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City Council Meeting - Council - Agenda - 04/19/2011
CITY OF KENT AgendaCity Council Meeting April 19, 2011 Mayor Suzette Cooke Jamie Perry, Council President r 4, C®uncilrnernbers Elizabeth Albertson Ron Harmon Sill %%i 11 Dennis Higgins Deborah Ranniger Y SF f Debbie Raplee w„ Les Thomas homas C,-ry CLERK �r . KENT CITY COUNCIL AGENDAS KENT April 19, 2011 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas COUNCIL WORKSHOP CANCELLED COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Legislative Update 5. PUBLIC HEARINGS None 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Comprehensive Plan Land Use Map Amendment (Kentara Short Plat) Ordinance -Adopt D. Aukeen District Court Building Lease Agreement, Second Amendment - Authorize E. Temporary Flood Protection Structures Permitting Deadline Ordinance - Adopt F. Street Sweeping Contract - Authorize G. Clark Springs Transmission Main Easement - Accept H. Verizon License Agreement Addendum No. 1 - Authorize I. Natural Yard Care Education Program Contract - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED J. S. 228th Street Storm Drainage Easement Agreement — Authorize K. SE 104th Avenue/Benson Road/SE 108th Avenue/SR 515 Speed Study Resolution — Adopt L. Lower East Hill Sanitary Sewer — Accept as Complete M. Public Defense Standards Resolution — Adopt N. Washington Traffic Safety Commission Grant Application, Target Zero Task Force Project — Authorize O. Washington Traffic Safety Commission, Amendment No. 1 to Memorandum of Understanding — Accept P. Washington Traffic Safety Commission, Daniel Elementary School Safety Mini-Grant — Accept Q. First Amendment to Lease Agreement with Rainier Pacific Management, LLC — Authorize R. Lease Agreement for Panther Lake Police Substation — Authorize S. SR 516 and 4th Avenue Improvements — Accept as Complete S. OTHER BUSINESS A. Horseshoe Bend Levee Property Acquisition, Rittenhouse Contract 9. BIDS None 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Acquisition B. Property Negotiations 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent 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. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Legislative Update PUBLIC COMMENT Agenda Item: Consent Calendar 7A — 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through S. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of April 5, 2011. 7B. Approval of Bills. Approval of payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on April 5, 2011. Approval of checks issued for vouchers: Date Check Numbers Amount 3/15/11 Wire Transfers 4525-4547 $2,029,796.97 3/15/11 Regular Checks 651429-651848 1,084,519.88 Void Checks 651841 (9,001.78) Use Tax Payable 1,944.93 $3,107,260.00 Approval of checks issued for payroll for March 1 through March 15 and paid on March 18, 2011: Date Check Numbers Amount 3/18/11 Checks 322109-322304 $ 140,792.41 3/4/11 Correction 3/4/11 279915-280542 0.00 3/18/11 Advices 280543-281173 1,191,296.41 $1,332,088.82 Approval of checks issued for payroll for March 16 through March 31 and paid on April 5, 2011: Date Check Numbers Amount 4/5/11 Checks 322305-322526 $ 153,548.57 4/5/11 Advices 281174-281806 1,230,768.78 $1,384,317.35 y RCN i Kent City Council Meeting April 5, 2011 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Harmon, Perry, Ranniger, Raplee, and Thomas. Councilmember Higgins was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) No changes were made. B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Public Recoanition. (CFN-198) No recognition was given. B. Community Events. (CFN-198) Ranniger and Raplee announced upcoming events in the city and at ShoWare. C. King County Councilmember Reagan Dunn. (CFN-198) Councilmember Dunn reported on King County issues including the budget and flood control. D. Public Safety Report. (CFN-122) Police Chief Thomas updated monthly statis- tics and presented Life-Saving medals and plaques to Police Officers Jeff Kluzak, Jason Bishop, and Doug Westcott. Mayor Cooke then administered the Oath of Office to new officers Luke Brandeberry, Brandon Rhodes, and Melanie Ramsey. E. Neighborhood Council Recognition. (CFN-1304) Toni Azzola announced that Misty Meadows is the newest Neighborhood Council, and brought representatives of the group forward. Mayor Cooke presented their president with a certificate. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through S. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of March 15, 2011, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through February 28 and paid on February 28 after auditing by the Operations Committee on March 15, 2011, were approved. Checks issued for vouchers were approved: Date Check Numbers Amount 2/28/11 Wire Transfers 4509-4524 $1,276,448.48 2/28/11 Regular Checks 651076-651428 2,655,354.03 Void Checks 651263/651143 (677.12) Use Tax Payable 1,712.46 $3,932,837.85 1 Kent City Council Minutes April 5, 2011 Checks issued for payroll for February 16 through February 28 and paid on March 4, 2011, were approved: Date Check Numbers Amount 3/4/11 Checks 321912-322107 $ 145,562.01 3/1/11 Voids & Reissues 321910,321911 3/8/11 Voids & Reissues 322108 3/4/11 Advices 279284-279914 1,196,857.84 $1,342,419.85 C. Excused Absence for Councilmember Higgins. (CFN-198) An excused absence from the April 5, 2011, meeting for Councilmember Higgins was approved. D. Economic Development Strategic Plan Consultant Agreement. (CFN-825) The Mayor was authorized to sign the 2011 Consultant Services Agreement with Community Attributes International in the amount of $43,500, to provide consultant services for the Economic Development Strategic Plan for the City of Kent, subject to approval of final terms and conditions by the City Attorney. E. Access Restriction Amendment — 26046 116th Avenue S.E. (CFN-131/377) Staff was authorized to eliminate the right-in/right-out access restriction imposed on the property located at 26046 116th Avenue SE in favor of a site-specific safety analysis acceptable to the City Engineer. F. Consolidating Budget Adiustment Ordinance. (CFN-186) Ordinance No. 3994 authorizing consolidating budget adjustments made between January 1, 2010 and December 31, 2010 totaling $31,625,303 was adopted. G. S. 277th VallevCom Fiber Optics Interlocal Agreement. (CFN-1038) The Mayor was authorized to sign an Interlocal Agreement between the City of Kent, Valley Communications Center and the City of Auburn for the installation and use of fiber optic cable and equipment generally located within the S. 277th Street corridor, subject to final approval of terms and conditions acceptable to the City Attorney and the Public Works Director. H. Partners in Preservation Grant Agreement for Earthworks Park. (CFN-585) The grant from Partners in Preservation in the amount of $70,000 to restore sculptural elements at Earthworks Park was accepted, the Mayor was authorized to sign all the necessary documents, amend the budget, and expend the funds in accordance with the grant agreement. I. Purchase of Play Equipment for Lake Meridian. (CFN-118) The Mayor was authorized to sign the Goods and Services Agreement with NW Playground, Inc., in the amount of $162,028.38 to purchase play equipment for Lake Meridian Park, subject to final terms and conditions acceptable to the City Attorney. J. Centennial Center Third Floor Tenant Improvement Project. (CFN-118) The Centennial Center Third Floor Tenant Improvement Project which was awarded to the TW Vance Company on September 7, 2010, was accepted as complete. 2 Kent City Council Minutes April 5, 2011 K. Contract with Kennedy/Jenks Consultants for Guiberson Corrosion Control Facility. (CFN-1111) The Mayor was authorized to sign a Consultant Services Agreement with Kennedy/Jenks Consultants for the purpose of providing construction support and additional design engineering services, in an amount not to exceed $40,990 for the Guiberson Corrosion Control Facility Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. L. Contract with Mayes Testing Engineers for Guiberson Corrosion Control Facility. (CFN-1111) The Mayor was authorized to sign a Consultant Services Agreement with Mayes Testing Engineers, Inc. for the purpose of providing materials inspection and special inspection services, in an amount not to exceed $35,024 for the Guiberson Corrosion Control Facility Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. M. Amendment No. 2, Agreement with Gray & Osborne for 640 Zone Water Reservoir Construction Support Services. (CFN-1310) The Mayor was authorized to sign Amendment No. 2 to the Consultant Services Agreement with Gray & Osborne, Inc. in an amount not to exceed $25,200, for the purpose of providing construction support for the 640 Zone Water Reservoir Project, subject to final terms and condi- tions acceptable to the City Attorney and the Public Works Director. N. Mill Creek Confluence/Green River Restoration Design Proiect Grant Agreement. (CFN-1318) The Mayor was authorized to sign the Salmon Project Funding Agreement in an amount not to exceed $200,000, accept the grant and establish a budget for the funds to be spent within the Mill Creek Confluence/Green River Restoration Design project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. O. Contract with Historical Research Associates for Mill Creek Confluence/ Green River Restoration Design Project. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with Historical Research Associates, Inc. (HRA) in an amount not to exceed $10,059 for archaeological studies, and establish a budget for the funds to be spent within the Mill Creek Confluence/Green River restoration Design Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. P. Amendment No. 1, Historical Research Associates Consultant Services Agreement for Horseshoe Bend Levee Cultural Resources Study. (CFN-1318) The Mayor was authorized to sign Amendment No. 1 to the Consultant Services Agreement with Historical Research Associates Inc., in an amount not to exceed $15,911 to prepare a cultural resources study for the Horseshoe Bend Levees, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Q. Smith Avenue & Lincoln Street Sidewalk Improvements. (CFN-1038) The Mayor was authorized to direct the Public Works Department Staff to bid the Smith Street and Lincoln Avenue Sidewalk Improvements project and return to Council for bid acceptance and project approval, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 3 Kent City Council Minutes April 5, 2011 R. Arco AM/PM Bill of Sale. (CFN-484) The Bill of Sale for the ARCO AM/PM project for 158 linear feet of frontage improvements, located at 13054 SE Kent Kangley Road was accepted. S. Estes Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Estes Short Plat for 6 gate valves, 3 hydrants, and 813 linear feet of waterline; 4 sanitary sewer manholes, and 413 linear feet of sanitary sewer line; 460 linear feet of new street; 120 linear feet of frontage improvements; 3 storm sewer manholes, 22 catch basins, 62,000 cubic feet of detention pond storage and 1,770 linear feet of storm sewer line was accepted. It is located at 94th Avenue S. & S. 224th Street. BIDS A. S. 277th VallevCom Fiber Optics Interconnect Aareement. (CFN-1038/1155) The bid opening for this project was held on March 8, 2011, with six bids received. Public Works Director LaPorte and Information Technology Director Carrington explained the project and its history. Raplee moved to award the S. 277th Street ValleyCom Fiber Optics Interconnect contract to Robinson Brothers Construction in the amount of $201,997.94 and to authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Harmon seconded and the motion carried. REPORTS A. Council President. (CFN-198) Perry noted that reports from the Council retreat should arrive the first week in May and that the budget kick-off is the second week in May. B. Mayor. (CFN-198) Mayor Cooke announced that she has been testifying before the Legislature, that she attended a Sudanese community celebration, toured Allied Waste's recycling center, and signed a proclamation declaring April Records and Information Management Month. C. Administration. (CFN-198) The City Attorney informed Councilmembers that the final assessment roll for LID 362 will be on the May 3rd agenda, and reminded them that since this is a quasi-judicial matter, they should not speak to anyone who protested their assessment. D. Economic & Community Development Committee. (CFN-198) Perry pointed out that the Economic Development Strategic Plan was approved on tonight's consent calendar. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) No report was given. G. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be held at 5:00 p.m. on Tuesday, April 12. H. Public Works Committee. (CFN-198) Raplee noted that the next meeting will be held at 4:00 p.m. on April 18. 4 Kent City Council Minutes April 5, 2011 I. Regional Fire Authority. (CFN-198) Raplee noted that the second hearing on fire benefit charges will be held on April 6. ADJOURNMENT The meeting adjourned at 7:45 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 5 O T Kent City Council Workshop April 5, 2011 Councilmembers Present: Albertson, Harmon, Perry, Ranniger, Raplee and Thomas The meeting was called to order at 5:35 p.m. by Council President Perry. Legislative Update. Witham reported on the impacts of the state budget on cities, and on the status of the City's top priority issues. She also answered questions on specific issues. Interaovernmental Issues. Albertson noted that a position is open on the Suburban Cities Association Flood Advisory Board and asked Witham to check her eligibility to serve. FEMA/Levees. Public Works Director LaPorte outlined the history of levees and flood maps, and updated the Councilmembers on recent FEMA flood mapping changes. Economic and Community Development Director Wolters spoke of the importance of continuing to move forward, after which a discussion of certification of the levees was held. The meeting adjourned at 6:10 p.m. Brenda Jacober, CIVIC City Clerk KENT Agenda Item: Consent Calendar— 7C TO: City Council DATE: April 19, 2011 SUBJECT: Comprehensive Plan Land Use Map Amendment (Kentara Short Plat) Ordinance —Adopt MOTION: Adopt Ordinance No. approving an amendment to the Comprehensive Plan Land Use Map to designate Kentara Short Plat Lot 21 as SF-6 Single Family Residential (6 Units/Acre) in its entirety. SUMMARY: After holding a public hearing on March 28th, the Land Use & Planning Board recommended approval of an application by Schneider Homes to amend the Comprehensive Plan Land Use Map for Kentara Short Plat Lot 21 located at 10329 SE 273rd Place in Kent. Approval would change the lot's existing split designation to SF-6, Single Family Residential (6 Units/Acre) in its entirety. The applicant separately submitted an application for corresponding rezone and anticipates submitting an application for a 3-lot short plat. The proposed amendment to the Land Use Map was included in the 2010 Docket Report. The property currently has a split designation of US, Urban Separator (approximately 0.45 acres) and SF-6 Single Family Residential (approximately 0.34 acres). The City surplussed the Urban Separator portion of the property from a much larger parcel used in construction of the 272/277th Street Corridor. The Urban Separator designation is locally designated only and is not included on the Urban Separator map adopted as part of the King Countywide Planning Policies. EXHIBITS: Ordinance with Exhibits RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the City of Kent Comprehensive Plan to change the current land use map designation for property located at 10329 S.E. 273rd Place from split SF-6 (Single- Family 6 units/acre) and US (Urban Separator) to a unified designation of SF-6 (Single Family 6 units/acre). RECITALS A. The City of Kent has established a procedure for amending the Comprehensive Plan in Chapter 12.02 of the Kent City Code, which sets a deadline of September lst of each year for submittal of requests for comprehensive plan amendments. B. On September 1, 2010, the City of Kent received a Comprehensive Plan Land Use Map amendment application and a Zoning District Map amendment for Lot 21 of the Kentara subdivision located at 10329 S.E. 273rd Place, Kent (CPA-2010-3/CPZ-2010-1/KIVA #2102424). C. The comprehensive plan designation for the above property is currently split between SF-6 (Single-Family 6 units/acre) and US (Urban Separator). See Exhibit "A", attached. 1 Kentara Lot 21 Comprehensive Plan Amendment D. The applicant requested a plan designation of SF-6 (Single- Family 6 units/acre) and a corresponding Zoning District Map amendment of SF-6 (Single-Family 6 units/acre). E. The Economic and Community Development Committee recommended inclusion of the proposal in the 2010-11 Economic and Community Development Department work program. F. The Zoning District Map amendment application only may proceed if and when the City Council adopts an ordinance approving the proposed Land Use Map amendment. G. Staff presented the proposed amendment at the January 10, 2011 and March 14, 2011 Land Use and Planning Board workshops. H. A public hearing was held during the March 28, 2011 Land Use and Planning Board (LUPB) meeting. After closing the hearing, the LUPB voted unanimously to approve applicant's request for a Comprehensive Plan Land Use Map Designation over the entire site of SF-6 (Single-Family, 6 Units/Acre). I. At its April 11, 2011, meeting, the Economic and Community Development Committee recommended the approval of the Comprehensive Plan Land Use Map Designation of SF-6 (Single-Family 6 units/acre) Residential for the Kentara Lot 21 located at 10329 S.E. 273ra Place, Kent. J. On March 24, 2011, notice was sent to the Washington State Department of Commerce requesting expedited review for an amendment to the development regulations. On April IIth, 2011, the City was granted 2 Kentara Lot 21 Comprehensive Plan Amendment expedited review and was informed that it had met the Growth Management Act notice requirements under RCW 36.70A.106. K. On March 21, 2011, the City's State Environmental Policy Act (SEPA) Responsible Official issued an addendum to the city's Comprehensive Plan Environmental Impact Statement (EIS), finding this proposal to be "consistent with the range, types, and magnitude of impacts and corresponding mitigation" required in the city's Comprehensive Plan and attendant EIS. L. On April 19, 2011, the Kent City Council determined that the proposed amendment to Kentara Short Plat Lot 21 (CPA-2010-3/CPZ- 2010-1) is consistent with the standards of review for Comprehensive Plan amendments outlined in Section 12.02.050 of the Kent City Code and approved the Comprehensive Plan amendment to designate the parcel of property located at 10329 S.E. 273rd Place, Kent from a split designation of SF-6 (Single-Family 6 units/acre) and US (Urban Separator) to a unified plan designation of SF-6 (Single-Family 6 units/acre). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, — Recitals Incorporated as Findings. The foregoing recitals are incorporated by this reference. SECTION 2, - The City of Kent Comprehensive Plan, adopted by Ordinance No. 3222, and as subsequently amended, is amended to establish a new plan designation for the property located at 10329 S.E. 273rd Place to SF-6 (Single-Family 6 units/acre). See attached Exhibit B. 3 Kentara Lot 21 Comprehensive Plan Amendment SECTION 2, - SeverabilitY. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3, - 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 ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 4, - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2011. APPROVED: day of 2011. PUBLISHED: day of 2011. 4 Kentara Lot 21 Comprehensive Plan Amendment I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordi nance\Co mpP la nAnnend Land Use Ma pKenta ra.docx 5 Kentara Lot 21 Comprehensive Plan Amendment EXHIBIT "A" ® r N N C V N d A jftzi9 �y # "•'' � Tt £3 �'� { �4't`�'. }'"5 $ '�S3�s1 ��ra �4 xY%b.a�" : tF" �x„, - ,.zaO bn 3 : �4�2�� l ��� t rrAA55zz N i fi� 103, 1 s Ad IWO r w��. ,. �• � � � i ter„ , a - cx�• - i SE', t M t � : 'I 1, fI v J - t WHIM I Lo fm�gi 7LUL LL a ,P 1 r; 1 .1 39—AV bQ 4PiAM 3S Id £OG /'f�f if ( {yf t ✓ � � r E t,. iy n''�, � ( y ` ir r + _ ° ke'�.'\�z"� -m"= �t�# i ,�,.,=w-..-.fi✓� �j'4.�1���t\ /1Y%',,�+` \ ���\�: a 1'+ KENT Agenda Item: Consent Calendar- 7D TO: City Council DATE: April 19, 2011 SUBJECT: Aukeen District Court Building Lease Agreement, Second Amendment - Authorize MOTION: Authorize the Mayor to sign the Aukeen District Court Building Lease Agreement, Second Amendment, between King County and the City of Kent. SUMMARY: This Second Amendment defers required completion dates for the City's obligation to construct an addition and remodel the Aukeen Court Building, while the County and City negotiate a purchase and sale agreement for the Aukeen District Court building. EXHIBITS: Agreement RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN KING COUNTY AND CITY OF KENT AUKEEN DISTRICT COURT BUILDING THIS AMENDMENT TO LEASE AGREEMENT(the "Amendment")is made and entered into by and between KING COUNTY, a political subdivision of the State of Washington ("Landlord"), and the CITY OF KENT, amunicipal corporation of the State of Washington("Tenant"). The date of this agreement for reference purposes only shall be , 2011. Capitalized terms in this Amendment shall have the meanings set forth in the Lease, unless defined herein. hi case of conflicting definitions or terms,the definitions and terms contained herein shall control. The Parties covenant and agree as follows: RECITALS A) Landlord and Tenant, entered into that certain Lease dated December 22, 2008, as amended (the "Lease") establishing Tenant's leasehold in the Premises, which is located within landlord's Building at 1210 S. Central Avenue, Kent WA. Both Landlord and Tenant occupy and provide court services within the Building. The parties entered into the First Amendment to the Lease on or about February 5, 2010 to expand the leasehold area. B) As part of Tenant's consideration for the Lease, it undertook certain construction obligations (hereafter "Tenant's Construction Obligations")to construct tenant improvements to expand the Premises. Tenant's construction obligations are provided in Exhibit C(Work Letter Addendum Tenant Improvements and Tenant's Work)to the Lease. C) Pursuant to Section 2(B)(5) of the Lease, Tenant was required to initiate Tenant's Construction Obligation within 11 months of the Lease Commencement date, and was to have completed tenant's Construction Obligation, according to Section 2(B)(5), 11 months later. The parties have by written agreement extended these deadlines three (3)times due to an inability of the parties to agree on 100% drawings and to manage the increased risk of flooding. Given these extensions, the Tenant has not completed its Construction Obligation. D) Tenant has standing to purchase the Property pursuant to that certain Right of First Offer to Purchase Property, as amended and attached to the Lease as Rider One. Landlord has indicated a willingness to sell the Property and Tenant has expressed interest in purchasing same. E) Landlord and Tenant desire to defer the required completion dates for Tenant's Construction Obligation in the Lease while engaging in good faith negotiations of the terms and conditions for a purchase and sale agreement providing for the sale of the Building to Tenant. NOW, THEREFORE, the parties hereby agree as follows: 1) Temporary Deferral of Required Initiation and Completion of Construction. Tenant's obligations to initiate and complete Tenant's Construction Obligation, as provided in Sections 2(B)(5) and 3(D)(1) and (2) of the Lease, and Exhibit C thereto, are hereby deferred for 180 days from the date of this Second Amendment. 2) Purchase and Sale Agreement. The purpose of said deferral of Tenant's Construction Obligations, as provide herein, shall be to permit Landlord and Tenant to engage in good faith negotiations for the sale of the Building by King County to the City of Kent. So long as the parties are engaged in good faith negotiations for said sale, the deferral of Tenant's Construction Obligations may be extended by mutual written agreement. 3) Termination of Sale Negotiations. Either party hereto may terminate said sale negotiations subject to 10 days' prior written notice to the other party. In this event, Tenant's Construction Obligation as provided in the Lease including, without limitation, Exhibit C and Sections 2(B)5 and 3(C) and (D), shall be in full force and effect, except that construction and performance requirements with required action related to the Lease Commencement Date shall be extended by 180 days from the date of receipt of notice to terminate sale negotiations. 4) Indemnification. Landlord and Tenant each agree to indemnify and hold harmless the other to the full extent allowed by law from any liability, claims, costs and damages, including attorney fees, arising from the exercise by the indemnifying party or its elected officials, employees, managers, agents, or contractors of the rights or obligations created herein by the indemnified party. The foregoing indemnity has been specifically negotiated and applies to actions brought by each party's own employees and is specifically and expressly intended to constitute a waiver of each party's immunity under RCW Title 51, but only to the extent necessary to indemnify against claims made from each party's own employees. All other terms and conditions of the original Lease, as amended, shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have signed this Lease as of the day and year first above written. LANDLORD: TENANT: King County, a Political Subdivision of CITY OF KENT, a municipal corporation of the State of Washington the State of Washington By: By: Title: Title: Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Senior Deputy Prosecuting Attorney City of Kent Legal Department STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day personally appeared before me to me known to be the of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and that he was authorized to execute the said instrument. GIVEN under my hand and official seal this day of , 2011. NOTARYPUBLIC in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day personally appeared before me to me known to be the of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and that he was authorized to execute the said instrument. GIVEN under my hand and official seal this day of , 2011. NOTARYPUBLIC in and for the State of Washington residing at My appointment expires KENT Agenda Item: Consent Calendar- 7E TO: City Council DATE: April 19, 2011 SUBJECT: Temporary Flood Protection Structures Permitting Deadline Ordinance - Adopt MOTION: Adopt Ordinance No. amending Ordinance Nos. 3932, 3933, and 3959 to extend the waiver for temporary flood protection structures to July 1, 2012. SUMMARY: On September 15, 2009, the Kent City Council adopted Ordinance No. 3932 temporarily waiving certain permitting requirements for temporary structures constructed for flood protection purposes due to the threat posed by the diminished flood control capabilities of the Howard Hanson Dam. Ordinance No. 3932 has been amended twice, extending the current waiver to July 1, 2011. With the final phase of temporary repairs complete and additional repairs planned for this summer, the risk of flood will be no greater than the risk of flood that existed prior to the time the abutment problems were discovered. At the current time, it appears that the next stage of repairs will be completed by the Fall of 2011 and testing will be completed in the late Spring of 2012. The ordinance, as amended, allows properties to maintain temporary flood protection structures without a permit, if those structures are removed by July 1, 2012. If the structures are not removed by that date, a permit for those structures would need to be obtained. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Ordinance Nos. 3932, 3933, and 3959 to extend the waiver provided by those ordinances of certain permitting requirements for temporary structures constructed for flood protection purposes due to the threat posed by the diminished flood control capabilities of the Howard Hanson Dam from July 1, 2011, to July 1, 2012. RECITALS A. On September 15, 2009, the Kent City Council adopted Ordinance No. 3932 temporarily waiving certain permitting requirements for temporary structures constructed for flood protection purposes due to the threat posed by the diminished flood control capabilities of the Howard Hanson Dam. Ordinance No. 3933 was adopted shortly thereafter to further clarify when the permitting requirements for temporary flood protection structures would be waived under Ordinance No. 3932. Ordinance No. 3959 was adopted June 1, 2010 extending the waiver provisions of the prior ordinances to July 1, 2011. 1 Amending Ordinance No. 3932, Ordinance No. 3933, and Ordinance No. 3959 Re. Permitting of Temporary Flood Protection Structures B. Near the end of 2009, the U.S. Army Corps of Engineers completed temporary repairs at the Howard Hanson Dam, which included constructing a grout curtain along a damaged abutment. This temporary fix has reduced the flood risk posed to property owners and citizens located down-river of the dam. C. The U.S. Army Corps of Engineers has obtained an independent review of its plans for temporary and permanent repairs needed at the Howard Hanson Dam, and the reviewing engineers have concluded that the U.S. Army Corps of Engineers is taking the appropriate steps to temporarily and permanently repair the dam in order to stop water seepage through a damaged abutment. Most recently, the federal government has designated $44 million in emergency funding for further repairs at the Howard Hanson Dam that may include an extended grout curtain or a concrete cutoff wall. The final plans are still in process. D. Given the temporary repairs that have already been constructed, and the additional repairs that will be constructed with the designated funds, the flooding risk has continued to decrease. Once the additional repairs are made to the Howard Hanson Dam with the use of the designated funds, the risk of flood will be no greater than the risk of flood that existed prior to the time the abutment problems were discovered. At the current time, it appears that the next stage of repairs will be completed by the Fall of 2011 and testing will be completed in the late Spring of 2012. E. Ordinance No. 3932, as amended by Ordinance Nos. 3933 and 3959, provided that property owners and tenants within the City of Kent could install temporary flood protection structures without a permit, if those structures were removed by July 1, 2011. If the structures are not 2 Amending Ordinance No. 3932, Ordinance No. 3933, and Ordinance No. 3959 Re: Permitting of Temporary Flood Protection Structures removed by that date, the ordinances provide that a permit for those structures would need to be obtained. F. Because the U.S. Army Corps of Engineers is constructing and testing more permanent repairs to the Howard Hanson Dam and in order to address the needs of the community in light of the continually changing flood threat as construction and testing at the Howard Hanson Dam continues, the City Council has elected to extend the permitting exemption by one additional year, to July 1, 2012. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE Ordinance No. 3932, as amended by Ordinance No. 3933, as amended by Ordinance No. 3959 is amended as follows: SECTION 1, - Recitals Adopted as Findings. In addition to the findings adopted by the Kent City Council in Ordinance Nos. 3932,. arm 3933, and 3959 the City Council finds the additional recitals listed above to be true and correct in all respects and adopts and incorporates them as its findings for the purposes of this ordinance, Ordinance No. 3933, arRd Ordinance No. 3932, and Ordinance No. 3959. The City Council further finds that the threat of flooding caused by the structural weaknesses in the Howard Hanson Dam abutment constitutes a real and imminent emergency that poses a threat to the health, safety, and welfare of the persons and property in and near the Green River Valley. Even though the actual occurrence of flooding is subject to weather-related events and is accordingly not capable of being predicted with any accuracy at this time, 3 Amending Ordinance No. 3932, Ordinance No. 3933, and Ordinance No. 3959 Re: Permitting of Temporary Flood Protection Structures and may in fact not occur at all, the threat nevertheless remains real and imminent, and it is appropriate and advisable to take appropriate steps to protect persons and property now when time allows to provide protection in advance of any potential flood. SECTION 2, — Definitions. The following definitions apply to the words and phrases used in this ordinance: A. Temporary Flood Protection Structure. "Temporary Flood Protection Structure" means any sandbag, water-filled sack, earthen berm, concrete block, or similar material, or any combination of these materials, placed or installed within ten feet (10') of, or as close as is reasonably practicable to, the outside perimeter of any critical facility for the sole purpose of keeping potential Green River floodwaters from invading the critical facility. B. Critical Facility. "Critical Facility" includes the following: 1. Any permanent building primarily used as a business or residence that is regularly staffed or is lived in on a daily basis; 2. Any structure used to store bulk fuel or bulk hazardous or dangerous wastes; 3. Any structure or building owned or operated by a public entity whose preservation is necessary for public safety purposes; and 4. Any building or other structure necessary for the ongoing operation of any public or government franchised sewer, water, stormwater, power, gas, or telecommunications utility. Garages, sheds, or other outbuildings, parking areas, landscaping areas, and other similar areas or structures are specifically excluded from this definition. 4 Amending Ordinance No. 3932, Ordinance No. 3933, and Ordinance No. 3959 Re: Permitting of Temporary Flood Protection Structures SECTION 3, — Scope, Purpose, & Applicability. A. This is an unanticipated emergency that poses an imminent threat to public health, safety, and the environment within the Green River Valley that requires immediate action within a time too short to follow established permit application and approval procedures. B. The purpose of this ordinance is to provide property owners the ability to protect life and property in advance of any flood, should one occur, while making best efforts to control the placement of these structures in a manner that attempts to maintain adequate protection for flood storage, erosion and sedimentation control, and other environmental and regulatory controls. C. Temporary Flood Protection Structures placed or installed to protect critical facilities located within the Green River Valley are exempt from the City's permitting application and approval process for those structures if the Temporary Flood Protection Structure is removed no later than July 1, 201-12. While the permitting procedural requirements for Temporary Flood Protection Structures are waived, these structures must still comply with the substantive requirements of all applicable federal, state, and local regulations, specifically including, without limitation, the State Environmental Policy Act, the Shoreline Master Program, the International Building and Residential Codes, or other International and Uniform Codes, the Kent Zoning Code, and the Kent Design and Construction Standards. D. Temporary Flood Protection Structures must be both maintainable and removable; structures subject to degradation, deterioration, abnormal wear and tear, or damage (for example and without limitation, from deficient design, inappropriate fabrics, ultraviolet light, or excessive 5 Amending Ordinance No. 3932, Ordinance No. 3933, and Ordinance No. 3959 Re. Permitting of Temporary Flood Protection Structures erosion from flood waters or flood debris) are not Temporary Flood Protection Structures for the purposes of this ordinance. E. All Temporary Flood Protection Structures must be removed and all materials used to place or install the structures must be properly and legally disposed of no later than July 1, 201-12. Any Temporary Flood Protection Structure that remains on site beyond July 1, 201-12, will automatically be deemed a permanent flood protection device, structure, or installation, will automatically be deemed subject to this ordinance and to all applicable regulatory and permitting requirements, and will automatically be deemed in violation of this ordinance and the Kent City Code for failure to obtain necessary permits and approvals, enforceable under chapter 1.04 of the Kent City Code and subject to civil and criminal penalties F. All flood protection structures that do not meet these requirements for Temporary Flood Protection Structures must be properly permitted under city, state, and federal regulatory requirements. However, because this is an emergency and because the threat of flooding is imminent, property owners who wish to construct flood protection structures other than Temporary Flood Protection Structures may commence work immediately, but the property owner must subsequently obtain all required permits for that non-temporary structure no later than July 1, 201-12. SECTION 4, - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 6 Amending Ordinance No. 3932, Ordinance No. 3933, and Ordinance No. 3959 Re: Permitting of Temporary Flood Protection Structures SECTION S. - 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 ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 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 SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 7 Amending Ordinance No. 3932, Ordinance No. 3933, and Ordinance No. 3959 Re. Permitting of Temporary Flood Protection Structures APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of June, 2011. APPROVED: day of June, 2011. PUBLISHED: day of June, 2011. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordi na nce\Flood Protection Measures-Extend PernnitOeadl ine.doc 8 Amending Ordinance No. 3932, Ordinance No. 3933, and Ordinance No. 3959 Re: Permitting of Temporary Flood Protection Structures KENT Agenda Item: Consent Calendar— 7F TO: City Council DATE: April 19, 2011 SUBJECT: Street Sweeping Contract — Authorize MOTION: Authorize the Mayor to sign the contract with McDonough and Sons, Inc., to provide street sweeping services to the City, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The current street sweeping contract is set to expire May 31, 2011. The City issued a Request for Proposals (RFP) to provide street sweeping services. The City received three proposals. Under the current contract, residential areas are swept twice per month. Staff recommendation under the proposed contract would include sweeping residential streets once per month January — September and twice per month October - December. During the fall, leaves may cause localized flooding and it is also the time when the most debris may be washed into the storm water system and catch basins. Sweeping these materials is more cost effective than increasing catch basin cleanings. EXHIBITS: Contract RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The current contract is $21,709.82 per month including the Panther Lake Annexation Area. The proposed contract is $14,871.30 per month plus premium service and extra call-out charges estimated to be approximately 100 hours annually. Overall the new contract decreases the utility costs. STREET SWEEPING SERVICE CONTRACT 2011 THIS CONTRACT is entered into between the CITY OF KENT, a Washington municipal corporation ("CITY") and McDonough and Sons, Inc., a Washington Corporation ("Contractor"). RECITALS The Contractor represents that it has the experience, resources, and expertise to perform the Contract services; and After a due diligence period observed by both parties, the City desires to enter into this Contract with the Contractor for street sweeping services. NOW, THEREFORE, in consideration of the mutual covenants and promises in this Contract, the City and the Contractor agree as follows: 1. DEFINITIONS 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. 1.1 CITY - The City of Kent, a Washington municipal corporation, whose mailing address is 220 Fourth Avenue South, Kent, Washington 98032. As used in this Contract, it includes the official of the City holding the Office of Mayor or her/his designated representative including, but not limited to, the Public Works Director or his/her designee and the Street Superintendant. 1.2 CONTRACT — This Contract, exhibits thereto, any change orders, Contractor's response to the City's RFP, and any clarifications, amendments, or additions to the Contract. 1.3 CONTRACTOR - The individual, firm, joint venture, co-partnership or corporation, and its heirs, executors, administrators, successors, and assigns, or the lawful agent of any such individual, firm,joint venture, partnership, or corporation, or its surety under the contract bond, constituting one of the principles to the Contract and undertaking to perform the work herein specified. Where any pronoun is used as referring to the word "Contractor" it shall mean the Contractor as defined herein. 1.4 CURB - A vertical or sloping member generally along and defining the edge of street. CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 1 of 19 1.5 EMERGENCY - Any set of circumstances which, at the sole discretion of the City, gives rise to a need for immediate services from Contractor to protect the life, health and/or safety of citizens and/or to protect the City's infrastructure. 1.6 HAZARDOUS MATERIAL - Any substance that is defined as hazardous or toxic by federal or state law or regulation, including but not limited to 40 C.F.R. Part 261; 42 U.S.C. Section 6901, et seq.; 15 U.S.C. Section 2601 et. seq; Chapter 70.105 RCW; and Chapter 173-303 WAC. 1.7 INTERSECTION - The area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of two streets which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict. The junction of an alley with a street is included. 1.8 PREMIUM SERVICE - Services, at the discretion of the City, by which the Contractor shall, within 24 hours of notice, proceed to sweep at least once per day in areas designated by the City. This PREMIUM SERVICE will continue for Ninety (90) days unless extended or suspended by the City primarily occurring during the months of October through December. The option to use, extend or suspend PREMIUM SERVICE shall be at the sole discretion of the City. 1.9 PREMIUM SERVICE AREA- Areas designated by the City, to be swept at least once per day for a period up to ninety days. Streets can be added or deleted at the discretion of the City. 1.10 SPECIAL SWEEPING — Consists of as-needed sweeping to assist with cleaning up of spills, accidents and other unplanned events, including the sweeping of sand after snow events, except that sand along the gutter line shall be regarded as part of the regular Contract Work. 1.11. STREET—As referred to this Contract shall be defined as the entire surface between rights of way lines, from curb to curb including island, traffic curbs, intersection areas, auxiliary lanes and those paved areas between curbs that exist where alleys intersect streets. 1.12 SWEEPING MATERIAL - The material, debris, or waste that is swept from the street including decant (extracted liquid) and spoils (the remaining solids). Decant will be deposited at designated decant locations, Exhibit E, and elsewhere as approved by the City in writing. Spoils will be disposed of at designated disposal facilities. 1.13 WORK - The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the service and carrying out all of the duties and obligations imposed by the Contract. CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 2 of 19 2. PAYMENT AND PERFORMANCE BOND Prior to execution of this Contract by the City, the successful Proponent shall make, execute and deliver a good and sufficient bond equal to the amount of the fifty thousand and no/100ths ($50,000.00). The bond shall be with a surety company as surety and be conditioned that the successful Proponent shall faithfully perform all of the provisions of this Contract and pay all laborers, mechanics, and subcontractors and material persons and all persons who supply such person or persons or subcontractors with provisions and supplies for carrying on of such work. This bond shall be filed with the City Clerk. The surety must agree to be bound by the laws of the State of Washington and subject to the jurisdiction of the State of Washington. The Payment and Performance Bond shall be on the form provided as Form F to this Contract. The initial Payment and Performance Bond shall cover the 6/1/2011 — 5/31/2014 contract term only. hi the event the term of the contract is extended for one or more annual terms per Paragraph 3.1 the Contractor shall be required to submit a new bond covering the contract extension. Provided, however, that failure of the Contractor to submit a new bond shall not constitute a default under the bond then in force. 3. TERM AND PAYMENT 3.1 Term of Contract and extensions. The contract for service shall be in effect for a term of 3 years and shall commence on June 1, 2011, and shall end on May 31, 2014. However, in the event the Contractor has fully performed all the terms, covenants and conditions of the contract to the City's satisfaction, and because the contract is not a PUBLIC WORKS CONTRACT, and is a SERVICE CONTRACT, the City may, at its sole option, extend the terms of this contract for up to two (2) one (1) year service contract extensions. The City's option to extend this contract shall be delivered by written notice to the Contractor not less than sixty (60) days prior the expiration of each contract term. 3.2 Termination The City may terminate this Contract upon ninety(90) days notice to the Contractor. 3.3 Compensation and taxes. 3.3.1. Contractor shall be paid monthly in the lump sum of $14,871.30 for properly providing the required service to Frequency Areas A, B, and C, as described in the Proposal Forms for to this Contract. However, the City of Kent reserves the right to alter the frequency in which Area B (from once a month Jan. — Sept. and twice a month Oct. — Dec. to twice a month all year) is serviced with a minimum 90 days written notice in which case the monthly lump sum will be $21,476.69. If the City chooses to alter the frequency of Area B (March through October), the change shall commence in January of the following year and last through the term of the contract and any applicable extensions- unless further contract modifications are made by the City. 3.3.2 Contractor shall be paid in the amount of $0.010 per linear foot of curb for properly providing the required service to Frequency Area D, Premium Service, as described elsewhere in this Contract. Payment will be based on the actual linear feet swept. CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 3 of 19 Services performed in excess of those authorized by the City will not be compensated. 3.3.3 Contractor shall pay all applicable taxes. 3.4 Compensation for additional services. 3.4.1 Special sweeping. In the event the City orders Special Sweeping service, the Contractor will be paid on an hourly basis for actual, reasonable time at the rate of $69.00 per hour. Invoices for payment for Special Sweeping services must show name of person requesting Special Sweeping, date and time of request, location of the work performed, and date and time the work was completed. 3.4.2 Increased service during term of Contract. The City reserves the right to increase the total linear curb footage beyond that originally set forth in this Contract. The City shall pay Contractor for the additional footage as follows: (a) Establish the street sweeping frequency schedule for the added street(s); (b) Determine the total additional footage per sweeping schedule for the added street(s); (c) Determine a price per foot for each affected street schedule from the costs, linear curb footage and schedules established in this Contract; (d) Multiply the total additional footage per sweeping schedule by the price per foot for that schedule as stated in this Contract; and (e) If the City increases the required sweeping area by a total additional linear curb footage exceeding twenty-five percent (25%) of the total linear curb footage originally contracted for in this Contract, either party may re-open negotiations for the specific, limited purpose of adjusting the price for these additional services. 3.5 Penalty for missed service. In the event Contractor fails to sweep one or more streets during the sweeping cycle defined in this Contract, the City may, at its sole option, elect to require the Contractor to sweep the missed streets as provided for in this Subsection, OR may elect to reduce the payment owed to the Contractor. If the City elects to reduce the payment owed to the Contractor, the reduction shall be calculated as follows: (a) Determine the Contractor's contract price per linear curb foot swept from the costs, linear curb footage and schedules established in this Contract; (b) Multiply the contract price per linear curb foot swept by the total number of linear curb feet that the Contractor failed to sweep in a given month; and (c) Reduce the next monthly payment due to the Contractor by the total reduction calculated in this Subsection. 3.6 No Compensation for Weather Impacts. Contractor shall not be entitled to extra time or compensation for weather-caused debris, sand in the gutter line from street sanding, or similar weather related conditions. 3.7 Schedule of pavments by City. Contractor shall invoice the City by the second CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 4 of 19 day of each month. Payment for services rendered during each month will be paid as soon as possible under the City's standard schedule for processing purchase orders, provided the Contractor has met the conditions of this Contract and that proper invoices and other required records have been timely received by the City. The estimated time for payment shall be thirty (30) calendar days from the date of proper receipt of Contractor's invoices. Payment will be based on the actual linear feet swept. Invoices will include the specific identification of costs for Special Sweeping or other extra work. Disposal site tickets, invoices and or receipts will be provided with the invoices. The invoice requirements for special sweeping in section 2.4.2 will be observed. 3.8 Documentation of services performed. As described in Subsection 4.3 of this Contract, Contractor shall track work performed using Global Positioning System (GPS) monitoring of vehicles, with maps showing work performed to be available to the City online via internet. The Contractor shall submit hardcopy color maps to the City upon request. All cost for GPS tracking and the production of said maps, including, but not limited to, time, material, hardware, software, and transferring electronic files, if requested by the City, shall be borne by Contractor. 4. SCOPE OF SERVICES 4.1 Contract Work. As the term Work is defined in section 1.13 of this contract. 4.2 Furnishing of labor, tools and equipment. The Contractor shall do all Work and furnish all labor, tools, materials, and equipment for street sweeping in accordance with and as described in this Contract. 4.3 Permits and licenses. The Contractor shall be responsible to obtain and pay for any permits or licenses required by the City or any other local, state or federal governmental authority that are necessary to perform the contract, including all required licenses for Contractor's officers, agents, employees and subcontractors. 4.4 Independent contractor status. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. 4.5. Laws to be observed. The Contractor shall always comply with all Federal, State, regional, tribal and local laws, ordinances and regulations that affect Work under this Contract. The Contractor shall defend, indemnify and save harmless the City (including elected officials, agents, officers and employees) against any claims that may arise because the Contractor (or any employee of the Contractor or any subcontractor) violates a legal requirement. This subsection 3.4 is supplemental and in addition to any section or subsection in this Contract that makes reference to specific laws, ordinances or regulations. 4.6 Taxes and insurance fees. The Contractor shall secure at its expense, and shall be responsible for all payments of sales and income taxes, social security withholding, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officers, agents, employees and subcontractors. 4.7 Emplovee and Subcontractor requirements. Contractor and any subcontractors shall comply with the following employee requirements: CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 5 of 19 CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 6 of 19 4.7.1 All workers shall be competent and experienced in the performance of the work to which they are assigned. Failure or delay in the performance of this contract due to the Contractor's failure to provide workers adequate in number and skill to perform the Contract shall constitute a material breach of this Contract. 4.7.2 PAYMENT OF PREVAILING WAGES IS REQUIRED FOR THIS SERVICE CONTRACT pursuant to RCW 39.04.010, as currently enacted or hereafter amended. 4.7.3 Contractor shall require that all operators of its street sweeping equipment maintain current, valid appropriate Washington State Driver's Licenses and any other pertinent requirements thereof, including commercial driver's licenses and insurance, if not insured by Contractor. 4.7.4 Contractor shall require all employees to be courteous at all times, to abstain from the use of loud or profane language and to perform the Work as quietly as possible. All employees shall be neat in appearance. The City reserves its absolute right to determine whether Contractor is in compliance with this subsection. 4.7.5 Contractor shall, at all times, have designated persons available to accept orders for Special Sweeping and other directions from the City. Such person(s) shall have immediate charge of operations and shall provide the required performance. 4.7.6. All operators of Contractor's street sweeping equipment shall attend Spill Response Training, offered by the City Environmental Engineering Division, at least once per calendar year. 5. REQUIREMENTS FOR VEHICLES 5.1 GENERAL APPEARANCE. Sweeping vehicles shall be numbered and shall have the Contractor's name and vehicle number painted in letters of contrasting color at least four inches high on each side and on the back of each vehicle. No advertising shall be permitted other than the name of the Contractor. The Contractor shall allow the City of Kent to place stormwater educational magnets on street sweepers at the sole expense of the City. All vehicles shall be kept in a clean and sanitary condition, and all sweeping vehicles shall be cleaned at least once a week. Repainting of all vehicles shall be done as needed to maintain an acceptable appearance, or within thirty (30) days after the written notification by the City. 5.2 STATE STANDARDS. Street Sweepers required for performance shall be maintained in good working condition, equipped with proper warning lights, and operated and equipped in accordance with Chapter 46.37 RCW, as currently enacted or hereafter amended, as it applies to slow moving and/or maintenance vehicles. 5.3 GPS REQUIRED. Each of Contractor's sweepers dedicated to the performance of this contract work stated herein shall be equipped with a functioning Global Positioning Satellite (GPS)mobile unit. The GPS mobile unit shall be capable of tracking the sweepers position, direction, speed, time and status (sweeping or not sweeping) when operating CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 7 of 19 within the City limits in any weather. Contractor shall maintain daily electronic files of the GPS tracking information. Further, the Contractor shall use the GPS electronic files to produce a plotted color map, on a weekly basis, reflecting the Contractor's sweeping activities of the previous week. The map shall be produced in an electronic format and be made available to the City via internet. Hand drawn maps will not be accepted. A hard copy of the plotted map shall be submitted to the City upon request. The Contractor shall retain all electronic records for the records retention period set forth in Section 13.1 of this Contract. The Contractor shall, upon request, provide the City with any electronic files or maps requested. 5.4 AGE OF VEHICLES. No vehicle may be more than five (5) years old at any time it is used to perform obligations under this Contract. 5.5 LEAKS AND SPILLS. All vehicles shall be kept in good working operations. If at any time any automotive fluid is leaking from the sweeping vehicles, Contractor shall remove the vehicle from service and complete repairs within 24-hours. If any automotive fluids are spilled on the City streets, the Contractor shall immediately report the spill to the City spill hotline at (253) 856-5600. The spill hotline number shall be posted in all street sweepers at all times. All Contractor vehicles shall carry the City spill hotline number in the cabs of the vehicles. All Contractor vehicles shall include a spill kit of new absorbent material to prevent any automotive fluids from entering the City storm sewers. 6. NON-EMERGENCY RESPONSE TIME Whenever directed to perform non-emergency Special Sweeping, Contractor shall respond and commence that work as directed by the City. 7. EMERGENCY RESPONSE TIME Whenever directed to perform Emergency Special Sweeping, Contractor shall respond and commence that work within two (2) hours of receiving that direction. Minimum compensation time for that extra work shall be two (2) hours at the established rate for Special Sweeping. 8. EMERGENCY USE OF OTHER CONTRACTOR In any Emergency, the City reserves its absolute right to hire any street sweeping service provider to perform any amount of work for any length of time at such rates as the City determines to be in the City's best interests during the time of that Emergency. However, the City will use its best efforts to utilize Contractor for these Emergency services whenever practical. 9. RESTRICTIONS ON PERFORMANCE The Contractor shall comply with the following route restrictions: 9.1 FREQUENCY AREA A [CORE AREA] - Core Area streets (refer to schedule) are designated for NO PARKING, MONDAYS ONLY, from 4 a.m. to 7 a.m. for street sweeping purposes. CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 8 of 19 9.2 FREQUENCY AREA B [RESIDENTIAL AREA] - No sweeping activities shall take place between 8:00 p.m. and 7:00 a.m. weekdays. Weekend sweeping may be allowed between 10 a.m. and 4 p.m. with the prior written permission of the City. 9.3 FREQUENCY AREA C [MAJOR ARTERIAL] - No sweeping activities shall take place from 6:00 am—9:00 am or between 3:00 p.m. and 7:00 p.m. 9.4 PREMIUM SERVICE AREA D [DESIGNATED ROADS TO BE SWEPT ONCE DAILY] — Premium Service Areas will be designated by the City at the time service is required. This will include but is not limited to the prompt removal of leaves to reduce clogged drain lids and localized flooding. This service may be required once daily for up to ninety(90) days. This Premium Service is further described in Exhibits B and C. 9.5 COORDINATION WITH SOLID WASTE COLLECTION. contractor shall not sweep residential streets the same day solid waste, recycling or yard and food waste is collected by the City's solid waste collection service provider. The Contractor shall work with City staff and the solid waste service provider to avoid conflicts. The solid waste collection service dates shall take precedence and street sweeping shall be adjusted accordingly. Occasionally, solid waste collection dates may change due to operational efficiencies. In those circumstances Contractor may be required to adjust schedules. 10. GENERAL SWEEPING REQUIREMENTS 10.1 Streets shall be swept clean and no piles of debris shall be left anywhere within any street or right-of-way. 10.2 Intersections shall be swept clean and Contractor shall hand sweep areas skipped by the sweeping machines consistent with frequencies identified in this Contract. 10.3 Water shall be used to control dust as needed and in compliance with state, regional and local air quality regulations. 10.4 The Contractor shall be responsible for the cleaning of all debris spilled or tracked on any street, alley or public place by any of its equipment. If the Contractor fails to clean the same within twenty four (24) hours of notice by the City, the City may cause such streets to be cleaned and may charge the costs to the Contractor. The City is authorized to deduct such cost from any payments due to the Contractor consistent with Section 2.5 of this Contract. 11. CHANGES The City may issue a written change order for any change in the services to be provided during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an adjustment according to the terms of this Contract. If CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 9 of 19 the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the price adjustment for the change order, the Contractor must complete the change order work and may proceed with the claims process below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in a way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. 12. MISCELLANEOUS PROVISIONS 12.1 Affirmation of knowing decision by Contractor. The Contractor acknowledges that it has made its own examination, investigation, and research regarding the proper method of doing the work, all conditions affecting the work to be done, the labor, equipment and materials needed and the quantity of the work to be performed. The Contractor is satisfied with its own investigation and research regarding all of these conditions and the Contractor's decision to enter into this Contract is based upon such investigation and research. The Contractor further assumes full responsibility for any estimates, statements or interpretations made by any officer or agent of the City whether or not all or part of any of those estimates, statements or interpretations may prove to be in any respect erroneous. 12.2 No implication of Citv ownership. The Contractor shall not use a firm name containing the words "Kent", "City", or any words implying municipal ownership. 12.3 Cost of water and dutv of care to water system. It is the Contractor's sole responsibility to obtain and pay for any water used in the sweeping operation and to obtain all necessary permits and meters. Contractor may obtain permits and meters for the City of Kent Water District at the City Public Works Operations building at 5821 S. 240t' Street in Kent. In areas where the Soos Creek Water District or Water District 111 have jurisdiction, Contractor shall be responsible for contacting those Districts to obtain permits and meters. Copies of hydrant permits shall be carried on all sweepers at all times. Reasonable care must be taken in order to protect the water systems from damage or contamination, including but not limited to using backflow prevention devices. hi the event any damage occurs, or potential contamination is suspected, Contractor shall immediately notify the City at(253)856-5600 or the appropriate Water District. 13. CONTACTS 13.1 Contractor's responsible management or supervisory persons shall be accessible at or through Contractor's office during regular business hours (8 A.M. to 5 P.M.) on weekdays to assure the required contractual performance. Contractor shall maintain a telephone message system to receive messages when the office is closed. CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 10 of 19 13.2 In addition, the parties agree that they will establish acceptable procedures for communication of necessary information. Each party agrees to designate a key employee who will be the responsible contact person for that party with respect to implementation of the Contract and communication of information necessary for performance. Each party agrees to follow the procedures established between the parties for regular, effective communication of information between the parties, including Emergency events that may occur outside of regular business hours. 14. REQUIRED RECORDKEEPING 14.1 Contractor shall keep at all times accurate and complete records and accounts in writing and otherwise in accord with accepted accounting practices. Records shall include but not be limited to, route books indicating which streets were swept, such records will be consistent with data generated by the GPS system attached to the Contractor's sweepers. 14.2 Contractor shall allow the City, or it's duly authorized representative or agent, reasonable and adequate access to all records, data, copies or duplicates without charge. 14.3 Each Monday, Contractor shall deliver to the City a written or electronic report of work performed during the previous week. The City will not process a purchase order for payment if Contractor does not timely and accurately provide these reports. In the event no such written report is received by the City, the City's record shall control in any dispute between Contractor and the City and the Contractor waives and releases its right to prove or allege any facts or other data differing from the City's record. 14.4 Within seven days of the effective date of this Contract, the Contractor shall submit for the City's approval, a daily sweeping schedule, together with a planned route outline on maps attached as Exhibit C or as may hereinafter be amended by the City. Contractor shall designate which holidays it will observe and indicate all schedule modifications if the holiday falls on a regular sweeping day. Should the Contractor need to modify the schedule as submitted, the Contractor shall give not less than seven (7) calendar days written notice to the City. Contractor shall work with Allied Waste of Kent to ensure residential streets (Frequency Area B) are not swept the same day garbage, recycling or yard and food waste is collected. 14.5 Contractor shall maintain accurate records of the sites utilized for disposal of the street sweeping spoils. At a minimum, these records shall show dates and times of transportation and disposal, amount of spoils disposed, and the name and location of the disposal site used. This information shall be provided in the Contractor's weekly reports. Disposal tickets, receipts and/or invoices shall be attached to Contractor's monthly invoices. 14.6 Contractor shall maintain all records for a minimum of seven years after the termination date of this Contract or such longer time as is the duration of any litigation arising out of Contractor's performance of the Contract. CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 11 of 19 15. RESPONSIBILITY FOR DAMAGE TO UTILITIES OR PROPERTY Contractor shall protect all public and private utilities and property from damages by Contractor's operation. If utilities or property are damaged by reason of the Contractor's operations, Contractor shall, at its own expense, promptly repair or replace same to the original and/or better conditions. hi the event Contractor fails to promptly make the repairs, the City shall make the repair or replacement, and the cost of doing so shall be billed to Contractor or alternately at the City's option, the City may deduct that cost from any payments due the Contractor. The Contractor shall be responsible for all consequences and shall defend, indemnify and hold the City harmless for any losses caused by the damaging or interruption of utility services or damages to property. 16. HANDLING AND DISPOSAL OF WASTES - GENERALLY 16.1 Extra care shall be taken in the loading and transportation of street sweeping spoils and other waste so that none of the material to be collected is left either on private property or on the streets or alleys. Any matter left on private property or on streets or alleys by the Contractor shall immediately be removed upon notice from the City at no extra cost to the City. 16.2 Decant as herein defined shall be disposed of at the locations specified by the City in Exhibit E to this Contract or as otherwise approved by the City in writing. 16.3 Contractor shall deliver, at its cost, street sweeping spoils to a disposal site operated by King County, or its successors, or such other site or sites as shall be approved by and meets with the disposal requirements of the Washington State Department of Ecology and any other Federal, State or Local Agency or Department with Jurisdiction; provided that the Contractor shall not use any dump or solid waste disposal site that the City would be prohibited from using were the City to collect and dispose of street sweeping spoils or waste on its own. The Contractor shall advise the City of the disposal site or disposal sites being used by the Contractor by attaching a copy of the disposal tickets, invoices and/or receipts for each site used to invoices submitted. CONTRACTOR SHALL NOT TEMPORARILY STORE ANY STREET SWEEPING SPOILS OR WASTE AT ANY SITE OTHER THAN A DISPOSAL SITE THAT HAS BEEN APPROVED BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THAT SPECIFIC PURPOSE. 16.4 Contractor assumes responsibility for all sweeping material collected and disposed under the terms of this Contract. 17. HANDLING OF HAZARDOUS MATERIALS 17.1 Contractor recognizes that the sweeping material collected by its street sweepers either is or may contain dangerous or hazardous wastes. 17.2 Contractor agrees to collect, handle, transport and dispose of the sweeping material specifically in accordance with all applicable standards, rules and regulations now in effect or hereafter amended or enacted by the Washington Department of Ecology and the United CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 12 of 19 States Environmental Protection Agency or their successors. 17.3 Contractor further assumes full responsibility and holds the City harmless for complete compliance with all applicable local, state or federal laws, rules or regulations that apply to the services provided in this contract as they affect the collection, handling, transportation or disposal of hazardous or dangerous wastes collected by its street sweepers. 18. INDEMNIFICATION AND INSURANCE 18.1 Hold harmless. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Contract, except to the extent that such injuries and damages are caused by the sole or contributory negligence of the City. 18.2 Acceptance by City not a waiver. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 18.3 Potential limits to liabilitv. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. 18.4 Waiver of immunity under industrial insurance. Solely for purposes of enforcing the indemnification obligations of a party under the terms of this Contract, Contractor expressly waives its immunity under Title 51 RCW and acknowledges that such waiver has been specifically negotiated. 18.5 Terms survive expiration of Contract. The provisions of this Contract that address insurance and indemnification shall survive the expiration or termination of this Contract, unless a specific section of this Contract states otherwise. 19. INSURANCE Minimum insurance requirements. Contractor shall procure and maintain for the duration of this Contract insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representatives, employees, subconsultants or subcontractors. 19.1 CERTIFICATE OF INSURANCE. Before beginning work on the project described in this Contract,the Contractor shall provide a Certificate of Insurance evidencing: a. Automobile Liability insurance with limits no less than $5,000,000 combined single limit per accident for bodily injury and property damage; and CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 13 of 19 b. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. C. Excess Liabilitv insurance with limits not less than $4,000,000 per occurrence and aggregate. d. Insurer. Insurance coverage is to be provided only by an insurer with a current A.M. Best rating of not less than A:VII. 19.2 CITY INSURANCE SHALL NOT CONTRIBUTE. The Contractor's insurance shall be the primary insurance as respects the City. Any insurance or self-insurance maintained by the City shall be in excess of Contractor's insurance and shall not contribute with it. 19.3 CITY NAMED AS ADDITIONAL INSURED. The City, its officers, officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance which shall be kept on file with this Contract. The City will not execute the Contract until such documents are provided. 19.4 COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED. Contractor's insurance shall 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. 19.5 NOTICE REQUIRED TO CITY PRIOR TO CHANGE IN COVERAGE. Contractor's insurance shall be endorsed to state that coverage shall not be cancelled, suspended or altered in any material way without the City being given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of the proposed cancellation, material change in coverage. 19.6 RESPONSIBILITY FOR PREMIUMS OR DEDUCTIBLES. Any payment of premiums, deductibles, or self insured retention shall be the sole responsibility of the Contractor. 19.7 PROOF OF SUBCONTRACTOR INSURANCE. Where use of a subcontractor is allowed under this Contract, Contractor shall include all subcontractors as insureds under Contractor's policies OR shall furnish the City separate certificates or endorsements for each subcontractor. All coverages for subcontractors shall meet the same insurance requirements as stated in this Contract for Contractor. 19.8 CITY NOT RESPONSIBLE FOR CONTRACTOR'S TOOLS & EQUIPMENT. The Contractor hereby agrees and acknowledges that the City bears no liability or responsibility for any loss or damage from any cause whatsoever to Contractor's tools, machinery, equipment, or vehicles, including rented tools, machinery, or equipment, or tools, CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 14 of 19 machinery, or equipment owned or rented by Contractor's agents or subcontractors. 20. 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 if Contractor's performance is prevented or delayed by acts of terrorism, landslides, lightning, fire, storms, floods, earthquakes, civil disturbances, governmental restraint or other causes, if not otherwise addressed in this Contract (e.g. storm debris and sand) that are not reasonably within the Contractor's control. If Contractor is wholly or partially unable to meet its Contract obligations due to such events, then Contractor shall promptly give notice and explanation to the City in reasonable detail. At the sole discretion of the City, Contractor's obligations shall be suspended with respect to the particular obligations made impossible by the event or events. 21. LABOR DISPUTES 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 will cooperate with Contractor in providing for the continuation of services in the best interest of public health, safety and welfare. 22. CLAIMS If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to any claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 15 of 19 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid,the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section,the Contractor completely waives any claims for protested work and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination). 23. LIMITATION OF ACTIONS CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD FOR CLAIM'S FILING BY CONTRACTOR. 24. NON-DISCRIMINATION 24.1 Contractor shall not discriminate against any employee or proponent for employment because of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, political ideology, the presence of any sensory, mental or physical handicap or the use of a trained guide or service dog by a disabled person, unless based upon bona fide occupational qualification. Contractor shall take affirmative action to ensure that proponents are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, political ideology, the presence of any sensory, mental or physical handicap or the use of a trained guide or service dog by a disabled person. 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. CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 16 of 19 24.2 Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. 24.3 Failure to comply with any of the terms of this section shall constitute a material breach of this Contract. 25. MINIMUM WAGE AND SERVICE CONTRACT AFFIRMATIONS 25.1 Contractor affirms that it has read and signed the Non-collusion/Minimum wage combined affidavit & certification form. See, Form 2 of the response to the City's Request for Proposals. Contractor agrees that this project constitutes "Public Work"for the purpose of complying with the prevailing wage requirements found in RCW 39.12.020, but in all other respects is a service contract.. Contractor agrees that it shall pay prevailing wages at applicable state rates. 25.2 Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices as required by the Washington State Department of Labor and Industries. 25.3 No payment will be made on this Contract until the Contractor and each and every subcontractor has submitted a Statement of Intent to Pay Prevailing Wages as approved by the Industrial Statistician of the Department of Labor and Industries. Payment on the final invoice for the Contract will be withheld until the Contractor and each and every subcontractor has submitted an "Affidavit of Wages Paid" that has been certified by the Industrial Statistician of the Department of Labor and Industries. 26. OTHER REMEDIES AVAILABLE TO CITY In addition to any other remedy provided herein, the City reserves the right to pursue any remedy available at law including the enforcement of the Contract terms for performance against Contractor and/or its successors and assigns. The pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. 27. TERMS OF THIS CONTRACT ARE CONTROLLING The written provisions and terms of this Contract, its exhibits and attachments, amendments and change orders shall supersede all verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Contract. 28. WAIVER OF TERMS MUST BE IN WRITING No waiver of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City. CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 17 of 19 29. SEVERABILITY AND REAWARD OF CONTRACT If any section, sentence, clause or phrase of this Contract should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Contract. In the event that any of the provisions of this Contract are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the award of this contract and may amend, repeal, add, replace or modify any other provision of this Contract, or may terminate this Contract. 30. DISPUTES 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 performance of the Contract, the exclusive means of resolution shall be by filing suit under the venue, rules and jurisdiction of the Superior Court for King County Washington. In any claim or lawsuit for damages arising from the performance of this Contract, each party shall pay its own legal costs and attorneys' fees. Provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Sections 14, 15, 16 and 17 of this Contract. 31. NOTICES All notices regarding this Contract shall be sent to the parties at the addresses below. Any written notice shall become effective as of 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 Contract or such other address as may hereafter be specified in writing. Provided, however, that daily operational and emergency communications shall be as provided for in Section 12 of this Contract. 32. ENTIRETY The Contract, Contractor's Response to the RFP and all forms and attachments are incorporated into this Contract by this reference and 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, the Response to the RFP and the attachments, this Contract shall control. No prior written or oral statement or proposal shall alter any term or provision of this Contract. CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 18 of 19 THE PARTIES agree to all terms and conditions of this Contract which shall be effective on the last day executed and warrant that the persons executing have the authority to do so. CITY OF KENT CONTRACTOR By: Suzette Cooke By: Its: Mayor Its: Dated: Dated: ADDRESS: ADDRESS: 220 Fourth Avenue South Kent, Washington 98032 (253) 856-5770 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: KENT LAW DEPARTMENT P:\Civil\Flies\Open Flles\1512-Street Sweeping RFP\Street Sweeping RFP and Draft Contract 1-19-11 KP.docx CONTRACT FOR STREET SWEEPING 2011 March 29, 2011 Page 19 of 19 KENT Agenda Item: Consent Calendar— 7G TO: City Council DATE: April 19, 2011 SUBJECT: Clark Springs Transmission Main Easement — Accept MOTION: Authorize the Mayor to sign all necessary documents accepting wider easements for the Clark Springs Transmission Main on the TRM Lumber/Fred Meyer sites within the City of Maple Valley, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City of Kent water utility currently has a number of easements across several properties between the City's Clark Springs site (which is outside the main city limits) and the City's distribution network. The Clark Springs transmission main is more than 20 feet deep in some locations. In the 1950's a 10-foot wide easement was secured for the transmission main. This is inadequate for repair or reconstruction due to the depth of the transmission main and the geology of the area. The TRM/Fred Meyer site, located at the northeast corner of Kent-Kangley road and the Maple Valley-Black Diamond Highway in the City of Maple Valley, is being developed into several commercial properties. City staff has been negotiating a wider easement with the developer and property owner that better suits repair or replace- ment of the Clark Springs transmission main if maintenance or reconstruction are ever needed. The proposed easement will be approximately 30-40 feet wide along approximately 1300 feet of the transmission main across three proposed properties and a proposed right-of-way between Summit Landsburg road and the Maple Valley- Black Diamond highway. EXHIBITS: Easements RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None WHEN RECORDED RETURN TO: City of Kent Engineering/Property Services 220 Fourth Avenue South Kent, WA 98032 Grantor: CITY OF MAPLE VALLEY, a Washington municipal corporation Grantee: CITY OF KENT, a Washington municipal corporation Abbreviated Legal Description: Additional Legal Description on Exhibit A of Document. Assessor's Tax Parcel ID No. Reference Numbers of Documents Assigned or Released: 4831730; and 8207190016 Project Name: CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 1 of 12 WATER TRANSMISSION MAIN AND TUNNELING EASEMENT WITHIN RIGHT-OF-WAY THIS WATER TRANSMISSION MAIN AND TUNNELING EASEMENT WITHIN RIGHT-OF-WAY ("Easement") is entered into as of this day of , 2011, by and between CITY OF MAPLE VALLEY, a Washington Municipal Corporation ("Grantor"), and the CITY OF KENT, a Washington municipal corporation ("Grantee"). RECITALS: A. Grantor operates that, portion of 242°d Avenue SE legally described on Exhibit A, attached hereto and by this reference incorporated herein, dedicated to Grantor with BLA No. CD0905-002, Auditors File No. , as depicted on Exhibit B attached hereto and by this reference incorporated herein (the " Property"). B. The Property is currently encumbered by the following water line easements in favor of Grantee (the "Existing Easements"): (i) Easement dated August 26, 1957, and recorded under King County Auditor's File No. 4831730, and (ii) Easement dated July 14, 1982, and recorded under King County Auditor's File No. 8207190016. C. The parties have agreed to replace the Existing Easements within the 242nd Avenue SE right-of-way with this Easement in favor of Grantee on the terms and conditions set forth below, with the intent to preserve all the rights granted by and through the Existing Easements, specifically including, without limitation, the "Agreement to Provide Tee and Riser From Municipal Water Transmission Main," dated August 26, 1957. GRANT OF EASEMENT AND AGREEMENT: NOW, THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The Existing Easements are hereby vacated by this Easement and shall be of no further force and effect. 2. Grantor, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, grants to Grantee a water transmission main CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 2 of 12 easement with necessary appurtenances for the installation, operation, maintenance, extension, construction, alteration, reconstruction and repair of the Clark Springs Transmission Main over, under, through, across, and upon the 242nd Street SE right of way dedicated to the City ofMaple Valley,as part of BLA No. CD0905-002, as depicted on the attached Exhibit B and shown as "transmission main," legally described on the attached Exhibit C (the "Right of Way Easement Area"). 3. Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the Right of Way Easement Area, and all immediately adjacent incidental areas with the necessary equipment for the purposes of altering, installing, operating, maintaining, extending, constructing, repairing, and reconstructing the Clark Springs Transmission Main, or making connections to that system; provided, however, ;that the private improvements existing within the Right of Way, Easement Area,and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in a quality equal or superior to the condition prior to;entry by Grantee and in the scope equal to the condition at such time. A. Nothwithstanding the above, except in the case of a , maintenance or repair emergency or routine inspections, where such work may be initiated immediately, Grantor shall be provided with at least thirty -(30) days prior written notice before commencement of any scheduled work. Grantee shall work in good faith with Grantor to coordinate all scheduled work performed within the Right of Way Easement Area. During such times as Grantee may be performing work on the Right of Way Easement Area, Grantee rshall =take all steps reasonably necessary to (i) not unreasonably impede ingress, egress to and from or traffic flow through the Right of Way Easement Area, and, (ii) if the City of Kent's installation, operation, maintenance, extension, construction, alteration, reconstruction or repair of the Clark Springs Transmission Main obstructs the Right of Way Easement Area, the City of Kent must provide alternate right-of- way access at all times. B. Notice as required by this section shall be delivered to the following addressees, or another addressee as provided by either party from time to time: 1. If to the Grantee: Water Superintendant CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 3 of 12 City of Kent 220 Fourth Avenue South Kent, WA 98032 Telephone: (253) 856-5610 2. If to Maple Valley Public Works Director 22017 SE Wax Road P.O. Box 320 Telephone: 425-413-8800 4. If Grantee fails to promptly restore the Right of Way Easement Area and any improvements therein as required hereunder, Grantor may, upon ten (10) days written notice to Grantee complete such restoration at Grantee's expense. Grantee shall pay to Grantor within thirty (30) days of Grantor's written demand, all actual costs incurred by Grantor to complete such restoration. 5. Grantor shall retain the right to use the surface of the Right of Way Easement Area, so long as that use does not interfere with the uses described in this document. Underground utilities are not permitted to parallel the water transmission main within five feet (5') of the Easement area; however underground utilities constructed perpendicular to the water transmission main are permitted. 6. Grantor shall not change the surface grades of the Right of Way Easement Area, except as approved in advance by the Grantee, in any manner which would unreasonably interfere with ingress, egress, and access by the Grantee for installation and maintenance of the Grantee's facilities. Notwithstanding the foregoing, Grantor may grade the Right of Way Easement Area as set forth in [citation] without the approval of or liability to the Grantee. In such case, Grantee shall bear any additional excavation and/or shoring costs resulting from such grading. 7. Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules, and regulations of any public authority having jurisdiction. Grantee accepts the Right of Way Easement Area in its present physical condition, AS IS. Grantee releases, indemnifies, and promises to defend and save harmless Grantor from and against any and all liability, loss, damage, expense actions, and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith, arising directly or indirectly on account CIARK SPRINGS TRANSMISSION MAIN EASEMENT Page 4 of 12 of or out of the exercise by Grantee, its servants, agents, employees, and contractors of the rights granted in this Right of Way Easement. 8. This Right of Way Easement shall be a covenant running with the land, and shall bind Grantors' successors and assigns and all future owners of the real property affected by this Right of Way Easement. P:\Civil\Files\Open Files\1589-Clark Springs Main Transmission - Line\CSTM&MapleValleyROWeasement032311DRAFT2.docx [Signatures on following pages] CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 5 of 12 GRANTEE: CITY OF KENT, a Washington municipal corporation By: Suzette Cooke Its: Mayor Date: APPROVED AS TO FORM: Kent Law Department STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 6 of 12 OWNER: CITY OF MAPLE VALLEY, a Washington municipal corporation By: David W. Johnston Its: City Manager Date: STATE OF WASHINGTON ) SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that David W. Johnston, is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath state that he was authorized to execute the instrument and acknowledged it, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of residing at My appointment expires CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 7 of 12 -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of residing at My appointment expires CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 8 of 12 EXHIBIT A LEGAL DESCRIPTION RIGHT OF WAY DEDICATION That portion of the Northeast quarter of the Southeast quarter of Section 27, Township 22 North, Range 6 East, Willamette Meridian, in King County,Washington, described as follows: COMMENCING at the Northeast corner of said Northeast quarter of the Southeast quarter; THENCE North 890 28' 15"West, 560.68 feet along the North line of said Northeast quarter of the Southeast quarter to the East margin of that portion conveyed to the City of Maple Valley under King County Recording No. 20060126001343 and the TRUE POINT OF BEGINNING; THENCE South 890 28' 15".East,188.67 feet; THENCE South 000 31'45"West, 30.00 feet to a point on a curve,the radius point of which bears , South 000 31'45 West; THENCE Westerly and Southwesterly along the arc of a curve concave to the Southeast, having a radius of 25.00 feet,through a central angle of 90°:00'00"and an are length of 39.27,feet; THENCE South 00° 31'45"West, 116.58 feet to a point of curvature; THENCE Southerly along the arc of a curve to the left, having a radius of 443.00 feet, through a central angle of 080 05'38"and an arc length of 62.58 feet; THENCE South 070 33'53" East, 566.64 feet to a point of curvature; THENCE Southerly and Southwesterly along the arc of a curve to the right, having a radius of 504.00 feet, through a central angle of 230 47'06"and an arc length of 209.22 feet; THENCE South 160 13' 13"West, 72.61 feet to a point of curvature; THENCE Southerly along the are of a curve to the left, having a radius of 438.00 feet,through a central angle of 22°47' 10"and an arc length of 174.19 feet to a point of compound curvature; THENCE Southeasterly along the arc of a curve to the left, having a radius of 35.00 feet, through a central angle of 930 13'53"and an arc length of 56.95 feet to a point of tangency on the North margin (30-foot one-half right-of-way width)of S.E. Kent-Kangley Road; THENCE South 800 12' 10" West, 179.03 feet along said margin to the South line of said Northeast quarter of the Southeast quarter; THENCE North 880 41' 10" West, 107.55 feet along said South line to a point on a curve, the radius point of which is North D50 10'42"West; THENCE Northeasterly along the arc of a curve concave Northwesterly, having a radius of 1,147.00 feet through a central angle of 04°37' 11"and an arc length of 92.48 feet; THENCE North 80' 13' 11" East, 68.35 feet to a point of curvature; THENCE Northeasterly and Northerly along the arc of a curve to the left, having a radius of 25.00 feet, through a central angle of 86° 36'08"and an arc length of 37.79 feet to a point of reverse curvature; Exhibit A—Page 1 of 2 Project Name: Fred Meyer-Maple Valley January 22,2010 Revised:February 4,2011 DJS/kmm 123051.011.doc -1- THENCE Northerly along the are of a curve to the right having a radius of 502.00 feet,through a central angle of 060 35'03"and an arc length of 57.69 feet to a point of compound curvature. THENCE Northerly and Northeasterly along the arc of a curve to the right, having a radius of 261.00 feet, through a central angle of 16' 01' 07"and an arc length of 72.97 feet; THENCE North 160 13' 13"East, 140.69 feet to a point of curvature; THENCE Northerly along the arc of a curve to the left having a radius of 450.00 feet, through a central angle of 23'47'06"and an are length of 186.81 feet; THENCE North 070 33' 53"West, 566.64 feet to a point of curvature; THENCE Northerly along the arc of a curve to the right having a radius of 497.00 feet, through a central angle of 08° 05' 38"and an arc length of 70.21 feet; THENCE North 00' 31'45" East, 116.58 feet to a point of curvature; THENCE Northerly and Northwesterly along the arc of a curve to the left having a radius of 25.00 feet, through a central angle of 900 00' 00" and an arc length of 39.27 feet to a point of tangency with the Easterly prolongation of the South margin of said portion conveyed to the City of Maple Valley; THENCE North 89° 28' 15" West, 84.72 feet along said prolongated line to the most Easterly Southeast corner of said conveyed portion; THENCE North 000 37' 57" East, 30.00 feet along the East line of said conveyed portion to the TRUE POINT OF BEGINNING. Exhibit A—Page 2 of 2 Project Name: Fred Meyer-Maple Valley January 22,2010 Revised:February 4,2011 DJS/kmm 123051.011.doc -2- EXHIBIT B A 1"=1501 PARCEL C PARCEL A Mp,pL�C �MRy O pp90 pJo�' Nn a 00, Nq Qe 0 TRANSMISSION o o MAIN n o C== g o_ PARCEL D 0 o , o p ° PARCEL S FlIe:P:\12000AI2305\survey\12305ex01-watecGwg Dote/Tme:3/25/2011 2:18 PM NANA HALVORSEN SCALE: For: JOB NUMBER HORIZONTAL 1"=150' VERTICAL N/A MAPLE VALLEY 12305 GAV 18215 72ND AVENUE SOUTH Q' lS KENT, WA 98032 TOWN SQUARE 12305L.023.DOC P 425 251-6222 m 'y �4253251-8782 FAX Title: SHEET CIVIL ENGINEERING, LAND TRANSMISSION MAIN PLANNING, SURVEYING, �TA7y0MG00 ENVIRONMENTAL SERVICES EASEMENT EXHIBIT 1 of 1 N DESIGNED DRAWN KMM CHECKED DJS APPROVED DJS DATE 0 01 11 EXHIBIT C LEGAL DESCRIPTION TRANSMISSION MAIN EASEMENT 242IND AVENUE S.E. PORTION That portion of the Northeast quarter of the Southeast quarter of Section 27, Township 22 North, Range 6 East, Willamette Meridian, in King County, Washington, described as follows: COMMENCING at a point where the South boundary of said subdivision intersects the original Easterly right-of-way margin (a 30-foot one-half right-of-way width)of Maple Valley-Black Diamond Road S.E. (Black Diamond-Renton Highway, SR-169); THENCE North 070 29'51"West, 310.80 feet along said margin; THENCE North 800 46' 13" East, 10.59 feet to the East margin of that portion conveyed to the City of Maple Valley by deed recorded under King County Recording No. 20060301000874; THENCE CONTINUING North 800 46 13" East, 102.74 feet; THENCE North 09' 13'47"West, 10.00 feet; THENCE North 800 46' 13" East, 54.08 feet; THENCE North 830 13' 51" East, 160.15 feet; THENCE South 06'46'09" East, 10.00 feet; THENCE North 83' 13' 51" East, 268.34 feet; THENCE North 820 17 36" East; 131.20 feet; THENCE North 55°40'22" East, 130.09 feet to TRUE POINT OF BEGINNING; THENCE continuing North 550 40' 22" East, 60.65 feet; THENCE North 070 33' 53"West, 44.80 feet; THENCE South 550 40'22"West,60.48 feet; THENCE South 07' 33' 53" East, 33.04 feet to a point of curvature; THENCE Southerly along the are of a curve to the right having a radius of 450.00 feet,through a central angle of 01° 30'25"and an arc length of 11.84 feet to the TRUE POINT OF BEGINNING. Project Name: Fred Meyer—Maple Valley March 16,2011 Revised:March 17,2011 Revised:March 25,2011 DJS/kmm 12305L.023.doc WHEN RECORDED RETURN TO: City of Kent Engineering/Property Services 220 Fourth Avenue South Kent, WA 98032 Grantor. FOUR CORNERS NORTH EAST FAMILY LIMITED PARTNERSHIP, a Washington limited partnership; POWELL-MAPLE VALLEY LLC, a Washington limited liability company; and FRED MEYER STORES, INC., an Ohio corporation Grantee: CITY OF KENT, a Washington municipal corporation Abbreviated Legal Description: Additional Legal,Description on Exhibit A of Document. Assessor's Tax Parcel ID No. , Reference Numbers of Documents Assigned or Released: 4831730; and 8207190016 Project Name: CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 1 of 10 i WATER TRANSMISSION MAIN AND TUNNELING EASEMENT AND AGREEMENT THIS WATER TRANSMISSION MAIN AND TUNNELING EASEMENT AND AGREEMENT is entered into as of this day of , 2011, by and between FOUR CORNERS NORTH EAST FAMILY LIMITED PARTNERSHIP, a Washington limited partnership ("Owner"), POWELL-MAPLE VALLEY LLC, a Washington limited liability company ("Powell"), FRED MEYER STORES, INC., an Ohio corporation ("Fred Meyer" and collectively, together with the Owner and Powell, the "Grantor") and the CITY OF KENT, a Washington municipal corporation ("Grantee"). RECITALS: A, Owner is the owner of that certain real property situated in the City of Maple Valley, King County, Washington, legally described on Exhibit A attached hereto and by this reference incorporated herein (the "Owner's Property"). B. Powell leases a portion of the Owner's Property from Owner pursuant to that certain Amended and Restated Ground Lease dated August 13, 2010, as amended (the "Ground Lease"). The property that is subject to the Ground Lease is legally described in Exhibit B, attached and incorporated by this reference (the "Ground Lease Property"). C. Fred Meyer subleases a portion of the Ground Lease Property as legally described in Exhibit B-1 attached and incorporated by this reference, (the "Fred Meyer Parcel") from Powell pursuant to that certain Sublease dated November 27, 2007, as amended (the "Sublease"). The portions of the Ground Lease Property excluding the Fred Meyer Parcel, as legally described in Exhibit B-2, attached and incorporated by this reference, are referred to herein as the "Powell Parcels". D. A portion of the Ground Lease Property was dedicated to the City of Maple Valley for construction, maintenance and operation of the 242nd Avenue SE right-of-way, as part of the "Maple Valley Town Square" project, BLA No. CD0905-002. The City of Maple Valley will grant a Water Transmission Main across that right-of-way by a separate easement. CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 2 of 10 E. The Property is currently encumbered by the following water line easements in favor of: Grantee (the "Existing Easements"): (i) Easement dated August 26, 1957, and recorded under >King County; Auditor's File No. 4831730, and (ii),Easement dated July 14, >.1982, and recorded under King County Auditor's File No. 8207190016, F. The parties<have,:agreed to vacate the Existing Easements and grant this easement in 'favor of Grantee on the terms and conditions set forth below, with the intent to preserve all the rights granted by and through the Existing Easements, specifically including, without limitation, the "Agreement to Provide Tee and 'Riser From Municipal Water Transmission Main," dated August 26,`1957. GRANT OF EASEMENTS AND AGREEMENT: NOW, THEREFORE,;in consideration of the mutual =promises contained herein and for ,other ,good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: , 1. The Existing Easements are hereby vacated by , this Water Transmission Main and Tunneling Easement and shall be of no further force and effect. 2. Grantor, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by ,Grantor, grants to the City of Kent ('Grantee"), a water transmission main easement with necessary appurtenances, for the installation, operation, maintenance, extension, construction, alteration, reconstruction and repair of the Clark Springs Transmission .Main over, under, through, across,,and upon the portion of the Ground Lease Property , as depicted on the attached Exhibit C and legally described on the attached Exhibit and over, under, through, across, and upon the portion of the Owner's Property as depicted on Exhibit E and legally described on the attached Exhibit F.(collectively, the "Transmission Main Easement Area"). 3. Additionally, Grantor, for and in consideration of mutual benefits derived and/or other valuable ,consideration, receipt of which is hereby acknowledged by Grantor, grants to Grantee a tunneling easement, with necessary appurtenances, for the installation, operation, maintenance, extension, construction, alteration, reconstruction and repair of the Clark Springs Transmission Main over, under, through, across and upon the portion of the Ground Lease Property as depicted on the attached Exhibit C and legally described on the attached Exhibit G (the "Tunneling Easement CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 3 of 10 Area"), on the condition, however, that the Grantee shall only use the Tunneling Easement Area if the Grantee determines or is required to tunnel or bore certain portions of the Transmission Main Easement Area in order to install, operate, maintain, extend, construct, alter, reconstruct or repair the Clark Springs Transmission Main. 4. Collectively, the Transmission Main Easement Area and the Tunneling Easement Area may be referred to as the "Kent Easement Areas." 5. Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the Kent Easement Areas, and all immediately adjacent incidental areas with the necessary equipment for the purposes of altering, installing, operating, maintaining, extending, constructing, repairing, and reconstructing the Clark Springs Transmission Main, or making connections to that system; provided, however, that the private improvements existing within the Kent Easement Areas and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in a quality equal or superior to the condition prior to entry by Grantee and in the scope equal to the condition at such time. A. Notwithstanding the above, except in the case of a maintenance or repair emergency or routine inspections, where such work may be initiated immediately, each Grantor shall be provided with at least thirty (30) days prior written notice before commencement of any scheduled work. Grantee shall work in good faith with Powell and Fred Meyer to coordinate all scheduled work performed within the Kent Easement Areas with Powell and Fred Meyer (as applicable) prior to entering the Powell Parcels or the Fred Meyer Parcel (as applicable). During such times as Grantee may be performing work on the Kent Easement Areas, Grantee shall take all steps reasonably necessary to (i) minimize disruption of the business operations of Fred Meyer or the occupants of the Powell Parcels (as applicable), and (ii) not unreasonably impede ingress, egress to and from or traffic flow through the Powell Parcels and the Fred Meyer Parcel. B. Notice as required by this section shall be delivered to the following addressees, or another addressee as provided by either party from time to time: CIARK SPRINGS TRANSMISSION MAIN EASEMENT Page 4 of 10 If to the Grantee: Water Superintendent City of Kent 220 Fourth Avenue South - Kent, WA 98032 If to the Owner: Four Corners North East Family L.P. PO Box 663 Black Diamond, WA 98010 If to Powell: Powell-Maple Valley LLC c/o Powell Development co. PO Box 97070 Kirkland, WA 98083-9770 If to Fred Meyer: Fred Meyer Stores, Inc. - Attn: Group Vice President 04002-33R PO Box 42121 - Portland, OR 97242-0121 With copy to: Fred Meyer Stores, Inc. Attn: Corporate Law Dept.04002-23C PO Box 42121 Portland, OR '97242-0121 6. If Grantee fails to promptly restore the Kent Easement Areas and any improvements therein as required hereunder, Grantor may, upon ten (10) days written notice to Grantee complete such restoration at Grantee's expense. Grantee shall pay to Grantor within thirty (30) days of Grantor's written demand, all actual costs incurred by Grantor to complete such restoration. In addition to such costs, there shall be assessed reasonable attorneys' fees if the services of an attorney are required, together with taxable costs and interest from the date that the obligation becomes delinquent at the rate of eight percent (8%) per annum until paid, together with any actual damages—excluding indirect, punitive, or consequential damages—incurred by reason of such failure on the part of the Grantee. Such attorneys' fees, interest and other costs shall be due whether or not CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 5 of 10 suit is actually instituted in order to shift the burden for Grantee's failure to comply with this Easement to the Grantee in all circumstances. 7. Grantor shall retain the right to use the surface of the Kent Easement Areas, including the immediately adjacent incidental areas, so long as that use does not interfere with the uses described in this document. Building structures shall be prohibited in the Kent Easement Areas. However, the building overhangs and cantilevered structures hanging over the Kent Easement Areas are permitted. Driveways, curbing, gutters, sidewalks, patios, landscaping, landscaping islands and parking stalls are permitted within the Kent Easement Areas. Underground utilities are not permitted to parallel the water transmission main within five feet (5') of the Transmission Main Easement Area; however, underground utilities constructed perpendicular to the water transmission main are permitted. Installation of all pipelines for sewage must meet or exceed the requirements and restrictions of the State of Washington Department of Health for sewer lines when said lines are constructed in the proximity of a potable water line. 8. Grantor shall not change the surface grades of the Kent Easement Areas, except as approved in advance by the Grantee, in any manner which would unreasonably interfere with ingress, egress, and access by the Grantee for installation and maintenance of the Grantee's facilities. Notwithstanding the foregoing, Grantor may grade the Owner's Property as set forth in [citation] without the approval of or liability to the Grantee. In such case, Grantee shall bear any additional excavation and/or shoring costs resulting from such grading. 9. Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules, and regulations of any public authority having jurisdiction. Grantee accepts the Kent Easement Areas in its present physical condition, AS IS. Grantee releases, indemnifies, and promises to defend and save harmless Grantor from and against any and all liability, loss, damage, expense actions, and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith, arising directly or indirectly on account of or out of the exercise by Grantee, its servants, agents, employees, and contractors of the rights granted in this easement. 10. This Water Transmission Main and Tunneling Easement shall be a covenant running with the land, and shall bind Grantors' successors and assigns and all future owners of the real property affected by this Easement. P:\CWO\Flies\Open Files\1589-Clark Springs Main Transmission Line\CSTMwatereasementDRAFT#6032511.doa CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 6 of 10 GRANTEE: CITY OF KENT, a Washington municipal corporation By: Suzette Cooke Its: Mayor Date: APPROVED AS TO FORM: Kent Law Department STATE OF WASHINGTON ) SS. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 7 of 10 OWNER: FOUR CORNERS NORTH EAST FAMILY LIMITED PARTNERSHIP, a Washington limited partnership By: John Morris Its: General Partner Date: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that John Morris, is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath state that he was authorized to execute the instrument and acknowledged it as the General Partner of Four Corners North East Family Limited Partnership, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 8 of 10 POWELL: POWELL-MAPLE VALLEY LLC, a Washington limited liability company By: Peter W. Powell Its: Manager Date: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Peter Powell, is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath state that he was authorized to execute the instrument and acknowledged it as the Manager of Powell-Maple Valley,, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: -Notary Seal Must Appear.Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 9 of 10 FRED MEYER: FRED MEYER STORES, INC., an Ohio CORPORATION By: Its: Date: STATE OF OREGON ) ss. COUNTY OF MULTNOMAH ) I certify that I know or have satisfactory evidence that , is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath state that he/she was authorized to execute the instrument and acknowledged it as the of Fred Meyer Stores, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Oregon, residing at My appointment expires CLARK SPRINGS TRANSMISSION MAIN EASEMENT Page 10 of 10 EXHIBIT A LEGAL DESCRIPTION OF OWNER'S PROPERTY PARCELS A, B, C AND D OF: CITY OF MAPLE VALLEY BOUNDARY LINE ADJUSTMENT NO. CD0905-002, RECORDED UNDER RECORDING NO. RECORDS OF KING COUNTY, WASHINGTON. EXHIBIT B LEGAL DESCRIPTION OF GROUND LEASE PROPERTY PARCELS A AND B OF CITY OF MAPLE VALLEY BOUNDARY LINE ADJUSTMENT NO. CD0905- 002, RECORDED UNDER RECORDING NO. RECORDS OF KING COUNTY, WASHINGTON. EXHIBIT B-1 LEGAL DESCRIPTION OF FRED MEYER PARCELS LOT 4 OF CITY OF MAPLE VALLEY BINDING SITE PLAN NO. CD1101-003, RECORDED UNDER RECORDING NO. RECORDS OF KING COUNTY, WASHINGTON. EXHIBIT B-2 LEGAL DESCRIPTION OF POWELL PARCELS LOTS 1, 2, AND 3 OF CITY OF MAPLE VALLEY BINDING SITE PLAN NO. CD1101-003, RECORDED UNDER RECORDING NO. RECORDS OF KING COUNTY, WASHINGTON. PARCEL B OF CITY OF MAPLE VALLEY BOUNDARY LINE ADJUSTMENT NO. CD0905-002, RECORDED UNDER RECORDING NO. RECORDS OF KING COUNTY, WASHINGTON. EXHIBIT C 1"-150' PARCEL A VAL�Y `{ qF tip AgSUo2ME Q ° j TUNNELING n o i EASEMENT I ' 1 1 p .TRANSMISSION MAIN p TRANSMISSION NNEDNG MENT 1 TUNNELJNG FMAIN E EASEMEty? lJ ° c:::D OPARCEL B � 1 Eile:P:\12000AI2305\survey\12305ex01-water.dwg Date/rime:3/25/2011 1:51 PM NANA HALVORSEN SCALE: JOB NUMBER HORIZONTAL 1"=150' VERTICAL N/A For: MAPLE VALLEY 12305 GHAV 18215 72ND AVENUE SOUTH 12305L.021.DOC Q� KENT, WA 98032 TOWN SQUARE 12305L.022.DOC (425 251-6222 m M53251-8782 FAX Title: SHEEP �y CIVIL ENGINEERING, LAND TRANSMISSION MAIN PLANN��T�h'GENGR> y ENVIRONMENTAL SERVICESSERVICES EASEMENT EXHIBIT 1 of 1 DESIGNED DRAWN KMM CHECKED—_S APPROVED DJS DATE 0 0 11 EXHIBIT D LEGAL DESCRIPTION TRANSMISSION MAIN EASEMENT ON THE GROUND LEASE PROPERTY That portion of the Northeast quarter of the Southeast quarter of Section 27, Township 22 North, Range 6 East, Willamette Meridian, in King County, Washington, described as follows: COMMENCING at a point where the South boundary of said subdivision intersects the original Easterly right-of-way margin (a 30-foot one-half right-of-way width) of Maple Valley-Black Diamond Road S.E. (Black Diamond-Renton Highway, SR-169); THENCE North 070 29'S1"West, 310.80 feet along said margin; THENCE North 80°46' 13" East, 10.59 feet to the East margin of that portion conveyed to the City of Maple Valley by deed recorded under King County Recording No. 20060301000874 and the TRUE POINT OF BEGINNING; THENCE CONTINUING North 80°46' 13"East, 102.74 feet; THENCE North 090 13'47"West, 10.00 feet; THENCE North 800 46' 13" East, 54.08 feet; THENCE North 830 13'51"East, 160.15 feet; THENCE South 060 46'09"East, 10.00 feet; THENCE North 830 13'S1"East, 268.34 feet; THENCE North 820 17'36"East; 131.20 feet; THENCE North 55°40'22"East, 130.09 feet to a point on a curve whose radius point bears South 83' 56' 32"West; THENCE Northerly along the arc of a curve concave to the West, having a radius of 450.00 feet, through a central angle of 010 30'25"and an arc length of 11.84 feet; THENCE North 070 33' 53"West, 33.04 feet; THENCE South 550 40'22"West, 140.98 feet; THENCE South 820 17'36"West, 121.41 feet; THENCE South 83° 13' 51"West,428.81 feet; THENCE South 800 46' 13"West, 157.57 feet to said East margin as conveyed to the City of Maple Valley; THENCE South 090 37 30" East, 10.38 feet along said margin to a point of curvature; THENCE Southeasterly along said margin along the arc of a curve to the right, having a radius of 2,534.50 feet through a central angle of 00'40' 10"and an arc length of 29.61 feet to the TRUE POINT OF BEGINNING. Project Name: Fred Meyer—Maple Valley March 3,2011 Revised:March 16,2011 Revised:March 25,2011 DJS/ath 12305L.021.doc EXHIBIT E 1"-150' vAv Y n ' PARCEL A PARCEL C e SMISSIO MAN � e r- o n C o e 0 PARCEL b ° o ° o ni v.P:\12000s\12305\survey\12305ex01-waterdwg Date/Time:3/25/2011 1:53 PM NANA HALVORSEN SCALE: For: JOB NUMBER HORIZONTAL 1"=150' VERTICAL N/A MAPLE VALLEY 12305 1"40 18215 72ND AVENUE SOUTH KENT, WA 98032 TOWN SQUARE 12305L.024.DOC m 425 251-6222'y �4253251-8782 FAX Title: SHEET P'yvy- CIVIL ENGINEERING, LAND TRANSMISSION MAIN PLANNING, SURVENG, `ryA'GENG1�e ENVIRONMENTAL SE RVICES EASEMENT EXHIBIT 1 or 1 . DESIGNED DRAWN KMM CHECKED DJS 1APPROVED LJS I DATE I 16 EXHIBIT F LEGAL DESCRIPTION TRANSMISSION MAIN EASEMENT ON OWNER'S PROPERTY That portion of the Northeast quarter of the Southeast quarter of Section 27, Township 22 North, Range 6 East,Willamette Meridian, in King County, Washington, described as follows: COMMENCING at a point where the South boundary of said subdivision intersects the original Easterly right-of-way margin (a 30-foot one-half right-of-way width) of Maple Valley-Black Diamond Road S.E. (Black Diamond-Renton Highway, SR-169); THENCE North 07°29'51"West, 310.80 feet along said margin; THENCE North 800 46' 13"East, 10.59 feet to the East margin of that portion conveyed to the City of Maple Valley by deed recorded under King County Recording No. 20060301000874; THENCE CONTINUING North 800 46' 13"East, 102.74 feet; THENCE North 090 13'47"West, 10.00 feet; THENCE North 800 46' 13" East, 54.08 feet; THENCE North 83' 13' 51" East, 160.15 feet; THENCE South 060 46' 09" East, 10.00 feet; THENCE North 83° 13' 51" East, 268.34 feet; THENCE North 82' 17' 36" East; 131.20 feet; THENCE North 550 40'22" East, 190.74 feet to TRUE POINT OF BEGINNING; THENCE North 520 15' 02" East, 55,28 feet; THENCE North 000 28' 36" East, 20.38 feet; THENCE South 890 33' 03" East, 25.90 feet; THENCE North 520 15' 02" East, 313.83 feet to the East line of said subdivision; THENCE along said East line, North 000 26' 58" East, 50.90 feet; THENCE South 52' 15' 02"West, 331.46 feet; THENCE North 370 49' 32"West, 15.00 feet; THENCE South 520 15' 02"West, 70.09 feet; THENCE South 07' 33' 53" East, a distance of 63.63 feet to the TRUE POINT OF BEGINNING. Project Name: Fred Meyer—Maple Valley March 16,2011 Revised:March 17,2011 Revised:March 25,2011 DJS/kmm 14364L.001.doc EXHIBIT G LEGAL DESCRIPTION TUNNELING EASEMENT AREAS ON GROUND LEASE PROPERTY That portion of the Northeast quarter of the Southeast quarter of Section 27, Township 22 North, Range 6 East,Willamette Meridian, in King County,Washington, described as follows: COMMENCING at a point where the South boundary of said subdivision intersects the original Easterly right-of-way margin (a 30-foot one-half right-of-way width)of Maple Valley-Black Diamond Road S.E. (Black Diamond-Renton Highway, SR-169); THENCE North 070 29'51"West, 350.82 feet along said margin; THENCE North 80°46' 13" East, 9.28 feet to the East margin of that portion conveyed to the City of Maple Valley by deed recorded under King County Recording No.20060301000874; THENCE CONTINUING North 80°46' 13" East, 157.57 feet; THENCE North 830 13'51" East, 118.78 feet to the TRUE POINT OF BEGINNING; THENCE CONTINUING North 830 13'51"East, 91.04 feet; THENCE North 060 46'09"West, 15.00 feet; THENCE South 830 13'51"West, 91.04 feet; THENCE South 06°46'09"East, 15.00 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH that portion of the Northeast quarter of the Southeast quarter of Section 27, Township 22 North, Range 6 East, Willamette Meridian, in King County, Washington, described as follows: COMMENCING at a point where the South boundary of said subdivision intersects the original Easterly right-of-way margin (a 30-foot one-half right-of-way width)of Maple Valley-Black Diamond Road S.E. (Black Diamond-Renton Highway, SR-169); THENCE North 070 29'51"West, 310.80 feet along said margin; THENCE North 800 46' 13" East, 10.59 feet to the East margin of that portion conveyed to the City of Maple Valley by deed recorded under King County Recording No. 20060301000874 and the TRUE POINT OF BEGINNING; THENCE CONTINUING North 800 46' 13" East, 102.74 feet; THENCE North 09' 13'47"West, 10.00 feet; THENCE North 800 46' 13" East, 50.68 feet; THENCE South 09° 13'47"East, 35.00 feet; THENCE South 80'46' 13"West, 153.67 feet to said East margin as conveyed to the City of Maple Valley, being a point on a curve, the radius point of which bears South 81° 36'35"West; THENCE Northwesterly along said margin along the arc of a curve to concave to the Southwest, having a radius of 2,534.50 feet through a central angle of 00' 33'55"and an arc length of 25.00 feet to the TRUE POINT OF BEGINNING. Exhibit G-Page 1 of 2 Project Name: Fred Meyer—Maple Valley March 3,2011 Revised:March 17,2011 Revised:March 25,2011 DJS/ath 12305L.022.doc TOGETHER WITH that portion of the Northeast quarter of the Southeast quarter of Section 27, Township 22 North, Range 6 East, Willamette Meridian, in King County, Washington, described as follows: COMMENCING at a point where the South boundary of said subdivision intersects the original Easterly right-of-way margin (a 30-foot one-half right-of-way width)of Maple Valley-Black Diamond Road S.E. (Black Diamond-Renton Highway, SR-169); THENCE North 070 29'51"West, 310.80 feet along said margin; THENCE North 800 46' 13" East, 10.59 feet to the East margin of that portion conveyed to the City of Maple Valley by deed recorded under King County Recording No. 20060301000874; THENCE CONTINUING North 800 46' 13"East, 102.74 feet; THENCE North 090 13'47"West, 10.00 feet; THENCE North 80'46' 13"East, 54.08 feet; THENCE North 830 13' 51" East, 118.14 feet to the TRUE POINT OF BEGINNING; THENCE CONTINUING North 83' 13'51"East, 42.01 feet; THENCE South 06°46'09" East, 10.00 feet; THENCE North 830 13' 51" East, 49.02 feet; THENCE South 060 46'09"East,20.00 feet; THENCE South 830 13'51"West, 91.03 feet; THENCE North 06°46'09"West, 30.00 feet to the TRUE POINT OF BEGINNING. Exhibit G -Page 2 of 2 Project Name: Fred Meyer—Maple Valley March 3,2011 Revised:March 17,2011 Revised:March 25,2011 DJSfath 12305L.022.doc KENT Agenda Item: Consent Calendar- 7H TO: City Council DATE: April 19, 2011 SUBJECT: Verizon License Agreement Addendum No. 1 - Authorize MOTION: Authorize the Mayor to sign Addendum one to the 2009 Verizon License Agreement for the Clark Springs Bonneville Power Administration cell tower access and Verizon infrastructure, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: The City of Kent entered into a license agreement in 2009 with Verizon Wireless to allow access to the Bonneville Power Administration power line tower, across Clark Springs property, for installation of a cell phone system. This addendum allows for repairs and possible future upgrades to the Verizon system, and corrects errors in the location descriptions of the infrastructure. EXHIBITS: Addendum RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None ADDENDUM ONE TO LICENSE FOR SERVICE AND ACCESS BETWEEN THE CITY OF KENT AND SEATTLE SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS THIS ADDENDUM ONE TO LICENSE ("Addendum One") is entered into on the date fully executed below by and between THE CITY OF KENT, a Washington municipal corporation ("City") and SEATTLE SMSA LIMITED PARTNERSHIP,d/b/a VERIZON WIRELESS, a Washington limited partnership ("Licensee"), to amend that certain License for Service and Access Between the City of Kent and Seattle SMSA Limited Partnership d/b/a Verizon Wireless, entered into between City and Licensee on or about the Effective Date of February 18, 2009 (the "License"). WHEREAS, Licensee desires to make upgrades to its facilities located on the Property, and the City agrees to allow such upgrades with certain provisions; NOW THEREFORE, the City and Licensee hereby agree and covenant as follows: 1. Section 1 of the License shall be deleted and replaced with the following: 1. License Granted. The City grants this License ("License") for a period of five (5) years from the Effective Date for Licensee to install, operate, and maintain conduit and other underground communications facilities over the real property described in Exhibit A ("Property"). Licensee is authorized to install the improvements in Exhibit B ("Improvements"). Licensee is adding an extra conduit in the trench for future use. This License does not permit the use of the second conduit. Future use of the second conduit without an amended License with the City of Kent may result in immediate revocation of the License by the City. Licensee agrees to submit as-built drawings of the currently existing and proposed facilities specifically related to the Verizon operations. As-builts will be submitted to the City within thirty (30) days of completing construction. Licensee agrees to enter negotiations in good faith with the City for a new license for the existing power, fiber optics, and any other additional telecom utilities currently located on the City's property outside of the Property. Generally this area is located west of the existing EPA tower and east of the Property. Licensee agrees to secure the additional license from the City within one hundred and twenty (120) days of signing Addendum One. 2. Exhibit A and Exhibit B to the License shall be removed and replaced with the attached documents labeled "Exhibit A" and "Exhibit B." ADDENDUM ONE TO LICENSE - Page 1 (Between City of Kent Seattle SMSA Limited Partnership d/b/a Verizon Wireless) 3. Entire Agreement. Except as amended by this Addendum One, all provisions of the License shall remain in full force and effect except as specifically modified by this Addendum One. IN WITNESS WHEREOF, the parties hereto have executed this Addendum One, which shall take effect on the last date signed below. CITY: LICENSEE: CITY OF KENT SEATTLE SMSA LIMITED LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS By: By: Print Name: Suzette Cooke Print Name: Its: Mayor Its: Date: Date: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2011, I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the CITY OF KENT as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires ADDENDUM ONE TO LICENSE - Page 2 (Between City of Kent and Seattle SMSA Limited Partnership d/b/a Verizon Wireless) STATE OF WASHINGTON ) : ss. COUNTY OF KING ) I hereby certify that on the day of , 2011, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of SEATTLE SMSA LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS, a Delaware corporation, as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires P:\Civil\Hles\Open Hie\0863-C IlTow rLea s\Vedmn\Vedmn License-BPA.Addendum One.da ADDENDUM ONE TO LICENSE - Page 3 (Between City of Kent and Seattle SMSA Limited Partnership d/b/a Verizon Wireless) i LICENSE FOR SERVICE AND ACCESS BETWEEN THE CITY OF KENT AND SEATTLE SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS PARTIES THIS LICENSE ("License") is between the CITY OF KENT, a Washington Municipal Corporation ("City"), and SEATTLE SMSA LIMITED PARTNERSHIP, d/b/a VERIZON WIRELESS, a Washington Limited Partnership ("Licensee"). RECITALS 1. Licensee holds a leasehold interest for antenna space at a Bonneville Power Administration structure located in the City of Kent and has erected an antenna on this existing structure for a telecommunications system; and 2. City is the fee owner of a parcel of real property upon which the Bonneville Power Administration structure is erected pursuant to an easement granted by the City; and 3. City previously granted a License to Licensee for access, Installation, maintenance, and operation of equipment over and upon that certain fee estate as described in said prior license executed October 8, 2003. That previous License expired by its terms on October 8, 2008; and 4. The Property is environmentally sensitive as it is the source of the City's water supply, the protection of which is vital to the City. Licensee previously applied herbicidal chemicals to the license area which created a threat to the City's water supply and required an emergency clean up response; and S. It is the intention of the Parties to enter into a new License agreement with appropriate terms and conditions so as to allow Licensee to service and have access to its leasehold while securing, to the extent possible, the safety of the City's water supply; and 6. During the prior license period, and without authorization, Licensee placed certain equipment ("Telco Equipment") outside the area subject to the prior License and desires to maintain such equipment in the same location. The City requires additional fencing and a turnaround as a condition of the ongoing presence of such equipment. A survey has been undertaken to fully describe the entirety of real property occupied and to be occupied by Licensee, which property is now described in Exhibit "A" to this Amended License and hereinafter called the LIMITED ACCESS LICENSE--Page I of 9 (February ,_, 2009) (between. City of Kent and Verizon Wireless) "Property." A survey of the Property is shown on the attached Exhibit "B". After construction the as-built drawings of the entire fence and the turnaround will be attached as Exhibit"C". NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. The City grants this License ("License") for a period of five (5) years from the Effective Date for Licensee's ingress and egress to it leasehold on the Bonneville Power Administration structure and to maintain the Telco Equipment as presently located at the primary (north) entrance to the Property as described in Exhibit "A" and as shown on Exhibit "B" (hereinafter, the "Property.") For purposes of this License, all improvements placed upon the Property by Licensee shall be referred to collectively as "Improvements." 2. Consideration. In consideration of the City's issuance of this License, Licensee shall, at the time of execution of this License, pay to the City a one-time amount in the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) no later than thirty days after the execution date of this License. This license may be subject to renewal for additional terms at the discretion of the City and upon such terms and conditions which the City determines to be in the public interest. 3. Maintenance of the Property - - Use of Chemicals Prohibited. Licensee has installed and shall maintain fencing and gates along the access road as shown on Exhibits "A" and "B" and shall perform reasonable maintenance of the access road, fencing and gates. Provided, however, that Licensee shall use no herbicides or other chemicals on the Property, such use to be cause for immediate revocation of this License and eviction of Licensee from the Property without further recourse for Licensee. Use of any of the aforementioned materials shall result in immediate revocation of License and eviction of Licensee from the Property In addition, Licensee shall be responsible for all clean-up costs, testing to ensure all contamination has been removed and staff time expended by the City of Kent. Clean-up shall be completed to the satisfaction of the City of Kent. This provision shall survive the revocation and/or expiration of this license. 4. As a condition of this License, Licensee shall, no later than thirty days from the Effective Date of this License, design and install to the satisfaction of and at no cost to City: a. A vehicle turnaround to be located on the Property near the upper compound where the Telco equipment is located; and LIMITED ACCESS LICENSE--Page 2 of 9 (February 2009) (between. City of Kent and Verizon Wireless) i I b. An additional fence to be located on the Property around the turnaround and Licensee's Telco equipment presently located at or near the primary (north) entrance to the Property. This enclosed area shall have a single-man gate installed to allow Licensee unobstructed access to said equipment and to the remainder of the licensed area, and to prevent any and all unauthorized access to any other portion of the Property or the sensitive areas within the watershed. C. Licensee will submit design plans and specifications to the City for approval prior to installation and will notify the City when Installation is complete for City inspection and approval. The fence shall be maintained by Licensee. The City reserves the right to require additional physical security at Licensee's expense should such is necessary, in the City's sole discretion, for the protection of the Property and/or the water resource. This provision shall survive the revocation and /or expiration of this License. In no event, shall the Licensee occupy any City- owned real property beyond such property described and shown in Exhibits "A" and "B". 5. Restoration. Upon revocation, termination or expiration of this License, Licensee shall restore the Property to its original condition prior to the issuance of the prior License expiring October 8, 2008. Such restoration obligation shall survive the expiration date of this License. 6. Bond for Maintenance, Restoration and Environmental Liability. As a condition of this License, Licensee will provide the City with an executed performance bond, on forms acceptable to City, in the amount of one million dollars ($1,000,000.00).The bond shall: (1) Be signed by an approved surety that is registered with the Washington State Insurance Commissioner and appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner; and (2) Be conditioned upon the faithful performance of Licensee's maintenance and the restoration obligations and all terms under this license regarding environmental contamination clean-up and indemnification; and (3) Be conditioned upon the faithful performance of the provisions of paragraph 9(e) herein. LIMITED ACCESS LICENSE--Page 3 of 9 (February 2009) (between. City of Kent and Verizon Wireless) I 7. Revocation and Termination. This License does not grant an estate j in the land described in the Property; it is not an easement; it is not a franchise; it is not exclusive; and, it does not exclude the City from full possession of the Property. As a License upon real property, it is revocable at the will of the City. However, prior to termination or revocation by the City, the City shall provide Licensee with at least 120 calendar days written notice of that termination or revocation. Upon the effective date of the City's termination or revocation, the City may require Licensee to remove all Improvements and restore the Property within thirty (30) calendar days. If Licensee fails to remove the Improvements within the allotted time, the City may remove all or part of the Improvements and restore the Property and recover the costs of such removal and restoration from Licensee or Licensee's surety. Licensee waives any right it may have to any claim for damages of any kind incurred as a result of the City's removal of all or part of the Improvements. 8. Permits Required. The City's grant of this License does not release Licensee from any of its obligations to obtain applicable local, state, and federal permits necessary to install, construct, operate, maintain, remove, repair, reconstruct, replace, use and inspect the Improvements. Licensee's failure to comply with this Section 8 shall constitute grounds for immediate revocation by the City. 9. Indemnification. Licensee shall comply with the following Indemnification requirements: a. Licensee shall defend, indemnify and hold the City, its officers, officials, employees, agents, assigns and volunteers harmless from any and all claims, actions, injuries, damages, losses or suits, including all reasonable legal costs, witness fees and attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, but only to the extent of the negligence or comparative fault of Licensee, its employees, agents or assigns. b. The City's Inspection or acceptance of any of Licensee's work when completed shall not be grounds to avoid any of these covenants of indemnification. C. These foregoing indemnity obligations as stated in this Section 9 shall extend to any claim, action or suit that may be settled by compromise, provided that Licensee shall not be liable to indemnify the City for any settlement agreed upon without the consent of Licensee; however, if Licensee consents to the agreed upon settlement, then Licensee shall Indemnify and hold j the City harmless as provided for in this Section by reason of LIMITED ACCESS LICENSE--Page 4 of 9 (February 2009) (between. City of Kent and Verizon Wireless) i l i that settlement. Moreover, if Licensee refuses to defend the City against claims by third parties within the scope of Licensee's obligations under Section 9, Licensee shall indemnify the City regardless of whether the settlement was made with or without Licensee's consent. d. In the event that Licensee refuses to accept tender of defense in any claim, action or suit by a third party pursuant to this Section 9 and if Licensee's refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal, then Licensee shall pay all the City's reasonable costs for defense of the action, including all reasonable legal costs, witness fees and attorneys' fees and also including the City's costs, including all legal costs, witness fees and attorneys' fees, for recovery under this indemnification clause (Section 9). e. Licensee shall defend, indemnify, and hold the City, its officers, officials, agents, employees, assigns and volunteers harmless from and against any and all claims, costs, and liabilities, including reasonable attorney's fees and costs, arising out of or in connection with the cleanup or removal of Hazardous Materials at, and related necessary restoration of, the Property, but only to the extent such Hazardous Materials were introduced to the Property by Licensee, its employees or agents. For purposes of this License, "Hazardous Materials" shall mean asbestos, petroleum, PCBs, automotive fluids, herbicides, pesticides or any substance, waste, or material defined as hazardous, dangerous or toxic in any federal, state, or local environmental or safety law or regulation including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") and the Washington Model Toxics Control Act ("MTCA"). f. The provisions of this Section 9 shall survive the expiration or termination of this Agreement. i 10. Insurance. Licensee shall procure and maintain for the duration of this License, insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by Licensee, its agents, employees, or assigns. LIMITED ACCESS LICENSE--Page 5 of 9 (February _, 2009) (between. City of Kent and Verizon Wireless) I a. Before beginning work on the project described in this License, Licensee shall provide a Certificate of Insurance evidencing: b. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and C. Commercial General Liability insurance written on an occurrence basis with limits no less than $4,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily Injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/third party property damage; explosion, collapse and underground (XCU). d. Any payment of deductible or self-insured retention shall be the sole responsibility of Licensee. e. The City shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Licensee and the endorsement naming the City, its' employees, agents, or assigns as additional insureds shall be attached to the Certificate of Insurance. f. Licensee's general liability and auto liability insurance policies shall 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. 11. Notice Before Entry. Until completion of the new fencing as required by Paragraph 4, entry upon the Property is by way of a locked gate maintained by the City. Licensee shall give City advance notice at least twenty four hours of its request for entry, which time shall include at least one full business day. Such Notice may be by telephone if arrangements are made with the Director of Public Works. Upon presentation of an invoice by City, Licensee shall reimburse the City its actual costs for responding to the request, Upon satisfactory completion of the additional fencing, as required by paragraph 4, Licensee may enter the additional fenced area at will, subject to the terms and conditions of this License. 12. Reservation of Right to Require Additional Security. The City reserves the right to require such additional physical security measures as may be required to protect the Property and the City's water source. 13 Reimbursement as Condition Precedent. As a condition precedent LIMITED ACCESS LICENSE--Page 6 of 9 (February _, 2009) (between. City of Kent and Verizon Wireless) to Licensee's occupation of the Property under all other terms of this License, Licensee shall reimburse the City in the amount of four thousand two hundred fifty eight dollars and forty five cents ($4258.45) for a portion of the costs incurred by the City in responding to Licensee's application of herbicides to the Property in May, 2007. 14. Assignment. Licensee may assign all or any portion of its rights, benefits, and privileges, in and under this License subject to and conditioned upon approval of the City, which approval will not be unreasonably withheld or delayed. Licensee shall, no later than thirty (30) days prior to the date of any proposed assignment, file written notice of intent to assign the License with the City together with the assignee's written acceptance of all terms and conditions of the License and promise of compliance. 15. Venue and Jurisdiction. This License shall be construed in accord with the Laws of the State of Washington. Venue and Jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each Party shall be responsible for its own legal costs and attorney fees except as noted in Paragraph 9(d). 16. Notices. All notices, requests, demands, or other communications j provided for in this License, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mad, return receipt requested, addressed as the case may be, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: CITY: LICENSEE: City of Kent Seattle SMSA Limited Partnership Attn: Director of Public Works d/b/a Verizon Wireless 220 Fourth Avenue South Attn: Network Real Estate Kent, WA 98032 180 Washington Valley Road Bedminster, NJ 07921 17. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. This agreement shall be effective upon the last day executed (effective date). 18. Warranty of Authority to Execute. Each person executing this license warrants that he/she has the requisite authority to bind the party for whom LIMITED ACCESS LICENSE--Page 7 of (February 2009) (between. City of Kent and Verizon Wireless) that person Is executing. IN WITNESS, this Limited Street License is executed and shall become effective as of the last date signed below. CITY OF KENT LICENSEE Seattle SMSA Limited Partnership d/Wa Venzon Wireless By; By Calico Partnership,Its General Partner Pnn a : SUZ C E Its. M 7Da 2`!B-o9 Name WalterL Jon s,Jr Title Area Vic Pre dent Network STATE OF WASHINGTON ) Date L I(of o ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- ''.. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above w itten. NOTARY PUBLIC, to and for the State of Washington, residing at My appointment expires LIMITED ACCESS LICENSE--Page S of 9 (February �, 2009) (between. City of Kent and Verizon Wireless) i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of Orange } On 2/16109 before me,. GCS Notary Public, personally appeared Walter L Jones, Jr.,who proved to a on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal a'_� SANORAI ROJAS Si YatureofNoL Parr +^10my COMM 1 MINI N WNOTARY PURE-CALIFORNIA OWGE COUNTY COUM ENN JULY 17,2010 i Plaoe Notary Seal Above i I� Limited Access License— February 2009 (between. City of Kent and Verizon Wireless) Exhibit A I Verizon Wireless SEA Four Corners Access and Utilities License Area A tract of land located in the south half of Section 26, Township 22 North, Range 6 East of the Willamette Meridian,King County,Washington,described as follows: Said tract being a 20 foot strip of land lying to feet on both sides of the following described centerline Commencing at the intersection of the west line of said Section 26 with the southerly margin of SE Kent-Kangley Road, Thence North 90038'44" East 408.83 feet along southerly margin of SE Kent-Kangtey Road to the intersection of a gravel road to the south and the True Point of Beginning; Thence South 01°33'23"West 90 06 feet; Thence South 08156'23"West 86 41 feet; Thence South 04°29'51"West 40.96 feet to a curve to the left with a radius of 281.43 feet and a central angle of 19140'38', Thence along said curve 96 65 feet; Thence South 19119'11"East 38 00 feet to a curve to the left with a radius of 166.23 feet and a central angle of 31°59'53", Thence along said curve 92.84 feet; Thence South 50156'33"East 55 82 feet; Thence South 43°42'38"East 48 23 feet; Thence South 53015'16"East 60 65 feet; Thence South 60143'23"East 77 27 feet; Thence South 56025'59"East 3101 feet; Thence South 41125'59"East 91.73 feet; Thence South 45004'11"East 76.36 feet; Thence South 43°36'04" East 51.95 feet to a curve to the left with a radius of 50.04 feet and central angle of 66112'10'; Thence along said curve 57 81 feet to a point hereinafter referred to as point'A", Thence North 73°14'16"East 45 31 feet, Thence North 70°16'16"East 15 28 feet, Thence North 21°10'48"West 29 53 feet; Thence North 64°03'37" West 7 68 feet to an existing cellular compound and the terminus of this centerline description. Together with a tract of land being a 20 foot strip of land lying 10 feet on both sides of the following described centerline. Commencing at aforementioned point'A'being the true point of beginning; Thence South 27139'00"West 1192 feet, Thence South 2610829"Fast31.25 feet to the terminus of this centerline description The sidelines are to be lengthened or shortened to connect with each other, the existing said cellular compound being served by this easement,and the Southerly margin of SE Kent-Kangley Road. Together with: A tract of land located in the south half of Section 26, Township 22 North, Range 6 East of the Willamette Meridian,King County,Washington,described as follows: Commencing at the intersection of the west line of said Section 26 with the southerly margin of SE Kent-Kangley Road,from which point the northwest comer of the Southwest Quarter of said Section 26 bears North 00126'56"East 1277 28 feet,more or less; Thence North 80°38'44"East 837 69 feet along southerly margin of SE Kent-Kangley Road, Thence South 09°21'16"East 837.69 feet to the True Point of Beginning; Thence North 69°56'27"East 19 83 feet, Thence South 29°56'26"East 27.14 feet, Thence South 59°30'57"West 19.67 feet; Thence North 29042'02"West 3133 feet to the True Point of Beginning; Together with: A tract of land located in the south half of Section 26, Township 22 North, Range 6 East of the Willamette Meridian,King County, Washington,described as follows: Commencing at the intersection of the west line of said Section 26 with the southerly margin of SE Kent-Kangley Road from which point the northwest comer of the Southwest Quarter of said Section 26 bears North 00°26'W'East 1277 28 feet,more or less, Thence North 80°38'44" East 419 02 feet along southerly margin of SE Kent-Kangley Road to the True Point of Beginning; Thence South 01033'23" West 2174 feet, Thence South 88°18'08"East 10 56 feet, Thence North 25143'30"East 14 83 feet; Thence North 09°21'16"West 11.24 feet; Thence South 80138'44"West 14 77 feet to the True Point of Beginning. fill, �� mild l� r¢z0 azoillE °z rg �i3� F i� i �j? %P l, bi t t l I I I ¢ po [Ilia Rye°AEI ID$!4f>i:: i 1ggilq §� gp i° ¢ittEEe I I e 4riE@� sr r�l6� lypgl z!r e 194* y b 1 \ e 5g iz b\ i Y�abll ¢ � if ¢igzrr 11 It ¢I i!E ° I 1 I i� YE F E I pM3E M1 NR d 'HL a]S arL�Clocli e A3A"IYtB 31B 9tt18IX3 I lie. 9 � E b efeEt � p } E d •� � - Y�H36 tl6Yt t�p�ry'�� or �,e j I EY L,lUt' Interchange Corporate Gamer 450 Plymouth Road,Swte 400 M(I61{Alm Plymouth MeeGPA 19482-1644 Ph (610)832.8240 LICENSE&PERMIT BOND Bond Number 017-026-098 KNOW ALL MEN BY THESE PRESENTS,that we Seattle SMSA Limited Partnership dVa Verizon Wireless 15900 BE Eastgate Way, MS 231, Bellevue, as principal(the"Principal"), and Liberty Mutual Insurance Compa(1y, a Massachusetts stock insurance company, as surety(the"Surety), are held and firmly bound unto City of Kent 220 Fourth Avenue Kent WA 98403 ,as obligee(the"Obligee"), in the penal sum of Five Hundr Thousand and 0 100 Dollars($ 500,000 00 ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents WHEREAS,the Principal has applied for a license or permit for Maintenance. Restoration Obligations and all terms reaardinn Environmental Contamination Clean-Up and Indemnification for the term beginning the 28th day of JanuaN ,20 09 ,and ending the 28th day of anuary, 20-14_,and this Bond is intended to cover the term of said License or Permit NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that d the license or permit is issued to the Principal, and if Principal shall indemnify and save harmless the Obligee from and against all loss, to which the Obligee may be subject by reason of the Principal's breach of any ordinance, rule, or regulation, relating to the above descnbed license or permit,then this obligation shall be null and void,otherwise to remain in full force and effect PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT 1 The liability of the Surety hereunder shall in no event exceed the penal sum of this bond as stated above, regardless of the number of years the bond shall continue in force 2. This bond shall continue in force until(surety shall elect either option a or b) ❑ a the day of ,20 ,or until the expiration date of any Continuation Certificate executed by the Surety [ b the Surety notifies the Obligee in writing of its cancellation of the bond The Surety shall be relieved of any further liability under this bond thirty (30) days after receipt of said notice by the Obliges, except for defaults occurring prior thereto 3 Any claim under this bond must be presented in writing to the Surety to the attention of The Surety Law Department at the following address Interchange Corporate Center,450 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462-1844 Should the address of the Surety change, then notice shall be delivered by the Obligee to the Surety as directed in writing by the Surety I DATED as of this 28th day of JanuAN , 20D WITNESS/ATTEST Seattle SMSA Limited P rtn 'hi d1 a V tzon Wireless (Principal) !. By GRIZZ °� (seal) Title IIfC70W i i W 1ian.►1 / SHIRLEY A VANGEN NOTARY PUBLIC LIBERTY MUTUAL INSURANCE COMPANY STATE OF WASHINGTON (Surety) COMMISSION EXPIRES SEPTEMBER 29, 2011 By __J (Seat) Attorney- - act Patrick R. Bannon 6M USOD Rev 03JO4 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND 2211328 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS _ - POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint ERIN M.MARGELIS,BRIAN ST.CLAIR,RACHEL COLE,MYRNA SMITH,MENUEL JONES,PATRICK R.BANNON,ALL OF THECITY OF WASHINGTON,DISTRICT OF COLUMBIA..................................................................................................... .................................................. ..,.........,.....................,........................................I.. .......................... each individually if there be more than one named, its true and lawful attomeym•fact to make,execute,seal,acknowledge and deliver,for and on its behalf as suretryy and as its act and deed,any and all undertakings,bonds,recognizances and other surety obbggations in the penal sum not exceeding FIFTY MILLION AND 00/100'""'••••""••�"••"' DOLLARS($ 60,000 U1)D.OD..•.' )each,and the execution of such undertakings, bands, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the '.... Company as if they had been duly signed by the president and attested by the secretary of the Company in own proper persons That this power is made and executed pursuant to and by authority of the following By-law and Authorization; ARTICLE XIII-Execution of Contracts Section 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,shall appoint Such anomeys-m-fact,as may be necessary to act in behalf of the Company to make, ttoa execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligabons Such tO attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their o signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as it signed by the president and attested by the secretary C C By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint atromeys•infect• ,G I', M'C A Pursuant to Article XIII, Section 5 of the By C laws, Garnet W Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby a it m authorized to appoint such attorneys-m-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and p at) p deliver as surety any and all undertakings,bonds,recognizances and other surety obligations FO- ,V CrI 4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect d W � E IN WRNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of '• Liberty O 1 Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this. Bth day of September CL C� O - - LIBERTY MUTUAL INSURANCE COMPANY C _ ,,,,,, �'''� ; rti ofir/_ O m =_ r Garnet W Elliott,Assistant Secretary c COMMONWEALTH OF PENNSYLVANIA sir w COUNTY OF MONTGOMERY _• - ;. _ _ Al -. C On this 1.8th day o1 September 2007 ,before me, a Notary Public,personally came Garnet W Elliott,tome known,and acknowledged Gr E•- that he is an Assistant Secretary of Liberty Mutual Insurance Company, that he knows the seat of said corporation,and that he executed the above v_ syC Power of Attorney and affixed he corporate seal of liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation m O re h� > ""' `T IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year cc U first above written kr craw { ,� E Cd Z a By _g Tarbes Pastella,Notary Public a.- , CERTIFICATE �plL � Waoa i.nnrreuwA»ooauonmxm,ira 1^� f,the undersigned,Assisstlan core"of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing '. is a full,true and correct copy,is in full force and effect on the date of this certificate,and I do further cerbfy that the officer or official who executed the '.. said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint atomeys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12dt da),cHifttf,•14100 VOTED that the facsimile or mechanically reproduced signature of any assislant secretary of the company, wM,ef war'ap" aaun�_Ton a - certified copy of any power of anorney issued by the company in connection with surety bonds,shall be valid and bid&rg upon tire c*pariy- with the same force and effect as though manually affixed - - en m�M�i - IN TESTIMONY WHEREOF,I have hereunto subscribed m name and affixed the corporate seal of the said company, �'-FEB 1 i Y P Y tti9- .�:_.�--day of BY Diii M Carey,;kssptgt Secretary-,• 11.- Increase PENALTY RIDER BOND AMOUNT S500,000.0 BOND NO.017-026-0" PREMIUM$2,000.00 To be attached and form a part of Bond No.017-026-098 dated the 28th day of January,200 , executed by Liberty Mutual Insurance Comnanv as surety,on behalf of Seattle SMSA Limited Partner DBA Verizon Wireless as current principal of record,and in favor of City of Kent as Obligee,and in the amount of Five Hundred Thousand Dollars and OO/I00($500.000.001. In consideration of the agreed premium charged for this bond,it is understood and agreed that Liberty Mutual Insurance Company hereby consents that effective from the I I th day of February, L%09,said bond shall he amended as follows: THE BOND PENALTY SHALL BE Increased: FROM:Five Hundred Thousand Dollars and 00/100(S500.000.00) `I TO:One Million Dollars and 00/100(51,000,000.00) The Increase of said bond penalty shall be effective as of the I lth day of February,1W,and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby,provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed,scaled and dated this filth day of February,221A j Seattle Li i ed Partner DBA Verizon Wireless PRINCIPAL , SURE Paluc4 R.Bannon,AT QBVS$-tN-FACT THE ABOVE BOND IS HEREBY AGREED TO AND ACC4iPT•E1J IR'• City of Kent j OBLIGEE BY: / r ZTIFI ACKNOWLEDGMENT I STATE OF WASHINGTON ) } COUNTY OF KING } On this 13a'day of February 2009 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Gregg Clausrus to me known to be an authorized representative of Settle SMSA Limited Partnership d/b/a Venzon Wireless, acknowledged said instrument to be the free and voluntary act of Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument IN WHITNESS WHF,REOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SHIRLEY A. VANGEN Print or TypeName: Shirley Vangen NOTARY PUBLIC, Notary Public in and for the State of WA, STATE OF WASHINGTON Residing at King County COMMISSION £XPli011 My appointment expires 09/29/2011 SEPTEM9£R 26, 211 I Place Notary Seal Above I I DATE 02/12Y009 ) A CQRD,a r CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATE IS ISSLEDASABIATTEROFINFORMATION ONLY Aon Risk Services Northeast, Inc. New York NY Office AND CONFERS NO RIGHTS UPON THE CERTrICATE HOLDER.THIS New 199 Water Street CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE New York NY 1OD38-3551 USA COVERAGE AFFORDED BV THC POLICIES BELOW. PAx- 847 953-5390 INSURERS AFFORDING COVERAGE NAIC9 PnoNE 866 283-7122 •• INSURED INSURER National union Fire Ins Co of Pittsburgh 19445 `m t" Cellco Partnership INSURERB d/b/a Verizon Wireless '.. One Verizon way INSURERC Basking Ridge N3 07920-1097 USA u D+SURER D •O e INSDRERE �. ' T HF POLICILS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY itEQULREVIENT,TERM OR CONDITION Or ANY CONTRAC I OR OTHER DOCUMENT WITH RESPECT 10 WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THEFOLTCIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS shOWN MAY HAVEBEEN REDUCED BY PAID CLAIMS LIMITS SHOWN ARE AS REQUESTED 1\SR A POLICY EFFECTIVE POLICY EXPIRATIOA LIMITS LTR 1\SR TYPE OP INSURANCE POLJCY\UVIBLH DATTONMIBDbY) DATE(MVPDDOV) A ERALLIABILITY 9723007 06/30/08 06/30/09 EACHOCCLARENCE $4,000,000 X COMMERCIALGENERALLIABILITY DAMAGE TO RENTED $2,000,000 PREMISM(E.unsrenu) CLAIMS MADE ® OCCUR MED FXP X XN Included PERSONAL S AD\INJURY $4,000,000 OENERALAGGREGATE S4,000,000 N OHNL AGGREGATE LIMIT APPLIES PER PRODUCTS-WMPNPAOG S4,000,000 M O E POLICYECT PRO,❑ LOC A AUTOMOBILE LIABILITY 1607564 06/30/08 06/30/09 COMBINED SINGLE LIMIT D AOS (Ea wadeal $1,000,000 A ANY ABrD 160756S 06/30/08 06/30/09 - ALLOW'hEDAUTOS 94 BODILY INJURY a A SCHEDULED AUTOS 1607566 06/30/08 06/3D/09 (P.r'r..) VA HIRED ALTOS BODILY INJURY C1 NONOWNEDAUTOS (Per 0cM.O self TDSUred for PROPERTY DAMAOB (Per a:aW.m) I Phvsual Damage GAR40E LIABILITY ALTO ONLY•EAACCIDENT ANYALT'O OTHER THAN EA ACC All70 ONLY AGO EXCESS(UMBRELLA LIABILITY EACH OCCURRENCE rOCCUR ❑ CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION WC STATU- OTH- WORKERS COMPENSATION AND 1M S RRa EMPLOYERS'LIABILITY eL EACHACCIDENT ANYPROPRIETOR I PARTNER/EXECUTIVE OLFICERNEMBER EXCLUDED' EL DISEASE PA EMPLOYEE ]f ws dexnbeundar SPECIAL PROVISIONS E L DISEASE POLICY LIMIT irlvw L._ OTIIER :p DESCRIPTION OF OPERA'710N820CAT10NSNEHICLE52XCLUSIONS ADDED BY ENDORSEMf.NTSPECIAI PROVISIONS Named Insured also includes Seattle SMSA Limited Partnership. Contract #- S7313, Site Name. SEA Four Corners, Location Code. 102484: Site Address: 26800 Maple Valley Black Diamond Road SE, maple Valley, WA 98038 City of Kent is included as Additional Insured, where required by City Of Kent INV OI DIP aBW,z DLeCR1U.A POL101v Ei CAN C FLLRJ M rORL,I L,1 X'JRATIo\ 220 Fourth Avenue DATE THEREOF,THE ISSUING INSURER WILL ENDS AVOR TO MAIL Kent WA 98403 USA 30 DAYS WRMENNOTICETO THECRATIFICATE hOLDERNAMED TO THE LEFT BUT FAILURETO DOSO SHALL IMPOSE NO OBLIGATION ORLIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE .,.r sSQr/wr J ®_ Attachment to ACORD Certificate for cellco Partnership The terms,conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s) This attachment does not contain all terms,conditions,coverages or exclusions contained in the policy INSURER " INSUDED _ calico Partnership INSURER d/b/a verizDn wireless One verizon way INSURER sasktng Ridge N] 07920-1097 V5A INSURER INSURER ADDITIONAL POLICIES If a policy below does not include hunt information,refer to the corresponding policy on the ACORD certificate form for policy limits INSKta AWYL Policy Y Rlut POLICY POLICY L-M INS" 'rYPEOr SSll CE EEC E:[P TloN [ACTS POLICY OESCP1Pr10N I DESCRIPTLON OP OPERATIOMILOCAT[ONSAISEICLEWE%CLUSIONS ADDED BY ENDOMSA ISPEOALPROVISIONS written contract, except for workers compensation and Employers Liability, i Certificate No: $70032960958 06/27/2008 17:10 646-857-1234 AIGRM FWTIIINAL ACCTS PAGE 19/35 I.. POLICY NUMBER:GL 072.30-07 COMMERCIAL GENERAL LIABILITY CELLCO PARTNERSHIP DBA VERIZON WIRELESS CG 20 90 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS-- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the fo4ovrhig: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Or anixation s . Localion s Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Information r uired to complete this Schedule 9 not shown above will be shown In the Declarations. A. Section 11 — Who Is An Insured is amended to B With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exdu- organRation(s) shown in the Schedule, but only signs apply with respect to liability for"bodily injury", -property This insurance does not apply to "bodily injury"or damage" or "personal and advertising injury+' -property damage"occumngafter. caused,In whole or in part, by. f. Your acts or omissions,or 1. m work, including materials,nlon parts c work, merit furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf, or repairs) to be performed by or on behalf of in the performance of the additional insured(s) at the location of the your or>goloc operations ns for covered operations has bean completed,or the addithxrat insured(s) at the location(s) desig- natedabove. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same protect CG 20 ID 07 04 it ISO Properties,Inc.,2004 Page i of 1 13 INSURED'S COPY g u YVM 3 9 SS dM1'9S p35 asnenS�s a us pNusix3 {�3 3 sn a 'y a sK�� �3 Egs .§ 3x � ode k=g 9& y @e SS S a S J ,-G nb sF kc z frm L ebb � 35r E d e % O w 1 Z 3$�t:- e, 3p gas Z G s O2 Y 'w d�W m�� $ K12 $�s �s3«B Hwy �<� " s=J P �u k a '� .� � wJ uR1j®> -El ,. 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KENT Agenda Item: Consent Calendar— 7I TO: City Council DATE: April 19, 2011 SUBJECT: Natural Yard Care Education Program Contract — Authorize MOTION: Authorize the Mayor to sign a contract with The Frause Group, Inc. in an amount not to exceed $19,468.00 to provide Natural Yard Care Workshops, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Since the Fall of 2007, the City of Kent Public Works Department has presented Natural Yard Care (NYC) workshops to seven different neighborhoods throughout the City. Six hours of education over a three-night short course have been presented to each neighborhood. A total of 21 workshops have been presented, and they have been well attended with an average of 75 participants per workshop. The purpose of these workshops is to educate and inform participants about the environmental effects of yard care, and to teach them how to create a beautiful, low- maintenance, environmentally friendly yard. Fertilizers and pesticides from yard care are one of the largest sources of pollution in Kent's lakes and streams — these workshops show participants how to "act naturally" to reduce or even eliminate the need for lawn chemicals. Most of Kent's lakes and streams exceed water quality standards. Under the Clean Water Act and National Pollution Discharge Elimination System (NPDES), Kent is required to implement educational efforts to decrease surface water pollution. EXHIBITS: Consultant Contract RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None. This contract is budgeted with stormwater utility funds to meet National Pollutant Discharge Elimination System (NPDES) requirements related to runoff water quality. T CONSULTANT SERVICES AGREEMENT between the City of Kent and The Frue Group,, Inc® THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The Frause Group, Inc. organized under the laws of the State of Washington, located and doing business at 1411 Fourth Ave., Suite 1210, Seattle, WA 98101, Phone: (206) 352-6402/Fax: (206) 284-9409, Contact: Nathan Hambley (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 Natural Yard Care Neighborhoods program management services for Spring and Fall, 2011. 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 December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nineteen Thousand, Four Hundred Sixty Eight Dollars ($19,468.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. 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 B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work 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. MIISCELLANEOUS 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: Nathan Hambley Timothy J. LaPorte, P.E. The Frause Group, Inc. City of Kent 1411 Fourth Ave., Suite 1210 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 352-6402 (telephone) (253) 856-5500 (telephone) (206) 284-9409 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department FrauWNatural YO Care Spring-Fall 2011/Knox '.. 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 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 ADMIINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 fY',.r ,`wy �'�i '-�^.c`'�� v r y,�,�a �, r y ,v -e �'-4 �.�u�. a� T��� .� `�-'� i�+� +"r'" .° � u•� f��'' '� w��. m f e� LEA 3 6t Y ltir>9 � a �� � .ii'�`at 5^ , V 206,352,6402 'F 206 28 7 441)9'::1411 FOU6THAVENUE:!SUITE 1210 SEATTtE,WA 99101 Natural Yard Care Neighborhoods City of Kent — Spring and Fall, 2011 NYCN Program Review and Proposed Scope of Work Program Overview Natural Yard Care Neighborhoods (NYCN)was developed by King County's Department of Natural Resources and Parks to encourage the adoption of sustainable yard and garden practices. The program seeks to protect environmental and human health. Due to concerns about water quality, water conservation, and diverting materials from a rapidly-filling landfill, the county and participating cities and utilities have made a long-term commitment to foster behavior change that will positively impact these issues. Natural Yard Care Neighborhoods is an outcome of this commitment. The program's social marketing-based strategy uses education to address barriers that prevent residents from implementing the desired yard care behaviors. The benefits of these behaviors are also thoughtfully presented. Personal contact with neighbors and interactive learning sessions are key components of this public outreach effort. Through a series of three educational workshops—centered on a core theme of yard and garden design— NYCN encourages residents to practice five natural yard care steps: 1. Build healthy soil 2. Plant right for your site 3. Practice smart watering 4. Think twice before using pesticides 5. Practice natural lawn care Program Effectiveness A variety of research mechanisms have been used to measure the effectiveness of the NYCN program. Findings have revealed the workshops are a successful behavior change vehicle. A 2005 survey examined the long-term adoption of natural yard care techniques and approaches presented during the workshops. Data revealed that: ® 48% of workshop participants began using organic or slow-release fertilizers(did not previously use) • 19% increased their habit of adding compost to flower and vegetable beds • 18% increased their selection of plants suited to the regional environment and their own yard • 15% began to water deeply but infrequently • 15% began avoiding weed and feed products (used regularly in the past) Although some cities participating in the NYCN program have continued to evaluate behavior change on an annual basis, the Washington State Department of Ecology has recognized the effectiveness of the program and no longer requires formal measurement. 'y"Tys'i i"' `�' iyY'k #P tf ',:�"`qf 3 f S t 4 :^ a^ 5 , { t # a� "'k' ...£�'&�b '.' ✓�5 ..�...x-�`.�..3't°5.��v.�`�3.}�•+.t��x� k�� �..�i�s�.-�!'*tt*.`i..a ��7 .�.z:.:'.����? ''}�.'-� h , , . -3s� .i`-�t"�s...�'=:`.x.`1s„�u'�` � `�. �`�s;� .�,. sus" ! .Jx.✓'X:?� V 206,352.6402 .Fr 06 294 9409`- 1411 FOURTH AVENUE.;SUITE 1210 C59A TLE,WA 93101 Estimated Program Costs Consultant fees $ 11,050 Kent regional contribution $2,750 Hard costs 5,668 Total 2011 program cost, not to exceed: $19,468 i i a d+ a m N 2 a N N C N r N Q d o U9 m n m m w �+ N �p O S OI N O y O r N O aj d L N L d m E d E u C U R G O O @ d - 3 N N Y y O L O a a+ � M� Q O y 3 O Y L W C 2 O U O p p p p O ❑ "w = m ° o H ` N QJ o m ° o m d 3 0' 9 ° 3 a •) U O OI E y a°+ L C C U O O C U N @ m O N ao'N m � x9 t N o N cuc N 0u _ d HE E - Z 0 m9 .o u m � >.>, ca `o9o � mLpO � `o mr-°°0a s c `o @ ao mm 3 '� _ 0 E c m L £ � " J E c N �. m 0E yea na,� m m E ?o = ° as c >.3° my� �m m oVm c - E @c i° RO @ao-� a Eqc oo� m > `a, J o c rn m > - m ` am x '� a � 5o E y m'�n'Eavm o° om oc m - 'NL L' mn p c .., y0 ° cRv 0 ur.o E o � � a� vain E >,O o 'm j rn �Y E � m E ys L - O y°. E J O i 6.O O d N 2 M O 3 q d U - N �.� '6 ° y @' C N U U R ° O C j O c E ` i L N N@ R75 @@ N _6 C R j 0 E -_6 ry ilk ' Ei ° « OI N >i =_ 'O N 6 L Y R 0 X -O 0 '> O c N C N U O)° N �_ p 0 C y� @ C E �_ N 3 $ p E t 9 a N N Y E Y N p1 C ° c JO > i C L d U C U i C C U O O C@ C T Q R C C 9 O O (O R 6@ N N C O R C O' ° @ Uo y co do Joi'• ma 0 E0 0� mm -� cSc 3 0 E!E o m P o Y c E o m o 0 o u°i m a Y U `o° �' ° c o m E y m m c m = @ c > m o m E _ 0 wa0a 02 . _`= E" JoE � @@Ua RJ @ YOoE @ ._ m .° 0Ei a @ R o@ _� a 4- o a E p a E 'o m E d c E c 'o c o � O Ul @ 'U C@ ... 6 C U O O L •O U ig p C C ° O " W C R N �O p U a L C r C ° c y c o c d c c y ,.: a R o c -• @@ " J @ 0 3 3 @ a c •- c@ — o " c 0 O « O L@ U N O C C N@@ N -O C 'O E C 0 ui U E _ - N U y 4 .0 �' @ C R N € L Y @ N L �.0 y-. R d U C £j O L N L O 9 ,L.. C Y U. @ N pa N N N 6 C Y O .II Y j Y O C L 0 0 N C i a i y , O N O C w E p N N > N y u v m ° d� od ° ° 2.'� o 'n RDr � o '°cm 0EOoo � EE ° 0Ro � mnm N o ❑ C7 c a O _ ° 3 V o U 0 E U a c O @ n U �' 3 U 3 a Q N ` U Z _ o O c @ o d O C y @ ° 0 9 = J .� t s r a@ LL S c m K E EXHIBIT INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum scope of Insurance Consultant 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. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: EXHIBIT B (Continued) 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant 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 Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. subcontractors Consultant 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 Consultant. KENT Agenda Item: Consent Calendar- 73 TO: City Council DATE: April 19, 2011 SUBJECT: S. 228th Street Storm Drainage Easement Agreement - Authorize MOTION: Authorize the Mayor to sign a Storm Drainage Easement Agreement with Drainage District No. 1 of King County to install and maintain storm drainage improvements, subject to final approval by the City Attorney and Public Works Director. SUMMARY: The S. 228th Street Improvement project includes installation of 3,200' of 72" diameter storm drain pipe. Currently, water flows through a ditch owned by Drainage District No. 1 of King County. The new drainage structure and pipe will be constructed on District No. 1 property to convey water westerly to a north-south drainage swale on the west side of 64th Avenue S. The purpose of the project is to alleviate flooding of 76th Avenue S. along Mill Creek which frequently floods during storm events. This Storm Drainage Easement Agreement will provide access to build and maintain this project. EXHIBITS: Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None WHEN RECORDED RETURN TO: Development Review/Property Services City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: Drainage District No. 1 of King County Grantee: City of Kent Abbreviated Legal Description: NW 1/4 SEC. 13 T 22N R 4E Additional Legal Description in Exhibit A of Document. Assessor's Tax Parcel ID No. 132204-9191 STR: NW 1/4 SEC. 13 T 22N R 4E Project Name: S. 228th Street Improvements STORM DRAINAGE EASEMENT AGREEMENT This Agreement is entered into between Drainage District No. 1 of King County, a Washington corporation ("Grantor"), for and in consideration of mutual benefits derived and/or other valuable consideration, receipt which is hereby acknowledged by the City of Kent, "Grantee" for the purpose of installing a storm bypass pipe across Grantor's real property. Grantor hereby conveys and quit claims to Grantee a Storm Drainage Easement with necessary appurtenances, for the installation, operation, maintenance, extension, construction, alternation, reconstruction and repair of the storm drainage system over, under, through, across and upon the following described real property, situated in King County, Washington: SEE EXHIBIT "A" ATTACHED The purpose of this Easement is to allow Grantee to divert the water that flows through Grantor's drainage ditch, such diversion to occur in the northwesterly portion of Tax Lot 132204-9191, into a new 72" diameter concrete storm pipe that heads westerly along S. 228th Street to a ditch at 64th Avenue S. If any disputes arise as to the scope of this Easement, said disputes shall be resolved in favor of allowing Grantee use of the Easement area no broader than necessary to accomplish the purpose set forth in this paragraph and not for other uses, Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the above-referenced property and immediately adjacent incidental areas with the necessary equipment for the purposes of altering, installing, operating, maintaining, extending, constructing, repairing, and reconstructing the storm drainage system described herein, or making connections to that system, without incurring any legal obligation or liability; provided, however, that the private improvements existing within this easement area and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the properties were entered upon by the Grantee. I Grantor shall retain the right to use the surface of this easement, including the immediately adjacent incidental areas, so long as that use does not interfere with the uses described in this document. Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee accepts the easement area in its present physical condition, AS IS. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith, arising directly or indirectly on account of or out of the exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this easement; provided, however, that Grantor shall be responsible for Grantor's own negligence. This Storm Drainage Easement agreement shall be a covenant running with the land, and shall bind Grantor's and Grantee's successors and assigns and all future owners of the real property affected by this easement. This Agreement shall be effective on the date of recording. GRANTOR(S): Drainage District No 1 of King County By: ----� Print a et +/ c r c _w,✓ Its Print N _ 1,411 r'vrt cT� Its z)s✓EE7—� By: Print Name: Its STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) /J� On this ='--a-- day of � � , 2011, before me a Notary Public in and for the State of Washington, personally appeared >sl lsel Al and is v✓ c v to me known to be the Commissioners of Drainage District No. 1 of King County, the Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WFIEREOF, I have hereunto set my hand and official seal the day and year first above written. �r)) GRANTEE: City of Kent By: Pri N e: 6zette Cooke Its : Ma or DATE: 5� STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Sea!Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official set %tlhyi� nd year first above written. �H� v_r 04 AOp�lP ii i o N: r :v - pus,- _`�� = NOTARY PUBLIC, in and for the-State 1 = of Washington residin at „��e0 tt^3 of- \'V My appointment expires z—_ C:WsenljmcWppOataV.omlWicrosoftlWindowslTemporar Inleme[FiIXontent.Outlook\BFQJT8 I Q\KCDD41 storm drainage easement (2).docx Exhibit A Permanent Storm Drainage Easement Tax Parcel 132204-9191 Title Report Number The north 100.00 feet of the east 40.00 feet of that portion of the southeast quarter of the northwest quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, lying westerly of the Puget Sound Power and Light Company 100 foot right of way, Except roads. N ¢ �/ p V�,Jfy� tl o NAL A5 z � i i S . 228TH ST. RIGHT-OF-WAY o 1 L NEW 72" STORM 40.00' PERMANENT DRAIN PIPE STORM DRAINAGE EASEMENT AREA r i 0 0 o I d o z c� 0 J H W } Q C-) Z a N J Z W 0 U O 0 0) �=) 0) C) rn wUd C U N a CD Z N H CIA W > ZYr Lj Zr7 Z Q C9 O Z � I I I � I I I I i i I KENT Agenda Item: Consent Calendar— 7K TO: City Council DATE: April 19, 2011 SUBJECT: SE 104th Avenue/Benson Road/SE 108th Avenue/SR 515 Speed Study Resolution — Adopt MOTION: Adopt Resolution No. amending the speed limit along portions of 104th Avenue Southeast/Benson Road/S.E. 108th Avenue/SR 515. SUMMARY: At the request of the Public Works Committee, and in conjunction with the Washington State Department of Transportation, staff conducted an engineering and traffic investigation of 104th Avenue S.E./Benson Road/108th Avenue S.E. (also designated as State Route 515). Portions of SR 515 came into the City as part of the Panther Lake annexation on July 1, 2010. The traffic studies revealed an overall 85th percentile speed of 46.2 MPH. The Manual of Uniform Traffic Control Devices (MUTCD 2003 Edition) notes that "when a speed limit is to be posted, it should be within 10 km/h or 5 mph of the 85th percentile speed of free-flowing traffic." However, the MUTCD also indicates that the following factors may be considered in addition to the 85th percentile speed when establishing speed limits. Road Characteristics, shoulder condition, grade alignment, and sight distance; • The pace speed; • Roadside development and environment; • Parking practices and pedestrian activity; • Reported crash experience for at least a 12 month period. Based on the existing conditions, the recommended speed limit for the portions of SR 515 studied is 40 MPH. Both the Washington State Department of Transportation and the Kent Police Department support the recommendation of 40 MPH as a reasonable maximum speed limit for the portions of SR 515 studied. EXHIBITS: Resolution RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None. Costs for materials, labor, and equipment to replace the speed limit signs are within the operating budget for street maintenance. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to vehicular speed limits on certain designated streets, as posted by official traffic control devices, pursuant to Chapter 9.40 of the Kent City Code. RECITALS A. The Kent Traffic Code, Section 9.36.010, adopts by reference the Model Traffic Ordinance set forth in Washington Administrative Code in Chapter 308-330 WAC (Ordinance 3170). B. Provisions of the Model Traffic Ordinance, Washington Administrative Code Section 308-330-270, and RCW 46.61.415, set forth the procedure for the local authority to determine and declare the speed limits on city arterials, streets and other rights of way, based on an engineering and traffic investigation by the traffic engineer. C. Pursuant to the Model Traffic Ordinance, Chapter 9.40 of the Kent City Code was adopted to provide that the City may establish speed limits on certain designated streets by resolution. D. A list of the speed limits on certain designated streets in the City was properly made and adopted by Resolution No. 1750 following an engineering and traffic investigation. 1 Vehicular Speed Limits E. As a result of an engineering and traffic investigation, the City Council desires to update and amend the list of speed limits set forth in Resolution No. 1750. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Repea/er. Resolution No. 1750 relating to vehicular speed limits is hereby repealed in its entirety. SECTION 2. - Adopt. Increasing or Decreasing Speed Limits on Certain Streets, Highways or other Rights-of-Way. It is determined, on the basis of engineering and traffic investigations, that the speed permitted by state law upon the following streets or portion thereof is less than, or in some cases, more than, is reasonable and safe for the operation of vehicles under the conditions found to exist on that street or portion thereof. It is hereby declared that the speed limits on such streets shall be as hereinafter set forth on the streets or portions of sang the streets listed, at all times, unless otherwise specified, after official traffic control devices have been posted to give notice thereof; provided, that in no case shall the speed limit on City streets be lower than twenty (20) miles per hour or exceed sixty (60) miles per hour. Name of street or portions affected Speed limit 1. Pacific Highway South (SR 99) from the 45 mph intersection of South 272nd Street to the intersection of Kent-Des Moines Road (SR 516) 2. Military Road from the intersection of South 35 mph 2291h Street to the intersection of South 250th Street 2 Vehicular Speed Limits 3. Military Road from the intersection of South 40 mph 250th Street to the intersection of South 272nd Street 4. Reith Road/South 259th Place/South 260th 35 mph Place from the intersection of Kent-Des Moines Road (SR 516) to the intersection of Pacific Highway South (SR 99) 5. Lake Fenwick Road from the intersection of 35 mph Reith Road to the intersection of South 272nd Street 6. South 196th/Russell Road/South 200th Street 35 mph from the intersection of 84th Avenue South to the intersection of Orillia Road 7. 64th Avenue South from Meeker Street to 35 mph South 212th-Street S. West Valley Highway from the intersection of 50 mph South 180th Street to 830 feet North of the Intersection of Morton Street (South 238th Street) 9. West Valley Highway from the intersection of 35 mph Morton Street (South 238th Street) to the intersection of Frager Road 10. West Valley Highway from the intersection of 40 mph Frager Road to a point 180 feet North of the intersection of South 262nd Street 11. West Valley Highway from a point 180 feet 50 mph north of South 262nd Street to the intersection of South 272nd Street 12. 84th Avenue South from the intersection of 40 mph South 180 Street to the intersection of SR 167 13. Central Avenue North from the intersection 35 mph of SR 167 to the intersection of James Street 14. Central Avenue North from the intersection 30 mph of James Street to the intersection of Willis Street 3 Vehicular Speed Limits 15. Central Avenue South from the intersection 40 mph of Willis Street to the Green River Bridge 16. 74th Avenue South from the intersection of 35 mph SR 516 to the intersection of South 259th Street 17. 72nd Avenue South from the intersection of 35 mph South 262nd Street to the intersection of South 277th Street 18. 4th Avenue North from the intersection of 35 mph South 228th Street to the overpass for SR 167 19. 76th Avenue South from the intersection of 35 mph South 212th Street to the intersection of South 228th Street 20. 4th Avenue North from the overpass for SR 30 mph 167 to the intersection of Willis Street 21. 80th Place South from the intersection of 80th 35 mph Avenue South to the intersection of 84th Avenue South (190th Street) 22 92nd Avenue South from the intersection of 35 mph South 208th Street to the intersection of South 200th Street. 23. 104th Avenue Southeast from a point 198 35 mph feet the intersection of Southeast 2-36256th Street to the intersection of Southeast 272nd Street 24. Kent-Des Moines Road (SR 516) eastbound 35 mph from a point 50 feet west of the intersection of 27th Avenue South to the intersection of 30th Avenue South 25. Meeker Street from Kent-Des Moines Road 40 mph (SR 516) to a point 500 feet west of the intersection of West Valley Highway (Washington Avenue) 26. Meeker Street from a point 500 feet west of 30 mph the intersection of West Valley Highway (Washington Avenue) to the intersection of 6th Avenue 4 Vehicular Speed Limits 27. Smith Street (SR 516) from the intersection 30 mph of Lincoln Avenue to the intersection of Central Avenue North 28. Canyon Drive (SR 516) from the intersection 40 mph of Hazel Avenue to the intersection of 100th Place Southeast 29. Southeast 256th Street from the intersection 35 mph of 100th Place Southeast to the intersection of 148th Avenue Southeast 30. Kent-Kangley Road (SR 516) from the 35 mph intersection of Southeast 256th Street to the intersection of 116th Avenue Southeast 31. Willis Street (SR 516) from the intersection 30 mph of 4th Avenue to the intersection of Central Avenue South 32. 97th Place South from the intersection of 30 mph Canyon Drive (SR 516) to the intersection of 100th Place Southeast 33. Southeast 264th Street from the intersection 35 mph of 100th Place Southeast to the intersection of 108th Avenue Southeast 34. South 228th Street from the intersection of 35 mph 54th Avenue South to the intersection of West Valley Highway (68th Avenue South) (SR 181) 35. South 228th/83rd Avenue South/South 224th 40 mph Street from the intersection of West Valley Highway (68th Avenue South) (SR 181) to the intersection of 84th Avenue South 36. South 212th Street from the west city limits 40 mph to the east city limits 37. South 208th Street from the intersection of 35 mph 84th Avenue South to the intersection of 92nd Avenue South 38. 116th Avenue Southeast from the intersection 35 mph of Southeast 227th Place to the intersection of Kent-Kangley Road (SR 516) 5 Vehicular Speed Limits 39. 116th Avenue Southeast from the intersection 40 mph of Kent-Kangley Road (SR 516) to the overpass for 108th Avenue Southeast 40. Southeast east 248th Street from the intersection 35 mph of 94 Avenue South to the intersection of 132nd Avenue Southeast 41. Southeast 277th Street from the overpass for 50 mph 108thAvenue Southeast to the intersection of 86th Avenue South 42. Reiten Road from Titus Street to Maple 30 mph Street 43. Maple Street from Reiten Road to Tilden 30 mph Avenue 44. Woodland Way South from Tilden Avenue to 30 mph the intersection of Southeast 267th Street 45. Southeast 267th Street from the intersection 30 mph of Woodland Way to the intersection of 104th Avenue Southeast 46. 77th Avenue South from the intersection of 35 mph South 212th Street to the north end of the road 47. James Street/Southeast 240th Street from 35 mph the inter-section of Russell Road to the intersection of 116th Avenue Southeast 48. Southeast 240th Street from the intersection 40 mph of 116th Avenue Southeast to the intersection of 137th Avenue Southeast 49. Southeast 240th Street from the intersection 35 mph of 137th Avenue Southeast to the intersection of 148th Avenue Southeast 50. South 190th Street from the intersection of 35 mph 72nd Avenue South to the intersection of 62nd Avenue South 51. South 277th Street from the intersection of 40 mph 86th Avenue South to the intersection of Auburn Way North 6 Vehicular Speed Limits 52. South 194th Street from the intersection of 35 mph 66th Avenue South to the intersection of Russell Road/58th Place South 53. 70th/72nd Avenue South from the intersection 35 mph of South 228th Street to the intersection of South 180th Street 54. South 216th Street from the intersection of 35 mph 64th Avenue South to the intersection of 72nd Avenue South 55. South 220th Street from the intersection of 35 mph West Valley Highway (68th Avenue South) (SR 181) to the intersection of 72nd Avenue South 56. 80th Avenue South from the intersection of 35 mph South 180th Street to the intersection of South 196th Street 57. Southeast 260th Street from the intersection 35 mph of 97th Place South to the intersection of 108th Avenue Southeast 58. 101st Avenue Southeast from the 30 mph intersection of Southeast 256th Street (SR 516) to the intersection of Southeast 260th Street 59. 108th Avenue Southeast from the intersection 35 mph of Kent-Kangley Road (SR 516) to the south city limits 60. Kent-Kangley Road (SR 516) (Southeast 45 mph 272nd Street) from the intersection of 116th Avenue Southeast to the overpass for SR 18 61. 114th Avenue Southeast from the intersection 35 mph of Kent-Kangley Road (SR 516) to the intersection of Southeast 269th Street 62. 120th Avenue Southeast from the intersection 35 mph of Southeast 240th Street to the intersection of Southeast 248th Street 7 Vehicular Speed Limits 63. 124th Avenue Southeast from the intersection 35 mph of Southeast 248th Street to the intersection of Southeast 282nd Street 64. 132nd Avenue Southeast from the 35 mph intersection of Southeast 240th Street to the intersection of Southeast 282nd Street 65. 144th Avenue Southeast from the intersection 35 mph of Kent-Kangley Road (SR 516) to the intersection of Southeast 288th Street 66. 152nd Avenue Southeast from the 35 mph intersection of Kent-Kangley Road (SR 516) to the south city limits 67. South 272nd Street from the intersection of 35 mph Pacific Highway South (SR 99) to the intersection of Military Road 68. South 240th Street from the intersection on 35 mph Pacific Highway South (SR 99) to the west city limits 69. 148th Avenue Southeast from the intersection 35 mph of Southeast 256th Street to the intersection of Southeast 240th Street 70. Southeast 248th Street from the intersection 35 mph of 94th Avenue South to the intersection of 132nd Avenue South 71. Smith Street from the intersection of Central 30 mph Avenue North to the intersection of Hazel Avenue 72. 42nd Avenue South from the intersection of 35 mph 216th Street to the intersection of South 212th Street 73. Green River Road from the north city limits 35 mph north of the Green River (Don Wickstrom) Bridge to the south city limits 74. 104th Avenue Southeast (SR515) from the 40 mph intersection of Southeast 256th Street to a point 100 feet north of the intersection of Southeast 236th Street. 8 Vehicular Speed Limits 75 104th Avenue Southeast/Benson Road 40 mph Southeast/108th Avenue Southeast (SR515) from a point 100 feet north of the intersection of Southeast 236th Street to the intersection of Southeast 192nd Street. SECTION 3, — Duties of city traffic engineer. The city traffic engineer shall take whatever steps are necessary to comply with all statutory directives regarding approval of these speed limits by the State, where applicable; posting of official traffic control devices; and the regulation of timing of traffic signals, as set forth in the Model Traffic Ordinance, adopted by reference pursuant to Section 9.36.010 of the Kent City Code, and more specifically, Section 308-330-270 of the Washington Administrative Code, RCW 46.61.415, and all other applicable sections of the Model Traffic Ordinance. SECTION 4, — Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION S. — Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6, — 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 7, — Effective Date. This resolution shall take effect and be in force immediately upon its passage. 9 Vehicular Speed Limits PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2011. CONCURRED in by the Mayor of the City of Kent this day of 2011. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRU BAKE R, 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 2011. BRENDA JACOBER, CITY CLERK P:\Civil\R sol ution\Speed Lim itl d ucdon SR515.docx 10 Vehicular Speed Limits KENT Agenda Item: Consent Calendar— 7L TO: City Council DATE: April 19, 2011 SUBJECT: Lower East Hill Sanitary Sewer — Accept as Complete MOTION: Accept the Lower East Hill Sanitary Sewer as complete and release retainage to Kar-Vel Construction, upon standard releases from the state and release of any liens. The original contract award was $1,121,189.15. The final amount was $1,311,791.41. SUMMARY: This utility funded capital rehabilitation project began December, 2009. The Council is advised that cumulative contract Amendments or Change Orders exceed 10% of the original contract award amount of $1,121,189.15. The additional costs were $190,602.56 or 17% over the original contract amount. The overage was the result of field changes. The City pays a premium of roughly 10- 20% for this additional work when it is not included in the original design plans. Typically, unforeseen conditions are difficult and expensive to identify prior to construction. The City also included additional costs for Americans with Disabilities Act sidewalk ramp mitigation requirements. The contract's bid was significantly under the engineer's original estimate and the additional work brought about from unforeseen field conditions allowed the City to upgrade additional asbestos-cement waterline for a relatively low cost. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None. Additional costs were covered using utility capital improvement funds. KENT Agenda Item: Consent Calendar— 7M TO: City Council DATE: April 19, 2011 SUBJECT: Public Defense Standards Resolution — Adopt MOTION: Adopt Resolution No. adopting standards of public defense provided to indigent defendants in the City of Kent. SUMMARY: The City of Kent prosecutes misdemeanor offenses that are committed by adults within the Kent city limits. The misdemeanor offenses are filed into the Kent Municipal Court. In accordance with the 6th Amendment of the United States Constitution, and Article I, Section 22 of the Washington Constitution, persons charged with misdemeanors who are deemed indigent are entitled to effective assistance of counsel at the public expense. Chapter 10.101 RCW establishes a process for determining indigence, and requires that municipalities adopt standards to deliver defense services to them. The City currently contracts with a law firm located within the city limits of Kent for the provision of indigent defense services. In addition, the City also contracts with a second firm to provide indigent defense services in the event there is a conflict of interest that prevents the main firm from representing a defendant. The City's Human Services Division manages the indigent defense contracts. The firms that the City currently contracts with dedicate a vast majority of their practice to the defense of indigent misdemeanant defendants, and a majority of each firm's attorneys have extensive experience representing misdemeanant defendants from arraignment through appeal. The City prides itself in providing all indigent defendants with the highest quality public defense available at a reasonable cost to the public. Although these standards have been implicit in the course of providing indigent defense services, it is appropriate to memorialize our ongoing course by passing these standards. In furtherance of this effort, and in accordance with Chapter 10.101 RCW, the Deputy City Attorney recommends the Public Safety Committee approve the resolution adopting public defense standards. EXHIBITS: Resolution RECOMMENDED BY: Public Safety Committee BUDGET IMPACTS: None RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to public defense standards for indigent defense services provided to the City of Kent. RECITALS A. The city of Kent prosecutes misdemeanor offenses that are committed by adults within the Kent city limits. The misdemeanor offenses are filed into the Kent Municipal Court. B. In accordance with the 6th Amendment of the United States Constitution, and Article I, Section 22 of the Washington Constitution, persons charged with misdemeanors who are deemed indigent are entitled to the effective assistance of counsel at the public expense. C. Chapter 10.101 RCW establishes a process for determining indigency, and requires that municipalities adopt standards for the delivery of criminal defense services to the indigent. D. The City currently contracts with a law firm located within the city limits of Kent for the provision of indigent defense services. In addition, the City also contracts with a second firm to provide indigent defense services in the event there is a conflict of interest that prevents 1 Public Defense Standards Resolution the main firm from representing a defendant. The City's Human Services Division manages the indigent defense contracts. E. The firms that the City currently contracts with dedicate a vast majority of their practices to the defense of indigent misdemeanant defendants, and a majority of each firm's attorneys have extensive experience representing misdemeanant defendants from arraignment through appeal. F. The City prides itself in providing all indigent defendants with the highest quality public defense available at a reasonable cost to the public. In furtherance of this effort, and in accordance with Chapter 10.101 RCW, the City adopts the following standards for the delivery of public defense services. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, — The following standards apply to all indigent defense attorney services provided to the city of Kent. Definitions A. Attorney. As used in these standards, the term "attorney" shall mean an attorney under contract with the City of Kent for the provision of indigent defense services, and shall also mean the law firm for which the attorney works. Therefore, these standards shall also apply to law firms who are under contract with the City for the provision of indigent defense services. 2 Public Defense Standards Resolution B. Defendant. The term "defendant" shall mean a person who has been charged with a misdemeanor offense in the Kent Municipal Court, and who is represented by an attorney as the term attorney is defined in these standards. Standard 1: Compensation The City's contracts for public defense services shall provide for payment at a rate that is competitive for like services in the state of Washington and in the South King County area in particular. No contract for public defense services shall require the attorney to pay any compensation to another attorney in the event the attorney is disqualified from representing a defendant due to a conflict of interest. Standard 2: Duties and Responsibilities of Counsel Attorneys shall provide services in a professional and skilled manner consistent with the minimum standards of the Washington State Bar Association, Washington's Rules of Professional Conduct, applicable case law, the Constitutions of the United States and Washington, and the court rules that define the duties of counsel and the rights of defendants. At all times during the representation of a defendant, the attorney's primary responsibility shall be to protect the interests of the defendant. Standard 3: Caseload Limits, Types of Cases, and Limitations on Private Practice Attorneys shall maintain a caseload such that he or she can provide each and every defendant effective assistance of counsel as guaranteed by these standards. The attorney shall be mindful of the number of open cases for which he or she is counsel of record, the type or complexity of those cases and any prospective cases, his or her experience, the manner in which the 3 Public Defense Standards Resolution jurisdiction processes cases, and any private practice which he or she is engaged in. When contracting with an attorney, the City may, if appropriate, limit the number of cases an attorney may handle. Such limitation may be based upon the experience of the attorney, the training the attorney has received, the complexity of the cases being assigned the attorney, defense services the attorney may provide to other municipalities, the scope and extent of the attorney's private practice, justified complaints that may have been made against the attorney, and any other relevant factors. Standard 4: Responsibility for Expert Witnesses and Investiaative Services Attorneys shall be free to retain experts and investigators of the attorney's choosing, and may apply to the court for such services pursuant to applicable court rules. Standard 5: Administrative Expenses and Support Services Any contract for the provision of indigent defense services should provide for or include administrative costs and support costs. Attorneys may use qualified paralegal, secretarial, investigative, and other services as deemed appropriate. Attorneys shall maintain an office that accommodates confidential meetings with defendants, the receipt of mail, and service of process. Attorneys shall maintain adequate communication services, including but not limited to, telephone and email, to provide for efficient communication with defendants, the court, and the City. 4 Public Defense Standards Resolution Standard 6: Reports of Attorney Activity Attorneys shall maintain a case reporting and case management information system, and the attorneys shall provide reports to the City in a form and at increments as agreed to by the City and the attorneys. Attorneys shall not be required to compromise any attorney confidences when providing these reports. Standard 7: Training Attorneys must engage in regular training in the areas of criminal defense law, criminal process, trial advocacy, legal writing, appellate work, law practice management, or any other subject that, in the opinion of the attorney, is applicable to the work of indigent defense services. Standard 8: Supervision, Monitoring and Evaluation of Attorneys Attorneys shall establish a system in which more senior attorneys regularly review the work of more junior attorneys. The more senior attorneys shall review the case outcomes, caseloads, and any other information deemed appropriate, and shall regularly monitor the attorney's interactions with defendants, case preparation, and in-court activities of more junior attorneys. Attorneys may seek input from judges and other attorneys if appropriate. Standard 9: Substitution of Counsel and Assignment of Contracts Attorneys shall not assign a defendant to another law firm or subcontract with another law firm without first obtaining the express written permission of the City and shall remain directly involved in the representation of assigned defendants. Standard 10: Oualifications of Attorneys Attorneys shall endeavor to provide the highest quality indigent defense services. At a minimum, attorneys shall comply with the following: satisfy 5 Public Defense Standards Resolution the minimum qualifications to practice law as established by the Washington Supreme Court; be familiar with the statutes, court rules, case law and constitutional law applicable to misdemeanor criminal defense work; be familiar with Washington's Rules of Professional Conduct; become familiar with performance guidelines for misdemeanor public defense if adopted by the Washington State Bar Association; be familiar with the consequences of any conviction or adjudication including but not limited to immigration implications; and be familiar with mental health and substance abuse issues applicable to misdemeanant defendants. Standard 11: Disposition of Defendant Complaints Attorneys shall establish a process for responding to complaints made by defendants. At a minimum, all complaints shall be reviewed by one or more senior attorneys of the law firm. Complaints that are not resolved by the attorney shall be directed by the attorney to the City's Housing and Human Services Division, or may be directed to the Washington State Bar Association. Standard 12: Cause for Termination of Defender Services and Removal of Attorney Contracts with the attorney shall include grounds for termination. Such grounds for termination shall be based on good cause, which shall include, but shall not be limited to, the failure to provide effective assistance of counsel, the disregard of the rights and interests of the defendant, and or a willful disregard for these standards. Standard 13: Non-Discrimination Attorneys shall not discriminate in the hiring of employees or the provision of services pursuant to a contract with the City, and shall be required to execute a certification of compliance with the City's policy regarding minority and women contractors. 6 Public Defense Standards Resolution SECTION 2, - 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 3, - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4, - 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 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 day of 2011. CONCURRED in by the Mayor of the City of Kent this day of 2011. SUZETTE COOKE, MAYOR 7 Public Defense Standards Resolution ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRU BAKE R, 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 2011. BRENDA JACOBER, CITY CLERK P:\Civi l\Iesol ution\Public Defense Standards.docx 8 Public Defense Standards Resolution KENT Agenda Item: Consent Calendar- 7N TO: City Council DATE: April 19, 2011 SUBJECT: Washington Traffic Safety Commission Grant Application, Target Zero Task Force Project - Authorize MOTION: Authorize the Kent Police Department to apply for the Washington Traffic Safety Commission grant in the amount of $93,840 for the Kent/South King County Target Zero Task Force. SUMMARY: The Kent Police Department requests to apply for a grant in an amount not to exceed $93,840 for the Kent/South King County Target Zero Task Force. The grant will assist with funding the salary and benefits of one existing Public Education Specialist with the Department, subsistence, and goods and services for two yea rs. The grant period begins on July 1, 2011 and ends on June 30, 2013. The application deadline is April 22, 2011. This award has been received by the Kent Police Department for many years. EXHIBITS: WTSC Target Zero Task Force Project Agreement RECOMMENDED BY: Public Safety Committee 4/12/11 BUDGET IMPACTS: No City matching funds required. Funding is on a reimbursement basis. T14& S*ty til C OM M IS S ION STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) 621 8th Avenue SE, Suite 409 PO Box 40944, WA 98504-0944 360.753.6197, FAX 360.586.6489 hftp://www.wtsc.wa.gov (drake@wtsc.wa.gov REQUEST FOR PROPOSALS (RFP) Target Zero Task Force Project PROPOSAL DUE DATE: April 22, 2011 WTSC WILL NOT ACCEPT PROPOSALS AFTER 5:00 PM on April 22, 2011. Your agency must submit TWO original signed copies of completed RFP. The RFP should only be submitted in one format: hand delivered, mailed, or email with electronic signature (no fax accepted). TIME PERIOD FOR GRANT: July 1, 2011 - June 30, 2013 APPLICANT ELIGIBILITY: The following agencies/organizations are eligible to apply for these Traffic Safety Grants: . Washington state agencies . Federally recognized tribal governments . Cities, counties and their sub-agencies . Non-profit organizations with existing IRS 501©(3) status . Public schools (and private schools with non-profit status) CONTENTS OF THIS RFP: Section 1 : General Information about WTSC grants Section 2: Required Terms & Conditions Section 3: Required Proposal Contents Section 4: WTSC Proposal Evaluation and Grant Award Process Section 5: Grant Request Form/ Project Agreement SECTION 1 General Information about WTSC Grants t 1.1 Purpose: These grants are given to agencies, organizations and tribal governments within Washington State that provide programs, projects, services and strategies that are intended to reduce the number of deaths and serious injuries resulting from traffic crashes on Washington roads. 1.2 Washington State Data: Link to WTSC and Washington State's Strategic Highway Safety Plan; Target Zero data for information: WTSC: http://www/wtsc.wa.qov/statistics-reports/researchstudies/ SHSP: http://www.targetzero.com/ 1.3 Goals and Emphasis Areas: The primary WTSC goal is to eliminate all traffic crash related deaths and serious injuries by the year 2030. Goals should be reflective of those outlined in Target Zero at the following link: http://www.targetzero.com/ Grant proposals must address one or more priority objectives in Target Zero to receive consideration for funding and; Proposals may also address local traffic safety priorities if these are supported by significant, localized data. Significant is defined as being represented in 20% or more traffic deaths involving a given factor. Local priorities may be based on data from Regional Transportation Planning Organizations (RTPO); Municipal Planning Organizations (MPO); or county specific data. This information is available from WTSC at: http://www.wtsc.wa.gov/statistics-reports/ 1.4 Proven Strategies & Project Evaluation: Traffic safety grant requests submitted under this RFP must be either 1) a best practice or proven strategy supported by research, or 2) a recommended and tried strategy as identified in Target Zero, or 3) a demonstration project supported with a strong evaluation plan that will allow WTSC to assess the effectiveness of the project at its conclusion. Research and evaluation studies have identified certain interventions that are "proven strategies" in improving traffic safety. Grant requests that include proven strategies will receive extra consideration for funding. Although the following links may help you to identify a few proven strategies in traffic safety, they are not all inclusive. If you can demonstrate that your proposal is based on a model that has been rigorously evaluated as a proven strategy, even though it is not in one of the following publications, your grant will receive extra consideration. Examples of proven strategies/countermeasures can be found by selecting the following hyperlinks: . Washington State Strategic Highway Safety Plan; Target Zero — http://www.targetzero.com/ . A joint publication by NHTSA and the Governor's Highway Safety Association (GHSA) - 2 Countermeasures that Work . From the American Association of Highway & Transportation Officials (AASHTO), an overall Strategic Highway Safety Plan and a series of guides to proven strategies in many traffic safety program areas. - AASHTO/NCHRP Strategic Highway Safety Plan 1.5 Minimum Qualifications: Eligible agencies or organizations (see page one) must be able to perform the following: • deliver services promptly; • manage public funds efficiently and ethically; • collaborate with other community, governmental and private organizations; • develop data driven problem solving plans; and, • adequately evaluate the success of a project. 1.6 Funding: WTSC funds grants on a "cost reimbursement' basis only. WTSC will not make payments in advance or in anticipation of goods or services. Projects that include matching funds will receive special consideration. Please note their funding sources, such as local funds or other resources in the overall project budget see Budget Summary, Section 3). Matching funds may be either hard or soft dollars. Contact WTSC for additional information if needed regarding the qualification of matching funds. 1.7 Allowable project costs: Examples of allowable project costs include: • Implementation of strategies to address traffic safety problems; • Public education campaigns; • Equipment and materials; and • Training and travel directly related to project goals. Indirect or overhead costs (Any grant/project proposal that includes indirect costs charged to WTSC must be accompanied by a letter approving the requested indirect cost rate from the cognizant federal authority/agency. A copy of this letter must be filed in the project folder at WTSC.) 1.8 Unallowable project costs: All projects must follow appropriate state and federal funding regulations. Examples of unallowable project costs include the following: . Office furniture and fixtures; . Routine roadway construction or maintenance; and . Funds that supplant existing budgets. 1.9 Period of performance: Performance of any project agreement resulting from this RFP commences July 1 , 2011 and ends June 30, 2013. Amendments extending the period of performance are not permitted. WTSC will not reimburse any costs incurred on a project agreement prior to or after the period of performance. 1.10 RFP Coordinator: The RFP coordinator for this project is: 3 Lynn Drake 621 8th Avenue, SE Suite 409 PO Box 40944 Olympia, WA 98504-0944 Telephone: 360.725.9886 E-mail: (drake@wtsc.wa.gov 1.11 Grant awarding schedule: Issue Request for Proposals: March 3, 2011 Applicant Question Period: March 3, 2011 — April 22, 2011 Proposals Due: April 22, 2011, 5:00 PM, PST Evaluate Proposals: April 22, 2011 — June 1, 2011 Applicant Notification: By June 15, 2011 Agreement Negotiation/Finalization: By June 30, 2011 Project Start Date: July 1, 2011 Project End Date: June 30, 2013 1.12 Pre-proposal conference: In lieu of a pre-proposal conference, address questions to the RFP coordinator by mail, telephone or email. WTSC will accept questions and/or comments until the close of business, April 15, 2011. 1.13 Submitting your grant proposal: Please follow the directions listed below: 1 . Submit two signed copies of your proposal. a. Submit your proposal in only ONE format (mail, email with electronic signature, or hand deliver — no fax accepted). Your proposal must arrive at WTSC in Olympia, WA no later than 5:00 PM, PST, April 22, 2011 . Late proposals will not be accepted. b. Submit proposals to Lynn Drake, Program Manager WTSC, 621 8th Avenue SE, Suite 409— P.O. Box 40944, Olympia, Washington 98504-0944. c. Applicants mailing proposals should allow normal mail delivery time to insure timely receipt of their proposal. Applicants assume the risk of non-delivery or late arrival associated with the method of delivery selected. WTSC assumes no responsibility for delays caused by external delivery systems. 2. WTSC will notify applicants by email of receipt of their proposals. Applicants who do not receive this notice within ten days of submitting their application must contact WTSC at 360.753.6197 to confirm that their proposal has arrived at WTSC. 1.14 Non-profit status: Organizations claiming non-profit or not-for-profit status must submit with their proposal a letter showing current 501@ (3) status has been granted by the IRS. 1.15 Advertising grant availability: WTSC sent the notice of grant availability through this RFP to a statewide list of existing and prospective constituents. In addition, information regarding this proposal is available on the WTSC web site: www.wtsc.wa.gov 4 1.16 ADA /Alternative format: WTSC will make this application available in an alternate format on request. 5 Section 2 Required Terms and Conditions 2.1 Proprietary information: All proposals and accompanying documentation become the property of WTSC and will not be returned. 2.2 Public disclosure: All proposals shall remain confidential until the project agreement, if any, is signed by the RFP Coordinator and the applicant. After both parties have signed, the proposals are public records as defined in RCW 42.17.250 et seq., "Public Records Act." Any information in the proposal that the applicant claims as proprietary and exempt from disclosure under the Public Records Act must be clearly designated. The specific exemption must be identified and each paragraph must be clearly identified by the word "Confidential" printed below the paragraph. The entire proposal cannot be marked as exempt from disclosure. 2.3 Changes in the RFP: In the event it becomes necessary to change or to revise any part of this RFP, those changes or revisions will be posted on the WTSC web site and notice given to RFP recipients. No changes or revisions will be made after both parties have signed a project agreement. 2.4 Alterations or changes in the proposal: Proposals may be altered or amended prior to or after signing by mutual agreement of the parties. The alterations or amendments are not binding unless they are in writing and signed by persons authorized to bind each of the parties. The signature of the project coordinator is necessary to bind WTSC. Proposal alterations or amendments that extend the period of performance are not permitted. 2.5 Minority & Women-owned business participation: If appropriate, WTSC expects that its grantees will utilize minority-owned and women-owned business enterprises certified by the Office of Minority and Women's Business Enterprises under the state of Washington certification program. All grantees are therefore subject to the applicable requirements of the legislative findings and policies set forth in chapter 39.19 RCW. 2.7 Disputes: If a dispute arises during the period of performance of the project agreement, and it cannot be resolved by direct negotiation, the dispute will be determined by a dispute board in the following manner: each party will appoint one member and the members appointed shall jointly appoint a third member. The dispute board will evaluate the facts and applicable laws and shall make a determination. The determination of the dispute board shall be final and binding. As an alternative to this process, either party may request intervention by the Governor, as provided by RCW 43.17.330, in which case the Governor's process will control. In the event of litigation or other action brought to enforce the terms of the project agreement, each party shall bear its own attorneys' fees and costs. 2.9 Right of inspection: Grantees shall provide right of access to its facilities to WTSC or to any other authorized agent or official of the state of Washington or the federal government at all reasonable times in order to monitor and evaluate performance. 6 2.10 Responsiveness: All proposals will be reviewed by the RFP Coordinator or designee to determine compliance with administrative requirements. Failure to comply with the instructions in the RFP could result in rejection of the proposal. WTSC reserves the right, however, to waive minor administrative irregularities. 2.11 Most favorable terms: Proposals should be submitted in their most favorable terms. There is no best and final offer procedure in this RFP. Therefore, each applicant should expect that, if successful, the final project agreement would be substantially the same as the project application. 2.12 Proposal costs: WTSC is not liable for any costs incurred in preparing a proposal submitted in response to this RFP. Further, costs associated with proposal preparation may not be considered as "matching funds" for the purposes of a project proposal. 2.13 Insurance coverage (applicable to non-governmental entities only): The State of Washington requires specific insurance coverage(s) for non-profit organizations contracting with the state. Please request a copy of those requirements, if applicable. 2.14 Audits or Reviews: Any grantee/sub-grantee subjected to an audit or other review, of any type, must submit a copy of the resulting report to WTSC within 30 days of receipt of the report. Section 3 Required Proposal Contents 3.1 Proposal contents: The Grant Request Form/Project Agreement consists of seven pages. Fill out the first three pages completely and read the remaining pages. All grant proposals must tie directly to one of the Priority Objectives in Target Zero. Pages 10 through 21 of the Grant Request Form/Protect Agreement are your grant application. Send the completed application by mail, email with electronic signature, or hand deliver to WTSC (no fax accepted). Your proposal must arrive at WTSC in Olympia, WA no later than 5:00 PM, PST, April 22, 2011. Late proposals will not be accepted. 3.2 Instructions for Section One, page one, of Grant Request Form/Project Agreement: . Identify the title of your project on the top line. . Provide the information about your agency/organization. . To expedite processing in the event your proposal is approved, please submit two (2) signed copies of your proposal. . Signature is required unless pre approved in writing by WTSC. Electronic signature is acceptable on e-mail submissions. 3.3 Instructions for Section Two, page two, "Description of Activity": The total narrative should not exceed five one-sided pages with a 12-point or larger font. Hand written proposals will not be accepted. . Problem identification: Use available local, state or national data and demographic information in a detailed problem statement. Data must be quantifiable and verifiable. . Agency Qualifications: Provide agency and staff qualifications, such as funds managed, relevant project experience, etc. . Protect goal(s): Clearly state what you hope to accomplish in measurable terms. For example, reduce impaired driving fatality collisions by 10%; reduce pedestrian serious injury collisions by 7%; etc. . Protect activities: Explain in detail the activities of the project. This explanation should show a logical sequence of events that will take place to accomplish your goal(s). Include proven strategies. . Protect evaluation: Detail how you will evaluate and measure the effectiveness of your project toward achieving its goals. Evaluation should be expressed in terms of what you intend to measure (numbers, attitudes, knowledge, decreased fatalities caused by impaired drivers by x%; increased seatbelt use rate by x% among teen occupants; changed attitudes; increased knowledge; etc.), what you plan to accomplish, or a measure of what will change. A well thought-out project evaluation process is critical. . Budget Narrative: Provide a detailed narrative of what funding you require from WTSC and how you intend to spend your grant funds. Matching funds are strongly encouraged, but not required. 3.4 Instructions for Section 3, page three, `Budget Summary": Local or applicant resources used and in-kind contributions such as personnel costs, supervision, indirect costs, etc. should be itemized in the Matching/Contributing Cost column and added in the total project cost. Identify each individual equipment item with a cost of $5,000 or more. s Section 4 WTSC Proposal Evaluation and Grant Award Process 4.1 WTSC proposal evaluation: Upon receipt, the RFP Coordinator and WTSC staff will review and evaluate the proposals. WTSC will evaluate the merits of each proposal based on the following criteria: . Demonstrated data driven problem identification . Project reflective of Target Zero priority areas; or local priority supported by data. . Proven prevention/intervention, countermeasures, strategies, OR; Use of an innovative strategy/countermeasure with a substantial evaluation component . Staff qualifications and experience . Budget detail . Matching funds 4.2 Grant award notification: All applicants will be notified in writing of their award status by June 15, 2011. 4.3 Debriefing conference for unsuccessful applicants: Upon request, a debriefing conference may be scheduled for an unsuccessful applicant. You must request a debriefing conference with the RFP coordinator no later than three business days after receiving notice that the grant was not awarded. WTSC will schedule the debriefing conference within three business days of the request. WTSC may conduct debriefing conferences in person or over the telephone. Discussion will be limited to a critique of the proposal. Comparisons between other proposals or evaluations of other proposals are not permitted. THE FOLLOWING PAGES WILL SERVE AS BOTH YOUR GRANT APPLICATION AND PROJECT AGREEMENT. Please be sure to fill out all the pages To expedite processing in the event your proposal is approved, please submit two signed copies of your proposal (Electronic signatures are satisfactory with emailed submissions). 9 GRANT REQUEST FORM / PROJECT AGREEMENT Washington Traffic Safety Commission PO Box40944 Olympia,Washington 98504-0944 360.753.6197•360.586.6489 (fax) http://www.Msc.wa.gov/ (drake@Msc.wa.gov Authorization Project title: Check the box(es)that best describes your proposal: PRIORITY ONE PRIORITY TWO ❑ Impaired Driving Collisions ❑ Distracted Drivers ❑ Speed Related Collision ❑ Occupant Protection ❑ Roadway Departure Issues ❑ Traffic Data Systems ❑ Young Drivers ❑ Intersection Collisions PRIORITY THREE PRIORITY FOUR ❑ Unlicensed Drivers ❑ Older Drivers ❑ Work-Zone Collisions ❑ Pedestrian Safety ❑ Aggressive Drivers ❑ Wildlife Collisions ❑ Motorcycle Safety ❑ Bicycle Safety ❑ Drowsy Drive ❑ Commercial Vehicle Safety ❑ Pupil Transportation ❑ Vehicle Train Crashes ❑ Head-On Crashes ❑ Integrated Interoperable Communications ❑ Emergency Medical Services ❑ LOCAL PRIORITY AREA: Applicant agency/organization: Applicant project: Director: Name Title Address City/Zip email telephone Applicant agency/organization authorizing official (person with contracting authority): Director Name Title Address(if different than above) email Telephone Signature Date WTSC Usk Only WTSC Program Manager Planned Project Duration: From: July 1, 2011 To: June 30, 2013 Approved by: Name: Federal (HSP) Project Number: Title: Director Federal Funds(obligated)$ Signature: CFDA Number Date: 10 Washington Traffic Safety Commission Project Agreement Target Zero Task Force Project Requirements Coordination of all NHTSA national mobilizations, to include tribal mobilizations as identified yearly by NHTSA and WTSC Manage the current High Visibility Enforcement driven Mobilization patrols, DUI enforcement activity, Speeding, Occupant Protection mobilizations and other programs as identified and outlined by WTSC. Responsibilities are to include and not limited to budget tracking, funding dissemination, activity and reporting requirements, distribution and tracking of Memoriam of Understandings. This may include assigned cities and counties outside approved project locations. Promote and participate with multi-disciplinary community agencies, using all available resources and staff to promote strong collaboration and an integrated systems approach to traffic planning at the local level. Maintain and manage the Washington Law Enforcement Liaison (LEL) component for the duration of Project Agreement. See attached criteria & guidelines. Establish a baseline for the traffic safety priorities, utilize a detailed data driven approach to support the proposed problem identification. Report on specific deliverables and projects using the defined quarterly report form, to support a Government, Management, and Accountability and Performance (GMAP) format. This reporting system will be developed by the WTSC and recipients of thee grant funds, and closely monitored to ensure compliance with the project guidelines and deliverables. Work collaboratively with local media outlets to increase traffic safety awareness addressing keys components of substantiated priority issues. Submit monthly reimbursement vouchers to WTSC. Due by the 151h of each month to cover all project specific expenses for the previous month. Monthly reimbursements for this grant cannot exceed 1/24 of the total grant amount. Establish a stakeholder advisory board, to include and not limited to local representatives from engineering, education, enforcement and emergency medical service (EMS) The Stakeholder Advisory Board is required to meet a minimum of once a quarter and is required to be in place by August 1, 2011. Integrate input from stakeholder advisory board regarding priorities, action plans, and timelines. Analyze potential problems as well as opportunities, and adjust plans based on input. Attend and participate in WTSC sponsored Target Zero bi-annual conferences and other meetings as requested by WTSC. 11 Maintain and update an effective web page to support the approved local program. Updates must be completed on a quarterly basis. Provide education and resources to the community, local school districts, and law enforcement agencies implementing traffic safety projects, including grant opportunities and programs offered by WTSC. o Educate the community on traffic safety priorities. Provide office space and necessary office supplies to support the identified Target Zero Manager. The assigned office space shall be readily accessible to the public and ADA compliant. Approved projects will be required to identify a .85 FTE for the duration of the program; requests for reduction of hours must be submitted in writing and pre-approved by WTSC. Reimbursement will not exceed more than 1124 for total grant per month for the entire contract. 12 In this section, the following SIX elements should be defined in narrative form: (1) Problem Identification, (2) Agency Qualifications, (3) Project Goal(s), (4) Project Activities and Tasks, (5) Project Evaluation and (6) Budget (explain how funds will be used and details of any matching funds. Please clearly label each element using the titles listed. The first FIVE elements including the budget narrative overview cannot be more than five one-sided, type written pages using nothing smaller than a 12-point font. Applications received not following this format will not be considered. 1. PROBLEM IDENTIFICATION (Must be provided in narrative form in a detailed problem statement) Demographics which may include: ➢ Total population served; ➢ Number of licensed drivers; ➢ Numbers of registered vehicles; ➢ Vehicle Miles travelled; ➢ Number of law enforcement agencies in the TZTF service area; ➢ Fatality and serious injury collision data. ➢ Number of elementary and secondary and private schools in the TZTF service area ➢ Number of educational institutions ➢ Other demographic, environmental, and priority based factors as deemed appropriate by the WTSC. Grant proposals must address one or more priority objectives in Target Zero to receive consideration for funding and; Proposals may also address local traffic safety priorities if these are supported by significant, localized data. Significant is defined as being represented in 20% or more traffic deaths involving a given factor. Local priorities may be based on data from Regional Transportation Planning Organizations (RTPO); Municipal Planning Organizations (MPO); or county specific data. This information is available from WTSC at: http://www.wtsc.wa.gov/statistics-reports/ 2. AGENCY QUALIFICATIONS Provide a paragraph which demonstrates the host agency or organization can perform the following: • deliver services promptly; • manage public funds efficiently and ethically; • collaborate with other community, governmental and private organizations; • develop data driven problem solving plans; and, • adequately evaluate the success of a project. 13 3. PROJECT GOALS The primary WTSC goal is to eliminate all crash related deaths and serious injuries by the year 2030. Goals should be reflective of selected objectives. Project goals may also address the major traffic safety issues within your local area. • Proiect goal(s): Clearly demonstrate what you hope to accomplish in measurable terms. c Examples of project goals include; reduce impaired driving fatality collisions by 10%; reduce pedestrian serious injury collisions by 7%; etc. 4. PROJECT ACTIVITIES Provide a brief narrative identifying potential activities necessary to achieve the stated goals. The following are expectations of minimum activities necessary to establish and maintain an effective Target Zero Program. Additional self- initiated traffic safety related activities and tasks are strongly encouraged. Identify and implement Target Zero goals and communicate to community leaders and organizations. Develop clear action steps for each goal based on best practice, proven strategies and countermeasures. Continue to analyze state and local data to best allocate funding and resources. Monitor progress of identified Target Zero goals and make adjustments as necessary. Regularly evaluate project resources, budgets, expenditures, and adjust accordingly. Successfully meet all required deadlines assigned by WTSC. 5. PROJECT EVALUATIONS Grant requests submitted under this RFP must be either; 1) a best practice, proven strategy, or countermeasure supported by research, or 2) a demonstration project supported with a strong evaluation plan that will allow WTSC to assess the effectiveness of the project at its conclusion. Research and evaluation studies have identified certain interventions that are best practice, proven strategies, or countermeasure, in improving traffic safety. Grant requests that include these interventions will receive extra consideration for funding. If you can demonstrate that your proposal is based on a model that has been rigorously evaluated as a proven strategy, even though it is not in one of the following publications, your grant will receive extra consideration. Examples of best practice, proven strategies, and countermeasures can be found by selecting the following hyperlinks: • Washington State Strategic Highway Safety Plan; Target Zero— hftp://www.targetzero.com/ • A joint publication by NHTSA and the Governor's Highway Safety Association (GHSA) - Countermeasures that Work 14 • From the American Association of Highway & Transportation Officials (AASHTO), an overall Strategic Highway Safety Plan and a series of guides to proven strategies in many traffic safety program areas. -AASHTO/NCHRP Strategic Highway Safety Plan — 6. BUDGET SUMMARY Provide a narrative overview of anticipated expenditures itemized on the budget page. Define in detail all direct and indirect costs listed under Applicant Matching Contributing Cost. If travel dollars are requested an explanation of anticipated travel must be included. Resources provided for each TZ Manager will be based on the following criteria: ➢ Total population served; ➢ Number of licensed drivers; ➢ Numbers of registered vehicles; ➢ Vehicle Miles travelled; ➢ Number of law enforcement agencies in the TZTF service area; ➢ Fatality and serious injury collision data. ➢ Number of elementary and secondary and private schools in the TZTF service area ➢ Other demographic, environmental, and priority based factors as deemed appropriate by the WTSC. 15 Washington Traffic Safety Commission Project Agreement Section 3 Budget Summary Budget WTSC Costs Applicant Matching/ Contributing Cost 1. Salaries and Wages: $ $ 2. Employee Benefits $ $ 3. Travel and Subsistence: $ $ 4. Contractual Services: $ $ 5. Equipment: $ $ 6. Goods and Services: $ $ 7. Total lines1-6 (Amount Requested from WTSC) $ 8. Total lines 1-6 (Amount provided by applicant) $ Total Project Cost (Add lines 7 & 8): $ WTSC Use Only Cost Sharing Matching Share: (Washington Traffic Safety Commission use only) WSP Field Salaries FY Share Amount Percent Federal: $ Applies To: State: $ State: Political Subdivision: $ Local: Total Estimated Cost: $ 16 Certifications and Assurances It is hereby understood that this application and attachments hereto, when approved and signed by all concerned parties as indicated, shall constitute an agreement by and between the applicant organization to perform in accordance with the terms of this application and attachments, taken as a whole. This agreement is based on guidelines found in the Common Rule, the Office of Management and Budget (OMB) Circular A-102, in order to standardize and simplify federal grants. The signature below of an authorized representative of the applicant agency certifies and ensures that all the following conditions will be met. 1) Reports—The Contractor shall submit quarterly reports, a final report at end of the project, and submit special reports as outlined in the Project Agreement. Please read Reporting Requirements, following this section. 2) Copyrights, Publications, and Patents—Where activities supported by this project produce original copyright material, the Contractor may copyright such, but the WTSC reserves nonexclusive and irrevocable license to reproduce, publish, and use such materials and to authorize others to do so. The Contractor may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by the National Highway Traffic Safety Administration (NHTSA) and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other action required to protect the public interest. 3) Termination —This project agreement may be terminated or fund payments discontinued or reduced by WTSC at any time upon written notice to the Contractor due to non-availability of funds, failure of the Contractor to accomplish any of the terms herein, or from any change in the scope or timing of the project. 4) Fiscal Records —Complete and detailed accounting records will be maintained by the Contractor of all costs incurred on this project, including documentation of all purchases of supplies, equipment, and services; travel expenses; payrolls; and time records of any person employed part-time on this project. Federal, state, or WTSC auditors shall have access to any records of the Contractor. These records shall be retained for three years after the final audit is completed or longer, if necessary, until all questions are resolved. 5) Funding—The Contractor will utilize funds provided to supplement and not to supplant state and local funds otherwise available for these purposes. Funds are to be expended only for purposes and activities approved in the project agreement. Reimbursement will be made periodically by WTSC based on approved requests for reimbursement. If matching funds are required, the Contractor will expend them from nonfederal sources, which must be spent not later than 30 days following the completion of the project. 6) Cost Principles and Grant Management—The allowability of costs incurred and the management of this project shall be determined in accordance with OMB 2 CFR Part 225 and 49 CFR Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions, and OMB Circular A-122 for nonprofit entities. 7) Obligation Funds—Federal funds may not be obligated prior to the effective date or subsequent to the termination date of the project period. Requests for reimbursement outstanding at the termination date of the project must be made within 30 days or those funds may not be paid. 8) Changes—The Contractor must obtain prior written approval from the WTSC for major project changes including: changes of substance in project objectives, evaluation, activities, the project manager, key personnel, or project budget. The period of performance of the project, however, cannot be changed. 9) Income— Income earned by the Contractor with respect to the conduct of the project (sale of publications, registration fees, service charges, etc.) must be accounted for and income applied to project purposes or used to reduce project costs. 10) Purchases —Purchase of equipment or services must comply with state or local regulations. After the end of the project period, equipment should continue to be utilized for traffic safety purposes and cannot be disposed of without written approval of the WTSC. The Contractor shall make and maintain an inventory of equipment to include descriptions, serial numbers, locations, costs or other identifying information, and submit a copy to the WTSC. 17 11) Third Party Participants— No contracts or agreements may be entered into by the Contractor related to this project, which are not incorporated into the project agreement and approved in advance by the WTSC. The Contractor will retain ultimate control and responsibility for the project. WTSC shall be provided with a copy of all contracts and agreements entered into by Contractors. Any contract or agreement must allow for the greatest practical competition and evidence of such competition or justification for a negotiated contract or agreement shall be provided to the WTSC. 12) Participation by Disadvantaged Business Enterprises—The Contractor agrees to take all necessary and reasonable steps in accordance with Title 49, CFR, Subtitle A, Part 26 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any subcontracts financed in whole or in part with federal funds. 13) Americans with Disabilities Act— In the performance of this agreement, the Contractor shall comply with the provisions of Title VI of Civil Rights Act of 1964 42 USC 200d, Section 504 of the Rehabilitation Act of 1973 29 USC 794 Chapter 49.60 RCW, and Title I of the Americans with Disabilities Act 42 USC 1211-12117. The Contractor shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in any terms and conditions of employment to induce taking affirmative action necessary to accomplish the objectives of this Act and denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services, or otherwise afforded others. 14) Political Activities —No funds, materials, equipment, or services provided in this project agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or to pay any person to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal loan or the entering in of any cooperative agreements. 15) Certification Regarding Federal Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, sub-grants, and contracts under grant, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 16) Single Audit—State and local governments that receive federal assistance are subject to the audit requirements of OMB CircularA-128. An institution of higher education or a nonprofit entity must comply with audit requirements in OMB CircularA-133. 18 17) Federal Funding Accountability and Transparency Act: The Contractor will report for each grant awarded: Name of the entity receiving the award; Amount of the award; Information on the award including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number(where applicable), program source; Location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country; and an award title descriptive of the purpose of each funding action; A unique identifier(DUNS); The names and total compensation of the five most highly compensated officers of the entity if-- of the entity receiving the award and of the parent entity of the recipient, should the entity be owned by another entity; (i)the entity in the preceding fiscal year received— (1) 80 percent or more of its annual gross revenues in Federal awards; and(II) $25,000,000 or more in annual gross revenues from Federal awards; and(ii)the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986; Other relevant information specified by the Office of Management and Budget in subsequent guidance or regulation. 18) Seat Belt Policy—No funds, materials, property, or services will be provided to any political subdivision that does not have a current and actively enforced policy requiring the use of seat belts. 19) Policy to Ban Text Messaging While Driving -Contractors are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving including policies to ban text messaging while driving. 20) Drug Free Workplace — In accordance with the Anti-Drug Act of 1988 41 USC 702-707 and Drug Free Workplace 42 USC 12644, WTSC has the responsibility to ensure that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by any employees, grantees, and/or sub-grantees of the Contractor and/or any such activity is prohibited in the Contractor's workplace. 21) Debarment and Suspension —The applicant certifies, by signature below, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. I have read and understand the above Certifications and Assurances. Authorized Applicant Signature Date 19 Washington State Traffic Safety Commission Project Agreement Addendum A Billing and Reporting Requirements BILLINGS Invoice vouchers for payment must be prepared monthly unless otherwise authorized and must be received by the Washington Traffic Safety Commission by the 15`h of the month following the billing period. All invoices for goods received or services performed on or prior to June 30, 2012, must be received by WTSC no later than August 15, 2012. Invoices for goods received or services performed between July 1, 2012, and June 30, 2013, must be received by WTSC no later than August 15, 2013. Invoices received after the above cutoff dates will not be reimbursed. Please make sure your accounting office is aware of the above cutoff dates. I have read and understand the above invoicing requirements. REPORTING FREQUENCY AND FORMAT Quarterly Reports The formatting of reports will be determined jointly between the WTSC and those organizations awarded these grant funds, prior to the effective date of this agreement. The timeframe for submission of these reports is outlined below. Reports will be submitted quarterly and are due in the Traffic Safety Commission's office within thirty (30) calendar days after the end of the reporting quarter: First Quarter (per year) July—September; Report due October 31 Second Quarter (per year) October— December; Report due January 31 Third Quarter (per year) January— March; Report due April 30 Fourth Quarter (per year) April — June; Report due July 31 20 Final Report— Due July 30, 2013 Final reports are to be more informative and must describe whether the project objectives were accomplished, if technical and fiscal problems were encountered, and what improvements in traffic safety have resulted or probably will result. Included in final reports will be copies of publications, training reports and any statistical data generated in project execution. These final reports shall discuss, at a minimum, the following: 1. Accomplishments compared to the original project objectives; 2. Were all activities of the project completed as scheduled? Include dates and milestones when studies were completed; equipment acquired, installed and operated; 3. Any unanticipated proceedings that affected the projected; 4. Funding and costs for completion of the project in relationship to original estimates; 5. Third party performance if consultant was employed. Two copies of consultant reports are to be included with the project director's reports. Special Reporting Special reporting procedures may be required. If so, report format and frequency will be determined by the WTSC Program Manager in conjunction with the grantee. I have read and understand the above invoicing and reporting requirements. Authorized Applicant Signature Date 21 KENT Agenda Item: Consent Calendar- 70 TO: City Council DATE: April 19, 2011 SUBJECT: Washington Traffic Safety Commission, Amendment No. 1 to Memorandum of Understanding - Accept MOTION: Accept the Washington Traffic Safety Commission grant funds in the amount of $10,450, authorize the Mayor to sign all the necessary documents, and amend the budget. SUMMARY: The Amendment will increase funding to $29,053.50 for the deploy- ment of Target Zero 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. The grant began on October 1, 2010 and ends on September 30, 2011. EXHIBITS: WTSC Amendment #1 and WTSC MOU Effective 10/1/10 RECOMMENDED BY: Public Safety Committee 4/12/11 BUDGET IMPACTS: No City matching funds required. Funding is on a reimbursement basis. �y e'eAPyo C b y i AMENDMENT #1 TO Memorandum of Understanding BETWEEN Kent Police Department and WASHINGTON TRAFFIC SAFETY COMMISSION THIS AMENDMENT #1 is made and entered into by and between the Kent Po/ice Department and the WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC). IT IS THE PURPOSE OF THIS AMENDMENT #1 to increase the amount of funding available for enforcement for the project titled: Target Zero Teams relating to the MOU covering the following dates: October 1, 2010 to Sept 30, 2011. IT IS, THEREFORE, MUTUALLY AGREED THAT: 7.Grant Amount: This Amendment increases by $10,450.00 the amount available to the Kent Po/ice Department for Target Zero Teams DUI enforcement. Thus the total amount of funding available to the Kent Po/ice Department will be $29,053.50. This Amendment #1 will not be binding unless and until it is signed by persons authorized to bind each of the parties. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT: Kent Police Department (Agency) (Washington Traffic Safety Commission) i (Contracting agent- print) (date) (Signature) (Date) C srnrs '.. o� e� SEP 2 2 2010 Traffic bafety p y'B t8B9�� 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: October 1, 2010 to Sept 30, 2011 AMOUNT: NOT TO EXCEED $18,603.50 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 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 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 August 2010 KING TZT LEL TZM 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 $3,600.00 for the fiscal year. 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 for the management of the Target Zero Teams project not to exceed $2,500.00 total for the fiscal year. 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 a total of $18,603.50 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. The Kent Police Department agrees to devote 14 hours per month to Target Zero Teams patrol; and will use the agreed upon schedule for King County. Any changes will be approved prior to enforcement with the Target Zero Manager. b. All participating law enforcement are required to have 3 self-initiated contacts per hour of enforcement, or show DUI arrests. c. Some violator contacts may result in related, time-consuming activity. This activity is reimbursable. Created August 2010 KING TZT LEL TZM MOU Page 2 of 4 d. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 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. DEADLINE FOR CLAIMS: a. First Deadline: All claims for reimbursement for emphases conducted prior to June 30 must be received by WTSC no later than August 15. b. Second Deadline: 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. I Created August 2010 KING TZT LEL TZM MOU Page 3 of 4 IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. Kent Police Department U �Safety�corn�ml'ssion Agency �y shington Tra is 51'6VEN D- ST WM)H 9 1 L `Q Cog Agent(print Date - '............ Signature '.. Date Agency address (for mailing fully executed MOU) 220 4th Ave. S. Kent, WA 98032 Agency PIO contact 4 la Please return two signed MOUs to your Target Zero Manager. Cesi Velez, Kent Police, Target Zero Manager 220 4" Ave. S. Kent, WA 98032 253.856.5884 cvelez@d.kent.wa.us Target Zero Manager will return to: Shelly Baldwin, WTSC Impaired Driving Program Manager 621 - 81h Avenue SW, Suite 409, PO Box 40944 Olympia, WA 98504-0944 360.725,9889 sbaldwin@wtsc.wa.gov i Created August 2010 KING TZT LEL TZM MOU Page 4 of 4 W," Agenda Item: Consent Calendar- 7P TO: City Council DATE: April 19, 2011 SUBJECT: Washington Traffic Safety Commission, Daniel Elementary School Safety Mini-Grant - Accept MOTION: Accept the Washington Traffic Safety Commission mini-grant in the amount of $860, and amend the budget. SUMMARY: The mini-grant was awarded in order to help the Kent Police Department close out the 2007 DOT Safe Routes to School Project. This funding provides the balance for two speed reader signs at Daniel Elementary that was not covered by the balance in the 2007 SRS Project. EXHIBITS: WTSC award letter dated 3/9/11 RECOMMENDED BY: Public Safety Committee 4/12/11 BUDGET IMPACTS: No City matching funds required. Funding is on a reimbursement basis. 1 March 9, 2011 Cesi Velez, Public Education Specialist Kent Police Department Kent, WA cve.ler(wci.ken fmam.s RE: School Zone Funds /(2)5peed Readers Dear Ms. Velez: Thank you for your grant request to purchase (2) speed readers to support school zone enforcement. Your request for funding has been approved not to exceed $860.00. It is understood this equipment's primary use will be dedicated towards school zone enforcement and other traffic improvement programs. WTSC recommends that your department abide by industry standards when purchasing equipment with WTSC funding. WTSC is not liable for any cause action that arises from any equipment purchases that do not meet those standards or whose use does not confirm with its intended purpose. All equipment must be purchased, delivered and submitted for reimbursement on a state A-19 reimbursement claim form within 60 days from grant approval. I have detailed the order/ reimbursement procedure below: 1. Your agency must order the item(s) granted and be billed for the equipment 2. Upon receipt of the vendor billing, your agency must submit for the reimbursement using the enclosed Invoice Voucher, A-19-IA Form. Submit the voucher and duplicate copy of your vendor-billing invoice to WTSC for reimbursement. Please note that we cannot accept a FAX. We must have your agency identified as the Claimant, a Federal Tax ID Number and original signature of the agency head, command officer or contracting officer on the A-19 form. 3. Upon receipt of the above, your agency / jurisdiction will be reimbursed. j I LE #197 Disputes arising from the agreement shall be resolved by a panel consisting of one representative of the Washington Traffic Safety Commission, one representative from your agency and a mutually agreed upon third party, The dispute panel shall there after decide the dispute with the majority prevailing. Either party may terminate this agreement upon (30) day's written notice to the other party. In the event of termination of this agreement, the terminating party shall be liable for the performance render prior to the effective date of termination. If you cannot meet this deadline or you have any questions or concerns, please feel free to contact me; my direct line is 360,725.9896 and email is hjanes@wYsc_wn.9c),{ It is a pleasure to work with you to improve school zone and traffic safety. Sincerely, Brian iones Program Director ELECTRONIC APPROVAL BJ,kd i I LE #197 KENT Agenda Item: Consent Calendar- 70 TO: City Council DATE: April 19, 2011 SUBJECT: First Amendment to Lease Agreement with Rainier Pacific Management, LLC - Authorize MOTION: Authorize the Mayor to sign the First Amendment to the Lease Agreement with Rainier Pacific Management, LLC, for a Kent Police Department Substation. SUMMARY: This is a renewal of a lease initiated on May 1, 2008. The purpose of this lease is to provide a West Hill substation for the Kent Police Department at the Woodmont Shopping Center, located at 26226 Pacific Highway South. No basic rent will be paid as the landlord desires that Kent Police Department's presence shall act as a deterrent for illegal activities in the area so the landlord will donate the basic rent to the City of Kent. The City of Kent agrees to pay the pro rata share of the Operating Costs at the location, which is $460 per month, as its portion of this private/public partnership. The term of the First Amendment shall be 36 months beginning on May 1, 2011. EXHIBITS: First Amendment to Lease Agreement with Rainier Pacific Management, LLC and Lease Agreement with Rainier Management, LLC dated 5/1/08 RECOMMENDED BY: Public Safety Committee 4/12/11 BUDGET IMPACTS: Budgeted for 2011 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO THE RETAIL LEASE (this "Amendment") is made and entered into and effective as of this 1st day of April, 2011, by and between Woodmont Investments, LLC, dab Woodmont Plaza Shopping Center, a Washington limited liability company ("Landlord") and The City of Kent, a municipal corporation of the State of Washington. ("Tenant"). RECITALS A. Landlord and Tenant are parties to a Lease Agreements dated effective May 1, 2008 (the "Lease"), under which Tenant leases from Landlord certain portions of the building located at 26226 Pacific Hwy South, in Kent, Washington (the "Building") as shown in Exhibit A. Now, therefore, for mutual consideration, the parties agree as follows. All capitalized terms shall have the meaning set forth in the Lease unless otherwise herein defined. AGREEMENT 1. TERM. The Term of this Lease Agreement is hereby extended Sixty (60) months beginning on May 1, 2011 and will expire on April 30, 2016. Landlord reserves the right to reevaluate the marketability status of this lease agreement after Thirty-Six (36) months. 2. OPERATING COSTS. Tenant shall pay to Landlord on the first day of each month one twelfth of the Tenant's pro rata share of the Operating Costs, which is Four hundred sixty dollars and no/100 ($460.00) per month. 3. Full Force. Except as amended herein, the Lease shall remain in full force and effect. In the event of any conflict between the terms of the Lease and the terms of this Amendment, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first set forth above. LANDLORD: TENANT: Rainier Pacific Management, LLC City of Kent, a municipal corporation of the State of Washington of the State of Washington By: By: Printed Name: Jonathan Tran Printed Name: Suzette Cook Title: Asset Manager/Owner's Agent Title: Mayor, City of Kent Date: Date: Approved as to Form: P o I i is ` u �5 f 11 't i n 11 L C 8 S t. City of Kent Law Department STATE OF WASHING TON ) SS COUNTY OF KING ) On this day of 2011, before me, a Notary Public in and for the State of Washington, personally appeared Ionathan Tran, to me known to be the Owners Agent of Rainier Pacific Management, LLC, a Washington Lnnited Liability Corporation, that executed this foregoing instrument and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in this instrument and on oath stated that he was authorized to execute said instrument. -Notary Seal Must Appear lVithin This Box- IN WITNESS WHEREOF, I have herunto set my hand and official seal the day and year as above written. Notary Public for the State of Washington residing at My Appointment expires STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 2011, before me, a Notary Public in and for the State of Washington, personally appeared Suzette Cook, to me known to be the Mayor of the City of Kent, a Washington municipal corporation, that executed this foregoing instrument and acknowledged it to be the free and voluntary act of said corporation for the uses and purposes mentioned in this instrument and on oath stated that she was authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have herunto set my hand and official seal the day and year as above written. Notary Public for the State of Washington residing at My Appointment expires _ 2 P a c StthsLation ease Amendment Exhibit A 3 Pa c Po icc. ub Iaiioil Letlse zmendnien LEASE AGREEMENT BETWEEN CITY OF KENT AND RAINIER PACIFIC MANAGEMENT, LLC FOR KENT POLICE DEPARTMENT SUBSTATION THIS LEASE is entered into the date fully executed by and between RAINIER PACIFIC MANAGEMENT, LLC for WOODMONT INVESTMENTS LLC, dba Woodmont Plaza Shopping Center, a Limited Liability Corporation registered in the State of Washington, "Landlord", and CITY OF KENT, a municipal corporation of the State of Washington, "Tenant." 1. PREMISES. The Landlord leases to Tenant the premises situated at 26226 Pacific Highway South, in the City of Kent, Washington that are described as 1,174 square feet of office space in the Woodmont Plaza Shopping Center, for use by the Tenant. The area so leased is hereinafter called "the Premises" and is depicted in Exhibit "A" attached hereto and incorporated herein by this reference. 2. USE. The Premises shall be utilized by Tenant for the purpose of operating a City of Kent Police Department Sub Station and related ancillary uses and for no other purpose without the written consent of Landlord. The Premises will not be used for containment of prisoners for more than 2 hours at a time and no holding cell will be built. 3. TERM. The term of this Lease shall be Thirty Six months commencing May 1, 2008, (the "Commencement Date") and shall terminate on the last day of April 2011. By signing this Lease, Tenant acknowledges that it has had adequate opportunity to investigate the Premises. Tenant shall be permitted to take possession of the Premises on the Commencement Date. 4. BASIC RENT. Tenant and Landlord covenant and agree that no basic rent is to be paid. Landlord desires that Tenants' presence shall act as a deterrent for illegal activities in the area and therefore donates basic rent to the Tenant. Tenant shall Issue Landlord a letter at the end of the each year that confirms that space is being donated to Tenant. S. OPERATING COSTS. a. Tenant shall pay to Landlord on the first day of each month one twelfth of Tenant's pro rata share of Operating Costs, which is 00/100 Dollars ($0.00) per month. b. As used herein, "Operating Costs" shall mean all costs of operating, maintaining and repairing the Premises, the Building, and the Property (consisting of the building in which the premises are located and the adjoining land and POLICE SUB-STATION LEASE AGREEMENT - Page 1 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent - Re: Woodmont Center) buildings owned by Landlord), determined In accordance with generally accepted accounting principles, and including without limitation the following: all taxes and assessments (including, but not limited to real and personal property taxes and assessments, local improvement district assessments and other special purpose assessments, and taxes on rent or gross receipts); insurance premiums paid by Landlord and (to the extent used) deductibles; water, sewer, gas, electric and all other utility charges (other than utilities separately metered and paid directly by Tenant or other tenants); refuse, garbage, and trash removal; refurbishing and repainting; carpet replacement; air conditioning, heating, and ventilation; pest control; lighting systems, fire detection and security services; landscape maintenance; management (fees and other personnel costs); parking lot, road, sidewalk and driveway patching, resurfacing and maintenance; snow and ice removal; amortization (in accordance with generally accepted accounting principles) of capital improvements which may be Installed by Landlord in the future to comply with government regulations and rules or undertaken in good faith with a reasonable expectation of reducing operating costs (the useful life of which shall be a reasonable period of time as determined by Landlord); and costs of legal services (except those incurred directly relating to a particular occupant of the Building); accounting services; labor, supplies, materials and tools; repairs, maintenance and repairs to the roof and walls. Operating Costs shall not include Landlord's income tax or general corporate overhead, depreciation on the Building or equipment therein; loan payments; real estate broker's commissions; capital improvements of the Building not described in this paragraph; or any costs regarding the operating, maintenance and repair of the Premises, the Building, or the Property paid directly by Tenant or other tenants in the Building. c. Tenant shall pay to Landlord Tenant's share of Operating Costs following the procedures set forth below: (1) Landlord shall provide to Tenant, at or before the Commencement Date, a good faith estimate of Tenant's prorata share of annual Operating Costs. Tenant's prorata share shall include all Operating Costs for the Buildings and Property and the proportion of Tenant's rentable area of the Premises to the rentable area of Tenant and all other tenants using the rights to use the Common Areas. (ii) If the amount paid by Tenant for that year exceeds the Tenant's actual proportionate share, Tenant shall be given either a credit towards the next common areas payment(s) due from Tenant, or a refund if the term of the Lease has expired. If the amount paid by Tenant for that year is less than Tenant's actual proportionate share, Tenant shall pay Landlord the deficit within thirty (30) days of receipt of the written computation. An appropriate proportionate adjustment shall be made for any period of less than a year. POLICE SUB-STATION LEASE AGREEMENT - Page 2 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent- Re: Woodmont Center) 6. SECURITY DEPOSIT. No security deposit is required. 7. COMMON AREA. Tenant shall abide by rules and regulations adopted by Landlord from time to time and shall use its best efforts to cause Its employees, contractors, and invitees to comply with the rules and regulations, and not interfere with the use of Common Areas by others. Landlord shall maintain the Common Areas in good order, condition, and repair. S. UTILITIES AND FEES. In addition to the Tenant's Prorata Share of Operating Costs, Tenant agrees to pay all charges for natural gas, electricity and any other utilities separately metered to the Premises. 9. REPAIRS AND MAINTENANCE. a. Tenant's Obligations. Premises have been inspected and are accepted by Tenant in their present condition, Tenant shall, at its own expense and at all times, keep the premises neat, clean and in a sanitary condition, and keep and use the premises in accordance with applicable laws, ordinances, rules, regulations and requirements of governmental authorities. Tenant shall permit no waste, damage or injury to the premises; keep all drain pipes free and open; protect water, heating, gas and other pipes to prevent freezing or clogging; repair all plumbing leaks and damage caused by plumbing leaks; replace all glass in windows and doors of the premises which may become cracked or broken; and remove ice and snow from sidewalks adjoining the premises. Tenant shall make such repairs as necessary to maintain the premises in as good condition as they now are, reasonable use and wear and damage by fire and other casualty excepted. b. Landlord's Obligations. Landlord shall, at Landlord's expense, repair and maintain the structural portions of the Building, including the roof (and the roof membrane, except that the maintenance of the roof membrane shall constitute an Operating Expense), foundation, bearing and exterior beams and supports, flooring and subflooring. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations, or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances, and equipment if Landlord shall have taken every reasonable measure to avoid any such injury and interference. 10. TENANT IMPROVEMENTS. Landlord agrees to pay the costs of constructing a demising wall separating the leased premises from the remainder of the building In which they are located. Tenant agrees to pay for all other tenant Improvements required for its use ("Tenant's Work"). Tenant warrants and agrees that all of Tenant's Work shall be performed in conformance with applicable city and state building, electric and fire codes under validly Issued permits. Tenant agrees to defend, hold harmless and indemnify Landlord from and against all costs, POLICE SUB-STATION LEASE AGREEMENT - Page 3 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent- Re: Woodmont Center) expenses, and liabilities of all kind arising out of or related In any way to Tenant's Work. 11. ALTERATIONS. Tenant shall be permitted to perform Tenant's Work, and with Landlord's prior written consent, such other alterations, additions and improvements in said premises, at Tenant's sole cost and expense. In the performance of such work, Tenant agrees to comply with all laws, ordinances, rules and regulations of any proper public authority, and to save Landlord harmless from damage, loss or expense. Upon termination of this Lease and upon Landlord's request, or Landlord's approval, Tenant shall remove such Improvements and restore the premises to its original condition not later than the termination date, at Tenant's sole cost and expense. Any improvements not so removed shall be removed at Tenant's expense provided that Tenant shall pay for any damage caused by such removal. 12. SIGNS. All signs or symbols placed by Tenant 1n the windows and doors of the premises, or upon any exterior part of the building, shall be subject to Landlord's prior written approval. Landlord may demand the removal of signs which are not so approved, and Tenant's failure to comply with said request within forty-eight (48) hours will constitute a breach of this paragraph and will entitle Landlord to terminate this Lease or, in lieu thereof, to cause the sign to be removed and the building repaired at the sole expense of the Tenant. At the termination of this Lease, Tenant will remove all signs placed by it upon the premises, and will repair any damage caused by such removal. All signs must comply with sign ordinances and be placed in accordance with required permits. 13. CONDEMNATION. In the event a substantial part of the Premises is taken or damaged by the right of eminent domain, or purchased by the condenmer, in lieu thereof; so as to render the remaining premises economically untenantable, then this Lease shall be canceled as of the time of taking at the option of either party. In the event of a partial taking which does not render the premises economically untenantable, the rent shall be reduced in direct proportion to the leased property taken. Tenant shall have no claim to any portion of the compensation for the taking or damaging of the land or building. Nothing herein contained shall prevent the Tenant from Tenant's entitlement to negotiate for Tenant's own moving costs and Tenant's leasehold improvements. 14. PARKING. Landlord shall have the right to make such regulations as Landlord deems desirable for the control of parking automobiles on the real property adjacent to the Building or property under Landlord's control, including the right to designate certain areas for use by Tenant and other tenants of such properties. Tenant shall have the right to park in three (3) designated parking spaces to be located in front of the Premises in the common area parking lot. POLICE SUB-STATION LEASE AGREEMENT - Page 4 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent - Re; Woodmont Center) 15. LIENS AND INSOLVENCY. Tenant shall keep the Premises free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by Tenant and shall indemnify and hold Landlord harmless against the same. In the event Tenant becomes insolvent, bankrupt or If a receiver, assignee or other officer is appointed for the business of Tenant, Landlord may cancel this Lease at its option. 16. SUBLETTING OR ASSIGNMENT. Tenant shall not sublet the whole or any part of the Premises, nor assign this Lease without the written consent of Landlord. This Lease shall not be assignable by operation of law. 17. NOTICES. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or by a courier service, to the following addresses: If to Landlord, to: Rainier Pacific Properties Attn: Diane Frias PO BOX 3003 Seattle, WA 98114 If to Tenant, to: City of Kent Attn: Charlie Lindsey 220 Fourth Avenue S Kent, WA 98032 With a copy to: City of Kent Attn: Capt. Michael Painter 220 Fourth Avenue S Kent, WA 98032 18. TENANT'S PAYMENT ON EXECUTION OF LEASE. Upon execution of this Lease by both Landlord and Tenant, Tenant shall pay Landlord 0 and 00/100 Dollars ($0.00) in payment of the first month's Operating Costs. 19. OPTIONS TO RENEW. Tenant and Landlord, upon mutual agreement at the end of this initial lease term, have one (1) Three-year (3 year) option to renew this agreement at a lease rate mutually agreed upon at that time. POLICE SUB-STATION LEASE AGREEMENT - Page 5 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent- Re: Woodmont Center) The foregoing conditions are mutually agreed to by the Landlord and the Tenant. LANDLORD: TENANT: Rainier Pacific Management, LLC City of Kent, a municipal corporation of of the State of Washington the State of Washington By: By: Print Nam THAN TRAN Print Name ETTE COOKE Title: Pro erty Man ger/Owner's Agent Title: of ent MAYOR Date: S�/T�d Date: d (Notary Acknowledgements Appear on Next Page) APPROVED AS TO FORM: Kent Law Department POLICE SUB-STATION LEASE AGREEMENT - Page 6 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent- Re: Woodmont Center) STATE OF WASHINGTON ) ss. COUNTY OF KING On this L4r_ day of 2008, before me a (rotary Public in and for the State of Washington, persopf Ily appeared ,1na&jfV,s. T�✓i , to me known to be the rte25A14wAl of RAINIER PACIFIC MANAGEMENT, LLC, a Washington limited liabilify corporation, that executed the foregoing instrument, and acknowledged it to be the free and voluntary act, for the uses and purposes mentioned in this instrument, and on oath stated that h'C were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first abLve�wrltten. doT } Notary Public in and for the State of Washin residing at OL5 5L.') / My appointment expires �'?`•. . ...• ,PCs a`` SI ATLOF WASHINGTON } ss. COUNTY OF KING ) On thisc.---,— day of ry 2008, before me a Notary Public in and for the State of Washington, p Wally appeared SUZETTE COOKE, to me known to be the Mayor of CITY OF EN , a Washington municipal corporation, that executed the foregoing instrument, nd a knowledged it to be the free and voluntary act of said corporation, for the uses a purposes mentioned In this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- A S, WHERE I have hereunto set my hand and official se� y G, ' st above written. # atA4* ".2 a sZ, S : 9 = Notary Publi;4 and for the State of Washington 9 OF WAg��_' residing at V-DL G+ C, My appointment expires `l— o;\Gvll\Flles\OpenFlks\1271\poNteDeptWoodmn"aseAoe POLICE SUB-STATION LEASE AGREEMENT - Page 7 of 7 (April 9, 2008) (between Rainier Pacific Management and City of Kent- Re: Woodmont Center) Exhibit"A"- Site Plan of Premises; . (III dK 11� j RRIIY y� IIC T i 1 1 Ole a�u•rr.u..l - �• Ynli' ... yy iO 0 nOD p0 ��'��", • . .. p K 10QDb ez �n P ......... � Fy `.� m m8 gig "a g _a ? I�litisi$P,� 10 g e $g (Ffati''�i 8 �L iiL71LL Yi=� 8i8 SS IMP [Remainder of Page Left Blank Intentionally] KENT Agenda Item: Consent Calendar- 7R TO: City Council DATE: April 19, 2011 SUBJECT: Lease Agreement for Panther Lake Police Substation - Authorize MOTION: Authorize the Mayor to sign the Shopping Center License Agreement with PK I Panther Lake, LLC for a Kent Police Department Substation. SUMMARY: The purpose of this license agreement is to provide a substation for the Kent Police Department in the Panther Lake shopping area, located at 10842 SE 208th Street. No basic rent will be paid as the landlord desires that Kent Police Department's presence. Having a Panther Lake area substation will act as a deterrent for illegal activities in the area and accordingly, the landlord will donate the basic rent to the City of Kent. The City of Kent agrees to pay the utilities at the specific storefront location as its portion of this private/public partnership. The term of the license agreement will be 36 months beginning on May 1, 2011. EXHIBITS: Shopping Center License Agreement with PK I Panther Lake, LLC RECOMMENDED BY: Public Safety Committee 4/12/11 BUDGET IMPACTS: Not in 2011 Budget. Monthly utilities approximated at $500 per month. SHOPPING CENTER LICENSE AGREEMENT Panther Lake Kimco Site No.SWAK1494A Charge Code:4375/SPECRETISPL This License Agreement(the"License Agreement")dated as of March 18, 2011 is made between PK I PANTHER LAKE, LLC (herein called Licensor), whose address is c/o Kimco Realty Corporation, 3333 New Hyde Park Road, Suite 100, New Hyde Park, NY 11042, and KENT POLICE DEPARTMENT (herein called Licensee), whose address Is 220 Fourth Avenue South,Kent WA 98032. Licensee hereby leases from Licensor the store premises (the "Licensed Premises")in the Shopping Center known as Panther Lake,situated in the City of Kent, State of Washington, depicted as space A2 on the attached Exhibit "A", and containing approximately 1,400 square feet of floor area,upon the following terms and conditions: - 1. (A)Term and Rent. Licensor demises the Licensed Premises to Licensee for a term commencing on the date Licensor tenders the Premises to the Licensee(the"Commencement Date") and terminating on the last day of the calendar month in which occurs the third anniversary of the day Immediately preceding the Commencement Date, (the "Termination Date") (the "License Term")(or terminating sooner as provided herein). The annual rental rate ("Base Rent")shall be zero Dollars($0.00), payable in equal monthly Installments In the amount of zero, in advance on the first day of each month during the term of this License Agreement. Notwithstanding the fn.en,:nn shall men±..f�....,, per••{ the expoutien hereof. w ^h n nt^nM he^^ installment of Base Rent as and when-du_ (and pFemptly efunded f f.,r�:a-raaw„�� Up ^ delia.141t, this A� ent should he terminatedGe-of the Commeneem nt nab^, add do L..�nsas shall , dire N„t� L•^ .^.. _�. - , ;,c,�. ........ .........ors^i-,Q„--or-Ilsense fee-measured-by-Ns f at I: ••otiae ad-- dress—n e—s et—fGFt A.t•..1.. All payMentS she" be Fnade to 1 2a b I. I• an ic to dph .A .. L ......t f... h; hibi tachedT�to the first day es each�la+444 ^dvanse for .hn f.ilRro-.mrwn.on.,�_o1 a...r..f .. ..h monthly Rent a h d i ... • t N ff �...,t funds in Rank AcGo tat ..II�-"ehe-L-Ine ^_ T.^.:r.'•. :.^. ^noble 1�.b.1 debit such^ Licensee's^t u.lr,Rent then due,,tL f; 6, v .__^ . .# f0le the Mont Fe nh shall fsr the failureto paw Rent�multa,neousl• with 'o.^. of�, thisA9.re�e..^..;,ent; senses shall ..•i:�;late and n bnt tmm�acrr.�o,-_. e_-auth..r'-.atr .m�fmimaa�v...... ..1t..nhed-mtvae-As ' Exhibit"I"t^ghe,w 'h voided .....,m L:,...,...., n nt. (B) Holdover. If Licensee or anyone claiming under Licensee remains in possession of the Licensed Premises after the expiration of the License Term,That person shall be a tenant at sufferance. During any such holding over, Base Rent shall be two times the rate which was in effect Immediately prior to the expiration of the original term of the License Agreement,which Licensor may collect without admission that Licensee's estate is more than a tenancy at sufferance. All the other provisions of this License Agreement shall apply insofar as the same are applicable to a tenancy at sufferance. (C) Licensor and Licensee each shall have the right to terminate this Agreement at any time upon not less than thirty(30) days written notice to the other party. In the event this Agreement is terminated pursuant to this Article, the License Term shall expire on the termination date provided in the notice as if that was the date of expiration originally provided In this Agreement. 2. Use. Licensee shall use and occupy the Licensed Premises only for a substation for officers and to use as a general office. The Licensed Premises shall be used for no other use or purpose. Licensee acknowledges that Licensor has not made any representations or warranties as to whether such use Is permitted by the municipality,whether any special permits are required for such use, or whether the Licensed Premises or the Shopping Center is zoned for such use. Licensee shall be prohibited from seeking a zoning variance, waiver or other change in order to use the Licensed Premises for the above use without first obtaining Licensors'express written consent. 3. (A) The Common Areas. Subject to the provisions of this License Agreement, Licensee and Its employees, agents, and customers shall have the non-exclusive right to the use or benefit of the common areas to the extent and In the manner reasonably designated by Licensor. Licensor may relocate. Increase, reduce or otherwise change the number, T:ILEASEUPWffiancille,incurs UNM Went Police D9lll494AKent Pollce DePL4ue 1 Sig 415111 dimensions, or locations of the parking areas, drives, exits, entrances, walks and other Common Areas or buildings. - (B) Care and Maintenance of Premises. Licensee acknowledges (1)that it has Inspected and examined the Licensed Premises and the parking lot and common areas of the Shopping Center and is familiar with the physical condition thereof; and (ti)that Licensor has li not made and does not make any representations as to the physical condition of either the Licensed Premises or the Shopping Center. Licensee agrees to accept the Licensed Premises in its "as Is"and "where-is"condition. Licensee shall maintain the Licensed Premises In good and safe condition and Licensee shall be required to make all repairs to the Licensed Premises including, but not limited to all utilities, utility lines and apparatus, plate glass, electrical wiring, plumbing, heating, air conditioning, sprinkler heads, fixtures, equipment, Licensee's personal property and other systems and equipment at the Licensed Premises. Licensee shall also keep the sidewalks adjacent to the Licensed Premises broom clean, reasonably free of Ice, snow, and rubbish and in good condition and repair. The term "repair' as used herein shall be deemed to Include replacement. Notwithstanding the foregoing, Licensee shall not be required to repair the foundation, roof, exterior of the perimeter demising walls, and load bearing structural columns and beams of the Licensed Premises, unless the need for the repairs arises out of an act or omission of Licensee or Licensee's specific use of the Licensed Premises, In which-case Licensee shall promptly make the repairs at its cost, failure of which shall constitute a default and entitle Licensor to make the repairs at Licensee's cost. Upon the expiration of this License Agreement, Licensee shall surrender the Licensed Premises in good condition and repair. 4. Alterations. Licensee shall not make any alterations or improvements, in, to or about the Licensed Premises without first obtaining the written consent of Licensor. Licensee shall pay promptly when due all charges for labor and materials in connection with any work done by or for Licensee or anyone claiming under Licensee. Licensee shall remove, by payment, bonding or otherwise, within ten (10) days after notice, all liens placed on the public record or in any way against Licensor's Interest or the Shopping Center resulting from any act of Licensee or from labor or materials being alleged to have been supplied at the request of Licensee or anyone claiming under Licensee,failing which Licensor may remove such lien and collect all expenses Incurred from Licensee as additional Rent. Licensee shall protect,defend, save harmless and indemnify Licensor and any fee owner of the Shopping Center from and against all losses, claims, liabilities, Injuries, expenses (Including legal fees), lawsuits and damages arising out of any lien described above. 5. Ordinances and Statutes. Prior to Licensee entering the Licensed Premises, Licensee shall obtain a certificate of occupancy, business certificate and any other governmental permits if same are required for Licensee to use and occupy the Licensed Premises, and deliver a copy of same to Licensor. Additionally, Licensee shall comply with all laws, rules, regulations, statutes, ordinances and requirements of all local, municipal, state and federal authorities, including, but not limited to, all environmental laws and regulations, pertaining to the Licensed Premises and Licensee's use and occupancy thereof. 6. Assignment and Subletting. Licensee shall not: (i) assign this License Agreement or sublet any portlon of the Licensed Premises, (II) allow anyone else to use or occupy the Licensed Premises or any portion thereof, or (III) assign, transfer, pledge or sublicense this Agreement. If any person other than Licensee shall pay rent for the Licensed Premises, Licensor may accept the rent as having been paid on behalf of Licensee and not be deemed to have consented to that person occupying the Licensed Premises. 7. Utilities. All applications and connections for utility services on the Licensed Premises shall be made in the name of Licensee only, and Licensee shall pay all utility charges as they become due,Including,but not limited to,all charges for sewer,water,gas(if available), electricity,and telephone services. 8. Entry and Inspection. Licensor and Licensor's agents may enter the Licensed Premises at any reasonable time to: a)inspect or repair the same; b)place upon the Licensed Premises Licensor's "For Lease" signs; and c)permit persons desiring to lease the same to inspect the Licensed Premises. 9. Possession. If Licensor Is unable to deliver possession of the Licensed Premises at the commencement hereof, Licensor shall not be Ilable for any damage caused thereby, however, Licensee's obligation to pay Base Rent shall not commence until possession is delivered. TdLP:d3LBBPV(alancillery incomd7494Went Police DcptU494A Keol Police Deptdoc p sg 4/5111 10. Indemnification of Licensor. Licensee shall protect,defend, save harmless and indemnify Licensor and any fee owner of the Shopping Center from and against all losses, claims, liabilities, Injuries,expenses (including reasonable legal fees), lawsuits and damages of whatever nature either(i)claimed to have been caused by or resulted from any act,omission or negligence of Licensee or its subtenants, concessionaires,employees, contractors and Invitees no matter where occurring, or (11) occurring In the Licensed Premises except if caused by Licensor's negligence. Licensor shall not be liable under any circumstances for any injury or any loss or damage to or interference with any merchandise, equipment, fixtures, furniture, furnishings or other personal property or the business operations of Licensee or anyone in the Licensed Premises occasioned by(I)the act or omission of persons occupying other premises, or(it) any defect, latent or otherwise, in any building or the equipment, machinery, utilities, or apparatus, or (III) any breakage or leakage of the roof, walls, floor, pipes or equipment, or(Iv) any backing up, seepage or overflow of water or sewerage; or(v)flood, rain, snowfall or other elements or Acts of God. 11. Insurance. Licensee shall maintain: 1) plate glass insurance; and 2) public liability insurance (Including bodily injury and property damage)insuring Licensee and Licensor with minimum coverage of$1,000,000 combined single limit with a nationally known insurance company having a "Best Rating" of A-Vill or better. Licensee shall provide Licensor with a Certificate of Insurance which names Licensor and Klmco Realty Corporation as additional insureds and provides for a thirty (30) day written notice to Licensor prior to cancellation or material change of coverage. Each of Licensor and Licensee hereby releases the other to the . extent of the insurance it is required to carry under this License Agreement and, in addition, to the extent of any other insurance it actually carries. Each Insurance policy shall include a waiver of subrogation clause. Licensee's failure to deliver the policies or certificates, within thirty(30) days after receipt of written notice from Licensor, shall constitute a default and shall entitle Licensor, at Licensor's option, to purchase the above required insurance at then prevailing market rates, and Licensee shall pay Licensor on demand the costs thereof plus a twenty percent (20%) administrative fee. All policies of Insurance required of Licensee shall have terms of not less than one(1)year. 12. Eminent Domain. If any part of the building housing the Licensed Premises shall be taken by eminent domain, this License Agreement shall terminate on the date when title vests pursuant to such taking. Base Rent,and any additional rent,shall be apportioned as of the termination date. Licensee shall not be entitled to any part of the award for such taking or any payment in lieu thereof, but Licensee may file a claim for any taking of fixtures and improvements owned by Licensee and for moving expenses. 13. Destruction of Premises. In the event the Licensed Premises are materially damaged during the term of this License Agreement by fire or other casualty, Licensor shall have the right to terminate the License Agreement upon thirty(30)days notice. 14. Licensor's Remedies on Default. If Licensee defaults in the payment of Base Rent, or any additional rent, or if Licensee defaults In the performance of any of the other covenants or conditions hereof and the non-monetary default continues for more than fifteen (15)days after written notice from Licensor then, In either case, Licensor shall have the right to enter the Licensed Premises and dispossess Licensee and all other occupants and their property by legal proceedings, use of reasonable farce or otherwise. Licensee hereby waives any claim it might have for trespass or conversion or other damages if Licensor exercises such remedies. Notwithstanding any re-entry, dispossession or termination of the License Agreement by Licensor, Licensee will remain liable for damages to Licensor in an amount equal to the aggregate of all rents and other charges required to be paid up to the time of such re- entry, dispossession or termination, and for Licensor's damages arising out of the failure of Licensee to observe and perform Licensee's covenants. In addition, for each month of the period which would otherwise have constituted the balance of the License Term,Licensee shall , pay any deficiency between the monthly installment of Base Rent plus all additional rent that would have been payable, less the net amount of the rents actually collected by Licensor from a new tenant, if any. Licensee will not be entitled to any surplus. No failure to enforce any provision of the License Agreement shall be deemed a waiver. Furthermore, Licensee will be liable to Licensor for all the expenses Licensor incurs for: legal fees related to obtaining possession and making a new lease with another tenant; brokerage commissions in obtaining another tenant; and expenses Incurred in putting the Licensed Premises in good order and preparing for re-rental. In addition, Licensor may relet the Licensed Premises, or any part thereof, for a term which may be less or more than the period which would have constituted the balance of the License Term and may grant reasonable concessions or free rent to a new tenant. Licensor's refusal or failure to relet the Licensed Premises to a new tenant shall not T.V. ASHUP4 Vn01.0 in. m&149AKCmtMk.D,A[494Ax tPolice D.,L.duc 3 Ss 4/5/11 release or affect Licensee's liability; and Licensor shall not be liable for failure or refusal to relet, or for failure to collect rent under such relating. 15. Security Deposit. INTENTIONALLY DELETED 16. Attorneys'Fees. In case suit should be brought by either party to enforce any provision of this License Agreement, the non-prevailing parry shall reimburse the prevailing party for all reasonable costs and expenses Incurred by the prevailing party in the performance of this License Agreement including reasonable attorneys'fees. 17. Subordination. (A) This License Agreement is and shall be subject and subordinate to (i) all ground or underlying leases and all mortgages or other security Instruments now or hereafter affecting such leases, (ii) all mortgages or other security instruments now or hereafter affecting the fee title of the Shopping Center, (III) all documents and agreements of record affecting the Shopping Center, and (Iv) all renewals, modifications, consolidations, replacements, and extensions of any such ground or underlying leases, mortgages, security Instruments and other documents of record. This clause shall be self- operative and no further instrument of subordination shall be required by any ground or underlying lessee or by any mortgagee. In confirmation of such subordination,Licensee agrees to execute promptly any Instrument that Licensor may request. (B) If Licensor transfers its interest in the Licensed Premises, or proceedings are brought for foreclosure of any such mortgage or In case of sale in lieu thereof, or termination of any such ground or underlying lease, Licensee shall, if requested, attorn to the transferee, mortgagee,ground or underlying lessor and deliver,without charge, instruments acknowledging the attornment. 18. Relocation. Notwithstanding any other provision contained in this License Agreement, Licensor, in its absolute discretion, shall have the option at any time to require Licensee to relocate from the Licensed Premises (the "Present Premises") Into another storeroom In the Shopping Center(the"New Premises"),on giving Licensee at least fifteen(15) days advance notice of the date Licensee is to move to the New Premises. Licensee shall accept the New Premises"as is". If the New Premises Is.of a size or in a condition that would frustrate Licensee's Use of the New Premises, Licensee shall have the right to terminate this License Agreement. Licensor shall pay for moving Licensee's Inventory, fixtures, equipment and storefront sign to the New Premises. Licensee agrees to cooperate with Licensor, and to move its business operations to the New Premises promptly. The New Premises will become the Licensed Premises (instead of the Present Premises) and all of Licensee's monetary obligations to Licensor under the License Agreement and all the other terms and provisions of this License Agreement shall be apply,without Interruption,to the New Premises from and after the date Licensee is required to move. 19. Sicnage. Licensee may not place any sign In the windows or on the exterior of the Licensed Premises without Licensor's prior written consent. If Licensee obtains this consent and also obtains Licensor's approval of Licensee's sign drawings, Licensee may Install a canopy sign over the Licensed Premises. Licensee's sign drawings must Include the dimensions, color, style and types of materials to be used. Once approved, the sign shall be placed In the designated area in such a manner that It does not extend above (or below) the parapet or facade and does not exceed 213 of Licensee's storefront. Flashing, neon or moving lights on signs are prohibited. All the provisions of this License Agreement shall apply to said sign, insofar as said provisions are applicable, Including but not limited to Licensee's duty to repair and Insure the sign, and the sign shall comply with all laws. The sign shall not be placed in such a manner that it extends above the parapet or facade and shall be in the designated area. 20. Broker. Licensee represents that no broker,finder, or other person entitled to compensation was involved in this License Agreement, and that no conversations or prior negotiations were had with any broker,finder or other possible claimant concerning the renting of the Licensed Premises. Licensee shall defend, Indemnify and hold Licensor harmless against any claims for compensation (including legal fees Incurred by Licensor) arising out of any conversations or negotiations had by Licensee with anyone. 21. Estoppel Certificates. From time to time,within ten (10)days following written notice, Licensee shall deliver to Licensor a signed and acknowledged written statement certifying: the date of this License Agreement and that this License Agreement is in full force and effect and unmodified except as stated;the monthly Base Rent payable during the License Term; the date to which the rent and other payments have been paid; whether Licensor Is in T.TBASEREMKMB ncillary income%1494Wet Police DepM494A Kent Police DpUoe 4 S6 415111 default, or if there are any offsets, defenses, or counterclaims claimed by Licensee, and If a default, offset, defense, or counterclaim is claimed, specifying the specific nature and default; and stating any additional matters requested by Licensor or a mortgagee. 22. Rules and Regulations. Licensee shall observe and comply with, and cause its employees, agents,.subtenants and concessionaires, and their employees and agents, to observe and comply with all reasonable rules and regulations promulgated by Licensor by notice to Licensee; and such rules and regulations shall have the same force and effect as if originally contained in this License Agreement. 23. Notices. Any notice which either party may or is required to give, shall be given by mailing the notice certified, return receipt requested, postage prepaid, or by sending the notice by.nationally recognized overnight courier service (e.g. Federal Express or UPS)to Licensee or Licensor at the address shown below, or at such other place designated by the parties by written notice. Notice shall be effective on the earlier of(i)the third day after it was sent,or(ii)on the date received. To Licensor: Kimco Realty Corporation 3333 New Hyde Park Road New Hyde Park, NY 11042 Attn: Regional Director of Ancillary Income Fax:516-336-2167 To Licensee: Kent Police Department 220 Fourth Avenue South Kent,WA98032 Attn: P.J. Lawery Fax:253-856-6800 24. Heirs, Assigns, Successors. This License Agreement is binding upon and inures to the benefit of the heirs,assigns and successors In Interest to the parties. 26, Exculpation. Licensee agrees it will look solely to Licensor's estate in the Shopping Center,subject to the rights of the holder of any mortgage thereon,as the sole asset for collection of any claim,judgment or damages or enforcement of any other judicial process requiring payment of money. Licensee agrees that no other assets of Licensor shall be subject to levy,execution or other procedures for satisfaction of Licensee's rights or remedies. 26. Authority. If Licensee is not an individual,the person signing this document on behalf of Licensee represents (by such signature) that he or she has been duly authorized by Licensee to execute this document and that such signature creates a binding obligation of Licensee. - 27. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. 28. Percentage Rent. INTENTIONALLY DELETED 29. Miscellaneous. (a) Licensee shall not do anything that will cause a public or private nuisance. (b) Licensee shall at all times use, and conduct all activities on, the Licensed Premises as an independent contractor engaged in transacting Its own business and not as agent of Licensor. Nothing contained In this Agreement shall be construed to create the relationship of principal and agent, landlord and tenant, partnership,joint venture or any other relationship between Licensor and Licensee other than that of Licensor and Licensee for the term of this Agreement only and nothing herein shall be deemed to grant to Licensee any additional rights with respect to the Licensed Premises. (c) Licensee shall not be entitled to any condemnation award or insurance proceeds,except insurance proceeds recovered for damage to Licensee's personal property. (d) Licensee covenants that It shall not record this Agreement or a memorandum thereof. T.ULEASEREP{Katsncille income\1494Went Police tky1N1494AKent Policerxpt.doc 5 Sg 4/6/11 (a) This Agreement contains the entire and only agreement among the parties hereto with respect to the subject matter hereof. No oral statements or representations or written matter not contained in this Agreement with respect to the subject matter hereof shall have any force or effect. This Agreement cannot be modified except by a writing signed by all parties to this License Agreement. (f) Wherever in this Agreement provision is made for the doing of any act by any person, it is agreed that said act shall be done by such person at its own cost and expense unless a contrary intent Is expressed. (g) The headings and captions contained In this Agreement are for convenience only and shall not be.used to construe or Interpret this Agreement. (h) This Agreement shall be governed by, and construed under, the laws of the state In which the Licensed Premises are located. (1) The Rent provided hereunder shall be absolutely net to Licensor, and Licensee shall be responsible for any rent or occupancy tax payable with respect thereto. Nothing contained in this subparagraph shall be deemed to obligate Licensor to pay any taxes relating to the Licensed Premises or Licensee's personal property. (j) The exhibits attached to this Agreement are hereby made a part of this Agreement. (k) OFAC. Licensee represents and warrants to Licensor that neither Licensee nor any affiliate or representative of Licensee(1)is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Asset Control, Department of the Treasury ("OFAC") pursuant to Executive Order number 13224, 66 Federal Register 49079 (September 25, 2001) (the "Order"); (II) is listed on any other list of terrorists or terrorist organizations maintained pursuant to the Order, the rules and regulations of the OFAC or any other applicable requirements contained in any enabling legislation or other executive orders in respect of the Order (the Order and such other rules, regulations, legislation or orders are collectively called the"Orders"); (III) Is engaged In activities prohibited In the Orders;or(Iv)has been convicted, pleaded nolo contenders, indicted, arraigned or detained on charges involving money laundering or predicate crimes to money laundering. IN WITNESS WHEREOF,the parties have executed this License Agreement as of the day and year first above written. LICENSEE: WITNESSES: KENT POLICE DEPARTMENT By: Title: Date: LICENSOR: WITNESSES: PK I PANTHER LAKE LLC, a Delaware limited liability company By: KIM-BIG 2 JV LP,its sole member By: KIM-BIG 2 JV GP, Inc.,Its general partner By: Title: Date: T.TRASFRFPV<alaneillary inconnel14941Kent Police Depd1494A Kent Police D,Ldoc 5 Sg 415/11 EXHIBIT A-1 Legal Description Panther Lake,Kent,WA R 1pmp"In0batYof Nee,C. Mofprey51nhnf WaNNn9toNdeF bed es roTaws: PARCEL A: THAT PORTION OFTHE SOUNOVESr QUARTER OFTHESOU I EASI'QUARTER OFSECr/0N 5, TOWNSFOP22 NORTH,RANGES EAST,W.M.,IN MS CDLBCIY,WASMNMN,DESCRIBED AS FOLLOWS: COMM ENCIHN AT TH E 50UnIWlEST CORNER OF THE ABOVE DFSCRIBEO SUBDIVLS[QY; THENCE AIONGTHE MOUTH LINE OFSAD SUBDVISION SOUTH IIVSV41'EASC180.DD FEET THENCE NORTH 00°59'E9"MT42.00 FEGITOTHE NORTH MARGIN DPW MEW20WH SFNEEFANOTHETRUEPOINrOPEININNING, THENCE NORTH 00 Bros -05.EAE; 2Iux9 FEET: THENCE SOUTH B9'0406'FAST1M.94 FEET ' THENCE NORM BD°54'S9"PAST 154.54 FEET THENCE SOUTH 88°0404'FAST 146.5E FEET) THENCE SOUTH WEST 91.99 FEET NORTH ORTH 89°S42T'WEST r 178.3 FEET THENCE SOUTH 01°03'OB'WEST 36.00 FEET; THENCE NORTH 00-SV41'WEST 1W.00 FEET{ TNEfI[ESOIIIM 01°03'08'WEST 11O.00 PEBTTO THE MONTH MARGIN aFMOVfNFASi METH ENEEM THENCE ALONG SAID NORTH MARGIN NORTH 118°5641•WEST 109.21 FEETTO THETUIE POINTOF BEGINNING. PARCEL B THAT PORTION OFTHE SOUTHWEST QUARTER OFTHE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 22 NORM,RANGE 5 FAST;W.M.,IN NEW COUNTY,WASHINGION,DESCRIBED AS FOLLOWS: ..... ....._. COHMEWING ATTHESOUTHWESICOMER OFTHE ABOVE DESCRIBED SlIBD1Vf510N; THENCE ALONGTHE SOUTH TINE OF SAID SUBODASION SOUTH BB°56'41"EAST 209.11 FEET THENCE NORTH 01°IX408'EAST92.OD FEETTO THE NORTH MARGIN OF SOUIHFAST 209EDT SIIdEETAND'IHE TIDE POINFOF BEGINNING, THENCE NORTH 01°03'08'EAST 110.00 FEET THENCE SOUTH ES°56'41"EAST 156.00 FEET THENCE SOUTH UI°g W WEST 110A8 FEET TO THE SAD NORTH MARGIN OP SOUTHEAST 20UH STREEFI THENCE ALONG SAID NORTH MARGIN 88^56'41'WEST IS6Xo FEETTO THE TRUE POINT OF BEGINNING, PARCELC: THAT PORTION OFTHE SOUTHWEST QUARTER OFTHE SOUT HEASTQHARTER OFSELTION 5, TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M.,IN TONG COUNTY,WASHINGIM,DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHWEST CORNER OFTHE ABOVE DESCRBED SUBDIVISION; THENCE NORM TA°S9'54'EAST$37.24 FEET ALONG THE WEST LINE OF SAID SUBDIVISION) THENCE SOUTH B9°O3U6'EAST 90.00 FEET TD THEEASF MARGIN OF 108TH AVENUE SOLQIH 5 (BENSON HIGHWAY)AND THE TRUE POINT OF BEGINNING THENCE NORTH 00°SVW EAST ALONG SAID EAST MARGIN 441.37 FEET TO APOINT OPPOSITE HIGHWAY ENGINEFNSSTATON 179+30; THENCE MOUTH 0VS4'S IPST 39.70 FEET THENCE NORM 80°52'W'FAST58J0 FBEry THENCE SOUTH 88°W'14"EASE 95.6 FEETTOIHEE NORTH EOF THE SADSHBDIW 20 THENCE MOUTH Ol°05'S2"WEST91S6B FEETTO THE NORTH EWRGIN OFSOUDIPAST 20BTH THENCE N SAID NORTH MARGIN NORTH ES°56'91'WFST30.00 FEED NORTH THENCE NORT101"0532•FAST 600 FELT THENCE NORM 89•45'06•WEST 100.E00E ET, , THENCE NORTH 01 UM'WEST]A0 FEED, THENCE NORTH OVUM'WEST 181.0E FEET THENCE NORTH 89°5954'WEST 161.FEET THENCE NORTH 89 WM'WEST 161.7E FEET THENCE SOUTH 00 0506'WEST 164M REf; THENCE NORTH BSON HIGHWAY) WEST ANDTHE TRUE THE SAID BAST KING. OF 100TH AVENUE SOUTHEAST(BETSON HIGHWAY)AND THE TRUE POINT OF BEGINNING. PARCELD: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS BY VEHICULAR AND PEDESTRIAN TRAFFIC AND VEHIaRAR PARIDNG A9 GRANTED UNDER THAT DECLARATION OF INSTRUCTIONS AND GNANT OF EASEMENT DATED SEPRTBBER 20,1989,RECORDED SEPIEMBER 26,1988,UNDER RECORDING NO.609261268. SILWTE IN THE COUNTY OF IGNG,STATE OF WASHINGTON. i EXHIBIT A This site plan is intended to be an approximate depiction of the 5hoppiin Center. No representation or warranty is made with respect to the actual location, number or,confiq�ration of Buildings, Curb Cuts,Abutting Thoroughfares, Parking Areas,Traffic Patterns, or of the Tenants intended to be rnthin the Shopping Center. The landlord speafically reserves the right to change the content and configuration of the 5hopping Center from time to time and at any dine the Landlord desues in its sole and absolute discretion, or as is required to conform to Local Governing Agenaes. The leased premises shall be the area identified below. I I I I � I I 1 I 1 � I I W N g m I I m 1 N O s1 I I I I R 0 I 1 (I I I I 1 � 8 l A I s N I I I I 1 I I 1 1 I — — — PADA PADA2 PADA3 — — SE 208th Street Cr 1OI EleT A PD: 11411 - KIM Slte #1494 REALTY KENT Agenda Item: Consent Calendar- 7S TO: City Council DATE: April 19, 2011 SUBJECT: SR 516 and 4th Avenue Improvements - Accept as Complete MOTION: Accept the SR 516 and 4th Avenue Improvements Project as complete and release retainage to Westwater Construction Company, upon receipt of standard releases from the state and release of any liens. The original contract amount was $568,109.00. The final contract amount was $559,501.24. SUMMARY: The SR 516 and 4th Avenue Improvement project included the addition of a second eastbound left-turn lane which was an off-site mitigation requirement of the Kent Station development. The project also included an overlay of SR 516 between 3rd Avenue and the Union Pacific Railroad which was paid for by Washington State Department of Transportation. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None. The project was completed within the previously approved budget. KENT Agenda Item: Other Business — 8A TO: City Council DATE: April 19, 2011 SUBJECT: Horseshoe Bend Levee Property Acquisition, Rittenhouse Contract MOTION: Move to authorize the Mayor to sign the Consultant Services Agreement with Rittenhouse Consulting to perform Negotiations and Relocation Services for property acquisition at the Horseshoe Levee in an amount not to exceed $64,762.50, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: As part of the Horseshoe Bend Levee Certification process the City must perform work at various locations to provide added protection to the existing levee. In these areas, property must be purchased to perform the improvements. Additionally, property needs to be acquired in certain areas to provide for access and maintenance of the existing levee. The acquisition process is quite complicated, and where full property purchases are involved, the City must follow complex state procedures to relocate owners and tenants and to negotiate additional partial acquisitions and easement acquisitions. This contract will allow Anne Rittenhouse to continue her work to finalize the acquisitions and relocations. EXHIBITS: Memo dated 4/13/11 and Consultant Contract RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This is fully reimbursable through the $10 million Washington Department of Ecology Horseshoe Bend Grant. PUBLIC WORKS DESIGN ENGINEERING Timothy J. LaPorte, P.E. Public Works Director 400 West Gowe Kent, WA 98032 Fax: 253-856-6500 PHONE: 253-856-5500 Memo Date: April 13, 2011 To: Tim LaPorte, Public Works Director From: Mark Madfai, Design Engineering Supervisor Via: Mark Howlett, Design Engineering Manager RE: Consultant Selection for Negotiation/Relocation Services for the Horseshoe Bend levee This memo is to outline the method for selecting Rittenhouse Consulting to perform the above mentioned services for the Horseshoe Bend Levee Project. As you know the City has acquired and is continuing to acquire property from 11 property owners around the Horseshoe Bend levee in order to certify the levee. Out of these 11 acquisitions, 4 of them are full take purchases that include 2 business relocations and 3 residential relocations. These full take property acquisitions, along with 2 partial take acquisitions, are required to construct levee improvements in areas where our consultant has deemed the levee uncertified. The remaining acquisitions are needed to secure levee easements for repair and maintenance. Because this project is funded by a $10 million grant from the State of Washington, we are required to provide relocation assistance to displaced persons. Relocation assistance is a very complicated procedure involving a strict compliance with federal, state and local laws and procedures. It was critical that we utilized a qualified relocation expert. There are very few consultants statewide that have these capabilities. As you know we have a good rapport with the State relocation experts who strongly suggested that we use their list of certified relocation consultants. The list of relocation consultants that was provided to us by the State at that time was Rittenhouse Consulting, Certified Land Services Corp., and Lane &Associates. None of these are Kent firms. In November of 2009 the engineering department went through our standard selection process for appraisers, review appraisers and relocation consultants for this project. Rittenhouse Consulting was chosen due to their credentials, positive recommendations from other agencies, experience and familiarity with Federal, State and local guidelines, fee rate and most importantly their availability to meet our aggressive schedule set forth to certify the levees. For clarity, I have recently requested an updated list of relocation consultants used by the State, they provided a list of 5 consultants, none of which were located in Kent. Due to our continued effort to certify the Horseshoe Bend Levee, Rittenhouse Consulting is needed to continue with their work to finalize these complex acquisitions and relocations. This new contract is a follow on contract to allow Rittenhouse consulting to continue this work. City of Kent Public Works Department Timothy J. LaPorte, P.E., Public Works Director �✓ ICETlT W PSHINGTON PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Rittenhouse Consulting THIS AGREEMENT is made between the City .of Kent, a Washington municipal corporation (hereinafter the "City"), and Rittenhouse Consulting organized under the laws of the State of Washington, located and doing business at 6229 121st Avenue SE, Bellevue, WA 98006-4422, Phone: (206) 714- 0826/Fax: (425) 641-4091, Contact: Anne Rittenhouse (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: The Contractor shall provide professional negotiation, acquisition and relocation services for the Horseshoe Bend Levee Project. For a description, see the Contractor's March 30, 2011 Scope of Work which is attached as Exhibit A and incorporated by this reference. Contractor 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, and Contractor shall complete the work by December 31, 2011. III. COMPENSATION. The City shall'ipay'Contractor a total amount not to exceed Sixty Four Thousand, Seven Hundred Sixty Two Dollars and fifty cents ($64,762.50) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has thiE lability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation; profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PROFESSIONAL SERVICES AGREEMENT - 1 (over$r 0,000) E. 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. ;, z F. The Contractor 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 seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor,4s'subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate, against any person who is qualified and available to perform the work to which the employment 'relates as. provided for by the City of Kent's Equal Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance,of any of Contractor's work when completed shall not be grounds to avoid any of these covenants;of'indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. 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, then 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. VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 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. PROFESSIONAL SERVICES AGREEMENT - 2 (Over$10,000) 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. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and, 'signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its: (ride) Its Mayor DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Anne Rittenhouse Timothy J. LaPorte, P.E. Rittenhouse Consulting City of Kent 6229 121st Ave. SE 220 Fourth Avenue South Bellevue, WA 98006-4422 Kent, WA 98032 (206) 714-0826 (telephone) (253) 856-5500 (telephone) (425) 641-4091 (facsimile) (253) 856-6500 (facsimile) PROFESSIONAL SERVICES AGREEMENT - 3 (Over$10,000) APPROVED AS TO FORM: Kent Law Department PROFESSIONAL SERVICES AGREEMENT - 4 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 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 ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to 61I new employees and subcontractors indicating commitment as an equal opportunity e'r4loyer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Rittenhouse Consuftin More than just Right-of-Way. Relocation the Right Way.TM u March 30, 2011 Chad Bieren, City Engineer City of Kent - Public Works Department 400 W. Gowe Kent, WA 98032 RE: HORSESHOE BEND LEVEE REPLACEMENT PROJECT—ADDITIONAL CONTRACT SCOPE OF WORK Dear Chad: Pursuant to your request, I am submitting this proposal as a new Scope of Work for the additional deliverables needed on this project. As you are aware, my original Scope was based on Professional Negotiation, Acquisition and Relocation services for only 2 business relocations and 3 residential relocations, as well as several partial takes and administrative work. As we have moved forward with this exciting project we have now uncovered additional Landlord Businesses, additional Residential Relocations (which includes residential tenants) and additional Personal Property Only moves, as the attached spreadsheet documents. Related work was performed under my former contracts; however, the estimate below is for the additional work. PROPOSAL FOR SCOPE OF WORK EST. REMAINING ACTIVE WORKING HOURS 394.5 @ $85 p/hr $33,532.50 CLOSE-OUT HOURS 94.5 @$85 p/hr $ 8,032.50 EST. STATUS REPORT HOURS 13.5 @ $85 p/hr $ 1,147.50 EST. ADMIN HOURS 125 @ $50 p/hr $ 6,250.00 Relocation Plan Completion $ 2,000.00 Project Management 120 @$85 p/hr $10,200.00 Mileage and Reimbursements $600 x 6 mos $ 3,600.00 Estimated contract amount needed to complete project $64,762.50 622912151 Avenue SE♦Bellevue, WA ♦98006-4422 Office 206-714-0826 e Fax 425-641-4091 a Rins@Comeast.net www.RinCousulomcom MISSION STATEMENT Rittenhouse Consulting will represent the City of Kent professionally and ethically at all times, and treat property owners with respect. If you require anything further from me, please do not hesitate to contact me. Sincerely, e Rittenhouse, SR/WA, R/W-RAC, R/W-NAC Project Manager, Rittenhouse Consulting Enc. Project Spreadsheet with estimated details of remaining work 6229121"Avenue SE 0 Bellevue, WA♦98006-4422 Office 206-714-0826 0 Fax 425-641-4091♦Ritts@Comcastnet wwwSittConsulting.com EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT: SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent,contractors, products-completed operations, personal injuryland advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts,of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liabilit�k insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000,products=completed operations aggregate limit. EXHIBIT B 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance;coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant 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 Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's Liability. D. Acceptability of Insurers' Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant 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 Consultant. REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other KENT WASHINGTON OPERATIONS COMMITTEE MINUTES March 15, 2011 Committee Members Present: Jamie Perry, Les Thomas (Chair), Dennis Higgins, filling in for Debbie Raplee. The meeting was called to order by L Thomas at 4:04 p.m. 1. APPROVAL OF MINUTES DATED MARCH 1, 2011 D Higgins moved to approve the Operations Committee minutes dated March 1, 2011. J Perry seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED FEBRUARY 28, 2011 J Perry moved to approve the vouchers dated February 28, 2011. D Higgins seconded the motion, which passed 3-0. 3. RECOMMEND COUNCIL APPROVE THE CONSOLIDATING BUDGET ADJUSTMENT ORDINANCE FOR ADJUSTMENTS MADE BETWEEN JANUARY 1, 2010 AND DECEMBER 31, 2010 TOTALING $31,625,303. Bob Nachlinger, Finance Director, explained he was bringing to council amendments and consolidations to the previous budget adjustments that council adopted in addition to some new items that haven't been adopted. The bulk of the adjustments that were already passed include Panther Lake Pre-Annexation Costs, Panther Lake Post-Annexation Costs, and Prior Year-End Shortfall and Revised Revenues passed in February and June of last year. The additional items for consideration are negative budget adjustments from projects we didn't get the money for so they were zeroed out and returned to the fund which produced the money it began with. The net amount is $27,965,878. Nachlinger reminded the Committee that Year-End and February Reports will be presented at the April 5 meeting. D Higgins recommends that council approve the consolidating budget adjustment ordinance for adjustments made between January 1, 2010 and December 31, 2010 totaling $31,625,303. J Perry seconded the motion, which passed 3-0. 4. MOVE TO RECOMMEND CITY COUNCIL AUTHORIZE THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT, VALLEY COMMUNICATIONS CENTER AND THE CITY OF AUBURN FOR THE INSTALLATION AND USE OF FIBER OPTIC CABLE AND EQUIPMENT ON THE S. 277T" STREET CORRIDOR, SUBJECT TO TERMS AND CONDITIONS ACCEPTABLE TO THE CITY ATTORNEY AND THE PUBLIC WORKS DIRECTOR. This item was walked onto Committee by Mike Carrington, Information Technology Director. The fiber project was originally presented and passed through the Public Works Committee and Council in October 2010. The Agreement originated from a grant submitted by the City of Auburn on behalf of Auburn, Kent, Renton, Federal Way, Tukwila, Algona, Pacific and Valley Communications Center to address public safety and 911 emergency dispatch needs and funds the installation of fiber optic cabling and facilities. Since first submitted, there have been substantial changes creating the need to bring it back to Committee for consideration. The bulk of the changes are adding more detail and clarity in regard to grant Operations Committee Minutes March 15, 2011 Page: 2 fund administration and grant compliance, construction and inspection services by the City of Kent and fiber apportionment and maintenance. Mike further clarified the reason Auburn leads the charge is that all parties agreed it would be most beneficial for one city to submit the grant for a better chance of receiving the funds. The Agreement allows Kent to use the fiber as they see fit. ] Perry moved to recommend City Council authorize the Mayor to sign an Interlocal Agreement between the City of Kent, Valley Communications Center and the City of Auburn for the installation and use of fiber optic cable and equipment on the S. 277th Street corridor, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. D Higgins seconded the motion, which passed 3-0. The meeting was adjourned at 4: 17 p.m. by L Thomas. ��✓/I�,�� 1, �f�. Pamela Clark Operations Committee Secretary KENT ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES MARCH 14, 2011 Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, Deborah Ranniger. Councilmember Higgins stood in for Ranniger in her absence. Chair Perry called the meeting to order at 5:30 p.m. 1. Approval of Minutes Councilmember Albertson Moved and Councilmember Higgins Seconded a Motion to approve the January 24, 2011 Minutes as amended, deleting the sentence Motion PASSED 3-0. 2. PUBLIC HEARING Hebert Property 26046-116th Avenue SE Senior Planner Erin George stated that this issue regards an access restriction placed on the property via a 2006 comprehensive plan amendment and rezone. The property owner indicated that marketing the property has been problematic with the access restriction in place and has approached staff about other access options. George stated that 116th Avenue SE has been widened to 5 lanes and a 2007 lot line adjustment moved the northern lot line 100 feet to the north. George stated that Development Engineering staff believe that safe access onto 116th is possible with a site specific safety analysis and application of the City's Construction Standards. Staff requests authorization to not apply the access restriction to the property. Councilmember Perry opened the Public Hearing. Daniel Balmelli, Barghausen Engineers, 18215 72nd Ave S, Kent, WA spoke about the initial restrictions placed on the subject property. He stated that the completion of the 116th Street improvements will allow safe left turn movements to and from the site. Balmelli stated that Roger Hebert took some photos that showed only 3 cars stacked up during peak hour traffic. He appealed to the Committee for their support. Roger Hebert, 2020 A St. SE, Auburn, WA property developer submitted 17 photos of the subject site and the 116th Avenue SE intersection that showed traffic movement during the peak hour of 4:45 p.m. on Thursday, March 10. Councilmember Higgins Moved and Councilmember Albertson Seconded a Motion to accept the photos for the record. Motion PASSED 3-0. George Basmajian, 3703 21st St SE, Puyallup, WA stated that he is an owner of a real estate company that markets the subject property. He stated that inhibited access has discouraged development. Seeing no further speakers, Councilmember Albertson Moved and Councilmember Higgins Seconded a Motion to close the Public Hearing. Motion PASSED 3-0. Councilmember Albertson Moved to authorize staff not to apply the right- in/right-out access restriction imposed on the property located at 26046 116th Avenue Southeast in favor of a site-specific safety analysis acceptable to the City Engineer. Councilmember Higgins Seconded the Motion. Motion PASSED 3-0. 3. Misty Meadows Neighborhood Council Recognition and Resolution Neighborhood Program Coordinator Toni Azzola introduced Misty Meadows Community members Teresa Gregory and Lynette Hansen. She stated that Misty Meadows consists of 162 households. The neighborhood is located to the west of 132ind Avenue SE, to the north of SE 232ind Place, along the east and west of 128th Place SE, and to the north and south of SE 228th Place. Misty Meadows came into the City as part of the Panther Lake annexation area. Azzola stated that 52 people attended the first neighborhood meeting. Councilmember Higgins moved to recommend Council adopt the proposed resolution which recognizes the Misty Meadows Neighborhood Council, supports its community building efforts, and confers all opportunities offered by the City's Neighborhood Program. Councilmember Albertson seconded the Motion. Motion PASSED 3-0. 4. Contract for Consulting Services: Economic Development Strategic Plan Economic Development Manager Kurt Hanson introduced the consultants with Community Attributes International; the President and Project Manager Chris Mefford, and the Deputy Project Manager Lisa Corrado, both of whom will provide their services in the development of the Economic Development Strategic Plan for the City of Kent. Hanson defined four (4) tasks that the Scope of Work consists of, stating that this project is targeted for completion within 4-6 months, at which time the final product will be presented to the Council Committee then moved on to the Full Council. Councilmember Albertson moved to recommend approval of the 2011 Consultant Services Agreement with Community Attributes International, to provide consultant services for the Economic Development Strategic Plan for the City of Kent. Councilmember Higgins seconded the Motion. Motion PASSED 3-0. S. Economic Development Report Economic Development Manager Kurt Hanson acknowledged that Pacific Grating (a supplier who built ShoWare's catwalk structure) has moved their business from Seattle to Kent. Hanson stated that Kent published and sent out a Request for Proposal to the three finalist teams on the Downtown Garage. The submittals are due back to the City by April 28th. Hanson announced that anyone is welcome to attend a pre-submittal meeting on Friday, March 18th at 1 p.m. in City Council Chambers East. Hanson said that planning sessions have ceased with the Federal Aviation Administration in their search for a site to locate a new facility, stating that this project has probably been shelved by the GSA. Staff will bring an update back to the Committee within a month. For Information Only Adiournment Councilmember Perry Adjourned the Meeting at 6:20 p.m. Pamela Mottram, Economic & Community Development Committee Secretary ECDC Minutes March 14,2011 Page 2 of ..00,0,`�. �✓ KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES February 8, 2011 COMMITTEE MEMBERS: Les Thomas, Dennis Higgins, and Ron Harmon, Chair The meeting was called to order by Chair Harmon at 5:03 PM. 1. Approval of Minutes D. Higgins moved to approve the minutes of the January 11, 2011 meeting. The motion was seconded by L. Thomas and passed 3-0. 2. Public Display of Fireworks Ordinance - ADOPT Division Chief Jon Napier, Fire Marshal, and City Attorney Tom Brubaker presented the revised language to Section 3 of the amendments to Chapter 13.05 of the Kent City Code. Discussion then ensued regarding the evacuation route signs from the valley floor. It was explained that City Administration requested the covering of the signs. The Committee requested that Emergency Management Division address the issue with City Administration. L. Thomas moved to recommend that Council adopt the proposed ordinance regarding the public display of fireworks. The motion was seconded by D. Higgins and passed 3-0. 3. Parking of Semi-Trucks Containing Hazardous Materials During a Flood Emergency — ADOPT Chief Napier, Tom Brubaker and Dominic Marzano explained that the City will provide safe, upland parking for trucks carrying hazardous materials from city businesses during an emergency flood event to limit the possibility of hazardous materials release. D. Higgins moved to recommend that Council adopt a new section .200 to Kent City Code chapter 9.38 entitled 'Flood Emergency hazardous materials parking zone." The motion was seconded by L. Thomas and passed 3-0. 4. Washington Traffic Safety Commission mini-grants (2) — ACCEPT Chief of Police Ken Thomas, stated the funds will be used to cover expenses for a training process and to purchase safety equipment for a walking event. L. Thomas moved to authorize the Kent Police department accept two (2) Washington Traffic Safety Commission mini-grants in an amount not to exceed $700. The motion was seconded by D. Higgins and passed 3-0. S. Met Life Foundation grant application - AUTHORIZE Chief Thomas stated the application will be made under the Special Strategy Awards Category, Gang Prevention and Youth Safety. D. Higgins moved to authorize the Kent Police Department to apply for the Met Life Foundation Community-Police Partnership Award in an amount not exceed $15,000. The motion was seconded by L. Thomas and passed 3-0. 6. Drug Free Communities Support Program grant application - AUTHORIZE Chief Thomas explained the application is the fourth year of the five year period with an annual application requirement for the grant's continuation funding. The grant funds the Game of Life Conference and follow-up activities for teens, prescription drug take back events and Kent Police Youth Board activities. L. Thomas moved to recommend authorizing the Kent Police Department to Apply for the Drug Free Communities Support Program grant in the amount of $53,492. The motion was seconded by D. Higgins and passed 3-0. 7. Memorandum of Understanding Between the U.S. Immigration and Customs Immigration and Customs Enforcement (ICE) and the Kent Police Department — AUTHORIZE and Establish the budget Chief Thomas requested this item be pulled from the agenda. S. Update from Kent Police Department — INFO ONLY Chief Thomas stated it is an honor to have been selected as the Chief of Police for Kent. He then stated his plan for the Department is to maintain the focus and direction of active and aggressive crime fighting strategies from the last couple of years. Chief Thomas spoke about the results of a task force which was formed to address a large number of recent residential burglaries in the Panther Lake area of the city. He stated the Department wants to form a public/private partnership to open a police storefront as a substation in the Panther Lake shopping area, similar to the West Hill Woodmont shopping area substation. Chief Thomas stated the Department is adding in the element of providing outstanding customer service to the community. The meeting adjourned at 5:42 PM. Jo Thompson, Public Safety Committee Secretary Public Safety Committee Minutes 2 February 8, 2011 PUBLIC WORKS COMMITTEE Minutes of Monday, March 21, 2011 COMMITTEE MEMBERS PRESENT: Committee members Ron Harmon and Dennis Higgins were present. The meeting was called to order at 4:06 p.m. COMMITTEE MEMBERS ABSENT: Committee Chair, Debbie Raplee was absent due to illness. Harmon stated for the record that he had Raplee's concurrence on all action items. ITEM 1 - Approval of Special Minutes Dated March 14, 2011: Committee Member Higgins MOVED to approve the minutes of March 14, 2011. The motion was SECONDED by Harmon and PASSED 3-0, with Raplee's concurrence. Item 2- Contract with Kennedy/Jenks Consultants - Guiberson Corrosion Control Facility: Utilities Engineer, Dave Brock explained that he is bringing forth two contracts one for a consultant services agreement with Kennedy Jenks Consultants and the other for Mayes Testing Engineers, Inc. Staff worked with both consultants to limit the scopes of work to only those items that City staff is not qualified to perform. Brock further explained Kennedy/Jenks Consultants was the design engineer for the Guiberson Corrosion Control Facility and this contract for construction support services. The proposed agreement amount is for $40,990. Higgins MOVED to recommend Council authorize the Mayor to sign the Consultant Services Agreement with Kennedy/Jenks Consultants, in an amount not to exceed $40,990.00 for the purpose of providing construction support and additional design engineering services for the Guiberson Corrosion Control Facility Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0, with Raplee's concurrence. Item 3- Contract/Mayes Testing Engineers, Inc. - Guiberson Corrosion Control Facilities: Brock explained that this contract is for special materials testing and inspections for the Guiberson Corrosion Control Facilities Project. Higgins MOVED to recommend Council authorize the Mayor to sign a consultant services agreement with Mayes Testing Engineers, Inc., in an amount not to exceed $35,024.00 for the purpose of providing materials and special inspection services for the Guiberson Corrosion Control Facility Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0, with Raplee's concurrence. Page 1 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, March 21, 2011 Item 4 — Amendment No. 2/Gray &Osborne, Inc. — 640 Zone Water Reservoir Proiect Support Services: Design Engineering Supervisor, Ken Langholz presented an informative PowerPoint presentation showing slides of the project. City Engineer, Chad Bieren noted that this project was scoped with two contracts, one for design construction of the tank and the other for construction engineering services. A separate contract for a tank mural along with a rendering of the proposed tank will be brought to committee at the next Public Works Committee meeting. Langholz stated that the contract with Gary & Osborne, Inc. is for additional services not identified in Amendment No. 1. He stated that the construction of the project is roughly 50% complete and underground work is largely completed, which reduces the chance for future change orders. It was noted that the tank will be at partial capacity by the end of 2011. The 640 Zone project will take several years for final completion. Higgins MOVED to recommend Council authorize the Mayor to sign Amendment No. 2 to the Consultant Services Agreement with Gray & Osborne, Inc. in an amount not to exceed $25,200 for the propose of providing construction support for the 640 Zone Water Reservoir Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0, with Raplee's concurrence. Item 5 — Grant/ Mill Creek Confluence/Green River Restoration Design Proiect: Items 5 and 6 were presented together by Environmental Engineering Manager, Mike Mactutis. He noted that the property was purchased 5 or 6 years ago and that the City had to subdivide the property and that 50% of the purchase was through grant funds. Mactutis noted that we are walking a tight rope per se in that we can't touch or ignore the river with three endangered species. The final stretch of this project could take a decade or more to complete. Higgins and Harmon both noted these are good projects but that there is a limit to how much money drainage funds can provide. Environmental Engineering Manager, Mike Mactutis explained that the Mill Creek Confluence/Green River Restoration project has been awarded $200,000 from the Salmon Recovery Funding Board (SRFB) for final design and permitting of the project. He noted that the restoration project will create off-channel habitat in the Green River near the confluence of Mill Creek which will increase flood plain refuge habitat for Chinook and other salmonids, and will restore flood plain functions. Higgins MOVED to recommend Council authorize the Mayor to sign the Salmon Project Funding Agreement in the amount of $200,000.00 direct staff to accept the grant and establish a budget for the funds to be spent within the Mill Creek Confluence/Green River Restoration Design project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0, with Raplee's concurrence. Page 2 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, March 21, 2011 Item 6 — Contract/Historical Research Associates, Inc (HRA) — Mill Creek Confluence/Green River Restoration Desian Proiect: Environmental Engineering Manager, Mike Mactutis explained that the Mill Creek Confluence/Green River Restoration project has been awarded $200,000 from the Salmon Recovery Funding Board (SRFB) for final design permitting of the project. An archaeological and cultural resources study is a requirement of the SRFB grant. Higgins MOVED to recommend Council authorize the Mayor to sign a contract with Historical Research Associates, Inc. (HRA) in an amount not to exceed $10,059.00 for archaeological studies, establish a budget for the funds to be spent within the Mill Creek Confluence/Green River Restoration Design project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0, with Raplee's concurrence. Item 7 — Amendment No. 1/HRA, Inc. — Horseshoe Bend Levee Cultural Resources Study: Design Engineering Supervisor, Mark Madfai stated that in order to construct the levee improvements required at Horseshoe Bend for levee certification, the City must complete a cultural and archaeological resources study and is a requirement of all state funded construction projects. The amendment would allow City staff to capitalize on the work already completed by HRA for the rest of the levee. The cost of this contract is covered under the $10 million grant. The project cannot be completed without this study. Higgins MOVED to recommend Council authorize the Mayor to sign the consultant services agreement with Historical Research Associates, Inc. to prepare a cultural resources study for the Horseshoe Bend Levees in an amount not to exceed $15,911.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0, with Raplee's concurrence. Item 8— Smith & Lincoln Sidewalk Improvements: Design Engineering Manager, Mark Howlett stated he was at the meeting in response to the March 15, 2011 Council motion that sent this item back to the Public Works Committee for further consideration. He gave an informative PowerPoint presentation providing information on the following: • Financial Impacts of Eliminating the Signal • Project Cost Reduction • Parking Agreement with King county • Further Documentation Harmon requested that staff (Administration) address the long term parking vision and what the financial obligation to the City will be. He would like a big picture presented to Council. Construction bids for this project will be out in June of 2011. Page 3 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, March 21, 2011 Higgins MOVED to recommend Council authorize the Mayor to direct Public Works Department staff to bid the Smith Street and Lincoln Avenue Sidewalk Improvements project and return to Council for bid acceptance and project approval. The motion was SECONDED by Harmon and PASSED 3-0, with Raplee's concurrence. Additional Item: Mention was made about the sidewalk priority list; Higgins asked that it be brought back to committee from time to time. Harmon asked that informational notices be sent out to the businesses along 761h Avenue. Bieren noted that informational flyers are almost ready. The meeting was adjourned at 5:23 p.m. Cheryl Viseth, Public Works Secretary Page 4 of 4 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION