HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 01/27/2003 Public Works Committee Agenda
JANUARY 27, 2003
ACTION
1. Pacific Highway South HOV Lanes Yes Wickstrom 10 min
Project - Interlocal Agreement with {
Highline Water District-Authorize
2. Local Hazardous Waste Management Yes Wickstrom 10 min I
Grant— Recycling Events in March &
April- Authorize
3. Street Vacation — South 266" Street Yes Wickstrom 10 min
Set Hearing Date
4. Amend City Code 6.09.060 Yes Wickstrom 10 min
Compensation Criteria for
Street or Alley Vacation
5. Release of a Public Egress & Yes Wickstrom 10 min
Utility Easement - Authorize
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SPECIAL PUBLIC WORKS COMMITTEE MINUTES
JANUARY 27, 2003
COUNCIL MEMBERS PRESENT: Chair Tim Clark, Julie Peterson, Rico Yingling
STAFF PRESENT: Don Wickstrom, Brett Vinson, Gary Gill, Mark Howlett, Tim LaPorte,
Jackie Bicknell
PUBLIC PRESENT: Nick Brannon, Gary Vangsen
The meeting was called to order at 5:04 PM by Chair Tim Clark.
Approval of Minutes of January 6, 2003
Committee Member Rico Yingling moved to approve the minutes of January 6, 2003. The
motion was seconded by Committee Member Julie Peterson and passed 3-0.
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Pacific Highway South HOV Lanes Project—Interlocal Agreement with Highline Water
District
Public Works Director Don Wickstrom said the Public Works Department was proposing to
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enter into an agreement with Highline Water district to provide for relocation by the City of
various District facilities on the North Phase of Pacific Highway South at District cost. The
project will involve storm drainage work between Kent-Des Moines Rd and South 252"a Street,
and will be included within the City of Kent's 2003 Storm Drainage Project scheduled for
construction later this spring. Various existing utilities are in conflict with the new storm drain
location.
Julie Peterson moved to recommend authorizing the Mayor to sign an Interlocal
Agreement with Highline Water District for the relocation of their facilities within the
City's North Phase of the Pacific Highway HOV Lane Improvement Project subject to the
Public Works Director's concurrence of the language therein and to establish a budget for
the same. The motion was seconded by Rico Yingling and passed 3-0.
Local Hazardous Waste Management Grant—Recycling Events in March and April
Don Wickstrom said the City of Kent was in receipt of a Seattle-King County Department of
Health Local Hazardous Waste Management Program grant in the amount of$19,022.03 to fund
two household hazardous waste collection and recycling events in March and October, 2003.
Rico Yingling recommended authorization for the Mayor to sign the grant agreement in
the amount of$19,022.03, and to direct staff to accept the grant and establish a budget for
the funds to be spent within said project. The motion was seconded by Julie Peterson and
passed 3-0.
Street Vacation —South 266th Street: Set Hearing Date
Don Wickstrom said a petition to vacate a portion of Southeast 266"' Street, which abuts park j
property on 128th to 132"a and is part of a development on the south side,had received prior
approval by the City Council. Due to the complex issues and time constraints involved, and after
Public Works Committee, 1/27/03 2
review, the City Attorney felt it was best to begin the process again. In accordance with state
law, a public hearing must be held.
Julie Peterson moved to recommend that Council adopt a resolution setting a public
hearing date of March 18, 2003 for the street vacation located along Southeast 266t" Street.
The motion was seconded by Rico Yingling and passed 3-0.
Amend City Code 6.09.060—Compensation for Street or Alley Vacation
Don Wickstrom said that during last year's legislative session a new law was passed that now
allows cities to be compensated for their vacated right-of-way at 100% of appraised value instead
of the previous 50%. Since the current City Code only allows for collection of half the full
appraised value of vacated street or alley rights-of-way, that needs to be amended to allow for
the full compensation. Staff recommends that the monies received go into pedestrian pathways
for schools.
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Rico Yingling moved to recommend that Council adopt the proposed ordinance that
amends the City's Street Vacation Ordinance by allowing the City to collect up to the full-
appraised value of vacated street or alley property, as provided by state law, and removes
street classification provisions. The motion was seconded by Julie Peterson and passed 3-0.
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Release of Public Egress & Utility Easement: Authorize
Don Wickstrom said that when the Boeing Company platted the Pacific Gateway Business Park,
they wanted maximum flexibility with respect to lot configuration. Along the 196`h Sheet
frontage they created a series of smaller lots which could be sold either individually or to a single
user. Easement rights were granted to the City of Kent for road and utility purposes so that upon
development of just a single lot, the City could require the developer to construct the necessary
access road and utilities to service the lot. Three lots have been purchased by a single owner
who wishes to vacate the lot line and the easements.
Julie Peterson moved to recommend that Council authorize the Mayor to execute the
respective documents releasing any and all City rights in the public ingress/egress and
utility easement reflected on the southerly portion of Lots 15, 16, and 17 of the plat of
Pacific Gateway Business Park, as highlighted on the attachment. The motion was
seconded by Rico Yingling and passed 3-0.
Tim Clark announced that the regular meetings of the Public Works Committee on the first and
third Mondays of February would be cancelled because of the holiday on February 171h, and
there would be one single meeting on February 10"' at 5:00 PM.
The meeting was adjourned at 5:27 PM.
Jackie Bicknell
Council Secretary
PUBLIC WORKS DEPARTMENT
■�,.� Don E. Wickstrom, P.E. Public Works Director
T Phone:Fax: 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: January 27, 2003
To: Public Wq'rks Committee
From: Don Wickstrom, Public Works Director
Regarding: Pacific Highway South HOV Lanes Project
Interlocal Agreement with Highline Water District
The Public Works Department proposes to enter into an agreement with Highline Water District to
provide for relocation of various District facilities on the North Phase of Pacific Highway South by
the City at District cost. The work will be included within the City's 2003 Storm Drainage Project
scheduled for construction later this spring. The City executed a similar agreement last year and is
currently performing this work for the City's South Phase of Pacific Highway South.
Plans for this stage of construction of the HOV Lanes Project are being finalized for construction to
begin this April. The project will involve only storm drainage work between Kent-Des Moines Rd
and S. 252Id Street. The storm drain will be located based on the future street improvements to be
constructed next year. Various existing utilities are in conflict with the new storm drain location.
Existing franchises require that the utility companies relocate their facilities to accommodate the
new street improvements.
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Highline Water District has numerous meters, vaults and fire hydrants to be relocated to provide for
the street widening. Also a substantial amount of water main must be relocated to avoid the new
storm drain system. Similar to the 2002 Storm Drainage Project, the District has requested that the
City include the relocation work in our contract for the storm drainage system. The District will
design and fund the relocation work and the City will administer the construction contract. A draft
agreement for this work is attached. This agreement is similar to the agreement used for the 2002
project. The exact extent of the relocation work is being determined and will be attached to this
agreement when completed.
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MOTION: Recommend authorizing the Mayor to sign an Interlocal Agreement with Highline Water
District for the relocation of their facilities within the city's North Phase of the Pacific Highway HOV
Lane Improvement Project subject to the Public Works Director's concurrence of the language
therein and to establish a budget for same.
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AGREEMENT REGARDING THE j
NORTH PHASE OF THE PACIFIC HIGHWAY SOUTH HOV LANES PROJECT
BETWEEN THE CITY OF KENT AND HIGHLINE WATER DISTRICT
THIS AGREEMENT is entered into between the City of Kent, a Washington Municipal
Corporation, located and doing business at 220 Fourth Avenue South, Kent, Washington 98032
(hereinafter called "CITY") and Highline Water District, located and doing business at 23828
301h Avenue South, Kent, Washington 98032 (hereinafter called "DISTRICT").
RECITALS
WHEREAS, the CITY is in process of designing a roadway improvement project,
commonly known as Pacific Highway South HOV Lanes Project — North Phase, which
commences generally from Kent-Des Moines Road and runs generally south terminating at
South 252nd Street in Kent; and
WHEREAS, the DISTRICT has a Franchise with the CITY to provide water service for
the vicinity of the project; and
WHEREAS, the DISTRICT's water facilities are required to be relocated in order to
accommodate the storm drainage system for the new roadway project; and
WHEREAS the DISTRICT is financially responsible for all costs associated with this
relocation work and is obligated to reimburse the CITY for such work; and
WHEREAS the DISTRICT in conformance with its franchise agreement with the CITY
must complete all water main relocation work; and
WHEREAS in order to meet the CITY's schedule for the road improvement project the
DISTRICT would be obligated to perform this work; and
WHEREAS the CITY and the DISTRICT desire to work together for the mutual and
overall benefit of the roadway project and the water facility relocation work.
Pale t of 01/10/03
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NOW THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein, or attached and incorporated and made part hereof, IT IS
MUTUALLY AGREED AS FOLLOWS:
AGREEMENT
a
Section 1. General The CITY, as agent acting for and on behalf of the DISTICT, agrees to
perform the work in constructing the Improvements for the DISTRICT, in accordance with and
as described in the Scope of Work marked Exhibit A and Plans and Specifications marked
Exhibit B attached hereto, which by this reference are made part of this AGREEMENT.
Section 2. Construction Plans Plans, Specifications and cost estimates have been
prepared by the DISTRICT generally in accordance with the current State of Washington
Standard Specifications for Road, Bridge and Municipal Construction, DISTRICT Standard
Specifications as applicable and adopted design standards. The DISTRICT hereby approves
the Scope of Work and Plans for the described construction as shown on Exhibits A and B.
Section 3. Construction The CITY is hereby designated the DISTRICT's construction
agent for the project. The CITY will incorporate said Plans and Specifications into the CITY's
Project as a separate schedule (Schedule B ) and thereafter advertise the resulting project for
competitive bid. Once the contract is awarded, the CITY will administer the contract. As
construction agent, the CITY will perform all engineering, survey and field inspections and shall
make all payment to the contracts. The CITY will keep the DISTRICT advised as to the
progress of said project. The CITY, as construction agent, shall have final judgement, after
consulting with the DISTRICT, with regards to decisions related to the work of the Contractor.
Section 4 Authority to Construct The DISTRICT hereby authorizes the CITY to proceed
with construction in accordance with Exhibits A & B for the purpose intended by this
AGREEMENT, and as further described in Section 7.
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Section 5 Inspection by District The DISTRICT shall furnish an inspector on the project.
Any costs for such inspection will be borne solely by the DISTRICT. All contact between said
inspector and the CITY's contractor shall be through the CITY's representatives.
Section 6. Payment An itemized cost for work to be performed by the CITY for the
DISTRICT marked Exhibit C is attached hereto and, by this reference, is made part of this
AGREEMENT. The DISTRICT, in consideration of the faithful performance of the work to be
done by the CITY, agrees to reimburse the CITY for the actual direct cost of all work specified
in Schedule B that is the financial responsibility of the DISTRICT and shall take all necessary
action to pledge, budget and allocate the same. Payment shall be made by the DISTRICT to
the CITY within 30 days, upon the request of the CITY, to cover actual direct costs incurred by
the CITY. Costs shall include the DISTRICT's portion of the Contractor's construction costs,
construction inspection and the CITY's administration cost. Payments delayed beyond 30 days
shall include interest payments of 1 percent per month.
Section 7. Extra Work In the event of unforeseen causes require an increase in the
DISTRICT's cost obligation of 25 percent or more from that included in Schedule B, this
AGREEMENT will be modified by supplement agreement covering said increase. In the event it
is determined that any "substantial change" from the description of the work contained in the
AGREEMENT is required, written approval must be secured from the DISTRICT before the
beginning of such work. "Substantial change" is defined as any changes requiring an increase
in the DISTRICT's financial obligation (per Schedule B ) of greater than 25 percent. The CITY
shall provide prior written notice for all changes to the DISTRICT's portion of the work
regardless of the financial obligation.
Section 8. Emergency Repairs Prior to CITY acceptance of Contractor work, if there is a
need for emergency repair and the CITY's contractor is unable to perform such repair in a
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timely manner, the DISTRICT shall have permission to enter upon the CITY's right-of-way and
complete said emergency repair. Emergency repairs are defined as work performed by CITY or
DISTRICT forces to stabilize, remove immediate hazards or dangers by cutting and capping
water mains, and restoring immediate utility services to customers in the area. Upon completion
of any emergency repairs by the CITY or the DISTRICT, the CITY and the DISTRICT shall
cooperatively determine each party's financial responsibility.
Section 9. Final Acceptance The CITY shall conduct a field review of each constructed facility
with representatives of the DISTRICT and shall further require all punchlist items to be correct
to the satisfaction of the DISTRICT and the CITY before final acceptance by the CITY. The
DISTRICT agrees, upon satisfactory completion of the work involved as determined by the
DISTRICT, to deliver a letter of acceptance approving the CITY's design, management and
construction of the project. Acceptance shall not constitute acceptance of any unauthorized or
defective work or materials, nor be a waiver of any manufacturer's, supplier's or contractors'
warranties. Final acceptance of the project shall be by the CITY after inspection by all agencies
involved.
Section 10 Delivery of Completed Lines The CITY agrees, within 30 days from the date
of completion and final acceptance by the DISTRICT and the CITY of the Improvements, to
transfer ownership of Improvements to the DISTRICT by the appropriate documents. The CITY_ j
will forward to the DISTRICT any guarantee or warranty furnished as a normal trade practice in
connection with the purchase of any equipment, materials, or items used in the construction of
the project. The CITY shall submit as-built drawings in Autocad electronic format to the
DISTRICT upon completion of the project for DISTRICT review and approval. Upon delivery by
the CITY to the DISTRICT and DISTRICT approval as described in this section, the DISTRICT
shall issue a release and waiver of all claims or demands of any nature, past or present
Page 4 of 7 01/10/03
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whether known or unknown, that result from the CITY's performance of the work contemplated
in this AGREEMENT. This release and waiver must be in a form acceptable to the Kent City
Attorney. The CITY's Contractor shall warrant the workmanship and materials utilized in the
Improvements to be free of defects for a period of two (2) years from the date of transfer.
Section 11. Legal Relations The CITY and the DISTRICT agree to defend, save, keep,
and hold harmless the other, its officers, agents, employees, and volunteers from any and all
damages, costs or expenses in law or equity that may any time arise or be set up because of
damages to property or personal injury received by reason of, or in the course of, or which may
be occasioned any willful or negligent act or omission of the municipal entity arising out of the
activities which are the subject of this AGREEMENT. The construction specification shall
include the usual indemnification clause to protect the CITY and the DISTRICT.
Section 12 Resolution of Disputes and Governing Law This AGREEMENT shall be
governed 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 located in Kent, 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 of 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.
Section 13. Written Notice All communications regarding this AGREEMENT shall be sent
to the parties at the addresses listed on the signature page of this AGREEMENT, unless
notified to the contrary. Any written notice hereunder shall become effective upon the date of
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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.
Section 14. Assignment Any assignment of this AGREEMENT by either party without the
written consent of the non-assigning party shall be void.
Section 15. Modification No waiver, alteration, or modification of any of the provisions for
the AGREEMENT shall be binding unless in writing and signed by a duly authorized
representative of the CITY and the DISTRICT.
Section 16 Entire Agreement The written provisions and terms of this AGREEMENT,
together with any attached Exhibits, shall supersede all prior verbal statements of any officer or
other representative of either party, 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. This
document, including all Exhibits, is the entire agreement between the parties. Should any
language in any of the Exhibits to the AGREEMENT conflict with any language contained in this
AGREEMENT, the terms of this AGREEMENT shall prevail.
Section 17. Effectivity This AGREEMENT shall be effective as to all parties on the last date
signed below
(SIGNATURES ON THE FOLLOWING PAGE)
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executed b the Parties b
IN WITNESS WHEREOF,this AGREEMENT and Conveyance is exec y Y
their authorized officers indicated below
CITY OF KENT HIGHLINE WATER DISTRICT
BY BY
ITS ITS
DATE DATE
ATTEST: ATTEST:
CITY CLERK, CITY OF KENT
APPROVED AS TO FORM: APPROVED AS TO FORM:
KENT CITY ATTORNEY
Pale 7 of 7 Ot/10/03
EXHIBIT A
SCOPE OF WORK
This portion of the project, Schedule B of the contract, consists of installing new water mains to
replace existing ductile iron pipe (DIP) water mains along portions of Pacific Highway South,
which commences generally from Kent-Des Moines Road and runs generally south terminating
at South 252nd ST in Kent, WA. The work includes approximately lineal feet of 12-inch,
8-inch and 6-inch diameter DIP water main, gate valves, fire hydrants, (2) new fire vaults,
reinstall existing services, reconnect to existing system, asphalt patching and other related
appurtenances.
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EXHIBIT B
PLANS AND SPECIFICATIONS
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EXHIBIT C
COST OF WORK
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
O T Phone:Fax: 253-866-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: January 27, 2003
To: Public orks Committee
From: Do ickstrom, Public Works Director
Regarding: Local Hazardous Waste Management Grant
Recycling Events in March and October
We are in receipt of a Seattle-King County Department of Health, Local Hazardous Waste
Management Program grant in the amount of $19,022.03 to fund two City of Kent
Household Hazardous Waste Collection and Recycling Events in March and October
2003. The events will be for the collection and recycling of used motor oil, oil filters,
petroleum based products, antifreeze, batteries and other such materials. At this time we
are requesting authorization for the Mayor to sign the grant agreement.
MOTION:
Recommend authorization for the Mayor to sign the grant agreement in the amount of$19,022.03,
direct staff to accept the grant and establish a budget for the funds to be spent within said project.
Lo al azar!!ous Waste Management Program in King County
10 December 2002
King County
Solid Waste
Division '..
King County
Water and Land
Resources Divislon
Re: The Local Hazardous Waste Management Program's 2003 Contract
Suburban Cities
Association
Seattle Public
Utilities
Public Health- Dear City Recycling Coordinator,
Seattle 5 King
County
Enclosed is the 2003 Local Hazardous Waste Management Program contract for your City's
Participating
Cities.- review and signature. We would like to bring to your attention the fact that this is a new
Algona contract consisting of three distinct parts.
Auburn
Beaux Arts
Village The first part is the standard contract that Seattle-King County Department of Public Health,
Bellevue uses when entering into contractual agreements with cities and other entities. The
Black remaining two sections,Exhibits I&II,are unique to the Local Hazardous Waste
Diamond
Bodtell Management Program. Exhibit I describes the roles and responsibilities of the Program and
Burien of the City. Exhibit II is the form we ask that you use when seeking reimbursement for
r'arnudon hazardous waste events, activities or programs.
ode Hilt
Covington The language contained in the exhibits is new and reflects input from each of the Program's ''....
Des Moines partners,including representatives from the suburban cities. In drafting this new contract,
Duvall we attempted to strike a balance between the needs of the County,the cities,and the
Enumclaw
Federal Way Program.
Hants Point
Issaquah Although we do not anticipate making changes to the 2003 contract,we would like to
Kenmore ensure that we are responsive to your needs and therefore welcome your comments and
Kent suggestions for ways to improve this contract in 2004 and beyond.
Kirkland
Lake Forest
Park If you have any questions,comments or concerns please feel free to contact Paul Shallow,
Maple valley the Program's Contract Administrator, or Ken Armstrong the Program Administrator.
Medina
Mercer Island Thank you. '..
Newcastle JJJ -
Normandy /
rk
P
North Bend �—
Pacific W I
Redmond
Renton Ken Armstrong aul Shallow
Sammamish LHWMP Administrator LHWMP Contract Administrator
Sea Toe 206-352-8163 206-296-4751
Seattle
6Jaoreline
Skykomish
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Snoqualmie
'litkwila
Woodinville Printed with soy-based ink on recycled paper with postconsumer content.
Yarrow Point
WCIA Confirmation Form - Risk Web - KentNet Page 1 of 2
KENT
A
P6
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How To: Thank you! Your information has been submitted to WCIA and the
Contact us certificate will be sent or faxed as you have requested. If you would like
Get Evidence of a copy of your request for your records, use the print button to print this
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Report An On The
Job Iniury
Report a_Vehicle City Kent Liability Only
Accident
Certificate Holder: Certificate Holder
Safety Manual First Name: Seattle-King County Department of Health
Safety Committee Attention: Jeffrey Brown, Sr. Grant & Contract Specialist
Subject Index Firm Address: 999 Third Avenue, Suite 1520
Training City: Seattle State: WA Zip:98104-4039
Purpose of Certificate: City of Kent will organize two Household
Supervisor Info Hazardous Waste Collection and Recycling Events to be held in March and
Supervisors' Insight October 2003 for the collection and recycling of motor oil, filters,
petroleum based products, antifreeze, batteries and other materials as
About orientation for needed.
New Employees
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About on the-job Send Original to: Jeffrey Brown
iniuries
Additional City cc: Robyn Bartelt
Forms
Fax to: at Fax #:
Links Requested by: Robyn Bartelt at Phone: 253-856-5549
®RiskWeb
253-856-5270
Centennial Center
Second Floor
http://kentnet.kent/RiskWeb/ vti_bin/shtml.dll/Forms/WCIARequest.htm 1/6/2003
For Public Works Committee meeting:
Seattle-King County Department of Health, Local Hazardous Waste Management
Program grant in the amount of $19, 022.03 to fund two City of Kent Household
Hazardous Waste Collection and Recycling Events in March and October 2003 for the
collection and recycling of used motor oil, oil filters,petroleum based products,
antifreeze, batteries and other such materials.
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II
King County Contract No. D32779D
Federal Taxpayer ID No. q - ov mS+)
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Department/Division Seattle-King County Department of Public Health
City City of Kent
ProjeetTitle Local Hazardous Waste Management Program
Contract Amount$ 19,022.03 Fund Code Local Hazardous Waste Fund
Contract Period From: January 1,2003 TO December 31,2003
KING COUNTY SUBURBAN CITY CONTRACT—LOCAL HAZARDOUS WASTE-2003
THIS CONTRACT is entered into by KING COUNTY(the"County"),and the City of Kent,whose address is
220 4's Avenue South,Kent,Washington 98032(the"City").
WHEREAS,the County has been advised that the following are the current funding sources,funding levels and
effective dates:
FUNDING SOURCE FUNDING LEVEL. EFFECTIVE DATES
Local Hazardous Waste Find $19,022.03 1/1/03—12/31103,
and
WHEREAS,the County desires to have certain services performed by the City as described in this Contract,and as
authorized by Ordinance No.14517.
NOW THEREFORE,in consideration of payments, covenants,and agreements hereinafter mentioned,to be made
o,the parties covenant and do mutually agree as follows:
and performed by the parties beret
I. SCOPE OF SERVICES
The City shall provide services and comply with the requirements set forth hereinafter and in the following
attached exhibits,which are incorporated herein by reference:
® Sco e of Work and Responsibilities Attached hereto as Exhibit I
® Bud et/tnvoi e Attached hereto as Exhibit11
® Certificate of Insurance Attached hereto as Exhibit III
IL DURATION OF CONTRACT
This Contract shall commence on the 1st day of January 2003 and shall terminate on the 31st day of.
December 2003,unless extended or terminated earlier,pursuant to the terms and conditions of the
Contract.
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1 D327791):City of Rent
Local Hazardous Waste Management Program
HI. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the City for satisfactory completion of the services and requirements
specified in this Contract,payable in the following manner:
Upon receipt of the invoice as set forth in Exhibit H,which compiles with the budget set forth
therein,for services completed in compliance with Exhibit I,Scope of Work.
B. The City shall submit an invoice and all accompanying reports as specified in the attached exhibits
not more than 30 days after the close of each indicated reporting period. The County will initiate
authorization for payment after approval of corrected invoices and reports. The County shall make
payment to the City not more than forty-five(45)days after the appropriate invoice is received.
C. The City shall submit its finatinvoice and all outstanding reports within 30 days of the date this
Contract terminates. If the City's final invoice and reports are not submitted by the day specified in
this subsection,the County will be relieved of all liability for payment to.the City of the amounts set
forth in said invoice or any subsequent invoice,
IV. OPERATING BUDGET
When a budget is attached hereto as an exhibit,the City shall apply the funds received from the County
under this Contract in accordance with said budget. The Contract may contain separate budgets for
separate program components.
The City shall request prior approval from the County for amendment to this Contract when the cumulative
amount of transfers among the line items within each funding source's program budget is expected,by the
end of the Contract period,to exceed 10% of the Contract amount for that program budget.
"Cumulative transfers"shall be defined as the total amount of over-expenditures of individual line items
within a specific program budget;the total amount for said specific program budget remaining unchanged.
Supporting documents necessary to explain fully the nature and purpose of the amendment must
accompany each request for an amendment.
V. INTERNAL CONTROL AND ACCOUNTING SYSTEM
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The City shall establish and maintain a system of accounting and internal controls which complies with
applicable,generally accepted accounting principles,and governmental accounting and financial reporting
standards.,
VI. MAINTENANCE OF RECORDS
A. The City shall maintain accounts and records,including personnel,property,financial,and
programmatic records and other such records as may be deemed necessary by the County to ensure
proper accounting for all Contract funds and compliance with this Contract.
B. These records shall be maintained for a period of six(6)years after termination hereof unless
Permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code
of Washington(RCW)Chapter 40.14.
C. The City shall inform the County in writing of the location,if different from the City address listed on
page one of this Contract,of the aforesaid books,records, documents, and other evidence and shall
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2 D32779D:City of Kent
Local Hazardous Waste Management Program
notify the County in writing of any changes in location within ten(10)working days of any such
relocation.
VII. EVALUATIONS AND INSPECTIONS
A. The City shall provide right of access to its facilities,including those of any subcontractor to the
County,the state,and/or federal agencies or officials at all reasonable times in order to monitor and
evaluate the services provided under this Contract. The County will give advance notice to the City in
the case of fiscal audits to be conducted by the County.
B. The records and documents with respect to all matters coveied by this Contract shall be subject at all
times to inspection,review,or audit by the County and/or state officials n h so autozed by unless a longer law
during the performance of this Contract and six(6)years after term
retention period is required by law.
C. The City agrees to cooperate with the County or its agent in the evaluation of the City's performance
under this Contract and to make available all information reasonably required by any such evaluation
process. The results and records of said evaluations-shall be maintained and disclosed in accordance
with RCW Chapter 42.17.
VIII. CORRECTIVE ACTION
If the County determines that a breach of Contract has occurred,that is,the City has failed to comply with
any terms or conditions of this Contractor the City has failed to provide in any manner the work or
services agreed to herein,and if the County deems said breach to warrant corrective action,the following
sequential procedure will apply:
A. The County will notify the City in writing of the nature of the breach;
B. The City shall respond in writing within ten(10)working days of its receipt of such notification,
which response shall indicate the steps being taken to correct the specified deficiencies. The
corrective action plan shall specify the proposed completion date for bringing the Contract into
compliance,which date shall not be more than ten(10)working days from the date of the City's
response,unless the County,at its sole discretion, specifies in writing an extension in the number of
days to complete the corrective actions;
C. The County will no the City in writing of the county's determination as to the sufficiency of the.
ination of sufficiency of the City's corrective action plan
City's corrective action plan. The determ
shall be at the sole discretion of the County;
D. In the event that the City does not respond within the appropriate time with a corrective action plan,
or the City's corrective action plan is determined by the County to be insufficient,the County may
commence termination of this Contract in whole or in part pursuant to Section X.B;
E. In addition,the County may withhold any payment owed the City or prohibit the City from incurring
additional obligations of funds until the County is satisfied that corrective action has been taken or
completed; and
F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section
X,Subsections A,B, C,D,and E.
3 D32779D:City of Kent
Local Hazardous Waste Management Program
II
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IX. AS SIGNMENT/SUBCONTRACTING �
A. The City shall not assignor subcontract any portion of this Contract or transfer or assign any claim
arising pursuant to this Contract without the written consent of the County. Said consent must be
sought in writing by the City not less than fifteen(15) days prior to the date of any proposed
assignment.
B. "Subcontract"shall mean any agreement between the City and a subcontractor or between
subcontractors that is based on this Contract, roj vided that the term"subcontract"does not include
the purchase of(1)support services not related to the subject matter of this Contract, or(2)supplies.
X: TERMINATION
A. This Contract may be terminated by the County without cause,in whole or in part,prior to the date
specified in Section II,by providing the City thirty(30)days advance written notice of the
termination.
B. The County may terminate this Contract, in whole or in part,upon seven(7)days advance written
notice in the event: (1)the City materially breaches any duty,obligation,or service required pursuant
to this Contract, of(2)the duties, obligations,or services required herein become impossible, illegal,
or not feasible.
If the Contract is terminated by the County pursuant to this Subsection X.B.(1).,the City shall be
liable for damages,including any additional costs of procurement of similar services from another
source.
If the termination results from acts or omissions of the City,including but not limited to
misappropriation,nonperformance of required services, or fiscal mismanagement,the City shall
return to the County immediately any funds,misappropriated or unexpended,which have been paid to
the City by the County.
C. If expected or actual funding is withdrawn,reduced,or limited in any way prior to the termination
date set forth above in Section II,the County may,upon written notification to the City,terminate this
Contract in whole or in part.
If the Contract is terminated as provided in this Subsection: (1)the County will be liable only for
payment in accordance with the terms of this Contract for services rendered prior to the effective date
of termination; and(2)the City shall be released from any obligation to provide such further services
pursuant to the Contract as are affected by the termination.
Funding or obligation under this Contract beyond the current appropriation year are conditional upon
appropriation by the County Council of sufficient funds to support the activities described in the
Contract. Should such appropriation not be approved,this Contract will terminate at the close of the
current appropriation year.
D. The City may terminate this Contract upon seven(7)days written notice,should the County commit
any material breach of this Contract.
E. Nothing herein shall limit,waive, or extinguish any right or remedy provided by this Contract or law
that either party may have in the event that the obligations,terms,and conditions set forth in this
Contract are breached by the other party.
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XL FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and assumes no obligation
for future support of the activity contracted herein except as expressly set forth in this Contract.
4 D32779D:City of Kent
Local Hazardous Waste Management Program
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XII. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract,the City is an independent Contractor, andneither it nor its
officers,agents, or employees are employees of the County for any purpose. The City shall be
responsible for all federal and/or state tax,industrial insurance,and Social Security liability that may
result from the performance of and compensation for these services and shall make no claim of career
service or civil service rights which may accrue to a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation,wages,benefits,or taxes
by, or on behalf of the City,its employees,and/or others by reason of this Contract. The City shall
protect,indemnify,and save harmless the County,their officex9,agents,and employees from and
against any and all claims, costs,and/or losses whatsoever occurring or resulting from(1)the City's
Failure to pay any such compensation,wages,benefits,or taxes,and/or(2)the supplying to the City of
work,services,materials,or supplies by City employees or other suppliers in connection with or
support of the performance of this Contract.
B. The City further agrees that it is financially responsible for and will repay the County all indicated
amounts following an audit exception which occurs due to the negligence,intentional act,and/or
failure,for any reason,to comply with the terms of this Contract by the City,its officers,employees,
agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished
by the prior termination of the Contract pursuant to the Duration of Contract or the Termination
section.
C. The City shall protect,defend,indemnify,and save harmless the County,its officers,employees,and
agents from any and all costs,claims,judgments, and/or awards of damages,arising out of,or in any
way resulting from,the negligent acts or omissions of the City,its officers, employees,and/or agents
in the performance of their obligations under this contract. The City agrees that its obligations under
this subparagraph extend to any claim,demand,and/or cause of action brought by, or on behalf of, .
any of its employees or agents. For this purpose,the City,by mutual negotiation,hereby waives,as
respects the County only, any immunity that would otherwise be available against such claims under
the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment,
award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article,
all such fees, expenses,and costs shall be recoverable from the City.
The County shall protect, defend,indemnify,and save harmless the City,its officers, employees,and
agents from any and all costs,claims,judgments,and/or awards of damages, arising out of,or in any
way resulting from,the negligent acts or omissions of the County,its officers,employees,or agents in
the performance of their obligations under this contract in the performance of their obligations
claim,
this contract. The County agrees that its obligations under this subparagraphy
demand,and/or cause of action brought by,or on behalf of,any of its employees or agents. For this
purpose,the County,by mutual negotiation,hereby waives,as respects the City only,any immunity
that would otherwise be available against such claims under the Industrial Insurance provisions of
Title 51 RCW. In the event the City incurs any judgment,award,and/or cost arising therefrom
including attorneys' fees to enforce the provisions of this article,all such fees,expenses,and costs
shall be recoverable from the County.
Claims shall include,but not be limited to,assertions that use or transfer of software,book,document,
report, film,tape, or sound reproduction or material of any kind,delivered hereunder,constitutes an
infringement of any copyright,patent,trademark,trade name,and/or otherwise results in unfair trade
practice.
Nothing contained within this provision shall affect and/or alter the application of any other provision
contained within this agreement.
5 D327791):City of Kent
Local Hazardous waste Management Program
MIT. INSURANCE REQ
UIREMENTS
A. By the date of execution of this Contract,the City shall procure and maintain for the duration of this
Contract,Insurance against claims for injuries to persons or damages to property which may arise
from,or in connection with,the performance of work hereunder by the City,its agents,
representatives, employees,and/or subcontractors. The costs of such insurance shall be paid by the
City or subcontractor, The City may furnish separate certificates of insurance and policy
endorsements for each subcontractor as evidence of compliance with the insurance requirements of
this Contract. For All Coverages: Each insurance policy shall be written on an"occurrence"form;
except that insurance on a"claims made"form may be acceptable with prior County approval.
If coverage is approved andpurchased on a`claims made"basis,the City warrants continuation of
coverage,either through policy renewals or the purchase of an extended discovery period,if such
extended coverage is available, for not less than three years from the date of Contract termination,
and/or conversion from a"claims made"form to an"occurrence"coverage form.
By requiring such minimum insurance,the County shall not be deemed or construed to have assessod
the risks that maybe applicable to the City under this Contract. The City shall assess its own risks
and,if it deems appropriate and/orpradent,maintain greater limits and/or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the scope, application
and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent
provided by the terms and conditions of the policy(s). Nothing contained within this provision shall
affect and/or alter the application of any other provision contained within this Agreement.
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. General Liability:
Insurance Services Office form number(CG 00 01 Ed. 11-88)coveringCOMMERCLAT
GENERAL LLADMITYI.
2. Professional Liability:
Professional Liability,.Errors, and Omissions coverage. In the event that services delivered
pursuant to this Contract either directly or indirectly involve or require professional services,
Professional Liability,Errors, and Omissions coverage shall be provided. "Professional Services",
for the purpose of this Contract section, shall mean any services provided by a licensed
professional.
3. Automobile Liability:
In the event that services delivered pursuant to this Contract involve the transportation of clients
by City personnel in City-owned vehicles or non-owned vehicles,the City shall provide evidence
of the appropriate automobile coverage.
Insurance Services Office form number(CA 00 01 Ed. 12-90) coveringBUSINESS AUTO
COVERAGE, symbol 1 "any auto;"or the appropriate coverage provided by symbols 2, 7, 8,or 9.
4. Workers'Compensation:
Workers'Compensation coverage,as required by the Industrial Insurance Act of the State of
Washington, as well as any similar coverage required for this work by applicable federal or"Other
States"state law.
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6 D32779D:City of Kent
Local Hazardous Waste Management Program
C. Minimum Limits of Insurance
The City shall maintain limits no less than,for:
1. General Liability: 1 Million combined single limit per occurrence by bodily injury,personal
injury,and property damage, and for those policies with aggregate limits, a 2 Million
aggregate limit.
2. Professional Liability,Errors,and Omissions: 1 Million.
3. Automobile Liability: 1 Million combined single limit per accident for bodily injury and
property damage.
4. Workers' Compensation: Statutory requirements of the state of residency.
D. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by,the County. The
deductible and/or self-insured retention of the policies shall not apply to the City's liability to the
County and shall be the sole responsibility of the City.
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E. Other Insurance Provisions
The insurance policies required in this Contract are to contain,.orbe endorsed to contain,the .
following provisions:
1. General Liability Policies
a. The County,its officers,officials,employees, and agents are to be covered as additional
insureds as respects liability arising out of activities performed by or on behalf of the City in
connection with this Contract.
b. To the extent of the City's negligence,the City's insurance coverage shall be primary
ty,its officers, officials,employees, and agents. Any
insurance as respects the Coon
insurance and/or self-insurance maintained by the County,its officers,officials,employees,
or agents shall not contribute with the City's insurance or benefit the City in any way
c. he City's insurance shall apply separately to each insured against whom claim is made
and/or lawsuit is brought,except with respect to the limits of the insurer's liability.
2. All Policies
Coverage shall not a suspe ded,voided,ca�celed, reduced in coverage or in limits,
exceptbthe
reduction of the applicable aggregate limit b claims aid,until a$er forty- ( y-) Y prior
written notice has been given to the County.
F. Acceptability of Insurers
Unless otherwise approved by the County,insurance is to be placed with insurers with a Bests'rating
of no less than A:VIII,or,if not rated with Bests,with minimum surpluses the equivalent of Bests'
surplus size VIll. Professional Liability,Errors, and Omissions insuranceCouy be placed with insurers
with 4 Bests'rating of B+VII. Any exception must be approved by King ty.
7 D32779D:City of Kent
Local Hazardous Waste Management Program
If, at any time,the foregoing policies shall be or become unsatisfactory to the County,as to form or
substance,or if a company issuing any such policy shall boor become unsatisfactory to the County,
the City shall,upon notice to that effect from the County,promptly obtain a new policy,and shall
submit the same to the County,with appropriate certificates and endorsements,for approval.
G. Verification of Covera P
The City shall furnish the County with certificates of insurance and endorsements required by this
Contract. The certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each _
insurance policy are to be on forms approved by the County prior to the commencement of activities
associated with the Contract. The County reserves the right to require complete,certified copies of all
required insurance policies at any time.
H. Subcontractors
The City shall include all subcontractors as insureds under its policies or shall An ish separate
certificates of insurance and policy endorsements from each subcontractor, Insurance coverages
provided by subcontractors as evidence of compliance with the insurance requirements of this
Contract shall be subject to all of the requirements stated herein.
I. Municipal Provisions
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If the City, as 4Municipal Corporation of the State of Washington,is self-insured for any of the above
insurance requirements,a certification of self-insurance shall be attached hereto and be incorporated
by reference and shall constitute compliance with this section.
XW. 'NONDISCRIMINATION
The City shall comply with all applicable federal, state and local laws regarding discrimination.
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XV. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES
A. In accordance with the provisions of Washington Initiative 200,no County Minority and Women
Business(M/WBE)utilization requirements shall apply to this Contract. No minimum level of
M/WBE subcontractor participation or purchase from M/WBE certified vendors is required and no
preference will be given by the County to a bidder or proposer for their M/WBE utilization or
MlWBE status. The completion of County M/WBE forms which may be included in the contract
documents is not required.Provided,however,that any affirmative action requirements set forth in
any federal regulations or statutes included or referenced in the Contract documents will continue
to apply.
B. During the term of this Contract,the City shall not create barriers to open and fair opportunities
for M/WBEs to participate in all County contracts and to obtain or compete for contracts and
subcontracts as sources of supplies,equipment, construction and services. In considering offers
from and doing business with subcontractors and suppliers,the City shall not discriminate against
any person on the basis of race,color,creed,religion,sex, age,nationality,marital status,sexual
orientation or the presence of any disability in an otherwise qualified disabled person.
C. The City shall maintain,until at least 12 months after completion of all work under this contract,
records and information necessary to document its level of utilization of M/WBEs and other
businesses as subcontractors and suppliers in this contract and in its overall public and private
8 D32779D:City of Kent
Local Hazardous Waste Management Program
business activities. The City shall also maintain,until 12 months after completion of all work
under this contract, all written quotes,bids,estimates or proposals submitted to the Contractor by
ail businesses seeking to participate in this Contract. The.City shall make such documents
available to the County for inspection and copying upon request. If this contract involves federal
funds,City shall comply with all record keeping requirements set forth in any federal rules,
regulations or statutes included or referenced in the contract documents.
D. King County encourages the utilization of minority owned businesses(`2dBEs")and women-
owned businesses("WBEs")(collectively,'M/WBEs")in County contracts. The County
encourages the following practices to open competitive opportunities for M/WBEs:
Attending a pre-bid or pre-solicitation conference,if scheduled by the County,to provide it
project information and to inform MMEs of contracting and subcontracting
opportunities. including
e Placing all qualified small businesses attempting to do business in County,King
M/WBEs,on solicitation lists,and providing written notice of subcontracting
opportunities to M/WBEs and all other small businesses capable of performing the work,
including without limitation all businesses on any list provided by the County,in sufficient
time to allow such businesses to respond to the written solicitations.
Breaking down total requirements into smaller tasks or quantities,where economically
feasible,in order to permit maximum participation by small businesses including
M/WBEs,
where the requirements of this contract permit,that
Establishing delivery schedules,
encourage participation by small businesses,including M/WBEs.
Providing M/WBEs that express interest with adequate and timely information about
plans,specifications,and requirements of the contract.
Utilizing the services of available minority community organizations,minority contractor
groups,local minority assistance offices,the County,and other organizations that provide
assistance in the recruitment and placement of M/WBEs.
E. Any violation of the mandatory requirements of the provisions of this Section shall be a material
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breach of contract for which the City may be subject to damages and sanctions provided for by
contract and by applicable law.
XVI. CONFLICT OF INTEREST
A. - The City covenants that no officer,employee,or agent of the County who exercises any functions or
responsibilities in connection with the planning and implementation of the program funded herein,or
any other person who presently exercises any functions or responsibilities in connection with the
planning and implementation of the program funded herein shall have any personal financial interest,
direct or indirect,in this Contract. The City shall take appropriate steps to assure compliance with
this provision.
B. If the City violates the provisions of Subsection XIX.A.,the County will not be liable for payment of
services rendered pursuant to this Contract. Violation of this Section shall constitute a substantial.. .
breach of this Contract and grounds for termination pursuant to Section X. above,as well as any other,
right or remedy provided in this Contract or law.
9 D32779D:City of Kent
Local Hazardous Waste Management Program
XVIL POLTPICAL ACTIVITY PROIIIBI l'ED
None of the funds,materials,property, or services provided directly or indirectly under this Contract shall ,
be used for any partisan political activity or to birther the election or defeat of any candidate for public
office.
XVIII. NOTICES
Whenever this Contract provides for notice to be provided by one party to another,such notice shall be:
A. In writing;and
B. Directed to the chief executive officer of the City and the director/manager of the County
department/division specified on page 1 of this Contract.
Any time within which a party roust take some action shall be computed from the date that the notice is
received by said party..
XIX• PROPRIETARY RIGHTS
Tire parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article
should result from the work described herein, all rights accruing from such material or article shall be the
sole property of the City. The City agrees to and does hereby grant to the County,irrevocable,
nonexclusive, and royalty-free license to use,according to law,any material or article and use any method
that may be developed as part of the work under this Contract. The foregoing license shall not apply to
existing training materials, consulting aids, checklists, and other materials and documents of the City
which are modified for use in the performance of this Contract,
XX. CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall
be incorporated by written amendments to this Contract.
XXI. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The City shall use recycled paper for the production of all printed and photocopied documents related to
the fulfillment of this Contract and shall ensure that, whenever possible, the cover page, of each document
printed on recycled paper bears an imprint identifying it as recycled paper.
If the cost of recycled paper is more than 15% higher than the cost of non-reoycled paper, the City may
notify the Contract Administrator,who may waive the recycled paper requirement.
The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable
products wherever practical in the fulfillment of this Contract.
XXH. ENTIRE CONTRACT/WAWEROFDEFAULT
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The parties agree that this Contract is the complete expression of the terms hereto and any oral or written
representations or understandings not incorporated herein,are excluded. Both parties recognize that time is
of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be
deemed to be a waiver of any subsequent default. Waiver.of beach of any provision of the Contract shall
not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
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Local Hazardous Waste Management Program
modification of the terms of the Contract unless stated to be such through written approval by the County,
which shall be attached to the original Contract.
XXIH. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The City and any subcontractor agree,when applicable,to abide by the terms of Chapters 26.44, 69.54,
70.02, 70.96A,71,05, 71A.10, 7 IA.14, 7 IA.18,71.20, 71.24, and 71.34 of the Revised Code of
Washington,rules and regulations promulgated thereunder; the Basic InterCity Contract between the
Department of Social and Health Services and King County, as amended,and regulations of the state and
federal governments, as applicable,which control disposition of funds granted under this Contract,all of
which are incorporated herein by reference..
In the event that there is a conflict between any of the language contained in any exhibit or attachment to
this Contract, the language in the Contract shall have control over the language contained in the exhibit or
the attachment,unless the parties affirmatively agree in writing to the contrary.
KING COUNTY: CITY:
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FOR
King County Executive Signature
Date Name(Please type or print)
Date
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
September 20,2002
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11 D32779D:City of Kent
Local Hazardous Waste Management Program
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Contract#D32779D
EXHIBIT I—Scope of Work& Responsibilities
CITY OF KENT
MEMORANDUM OF UNDERSTANDING ON THE LOCAJU HAZARDOUS
WASTE MANAGEMENT PROGRAM FOR 2003 ACTIVITIES
The Local Hazardous Waste Management Plan(hereafter referred to as the"Plan")as updated in 1997,was
Waste Division, Seattle Public Utilities,King County
adopted by the partner agencies(King County Solid
Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities
located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220
subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous
Waste Management Program(hereafter referred to as the"Program").
The purpose of this Exhibit is to define the terms and conditions associated with the Program's funding of City
activities performed under the auspices of the Plan and as approved by the Program's Management
Coordination Committee(hereinafter referred to as the"MCC"). This Agreement further defines the
responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of
Program monies.
Scone of Work
The City of Kent will organize two citywide Household Hazardous Waste Collection and Recycling Events. At
these events the following materials will be collected and recycled:motor oil,motor oil filters,petroleum based
products,antifreeze,tires,batteries and other materials if determined to be cost effective.
Responsibilities of the Parties
The responsibilities of the parties to this Contract shall be as follows:
A. The City
1. The City shall develop and submit project proposals and budget requests to the Program's Contract
Administrator. Funds provided to the City by the Local Hazardous Waste Management Program
pursuant to this Contract shall be used to implement hazardous waste programs and/or services as
approved by the MCC.
2. For reimbursement the City shall submit the following to the Contract Administrator:
a) An invoice(see Exhibit II). Invoices should be sent to the Contract Administrator for
approval and payment.
b) A brief description of activity accomplished and funds expended in accordance with the
scope of work.
c) Copies of invoices for expenditures or a financial statement prepared by the City's finance
department. The financial statements should include vendor names,a description of
services provided,date paid and a check or warrant number.
3. The City shall notify the Contract Administrator no later than December 15th regarding the amount of
outstanding expenditures for which the City has not yet submitted a reimbursement request.
4. It is the responsibility of the City to comply with all applicable county,state and/or federal reporting
requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to
Contract#D32779D
the Contract Administrator the quantity,by type,of moderate risk waste collected using Program funds.
The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste
Manifest or similar form, associated with the transport of moderate risk waste collected through Program-
funded events.
5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities
associated with the City's events or in any other way associated with activities conducted within the scope
of this Contract. In the event of a spill or other emergency,the City is responsible for complying with all
applicable laws and regulations.
6: The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—
with Program funds. The intent of this provision is to further strengthen this regional partnership in the
public's mind. _
7. The City agrees to provide the Program with copies of all media material produced for local hazardous
waste management events or activities that have been funded by the Program. The City also agrees to
allow the Program to reproduce media materials created with Program money provided that the Program
credits the City as the originator of that material.
8. This project shall be administered by Robyn Bartelt at the City of Kent,220 4th Ave. S,Kent, at(253) 856-
5549,(rbartelt@ci.kent.wa.us)or her designee.
9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the
Contract Administrator should be referred to the LHWMP Program Administrator for resolution.
B. Seattle King County Department of Public Health
1. Seattle-King County Department of Public Health shall administer,via the attached Contract,the
transfer of Program funds to the City for hazardous waste management events and activities.
2. Within forty-five(45)days of receiving a request for reimbursement from the City,the Contract
Administrator shall either notify the City of any exceptions to the request which have been identified or
shall process the request for payment. If any exceptions to the request are made,this shall be done by
written notification to the City providing the reason for such exception. The Contract Administrator
will not authorize payment for activities and/or expenditures that are not included in the scope of work,
unless the scope has been amended. The Contract Administrator retains the right to withhold all or
partial payment if the City's invoices are incomplete(e.g.they do not include proper documentation of
expenditures for which reimbursement is being requested)or are not consistent with the submitted
scope of work.
C. Program Contacts
Ken Armstrong Paul Shallow
LHWMP Program Administrator L14WMP Contract Administrator
150 Nickerson Street, Suite 100 999 Third Avenue, Suite 700
Seattle,WA 98109 Seattle,WA 98104
206-352-8163 206-296-4751
ken.armstrong@metrokc.gov paulshallow@metrokc.gov
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Contract#D32779D
EXHIBIT II
Budget/Invoice
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
From: The City of Kent
220 4th Ave. S
Kent,WA 98032-5895
To: Paul Shallow,LHWMP Contract Administrator
Seattle-King County Department of Public Health
999 3rd Avenue, Suite 700 j
Seattle,WA 98104
Contract#D32779D 2003.
Period of time: ,2003 to
In performance of a signed Contract between King County and the City of Kent,I hereby certify that the
following expenses were incurred during the above-mentioned period of time.
Signature Date
E
nt Budget Current Expenses Previous Charges Balance
on
n
HHW Collection $19,022.03
Other(describe)
TOTAL $19,022.03
FOR HEALTH DEPARTMENT USE ONL
Y
Local Hazardous Waste Management Program Approval:
Paul Shallow Date
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
KENone: 253-856-5500
T PhFax: 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: January 27, 2003
To: Public Works Committee
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From: Don ickstrom, Public Works Director
Regarding: Street Vacation — Southeast 266th Street
We have received a valid petition to vacate a portion of Southeast 266 to Street. This street
vacation had prior approval by Council on June 18, 2002, see attached minutes. Due to
the complex issues involved after review the City Attorney felt it was best to deal with the
issues and begin the process again. In accordance with state law, a public hearing must
be held. The Public Works Department recommends adoption of a resolution setting the
public hearing date.
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MOTION:
Recommend Council adoption of a resolution setting a public hearing date of March 18, 2003 for
the street vacation located along Southeast 266`], Street.
Kent City Council Minutes June 18, 2002
STREET VACATION
Anderson explained for Peterson that it might be possible
that one single family residence could be built on the
site, and if not, crop and tree farming could be done .
The motion to deny the application then carried with
White opposed.
(PUBLIC HEARINGS - ITEM 5B) (CFN-102)
SE 266th Street Vacation (STV-2002-2/KIVA #2020816) .
Resolution No . 1619 established this date for a public
hearing on the application by Mark Holland of Pacific
Land Consulting, Inc . , to vacate a portion of SE 266th
Street between 128th and 132nd Avenue SE . Charlene
Anderson, Planning Manager, showed the location and noted
that the purpose of the street vacation is to facilitate
development of a proposed subdivision called Highland
Park. She noted that staff recommends approval of the
street vacation with conditions as shown in the staff
report . Upon questions from Council members, it was
noted that there would be a pedestrian access all the way
from 128th to 132nd.
The Mayor opened the public hearing. Mark Holland, 13619
Mukilteo Speedway, Lynnwood, requested that Condition
No . 1 be tied to the approval of the engineered drawings
and that any compensation or trading referenced in the
condition be done at that time . Wickstrom explained that
Mr. Holland does not necessarily want to buy additional
property if his plat is not approved. Brubaker noted
that typical procedure has been to impose conditions and
when they've been met, the cost is paid and an ordinance
is brought to Council finalizing and executing the street
vacation and the property changes hands at that time.
Holland noted that he is working with the Parks
Department to swap some of the land, and that the legal
description won' t be known until the engineering drawings
are complete .
George Webb, 26524 128th Avenue SE, asked whether the
portion of the right of way adjacent to his property
would revert back to him if the vacation went through.
He was told that 30 ' would remain public right of way and
that he could file a petition to vacate that portion of
the street adjoining his property.
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DEPAR?MENT OF PUBLIC WORKS
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Date:
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TO: City Cleric
FROM: Jerry McCaughan
RE: Street Vacation -5 , Z h S
Regarding subject matter, please be advised that I have reviewed same and found
everything in order. Therefore I am filing the original application with you and at the
same time, by copy of this memo to the Public Works Director, the process should
begin.
cc: Don Wicicstrom
Planning Manager
Attachment: Maps
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
KENT PhFax 253-856-6500
wA5111NGTON
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: January 27, 2003
To: Pubic Works Committee
From: Don Wickstrom, Public Works Director
Regarding: Authorization to Amend City Code 6.09.060
Compensation Criteria for Street or Alley Vacation
During the last year's legislative session a new law was passed that now allows cities to be
compensated for their vacated right of way at 100% of its appraised value versus 50%.
It is the Public Works Department's recommendation that the Council amend the City Code
to allow full compensation for its vacated street or alley rights of way. The current City
Code (see attached) only allows for collection of half the full-appraised value thereof.
i
Upon Committee's concurrence here with, the City Attorney's Office will have the
necessary amending ordinance prepared and we will included it as part of the agenda
packet for consideration by the full Council.
MOTION:
Recommend the Council amend City Code 6.09.060 to allow the City to collect full-
appraised value of vacated street or alley property as allowed by the legislature.
6.09.010 Kent City Code
Chapter 6.09 street or alley described in the notice,together with
a statement of the time and place for the hearing of
STREET OR ALLEY VACATION* the petition.The city clerk shall direct a copy of the
notice and of the resolution to the city planning
Sections: director who shall solicit comments from city
6,09.010 Initiation of proceeding-Fee. departments,from utility companies and from such
6,09.020 Notice of hearing-Objections prior to other as he believes to have a special interest in the
hearing. vacation. If the proceeding is initiated by resolu-
6.09.030 Hearing-Ordinance of vacation. tion of the city council without a petition having
6.09.040 Street vacations. been signed by the owners of more than two-thirds
6.09.050 Title to vacated street or alley. of the property abutting upon the part of the street
6.09.060 Compensation criteria-Classification or alley sought to be vacated, in addition to the
of streets and alleys. notice hereinabove required, there shall be given
by mail at least fifteen (15) days before the date
*Cross reference(s)-Dcpartment of public works,ch.2.28. fixed for the hearing a similar notice to the owners
State law reference(s)— Abandonment, RCW 35A.58.020, or reputed owners of all lots, tracts or parcels of
35.79.010 et seq. _ land or other property abutting upon any street or li
alley or any part thereof sought to be vacated, as
6.09.010 Initiation of proceeding-Fee. shown on the rolls of the county assessor, directed
The owners of an interest many real estate abut- to the address thereon shown.If the owners of fifty
ting upon any street or alley who may desire to (50)percent of the property abutting upon the part
vacate the street or alley or any part thereof may of such street or alley sought to be vacated file writ-
petition the city council to make such vacation, ten objection to the proposed vacation with the city
giving a description of the property to be vacated or clerk prior to the time of hearing,the city shall not
the city council may itself initiate by resolution proceed with the resolution,
such vacation procedure.If the petition is signed by (Ord. No. 1934, § 2. Formerly Code 1986,
the owners of more than two-thirds of the property § 4,08.020)
abutting upon the part of such street or alley sought
State law reference(s)-Similar provisions,RCW 35,79.020.
to be vacated and is accompanied by a fee of one
hundred fifty dollars ($150), the city council shall
by resolution fix a time when the petition shall be 6.09.030 Hearing-Ordinance of vacation. j
heard and determined by them, which time shall The hearing on such petition or resolution shall
be held before the city council on the date fixed by
not be more than sixty (60) days nor less than
twenty (20) days after the date of the passage of resolution e . the Limey which such hearing may
be adjourned. The city pluming director shall
such resolution. �
(Ord. No. 1934, § 1. Formerly Code 1986, report his findings at the hearing.If the city council
§4.08.010) determines to grant such petition or any part
thereof,they shall by ordinance vacate such street,
State law reference(s)-Similar provisions,RCW 35.79.010 or alley, or any part thereof. The ordinance may
or seq. provide that it shall not become effective until the
owners of the property abutting upon the street or
6.09.020 Notice of hearing-Objections prior alley, or part thereof so vacated, shall compensate
to hearing. the city in an amount which does not exlieed one-
Upon the passage of the resolution,the city clerk half 1 2) the ap raised value of the area vacated
-��_��
shall give twenty(20)days'notice of the pendency -Such ordinance may provide that the city retain an
of the petition by a written notice posted in three easement or the right to exercise or grant ease-
(3) of the most public places in the city and a like ments in respect to the vacated land for the con-
notice in a conspicuous place on the street or alley struction, repair, and maintenance of public
sought to be vacated. The notice shall contain a utilities and services.The city shall not vacate such
statement that a petition has been filed to vacate the street or alley or any parts thereof if any portion
(Revised 8/01) 6-20.6
Kent City Code 6.09,060
thereof abuts on a body of water unless such vaca- 4. D Class. All city streets or alleys originally
tion be sought to enable the city, port district or dedicated or otherwise conveyed to the city by the
state to acquire the property for port purposes,boat present petitioner for the vacation of such streets or
moorage or launching sites,park,viewpoint,recre- alleys for which no public expenditures have been
ational or education purposes, or other public use. made in the acquisition, improvement or mainte-
This provision shall not apply to industriall zoned nance of the streets or alleys or any other street or
property. A certified copy of such ordinance shall alley not included within class A,B or C are clas-
be recorded by the city clerk and in the office of the sified as D class streets or alleys.
King County auditor.The one-hundred-fifty-dollar B. The amount of compensation if required
($150) fee shall not be refundable whether or not herein shall be determined by the city council
the petition is granted. according to the following criteria:
(Ord. No. 1934, § 3. Formerly Code 1986, 1. Vacation of all city streets or allevs
4.08.030) included in classes A and_B if ranted shall re
auire
compensation at one-half(1/2 the full anpLaisech
State law references —Similar provisions,RCW 35.79.030. `� I
O P value of the vacated street or alley as of eff�,-
tive date o_t e vacation;which amount, for the
6.09.040 Street vacations. purposes of this section,may be determined by the
Street vacations shall be subject to the limita- engineering division of the public works depart-
tions set forth in RCW 35.79,035 pertaining to ment. The city council shall have authority to
vacation of streets abutting bodies of water. accept real property of equal value in lieu of cash
compensation where the value of the street or alley
6.09.050 Title to vacated street or alley. to be vacated is not more than the value of the real
if any street or alley is vacated by the city coun- property to be acquired by such exchange.
cil, the property within the limits vacated shall 2, Vacation of all city streets or alb
belong to the abutting property owners, one-half included in class-C if granted inaerequi eC comp—n-
(1/2) to each. sation at one-half(1/2 the full appraisQdx _Ue nf-
Ord. No. 1934, 4. Formerly Code 1986, ��
( § Y t e vaca e street or e@ as of th�e�ffeEti to of
§ 4.08.040) tho va to ra on, which amount, for the purposes of
State law references)—Similar provisions,RCW 35.79.040. this section,may be determined by the engineering
division of the public works department. The city
6.09.060 Compensation criteria— council shall have authority to accept real property
of equal value in lieu of cash compensation where
Classification of streets and alleys,
A. For the purposes of this chapter,all streets or the value of the street or alley to be vacated is not
alleys within the city are hereby declared to be more than the value of the real property to be
within one(1)of four(4) classes: acquired by such exchange.
1. A Class. All city streets or alleys acquired 3. Vacation of all city streets or alleys
at monetary cost to the city are classified as A class included in class D if granted may require compen-
streets or alleys. sation based on the administrative costs of the
2. B Class. All city streets or alleys acquired vacation,
at no monetary cost to the city and for which C. When a street or alley is vacated for a gov-
expenditures of funds have been made in the ernmental agency, and compensation is required,
improvement or maintenance of the streets or compensation shall be based on the administrative
alleys are hereby classified as B class streets or costs of the vacation and may, in the discretion of
alleys. the city council,be based on original cost of acqui-
3. C Class.All city streets or alleys for which sition.
no public funds have been expended in the acquisi- D. When determining the value of the vacated
tion,improvement or maintenance of the streets or street or alley, the engineering division may
alleys are classified as C class streets or alleys. require an appraisal be performed.The cost of such
6-21
I
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6.10,010 Kent City Code
appraisal shall be paid by the petitioner and mon- Chapter 6.10
ies,therefore, shall be deposited with the city prior
to the city authorizing an appraisal to be prepared. STREET TREES*
E. The compensation determined to be paid
shall be a condition precedent to the passage of the Sections:
specific ordinance pertaining to such vacated street 6.10.010 Definitions.
or alley and shall be paid to the city by the peti- 6.10.020 Street tree and planting list.
tioner within ninety (90) days of the city council 6,10.030 Street tree planting plans and
passage of the motion directing the city attorney to standards.
prepare the specific vacation ordinance. In the 6.10.040 Property owner requests.
event of failure of the petitioner to pay such sum 6.10.050 Street tree maintenance, inspection
within ninety (90) days, the petition for vacation andremoval.
shall be denied. 6.10.060 Protection of street trees.
(Ord. No. 2333, § 4, 1-18-82) 6.10.070 Nomliability of city.
6.10.080 Violations and penalties.
*Cross reference(s)—Department of public works,ch, 2.28;
landscaping, ch. 15,07; preservation of trees, § 15,08.240;
planting of certain trees prohibited,§7.04.060.
I
State law reference(s) — Authority to require landscaping,
RCW 35.43.040, 1
I
6.10.010 Definitions.
The following words and phrases when used in
this chapter, shall have the following meanings
unless a different meaning is clearly required by
the context:
Director shall mean the director of the parks and
recreation department of the city.
Maintain or maintenance shall mean the entire
care of trees in planting strips, as well as the
preparation of ground, fertilizing, mulching,
planting, spraying,trimming,pruning,topping and
root control, but not watering, unless specifically
so stated.
Planting shall mean planting and replacement in
planting strips.
Planting strip shall mean the area available for
planting between the street curb, the edge of the
traveled portion of roadway and the property line.
(Ord.No. 1703, § 1; Ord.No. 2567, § 2. Formerly
Code 1986, § 4.12,010)
Cross reference(s) — Deffiutions and rules of conshuction
generally,§ 1.01.030.
II
6-22
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom,P.E.Public Works Director
Phone: 253-856-5500
•
ICE T Fax: 253-856-6500
WAGHINGTGN
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: January 27, 2003
To: PubA'G.V1Jorks Committee
�11�J
From: Don Wickstrom, Public Works Director
Regarding: Authorizing the Release of a Public Egress and Utility Easement
When the Boeing Company platted the Pacific Gateway Business Park they wanted
maximum flexibility with respect to lot configuration. As such along 196th St. frontage they
created a series of smaller lots, which could be sold either individually or to a single user.
Were they then to sell individually they also granted easement rights to the City for road
and utility purposes such that upon development of one of those lots the City could require
the development to construct the necessary access road and utilities to service the lot.
Lots 15, 16, and 17 as reflected in the attachment were such lots which have now been
bought by a single owner who wishes to vacate the lot line and the easements. The Public
Works Department recommends that Council authorize the release of said easements. 4
i
MOTION:
Recommend the Council authorize the Mayor to execute the respective document(s)
releasing any and all City rights in the Public Ingress/Egress and Utility easement reflected
on the southerly portion of lots 15,16, & 17 of the plat of Pacific Way Business Park as
highlighted on the attachment.
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Ali iorom V0:40 raa Zvu ZJubuer LPN ARCHITECTS �PJUU1
002
i
January 8, 2003
City of Kent
Public Works.Department
Property Management
Legal Department
220 Fourth Ave. S. Suite 300
Kent, WA 98032-5895
Re: SEPA Review#RPSA-2023964
Walker Plaza
Pacific Gateway Business Park
Kent, Washington
Former Lots#15, #16, #17
LPN Job No. 02030
Per review with Damien Hooper, City of Kent Planning Services,the three individual lots
have or are being vacated on this property and this letter is specifically requesting
elimination of the reserved public ingreWegress and utility easement per plat, (which
would have provided separate street access for each individual lot and not required for
this proposed development).
An additional copy of title report, statutory warranty deed is attache&
Qe
c Ily,e . Berg
President
LPN Architects and Planners
WFT Company One LLC
17821 SE 58'" Place
i
Bellevue, WA 98006
Bob Walker
cc: Damien Hooper, City of Kent Planning Services
Jason Hubbell, Barghausen Engineers
Dan Balmelli, Barghausen Engineers
-ACIFIC GATEWAY BUSINE-SS -PP
TION OF THE NE 1 /4, SE 1/4 AND SW 114 OF SECTI(
I jF THE NW 1/4 OF SECTION 11, TOWNSHIP 22 NO
-LAMETTE MERIDIAN , CITY OF KENT, KING COUNTY,
r SOUTH 196TH STREET PER PLAT OF SOUTI
SOU HCEi,TER CORPORATE PARK P1A1
FOUND MONUMENT SET PER PLAT OF SOUTHCENTER FOON
CORPORATE PARK VOL. 114, P. 36+$HEE
CORF
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REC. NO. 8311280800
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