HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/17/2011 CITY OF KENT
City Council Meeting
Agenda
May 17, 2011
Mayor Suzette Cooke
��� Jamie Perry,Council President
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C®uncilmembers
Elizabeth Albertson
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Ron Harmon
Dennis Higgins
Deborah Ranniger
Debbie Raplee
Les-1homas crry CLERK
KENT CITY COUNCIL AGENDAS
KENT May 17, 2011
�A Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President
Elizabeth Albertson Ron Harmon Dennis Higgins
Deborah Ranniger Debbie Raplee Les Thomas
**********************************************************************
COUNCIL WORKSHOP AGENDA
5:00 P.M.
Item Description Speaker Time
1. Intergovernmental Issues Michelle Witham 10 minutes
2. 2012 Budget Kick-off Jamie Perry & 50 minutes
John Hodgson
**********************************************************************
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. Introduction of Appointee
D. Lake Meridian Village Townhomes Neighborhood Council Recognition
E. Police Department Swearing In Ceremony
5. PUBLIC HEARINGS
None
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meeting and Workshop — Approve
B. Payment of Bills — Approve
C. Arts Commission Appointment — Confirm
D. Olympic Pipe Line Company Franchise Ordinance — Introduction
(Continued)
COUNCIL MEETING AGENDA CONTINUED
E. Collection Agency Services Agreement — Authorize
F. S. 2281h Street Improvements, Materials Testing Contract — Authorize
G. S. 2281h Street Improvements, Drainage District No. 1 Agreement —
Authorize
H. Certification Analysis Contract — Authorize
I. Central Avenue S. Sidewalk Replacement & Storm Water Force Main
Right of Way Dedication — Authorize
J. Lake Meridian Village Townhomes Neighborhood Council Resolution —
Adopt
K. Interlocal Agreement, Permitting for Tukwila South Mitigation Site —
Authorize
L. SR 516 & 4ch Avenue Improvements Project — Accept as Complete
8. OTHER BUSINESS
A. Final Assessment Roll, Local Improvement District No. 362 (East Valley
Highway), Ordinance (Quasi-Judicial)
9. BIDS
A. S. 2281h Street Improvements
B. Horseshoe Bend Levee Improvements
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office and the Kent Regional Library. The Agenda Summary page and
complete packet are on the City of Kent web site at www.choosekent.com
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP
1) Intergovernmental Issues
2) 2012 Budget Kick-off
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) From Council, Administration, or Staff
B) From the Public
PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
C) Introduction of Appointee
D) Lake Meridian Village Townhomes Neighborhood Council
Recognition
E) Police Department Swearing In Ceremony
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 L.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular Council meeting of May 3,
2011, and special workshop of May 10, 2011.
7B. Approval of Bills.
Approval of payment of the bills received through March 31 and paid on
March 31 after auditing by the Operations Committee on May 3, 2011.
Approval of checks issued for vouchers:
Date Check Numbers Amount
3/31/11 Wire Transfers 4548-4566 $2,810,381.12
3/31/11 Regular Checks 651849-652490 3,780,738.63
Use Tax Payable 285.20
$6,591,404.95
Approval of payment of the bills received through April 15 and paid on April 15
after auditing by the Operations Committee on May 3, 2011.
Approval of checks issued for vouchers:
Date Check Numbers Amount
4/15/11 Wire Transfers 4567-4587 $1,492,543.53
4/15/11 Regular Checks 651429-651848 2,542,016.78
Void Checks 652840 (50,641.16)
4/15/11 Use Tax Payable 2,736.28
$3,986,655.43
Approval of checks issued for payroll for April 1 through April 15 and paid on
April 20, 2011:
Date Check Numbers Amount
4/6/11 Voids & Reissues 322527 $ 0.00
4/20/11 Checks 322528-322753 148,196.41
4/20/11 Advices 281807-282442 1,213,943.23
$1,362,139.64
Kent City Council Meeting
KENT May 3, 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, Higgins, Perry, Ranniger,
and Thomas. Councilmember Raplee was excused from the meeting. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) CAO Hodgson stated that
there is no need for an Executive Session, and it was removed from the agenda.
B. From the Public. (CFN-198) No changes were made
PUBLIC COMMUNICATIONS
A. Public Recoanition. (CFN-198) There was no public recognition.
B. Community Events. (CFN-198) Ranniger announced the upcoming Youth Boys
Baseball Jamboree, the Youth Girls Fastpitch Jamboree, and the 481h Annual Junior
Olympics.
CONSENT CALENDAR
Perry moved to approve Consent Calendar Items A through N. Thomas seconded and
the motion carried.
A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of
April 19, 2011, were approved.
B. Approval of Bills. (CFN-104) Bills were not available for approval.
C. Excused Absence for Councilmember RaDlee. (CFN-198) An excused absence
from the May 3, 2011, meeting for Councilmember Raplee was approved.
D. The Vineyard Final Plat. (CFN-1272) The final plat mylar for The Vineyards was
approved and the Mayor was authorized to sign the mylar.
E. Grant Aareement with Kina Conservation District, Green Kent Initiative.
(CFN-118) The King Conservation District grant in the amount of $50,000 was
accepted, the Mayor was authorized to sign all necessary documents, amend the
Adopt-a-Park budget and expend the funds in accordance with the grant's terms.
F. Grant Agreement with Department of Natural Resources, Green Kent
Initiative. (CFN-118) The grant from the Washington Department of Natural
Resources in the amount of $9,984 was accepted, amendment of the budget and
expenditure of the funds in accordance with the grant terms was authorized.
G. Sublease Aareement with Aauatic Manaaement Group, Kent Pool.
(CFN-118) The Mayor was authorized to sign the Kent Pool Sublease Agreement with
Aquatic Management Group, subject to final terms and conditions acceptable to the
Parks Director and City Attorney.
1
Kent City Council Minutes May 3, 2011
H. Lease Extension Agreement with Kent School District, Kent Pool. (CFN-118)
The Mayor was authorized to sign the Kent Pool Lease Extension Agreement with the
Kent School District, pending Kent School Board approval, and subject to final terms
and conditions acceptable to the Parks Director and City Attorney.
I. Contract with G.B. McCaughan &Associates, Horseshoe Bend Levee.
(CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with
G.B. McCaughan &Associates for right-of-way acquisition for the Horseshoe Bend
Levee Improvements in an amount not to exceed $18,900, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
J. Contract with Pace Enaineerina, Foster Park Pump Station. (CFN-1318) The
Mayor was authorized to sign a Consultant Services Agreement with Pace Engineers,
Inc. to provide design services for the Foster Park Pump Station in an amount not to
exceed $60,378, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
K. Contract with Northwest Hydraulic Consultants, Green River Levee.
(CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with
Northwest Hydraulics, Inc. to provide risk based analysis of the Green River in an
amount not to exceed $8,668, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
L. Contract with Northwest Hydraulic Consultants, Horseshoe Bend Levee.
(CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with
Northwest Hydraulics Consultants Inc., to perform an interior drainage analysis of the
Horseshoe Bend Levee in an amount not to exceed $14,252, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
M. Horseshoe Bend-Foster Park Levee. (CFN-1318) The Horseshoe Bend-Foster
Park Levee was accepted as complete and release of retainage to Lloyd Enterprises,
Inc., upon standard releases from the state and release of any liens was authorized.
The original contract award was $422,898.18. The final amount was $395,697.52.
N. SE 104th Avenue/Benson Road/SE 108th Avenue/SR 515 Speed Study
Resolution. (CFN-171) Resolution No. 1844 amending the speed limit along portions
of 1041h Avenue Southeast/Benson Road/S.E. 1081h Avenue/SR 515 was adopted.
BIDS
A. Lake Meridian Playground Safety Surface. (CFN-118) Parks Director Watling
explained the project and noted that the apparent low bid was submitted by
SpectraTurf. He explained the product and said it will ensure a safe landing for chil-
dren playing on the equipment and will be accessible to mobility-impaired residents.
He clarified that Parks staff recommends award of the bid, explained funding for the
project, and said it should be complete by mid-June. Ranniger moved to authorize the
Mayor to accept the bid and enter into an agreement with SpectraTurf in the amount
of $63,243.20, plus Washington State Sales Tax, to complete the Lake Meridian
Playground Safety Surface project. Albertson seconded and the motion carried.
2
Kent City Council Minutes May 3, 2011
REPORTS
A. Council President. (CFN-198) Perry announced that a workshop will be held on
May loth, the subject of which will be the Council's 2011 Vision/Strategic Plan.
B. Mayor. (CFN-198) No report was given.
C. Administration. (CFN-198) Hodgson commended staff member Tammy White
who was sworn in as an attorney today, and Police Chief Ken Thomas who recently
completed the Vancouver B.C. Marathon in 4 hours and 10 minutes.
D. Economic & Community Development Committee. (CFN-198) No report was
given.
E. Operations Committee. (CFN-198) No report was given.
F. Parks and Human Services Committee. (CFN-198) Ranniger announced that
the RFP for the Resource Center will be re-issued.
G. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will
be on May loth at 5:00 p.m.
H. Public Works Committee. (CFN-198) No report was given.
I. Regional Fire Authority. (CFN-198) Thomas noted that they have met with the
City of Tukwila and that progress is being made.
ADJOURNMENT
The meeting adjourned at 7:16 p.m. (CFN-198)
Brenda Jacober, CIVIC
City Clerk
3
KEOT
i4N1Nryf Kent City Council
Workshop
May 3, 2011
Councilmembers Present: Albertson, Harmon, Higgins, Perry, Ranniger, and
Thomas
The meeting was called to order at 5:35 p.m. by Council President Perry.
Legislative Update. Witham reported on the status of the City's top priority
issues and answered questions on specific issues.
Intergovernmental Issues. Mayor Cooke and Councilmembers reported on
various regional meetings they have recently attended.
2011 Vision/Strategic Plan. CAO Hodgson explained the process used to
develop the Plan from the information received at the Council retreat. Perry
stated that the next step is to hold a special workshop on May 10, at which they
will select the initiatives to fund. She said this will result in a 2-year work plan
including measures, which will then be assigned to committees and reviewed in
a year.
The meeting adjourned at 6:50 p.m.
Brenda Jacober, CIVIC
City Clerk
ECEIJT
I"I'I.'°" Kent City Council
Special Workshop
May 10, 2011
Councilmembers Present: Albertson, Harmon, Higgins, Perry, Ranniger, Raplee
and Thomas
The special meeting was called to order at 5:35 p.m. by Council President Perry.
2011 Vision/Strategic Plan. Facilitator Bonnie Boyle explained that tonight's
goal is to create a two-year work plan by determining which projects should be
included in the plan and built into the 2012-13 budget.
Each of the five strategic goals were then discussed by staff and Council.
Finance Director Nachlinger explained the goal to "Develop and Implement a
Sustainable Funding Model". Boyle made clarifications as to format. It was
noted that this strategic goal does not impact the budget.
Economic & Community Development Director Ben Wolters outlined the "Create
Neighborhood Urban Centers" goal, along with Planning Services Director
Satterstrom, and Economic Development Manager Kurt Hanson.
Parks and Community Services Director Watling led a discussion of the goal to
"Create Connections for People and Places", along with Public Works Director
LaPorte, Information Technology Director Carrington, and Community and Public
Affairs Manager Witham.
A review of the strategic goal to "Foster Inclusiveness' was led by Employee
Services Director Viseth, along with Watling and Witham.
The last strategic goal, to "Beautify Kent", was explained by Watling, LaPorte
and Satterstrom.
Boyle stated that the next step is to make the changes and additions to the plan
which were suggested during the discussions. Hodgson noted that the revised
plan will be provided to Councilmembers prior to the workshop on May 17.
The meeting adjourned at 8:50 p.m.
Brenda Jacober, CMC
City Clerk
KENT Agenda Item: Consent Calendar — 7C
TO: City Council
DATE: May 17, 2011
SUBJECT: Arts Commission Appointment — Confirm
MOTION: Confirmation of the Mayor's appointment of Tonya Goodwillie to
the Kent Arts Commission and her term will expire October 2012.
SUMMARY: Tonya Goodwillie is an accomplished dancer, instructor, and
choreographer. She currently owns Allegro Dance Studio on Central Avenue and is
actively involved in many community events including the upcoming "So You Think
Kent has Talent" that will take place in June.
Tonya is very impressive and has a lot of initiative and energy that she can lend to the
Arts Commission.
EXHIBITS: None
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
KENT Agenda Item: Consent Calendar — 7D
TO: City Council
DATE: May 17, 2011
SUBJECT: Olympic Pipe Line Company Franchise Ordinance —
Introduction
MOTION: Introduction of Olympic Pipe Line nonexclusive franchise
ordinance without passage.
SUMMARY: On May 2, 1991, the City of Kent granted Olympic Pipe Line
Company a ten-year franchise to maintain, operate, replace, and repair an existing
pipeline, for the transportation, storage, and handling of oil and any by-product, in,
across, under, through and below certain designated public right-of-ways and public
properties within the city of Kent. That franchise has expired and the City has
negotiated another nonexclusive franchise.
State law requires that a franchise cannot be passed on the same day it is introduced.
Therefore, it is before Council now for introduction, and will be presented again on
June 71h for adoption.
EXHIBITS: Ordinance
RECOMMENDED BY: Operations Committee
BUDGET IMPACTS: Upon passage, additional revenue due to current negotiated
franchise
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, granting Olympic Pipe Line
Company, an interstate pipeline corporation
incorporated in the State of Delaware, a nonexclusive
franchise to construct, operate, maintain, remove,
replace, and repair existing pipeline facilities, together
with equipment and appurtenances thereto, for the
transportation of petroleum products within and
through the franchise area of the City of Kent.
RECITALS
A. Olympic Pipe Line Company ("Company") has applied for a
nonexclusive franchise to construct, operate and maintain an existing
petroleum pipeline through certain public rights of way and property within
the City of Kent ("City"); and,
B. RCW 35A.47.040 authorizes the City to grant nonexclusive
franchises for the use of public streets and other public ways under
conditions set by ordinance; and
C. The City Council finds that it is in the public interest to specify
the rights and duties of Company through a franchise.
1 Olympic Pipeline
Franchise
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, -Definitions. For the purposes of this Franchise and
all exhibits attached hereto, the following terms, phrases, words and their
derivations will have the meaning given herein. When not inconsistent
with the context, words used in the present tense include the future,
words in the plural include the singular, and words in the singular include
the plural. Words not defined will be given their common and ordinary
meaning.
1.1. Construct or Construction means removing, replacing, and
repairing existing pipeline(s) or Facilities and may include, but is not
limited to, digging or excavating for the purposes of removing, replacing,
and repairing existing pipeline(s) or Facilities.
1.2. Effective Date means the date designated herein, after passage,
approval and legal publication of this Ordinance and acceptance by
Company, upon which the rights, duties and obligations will come in effect
and the date from which the time requirement for any notice, extension or
renewal will be measured.
1.3. Emergency means an unforeseen event or set of circumstances
which demands immediate action to preserve or protect public health, life
or property.
2 Olympic Pipeline
Franchise
1.4. Emergency Management Laws include any applicable federal, state
or local rules and regulations relating to emergency mitigation,
preparedness, response, and recovery which may include Homeland
Security Presidential Directive (HSPD) — 5 establishing the National
Incident Management System ("NIMS"), the Revised Code of Washington
("RCW") Chapter 38.52, and the Washington Administrative Code ("WAC)
Chapter 118-30. Also included are WAC Chapter 118-40 Hazardous
Chemical Emergency Response Planning and Community Right to Know
Reporting and RCW 70.136 Hazardous Materials Incidents.
1.5. Environmental Laws include the Resource Conservation and
Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C. §
9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §
1801 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1257 et
seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances
Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide,
and Rodenticide Act, 7 U.S.C. § 136 et seq.; the Occupational Safety and
Health Act, 29 U.S.C. § 651 et seq.; the Washington Hazardous Waste
Management Act, Chapter 70.105 RCW; and the Washington Model Toxics
Control Act, Chapter 70.105D RCW all as amended from time to time; and
any other valid and applicable federal, state, or local statute, code, or
ordinance or valid and applicable federal or state administrative rule,
regulation, ordinance, order, decree, or other valid and applicable
governmental authority as now or at any time hereafter in effect
pertaining to the protection of human health or the environment.
1.6. Facilities means the Company's pipeline system, lines, valves,
mains, and appurtenances used to transport or distribute the Company's
Petroleum Product(s), existing as of the date of this Franchise or as those
3 Olympic Pipeline
Franchise
components may be modified or improved consistent with the terms of
this Franchise.
1.7. Franchise means his Franchise and any amendments, exhibits, or
appendices to this Franchise.
1.8. Franchise Area includes the following:
STREET WIDTH APPROX. DISTANCE/LOCATION
Across S. 228th St. 60 feet 1750' E/CL 68th Ave. S.
Across S. 212th St. 60 feet 1750' E/Cl 68th Ave. S.
Across S. Smith St. 60 feet 1775' E/CL 68th Ave. S.
Across W. Meeker St. 60 feet 1775' E/CL 68th Ave. S.
Across W. Willis St. 60 feet 750' W/CL 5th Ave.
Across S. 259th St. 60 feet 1275' W/CL 3rd Ave.
Across S. 262nd St. 60 feet 2150' E/CL West Valley Hwy.
Across W. James St. 66 feet 1775' E/WL Section 13, T 22 N,
R 4 E, W.M.
and any Right of Way, Public Way, Other Way or designated Public
Property within the jurisdictional boundaries of the City where the
Facilities may be located, including any areas annexed by the City (but
excluding properties annexed upon which the Company holds a private
easement, license, or other property interest for its Facilities) during the
term of this Franchise, in which case the annexed area will become subject
to the terms of this Franchise.
1.9. Hazardous Substance means any hazardous, toxic, or dangerous
substance, material, waste, pollutant, or contaminant, including all
substances designated under the Resource Conservation and Recovery
Act, 42 U.S.C. § 6901 et seq.; the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; the
Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the
Federal Water Pollution Control Act, 33 U.S.C. § 1257 et seq.; the Clean
4 Olympic Pipeline
Franchise
Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances Control Act, 15
U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide Act,
7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management
Act, Chapter 70.105 RCW; and the Washington Model Toxics Control Act,
Chapter 70.105D, RCW; all as amended from time to time; and any other
federal, state, or local statute, code or ordinance or lawful rule, regulation,
order, decree, or other governmental authority as now or at any time
hereafter in effect. The term will specifically include Petroleum and
Petroleum Products. The term will also be interpreted to include any
substance which, after release into the environment, will or may
reasonably be anticipated to cause death, disease, behavior abnormalities,
cancer, or genetic abnormalities.
1.10. Improve or Improvements means modifications to, but not a
change in the basic nature, size or location of, the existing pipeline(s) or
Facilities, as required or necessary for safe operation.
1.11. Maintenance or Maintain means examining, testing, inspecting,
repairing, and replacing the existing pipeline(s) or Facilities or any part
thereof as required or necessary for safe operation.
1.12. Petroleum or Petroleum Products includes, but are not limited to
motor gasoline, diesel fuel, and aviation jet fuel, and will exclude natural
gas.
1.13. Pipeline Corridor means the pipeline pathway through the
jurisdictional boundaries of the City in which the pipeline(s) or Facilities of
the Company are located, including any Rights-of-Way, Public Property,
Public Ways, Other Ways, or easements over and through private
property.
5 Olympic Pipeline
Franchise
1.14. Pipeline Operation and Safety Laws include any valid and applicable
federal, state or local rules and regulations relating to the operations,
management, maintenance, damage prevention, public education,
emergency planning and response or other activities relating to hazardous
liquid pipelines, which includes the Federal Pipeline Safety Act, 49 U.S.C.
60101 et seq. and the Pipeline Safety Code of Federal Regulations, 40 CFR
Parts 186-199, all as amended from time to time and any other valid and
applicable federal, state or local law.
1.15. Public Improvement means any installation, construction,
modification, relocation, maintenance, testing, or repair within the
Franchise Area done by the City or on its behalf.
1.16. Public Ways means any highway, street, alley, utility easement
(unless their use is otherwise restricted for other users), or other public
Rights-of-way for motor vehicle or other use under the jurisdiction and
control of the City.
1.17. Public Properties means the present or future property owned or
leased by the City within the present or future corporate limits, or
jurisdictional boundaries of the City.
1.18. Operate or Operations means the use of the Company's pipeline(s)
or Facilities for the transportation, distribution and handling of Petroleum
or Petroleum Products within and through the Franchise Area.
1.19. Other Ways means the highways, streets, alleys, utility easements or
other Rights-of-Way within the City as encompassed by RCW 47.24.020 and
47.52.090.
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1.20. Riahts-of-Way means the surface and the space above and below
and appurtenant to streets, roadways, highways, avenues, courts, lanes,
alleys, sidewalks, easements, and similar Public Property, Public Ways or
Other Ways and areas located within the Franchise Area.
SECTION 2, - Purpose. The City grants this nonexclusive Franchise
to Company to construct, operate and maintain its existing Facilities as a
liquid Petroleum Product delivery system for Company's business. This
Franchise is granted subject to the police powers, land use authority and
franchise authority of the City and is conditioned upon the terms and
conditions contained herein and Company's compliance with any applicable
federal, state or local regulatory programs that currently exist or may
hereafter be enacted by any federal, state or local regulatory agencies
with jurisdiction over the Company. The purpose of this Franchise is to
delineate the conditions relating to Company's use of the Franchise Area
and to create a foundation for the parties to work cooperatively in the
public's best interests after this Ordinance becomes effective. By granting
this Franchise, the City is not assuming any risks or liabilities therefrom,
which will be solely and separately borne by Company.
Furthermore, this Franchise is granted upon the express condition
that it will not in any manner prevent the City from granting other or
further franchises in, under, on, across, over, through, along or below the
Franchise Area. This and other franchises will, in no way, prevent or
prohibit the City from using any of its Rights-of-Ways, Public Property,
Public Ways, and Other Ways or affect its jurisdiction over them or any
part of them, and the City hereby retains full power to make all changes,
relocations, repairs, maintenance, establishments, improvements,
dedications or vacations of same as the City may seem fit, including the
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dedication, establishment, maintenance and improvement of all new
Rights-of-Way, streets, avenues, thoroughfares, and Public Ways, or Other
Ways.
SECTION 3, - Rights Conveyed.
3.1. Pursuant to the laws of the State of Washington including, but not
limited to, RCW 35A.47.040, the City hereby grants, under the terms and
conditions contained herein, to Company, a corporation organized and
existing under and by virtue of the laws of the State of Delaware, and
which is authorized to transact business within the State of Washington,
the right, privilege, authority and Franchise to Construct, Operate,
Maintain and Improve its existing Facilities, together with all equipment
and appurtenances as may be necessary thereto, for the transportation
and handling of any Petroleum or Petroleum Products, within the existing
Pipeline Corridor passing through the Franchise Area.
3.2. This Franchise is only intended to convey a limited right and interest
as to that Public Rights-of-Way, Public Property, Public Ways and Other
Ways in which the City has an actual interest. It is not a warranty of title
or interest in the City's Rights-of Way, Public Property, Public Ways and
Other Ways. None of the rights granted herein will affect the City's
jurisdiction over its property, streets or rights of way.
3.3. The limited rights and privileges granted under this Franchise will
not convey any right to Company to install any new pipeline(s) or Facilities
that change the basic nature, size or location of the Facilities without an
amendment to this Franchise Ordinance.
3.4. The Company acknowledges and warrants by acceptance of the
rights and privileges granted herein, that it has carefully read and fully
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comprehends the terms and conditions of this Franchise and is willing to
and does accept all reasonable risks of the meaning of the provisions,
terms and conditions herein. The Company further acknowledges and
states that it has fully studied and considered the requirements and
provisions of this Franchise, and believes that the same are consistent
with all local, state and federal laws and regulations currently in effect,
including the Federal Pipeline Safety Act (49 U.S.C. 60101 et seq.) and the
Pipeline Safety Code of Federal Regulations (49 CFR Parts 186-199). If in
the future the Company becomes aware that a provision of this Franchise
may be unlawful or invalid, it will not use such potential invalidity to
unilaterally ignore or avoid such provision. Instead, the Company will
promptly advise the City of the potential invalidity or illegality, and the
parties will meet within thirty (30) days and endeavor jointly to cure the
invalidity or illegality.
SECTION 4. - Term.
4.1. Each of the provisions of this Franchise will become effective upon
Company's acceptance of the terms and conditions of this Franchise and
will remain in effect for ten (10) years thereafter. Within one year of the
end of the ten (10)-year term, either party may request an extension for a
period of one (1) additional year.
4.2. If the parties fail to formally renew the Franchise prior to the
expiration of its term, the City may extend this Franchise on a year-to-
year basis (or such term as the parties may mutually agree) until the City
may grant a renewed Franchise. Extensions will not be automatic, but
must be granted in writing by the City.
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SECTION 5, - Assignment and Transfer of Franchise.
5.1. This Franchise will not be sold, assigned, transferred, leased or
disposed of, either in whole or in part, nor will title thereto, either legal or
equitable, pass to or vest in any person or entity without the prior written
consent of the City Council, acting by ordinance or resolution, which
consent will not be unreasonably withheld. Such consent will not be
deemed to waive any rights of the City to subsequently enforce non-
compliance issues relating to this Franchise that existed at or before the
time of the City's consent.
5.2. If such consent is given by the City then the Company will, within
thirty (30) days, file with the City a written instrument evidencing such
sale, assignment or transfer of ownership, whereby the assignee(s) or
transferee(s) will agree to accept and be bound by all of the provisions of
this Franchise.
SECTION 6. - Compliance with Laws and Standards. Company will,
in carrying out any activities under the privileges granted herein, comply
with all valid and applicable local, state and federal laws, as amended from
time to time; including, but not limited to, Pipeline Operation and Safety
Laws, Emergency Management, Environmental and Hazardous Substance
Laws, and any laws, regulations or orders that may be subsequently
enacted by any governmental entity with jurisdiction over Company or the
Facilities.
SECTION 7. - Construction on or within Rights-of Way, Public
Properties, Public Wad and Other Ways.
7.1. This Section 7 will apply to all Construction, Improvements or
Maintenance done by Company or its agents within the City.
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7.2. Except in the event of an Emergency, Company will first obtain
applicable permits from the City to perform Construction, Improvements
or Maintenance work on Company's Facilities within the City. The permit
application will contain detailed plans and specifications ("Plans") showing
the position, depth and location of all such Facilities in relation to City
Rights-of-Ways, Public Property, Public Ways, and Other Ways, or other
City property, and specifying the class and type of material and equipment
to be used, manner of excavation, construction, installation, backfill,
erection of temporary structures and facilities, erection of permanent
structures and facilities, traffic control, traffic turnouts and road
obstructions, and all other necessary information. The Company will file
as-built plans and maps showing the final location of the Facilities. Such
work will only commence upon the issuance of applicable permits, and
payment of the associated fees, which permits will not be unreasonably
withheld or delayed after submission of a complete application. Once a
permit is issued, except in the event of an Emergency, the Company will
provide the City with at least seventy two (72) hours written notice prior
to any construction or maintenance on the Company Facilities within the
Franchise Area. Company will restore the Franchise Area as nearly as
possible to the condition that existed immediately prior to the Company's
Construction, Improvement or Maintenance work.
7.3. In the event of an Emergency requiring immediate action by
Company for the protection of the pipeline(s) or Facilities, or preservation
or protection of public property, the environment or the property, life,
health or safety of any individual, the Company may take action
immediately to correct the dangerous condition pursuant to Section 11
without first obtaining any required permit so long as: (1) the Company
notifies the City Fire Department of the Emergency, including the nature,
location and extent of the Emergency through the City's designated
dispatch system (i.e. 911), including any additional information required
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by the City's or Company's emergency response plans or Emergency
Management Laws and (2) the Company informs the City's designated
permitting authority of the nature, location, and extent of the Emergency,
and the work to be performed, prior to commencing the work if such
notification is practical, or where such prior notification is not practical, the
next business day; and (3) such permit is obtained by the Company as
soon as practicable.
7.4. Before undertaking any of the work, installation, improvements,
construction, repair, relocation, or maintenance authorized by this
Franchise, as a condition precedent to the issuance of any permits by the
City, the Company will, upon the request of the City, furnish a bond
executed by the Company and a corporate surety authorized to operate a
surety business in the State of Washington, in such sum as may be set
and approved by the City as sufficient to ensure performance of the
Company's obligations under this Franchise and the permit. The bond will
be conditioned so that the Company will observe all the covenants, terms
and conditions and will faithfully perform all of the obligations of this
Franchise and the permit, and to repair or replace any defective work,
materials or Facilities, if required, discovered in the Franchise Area.
7.5. All work done hereunder by Company or upon Company's direction
or on Company's behalf will be undertaken and completed in a
workmanlike manner and in accordance with the Plans and approved
permit. The Company's activities will be conducted in such a manner as to
avoid damage or interference with other utilities, drains or other
structures, and not unreasonably interfere with public travel, park uses or
other municipal uses, and the free use of adjoining property and so as to
provide safety for persons and property. The Company's Construction or
Maintenance will be in compliance with all valid and applicable laws and
regulations and specifications of governmental agencies with jurisdiction.
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7.6. If the Company, its agents or employees or the Facilities of the
Company cause any damage to the Franchise Area during the work
described in this Section, the Company agrees to promptly repair the
damage at its own cost and expense. The Company will, upon discovery
of any such damage, immediately notify the City. The City will inspect the
damage, and set a time limit for the Company to complete the repair. If
the City discovers any such damage caused by the Company or its
Facilities, the City will give the Company notice of the damage and set a
time limit for the Company to complete the repair. In the event the
Company does not make the repair as required in this section, the City
may repair the damage at the Company's sole expense and invoice the
Company for all reasonable costs incurred by the City.
7.7. The Company will place and maintain line markers pursuant to
federal regulations within and along the Pipeline Corridor. Additionally,
Company agrees to continue its voluntary practice of placing continuous
markers underground, when and where appropriate, indicating the
pipeline's location each time Company digs to the pipeline, or such other
"industry best practices' as may from time to time be developed as a
method of alerting excavators of the presence of the pipeline.
7.8. The Company will continuously be a member of the State of
Washington One-number locator service (RCW 19.122), or approved
equivalent, and will comply with all such applicable rules and regulations.
7.9. If the Company applies for a permit within the Franchise area, the
Company will not open cut the Right-of-Way affected by the permit
application if the City has completed an asphalt overlay on such Right-of-
Way during a five (5)-year period immediately prior to the date of a
permit application or such Right-of-Way has a City pavement rating of 70
or higher, unless required by an Emergency or federal or state rule or
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order or otherwise approved by the City. If any such Right-of-Way is open
cut, whether in an Emergency or otherwise, the Company will install or
cause to install a new asphalt overlay in accordance with City Construction
Standards or other specifications for a minimum of one hundred fifty (150)
feet in length in both directions from the open cut at Company's sole
expense. The Company may request that the City install the new asphalt
overlay and invoice the Company for all reasonable costs incurred by the
City, but the City is not required to do so. Company or its agent will
obtain any necessary permits pursuant to Section 7 for any asphalt
overlays required by this Section.
SECTION S. - Abandonment or Removal of Facilities.
8.1. The Company will notify the City of any abandoned Facilities or
permanent cessation of use of any of its Facilities within sixty (60) days
after such abandonment or cessation of use.
8.2. In the event of abandonment or Company's permanent cessation of
use of its Facilities, or any portion thereof within the Franchise Area, the
Company will, within one hundred and eighty days (180) after the
abandonment or permanent cessation of use, at Company's sole cost and
expense, either remove the Facilities or alternatively, with the consent of
the City, which consent will not be unreasonably withheld, the Company
may secure the Facilities in such a manner as to cause them to be as safe
as is reasonably possible, by removing all Petroleum Products, purging
vapors, displacing the contents of the line with an appropriate inert
material and sealing the pipe ends with a suitable end closure, all in
compliance with valid and applicable regulations, and abandon them in
place provided that portions of the Facilities which are above ground will
be removed. Company will obtain any necessary permits pursuant to
Section 7 for any securement or removal of Facilities under this Section.
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8.3. In the event of the removal or securement of all or a portion of the
Facilities, Company will restore the Franchise Area as nearly as possible to
a condition that existed prior to removal or securement of Company's
Facilities. Such property restoration work will be done at Company's sole
cost and expense and to the City's reasonable satisfaction. If Company
fails to remove or secure the Facilities and fails to restore the premises or
take such other mutually agreed upon action, the City may, after
reasonable notice to Company, remove the Facilities, restore the premises
or take such other action as is reasonably necessary at Company's sole
expense and invoice the Company for all reasonable costs incurred by the
City which costs shall be paid within thirty (30) days of invoice. This
remedy will not be deemed to be exclusive and will not prevent the City
from seeking a judicial order directing that the Facilities be removed or
properly abandoned in place.
8.4. If the Company abandons the Facilities in place, it will retain the
obligation to remove, alter, relocate or re-secure such Facilities in the
future at Company's sole expense in the event it is reasonably
determined, in the sole discretion of the City, that removal, alteration,
relocation or re-securing the Facilities is necessary or advisable for the
health, safety, necessity or convenience of the public. If the Company fails
to remove, alter, relocate or re-secure such Facilities in the future, the
City may, after reasonable notice to Company, cause the Facilities to be
removed, the premises to be restored or take any other action as is
reasonably necessary at Company's sole expense and invoice the
Company for all reasonable costs incurred by the City which costs shall be
paid within thirty (30) days of invoice. In the event the City causes any
work to be done on the Facilities, it will use a contractor or personnel that
are qualified under Company's required Operator Qualification Program.
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8.5. The parties expressly agree that the provisions of this Section 8 will
survive the expiration, revocation or termination of this Franchise.
SECTION 9. - Operations and Maintenance - Inspection and
Testina.
9.1. At City's request, the Company will provide, at its sole cost and
expense, a briefing by qualified testing experts to explain the inspection
results and Franchisee's proposed corrective action(s). Said qualified
testing expert may be an employee or representative of the Company.
9.2. The City will require all excavators that make application and are
subject to a City grading or right-of-way permits working within 100 feet
of the Company's Facilities to notify the Company at least 48 hours prior
to the start of any work and to comply with the requirements of the State
of Washington One-number locator service law (RCW 19.122). If the
Company becomes aware that a third party conducts any excavation or
other significant work that may affect the Facilities, the Company will
conduct such inspections or testing as is necessary to determine that no
direct or indirect damage was done to the Facilities and that the work did
not abnormally load the Company's Facilities or impair the effectiveness of
the Company's cathodic protection system. Upon written request, the
Company will report to the City its inspection and findings. In the event of
damage by a third party, Company will make or cause to make all
necessary or required repairs at no cost to the City unless and to the
extent such third party is an agent or acting on behalf of the City.
SECTION 10. - Excavation Management.
10.1. The Company will maintain a written program to prevent damage to
its Facilities from excavation activities, as required by applicable state and
federal guidelines.
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10.2. The Company and the City will comply with applicable and valid
federal, state and local requirements regarding excavation management,
including the State of Washington One-number locater service (RCW
19.122).
SECTION 11, - Leaks, Spills and Emergency Response.
11.1. The Company warrants that it will maintain and provide to the City
an Emergency Response Plan that is in compliance with the applicable
Pipeline Operation and Safety Laws and Emergency Management Laws or
requirements of local, state and federal agencies with jurisdiction. Upon
written request by either party, the parties agree to meet periodically to
review the Emergency Response Plan and procedures.
The Company's Emergency Response Plan and procedures will
designate the Company's responsible local emergency officials and a direct
24-hour emergency contact number for the control center operator. The
Parties will cooperate throughout the term of this Franchise to keep
emergency contact information up to date and accurate. The Company
will, after being notified of an Emergency, cooperate with the City and
make every effort to respond as soon as possible to protect public
property and the public's health, safety and welfare.
11.2. The Company will cooperate with the City in planning for and
responding to Emergencies involving or affecting Company's Facilities
requiring protection of property, public health and safety. The Company
warrants that it will at all times have available, within King County,
sufficient emergency response personnel, equipment and materials to
immediately and fully respond to any spill, leak, rupture or other release
of Petroleum Products or Hazardous Substances from Company's
pipeline(s) or Facilities and that Company will be solely responsible for all
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reasonably necessary costs incurred by any agency in responding
appropriately to any spill, leak, rupture or other release of Petroleum
Products or Hazardous Substances from Company's pipeline(s) or
Facilities, including, but not limited to, detection and removal of any
contaminants from, earth or water, all remediation costs, equipment
replacement, and staffing costs, except for any spill, leak, or other release
that results from the sole negligence or willful misconduct of the City or its
contractors.
11.3. In the event of an Emergency, the Company will 1) notify the City
Fire Department of the Emergency, including the nature, location and
extent of the Emergency through the City's designated dispatch system
(i.e. 911), including any additional information required by the City's or
Company's Emergency Response Plans or Emergency Management Laws;
2) investigate, respond to and report any leaks, spills, ruptures and other
Emergencies affecting the City as required by applicable federal or state
regulations and Emergency Response Plans; and 3) provide to the City a
copy of any reports related to the investigation and response to any such
Emergency or resulting corrective actions which are required by applicable
federal or state regulations or directed by governmental authorities with
jurisdiction. The Company will notify the City Emergency Manager of the
Emergency at 253-856-4316 as soon as is practicable
SECTION 12. - Required Relocation of Facilities.
12.1. In the event that the City undertakes or approves the construction
of, or changes to the grade or location of, any water, sewer or storm
drainage line, street, sidewalk, or any other Public Improvement Project
and the City determines that the Public Improvement Project reasonably
requires changes to or the relocation of Company's Facilities, then
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Company will make such changes or relocations in a timely manner as
required herein at Company's sole cost, expense and risk.
12.2. The City will provide the Company reasonable written notice of any
Public Improvement Project in the interest of public health, safety,
welfare, necessity or convenience that requires changes to or the
relocation of Company's Facilities. The City will endeavor, where practical,
to provide the Company at least two years prior written notice, or such
additional time as may reasonably be required, of such Public
Improvement Project. However, nothing in this Section will be construed
as to relieve Company of its duty and obligation to relocate its Facilities to
accommodate any Public Improvement Project undertaken by the City
after written notice of any Public Improvement Project.
12.3. The City will further provide the Company with copies of pertinent
portions of the final plans and specifications for such Public Improvement
Project so that the Company may make the required changes to or
relocate its Facilities to accommodate such Public Improvement Project.
The Company will cooperate with the City, upon request, by assisting the
City in locating and marking the Facilities during the design phase,
including providing the horizontal and vertical location of the Company's
Facilities within the Franchise Area related to the proposed Public
Improvement Project by field markings or Facilities location markings on
the City's design drawings.
12.4. The Company may, after receipt of written notice requiring changes
to or relocation of its Facilities under Section 12.2, submit to the City,
within ninety (90) days, written alternatives to such relocation. The City
will evaluate such alternatives and advise the Company in writing if one or
more of the alternatives are suitable to accommodate the Public
Improvement Project that would otherwise necessitate changes to or
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relocation of the Facilities. If so requested by the City, the Company will
submit additional information to assist the City in making such evaluation
including actual field verification of the location(s) of the Company's
underground Facilities within the Public Improvement Project area by
excavating (e.g., pot holing) and restoring the premises to the same
condition, at no expense to the City. The City will give each alternative
proposed by the Company full and fair consideration, but retains sole
discretion to decide whether to utilize its original plan or an alternative
proposed by the Company. If it is determined and agreed upon by the
City and the Company that it is in the mutual best interest of both the City
and the Company to redesign a proposed Public Improvement Project
rather than have the Company relocate its facilities, the Company will be
responsible for the reasonable incremental costs of redesigning the Public
Improvement Project, including, but not limited to, the increased costs of
design, construction or Right-of Way acquisition to avoid relocation of
Company's Facilities.
12.5. If the City requires the Company to relocate any portion of its
Facilities that have already been relocated as required by the City under
this section within five (5) years of the original relocation, the City will
bear the entire cost of the subsequent relocation.
12.6. The Company will not be required to relocate its Facilities at its
expense for the benefit of private developers or third party projects.
However, in the event the City reasonably determines and notifies the
Company that the primary purpose for requiring such changes to or
relocation of the Company's facilities by a third party is to cause or
facilitate the construction of a Public Improvement Project consistent with
the City Capital Investment Plan; Transportation Improvement Program;
or the Transportation Facilities Program, or other similar plan, then the
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Company will change or otherwise relocate its Facilities in accordance with
this Section 12 at Company's sole cost, expense and risk.
12.7. The City will work cooperatively with the Company in determining a
viable and practical route within which the Company may relocate its
facilities, in order to minimize costs while meeting the City's project
timelines and objectives. The City's requirements with regard to the
required changes or relocation (i.e. depth of cover, distance from other
utilities, etc.) must be reasonable and consistent with applicable federal
and state requirements however, nothing in this section will be construed
as to limit the City's police power, land use authority, franchise authority
or the City's authority to regulate the Company's use of the Franchise
Area.
12.8. Company understands that the City desires all relocation work to be
completed prior to issuing bids for the Public Improvement Project and
that relocation of Company's Facilities must be completed prior to the
commencement of the Public Improvement Project to avoid delays in the
project schedule and resulting cost increases. Upon receipt of the City's
reasonable notice and plans and specifications per Sections 12.2 and 12.3,
Company will take all necessary, prudent and prompt measures to
complete relocation of such Facilities at least one hundred eighty (180)
calendar days prior to the scheduled commencement of the Public
Improvement Project. The parties may mutually agree in writing to such
other time for completion of the relocation if the City has provided less
than one (1) year's notice or other unique circumstances exist as long as it
is reasonably prior to the scheduled commencement of the Public
Improvement Project. Company agrees that it will be responsible for any
additional costs from delays to the Public Improvement Project to the
extent such additional costs are caused by unreasonable delays in
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Company's completion of the relocation of its Facilities, unless such delays
by Company are beyond its reasonable control.
12.9. The City will take reasonable steps to cooperate with the Company
on any effort by the Company to apply for and obtain any local, state or
federal funds that may be available for the relocation of the Company's
Facilities provided, however, that the Company's application for any such
funds will not delay the City's Public Improvement Project. To the extent
such funds are made available; the Company may apply funds towards the
costs incurred to relocate the Company's Facilities.
SECTION 13. - Violations Remedies and Termination.
13.1. The Company will be in compliance with the terms of this Franchise
at all times. The City reserves the right to apply any of the following
remedies, alone or in combination, in the event Company violates any
material provision of this Franchise. The remedies provided for in this
Franchise are cumulative and not exclusive; the exercise of one remedy
will not prevent the exercise of another or any rights of the City at law or
equity.
13.2. The City may terminate this Franchise if the Company materially
breaches or otherwise fails to perform, comply with or otherwise observe
any of the terms of this Franchise, and fails to cure or make reasonable
effort to cure such breach within thirty (30) calendar days of receipt of
written notice thereof, or, if not reasonably curable within thirty (30)
calendar days, within such other reasonable period of time as the parties
may agree upon.
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13.3. Either party may invoke the Dispute Resolution clause contained in
Section 14 of this Franchise as it deems necessary with regard to
termination.
13.4. If the Company's right to operate its Facilities within the Franchise
Area is ultimately terminated, the Company will comply with the terms of
this Franchise regarding removal or abandonment of the Facilities and
restoration of the premises, and with all directives of applicable federal,
state or local agencies with jurisdiction.
13.5. In the event the Company fails to comply with any terms or
conditions of this Franchise and such noncompliance continues for a period
of more than thirty (30) days after Company receives written notice from
the City regarding such noncompliance, the City may, but is not obligated
to, complete or cause to complete any obligation of the Company under
this Franchise including the work, repair, removal or relocation of
Company's Facilities or restoration of City's Franchise Area at the
Company's sole expense. The Company will immediately reimburse City
for its reasonable costs and expenses incurred due to Company's
noncompliance, which may include reasonable overhead expenses and
attorneys' fees. In the event the City causes any work to be done on the
Facilities, it will use a contractor or personnel that is qualified under
Company's required Operator Qualification Program.
SECTION 14. - Dispute Resolution.
14.1. In the event of a dispute between the City and the Company arising
by reason of this Franchise, or any obligation hereunder, the dispute will
first be referred to the representatives designated by the City and the
Company to have oversight over the administration of this Franchise. Said
officers or representatives will meet within thirty (30) calendar days of
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either party's request for said meeting, and the parties will make a good
faith effort to attempt to achieve a resolution of the dispute.
14.2. In the event that the parties are unable to resolve the dispute under
the procedure set forth in Section 14.1, then the parties hereby agree that
the matter will be referred to mediation. The parties will endeavor to
select a mediator acceptable to both sides. If the parties cannot reach
agreement, then each party will secure the services of a mediator at its
own expense, who will in turn work together to mutually agree upon a
third mediator to assist the parties in resolving their differences, whose
expense will be shared equally by the parties. Any other reasonable
expenses incidental to mediation will be borne equally by the parties.
14.3. If either party is dissatisfied with the outcome of the mediation, that
party may then pursue any available judicial remedies. Each party will be
responsible for its own costs and attorneys' fees. Venue and jurisdiction
shall be in the Superior Court for King County Washington.
Determinations of the court shall be made pursuant to the laws of the
State of Washington without regard to conflicts of law provisions.
14.4. Subject to state and federal regulation, the Company will be
permitted to continuously operate its Facilities during dispute resolution.
SECTION 15. - Indemnification.
15.1. General Indemnification. Except for environmental matters, which
are covered by a separate indemnification in Section 15.2 below, the
Company will indemnify, defend and hold harmless the City, it agents,
officers or employees, from any and all liability, loss, damage, cost,
expense, and any claim whatsoever, including reasonable attorneys' and
experts' fees incurred by the City in defense thereof, whether at law or in
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equity, arising out of or related to, directly or indirectly, the construction,
operation, use, location, testing, repair, maintenance, removal,
abandonment or damage to the Company's Facilities, or from the
existence of the Company's pipeline and other appurtenant facilities, and
of the products contained in, transferred through, released or escaped
from said pipeline and appurtenant facilities, from any and all causes
whatsoever, except the City's sole negligence and except to the extent it is
caused by the City's non-compliance with Section 10.2, above (One-
number locator service requirements). If any action or proceeding is
brought against the City by reason of the pipeline or its appurtenant
facilities, the Company will defend the City at the Company's complete
expense, provided that, for uninsured actions or proceedings, defense
attorneys will be approved by the City, which approval will not be
unreasonably withheld.
It is further specifically and expressly understood that the indemnification
provided herein constitutes the Company's waiver of immunity under Title
51 RCW, solely for the purposes of this indemnification. This waiver has
been mutually negotiated by the parties.
15.2 Environmental Indemnification. The Company will indemnify, defend
and hold harmless the City, it agents, officers or employees, from and
against any and all liability, loss, damage, expense, actions and claims
either at law or in equity, including, but not limited to, costs and
reasonable attorneys' and experts' fees incurred by the City in defense
thereof, arising from (a) Company's violation of any Environmental or
Hazardous Substance laws applicable to the Facilities or (b) from any
release of a hazardous substance on or from the Facilities except to the
extent it is caused by City's noncompliance with Section 10.2 above (One-
number locator service requirements). This indemnity includes, but is not
limited to, (a) liability for a governmental agency's costs of removal or
25 Olympic Pipeline
Franchise
remedial action for hazardous substances; (b) damages to natural
resources caused by hazardous substances, including the reasonable costs
of assessing such damages; (c) liability for any other person's costs of
responding to hazardous substances; and (d) liability for any costs of
investigation, abatement, correction, cleanup, fines, penalties, or other
damages arising under any Environmental or Hazardous Substance laws;
and (e) liability for personal injury, property damage, or economic loss
arising under any statutory or common-law theory.
SECTION 16. - Insurance.
16.1. The Company will procure and maintain for the duration of the
Franchise, insurance; or upon City's written approval based on satisfactory
evidence of financial capacity and stability, Company may provide self-
insurance, against all claims for injuries to persons or damages to
property which may arise from or in connection with the exercise of the
rights, privileges and authority granted hereunder to the Franchisee, its
agents, representatives or employees. The Company will provide an
insurance certificate, together with an endorsement naming the City, its
officers, elected officials, agents, employees, representatives, engineers,
consultants and volunteers as additional insureds, to the City upon the
Company's execution of this Franchise, and such insurance certificate will
evidence the following minimum coverages:
A. Commercial general liability insurance including coverage for
premises - operations, contractual liability, explosions and collapse
hazard, underground hazard and products completed hazard, with
limits not less than $100,000,000 per occurrence and in the
aggregate for bodily injury or death to each person; and in the
aggregate for property damage resulting from any one accident;
and in the aggregate for general liability.
26 Olympic Pipeline
Franchise
B. Automobile liability for owned, non-owned and hired vehicles
with a limit of $1,000,000 for each person and $1,000,000 for each
accident.
C. Worker's compensation within statutory limits and employer's
liability insurance with limits of not less than $2,000,000.
D. Environmental pollution liability with a limit not less than
$50,000,000 for each occurrence, covering liability from sudden or
accidental occurrences to the extent such coverage is reasonably
available in the marketplace, and if not, a substantially equivalent
coverage for similar occurrences.
16.2. Any deductibles or self-insured retention will be the sole
responsibility of the Company. The insurance certificate required by this
Section will contain a clause stating that coverage will apply separately to
each insured against whom claim is made or suit is brought, except with
respect to the aggregate limits of the insurer's liability.
16.3. The Company's insurance will be primary insurance with respect to
the City, its officers, officials, employees, agents, consultants, and
volunteers. Any insurance maintained by the City, its officers, officials,
employees, consultants, agents, and volunteers will be in excess of the
Company's insurance and will not contribute with it.
16.4. In addition to the coverage requirements set forth in this Section,
the certificate of insurance will provide that:
"The above described policies will not be canceled before the
expiration date thereof, without the Company giving sixty (60)
days written notice to the certificate holder."
16.5. The Company will furnish the City with certificates of insurance and
original endorsements evidencing the coverage required by this Section
27 Olympic Pipeline
Franchise
upon acceptance of this Franchise. The certificates and endorsements will
be signed by a person authorized by the insurer to bind coverage on its
behalf and must be received and approved by the City prior to the
commencement of any work.
16.6. If coverage is purchased on a "claims made" basis, then the
Company will warrant continuation of coverage, either through policy
renewals or the purchase of an extended discovery period, for not less
than three (3) years from the date of termination of this Franchise or
conversion from a "claims made" coverage form to an 'occurrence"
coverage form.
16.7. The indemnity and insurance provisions herein under Sections 15
and 16 will survive the termination of this Franchise and will continue for
as long as the Company's Facilities will remain in or on the Franchise Area
or until the parties execute a new Franchise agreement that modifies or
terminates these indemnity or insurance provisions.
SECTION 17. - Annual Franchise Fee.
17.1. The current franchise fee is set at $22,000 per annum for use of the
franchise area. The Company will pay $18,495.82 representing the
difference between the current fee and the amount of the franchise
payment the Company made to the City in 2010. The Franchise fee for
2011-2012 is $22,330.00 ($22,000.00 multiplied by 11/2%), which is
intended to cover the City's reasonable costs related to the general
administration of the Franchise and its terms and conditions.
17.2. Beginning with year two of the Franchise term and each year
thereafter, the annual fee shall be increased by the most recently
published Consumer Price Index All Urban Consumers (CPI-U) for the
Seattle-Tacoma-Bremerton Area, or at a rate of one and one half percent
28 Olympic Pipeline
Franchise
(11/2%), whichever is greater. Each increase will become effective on the
anniversary date of this Franchise each year.
17.3. Each annual payment will cover the next twelve (12) month period
and will be paid not later than the anniversary date of the Effective Date of
this Franchise. Interest will accrue on any late payment at the rate of
twelve percent (12%) per annum. Such interest will be in addition to any
applicable penalties for late payment. Any partial payment will first be
applied to any penalties, then interest, then to principal.
17.4. The Franchise fee set forth in Section 17.1 does not include, and the
Company agrees that it is separately responsible for, other reasonable
costs incurred by the City including, but not limited to reviewing,
inspecting, licensing, permitting or granting any other approvals necessary
for the Company to operate and maintain its Facilities or for any inspection
or enforcement costs thereunder (i.e., customary permitting fees),
repairing or restoring damage to City property in the Franchise Area under
Sections 7 or 8, responding to any leak, spill or Emergency under Section
11, any additional costs for redesign or delays to a Public Improvement
Project under Section 12 or any other extraordinary cost borne by the City
caused by Company or its Facilities. The City will invoice Company
separately for these reasonable costs and Company will pay within thirty
(30) days of receipt of an invoice. Interest will accrue on any late
payment at a rate of twelve percent (12%) per annum. Additionally, the
foregoing annual fee does not include any generally applicable taxes that
the City may legally levy. The Company will bear the cost of publication of
this Ordinance. Nothing in this Section will be construed as limiting the
Company's right to seek recovery from third parties.
29 Olympic Pipeline
Franchise
SECTION 18. - Legal Relations.
18.1. The Company accepts any privileges granted hereunder by the City
to the Franchise Area in an "as is" condition. The Company agrees that
the City has never made any representations, implied or express
warranties or guarantees as to the suitability, security or safety of the
location of the Company's Facilities or the Facilities themselves or possible
hazards or dangers arising from other uses or users of the Franchise Area
including the City, the general public or other utilities. As between the
City and the Company, the Company will remain solely and separately
liable for the function, inspection, testing, maintenance, replacement or
repair of the Facilities or other activities permitted hereunder.
18.2. This Franchise Ordinance will not create any duty of the City or any
of its officials, employees or agents and no liability will arise from any
action or failure to act by the City or any of its officials, employees or
agents in the exercise of powers reserved herein. Further, this Ordinance
is not intended to acknowledge, create, imply or expand any duty or
liability of the City with respect to any function in the exercise of its police
power or for any other purpose. Any duty that may be deemed to be
created in the City hereunder will be deemed a duty to the general public
and not to any specific party, group or entity.
18.3. This Franchise will be governed by, and construed in accordance
with, the laws of the State of Washington.
SECTION 19. - Company's Acceptance. The City may void this
Franchise Ordinance if the Company fails to file its unconditional written
acceptance of this Franchise within thirty (30) calendar days from the final
passage of same by the City Council. The Company will file its
unconditional written acceptance with the City Clerk of the City of Kent.
30 Olympic Pipeline
Franchise
SECTION 20. - Notice.
20.1. All notices, demands, requests, consents and approvals which may,
or are required to be given by any party to any other party hereunder, will
be in writing and will be deemed to have been duly given if delivered
personally, sent by facsimile, sent by a nationally recognized overnight
delivery service, or if mailed or deposited in the United States mail and
sent by registered or certified mail, return receipt requested, postage
prepaid to:
City:
City of Kent
220 4ch Avenue South
Kent, WA 98032
Attn: Brian Felczak, Fire Department
With copy to:
Tom Brubaker, City Attorney
City of Kent Law Department
220 4ch Avenue S
Kent, WA 98032
Company:
Olympic Pipe Line Company Attn: President
2319 Lind Avenue S.W.
Renton, Washington 98055
With copy to:
Mark Johnsen
Karr Tuttle Campbell
1201 Third Avenue, Suite 2900
Seattle, Washington 98101
or to such other address as the foregoing parties hereto may from time-
to-time designate in writing and deliver in a like manner. All notices will be
deemed complete upon actual receipt or refusal to accept delivery.
Facsimile transmission of any signed original document and retransmission
31 Olympic Pipeline
Franchise
of any signed facsimile transmission will be the same as delivery of an
original document.
20.2. To ensure effective cooperation, the Company and the City will each
designate a representative responsible for day-to-day communications
between the Parties.
SECTION 21. - Miscellaneous.
21.1. In the event that a court or agency of competent jurisdiction
declares a material provision of this Franchise to be invalid, illegal or
unenforceable, the parties will negotiate in good faith and agree, to the
maximum extent practicable in light of such determination, to such
amendments or modifications as are appropriate actions so as to give
effect to the intentions of the parties as reflected herein. If severance from
this Franchise of the particular provision(s) determined to be invalid,
illegal or unenforceable will fundamentally impair the value of this
Franchise, either party may apply to a court of competent jurisdiction to
reform or reconstitute the Franchise so as to recapture the original intent
of said particular provision(s). All other provisions of the Franchise will
remain in effect at all times during which negotiations or a judicial action
remains pending.
21.2. Whenever this Franchise sets forth a time for any act to be
performed, such time will be deemed to be of the essence, and any failure
to perform within the allotted time may be considered a material violation
of this Franchise.
21.3. In the event that the Company is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s)
beyond the reasonable control of the Company, then the Company's
32 Olympic Pipeline
Franchise
performance will be excused during the Force Majeure occurrence, except
that it will make best efforts to perform all its obligations under Section 11
at all times. Upon removal or termination of the Force Majeure occurrence
the Company will promptly perform the affected obligations in an orderly
and expedited manner under this Franchise or procure a substitute for
such obligation or performance that is satisfactory to the City. The
Company will not be excused by mere economic hardship or by
misfeasance or malfeasance of its directors, officers or employees.
21.4. The Section headings in this Franchise are for convenience only, and
do not purport to and will not be deemed to define, limit, or extend the
scope or intent of the Section to which they pertain.
21.5. By entering into this Franchise, the parties expressly do not intend
to create any obligation or liability, or promise any performance to, any
third party, nor have the parties created for any third party any right to
enforce this Franchise.
21.6. This Franchise and all of the terms and provisions will be binding
upon and inure to the benefit of the respective successors and assignees
of the parties.
21.7. The parties each represent and warrant that they have full authority
to enter into and to perform this Franchise, that they are not in default or
violation of any permit, license, applicable regulation, order or similar
requirement necessary to carry out the terms hereof, and that no further
approval, permit, license, certification, or action by a governmental
authority is required to execute and perform this Franchise, except such
as may be routinely required and obtained in the ordinary course of
business.
33 Olympic Pipeline
Franchise
21.8. This Franchise Ordinance will be effective upon the date of the
timely filing of Company's written unconditional acceptance having been
first 1) introduced to the City Council not less than five days before its
approval; 2) submitted to the City Attorney; 3) published at least once in
a newspaper of general circulation in Kent; and 4) approved by a vote of
at least a majority of the City Council of the City of Kent at a regular
meeting.
SECTION 22. — 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 23. — 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 24. — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage; having first been
submitted to the Kent City Attorney; having been granted by the
approving vote of at least a majority of the City Council at a regular
meeting after introduction on May 17, 2011; and after having been
published at least once in a newspaper of general circulation in the City of
Kent.
SUZETTE COOKE, MAYOR
34 Olympic Pipeline
Franchise
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12011.
APPROVED: day of 12011.
PUBLISHED: day of 12011.
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
35 Olympic Pipeline
Franchise
UNCONDITIONAL ACCEPTANCE BY OLYMPIC PIPE LINE COMPANY
OF ORDINANCE NO.
OF THE CITY OF KENT, WASHINGTON
The undersigned official of Olympic Pipe Line Company, hereby accepts
Ordinance No. which was passed by the City Council of the
City of Kent, Washington on June 7, 2011 and is entitled:
AN ORDINANCE of the City Council of the City
of Kent, Washington, granting Olympic Pipe Line
Company, an interstate pipeline corporation
incorporated in the State of Delaware, a nonexclusive
franchise to construct, operate, maintain, remove,
replace, and repair existing pipeline facilities, together
with equipment and appurtenances thereto, for the
transportation of petroleum products within and
through the franchise area of the City of Kent.
IN TESTIMONY WHEREOF said Olympic Pipe Line Company, Inc., has
caused this written Acceptance to be executed in its name by its
undersigned authorized signer, duly authorized on this day of
, 2011.
OLYMPIC PIPE LINE COMPANY
By:
Print Name:
Title:
36 Olympic Pipeline
Franchise
State of Washington )
) ss.
County of )
I certify that I know of 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) was authorized to execute the instrument and acknowledged it as
the of Olympic Pipe Line Company to be the
free and voluntary acts of such party for the uses and purposes mentioned
in the instrument.
Dated this day of 2011.
Notary Public in and for the
State of Washington
My commission expires
Received on behalf of the City this day of , 2011.
Name:
Title:
37 Olympic Pipeline
Franchise
KENT Agenda Item: Consent Calendar — 7E
TO: City Council
DATE: May 17, 2011
SUBJECT: Collection Agency Services Agreement — Authorize
MOTION: Authorize the Mayor to sign a contract with AllianceOne
Receivables Management, Inc., to provide debt collection services through the State
of Washington contract for all accounts referred by the City except those
administered by the Municipal Court, subject to final terms and conditions
acceptable to the Finance Director and City Attorney.
SUMMARY: The vast majority of City accounts are paid when due or shortly after
finance charges are imposed. The use of a collection agency is a valuable tool in the
collection of remaining amounts owed to the City.
The State of Washington Debt Collection Services contract is used by all state
agencies. There are no state fees associated with participating in the state contract.
The City enters into an individual agreement with AllianceOne to ensure consistence
with the City's contract requirements.
EXHIBITS: Contract
RECOMMENDED BY: Operations Committee
BUDGET IMPACTS: Dependent on the recovery rate of accounts referred for
collection. In all cases the City receives the full principal amount of the amount
collected as well as 50% of the finance charges imposed.
KENT
w.s .��
GOODS & SERVICES AGREEMENT
between the City of Kent and
AllianceOne Receivables Management, Inc
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and AllianceOne Receivables Management, Inc organized
under the laws of the State of Washington, located and doing business at 6565 Kimball Drive,
Suite 200, Gig Harbor, WA 98335 (hereinafter the "Contractor").
AGREEMENT
I. DESCRIPTION OF WORK.
Contractor shall provide the following goods and materials and/or perform the following
services for the City:
Contractor shall provide debt collection services for accounts the City refers to Contractor,
exclusive of accounts maintained by the Kent Municipal Court. Accounts maintained by the Kent
Municipal Court are governed by a separate contract between the City and the Contractor. The
City of Kent is a participating CITY in the Washington State Purchasing Cooperative, and wishes
to contract with Contractor under the terms and conditions provided for under the State of
Washington's Debt Collection Services Contract #06806CA, attached and incorporated as
Exhibit A, which was recently extended to August 12, 2011, by Amendment No. 1 #06909,
attached and incorporated as Exhibit B. The City and Contractor agree that should a term of
the state contract conflict with any term of this Agreement, this Agreement shall control.
Further, should the state contract remain silent on a term provided for in this Agreement, then
the term as provided for in this Agreement shall control.
Contractor acknowledges and understands that it is not the City's exclusive provider of
these goods, materials, or services and that the City maintains its unqualified right to obtain
these goods, materials, and services through other sources.
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 such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin immediately and
remain in effect, subject to all terms and conditions in this Agreement, through December 31,
2013. At its option, the City may extend this Agreement up to two (2) additional three (3) year
terms. If, however, the Contractor renews, modifies, or extends its Agreement with the State,
and the City determines that the renewal, modification or extension would provide the City more
favorable terms, then the City, at its sole option, may, upon giving not less than fourteen (14)
calendar days prior written notice, replace the Exhibit A terms and conditions with the terms and
conditions in the renewed, modified, or extended State contract.
GOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
III. COMPENSATION. The Contractor's primary compensation due under the terms of
this Agreement is a 24% collection fee. The collection fee is a fixed amount calculated at the
time of an account's referral for collection and assessed against the principal balance then due.
Should the Contractor receive a partial payment from any debtor, the proceeds will be
proportionately divided between the City and Contractor based on each party's proportionate
share represented by the principal balance due to the City and the collection fee due to the
Contractor. Contractor's proportionate share is accurately calculated by multiplying the payment
amount received by .1935. All accounts referred for collection shall accrue interest at a rate of
12% per annum to be applied on all amounts unpaid and remaining due after the date of
referral. The City and the Contractor will share equally in any interest collected through the
collection process. However, any partial payments received will be credited first to the
outstanding collection fee and principal balance due. Once the collection fee and principal
balance is paid in full, subsequent payments will be applied to any interest that has accrued on
the account since its referral to collections. This compensation structure results in the City
receiving, upon an account's payment in full, 100% of the principal balance originally referred by
the City for collection, and 50% of the interest that accrues on the account while it is in
collection, and the Contractor receiving its 24% collection fee and 50% of the interest that
accrues on the account while it is in collection.
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 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 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.
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.
F. The Contractor maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Contractor must immediately notify the City in writing if its
contract with the State of Washington lapses or is terminated; or if there are any other changes
to that contract as that contract is renewed, modified, or extended, or if amended. If the
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
Contractor fails to provide this notice within 14 calendar days of the date of lapse or termination
of the State contract, the City, at its sole option, and in addition to its Section II contract rights,
may terminate this Agreement. 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. Additionally, and in accord with the State of Washington
contract, the City may withdraw accounts from collection at anytime.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the
Contractor determines, for any reason, that an amendment is necessary, Contractor must
submit a written amendment request to the person listed in the notice provision section of this
Agreement, section XIV(D), within fourteen (14) calendar days of the date Contractor knew or
should have known of the facts and events giving rise to the requested change. If the City
determines that the change increases or decreases the Contractor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Contractor on all equitable adjustments. However, if the parties are
unable to agree, the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the amended work upon receiving either a written amendment
from the City or an oral order from the City before actually receiving the written amendment. If
the Contractor fails to require an amendment within the time allowed, the Contractor waives its
right to make any claim or submit subsequent amendment requests for that portion of the
contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must
complete the amended work; however, the Contractor may elect to protest the adjustment as
provided in subsections A through E of Section VII, Claims, below.
The Contractor accepts all requirements of an amendment by: (1) endorsing it, (2)
writing a separate acceptance, or (3) not protesting in the way this section provides. An
amendment that is accepted by 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.
VII. CLAIMS. If the Contractor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Contractor may file a claim as provided in this
section. The Contractor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Contractor knew or should have known of the facts or events
giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be
conclusively deemed to have been waived by the Contractor unless a timely written claim is
made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
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;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Contractor is asserting a schedule change or
disruption.
B. Records. The Contractor shall keep complete records of extra costs and time
incurred as a result of the asserted events giving rise to the claim. The City shall
have access to any of the Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the
Contractor shall proceed promptly to provide the goods, materials and services
required by the City under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Contractor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Contractor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Contractor
warrants goods are merchantable, are fit for the particular purpose for which they were
obtained, and will perform in accordance with their specifications and Contractor's
representations to City. The Contractor shall correct all defects in workmanship and materials
within one (1) year from the date of the City's acceptance of the Contract work. In the event
any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used
parts will not be acceptable. When defects are corrected, the warranty for that portion of the
work shall extend for one (1) year from the date such correction is completed and accepted by
the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Contractor does not accomplish the
corrections within a reasonable time as determined by the City, the City may complete the
corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the
correction.
IX. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on
GOODS & SERVICES AGREEMENT - 4
(Over$10,000.00, including WSST)
behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
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.
X. 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 negligent performance of this Agreement, except for that
portion of the injuries and damages caused by the City's negligence.
City shall defend, indemnify and hold the Contractor, its officers, officials, employees, and
agents 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 City's negligent performance of
this Agreement, except for that portion of the injuries and damages caused by the Contractor'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.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Contractor refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Contractor's part, 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.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XI. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and
incorporated by this reference.
XII. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any
option conferred by this Agreement in one or more instances shall not be construed to be
a waiver or relinquishment of those covenants, agreements or options, and the same shall
be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are
unable to settle any dispute, difference or claim arising from the parties' performance of
this Agreement, the exclusive means of resolving that dispute, difference or claim, shall
only be by filing suit exclusively under the venue, rules and jurisdiction of the King
County Superior Court, King County, Washington, unless the parties agree in writing to
an alternative dispute resolution process. In any claim or lawsuit for damages arising
from the parties' performance of this Agreement, each party shall pay all its legal costs
and attorney's fees incurred in defending or bringing such claim or lawsuit, including all
appeals, in addition to any other recovery or award provided by law; provided, however,
nothing in this paragraph shall be construed to limit the City's right to indemnification
under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to
the contrary. Any written notice hereunder shall become effective three (3) business days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently
given if sent to the addressee at the address stated in this Agreement or such other
address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its
consent to any assignment, the terms of this Agreement shall continue in full force and
effect and no further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any
officer or other representative of the City, and such statements shall not be effective or be
construed as entering into or forming a part of or altering in any manner this Agreement.
All of the above documents are hereby made a part of this Agreement. 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. Each Party agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now in effect or in the future become
applicable to the operations covered by this Agreement or accruing out of the
performance of those operations.
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSST)
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.
J. Intellectual Property.
1. All Intellectual Property Rights belonging to either THE CITY or THE
CONTRACTOR, respectively, at the commencement date of the Agreement, shall
remain at all times THE CITY'S or THE CONTRACTOR'S property as appropriate, and
any Intellectual Property developed by either Party during this Agreement shall
remain the developing Party's property. Neither Party will acquire any right, title
and/or interest in the other Party's Intellectual Property as a result of this
Agreement except the rights to use the other Party's Intellectual Property for the
purpose of carrying out their respective obligations under this Agreement.
2. During the term of this Agreement (including any ramp-down or termination-
of-service period), each Party hereby grants the other Party a non-exclusive, non-
transferable, royalty-free license to its Intellectual Property for the sole purpose of,
and to the extent necessary for, performing their respective obligations under this
Agreement. Neither Party shall make any other use of the other Party's Intellectual
Property.
3. Neither party, in the performance of this Agreement, will infringe the
Intellectual Property rights of any person.
K. Confidentiality.
1. To the extent required by law, during the term of this agreement and for a
period of two years thereafter, each Party shall keep confidential all information
either party designates as "Confidential Information," which excludes:
(i) Information in the public domain through no fault of receiving party;
(ii) Information obtained from a third party not bound by confidentiality
terms;
(iii) Information in receiving party's lawful possession prior to disclosing
party's disclosure;
(iv) Information independently developed by receiving party; and
(v) Information required to be disclosed by law (e.g., subpoena or
governmental request).
2. To the extent required by law, either party shall destroy Confidential
Information at the request by the other Party, except that the Party receiving the
request may retain a copy of any Confidential Information to the extent required to
comply with applicable laws, including reporting or auditing requirements, and to
respond to or defend against inquiries, claims or demands of account debtors or
others.
GOODS & SERVICES AGREEMENT - 7
(Over$10,000.00, including WSST)
L. Retention of Records. To the extent that THE CONTRACTOR desires or requires the
return or destruction of account records, THE CITY may retain a copy of such records as
reasonably necessary to comply with applicable laws, including reporting or auditing
requirements, and to respond to or defend against inquiries, claims or demands of
account debtors or others.
M. Access to records. To the extent records of THE CITY's activities are maintained in
THE CONTRACTOR's records or under THE CONTRACTOR's control, THE CONTRACTOR will
provide copies of such records to THE CITY as reasonably necessary to investigate or
respond to complaints, audits, inquiries, legal actions and/or administrative actions
involving THE CITY, whether during or within 2 years from the end of the term of this
agreement, as may be extended by mutual agreement of the Parties.
N. Mutual Representations. The parties represent and warrant as follows:
1. Each party is duly organized and in good standing in its state of formation;
2. Each party has the power and authority to execute and perform the
obligations described in this Agreement;
3. Each party has obtained all requisite authorizations, approvals, consents or
permits required to perform its obligations;
4. Each party is in material compliance with all applicable laws; and
5. Entering into this Agreement will not cause either party to be in material
breach of any other of its contracts or obligations.
O. Debts Just and Owina. THE CONTRACTOR represents that to the best of its
knowledge, every account referred will be a just debt due and owing, and will not be
subject to any valid defense, set-off or counterclaim, including that such account or the
obligor of such account will not be subject to any bankruptcy proceeding, stay or
discharge as of the time of referral. THE CONTRACTOR further represents that to the best
of its knowledge, every account referred will contain accurate information, including
information regarding the identity of the debtor and the balance of the account.
P. Payment reversals. THE CONTRACTOR acknowledges that, from time to time, THE
CITY may remit funds to THE CONTRACTOR that may be reversed, because of such things
as non-sufficient fund checks or credit card payment reversals. THE CONTRACTOR will,
upon notice from THE CITY, reimburse THE CITY for all funds remitted to THE
CONTRACTOR that are subsequently reversed. THE CITY will deduct such reversals from
subsequent remittances to THE CONTRACTOR.
O. Electronic Payments. THE CONTRACTOR authorizes THE CITY to charge a party
making an electronic payment a reasonable transaction fee for processing the electronic
payment, unless prohibited by law.
R. Beneficiaries to Contract. This Agreement is entered into for the benefit of THE
CONTRACTOR and THE CITY, and no other parties are entitled to enforce its terms. No
GOODS & SERVICES AGREEMENT - 8
(Over$10,000.00, including WSST)
third-party beneficiaries are intended to be created or are created hereunder, and no
other party can derive any benefit or right herefrom.
S. Enforcement of Underlying Rights of THE CONTRACTOR. THE CITY is specifically
granted the right in any dispute, claim, controversy or action asserted against THE CITY
by an account debtor or third party, to enforce any right THE CONTRACTOR might have to
compel arbitration, or to prohibit a jury trial or class action. THE CITY is authorized to
exercise any right THE CONTRACTOR might have to call or contact any wireless telephone
or other wireless device manually or by automated means; or to call or contact any
person using a pre-recorded or artificial voice.
T. Calling Wireless Numbers. THE CONTRACTOR recognizes that THE CITY cannot
contact wireless devices (such as cellular phones) using an automated dialer or a pre-
recorded or artificial voice, unless the owner of such wireless device has given prior
express consent.
U. Taxes. THE CONTRACTOR agrees to pay all sales, use, value-added or similar taxes
as may be applicable to the services rendered by the Collection CITY.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Attn: Tera Cappa-Bachaud Tom Vetsch, Customer Services Manager
CONTRACTORCONTRACTOR Service/Support City of Kent
Supervisor 220 Fourth Avenue South
AllianceOne Receivables Management, Inc. Kent, WA 98032
6565 Kimball Drive, Suite 200
Gig Harbor, WA 98335 (253) 856-5234 (telephone)
(253) 856-6200 (facsimile)
(800) 456-8838 (telephone)
253 620-7310 facsimile
APPROVED AS TO FORM:
Kent Law Department
GOODS & SERVICES AGREEMENT - 9
(Over$10,000.00, including WSST)
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 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I 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 of 3
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 6 1 day of 200�
By: h
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement. /Vp � �?
I, the undersigned, a duly represented agent of � + w '� l L l�r
Company, hereby acknowledge and decla e that the before-mentioned company was the prime
contractor for the Agreement known as I e 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 �T/k day of /1 20�L.
By:
For: //� / C
Title: V 9
Date:_T1
EEO COMPLIANCE DOCUMENTS - 3 of 3
KENT Agenda Item: Consent Calendar — 7F
TO: City Council
DATE: May 17, 2011
SUBJECT: S. 228th Street Improvements, Materials Testing Contract —
Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Contract with
Jason Engineering & Consulting Business, Inc., in an amount not to exceed
$64,095, to provide materials testing and inspection services related to the South
2281h Street Improvements project, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
SUMMARY: Public Works Engineering is contracting for the improvement of
South 2281h Street from 641h Avenue South, east to the Union Pacific Railway crossing.
The scope of work includes extensive underground utility construction including a new
water main and six (6) foot diameter reinforced concrete storm water by-pass system
to help alleviate the flooding of surface streets during periods of heavy rainfall. Sound
engineering practices dictate that the materials used to bed the pipe and other utilities
are tested to insure they meet specifications and that trench backfill material is com-
pacted to the required density to support a new roadway surface. Materials analysis
and density testing requires a laboratory with certified equipment and personnel.
Jason Engineering & Consulting Business, Inc. possesses the appropriate certifications
to perform these duties, and was selected through a competitive process based upon
their qualifications. There is no engineering firm locally in Kent that performs this
type of work.
EXHIBITS: Contract
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: Funding will be from the Drainage and Water Funds
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Jason Engineering & Consulting Business, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Jason Engineering & Consulting Business, Inc. organized under the
laws of the State of Washington, located and doing business at PO Box 181, Auburn, WA 98071,
Phone: (206) 786-8645/Fax: (253) 833-7316, Contact: Jason Bell (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall provide testing and inspection services for the S. 228th St.
Improvements Project. For a description, see the Consultant's April 12, 2011 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
June 30, 2012.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Sixty Four Thousand, Ninety Five Dollars ($64,095.00) for the services
described in this Agreement. This is "the maximum amount to be paid under this
Agreement for the work described 'in Section I above, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at
the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit B.
CONSULTANT SERVICES AGREEMENT - -1
(Over$10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTO.'R. 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'Uusiness 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 exedute 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 & 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.
t
VIII. INSURANCE. The Consultant Jshall ,procure and maintain for the duration of the
Agreement, insurance of the types and in tie amounts described in Exhibit C attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the:Consultant. Consultant shall make such data, documents,
and files available to the City upon the,City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
authorized under this Agreement, thework must meet the approval of the City and shall be
subject to the City's general right of inspection;to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and 'Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including.iall 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:
Jason Bell Timothy J. LaPorte, P.E.
Jason Engineering & Consulting Business, Inc. City of Kent
PO Box 181 220 Fourth Avenue South
Auburn, WA 98071 Kent, WA 98032
(206) 786-8645 (telephone) (253) 856-5500 (telephone)
(253) 833-7316 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
]ECB 2W Improvements/Tenerelll
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 will 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, bgb,,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' 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-mentione&Agreement.
Dated this day of 20 .
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
Jason Geotechnical Engineering Date: 04-12-2011
Engineering& Retaining Structures Project:South 228th Street
Consulting Project Management/inspection Improvements, Kent#09-3029
Business,Inc. Pavement Design&Analysis File#:p11-020
CITY OF KENT
220-4ch Avenue S.
Kent,WA 98032-5895
Re: Letter of Interest&Statement of Qualifications
Project: South 228th Street Improvements,Kent#09-3029
Attn: Mr. Pete Tenerelli,Construction Manager
JASON ENGINEERING would like to submit this letter of our interest and qualifications for providing
geotechnical engineering and/or testing and inspection services.Our office is physically located in Auburn,
from which we provide our services to job sites throughout the Puget Sound Region. JASON
ENGINEERING is committed to providing our clients with timely services they can depend upon for
accurate and professional results. We are a small company and concentrate on the clients to provide a
professional,personalized,cost effective service. We strive to keep ahead through our sense of purpose and
dedication in providing our clients with, personable services for the geotechnical engineering,construction
inspection&testing industry.
JASON ENGINEERING specializes in providing;
✓ Geotechnical Engineering(including ✓ Public works construction Inspector Support
Hazard Area Regulation) and/or management.
✓ Slope stability analysis ✓ Materials testing and inspection.
✓ Erosion Control Inspection ✓ Special inspection,construction monitoring;
✓ Pavement deflection analysis and road design soils,asphalt,concrete,masonry
✓ Soils stabilization/enhancement ✓ Laboratory testing for construction materials
✓ Retaining walls,earth walls,rockery designs ✓ Technical information reports(King County)
✓ Percolation testing ✓ Pile design recommendations
✓ Infiltration trench design
Our experience in the geotechnical field and testing/inspection of construction materials is extensive,
especially concerning soils, concrete and asphalt. Also, we can provide certificates of insurance for
Professional and/or General Liability Insurance. We can provide you with either full or part time
inspection services (as needed). We request a minimum of 24 hours notice depending on proximity to job
sites.
If you have any questions or if JASON ENGINEERING can be of any further assistance please call on us at
(206) 786-8645.
Respectfully Submitted,
JASON ENGINEERING &CONSULTING BUSINESS,INC
Ja EC Bell,P.E.
President
PO Box 181 Auburn WA 98091 s Page 1 03✓
Yt k Phone 206)786-8645 Fax (253J833 7316� Email&`Jason asonengmeg corn
r
Jason Geotechnical Engineering Date: 04-12-2011
Engineering& Retaining Structures Project:South 228th Street
Consulting Project ManagemenVInspection Improvements, Kent#09-3029
Business,Inc. Pavement Design&Analysis File#:p11-020
Scope of Services, Exhibit
These rates will apply for the duration of the project and should provide all the testing and inspection
requirements for your project:South 228th Street Improvements,Kent#09-3029
" Provide onsite construction inspection and recommendations regarding construction materials as
requested.
" Observe placement and procedures of materials. Provide density tests to confirm compaction and
testing specification requirements.
" Sample imported material to evaluate and confirm specification requirements. This includes
laboratory testing for each material type encountered and/or imported to the site. Testing methods
will be performed according to current applicable standards.
" Provide miscellaneous professional, construction management and administrative services related to
this project as directed,photograph construction materials and methods as appropriate or as directed
by the Owner's Representative.
" Provide to the owner within two hours of discovery, notification of failing test results related to
materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's
Representative.
" Provide laboratory testing/analysis as directed for soil samples, concrete cylinders and other material
samples provided by City of Kent.
" Prov�de training and advice to assist City of Kent staff to perform material analysis and in-situ
compaction testing.
" Provide time sheets with each invoice that verify Consultant employee(s), day,date and times worked,
hourly rate, total per day, mileage; tests performed and test fees, and any other pertinent information
required to verify invoiced charges.
v- Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A
Licensed P.E. reviews all reports and computer-generated copies are mailed to all parties on the
project distribution list.
The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for
all work performed. There is a minimum charge of 2 hours for any inspection and professional
engineering services(weekends are minimum 4 hours).
Mileage reimbursement for non-resident inspector is charged from the Auburn office to the job site
and back to the office.
s� An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal 8 hour
working day,and legal holidays.
Equipment & materials will include equipment used by an inspector the field in the performance of
normal inspection duties.
Unit rates valid for anticipated duration of the project.
y,• '",*'. rri4k y,# a"u. '"'� ;;.r4x �3�k�{„e "asO�t+Q+ kr5'. yk,14+0 kz 4 '"§m, _`c�h�•;v� 4S'cx;:a„ wew✓LtT
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�U6��f?,]} tl {t �'''7 i:, s 'nak115h 8 711C!1o}lCl@(� T x v„o-.'✓ u t 6�
�.."_�.`nx z5..'l��li. p ,Y{ �p A,., �n�t�ym74 try 3j,;h £ r I ��(a k ,++"`"' pkuti �:iy °?"'�t�, l1un `„r xSkn,
Jason Geotechnical Engineering Date: 04-12-2011
Engineering& Retaining Structures Project:South 2Wh Street
Consulting Project Management/Inspection Improvements, Kent#09-3029
Business,Inc. Pavement Design&Analysis File#:p11-020
Schedule of Fees & Services, Exhibit B
PROFESSIONAL SERVICES Unit Rate Item Total
325 Construction Management Inspector $60.00 per hour $19,500.00
55 Asphalt Inspection&Monitoring w/Densometer $60.00 per hour $3,300.00
100 Concrete Inspection&Monitoring $60.00 per hour $6,000.00
55 Material Testing Training $60.00 per hour $3,300.00
325 Soils Inspection&Monitoring w/Densometer $60.00 per hour $19,500.00
30 Professional Engineering Services $95.00 per hour $2,850.00
100 Administrative services $40.00 per hour $4,000.00
Mileage per round trip, non-resident
5500 (20 Miles per each RT) $0.51 per mile $2,805.00
OT/Holiday hours 1.5 x rate per hour
LABORATORY SERVICES Unit Rate Item Total
3 Asphalt,Ignition&Gradation $150.00 each $450.00
3 Asphalt,Rice Specific Gravity $85.00 each $255.00
Masonry,CMU Prisms $130.00 each
40 Concrete/Grout;Cylinders/Prisms $20.00 each $800.00
3 Soil,Fracture Count $75.00 each $225.00
3 Soil,Proctor(Standard or Modified) $150.00 each $450.00
3 Soil,Sand Equivalent Test $75.00 each $225.00
3 Soil,Sieve Analysis with#200 wash $125.00 each $375.00
2 Soil,Unit weight $30.00 each $60.00
Estimated Project Total: $64,095.00
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�'! a ,„'T/7 rhfl.ca t Y( ,$C w�/p 'p"prk' y,-fF;; f�j q q r ' 'a; an..zz}:.. (r✓+.+�#}3}`�oy..'z *7.1v�'y{"k"r' r y n.," " -+£ '.,c ^a yr rx ^r� t.
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Fn�'"�'✓Pais3.k -`?. C "�''" .. w a kn'`^� � y ,..` y k.. a.. ,,,.,v tt;^t s pt s .+�# r^ rC �'KI✓2rs
ME m , . :.
EXHIBIT C
INSURANCE REQUIREMENTS FOR
CONSULTANTrSERVICES 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 011andsshall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and 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. 11
,
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 Liabilit4 insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
EXHIBIT C (continued)
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The 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',r.:
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
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.
KENT Agenda Item: Consent Calendar — 7G
TO: City Council
DATE: May 17, 2011
SUBJECT: S. 228th Street Improvements, Drainage District No. 1
Agreement — Authorize
MOTION: Authorize the Mayor to sign an Interlocal Agreement between the
City of Kent and Drainage District No. 1 of King County for the City to receive a
$50,000 contribution from Drainage District No. 1 toward the cost of the South
2281h Street Improvements project, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
SUMMARY: The City of Kent S. 2281h Street Improvements project along South
2281h Street in Kent involves working on Drainage District No. 1 of King County
property. The Drainage District Commissioners agreed at their last meeting on
March 31, 2011 to contribute $50,000 to this project since there is also a benefit to
the Drainage District. The funds will be available on May 31, 2011, and will need to
be returned to the Drainage District after December 31, 2012, if the project work is
not completed. A goal of the storm water drainage work is to divert peak flows from
Drainage District No. 1 property and alleviate frequent flooding from Mill Creek along
761h Avenue South.
EXHIBITS: Interlocal Agreement
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: The City will receive a contribution of $50,000 to the storm
drainage utility
Interlocal Agreement Regarding
Kent South 228 h Street Improvements
(between the City offent and Drainage District No. I offing County)
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between the CITY
OF KENT, a Washington municipal corporation ("Kent") and DRAINAGE DISTRICT NO. 1
OF KING COUNTY, a Washington municipal corporation, located and doing business at 19414
84t' Avenue S., Kent, WA 98032 ("District").
Recitals
A. Kent and District are public agencies as defined by Ch. 39.34 of the Revised Code
of Washington, and are authorized to enter into interlocal agreements on the basis of mutual
advantage and thereby to provide services and facilities in the manner and pursuant to forms of
governmental organization that will accord best with geographic, economic, population, and
other factors influencing the needs and development of local communities.
B. Kent is undertaking a project known as South 228t' Street Improvements
(hereafter "Project"), which is expected to occur in 2011-12 with an estimated construction cost
of approximately $6 Million to Kent.
C. The District's purpose is to ensure the flows of drainage waters in its jurisdiction.
Kent's Project includes the installation of roughly 3200 lineal feet of 72-inch diameter storm
drain pipe along S 228t' Street, which will capture peak flows during storm events from the
District's right of way near S 228t' Street, and redirect these peak flows away from 76t' Ave S
and into a ditch along 64t' Ave S on the west end of the project. The District expects to benefit
due to an increase in water conveyance ability. Accordingly, because of the benefits to be
received by the District, the District desires to contribute toward Kent's costs to complete the
Project.
NOW THEREFORE, in consideration of the terms and provisions contained herein, it is
agreed between Kent and District as follows:
Agreement
1. Purpose. It is the purpose of this Agreement to outline the terms under which the
District will contribute the sum of FIFTY THOUSAND DOLLARS ($50,000)toward the cost of
Kent's Project.
2. Duration. This Agreement shall become effective on the last date it is ratified by
the legislative bodies of Kent and the District. Unless terminated by either party in accordance
with section 7 below, this Agreement shall remain in full force and effect until the completion of
the Improvement Project, which is anticipated to be no later than December 31, 2012.
3. Administration of Agreement. Kent and the District shall each appoint a
representative who shall be authorized to administer this Agreement on their behalf.
INTERLOCAL AGREEMENT REGARDING
SOUTH 228TH STREET IMPROVEMENTS- 1 of 4
(btwn.Kent and Drainage Dist.No. 1 offing County)
4. Contribution to Kent. hi consideration of this Agreement, the Project undertaken
by Kent, and the benefits that the Project will confer upon the District, the District agrees to
contribute the sum of FIFTY THOUSAND DOLLARS ($50,000) to Kent. This sum shall be
remitted by the District to Kent by June 30, 2011, or by such other date as may be mutually
agreed upon by the parties' appointed administrators.
5. Failure to Perform the Project - Return of Contribution. As a condition of the
District's contribution toward the cost of the Project, in the event Kent does not execute the
Project in the District's right of way, the District reserves the right to demand repayment of the
full contribution. If such demand is made upon City, then City shall promptly return the full sum
previously contributed by the District.
6. Entry upon Land. Kent's contractor for the Project has been provided sufficient
access to District property by previous negotiation. That access and the terms of those
negotiations do not form a part of this Agreement.
7. Termination by Mutual Written Agreement. This Agreement maybe terminated at
any time by mutual written agreement of the parties.
8. Indemnification and Hold Harmless. Kent shall defend, indemnify and hold
District, 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 Kent's performance of this Agreement and its Project, except for that
portion of the injuries and damages caused by District's negligence, if any.
The provisions of this section shall survive the expiration or termination of this
Agreement.
9. Miscellaneous.
9.1 Amendments. This Agreement may only be amended by mutual written
agreement of Kent and District.
9.2 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.
9.3 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
INTERLOCAL AGREEMENT REGARDING
SOUTH 228TH STREET IMPROVEMENTS-2 of 4
(htwn.Kent and Drainage Dist.No. 1 ofKmg County)
process. hi any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, in addition to any other recovery or award provided by law;
provided, however, nothing in this paragraph shall be construed to limit the District's right to
indemnification under section 8 of this Agreement.
9.4 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.
9.5 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 District.
9.6 Entire Agreement. The written provisions and terms of this Agreement
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.
9.7 Compliance with Laws. The parties agree to comply with all federal, state,
and municipal laws, rules, and regulations that are now effective or in the future become
applicable to the operations covered by this Agreement or accruing out of the performance of
those operations.
9.8 Severability. If any section of this Agreement is adjudicated to be invalid,
such action shall not affect the validity of any section not so adjudicated.
9.9 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 upon personal service or 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.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
INTERLOCAL AGREEMENT REGARDING
SOUTH 228TH STREET IMPROVEMENTS-3 of 4
(htwn.Kent and Drainage Dist.No. 1 ofKmg County)
DISTRICT: KENT:
DRAINAGE DISTRICT NO. 1 OF KING CITY OF KENT:
COUNTY
By: By:
(signature)
Print Name: Morgan Llewellyn Print Name: Suzette Cooke
Its Chair, Board of Commissioners Its Mayor
(Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
John M. Casey Timothy LaPorte, Director
Curran Law Firm, P.S. City of Kent Public Works Department
555 W. Smith St. 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
(253) 852-2345 (telephone)
(253) 852-2030 (facsimile) (253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
John M. Casey, Tom Brubaker, City Attorney
of Curran Law Firm, P.S.
Attorney for Drainage District No. 1
INTERLOCAL AGREEMENT REGARDING
SOUTH 228TH STREET IMPROVEMENTS-4 of 4
(btwn.Kent and Drainage Dist.No. 1 offing County)
KENT Agenda Item: Consent Calendar — 7H
TO: City Council
DATE: May 17, 2011
SUBJECT: Certification Analysis Contract — Authorize
MOTION: Authorize the Mayor to sign an Amendment to the Consultant
Services Contract with Tetra Tech for Certification of the Boeing Levee in an amount
not to exceed $28,708, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: The City's Boeing Levee is located on the east bank of the Green
River between South 2001h Street and South 2121h Street. Tetra Tech's existing
contract includes developing geotechnical design recommendations and hydraulic
analysis and modeling related to the design and construction of new levee sections for
the purpose of certifying the existing Boeing Levee.
This amendment will enable Tetra Tech to do additional geotechnical work at the
South 2001h Street and South 2121h Street Bridges not anticipated with the original
contract. As the city has moved forward with FEMA on four other levee certifications,
it has become apparent during the FEMA review process that additional geotechnical
analysis at each "high ground", or bridge crossing, is necessary to attain accreditation.
Tetra Tech's contract amendment will allow them to conduct this analysis as part of
the certification process.
EXHIBITS: Contract
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: Storm water drainage utility funds will be used to pay for this
consultant services agreement
i
KENT '
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: Tetra Tech. inc.
CONTRACT NAME & PROJECT NUMBER: Boeing Levee
ORIGINAL AGREEMENT DATE: January 20, 2011
This Amendment is made between the City and the above-referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the parties,
Consultant or Vendor's work is modified as follows;
1. Section I of the Agreement, entitled "Description of Work," is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any
prior Amendments, the Consultant or Vendor shall:
Conduct supplemental investigations for the project. This
includes dealing with certifying "high ground" at 212th and
20oth Street. For a description, see the Consultant's Scope of
Work which is attached as Exhibit A and incorporated by this
reference.
I
2. The contract amount and time for performance provisions of Section II "Time of
Completion," and Section III, "Compensation," are modified as follows:
Original Contract Sum, $254,108.00
including applicable WSST
Net Change by Previous Amendments $0
including applicable WSST
Current Contract Amount $254,108.00
including all previous amendments
Current Amendment Sum $28,708.00
Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $282,816.00
i
AMENDMENT - 1 OF 2
i
Original Time for Completion 12/31/11
(insert date)
Revised Time for Completion under o
prior Amendments
(insert date)
Add'I Days Required (tj for this o calendar days
Amendment
Revised Time for Completion 12/31/11
(insert date)
The Consultant or Vendor accepts all requirements of this Amendment by signing below,
by its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or
affected by this Amendment, including, without limitation, claims related to contract time,
contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless
otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the
guarantee and warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR: CITY OF KENT:
By: By:
signature (signature)
,,
Print Name: j/tom, Te 0" Print Name: Suzette Cooke
Its was n ,-- Its Mayor
(title) (title)
DATE:�T2o (( DATE:
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
Kent Law Department
Tetra I e.h-Boelny Levee Amd 1/H111.1k
AMENDMENT - 2 OF 2
TEE TECH EXHIBIT A
SCOPE OF WORK FOR THE BOEING LEVEE
CONTRACT MODIFICATION NO. 1
SYSTEM EVALUATION AND CERTIFICATION PACKAGE
TASK 1 — PROJECT MANAGEMENT AND MEETINGS
Project management includes the work effort for internal Tetra Tech and Kleinfelder processing of
the contract modification.
TASK 2 DATA COLLECTION AND FIELD INVESTIGATION
No changes to the scope of work.
TASK 3 GEOTECHNICAL ASSESSMENT
The work effort for this task under this contract modification is to conduct supplemental
investigations for the Boeing Levee Certification Project. This includes conducting an evaluation of
the bridge abutment fills that are used as upstream and downstream high-ground tie-ins for the
Boeing Levee. The evaluation will confirm whether or not these embankments conform to the
requirements for levee certification under FEMA 44 CFR 65.10.
Specifically, additional geotechnical investigations will be conducted to assess the geotechnical
performance of the South 200th Street Bridge and South 2121h Street Bridge abutment fills in
accordance with USACE levee design criteria for seepage, settlement, and stability. The results of
this supplemental investigation will be incorporated into the final Levee Certification Report that is to
be provided under the original scope of services.
Geotechnical evaluations will be based upon USACE levee design criteria for existing levees per
Engineering Manual (EM) 1110-2-1913 Design Guidance and Construction of Levees and
Engineering Technical Letter (ETL) 1110-2-569 Design Guidance for Levee Underseepage.
The scope of the supplementary investigations consists of the following tasks:
• Drill two 55-foot-deep borings (one each at the South 200`h Street and South 212'h Street
abutments) after obtaining required drilling permits. Drilling will be conducted with
appropriate traffic control
• Borings will be grouted in accordance with the permit requirements and the asphalt concrete
paving restored with cold patch mix
• Conduct laboratory testing on selected samples retained from the borings.
• Conduct seepage and stability analyses for the bridge abutment fills using the 100-year
flood elevations previously provided by Tetra Tech. Conduct seismic stability analyses for
the bridge abutment fills based on the USACE criteria used for evaluating the levee under
the original scope of services.
• Incorporate the results of these analyses into the final Levee Certification Report to be
provided under the original scope of services.
- I
i
TETRA TECH
TASK 4 HYDRAULIC EVALUATION
No changes to the scope of work.
TASK 5 FLOODPLAIN MAPPING
No changes to the scope of work.
TASK 6 EROSION PROTECTION EVALUATION
No changes to the scope of work.
TASK 7 STRUCTURAL EVALUATION
No changes to the scope of work.
TASK 8 INTERIOR DRAINAGE ANALYSIS
No changes to the scope of work.
i
TASK J OPERATION & MAINTENANCE PLAN
No changes to the scope of work.
TASK 10 LEVEE CERTIFICATION REPORT
No changes to the scope of work.
TASK 11 CLOMR PACKAGE
No changes to the scope of work.
II
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SCHEDULE
This supplemental work effort will necessitate a change in the schedule that was provided in the
original scope of services. The work effort is expected to take up to 7 weeks from notice-to-proceed
(NTP). This includes a 4 week estimate to obtain right-of-way and street use permits and a 3 week
estimate to complete the drilling, lab work and geotechnical analysis of the roadway embankments.
Once this is complete a 2 week time period is assumed to complete the Draft Report and CLOW
Package for submittal to the City.
Therefore the schedule is proposed to be revised as in the following table, based on the notice-to-
proceed that was emailed by the City on 4/15/11. It is understood that the City will provide a formal
signed contract within two (2) weeks of 4/15/11.
Proposed Revised Schedule
Days to Original Date Revised Date for
Complete assuming Contract Modification
Task Following NTP 01/10/11 NTP assuming 4/15111 NTP
Data Collection 10 1/21/2011
Kick-Off Meeting 14 1/26/2011
Field Imestigation 28 2/8/2011
Hydraulic & Civil Evaluation 49 3/1/2011
Geotechnical Assessment 70 3/22/2011
Alternative Meeting 77 3/29/2011
Prepare 35% Plans" 105 4/26/2011
Floodplain Mapping 91 4/12/2011
Operation and Maintenance Plan 112 5/3/2011
Draft Report & CLOMR Package 112 5/3/2011 6/17/2011
Final Report & CLOMR Package 126 5/17/2011 7/1/2011
FEMA SUBMITTAL 127 5/18/2011 7/1/2011
35% plans developed by City of Kent; 1 week review of Draft report assumed
1
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KENT Agenda Item: Consent Calendar — 7I
TO: City Council
DATE: May 17, 2011
SUBJECT: Central Avenue S. Sidewalk Replacement & Storm Water
Force Main Right of Way Dedication — Authorize
MOTION: Authorize the Mayor to sign the necessary documents to dedicate
a portion of city-owned property in connection with the Central Avenue S. Sidewalk
Replacement and Storm Water Force Main Project as right-of-way, subject to final
terms and conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: This summer, the Public Works Department will be installing a new
storm drainage pipe along the east side of Central Avenue. This is the first phase of
the project, which will help alleviate local flooding at James Street. As part of this
project, several franchise utilities are required to relocate their facilities out of the way
of the new storm pipe.
During the design process it was determined additional right-of-way for Central
Avenue S. across the frontage of the Kent Municipal Court was needed for the
franchise utility relocation. The dedication of this narrow strip of City-owned land
addresses this need.
EXHIBITS: Right-of-Way Dedication Document
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: No Budget Impact
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: Engineering/Property Services
Grantor: City of Kent
Grantee: City of Kent
Abbreviated Legal Description: PTN S W RUSSELL DLC NO 41 WITHIN PTN NE,
NE, SECT 25, T22N, R4 EWM
Additional Legal Description on Exhibit A of Document.
Assessor's Tax Parcel ID No. 0006600021 STR: 25-22-4
Project Name: Central Avenue S. Sidewalk Replacement and Storm Water
Forcemain
Permit No. 10-3009
Document Date:
MUNICIPAL
QUIT CLAIM DEED
(Corporate)
THE GRANTOR, the CITY OF KENT, a municipal corporation, for
SIDEWALK REPLACEMENT AND STORM WATER FORCEMAIN INSTALLATION
conveys and quit claims to the City of Kent the described real estate in
Exhibit A, situated in the County of KING, State of Washington including
any after acquired title:
Grantor: City of Kent
Mayor
Page 1 of
STATE OF WASHINGTON )
)SS
COUNTY OF KING )
On this day of 20 , before me
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared to me
known to be the Mayor of
the corporation that executed the
foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, and for the uses and
purposes therein mentioned, and on oath stated that is
authorized to execute the said instrument and that the seal affixed is the
corporate seal of said municipality.
WITNESS my hand and official seal hereto affixed the day and year
first above written.
Print Name:
Notary Public in and for the State of Washington,
residing at
My Commission Expires
Page 2 of
Exhibit A
Puget Sound Energy Easement
Tax Lot No. 0006600021
That portion of the Samuel W. Russell Donation Land Claim Number 41, in the
northeast quarter of the northeast quarter of Section 25, Township 22 North, Range 4
East, W.M., in King County, Washington, described as follows:
Commencing at the intersection of the south line of said donation land claim with the
east line of said Section 25; thence N89°43'53"W, along the south line of said donation
land claim, 420.80 feet to the east right of way line of Central Avenue South, said east
right of way line being 36.00 feet easterly of, when measured at right angles to, the
monumented centerline of said Central Avenue South; thence N00040'03"E, along said
east right of way line, 257.10 feet to the TRUE POINT OF BEGINNING; thence
continuing N00040'03"E, along said east right of way line, 32.00 feet; thence
S89019'57"E 8.00 feet; thence S00040'03"W 32.00 feet; thence N89019'57"W 8.00 feet
to the TRUE POINT OF BEGINNING.
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KENT Agenda Item: Consent Calendar — 73
TO: City Council
DATE: May 17, 2011
SUBJECT: Lake Meridian Village Townhomes Neighborhood Council
Resolution — Adopt
MOTION: Adopt Resolution No. recognizing the Lake Meridian
Village Townhome Neighborhood Council, supporting its community building efforts,
and conferring all opportunities offered by the City's Neighborhood Program.
SUMMARY: Lake Meridian Village Townhome neighborhood has completed the
process to be recognized as a neighborhood council.
EXHIBITS: Resolution and Exhibit
RECOMMENDED BY: Economic and Community Development Committee
BUDGET IMPACTS: None
RESOLUTION NO.
A RESOLUTION of the city council of the
city of Kent, Washington, recognizing the Lake
Meridian Village Townhome Neighborhood Council.
RECITALS
A. The City of Kent has developed a Neighborhood Program to
promote and sustain an environment that responds to residents by building
partnerships between the City and its residents. In addition, the City of
Kent encourages residents to work together to form geographically distinct
neighborhood councils as a means to foster communication among
residents and to enhance their sense of community.
B. The City of Kent recognizes and supports neighborhood
councils by endorsing a process to establish neighborhood boundaries,
approve neighborhood councils, and provide neighborhood grant matching
program opportunities to make improvements in defined neighborhoods.
C. The Lake Meridian Village Townhome neighborhood consists of
twenty households occupying individually-owned lots.
D. The Lake Meridian Village Townhome Neighborhood is located
on Kent's East Hill. The Neighborhood is shown on Exhibit A attached and
incorporated by this reference. It is situated generally to the south of SE
2561h Street, to the west of 1381h Avenue SE, to the north of Lake Meridian,
1 Lake Meridian Village Townhome
Neighborhood Council
with Neighborhood homes on the north and south side of SE 2561h Place. A
lakefront park that is connected with the Neighborhood by a greenbelt that
is jointly owned with neighboring property owners.
E. On April 12, 2011, the Lake Meridian Village Townhome
Neighborhood submitted an official registration form to request that the
City recognize the Lake Meridian Village Townhome Neighborhood Council
and to allow the Neighborhood to take part in the City's Neighborhood
Program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1, — Recognition of Neighborhood Council. — The City
Council for the City of Kent hereby acknowledges the effort and
commitment of the Lake Meridian Village Townhome neighborhood and all
those who participated in forming the Lake Meridian Village Townhome
Neighborhood Council. The Kent City Council hereby recognizes Lake
Meridian Village Townhomes as an official Neighborhood Council of the City
of Kent, supports Lake Meridian Village Townhomes community building
efforts, and confers on the Lake Meridian Village Townhome Neighborhood
Council all opportunities offered by the City's Neighborhood Program.
SECTION 2, — Severabilitv. 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.
2 Lake Meridian Village Townhome
Neighborhood Council
SECTION 4, — 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 May, 2011.
CONCURRED in by the mayor of the city of Kent this day of
May, 2011.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution
No. passed by the city council of the city of Kent, Washington, the
day of May, 2011.
BRENDA JACOBER, CITY CLERK
3 Lake Meridian Village Townhome
Neighborhood Council
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Lake Meridian Village Townhomes Neighborhood
KENT Agenda Item: Consent Calendar — 7K
TO: City Council
DATE: May 17, 2011
SUBJECT: Interlocal Agreement, Permitting for Tukwila South
Mitigation Site — Authorize
MOTION: Authorize the Mayor to sign an Interlocal Agreement with Tukwila
regarding permitting for the Tukwila South Wetland Mitigation Site, subject to final
terms and conditions acceptable to the City Attorney and Economic and Community
Development Director.
SUMMARY: A large mixed-use development called Tukwila South is proposed to
be located on 498 acres within Tukwila. The project includes wetland impacts and
associated mitigation in Tukwila; however a portion of the mitigation site (one parcel)
is located within Kent. As the Tukwila South development has already undergone
extensive review by Tukwila staff, it is appropriate that the City of Tukwila also issue
permits and review monitoring reports for the parcel in Kent. The attached Interlocal
Agreement grants Tukwila the permitting authority for necessary local permits on the
site. The agreement was drafted in cooperation with Tukwila, and staff feels it
adequately protects Kent's interests while avoiding duplication of efforts.
EXHIBITS: Project Map, Site Map and Interlocal Agreement
RECOMMENDED BY: Economic & Community Development Staff
BUDGET IMPACTS: None
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Figure 9 Tukwila South
Site Map Project EIS
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA
AND THE CITY OF KENT GRANTING PERMITTING AUTHORITY TO TUKWILA
FOR THE TUKWILA SOUTH WETLAND MITIGATION AREA
THIS INTERLOCAL AGREEMENT ("the Agreement") is entered into by and between
the CITY OF TUKWILA, a State of Washington municipal corporation ("Tukwila"), and the
CITY OF KENT, a State of Washington municipal corporation ("Kent") and in conformity with
Chapter 39.34, Revised Code of Washington ("RCW").
RECITALS
WHEREAS, Segale Properties LLC is the proponent of a mixed-use development
project, located within the City of Tukwila, commonly referred to as the "Tukwila South
Project"; and
WHEREAS, as mitigation for certain elements of the Tukwila South Project, Segale
Properties LLC is required to implement a wetland mitigation plan, which plan has been
approved by the City of Tukwila; and
WHEREAS, the majority of the Tukwila South Project is in the City of Tukwila,
however, a portion of the area identified as a wetland mitigation area for the Tukwila South
project is within the jurisdictional limits of the City of Kent. The subject wetland mitigation area
is described in Exhibit A, attached and incorporated herein by reference ("Wetland Mitigation
Area"); and
WHEREAS, pursuant to a separate agreement, Segale Properties LLC has acquired fee
simple interest in and to the drainage ditch previously owned by King County Drainage District
No. 2 (the "District"), which drainage ditch is a single parcel located within the Wetland
Mitigation Area and extends into the jurisdictions of Tukwila, Kent and King County. As part of
its mitigation work, Segale Properties LLC shall relocate the portion of the existing Johnson
Creek ditch north of S. 204a' Street and within Tukwila's jurisdiction to a new area adjacent to
the northern boundary of S. 204a' Street. The east fork of the drainage ditch within Kent's
jurisdiction shall remain unaffected. Upon completion of the above-described revisions, Segale
Properties is required pursuant to its agreement with the District to transfer and convey to the
District the fee simple interest in and to the revised drainage ditch; and
WHEREAS, Tukwila and Kent agree that granting permitting authority to Tukwila on
behalf of Kent for the Wetland Mitigation Area will provide greater consistency for the Tukwila
South project and cost efficiencies for both parties; and
WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act, RCW
39.34;
Page 1
NOW THEREFORE, in consideration of the following recitals and the mutual promises
and covenants contained herein, it is agreed as follows:
AGREEMENT
1. Purpose of Interlocal Agreement. The purpose of this Agreement is to provide an
efficient permitting and monitoring process for the Wetland Mitigation Area to avoid the
inherent uncertainty of two separate review processes.
2. Review and Decision-Making Process for Permitting and Approvals Needed for the
Wetland Mitigation Area.
2.1 Kent shall be responsible for issuing and inspecting any right-of-way or
utility permits for the Wetland Mitigation Area Tukwila shall be solely responsible for
receiving, processing, enforcing, and monitoring all other permits or applications for the Wetland
Mitigation Area pursuant to the Tukwila Municipal Code and any pertinent state and federal
statutes. Tukwila shall verify that the applicant has obtained all state and federal permits required
for the Wetland Mitigation Area
2.2 Tukwila shall require that the applicant record a Sensitive Area Easement,
in a form and manner approved by Kent, containing all critical areas and critical area buffers in
the Wetland Mitigation Area in accordance with Kent City Code 11.06.640. The Sensitive Area
Easement shall allow the District's continued use, repair and maintenance of the drainage ditch
located on parcel number 0322049049.
2.3 Tukwila shall notify Kent when Tukwila sends the project work in the
Wetland Mitigation Area to final acceptance and closeout and begins the monitoring and
maintenance periods.
2.4 Tukwila shall send Kent copies of the following items:
2.4.1 Any permits or approvals issued by Tukwila, state or federal
agencies for the Wetland Mitigation Area.
2.4.2 Any pre-construction meeting notices for the Wetland Mitigation
Area.
2.4.3 Any communication regarding construction and installation
schedule for the Wetland Mitigation Area.
2.4.4 All critical areas mitigation monitoring reports for the Wetland
Mitigation Area.
2.5 For applications that require public notice, Tukwila must include Kent on
Page 2
the list of agencies who will receive notice. Response to the notice will be required for Kent to
be a party of record.
2.6 Tukwila's processing and review of permits and applications for the
Wetland Mitigation Area shall include but not be limited to: rendering decisions to approve,
condition, or deny such applications; conducting inspections; issuing correction notices, permit
extensions and completion of extensions; approving final construction; and evaluating
compliance with approved conditions.
2.7 Tukwila shall process the boundary line adjustment application to be filed
by Segale Properties LLC to effect the changes discussed in the fourth recital, provided however,
nothing herein shall require either Tukwila or Kent to secure King County's consent to the
proposed boundary line adjustment.
2.8 Appeals of any decisions by Tukwila shall be processed by Tukwila pursuant
to applicable Tukwila Municipal Code provisions.
3. Duration and Termination. This Agreement shall begin upon written execution by
both parties and will continue until terminated. Either party may terminate this Agreement by
providing written notice of such intent to terminate at least ninety (90) days prior to the
termination date. Upon termination of this Agreement Tukwila shall provide Kent with a copy
of the files and records of all permit applications received or processed under this Agreement. In
the event of termination, Tukwila agrees to provide any further information or assistance
regarding the Tukwila South project or the Wetland Mitigation Area as Kent may thereinafter
reasonably require. Upon termination, Tukwila shall not be required to assign any portion of its
rights, if any, in performance bonds or other surety pertaining to construction or maintenance
activities to be undertaken in the Wetland Mitigation Area to Kent; provided, however, that
nothing in this Agreement shall be construed to preclude Kent, upon termination, from requiring
Segale Properties LLC to submit a performance bond or other surety pertaining to construction
or maintenance activities to be undertaken in the Wetland Mitigation Area directly to Kent, in
accordance with applicable provisions of the Kent City Code, including, but not limited to Kent
City Code Section 11.06.570.
4. Indemnification.
4.1. Tukwila shall indemnify and hold harmless Kent and its officers, agents,
employees, and elected officials or any of them from any and all claims, actions, suits, liability,
loss, costs, expenses and damages of any nature whatsoever by any reason of or arising out of
any act or omission of Tukwila, its officers, agents, employees and elected officials, or any of
them relating to or arising out of the performance of this Agreement. In the event that any suit
based upon such a claim, action, loss or damage is brought against Kent, Tukwila shall defend
the same at its sole cost and expense, provided that Tukwila retains the right to participate in said
suit if any principle of governmental or public law is involved; and if final judgment be rendered
against Kent or its officers, agents, employees and elected officials, or any of them, or jointly
against Kent and Tukwila and their respective officers, agents, employees and elected officials,
or any of them, Tukwila shall satisfy the same.
Page 3
4.2. Kent shall indemnify and hold harmless Tukwila and its officers, agents,
employees and elected officials, or any of them, from any and all claims, actions, suits, liability,
loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of
any act or omission of Kent, its officers, agents, employees and elected officials, or any of them,
relating to or arising out of the performance of this Agreement. In the event that any suit based
upon such a claim, action, loss or damage is brought against Tukwila, Kent shall defend the same
at its sole cost and expense; provided that Kent retains the right to participate in said suit if any
principle of governmental or public law is involved; and if final judgment be rendered against
Tukwila or its officers, agents, employees and elected officials, or any of them, or jointly against
Tukwila and Kent and their respective officers, agents, employees and elected officials, or any of
them, Kent shall satisfy the same.
5. Dispute Resolution. It is the parties' intent to resolve any disputes relating to the
interpretation or application of this Agreement informally through discussions at the staff level
with the respective departmental Directors and Administrators. In the event disputes cannot be
resolved informally at the staff level, resolution shall be sought by each city's City Administrator
or Chief Administrative Officer, as the case may be, within thirty (30) days of written notice
from either party of a failure to resolve the dispute at the staff level, and if unsuccessful, then the
parties agree to submit the dispute to non-binding mediation/dispute resolution. The
mediation/dispute resolution process shall be determined via mutual agreement of the parties and
the selection of a Mediator must be jointly agreed upon by the parties. Venue for any action
relating to the interpretation or enforcement of this Agreement shall be solely in King County
Superior Court.
6. Independent Contractor. Each party to this Agreement is an independent contractor
with respect to the subject matter herein. Nothing in this Agreement shall make any employee of
Tukwila an employee of Kent, and vice versa, for any purpose, including, but not limited to, for
withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or
any other rights or privileges accorded to either party's employee by virtue of their employment.
At all times pertinent hereto, employees of Tukwila are acting as Tukwila employees and
employees of Kent are acting as Kent employees.
7. Partial Invalidity. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. Any provisions of
this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or
invalidate any other provisions hereof, and such other provisions shall remain in full force and
effect.
8. Assignability. The rights, duties and obligations of either party to this Agreement may
not be assigned to any third party without the prior written consent of the other party, which
consent shall not be unreasonably withheld.
9. No Third-Party Rights. Except as expressly provided herein, nothing in this
Agreement shall be construed to permit anyone other than the parties hereto and their successors
and assigns to rely upon the covenants and agreements herein contained nor to give any such
Page 4
third party a cause of action (as a third-party beneficiary or otherwise) on account of any
nonperformance hereunder.
10. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto and no other verbal or written assurance or promise by any party hereto is effective
or binding unless included in this Agreement. Proposed changes that are mutually agreed to shall
be incorporated by a written amendment hereto.
11. Filing With Auditor. This Agreement shall be filed with the King County Auditor
pursuant to RCW 39.34.040.
CITY OF TUKWILA CITY OF KENT
By: By:
Mayor James Haggerton Mayor Suzette Cooke
Exhibit A—Legal Description of Wetland Mitigation Area in the City of Kent
Page 5
EXHIBIT A
Legal Description of Wetland Mitigation Area
Parcel "A"- TPN 0322049102
Beginning at a stone monument which is the southeast corner of Section 3, Township 22 North,
Range 4 East, W.M., in King County, Washington;
thence S89'36'00"W, along the south line of said Section 3, a distance of 1326.60 feet to the
TRUE POINT OF BEGINNING;thence S89'36'00"W, along said section line, 866.40 feet;
thence N26'08'00"E 1477.50 feet to the south line of South 204t' Street; thence S89'37'00"E,
along said road, 791.30 feet; thence S35'36'00"W 973.80 feet, along the west bank of drainage
ditch;thence S00'38'00"W 522.90 feet, along the west bank of drainage ditch, to the POINT OF
BEGINNING.
Parcel `B"- Portion of TPN 0322049049
Together with those 30 and 40 foot strips lying within the southeast quarter of Section 3,
Township 22 North, Range 4 East, W.M., condemned on the 7h of October, 1905 for drainage
ditch right of way for benefit of Drainage District Number 2 in King County Superior Court
Cause Number 47302.
KENT Agenda Item: Consent Calendar — 7L
TO: City Council
DATE: May 17, 2011
SUBJECT: SR 516 & 4th Avenue Improvements Project — Accept as
Complete
MOTION: Accept the SR 516 and 41h Avenue Improvements Project as
complete and release retainage to Westwater Construction Co., upon standard
releases from the state and release of any liens. The original contract amount was
$568,109. The final contract amount was $559,501.24.
SUMMARY: The SR 516 and 41h 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.
The project came in 1% under the contract award amount.
EXHIBITS: Photo
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: Funding for this project came from Kent Station Mitigation, the
Washington State Department of Transportation and previously budgeted City funds
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KENT Agenda Item: Other Business — 8A
TO: City Council
DATE: May 17, 2011
SUBJECT: Final Assessment Roll, Local Improvement District No. 362
(East Valley Highway), Ordinance (Quasi-Judicial)
MOTION: Move to adopt Ordinance No. , approving and confirming
the assessments and assessment roll of Local Improvement District No. 362.
SUMMARY: Tonight has been set for the final decision on the Local Improvement
District ("LID") 362 — East Valley Highway improvements — assessment roll. Those
property owners who wanted to protest their assessments had an opportunity to file a
protest and appeal their assessment amount before a special board composed of the
Public Works Committee. That hearing is closed, so there will be no further testimony
or argument tonight. Before staff makes its presentation, the City Attorney will first
provide some introductory remarks.
EXHIBITS: Memo, Ordinance, Map & Final Roll
RECOMMENDED BY: Public Works Committee acting as Board of Equalization
BUDGET IMPACTS: None
CITY OF KENT
LAW DEPARTMENT
CIVIL DIVISION
220 4" Avenue South
400 0!00�00"00 Kent, WA 98032
KENT Fax: 253-856-6770
w Rsn,wa'ro.
PHONE: 253-856-5770
Memo
To: City Council
From: Tom Brubaker, City Attorney
Date: May 17, 2011
Re: Local Improvement District 362
Pursuant to RCW 35.44.070, the City Council delegated a special council committee composed
of the members of the Public Works Committee (the council "Committee") to act as the Local
Improvement District (LID) 362 Board of Equalization. The Committee's purpose was to hold a
formal hearing on the LID 362 assessment roll, so that each affected property owner who
wanted to object to their proposed assessment would have their "day in court" to argue and
present evidence why their assessment should be changed.
Notice of the time and place of the hearing and for making objections and protests to the roll
was published within the time and in the manner provided by law, fixing the time and place of
the hearing before the Committee for October 8, 2010, in the Council Chambers in the City
Hall, Kent, Washington. In addition, the City Clerk mailed written notice to each property
owner shown on the roll.
At the time and place fixed and designated in the notice, the Committee held the hearing and
received all written protests. The Committee continued the hearing to November 29th, as to
certain affected parcels, and concluded its hearing on that date. All persons appearing at the
hearing who wished to be heard were heard, and the Committee considered each protest,
evaluating the roll and the special benefits to be received by each lot, parcel, and tract of land
shown upon the roll, including the increase and enhancement of the fair market value of each
parcel of land by reason of the improvement.
After considering the entire record pertaining to the assessment roll, the Committee entered its
Findings, Conclusions, and Recommendations ("Findings') regarding LID No. 362 on April 4,
2011. Of the fifty affected parcels, six property owners filed protests for a total of 13 properties
(some protestors owned multiple properties). The Committee recommended confirming twelve
assessments and adjusting one.
The decision on tonight's ordinance will be based entirely — and only — on the record for this
LID. A complete copy of the record has been in your council office and available for your
review since April15, 2011. Because each protesting party already has had its "day in court"
and has provided testimony to the committee, no further testimony or argument will be allowed
tonight. This is a quasi-judicial matter.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving and
confirming the assessments and assessment roll of
Local Improvement District No. 362 for
construction of improvements along East Valley
Highway (841h Avenue South) from SR 167 to
South 2121h Street as provided by Ordinance No.
3833, and levying and assessing a part of the
costs and expenses thereof against the lots, tracts,
parcels of land and other property as shown on the
assessment roll.
RECITALS
A. The assessment roll levying the special assessments against
the property located in Local Improvement District No. 362 in the City of
Kent, Washington (the "City") has been filed with the City Clerk as
provided by law.
B. The City Council delegated under RCW 35.44.070, a special
committee of the Council composed of the members of the Public Works
Committee (the "Committee") to act as a Board of Equalization and
conduct a hearing on the assessment roll.
C. Notice of the time and place of the hearing on the assessment
roll and for making objections and protests to the roll was published within
1 LID 362
Final Assessment Roll
the time and in the manner provided by law, fixing the time and place of
the hearing before the Committee for October 8, 2010, in the Council
Chambers in the City Hall, Kent, Washington. In addition, the City Clerk
mailed written notice to each property owner shown on the roll.
D. At the time and place fixed and designated in the notice, the
Committee held the hearing and received all written protests. The
Committee continued the hearing to November 2g1h, as to certain affected
parcels, and concluded its hearing on that date. All persons appearing at
the hearing who wished to be heard were heard, and the Committee,
sitting and acting as the Board of Equalization for the purpose of
considering the roll and the special benefits to be received by each lot,
parcel, and tract of land shown upon such roll, including the increase and
enhancement of the fair market value of each parcel of land by reason of
the improvement, considered all protests.
E. After considering the entire record pertaining to the
assessment roll, the Committee entered its Findings, Conclusions, and
Recommendations ("Findings") regarding LID No. 362 on April 4_, 2011.
F. The City Council has considered the record and the Findings,
based upon the record considered by the Committee.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, — Roll Confirmation. The assessments and assessment
roll of Local Improvement District No. 362, established for the purpose of
constructing improvements along East Valley Highway (841h Avenue South)
2 LID 362
Final Assessment Roll
from SR 167 to South 2121h Street, shall be and the same are approved
and confirmed in all things and respects in the total amount of
$2,412,942.02, for improvements including road widening to seven lanes
to include three lanes each direction with a center turn lane; installation of
cement concrete sidewalks; removal and replacement of deteriorated
portions of existing roadway pavement; asphalt overlay; catch basins and
storm drains; driveway approach aprons and curb and gutter replacement
where necessary; traffic signal modification improvements; existing
utilities and other improvements including fire hydrants, power poles,
street light poles, mailboxes, fences and sign relocation and adjustments
as necessary; new channelization; traffic signing; additional storm
drainage including storm water detention and water quality facilities; street
trees; and sewer and water extensions and/or stubs where necessary.
SECTION 2, — Special Benefit. Each of the lots, tracts, parcels of
land, and other property shown upon the assessment roll is determined
and declared to be specially benefited by this improvement in at least the
amount charged against the same, and the assessment appearing against
the same is in proportion to the several assessments appearing upon the
roll. There is levied and assessed against each lot, tract, or parcel of land
and other property appearing upon the roll the amount finally charged
against them as shown on the roll.
SECTION 3, — Findings. The Findings attached as Exhibit "A" are
adopted by the Council and incorporated by this reference.
SECTION 4, —Notice of Roll. The assessment roll as approved and
confirmed shall be filed with the Finance Director of the City for collection,
and the Finance Director is authorized and directed to publish notice as
required by law stating that the roll is in the Director's hands for collection
and that payment of any assessment or any portion of such assessment
3 LID 362
Final Assessment Roll
can be made at any time within thirty (30) days from the date of first
publication of that notice without penalty, interest or cost and that,
thereafter, the sum remaining unpaid may be paid in fifteen (15) equal
installments of principal together with accrued interest. The estimated
interest rate is stated to be 5.5% per annum, with the exact interest rate
to be fixed in the ordinance authorizing the issuance and sale of the local
improvement bonds for Local Improvement District No. 362. The first
installment of assessments on the assessment roll shall become due and
payable during the thirty (30) day period commencing one year after the
date of first publication by the Finance Director of notice that the
assessment roll is in his hands for collection, and annually thereafter each
succeeding installment shall become due and payable in like manner. If
the whole or any portion of the assessment remains unpaid after the first
thirty (30) day period, interest upon the whole unpaid sum shall be
charged at the rate as determined above, and each year thereafter one of
the installments, together with interest due on the unpaid balance, shall be
collected. Any installment not paid prior to expiration of the thirty (30)
day period during which such installment is due and payable shall be
delinquent. Each delinquent installment shall be subject, at the time of
delinquency, to a charge under Kent City Code Section 3.22.030 of a
penalty levied on both principal and interest due upon that installment
equal to the rate fixed in the ordinance authorizing the issuance and sale
of the local improvement bonds for Local Improvement District No. 362
plus five (5) percent. All delinquent installments also shall be charged
interest at the rate as determined above. The collection of delinquent
installments shall be enforced in the manner provided by law.
SECTION 5, — Severability. Should any section, subsection,
paragraph, or sentence, clause or phrase of this Ordinance, or its
application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason or should any portion of this Ordinance be
4 LID 362
Final Assessment Roll
pre-empted by state or federal law or regulation, such decision or pre-
emption shall not affect their validity of the remaining portions of this
Ordinance or its application to other persons or circumstance.
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 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 7, — Effective Date. This ordinance shall be published in
the official newspaper of the City, and shall take effect and be in force five
(5) days after the date of publication.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
5 LID 362
Final Assessment Roll
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of 12011.
APPROVED: day of 12011.
PUBLISHED: day of 12011.
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\Ordinance\LID 362 Final Assessment Roll.docx
6 LID 362
Final Assessment Roll
FINDINGS OF FACT, CONCLUSIONS AND
RECOMMENDATIONS
REGARDING LID 362
(EAST VALLEY HIGHWAY)
Pursuant to notice, the final assessment roll hearing on LID 362 was held on
October 18, 2010 and on November 29, 2010 at Kent City Hall, The hearing was
conducted by the City Council's Public Works Committee consisting of Debbie Raplee,
Dennis Higgins and Ron Hannon. Following the conclusion of the hearing, and
consideration of the testimony and evidence received, the Committee hereby submits the
following Findings of Fact, Conclusions, and Recommendations.
I. FINDINGS OF FACT
A. General Findings
1. LID 362 was formed pursuant to Ordinance 3833, passed by the City
Council on April 17, 2007.
2. The LID was created to construct improvements'to East Valley Highway,
The project was designed to improve and rehabilitate East Valley Highway to the
City's principal arterial standards.
3. The project limits are from SR 167 to the south and South 212"' Street to
the north.
4. East Valley Highway is a principal arterial with an average daily traffic
volume of over 21,000 vehicles. Traffic studies reveal that this volume will
continue to increase in the future.
5. East Valley Highway was three lanes in some areas,but only two lanes in
others, resulting in congestion. A thud lane was needed to relieve congestion.
Consequently, the project has been included in the City's Six Year Transportation
Improvement Program for a number of years.
6. hi addition, the sidewalk system was incomplete and additional sidewalks
were needed for pedestrian safety and to meet City standards. Utility extensions were
also needed to provide a connection point outside of the new roadway section for
unserviced properties.
FINDINGS OF FACT,CONCLUSIONS AND RECOMMEN DA'MONS
LID 362(LAST VALLEY WGIdWAY)
Page r of 8
7. A more detailed explanation of the project and the improvements is set
forth in the staff report from the City Engineer to the Public Works Committee,
dated August 5, 2010, attached hereto as Exhibit 1 to this document.
B. Findings as to specific properties
1. Fifty properties were included within the boundaries of the LID, A list of
the properties, property owners, and individual property assessments is
attached hereto as Exhibit 2 to this document.
2. Notices of objection to the LID lnal assessment roll were filed by six
parties identified in paragraph 3, below.
3. Objections were filed by the following persons:
a. Caraccioli. Assessment no. 1. Carlo Caraccioli, adult son of the
property owner, raised questions concerning the accident history in the
vicinity of his mother's property, which serves as her residence, and asked
how the improvements would provide a benefit to the property since there
was a low accident history ill front of the property. Mr. Caraccioli
acknowledged that there were some benefits derived from the LID, but
disagreed with the approach and conclusions of the City's appraisers. He
also stated that the City increased the assessment for the property from the
time of the preliminary assessment to the time when the final assessment
roll was completed. He further stated that change orders for the project
fiuther increased the amount of the assessment.
John Truernan, an MAI appraiser hired by the owner, provided a written
report and oral testimony concerning the subject property. Mr. Trueman
stated that a lack of sales data made appraisal of the property difficult. He
agreed with the valuation determination made by the City's appraiser
regarding the "before" value of the property, but disagreed with the City's
appraiser in regard to the "after" value of the property. In Mr. Trueman's
view, the sales information that was available indicated a property value of
$10 per square foot, not the $15 per square foot value determined by the
City's appraiser.
In response to Mr. Caaccioli's testimony, City Engineer, Chad Bieren,
testified that, because federal funds were used to pay for pat of the
project, the City had all initial MAI appraisal performed on the LID
properties later followed by a review appraisal. .Mr. Bieren stated that the
preliminary and final assessment amounts were identical and that the
change orders for the project did not affect the amount of the property
assessments.
FINDINGS OF PACT,CONCLUSIONS AND RECONIMENDA'FIONS
LID 362(EAST VALLEY DIGMVAV)
Page 2 of 8
Robert Macaulay, an MAI appraiser, performed the review appraisals for
the City. Mr. Macauley presented oral testimony and a written report on
the subject properly. His report explained that a single-family residence is
currently located on the subject property and that the building and
improvements on the property were near the end of their economic life.
He noted that the current, residential use was nonconforming in that the
land is zoned Gateway Commercial. The highest and best use of the
property, he stated, was for commercial development. He further stated
that redevelopment of the property would be contingent on construction of
road infrastructure, including a sidewalk and a third traffic lane. In
addition, extension of utilities would be necessary. According to Mr.
Macauley, if the property owner had to construct frontage improvements
on their own, the cost would be approximately $90,000. The assessment
to the property, however, was $65,000. Also, he stated that, without the
LID project, the neighborhood would not have the aesthetic appeal and
continuity the improvements provide. Mr. Macauley concluded that the
market value of the property would increase at least as much as the LID
assessment amount.
b. Smith. Assessments no.'s 2 — 6. Testimony was presented by:
owner, John Smith; realtor, Scott Carter, and attorney, Michael Reynolds.
Mr. Smith testified that parcels 3, 4, 5 and 6 had recently been sold at a
foreclosure sale to Sterling Bank. Only parcel no. 2 remains in his
ownership.
Mr. Carter testified that he is a real estate broker who has worked with Mr.
Smith for a little over a year to market the properties. In his view, the LID
assessment had devalued the properties, On cross-examination, he
acknowledged that he is not a licensed appraiser, did not perform au
appraisal of the property, nor comply with the requirements of state law
(RCW 18.140.020) necessary to give a broker's opinion.
The owner's attorney, Michael Reynolds, presented oral and written
argument challenging the Cormnittee's and the City Council's authority to
decide the final assessment role. Mr. Reynolds stated that the City has
budget problems and that the decision-makers on the City budget are the
Council members. He said that, if the City pays less toward the cost of the
LID improvements then the property owners would have to pay more.
Therefore, in Mr. Reynold's view, the party responsible for the budget
should not be making a decision on the LID that may benefit the City. He
stated that to do so would violate the State Appearance of Fairness Law
(RCW Chapter 42.36),)
State law,RCW Chapter 35.44, expressly authorizes the City Council,or a cornmiuee of the Council, to
conduct the hearing on the final assessment roll.
FINDINGS OF FACT,CONCLUSIONS ANTI DF:COMMEN DATIONS
LID 362(EAST VALLEY HIGHWAY)
Page 3 of 8
Robert Macaulay, the City's appraiser, was called to testify in rebuttal.
Mr. Macaulay had prepared a written report on parcels 2 - 6 and offered
oral testimony regarding those properties. He noted that parcel 6 was the
only improved parcel, with an office-warehouse located upon it. He stated
that the remaining parcels would sell either as access land or in
conjunction with the redevelopment or expansion of parcel 6. Mr.
Macaulay stated that he performed a special benefits analysis on the
property and determined that the City's LID assessment W iount was
reasonable.
C. Tan. Assessment no. 14. At the October 8(" hearing, the daughter
of the property owners, Roger and Narden Tan, appeared and requested a
continuance of the hearing due to the fact that her parents were out of the
country. The Committee agreed to grant a continuance to the Tans so that
they could be present to provide testimony on November 29"'. At the
November 29`)' hearing, the Chair called for the owners to provide their
testimony. The Tans were not present at the hearing and no one appeared
on their behalf. It was also noted that no written submittals had been
received from the Tans.
d. RSD Knight, LLC. Assessment no. 26. Property owner, John
Phillips and his appraiser, Jim Price,presented testimony.
Mr. Phillips stated that there were two issues of concern to him: he did not
see any increase in value to his property as a result of the LID
improvements; and he was assessed for a sidewalk even though a
previously existing sidewalk had been removed by the City some years
earlier.
Mr. Price, a MAI appraiser, presented oral testimony and a written report.
Mr. Price stated that he had reviewed a nurnber of comparable land sales
and concluded that there was a benefit to the property in the amount of
$10,000 --- which was $23,477 less than the assessment amount. He also
stated that, given the location of the property, a primarily industrial area,
the sidewalk did not provide a benefit to the property.
On cross-examination, it was pointed out to Mr. Price that, across 84°i
Street, there were some shops and a restaurant. In reply, Mr. Price stated:
in that case, there might be some benefit provided by the sidewalk
Robert Macaulay, the City's appraiser, presented oral testimony and a
written report on the subject property. He noted, in his report and
testimony, that any expansion or significant renovation of the property
would require construction of the types of improvements constructed by
the LID. IIe stated that the fact that the improvements were already
FINDINGS 01+FACT,CONCLUSIONS AND RECOGtMENDA'I'IONS
LID 262(FAST VALLEY HIGHWAY)
Y
Page 4 of 8
constructed would be taken into account by a purchaser. Mr. Macaulcy
concluded that the LID assessment for the property was appropriate.
e. Holm. Assessment no.'s 31, 32, 33, 34 and 35. Susan Cole, a
tenant of the property, presented testimony in opposition to the LID
assessment. The owner of the property, Terry IIolm, did not appear at the
hearing or present any written testimony.
Under the terms of Ms. Cole's lease, she is responsible for payment of any
property assessments. She testified that the LID improvements provide no
benefit to her business (Bubba's Place restaurant) but, instead, resulted in
a loss of business due to the LID construction limiting access to the
property resulting in customers going elsewhere,
Ms. Cole did not present testimony or a report from an appraiser.
On cross-examination, Ms. Cole was asked whether she was aware that
the property owner had been compensated for the loss of access and
parking. She stated that her lease was for the building only, not parking.
Robert Macaulay, the City's appraiser, presented oral testimony and a
written report on the subject property. He concluded that the LID
assessment was appropriate
f MV Motels, Inc.. Assessment no. 52. Testimony in opposition to
the LID assessment was presented by the owner, Vasram Limbasia, and
his appraiser, Mr. Jolun Trueman, MAI.
Mr. 'fiucman performed an appraisal of the property aid his findings were
set forth in a written report dated October 1, 2010. Based on his review of
property sales in the area, he felt there was not enough information to
provide a paired sales analysis to determine the value increase attributable
to the LID improvements. He stated, however, that the subject property
and neighborhood had experienced an increase both in current value and
in appeal due to the LID project. He estimated the increase in value by
using a national cost estimate handbook issued by Marshall Valuation
Service. It was his opinion that a fair assessment for the property was
$33,600 rather than the LID assessment of$82,094.55.
Robert Macaulay, the City's appraiser, presented oral testimony and a
written report on the subject property. hi carrying out his review of the
property, Mr. Macauley testified that he primarily looked at the land value
and made an estimate of the market value for the property before and after
the LID improvements were constructed. He also looked at land sales in
the area. He stated that the frontage improvements constructed would be
necessary if the property owner were to renovate, expand or redevelop the
FINDINGS or vAC'Y,CONCLUSIONS AND RECOMMENDATIONS
LED 362(EAST VALLEY MGMAY)
Page 5 of 8
property; and that is something the market looks at and considers when
property is purchased. He further stated that the amount of the LID
assessment was lower than the cost of the improvements if constructed
today. In his opinion, the fact that the entire project was completed at the
same time enhanced the market appeal of the property.
Mr. Macauley concluded that the LID assessment was appropriate
II. CONCLUSIONS
A. General conclusions
1. Any conclusion deemed to be a finding shall be considered as such. Any
finding deemed to be a conclusion shall be considered as such.
2. LID assessments must be based on the special benefits that properties
acquire as a result of improvements to the area. RCW 35.44.010. Special
benefits are determined by comparing the fair market value of each
property before and after the improvements are made. Tiffany Family
Trust Corp. v. City of Kent, 155, Wash. 2d 225 (2005). Once it is
determined that a property is specially benefited, any LID assessment
must be logically related to, and cannot exceed, the special benefit
amount. RCW 35.44.010; RCW 35.51.030(2). The property owner has
the burden of proof of producing evidence to rebut these presumptions.
3. If the property owner presents sufficient evidence to rebut the
presumptions, generally through appraisal testimony or other evidence of
property value, the City has the burden of showing special benefits to the
property. Bellevue Plaza v. Bellevue, 121 Wash. 2d 397 (1993),
4. The special benefit analysis performed by the City more fairly represents
the special benefits to the properties within the LID boundaries than the
zone and termini valuation method.
5. The City followed the applicable legal requirements for providing notice
to the affected property owners.
B. Conclusions as to particular properties
The following property owners have failed to overcome the presumptions in favor
of the City's final assessment roll: Caraccioli, assessment no. 1; Smith, assessment no,'s
2, 3, 4, 5, 6; Tan, assessment no. 14; Holm, assessment no.'s 31, 32, 33, 24 and 35; and
MV Motels, Inc., assessment no. 52.
FINDINGS OR FACT,CONCIASIONS AND RECOMMENDATIONS
LID 362(EAST VALLEY HIGMVAY)
Page 6 of 8
1. Caraccioli
a) Ms. Caraccioli's appraiser stated, in his report, that the subject site
and neighborhood had experienced an increase in current value and appeal
based upon information contained in a national cost estimate handbook,
whereas the City's review appraiser considered local conditions when
calculating value. The latter is more persuasive.
b) Ms. Caraccioli may be entitled to an exemption from payment of
the assessment and the Committee reconvmends that the City Attorney
provide Ms. Caraccioli with information regarding the process for
claiming an exemption.
2. Smith
a) Mr. Smith is the owner of a single property, assessment no. 2, due
to foreclosure on his other properties.
b) Mr. Smith's argument that the City Council was barred from
making a decision on the final assessment roll due to the Appearance of
Fairness law is dismissed. State law, RCW Chapter 35.44, expressly
authorizes Council to participate in the decision-making process.
c) Mr. Smith failed to provide valuation testimony from a licensed
appraiser, as detected by the Committee.
3. Tam
The property owners failed to appear at the hearing or provide any
information concerning their property.
4. Holm
Mr. Hokin, the property owner, did not protest the assessment of his
property nor appear at the hearing.
Susan Cole, the tenant renting the building on the property, was the sole
person to appear at the hearing and provide testimony concerning the property.
Ms. Cole failed to provide valuation testimony from a licensed appraiser, as
directed by the Connmittec.
5. MV Motels, Inc.
The property owner's appraiser incorporated generic data into his
valuation making it less persuasive than the data compiled by the City's
appraisers. In addition, the City's valuation took into better account the market
FINDINGS OF FACT,CONCLUSIONS AND RECOMMENDATIONS
LID 362(EAST VALLEY EUGHWAY)
Page 7 of 8
forces that have reduced the value of the property from $15 per square foot to
$9.25 per square foot.
The following property owner is entitled to partial relief: RSD Knight, LLC,
assessment no. 26.
6. RSD Knight,LLC
A sidewalk serving the property did exist at one time and it was removed
by the City. The cost of a new sidewalk should be the responsibility of the City,
not the owner.
III. RECOMMENDATIONS
Based upon the record before the Committee, and the foregoing findings and
conclusions, the Committee makes the following recommendations:
1. All assessments should remain as set forth on the Final Assessment Roll
except the assessment for RSD Knight, LLC.
2. All protests should be denied, except that of RSD Knight, LLC.
3. The assessment for RSD Knight, LLC should be reduced by the amount
attributable to the cost of the new sidewalk, i.e., $9,994.01.
DATED tbis T day of 69rl' ( 12011.
CITY OF I ENT PUBLIC WORKS COMMITTEE
Debbie Raplee,CAair Dennis Higgix �� Roi on
FINDINGS Or PACT,CONCLUSIONS AND RECOMMENDATIONS -
LID 362(EAST VALLEY IRGE WAY)
Page 8 of 8
PUBLIC WORKS DEPARTMENT.
Timothy ]. LaPorte P,E., Public Works Director
Phone: 253-856-5500
O Fax: 253-856-6500
ll Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: August 5, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 16, 2010
From: Chad Bieren, City Engineer
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: Local Improvement District (LID) 362: Set Hearing Date for
Confirmation of Final Assessment Roll/East Valley Highway (SR
167 to S. 2121" Street)
Motion:
Move to recommend that the City Council set October 5, 2010 at 3:00
p.m. in the Kent City Council chambers, as the date, time and place for the
public hearing to confirm the final assessment roll for Local Improvement
District No. 362, and to designate the Public Works Committee to act as
the Board of Equalization for that hearing.
Summary:
The East Valley Highway project was on our 6-year Transportation Improvement
Program for some time for widening and rehabilitation of the pavement. The City
Engineering Section was very successful in obtaining grants for the project and
received 6 grants totaling just over 4 million dollars from 4 funding partners. Also,
properties representing 37 percent of the assessment had signed no protest L.I.D.
Covenants and Environmental Mitigation Agreements for road improvements.
The preliminary L.I.D. hearing was held on March 20, 2007 and the City Council
passed the ordinance forming the L.I.D. and directed staff to proceed with the
project. The project is now nearly complete and the Public Works Department would
like to close out the L.I.D. Sidewalks, acceleration / deceleration lanes and utilities
are considered a special benefit to the local properties and provided the basis for the
L.I.D assessments.
Budget Impact:
The construction is near completion and we are ready to finalize the L.I.D. The
total final assessment is $2,422,936.03 which is the same as the preliminary
assessment. The next step is to schedule the public hearing on the confirmation of
the final assessment roll.
For additional information and details about the project ' and the
L.I.D., see Attachment 'A'.
I
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;
ATTACHMENT `A'
XMIRROVEMENlTS FOR EAST VALLEY HIGHWAY:
i
East Valley Highway was a 5 lane road with 2 lanes in each direction and a center
turn lane, A third through lane existed at some locations but tapered back to 2
lanes, The project improved and rehabilitated East Valley Highway to the City
principal arterial standard. The overall project limits are SR 167 to the south and S.
212th Street to the north. See the attached project map. The roadway
improvements included:
Widening to 7 lanes (3 lanes each direction with a center turn lane).
Installation of cement concrete sidewalks where sidewalks did not exist and
replacement of existing sidewalks where the road was being widened,
Included was sidewalk installation on the north side of S. 216t" Street from
East Valley Highway to approximately 565 feet west of the center line of East
Valley highway to connect to the existing sidewalk on S. 216t".Street,
® Deteriorated portions of.the existing .roadway pavement_ were removed and
replaced.
The entire roadway area received an asphalt overlay.
e Catch basins and storm drains, driveway approach aprons and curb and gutter
were replaced where necessary.
® Traffic signals were modified and upgraded to accommodate the widened
road,
a Existing.utilities and other improvements such as fire hydrants, power poles,
street light poles, mailboxes, fences and signs were relocated or adjusted as
necessary.
New channelization
New traffic signing
New illumination system. .
9 Additional storm drainage including storm water detention and water quality
facilities.
® Street trees and hydroseeding of unpaved areas.
Nine properties received sewer and or water extensions and or stubs.
Temporary erosion and sedimentation control facilities during construction.
NEED FOR THE IMPROVEMENTS:
East Valley Highway is a principal arterial with an average daily traffic volume of
over 21,000 vehicles. Based on traffic studies this volume is expected to continue to
increase in the future, There .was a third lane in some areas (installed by the
adjacent property owners upon development), .however, it narrowed back to two
lanes in places creating congestion. The third lane is needed throughout the project
limits. Because of this need, this project was included in the,_City's Six. Year
Transportation ,Improvement Program for a number of years,
2
EMLLDfinalmemo.doc/mkv
File 70.4 - - -
Project#03-3009
The sidewalk system was incomplete; therefore additional sidewalk was needed for
pedestrian traffic and to meet City standards.
Utility extensions were needed to provide a connection point outside of the new
roadway section for unserviced properties. This eliminated the need to cut into the
roadway section in the future when utility connections are needed. This will also
reduce future connection costs for those properties.
The project: ,
• Provided needed north-south capacity to the existing traffic system along the
East Valley highway corridor.
• Improved movement of freight through the corridor.
• Improved ingress and egress for the adjacent properties.
• Provided a safer route for pedestrians and bicycles.
• Encourages increased use of transit.
Adds additional service life to the roadway"pavement.
• Improves the road to City principal arterial standards.
• Provides the improvements specified in previously executed L.I.D. covenants
and EMA's and will provide the improvements that will be required of future
developments along East Valley Highway.
• Provides utility access for unserviced properties.
FUNDING:
The L.I.D. component assessments are as follows:
Third Lane $ 1,600,000,00-
Sidewalk $ 411,711.00
Utility Extensions $ 191,621.04
Overlay Agreements $ . 219,603.99
TOTAL $ 2,422,936.03
The City purchased a vacant property within the project to construct the storm
water detention and treatment facilities, The assessment for this property is
$19,644.39 which. the City will pay.
ASSESSMENT METHOD:
The assessments take into consideration the entire project, including the additional
lane and sidewalk. Some properties within the L.I.D. boundary are assessed for the
third . lane and sidewalk improvements, some for only one if the. lane or sidewalk
already exist, and .some properties receive a zero assessment where the street
frontage already has both the additional lane and sidewalk. If the improvements
exist across a portion of the property, only the portion without the improvement is
included in the assessment calculation. Properties without .street frontage are_ not
assessed for sidewalk.. There are properties along East Valley Highway within the
project limits that are not within the proposed L.I.D. boundary. These propertiesare
to the north and south of the L.I.D. area and already have the additional lane .
3
E MLIDj4n almemo.doom kv -
File 70.4
Project#03-3009 _ -
and sidewalk so these properties cannot be assessed for these improvements.
Several properties are also assessed for utility work or asphalt overlay of the
existing roadway.
The total LI.D. amount for each assessment category is distributed to the benefiting
properties based on a square footage formula. The rate per square foot is reduced
with distance into the property (away from the roadway) and is the lowest at the
rear. The rate decreases with each 100 feet of property depth from the future
frontage property line. This method is included in the state law governing L.I.D.
assessments,
Utilities (water and sewer), where required, are assessed at 100 percent of the
estimated cost to the property serviced. The grants do not cover utilities.
Three properties have executed asphalt overlay agreements with the City to share a
cost of the asphalt overlay portion of the project. These assessments are based on
the agreement and the estimated cost for the work.
SPECIAL BENEFIT TO L.I.D. PROPERTIES:
- When discussing L.I.D. projects, benefit received is an important issue, since benefit
is the basis for the L.I.D. assessment. Benefit is defined as the increase in property
value brought about as a direct result of the L.I.D. improvements. L.I.D.
assessments can be less than or equal to the benefit received.
Street frontage improvements benefit the property and are necessary for
development or redevelopment. .These improvements provide the basis for the
L.I.D. assessments. The City requires street frontage improvements in accordance
with City ordinance as a condition of development and or redevelopment for
properties located on streets where improvements are planned,
Previously, various properties within the project area have executed No Protest
L.I,D, Covenants for road improvements in conjunction with their seeking a
development permit in lieu of actually constructing the improvements. However,
others have actually constructed improvements at the time of development. The
proposed project and local improvement district will provide the necessary
improvements to satisfy future street improvement requirements.
The City has taken the lead on improving East Valley. Highway and placed the
project on .the City's Six Year Transportation Improvement Program: This allowed
the City to obtain grant funds to pay for a large portion of the roadway improvement
costs, The grant funds help to reduce the cost of the improvements to the property
owners and lower the L.I.D. assessments, Without the grant funding, the properties
would be faced with a larger cost for the frontage improvements:
The grant funding mentioned represents the benefit to .the City and general public.
The L.I.D assessment however, is for the special benefit to the local properties.
4
EF=finaimemo.dodmkv -
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Project V03-3009 -
PAYMENT OF ASSESSMENT:
Upon Council passing the Ordinance confirming the Final Assessment Roll, there is a
30-day period in which any portion or all of the assessment can be paid without .
interest charges. After the 30-day period, the balance is paid over a fifteen-year
period wherein each year's payment is one-fifteenth of the principal plus interest on
the unpaid balance. The first yearly payment is due one year after the 30 day
period. The property owner will receive a billing notice from the City each year. .
5
EVHLLDfinalmema.dodmkv
File 70.4 .,
Project#03-3009
LID 362 Assessments per Parcel
Assm't# Tax Payer Name LANE$ S/W$ OVERLAY$ UTILITIES$ 216TH S/W$ GRAND TOTAL
1 Julius Caraccioll $48,926.5D $15,791.34 $64,717.84
2 Jahn L Smith $27,489.34 $B,872.36 $21,664.35 $58,026.05
3 Jahn L Smith $23,915.73 $7,718.95 $18,847.99 $50,482.67
4 John L.Smith - $27,189.34 $8,872.36 $21,661.35 $58,026.05
5 John L.Smith $16,550.75 $0.00 $13,043.65 $29,594.40
6 John L.Smith $27,970.40 $0.00 $27,970.40
7- Northwest United Prop LLC $B6,450.36 $0.00 $B6,450.36
8 Willow Vista Estates LLC $73,503.51 $0.00 $73,503.51
9 Willow Vista Estates LLC $11,940.48 $0.00 $11,940.48
10 Sharam Family Trust $65,012.29 $14,959,26 $79,971.55
it Bitrey-Grouws Company $24,970.45 $O.DD $24,970.15
12 Campbell Callen B+Mel Young $8,614.65 $0.0D $8,614.65
13 2310 Investments,Inc, - $29,569.70 $0.00 $39,087,44 $68,657.14
14 Roger&Narden Tan $32,392.57 $10,454.91 $16,213,26 $59,060.74
15 Z310 Investments,Inc. $55,104.07 $15,590.11 $80,694.18
16 C4 of Kent $19,644.39 $0,00 $19,644.39
17 OP Business Park LLC%Rege $23,044.02 $7,437.60 $30,481.63
18. Alvin L&Elleen R Atchely $15,910.36 $5,135.17 $21,045.53
19 OP Business Park LLC%Rage $'44,718.83 $14,433.28 $59,152.1.1
20 Group Eight $39,309,39 $12,687.36 $51,996.75
21 Rreef America,Relt E Inc. $5,581.06 $937.90 $6,518.96
22 Rreef America not II Inc. $34,210.48 $11,041.65 $45,252.13
23 Rreef America Reit II Inc. ' $36,771.33 $11,868,18 $48,639.51
24 Rreef America Relt II Inc. $245,207.97 $83,91B.27 $329,126.23
25 Kent 84 LLC $12,616.94 $0.00 $12,616.94
26 RSD Knight LLC $23,48313 $9,994.01 $33,477.14
27 CBGPK Partnership $31,103.10 $10,038.72 $41,141.83
28 Gary L.Jackson $25,728.21 $8,303.94 $34,032.16
29 Mary K.Roberts $22,B10.73 $7,362.31 $30,173.03
30 Univar USA $3,670.93 - $1,249.37 $5,120.30
31 Terry L.Holm $5,148.83 $1,661.82 $6,810,64
32 Terry L.Holm $6,152.55 $1,985.77 $8,138.32
33 Terry L.Holm - $19,173.81 $6,18B.47 $25,362.28
34 Terry L,Holm $5,213.93 $1,682.83 $6,896.7G
35 Terry L Halm $10,091,48 $3,257.09 $13,348.57_
36 Griffin Jason $68,886.84 $0.00 $27,941.99 $96,828.83
37 UPS Ground Freight $119,555.15 $38,587,18 $11,711.03 $169,853.37
38 RLR Investments LLC . $0.00 $0.00 $0,00
39 Cabot II-walm01 LLC $20,682.36 $0.00 $20,682.36
40 David's Property Management $O.DO $0.00 $0.00
41 Chris Pails/Pallis Investments $34,468.74 $11,125.00 - $45,593.74
42 Chris Pallis/Pallis Investments $14,312.54 $11,443.88 $30,550,00 $56,306.43
43 Flying Horse Properties LLC $O.E$23,535.10
00 $0.00
44 Xuan K.Truong $O0I $0.00 - -
45 AMB Property LP $0. 00 $129,463.00 - $129,483.00
46 Robinslon Investment $0. 00 $30,550.00 $30,550.00
47 RobPSIDn Investment $0. 00 $0.00
48 - Budget Truck Rental LLC - $53,712. 35.10 $77,247.8249 Les Schwab Tire Centers of Washington $O. 00 $62,179.00 $62,17g.00
SO TSP Kent LLC $0, 00 . - $0.00
51 Blue Water Properties 4 LLC $27,94b21.23 - $40,461.25
52 MV Motels Inc. $60,749. 344.56 $82,094.55
Total $1,600,000.00 $400,000.00 $219,603.99 $191,621.04 $11,711.03 $2,422,936.06
S.212TH ST.
zs
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52
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LEGEND: S.224TH ST.
Ot LID ASSESSMENT NUMBER
* L.I.D. NO PROTEST COVENANT OR EMA 20T
O KENT
F
ASPHALT OVERLAY PARTICIPATION AGREEMENT EemxEERum PEPAm CITY tNT . 22 a+u AVE. S. . a.l WA ..o12
W WATER MAIN -I L.I.O. 362 ASSESSMENT MAP
EAST VALLEY HIGHWAY
S SANITARY SEWER (SR 167 TO S. 212TH ST)
City of Kent
LID 362 - Final Assessment Roll
East Valley Highway Improvements (SR 167 to S. 212th St.)
Final
Assmt# Property Owner Name Address Parcel# Assessment
1 Caraccioli Julius 22138 84TH AVE S 775780-0030 $ 64,717.84
KENT WA 98031
Caraccioli Julius 21822 84th Ave S
Kent WA 98031
Legal Description
3 SHINNS CLOVERDALE ADD TO KENT W 277 FT OF 3 LESS N 100 FT OF W 250 FT THOF LES
S ST
2 Smith John L P O BOX 2670 775780-0032 $ 58,026.05
RENTON WA 98056
Legal Description
3 SHINNS CLOVERDALE ADD TO KENT N 100 OF W 250 FT LESS W 12 FT FOR ST
3 Smith John L PO BOX 2670 775780-0041 $ 50,482.67
RENTON WA 98056
Legal Description
4 SHINNS CLOVERDALE ADD TO KENT S 87 FT OF W 250 FT LESS ST
4 Smith John L PO BOX 2670 775780-0043 $ 58,026.05
RENTON WA 98056
Legal Description
4 SHINNS CLOVERDALE ADD TO KENT N 100 FT OF S 187 FT OF W 250 FT LESS ST
5 Smith John L PO BOX 2670 775780-0042 $ 29,594.40
RENTON WA 98056
Legal Description
4 SHINNS CLOVERDALE ADD TO KENT FOR BEG AT PT 250 FT E OF NW COR TH E 235 FT TH
SLY TO PT ON S LN 488 FT E OF SW COR TH W 238 FT THIN TO BEG LESS N 90 FT
6 Smith John L PO BOX 2670 775780-0044 $ 27,970.40
RENTON WA 98056
Legal Description
4 SHINNS CLOVERDALE ADD TO KENT N 90 FT OF W 485 FT AS MEAS ALG N LN LESS FOR OF
N 90 FT LY S OF N LN OF S 187 FT OF W 250 FT THOF LESS CO RD
7 Northwest United Prop LLC 28727 PACIFIC HWY S 775780-0055 $ 86,450.36
FEDERAL WAY WA 98003
Legal Description
5 SHINNS CLOVERDALE ADD TO KENT W 350 FT LESS ST
8 Willow Vista Estates LLC 11326 RAINIER AVE S 775780-0050 $ 73,503.51
SEATTLE WA 98178
Legal Description
9/22/2010 12:50:40 Page - 1 R55LD020
City of Kent
LID 362 - Final Assessment Roll
East Valley Highway Improvements (SR 167 to S. 212th St.)
Final
Assmt# Property Owner Name Address Parcel# Assessment
5-6&13&16 SHINNS CLOVERDALE ADD TO KENT LOT 5 LESS W 350 FT TGW LOT 6 LESS N
209 FT OF W 300 FT TGW FOR LOT 13&W 1/2 OF LOT 16 LY N OF ELY PROD OF S LN OF
LOT 5
9 Willow Vista Estates LLC 11326 RAINIER AVE S 775780-0073 $ 11,940.48
SEATTLE WA 98178
Legal Description
7 SHINNS CLOVERDALE ADD TO KENT LOT 3 KENT SP 77-35 REC AF NO 78050111131 SD SP
DAF S 2 AC LESS ST AKA FOR SPC 77-33
10 Sharam Family Trust II PO Box 2401 775780-0060 $ 79,971.55
KIRKLAND WA 98083
Legal Description
6 SHINNS CLOVERDALE ADD TO KENT N 209 FT OF W 300 FT LESS ST
11 Bitney-Grouws Company P O BOX 738 775780-0071 $ 24,970.45
RENTON WA 98057
Legal Description
7 SHINNS CLOVERDALE ADD TO KENT LOT 1 KENT SP 77-35 REC AF NO 78050111131 SD SP
DAF S 2 AC LESS ST AKA FOR SPC 77-33
12 Campbell Cailen B+Mei Young 6925 SE 33RD ST 775780-0074 $ 8,614.65
MERCER ISLAND WA 98040
Legal Description
7 SHINNS CLOVERDALE ADD TO KENT LOT 2 KENT SP 77-35 REC AF NO 78050111131 SD SP
DAF S 2 AC LESS ST AKA FOR SPC 77-33
13 2310 Investments, Inc. 3421 Bella Vista Ave S 775780-0072 $ 68,657.14
Seattle WA 98144
Legal Description
7 SHINNS CLOVERDALE ADD TO KENT LESS S 2 ACS LESS W 252 FT OF N 117.24 FT LESS S
T
14 Tan Roger+Naren 17418 55TH PL W 775780-0070 $ 59,060.74
LYNNWOOD WA 98037
Legal Description
7 SHINNS CLOVERDALE ADD TO KENT N 117.24 FT OF W 252 FT LESS ST
15 2310 Investments Inc 3421 Bella Vista Ave S 775780-0080 $ 80,694.18
Seattle WA 98144
Legal Description
PORTION 8 SHINN'S CLOVERDALE ADDIT TO KENT TRACT 8 EXC PORTION LYING NLY&WILY O
F FOLLOWING DESC LINE: BEG AT POINT ON S LINE SAID TRACT 8 WHICH IS 12 FT ELY OF
WEST LINE OF SAID TRACT 8 TH NLY PARALLEL WITH SAID W LINE TO POINT WHICH IS 19
FT SLY OF N LINE OF SAID TRACT 8 TH NELY TO POINT ON N LINE OF SAID TRACT 8 WHI
9/22/2010 12:50:40 Page - 2 R55LD020
City of Kent
LID 362 - Final Assessment Roll
East Valley Highway Improvements (SR 167 to S. 212th St.)
Final
Assmt# Property Owner Name Address Parcel# Assessment
CH 50 FT FROM NW CORNER THEREOF AS CONVEYED TO CITY OF KENT BY DEEDSUNDER RECORD
ING NOS 7212290022&7212290023; &EXC PORTION LYING WILY&NLY OF FOLLOWING DESC
LINE: BEGIN AT ORIGINAL NW CORNER OF SAID TRACT 8 TH EAST ALONG N LINETHEREOF 1
2.00 FT TH SOUTH PARALLEL WITH W LINE THEREOF 75.45 FT TO TPOB TH N08-13-19E 45.
58 FT TO POINT ON CURVE TO RIGHT WITH RADIUS OF 42.50 FT TH ALONG SAID CURVE TO
RIGHT ARC DISTANCE OF 63.08 FT TH N88-52-05E 444.85 FT TH S88-24-49E 200.09 FT T
O POINT ON CURVE TO RIGHT WITH RADIUS OF 90.50 FT TH ALONG SAID CURVE TO RIGHT A
RC DISTANCE OF 79.69 FT TH S39-42-04E 29.90 FT TO POINT ON E LINE SAID TRACT 8&
TERMINUS OF LINE AS CONVEYED TO CITY OF KENT BY DEED UNDER RECORDING NO 9508231
226
16 City of Kent Attn: Finance &Cust Svc 775780-0091 $ 19,644.39
220 4th Ave S
Kent WA 98032
Legal Description
FOR 9 SHINNS CLOVERDALE ADD TO KENT S 90 FT OF W 244 FT OF TRACT 9 LESS W 12 FT
FOR 84TH AVE S&LESS FOR CONV TO CITY OF KENT UNDER REC NO 9008061003
17 OP Business Park LLC % Rege 775780-0090 $ 30,481.63
PO Box 53402
Bellevue WA 98015
Legal Description
FOR 9 SHINNS CLOVERDALE ADD TO KENT W 258 OF TRACT 9 LESS S 90 FT&LESS N 85 FT
&LESS W 12 FT COND FOR 84TH AVE S(KING CO SUP CT CAUSE#750477)--AS DELINEA
TED PER UNNUMBERED CITY OF KENT LOT LINE ADJUSTMENT(CORVI CONST LLA)APPROVED 0
3 DEC 1982
18 Atchley Alvin L+Eileen R PO BOX 1165 775780-0094 $ 21,045.53
KENT WA 98035
Legal Description
FOR 9 SHINNS CLOVERDALE ADD TO KENT W 147 FT OF N 85 FT OF TRACT 9 EXC W 12 FT C
ONVEYED FOR 84TH AVE S BY DEED UNDER RECORDING NO 7209150098
19 OP Business Park LLC % Rege 775780-0100 $ 59,152.11
PO Box 53402
Bellevue WA 98015
Legal Description
FOR 9&10 SHINNS CLOVERDALE ADD TO KENT W 276 FT OF S 125.2 FT OF TRACT 10 LESS
W 12 FT CONV FOR 84TH AVE S TGW N 85 FT OF W 258 FT LESS W 147 FT THOF OF TRACT
9--AS DELINEATED PER UNNUMBERED CITY OFKENT LOT LINE ADJUSTMENT(CORV1 CONST
LLA)APPROVED 03 DEC 1982
20 Group Eight 21620 84TH S 775780-0101 $ 51,996.75
KENT WA 98031
9/22/2010 12:50:40 Page - 3 R55LD020
City of Kent
LID 362 - Final Assessment Roll
East Valley Highway Improvements (SR 167 to S. 212th St.)
Final
Assmt# Property Owner Name Address Parcel# Assessment
Legal Description
FOR 10 SHINNS CLOVERDALE ADD TO KENT W 306 FT OF N 133.92 FT OF TRACT 10 LESS N
8.72 FT THOF&LESS W 12 FT CONV FOR 84TH AVE S&LESS FOLG DESC FOR THOF: BEG A
T INTSN S LN OF N 8.72 FT OF TRACT 10 WITH E LN OF W 12 FT OF SD TRACT 10(SD E
LN ALSO BEING E RAN MGN OF 84TH AVE S)TH S 89-59-28 E ALG S LN SD N 8.72 FT DIS
T 20.00 FT TH S 61-29-31 W 23.04 FT TO SD MGN TH N 01-15-40 E ALG SD MGN 11.00 F
T TO POB
21 C/O EPropertyTax Inc Dept#207 775780-0115 $ 6,518.96
PO BOX 4900
SCOTTSDALE AZ 85261
Rreef America Reit II Inc 101 CALIFORNIA ST 26TH FL
SAN FRANCISCO CA 94111
David Hancock, Attorney Graham & Dunn, PC
PIER 70 2801 ALASKAN WAY
SUITE 300
SEATTLE WA 98121
Legal Description
FOR 10 SHINN'S CLOVERDALE ADD TO KENT E 30 FT OF W 306 FT OF S 125.2 FT OF TRACT
10 AND N 8.72 FT OF E 30 FT OF W 306 FT OF TRACT 10
22 C/O EPropertyTax Inc Dept#207 775780-0102 $ 45,252.13
PO BOX 4900
SCOTTSDALE AZ 85261
Rreef America Reit II Inc 101 CALIFORNIA ST 26TH FL
SAN FRANCISCO CA 94111
David Hancock, Attorney Graham & Dunn, PC
Pier 70 2801ALASKAN WAY
SUITE 300
SEATTLE WA 98121
Legal Description
10 SHINNS CLOVERDALE ADD TO KENT N 8.72 FT M/L OF W 276 FT&E 276 FT OF W 306 F
T OF S 116.48 FT OF G L 2 SEC 7-22-5 LESS ST
23 C/O EPropertyTax Inc Dept#207 072205-9023 $ 48,639.51
PO BOX 4900
SCOTTSDALE AZ 85261
Rreef America Reit II Inc 101 CALIFORNIA ST 26TH FL
9/22/2010 12:50:40 Page - 4 R55LD020
City of Kent
LID 362 - Final Assessment Roll
East Valley Highway Improvements (SR 167 to S. 212th St.)
Final
Assmt# Property Owner Name Address Parcel# Assessment
SAN FRANCISCO CA 94111
David Hancock, Attorney Graham & Dunn, PC
PIER 70 2801 ALASKAN WAY
SUITE 300
SEATTLE WA 98121
Legal Description
072205 23 W 306 FT OF N 125.20 FT OF S 241.68 FT OF GL 2 LESS CO RD
24 Rreef American Reit LI Corp PO Box 4900 Dept 207 072205-9024 $ 329,126.23
SCOTTSDALE AZ 85261
Rreef America Reit II Inc C/O Epropertytax Inc Dept#207
PO BOX 4900
SCOTTSDALE AZ 85261
David Hancock, Attorney Graham & Dunn, PC
PIER 70 2801 ALASKAN WAY
SUITE 300
SEATTLE WA 98121
Rreef America Reit II Inc 101 CALIFORNIA ST 26TH FL
SAN FRANCISCO CA 94111
Legal Description
072205 24 PORTION OF SW QTR NW QTR AND NW QTR SW QTR STIR 07-22-05 DAF:COMMENCIN
G AT W QUARTER CORNER OF SAID SEC 7 TH S89-59-28E ALONG S LINE OF SAID NW QTR 50
.01 FT TO POINT ON E LINE OF PARCEL CONVEYED TO CITY OF KENT FOR 84TH AVE S ROAD
PURPOSES BY DEED UNDERRECORDING NO 9008061001 &TPOB TH N01-15-05E ALONG SAID L
INE 767.30 FT TO N LINE OF S 767.62 FT OF GOVT LOT 2 IN SAID SEC 7 TH S89-59-28E
ALONG SAID N LINE 447.76 FT TO E LINE OF W 497.65 FT OF SAID GOVT LOT 2 TH S01-
15-05W ALONG SAID E LINE 400.16 FT TO N LINE OF S 10 ACRESOF SAID GOVT LOT 2 TH
S89-59-28E ALONG SAID N LINE 258.06 FT TO E LINE OF W 755.65 FT OF SAID GOVT LOT
2 TH S01-15-05W ALONG SAID E LINE&SLY EXTENSION OF SAID LINE 624.57 FT TO S LI
NE OF TRACT 10 OF SHINN'S CLOVERDALE ADDITION TO KENT(VOL 6, PAGE 52)TH S89-58
-36W ALONG SAID LINE 101.41 FT TO W LINE OF E 1 ACRE OF TRACT 9 OF SAID PLAT TH
S01-18-03W ALONG SAID W LINE 243.49 FT TO N LINE OF PARCEL CONVEYED TO CITY OF K
ENT FOR S 218TH ST AND 84TH AVE S ROAD PURPOSED BY DEED UNDER RECORDING NO 90080
61003 TH S89-56-39W ALONG SAID LINE 380.24 FT TO E LINE OF W 244 FT OF SAID TRAC
T 9 TH N01-15-40E ALONG SAID LINE 76.52 FT TO N LINE OF S 90 FT OF SAID TRACT TH
N89-56-39E ALONG SAID LINE 14.00 FT TO E LINE OF W 258 FT OF SAID TRACT TH N01-
15-40E ALONG SAID LINE 167.17 FT TO N LINE OF SAID TRACTTH N89-58-36E(18.00 FT
DEED)TO E LINE OF W 306 FT(276 FT DEED)OF SAID TRACT 10 TH N01-15-10E ALONG S
9/22/2010 12:50:40 Page - 5 R55LD020
City of Kent
LID 362 - Final Assessment Roll
East Valley Highway Improvements (SR 167 to S. 212th St.)
Final
Assmt# Property Cwner Name Address Parcel# Assessment
AID LINE(248.46 FT DEED)TO S LINE OF N 8.72 FT OF SAID TRACT 10 TH N89-59-28W
ALONG SAID S LINE(256.06 FT DEED)TO E LINE OF SAID PARCEL CONVEYED TO CITY OF
KENT BY DEED UNDER RECORDING NO 9008061001 TH N01-15-40E ALONG SAID E LINE 8.72
FT TO TPOB(AKA"PARCEL A(WEST PARCEL)"AS DESCRIBED&DELINEATED PER CITY OF K
ENT LOT LINE ADJUSTMENT NO LL-91-8 RECORDING NO 9106110299 AS AMENDED UNDER RECO
RIDING NO 9812141804)EXC PORTION THEREOF WITHIN N 8.72 FT OF E 30 FT OF W 306 FT
OF TRACT 20 SHINN'S CLOVERDALE ADDITION TO KENT CONVEYED TO KINGCO BY DEED UNDE
R RECORDING NO 9802040743
25 Kent 84 LLC 1809 7TH AVE SUITE 1002 072205-9025 $ 12,616.94
SEATTLE WA 98101
Kent 84 LLC 1809 7th Ave Suite#102
SEATTLE WA 98191
Legal Description
072205 25 PARCEL A: E 260.00 FT OF N 212.85 FT OF S 767.62 FT OF E 727.65 FT OF
W 755.65 FT OF GOVT LOT 2 IN SW QTRNW QTR STIR 07-22-05; PARCEL B: E 260 FT OF FO
LLOWING DESCRIBED PARCEL: COMMENCING AT W QTR CORNER OF STIR 07-22-05 TH NORTH AL
ONG W LINE OF SAID SECTION 7 DISTANCE OF 363.89 FT MORE OR LESS TO POINT ON N LI
NE OF S 10 ACRES OF GOVT LOT 2 IN SAID SECTION 7 WHICH IS TPOB TH N88-35E 755.65
FT TH NORTH 2O1.63 FT TH S88-38-30W 755.65 FT MORE OR LESS TO W LINE OF SAID BE
CTION 7 TH SOUTH ALONG SAID W LINE 201.88 FT MORE OR LESS TO TPOB; EXC PORTION O
F ABOVE PARCELS AAND B LYING WILY OF LINE DAF: BEGINNING AT W QTR CORNER OF SAID
SECTION 7 TH N01-13-43E ALONG W LINE OF SAID SECTION 367.69 FT TON LINE OF S 1
0 ACRES OF SAID GOVT LOT 2 TH N89-58-48E ALONG SAID N LINE 42.01 FT TO ELY MARGI
N OF 84TH AVE S TH N01-13-43E ALONG SAID ELY MARGIN 400.12 FT TO N LINE OF S 767
.62 FT OF SAID GOVT LOT 2 TH N89-58-48E ALONG SAID N LINE 455.73 FT TO E LINE OF
W 497.65 FT OF SAID GOVT LOT 2&TPOB OF SAID LINE TH S01-13-43W ALONG SAID E L
INE TO S LINE OF SAID PARCEL B&TERMINUS OF SAID LINE(AS CONVEYED BY DEED UNDE
R RECORDING NO 9112192728) PARCEL C: PORTION OF W 757.65 FT OF S 767.62 FT OF PO
RTION OF SAID GOVT LOT 2 LYING EAST OF E LINES OF ABOVE PARCELS A AND B&LYING
NLY OF LINE BEGINNING AT W QTR CORNER OF SAID SECTION 7 TH NORTH ALONG W LINE OF
SAID SECTION 363.89 FT MORE OR LESS TO POINT ON N LINE OF S 10 ACRES OF SAID GO
VT LOT 2&TPOB OF LINETH N88-35E TO E LINE OF SAID W 757.65 FT OF GOVT LOT 2&
TERMINUS OF LINE(AS CONVEYED B DEED UNDER RECORDING NO 9112192727)
26 RSD Knight LLC 24429 96TH AVE S 122204-9082 $ 33,477.14
KENT WA 98030
Legal Description
122204 82 LOT 4 KENT SPC-76-10 RECORDING NO 7611180568 SD PLAT DAF E 256.72 FT O
F NE 1/4 OF BE 1/4 OF NE 1/4 LESS S 30 FT LESS E 42 FT FOR RD LESS N 198 FT
27 CBGPK Partnership 3213 178th Ave Ct KPN 122204-9095 $ 41,141.83
Lakebay WA 98349
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City of Kent
LID 362 - Final Assessment Roll
East Valley Highway Improvements (SR 167 to S. 212th St.)
Final
Assmt# Property Owner Name Address Parcel# Assessment
Legal Description
122204 95 LOT 3 KENT SPC 76-10 RECORDING#7611180568 SD PLAT DAF- E 256.72 FT O
F NE 1/4 OF BE 1/4 OF NE 1/4 LESS S 30 FT LESS E 42 FT FOR RD
28 Jackson Gary L 21235 84TH AVE S 122204-9094 $ 34,032.16
KENT WA 98031
Legal Description
122204 94 LOT 2 KENT SPC-76-10 RECORDING NO 7611180568 SD PLAT DAF E 256.72 FT O
F NE 1/4 OF BE 1/4 OF NE 1/4 LESS S 30 FT LESS E 42 FT FOR RD LESS N 198 FT
29 Roberts Mary K 308 E Republican #414 122204-9040 $ 30,173.03
Seattle WA 98102
Legal Description
122204 40 LOT 1 KENT SPC 76-10 RECORDING#7611180568 SD PLAT DAF- E 256.72 FT O
F NE 1/4 OF SE1/4 OF NE 1/4 LESS S 30 FT LESS E 42 FT FOR RD
30 Univar USA C/O Ryan & Cc 122204-9087 $ 5,120.30
13155 Noel Rd Ste 100
Dallas TX 75240
Legal Description
122204 87 BEG BE COR OF N 1/2 OF BE 1/4 OF NE 1/4 TH N 30 FT TH W 256.75 FT TH S
30 FT TO S LN SD N 1/2 TH E TO BE COR LESS S 15 FT THOF LESS 84TH AVE S
31 Holm Terry L 17633 SE 301 ST ST 122204-9049 $ 6,810.64
KENT WA 98042
Legal Description
122204 49 N 70 FT OF W 52 FT OF E 156 FT OFS 1/2 OF BE 1/4 OF NE 1/4
32 Holm Terry L 17633 SE 301 ST ST 122204-9048 $ 8,138.32
KENT WA 98042
Legal Description
122204 48 E 104 FT OF N 70 FT OF N 1/2 OF BE 1/4 OF BE 1/4 OF NE 1/4 LESS CO RD
33 Holm Terry L 17633 S. E. 301 st St. 122204-9065 $ 25,362.28
Kent WA 98042
Legal Description
12220465 S 114 FT OF N 184 FT OF E 156 FT OF S 1/2 OF BE 1/4 OF NE 1/4 LESS CO
RD
34 Holm Terry L 17633 SE 301 ST ST 122204-9071 $ 6,896.76
KENT WA 98042
Legal Description
12220471 S 31 FT OF N 215 FT OF E 156 FT OF S 1/2 OF BE 1/4 OF NE 1/4 LESS COR
D
9/22/2010 12:50:40 Page - 7 R55LD020
City of Kent
LID 362 - Final Assessment Roll
East Valley Highway Improvements (SR 167 to S. 212th St.)
Final
Assmt# Property Owner Name Address Parcel# Assessment
35 Holm Terry L 17633 SE 301 ST ST 122204-9052 $ 13,348.57
KENT WA 98042
Legal Description
122204 52 S 60 FT OF N 275 FT OF E 156 FT OF S 1/2 OF BE 1/4 OF NE 1/4 LESS E 42
FT FOR ST
36 Jason Giffin 122204-9007 $ 96,828.83
PO Box 4007
Bellevue WA 98009
Legal Description
122204 7 LOT 1 CITY OF KENT SHORT PLAT NO SP-77-38 RECORDING NO 7811080733(BEIN
G A PORTION OF BE QTR NE QTR STIR 12-22-04)EXC PORTION THEREOFLYING SLY&ELY OF
FOLLOWING DESCRIBED LINE AS CONVEYED TO CITY OF KENT BY DEED UNDER RECORDING NO
19991103001749:
37 Motor Cargo Inc Attn: John Kearns 122204-9107 $ 169,853.37
PO BOX 2351
SALT LAKE CITY UT 84110
UPS Ground Freight Inc Attn: Lisa McKnight
PO BOX 1216
RICHMOND VA 23218
Legal Description
122204 107 LOT 2 KENT SP 77-38 REC AF#7811080733 SD PLAT DAF S 1/2 OF BE 1/4 OF
NE 1/4 LESS E 156 FT OF N 275 FT LESS CO RD LESS ST&S 15 FT OF N 1/2 OF BE 1/
4 OF NE 1/4 LESS CO RD LESS UND 1/2 INT IN C/M RGTS IN S 1/2 OF BE 1/4 OF BE 1/4
OF NE 1/4 AKA FOR SPC 77-36
38 RLR Investments LLC 600 Gilliam Rd 122204-9108 $ .00
Wilmington OH 45177
Legal Description
122204 108 LOT 3 CITY OF KENT SHORT PLAT NO SP-77-36 RECORDING NO 7811081733(BE
ING A SUBDIVISION OF S HALF BE QTR NE QTR&S 15 FT OF N HALF OFSE QTR NE QTR ST
R 12-22-04) EXC W80 FT THEREOF(AKA PARCEL 3 CITY OF KENT LOT LINE ADJUSTMENT UN
DER RECORDING NO 8503200401)
39 Cabot II-wa1 m01 LLC C/O Cabot Properties 122204-9109 $ 20,682.36
ONE BEACON ST STE 1700
BOSTON MA 02108
Legal Description
122204 109 PARCEL 4&W 80 FT OF PARCEL 3 CITY OF KENT SHORT PLAT NO SP-77-38(S
PC-77-36) RECORDING NO 7811080733 BEING A PORTION OF NE QTR STIR 12-22-04(AS PER
UNNUMBERED CITY OF KENT LOT LINE ADJUSTMENT UNDER RECORDING NO 8503200401)
9/22/2010 12:50:40 Page - 8 R55LD020
City of Kent
LID 362 - Final Assessment Roll
East Valley Highway Improvements (SR 167 to S. 212th St.)
Final
Assmt# Property Owner Name Address Parcel# Assessment
40 David's Property Management 8301 S 216TH ST 383000-0022 $ .00
KENT WA 98032
Legal Description
FOR 4 KENT FIVE-ACRE TRS LOT 2 CITY OF KENT SHORT PLAT NO SP-90-2(ANDOVER SHO
RT PLAT) RECORDING NO 9007310700 BEING A FOR OF FOLG DESC FOR NE 1/4 OF BE 1/4 S
TR 12-22-04 COMM BE COR TRACT 4 KENT FIVE-ACRE TRACTS TH N 88-26-00 W 18.50 FT T
O TPOB TH N 01-13-39 E 160.70 FT TH N 88-25-54 W 215.50 FT TH N 01-13-59 E 130.6
7 FT TH S 88-25-54 E 215.50 FT TH N 01-13-39 E 5.15 FT TO PT OF TANGENCY TH NWLY
ALG CRV TO LFT WITH RAID 25.00 FT THRU C/A 89-39-27 ARC DIST 39.12 FT TH N 88-25
-48 W 605.31 FT TH S 01-13-50 W 321.36 FT TH S 88-26-00 E 629.93 FT TO TPOB
41 Pallis Chris 4837 Forest Ave. S. E. 383000-0020 $ 45,593.74
Mercer Island WA 98040-4601
Pallis Investments LLC 21609 - 84th Ave. S.
Kent WA 98032
Legal Description
4 KENT FIVE-ACRE TRS S 130.9 FT OF E 234 FT OF N 1/2 LESS ST-AKA LOT A CITY OF
KENT LLA APPROVED 8/30/83
42 Pallis Chris Greg 4837 Forest Ave. S. E. 383000-0023 $ 56,306.43
Mercer Island WA 98040-4601
Pallis Investments LLC 21609 - 84th Ave. S.
Kent WA 98032
Legal Description
FOR 4 KENT FIVE-ACRE TRACTS FOR LOT 3 CITY OF KENT SHORT PLATNO SP-90-2(ANDOVER
SHORT PLAT)RECORDING NO 9007310700(BEING A NE QTR BE QTR STIR 12-22-04)DAF:C
OMM AT BE CORNER TRACT 4 KENT FIVE-ACRE TRACTS(VOL 10 PG 19)TH N 88-26-00 W 18
.50 FT TO TPOB TH N 01-13-39 E 160.70 FT TH N 88-25-54 W 165.50 FT TH S 01-13-39
W 160.70 FT TH S 88-26-00 E 165.50 FT TO TPOB--AKA NEW LOT"B"AS DESC&DELI
NEATED PER CITY OF KENT LOTLINE ADJUSTMENT NO LL-94-13 RECORDING NO 9406070431
43 Flying Horse Properties LLC 2950 KILLMORE RD 383000-0015 $ .00
ELLENSBURG WA 98926
Legal Description
PORTION 3 KENT FIVE ACRE TRACTS TRACT 3 EXC E 170 FT OF S 100 FT&EXC E 20 FT T
HEREOF CONVEYED TO CITY OF KENT BY DEED UNDER RECORDING NO 9608090956;TGW PORTI
ON OF N HALF OF S 218TH ST ADJOINING AS PLATTED IN PLAT OF KENT FIVE ACRE TRACTS
EXC ANY PORTION THEREOF LYING EAST OF LINE 50.00 FT WEST OF E LINE OF NE QTR BE
QTR STIR 12-22-04 AS VACATED BY CITY OF KENT ORD NO 3293 RECORDED UNDER NO 96080
80143 AND CORRECTED AND RE-RECORDED UNDER NO 9701280976
44 Truong Xuan K 21731 84TH AVE S 383000-0014 $ .00
9/22/2010 12:50:40 Page - 9 R55LD020
City of Kent
LID 362 - Final Assessment Roll
East Valley Highway Improvements (SR 167 to S. 212th St.)
Final
Assmt# Property Owner Name Address Parcel# Assessment
KENT WA 98032
Legal Description
PORTION 3 KENT FIVE ACRE TRACTS E 170 FT OF S 100 FT OF TRACT 3 EXC E 12 FT CONV
EYED TO CITY OF KENT BY DEED UNDER RECORDING NO 7209260126;AND EXC E 8.00 FT TH
EREOF CONVEYED TO CITY OF KENT BY DEED UNDER RECORDING NO 20040129002226; TGW PO
RTION OF N HALF OF S 218TH ST ADJOINING AS PLATTED IN PLAT OF KENT FIVE ACRETRAC
TS EXC ANY PORTION THEREOF LYING EAST OF LINE 50.00 FT WEST OF E LINE OF NE QTR
BE QTR STIR 12-22-04 AS VACATED BY CITY OF KENT ORD NO 3293 RECORDED UNDER NO 960
8080143 AND CORRECTED AND RE-RECORDED UNDER NO 970128097
45 AMB Property LP Attn: Karen Yarber 383000-0006 $ 129,483.00
12720 Gateway Drive Suite 110
TUKWILA WA 98168
AMB Property LP
60 State St Ste 1200
Boston MA 02109
Legal Description
PORTION 2 ETC KENT FIVE ACRE TRACTS PORTION OF BE QTR STIR 12-22-04 INCLUDING FOR
TIONS OF TRACT 1,TRACT 2,TRACT 5,TRACT 7,TRACT 9,"UNPLATTED"TRACT"A"AND
TRACT"B""KENT FIVE ACRE TRACTS", PERIMETER BOUNDARIES OF WHICH ARE DAF:COMMEN
CING AT E QTR CORNER OF SECTION 12 TH ALONG E LINE OF SECTION 12 S01-14-06W 659.
84 FT TH LEAVING SAID SECTION LINE N88-25-28W 50.00 FT TO INTERSECTION WITH W RI
GHT OF WAY LINE OF 84TH AVE S(AKA PRIMARY STATE HWY NO 5)AS DESCRIBED IN DEED
TO CITY OF KENT UNDER RECORDING NO 9805191944&CENTERLINE OF VACATED S 218TH ST
AS DESCRIBED IN CITY OF KENT ORD NO 3293 UNDER RECORDING NOS 9608080143&97012
80976&BEING TPOB OF HEREIN-DESCRIBED PARCEL TH ALONG SAID CENTERLINE&WILY PRO
LONGATION THEREOF N88-25-58W 1676.02 FT TO ELY LINE OF 20.00-FT STRIP OF LAND CO
NDEMNED FOR DRAINAGE DITCH BY KING CO DRAINAGE DIST NO 1 AS DESCRIBED IN KING CO
SUP CT CAUSE NO 329121 TH ALONG SAID ELY LINE S06-02-46E966.72 FT TO N LINE OF
LOT 8 OF PLAT OF"SHINN'S VALLEY ADDITION TO KENT"(VOL 7, PG 2 OF PLATS)TH ALO
NG N LINE OF LOTS 8,7,6, 5 AND 4 S88-27-05E 1253.50 FT TH PARALLEL WITH&350.
00 FT WEST FROM E LINE OF SECTION 12 N01-14-06E 267.93 FT TH PARALLEL WITH&30.
00 FT SOUTH OF N LINE OF S HALF BE QTR OF SECTION 12 S88-26-20E 300.00 FT TO W R
IGHT OF WAY LINE OF 84THAVE S AS DESCRIBED IN KING CO RECORDING NO 9805191943&
RECORDING NO 9805191945 TH ALONG SAID W RIGHT OF WAY LINEPARALLEL WITH&50.00 F
T WEST FROM CENTERLINE OF 84TH AVE S N01-14-06E 60.00 FT TH PARALLEL WITH&30.0
0 FT NORTHOF N LINE OF S HALF BE QTR OF SECTION 12 N88-26-20W 300.00 FT TH PARAL
LEL WITH &350.00 FT WESTFROM E LINE OF SECTION 12 N01-14-06E 291.69 FT TO S LIN
E OFTRACT 2 OF"KENT FIVE ACRE TRACTS"TH ALONG SAID S LINE S88-26-20E 5.00 FT T
H N01-14-06E 288.18 FT TH PARALLEL WITH&50.00 FT SOUTH FROM CENTERLINE OF VACA
TED S 218TH ST S88-25-58E 295.00 FT TO W RIGHT OF WAY LINE OF 84TH AVE S AS DESC
RIBED IN KING CO RECORDING NO 9808191944 TH ALONG SAID W RIGHT OF WAY LINEPARALL
9/22/2010 12:50:40 Page - 10 R55LD020
City of Kent
LID 362 - Final Assessment Roll
East Valley Highway Improvements (SR 167 to S. 212th St.)
Final
Assmt# Property Owner Name Address Parcel# Assessment
EL WITH&50.00 FT WEST FROM CENTERLINE OF 84TH AVE S N01-14-05E 50.00 FT TO TPO
B(AKA"NEW LOT B"AS DESCRIBED&DELINEATED PER CITY OF KENT LOT LINE ADJUSTMEN
T NO LL-98-33 RECORDING NO 9901050789)
46 Robison Investment C/O JSH Properties Inc 383000-0005 $ 30,550.00
10655 NE 4th ST#300
BELLEVUE WA 98004
Legal Description
PORTION 2 KENT FIVE ACRE TRACTS PORTION OF TRACT 2 DAF: BEGINNING AT BE CORNER O
F SAID TRACT 2 TH N88-26-13W ALONG S LINE OF SAID TRACT 2 DISTANCE OF 315.00 FT
TH N01-14-06E PARALLEL WITH E LINE OF SAID TRACT 2 DISTANCE OF 288.18 FT TO S LI
NE OF N 33.50 FT OF SAID TRACT 2 TH S88-25-58E ALONG SAID S LINE OF N 33.50 FT O
F TRACT 2 DISTANCE OF 315.00 FT TO E LINE OF SAID TRACT 2 TH S01-14-06W ALONG SA
ID E LINE 288.16 FT TO POB EXC E 12 FT THEREOF FOR 84TH AVE S; EXC W 8 FT OF E 2
0 FT OF SAID TRACT 2 CONVEYED TO CITY OF KENT BY DEED UNDER RECORDING NO 9805191
944(AKA"NEW LOT A"AS DESCRIBED&DELINEATED PER CITY OF KENT LOT LINE ADJUSTM
ENT NO LL-98-33 RECORDING NO 9901050789)
47 Robison Investment Assoc C/O JSH Properties Inc 383000-0007 $ .00
10655 NE 4TH ST STE 300
BELLEVUE WA 98004
Legal Description
PORTION 1 &KENT FIVE ACRE TRACTS E 320 FT OF TRACT 1 EXC E 12 FT CONVEYED UNDER
RECORDING NO 7806080080&EXC W 8.00 FT OF E 20.00 FT CONVEYED TO CITY OF KENTB
Y DEED UNDER RECORDING NO 9808261813;TGW UNPLATTED TRACT"A"EXC S 30 FT&EXC
E 12 FT CONVEYED UNDER RECORDING NO 7806080080&EXC W 8.00 FT OF E 20.00 FT CON
VEYED TO CITY OF KENT BY DEED UNDER RECORDING NO 9808261813
48 Budget Truck Rental LLC C/O Marvin F Poer&Cc 122204-9028 $ 77,247.82
18818 Teller Ave Ste 277
Irvine CA 92612
Budget Truck Rental Attn: Ulrike Higginson
6314 19th ST W STE 2
TACOMA WA 98466
Legal Description
122204 28 E 350 FT OF FOR OF S 1/2 OF BE 1/4 E OF N P RM&N OF SHINNS VALLEY H
OME ADD LESS N 30 FT&LESS CO RD
49 Les Schwab Tire Centers Of P O BOX 5350 775980-0040 $ 62,179.00
Washington
Attn: David Gibson
Bend OR 97708
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City of Kent
LID 362 - Final Assessment Roll
East Valley Highway Improvements (SR 167 to S. 212th St.)
Final
Assmt# Property Owner Name Address Parcel# Assessment
Legal Description
4 SHINN'S VALLEY HOME ADDITION TO KENT TRACT 4 EXC E 20.00 FT CONVEYED FOR 84TH
AVE S BY DEEDS UNDER RECORDING NOS 7209150091 &9803242092
50 TSP Kent LLC 2001 CENTER ST 775980-0031 $ .00
TACOMA WA 98409
Legal Description
PORTION 3 SHINNS VALLEY HOME ADDITION LOT 2 CITY OF KENT SHORT PLAT NO SPC-79-13
RECORDING NO 8001151017(BEING A PORTION OF BE QTR BE QTRSTR 12-22-04)EXC A ST
RIP OF LAND 5.00 FT IN WIDTH CONVEYED TO CITY OF KENT BY DEED UNDER RECORDING NO
20000204001381,WILY MARGIN OF WHICH IS MORE PARTICULARLY DAF:COMMENCING AT NE
CORNER OF SAID LOT 2 TH ALONG N LINE OF SAID LOT 2 N88-27-36W 5.00 FT TO TPOB TH
PARALLEL WITH AND 47.00 FT WILY FROM E LINE OF SAID SECTION 12(BEING ALSO CENTE
RLINE OF 84TH AVE S)S01-14-06W 123.85 FT TO S LINE OF SAID TRACT&TERMINUS OF
WILY MARGIN OF HEREIN DEFINED STRIP OF LAND
51 Blue Water Properties 4 LLC 9709 3rd Ave. N. E. 775980-0030 $ 40,461.25
Seattle WA 98115
Legal Description
3 SHINNS VALLEY HOME ADD TO KENT LOT 3 KENT SHORT PLAT SP 76-31 REC AF#77050908
36 SD PLAT DAF S 1/2 OF LOT 3 SHINNS VALLEY HOME ADD TO KENT LESS RD AKA FOR SPC
76-31
52 MV Motels Inc 22203 84TH AVE S 775980-0020 $ 82,094.55
KENT WA 98032
Legal Description
2 SHINNS VALLEY HOME ADD TO KENT LOT 2 KENT SP 75-1 REC AF#7503310529 SD SP DA
F LOT 2 LESS W 90 FT THOF LESS RD AKA FOR SPC 75-1
LID Assessment Total $ 2,422,936.03
9/22/2010 12:50:40 Page - 12 R55LD020
�-� KENT
Agenda Item: Bids — 9A
TO: City Council
DATE: May 17, 2011
SUBJECT: S. 228th Street Improvements
MOTION: Move to award the South 2281h Street Improvements Project
contract to Mid Mountain Contractors, Inc. in the amount of $5,255,489.73 and
authorize the Mayor to sign all necessary documents, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The bid opening for this project was held on Tuesday, May 10, 2011,
with nine (9) bids received. The low bid was submitted by Mid Mountain Contractors,
Inc., in the amount of $5,255,489.73.
The South 2281h Street Improvement Project will install new stormwater pipe along
South 2281h Street between the Union Pacific Railroad and 641h Avenue South. This
project will help alleviate flooding along 761h Avenue South. Also included in this
project will be the replacement of the water main along South 2281h Street.
EXHIBITS: Public Works Memo dated 5/10/11
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: This project will be funded out of the Storm Drainage and Water
Utility funds
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
KENT Address: 220 Fourth Avenue S.
W A S H I N c 7 o N Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: May 10, 2011
TO: Mayor Cooke and Kent City Council
FROM: Tim LaPorte, P.E. Public Works Director
RE: South 228th Street Improvements Project
Bid opening for this project was held on May 10, 2011 with nine (9) bids received.
The low bid was submitted by Mid Mountain Contractors, Inc. in the amount of
$5,255,489.73. The Engineer's estimate was $6,463,875.12. The Public Works
Director recommends awarding this contract to Mid Mountain Contractors, Inc.
Bid Summary
1. Mid Mountain Contractors, Inc. $5,255,489.73
2. Scarsella Brothers, Inc. $5,349,088.36
3. Ceccanti, Inc. $5,406,122.31
4. Rodarte Construction, Inc. $5,520,143.94
5. Northwest Construction, Inc. $5,663,549.47
6. Tri-State Construction, Inc. $5,698,118.31
7. Titan Earthwork, LLC $5,948,795.00
8. Frank Coluccio Construction Co. $6,767,105.48
9. James W. Fowler Co. $7,154,730.00
Engineer's Estimate $6,463.875.12
KENT Agenda Item: Bids — 9B
TO: City Council
DATE: May 17, 2011
SUBJECT: Horseshoe Bend Levee Improvements
MOTION: Move to award the Horseshoe Bend Levee Improvements Project
contract to Lloyd Enterprises, Inc. in the amount of $288,874.76 and authorize the
Mayor to sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The bid opening for this project was held on Tuesday, May 10, 2011
with three (3) bids received. The low bid was submitted by Lloyd Enterprises, Inc. in
the amount of $288,874.76.
The project consists of adding rock and asphalt to the top portions of the Horseshoe
Bend Levee.
EXHIBITS: Public Works Memo dated 5/10/11
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: Funded out of the Department of Ecology Horseshoe Bend Levee
Grant
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
KENT Address: 220 Fourth Avenue S.
W A S H I N c 7 o N Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: May 10, 2011
TO: Mayor Cooke and Kent City Council
FROM: Tim LaPorte, P.E. Public Works Director
RE: Horseshoe Bend Levee Improvements Project
Bid opening for this project was held on May 10, 2011 with three (3) bids received.
The low bid was submitted by Lloyd Enterprises, Inc. in the amount of
$288,874.76. The Engineer's estimate was $325,762.50. The Public Works
Director recommends awarding this contract to Lloyd Enterprises, Inc.
Bid Summary
1. Lloyd Enterprises, Inc. $288,874.76
2. Road Construction Northwest $320,835.00
3. Westwater Construction $482,621.25
Engineer's Estimate $325,762.50
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
April 5, 2011
Committee Members Present: Jamie Perry, Les Thomas (Chair), Debbie Raplee
The meeting was called to order by L Thomas at 4:03 p.m.
1. APPROVAL OF MINUTES DATED MARCH 15, 2011
D Raplee moved to approve the Operations Committee minutes dated
March 15, 2011. 3 Perry seconded the motion, which passed 3-0.
2. APPROVAL OF VOUCHERS DATED MARCH 15, 2011
3 Perry moved to approve the vouchers dated March 15, 2011. D Raplee seconded
the motion, which passed 3-0.
3. RECOMMEND THAT THE MAYOR SIGN THE SECOND AMENDMENT TO THE
LEASE AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT,
AUKEEN DISTRICT COURT BUILDING
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 sale of the Aukeen District Court building
from the County to the City.
D Raplee recommended that the Mayor sign the Second Amendment to the Lease
Agreement between King County and the City of Kent, Aukeen District Court
Building. 3 Perry seconded the motion, which passed 3-0.
4. RECOMMEND COUNCIL ADOPT THE PROPOSED ORDINANCE AMENDING
ORDINANCE NOS. 3932, 3933, AND 3959 TO EXTEND THE WAIVER
PROVIDED OF CERTAIN PERMITTING REQUIREMENTS FOR TEMPORARY
STRUCTURES CONSTRUCTED FOR FLOOD PROTECTION PURPOSES FROM
JULY 1, 2011, TO JULY 1, 2012.
Ordinance No. 3932, as amended by Ordinance Nos. 3933 and 3959, provide 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 removed by that date, then a permit for those structures would need to
be obtained. The amendment extends the deadline for the removal of the structures one
additional year, to July 1, 2012. The Ordinance was not included in the packet but will be
included with the Minutes. Council was familiar with the Ordinance and okay to pass it
without viewing it again.
Councilmember, Jamie Perry expressed her ongoing concern with additional extensions and
that the structures are an eyesore and wants them removed sooner than later. Tim
LaPorte, Public Works director, said a letter from the Corp of Engineers indicating the dam is
restored to levels of adequate operation, in addition to authorization from the Flood Control
District, will begin the process of removing the barriers. When the city removes the barriers
from the levees that will be the signal to private companies to do the same. Ben Wolters,
Economic and Community Development Director, further clarified that even with the letter,
Operations Committee Minutes
April 5, 2011
Page: 2
further extensions may be necessary due to the time needed to remove the barriers.
Boeing was given as an example. Tim LaPorte stated the barriers should ideally take two
months to remove. King County Flood Control District will be responsible for removing the
sand. With that said, the Mayor reiterated there will not be overtime issued.
J Perry recommended Council adopt the proposed ordinance amending Ordinance
Nos. 3932, 3933, and 3959 to extend the waiver provided of certain permitting
requirements for temporary structures constructed for flood protection purposes
from July 1, 2011, to July 1, 2012. D Raplee seconded the motion, which
passed 3-0.
S. RECOMMEND THAT THE OPERATIONS COMMITTEE AUTHORIZE THE
INVESTMENT POLICY ORDINANCE UPDATING DELEGATION OF AUTHORITY
AND ELIMINATING DESIGNATED INSTITUTIONS FOR COLLATERAL
ADVANCES.
The Ordinance was pulled from the agenda. No time was given when or if it would be listed
on the agenda again.
6. SUMMARY FINANCIAL REPORT FOR DECEMBER 2010. (INFORMATIONON09
Bob Nachlinger, Finance Director, provided the 2010 year-end summary.
The net result is an increase to fund balance of $122,464. The total ending fund balance is
$2,182,697, which represents a 3% contingency reserve (fund balance).
Total 2010 General Fund revenues were $73,343,055, which is $4,025,765 or 5.2% under
budget. The primary revenue shortfalls were:
_ Sales Tax revenues were under budget by $709,428 or 4.2%, largely due to a continued
decline in the construction industry.
_ Utility Tax revenues were $1,805,347 or 13.3% under budget. Telephone Utility Tax
revenues represent the bulk of this amount and were $887,653 or 22.6% under budget. The
reduction is due to cell phone providers interpreting data services as internet services, which
are not taxable according to Federal law. Gas and Garbage Utility Tax revenue shortfalls
make up the balance.
_ Deterioration in the building industry and in land development continues to result in
decreased permitting fees. License and Permit fees ended the year $125,103 or 8.2% below
budget. However, these revenues were up by 13.5% compared to 2009 year end.
—The continued deterioration in the building industry has also resulted in decreased
revenues from plan check fees, which were down $414,790 or 26.7% below budget.
_ Recreation Fees ended the year behind projections by $337,791 or 22.6% under budget.
However, the revenues collected in 2010 are consistent with 2009, which suggests that the
budget forecast was higher than achievable.
_ Fines and Forfeitures were under budget by $136,352 or 7.9%
_ Interest income is down $541,905 or 88.1% due to continuing low interest rates and the
available cash to invest.
Total 2010 General Fund expenditures were $73,220,591, which is $147,784 or .2% below the
budget. Budget cuts in the spring of 2010 were severe, leaving no capacity to absorb unplanned
expenditures, such as overtime and retirement payouts. We also received notice from State that
we are doing such a good job of policing that we are not eligible for the High Crime Funds
anymore.
Operations Committee Minutes
April 5, 2011
Page: 3
With revenues of $73.3 million and expenditures of $73.2 million, fund balance increased by
$122,464, resulting in an ending fund balance of $2,182,697 or 3.0% of expenditures. Due
to the reduced expenditure budget for 2011, this translates to a 4.0% contingency reserve
(fund balance) at the beginning of 2011.
7. SUMMARY FINANCIAL REPORT FOR FEBRUARY 2011. (INFORMATIONON09
Bob Nachlinger, Finance Director, summarized the February 2011 finances.
The past few months have shown a slight upward trend in tax revenues, including sales and
utility taxes. Based on information available through February, ending fund balance is projected
to be $2,172,012 or 4.1% of the expenditure budget. Throughout 2011, it will be important to
closely monitor all revenue sources, as well as related expenditures. Close monitoring will allow
the City to react in a timely manner to any adverse trends that may arise.
Revenues
While sales tax and utility tax revenues are showing an improvement over past years, overall
revenues are estimated to end about $376,705 or 0.6% under budget. Highlights include:
_ Sales Tax revenues are expected to exceed projections by $415,239 or 2.5% over budget.
_ Utility Tax revenues are estimated to be over budget by $384,086 or 2.6%.
_ Deterioration in the building industry and land development continues to result in decreased
permitting and plan check fees. Building Permits and Plan Check Fees are currently running
$154,906 less than expected through February. We are working with Economic and Community
Development to determine if this trend is expected to continue and to strategize solutions.
_ Interest income is projected to be down approximately $919,029 or 89.9% due to continuing
low interest rates and the available cash to invest.
Expenditures
Current projections, based on individual like item expenditure trends, end the year at about
$970,565 or 1.6% below the budget. A lag in hiring is expected to contribute towards
expenditures coming in below budget. Through February, there were on average 18 vacant
positions in the General Fund, which may result in savings of an additional $304,274.
Fund Balance
Ending fund balance is estimated to be $2,172,012, which equates to 4.1% of the expenditure
budget.
Overall, we anticipate an increase by $600k over budget. We look to lag hiring which will
produce additional savings. L Thomas asked if there would be employee layoffs. John Hodgson,
Chief Administrative Officer replied that we are saving money by lagging 43 positions and looking
at overtime in all departments and adjusting schedules. Another challenge is retirement. Other
cost savings in capital will be completing projects as funds are earned and through grants, etc.
An example is the playground at Lake Meridian. The Mayor stated that we do not anticipate any
layoffs, however, "the state budget will make a major call for us on whether we will have layoffs
or not". J Hodgson said layoffs will be discussed if Streamline Sales Tax (SST) and Annexation
are touched. We will know more after the 251h of April when Legislation is done.
J Perry voiced a concern with the fund balance and that the 8% goal in revenue isn't as much as
it used to be since the fire department left. J Hodgson agreed it needs to be built to a dollar
Operations Committee Minutes
April 5, 2011
Page: 4
amount as much as to a percentage and do the same with the Capital fund. This will be further
addressed with the Strategic PlanNision and creating a sustainable budget.
Funds for a street overlay project were discussed and the Mayor wants to keep a $1 million reserve
for floods unless we hear something unique from the Corp of Engineers.
The meeting was adjourned at 4:53 p.m. by L Thomas.
i
Pamela Clark
Operations Committee Secretary
KENT
W� �,.l
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES
APRIL 11, 2011
Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, Deborah
Ranniger. Chair Perry called the meeting to order at 5:30 p.m.
1. Approval of Minutes
Councilmember Ranniger Moved and Councilmember Albertson Seconded a
Motion to approve the March 14, 2011 Minutes. Motion PASSED 3-0.
2. CPA-2010-3 Kentara Short Plat Lot 21
Planning Manager Charlene Anderson stated this is a proposal to amend the
Comprehensive Plan Land Use Plan Map. 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 272nd/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 County Countywide Planning Policies. It was determined that the city is
authorized to change the locally designated urban separators without going through
the County. At the Land Use & Planning Board meeting, the Board considered several
options, including No Action, Option 1 Schneider Proposal, and Options 2A, 2B, and
2C which were options to consider 'No Net Loss' of Urban Separators. Both staff and
the Board decided that this applicant's proposal met the standards for granting a
Land Use Plan Map Amendment and it was an insignificant change. It is less than a '/2
acre, surplus piece of property. There is still a large portion of the pre-existing parcel
that is totally designated urban separator and so the proposed amendment was
determined insignificant. Both staff and the Board are proposing approval of the
amendment.
Albertson asked to hear more of the Land Use and Planning Board discussion on
option 2B. Land Use and Planning Board Chair Dana Ralph joined in the conversation
on the No Net Loss Lot option. Ralph stated that Option 2B would change the City
property to urban separator, and do a swap. It makes more sense that the whole
property be SF 6. The entire infrastructure is in place; power, water, sewer, retention
ponds and roads. Option 2B does not give up the urban separator that was the
concern in the beginning. The concern with swapping out City land was that it would
set a precedent for swapping public for private and the board felt that muddies the
water.
Seeing no further questions or comments, Councilmember Albertson Moved to
approve an Ordinance 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. Councilmember Ranniger
Seconded the Motion. Motion PASSED 3-0.
3. Countrywide Policies Update
Planning Manager Charlene Anderson stated that the King County Growth
Management Planning Council (GMPC) has been engaged in the revision of
Countywide Planning Policies (CPPs) for the past two years, establishing first the
housing and employment targets for King County's jurisdictions. The intent of the
updates is to ensure consistency with state law, state agency guidance, and hearings
board decisions; to align the CPPs with the regional growth strategy in VISION 2040;
and to modernize the narrative. The CPPs serve as the framework for each
jurisdiction's comprehensive plan. The final review draft of the CPPs is expected to be
released on April 13, and to go before the the Growth Management Planning Council
on April 27th. The final approval is anticipated to occur sometime in June. Anderson
provided a brief summary of the Chapter updates.
Michael Hubner joined the discussion as a representative of an inter-jurisdictional
team to staff the Growth Management Planning Council. Hubner explained the
differences between the draft proposed affordable housing targets for King County
Cities. The committee had questions on the income scale between moderate and low
incomes. Moderate income was defined as from $42,800 to $68,480 and low income
was defined as under $42,800. Perry asked how much of our current stock of housing
in Kent would be considered low or very low. Anderson gave numbers from spring of
2009; Kent's number at 50 percent is 54.7 percent, at the 40 percent it drops to 13.4
percent. Hubner noted we are talking about the rental housing stock not the entire
City stock. Hubner went on to explain the CPPs, with small technology changes,
which has been in place since the early 1990's. The general approach is to spread the
responsibility for accommodating affordable housing throughout the County. The City
of Kent and many other South County cities do have more affordable housing and
more housing units that are described as moderate, low or very low. Hubner stated
that the cities of Kirkland and Bellevue have less available affordable housing; if
targets were set on a level playing field they would also be asked to do a lot more
than historically they have done. Council has concerns with the high low income
target required for Kent, without taking into consideration the stock Kent already
has. Has it been looked at as who needs to catch up within the County? Some of the
other cities need to also get on the band wagon. Albertson said it should be about
working where you live and being able to live and work in our communities.
4. Economic Development Report
Economic and Community Development Director Ben Wolters reported Sysco Foods
submitted a pre-application to double the size of their facility with a 20, 050 sq. ft.
expansion, which will bring approximately 200 additional jobs to Kent. The Kent City
Center project is underway and the applicant teams will submit their proposals to the
Clerk by April 28, 2011. The former Fondi Restaurant in Kent Station is going to
house a new pizza restaurant with a major remodel to be completed by early
summer 2011. Business retention has increased. Staff has been calling on Aerospace
manufacturing businesses in the area; with the addition of Josh Hall we are getting
back to contacting some of our high value employers more frequently. We are also
seeing an uptick in working with our Business expansion and recruitment efforts. We
are currently working with 7 new projects; 5 are manufacturing companies, 1 is clean
energy technology, and 2 are retail. CAMPS will be participating in a large wind
energy show, called WindPower Expo held in Portland in a couple of months. We are
preparing promotional material about Kent, which highlights why Kent is the place to
locate your clean energy or wind power business.
Adiournment
Councilmember Perry Adjourned the Meeting at 6:43 p.m.
Julie Pulliam, Economic & Community Development
Committee Secretary
ECDC Minutes
Agn111,2011
Page 2 of
PUBLIC WORKS COMMITTEE
Minutes of Monday, April 18, 2011
COMMITTEE MEMBERS PRESENT:
Committee Chair Debbie Raplee and committee members Ron Harmon and Dennis
Higgins were present. The meeting was called to order at 4:02 p.m.
ITEM 1 — Approval of Special Minutes Dated April 4, 2011:
Committee Member Harmon MOVED to approve the minutes of April 4, 2011.
The motion was SECONDED by Higgins and PASSED 3-0.
Item 2— Contract/GB McCaughan &Associates for Right-of-Wav Acquisition —
Horseshoe Bend Levee:
Public Works Director, Tim LaPorte explained that the next four items will be discussed
concurrently. He then introduced Mark Madfai, Design Engineering Supervisor and Mark
Howlett, Design Engineering Manager. Madfai stated that 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. Property must be purchased in these areas in
order to perform the improvements; additionally, property needs to be acquired in certain
areas to provide for access and maintenance of the existing levee. He stated that Mr.
McCaughan has significant experience with Right-of-Way acquisition and has been
assisting the City with the acquisitions at Horseshoe Bend.
Higgins asked staff to make sure that the City is getting the best value when using a
consultant over a period of time.
Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant
Services Agreement with GB McCaughan &Associates for Right-of-Way
acquisition for the Horseshoe Bend Levee Improvements in an amount not to
exceed $18,900.00, 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.
Item 3— Contract/Pace Engineers, Inc. — Design Services for the Foster Park
Pump Station:
Mark Madfai, Design Engineering Supervisor stated that in order to certify the Foster Park
portion of the Horseshoe Bend levee we are required to construct the secondary setback
levee and a pump station to alleviate interior flooding that might occur in a 100-year
storm event. Madfai noted that the levee is completed but the pump station still needs to
be constructed.
Public Works Director, Tim LaPorte noted that consultant items 3, 4 and 5 were selected
from an active roster of competitive consultants.
Harmon MOVED to recommend Council authorize the Mayor sign a Consultant
Services Agreement with Pace Engineers, Inc. to provide design services for the
Foster Park Pump Station in an amount not to exceed $60,378.00, subject to
final terms and conditions acceptable to the City Attorney and Public Works
Director. The motion was SECONDED by Higgins and PASSED 3-0.
Page 1 of 3
PUBLIC WORKS COMMITTEE
Minutes of Monday, April 18, 2011
Item 4 — Contract/Northwest Hydraulics Consultants, Inc. — Risk Based Analysis
Green River Levee:
Mark Madfai, Design Engineering Supervisor stated that the City is preparing Conditional
Letter of Map Revision (CLOMR) reports for Green River Levee Certification. In order for
FEMA to accredit these levees, a risk based analysis must be completed. Madfai noted
that this analysis will be for the remainder of the City's levees.
Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant
Services Agreement with Northwest Hydraulics Consultants Inc., to perform a
Risk Based Analysis of the Green River in an amount not to exceed $8,668.00,
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.
Item 5 — Contract/Northwest Hydraulic Consultants Inc., - Interior Drainage
Analysis for the Horseshoe Bend Levee:
Mark Madfai, Design Engineering Supervisor explained that in response to comments
received from FEMA on the Conditional Letter of Map Revision (CLOMR) for the Horseshoe
Bend Levee, an interior drainage analysis must be completed. The City will continue to
work closely with FEMA to certify the levees. Madfai noted that additional consultant
contracts may be required and that the City is preparing four more CLOMR applications
for the remaining levee segments.
LaPorte stated that vegetation on the levees is a big issue. If we follow Corps of
Engineers guidelines the City will not be in compliance with other agencies. The City has
chosen to build secondary levees and stay away from the river's federal wildlife edge in
order to avoid river related environmental impacts..
Harmon MOVED to recommend Council authorize the Mayor to sign a Consultant
Services Agreement with Northwest Hydraulic Consultants Inc., to perform an
Interior Drainage Analysis of the Horseshoe Bend Levee in an amount not to
exceed $14,252.00, subject to final terms and conditions acceptable to the City
Attorney and the Public Works Director. The motion was SECONDED by Higgins
and PASSED 3-0.
Item 6 — Information Only/2011 Water Festival:
Conservation Specialist, Gina Hungerford shared a few photos of the 2011 Water Festival
and shared that the City of Kent co-hosted the 121h Annual H2O Water Festival and that
this year 1,031 fourth and fifth graders attended the festival. Kelly Peterson,
Environmental Conservation Supervisor, noted that since 2000 approximately 17,500
students have benefited from this environmental education program and that partnering
with other agencies is vital to the success of this program.
The festival teaches students about water through demonstrations and hands-on
activities that bring the information to life to provide those important "aha" moments that
make lasting impressions. Hungerford shared letters with committee members from some
of the students that attended the festival.
Information Only/No Motion Required
Page 2 of 3
PUBLIC WORKS COMMITTEE
Minutes of Monday, April 18, 2011
Item 7 - Information Only/Street Maintenance Pot Hole - Update:
Tim LaPorte, Public Works Director introduced Bill Thomas, Street Superintendent and
Don Millett, Operations Manager. Thomas gave an informative PowerPoint Presentation
showing the streets that Operations staff is spending the most time on fixing potholes;
over 500 potholes have been filled this year to date. Thomas explained the different
types of mix that are used to fill various potholes and why some don't seem to appear to
last as long. Cold weather and rain can wreak havoc on asphalt roads. LaPorte noted
that good drainage equals good roads.
It was noted that concrete streets are more sustainable. Millett used Military Road as an
example; Military road was built 60 years ago, during the war with minimum repairs and
it is still in relatively good condition; concrete has a lifespan of 100 years.
Committee members asked that funding be brought back to the Operations Committee.
Funds were taken from Street Maintenance to help balance the budget. Committee
members want to see funds restored to the appropriate levels so that streets can be
properly attended to. LaPorte stated that the cost to patch potholes last year was
approximately $50,000. This year it will be upwards of $150,000 to patch the holes.
Information Only/No Motion Required
Additional Item:
Harmon thanked staff for sending out notices to the businesses along 761h Avenue
notifying them of work in progress.
Higgins thanked staff for working on the 641h Avenue flashing signal near Kent
Elementary school - it is now operational.
The meeting was adjourned at 5:02 p.m.
Cheryl Viseth,
Public Works Secretary
Page 3 of 3
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION