vehicles used in the performance of this Contract shall be required to carry and regularly maintain spill kits. At a minimum, spill kits shall include absorbent pads or granules, containment booms, storm drain covers, sweepers, and other similar materials sufficient to contain, control and, for minor events, appropriately clean-up blowing materials, litter, leaks, and spillage of vehicle or container fluids and leachate. Spill kits shall also include employee spill containment instructions and procedures, as well as a regularly updated list of emergency contacts. The Contractor shall develop spill response procedures for review and approval by the City before initiating any work under this Contract. This plan shall include immediate notification to the City followed-up by a written report to the City within three (3) business days. All drivers shall be trained not less than annually on the use of spill kits and associated containment and notification procedures. 2.1.16 Pilot Programs The City may wish to test and/or implement one or more new developments in waste stream segregation, materials processing, or collection technology at some point during the Contract term. The City shall notify the Contractor in writing at least ninety (90) days in advance of its intention to implement a pilot program or of its intention to utilize a new technology system on a City-wide basis. The costs (or savings) accrued by City-initiated pilot programs shall be negotiated prior to implementation. City of Kent and Allied Waste Final Contract 18 of 69 8-6-10 ' Contractor-initiated pilot programs shall require prior written notification and approval by the City. Contractor-Initiated pilot programs shall be performed at no additional cost to the City or the Contractor's Customers; however, savings accrued may be subject to negotiation prior to implementation at the City's request. 2 1 17 Disruption Due to Construction The City reserves the right to construct any improvement or to permit any construction in any street or alley in any manner as the City may direct, which may have the effect, for a time, of preventing the Contractor from traveling the accustomed route or routes for collection. However, the Contractor shall, by the + most expedient manner, continue to collect Garbage, Recyclables, and Yard & Food Waste to the same extent as though no interference existed upon the streets or alleys normally traversed. This shall be done at no extra expense to the City or to the Customers. 2.1.18 Contractor Planning Assistance The Contractor shall, upon request and without additional cost, make available site planning assistance to either the City and/or property owners. The site planning assistance shall be available for all new construction or remodeling of buildings and ' structures within the City Service Area, and shall address the design and planning of Garbage, Recyclables, and Yard & Food Waste removal areas and their location upon the site of the proposed construction or remodeling project. Contractor planning assistance for optimizing loading docks and other areas shall also be available for existing building managers when realigning Garbage, Recyclables, and Yard & Food Waste services. 2.1.19 Safeguarding Public and Private Facilities ' The Contractor shall protect all public and private improvements, facilities, and utilities whether located on public or private property, including street curbs. If such improvements, facilities, or utilities are damaged by reason of the Contractor's operations, the Contractor shall notify the City immediately in writing of all damage, and the Contractor shall promptly repair or replace the same. If the Contractor fails to do so promptly, as determined by the City, the City shall cause repairs or replacement to be made, and the cost of doing so shall be billed to the Contractor. 2.1.20 Company Name The Contractor shall not use a firm name containing the words "Kent," "City," or any words implying municipal ownership. "Allied Waste" shall be used as the Contractor name in all correspondence, written and verbal, on all promotional and 1 educational materials, on collection vehicles, web site, billing, etc. i City of Kent and Allied Waste Final Contract 19 of 69 8-6-10 2.1.21 Transition and Implementation of Contract The Contractor shall work with the City to explain the expanded commingled recycling collection system and Garbage collection service placement requirements, container sizes, and rates. At a minimum and in accordance with the dates established in the Implementation Plan, the Contractor shall, at its expense, provide the following: 1. The Contractor shall mail to all Single-family Residential Customers a post card notifying them of the delivery of new carts, the key services of the Contract, and instructions for the intervening time period before the implementation of new services. 2. The Contractor will deliver to Single-family Residential Customers new carts with a User Guide (in a plastic bag or other weatherproof container taped or affixed to the cart) that includes Information on container placement, available service levels, and rates, Recyclables, and Yard & Food Waste preparation and collection requirements, restrictions on disposal, bulky waste recycling and disposal opportunities, day of collection, and other pertinent information. The Contractor shall also design, produce, and distribute with the User Guide a magnetized information card describing acceptable Single-family Residential Recyclable, Yard & , Food Waste and Garbage preparation and set-out information. The magnets shall be delivered to both Single-family and Multifamily Customers. The Contractor shall deliver the same size Garbage Cart, if applicable, for each service as currently provided to each cart Customer (unless Customers request a different size cart prior to delivery). 3. The Contractor shall deliver Carts, Detachable Containers, and Drop- box Containers to Multifamily and Commercial Customers. Containers may be delivered earlier in the month, provided that the Contractor has Customer approval ' to do so. 4. Additional staffing shall be provided for Contractor Customer service lines to accommodate Customer questions, Single-family Residential service level I shifting requests, and Multifamily and Commercial Customer container orders during the transition period. The above dates may be shifted earlier upon written permission of the City, provided that Customers receive new containers in a way to minimize confusion. All container decals and materials provided by the Contractor to Customers shall be reviewed and approved by the City in advance. 2.1.22 Coordination with City and Annual Performance Review The Contractor's supervisory staff shall be available to meet with the City at the City's offices on request during normal business hours to discuss operational and City of Kent and Allied Waste Final Contract 20 of 69 8-6-10 Contract Issues. The City may, at its option, conduct an annual performance review of the Contractor's performance under this Contract The City has the sole right to establish performance measures evaluated pursuant to this Contract. The City may perform the review to confirm various aspects of the Contractor's operations and compliance with this Contract. City staff or contracted consultants may provide the review at the City's direction. The Contractor shall fully cooperate and assist with all aspects of the performance review, including access to route and customer service data, safety records, and other applicable information. The City's authority under this provision is limited to non-financial reviews of Contract compliance. The results of the performance review shall be presented to the Contractor, and a plan addressing any deficiencies shall be provided to the City within two (2) weeks I of the Contractor's receipt of the review. The Contractor shall develop a plan to correct, in good faith, any deficiencies found in its performance under this Contract. The Contractor's plan shall address all identified deficiencies and include a timeline for corrective actions. The Contractor's corrective plan shall be subject to review and approval by the City. Upon approval of the plan, the Contractor shall proceed to correct deficiencies. Failure to correct deficiencies as outlined in the plan and/or failure to initiate corrective actions within thirty (30) days shall constitute a failure to perform, and the City, at its sole option, may provide the Contractor with thirty (30) days, notice of contract termination. The City's determination of failure to ' perform shall not be unreasonable. 1 The Contractor shall continually monitor and evaluate all operations to ensure compliance with this Contract. At the request of the City, or at no less than quarterly intervals, the Contractor shall report its actual performance measures, compare actual performance to City performance requirements, and provide a plan and timeline for remedial measures to correct any items failing to meet City requirements. 2.1.23 Disposal Requirements All Garbage collected under this Contract, as well as residues from processing I Recyclables, and Yard & Food Waste, shall be delivered to the King County Disposal System, unless otherwise directed or permitted in writing by the City. Construction and demolition collected by the Contractor may be processed to recover recyclables, provided that the residual is disposed in accordance with the City's Interlocal Agreement with King County. In the event the Contractor elects to haul mixed construction and demolition and Food Waste to a private processing facility, the Contractor shall charge the Customer no more than the equivalent disposal fee at a King County Disposal System transfer station and shall charge 1 hauling fees no higher than provided for in Attachment B. 1 City of Kent and Allied Waste Final Contract 21 of 69 8-6-10 t 2.1.24 Compressed Natural Gas (CNG), Alternative Fuels The Contractor shall use Compressed Natural Gas (CNG)-powered collection vehicles in the performance of this Contract. The Contractor may request permission to use other alternative fuels. The City shall consider the request, provide its own investigations and provide a response to the Contractor within thirty (30) days of receiving the Contractor's request. Upon request of the City, the Contractor shall provide the City access and use of ' the Contractor's CNG fueling station. 2.1.25 Violation of Ordinance The Contractor shall report in writing to the Director identified in Chapter 7.03 KCC any observed violation of the City's Ordinance. KCC 7.03, providing for and regulating the collection, removal, and disposal of Garbage, Recyclables, and Yard & Food Waste. 2.2 Collection Services 2.2.1 Single-family Residence Garbage Collection 2.2.1.1 Subject Matenals The Contractor shall collect all Garbage placed curbside for disposal by Single- family Residential Customers in Contractor provided Garbage Carts. The Contractor shall offer carry-out service to disabled Customers at no charge (per Section 2 1.5) and to all other Customers for the appropriate service level rate, plus the carry-out surcharge, if any, in accordance with Attachment B. Garbage containing Yard Waste shall not knowingly be collected and instead prominently tagged with a notice informing the Customer that disposal of Yard Waste in Garbage is not legal within the City. Contractor's knowing collection of Garbage mixed with visible Yard Waste may be grounds for liquidated damages pursuant to Section 4.1. The Contractor shall not be required to collect hazardous materials that are either restricted from disposal or would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a written notice with the rejected materials, listing why they were not collected and providing the Customer with a contact for further information about proper disposal options. The Customer remains responsible for all costs associated with handling and disposal of hazardous materials inadvertently collected by Contractor. City of Kent and Allied Waste Final Contract 22 of 69 8-6-10 2.2.1.2 Collection Containers The Customer's primary container must be a Contractor-provided cart or container. Plastic bags may only be used for excess waste, not as the Customer's primary container. Cart rental fees shall be embedded in the respective level of cart service and not separately charged. Garbage Carts shall be delivered by the Contractor to Single-family Residence Customers within seven (7) days of the Customer's initial request. Existing Single-family Residential Customers shall be allowed a one-time level of service change or adjustment at no extra charge within the one (1) year period beginning April 1, 2011. New Single-family Residential Customers who subscribe for collection service after April 1, 2011, shall be allowed a one-time level of service change or adjustment during the new Customer's first year of service. Changes in level of service after April 1, 2012, for existing Single-family Residential Customers, changes in level of service after the first year of service for new Single-Family Residential Customers, and any change in service of two (2) or more times, regardless of the initial service date, shall be subject to a redelivery fee as listed in Attachment B. 2.2.1.3 Specific Collection Requirements The Contractor shall offer regular week) collection of the following service levels: 9 Y 9 1. 13-gallon Garbage Cart 2. 20-gallon Garbage Cart 3. 32-gallon Garbage Cart 4. 45-gallon Garbage Cart 5. 64-gallon Garbage Cart 6. 96-gallon Garbage Cart All collections shall be made from Single-family Residences on Public Streets and Private Roads on a regular schedule on the same day and as close to a consistent time as possible. The Contractor may tag inappropriately placed containers and may suspend service in the event of persistent inappropriate container placement. The Contractor shall notify the City within twenty-four (24) hours, of any suspended collections and provide back-up documentation. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return containers, in an upright position, with lids closed and attached, to their set out location and not on streets, sidewalks, or public pathways. 2.2.1.4 Extra Charges Carry-out charges shall be assessed only to those Customers who cannot provide ' an adequate curbside cart or container location or who choose to have the Contractor move a container to reach the collection vehicle at its nearest point of City of Kent and Allied Waste Final Contract 23 of 69 8-6-10 access, unless the Customer is otherwise exempt from rollout charges pursuant to this Contract or Kent City Code Cans, carts, or containers without lids completely shut and secure may be charged extra fees. The Contractor may charge for an overweight container at the "extra" rate, provided that the Customer agrees to pay for special handling, otherwise, the container shall be left at the Curb with notification as to why it was not collected. The Contractor shall maintain route lists in sufficient detail to allow accurate recording and charging of all extra fees. All "extras" from Customers with a history of disputed charges shall be documented with a date and time stamped photograph. Customers shall be allowed to specify that no "extras" be collected without prior Customer notification, which shall be provided by the Customer no less than twenty-four (24) hours prior to that Customer's regular collection date. 2.2.2 Single-family Residence Recyclables Collection 2.2.2.1 Subject Materials The defined list of Recyclables shall be collected from all participating Single-family Residences as part of basic Garbage collection services, without extra charge. The Contractor shall collect all Recyclables from Single-family Residences that are placed in Contractor owned Carts or are boxed or placed in a paper bag next to the Customers' recycling cart. All subject recyclable materials listed may be modified in the Operations Plan, Attachment K. At a minimum the following recyclables will be collected and must be prepared as follows, and be uncontaminated with Food Waste or other residues: Aluminum Cans and Foil: All aluminum cans and clean foil and foil trays that are placed in the Recycling Cart. Corrugated Cardboard: All corrugated cardboard that is smaller than three (3) feet by three (3) feet, flattened and placed in or next to the Customer's Recycling Cart. Fluorescent Bulbs/Tubes: All fluorescent bulbs and tubes placed in Contractor and City approved bags, placed next to the Customer's Recycling Cart, with a limit of two (2) bags per month per Residence. Glass Containers: All colored or clear jars and bottles that are rinsed, lids greater than three (3) inches wide. Kitchen Oil and Grease: All kitchen oil and grease placed in Contractor and City i approved containers or one (1) gallon plastic jugs placed next to the Customer's ■ Recycling Cart, with a limit of two (2) gallons of kitchen oil and grease per month per Residence. Mixed Paper: All Mixed Paper. City of Kent and Allied Waste Final Contract 24 of 69 B-6-10 r I Motor Oil: All motor oil that is free from contaminants and placed in Contractor and City approved containers, one (1) gallon plastic jugs placed next to the Customer's Recycling Cart, with a limit of two (2) gallons of oil per month per Residence. Newspaper: All newspaper and advertising supplements that are delivered with newspapers. Plastics: All plastic bottles, jugs, tubs, cups, food containers, plastic plant pots, and container lids wider than three (3) inches, buckets with metal handles, milk/soda ' crates, laundry baskets, lawn furniture, landscape & microwave trays, totes-any size, drums, pet carriers, pallets, coolers shelving closet organizers, dish strainers, 11 flowerpots, empty garbage cans, PVC & PET blister packs, five (5) gallon water I bottles, deli trays & clamshells, plastics #1-7, aseptic containers, toys, playhouses, mixed rigid plastic, automotive plastic, bumpers, side-view mirrors, hubcaps. Other plastics or hazardous product containers are excluded. Plastic Bags: All clean plastic shopping bags, newspaper bags and dry cleaning bags (bagged together). IPolycoated Cartons and Boxes: All plastic coated cartons and boxes that are flattened. Scrap Metal: All ferrous and non-ferrous Scrap Metal that is free of wood, plastic, rubber and other contaminants: and meets the size requirements defined for Scrap Metals. Scrap metal shall include small appliances, provided they meet the size requirements. Tin Cans: All food and beverage cans. 2.2.2.2 Containers The Contractor shall be responsible for ordering, assembling, affixing Instructional information onto, maintaining inventories of, and distributing and maintaining Recycling Carts. The Contractor shall procure and distribute Recycling Carts to all Single-family Residence Customers as identified in the Implementation Plan. The default Recycling Cart size shall be 96-gallons, provided that the Contractor shall offer and provide 32- or 64-gallon Recycling Carts on request to those Customers requiring less capacity than provided by the standard 96-gallon Recycling Cart. Recycling Carts shall be labeled with recycling collection requirements in accordance with Section 2.1.14.6, and shall include a program packet of materials when distributed. The program packet of materials shall include items identified in Section 2.1.21. Recycling Carts shall be delivered by the Contractor to new Customers or those I Customers requesting replacements, within seven (7) days of the Customer's initial request. City of Kent and Allied Waste Final Contract 25 of 69 8-6-10 Customers may request additional Recycling Cart(s) at the rate listed in Attachment B. Existing Single-Family Residential Customers shall be allowed a one-time level of service change or adjustment at no extra charge within the one (1) year period beginning April 1, 2011. New Single-family Residential Customers who subscribe for collection service after April 1, 2011, shall be allowed a one-time level of service change or adjustment during the new Customer's first year of service. Changes in level of service after April 1, 2012, for existing Single-family Residential Customers, changes in level of service after the first year of service for new Single-family Residential Customers, and any change in service of two (2) or more times, regardless of the Initial service date, shall be subject to a redelivery fee as listed in Attachment B. 2.2.2.3 Specific Collection Requirements Single-family Residence Recyclables collection shall occur every-other-week on the j same day as each household's Garbage and Yard & Food Waste collection. Single- family Residence Recyclables collection shall occur during the hours and days specified in Section 2.1.3. Collections shall be made from Residences on a regular schedule on the same day and as close to a consistent time as possible. The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection service is provided. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return containers with their lids closed and attached to their set out location in an orderly manner. I� The Contractor shall collect all properly prepared Single-family Residence 1 Recyclables from Garbage Customers. No limits shall be placed on set-out volumes, except in the case when extremely large quantities of commercially-generated materials are consistently set out at a Single-family Residence. In this case, the Contractor shall request the Customer to use a larger Recycling Cart or use commercial recycling services for the excess volumes. If the Customer continues to set out commercial quantities of Recyclables, the Contractor shall notify the City for further action. In the event that large quantities of residentially-generated cardboard (e.g. moving boxes) are set out for collection, the Contractor may collect the excess materials the following day in a separate truck, provided that clear written notification of the collection delay is provided to the Customer. The Contractor shall collect from Single-family Residential Customers properly packaged used motor oil, kitchen oil, or grease. The Contractor may refuse to collect used motor oil, kitchen oil, or grease from any Customer for any one (1) of the following reasons: 1) the motor oil, kitchen oil, or grease was not packaged in a one gallon plastic jug; 2) the jug contained substances other than motor oil, kitchen oil, or grease; 3) the jug was not leak proof; 4) the container is not properly labeled with the Customer's name and address; or 5) there is spillage at the Customer location which is not caused by the Contractor's employees. Should the Contractor reject used motor oil, kitchen oil, or grease for any of these reasons, a tag outlining the reason for rejection shall be left with the container. City of Kent and Allied Waste Final Contract 26 of 69 8-6-10 ' Customers requiring (an) empty jug(s) to participate in the oil, kitchen oil, and grease collection program may leave a written request to that effect on the Customer's recyclables container for the Contractor's recycling truck driver, and the driver shall furnish empty containers. 2.2.3 Yard & Food Waste Collection 2.2.3.1 Sub]ect Matenals Yard & Food Waste shall be collected each collection cycle from all Single-family Residences. iContaminated or oversized Yard & Food Waste materials rejected by the Contractor at the Curb shall be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected. 2.2.3.2 Containers A Yard & Food Waste Cart shall be provided to all Single-family Residential Customers. The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Yard & Food Waste Carts. Yard & Food Waste Carts shall be labeled with instructional information, in accordance with Section 2.1.14.6. The default Yard & Food Waste Cart size shall be 96-gallons, with 13-, 32- and 64-gallon sizes available upon request. The distribution plan for containers including default size(s) will be defined in the Implementation Plan. Extra Yard Waste material that does not fit in the initial Yard & Food Waste Cart shall be boxed, bundled, or placed in paper bags, approved compostable bags, or Customer-owned Garbage Cans which do not exceed 32-gallons in capacity and sixty-pounds when full, labeled for Yard Waste. Customers choosing to use their own containers for excess Yard Waste shall be provided durable stickers by the Contractor that clearly identify the container's contents as Yard Waste. Extra Food Waste must be in Contractor-approved containers. Yard & Food Waste Carts shall be delivered by the Contractor to Customers within seven (7) days of the Customer's initial request. Upon request by the Customer, Contractor shall provide on-site cart cleaning service once a year for all Yard & Food Waste Customers at no cost. The Contractor shall publicize this service on its web site and on the yearly collection schedule distributed to Customers. Additional cleanings per year shall be provided at the rates listed in Attachment B. Existing Single-family Residential Customers shall be allowed a one-time level of service change or adjustment at no extra charge within the one (1) year period beginning April 1, 2011. New Single-family Residential Customers who subscribe for collection service after April 1, 2011, shall be allowed a one-time level of service City of Kent and Allied Waste Final Contract 27 of 69 8-6-10 change or adjustment during the new Customer's first year of service. Changes in level of service after April 1, 2012, for existing Single-family Residential Customers, changes in level of service after the first year of service for new Single-family Residential Customers, and any change in service of two (2) or more times, regardless of the initial service date, shall be subject to a redelivery fee as listed in Attachment B. 2.2.3.3 Specific Collection Requirements Yard & Food Waste materials shall be collected at least every-other-week from all Single Family Residences. Yard & Food Waste in excess of Contractor-provided container capacity will be charged as "extras" in 32-gallon increments, with each extra equaling 32-gallons. The Contractor shall collect Yard & Food Waste on Public Streets and Private Roads, in the same location as Garbage collection is provided. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return containers in an upright position, with lids attached, to their set out location. Upon two hundred seventy (270) days written notice, the City may elect to shift from embedded every other week to embedded weekly Yard & Food Waste collection, Future Option 1, Attachment B-1. Upon two hundred seventy (270) days written notice, the City may elect to shift service to the Combined Single-Family Residential Service Package, every other week Garbage, every other week Recycling, Embedded Weekly Yard & Food Waste collection, Future Option 2, Attachment B-2. 2.2.3.4 Food Waste Collection i The Contractor shall accept Food Waste included and mixed with Yard & Food Waste in Yard & Food Waste Carts for Single-family Residential Customers. The Contractor shall provide kitchen Food Waste containers with a Customer education package on Food Waste collection and list of acceptable food scraps/food-soiled paper items, and will distribute the containers prior to the Contract Service Date. The range of materials handled by the Food Waste collection program may be changed from time to time, with prior written approval of the City, to reflect those materials allowed by the Seattle-King County Health Department for the frequency of collection provided by the Contractor. 2.2.4 Single-Family Bulky Items. White Goods Collection 2.2.4.1 Subject Materials On-call collection of Bulky Items and White Goods shall be offered, and shall be provided at the rates listed in Attachment B. Collected oversized items shall be , recycled by the Contractor to the extent possible. The Contractor shall maintain a City of Kent and Allied Waste Final Contract 28 of 69 8-6-10 separate log listing service date, materials collected, Customer charges, weights, and whether the Item was recycled or disposed. This log shall be provided to the City on a monthly basis. t2.2.4.2 Specific Collection Requirements On-call collection services of bulky items such as couches, mattresses, White i Goods, and other oversized materials must occur during the hours and days specified in Section 2.1.3, with the exception that Saturday collection is permissible ' if it is more convenient for Customers. The Contractor's crews shall make collections in an orderly and quiet manner. 2.2.5 Multifamily Complex and Commercial Customer Garbage Collection 2.2.5.1 Subject Materials The Contractor shall collect all Garbage set out for disposal by Multifamily Complex and Commercial Customers in acceptable containers as designated in Section 1 2.2.5.2. Garbage containing Yard Waste shall not knowingly be collected and instead, shall be prominently tagged with a notice informing the Customer that disposal of Yard Waste in Garbage is not legal within the City. Contractor's knowing collection of Garbage mixed with visible Yard Waste shall be grounds for liquidated damages. The Contractor shall not be required to collect hazardous materials that are either restricted from disposal or would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a notice prominently displayed ' with the rejected materials listing why they were not collected and provide the Customer with a contact for further information on proper disposal. The Customer shall remain responsible for all costs associated with handling and disposal of hazardous materials inadvertently collected by Contractor. 2.2.5.2 Containers The Contractor shall provide containers meeting the standards described in Section 2.1.14. Multifamily Complex and Commercial Customers shall be offered a full range of containers and service options, including Garbage Carts, one (1) through six (6) cubic yard compacted and one (1) through eight (8) non-compacted Detachable Containers, and compacted and non-compacted Drop-box Containers. Materials in excess of container capacity or the subscribed service level shall be collected and properly charged as "extras" at the rates listed in Attachment B The Contractor shall develop and maintain route lists in sufficient detail to allow accurate recording and charging of all "extras." All "extras" shall be documented with a date and time stamped photograph. ' The Contractor may use either or both front-load or rear-load Detachable Containers to service Multifamily Complex and Commercial Customers. However, City of Kent and Allied Waste ' Final Contract 29 of 69 8-6-10 not all collection sites within the City Service Area may be appropriate for front-load collection due to limited maneuverability or overhead obstructions. The Contractor shall provide containers and collection services capable of servicing all Customer sites, whether or not front-load collection is feasible. Contractor-owned containers shall be delivered by the Contractor to requesting Multifamily Complex and Commercial Customers within three (3) days of the Customer's initial request. Contractor shall instruct Customers to properly care for Containers on the Customer's property, to use reasonable efforts to protect the Containers from graffiti or negligent misuse, and to use the Containers only for their intended purpose. Customers may elect to own or secure compactors from other sources, and shall not be subject to discrimination by the Contractor in collection service on the account. However, compactors owned or secured by Customers must be capable of being serviced by Contractor's collection vehicles to be eligible for collection The Contractor is not required to service Customer compactors that are not compatible with the Contractor's equipment. 2.2.5.3 Specific Collection Requirements I Commercial Garbage collection shall be made available to Multifamily Complex and Commercial Customers daily, Monday through Friday, during the times specified in Section 2.1.3. Collection at Multifamily Complex sites shall be limited to the same hours as Single-family Residence collection. Collections shall be made on a regular schedule and shall be collected as close to a consistent time as possible to minimize Customer confusion. The Contractor shall collect from areas mutually agreed upon by the Contractor and Customer with the least slope and best truck access possible. ' Containers shall be replaced after emptying in the same location as found. Roll-out charges shall be assessed in fifteen (15) foot increments in excess of the first twenty (20) feet only to those Customers for whom the Contractor must move a container over twenty (20) feet to reach the collection vehicle at its nearest point of access. Cans, carts, or containers without lids completely shut and secure may be charge extra fees. 2.2.6 Multifamily Complex Recyclables Collection 2.2.6.1 Subject Materials The Contractor shall collect all Recyclables from Multifamily Complexes that are prepared in a manner similar to that described for Single-family Residence Recyclables in Section 2.2.2.1., with the exception of motor oil, kitchen oil, and grease, or fluorescent lights. City of Kent and Allied Waste Final Contract 30 of 69 8-6-10 2.2.6.2 Containers The Contractor shall be responsible for ordering, assembling, affixing Instructional Information onto, maintaining Inventories of, and distributing and maintaining Recycling Carts or Containers. The default Recycling Cart size shall be 96-gallons, provided that the Contractor shall offer and provide 32-or 64-gallon Recycling Carts on request to those complexes requiring either less or additional capacity than provided by the standard 96-gallon Recycling Cart. Recycling Carts shall be labeled with recycling collection requirements in accordance with Section 2.1.14.6 when distributed. Participant informational packets shall be delivered to the Multifamily Complex manager as described in Section 2.1.21. At larger Multifamily Complexes, the Contractor may use Detachable Containers for recycling collection provided that they are clearly distinguished from containers 1 used for Garbage or Yard & Food Waste collection and are equipped with prominent City-approved identifying and instructional labels. I Recycling Carts and containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. Multifamily Complex Recycling Carts shall be relabeled periodically in accordance with Section l2.1.14.6. 2.2.6.3 Specific Collection Requirements IMultifamily Complex recycling collection shall occur weekly or more frequently, as needed, during the hours and days specified in Section 2.1.3 for Multifamily Complex collection. Collections shall be made on a regular schedule on the same day(s) of the week as garbage collection and shall be collected as close to a consistent time as possible to minimize Customer confusion. The Contractor shall collect from areas mutually agreed upon by the Contractor and Customer with the least slope and best truck access possible. Containers shall be replaced after emptying in the same location as found. When space constraints limit the provision of containers appropriately-sized for weekly collection, the Contractor shall provide more frequent collection, as necessary, of smaller containers to provide adequate capacity for the Multifamily Complex site. j2.2.7 Commercial Recycling Collection i Commercial Customers subscribing to weekly garbage cart service using a cart with 96-gallon or less capacity shall be provided a 96-gallon recycling cart or smaller upon request to the Contractor at no additional cost to the Customer. The Contractor shall notify all Commercial cart Customers this option is available. Participation levels shall be reported in monthly reports. 1 City of Kent and Allied Waste Final Contract 31 of 69 8-6-10 i The Contractor may offer competitive Commercial Customer recycling services at rates negotiated between the Contractor and Commercial Customer 2.2.8 Multifamily Complex and Commercial Customer Yard & Food Waste Collection 2.2.8.1 Subject Materials The Contractor shall provide Yard & Food Waste collection services to Multifamily Complex and Commercial Customers, provided at the rates listed in Attachment B, in accordance with the service level selected by the Customer. Contaminated or oversized Yard & Food Waste materials rejected by the Contractor shall be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected. 2.2.8.2 Containers The Contractor shall be responsible for ordering, assembling, affixing Instructional Information onto, maintaining Inventories of, and distributing and maintaining Yard & Food Waste Carts and Detachable Containers. Upon request by the Customer, Contractor shall provide on-site cart cleaning service once per calendar year for all Yard & Food Waste Customers at no cost. Additional cleanings per year shall be provided at the rates listed In Attachment B. The Contractor shall publicize this service on Its web site and on the yearly collection schedule distributed to Customers. Extra Yard Waste material that does not fit in a Yard & Food Waste Cart or Detachable Container shall be bundled, boxed, or placed in paper bags or Customer-owned 32-gallon containers. Extra Food Waste must be in Contractor- approved container. Yard & Food Waste Carts shall be delivered by the Contractor to new Multifamily Complexes or Commercial Customers within three (3) days of the Customer's initial request. 2.2.8.3 Specific Collection Requirements Yard & Food Waste shall be collected from Multifamily Complex and Commercial Customers at the same frequency schedule for Single-family Customers. Collections shall be made on a regular schedule on the same day(s) and as close to a consistent time as possible. Yard & Food Waste in excess of the subscribed container size may be charged as "extras" in 32-gallon Increments, with each extra equaling 32 gallons. The Contractor shall collect at defined Multifamily Complex or Commercial Customer container spaces. The Contractor's crews shall make collections in an orderly and City of Kent and Allied Waste Final Contract 32 of 69 8-6-10 quiet manner, and shall return containers with their lids closed and attached to their set out location. 2.2.8.4 Commercial Food Waste (only) Collection Commercial Customers may use the Contractor or other certified Food Waste hauling company for weekly Food Waste collection, provided that they must comply with Seattle-King County Health Department regulations for commercial Food Waste collection. Those requirements may Include, but not be limited to, providing biodegradable kitchen container bags, providing Cart liners or other methods to maintain Container cleanliness. The Contractor shall not be required to provide bags as part of the basic collection service. r2.2.9 Drop-Box Container Garbage Collection 2.2.9.1 Subject Materials The Contractor shall provide Drop-Box Container Garbage collection services to Multifamily Complex and Commercial Customers, at the rates listed in Attachment B, in accordance with the service level selected by the Customer. Garbage containing Yard Waste shall not knowingly be collected and Instead the Contractor shall prominently tag the container with a notice Informing the Customer that disposal of Yard Waste in Garbage is not legal within the City. Contractors knowing collection of Garbage mixed with visible Yard Waste shall be grounds for iliquidated damages. ' The Contractor shall not be required to collect Drop-box Containers containing hazardous materials that are either restricted from disposal or that would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a prominent notice on the container listing the rejected materials, explaining why they were not collected, and providing the Customer with a contact for further information on proper disposal. If a Drop-box Container Customer I persistently includes inappropriate materials in its containers, the Contractor shall photograph and otherwise document the inappropriate materials, and provide the Customer's name and address to the City for further action. The Customer shall 1 remain responsible for all costs associated with handling and disposal of Hazardous Materials inadvertently collected by Contractor. 2.2.9.2 Containers The Contractor shall provide containers meeting the standards described in Section 2.1.14. The Contractor will provide service for both Customer-owned and Contractor-owned Drop-box Containers, including Customer-owned compactors. Contractor-owned containers shall be delivered by the Contractor to requesting ' Customers within three (3) days of the Customer's initial request. City of Kent and Allied Waste Final Contract 33 of 69 8-6-10 2.2.9.3 Specific Collection Requirements Single-family Residence, Multifamily Complex, and Commercial Customer Drop-box Container collection must occur during the hours and days specified in Section 2.1.4. Collection of Drop-box Containers in Single-family Residence and Multifamily Complex areas and multiuse buildings containing Multifamily Complexes shall be limited to the same hours as Single-family Residence collection. The Contractor shall provide dispatch service and equipment capability to collect full Drop-box Containers no later than the next business day after the Customer's initial call. The Contractor shall maintain a sufficient Drop-box Container inventory to provide empty containers to new and temporary Customers within three (3) business days after the Customer's initial call. 2.2.10 Temporary Container Customers The Contractor shall provide temporary 2-, 4-, 6- and 8-cubic yard Detachable Containers and 10-, 20-, 30-, and 40-cubic yard Drop-boxes to Single-family Residence, Multifamily Complex, and Commercial Customers on an on-call basis. The charges for temporary Detachable Container service listed in Attachment B shall include collection and disposal. Disposal charges for temporary Drop-box Containers shall be billed in addition to the delivery, rental, and hauling rates listed in Attachment B. Delivery and rental charges shall be itemized and charged separately, at the rates listed in Attachment B. 2.2.11 Service to City Facilities and Properties The Contractor shall provide weekly Garbage, Recyclables, and Yard & Food Waste collection to all City municipal facilities, whether the City owns or leases all or part of the facilities, at the flat rates listed in Attachment B. (List of City facilities and parks locations identified in Attachment D) The cost of servicing City facilities and parks with temporary containers will be billed directly to the City Department as identified in Attachment D. Additional City municipal facilities added during the term of the Contract shall also be provided collection, including new facilities developed within the City Service Area, as well as municipal facilities in future annexation areas covered by this Contract. In the event of increases or decreases in City facilities and properties serviced, the flat rate in Attachment B will be adjusted proportionately based upon the gain or loss in service requirement. The Contractor shall collect any City-owned on-street litter containers within the City service area, at the flat rate listed in Attachment B, at the locations and at the frequency (up to daily Monday through Friday) specified in writing by the City. The cost of collecting public place recycling containers shall be included in the flat rate. The City may amend the number and location of on-street containers and public place recycling containers throughout the terms of this Contract as conditions City of Kent and Allied Waste Final Contract 34 of 69 8-6-10 change, and rates will be adjusted proportionately based upon the gain or loss in service requirement (List of street container locations Identified in Attachment E) 1 2.2.12 City-Approved Community Events The Contractor shall provide Garbage, Recycling, and Food Waste collection services for up to four (4) City-sponsored special events per year at no additional charge. Container capacity shall be coordinated with event staff to ensure that sufficient container capacity and collection frequency is provided by the Contractor. A list of potential City-Approved Community events and estimated participation is in Attachment I and subject to annual adjustment as detailed in the Operations Plan, Attachment K. 2.2.13 Education Events The Contractor shall educate Customers about program guidelines and demonstrate the collection process and requirements by providing approximately twenty (20) free events by September 30, 2011, throughout the City that could Include, but not I be limited to, City neighborhoods, events at ShoWare Center, City's Fall and Spring Special Recycling events, City Hall, Parks & Recreation Department large events, at other community events or in retail areas around the City or at events or high pedestrian traffic areas throughout the City. The Contractor shall utilize collection vehicles for the demonstrations, which will highlight proper set out procedures including cart placement. Other program information such as enhanced Food Waste collection and increased recycling opportunities will be distributed to promote all program features. Contractor shall include workshop details in the monthly reports pursuant to Section 2.3 4.1(12). Events shall begin during the implementation phase and shall be detailed in the Implementation Plan, Attachment J. At least 10 additional events shall be held each year, subject to annual adjustment as detailed in the Operations Plan, Attachment K. 2.2.14 Semi-Annual Clean-up Weeks and Special Events An annual Fall and Spring Clean-up program will be provided to Single-family Residential Customers, twice each year. On a day agreed upon by the City and the Contractor, the Contractor shall collect additional wastes from all Single-family Residential Customers within the City Service Area. Each Single-family Residential Customer shall be allowed to place additional Garbage and Yard & Food Waste at the curb for special collection at no extra charge. Single-family Residential Customers may place up to ten (10) units (one (1) unit is equivalent to a 32-gallon can, a box, or bag) each of Garbage and Yard Waste at the curb on the designated day, none of which exceeds sixty (60) pounds in weight, or three and one-half (3-1/2) feet in any dimension, and shall exclude tires and large scrap metal items such as bicycles and White Goods, Hazardous Materials, or Special Wastes. City of Kent and Allied Waste Final Contract 35 of 69 8-6-10 l Each January, the Contractor shall pick up Christmas trees from Single-family Residential and Multifamily Complex Customers within the City's Service Area. Said services shall be provided at no additional cost to the City or the Customers. 2.2.15 Other Solid Waste Collection Services The Contractor may occasionally provide other services related to solid waste collection in the City not specifically provided for under this Contract. If the intended services are not covered by this Contract, the Contractor shall notify the City and propose a Customer rate for the service. Upon approval of the City, the Contractor may proceed to offer that service. 2.3 Management 2.3.1 Responsibility of Participants 2.3.1.1 Contractor's Responsibilities r Consistent with the responsibilities set forth otherwise in this Contract, the Contractor shall be responsible for the following: • Exercising a reasonable effort to ensure that all service addresses are identified. Examples include, but are not limited to, services provided under the City's mandatory garbage collection and disposal requirements and new service addresses established through development. Exercising reasonable effort to ensure that all accounts are assigned to the correct contract or franchise service area for billing and tax purposes. Reasonable effort is defined as usage of a Geographic Information System (GIS)-based system or equivalent means acceptable to the City to provide reasonable assurance these requirements are met. • Collecting Garbage in the City Service Area and properly delivering the Garbage to the King County Disposal System, unless otherwise directed by the City. • Collecting construction/demolition debris/waste in the City Service Area and properly delivering the waste to fully permitted recycling, disposal, or transfer sites in compliance with King County's Comprehensive Solid Waste Management Plan. • Collecting, processing, and marketing Recyclables and Yard & Food Waste collected by the Contractor in the City Service Area. L • Providing cart and container assembly, maintenance, stickering/labeling and restickering/labeling, and delivery services as listed or required in this Contract. • Performing customer service, including promptly answering telephone calls and e- , mails, providing information on services, establishing Customer accounts, and providing appropriate Customer support. City of Kent and Allied Waste Final Contract 36 of 69 8-6-10 ' • Billing, receiving, posting Customer payments and deposits, and adding educational Information on bills, if requested by the City. ' • Procuring all equipment and bearing all start-up, operating, and maintenance costs for collection and processing or disposal of Garbage, Recyclables, and Yard & Food Waste, including proper safety equipment and insurance for vehicles and workers. . Providing and supervising all labor to accomplish the scope of services required under this Contract, including labor to collect materials, all equipment maintenance, and Customer service functions. t • Operating a maintenance facility to house and service collection equipment and acquiring all necessary land use, building, operating, and business permits and licenses. • Submitting all informational materials for public release to appropriate City staff for review and written approval prior to release. • Complying with all applicable laws and regulations. t • Meeting all non-discrimination and OSHA (Federal Occupational Safety and Health Act of 1970)/WISHA (Washington Industrial Safety and Health Act of 1973) standards, and all environmental standards and regulations. • Providing a safe working environment and comprehensive liability insurance coverage as set forth in Section 6.4, and providing proof of this insurance to the City annually in a form acceptable to the City. • Providing a valid Contractor's performance and payment bond in accordance with Section 6.5, and providing proof of this bond to the City annually, and securing the prior written approval of the City and surety before assigning or pledging money, or assigning, subcontracting, or delegating duties. • Providing route maps to the City indicating the route locations day of week for each service. • Submitting collection day changes to the City for review and approval prior to notice being provided to Customers and before the change taking place. • Submitting prompt notices to the media regarding modifications to the collection schedule due to inclement weather. • Maintaining containers, vehicles, and facilities in a clean, properly labeled, and sanitary condition. • Meeting all City reporting, inspection, and review requirements. City of Kent and Allied Waste Final Contract 37 of 69 8-6-10 • Providing outreach materials and programs, and assistance with distribution and ' outreach as required in this Contract. • Providing operating and safety training for all personnel, Including spill response , training for all drivers. • Notifying the City of Intended changes in management not less than sixty (60) days prior to the date of change. New management shall also attend an Introductory meeting scheduled by the City during the sixty (60) day notification period. Exception shall be made for termination for cause or voluntary termination, in which case the Contractor shall notify the City as soon as possible. 2.3.1.2 City's Responsibilities t Consistent with the responsibilities set forth otherwise in this Contract, the City shall be responsible for the following: • Administering the overall project and issuing final approval of Contractor services and activities. • Reviewing and approving Contractor compensation adjustments due to changes in County disposal fees or price indices. • Directing and overseeing public education and outreach with the cooperation and assistance of the Contractor. • Monitoring and evaluating collection operations with the cooperation and assistance of the Contractor. • Reviewing and approving all assignment, pledging, subcontracting, or delegation of money or duties. • Reviewing and approving collection days and rate changes. • Reviewing and approving holiday schedule changes. • Reviewing and approving all written or other informational materials used by the Contractor. • Conducting performance reviews of the Contractor with the Contractor's cooperation and assistance. • Holding periodic operations meetings with the Contractor, as necessary. City of Kent and Allied Waste Final Contract 38 of 69 8-6-10 ( 2.3.1.3 Operations Plan The Contractor shall prepare, for the City's review and approval and by a mutually agreed date, an Operations Plan, Attachment K, that will detail the Contractor's ongoing operations and services after the Contract Service Date. The Operations Plan may be amended, on an as-needed basis, by mutual agreement of the parties. 2.3.2 Customer Service and Billing ' The Contractor shall be responsible for providing all Customer service functions, including: answering Customer telephone calls and e-mail requests; Informing Customers of current services and charges; handling Customer subscriptions and cancellations; receiving and resolving Customer complaints; dispatching Drop-box Containers and special collections; billing; and maintaining and regularly updating a user-friendly website. These functions shall be provided at the Contractor's sole cost, with those costs Included in the rates listed in Attachment B. 2.3.2.1 Office Location The Contractor shall maintain a principal office in King County within twenty (20) miles of the City limits. The Contractor's office and customer service assistance shall be accessible by a local area code (currently "206", "253", or "425") phone number. The Contractor's office hours shall be open at a minimum from 8 a.m. to 5 p.m. daily, except Saturdays, Sundays, and designated holidays. Representatives li shall be available at the Contractor's local office during office hours for communication with the public and City representatives. Customer calls shall be taken during office hours by a person, not by voice mail. The Contractor shall maintain an emergency telephone number for use by City staff outside normal office hours. The Contractor shall have a representative, or an answering service to immediately contact that representative, available at the emergency telephone number during all hours other than normal office hours. 2.3.2.2 Customer Service Requirements 2.3.2.2.1 Customer Service Representative Staffing During office hours, the Contractor shall maintain sufficient staff to answer and handle complaints and service requests from at least five (5) incoming telephone I calls at one time. If incoming telephone calls necessitate, the Contractor shall increase staffing levels as necessary to meet Customer service demands. The Contractor shall also maintain sufficient staff to answer and handle complaints and service requests made by letter or e-mail. If staffing is deemed to be Insufficient by the City to handle Customer complaints and service requests, the Contractor shall increase staffing levels to meet performance criteria. I� City of Kent and Allied Waste Final Contract 39 of 69 8-6-10 The Contractor shall provide additional staffing during the transition and Implementation period, and especially from six (6) weeks prior to the commencement of new services, through the end of the fourth month after the commencement of new services, to ensure that sufficient staffing is available to minimize Customer waits and inconvenience. The Contractor shall receive no additional compensation for increased staffing levels during the transition and implementation period. Staffing levels during the mobilization, transition, and implementation period shall be subject to prior City review and approval. 2.3.2.2.2 Service Recipient Complaints and Requests The Contractor shall record all complaints and service requests, regardless of how received, including date; time; Customer's name or City representative (if from City staff) and address (if the Customer is willing to give this information); method of transmittal; and nature, date, and manner of resolution of the complaint or service request in a computerized daily log. Any telephone calls received via the Contractor's non-office hours voice mall or answering service shall be recorded in the log the following business day. The Contractor shall make a conscientious effort to resolve all complaints within one (1) business day of the original call, e-mail, letter, or other correspondence, and service requests within the times established throughout this Contract for various service requests. If a longer response time Is necessary for complaints or requests, the reason for the delay shall be noted in the log, along with a description of the Contractor's efforts to resolve the complaint or request. The customer service log shall be available for Inspection by the City, or its designated representatives, during the Contractor's office hours, and shall be In a format approved by the City. The Contractor shall provide a copy of this log in an electronic format to the City with the monthly report. 2.3.2.2.3 Handling of Customer Calls All incoming telephone calls shall be answered promptly and courteously, with an average speed of answer of less than twenty (20) seconds. No telephone calls shall be placed on hold for more than two (2) minutes, and on a monthly basis, no more than ten (10) percent of incoming telephone calls shall be placed on hold for more than twenty (20) seconds. A Customer shall be able to talk directly with a customer service representative when calling the Contractor's customer service telephone number during office hours. An automated voice mail service or phone answering system may be used when the office is closed. 2.3.2.2.4 Corrective Measures Upon the receipt of Customer complaints in regards to busy signals or excessive delays in answering the telephone, the City may request and the Contractor shall submit a plan to the City for correcting the problem. Once the City has approved the plan, the Contractor shall have thirty (30) days to implement the corrective ' measures, except during the transition and implementation period, during which City of Kent and Allied Waste Final Contract 40 of 69 8-6-10 r time the Contractor shall have one (1) week to implement corrective measures. Corrective measures shall be Implemented without additional compensation to the Contractor. Failure to provide corrective measures shall be subject to liquidated ' damages or, in the alternative, termination. 2.3.2.2.5 Internet Website tThe Contractor shall provide a Customer-friendly Internet website accessible twenty-four (24) hours a day, seven (7) days a week, containing Information specific to the City's collection programs, including at a minimum, contact Information, collection schedules, material preparation requirements, available services and options, rates, Inclement weather service changes and other relevant service Information for Its Customers. The website shall include an e-mail function for Customer communication with the Contractor, and the ability for Customers to submit service requests on-line. E-mailed Customer service requests shall be answered within twenty-four (24) hours of receipt. The website shall offer Customers the option to pay their service bills on-line through a secured bill payment system. The website shall provide live chat on-line with 30-second response time for all Customers to enhance customer service, and shall be provided Monday through Friday, 8:00 a.m. to 6:00 p.m. The website design shall be submitted for City approval a minimum of three (3) months prior to the commencement of new services as outlined within this Contract, and continue to be subject to the City's approval throughout the term of this Contract. The Contractor shall update the website monthly, and more often if necessary, and provide links to the City's website The website shall Include contact information translated Into a minimum of four (4) languages other than English, including Spanish, Korean, Vietnamese, and Russian. The Contractor's website shall not include "pop-up" windows, "cookies," adware, or spyware. 2.3.2.2.6 Full Knowledge of Programs Required The Contractor's customer service representatives shall be fully knowledgeable of all collection services available to City Customers, including the various services available to Single-family Residence, Multifamily Complex, and Commercial Customers. For new Customers, customer service representatives shall explain all Garbage, Recycling, Yard & Food Waste collection options available depending on the sector the Customer is calling from. For existing Customers, the representatives I shall explain new services and options, and resolve recycling issues, collection concerns, missed pickups, container deliveries, and other Customer concerns. Customer service representatives shall be trained to inform Customers of Garbage, Recycling, Yard & Food Waste preparation specifications. City policy questions shall be immediately forwarded to the City for response. The Contractor's customer service representatives shall have instantaneous electronic access to customer ' service data and history to assist them in providing quality customer services. City of Kent and Allied Waste Final Contract 41 of 69 8-6-10 2.3.3 Customer Billing Responsibilities The Contractor shall be responsible for all billing functions related to the collection services provided under this Contract. All Single-family Residential Customers shall be billed quarterly, and Multifamily Complex and Commercial Customers shall be billed monthly. Customers may be billed prior to receiving service, but the due date (or past due date) shall be no sooner than the last day of service provided under that billing cycle. Billing and accounting costs associated with Customer invoicing shall be borne by the Contractor, and are included in the service fees in Attachment , B. The Contractor may bill Customers City-approved late payment and NSF check charges, as well as the costs of bad debt collection. Single-family Residential Customers may temporarily suspend service due to vacations or other reasons as approved by the Contractor and City, for as often as four (4) times per year, and be billed pro-rata for actual services received. All Single-family Residence Recyclables and Yard & Food Waste collection costs and revenues shall be included in the Garbage collection rate and shall not be charged or itemized separately. All Multifamily Complex Recyclables collection costs and revenues shall be included in the Garbage collection rate and shall not be charged or itemized separately. Commercial Customer and Multifamily Complex Yard & Food Waste services shall be itemized and charged separately. The Contractor shall be responsible for the following: . Generating combined Garbage, Recyclables, and Yard & Food Waste collection bills. Bills must include service address, billing address, a statement indicating the Customer's current service level for Garbage, Recycling, and Yard & Food Waste, current charges and payments, and appropriate taxes and fees as well as the Contractor's customer service contact information. Space shall be made available on bills for including City contact information at the City's request. The Contractor shall submit the billing format and design to the City for prior review and approval. e Accepting, processing, and posting payment data each business day. e Maintaining a system to monitor Customer subscription levels, record excess Garbage and Yard & Food Waste collected, place an additional charge on the Customer's bill for the excess collection, and charge for additional services requested and delivered. This system shall maintain a Customer's historical account data for a period of not less than two (2) years. • Accepting and responding to Customer requests for service level changes, missed or inadequate collection services, and additional services. City of Kent and Allied Waste Final Contract 42 of 69 8-6-10 • Collecting unpaid charges from Customers for collection services. . Implementing rate changes as specified in Sections 3.1 and 3.3. • Including lines for customer service messages on Customer bills. Contractor will provide a discount to Customers that choose to use a paperless Invoicing and bill paying process. The Contractor will notify the Customer of Its Invoice and accept payment either through a credit card payment feature of the Contractor's website or through the Customer's online banking services. The Customer discount shall be $0.20 per month. The Contractor shall be required to have procedures in place to backup and minimize the potential for the loss or damage of the account servicing (customer service, service levels and billing history) database. The Contractor shall ensure that a daily backup of the account servicing database is made and stored off-site. The Contractor shall also provide the City with a copy of the customer service database via e-mail or other electronic storage device on a quarterly basis. The City shall have unlimited rights to use the customer service database to monitor Contractor performance, develop targeted educational and outreach programs, analyze service level shifts or rate impacts, and/or to provide information to successor contractors. Upon seven (7) days prior written notice, the Contractor shall provide the City with I a paper and/or electronic copy (at the City's discretion) of the requested Customer information and history, including but not limited to Customer names, service, and mailing addresses, contact information, service levels, and current account status. 2.3.4 Reporting The Contractor shall provide monthly and annual reports to the City. In addition, the Contractor shall allow City staff access to pertinent operations information such as Customer charges and payments, disposal facility certified weight slips, and vehicle maintenance logs. 2.3.4.1 Monthly Reports 1 On a monthly basis, by the ,15th day of each month, the Contractor shall provide a report containing information for the previous month. Reports shall be submitted in electronic format provided by the City and shall be certified to be accurate by the IContractor. At a minimum, reports shall include: 1. A log of complaints and resolutions for all collection services and sectors. At a minimum, the complaint log shall include Customer name, business name, or City staff name, service address, contact telephone number, date of complaint, a description of the complaint, how the complaint was received (phone, ' e-mail written correspondence, other), a description of how the complaint was resolved, the date of resolution, and any additional driver's notes or comments. City of Kent and Allied Waste Final Contract 43 of 69 8-6-10 2. A tabulation of the number of Single-family Residential, Commercial and Multifamily Complex accounts. 3. A compilation of program participation statistics including, at a t minimum, a summary of Multifamily Complex and commercial participation in recycling programs, number of Commercial cart Customers participating in 96- gallon cart recycling program, set-out statistics for Single-family Residential Garbage, Yard & Food Waste and Recyclables collection services, and log of bulky items. 4. A tabulation of subscription Customer counts by service level and collection frequency for Single-family Residential, Multifamily Complex, and Commercial sectors. 5. A compilation of total monthly and year-to-date summaries of Garbage, Recyclables, and Yard & Food Waste quantities by collection sector. 6. A summary of Recyclables quantities by collection sector and by commodity, including processing residues disposed and market prices. 7. A summary of disposal or tipping facility locations and associated quantities for Garbage, Recyclables, and Yard & Food Waste as well as any changes in processing procedures, locations, or tipping fees. 8. A description of any vehicle accidents or infractions imposed against on-duty employee drivers. 9. A description of any changes to collection routes, containers, vehicles, customer service, or other related activities affecting the provision of services. 10. Missed Pickup Log. 11. Summary of date, time, vehicle number, total weight, and weight exceeding weight limits for any overweight vehicle. 12. Summary of Educational Workshops for Single-family Residential, Multifamily Complex, and Commercial Customer sectors, including workshop I outline, date, location, number of participants, and type and number of materials distributed. 13. Summary of educational efforts for Single-family Residential, Multifamily Complex, and Commercial sectors. If collection vehicles are used to service more than one (1) Customer sector or jurisdiction, the Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting of collection quantities. The apportioning City of Kent and Allied Waste , Final Contract 44 of 69 8-6-10 t methodology shall be subject to prior review and approval by the City and shall be periodically verified through field testing by the Contractor. 2.3.4.2 Annual Reports On an annual basis, by the last working day of January, the Contractor shall provide ' a report containing the following information: 1. A consolidated summary and tabulation of the monthly reports, tdescribed above. 2. A discussion of highlights and other noteworthy experiences, along with measures taken to resolve problems, increase efficiency, and increase participation in Yard & Food Waste and Recyclables collection programs for all sectors. t3. A discussion of promotion and education efforts and accomplishments for all sectors. 4. An inventory of current collection vehicles and other major equipment. t 5. A list of Multifamily Complex and Commercial recycling sites pursuant to Section 2.3.5. 2.3.4.3 Ad Hoc Reports + The City may request from the Contractor up to six (6) ad-hoc reports each year, at no additional cost to the City. These reports may include customer service database tabulations to identify specific service level or participation patterns or other similar information. Reports shall be provided in the City-defined format and in compatible software. These reports shall not require the Contractor to expend more than one hundred (100) staff hours per year to complete. If requested by the City, the Contractor shall provide daily route information for all service sectors and collection streams for the purpose of evaluating potential collection system changes during the term of the Contract. Information received by the City and in the Contractor's possession shall be subject to existing laws and ' regulations regarding disclosure, including the Public Records Act, Chapter 42.56 RCW. 2.3.5 Promotion and Education The Contractor shall have primary responsibility for developing, designing, disseminating, and executing general waste reduction/recycling public education and outreach programs. Any and all materials distributed shall be reviewed and approved by the City prior to distribution. The Contractor shall have primary ' responsibility for providing service-oriented information and outreach to Customers and implementing on-going recycling promotion, at the direction of the City. City of Kent and Allied Waste Final Contract 45 of 69 8-6-10 Working collaboratively with the City, the Contractor will develop and Implement a r public education plan to Include the strategy and development of materials to support the roll-out of the new collection and recycling services program, with a special emphasis on new recycling programs and sustainability initiatives. Over the course of the Contract on at least a quarterly basis, the Contractor shall meet regularly with City staff to review and discuss progress on the plan to determine effectiveness of the outreach strategy and educational materials. The Contractor shall maintain a complete list of all Multifamily Complex and Commercial Customer sites within the City Service Area, and the status of each site's participation in Contractor-provided services. The Contractor shall annually contact, by telephone or site visit, the manager or owner of each site to encourage participation and to Inform the manager or owner of all available services and ways to decrease Garbage generation. Printed informational materials discussing waste prevention and recycling service options shall be prepared and distributed to support contact with Multifamily Complex and Commercial Customer sites. This contact shall be coordinated with City and King County promotional efforts. The Contractor shall include with its annual report the list of Multifamily Complex and ' Commercial Customer sites, recycling status, container sizes and types, contact dates, outcome, and suggestions for increasing participation or other program improvements. The Contractor shall keep the public informed of programs and encourage participation through an annual service update. Each fall, the Contractor shall ' provide an annual service update for each service sector, the format, content and timeframe of which shall be subject to prior review and approval by the City. The annual service update shall be mailed to all Customers and, at a minimum, shall include an informational brochure indicating rates, all services available, materials preparation and other service requirements, contact information, inclement weather, and other policies and other useful Customer information. The Contractor shall develop, print, periodically update, and maintain sufficient quantities of new Customer information materials, the format and content of which shall be subject to prior review and written approval by the City, prior to distribution. Upon approval, materials shall be mailed to every new Customer prior to the Customer's first billing and shall, at a minimum, include a statement of applicable rules and service policies, rates, services, and preparation requirements, collection days, Contractor customer service information, and City contact information. Materials shall be available in accessible and alternative language formats upon request. , The Contractor shall permit the City to insert, at no charge, single-sheet information bulletins into Customer bills. When the insert is beyond one (1) page and increases Contractor cost, the City shall pay the incremental difference. The City shall work cooperatively with the Contractor for timely inclusion of such materials. ' City of Kent and Allied Waste Final Contract 46 of 69 8-6-10 i 2.3.6 Field Monitoring The City may periodically monitor collection system parameters such as participation, container condition, container weights, waste composition, and Customer satisfaction. The Contractor shall assist the City by coordinating the Contractor's operations with the City's field monitoring to minimize inconvenience to Customers, the City, and the Contractor. 2.3.7 Transition to Next Contractor (if applicable) iThe Contractor shall be expected to work with the City and the successive contractor in good faith to ensure a minimum of Customer disruption during the transition period. Container removal and replacement shall be coordinated between the Contractor and a successive Contractor to occur simultaneously in order to minimize Customer inconvenience. The Contractor shall provide a detailed Customer list, including Customer name, service address, mailing address, and collection and container rental service levels to the successive Contractor within seven (7) days request of the City. The parties recognize that a failure to comply with this provision will damage the City, but that determination of such damage will be difficult and burdensome; therefore, the parties agree that in the event of a breach of this provision the Contractor shall pay the City one hundred thousand dollars ($100,000.00). 3. Compensation 3.1 Compensation to the Contractor 3.1.1 Rates ' The Contractor shall be responsible for billing and collecting funds from Single- family Residence, Multifamily Complex, and Commercial Customers in accordance with the charges for services listed in Attachment B. The Contractor may reduce or waive at its option, but shall not exceed, the rates listed in Attachment B. These payments shall comprise the entire compensation due to the Contractor. In no event shall the City be responsible for money that the Contractor, for whatever reason, is unable to collect. The City provides a reduced garbage rate for seniors and/or disabled Customers (Lifeline Utility Rates) meeting age and/or disability and income level requirements pursuant to KCC 7.01.080. For Single-family Residential Customers meeting the criteria, the rate for each level of service shall be fifty (50) percent of the Single- family Residential rate. City staff will distribute and approve the "Application and Affidavit For Reduction In Utility Rates" (Lifeline Rate Form) and notify the Contractor when Customers provide documentation of meeting requirements. The Lifeline rates shall apply to the Customer immediately upon receipt of notice from the City. ' City of Kent and Allied Waste Final Contract 47 of 69 8-6-10 3.1.2 Itemization on Invoices City, King County, and Washington State solid waste, utility, and/or sales taxes shall be Itemized separately on Customer Invoices and added to the rates listed in Attachment B. The Contractor shall not charge separately for the collection of Recyclables. The City administrative fee shall not be Itemized separately on Customer invoices. 3.1.3 Discontinuing Service for Nonpayment The Contractor may use any legal means, including appropriate lien rights, to enforce Customer payment obligations and may suspend service to non-paying Customers provided that such Customers are provided prior written notice that service will be suspended for non-payment as specified in Section 3.1.4, Bad Debts. Customers who have had service suspended will be charged a suspension fee as listed in Attachment B. Customers wanting service who have previously had their service terminated or suspended and carts removed shall be subject to restart/cart redelivery fees as listed in Attachment B. 3.1.4 Bad Debts All past due amounts that accrue from the services provided by the Contractor under this Contract will be pursued for collection by the Contractor for a ninety (90) day period as follows: 1. If no payment has been received at thirty (30) days from the date of the original invoice, send a letter with dunning message and charges to be applied to the Customer's account; 2. If no payment has been received at forty-five (45) days from the date of the original invoice, send a collection letter; 3. If no payment has been received at fifty-five (55) days from the date of the original invoice, send intent to suspend letter and call the Customer; 4. If no payment has been received at sixty (60) days from the date of the original invoice, call the Customer and notify the Customer that service is being suspended, place the account on suspension, charge the Customer a suspension fee as listed in Attachment B, and notify the City; 5. If no payment has been received at seventy-five (75) days from the date of the original invoice, close the account, schedule container removal, and send final collection letter; 6. If no payment has been received at ninety (90) days from the date of the original invoice, the account will be written off and the balance, including accrued interest, will be forwarded by the Contractor for collection. The Contractor City of Kent and Allied Waste , Final Contract 48 of 69 8-6-10 will notify the City in writing of the closed account and forward Customer account history Information to the City to assist the City if it elects to pursue code enforcement action. 3.2 Compensation to the City ' The Contractor shall pay to the City a monthly administrative fee by the 15th of each month during the term of this Contract, starting in April, 2011. The administrative fee shall be based on the 2009 fee of forty-five thousand dollars ($45,000.00) per month. The administrative fee shall be adjusted in accordance with Section 3.3. A specific example of the administrative fee adjustment formula is provided in Attachment C. If Contractor fails to pay administrative fee by the due date, a penalty of ten (10) percent will be imposed. If the due date falls on a weekend or holiday, the due Idate is the next business day. Delinquent fees, including any penalties, are subject to an interest charge of one (1) percent per month, (twelve (12) percent per annum) on any unpaid balance from the date the fee becomes due until all past fees and penalties are paid in full. The City may, pursuant to Chapter 19.16 RCW, use a collection agency to collect outstanding debts, or may seek collection by court proceedings, which remedies shall be in addition to all other remedies. In accordance with KCC 3.18.050, these penalties, interest charges, and other remedies also apply to City utility taxes established in Section 6.14 of the Contract. ' In addition, the Contractor shall be responsible for payment of all applicable permits, licenses, fees, and taxes as described in Section 6.14, Permits, Licenses, and Taxes. 3.3 Compensation Adjustments 3.3.1 Annual Rate Adjustment The Contractor's collection service charges, excluding waste disposal fees, for each level of service shall increase or decrease every year by an inflation adjustment factor based on three (3) indices, or successor indices, computed by the United States Department of Labor, Bureau of Labor Statistics. The three (3) indices and their weights are: 1. The annual consumer price index for Urban Wage Earners and Clerical Workers, (CPI-W) Seattle-Tacoma-Bremerton Statistical Area, Series ID No. CWURA423SAO, or successor indices, which will have a weight of forty-two (42) percent. ' City of Kent and Allied Waste Final Contract 49 of 69 8-6-10 2. The Energy Information Agency annual average West Coast Retail Price Series for On-Highway Diesel Fuel (DFI), Index No. PADD5, which will have a weight of eight (8) percent. 3. The Employment Compensation Cost Index for Private Industry j (ECCI), in current dollars, not seasonally adjusted, December 2005=100, for service providing industries, Series ID No. CIU201SO000000001 (B,H,), which will have a weight of fifty (50) percent. The base reference values for these three (3) indices will be: the published value for December 2008 for the ECCI, and the 2008 12-month averages for the CPI-W and DFI. All annual rate adjustments during the Contract period will be calculated based on the weighted average change of three index values for the most recent ' year's December/Annual Average relative to the corresponding base reference values. The rates for the Contract year beginning April 1, 2011 will be the 2009-year rates listed in Attachment B, adjusted by three (3) percent as the estimated composite adjustment for index values for December/Annual Average 2010. The Inflation Adjustment Factor, for the Contract year beginning in April 1, 2012, will be calculated by taking the weighted average, based on the weights above, of the percentage difference between the Indices' values for December/Annual Average 2011, and the corresponding values for December/Annual Average 2008. The weighted average percentage change of all three (3) indices will then be added , to one (1.0). The corresponding index adjustment for 2010 over 2008 will be calculated based on actual 2010 index values when they are available, and any difference between that calculated value and the estimated three (3) percent assumed for rates in the Contract year beginning April 1, 2011 (above) will be added to (if positive) or subtracted from (if negative) the 2012 adjustment factor. This will be a one-time true-up adjustment. All subsequent years' adjustments will be calculated relative to the index base reference values for December/Annual Average 2008. The non-disposal component of all rates in Attachment B shall be multiplied by this ' calculated adjustment factor. Specific examples of annual rate adjustments are provided in Attachment C. Adjustments to the Contractor's collection service charge shall be made in units of one cent ($0.01), with all adjusted rates rounded to the nearest cent. Fractions less than one cent ($0.01) shall not be considered when making adjustments. Rates shall be adjusted annually, beginning April 1, 2012. The Contractor shall submit to the City for review and approval a Rate Adjustment Statement by February 141h of each year, calculating the new rates for the next Contract year. Unless the City disapproves of the rate adjustment within fourteen (14) days of the City's receipt of the Contractor's rate adjustment, the new rates shall take effect on City of Kent and Allied Waste Final Contract 50 of 69 8-6-10 r April 1 of each year. Customers shall be notified of the annual rate adjustment effective April 1, by March 1, thirty (30) days prior to the new rate. Should ratepayers not receive notification by March 1 due to missed deadlines, rate calculation errors by the Contractor, or rate disapproval by the City, implementation of the new rates may be delayed by one (1) month intervals until resolved without opportunity for recovery of lost revenue. Contractor will post details of the new rate on its web site no later than April 1 of each year. 3.3.2 Periodic Adjustments iPeriodic adjustments shall be made to Contractor collection rates to reflect increases or decreases in King County disposal fees for solid waste. In the event of a change in disposal fees, the disposal fee component of rates charged to Customers shall be adjusted based on container content weights specified by the Contractor in its proposal and included in Attachment B of this Contract. Specific examples of rate modifications due to disposal fee changes are provided in Attachment C. 3.3.3 Changes in Disposal or Yard & Food Waste Processing Sites The Contractor assumes all risk for the processing and marketing of Recyclables and Yard & Food Waste. However, if the Contractor is required by the City to use processing sites or markets other than those being used at the initiation of this i Contract, the Contractor may submit a detailed proposal for a rate adjustment to reflect any additional costs or savings to the Contractor. The City and Contractor agree to negotiate in good faith any rate changes to offset these costs or savings. The Contractor may seek rate increases to offset Yard & Food Waste tipping fees that exceed the Contractor's disposal costs at the implementation of the Contract or as adjusted by the escalation in Section 3.3. Such request must be received and approved by the City ninety (90) days prior to potential increases in rates. The City will not unreasonably withhold the escalation of rates to cover the increase costs in Yard & Food Waste tipping fees. 3.3.4 Other Modifications The Contractor shall not adjust or modify rates due to employee wage increases, the value of Recyclables, Garbage collection service level shifts, or other changes affecting the collection system. At the time of the City's decision to extend this Contract through invoking contract extension options, the Contractor can present a request for relief for any adverse market changes that have occurred during the previous period of the Contract. The City is under no obligation to give consideration for those adverse changes as a condition for invoking the contract ' extension option. 1 City of Kent and Allied Waste Final Contract 51 of 69 8-6-10 r r 3.4 Changes in Law Changes in federal, state or local laws or regulations or a continuing force majeure ' event that results in a detrimental change in circumstances or a material hardship for the Contractor in performing this Contract may be the subject of a request by the Contractor for a rate adjustment, subject to review and approval by the City, at the City's reasonable discretion. If the City requires review of the Contractor's financial or other proprietary information in conducting its rate review, at the request of the Contractor, the City shall retain a third-party to review such information at the Contractor's expense, and may take any other steps it deems appropriate to protect the confidential nature of the Contractor's documents and preserve the Contractor's ongoing ability to remain competitive. 4. Failure to Perform, Remedies, Termination The City expects high levels of Customer service and collection service. Performance failures shall be discouraged, to the extent possible, through automatic liquidated damages for certain infractions and through Contract default or termination for more serious lapses in service provision. Section 4.1 details infractions subject to automatic liquidated damages and Section 4.2 details default provisions and procedures. 4.1 Liquidated Damages The Contractor may be subject to liquidated damages for the following acts or omissions if documented in either a City or Contractor incident report. The City reserves the right to make periodic, unscheduled inspection visits or use other means to determine the Contractor's compliance with the Contract. All Liquidated Damages established in Section 4.1 of the Contract are due and payable to the City within thirty (30) calendar days from the date shown on the invoice as the 'invoice date". If the Contractor fails or neglects to pay liquidated damages within this thirty (30) day period, a penalty of ten (10) percent of the amount of those liquidated damages will be imposed. Delinquent liquidated damages, including any penalties, are also subject to an interest charge of one (1) percent per month (twelve (12) percent per annum) on any unpaid balance from the date the liquidated damages become due until all past due taxes and penalties are paid in full. The City may, pursuant to Chapter 19.16 RCW, use a collection agency to collect outstanding debts, or it may seek collection by court proceedings, which remedies shall be in addition to all other remedies. In accordance with KCC 3.18.050 these penalties, interest charges, and other remedies also apply to City utility taxes established in Section 6.14 of the Contract. r 1 City of Kent and Allied Waste Final Contract 52 of 69 8-6-10 r rLiquidated damages are as follows: Action or Omission Amount Collection before or after the hours/days Two hundred fifty dollars ($250) ' as specified in Section 2.1.3, or per truck route (each truck on collection other than regular scheduled each route is a separate incident). collection day, except as expressly permitted. Repetition of complaints on a route after Twenty-five dollars ($25) per notification, Including, but not limited to, incident, not to exceed thirty (30) failure to replace containers in complaints per truck per day. designated locations, spilling, not closing gates, replacing lids, crossing planted areas, or similar violations. Failure to collect spilled materials. Twice the cost of cleanup to the City or King County, plus two hundred fifty dollars ($250) per incident. ' Leakage from Contractor vehicles or Two hundred fifty dollars ($250) vehicle contents. per vehicle, per inspection, plus clean up costs. Collection vehicle exceeding existing One thousand dollars ($1,000) per street weight limits. incident. Failure to collect missed materials within One hundred dollars ($100) per one (1) business day after notification. incident to a maximum of five hundred dollars ($500) per truck per day on Single-family Residence routes and no maximum for Multifamily Complex and Commercial Customer routes. Three (3) missed collections of the same One hundred and fifty dollars service address within a six (6) month ($150) each occurrence. The ' period. Customer shall be credited for each missed collection during the six (6) month period. Collection as Garbage of Source- One hundred dollars ($100) per separated Recyclables or Yard & Food incident, up to a maximum of one ' Waste in clearly identified containers, thousand dollars ($1,000) per bags or boxes. truck, per day. Collection of Garbage containing visible Twenty-five dollars ($25) per quantities of Yard & Food Waste. incident. City of Kent and Allied Waste Final Contract 53 of 69 8-6-10 Action or Omission Amount r Rejection of Garbage, Recyclables, or Twenty-five dollars ($25) per ' Yard & Food Waste without providing Incident. documentation to the Customer of the reason for rejection. , Failure to deliver Detachable Containers Fifty dollars ($50) per container to new Commercial Garbage Customers per day. within three (3) days. Failure to deliver, pick up, or replace Fifty dollars ($50) per container carts, Detachable Containers, or Drop- per day. box Containers within three (3) days of request to Multifamily Complex or Commercial Customers requesting service after April 1, 2011. Failure to deliver, pick up, or replace Fifty dollars ($50) per container Garbage, Recycling or Yard & Food per day. ' Waste Carts within seven (7) days of request to Single-family Residence Customers requesting service after April 1, 2011. Failure to collect, increase, or decrease One hundred dollars ($100) per the regular collection frequency of container per day. designated City street cans, and City facilities cans, carts, containers, drop boxes within (1) one business day after notification. Material misrepresentation by Five thousand dollars ($5,000) Contractors in records or reporting. per incident. Failure to make required reports on Two hundred and fifty dollars time. ($250) per incident. Failure to comply with reporting Two hundred and fifty dollars requirements in Section 2.3.4 ($250) per Incident. Failure to replace reported leaking One hundred dollars ($100) per containers within 24 hours of notice. container/incident, up to maximum of one thousand dollars ($1,000) per inspection. Landfilling or incineration of One thousand dollars ($1,000) per , uncontaminated loads of Recyclables or vehicle, per incident. Yard & Food Waste without the express , written permission of the City. City of Kent and Allied Waste Final Contract 54 of 69 8-6-10 Action or Omission Amount Disposal of Recyclables or Yard & Food One thousand dollars ($1,000) per Waste residuals in an amount greater month. than five (5) percent. Failure to meet customer service ring, Two hundred fifty dollars ($250) on-hold time performance requirements. per incident. ' Garbage, Recycling, or Yard & Food One hundred dollars ($100) per Waste complaints made to the City that unresolved complaint. were unresolved by Contractor within one (1) business day after notification. Effective as of October 1, 2011. Failure to deliver Garbage, Recycling or One thousand dollars ($1,000) per Yard & Food Waste Carts to all existing day. Single-family Residences on or before April 1, 2011. Failure to deliver Garbage carts, One thousand dollars ($1,000) per Detachable Containers, or Drop-boxes to day. all existing Multifamily Complex and Commercial Customers on or before April 1, 2011. Failure to include instructional and Fifty dollars ($50) per incident. promotional materials when Garbage, Recycling, and/or Yard & Food Waste Carts are delivered. ' The parties acknowledge the difficulty in anticipating actual damages to remedy the damage. The parties further agree that the liquidated damages listed in this Section represent a reasonable estimate of the loss likely to result from the remedy for the damage. Additionally, the parties agree that these damages reflect the parties' best efforts to reflect the actual damages that will be incurred by these breaches, and they are not intended as a penalty. ' Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered violations or breaches of the Contract and the City reserves the right to exercise any and all remedies it may have with respect to these and other violations and breaches. The liquidated damages schedule set forth here shall not affect the City's ability to terminate this Contract as described in Section 4.2. Liquidated damages, if assessed during a given month, shall be invoiced by the City ' to the Contractor. Liquidated damages may be levied only if documented in an incident report. City of Kent and Allied Waste Final Contract 55 of 69 8-6-10 Any liquidated damages imposed under this Section may be appealed by the ' Contractor to the City, in writing, within thirty (30) days of the date of the invoice. The Contractor shall be allowed to present evidence as to why the amount of ' liquidated damages should be lessened or eliminated. The decision of the City shall be final. 4.2 Contract Default , The Contractor shall be in default of this Contract if it violates any provision of this ' Contract. In addition, the City reserves the right to declare the Contractor to be in default in the event of any violation, which shall include, but not be limited to, the following: , 1. The Contractor fails to commence the collection of Garbage, Recyclables, or Yard & Food Waste, or fails to provide any portion of service under the Contract on April 1, 2011, or for a period of more than five (5) consecutive days at any time during the term of this Contract. 2. The Contractor fails to obtain and maintain any permit required by the t City, King County, or any federal, state, or other regulatory body in order to collect materials under this Contract. 3. The Contractor's noncompliance creates a hazard to public health or safety. 4. The Contractor repeatedly or persistently acts or fails to act in a manner that is subject to liquidated damages in excess of twenty-five thousand dollars ($25,000.00) during any consecutive twelve (12) month period. 5. The Contractor fails to maintain, in good standing, surety and insurance required by this Contract. , The City reserves the right to pursue any remedy available under law for any , default by the Contractor. In the event of default, the City shall give the Contractor and Contractor's surety ten (10) days prior written notice of its intent to exercise its rights, stating the reasons for such action. However, if an emergency shall arise that does not allow ten (10) days prior written notice, the City shall immediately , notify the Contractor and Contractor's surety of its intent to exercise its rights immediately. If the Contractor or Contractor's surety cures the stated reason within the ten (10) day notice period, or initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City may opt to not exercise its rights for the particular incident. If the Contractor or Contractor's surety fails to cure the stated reason within the stated period, or does not undertake efforts satisfactory to the City to remedy the stated reason, then the City may, at its sole option, terminate this Contract. City of Kent and Allied Waste , Final Contract 56 of 69 8-6-10 r ' If the Contractor abandons or violates any portion of this Contract, fails to fully and promptly comply with all Its obligations, or falls to give reasons satisfactory to the City for noncompliance, and falls to correct the same, the City, after the Initial ten ' (10) day notice, may declare the Contractor to be in default of this Contract and notify the Contractor of the termination of this Contract. A copy of said notice shall be sent to the Contractor and to the surety on its performance bond. ' If the Contractor or its surety wishes to contest the City's declaration of default, the contestant must provide written notice of its intent to contest the declaration of default within ten (10) calendar days of receiving the declaration of default. Failure to provide such written notice shall constitute a waiver of any defense to the declaration of default During the period pending consideration of the notice by Contractor and Contractor's surety, the City may proceed to take over some or all of Contractor's work. The cost of all labor, equipment, and materials necessary for such services provided by the City shall be paid by the Contractor in full. In the event that the surety fails to exercise its option to perform the Contract work within ten (10) calendar days after notice of termination, the City may complete the services provided under this Contract or any part thereof, either through its own work force or by contract, and to procure other vehicles, equipment, and facilities necessary for the completion of the same, and to charge the same to the Contractor and/or surety, together with all reasonable costs incidental thereto. The City shall be entitled to recover from the Contractor and its surety as damages all expenses incurred, including reasonable attorney's fees, together with all such additional sums as may be necessary to complete the services provided under this Contract, together with any further damages sustained or to be sustained by the ' city. If City employees provide Garbage, Yard & Food Waste, and/or Recyclables ' collection, the actual incremental costs of City labor, overhead, and administration shall serve as the basis for a charge to the Contractor. 4.3 Availability of Collection Vehicles All vehicles, facilities, equipment, and property used by the Contractor shall be listed in an inventory supplied to the City and updated annually ("Contractor's ' Inventory"). Unless an approved replacement or substitute is provided, all vehicles, facilities, equipment, and property identified in the Contractor's Inventory for use in the performance of this Contract shall be available for the City's use in the case of default and/or termination for the purpose of performing any Contract work for the duration of the remaining Contract period, including renewal periods. Rent for the City's use of Contractor's Inventory shall be based upon the historical cost of the inventory less any accumulated depreciation and may be offset against amounts owing to the City. This obligation of the Contractor shall survive the termination of the Contract. 1 ' City of Kent and Allied Waste Final Contract 57 of 69 8-6-10 S. Notices ' All notices required or contemplated by this Contract shall be personally served or , mailed (postage prepaid and return receipt requested), addressed to the parties as follows: To City: Copy To: ' Tim LaPorte, P.E. Kelly Peterson ' Public Works Director Environmental Conservation Supervisor City of Kent City of Kent 220 4th Ave. S. 220 4th Ave. S. ' Kent, WA 98032 Kent, WA 98032 Mike Mactutis, P.E. Gina Hungerford Environmental Engineering Manager Conservation Coordinator City of Kent City of Kent 220 4th Ave. S. 220 4th Ave. S. , Kent, WA 98032 Kent, WA 98032 To Contractor: Chris Guimond ' General Manager Allied Waste Services 22010 76th Ave. S. Kent, WA 98032 Jody Reid Division Controller Allied Waste Services , 22010 76th Ave. S. Kent, WA 98032 6. General Terms , 6.1 Collection Right , Subject to preemptive federal or state law, and the Solid Waste Disposal Agreement between King County and the City of Kent, dated December 31, 1986, the Contractor shall be the exclusive provider with which the City shall allow the collection of Garbage, Yard & Food Waste, Recyclables, and construction/demolition debris/waste materials placed in Contractor-owned containers and set out in the regular collection locations within the City Service Area. The City shall use its best efforts to protect this right of the Contractor; however, the City shall not be obligated to Join or instigate litigation to protect the right of the Contractor. City of Kent and Allied Waste ' Final Contract 58 of 69 8-6-10 This Contract provision will not apply to: Occasional Garbage, Recyclables, or Yard & Food Waste self-hauled by the generator; Source-Separated recyclables hauled by common or private carriers (including drop-off recycling sites); Commercial Food Waste hauled by a certified food waste hauling company; construction/demolition debris/waste transported by self-haulers or construction contractors provided that transportation is performed by such entity as an Incidental adjunct to another business enterprise operated by it in good faith; or Yard Waste generated and hauled by private landscaping services. The City reserves its right to amend its KCC during the Contract period to increase or decrease the number and types of exemptions to the City's mandatory solid waste subscription requirements. Further, the obligation to enforce this ' requirement and the degree of enforcement is a matter entirely within the City's discretion. The City does not promise, warrant, or guarantee that each Customer, even though mandated to subscribe for service, will in fact subscribe and cooperate ' with this mandate. This Contract does not necessarily include service to the King County Housing Authority (KCHA), pursuant to RCW 35 82. However, the Housing Authority may elect, at any time during the term of the Contract, to receive collection services from the City under this Contract and the Contractor agrees that upon request by the City or KCHA, those collection services shall be governed by this Contract as long as such request remains in effect. As concerns the City, the Contractor shall have responsibility for Garbage, f Recyclables, construction/demolition debris/waste, and Yard & Food Waste once these materials are placed in Contractor-owned containers and the Contractor shall have no responsibility for these materials prior to the time they are placed in Contractor-owned containers. The Contractor shall retain revenues gained from the sale of Recyclables, construction/demolition debris/waste, or Yard & Food Waste. Any tipping or acceptance fee charged for Recyclables, construction/demolition debris/waste, or Yard & Food Waste shall be the financial responsibility of the Contractor. 6.2 Access to Records The Contractor shall maintain in its local office full and complete operations, Customer, financial, and service records that, at any reasonable time, shall be open for review, inspection, copying, or audit for any reasonable purpose by the City. In addition, the Contractor shall, during the Contract term, and at least six (6) years thereafter, maintain in an office in King County reporting records and billing records pertaining to the Contract that are prepared in accordance with Generally Accepted Accounting Principles, reflecting the Contractor's services provided under this ' Contract. Those Contractor's accounts shall include but shall not be limited to all records, invoices, and payments under the Contract, as adjusted for additional and deleted services provided under this Contract. The City shall be allowed access to these records for audit and review purposes. ' City of Kent and Allied Waste Final Contract 59 of 69 8-6-10 In accordance with KCC 3.18.040, the Contractor shall keep records reflecting the amount of total gross Income on Its business within the City, and such records shall be retained for at least six (6) years and shall be open at all reasonable times to audit by the finance director, or his or her duly authorized representative, for ' verification of said tax returns and supporting records or for the filing of a tax of the Contractor who falls to make such a return. The Contractor shall make available copies of certified weight slips for Garbage, , Recyclables, and Yard & Food Waste on request as soon as possible, but in any event within ten (10) business days of the request. The Contractor shall retain ' solid waste dump fee tickets for a period of three (3) years. The Contractor shall allow the City to interview any person and to review any ' evidence in the Contractor's possession or control that may assist the City in determining whether and by what amount: (1) the Contractor is entitled to reimbursement or increased rates under the Contract; (2) the City is entitled to a reduction in rates under the Contract; or (3) the Contractor is in compliance with the Contract. 6.3 Contractor to Make Examinations , The Contractor has made its own examination, investigation, and research , regarding proper methods of providing the services required under this Contract, and all conditions affecting the services to be provided under this Contract, and the labor, equipment, and materials needed, and the quantity of the work to be performed. The Contractor agrees that it has satisfied itself based on its own investigation and research regarding all of these Contract conditions, that its conclusion to enter into this Contract is based upon that investigation and research, ' and that it shall make no claim against the City because any of the estimates, statements, or interpretations made by any officer or agent of the City may be erroneous. , With the exception of Force Majeure events or as otherwise provided in this Contract, the Contractor assumes the risk of all conditions, foreseen, and , unforeseen, and agrees to continue to provide services under this Contract without additional compensation under whatever circumstances may develop other than as provided herein. 6.4 Insurance The Contractor shall procure and maintain, for the duration of the Contract, insurance of the types and amounts shown in Attachment F, against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the services provided under this Contract by the Contractor, its ' agents, representatives, employees, or subcontractors. The cost of insurance shall be paid by the Contractor. City of Kent and Allied Waste , Final Contract 60 of 69 8-6-10 6.5 Performance Bond The Contractor shall provide and maintain at all times throughout this Contract, a valid Contractor's Performance and Payment Bond or bonds, letter of credit, or other similar Instrument acceptable to and approved in writing by the City in the ' amount of one million dollars ($1,000,000.00). The bond, letter of credit, or other similar instrument shall be Issued for a period of not less than one (1) year, and the Contractor shall provide a new bond, letter of credit or similar Instrument, and evidence satisfactory to the City of its renewability, no less than sixty (60) calendar days prior to the expiration of the bond, letter of credit, or other similar instrument then in effect. The City shall have the right to call the bond, letter of credit, or other similar instrument in full in the event its renewal is not confirmed prior to five (5) calendar days before Its expiration. Failure to maintain this bond or other security shall constitute a breach under this Contract subject to immediate termination by the City. 6.6 Indemnification 6.6.1 Indemnify and Hold Harmless ' The Contractor, for itself, its employees, agents, subcontractors, and any other third-party or entity under its control, 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 wrongful acts or negligent j performance of the Contract. 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. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to ' have been a wrongful refusal on the Contractor's part, the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of the ' Contract. ' City of Kent and Allied Waste Final Contract 61 of 69 8-6-10 6.6.2 Notice to Contractor; Defense In the event an action is brought against the City for which indemnity may be sought against the Contractor, the City shall promptly notify the Contractor in writing. The Contractor shall assume the investigation and defense, Including the employment of counsel and the payment of all expenses. The Contractor shall, at its own cost and expense, provide qualified attorneys acceptable to the City to defend the City, its officers, employees, agents, and servants against any claim in any way connected with the events described in Section 6.6.1. The City shall fully cooperate with the Contractor in its defense of the City, including consenting to all reasonable affirmative defenses and counterclaims asserted on behalf of the City. The City may employ separate counsel and participate in the investigation and , defense, but the City shall pay the fees and costs of that counsel unless the Contractor has agreed otherwise. 6.6.3 Industrial Insurance Immunity Waiver i With respect to the obligations to hold harmless, indemnify, and defend provided for herein, as they relate to claims against the City, its elected officials, officers, employees, volunteers, agents, and representatives, the Contractor agrees to waive the Contractor's immunity under industrial insurance, Title 51 RCW, for any injury, ' sickness, or death suffered by the Contractor's employees that is caused by or arises out of the Contractor's negligent exercise of rights or privileges granted by the Contract. This waiver is mutually agreed to by the parties. The foregoing waiver shall not in any way preclude the indemnifying party from raising such immunity as a defense against any claim brought against the indemnifying party by any of its employees. 6.7 Payment of Claims ' The Contractor agrees and covenants to pay promptly as they become due all just , claims for labor, supplies and materials purchased for or furnished to the Contractor in the execution of this Contract. The Contractor shall also provide for the prompt ' and efficient handling of all complaints and claims arising out of the operations of the Contractor under this Contract. 6.8 Confidentiality of Information , Under Washington State law, the documents (including but not limited to written, printed, graphic, electronic, photographic, or voice mail materials and/or ' transcriptions, recordings, or reproductions thereof) prepared in performance of this Contract (the "documents") are public records subject to mandatory disclosure upon request by any person, unless the documents are exempted from public , disclosure by a specific provision of law. If the City receives a request for inspection or copying of Contractor's records, it shall promptly notify the Contractor at the notice address set forth in Section 5. City of Kent and Allied Waste ' Final Contract 62 of 69 8-6-10 Before disclosing any records, the City will give the Contractor at least five (5) calendar days notice so that Contractor can review the records scheduled for disclosure and seek an injunction or other appropriate relief to prevent disclosure of all or part of the records, which action shall be at Contractor's sole cost and expense. The City assumes no contractual obligation to enforce any exemption and Contractor waives any claim that the City owes Contractor any duty in the regard. 6.9 Assignment of Contract 6.9.1 Assignment or Pledge of Money by the Contractor The Contractor shall not assign or pledge any of the money due under this Contract without securing the prior written approval of the surety on the performance bond and providing at least thirty (30) calendar days' prior written notice to the City of such assignment or pledge together with a copy of the surety's approval. This assignment or pledge, however, shall not release the Contractor or Its sureties from any obligations or liabilities arising under or because of this Contract. 6.9.2 Assignment, Subcontracting, Delegation of Duties and Change in Control The Contractor shall not assign or subcontract any of the work or delegate any of ' its duties under this Contract without the prior written approval of the City. If Contractor asks to assign this Contract to an entity that is controlled by, controls, or is under common control with the Contractor, the City will, in good faith, expeditiously process the request and will not unreasonably deny the request. 1 When requested, approval by the City of a subcontract or assignment shall not be unreasonably withheld. In the event of an assignment, subcontracting, or ' delegation of duties, the Contractor shall remain responsible for the full and faithful performance of this Contract and the assignee, subcontractor, or other obligor shall also become responsible to the City for the satisfactory performance of the work ' assumed. The City may condition approval upon the delivery by the assignee, subcontractor, or other obligor of a separate bond or other security acceptable to the City and of its covenant to the City to fully and faithfully complete the work or responsibility undertaken. In addition, the assignee, subcontractor, or obligor shall sign a separate statement ' agreeing to abide by all terms and conditions of this Contract. The City may terminate this Contract if the assignee, subcontractor, or obligor does not comply with this clause. Further, the assignee, subcontractor, or obligor shall be subject to ' a one (1) year evaluation period during which the City may terminate this Contract or the assignee, subcontractor, or obligor on the basis of any material breach of the terms binding the Contractor. ' For the purposes of this Contract, any change in control of the Contractor shall be considered an assignment subject to the requirements of this section. Nothing ' herein shall preclude the City from executing a novation, allowing the new City of Kent and Allied Waste Final Contract 63 of 69 8-6-10 r ownership to assume the rights and duties of the Contract, and releasing the previous ownership of all obligations and liability. 6.10 Dispute Resolution and Governing Law ' This Contract 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 the Contract, 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 the Contract, each party shall pay all its legal costs and attorney's ' fees incurred in the 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 6.6 of this Contract. 6.11 Compliance with Law ' The Contractor, its officers, employees, agents, and subcontractors shall comply with all applicable federal, state, county, regional, or local laws, statutes, rules, regulations, or ordinances, including those of agencies having jurisdiction over the subject matter of this Contract, in performing its obligations under the Contract. Compliance shall include abiding by all applicable federal, state, and local policies to , ensure equal employment opportunity and non-discrimination. The Contractor shall comply with all applicable laws pertaining to employment practices, employee treatment, public contracts, and public utilities authorized under Title 35A, Revised , Code of Washington and its related statutes. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the ' Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time-to-time must be complied with, including ergonomic and repetitive motion requirements. The Contractor must ' indemnify and hold harmless the City from all damages assessed for the Contractor's failure to comply with the Acts and Standards issued therein. The Contractor is also responsible for meeting all pertinent local, state, and federal health and environmental regulations and standards applying to the operation of the collection and processing systems used in the performance of this Contract. The Contractor is specifically directed to observe all weight-related laws and ' regulations in the performance of these services, including axle bridging and loading requirements. In accordance with the City of Kent Identity Theft Prevention Program, established , through Resolution No. 1806 ("Program"), the Contractor (see Attachment G): City of Kent and Allied Waste Final Contract 64 of 69 8-6-10 • Acknowledges receipt and review of the Program and agrees to perform Its activities with respect to City-covered accounts in compliance with the terms and conditions of the Program and with all Instructions and directives Issued ' by the Program Administrator relative to the Program. • Agrees to report promptly to the Program Administrator in writing if the ' Contractor in connection with a City-covered account detects an Incident of actual or attempted Identity Theft or is unable to resolve one (1) or more Red Flags that the service provider detects in connection with a covered ' account. 6.12 Non-Discrimination The Contractor will not discriminate against any employee or applicant for employment because of age, race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion, race, color, sex, national origin, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to the following: employment upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, any required notices setting forth the provisions of this nondiscrimination clause. ' The Contractor understands and agrees that if it violates this non-discrimination provision, this Contract may be terminated by the City and further that the ' Contractor shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactorily to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. 6.13 Equivalent Industry Wages For work performed under this Contract, Contractor will pay its collection drivers wages and benefits generally equivalent to wages for these workers in King County. The Contractor shall be deemed in compliance with this Section if: a) it has a Union contract covering wages and benefits for Kent collection drivers, or b) it pays total ' compensation to its Kent collection drivers generally equivalent to the average total compensation received by collection drivers in King County. ' 6.14 Permits, Licenses and Taxes The Contractor and subcontractors shall secure a City business license and pay all ' fees and taxes levied by the City as established in the KCC. The Contractor shall ' City of Kent and Allied Waste Final Contract 65 of 69 8-6-10 have or obtain all permits and licenses necessary to provide the Contract services ' at Its sole expense. The Contractor shall be solely responsible for all taxes, fees, and charges incurred, Including, but not limited to, license fees and all federal, state, regional, county and local taxes and fees, such as Income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, ' Income, equipment, materials, supplies, or activities related to the Contractor's activities under the Contract, business and occupation taxes, workers' compensation and unemployment benefits. 6.15 Relationship of Parties The parties intend that an Independent Contractor-Employer Relationship will be ' created by this Contract. By their execution of this Contract, and in accordance with Ch. 51.08 RCW, the parties make the following representations: ' 1. 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 Contract. 2. The Contractor maintains and pays for its own place of business from , which Contractor's services under this Contract will be performed. 3. The Contractor has an established and independent business that is ' eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Contract. 1 4. The Contractor is responsible for filing as they become due all ' necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. 5. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. 6. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. ' 6.16 Bankruptcy It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or , involuntarily, then this Contract, at the option of the City, may be terminated effective on the day and at the time the bankruptcy petition is filed. ' City of Kent and Allied Waste Final Contract 66 of 69 8-6-10 6.17 Right to Renegotiate/Amendment The City shall retain the right to renegotiate this Contract or negotiate Contract ' amendments based on City policy changes, state statutory changes, or rule changes in King County, Washington State, or federal regulations regarding Issues that materially modify the terms and conditions of the Contract. The City may also renegotiate this Contract should any Washington State, King County, or City rate or fee associated with the Contract be held illegal or any increase thereof be rejected by voters. In addition, the Contractor agrees to renegotiate in good faith with the City in the event the City wishes to change disposal locations or change services provided under the Contract and to provide full disclosure of existing and proposed costs and operational impacts of any proposed changes. iThis Contract may be amended, altered or modified only in writing, executed by authorized representatives of the City and the Contractor. 1 6.18 Force Majeure Provided that the requirements of this Section are met, Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Contract if Contractor's performance is prevented or delayed by acts of terrorism, acts of God including landslides, lightning, forest fires, storms, floods, earthquakes, civil disturbances, wars, blockades, public riots, explosions, disposal restrictions, governmental restraint, or other causes, if not already addressed in this Contract (e.g. snowstorm or inclement weather event), that are not reasonably within the control of the Contractor ("Force Majeure"). If a result of a Force Majeure event, and if Contractor is unable wholly or partially to meet its obligations under this Contract, it shall promptly give the City written notice of the Force Ma]eure event, describing it in reasonable detail. The Contractor's obligations under this Contract shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure event and only for the period during ' which the Force Majeure event exists. In the event of a strike or labor dispute involving Contractor's employees, the City and Contractor shall meet to determine the appropriate manner of continuing public service under the Contract. While not relieving the Contractor of obligations under the Contract, the City shall cooperate with Contractor in providing for the continuation of services in the interest of public health and safety. 6.19 Illegal Provisions At the discretion of the City, if any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions shall not be affected, but shall iremain in full force and effect. ' City of Kent and Allied Waste Final Contract 67 of 69 5-6-10 6.20 Waiver No waiver of any right or obligation of either party shall be effective unless in writing, specifying waiver, and executed by the party against whom the waiver is sought to be enforced. A waiver by either party of any of Its rights under this Contract on any occasion shall not be a bar to the exercise of the same right on any other occasion or of any other right at any time. 6.21 Entirety This Contract and Attachments A-L, which are Incorporated by this reference, represent the entire agreement of the City and the Contractor with respect to the services to be provided under this Contract. To the extent any conflicting terms or conditions exist among this Contract and Its attachments, the terms and conditions of this Contract shall control. No prior written or oral statement or proposal shall alter any term or provision of this Contract. EFFECTIVE DATE: This Contract agreement will become effective on the last date entered below. CITY OF KENT CONTRACTOR By By Mayor Its Date: Date: Attested: By City Clerk Approved as to Form: By City Attorney p\Civil\Flies\Open Flles\1368-Garbage®Recycling RFp\AlliedCon[raa-FinalVersion docx t City of Kent and Allied Waste , Final Contract 68 of 69 8-6-10 Attachments: A: Service Area Map B: Contractor Rates C: Rate Modification Examples D: City Facilities & Parks List E: City Street Container List F: Insurance Requirements G: Resolution 1806 - City of Kent Identity Theft Prevention Program H: Contractor Collection Vehicle Specifications I: City Approved Community Events List J: Implementation Plan K: Operations Plan L: Future Annexation Areas I lit � i City of Kent and Allied Waste Final Contract 69 of 69 8-6-10 j --THIS PAGE INTENTIONALLY LEFT BLANK-- i i i i i 1 i i i i i 1 Attachment A Service Area Map �I i 3W, ` �-•h ��•� i {�_�iy"L @'^'^A ��i .... -€ � ( _" 3�� � t__�I� � , 24 AV 8 �' _ a, tl r—i•,•r_,_s , cU7cN { C''i._...r i �1K •�N« t"i *¢` - ..- ,;'-7� 1�'x .-7.-.«.�__-.•__i _ � z k 99 .36 AV t\"�.}-Pg"s mn� --� _27„, �, Lam, ;g 64 AY$�r3.i«-i� Wost Vsjlley,Nwy,w, ,.�,�. I •' «= . , In OAVS E I to to ro J k,m-y...•,y--5'-I- 4th AV -- I; t 76,�QY vPi ,.,,�., . Ganlf al AV;i m -cen alp---- ,'^ i I x s t ;#=t .- ( d lop 1I« 'c'✓4 ; ' •_ 1 ;�� e .v j `� € t �« I`'" r; - • alhal Rd S t ..L w-+�„'' ,a.•... i t,✓F.£s'.."' F r��*,,. y '- _ - ._ S `"�, _�—, i�f�,>��,•4'i`�' ti — i � &a pt �.�._.. .�,:.,'{;"-� +•jJ, ." {` « .« '*.%i.1,104 Av SE �i�_E �,..,: ,� ��,d,(I��.�, `— (" E _- m AV :�Ojtt AV 1 �:.:Ja t t r _ _r �) J' . j• I 3 n {� II it� 1 - • � " _ a,. °11@_A¢v3Ei �� r j j! Fr hL q4 1 "Fn"'7�.:.. �� i•fi'�l ��t TI f ` u` �I`�� * ° '^l _ "'t3 3 �J { a. L i *p"i:_ ro a" ,J Uj.. i•._ l.t-} �t � � �, s�}_,�-'�` � �� �_ t- � �',-,.,t"•' �-:�Sar-s- �F"' ," ' �l �m rF_ n• �r"'�t'm��`+'Av 5 _,� ,:17 a 4'„y tl1,nl ;Av .s` -1 Ilk cz) 1 {l a144AYs,� J ' _ PII _i �99 I'I o # t 'd l 'QlAv S� ° I' W 2 a v In { > .1"4r m Tv (D �. A � CID a -R ' tzf ,fir e > 'M i '"^' wry{' �,.�*�j7�+ r�p� '7` i Attachment B i Contractor Rates i 1 i 1 L i � l 1 i � i 1 1 1 � l Attachment B , Attachment B Disposal Index- KC Fee, Base $95.00 KC Fee,2011 $95 00 Collection Index: Dec/Annl Average 2008 100.00 Dec/Annl Average 2010 10300 Contract 2011 Service Service Level Fee Weekly One 13- allon Micro-Cart $ 4.61 Residential One 20 allon Mini-Cart $ 9.22 Curbside 1 32-gallon Garbage Cart $ 15,38 Service 1 45-gallon Garbage Cart $ 22.31 (includes 1 64- allon Garbage Cart $ 33.86 embedded 1 96- allon Garbage Cart $ 50,78 EoW recycling Additional 32 Gallon Carts(weeks svc) $ 18.48 &embedded Additional 45 Gallon Carts(weeks svc) $ 26.80 EoW YWFW) Additional 64 Gallon Carts(week( svc) $ 33.85 Additional 96 Gallon Carts(weeks svc) $ 5078 Extras(32 gallon equivalent) $ 6.05 YWFW Fees: EoW Yard-Food Waste service(includes 13- allon cart) $ EoW Yard-Food Waste service(includes 32-gallon cart) $ EoW Yard-Food Waste service(includes 64 allon cart) $ EaW Yard-Food Waste service includes 96- allon cart) $ Extra Yardwaste(per 32 gallon) $ 3.14 Miscellaneous Fees: Return Trip $ 7.21 Carryout Char e,per 25 it,per month $ 2.29 Drive-in Charge, per month $ 5.15 Overwei ht(Oversize container(per /u) $ 3.09 Suspension of service,container retrieval $ 15,45 Redefivery of containers $ 15.45 Extra Recycling Container, per month $ 2.75 ni Cart Clean (per cart per event) $ 8.24 `-=ori:to((i YtUR)i#0' oods,exce tr9f►f erators Bulky Refrigerators, Freezers and Consoler TVs „ $ 77.26 $ 51.50 Waste Sofas, Chairs Collection Mattresses �, , 51.5p sly/1.o Attachment 8 Contract 2011 Service Weekly Cart Garbage Collection: Fee Multifamily 1 32-gallon Garbage Cart $ 11.73 Cart 1 45- allon Garbage Cart $ 17.02 (includes 1 64-gallon Garbage Cart $ 25.83 embedded 1-96 gallon Garbage Cart $ 38.74 recycling) Additional 32 Gallon Carts week) svc) $ 11.73 Additional 45 Gallon Carts(weekly svc) $ 20.45 Additional 64 Gallon Carts(week) svc) $ 25.83 Additional 96 Gallon Carts(weekly Svc) 38.62 Extras(32 2allon equivalent) $ 4,62 Miscellaneous Fees: Weekly Yard-Food Waste(includes 32- aUon cart $ 21.87 Weekly Yard-Food Waste(includes 64-gallon cart) $ 21.87 I, Weekly Yard-Food Waste(includes 96- allon cart) $ 21.87 Return Trip $ 7.21 Carry-out Charge, per 25 ft,per month $ 2.29 Drive-in Charge,per month $ 5.15 Overwei hlJOversize container(per p/u) $ 3.09 Suspension of service, container retrieval $ 15.45 Redelive of containers $ 15.45 Extra Recycling Container, per month $ 2,75 Cart Cleaning per cart per event $ 8.24 Multifamily 1 Cubic yard, 1 pickup/week $ 56.71 Detachable 1 Cubic yard,2 pickups/week $ 111 43 Container 1 Cubic yard, 3 picku shveek $ 167.14 (loose) 1 Cubic yard, 4 picku stweek $ 222.86 1 Cubic yard,5 pickups/week $ 278.57 1 5 Cubic Yard 1 pickup/week $ 76.73 1 5 Cubic Yard, 2 pickups/week $ 153.44 1,5 Cubic Yard,3pickups/week $ 230,17 1 5 Cubic Yard,4 pickups/week $ 306.89 1 5 Cubic Yard,5 pickups/week $ 383.61 2 Cubic Yard, 1 picku /week $ 97.73 2 Cubic Yard,2 pickups/week $ 195.46 2 Cubic Yard,3 pickupslweek $ 293.19 2 Cubic Yard,4 pickups/week $ 390.92 2 Cubic Yard, 5 pickups/week $ 488,64 3 Cubic Yard, 1 pickup/week $ 139.74 3 Cubic Yard, 2 pickups/week $ 279.49 1 3 Cubic Yard, 3 pickups,week $ 419.22 3 Cubic Yard,4 ickups/week $ 568.97 3 Cubic Yard,5 pickupslweek $ 698.71 4 Cubic Yard, 1 pickup,'week $ 181.76 4 Cubic Yard,2 pickupslweek $ 363.61 4 Cubic Yard 3 pickups/week $ 545.27 4 Cubic Yard,4 pickups/week $ 72702 I8/5/10 Attachment 8 4 Cubic Yardd,5 pickups/week $ 90878 6 Cubic Yard,1 pickup/week $ 265.78 6 Cubic Yard, 2 pickups/week $ 531.56 6 Cubic Yard, 3pickups/week $ 797.35 , 6 Cubic Yard,4 picku slweek $ 1,063.13 6 Cubic Yard, 5 pickups/week $ 1,328,91 8 Cubic Yard, 1pickup/week $ 349.80 8 Cubic Yard,2 pickupslweek $ 699.62 8 Cubic Yard, 3 pickupslweek $ 1,049.42 8 Cubic Yard,4 icku s/week $1,399.23 8 Cubic Yard,5 pickups/week $ 1,749.03 , Extra loose cubic yard, per pickup $ 12.56 l Contract 2011 Service Weekly Cart Garbage Collection, Fee Commercial $ 11.73 Cart 1 45-gallon Garbage Cart $ 17.02 1 64- ailon Garbage Cart $ 25.83 1 96- allon Garbage Cart $ 38.74 Additional 32 Gallon Carts(weeks svc) $ 11.73 Additional 45 Gallon Carts(weekly svc) $ 20.46 Additional 64 Galion Carts(weekly svc) $ 2583 Additional 96 Gallon Carts(week) svc) $ 38.74 Extras(32 gallon equivalent) Miscellaneous Fees: i Weekly Yard-Food Waste(includes 32-gallon cart) $ 21.87 Weeks Yard-Food Waste includes 64- alion cart $ 21.87 Weeks Yard-Food Waste(includes 96- alion cart $ 21.87 Return Trip $ 7.21 Car -out Charge,per 25 ft,per month $ 2.29 Drive-in Charge,per month $ 6.16 Overweight/Oversize container(per o/u) $ 3.09 Suspension of service, container retrieval $ 15,45 Redelivery of containers $ 15.46 , Extra Recyclm2 Container, per month $ 2.75 Cart Cleaning per cart per event) $ 8.24 Weekly 1 Cubic Yard Container $ 210.56 Commercial 1 5 Cubic Yard Container $ 258.45 Detachable 2 Cubic Yard Container $ 336.67 Container 3 Cubic Yard Container $ 426.28 (compacted) 4 Cubic Yard Container $ 505.95 6 Cubic Yard Container $ 656.19 Commercial 1 Cubic yard, 1 pickup/week $ 55.71 Detachable 1 Cubic yard,2pickups/week $ 111.43 Container 1 Cubic yard,3 pickups/week $ 167.14 8/5/10 IAttachment 8 (loose) 1 Cubic yard, 4 pickups/week $ 222.86 1 Cubic hard, 5 pickups/week $ 278,57 1 5 Cubic Yard, 1 pickup/week $ 76.73 1 5 Cubic Yard,2 pickups/week $ 153.44 1 5 Cubic Yard,3 pickups/week $ 230.17 1 5 Cubic Yard,4 pickups/week $ 306.89 1 5 Cubic Yard, 5 pickups/week $ 383 61 2 Cubic Yard, 1 pickup/week $ 97.73 2 CUDic Yard, 2 picku stweek $ 195 46 2 Cubic Yard, 3 pickups/week $ 293.19 2 Cubic Yard, A pickups/week $ 39092 2 Cubic Yard, 5 pickups/week $ 488.64 3 Cubic Yard, 1 pickup/week $ 13974 3 Cubic Yard, 2pickups/week $ 279,49 3 Cubic Yard, 3 pickups/week $ 419.22 3 Cubic Yard, 4pickups/week $ 56897 3 Cubic Yard,5 pickups/week $ 698.71 4 Cubic Yard, i picku wweek $ 181 76 4 Cubic Yard, 2 pickups/week $ 363,51 4 Cubic Yard, 3 pickupsiweek $ 54527 4 Cubic Yard,4 pickups/week $ 72702 4 Cubic Yard, 5 pickups/week $ 908.78 6 Cubic Yard, 1 pickup/week $ 26578 6 Cubic Yard, 2 pickups/week $ 531.66 6 Cubic Yard, 3 pickups/week $ 797.35 6 Cubic Yard,4 pickups/week $ 1,063 13 6 Cubic Yard, 5 picku stweek $ 1,328.91 8 Cubic Yard, 1 pickupiweek $ 34980 8 Cubic Yard, 2 picku s/week $ 699.62 8 Cubic Yard, 3 pickups/week $ 1,049.42 8 Cubic Yard, 4 pickups/week $ 1139923 8 Cubic Yard, 5 pickups/week $ 1,749.03 Extra loose cubic yard, per pickup $ 12.56 Miscellaneous Fees (per occurrence): Return Trip $ 11.33 Rol'-out Container over 15 feet(per p/u) $ 309 Unlock Container(per plu) $ 1 55 Gate opening (per plu) $ 1.66 2011 2011 2011 2011 Daily Monthly Delivery haul Service Level(based on pick ups) Rent Rent Charge Charge Commercial Non-compacted 15 cubic yard Drop-box $ 1.51 $ 45 32 $ 8755 $ 136.17 Drop-box Non-compacted 20 cubic yard Drop-box $ 1.78 $ 5356 $ 87.55 $ 136.17 Collection Non-compacted 25 cubic yard Drop-box $ 2,13 $ 6386 $ 8755 $ 13617 Non-compacted 30 cubic yard Drop-box $ 2.40 $ 72.10 $ $7 55 $ 13617 Non-compacted 40 cubic yard Drop-box $ 2.91 $ 87.55 $ 87.55 $ 13617 Compacted 15 cubic yard Drop-box $ 87.55 $ 163.95 Compacted 20 cubic yard Drop-box $ 87.55 $ 16395 Compacted 25 cubic ard Dro -box $ 87,55 $ 163.96 $/5/10 Attachment 8 Compacted 30 cubic and Drop-box I 5 $ 163 95 p y P $ 87.6 Compacted 40 cubic yard Drop-box EEHI $ 87,55 $ 163.95 2011 Service Service Level Fee Temporary 2 Yard detachable container $ 23.16 Collection 4 Yard detachable container $ 46.32 Hauling 6 Yard detachable container $ 67.66 8 Yard detachable container $ 89.00 Non-compacted 10 cubic yard Drop-box $ 156.59 Non-compacted 20 cubic yard Drop-box $ 156.69 Non-compacted 30 cubic yard Drop-box $ 156.59 Non-compacted 40 cubic yard Drop-box $ 1%59 2011 2011 2011 Delivery Rally Monthly Service Level Fee Rental Rental Temporary 2 Yard detachable container $ 100.68 $ 209 $ 63.67 Collection 4 Yard detachable container $ 100.68 $ 2.58 $ 7712 Container 6 Yard detachable container $ 100.63 $ 3,03 $ W97 Rental 8 Yard detachable container $ 100,68 $ 3.29 $ 98.44 and Delivery Non-compacted 10 cubic yard Drop-box $ 100.68 $ 4.45 $ 133.61 Non-compacted 20 cubic yard Drop-box $ 100.68 $ 4.45 $ 13361 Non-compacted 30 cubic yard Drop-box $ 100.68 $ 5,58 $ 167.38 Non-compacted 40 cubic yard Drop-box $ 100.68 $ 589 $ 179.70 Miscellaneous Fees- Per Fvent Return Trip Stand-b Time(per minute) Drop-box turn around charge Contract 2011 Service Labor Setvldi Fee -Hourly Rates Rear/Side-load packer+driver $ 103.00 , Front-load packer+driver $ 103.00 Drop-box Truck+driver $ 10100 Additional Labor(per erson) $ 46.35 Monthly 8peetal Server Payment Can collection of street later and recycling containers ' City Sorvrce (listed in Attachment F)-Flat rate per month $ 1,591.36 Collection at City Facilities and Proportles(listed in Category Attachment D)-Flat Rate per month $ 9,093.69 8/5J10 Attachment B-1 Attachment B-1 Disposal Index: KC Fee, Base $95.00 KC Fee,2011, $95,00 Collection Index: Dec/Anni Average 2008 100.00 Dec/Anni Average 2010 10300 Contract 2011 Service Service Level Fee Weekly One 13= allon Micro-Cart $ 5.37 Residential One 20- allon Minn-Cart $ 1014 Curbside 1 32-gallon Garbage Cart $ 17.91 Service 1 45-gallon Garbage Cart $ 25.98 (Includes 1 64-gallon Garbage Cart $ 39.42 embedded 1 96-g811on Garba e Cart $ 59.13 EoW recycling Additional 32 Galion Carts (weeks svc) $ 21.51 &embedded Additional 45 Gallon Carts (weekly svc) $ 31.21 wkly YWFW) Additional 64 Gallon Carts (weekl svc) $ 39.42 Additional 96 Gallon Carts(weekly svc $ 59.13 Extras (32 gallon equivalent) $ 7.04 YWFW Fees: Yard-Food Waste service(includes 13-gallon cart) $ Yard-Food Waste service(includes 32-gallon cart) $ - Yard-Food Waste service includes 64- allon cart $ Yard-Food Waste service(includes 96-gallon cart) $ Extra Yardwaste (per 32gallon) $ 3.14 Miscellaneous Fees: Return Tr $ 7.21 Carry-out Charge, per 25 ft, 2er month $ 2.29 Drive-in Charge, per month $ 5.15 Overweight/Oversize container(per p/u) $ 3.09 Suspension of service, container retrieval $ 16.45 Redelivery of containers $ 15 45 �I Extra ReSZcling Container, per month $ 2.75 Cart Cleaning (per cart per event) $ 8.24 8/5/10 Attachment B-2 Attachment B-2 Disposal Index: KC Fee, Base* $95,00 KC Fee, 2011: $95.00 Collection Index: Dec/Annl Average 2008 100.00 Dec/Annl Avera e 2010 103.00 Contract 2011 Service Service Level Fee EoW One 13- ailon Micro-Cart $ 4.01 Residential One 20-gallon Mini-Cart $ 8.00 Curbside 1 32-gallon Garbage Cart $ 13,34 ' Service 1 45- alion Garbage Cart $ 19,35 (includes 1 64- allon Garbage Cart $ 29.38 embedded 1 96- allon Garbage Cart $ 44.06 EoW recycling Additional 32 Gallon Carts(weeks svc) $ 16.02 &embedded Additional 45 Gallon Carts weekly svc) $ 23.24 wkiy 13 gal Additional 64 Gallon Carts week{ svc $ 29.38 YWFW) Additional 96 Gallon Carts(weekly svc) $ 44.06 , i Extras (32 gallon equivalent) $ 4.69 YWFW Fees: Yard-Food Waste service(includes 32-gallon cart) Yard-Food Waste service(includes 64- allon cart) Yard-Food Waste service(includes 96-gallon cart $ 11.68 Extra Yardwaste(per 32gallon) $ 0 90 Miscellaneous Fees: , Return Trip $ 7.21 Carry-out Charge, per 25 ft, per month $ 2.29 Drive-in Charge, eer month $ 5.15 Overweight/Oversize container(per p/u) $ 3.09 Suspension of service, container retrieval $ 15.45 Redelivea of containers $ 15,45 Extra Recycling Container, per month $ 2.75 Cart Cleaning(per cart per event) 8/S/1� 1 Attachment C 1 Rates Modification Examples ! ! 1 1 1 1 i 1 1 Attachment C ' Annual Rate Adjustment Examples The disposal and collection components of the Customer charges listed in Attachment B will be adjusted separately, as appropriate. The collection component of Customer charges will be adjusted annually, pursuant to this Section and as described below. The disposal component of the Customer charges listed in Attachment B will be adjusted only if the City receives notification from the County ' of a pending disposal fee adjustment, and will not become effective until the new disposal charges become effective and are actually charged to the Contractor. Formulas for both collection and disposal rate adjustments are provided below: Collection Component Adjustment This adjustment will be used for all non-disposal rates, charges and payments. Example: Adjustment Factor for April 2012 — March 2013 (2012/13) Rates Inflation 2008 2011 % Weighted Adjustment Index Index Difference Weight Average Component Value Value From Base Change CPI-W [1) 205.0 217.0 .0585 42% .02457 Fuel [2] 225.0 270.0 .2000 8% .01600 Labor [3] 110.0 120.0 .0909 50% .04545 Weighted Index (total of weighted average of three components + 1.0) [4] 1.0860 ' Example: 2009-10 32-Gallon Cart Collection (collection component) Fee: $10.94 * 2012-13 Adjustment Weighted Index (calculated as above): 1.0860 2012-13 32-Gallon Cart Collection (collection component) Fee: $11.88 Notes: , [1] Annual consumer price index for Urban Wage Earners and Clerical Workers, Seattle- Tacoma-Bremerton Statistical Area, Series ID No. CWURA423SA0, (weight of 42%) [2] Energy Information Agency average annual West Coast Retail Price Series for On- Highway Diesel Fuel, Index No. PADD5, (weight of 8%) [3] December Employment Compensation Cost Index for Private Industry, Series ID No. CIU201S0000000001 (B,H), (weight of 50%) [4] In this example, there is no adjustment for correction to the estimated 2010 index, as described in Section 3 3 1. If there were, it would be added to/subtracted from 1.0860 Disposal Component Adjustment In the case of a disposal fee modification at County disposal facilities, the disposal component of each service level will be adjusted by multiplying the 2009/10 disposal component by the ratio of the new County disposal fee to the 2009/10 County disposal fee ($95/ton). Composite Monthly Price/Fee Adjustment Based on the separate adjustments for disposal and collection rate components, monthly and per-pickup garbage collection rates will be adjusted as illustrated in the example below: (Note: 2012113 rates shown below are for Illustration only) 1. Column (1) contains the disposal component of each 2009/10 rate, based on the current dump fee of $95/ton. 2. Column (2) contains the collection component of each 2009/10 rate. 3. Column (3y is the total 2009/10 rate - disposal plus collection - for each service level. 4. Column (4) contains the new disposal component of each 2012/13 rate, calculated by multiplying each 2009/10 disposal component by the ratio of the new dump fee of $105/ton divided by the old dump fee of $95/ton 5. Column (5) contains the new collection component of each 2012/13 rate, calculated using the weighted price index adjustment value above. 6. Column (6) contains the new 2012/13 rates, the sum of columns (4) and (5). Residential (1) (2) (3) (4) (5) (6) Rates Solid Waste, 2009/10 2009/10 2009/10 2012/13 2012/13 2012/13 Recycle & Disposal Collection Monthly Disposal Collection Monthly YW Service Component Component Rate Component Component Rate 13 Gal cart 121 3 24 $ 4.45 1 337 3 519 4.86 20 Gal cart $ 2.43 $ 6.46 8 89 $ 2.686 $ 7 016 $ 9.70 32 Gal cart 3 88 $10.94 $14.82 4 288 11 881 16.17 45 Gal cart 5 46 16.04 21.50 6.035 17 419 23.45 64 Gal cart $ 7 77 $24.83 32 60 $ 8.588 26 965 35.55 96 Gal cart 11 65 37.26 48 91 12.876 40 464 $53.34 Note The calculated monthly rates will be rounded to the nearest $0 01. Monthly City Fee and Payment Adjustments The monthly City administrative fee (as well as monthly charges to the City for Litter Can collection and City Facility pickups) will be adjusted similarly to the collection components' price adjustment described above. Examples: 2012/13 monthly City Fee = $45,000.00 x 1.0860 = $48,870.00 2012/13 monthly Litter Can Payment = $1,545 x 1.0860 = $1,677.87 i a> 1 --THIS PAGE INTENTIONALLY LEFT BLANK-- , i i 1 1 t i t i i Attachment D City Facilities & Parks List i t I � i � I I 1 i I t t i 1 Attachment D City Facilities and Parks , Site Add.# Street Gar.Svc. Gar.Frq, Rec Svc. Rec.Frq. Org Svc. Org.Frq. City Hall 220 4th Ave 5 1-2 yd 5/wk 1-4 yd 5/wk 1-96 gal 5/wk Centennial Center 400 West Gowe 1-4 yd 3/wk 1-4 yd 3/wk 1-96 gal .5/wk Police Dept 232 4th Ave.S 1-3 yd 2/wk 2-90 gal .5/wk NA NA Senior Center 600 E Smith St. 1-4 yd 4/wk 1-3 yd 3/wk 1-96 gal .5/wk Kent Commons 525 4th Ave.N 1-6 yd 3/wk 1-96 gal .5/wk 1-96 gal .5/wk Kent Commons 525 4th Ave N 1-4 yd 3/wk 2-3 yd weekly NA NA Hist Museum 855 E.Smith St. 96 gal weekly 1-96 gal weekly NA NA ' Shops 12607 SE 248th St 1-8 yd 2/wk 1-96 gal weekly NA NA Kent Memorial Park 850 Central Ave N 1-3 yd 2/wk NA NA NA NA Wilson Playfield 13208 SE 251st 1-8 yd weekly 1-6 yd weekly NA NA Service Club Ballfield 14608 SE 288th St 1-8yd weekly 1-6 yd weekly NA NA Service Club Ballfield* 14608 SE 288th St. 1-8yd May-Sept NA NA NA NA weekly Fire Dept #74 24611 116th Ave.S 1-3 yd 2/wk 1-4 yd 2/wk 1-96 gal .5/wk GRNRA 22306 Russell Road 96 gal weekly 1-96 gal weekly NA NA Kent Corrections Fac. 1230 Central Ave.S 1-4 yd 3/wk 1-3 yd 2/wk 8-96 gal .5/wk Corrections Annex 8323 S 259th St 2-2 yd weekly 1 3-yd weekly 1-4yd 1/wk Downtown Maint Shop 5821 S 240th 1-6 yd weekly 1-6 yd weekly NA NA Riverbend 18-hole 2019 W Meeker 1-8 yd 2/wk 1-6 Vol 2/wk NA NA Riverbend 9-hole(Par-3) 2030 W.Meeker 1-2 yd 1/wk NA NA NA NA Riverbend Driving Range 2020 W Meeker 1-6 yd 2/wk 1-6 yd weekly NA NA Riverbend Main Shop 24058 Russell Road 1-6 yd weekly NA NA NA NA Kent Eng Traffic Main 1621 Central Ave.S 1-3 yd weekly 1-1 yd weekly NA NA *This is an additional 8 yard garbage weekly service to be provided May through September i Attachment E City Street Container List j k t i 1 1 Attachment E City Street Cans Location Details Downtown core area: (3 x week collection) approximate location 1. W. Titus & 2nd Ave. SW corner 2. W. Titus & 1st Ave. SE corner 3. W. Gowe & 1st Ave. SW corner 4. On 1st Ave. between W. Gowe & W. Meeker mid-block 5. W. Meeker & Railroad Ave. N. SE corner 6. W. Meeker & Railroad Ave. N. NE corner 7. W. Meeker & 1st Ave. NE corner 8. On W. Meeker between 1st Ave. & 2"d Ave. north side, mid-block 9. On W. Meeker between 1st Ave. & 2"d Ave. south side, west of 1st Ave. 10. W. Meeker and 2"d Ave. NW corner 11. On W. Meeker at City Square 317 W. Meeker 12. On W. Meeker at City Square mid-City Square 13. On W. Meeker at City Square north end of City Square 14. On W. Meeker at 406 W. Meeker mid-block 15. On W. Meeker at Meeker St. Law Bldg. mid-block 16. On W. Meeker at Valley Bank Bldg. east side of parking exit 17. On W. Meeker at Valley Bank Bldg. west side of parking exit 18. On 4th Ave. & W. Meeker NE corner 19. On 4th Ave. between W. Meeker & W. Harrison mid-block 20. On W. Harrison between 4th Ave. & 2nd Ave. mid-block by W. bldg entrance 21. On W. Harrison between 4th Ave. & 2nd Ave. mid-block by E. bldg. entrance 22. On 2nd Ave. at end of W. Harrison near Library entrance 23. 2nd Ave. & W. Smith St. SE corner 24. 2"d Ave. & W. Smith St. SW corner 25. W. James St. & 5th Ave. NW corner 26. On 4th Ave. north of W. Harrison Bus stop north of W. Harrison 27. On 4th Ave. between W. Meeker & W. Gowe 124 4th Ave. S. 28. On 4th Ave. between W. Meeker & W. Gowe North of W. Gowe 29. On W. Gowe east of 4th Ave. by parking entrance 30. On W. Gowe between 4th Ave. & 2"d Ave. Bus stop at 325 W. Gowe i . 1 1 t Location Details Outside Downtown core area: Street Cans (1 x week collection) 31. Southbound Central Ave. S. between E. Meeker & E. Gowe Metro bus stop 32. Northbound Central Ave. S. at 856 Central Ave. S. Metro bus stop 33. Eastbound on E. James St. east of Central Ave. S. Metro bus stop I 34. Southbound on 84th Ave. S. at S. 224th St. Metro bus stop 35. Northbound 68t' Ave. S. at S. 228th St. Metro bus stop 36. Northbound 68t' Ave. S. at S. 212th St. Metro bus stop 37. Southbound 68th Ave. S. at S. 212th St. Metro bus stop 38. Northbound 68th Ave. S. at S. 196th St. Metro bus stop 39. Southbound 68th Ave. S. at S. 196th St. Metro bus stop 40. Southbound 104th Ave. SE at SE 228th St. Metro bus stop 41. Northbound 104th Ave. SE at SE 232"d St. Metro bus stop 42. Northbound 104th Ave. SE at SE 236th pl. Metro bus stop 43. Northbound 104th Ave. SE north of SE 240th St. Metro bus stop 44. Northbound 104th Ave. SE at SE 244th St. Metro bus stop 45. Eastbound SE 256th St. east of 104th Ave. SE Metro bus stop 46. Westbound Kent-Kangley Road at 150th pl. Metro bus stop 47. Corner of 36th Ave. S. and 38th Ave. S. Street can (across from National Guard-not a bus stop) I k If t --THIS PAGE INTENTIONALLY LEFT BLANK-- i l t ZAttachment F Insurance Requirements I ' s t Attachment F INSURANCE REQUIREMENTS FOR WASTE HAULING CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. 3, Workers' Compensation_ coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's Pollution Liability insurance coverage ("occurrence" r form) covering any claim for bodily injury, personal injury, property damage, cleanup costs and legal defense expense applying to all work performed under the contract. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $3,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $5,000,000 1 ' general aggregate and a $2,000,000 products-completed operations aggregate limit. 3. Contractor's Pollution Liability insurance shall be written with limits no less than $3,000,000 combined single limit per occurrence for bodily injury, personal injury, property damage, cleanup costs and legal defense expense. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: I 1. The Contractor's insurance coverage shall be primary insurance with respect to the City to the extent of Contractor's negligence. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. r3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor to the extent of Contractor's negligence and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other, any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise to the extent of the insured's negligence. i { C F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. l 1 Attachment G Resolution 1806 City of Kent Identity Theft Prevention Program i 1 t 1 Attachment G RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, approving and adopting an Identity Theft Prevention Program as required by the Fair and Accurate Credit Transactions Act of 2003, and the Federal Trade Commission's Identity Theft Rules. RECITALS A. In 2003, Congress adopted The Fair and Accurate Credit Transactions Act of 2003, Pub. L. No. 108-159, 117 Stat. 1952 (codified in scattered sections of Titles 15 and 20 of the United States Code), which requires certain financial institutions and creditors with certain accounts that extend credit or involve deferred payments to prepare, adopt, and implement an identity theft prevention program. The purpose of this program is to identify, detect, respond to, and mitigate patterns, practices, or specific activities that could indicate identity theft. Congress delegated the administration of the Act to the Federal Trade Commission, which adopted further rules regarding identity theft programs at 16 C.F.R. § 681, et seq. Together, the provisions adopted by Congress and the Federal Trade Commission are referred to as "Red Flag Rules." B. Because the City maintains various continuing accounts where customers defer payment on the services they receive, these accounts appear to be "covered accounts" under the legislation and subject to the --- -- 1 Identity Theft Prevention Program - Red Flag Rules J� Red Flag Rules, In order to comply with the Red Flag Rules, the City must establish an Identity Theft Prevention Program, through its City Council, that is designed to detect, prevent, and mitigate identity theft in connection with the City's covered accounts. This program was originally to be in place by November 2008, however, the Federal Trade Commission ' agreed to suspend enforcement until May 1, 2009, In order to give creditors additional time during which to develop and implement a conforming program. C. In meeting its obligations under the Red Flag Rules, staff prepared an Identity Theft Prevention Program in the form attached and I incorporated as Exhibit "A." After reviewing the program, the Kent City Council determined to adopt the Identity Theft Prevention Program and directs staff to begin its immediate implementation. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 RESOLUTION SECTION Z. - Program Adoption. The Identity Theft Prevention Program, attached and incorporated as Exhibit A, is hereby approved by the Kent City Council and adopted for implementation in the City of Kent for its accounts covered under the Red Flag Program, such as its water, storm/surface water, and sewer utility accounts; local improvement district assessment accounts; and potentially some parks program and other creditor accounts. SECTION 2. - Authorization and Direction. The Kent City Council authorizes and directs staff to implement the Identity Theft Prevention Program in accordance with Its terms. Additionally, staff shall annually report to the City's Finance Director as the Program Administrator on the en r y rierr Preven on Program - Red Flag Rules 1 effectiveness of the program, any significant Incidents involving identity theft, and any recommendations for material program changes. After considering these factors, the Program Administrator will determine whether changes to the Program, including the specific Red Flags identified In the program, are warranted. If warranted, the Program Administrator will update the Program as he or she so determines. SECTION 3, - 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 4, - Ratio a lon. Any act Consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION S, - 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 a l day of April, 2009. CONCURRED in by the Mayor of the City of Kent this I day of f April, 2009. S E COOKE, MAYOR r Zdenlit y-The€t--PreveANo Program - Red flag Rules r . r ATTEST; BRENDA JACOBER, C LERK M T RM:R, CITY ATTORNEY t 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 1 day of April, 2009. r � ram/ BRENDA JACOBER, CLERK I ➢,\ctylJ�pesolutlan\RedFlagRules-ResoludwAdOpUnBPmg2m,doa r r Theft Prevent Program Red Flag Rules r t EXHIBIT A I 1 t E ! t ! 1 t t t i KENT CITY OF KENT IDENTITY THEFT PREVENTION PROGRAM (RED FLAG PROGRAM) Effective Beginning May 1, 2009 I. PROGRAM ADOPTION The City of Kent ("City") developed this Identity Theft Prevention Program I ("Program") pursuant to the Fair and Accurate Credit Transactions Act of 2003 (Pub. L. No. 108-159, 117 Stat. 1952 (codified in scattered sections of Titles 15 and 20 of the United States Code)), and the Federal Trade Commission's Identity Theft Rules (16 C.F.R. § 681, et seq.) (collectively "Red Flag Rules"). This Program was developed by the City of Kent's Finance Director ("Program Administrator") with the oversight and approval of the Mayor and the City Council. After consideration of the size and complexity of the City's operations and account systems, and the nature and scope of the City's activities, the City Council determined that this Program was appropriate for the City of Kent, and therefore approved this Program by the adoption of Resolution No. / F 0 6 on April 21, 2009. II. PROGRAM PURPOSE AND DEFINITIONS A. Fulfilling requirements of the Red Flag Rules Under the Red Flag Rules, every financial institution and creditor is required to establish an "Identity Theft Prevention Program" that is tailored to its size, complexity, and the nature of its operation. The Program must contain reasonable policies and procedures to: 1. Identify relevant Red Flags, as that term is defined in 16 C.F.R. pt. 681, for new and existing covered accounts, and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; I 3. Respond appropriately to any Red Flags that are detected in order to prevent and mitigate identity theft; and 4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the City from Identity Theft. All of the City's individual utility service accounts are covered by the Red Flag Rules, including its water, storm/surface water, and sewer utilities. In addition, other City accounts may constitute "covered accounts" under -1- ' CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM version April 21,2009 the Red Flag Rules, for example, Local Improvement District assessment accounts and any parks program accounts that require or allow scheduled payments. B. Red Flag Rule definitions used in this Program For the purposes of this Program, the following definitions apply and are derived from 16 C.F.R. pt. 681: 1. Account. "Account" means a continuing relationship established by a person with a creditor to obtain a product or service for personal, family, household or business purposes, and includes an extension of credit involving a deferred payment. 2. Covered Account. A "covered account" means: a. Any account the City offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions such as a utility account; and b. Any other account the City offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the City from identity theft, including financial, operational, compliance, reputation, or litigation risks. 3. Creditor. "Creditor," as provided for in Section 702 of the Equal t Credit Opportunity Act, 15 U.S.C. 1691a, means any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit. , 4. Customer. A "customer" means a person or business entity that has a covered account with a creditor. 5. Identifying Information. As defined in 16 C.F.R. § 603.2, "identifying information" means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including: (i) Name, social security number, date of birth, official state or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number; (ii) Unique biometric data, such as fingerprint, voice print, 1 retina or iris image, or other unique physical representation; -2- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM Version. April 21,2009 (iii) Unique electronic identification number, address, or routing code; or (iv) Telecommunication identifying information or access device. 6. Identity Theft. "Identity Theft" means fraud committed using the identifying information of another person. 7. Red Flaa. A "Red Flag" means a pattern, practice, or specific activity that indicates the possible existence of identity theft. is 8. Service Provider. "Service provider" means a person or business entity that provides a service directly to a financial institution or creditor relating to or connection with a covered account. III. IDENTIFICATION OF RED FLAGS In order to identify relevant Red Flags, the City shall review and consider the types of covered accounts that it offers and maintains, the methods it provides to open covered accounts, the methods it provides to access its covered accounts, and its previous experiences with identity theft. The City identifies the following Red Flags and will train appropriate staff to recognize these Red Flags for those accounts subject to the Red Flag Rules as they are Iencountered in the ordinary course of City business : A. Red Flags Related to Alerts Notifications and Warnings from Credit Reporting Agencies 1. Report of fraud accompanying a credit report; 2. Notice or report from a credit agency of a credit freeze on a customer or applicant; 3. Notice or report from a credit agency of an active duty alert for an applicant; 4. Notice or report from a credit agency of an address discrepancy; and 5. Indication from a credit report of activity that is inconsistent with a customer's usual pattern or activity, such as an unusual increase in the volume of credit inquiries, unusual increase in the number of established credit relationships, or a material change in the use of credit. B. Red Flags Related to Suspicious Documents 1. Identification document or card that appears to be forged, altered, or inauthentic; 2. Photograph or physical description on the identification document or card is not consistent with the person presenting ' the document; -3- ' CITY OF RENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM version April 21,2009 3. Other information on the identification document or card is not r consistent with information provided by the person opening a new covered account, by the customer presenting the identification, or with existing customer information on file with the City, such as a recent check; and 4. Application for service that appears to have been altered or forged, or gives the appearance of having been destroyed or reassembled. C. Red Flags Related to Suspicious Personal Identifying Information i 1. Identifying information presented that is inconsistent with other information the customer provides, for instance, inconsistent birth dates; 2. Identifying information presented that is inconsistent with other sources of information, for instance, an address that does not match an address on a driver's license; 3. Identifying information presented is associated with common types of fraudulent activity, such as use of a fictitious billing address or phone number; 4. Identifying information presented that is consistent with known fraudulent activity, such as presentation of an invalid phone number or fictitious billing address used in previous fraudulent activity; 5. Social security number presented that is the same as one given by another customer; 6. An address or phone number presented that is the same as that of another person; 7. A person fails to provide complete personal identifying information on an application when reminded to do so. However, by law social security numbers must not be required; and 8. A person's identifying information which is not consistent with the information that is on file for the customer. D. Red Flags Related to Suspicious Account Activity or Unusual Use of Account 1. Change of address for an account followed by a request to ' change the account holder's name; 2. Payments stop on an otherwise consistently up-to-date account; 3. Account used in a way that is not consistent with prior use, such as very high activity or nonpayment when there is no history of late or missed payments; 4. Mail sent to the account holder is repeatedly returned as undeliverable although transactions continue to be conducted in connection with the customer's covered account; -4- , CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM version April 21, 2009 1 5. Notice to the City that a customer is not receiving mail sent by the City; 6. Notice to the City that an account has unauthorized activity; 7. Breach in the City's computer system security, and S. Unauthorized access to or use of customer account information. ` E. Red Flags Related to Alerts from Others 1. Notice to the City from a customer, a victim of identity theft, a law enforcement authority or other person that it has opened or is maintaining a fraudulent account for a person engaged in identity theft. IV. PREVENTING AND MITIGATING IDENTITY THEFT A. Action Required if Identity Theft Detected. In the event City personnel detect any identified Red Flags, such personnel must notify the Program Administrator. The Program Administrator should then decide which of the following steps should be taken: 1. Continue to monitor an account for evidence of identity theft; 2. Contact the customer; 3. Change any passwords or other security devices that permit access to accounts; 4. Not open a new account; 5. Close an existing account; 6. Reopen an account with a new number; 7. Notify law enforcement; or 8. Determine that no response is warranted under the particular circumstances. B. Specific Red Flag Considerations for New and Existing accounts. The following steps will be taken with respect to new and existing covered accounts: 1. New Account Red Flag Detections. In order to detect any of the Red Flags identified above associated with the opening of a new account, City personnel, to the extent possible, should endeavor to take the following steps to obtain and verify the identity of the person opening the account: ` a. Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; b. Verify the customer's identity. For example, reviewing a driver's license or other photo identification card, and comparing it against the customer's physical attributes; -5- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM version April 21, 2009 C. Review documentation evidencing the existence of a business entity; and d. Independently contact the customer. 2. Existing Account Red Flag Detections. In order to detect any of the Red Flags identified above for an existing account, City personnel should take the following steps to monitor transactions with an account: a. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email) before providing information or transacting business; b. Verify the validity of requests to change billing addresses; and C. Verify changes in banking information given for billing and payment purposes. C. Specific Considerations for Protection of Customer Identifying Information. In order to further prevent the likelihood of identity theft occurring with respect to City accounts, the City will use its best efforts to take the following steps with respect to its internal operating procedures to protect customer identifying information: 1. Reasonably secure customer identifying information that may be accessible through the City's website, but provide clear notice that the City cannot guarantee its website is entirely secure; [?] 2. Undertake complete and secure destruction of paper documents and computer files containing customer identifying information; 3. Make City computers password protected and provide that staff computer screens lock after a set period of time; 4. Keep City offices clear of papers containing customer identifying , information; 5. Only in the event social security number information is required, staff should request only the last 4 digits of social security numbers; 6. Maintain staff computer virus protection up to date; and 7. Require and keep only those kinds of customer identifying information that are necessary for City purposes. V. PROGRAM UPDATES Annually, staff shall report to the Program Administrator on the effectiveness of the program, any significant incidents involving identity theft, and any recommendations for material program changes. -6- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM version April 21,209 ' i The Program Administrator will periodically review and update this Program to reflect changes in risks to customers and the soundness of the City from identity theft. In doing so, the Program Administrator will consider the City's experience with identity theft situations, changes in Identity theft methods, changes in Identity theft detection and prevention methods, and changes in the City's business arrangements with other entities. After considering these factors, the Program Administrator will determine whether changes to the Program, Including the specific Red Flags identified in the Program, are warranted. If warranted, the Program Administrator will update the Program as he or she so determines. A copy of the current Program shall remain on file with the Program Administrator and the City Clerk. VI. PROGRAM ADMINISTRATION I A. Oversight. The Program Administrator shall be responsible for developing, implementing, and updating this Program. The Program Administrator will also be responsible for the Program's administration, for ensuring appropriate training of City staff, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating identity theft, for determining which steps of prevention and mitigation should be taken in particular circumstances, and for considering periodic changes to the Program. B. Staff Training and Reports. City staff responsible for implementing the ' Program shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. Staff should prepare a report at least annually for the Program Administrator, Including an evaluation of the effectiveness of the Program with respect to opening accounts, existing accounts, service provider arrangements, significant incidents Involving identity theft ' and responses, and recommendations for changes to the Program. C. Service Provider Arrangements. In the event the City engages a ' service provider to perform an activity in connection with one or more accounts, the City should take the following steps so that the service provider performs Its activity in accordance with reasonable policies I and procedures designed to prevent, detect, and mitigate the risk of identity theft; 1. Require, by contract, that service providers acknowledge receipt and review of the Program, and agree to perform their activities with respect to City covered accounts in compliance with the terms and conditions of the Program, and with all instructions and directives issued by the Program Administrator relative to the Program; and -7- ' CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM Version April 21,2009 2. Require, by contract, that service providers agree to report r promptly to the Program Administrator, In writing, if the service provider in connection with a City covered account detects an incident of actual or attempted identity theft or is unable to resolve one or more Red Flags that the service provider detects in connection with a covered account. --------END-------- P\Civil\Resolutia MRed FlagRules-ExAProgramtanguage doc i -8- r CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM Version; April 21, 2009 Attachment H Contractor Collection Vehicle Specifications t, I 1 1 1 1 1 1 � 1 1 1 1 i 1 1 t I �iIV�Y 9d< i R Y q � „L Ry ; A" a K _ ' � � i t' 1, � • 1 t i . � r w l , 5 J � �t ! r l j�J "'•i �fi dS, F � I •xa rtl �i y��I; �_ s � a-n++ *Y �t t fi U!'„ nl m i BODY SPECIFICATIONS PERFORMANCE •Floor• 10-gauge AR200 8- 18 s€coed dump cycle depending on roach requirement ' Root: 11-gauge AR200 Side Walls 11-gauge AR200 HARDWARE Weather Pak and Deutsch connectors TAILGATE Aeroquip hoses and fittings Side and Rear Walls: 1/8"AR450 Hydra-Zorb-and Stauff clamps Zinc-dichromate coated hydraulic lines HOPPER Hopper Floor.3/16"GRD 50 CONTAINER CAPACITY* Wear Area: 1/4"AR Hardox 400 Straight Fingers 18-96 gal Hopper Assist Panel,3/16"AR200 Standard Fingers: 1S- 110 gal iY ry Extended Fingers, 18- 350 gdl PACKER 'Cycle limas vary depmding on ail Ionderatme,engine idle aeBing,equipment WOW,ete Packing Face:1/4"AR200 •Wear Strips X-Wear andA1411 PAINTING Follower Panel:3/16"AR200 •Packer steel shot4asted prior to priming with Akzo Coating's high-solids epoxy piimer and acrylic urethane ARM Grabber Ground Clearance 10" OTHER OPTIONS AVAILABLE Arm Reach 8' Hopper work lights h Strobe light CHASSIS REQUIREMENTS* Camera-assist lights GAWR• 18,000 lb min front,40,000Ib min rear Peterson smart lights After Frame 60" min Clear coat •Guidellnar onry Contort McNelhis for specific drank requirements before ardering 'Fire extinguisher/b racket Auxiliary axles(call for application) HYDRAULICS Camera systems—single,dual,and triple Pump Make/Model, Parker P350 tandem pump with HOC and Mud flaps—front and/or rear Rack-on-the-go flow control system Decals(call for pricing) Control Valves Parker VA35 Plastic shovel Packer Valve.VA35 x 2 work sections—pneumatic operating with Toolbox pre-coalescing fihel Paint colors Arm Valve, Parker P70 x 5 work sections—electric proportional coils Oil Reservoir:50 gallons Filter 1 Parker 100 mesh suction filter Parker 16 micron medium-pressure return line CYLINDERS •Packer 4"bore x 3"rod x 39-1/2"stroke Arm In/Out,2"bore x 1.1/4"rod x 67"stroke Grabber.2" bore x 1" rod x 6-1/4"stroke •Tailgate:2-1/2"bore x 1.1/2"rod x 11"stroke Body Lift(telescoping)-6-1/2"bore x 3.1/2"rod(3rd stage)x 170"stroke Hopper Assist:3" bore x 2" rod x 14"stroke I m 2008 McNeilus Truck and Manufacturing Inc McNeihrs,and the McNeilus logo are registered trademarks of McNodus Truck and Manufacturing Inc.,Dodge Center,MN USA Oshkosh osh Is a rogfstaiad trademark or Oshkosh Corpwatem.Oshkosh wl,USA.All other designated trademarks are the pram"or Blau rasWtive Moore MA D0408 McNeilus Weight Distribution 08l19I2009 Page i of 3 C, Customer Refuse Sales-CNG MA Requestor M.Tucker Autocar ACX Preparer N Burgess 08/19/2009 28 Yard Streetforce MA VIN- Payload Total: 18,538 (662 Ibs/yd) Notes: Estimated Chassis Weight from spec,CNG fuel system added Drier and drop frame conversion added Number of Axles: 3 Number of Rear Axles- 2 Auxiliary Axles: Description Distance Wei h CG Force Pusher❑ 0.00 0.00 0.00 000 Tag ❑ 0.00 0.00 0.00 0.00 Weight Summary Front Axle Rear Axle Tandem Pusher Tandem Tag Rear Group Gross Rating 20,000.0 40,000.0 40,000.0 Bridge Law Max Weight 20,000.0 34,0000 34,000.0 62,5000 _____ Chassis&Options Weight 10,584.7 5,577.3 5,5773 16,162.0 Body&Options Weight 7,085.9 10,714.1 10,714.1 17,800.0 TARS Weight 17,670.6 16,291.4 16,291.4 33,962.0 Payload Weight 1,034.1 __ 17,503 9 '_e_®` 17,503.9 18,5380 Total Weight 18,704.7 00 33,795.3 0.0 33,795.3 52,500.0 Weight% 36.6% 0.0% 64.4% 0.0% 64.4% 100.0% Bridge Law Compliant? Compliant Compliant Compliant Compliant Indies 242.00 A:Wheelbase • " -10.00 B•Back of Cab to Center of Front Axle 67.50 C:Back of Cab to Front of Body , 54.00 D-Rear Tandem Spread 0.00 E Center of Tandem or Center of Single Axle to Pusher Axte _ 0.00 F:Center of Tandem or Center of Single Axle to Tag Abe FIE= p e C .))-I C - Note- Body and chassis weights are informational and subject to change.Payload configurations are approArnate due to variations in , payload content and consistency.Under no circumstance does McNeilus guarantee payload due to these variables r McNeilus Weight Distribution 08/1912009 Page 2 of 3 Inches Feet CG Weight Weight CG Outer Bridge 269 22 Chassis Total 84.4 15,462 Body 16,000.00 7997 Rear Inner 8ndge 64 5 Chassis Front 00 10,070 Payload. 18,538 00 171 00 Front Tandem Bridge 0 0 Chassis Rear 242.0 5,392 Rear Tandem Bridge. 54 5 Chassis Options Total 64.1 700 Body Total 137.5 16,000 Body Options Total 218.5 1,800 Tag 00 0 Pusher 0.0 0 Payload 2285 18,538 52,500 ' Center of Gravity Summary Front of Body Location from Front Axle 57.5 Wheelbase 242.0 Actual Back of Cab to Rear Axle/Tandem 252.0 Chassis Body Payload Body+Payload CG 83.5 88.2 171.0 130.4 Weight 16,162 17,800 18,538 36,338 Auxiliary Axle Effects Front Pusher Rear Tag Total Chassis 10,585 N/A 5,577 N/A 16,162 Body 7,086 WA 10,714 N/A 17,800 Pusher Up 0 UP 0 UP 0 Tag Up 0 UP 0 UP 0 Tare Weight 17,671 UP 16,291 UP 33,962 l4 Payload 1,034 NIA 17,504 NIA 18,538 Total Aux Axles Up 18,705 UP 33,795 UP 52,500 j Pusher Down 0 0 0 NIA 0 Tag Down 0 NIA 0 0 0 Net Pusher Down 0 0 0 NIA 0 Net Tag Down 0 NIA 0 0 0 Total Aux Axles Down 18,705 0 33,795 0 52,500 Base Chassis Weight, 16,462 Chassis Options Weiaht CG Drop Frame Estimate 500.00 10000 Driver 200.00 -25.80 Totals 700.00 64.06 Total Chassis Weight with Options: 16,162 Body Options Body Option Description Weicht Roof Mounted CNG 1,80000 161.00 Totals: 1,800.00 161.00 Total Body Weight with Options: 17,800 Note: Body and chassis weights are Informa0onal and subject to change.Payload configurations are approximate due to variations in payload content and consistency.Under no circumstance does McNeilus guarantee payload due to these variables. Mc� Weight Distribution 08/1Moos Page 3 of 3 Maximum Axle Loading --------------------------------------------------- --------------- --------------- ................................................. i Warning: 1 Body and chassis weights are informational and subject to change.Payload configurations are approximate due i to variations in payload content and consistency.Under no circumstance does McNeilus guarantee payload due i to these variables ------------------------------.......------------------------------------------------------------------------------------------------- Bridge Law Alternative Compliant Loading Payload Weight 18,538.00 25,109.00 ■ (lbs/yard) 662 897 i Pusher Force: 0.00 0.00 Tag Force: 0.00 0.00 Front Axle Rear Axle Axle Wela-h s Tandem Pusher Tandem Tag Rear Group Gross Axle Rating 20,000 40,000 Bridge Law Compliant 18,705 0 33,795 0 33,795 52,500 Alternative Loading 19,071 0 40,000 0 40,000 59,071 , Customer accepts this weight distribution and payload for this vehicle. Signature: r r r Body and chassis hts are informational and subject to Note: Y �9 J change.Payload configurations are approximate due to variations In ' payload content and consistency.Under no circumstance does McNeilus guarantee payload due to these variables. I ,r ,.r, y Jig .� ^� x' ( �Y ,' • ;f 3^ � t � _- t„% mYa`?*"•`'r 'N,dp��{+'�,t . '�7�/' '`�'�� f�(r;(('�j'Gi/. ,, "/G1li:Fr„~ .Ji{!`ht`J" �.,ry1y.e >F�'�1—.0 1Y:,1 Ifs` t,�!r 4eerr„yd „ r [t` � �"'~ 4 '- _ .4 _...:.��„-,w• � �-}r w6! g • Y m', T 2 x ro y'' ^-� ``E-µ n t4 ';xa .,, •� wxo-_ ".,_ ..- .; S47 -,n � .w ".`e•a Zr .k _.. '.' y ps-.,^, ,`„ .„�`,`:'A�'�:v� nr�; <r rr, �,>•,•'^.».«^. -,� .�,oy',~ rti a,,.e.:.i>r as�y> „yam.✓ ti#cx��ti.=� ''�.,. .w. -- ?=»�d�_� ,:.e�',�t;; ��_�a, }�o-�r. BODY SPECIFICATIONS CYLINDERS Body Floor. 10 Gauge AR200 Elector Cylinder:5-1/2"x 3" Rod Size x 182"Stroke Body Sides- First Section' 1/8"AR450 Arm Cylinder,4-1/2" Bore x 2-1/2" Rod Size x 46"Stroke, Body Sides-Second and Third Sections:10 Gauge AR200 No Cushion(Decal Valve) Body Roof, 10 Gauge AR200 Fork Cylinder:3"Bore x 1.3/4" Rod Size x 20"Stroke Cab Shield 14 Gaugo GRD 50 High Strength Steel Tailgate Cylinder, 2-1/2"Bore x 1-1/2" Rod Size x 38"Stroke HOPPER SPECIFICATIONS HARDWARE ' Lower Hopper Sides 3/16"AR400 •Weather Pak Connector—DeutschO Connectors Upper Hopper Sides: 10 Gauge ASTM A572 GRD 50 High Strength Steel -Aoroquip Hoses and Fittings Hopper Floor: 1/4"AR400 •Hydra-2orb and Stauff Clamps Rib Support. 14 Gauge ASTM A572 GRD 50 High Strength Steel Floor Crossmembers•3"x 3"x 1/8" High Strength Steel Tube OPERATIONS •Command Zonee'-R Controls PACKER/EJECTOR SPECIFICATIONS MCNI:lLUS WARRANTIES Face Support 3/8"ASTMSTM A Lower Packing Face: AR200 Cylinders:5 year limited warranty from date of delivery 1/ ' 36Steel St •Hydraulic Pump and Valves*2 years from date of delivery •Packing Panel Floor Tracks 1/4"ASTM A656 GRD$0 Nigh Strength Steel •Packer Unit:6 months from date of delivery •Top Wear Straps;3/8" AR400 Bottom Wear Strips:3/8" x-wear PAINTING i Side Wear Strips- 1/4"AR400 •Packer and components steel shot blasted prior to priming with Sides: 10 Gauge GRD 50 High Strength Steel Akzo Coating's high solids epoxy primer and acrylic urethane , TAILGATE SPECIFICATIONS OTHER OPTIONS AVAILABLE: •Tailgate Rear and Side Walls 1/8"AR450/10 Gauge ASTM A607 GRD 50 High 1 Hopper Work Light Strength Steel 2 Hopper Work Lights Tailgate Locking Teeth: 1-1/4"ASTM A36 Mild Steel Strobe Lights Tailgate Seal Extends 44" Trapezoidal lights •Five-Point Automatic Locking Bustle Tailgate Camera-Assist Lights , •Body Longitudlnals. 10 Gauge ASTM A607 GRD 50 High Strength Steel Body Paint (formed channel) Cab Paint Peterson Smart tights , ARM ASSEMBLY Clear Coat Arm Construction.3/16"ASTM A656 GRD 80 High Strength Steel Fire Extinguisher/Bracket with 3/8"ASTM A514 T-1 Flanges(100,000 PSI yield) Auxiliary Axes-Call for Application Arm Cylinder Mounts:ASTM A656,3/16"GRD 80 High Strength Steel Camera Systems-Single,Dual and Triple ' Arm Torque Tube, 5-1/4"OD with 1/2"Wall Thickness Mud Flaps-Front and/or Rear 3-Arm Torque Tube Pillow Blocks with Nylatron Bushing Decals-Call for Pricing Plastic Shovel FORK ASSEMBLY 28"Tool Box Fork Torque Tube Construction,ASTM A513 Type 5 Fork Torque Tube 4"0D with 3/8"Wall Thickness(DOM round tube) Fork Tine Construction. 1.1/4"ASTM A36 Mild Steel ' HYDRAULICS Pump Make/Model: Parker P365 Pump Size:2-1/2" Pump now:48 gain 0 1350 RPM Control Valves,Parker VA35,MRV Setting-2500 psi Oil Reservoir.50 Gallons Filter,Parker 40 CN Suction Strainer 100 Mesh Stainless Steel with Magnets 0 McNeOew Ttuck&Mamdadtoft,too 2001 MI dghya tosomel MCNndus is an oshkosh Truth Coris ation Company , "McNedu3 and the McOelius iogo are ragistmed trademaMa of McNeilus TmCk&ManulaCturing,lnC,Dodge Center,AIN Command Zone Is a vademere Of ashkowh DUO Clao"atlon Oshkosh,wi ether had"mmk&are the Viacom of lhoir maggot"awoea. PACWICFI f/Oy McNeitus Weight Distribution 08114/2009 Page 1 of 3 Customer: 4085 Autocar 320 CNG Requestor M.Tucker 1 AutoCar ACX Preparer M Holden 08/14/2009 40 Yard Pacific(3/16) VIN Payload Total 20,740 (519 Ibs/yd) Notes: Number of Axles 4 Number of Rear Axles, 3 a Auxiliary Axles Description Distance Weight CG Force Pusher ❑ coo 0.00 000 000 Tag 0 Hendrickson Composilite ST 275/70R22.5 7900 1,131.00 4.00 9,00000 Weight Summary Front Axle Rear Axle Tandem Pusher Tandem Tag Rear Group Gross Rating 20,0000 40,0000 40,000.0 Bridge Law Max Weight 20,0000 34,000.0 ®e 42,0000 — 57,5000 —'_®6 Chassis&Options Weight 10,149 0 6,1780 6,1780 16,3270 Body&Options Weight 6,1657 13,134.3 13,134.3 19,3000 TARE Weight 15,8706 20,8874 20,8874 36,758.0 ' Payload Weight _ A__—___— ______ _1,791.7 22,531.7 22,531.7 20,740_ Total Weight 17,801.4 0.0 30,6966 9,000.0 39,696.6 57,498.0 Weight% 31.0% 0.0% 53.4% 15 7% 69.0% 100 0% Bridge Law Compliant? Compliant Compliant Compliant Compliant inches 19100 A:Wheelbase ' 000 B:Back of Cab to Center of Front Axle 31.50 C-Back of Cab to Front of Body 54.00 D Rear Tandem Spread 0.00 E Center of Tandem or Center of Single Axle to Pusher Axle 79 00 F Center of Tandem or Center of Single ¢ r Axle to Tag Axle o Note: Body and chassis weights are informational and subject to change. Payload configurations are approximate due to variations in payload content and consistency.Under no circumstance does McNeilus guarantee payload due to these variables McNeilus Weight Distribution 08/14/2009 Page 2 of 3 Inches Feet CG Weight Weight CG (' Outer Bridge 270 23 Chassis Total, 723 16,327 Body 17,500 00 9020 Rear Inner Bridge 106 9 Chassis Front: 00 10,149 Payload: 20,740 00 17600 Front Tandem Bridge 0 0 Chassis Rear 191.0 6,178 Rear Tandem Bridge- 54 5 Chassis Options Total 0.0 0 Body Total 1217 17,500 Body Options Total, 2105 1,800 Tag. 2660 1,131 Pusher 00 0 Payload 2075 20,740 57,498 Center of Gravity Summary Front of Body Location from Front Axle 315 Wheelbase 1910 Actual Back of Cab to Rear Axle/Tandem 191 0 , Chassis Body Payload Body+Payload CG 84.8 985 1760 1386 Weight 17,458 19,300 20,740 40,040 Auxiliary Axle Effects Front Pusher Rear Tag Total Chassis 10,149 NIA 6.178 N/A 16,327 Body 6,166 N/A 13,134 NIA 19,300 Pusher Up 0 UP 0 UP 0 Tag Up -444 UP 1,575 UP 1,131 -� Tare Weight 15,871 UP 20,887 UP 36,758 Payload -1,792 N/A 22,532 N/A 20,740 _ Total Aux Axles Up 14,079 UP 43,419 UP 57,498 Pusher Down 0 0 0 NIA 0 Tag Down 3,723 N/A -12,723 9,000 0 Net Pusher Down 0 0 0 N/A 0 Net Tag Down 3,278 N/A -11,147 9,000 1,131 Total Aux Axles Down 17,801 0 30,697 9,000 57,498 Base Chassis Weight 16,327 ' Chassis Options Total Chassis Weight with Options 17,458 Body Options , Body Option Description Weiaht Roof Mounted CNG system 1,80000 17900 Totals. 1.800.00 17900 Total Body Weight with Options* 19,300 r t Note' Body and chassis weights are informational and subject to change Payload configurations are approximate due to variations in r payload content and consistency.Under no circumstance does McNeilus guarantee payload due to these variables t McNedus Weight Distribution 08/14,2009 Page 3 of 3 Maximum Axle Loading Warning: Body and chassis weights are informational and subject to change Payload configurations are approximate due ' to variations in payload content and consistency.Under no circumstance does McNeilus guarantee payload due to these vanables i '------------------------------------------------------------------------------------ ------------------------------------------- ' Bridge Law Alternative Compliant Loading ' Payload Weight: 20,740.00 30,600.00 (lbs/yard) 519 765 Pusher Force: 0.00 0.00 1 Tag Force: 9,000.00 10,000 00 Front Axle Rear Axle Axle Weights Tandem Pusher Tandem Tag Rear Group Gross Axle Rating 20,000 40,000 Bridge Law Compliant 17,801 0 30,697 9,000 39,697 57,498 .� Alternative Loading 17,363 0 39,995 10,000 49,995 67,368 1 ' Customer acoepts this weight distribution and payload for this vehicle. Signature. Note: Body and chassis weights are Informational and subject to change Payload configurations are approximate due to variations in payload content and consistency.Under no circumstance does McNeilus guarantee payload due to these variables. v + 8 R .'.. �... aL. Y_ s ,I I Y g^I,i w��4 3 9p1 m � + K Y' - r I ^ { rag, K 6 = For Waste, Recycling and Material Handling Equipment The new global economy has A Solid Reputation The Resources To Meet brought growth and prosperityL-W Galbreath has astolid reputa- Challengero our nation and much of thetion for quality products and Wrib several manufacturing plants and world With prosperitycomesGalbreath Lkcause of out expert- a national dealer network.., locarcd a better quality of life for all of Ise, resources, manufacturing throughout North Aniertca, Galbreath us It also produces more waste. As our capacities, and strengths,we achieve a cost-cffeetrvcly supplies customers from world strut les with dos grnwrng higher level of product excellence anti coast to coast Over a quarter of a environmental problem, Galbreath is custamcr satisfaction."that's why we uniquely positioned to meet the can accomplish more for our cos- challenge. tomers than our cornpetitots. Galbreath's cngineermg capabilities are unmatched in the industry. Lavery product we make is designed from the �'ffrir'i ground up by expert engineers whet know what our customers need to get million square feet of production capacity are manned by approximately the job done. With such a co approximately Today, Galbreath is one of North range employees, ensuring that our range of waste and tttatenal handling h receive ten equipment America's leading waste equipment man- tustorners _ ufacturers. We do more than just make promptly at a competitive price. equipment, though We provide our _, Furthermore,we make it easy to do customers wtth solutions to their most business with us Otu financial services challenging waste handling problems. = division will help you purchase our products with custom-tailored financing packages that accommodate r- your business cycle and revenue stream. By combining our experience and products, Galbreath serves all facers of resources,we are able to meet the waste the waste Industry as the single source wduuiy's present and future needs for supplier for top performing equipment. better, more efficient solutions to the challcnges it fates. all 1 TMnn a}w�x M P T - _ %tea.$s a•'_ r* I l v 1 _ B J _ as tr _ 04, 1 a a The Commitment To Grow Our sales success is fueled by ouJ commirment to grow,As the - [_ a a. wotld's waste volume contin- MS T ties to increase. Galbreath recognizes the opportunities and 15 plannutg fui the ftltnH: 'f hrough planning, and customer paiuleishrps, Galbreath will conrinur, to lead the industry. a WIM a qp� ^S d _f - R _ a Since 1945, Galbreath products '$ t have been known for their reliable performance and tong service life. In addition to produce quality,we'te also conuTutted to piovidiag our ctistorners with responsive service and ' rechnical support to ensure their satisfaction Our nationwide dealer and service network hacks this uM commitment, assuring you that a Galbrearl representative is nearby to serve Yrnu needs K ft Ly. ` ^k• � R . .. t • gyp: y i 6 it is � — • _ w^" __ -- �_ t ° °e Galbreath, Inc. is committed to . t nnploving out quality of hfc today and e 4 •. ,1 a For the future by producnrl; the best waste handling, tecychng and material handling equipment available. a meo• ® I A L A WASTEQUIP COMPANY �Prinwl w,naeypbC p,por f�,hu�rp ASssn bn rw,vf �`"�� a'nxrzx.�An,x,rrww .=J ICAUTIONI This egwpmenl should bo operated by properry,trained pemowel Operators Gould beconw Fu,nihar wa OSHA,ANSI,and any other app6cabia standards or laws for using this uqunpmenl I nproper Use,m3Uuse,or lack of mmi ternnee could oauae+nfury to people anNor properly Photos uwi in Ihie brort ro ana 111w,al,vo only We assume no habeity or raspon5lb8ity for proper traimng,oprmaon of equipment not tnanufacnued by Galcreatir We reherve the tight in mako rhangoO at any time without nonce Information contained within hats literature II=Intended to no Iho most accurate ava fable 11 hrne of prorang '" `- 0 2003 Galbreath,Ino, Laho U$A, GALBREATH INCORPORATED Corporate Headquarters 461 E Rosser Drive,PO.Box 220 Winamac,IN 46996 Ph:57 ' ® 4946-6631-0631 Fax 574-946-4579 VA A WASTEQUIP COMPANY �-285-0666(inside USA) Southwest Sales Specifications Ph:817.477d-06 "Fnside dT3-7657 800-297-0668(Inside USA) Highway 75 South,Route#1 Inside/Outside Rail "IO" Model Hoists Ph:256-657.61400 F x92561-07-6147 800-964-6478(Inside USA) GENUINE ALL STAR PARTS SM-946-9476 FAX 574-946-4579 htfp•1Avww-ga/6rea tlninc.com • SWIVEL CABLE END , MIZ OF CAD B •B12 H i D is i/a• • Q HOIST FRAME DETAIL S 96 1/2' • ,� I/z• � to I/z T r s AAV AtZ6 -= T.UVDEMA,YGG HOIST MODELS -t13r10-I56_ U540-174 __[1H Rk4`Iq" UT-10-174 UA(669, 13-10-182 "_"U_I-'16-'i8$ U5-I0-194 `TJ3'3( 594 A-Approx Ht Above Frame(5) -__160"- 164" - '-*5- - 164" - '178"�- 172" -->=172" 182" - 179-f2°_-= BCab to Hoist 6" - �_'. ``�= 6° - -6" - 6" _ `'�_b"'�--s - 6,. C-Axle spread _ _ ___- SL"-55"(1) 'At^'5�5"--111=_ 51"-55"(1) ��5}"<60"(1),_ SL"-SS"(L) St":SS�'�(F1'. 51"-55"(t) D-Raised Angle = .51°s` , 47' -:-�7° z' 47° ',32°-= 47-IIZ° 'T 47.1h°-" 48' _ 48 _- E-Fiaiue to Ground H[(5) 43"Max. =,�?J3_"_ 53:`°'�" 43"Mez. ;,4fi,".Ma_.�„ 4;"Max ^_"¢.�i"3daxvLL. 43"Marc F-Tue O D to 0 D - - 96"Max " dtc'(,b}. 96"Max(6) �N=.#$';�yfax 96"Maz - `� ",'.�?i 96"Max(3) GCab to Axkw-'',IS " 174" -=-'„19i^--v"` l74" - _ -` IS - H-Horst Length ,`:'`-,34",u„ 279" - .=, �___." 279" >2& K�'�'�- 287" - '257" '•, 299" -Rated Capacity(2) i S0,b00iE ; 60 W01E �=µ� ` 4` (cr "„ Y';s'0_�1001C;,: 60.000p r 6gooat w_`tU,`WO11<-; 60,0" •IaR Cylinders ,-d"%351°Y.TA" 6't4-1/2"<72"DA ; R'1 6-54%IIB"DATr 6',412",72"DA 6- 3i1 t8•,DAT &F11W DAT 6-5Lhr1I8'�'blLi£ •Winch G}4inders .;5"x3"T6_45Lf T',3",80"DA '�"> iDd_'--? Tti"�80"DA "Del. 7ti"�8G"DA 1-71x3-00"bit- 7h3 NWD4 `y7'c1"x90"-_DA> K'abte-ExIWRC 6x37 JB_" a 7/8"Dia _ -"- ".- 7/8"Dia - 718"Dia <-T-I8"pia- � 7/8"Dot -Recommended COWamer Length 4 a,,Y4=4 '_' Is'- ��8'-32'� y -��y - - -� st O Is'-2rf 1s'-n' = s�-i2 zo'-za' •Approx.Weigbts �'- 2?ks„ 7,294 Lbs 7,323 Lbs �J;2b-Fbs l- 7,355 Lbs --7;40L Cb5._`;= 7,756 Lbs ,-4j7 i8 �_ , Up Set _;- 30 Sec =;=:38Sq �i-�� 33 S« -� aSefi 30 S« �33 Sec''"= 41 Sec '33$FC �.. Approx IS S« a'%2(t eSj„_ l3 Sec tSS« -,- 24 Sec 15 see";z �� 1Mwa .'IS'5eFs_"_ 13 Sec - 7-Sec{< _ - - 7hnes• On �'„348ec:" - 46 Sec -. 4L - ",r 46 S« ''v%l'dSetti 'yI,_ 46 S« _;S46$ec' 51 Sec - SI S« Off ' ,Set� 37 See 5"`3 y`, 37 See __'37`Seu.,��" 37 See sec,= - 42 Sec -42 Sac=T- (1)Using 10 00 x 20"Tires Only For 22"Tires,See"F"Measurement (2)Factory Tested With Recommended Container Length And Water Level Load. (3)When Used As Tandem If Pusher Aide Is Added,"F"=148"and"G"=168" (4)When Recommending Container Lengths,Weight Distribution-Fender Interference,And Overhang Are Factors (5)Frame=Top Of Truck Chassis Frame- '6)When Used As Tandem If Pusher Axle is Added,"F"=150-12"- J)When Used As Tandem If Pusher Axle Is Added,Axle Spread Is 108" For Use In Mtchrgan *Theoretical Cycle Times Based On 20 GPM For Smg1e Axle And 35 GPM For Tandem Axle Attachment F-1 1 (Limited Access Service Procedures) Limited Access for Residential Customers J ^•i _Ynt 4Ppt, i � 3 arr 1 In the event that a residential customer resides in a place that is hazardous for conventional Side load vehicles to operate, the following option may he employed in order to continue providing service unintcirupted. This vehicle ~hall also comply with the iIunimum B20 requitement.~ in the KI p 1 or the ,pccific,ittons on this vehicle please see the charts for the Heil model 1`4000-13 in the below listed documentation. 1 i 1 i 1 i i 1 1 1 1 Fittest rm - Mid Range Rear Loader Compaction ...... ...... ......... . ...... up to 800 Ibs per yd' _ Hopper Size 2.66 cubic yards Packing Cycle Time ..... ......... . ... .... ... 17-19 seconds* ' Reload Time.. .......... .. .. .... 7-10 seconds* I Q FET Exempt. . .,,...... 13,16,18&20 yd units(mum arse conaguratmns) z� F 'Vnll)ap0m1a11?agon valve i i Y., i i -i a r r i i� r , ra r •i t r.i a PUMP Type High ressure ear R g ,rTMrc .. ' Maxrmum operating Pressure 2 500 psi(17 237 kPa) '`T' ,�• ' GPM 24 GPM(90 8 InOrsimin) MODEL MIN. MIN,GAWR01 USABLE CA USABLE CT MIN AF I OIL RESERVOIR GVWHFront Rear Inches mm Indies mm Inches rt>m Tank Capacity 24 gallons F4000-13 25 50D 8 000 17,500 9021 2.438 N/A NIA :#2 813 Return•10 micron F 1000-16 27,CoO 9,000 18,000 t02 108 2 591 2 743 N/A NtA .�31 813 „ Fitters Suction-140 micron F40000;16 29,500 9,000 20,000 •-118-124 2,297.3 150 NIA N/A 82 B13 F4000-20 32 000 9,000 23 000 132 13B13B 33r,3 3t,05 114-120 2,1396)-3,048 32151 813f1 295 ---EVALVES F4000.25 J,000 9,000 34 000 NIA _ NIA _ 136.142 3,454-3,007 ._61-._.-„1,295 Bell type nnlcs iral Spool typeAlirgua aem Whd Ercmervnamnl hlwe e*Lal mw i+st tl'®n Reltl.eu 6M"VMysneM nxmgW, 1re MCT 0 r4 M resxrtvnenW"we His Einiwmw>W a,.vrv..414"10tTihiTilO raise Spool type T'iiion irt,n a,a.,,nn=p ra owr - - rya OVERALL OVERALL HEIGHT ,v�i,.,,L nruH11 t,GUss.uLIOHT h1UUEL BODY CAPACITY OVERALL LENGTH LENGTH OVERALL WIDTH ABOVE FRAME (Tailgate Raised) IApmra) ' (Tailgate Raised) ran m' mcng9 mm Oen�s mm m mm o6 S uvn kchas mm s kg F4000-13 13.8 1055 166 4,724 211 5359 9575 2,432 88 2,184 166 3982 9,100 4,126 F4000 CIS 16 1223 2Ci 5,106 226 5,740 9575 2432 66 2,184 156 3.962 9.400 4.264 , F4000 18 18 13,76 217 5,612 2415 6,134� 9575 2,432 06 2,184 156 3,962 9,656 4,377 F4000 20 20 1529 231 5,667 256 6477 9575 ?.43? $6 2,184 156 39$2 9,900 4,491 FL2O-25 25 19.11 254 6,452 287 7,290 95'75 2,432 93 2,362 167 4,242 10,700 4,058 OREL PACKING BLADE(2) SLIDE(2) - -- EJECTION LI) TAILGATE RAISE(2) DOUBLE ACTING DOUBLE ACTING DOUBLE ACTING TELESCOPIC MODEL 00111 SIPOKE 60PiE STN€7KE 00(1E STROKE EQNF S'R4KF MODEL STAGES 10,'tI6Y mm InChP4 mm Indinq R'm mtn InCht,b nptll Int hrl' nvn In(3'le9 Rem nCho9 rnm ALL 8 76 2 31 178741 4 10161 21 tit 549 21 45 i 14 3 28 5 673 i _ _F4000•13 3 55 140 6475 1,645 F4000-16 3 5 5 140 81 12 2,060 ' 1ie 11ri. F4000-18 4 66 165 9612 2,441 HOPPER BEI OW SILL HEIGHT HOPPER HOPPER CYCLE 10,11',E1,07iDS F4000-20 4 66 165 110 12 2,797 MODEL BELOW CHASSIS LBARING OPENING (wAH optional reern CAPACITY FRAME WIDTH HEIGHT wive) F4000-25 4 65 166 129 3.277 yd' m' Inches mm ruches mm hlcnas mm Complete Retard F4000-13-20 266 204 0 D GO 2,032 46 1 1,168 17-19 7-10 F4000 25 2 efi 2 04 2 51 HD 2,032 46 1 168 17-19 7-10 CONTACT YOUR LOCAL DEALER THE WHEUs ARE ALWAYS TURr+itNr, «w i = = = 1 -- 1 1 Attachment I 1 City Approved Community Events List 1 1 1 1 1 1 1 1 1 1 1 1 1 u. Attachment I ' City Approved Events List 1. Fourth of July Splash 15,000 - 20,000 participants , 2. Christmas Rush Fun Run 1,800 participants 3. Cornucopia Days Fun Run 600 participants , 4. To be Determined as Mutually Agreed upon by the City and Contractor , 1 1 Attachment 7 1 Implementation Plan 1 1 i i 1 1 i 1 1 Attachment 7 1 Implementation Plan Garbage, Recycling, Yard and Food Waste Collection and Disposal Marketing Contract I City of Kent & Allied Waste Services f K E N T WA$MINOTON ALL940 WASYQ ZIRVICIS 1 K K E JVMV lit t A&MP, AWYE. $WWORU Wk % k1i It Ni CA Tr Q) Nt This Implementation Plan outlines the process from contract signing to the start date of the contract, except for the educational program which will extend beyond the commencement date of the contract. This I mpleineritation Plan has been developed by Allied Waste (Allied) and the City of Kent (City) to implement riew services to commercial, mutts-fintilly and residential customers in the City. The steps identified herein represent the major milestones of the process as well as the expected dates of completion. Allied and the City will work collaboratively to implement this plan through regularly scheduled coordination meetings,email,and by telephone as maybe required. 1. CNG Fuel Enhancements o Re-Fueling Station Allied is collaborating with CleanEnergy to establish a CNG fueling station at its !Cent facility. A pump station will be designed with card swipe access so that when/if the City acquires CNG vehicles, the facility will be MlihIbIO for City use Allied trucks will fuel over night via a slow-fill process, which means that during the day the pumps will be fully available for City use. Personnel involved in this effort include. a Chris Hadvag, Chris Giumond(GM), Michael Stokes(Maint,Mgr)- Allied X Chris Butler, Dave Posturna -CleanEnergy Project Schedule Task Description Start Date End Date Stati011 F*(ILIIpIllent Design 15-Apr-10 01+11-10 j1r9eq_NecdsA"cs,;rnent — _15_-Apr_10 Alju I-10 Production 01-ILII 10 01-Oct--to J 3lel 111111 ovolilent" 01-1111-10 01-Nov-10 L(ItAnnjjoit Installation 01-Oct-10 :30-Nov-10 anu rl, 01-Nov-10 15-Nov-10 Facil!�),_1-'"1JY_OJ)Lr�au0,11II Attachment - Implementation Plan Page 1 If construction or other Issues arise during the installation of the CNG station that results in a delay beyond the April 1, 2011 start date,the Allied fleet will utilize the filling station located at the Seattle Tacoma Airport 19425 28th Avenue South, Seatac, WA • Collection Vehicle Delivery Allied will purchase new collection vehicles that utilize CNG fuel. Each slow-fill station will be equipped with a breakaway hose fixture. Personnel involved in this effort include: ■ Chris Guimond (GM), Michael Stokes (Maint Mgr), Todd Richardson (Ops Mgr) - Allied Project Schedule Task Descri tion Start Date Delivery Date CNG Truck Order First Wave 01-A r-10 01-Nov-10 CNG Truck Order Second Wave 15-Se -10 15-Mar-11 2. Driver Hiring and Training Driver hiring will be accomplished through a negotiated process with the Teamsters Union which includes a lob fair. In order to enter into this Contract with a knowledgeable driver workforce, displaced workers may be selected to fill open positions whenever practical. Displaced workers shall have a 90 day probationary trial to determine permanent hiring status. Written documentation will be provided by Allied to the City to substantiate compliance of displaced workers per section 6.13 of the Contract. If drivers are not displaced as a result of Allied being selected for this Contract, Allied shall provide documentation to the City stating such. Personnel involved in driver hiring include: ■ Todd Richardson (Ops Mgr), Bryan Fenster (Training Mgr), Noelle Spataro (HR Mgr) -Allied ■ Teamster's Local Union Business Agent: Ken Marshall. Project Schedule-Driver Hiring Segment Task Description Start Date End Date Coordination with the Union 01-Sep-10 15-Sep-10 Develop lob Fair and Hiring Process Conduct Informational lob Fairs 15-Sep-10 15-Oct-10 for Displaced Drivers Extend/Finalize Job Offers to 01-Nov-10 15-Nov-10 Displaced Workers Bargaining Unit Coordination- 01-Dec-10 15-Dec-10 Recruit Additional Drivers(if necessary) Attachment J-Implementation Plan Page 2 Driver training will be conducted in modules, as indicated below.Allied will continue to communicate and coordinate with the Teamsters throughout this process. Personnel involved in the driver training process include: Todd Richardson (Ops Mgr), Bryan Fenster (Training Mgr), Tracy McConnell (Adman Asst.), Zach Spengler (Dist Safety Rep.) -Allied Module training topics are indicated under Task Description,in the table below. Project Schedule -Driver Training Segment Task Description Start Date End Date Notification,All Drivers 02-Jan-11 Update and Tentative Training Schedule Driver Training Program 01-Feb-11 15-Feb-11 Development Driver Training Module 1 Saturday, Pre-employment orientation Mid-February Driver Training Module 2 Saturday, Company Policy and Procedure Mid-March Environmental Stewardship General Safety Driver Training Module 3 Saturday, Equipment Training Late March ({ Route Assignments Driver Training Module 4 Saturday Daily Operating Procedures Late March First Day Check-In Procedure 3. Customer Service Hiring and Training All Customer Service Representatives (CSRs) will receive quality-based performance reviews and ongoing training in the most advanced customer service techniques as indicated in the Operations Plan. Allied will utilize its forecasting tools to anticipate the number of additional temporary and full-time permanent CSRs necessary to provide excellent customer service. Allied is planning on hiring 2 additional CSR's and will i, evaluate the customer service staffing level and make changes as needed. These CSRs will receive the two-week training as indicated in the project schedule The personnel responsible for this task include: ■ C/S Mgr, (TBD), Noelle Spataro (HR Mgr), Tracy McConnell (Adm Assist.),Jody Reid (Div. Cont.), Debbie Guttierez (Office Mgr), Todd Richardson (Ops Mgr), Paul Dionne (Route Supr.) -Allied 1{ Project Schedule-Customer Service Training jAttachment J-Implementation Plan Page 3 Task Description Start Date End Date Recruit for New CSR Positions 02-Jan-11 15-Jan-11 Extend Finalize ob Offers to CSRs 01-Feb-11 CSR Training Module 1 Week 1 - Orientation February 2011 CSR Training Module 2 Week 1 Operations Orientation February 2011 CSR Training Module 3 Week 2 - In oPro Intensive February 2011 CSR Training Module 4 Week 2 Daily Procedures February 2011 First Day Check-In Procedures 4. Systems Development- Customer Database , Allied will build out its customer database with new commercial account information from the outgoing contractor as well as with updated information from the commercial recycling audits to be performed. Changes driven by residential public outreach efforts and/or reaction to the new program rates will be updated as the customers contact Allied The personnel responsible for this task include: ■ TBN (C/S Mgr), Jody Reid (Div. Cont.), Debbie Guttierez (Office Mgr,), Paul Dionne, (Route Supr.),and TBN (Recycle Coordinator) -Allied Project Schedule-Systems Develo ment Database U dates Task Description Start Date End Date Receive Outgoing Contractor 15-May-10 Complete Commercial Database Upload Outgoing contractor 01-Sep-10 01-Nov-10 Commercial Database Update database as new data 01-Feb-11 20-Mar-11 comes in from audits and mailings Validation of database accounts in test mode Database finalized 20-Mar-11 5. Systems Development- Routing/Mapping Allied will build efficient commercial routes once the additional customers are added to the database. Optimized Routing is created based upon the approach described in its Proposal. Residential routes shall be created in the average size and structure described in the Proposal. As Allied Waste already services all residential customers in the City, routing is essentially already complete Route territory maps will be developed by the contractor of the new/updated routes deployed within the City. Information received from Waste Management on commercial accounts will be rigorously examined and combined with existing Allied Waste accounts to optimize the efficiency of the commercial routes. This review will take place prior to the planning of the new route structure. Attachment J - Implementation Plan Page 4 The personnel responsible for this task include: ■ TBN (C/S Mgr), Paul Dionne (Route Supr.),Todd Richardson (Ops Mgr.), Allied Project Schedule-Systems Development/Routing and Mapping Task Description Start Date End Date Obtain account information from 15-May-10 1S-May-10 Waste Management on transferrable customers and service levels Site visitation for WM transferred 01-Jun-10 30-Aug-10 accounts to verify accuracy of WM data&appropriate service level Create new routes based on 01-Dec-10 31-Dec-10 comprehensive commercial account information including input of new accounts into InfoPro Route Validation and adjustments 01-Apr-10 2 Apr-10 6. Recycling Coordinator - Hiring and Training Allied will hire a Recycling Coordinator while the initial commercial audit and outreach are being completed by Allied's subcontractor. This position will also ensure the expedient flow of information from Allied's field auditors into Allied's database, and will also ensure the timeliness and accuracy of container delivery. Personnel responsible for this task include• ■ Chris Guimond (GM), Noelle Spataro (HR Mgr) -Allied k, ■ Commercial Recycling Technical Assistance Subcontractor(CRTAS)(Section 7) i Project Schedule- Recycling Coordinator Hiring and Training Task Description Start Date End Date Recruit,hire,and tram recycling 30 Aug 10 30-Sep-10 coordinator with the assistance of the Commercial Recycling Technical Assistance subcontractor 7. Commercial Recycling Technical Assistance Allied will utilize a subcontractor to tram Allied commercial auditors to expand commercial recycling substantially during the 90-day audit period prior to the operations start date. Allied will conduct an RFQ process for selecting a final subcontractor for this work Allied's commercial database will be refined as updates Attachment J - Implementation Plan Page 5 come in as a result of audits. Allied will provide the City with weekly updates via e-mail, during the 90-day period. Bi-weekly updates will include the following information to be discussed/decided by the City and Allied prior to the 90-day audit period The specific approach, corresponding collateral materials and messaging, and commercial recycling incentive program development will occur during the timeframe indicated in the chart below. Topics relating to the specific approach include,at a minimum: ■ Design of audit form and procedures ■ Customer contact protocol ■ Assignment of audit team roles and specific daily and weekly goals ■ Logistics training, o Verifying existing container size and service frequencies against existing account data o Conducting efficient waste audits o Determining achievable results and designing recycling programs based on audit and customer needs o Service agreement process o Account documentation process o Customer service follow up process o Container delivery coordination o Quality control/customer satisfaction measures Outreach materials to include,at a minimum: ■ Commercial Recycling Program Guidelines ■ A flyer or brochure tailored to the following key business types: o Restaurants and Bars ■ Commercial kitchen oil & grease recycling vendor information will be added to outreach materials. o Business Offices/Business Parks o Retail o Manufacturing/Heavy Industrial ■ General resource information on topics such as: o Green building o Buy recycled procurement policies and resources o Tips for greening your business ■ Website Content Personnel responsible for this task include: ■ Alfred Gallegos,Chris Guimond, Corporate Procurement-Allied ■ Recycling Coordinator ■ Nicole Rinauro, Consultant ■ Commercial Recycling Technical Assistance Subcontractor(CRTAS) *Information will be provided as an FYI, the contractor realizes that commercial recycling is not a required service of the contract and is subject to a competitive open market. Project Schedule-Commercial Recycling Technical Assistance Attachment J - Implementation Plan Page 6 Task Description Start Date End Date Finalize RFQ for CRTAS 01-Ma -10 31-Ma -10 Hire CRTAS 15-Au -10 Assist with the recruiting,hiring, 30-Aug-10 30-Sept-10 and training of the Recycling Coordinator CRTAS to assist with the 01-Sept-10 15-Oct-10 development of audit approach �! and materials resources needed Development and provide 01-Sept-10 15-Oct-10 assistance of commercial outreach materials and website content Provided proposed materials and 16-Oct-10 31-Oct-10 website content(Material to be in color and pdf format)to City for review Outreach material printing and 01-Nov-10 15-tan-11 website content upload Commercial Site Visits Recycling 15-Jan-11 30-Mar-11 Campaign Performed by Allied's internal Rudy team. Recycling Coordinator Site Visits, 01-April-11 Ongoing Follow-Up,Customer Training 8. Public Education and Outreach This information pertains to the implementation period only. Allied will inform residents about their new waste collection program and provide information to select appropriate service levels for garbage, recycling and yard and food waste as appropriate This will be done through a variety of media including: printed collateral materials that will be direct-mailed, print advertising (e g Kent Reporter), press releases, and All►ed's local website. Direct mail and container delivery information will indicate collection days. Residential initial outreach will inform customers about the p I process for delivery of containers, as applicable. All containers will be delivered with how-to information, which will cover set-out and exchange procedures. These tasks require a high level of coordination with the City The City will authorize all printed and web based materials prior to production, distribution or on-line publication. All Multi-family dwellings will have onsite workshops during the 90-day audit period, and will receive program guidelines that contain the same information provided to single-family customers but with graphics that show set-outs with the variety of containers that are available to them. During the 90-day period recycling tote bags will also be delivered to each multi family unit. Program designs will be presented to the City for approval prior to initiation. Contractor Collateral Materials Allied will produce the following printed information, or website information to educate customers of new program information,including• ■ Postcard Announcement(single-family only) Attachment J - Implementation Plan Page 7 1) Full color direct-mail postcard announcement to indicate start date of new program, new program highlights, and date of Level of Service Confirmation Mailing (below) ■ Level of Service Confirmation Letter (single-family only) Z) Full color direct mail flyer printed on cardstock will help customers right size their service This will be accomplished through a series of questions relative to family size, lot size, and the number of times per week a household eats meals in. A postage-paid response card will indicate their current level of service and allow customers to change container sizes. Customers will be encouraged to receive paperless billing and communications and will be asked to check a box to enable this option. The default level of service for customers who do not respond will be their existing level of service, and will also receive the default size organics cart if they do not currently subscribe to green waste services This will be fully explained in the mailer. The mailer will indicate the distribution date for program information (below) ■ Residential Program Guidelines (two sets- single-and multi-family) 3) Program guidelines will include information on the three-cart system (what goes where), container set-out procedures, auxiliary programs offered such as holiday and special collection information, and Allied contact information, and understanding your bill guides. Also included in this mailing will be information about container and kitchen pail distribution dates and procedures. Residential program guidelines will be graphics rich accompanied by simple, easy to follow text with color pictures ■ Container Labels 4) Each cart will have a self-adhesive label attached to it that reiterates program do's and don'ts for that particular waste stream, and reiterate set out procedures Each label will be in color with pictures, have a pro- recycling message and will list the benefits of recycling Kitchen pails will be delivered with a brochure that includes detailed how-to information about how to maximize use of the organics program and program benefits.Tips for household management of organics will be included also. ■ Print Advertising 5) Print advertising will be timed to match release of the residential program guidelines and commencement of container distribution date. Information will be clear, concise, and will provide contact information Customers will be encouraged to log on to Allied's website and sign on for paperless communications. All community advertizing will be approved by the city prior to being sent for publishing to any outside advertiser such as Kent Reporter, Chamber of Commerce, Kent Rotary, Kent Lions, etc. , ■ Website Content Website content will mirror the print material. All program material will be available on the website for customer download and use. Allied will also continue to reach out to the community as it has done in the past There will be a good faith effort to support the community by negotiating services for events such as Kent Cornucopia Days The Recycling Coordinator and the City will be responsible for defining the most beneficial events to further diversion goals in the community. The City shall be provided with a comprehensive list of events the Attachment J- Implementation Plan Page 8 1 contractor has participated in during both implementation and during the contract term. Educational Events • Spring Recycling Event • Ram Barrel and Compost Bin Sale • Fall Recycling Event • Kent Cornucopia Days • Water Festival Fourth of July Splash • Kent For Health • Kent Station Events (3) • Christmas Rush Fun Run • Kent Saturday Market(2) • Kent Neighborhood Council Events (5) • Thunderbird Hockey Event • Education Event at Senior Center The personnel responsible for this task include: ■ C/S Mgr (TBD), Don Frey,Muni Mgr, Recycling Coord. (TBD) -Allied Project Schedule -Public Education and Outreach/General and Residential Task Description Start Date End Date Pre-Planning and Development. 1-Sept-10 15-Oct-10 Initial Outreach Materials/Residential: �1 Postcard Announcement and Level of Service Confirmation Letter,Program Guidelines,First Quarter Billing Inserts, Corrective Action Notices(updated for new program),Container Labels,Websrte ' Content,Print Advertising Send materials to the City forapproval in full 16-Oct-10 31-Oct-10 color pdf format Websrte Updates Go Live 01-Nov-10 15-Dec-10 Develop advertizmg schedule for new 15-Nov-10 residential program #5 Mail Announcement Postcards 02-Jan-11 10-Jan-11 Mail Level of Confirmation Service Letter 15-Jan-11 25-Jan-11 with response card #2 Update Residential customer accounts based 25-Jan-11 02-28-11 I} upon returned response cards I Level of service confirmation letter sentto 01-Mar-11 30-Mar-11 customer and program guidelines #3 9. Cart Delivery - Residential Residential carts will be delivered as requests are received. Delivery drivers, or an Allied subcontractor (with strict oversight by Allied management), will deliver fully labeled requested or default-size carts with program guidelines Allied will notify the City of estimated delivery period for specific routes prior to the commencement of delivery activities, indicated below Carts will be delivered to the customer's curb on IAttachment J-Implementation Plan Page 9 their regularly scheduled collection day. In the unlikely event a delivery attempt was unsuccessful delivery personnel will note those addresses along with an explanation, such as. ■ Incorrect or Incomplete Address ■ Customer Refusal ■ No Safe Location Recorded notes will be routed by the database to the appropriate staff member to resolve the issue. For example, customer service may call the customer for a correction to the address; or a supervisor may route the delivery lift to a support vehicle that is more appropriate to complete the work order. Allied will follow-up with any issues to ensure all customers are delivered carts prior to the beginning of the contract All new carts will follow the color scheme required in the contract (garbage = gray, recycle = blue, organics/yard debris = green) During the delivery process of the new carts/containers, each site will be visited and carts will be made to fit the new City-wide color scheme (gray/blue/green). New containers will be labeled with City approved decals that have the address plainly marked on them. Carts found on the customers' sites that already fit the specifications of the contract will have the appropriate label added Allied will provide delivery status updates to the City on a biweekly basis, including the percentage of customers that have had carts delivered. Personnel responsible for oversight of this project include: ■ Chris Guimond,Todd Richardson, Paul Dionne-Allied Project Schedule Task Description Start Date End Date , Place order for all carts needed 15-Nov-10 15-Nov-10 Reserve Temporary container yard 15-Nov-10 15-Nov-10 Cart Delivery from vendor to Allied for all 01-Jan-11 31-Jan-11 service or cart changes Cart delivery to customers based upon 02-Feb-11 01-Apr-11 response card from customer #4 Cart delivery to customers who did not 01-Mar-11 T-Apr-11 return response cards at default service levels 10. Container/Cart Delivery - Commercial New commercial containers/carts for those customers transitioning from the outgoing contractor to Allied will he delivered by Allied container delivery trucks and flat bed trucks as necessary for timely delivery Refurbishment of existing containers will be done during the same time period. All containers will be fully labeled upon delivery. Existing Allied Waste containers will be labeled by route drivers and or support vehicles before the contract start date. Attachment J- Implementation Plan Page 10 i 1 Containers will be painted according to the requirements of the contract (garbage = gray, recycle = blue). Allied will purchase any additional containers needed for the contract. Commercial customers who choose to use carts rather than containers Will receive their cart and will be tracked in a similar manner to the residential customers identified in Section 9. Allied may choose to include commercial cart customers in the residential process. However, for tracking purposes, Allied shall identify all commercial customers who elect to use carts at the beginning of the contract and provide that information the City of Kent. Container/Cart Inventories i Allied will base initial container/cart orders on the outgoing contractor's database, Allied's existing inventory, and projected migrations of service levels based on anticipated site audit results and increased recycling Trending will be tracked as initial audit results come in, and container/cart orders updated as appropriate. Allied will maintain a sufficient inventory of containers of every size required by the contract Bin Labeling Allied container maintenance personnel will• ■ Ensure each container is marked with an address with a grease pen or identified with a serial number and tied to the Company's database. Serial numbers will denote container size. • Apply a label with Allied's phone number on each container. ■ Apply City-approved education materials for each type of container Cgarbage/recycling). Container/Cart Refurbishing Existing Allied containers will be exchanged with refurbished containers during the delivery period indicated Containers/carts purchased by Allied Waste from those currently being used by the outgoing contractor in the City shall be brought to Allied's facility to be inspected, refurbished, and painted, prior to being placed back into circulation. Containers/carts abandoned by the outgoing contractor shall be collected by Allied Waste and either recycled or re-used An offsite container yard will be used during the implementation period that is also located in the City. Customers will receive commercial program guidelines with the delivery of each container/cart, and will have already received program information during the 90-day audit period as indicated in Section 7 Personnel responsible for this project include• ■ Chris Guimond,Todd Richardson, Paul Dionne, Mike Stokes-Allied Project Schedule ' Task Description Start Date End Date Place order for all carts needed 15-Nov-10 15-Nov-10 Reserve Temporaa container yard 15-Nov-10 15-Nov-10 Cart delivery to customers 44 01-Feb-11 31-Mar-11 Deliver/refurbish all containers per the 15-Feb-11 01-Oct-11 contract guidelines Attachment J-Implementation Plan Page 11 i 11. Public Education and Outreach - Commercial Outreach efforts for commercial customers include on-site waste audits and recycling opportunity assessments, and personal outreach. During the on-site audits, service summaries and agreements will be generated to confirm new service levels Allied's commercial recycling technical assistance subcontractor will assist Allied and the City in developing effective outreach materials as indicated in Section 7, to be provided at the same time the audits are completed Initial outreach will inform customers about the process for delivery of containers as applicable, and Allied's Recycling Coordinator will be charged with ensuring accurate container deliveries and also for communicating service days in writing to the customer in a form letter to be approved by the City All containers will be delivered with how-to information as indicated below These tasks require a high level of coordination with the City. The City will authorize all printed materials prior to production and distribution. The personnel responsible for this task include. ■ C/S Mgr(TBD), Muni. Mgr,Don Frey-Allied ■ Recycling Coordinator,TBD -Allied ■ Commercial Recycling Technical Assistance Subcontractor-TBD Project Schedule-Public Education and Outreach-Commercial Send materials to the City for approval in 16-Oct-10 31-Oct-10 full color pdf format Commercial New Program 01-Dec-10 31-Dec-10 Announcement and Program Information tailored to businesstype) Commercial Level of Service 01-Feb-11 31-Mar-I1 Confirmation Letters Mailed Program delivery information is contained in Section 7 above All customers will receive personal contact,the opportunity for an on-site recycling assessment and recommendations, and will be encouraged to maximize recycling options As indicated in Section 7, auditors will have undergone logistical training to assist customers in accomplishing optimal waste reduction within their specific work environments. Auditors will provide customers with information on Allied's commercial recycling incentive program Allied's Recycling Coordinator will follow up with customers to ensure satisfaction with container delivery,program information,and inquire as to their need or desire for employee training.. 12. Development of the Operations Plan During the implementation phase,Allied and the City will develop an Operations Plan to describe procedures for waste collection for garbage, recycling and yard and food waste. The Operations Plan will also,at a minimum, describe customer service,vehicle maintenance, dispute resolution,community outreach and all other aspects identified in the contract. As the Implementation Plan is enacted, specific issues related to the Operations Plan will be identified and described for the term of the Contract As technology or efficiency changes, the City and Allied may mutually agree to amend the Operations Plan. The Operations Plan will be developed beginning May 1, 2010 and will be completed by March 1, 2011. Attachment J-Implementation Plan Page 12 13. Go live Collection During First Week Sufficient staffing and collection vehicles will be available in order to route any customers who will have gone longer than 7 days, or longer than one cycle since their last pick up under the old contract. These temporary routes will be present through the first two weeks of the new contract as needed. Allied will start offering organic material collection with yardwaste to current subscription customers which will be collected by contractor residentially through the end of the current contract to help with the ease of transition. Customer Service First Week The Contractor will increase staffing during the period leading up to the date of implementation and will maintain staffing levels as long as is necessary to perform in accordance to the contract standards. A member of contractor staff may be provided to the City to handle increased call volumes from residents and businesses Personnel responsible for this project include: ■ Chris Guimond,Todd Richardson, Paul Dionne,Mike Stokes—Allied Extra collections for customers 01-Apr-11 15-Apr-11 or beyond 7 days since last collection as needed) Additional staffing for customer 14-Mar-11 30-Apr-11 For service as needed) 14. Implementation Plan Timeline 04/01/10 CNG Truck order placed (First Wave) 04/15/10 CNG Station Equipment Design & Project Needs Assessment 04/15/10 CNG Station permitting Process begins 05/01/10 Finalize RFQ for CRTAS 05/15/10 Receive WM Commercial customer listing w/service level 06/01/10 Begin site visits of commercial accounts for service level evaluation 07/01/10 CNG Station Equipment Production begins 07/01/10 CNG Station Site Improvements begin 08/15/10 Hire CRTAS 08/30/10 Recruit,hire&train Recycling Coordinator with assistance from CRTAS 09/01/10 Upload WM Customers into data base with existing service levels 09/01/10 Develop Job Fair and Hiring process for additional drivers 09/01/10 Develop Commercial audit approach and materials 09/01/10 Develop Commercial outreach materials&website content 09/01/10 Develop Residential outreach materials,website content and print advertizing 09/15/10 Conduct formal Job Fairs 09/15/10 CNG Truck order placed (Second Wave) 10/01/10 CNG Station Equipment Installation begins 10/16/10 Provide proposed outreach materials and website content to city for approval 10/31/10 City approval of all outreach materials and website content Attachment j— Implementation Plan Page 13 IS 11/01/10 Outreach printing begins/Website content upload begins 11/01/10 Extend/Finalize Job Offers for drivers 11/01/10 CNG Station Equipment Testing and Training begins 11/15/10 Develop advertizing timeline for new residential program 11/15/10 Place Residential cart order with vendor(s) 11/15/10 Reserve temporary container yard 12/01/10 Begin process of creating new commercial route structure 12/01/10 Bargaining Unit Coordination 12/01/10 Recruit Additional Drivers if Necessary 12/01/10 Commercial New Program Announcement Mailed 01/02/11 Mail Residential announcement postcards , 01/02/11 Notification Update and Tentative Training Schedule for Drivers 01/02/11 Recruit for new CSR Positions 01/15/11 Commercial site visits begin 01/1S/11 Mail residential levels of service confirmation letter with response card 01/25/11 Update residential accounts based upon return response cards 02/01/11 Update Database with service level changes from previous WM customers 02/01/11 Validation of database in test mode 02/01/11 Begin delivery of new carts for residential customers base on response cards 02/01/11 Driver Training Program Development 02/01/11 CSR Training Module(s) 1&2(First Week February) 02/01/11 Extend/Finalize Job Offers for CSR's 02/01/11 Commercial Levels of Service confirmation letters mailed 02/07/11 CSR Training Module(s)3&4(Second Week February) 02/15/11 Driver Training Module 1(Saturday mid February) 02/15/11 Commercial Container Delivery Begins 03/01/11 Residential letters sent to customer to confirm level of service 03/01/11 Begin delivery of new carts for customer who did not respond to service level at default service levels 03/15/11 CNG Station Fully Operational 03/15/11 Driver Training Module 2(Saturday mid March) 03/30/11 Driver Training Module(s)3&4(Saturday late March) 04/01/11 Recycle Coordinator follow up site visits begin 04/01/11 Route validation and adjustments as contract begins I Attachment J - Implementation Plan Page 14 i 1 SAttachment K Operations Plan I I t i t i SOLID WASTE CONTRACTS OPERATIONS PLAN City of Kent & 1 Allied Waste Services (Version 7/8/2010) CONTENTS Introduction............................ .. .... ..................... . .. . . . . ...................... .. 4 1 Residential Collection ... ................... ... ............................................... .. 4 1.1 Garbage Collection.... ......... ...... . .. ................ . ... .. . ...... .. . .4 1.2 Recycle Collection .... ........ . .. . ............................... ...... .... .4 1.3 Organics Collection. .. ......................... . ................ ..4 1.4 Motor/Kitchen Oil Collection ....... . . . . . .. ... ........ ....... .5 1.5 CFL/Fluorescent Light Bulb Collection ... .................... . . ... ..5 1.6 Fuel for Collection Vehicles....... ... . .......... . .............. ........... . 5 1.7 Limited Access Collection .... . . . . . . . ............................ 5 1.8 Container Placement for Collection Service. ......... .............. ... 6 1.9 Additional Waste (Extras)... ..... .................. . ... .................... 6 1.10 Missing Carts on Service Day(Not Out)... .. .. . . . ... .............. . 6 1.11 Contaminated Waste ... . . . .... . .. ................ . . .. 6 1.12 Delinquent Accounts .... .. . . . . .......... .. .... ... ..... . 7 113 Paid Special Collections (Special Pick Ups/ Bulky Items)........ .... 7 1.14 Driver Services Management(DSM) . .. . .. . .. ................7 115 Semi Annual Clean Up Events . . . ... . .. . .......................... 7 1.16 Collection Location Change-Customer Generated .8 1.17 Collection Location/ Routing Changes-Contractor Generated.....8 CFeatedon 5/19/2010 10:50-00 AM i ' 2 Commercial&Multi-Family Collection. .. .. . ... . .. ... . .. . . .. .. .. 9 2.1 Front Load Garbage Collection .. ............ ..9 2.2 Recycling Coordinator . .. . .. .... ... 9 2.3 Fuel for Collection Vehicles .. ................ .. . .... .. . .. ........ .9 2.4 Limited Access Collection 10 2.5 Container Placement for Collection Service (Blocked/ Roll Out) 10 2.6 Garbage Not In Company Container (Extras) 10 2.7 Missing Containers on Service Day (Not Out/ Locked Gates).. 10 2.8 Driver Services Management (DSM) . . . . .. . . .. . . 11 1 ii 2.9 Paid Special Collections (Special Pick Ups/ Bulky Items) ... 11 2.10 Collection Location Change-Customer Generated. .. .. . ... .. .. 11 2.11 Collection Location/Routing Changes-Contractor Generated . 11 3 Roll-Off Collection . . .. . ........... 12 3.1 Roll-Off Garbage Collection ..... ................. ... . . .. . ... . ....... 12 32 Fuel for Collection Vehicles..... .... . .... ... .. . ... ... .... .. 12 3.3 Container Placement for Collection Service ... ....... . 12 34 Garbage Not In Company Container . ...... 13 3.5 Missing Containers on Service Day ........... .... . ... ................ . 13 3.6 Driver Services Management(DSM) 13 3.7 Collection Location Change-Customer Generated 13 3.8 Collection Location Change- Contractor .............................. . . 13 4 Containers and Other Services .. .......... . .. ............. 14 4.1 Container Delivery . . . . ... . .. . ........... ..... . ........ . ...... 14 4.2 DeliveryTimehne Expectations.......................................... .. 14 4.3 Special Events Where Containers are Needed ........................ . 15 4.4 Container Condition/ Replacement Protocol...... . ........ ... .. . 15 45 Recycling of Retired Containers. .......I . . . . . 16 4.6 Post Consumer Product Content Standards for Containers . ..... 16 4.7 Street Sweeping. . . . . .. ... . ...... . ................... . ... 16 48 Enclosure Cleaning Services...... . ...... . ............ . .. . . 16 4.9 Compressed Natural Gas (CNG) Fueling Station ...................... 16 5 Vehicle Maintenance . ...... .. .. . .. ..... 17 6 In climate Weather/ Disaster Relief/Etc.. . . ........ 17 6.1 Weather Related 17 6.2 Construction Related.. 17 6.3 Natural Disaster(Flood or Excessive Weather) .. . . ..... .. . ...... 18 7 Customer Service and Account Data . .. ................ .. . ......... 19 7.1 Customer Data File Specifications. 19 7.2 Priority Service Orders . . . 19 7.3 Exceptions&Service Order Responses... .... ............. . . 19 7.4 Service Changes and New Accounts ....... 20 i 7.5 Billing Protocols 20 E Opers tsonwfl#n Draft 5 10 10 i 7.6 Delinquent Accounts.. . . . ...................... ........... . .. . . .. 21 8 Customer Dispute/ Issue Resolution.. ................... . . . .............. 22 81 Photo Documentation....... .... ...... . . .... ... .............. . 22 8.2 Illegal Dumping Solutions Commercial ....... ... . .......... .. 23 83 Illegal Dumping Solutions Roll Off . ....... ... ... .. ... . ..23 9 Community Ongoing Outreach ..... ... . . ........... .... ...... . ..... ...... . . .. 24 9.1 Allied Waste's Continuing Commitment. . . .. .......... . ..... . 24 10 City Reporting............ .. . ............................ .... .................................. 25 l 1 1 Operations Plan—Draft 5 1010 i Allied Waste shall provide the services contained in this document to the residents and businesses of the City of Kent The City of Kent or Allied Waste may amend this plan only if by mutual consent of both parties. An example of an amendment may be in operating a pilot program for some alternative service level or delivery method. 1 Residential Collection 1.1 Garbage Collection 1 • Contractor will collect garbage weekly at curbside. Additional garbage (extras) above customers' established service level will be billed in 32 gallon increments. • Garbage must be placed in contractor owned carts.--Service options will include the following sizes: 13 Gallon,20 Gallon, 32 Gallon,4S Gallon, 64 Gallon,or 96 Gallon carts. • Trucks with automated arms for collection will be deployed that utilize CNG fuel and are able to comply with State and Local regulations. • Garbage carts will be gray. 1.2 Recycle Collection • -Contractor will collect recycle-every other week at curbside. Included in the customers'base - rate are reasonable unlimited recycled material collections at no extra charge. • Recyclable materials are to be placed in contractor owned darts. Service options will include the following sizes: 32 Gallon, 64 Gallon, 96 Gallon container sizes. • Trucks with automated arms for collection will be deployed that utilize CNG fuel and are able to comply with State and Local regulations. • Recycle carts will be blue. 1.3 Organics Collection • Contractor will collect organics every other week at curbside. Included in the customers'base rate are 96 gallons of organics/yard debris service at no extra charge. • Organic materials are to be placed in contractor owned carts Additional yard debris maybe collected in bundles,bags, or customer owned cans. Food waste must be collected in contractor owned carts Organic materials in excess of the 96 gallon level (extras) will be billed in 32 gallon increments Service options will include the following sizes: 13 Gallon, 32 Gallon, 64 Gallon, 96 Gallon container sizes • Trucks with automated arms for collection will be deployed that utilize CNG fuel and are able to _ comply with State and Local regulations. Operations Plan—Draft 5 1010 4 • Organic carts will be green. 1.4 Motor/Kitchen Oil Collection • Motor and Kitchen oil will be collected at curbside by placing a screw top container of approximately 1 gallon increments near the cart on collection day(limit 5 gallons per pickup). • Collection vehicles will be outfitted with containment units built to safely transport the oil without contamination. 1.5 CFL/Fluorescent Light Bulb Collection • Customers will request the City approved bags for CFL bulb collection from Allied Waste Customer Service Allied Waste will mail the bag(s)to the customer within 48 business hours of the customer's request. CFL Bulbs,sealed in approved bags,will be collected at curbside on the regular collection days. • Collection vehicles will be outfitted with containment units built to safely transport the bulbs without contamination. • Collection of larger fluorescent bulbs must be arranged by the customer by calling Allied Waste. • Collection vehicles will be outfitted with containment units built to safely transport the bulbs without contamination. 1.6 Fuel for Collection Vehicles • Collection vehicles will utilize CNG for fuel • Support vehicles will utilize, at a minimum, B20 Diesel. • Backup vehicles if not CNG will utilize,at a minimum, B20 Diesel. 1.7 Limited Access Collection • Limited access areas (alleys, narrow roads,etc) will be serviced by the contractor. The contractor may utilize a smaller collection vehicle or support vehicle to facilitate collection in these areas. • The collection of each waste steam will be kept separate and dumped out at the appropriate transfer station or dump. • These vehicles will comply with Diesel B20 requisites. Operations Plan—Draft 5 10 10 5 1.8 Container Placement for Collection Service • Carts are to be placed at the curbside by 7AM scheduled on collection days no more than 5 feet from the road Contractor will work with customers Celderly, disabled, etc) needing additional service to facilitate appropriate cart placement. • Access to the cart shall not be impeded by cars,or other obstructions on collection day. 1.9 Additional Waste(Extras) • Garbage extras will be billed if the cart is overfilled and the lid is open 6" or more. a Included in the customers'base rate are reasonable unlimited recycled material collections at no extra charge. e Organics/Yard Debris extras will be billed above the included 96 gallon capacity included in the base rate in 32 gallon increments. • A customer on"no extras status"that have an overfilled cart,or extra lifts outside the cart,will have their cart tagged, recorded in book,and left uncollected unless they have made prior arrangements through customer service to collect it. Any uncollected additional lifts may be picked up by paid return trip should the customer request it on any other day besides their normal collection day. Otherwise they will have to give permission to collect the extras on the next pick up cycle. • Residential extras are recorded by the driver into their route book. Once the route books are turned in to DSM the items are keyed into the database that same day. The database will then charge the customer according to the rates set up on the account An invoice informing customers that there were extras charged to their account is sent out automatically on a monthly basis. 1.10 Missing Carts on Service Day(Not Out) 1 6 Customer carts must be out for collection when the driver is there on collection day. Carts that are not out, for whatever reason,will be recorded as "not out"by the driver in their route book. Route books are turned into DSM and then the item is keyed into the database Cans not out are still subject to the normal service fee per month as a regular collection. I1.11 Contaminated Waste • Waste streams must be segregated in to the appropriate waste stream container or collection may be refused. For example,yard debris is not allowed in the garbage waste stream. Food debris is not allowed in the recycle waste stream. ' • Containers with contaminated waste streams will be tagged noting the contamination issue. A route book note will also be recorded by the driver The note will be keyed into the database by DSM and then customer service will call the customer to explain the issue and how to resolve the situation. Customers may choose to offload the contaminated debris and request a one time courtesy pickup to complete the collection If the customer has used the courtesy return trip then any further instances shall be paid return trips Operations Plan—Draft 5 10 10 6 t 1.12 Delinquent Accounts • Non-paying customers shall not receive collection services. Each route book prints out on the cover sheets all of the suspended and closed accounts for the day. These items are also removed from the route books and are not collected by the driver. Customers that call in and pay before noon on their normal service day can expect that the driver will be sent back the same day to collect. If the customer pays after noon then the collection will occur the next day for a fee or the next collection day. 1.13 Paid Special Collections(Special Pick Ups J Bulky Items) • Customers may request a special pickup for a fee during normal collection days and hours Special pick ups are acted on within the next business day or on the requested date. • Customers may request a bulky item pickup for a fee during normal collection days and hours. Bulky item pickups must be set out on private property and accessible for collection. 1.14 Driver Services Management(DSM) • Driver paperwork is turned in to the DSM agent at the end of every route day and includes all activity recorded for the day(i.e.carts not out,extras,blocked carts,etc). • DSM agent(s) translate the notations from the route books into the database that same day. Once in the database all Allied Departments have visibility over the activities of the routes • Open issues are then routed through the database to the appropriate staff to resolve. Open issues are monitored by management to ensure timely resolution. 1.15 Semi Annual Clean Up Events • An annual Fall and Spring Clean-up program will be provided to residential customers On a day agreed upon by the City and the Contractor,the Contractor shall collect additional wastes from , all Single Family Residential customers within the City Service Area.Each resident shall be allowed to place additional Garbage and Yard&Food Waste at the curb for special collection at no extra charge , i Operations Plan—Draft 5.10 10 7 i 1.16 Procedures for Cart Collection Location Change-Customer Generated 1 • Customers may at any time request a site survey to determine whether there is alternate location to locate their cart for service. A note is entered into the database to be resolved by staff within 48 business hours 1 • Within 48 business hours management will contact the customer and/or visit the site to assess the situation. Private roads may require hold harmless letters be signed by residents along that street before a new location can be installed. 1.17 Procedures for Cart Collection Location/RoutingChanges- Contractor Generated • Location change recommendations may be made by contractor. In cases where safety is the cause of the recommendation then a priority note in the database and the Division safety representative will get involved. • Effected customers will all be contacted about the proposed changes. A mutual resolution will be reached In order to resolve issues,the contractor will provide for as many options as possible for a remedy as is reasonable,such as smaller collection vehicles or adjustments to daily routing to accommodate reasonable changes while still providing uninterrupted services to the customers. Should good faith efforts fail to resolve the disagreement the contractor will address the issue with City staff. • The Contractor may change the day of collection by giving notice at least thirty (30) days prior to the effective date of the proposed change and obtaining prior written approval from the City On the City's approval,the Contractor shall provide affected Customers with at least fourteen (14) days prior written notice of pending changes iOperations Plan—Draft 5 1010 8 2 Commercial & Multi-Family Collection i 2.1 Front Load Garbage Collection • Contractor will collect garbage on a schedule agreed upon with the customer. Additional garbage (extras) above customers'established service level will be billed in 1 yard increments. • Collection vehicles will be deployed that utilize CNG fuel and comply with State and Local regulations. • Service will be provided to Front Load style dumpsters that are gray and labeled with the addresses,and all other appropriate care and use decals. • Collection routes will be built to avoid residential neighborhoods before 7am and after 6pm. All other serviceable stops outside of residential homes have flexibility to be serviced during times _ of peak efficiency and safety. • Drivers will report container conditions that do not meet requirements (graffiti,disrepair). • Service will be provided to 1 yard, 1.5 yard, 2 yard,3 yard,4 yard,6 yard,and 8 yard containers. 2.2 Recycling Coordinator • A recycling coordinator will be hired in order to facilitate an increase in diversion from garbage to recycle throughout the City commercial and multi-family accounts. • Programs will include,but are not limited to,school education, community outreach, and more. The coordinator will work closely with the City and the Community to promote a green environment Coordinator will be given diversion goals to measure performance. 2.3 Fuel for Collection Vehicles • Collection vehicles will utilize CNG for fuel. • Support vehicles will utilize,at a minimum,B20 Diesel. • Backup vehicles if not CNG will utilize,at a minimum, B20 Diesel. Operations Plan—Draft 5.10 10 9 2.4 Limited Access Collection • Limited access areas (alleys,narrow roads, etc) will be serviced by the contractor The contractor may utilize a smaller collection vehicle or support vehicle to facilitate collection in these areas. t • The collection of each waste steam will be kept separate and dumped out at the appropriate transfer station or dump. [ • These vehicles will comply with Diesel B20 requisites. 2.5 Container Placement for Collection Service (Blocked/Roll Out) • Blocked containers,and other inaccessible containers situations are immediately reported to dispatch via cell/Nextel after a good effort by the driver to remedy the situation such as talking to the customers. • Dispatch immediately attempts to resolve the situation by calling the customer while the driver is still on site. A note is then entered by dispatch into the computer immediately following the report with specific information about the event such as car type that is blocking the container or a description of the obstruction so that when a customer conversation takes place it can be addressed. The driver also records this information in their route book. • Ongoing issues with accounts are escalated to operations management to be remedied. 2.6-- Garbage Not In Company Container(Extras) -- • Garbage left on the outside of the container will be collected for a fee. Clean up fees are billed in 15 minute increments. Repeatedly overflowing accounts are noted and customer service/sales will follow up with customer in order to establish more appropriate service levels 0 Extras charges are recorded in the drivers' route book and later entered into the database at the end of the day once the DSM process checks the driver in. 0 Pictures of all commercial extras will be taken and saved each night to a secure drive on the contractor servers. , • Contractor will clean up messes made while dumping at no charge to the customer. 2.7 Missing Containers on Service Day(Not Out/Locked Gates) • Locked gates or situations where the customers have failed to roll out their containers/carts, and other inaccessible containers/carts situations are immediately reported to dispatch after a t good effort by the driver to remedy the situation such as talking to the customers Customer containers/carts must be out when the driver is there on their day of service. Containers/carts that are not out, for whatever reason,will be recorded as"not out"by the driver in their route book Route books are turned in to DSM and then the item is keyed into the database. Cans not out are still subject to the normal service fee per month as a regular collection Operations Plan-Draft 510.10 10 1 2.8 Driver Services Management(DSM) t • Driver paperwork is turned in to the DSM agent at the end of every route day that includes all activity recorded for the day(i.e.carts not out, extras,blocked containers, etc). • DSM agent(s) translate the notations from the route books into the database that same day. Once in the database all Allied departments have visibility over the activities of the routes. • Open issues are then routed through the database to the appropriate staff to resolve. Open issues are monitored by management to ensure timely resolution. 2.9 Paid Special Collections(Special Pick Ups/Bulky Items) • Customers may request a special pick up for a fee during normal collection days and hours. Special pick ups are acted on within the next business day or on the requested date. • Customers may request a bulky item pick up for a fee during normal collection days and hours. Bulky item pick ups must be set out on private property and accessible for collection. 2.10 Procedures for Cart/Container Collection Location Change-Customer Generated • Customers may at any time request a site survey to determine whether there is alternate location to locate their cart/container for service. A note is entered into the database to be resolved by staff within 48 business hours. • Within 48hrs management will contact the customer and/or visit the site to assess-the -- situation. Private roads may require hold harmless letters be signed by residents along that street before a new location can be installed. 2.11 Procedures for Cart/Container Collection Location/Routing Changes-Contractor Generated • Location change recommendations may be made by contractor. In cases where safety is the cause of the recommendation then a priority note in the database and the Division safety representative will get involved • Effected customers will all be contacted about the proposed changes. A mutual resolution will be reached • The Contractor may change the day of collection by giving notice at least thirty(30) days prior to the effective date of the proposed change and obtaining prior written approval from the City, which shall not be unreasonably withheld On the City's approval,the Contractor shall provide affected Customers with at least fourteen (14) days prior written notice of pending changes. Operations Plan—Draft 5 10 10 11 3 Roll-Off Collection 3.1 Roll-Off Garbage Collection • Roll off service will employ vehicles with a cable reeve system to raise and lower detachable boxes from the boom. • Roll off service is run 7 days a week • This service will follow the noise ordinance requirements from the City and will stay out of residential neighborhoods after 6pm and before 7am 1 • Vehicles deployed will utilize CNG fuel and are able to comply with State and Local regulations. • Service will be provided to both compactors and non-compactors. The contractor does not own any compactors but provides service to its own non-compacted boxes. Sizes available to the customer will be 10 yard, 20 yard, 25 yard, 30 yard,and 40 yard • Contractor will work closely with the customers on an ongoing basis to adjust frequency of service levels that will allow for compliance with overweight regulations in the state of Washington 3.2 Fuel for Collection Vehicles • Collection vehicles will utilize CNG for fuel. • Support vehicles will utilize, at a minimum, B20 Diesel. • Back up vehicles if not CNG will utilize,at a minimum, B20 Diesel. 3.3 Container Placement for Collection Service (For Set-Down and Pick-Up) • Roll off trucks need a certain amount of space in order to drop and/or retrieve the detachable box or compactor. At a minimum there must be 50 feet of draw distance,no over height obstructions such as wires or trees,and be at least 14'wide on the path to and from the container. • Steep hills are not safe locations for roll off containers to be serviced. • Containers will be dropped on private property,whether commercial or residential, and may require a hold harmless to be signed before setting the container down. 1 I Operations Plan—Draft 5.10 10 12 a s 3.4 Garbage Not In Company Container • Debris left on the outside of the container will be collected for a fee. Clean up fees are built in 15 minute increments. 3.5 Missing Containers on Service Dav • Situations where the container is not able to be serviced are immediately reported to dispatch after a good effort by the driver to remedy the situation such as talking to the customers In such case,the customer may be charged a haul fee. 3.6 Driver Services Management(DSM) • Driver paperwork is turned in to the DSM agent at the end of every route day and includes all activity recorded for the day (Le blocked containers,etc) • DSM agent(s)translate the notations from the route books into the database that same day. Once in the database all Allied Departments have visibility over the activities of the routes. • Open issues are then routed through the database to the appropriate staff to resolve. Open l issues are monitored by management to ensure timely resolution. 3.7 Procedures for Collection Location Change -Customer • The customer only needs to call to arrange for a relocation order. Upon request the driver will be dispatch to relocate the container per the customer's instructions. • Should the new site prove to be inaccessible then the driver will radio dispatch and dispatch will call the customer while the driver is still on site. 3.8 Procedures for Collection Location Change -Contractor • Location changes are often recommendations made by drivers via communication with dispatch. In cases where safety is the cause of the recommendation,priority is placed on this and may include the division safety manager to resolve. • Typically,the customers will all be called who are affected by the recommendation with the intent of gaining customer assistance to right the situation. In cases where the issue escalates, operations management will get involved and action the driver notes themselves • Within 48hrs management will contact the customer and/or visit the site to assess the situation. • Often site visits are needed,though not in every case. Operations Plan—Draft 5 10 10 ' 13 r 4 Containers and Other Serv"ices 4.1 Container Delivery • Residential cart delivery is carried out by using moving van style trucks that are painted and decaled with the company name and colors. New and refurbished carts are loaded into the truck and unloaded using either a side door in the box or a lift gate on the back of the truck. • Residential cart delivery trucks comply with the diesel B20 emissions standards and are cared for using pre-and post-trip inspections as any other commercial vehicle • Residenpal cart delivery trucks will also deliver carts to commercial and multi-family locations. • Commercial container delivery will be handled using a fork style truck that is painted and ' decaled with the company name and colors. New and refurbished containers will be loaded up onto the forks as many as two at a time Flags are set out on the tips of the forks to communicate their present in traffic even though in the upright position • Commercial container delivery trucks comply with the diesel B20 emissions standards and are cared for using pre-and post-trip inspections as any other commercial vehicle • Commercial container delivery trucks will also deliver containers to residential and multi- h family locations as requested. �I • Roll off container deliveries are handled using a roll off truck. The vehicle employs a cable reeve system that pulls the containers onto the truck. • Roll off trucks will utilize CNG fuel. Any back up truck will comply with the diesel B20 emissions standards and are cared for using pre-and post-trip inspections as any other commercial vehicle 4.2 Delivery Timeline Expectations • Residential cart orders will be delivered within 7 business days of the customer's first day of service • Commercial containers will be delivered within 3 business days or on the customer's requested date. • Roll off containers will be delivered on or before the day of requested service. 1 Operations Plan—Draft 5.10.10 14 4.3 Special Events Where Containers are Needed f • Contractor acknowledges that there have been needs for special containers to be delivered. Storm debris clean ups, parades,festivals, demolitions and etc may require a temporary drop box to be delivered. 4.4 Container Condition/Replacement Protocol • Drivers are expected to report on the condition of the containers on route. All drivers will record in their books the need to replace or repair a container on their route. • Once the route books return to the DSM the items recorded will be entered into the database for exchange or delivery. • Address and/or care labels can also be either mailed to the customer at the driver's request. • Commercial drivers will monitor closely for the condition of the cans. Leaking or broken containers will be called into dispatch for immediate action. The driver will also record the need in their route book • Containers needing to be painted or touched up are called out to the driver of the fork truck, who carries paint in the truck box. ' • Once the commercial route book returns to the DSM the items will be entered into the database. • Organics carts will be washed on site at the customer's request once a year by using a mobile cart cleaning service per the contractor's schedule. • Front load containers may be swapped or replaced for cleaning at the contractor's location as needed. Operations Plan—Draft 5 10 10 15 4.5 Recycling of Retired Containers 1 • To be as eco-friendly as possible, our vendors have set up a program in conjunction with Allied Waste to create a 100%recycling program for retired carts and front load containers. • Plastic carts and front load containers are disassembled on site and stacked neatly for loading into a trailer The metal parts are sent to the metal recycling container while the plastic bodies are shipped off to be ground up and re-used in future containers or sold on the market for other uses. • Existing steel front load containers and roll off containers are bundled together and brought to a local steel recycling plant to be melted down and returned any manufacturer who purchases it. 4.6 Post Consumer Product Content Standards for Containers L • Carts and new plastic front load containers are made from up to 50%recycled material 4.7 Street Sweeping • As an additional service,contractor will utilize a street sweeping vehicle to sweep the City core. This will include the alleyways in that zone. Street sweeping will have to be coordinated to avoid busy times of day 4.8 Enclosure Cleaning Services • At the customer's request,contractor will arrange for an enclosure cleaning using a high powered pressure washer vacuum unit. 4.9 Compressed Natural Gas (CNG) Fueling Station 1 • Anew CNG fueling station will be built at the Kent location This station will be linked to a port at each parking spot in the fleet so that trucks can be fueled over night once plugged in • There will be a fast-fill fueling station that will be made available during business hours to the City to fuel any of their compressed natural gas vehicles The fueling station will be equipped with a card lock or meter system to facilitate billing the City for usage. IOperations Plan—Draft 5 10 10 16 r 5 Vehicle Maintenance (Spillage and Etc) • Drivers monitor their vehicle throughout the day to observe action items that impact the environment. At the beginning of the day and at the end of the day drivers will perform an inspection of their vehicle to identify possible condition problems. Any items found in the morning are immediately corrected by the shop prior to the truck leaving the yard Items found at the end of the day are written up on a Vehicle Condition Report(VCR) and turned in to the shop for corrective action before the truck leaves the yard again • Each vehicle is equipped with spill kits that are capable of containing most liquid spills the ' driver would face in a day For any spill,drivers will follow a prescribed spill response procedure. Spill kits are also located around the contractor facility for on site spills. • Each collection vehicle has a Driver Alert decal enabling the community to report any issues noted with that vehicle. Driver Alerts are resolved immediately. • All employees received annual training with spill prevention,and corrective procedures depending on the nature of their job MSDS sheets are also available 24 hours a day. • All hazardous chemicals are stored in secondary containment to prevent it getting into the environment. • Larger spills on site or out in the field are cleaned up by a 24hr response service specializing in environmental cleaning r 6 In climate Weather / Disaster Relief/ Etc 6.1 Weather Related(Typicall�Seen) r • The contractor will work closely with the City to design situational responses such as plow schedules,relief drop box locations,and/or customer communication. 6.2 Construction Related • Construction crews and/or the City will supply the contractor with information regarding road closures due to construction allowing the contractor to implement temporary routing strategies to ensure that customers are serviced • When a construction issue is identified by the driver,there is some freedom to adjust in real time So long as all customers have their residential carts out by 7AM then most customers ' should experience no loss of service The exceptions would be those who are completely inaccessible due to the construction. Operations Plan—Draft 5 10 10 17 r 6.3 Natural Disaster(Flood or Excessive Weal herl • Weather- Key contacts during adverse weather General Managers for the collection companies will notify the City Contract Manager prior to 6 a.m with any plans to cancel services that day. • Response Measures to a weather related delay(Customer Service): ➢ Email notification to all customers who have provided Allied Waste Services with active email addresses Messages advised services would be delayed or suspended,an informed customers how to handle the resulting accumulation of garbage,recycling and yard waste Information to Kent residents will be Kent specific. ➢ Voice message notification to residential customers informing them when collect was scheduled to resume that is Kent specific. ➢ Website updates provided inclement weather service suspension information and location of emergency collection sites specific to Kent. ➢ Incoming customer service numbers included daily updates to keep customers advised of changes ➢ Customer email was answered remotely when Customer Service Office was closed. ➢ City of Kent staff apprised daily of status of service no later than 8.00 AM Local motels may be used to house employees near to the facility in order to continue service to the extent possible as well as to provide employees with a safe place to stay during severe weather. • Response Measures to a weather related delay(Operations): ➢ Supervisors will survey area before drivers'scheduled shift start to determine areas we were able to reach safely to minimize missed collection ➢ Drivers provided dispatch with timely feedback on unserviceable areas,and areas serviceable only with alternate approach. ➢ Supervisors provided ongoing updates to customer service on late running and suspended service routes. ➢ Emergency collection sites were established and manned to collect accumulated amounts of garbage and recycling for customers at no charge to them ➢ Establish emergency collection site in safe location in instances where Allied Waste is unable to collect garbage for two consecutive weeks. (Suggested site is Russell Road). ➢ Work closely with city to determine which streets if plowed will maximize collectible locations. ➢ Possible suspension of yard waste collection to enable added recycle collection support. r Operations Plan—Draft 5 10 10 18 • Late Collections-The Contractor shall notify the City,via telephone,before 2:00 p.m.of Contractor's intent to collect past S.00 p.m This notification will include reason for late collection,type of collection (garbage,food/yard waste and/or recycling), projected completion time and the boundaries of area(s) to be collected late. • Republic/Allied Waste Services is committed to maximizing communication with the City of Kent staff, Kent's residents and businesses to provide-continuous updates in inclement weather situations Our goal is to provide the maximum level of service possible while ensuring the safety of Kent's residents,businesses and our drivers when emergency situations occur. 7 Customer Service and Account Data 7.1 Customer Data File Specifications • Contractor will be using its own database (InfoPro)to holdand manage all customer information. 7.2 Priority Service Orders • From time to time situations come about that require immediate attention (oil spills,other dangerous situations,etc) In these instances,aside from generating the appropriate service order,Customer Service Staff will contact the operations manager,either by phone call,fax or e- mail to arrange for expedited resolution. 7.3 Exceptions&Service Order Responses - - • Contractor will conduct yearly and random audits of the customer base to ensure that container sizes are set up correctly for what is being serviced in the field. • This audit will also identify safety hazards or street maintenance issues such as low wires or overgrown alleys to be reported to the City for remedy r r Operations Plan—Draft 5 1010 19 r r7.4 Service Changes and New Accounts • Customers can set-up new accounts by calling into the Call Center or by visiting the Allied Waste website and filling out an account services form. Customers will have their accounts set- up for them at the time of the call • New customers receive New Customer information packets 2-3 days after starting up their service. • Customers are asked to provide keys and special instructions at the time of the new customer f set-up All special access notes are applied to the customer account both on the route sheets as well as in the customer account • Customers can modify services by calling the Call Center or going to the Allied Waste website. The new services will be verified and then put into the system for the next service day if possible • Customers can view Service Calendars, Invoices, payment information and pay invoices on our secure website by creating a user account. Customers can also receive all information by contacting the Call Center • Customers can make service requests from their on-line account or through a phone call to the Call Center. • Customers can request that their accounts be placed on Vacation hold up to 4 times a year. 7.5 Billing Protocols • Allied Waste is responsible for all billing and collection of receivables. • Allied Waste will bill residential customers on a quarterly cycle and commercial customers If monthly. • Customers will have ability to mail payments,make payments online,or drop payments off at the Kent office. i 1 1 rOperations Plan—Draft 5 1010 20 r 7.6 Delinquent Accounts t All past due amounts that accrue from the services provided by the Contractor under this Contract will be pursued for collection by the contractor for a ninety (90) day period as follows: (1) If no payment has been received at thirty (30) days from the date of the original invoice, send a letter with dunning message and late penalties and interest; (2) If no payment has been received at forty-five (45) days from the date of the original invoice,send a collection letter; (3) If no payment has been received at fifty-five (55) days from the date of the original invoice,send intent to suspend letter,and call the customer; (4) If no payment has been received at sixty (60) days from the date of the original invoice, call the customer and notify the customer that service is being suspended, place the account on suspension and notify the City; (5) If no payment has been received at seventy-five (75) days from the date of the original invoice,close the account,and schedule container removal,send final collection letter, (6) If no payment has been received at ninety (90) days from the date of the original invoice, the account will be written off and the balance,including accrued interest,will be forwarded by the Contractor for collection. The Contractor will notify the City in writing of the closed account and forward customer account history information for the City to pursue code enforcement action. r Operations Plan—Draft 5 10 10 21 8 Customer Dispute / Issue Resolution • Upon notification of an issue the contractor will note the issue in the database for staff to resolve. j • Misses—Upon customer notification that they were missed customer service researches the driver notes to determine whether the can was marked"not out". If the cart was marked"not out"then a courtesy trip is scheduled and the customer is informed of set out times and cart placement policy If there were no driver notations then a return trip is scheduled within 24 business hours. If the customer call is received prior to 12pm,the miss will be collected the same day. • Extras—Upon notification of an extra collection by the driver the additional charge is billed. If the customer disputes the extra customer service works with the customer on the extras billing policy and comes to a mutual agreement. If the customer wishes to be placed on a"no extras status"then the agent will educate the customer that should their cart be overfilled it may lead to non-collection of the cart • Issues—Customer service issues are tracked through the database. All open issues are expected to be resolved within 48 business hours and are monitored daily. I 8.1 Photo Documentation • The City may require the Contractor to photograph repeatedly disputed collections and to provide the City with clear documentation to help resolve ongoing disputes of fact between collection drivers and customers. • The Contractor shall provide each commercial collection vehicle with a camera to allow the Contractor to digitally photograph and digitally transmit such documentation to the photo storage electronic folder All such photographs will be marked with a date'and time stamp and referred to should there be a question from the customer regarding charges. i I t 1 Operations Plan—Draft 5 10.10 22 8.2 Illegal Dumping Solutions Commercial • Locks may be provided for the containers that would attach to a lock bar that fits over the top of the lids of the front load container. The contractor and the customer would each have a copy of the key Contractor can provide locks with keys and lock bars (the container may have to be temporarily removed or exchanged in order to outfit a lock bar). • Customers may also request to be placed on a status in the computer where there are to be no extras collected unless prior authorization occurs If this is the case,then a note appears automatically on the drivers'books. If the customer is on a"no extras status"and they have an overflowing container they may not be collected • Customers may build enclosures that are locked in order to keep unwanted material out of container Contractor can supply the locks and keys. • In some situations,with the larger containers,a flat top container with a lockable side door can be provided • Metal lids can also be fitted to the containers for the most serious of situations. Metal lids have locking chains built on to them The metal lids are the last option typically visited because of the weight of the lid. 8.3 Illegal Dumping Solutions Roll Off • Illegal dumping can be regulated through the use of heavy steel or mess lids that require a crank to lift open The lid can then be locked. • Locked lids using locks other than those owned by the contractor may be cut off as needed or when the container is removed from site It is preferable to use contractor locks on all company owned containers. • Service is provided to enclosures so long as it is large enough to allow for access and the gates remain open. i �r i Operations Plan—Draft 5 10 10 23 9 Community Ongoing Outreach 1 9.1 The following list illustrates Allied Waste's continuing commitment to increase communication levels with the community. • Container Labeling. Do/Don't Decals • Billing Inserts • Program/How-To Information t • Allied on the Web • Public Events • Kitchen Pail with Organics/Yard Debris Cart Delivery • Motor Oil Recycling Kits • Recycling Campaign • Multi-family Recycling Tote Bags • Schools Programs Operations Plan—Draft 5 10.10 24 10 City Reporting • By the 15th of each month, for the month prior,the contractor will submit to the City the following reports: overweight loads,misses,accidents/infractions,tonnage,and customer count with service levels,participation levels, and customer complaints. • Complaint Log-Report is an account for all resolutions to customer complaints from each t department. Logs shall include. Customer/Business and City Staff name,service address, contact phone number, date of complaint,description of complaint, how the complaint was received, description of how complaint was resolved, date of resolution, and any other driver notes. • Tabular Account List-Report is a list of all single family,commercial, and multi-family accounts • Participation Levels- Report is a compilation of statistics surrounding participation in each service based off of set out rates for residential. Report also requires a summary of multi-family and commercial participation in recycling programs including those who participate in cart recycle service. • Tabular Service Levels - Report accounts for all customer accounts by service level and collection frequency for all customers (except roll off). • Tonnage- Report summarizes quantities of disposal weight monthly and year-to-date for garbage,recycle,organics/yard debris. • Recyclables Summary- Reports summarizes the quantities of recyclables by collection sector and by commodity including processing residues disposed and market prices. • Tipping Stations-Report identifies all tipping stations used and the quantities sent to each for every line of business. Report will also include any processing changes that took place at that site if any or any changes to tipping fees. • Accident Report- Report describes any vehicle accidents or infractions imposed against on- duty employee drivers. • Customer Changes-Report describes any changes to customer routing, containers,vehicles,or customer service from existing methods that effect the provision of service. • Miss Log-Report identifies all the collection misses incurred by the contractor. • Overweight-Report indicates the date,time,vehicle number,total weight,and weight exceeding weight limits for any overweight vehicle • Workshops-Report summarizes educational workshops that,includes the workshop outline, date,location, number of participants,and type and number of materials distributed. • Educational Programs- Report summarizes educational efforts for residential,multi-family, and commercial sectors. 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N. aa ny s ao PI s_ 41 Av s ++s to, 0 W 9-2 El Eff o .. ly .� y �� _ _ ,�.=-�`�� - �,r+N �'" ➢ A to 6 m w Q rA' Kent City Council Meeting Date August 17, 2010 Category Other Business - 7C 1. SUBJECT: SHOWARE MARQUEE L 2. SUMMARY STATEMENT: The Lodging Tax Advisory Committee is in support of using reserve funds to purchase a marquee for the ShoWare Center, not to exceed $225,000. iThe state of the art marquee is a video message board that will be positioned on the plaza at the west side of the area, and will be visible to approximately 23,000 vehicles per day. i t ' 3. EXHIBITS: Memo dated 8/17/10 and Lodging Tax Advisory Committee minutes of 8/2/10 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) I S. FISCAL IMPACT Expenditure? Yes Revenue? Currently in the Budget? Yes X No i6. CITY COUNCIL ACTION: Counalmember moves, Councilmember seconds Authorize the use of the Lodging Tax Reserve fund, not to exceed the amount of $225,000 for the purpose of acquiring a marquee for the ShoWare Center, and authorize the Mayor to take all actions necessary to complete the purchase and installation of the marquee. DISCUSSION: ACTION: ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director \N7 KEN T Phone: 253-856-5703 WASHINGTON Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 17, 2010 TO: Kent City Council Operations Committee FROM: Ben Wolters, Economic & Community Development Director THROUGH: Staff SUBJECT: ShoWare Marquee MOTION: Recommend that the Council authorize the use of the Lodging Tax Reserve fund, not to exceed the amount of $225,000 for the purpose of acquiring a marquee for the ShoWare Center, and to authorize the Mayor to take all actions necessary to complete the purchase and installation of the marquee. SUMMARY: The Marquee is a state of the art Video Message Board that will be positioned on the plaza at the west side of the arena in the area of the Flag Poles. The marquee dimension will be 9' high x 17' wide and approximately 20' from the surface to the bottom of the board. The display will be in color capable of full action video. The video pixels will be 20mm (video resolution) compared to our video scoreboard of 10mm. The 20mm is very common for an outdoor display. 1 The proposed structure for the board is a double sided video screen angled at 30 degrees that will be supported by a pole and will be visible to all traffic on James Street. The video boards will sit on top of a single pole structure. The video board will be visual to approximately 23,000 vehicles per week day. We will advertise all upcoming events and display advertising as permissible within city ordinances. This will improve the overall visibility of events at the ' center, be an added value to our current building sponsorship partners, and contribute to the successful operation to the ShoWare Center as a tourism related facility as defined in RCW 67.28.080(7). ' The Lodging Tax Advisory Committee is in support and recommends lodging tax reserve funds be used to purchase a marquee at ShoWare Center, not to exceed $225,000. The City Attorney has concluded the acquisition of the Marquee for the ShoWare Center is an allowable use of lodging tax revenue under RCW 67.28.1815 which authorizes the lodging tax. If you have any questions prior to the meeting, please call Kurt Hanson at 253- ` 856-5706 or Ben Wolters at 253-856-5703. EXHIBITS: Attached BUDGET IMPACT: Yes i Lodging Tax Advisory Committee August 2, 2010 Start Time 3:00 pm Centennial Conference Room 401 Committee Members Present: Chair, Les Thomas, Andrew Hutchinson, John Casey, David Kwok, Barbara Smith, Beth Sylves Others present: Ben Wolters, Julie Pulliam, Bob Nachlinger, Katherin Kertzman, Tim Higgins, and Steve Turlock ` Chair, Les Thomas called the meeting to order at 3:05 pm and gave a welcome to the new board members and introductions were made. ShoWare ShootOut/Hoop Fest Update - Steve Turcotte Steve Turlock reported on the success of the 1" annual Hoop Fest/ShoWare Shootout held at ShoWare Center. Start time was 7 am on August 7 & 8, 2010 and all spectators were able to enter for free. 150 teams signed up and were present. The largest category was competitive men. There were things for everyone to do ' including inflatables for the kids. ShoWare had lunch specials available for purchase to all at a price of $5. ShoWare along with Game Time will be doing a follow up on the status of who can, and how did you hear about the event. This will be important information for the future. All in all a very successful event, this will be returning next year. Chamber of Commerce Update - Andrea Keikkala absent Budget - Bob Nachlinger Bob reported the budget report is as of May 31, 2010. ShoWare Center Marquee Update - Tim Higgins opened up the discussion and handed out graphic illustrations of the possible marquee. The sign is comparable to the Emerald Queen, but not that large. Chair, Les Thomas wanted to hear discussion from the Committee to confirm there is still unanimous support for the topic; using Lodging Tax Advisory Committee funds to purchase a Marquee for ShoWare Center, but not to exceed $225,000. Discussion took place. Andrew Hutchinson had concerns the hotels would not get enough publicity or advertising along with concerns of not getting overnight stays from it. Leaving a question of what would be the return for the hotels on the investment. Les Thomas commented one of the most common questions he receives as a Councilmember is when we are getting a sign at ShoWare. Andrew Hutchinson Agreed it is important that Kent becomes a destination. David Kwok wanted to clarify the sign would be visible at night. Tim Higgins stated the sign will be running and visible 24-7. The question came up of the ' maintenance and lifetime of the sign. Beth Sylves stated the lifetime of a sign is approximately 10-15 years. Tim Higgins confirmed the maintenance of the sign will be the responsibility of ShoWare. Les Thomas asked if all committee members were in favor of the use of the Lodging Tax Committee reserves a vote was take and all were in favor. Les requested this item go to Operations Committee August 17 then on to Council also on August 17. Ben Wolters stated the funds have been ' accumulating in the reserves for a long time waiting for a reason, this is a good reason to expend the funds. The City Council has the option on how and where to use r the monies. Council would prefer a recommendation from the Lodging Tax Committee on how to use the money and this is the first one that has be referred to the Council for their authorization. David Kwok asked about the hotels being able to advertise on the sign. Beth Sylves stated it could happen in conjunction with an offer or promotion, which adds extra value to the advertising packages. A hotel could not just to advertise it availability. Motion: "It is the Lodging Tax Advisory Committee's opinion to move forward with the ShoWare Marquee project aware it does delete the reserves in the Lodging Tax Advisory Committee's reserve budget, but the committee feels the project is important enough to move forward with, and asks Council to authorize the use of these funds, but ' not to exceed $225,000". Barbara Smith moved and David Kwok seconded - Motion passes. A[ nroval of minutes - Beth Sylves moved to approve the minutes of the June r 24, 2010 meeting, John Casey seconded - Motion passes. Next Meeting Date- September 30, 2010 at 3 pm, Centennial North & South Conference Rooms (meeting time had to be changed to 2:00 pm due to meeting conflicts) September 30, 2010 agenda - 2011 budget. Adiournment - The meeting was adjourned at 3:48 p.m. Julie Pulliam Economic Dev. Administrative Assistant r r 1 r r r r Kent City Council Meeting Date August 17, 2010 ' Category Other Business - 7D 1. SUBJECT: COUNCIL PROCEDURES RESOLUTION 2. SUMMARY STATEMENT: On November 5, 2002, the City Council, pursuant to Resolution No. 1633, passed amendments to the existing rules and procedures that added Council President duties and responsibilities. Since passage of Resolution No. 1633, the City has undergone a reorganization combining and renaming various Council committees, and amendments are necessary to update current Council procedures. At the Council meeting of August 3, 2010, the proposed resolution was referred back to the Operations Committee for further consideration. Included in this packet you will find a track-changed version showing all edits made to Resolution No. 1633, and the final clean version presented for adoption tonight. This revised resolution is being presented to the Operations Committee the same night that it is proceeding to Council. ' 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: iCouncilmember moves, Councilmember seconds to adopt Resolution No. , repealing City Council Resolution No. 1633 and adopting revised rules and procedures for the City Council, City Council meetings, and meetings of Council committees. 1 DISCUSSION: ACTION: i r 1 i RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to rules and procedures for city council, city council meetings, and council committee meetings. RECITALS A. The city council, pursuant to Resolution No. 1562, established rules and procedures for the city council, city council meetings, and meetings of council committees. B. On November 5, 2002, the city council, pursuant to Resolution No. 1633, passed amendments to the existing rules and procedures that added council president duties and responsibilities. C. Since passage of Resolution No. 1633, the city has undergone ia reorganization combining and renaming various council committees, and council also wishes has determined to change the order of items on its ragenda. Also, additional amendments are necessary to update current council procedures. iFD. The city council desires to update and revise those rules and i procedures. 1 City Council Rules and Procedures Repeal & Adopt 1 r NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ' WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION a SECTION i, - Repealer. Resolution No. 1633 which amended r Resolution No. 1562 relating to rules and procedures for the city council, city council meetings, and council committee meetings is hereby repealed in its entirety. r SECTION 2. - Aoplicablhty. These rules and procedures eentaffied #ems-shall govern all meetings of the Kent city council and its committees unless suspended by the city council. Failure to fully conform to these rules and procedures will not render any action by the city council or any of its committees invalid. I. COUNCIL PRESIDENT - MAYOR PRO TEMPORE SECTION 3. - Term. The city council shall elect from its members a president of the council during the month of January in the even numbered i years on or before the second regular meeting of sat #that month. The council president 3oz ec shall serve a two-year term. SECTION 4. - Mayor Pro Temoore. The council president shall , serve as mayor pro tempore and shall preside at all meetings of the council when the mayor is not present. Alth,a ctl res:din as m; or pro temnpore the council president shall retain all powers and ricihts inherent to a councilmember and to the council president, includ€n without iim€tation, ' voting_ powers. The mayor pro tempore shall act as mayor and assume the 2 City Council Rules and Procedures Repeal & Adopt 1 r authority and perform the mayor's duties thefeof—wh e never there is a ' vacancy in the Office of the Mayor or the mayor is absent from the city or is unable for any eausereason to discharge the Mayor's---duties-af . The assumed duties shall include, but afe—not be limited to, acting as signatory to documents requiring execution by the mayor, issuing proclamations and declarations, and extending official recognition of groups and events. 1 SECTION 5. - President Pro Tempore. The council president may ' appoint a president pro tempore pfesade in the- ac.s-.-rrce o 4 --dti4y--efeetedwhen the president is absent eetineil . The president pro tempore shall have the same authority and duties as the council president. If the president pro tempore ris absent or unavailable, the longest serving_councilmember +r - either by consecutive or non-consecutive terms, shall be deemed the acting president pro tempore. If tUvo or more i councilmembers au,al'fy to be president pro tempore, then the group of el�ooble counc lmembers vdEll serve an an alternating bans sn alphabetical order, using last names, to fill the vacant president pro tempore position. fSECTION 6. - Duties and Responsibilities. The council president shall perform the following duties and responsibilities: 1. Administer the council budget, including oversight and approval of expenditures; ' 2. Set the council's agenda, in coordination with the mayor and city clerk's office; r 3. Refer proposed ordinances and resolutions to the appropriate council committee; r3 City Council Rules and Procedures Repeal & Adopt r 4. Call for a workshop or a meeting of the council committee of the whole, as needed; , 5. In cooperation with the mayor, ensure adequate council facilities, equipment and support, with council consensus; 6. Direct correspondence on behalf of the council as appropriate, with consent of council; ' 7. Act as council liaison to the mayor's office on policy issue consideration, including elements of timing; 8. When authorized bv_ city code or stag law,_nommate or a-Appoint the membership of each established committee or board and the committee or board chairpersons by the third regular meeting of 4teeach year; 9. Substitute for an absent councilmember or desicinate another , councilmember to substitute on any of the council's committees or boards; t 10. Coordinate and schedule retreats or other meetings for annual review and update of council visions and goals for the city; 11. Gather information on regional issues and attend regional meetings, as appropriate and applicable, to represent the council's views....orin the alternative, designate_ other councilmembers to represent the city and the council on ' specific regional issues or meetings; 12. Serve as a council focal point for council, mayor, and staff; and 13. Discern councilmembers' areas of interest and/or expertise. II. COUNCIL MEETINGS SECTION 7. - Regular Meetings. n • The council's regular meetings will occur at the time, date and place established in Chapter 2.01 of the Kent City Cod_ K Ht r ty Ge nr �L 4 City Council Rules and Procedures Repeal & Adopt sty d -e€ �= en SECTIONS. - Soecial Meetings. Special meetings shall be held as provided ov lav, at th,- r,n c, designated by councilef-- +ems &f--t„e ce tii naye e speeial SECTION 9. - Presiding Offfieh-340ffrcer at Mej ngs. fiegu4arThe mayor shall be the presiding officer for all meetings of the council. If the mayor Es not present , the council president the-shall be the presiding officer . ' In the absence of the mayor and council president and pre-te e e, the -president pro tempore ,^ .n seed^^ shall be the presideing officer. ffo-tempefe ' s ght-t ;efs,ti ' 5 City Council Rules and Procedures Repeal & Adopt SECTION 10. - Forfeiture of Office. Pursuant to RCW 35A.12.060, a councilmember shall forfeit office if he or she fails to attend three ' consecutive regular meetings of the council without being excused by the council. i SECTION 11. - Quorum. At all meetings of the council, a majority , of the full council membership, or not less than four councrlrnembers, shall constitute a quorum for the transaction of business. ' SECTION 12. - Majority Vote. Action by the city council requires , the affirmative vote of a majority of members veer -atattend ng a fegxA meeting, except where otherwsse recurred by ap�(rcable law. eep that , SECTION 13. - Executive Sessions. The city council may hold executive sessions during a regular or special meeting to consider matters , as permitted pursuant to applicable law';1-%AJ 42--3G- and—REV+f 42�30.1 o. No official action shall be taken during any executive session. No member of the city council, employee of the city or any person present during an executive session shall disclose to any other person the content or substance of discussion which took place during the session, unless a majority of the council authorizes s-u�that disclosure. Executive sessions, , to the extent permitted by law, shall be limited to members of the city council, the mayor and staff, and otherLrrR - s autherrze�#--13y t-#3eersons that the city council invites. 6 City Council Rules and Procedures Repeal & Adopt SECTION 14. - Agendas. Only items that have been previously ' discussed by council committee shall be put on the agenda for a council meeting, unless approved by the council president or president pro ' tgm ore. The order of business of all meetings of the council shall be as follows: 1. Call to order/ 1 IagSalute 2. Roll Call 3. Changes to the Agenda 4. Public Communications 5. Public Hearings 6. C Public Comments r 7. C vf�„h�,,--L2 �„= Consent Calendar I8 rensideFatien of bids, Fela, d m,tt-er-sOther Business 9. Bids 10. I ecteesReports from Standing Committees, Staff and Soecial Committees 11. action ' after Executive Session 12. Adjournment ' SECTION 15. - Public GaR^Hi6�� Comment. No person shall address the council without the permission of the presiding officer except during the third, ;fifth, and e;ev-& : sixth orders of business set forth in Section 14 above. When addressing the council, each person shall ' proceed to the speaker's podium, unless otherwise directed by the presiding officer, and sha state theirhis or her name and address for the ' record. —affdIf comment is offered under the sixty, order of bussness, the 7 City Council Rules and Procedures ' Repeal & Adopt €�R li speaker will also state the subject of his or her comment.the�tsh--te dFjett. Remarks will be limited to the time allocated by the presiding officer for each speaker. All remarks shall be pertinent to the stated subject matter a and shall be addressed to the presiding officer and , the council as a whole and not to any member individually. The sixth order of business is intended to allow persons to sneak o1i any issue of concern to that person, but it is not an men public forum, and �s subject to restrictions imposed in this resolution and by applicable law. No questions ' shall be asked of a councilmember or member of the city staff without the permission of the presiding officer. , SECTION 16. — Public Demeanor. No one shall use any , impeFtme-i4t aeertinent, degrading or slanderous language directed to the presiding officer, councilmembers, mayorLstaff or other member of the public ef and no one shall otherwise engage in disruptive behavior. The r)�esiding officer may remove any person for d€sruptive behavior at council or council committee meetings. Disruptive behavior shall constitute grounds for removal from the council chambers at the council's direction. SECTION 167. - Added Agenda Items. A member of the public, council or mayor may ask that an item be considered by the city council, even if it is not identified on the formal agenda, by raising the issue during changes to agenda. #}That item shall then be considered with the , eeRsefapproval of the council. SECTION 1-7 .- Mayor Participation. The mayor may address the council on any matter or participate in the debate of any question, ' provided the mayor shall first call upon the council president or any other 8 City Council Rules and Procedures Repeal &Adopt 1 councilmember designated by the council president to take the chairEn the mayor's participat on. SECTION 16 . - Counciimember Conduct. While the council is in session, ern ther at a council o _oounc,' _committee meeting, all its ' members must preserve order, decency and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the ' proceedings or the peace of the c- u Mceun nor disturb any member while speaking, or refusil to obey the order of the presiding officer. The ' members of the city council may reprimand another councilmember for disorderly conduct and, upon written charges entered upon tlb jr�tsrn4 t4e+--e�€by motion, may expel a member from the council meeting by two- thirds (2/3) vote of the membership of the council in attendance at that meeting. ' SECTION 20. - Voting. Discussion by council members of-� eaHneil .shall relate to the subject matter at hand and shall be relevant and pertinent. Every councilmember, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excused by the council, shall ' cast his or her vote upon any matter put to vote by the legislative body. Any councilmember who abstains from voting without-za--valKi-r-(- so of ' ntt -shall be deemed to have noteast-t4ew--ve=e-w; � voted on that itemu'pen. At the request of the ' presiding officer or of any member, any question shall be noted upon by a roll call and the individual voting results" " " shall be recorded ' by the city clerk in the iettrna- minutes. g City Council Rules and Procedures ' Repeal & Adopt _ c'aa^ivy— foe-ef -}crh'e SECTION 21. - Summoned to Meetings. Every city official or ' e�pleyeeg o3 ^c who shall fail to report to the council at times and in a manner requested by the council, shall be summoned in accordance with the direction of the councils+ng � ec � cat tli�- cet+ +l a �i its e-er ,itt SECTION 22. - Ordinances, Resolutions and Contracts Presentation. No ordinance, resolution, contract document or other matter for tion5hall be presented to ' the council unless ordered by a majority of the council, referred by a council committee erequested by the mayor, or submitted by the city ' attorney unless otherwise approved by the council president. All ordinances, resolutions, contract documents and other sue# ' gate 4matters shall; ptese tat eefft,si'tee5,� beeer approved as to form by the city attorney and shall , lavr-beep examined and approved by the department head or his or her duly authorized representative_having jurisdiction over the subject matter , of sttel-rthe ordinance, resolution, ate—contract document, or other matter.by4it�4e ttly� io zed-repr-esentat-rv-e- , 10 City Council Rules and Procedures Repeal & Adopt , r SECTION 23. - Parliamentary Rules. The city attorney shall act as parliamentarian and advise the presiding officer on inquiries concerning parliamentary procedure. The presiding officer shall rule on issues of parliamentary procedure, unless overruled by a majority of the councilmembers present. Robert's Rules of Order ktatest- c s -3-shall govern the deliberations of the council except when in conflict with any section herein. SECTION 24. - Suspending the Rules. When the suspension of a ' rule is requested, and no objection is offered, the presiding officer shall announce that the rules are suspended and the council may proceed accordingly. When there is an objection to suspending the rules, it shall require a vote of majority plus one of the members present to suspend the rules. III. COUNCIL COMMITTEES SECTION 25. - Committees Established. The_fe-,w—e t=e�y council establisheds the following five standing committees, each of which shall ' consist of three councilmembers, one of which shall act as committee a chairer-ssn, +3cc+lremers £ errsThe caunckl president, the conclusion of the second regular meeting after the meeting where he or she is elected shall appoint committee members and committee chairs pr-es for approximately a-two-year terms reserving the right of the ' council Ares dent to remove camm�ttee members and committee chairs and ro reappa�nt new cauncilmembers to fill those positions. 1. Operations Committee. The operations committee generally ' shall consider all matters related to the general fiscal and financial 11 City Council Rules and Procedures Repeal & Adopt conditions and operations of the city. This committee shall also consider all policy matters related to personnel, including, but not limited to, salary ranges and step schedules, position classification, merit system development and other items in coordination with the operations department and other departments as appropriate. This is not to be construed as a limitation or infringement upon the executive powers of the mayor. 2. Paf-k-s---Gv t} Parks and Human Services Committee. The parks and human services committee generally shall consider all matters related to planning and implementation of ec-F�na+cc facilities, parks and recreation programs and activities in the city, and human services ' ro rams and activities in the city, including , 1 f 1 U-oU:-s�a�.�-we'-U -coordination of programs and activities with affected school districts. 3. ntrie-G& + 4t-eeEconomic and Community Development Committee. The economic and community development committee eq_nerally shall consider all matters related to community growth and development including, but not limited to economic development permit issuance for land use and construction development, and planning of the physical, economic, aesthetic, and social development of the city e sive ll.nd—Use Plan, opera-lie is- 4. Public Works Committee. The public works committee eneraII shall consider all matters related to planning, desgn� construction, improvement, extension, masntenance and so ' 12 Cityy Council Rules and Procedures Repeal & Adopt _transportation and street systems, transit, st-r�, s" h rya{tat+et n^ v_�rater sewer, storm.,, solid waste and other utilities franchises and other related matters. S. Public Safety Committee. The public safety committee generally shall consider all matters related to police and fire prete-e�safety, including, but not limited to, law enforcement, f+fefiq� mod--emergency response services, fire rnspect�oi�, e +nvestigation and aza detrs + erraler�trelsd-general dispatch services. SECTION 26. - Duties and Responsibilities. The council committees shall consider all matters referred to them whether within or outside of a sgecif�c committee's general r"ocus area. All proposed ordinances or resolutions and other matters for council consideration shall first be discussed by, or referred to, the appropriate council committee, unless otherwise designated by the council president-t; -PRA9VJDE-D rovided, however, the council shall not be denied the right to refer the subject to a �{ committee or workshop for further consideration. Matters not otherwise designated shall be assigned for consideration to a council meeting, workshop or to the appropriate council committee by the council president, in consultation with the mayor. Each committee chairpersefis shall report to the council the findings and/or recommendations of the committee. SECTION 27. - uorum. No committee shall act in the absence of " �� F "^�� At the request of a gUOrllm,r'r�1tE-�� �rmrrcvr --rc.irsc-tvvvrnc.mvcrs.- the committee chairpers-( the council president, eF a tk-e-rany other councilmember may sit on any committee when necessary to constitute a quorum or to fill a vacancy. 13 City Council Rules and Procedures Repeal & Adopt i SECTION 28. - Committee of the Whole. Council workshop meetings constitute regular meezones of t full counc�E.wlee � �setf -its as a sha-111 be held at suel-, Public input shall be permitted at council workshops at the discretion of the city council. SECTION 29. - Committee R!Aa �Reorganization. The city council, upon a vote of the majority of its membership, may reorganize and rearrange the membership of standing committees, including the discontinuance of any standing or special committee and the reassignment of its duties and functions to another committee or committees, together with the establishment of special, temporary and ad hoc committees. SECTION 30. - Saving s. 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 31. - RatIficatron. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 32. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. 14 City Council Rules and Procedures Repeal & Adopt SECTION 33. - 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 , 2010. CONCURRED in by the Mayor of the City of Kent this day of 2010. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 2010. 15 City Council Rules and Procedures IRepeal & Adopt ' i 1 BRENDA JACOBER, CITY CLERK 1CivI Res iubon`.C_tyCouna'RulesandProceduresFINA }8fQ10docxdocxF��G+v�R�,z sttcn��tpCot�aet 4usgsandProeedtjre12fid Corn mfUeedoex deems I 16 City Council Rules and Procedures Repeat & Adopt i RESOLUTION NO. �i A RESOLUTION of the City Council of the City of Kent, Washington, relating to rules and procedures for city council, city council meetings, and council committee meetings. RECITALS A. The city council, pursuant to Resolution No. 1562, established rules and procedures for the city council, city council meetings, and meetings of council committees. B. On November 5, 2002, the city council, pursuant to Resolution No. 1633, passed amendments to the existing rules and procedures that added council president duties and responsibilities. C. Since passage of Resolution No. 1633, the city has undergone a reorganization combining and renaming various council committees, and council has determined to change the order of items on its agenda. Also, additional amendments are necessary to update current council procedures. ID. The city council desires to update and revise those rules and procedures. 1 City Council Rules and Procedures Repeal & Adopt i 1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Repealer. Resolution No. 1633 which amended Resolution No. 1562 relating to rules and procedures for the city council, city council meetings, and council committee meetings is hereby repealed in its entirety. SECTION 2. - ApplicabilitX. These rules and procedures shall govern all meetings of the Kent city council and its committees unless suspended by the city council. Failure to fully conform to these rules and procedures will not render any action by the city council or any of its committees invalid. I. COUNCIL PRESIDENT - MAYOR PRO TEMPORE SECTION 3. - Term. The city council shall elect from its members a president of the council during the month of January in the even numbered years on or before the second regular meeting of that month. The council president shall serve a two-year term. SECTION 4. - Mayor Pro Tempore. The council president shall serve as mayor pro tempore and shall preside at all meetings of the council when the mayor is not present. Although presiding as mayor pro tempore, the council president shall retain all powers and rights inherent to a councilmember and to the council president, including, without limitation, voting powers. The mayor pro tempore shall act as mayor and assume the 1 authority and perform the mayor's duties whenever there is a vacancy in 2 City Council Rules and Procedures Repeal & Adopt the Office of the Mayor or the mayor is absent from the city or is unable for any reason to discharge the mayor's duties. The assumed duties shall include, but not be limited to, acting as signatory to documents requiring execution by the mayor, issuing proclamations and declarations, and extending official recognition of groups and events. SECTION 5. - President Pro Temoore. The council president may appoint a president pro tempore when the president is absent. The president pro tempore shall have the same authority and duties as the council president. If the president pro tempore is absent or unavailable, the longest serving councilmember, either by consecutive or non- consecutive terms, shall be deemed the acting president pro tempore. If two or more councilmembers qualify to be president pro tempore, then the group of eligible councilmembers will serve on an alternating basis in alphabetical order, using last names, to fill the vacant president pro tempore position. SECTION 6. - Duties and Responsibilities. The council president shall perform the following duties and responsibilities: 1. Administer the council budget, including oversight and approval of expenditures; 2. Set the council's agenda, in coordination with the mayor and city clerk's office; 3. Refer proposed ordinances and resolutions to the appropriate council committee; 4. Call for a workshop or a meeting of the council committee of the whole, as needed; 5. In cooperation with the mayor, ensure adequate council facilities, equipment and support, with council consensus; 3 City Council Rules and Procedures Repeal & Adopt 6. Direct correspondence on behalf of the council as appropriate, with consent of council; 7. Act as council liaison to the mayor's office on policy issue consideration, including elements of timing; S. When authorized by city code or state law, nominate or appoint the membership of each established committee or board and the committee or board chairpersons by the third regular meeting of each year; 9. Substitute for an absent councilmember or designate another councilmember to substitute on any of the council's committees or boards; 10. Coordinate and schedule retreats or other meetings for annual review and update of council visions and goals for the city; 11. Gather information on regional issues and attend regional meetings, as appropriate and applicable, to represent the council's views, or in the alternative, designate other councilmembers to represent the city and the council on specific regional issues or meetings; 12. Serve as a council focal point for council, mayor, and staff; and 13. Discern councilmembers' areas of interest and/or expertise. , II. COUNCIL MEETINGS SECTION 7. - Regular Meetings. The council's regular meetings will occur at the time, date and place established in Chapter 2.01 of the Kent City Code. SECTION S. - Special Meetings. Special meetings shall be held as provided by law at the times designated by council. 4 City Council Rules and Procedures Repeal & Adopt I SECTION 9. - Presiding Officer at Meetings. The mayor shall be the presiding officer for all meetings of the council. If the mayor is not present, the council president shall be the presiding officer. In the absence of the mayor and council president, the president pro tempore shall be the presiding officer. SECTION 10, - Forfeiture of Office. Pursuant to RCW 35A.12.060, a councilmember shall forfeit office if he or she fails to attend three consecutive regular meetings of the council without being excused by the council. SECTION 11. - Ouorum. At all meetings of the council, a majority of the full council membership, or not less than four councilmembers, shall constitute a quorum for the transaction of business. SECTION 12. - Maionty Vote. Action by the city council requires the affirmative vote of a majority of members attending a meeting, except iwhere otherwise required by applicable law. SECTION 13. - Executive Sessions. The city council may hold executive sessions during a regular or special meeting to consider matters as permitted pursuant to applicable law. No official action shall be taken during any executive session. No member of the city council, employee of the city or any person present during an executive session shall disclose to any other person the content or substance of discussion which took place during the session, unless a majority of the council authorizes that disclosure. Executive sessions, to the extent permitted by law, shall be jlimited to members of the city council, the mayor and staff, and other persons that the city council invites. 5 City Council Rules and Procedures Repeal & Adopt SECTION 14. - Agendas. Only items that have been previously discussed by council committee shall be put on the agenda for a council meeting, unless approved by the council president or president pro tempore. The order of business of all meetings of the council shall be as follows: 1. Call to order/Flag Salute 2. Roll Call 3. Changes to the Agenda 4. Public Communications 5. Public Hearings 6. Public Comments 7. Consent Calendar 8. Other Business 9. Bids 10. Reports from Standing Committees, Staff and Special Committees 11. Executive Session and action after Executive Session 12. Adjournment SECTION 15. - Public Comment. No person shall address the council without the permission of the presiding officer except during the third, fifth, and sixth orders of business set forth in Section 14 above. When addressing the council, each person shall proceed to the speaker's podium, unless otherwise directed by the presiding officer, and state his or her name and address for the record. If comment is offered under the sixth order of business, the speaker will also state the subject of his or her comment. Remarks will be limited to the time allocated by the presiding officer for each speaker. All remarks shall be pertinent to the stated subject matter and shall be addressed to the presiding officer and the 6 City Council Rules and Procedures Repeal & Adopt council as a whole and not to any member individually. The sixth order of business is intended to allow persons to speak on any issue of concern to that person, but it is not an open public forum, and is subject to restrictions imposed in this resolution and by applicable law. No questions r shall be asked of a councilmember or member of the city staff without the permission of the presiding officer. I SECTION 16. - Public Demeanor. No one shall use any impertinent, degrading or slanderous language directed to the presiding officer, councilmembers, mayor, staff or other member of the public, and no one shall otherwise engage in disruptive behavior. The presiding officer may remove any person for disruptive behavior at council or council committee meetings. Disruptive behavior shall constitute grounds for removal from the council chambers at the council's direction. SECTION 17. - Added Agenda Items. A member of the public, council or mayor may ask that an item be considered by the city council, even if it is not identified on the formal agenda, by raising the issue during changes to agenda. That item shall then be considered with the approval r of the council. SECTION 18.- Mayor Particlpation. The mayor may address the council on any matter or participate in the debate of any question, Lprovided the mayor shall first call upon the council president or any other councilmember designated by the council president to take the chair during the mayor's participation. SECTION 19. - Councilmember Conduct. While the council is in session, whether at a council or council committee meeting, all its ' members must preserve order, decency and decorum at all times and no 7 City Council Rules and Procedures ` Repeal & Adopt F member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any member while speaking, or refuse to obey the order of the presiding officer. The members of the city council may reprimand another councilmember for disorderly conduct and, upon written charges entered upon by motion, may expel a member from the council meeting by two-thirds (2/3) vote of the membership of the council in attendance at that meeting. SECTION 20. — Votin . Discussion by council members shall relate to the sub3ect matter at hand and shall be relevant and pertinent. Every councilmember, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excused by the council, shall cast his or her vote upon any matter put to vote by the legislative body. Any councilmember who abstains from voting shall be deemed to have not voted on that item. At the request of the presiding officer or of any member, any question shall be noted upon by a roll call and the individual voting results shall be recorded by the city clerk in the minutes. SECTION 21. — Summoned to Meetings. Every city official or employee who shall fail to report to the council at times and in a manner requested by the council, shall be summoned in accordance with the direction of the council. SECTION 22. — Ordinances. Resolutions and _Contracts — Presentation. No ordinance, resolution, contract document or other matter shall be presented to the council unless ordered by a majority of the council, referred by a council committee, requested by the mayor, or submitted by the city attorney unless otherwise approved by the council president. All ordinances, resolutions, contract documents and other matters shall be approved as to form by the city attorney and shall be g City Council Rules and Procedures Repeal & Adopt examined and approved by the department head or his or her duly authorized representative having jurisdiction over the subject matter of the ordinance, resolution, contract document, or other matter. SECTION 23. — Parliamentary Rules. The city attorney shall act as parliamentarian and advise the presiding officer on inquiries concerning parliamentary procedure. The presiding officer shall rule on issues of parliamentary procedure, unless overruled by a majority of the councilmembers present. Robert's Rules of Order shall govern the deliberations of the council except when in conflict with any section herein. SECTION 24. — Suspending the Rules. When the suspension of a rule is requested, and no objection is offered, the presiding officer shall announce that the rules are suspended and the council may proceed accordingly. When there is an objection to suspending the rules, it shall require a vote of majority plus one of the members present to suspend the rules. III. COUNCIL COMMITTEES SECTION 25. — Committees Established. The council establishes the following five standing committees, each of which shall consist of three councilmembers, one of which shall act as committee chair. The council president, by the conclusion of the second regular meeting after the meeting where he or she is elected, shall appoint committee members and committee chairs for approximately two-year terms, reserving the right of the council president to remove committee members and committee chairs and to reappoint new councilmembers to fill those positions. 9 City Council Rules and Procedures Repeal & Adopt 1. Operations Committee. The operations committee generally shall consider all matters related to the general fiscal and financial conditions and operations of the city. This committee shall also consider all policy matters related to personnel, including, but not limited to, salary ranges and step schedules, position classification, merit system development and other items in coordination with the operations department and other departments as appropriate. This is not to be construed as a limitation or infringement upon the executive powers of the mayor. 2. Parks and Human Services Committee. The parks and human services committee generally shall consider all matters related to planning and implementation of city facilities, parks and recreation programs and activities in the city, and human services programs and activities in the city, including coordination of programs and activities with affected school districts. 3. Economic and Community Development Committee. The economic and community development committee generally shall consider all matters related to community growth and development including, but not limited to economic development, permit issuance for land use and construction development, and planning of the physical, economic, aesthetic, and social development of the city. 4. Public Works Committee. The public works committee generally shall consider all matters related to planning, design, construction, improvement, extension, maintenance and operation of transportation and street systems, transit, water, sewer, storm, solid waste and other utilities, franchises, and other related matters. 10 City Council Rules and Procedures Repeal & Adopt 5. Public Safety Committee. The public safety committee generally shall consider all matters related to police and fire safety, including, but not limited to, law enforcement, emergency response services, fire inspection, fire investigation and general dispatch services. SECTION 26. - Duties and Resoonsibilities. The council committees shall consider all matters referred to them whether within or outside of a specific committee's general focus area. All proposed ordinances or resolutions and other matters for council consideration shall first be discussed by, or referred to, the appropriate council committee, unless otherwise designated by the council president; provided, however, the council shall not be denied the right to refer the subject to a committee or workshop for further consideration. Matters not otherwise designated shall be assigned for consideration to a council meeting, workshop or to the appropriate council committee by the council president, in consultation with the mayor. Each committee chair shall report to the council the findings and/or recommendations of the committee. SECTION 27. - Cluorum. No committee shall act in the absence of a quorum. At the request of the committee chair the council president, any other councilmember may sit on any committee when necessary to constitute a quorum or to fill a vacancy. SECTION 28. - Committee of the Whole. Council workshop meetings constitute regular meetings of the full council. Public input shall be permitted at council workshops at the discretion of the city council. 1 SECTION 29. - Committee Reorganization. The city council, upon a vote of the majority of its membership, may reorganize and rearrange the membership of standing committees, including the discontinuance of any 11 City Council Rules and Procedures LRepeal & Adopt standing or special committee and the reassignment of its duties and functions to another committee or committees, together with the establishment of special, temporary and ad hoc committees. SECTION 30. - Savings. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or t invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 31. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 32. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. 1 SECTION 33. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. j PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2010. 1 12 City Council , Rules and Procedures Repeal & Adopt CONCURRED in by the Mayor of the City of Kent this day of 2010. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: i 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 iday of 12010. BRENDA JACOBER, CITY CLERK P \Civil\Resolution\CityCounalRulesandProceduresFINAL081010docx docx i 13 City Council Rules and Procedures Repeal & Adopt Kent City Council Meeting Date August 17, 2010 Category Bids - 8A 1. SUBJECT: 2010 CITYWIDE LARGE CULVERT PIPE CLEANING 2. SUMMARY STATEMENT: The bid opening for this project was held on Tuesday, July 27, 2010, with two (2) bids received. The low bid was submitted by Olson Brothers Excavating, Inc, in the amount of $941,547.80. The Engineer's estimate was $871,537.88. The Public Works Director recommends awarding this contract subject to obtaining necessary permits. 3. EXHIBITS: Public Works memo dated 7/27/10 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 award the contract for the 2010 Citywide Large Culvert Pipe Cleaning project to Olson Brothers Excavating, Inc., in the amount of $941,547.80, subject to obtaining necessary permits and authorize the Mayor to sign the contract. DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J LaPorte Public Works Director Address: 220 Fourth Avenue S. KENT Kent, WA 98032-5895 WASHINGTON Phone 253-856-5500 Fax• 253-856-6500 DATE: Tuesday, July 27, 2010 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte P.E., Public Works Director RE: 2010 Citywide Large Culvert Pipe Cleaning Bid opening for this project was held on July 27, 2010 with two (2) bids received. The low bid was submitted by Olson Brothers Excavating, Inc , in the amount of $941,547.80. The Engineer's estimate was $871,537 88 The Public Works Director recommends awarding this contract to Olson Brothers Excavating, Inc. subject to obtaining necessary permits. Bid Summary Olson Brothers Excavating, Inc. $941,547.80 Road Construction Northwest, Inc. $1,019,532.60 i Engineer's Estimate $871,537.88 I� Kent City Council Meeting Date August 17, 2010 Category Bids - 8B 1. SUBJECT: BLUE BOY RESERVOIR SEISMIC RETROFIT 2. SUMMARY STATEMENT: The bid opening for this project was held on Tuesday, August 10, 2010, with seven (7) bids received. The low bid was submitted by Western Engineering Constructors, in the amount of $121,013.93. The Engineer's estimate was $177,842.24. 3. EXHIBITS: Public Works memo dated 8/10/2010 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 1 to award the contract for the Blue Boy Reservoir Seismic Retrofit project to Western Engineering Constructors, in the amount of $121,013.93, and authorize the Mayor to sign all necessary contract documents. fDISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte Public Works Director Address, 220 Fourth Avenue S. KKent, WA 98032-5895 ENT wA5HINGTON Phone 253-856-5500 Fax 253-856-6500 DATE: Tuesday, August 10 , 2010 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E., Public Works Director RE: Blue Boy Reservoir Seismic Retrofit ' Bid opening for this project was held on Tuesday, August 10, 2010 with seven (7) bids received. The low bid was submitted by Western Engineering Contractors in the 11 amount of $ 121,013 93 The Engineer's estimate was $177,842.24. The Public Works Director recommends awarding this contract to Western Engineering Contractors. Bid Summary 1. Western Engineering Contractors, Inc. $121,013.93 2. T. Bailey, Inc. $127,116.91 3. Omega Contractors, Inc. $157,231.05 4. Advanced Construction, Inc. $157,789.50 5. Award Construction, Inc. $160,320 59 6. Massana Construction, Inc. $162,990.75 7. Preferred Tank and Tower, Inc. $223,378.25 Engineer's Estimate $177,842.24 i - REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT ' B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS COMMITTEE ' H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES I 1 `/ KENT 1 CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES July 13, 2010 COMMITTEE MEMBERS: Les Thomas, Dennis Higgins, and Ron Harmon, Chair The meeting was called to order by Chair Harmon at 5:01 PM Chair Harmon noted one additional item for the agenda from Police. Les Thomas has given his concurrence on action items to Chair Harmon. 1. Approval of Minutes D. Higgins moved to approve the minutes of the June 8, 2010 meeting. The motion was seconded by R. Harmon and passed 3-0, with concurrence from L. Thomas. 2. National Night Out — INFO ONLY Chief of Police Steve Strachan and Public Education Specialist Sara Wood informed the members that 64 events are registered to-date with a goal of 100 events. t3. Washington Traffic Safety Commission Law Enforcement Target Zero Amendment #1 to Memorandum of Understanding — ACCEPT and AUTHORIZE Chief Strachan explained that an additional $2,200 has been awarded to Kent. D. Higgins moved to authorize the Kent Police Department to accept the Washington Traffic Safety Commission Target Zero grant in an amount not to exceed $2,200 and authorize the Chief of Police to sign Amendment #1 to the Memorandum of Understanding. The motion was seconded by R. Harmon and passed 3-0, with concurrence from L. Thomas. 4. Washington Traffic Safety Commission Law Enforcement Target Zero Amendment #1 to Memorandum of Understanding — ACCEPT and AUTHORIZE Chief Strachan explained that an additional $6,200 has been awarded to Kent. D. Higgins moved to authorize the Kent Police Department to accept the Washington Traffic Safety Commission Target Zero grant in an amount not to exceed $6,200 and authorize the Chief of Police to sign Amendment #1 to the Memorandum of Understanding. The motion was seconded by R. Harmon and passed 3-0, with concurrence from L. Thomas. S. Valley Narcotics Enforcement Team Interlocal Cooperative Agreement — AUTHORIZE Chief Strachan explained the purpose of the agreement with local agencies. D. Higgins moved to recommend that Council authorize the Mayor to sign the Interlocal Cooperative Agreement for the Valley Narcotics Enforcement Team. The motion was seconded by R. Harmon and passed 3-0, with concurrence from L. Thomas. I 6. King County Sheriff's Office Cost Reimbursement Agreement — ACCEPT AUTHORIZE and Establish Budget Chief Strachan explained the purpose of the agreement which provides reimbursement for police officer overtime costs in order to contact sex and kidnapping offenders. He stated that Kent's officers also make contacts as part of their regular Job duties. D. Higgins moved to recommend that Council authorize the Kent Police Department to accept the King County Sheriff's Office grant in an amount not to exceed $48,309, authorize the Mayor to sign the agreement and establish the budget. The motion was seconded by R. Harmon and passed 3-0, with concurrence from L. Thomas. 7. Federal Bureau of Investigation Innocence Lost Task Force Memorandum of Understanding and Cost Reimbursement Agreement — ACCEPT. AUTHORIZE and Establish Budget. Chief Strachan explained the purpose of the agreement and the mission of the task force. D. Higgins moved to recommend that Council authorize the Chief of Police to sign the Federal Bureau of Investigation Innocence Lost Task Force Memorandum of Understanding and Cost Reimbursement Agreement. The motion was seconded by R. Harmon and passed 3-0, with concurrence from L. Thomas. S. Public Safety Testing, Inc. Subscriber Agreement - AUTHORIZE Chief Strachan explained the purpose of the agreement. D. Higgins moved to recommend authorizing the Mayor to sign the Public Safety Testing Subscriber Agreement. The motion was seconded by R. Harmon and passed 3-0, with concurrence from L. Thomas. 9. Comprehensive Emergency Management Plan — APPROVE and AUTHORIZE , Dominic Marzano explained the purpose of the plan. D. Higgins moved to recommend approval of the Comprehensive Emergency Management Plan (CEMP) and authorize the Mayor to sign the Letter of Promulgation and Introduction page of the plan. The motion was seconded by R. Harmon and passed 3-0, with concurrence from L. Thomas. 10. Bonel Mobile Manor, Paradise Mobile Home Park and MHCP — INFO ONLY t Greg Blount, Executive Director, spoke about the positive relationship between his management of the properties in Kent and the Kent Police Department. He intends to ask the committee to support an application to gain funding for property rehabilitation. Added items: 11. SECTOR Service Level Agreement with Washington State Patrol - AUTHORIZE Chief Strachan and Deputy City Attorney Pat Fitzpatrick explained the purpose of the agreement regarding citation and collision report processing. D. Higgins moved to recommend that Council authorize the Chief of Police to sign the SECTOR Service Level Agreement. The motion was seconded by R. Harmon and passed 3-0, with concurrence from L. Thomas. Public Safety Committee Minutes 2 July 13, 2010 12. INFO ONLY — Chief Strachan announced that the 2"d Annual Greg Duffin and Motorcyle Show would be held on July 31" from 9 AM to 4 PM, benefitting Cops With Cancer. 13. INFO ONLY — Fire Marshall Jon Napier gave an after-action report on the Kent Fire Department's 1 activities and number of calls from June 28th through July 5th regarding fireworks. The meeting adjourned at 6:05 PM. Jo Thompson, Public Safety Committee Secretary l� i i Public Safety Committee Minutes 3 ' July 13, 2010 3 PUBLIC WORKS COMMITTEE MINUTES Monday, July 19, 2010 COMMITTEE MEMBERS PRESENT' Committee Chair Debbie Raplee was absent. Elisabeth Albertson was assigned to take Raplee's place. However, she was unable to make the meeting at the last minute. Committee member Ron Harmon chaired the meeting on Raplee's behalf. Dennis Higgins was present. The meeting was called to order at 4:02 p.m. Harmon stated that he had Elizabeth Albertson's concurrence on all action items. ITEM 1 — Approval of Minutes Dated July 12, 2010: Committee Member Higgins moved to approve the minutes of July 12, 2010. The motion was seconded by Harmon and passed 3-0, with Albertson's concurrence. ITEM 2 — Information Only/Lower East Hill Utilities: Tim LaPorte, Public Works Director explained that this item is similar to the item that was brought to committee last week, he then introduced Mark Howlett who gave a brief PowerPoint presentation that included the project description, schedule, funding and several photos of the job site. The Engineer's estimate was $1,678,587 and that due to a very favorable bidding climate, bids were received that were approximately 30-percent below the engineer's estimate. The contract was awarded to Kar-Vel Construction in the amount of $1,121,189 00. I Harmon was concerned that this was the second time this type of overage has been brought to the committee in as many weeks. He asked if the process for notifying council could be more transparent. Assistant City Attorney, Susan Jensen asked if he would also like to see change orders that have been denied. He stated he would. ' Higgins asked if better records are being put in place for our descendants. Howlett assured him that they are. No Motion Required/Information Only L ITEM 3 — Information Only/Railroad Ouiet Zone Diagnostic Study: Committee member Harmon thanked Steve Mullen, Transportation Engineering Manager for coming back to committee to talk about quiet zones. Mullen reminded committee members that Kent Engineering staff met with the Burlington Northern Santa Fe Railroad, Washington Utilities and Transportation Commission, Federal Rail 1 Administration and the Union Pacific Railroad to evaluate the establishment of a Railroad Quiet Zone on each set of tracks. A Quiet Zone would allow freight and passenger trains to travel through the downtown area of Kent without blowing warning horns. ' Mullen went over the cost for the various types of devices. It was decided that this item would come back to the committee again in late September and will include an executive summary with details for the Union Pacific and Burlington Railroad horns or gates. ' No Motion Required/Information Only 4 PUBLIC WORKS COMMITTEE MINUTES Monday, July 19, 2010 Item 4 — Solid Waste Contract — Approval: Kelly Peterson, AICP, Environmental Conservation Supervisor gave an informative PowerPoint presentation on the Solid Waste, Recycling Yard Waste and Food Waste Disposal Contract. He went over the selection process, three contracts submitted in response to the Request for Proposals (RFP) to provide solid waste, recycling and yard & food waste collection services in the City. He talked about the effective dates of the draft contract; staff was authorized by council to negotiate with Allied Waste on a 7-year contract with the option of two, 2-year extensions possible at the sole discretion of the City. Staff negotiated a contract with some specific goals that include: keeping rates as low as possible; maintaining consistency with regional waste reduction goals; and meeting conservation through environmental sustainability goals set by council. The service area was discussed he stated that the Panther Lake Annexation Area, though not included in the RFP, will be included under the same contract terms as the rest of the city since Allied Waste currently serves the annexation area. Peterson went over the special services offered in the new contract, including free walk in service for customers lacking the ability to place containers at the curb, increased items collected curbside for recycling, uniform carts, education and increased customer service. Allied Waste had a new compressed natural gas collection truck parked in front of City Hall which will be used in the City under the new contract. Peterson showed several of the carts and containers, explaining that there will be a uniform color scheme for residential, multi-family and commercial services and many size options. He briefly went over the rates and customer service rate adjustments. Peterson said that overall this is a very sustainable contract. Tom Brubaker, City Attorney stated that this was a true team effort with Allied Waste; they have been great to work with Harmon thanked everyone for their partnership as well Higgins moved to recommend Council authorize the Mayor to sign the Garbage, Recycling, Yard & Food Waste Collection Disposal/marketing contract with Allied Waste to provide services to the City, subject to approval of the final terms and conditions by the City Attorney and the Public Works Director. Harmon seconded and the motion passed 2-0, stating this item will be forwarded to Other Business at the August 17, 2010 Council meeting. Adjourned: The meeting was adjourned at 5:16 p.m. Cheryl Viseth, Public Works Secretary i 1 t 1 iCONTINUED COMMUNICATIONS A. 1 1 1 i 1 1 i t 1 i i EXECUTIVE SESSION ' ACTION AFTER EXECUTIVE SESSION 1