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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 07/20/2015 I Public Works Committee Agenda T x Councilmembers: Brenda Fincher - Dana Ralph - Dennis Higgins, Chair July 20, 2015 Item Description Action Speaker Time Pace 1. Call to order Chair Higgins 1 2. Roll Call Chair Higgins 1 3. Changes to the Agenda Chair Higgins 1 4. Approval of Minutes, dated July 6, 2015 YES Chair Higgins 3 03 5. Grandview Apartments Slope Easement and YES Chad Bieren 08 07 Staging Area License Agreement 6. Water District #111 Service Boundary YES Sean Bauer 05 29 Change Agreement 7. Overlay Project Change Order - ICON YES Eric Connor 08 33 8. Consultant Agreement with KBA Inc. — S. YES Eric Connor 05 35 Central Construction Management 9. Information Only/State Transportation NO Monica Whitman 08 59 Package 10. Information Only/Water Update NO Sean Bauer 20 61 11. Information Only/Howard Hanson Dam, Fish NO Mike Mactutis 10 63 12. Information Only/109th Street Channelization NO Joe Araucto 10 65 Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Monday of each month at Kent City Hall, Council Chambers East, 220 41h Ave S, Kent, WA 98032. For additional information please contact Cheryl Viseth at 253-856-5500. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank. Public Works Committee Minutes 3 July 6, 2015 Item 1 — Call to Order: The meeting was called to order at 4:01 p.m. by Committee Chair, Dennis Higgins. Item 2 — Roll Call: Committee members present: Higgins, Ralph and Fincher. Item 3 — Chances to the Agenda: Switch in order, item 7 will be heard before item 6 Item 4 — Approval of Meeting Minutes Dated June 15, 2015: Committee member Fincher MOVED to approve the minutes of June 15, 2015. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 5 —10 Year Inter-Local Agreement with Water Resource Inventory Area (WRIA) 9: Environmental Manager, Mike Mactutis noted that in 1999, the federal government listed Puget Sound Chinook salmon and Bull Trout as threatened under the Endangered Species Act. In 2000, concerned about the need to protect and restore habitat for salmon, 16 cities and King County in WRIA 9 signed an ILA to jointly participate in and fund the development of a habitat conservation plan. In 2006, the ILA was updated to reflect implementation of the 2005 WRIA 9 Salmon Habitat Plan and renewed for a ten year term which expires at the end of 2015. Puget Sound Steelhead were subsequently also listed as threatened under the Endangered Species Act in 2007. The local agencies entered into the ILA share interest in and responsibility for addressing long term watershed planning and conservation and wish to continue providing for planning and implementation of various activities and projects. The result of the sixteen years of collaboration among the parties and stakeholders is the development and implementation of the WRIA 9 Salmon Habitat Plan, which is anticipated to be updated in the term of the proposed ILA. The goals of the ILA are to collaborate on Salmon recovery; integrate other efforts into the Salmon recovery efforts. Another is to review capital projects, funding sources are reviewed at the Form. Kent has been awarded over 5 million in grants, this year the City is looking at 1.6 million in grant funding. Funding comes through State, local and Federal funding; the City is the third largest contributor. Some accomplishments to date are 918 acres of protected land through acquisition or easement and 80 acres of riparian area planted. The proposed ILA has been updated to reflect the current structure of the WRIA 9 Watershed Ecosystem Forum and clarify some of its purposes and procedures. Ratification of the ILA would continue the City's support for preservation and restoration of salmon habitat in the Green River watershed through the implementing the Salmon Habitat Plan. The updated WRIA should be signed by the end of July. Committee Chair Higgins notes that at the last meeting it was made clear that no major changes are being made and all entities involved are signing the same document. There seems to be no reason to not approve this ILA; this is an impressive agreement to be a part of and approve. Committee member Fincher and Ralph agree. Committee member Ralph further noted that the intent of the ILA is solid and expressed her appreciation for Environmental Manager Mactutis being a strong voice for the City of Kent and for bringing a very balanced voice to the group with great perspective. Committee Member Ralph MOVED to recommend to City Council authorization for the Mayor to sign an Interlocal Agreement (ILA) for the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area (WRIA) 9 (which includes portions of Water Resource Inventory Areas 8, 10, and 15). The motion was SECONDED by Committee member Fincher and PASSED 3-0. 1 Public Works Committee Minutes 4 July 6, 2015 Item 7 — Agreement with R2 Resource Consultants for Mitigation for the Mill Creek Reestablishment Proiect: Environmental Biologist, Matt Knox noted that the Mill Creek Reestablishment Project proposes to reestablish the original grades between culverts along Mill Creek in the Kent valley. This project will remove accumulated sediment within the creek channel between S. 2041h Street and W. Smith Street to reduce flooding and drainage issues. The sediment build up in the Mill Creek channel seems to be coming from Earthworks and has no place to go. The project would remove built up sediment. Several environmental permits will be required for this project, including an Army Corps of Engineers Section 404 (Discharge of Dredge or Fill Material into Water) permit. Several wetlands are expected to be impacted by this project and mitigation must be designed and planned to receive Corps approval of the 404 permit. Currently the goal is to permit the entire project so staff does not have to return to committee for each permit. There is about 3 miles of creek channel to clear, including wetland mitigation that needs to happen as a result of clearing the sediment. R2 Resource Consultants, Inc., will design a wetland mitigation plan that meets Corps requirements to compensate for impacts to Mill Creek wetlands from the Mill Creek Reestablishment Project. It is expected that mitigation will occur on the City property just east of Mill Creek and north of James Street (the "Little Property"). Knox noted that informational meetings have been held with the neighborhood council and mailings have been sent. He anticipates continuing this practice as the project moves forward. Committee member Fincher MOVED to recommend Council authorize the Mayor to sign a consultant services agreement with R2 Resource Consultants, Inc. in an amount not to exceed $76,319 to prepare a wetland mitigation plan for the Mill Creek Reestablishment Project. This agreement will be subject to terms and final conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 6 — Agreement with Tetra Tech for Geotechnical Enaineerina for the Mill Creek Reestablishment Proiect: Environmental Engineer, Toby Hallock noted The Mill Creek Reestablishment project consists of removing accumulated sediment throughout the creek channel in order to restore the original grade of the creek. The accumulation of sediment is one reason there is flooding along Mill Creek in the Kent Valley. In researching the creek and its culverts, it was determined that two culverts are at higher elevations than areas directly upstream. This causes water to back up and increases the risk of flooding during rain events. Tetra Tech, Inc. will evaluate the two culverts and the surrounding areas and make recommendations to alleviate the potential problems caused by the elevated culverts. One of the culverts is under a driveway at the Chandler's Bay Apartment complex off of Central Avenue North and it is 3.5 feet higher than the closest up stream Culvert on James St. The other is a Union Pacific Railroad culvert near 761h Avenue South and it is about 3 feet higher than the next upstream culvert. Improvements at and near these two culverts, in addition to other improvements related to this project and other current storm drainage work in the valley will help reduce the risk of flooding. Director LaPorte commented that it was important to know exactly what we needed to do before we approached Union Pacific Railroad about solutions. The Culvert at Union Pacific has some 2 Public Works Committee Minutes 5 July 6, 2015 quarry rocks that may be able to be removed which could help alleviate the flooding. This will be a partnership project with Drainage District number 1. Committee member Ralph questioned if the UP culvert was the responsibility of the City of Kent and if we can approach the railroad about bringing it up to code since it was not built or maintained by the City. Director LaPorte responded that the study needed to be done first prior to approaching the railroad so we are able to ask that question of UP intelligently. Committee Member Fincher questioned what other cities might also be having this problem and if a solution was to approach the railroad together. Committee Chair Higgins agreed that this was an idea that should be explored. Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a consultant services agreement with Tetra Tech, Inc. in an amount not to exceed $27,045 to evaluate and provide recommendations to improve culverts along Mill Creek, subject to terms and final conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 8 — Information Only/Change Order 40" Ave & 42nd Ave — 2015 Overlay Project: Joe Araucto, Pavement Management Engineer, noted that at the June 16, 2015 City Council meeting, the Public Works Department will present 401h Avenue South between South 272nd and approximately 150 feet north of Cambridge Court, and 42nd Avenue South between Reith Road and South 261s' Street as candidate streets to add to the 2015 Overlay Project. These streets were chosen as a representative street from the West Hill Area and because they are main arterials. There will be coordination with the local schools for the project. Director LaPorte commented that more action items will be brought to the Committee after Construction Manager, Eric Connor has reviewed the work that needs to be done on these streets. The speed bumps on these streets are some of the first put in the City back in the 70's and the plan is to replace them exactly as is, with new pavement since they have held up so well. Information Only/No Motion Required The meeting was adjourned at 4:54 p.m. Kara Moore Council Committee Recorder 3 6 This page intentionally left blank. 7 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director DEVELOPMENT ENGINEERING DIVISION Brennan Taylor, P.E., Manager Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 14, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Brennan Taylor, P.E., Development Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Grandview Apartments Slope Easement and Staging Area License Agreement Motion: Move to recommend that Council authorize the Mayor to execute all necessary documents to grant a slope easement and temporary license agreement on city property adjacent to the Grandview Apartments, LLC development for grading and staging area purposes. Summary: Permits are currently under review by the City for a 261-unit apartment complex called Grandview Apartments, located at the northwest corner of Veterans Drive and Riverview Boulevard. The property was recently sold by the City to DevCo, Inc. as surplus property remaining from the 228th Corridor road project. In order to construct the apartment development on this sloped property, a significant amount of grading is necessary. A small amount of grading needs to extend onto a separate City-owned property (parcel #1522049173) adjacent to and north of the Grandview site in order to avoid construction of a large unsightly wall. Accordingly, Grandview Apartments, LLC is requesting a slope easement from the City to allow grading on the City-owned parcel referenced above, which contains a pedestrian path connecting to the Grandview Dog Park. The proposed grading will not impact the path and the Parks Department is aware of the proposal. Additionally, Grandview Apartments, LLC has requested a temporary license agreement to use another City-owned parcel south of Veterans Drive (parcel #1522049170) during construction (2 years) for staging of construction equipment and employee vehicles. Exhibits: Slope Easement with Exhibits A, B and C Staging Area License Agreement with Exhibits A, B, C and D Budget Impact: The payment to the City for the slope easement will be $14,832.09 and the license fee for the staging area will be $2,888.35 per month. 8 This page intentionally left blank. 9 WHEN RECORDED RETURN TO: Property Management City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: City of Kent, a Washington municipal corporation Grantee: Grandview Apartments, LLC, a Washington limited liability company Abbreviated Legal Description: Southwest Portion of Parcel 1522049173 Additional Legal Description: As described in Exhibits "A" and "B" and depicted in Exhibit "C" of this Document. Assessor's Tax Parcel ID No. 1522049173 Project: Grandview Apartments SLOPE EASEMENT In consideration of Grantee's payment of fourteen thousand eight hundred thirty two and 09/100 dollars ($14,832.09), mutual benefits derived, and/or other valuable consideration, receipt of which Grantor and Grantee acknowledge, the City of Kent, a Washington municipal corporation ("Grantor'), conveys and quit claims to Grandview Apartments, LLC., a Washington limited liability company ("Grantee"), and its successors and assigns, a Slope Easement with necessary appurtenances, for the construction, maintenance, extension, reconstruction and repair of slopes, cuts and fill, over, under, through, across and upon the following described real property, situated in Kent, King County, Washington, but only to the extent necessary for the development and maintenance of the Grandview Apartments: • GRANTOR'S PROPERTY THAT IS SUBJECT TO THE EASEMENT IS DESCRIBED IN EXHIBIT -A,- ATTACHED. • THE EASEMENT AREA IS DESCRIBED IN EXHIBIT "B" ATTACHED. • A DRAWING INDICATING THE EASEMENT AREA IS ATTACHED FOR ILLUSTRATIVE PURPOSES ONLY AS EXHIBIT "C" ATTACHED. 10 Grantee shall at all times exercise its easement rights in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee accepts the easement area in its present physical condition, AS IS. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys' fees incurred by Grantor in connection with the grant of this easement, arising directly or indirectly from, on account of, or out of the wrongful or negligent exercise of these easement rights by Grantee, its servants, agents, employees and contractors. This Slope Easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. Dated this day of 2015. GRANTOR: By: Its: GRANTEE: By: Its: Notary Acknowledgements Appears on Next Page 11 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 12 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM City Attorney P'.\CINnFl l esVOpen Ries\1811GFandvlew\Slope Easement Forth.doc: 13 EXHIBIT A Description of City of Kent Parcel 1522049173, New Parcel 3 of City of Kent Record of Survey, Recording No. 20130109900002 That portion of the northwest quarter of Section 15, Township 22 North, Range 4 East, Of the W.M., in King County, Washington, described as follows: Commencing at the northwest corner of Tract R, of City of Kent Lot Line Adjustment Number LL-99-13 as recorded under King County Recording Number 19991123900003; thence S89°42'51"W, along the north line of said Tract R, 56.57 feet to the True Point of Beginning of the herein described Tract, thence S17°17'08"E 250.35 feet to a point of tangency with a 1969.00 foot radius, circular curve to the right, thence southerly, along said curve, through a central angle of 12°42'34" an arc distance of 471.13 feet to a point of tangency; thence S03034'34"E 283.76 feet to a point of tangency with a 2431.00 foot radius, circular curve to the left, thence southerly, along said curve, through a central angle of 00006'47", an arc distance of 4.80 feet to the north line of the south 1000.00 feet of the northwest quarter of said section 15, thence N89051'29"W, along said north line, 164.04 feet to a point on the west line of aforesaid Tract R, thence along the boundary of said Tract R the following eight courses and distances; thence N03051'20"E 4.56 feet; thence N50008'40"w 158.37 feet; thence S75051'20"W 110.56 feet, thence N00005'40"W 93.00 feet; thence N41012'28"E 208.83 feet; thence N89050'48"E 45.27 feet; thence N00049'56"E 663.32 feet to the north line of said Tract R; thence N89042'51"E 26.00 feet to the True Point of Beginning. 14 EXHIBIT B Legal Description of Grading Easement within New Parcel 3, City of Kent Record of Survey Recording No. 20130109900002 Commencing at City of Kent Control Point Number 8299 as shown on City of Kent Record of Survey AFN 20130109900002, located in the southeast quarter of the Northwest quarter of Section 15, Township 22 N, Range 4 E of the W.M., in King County, Washington, located on the centerline of Riverview Blvd South, at the north end of the overpass for South 231st St. Way; thence North 05028'23" West, along the center line of said Riverview Blvd South a distance of 20.37 feet to the beginning of a curve tangent to said line; thence continuing along said centerline northerly a distance of 72.65 feet along the curve concave to the east, having a radius of 2400.00 feet and a central angle of 1044'04"; thence North 89051'29" West, leaving said centerline a distance of 31.07 feet to the west margin of said Riverview Blvd South thence North 89051'29" West, a distance of 103.76 feet to the True Point of Beginning; thence North 60029'09" West, a distance of 44.47 feet; thence North 88043'03" West, a distance of 16.54 feet; thence North 25017'57" West, a distance of 59.90 feet; thence North 66045'19" West, a distance of 19.33 feet; thence North 79011'44" West, a distance of 39.96 feet; thence North 22017'52" West, a distance of 37.66 feet; thence North 68017'25" West, a distance of 30.49 feet; thence North 81029'16" West, a distance of 44.28 feet; thence North 42001'53" West, a distance of 17.74 feet; thence North 77036'15" West, a distance of 51.51 feet; thence South 68012'01" West, a distance of 10.45 feet; thence South 00057'11" East, a distance of 86.92 feet; thence North 75051'20" East, a distance of 116.69 feet; thence South 50008'40" East, a distance of 158.37 feet; thence South 03051'20" West, a distance of 4.56 feet; thence South 89051'29" East, a distance of 60.27 feet to the True Point of Beginning. Containing 12,677 Square Feet, More or Less. 15 EXHIBIT C Diagram of Grading Easement LINE BEARING DISTANCE L1 N35'28'23'W 20.37' L2 N89'51'29"W 31.07' CRY OF(CENT NEW L3 N60'29'0�9'W 44.47' PARCEL3,SURVEY L4 NE®'43 03"W 16.54' 20130109900002 L5 N25'17'57"W 59.90' TAX PARCEL L6 N66'45'19"W 19.33' I6 �y3 1522049173 L7 N79'11'44"W 39.96' '31 L] LB N22'17'5�2"W 37.66' Y ] L9 N68'17'25"W 30.49' IM-© �, <g L10 N81'�29'15"W 44.26' �m 09 L11 N42'01'53'W 1774' L12 N77'36'15'W 51..51 �a. L13 SB8'12'01"W 10.45' < 69 45, L 7 46 f!7 N?55h SSOe �'i+r V GRANDVIEW PROPERTY (CENT LLE NO.LL-2015-5, F REVISED BY RECORD OF SS6 B4 —T.P.O.B. SURVEY NO.20150622900002 '�'�. 10�3,76 W N N89"51'29 L2 503°.`r1'20W � 509°5129"E _ 4 56 60.27' R=2400.00' 1 W E A=72.55' �� S CRY OF(CENT --- NOT To SCALE CONTROL POINT 'T #8299 r 16 This page intentionally left blank. 17 TEMPORARY LIMITED LICENSE AGREEMENT FOR A CONSTRUCTION STAGING AREA PARTIES THIS TEMPORARY LIMITED LICENSE AGREEMENT FOR A CONSTRUCTION STAGING AREA ("License") is between the CITY OF KENT, a Washington municipal corporation ("City"), and Grandview Apartments, LLC, a Washington limited liability company ("Licensee"). RECITALS 1. Licensee seeks to construct a multi-family apartment development, located approximately at 3900 Veterans Drive, Kent, Washington, 98032. 2. Licensee has requested that the City grant a permit to use City property to temporarily store materials and equipment for staging purposes during Licensee's construction of the Grandview Apartments development. 3. The City has agreed to issue this license. NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. In consideration of payment of $2,888.35 per month until this License is terminated, and for mutual benefits derived and other valuable consideration receipt of which is hereby acknowledged by the City and Licensee, the City grants this License ("License") for a period of two years from the Effective Date (the "Term") for Licensee's use to temporarily store materials and equipment for staging purposes during Licensee's construction of the Grandview Apartments development across and upon a portion of the City's property located on King County parcel number 1522049170, described in Exhibit A ("Property") and approximately shown in Exhibit B and Exhibit C. This License is subject to all the terms and conditions established below. 2. Damage to Property and Restoration. Licensee will repair any damage to the Property caused by Grantee arising from or in any way connected to the Grantee's use of the Property. Upon revocation, termination, or expiration of this License, Licensee will restore, at Licensee's sole cost and expense, the Licensed Area to its original condition prior to the issuance of the License. This restoration obligation will survive the expiration of this License. 18 3. Revocation and Termination. This License affects a valuable property interest owned by the City. This License does not grant an estate in the Property; it is not an easement; it is not a franchise; it is not exclusive; and it does not exclude the City from full possession of the Property. As a License upon real property, it is revocable at the will of the City. However, prior to the City's termination or revocation, the City will provide Licensee with at least fifteen calendar days' written notice of termination or revocation. Licensee must remove all equipment, materials, and debris and restore the Licensed Area, unless the City and Licensee agree, in writing, otherwise. If Licensee fails to remove the Improvements within the allotted time, the City may remove all or part of the Improvements, restore the Licensed Area, and Licensee will compensate the city, all costs of the removal and restoration, within forty-five calendar days from the date the city submits to Licensee an accounting of costs incurred. Licensee waives any right it may have to any claim for damages of any kind incurred as a result of the City's removal of all or part of the Improvements. 4. Permits Required. The City's grant of this License does not release Licensee from any of its obligations to obtain applicable local, state and federal permits necessary to install, construct, use and inspect the Grandview Apartments. Licensee's failure to comply with this Section 4 will constitute grounds for immediate revocation by the City. The consideration in Section 1 is in addition to any fees required for applicable local, state and federal permits. S. Maintenance. Licensee will maintain the Property in a clean, well- kept, orderly condition to the satisfaction of the City. 6. Emergency. In the event of any emergency in which any portion of the Property becomes an immediate danger to the property, life, health or safety of any individual, Licensee will immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this License. However, this emergency work will not relieve Licensee from its obligation to obtain all permits necessary for this purpose, and Licensee will apply for those permits within the next two succeeding business days. 7. Indemnification. Licensee will comply with the following indemnification requirements: 7.1 Licensee will defend, indemnify, and hold the City, its officers, officials, employees, agents, assigns, and volunteers harmless from any and all claims, actions, injuries, damages, losses, or suits, including all reasonable legal costs, witness fees, and attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, except to the extent caused by the sole negligence of the City, its employees, agents, contractors, or invitees. 19 7.2 The City's inspection or acceptance of any of Licensee's work when completed will not be grounds to avoid any of these covenants of indemnification. 7.3 These indemnification obligations will extend to any claim, action or suit that may be settled by compromise, provided that Licensee will not be liable to indemnify the City for any settlement agreed upon without the consent of Licensee; however, if Licensee consents to the agreed upon settlement, the Licensee will indemnify and hold the City harmless as provided for in this Section 7 by reason of that settlement. Moreover, if Licensee refuses to defend the City against claims by third parties, Licensee will indemnify the City regardless of whether the settlement of those claims is made with or without Licensee's consent. 7.4 In the event that Licensee refuses to accept tender of defense in any claim, action, or suit by a third party pursuant to this Section 7 and if Licensee's refusal is subsequently determined by a court having jurisdiction (or other tribunal that the parties will agree to decide the matter) to have been a wrongful refusal, then Licensee will pay all the City's costs for defense of the action, including all reasonable legal costs, witness fees, and attorney fees and also including the City's costs, including all legal costs, witness fees and reasonable attorney fees, for recovery under this Section 7, indemnification clause. 7.5 The provisions of this Section 7 will survive the expiration or termination of this License. S. Insurance. Licensee will procure and maintain for the duration of this License, insurance of the types and in the amounts described in Exhibit D, attached. 9. Modification. This License may not be modified, altered, or amended unless first approved in writing by the City. 10. Assignment. Licensee will not assign all or any portion of its rights, benefits, or privileges, in and under this License without prior written approval of the City, which approval will not be unreasonably withheld or delayed. 11. Compliance with Laws. Licensee will comply with all federal, state and local laws, rules and regulations that are applicable to this License. 12. Venue and Jurisdiction. This License will be construed in accordance with the laws of the State of Washington. Venue and jurisdiction for the resolution of disputes will be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each party will be responsible for its own legal costs and attorney fees except as noted in Section 7. 20 13. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, will be in writing and will be deemed to have been given when sent by registered or certified mail, return receipt requested, to the addresses listed below for each party, or to another person or address as either party will designate to the other party in writing: CITY: LICENSEE: City of Kent Grandview Apartments, LLC Attn: City Clerk Attn: Evan Hunden 220 Fourth Avenue South 10900 NE 8th St., Ste. 1200 Kent, WA 98032 Bellevue, WA 98004 With a copy to: Economic and Community Development Director City of Kent 220 Fourth Avenue South Kent, WA 98032 14. No Waiver of Rights. Nothing in this License will constitute a waiver of either party's right to challenge any portion of the License that is not in accordance with applicable federal, state and local laws. 15. Warranty of Authority to Execute. Each person executing this License warrants that he/she has the requisite authority to bind the party for whom that person is executing. 16. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed in this License. This License will be effective upon the last day executed below ("Effective Date"). 21 CITY OF KENT LICENSEE By: By: Print Name:SUZETTE COOKE Print Name: Its: Mayor Its: Date: Date: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires zz STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires P, lTilesapmFilesUS11—F�a�� m®og��icm=eao= 23 EXHIBIT A THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE W.M., IN KING COUNTY, WAHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 15, FROM WHICH POINT THE NORTHWEST CORNER OF SAID SECTION BEARS N01°11'50"E 2627.97 FEET DISTANT, AND FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION BEARS S01°19'30"W 2629.88 FEET DISTANT; THENCE S89"51'29"E, ALONG THE EAST WEST CENTER OF SECTION LINE OF SAID SECTION 15, A DISTANCE OF 897.78 FEET; THENCE N24°44'16W 53.27 FEET; THENCE N20°12'27"E 43.80 FEET TO A POINT ON A 1340.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N24"42'56"W; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02023'08" AN ARC DISTANCE OF 55.79 FEET TO A POINT OF TANGENCY; THENCE N62°53'56"E 355.76 FEET TO A POINT OF TANGENCY WITH A 1960.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10"00'58" AN ARC DISTANCE OF 342.64 FEET; THENCE S65°09'41" E 22.56 FEET TO A POINT ON A 1945.00 FOOT CIRCULAR CIRVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF CURVE BEARS S16°35'26"E AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE EASTERLY, ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 11-07-22", AN ARC DISTANCE OF 377.58 FEET; THENCE SO5°28'04"E 7.00 FEET; THENCE N84°31'56"E 332.00 FEET; THENCE S73°00'00"E 61.09 FEET TO A POINT ON A 192.00 RADIUS CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N72'44'58"E; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 70°01'18", AN ARC DISTANCE OF 234.64 FEET TO A POINT OF REVERSE CURVATURE AND THE BEGINNING OF A 35 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 81047'57", AN ARC DISTANCE OF 49.97 FEET TO A POINT OF TANGENCY; THENCE S05°28'23" E 313.25 FEET TO THE EAST WEST CENTER OF SECTION LINE OF SAID SECTION 15; THENCE N89°51'29"W, ALONG SAID CENTER SECTION LINE, 392.47 FEET; THENCE N23°56'42"W 163.36 FEET TO A POINT THAT BEARS S65009'41"E FROM THE TRUE POINT OF BEGINNING; THENCE N65°09'41"W 592.96 FEET TO THE TRUE PONT OF BEGINNING. CONTAINING APPROXIMATELY 280,027 SQUARE FEET OR 6.4285 ACRES, MORE OR LESS. 24 EXHIBIT B � � \ / q�\ } � ZL Z4 80 0 cn oo,u :D n> 'T, L co A� 10 z czm 0 0 n5 W ?N'SP/ � � \ aAli3 21 , ------ --- -- - - - - - - - -- - - - -- - - - - - - - - - --- - zs dim �m� 26 EXHIBIT D INSURANCE REQUIREMENTS FOR LIMITED LICENSE AGREEMENT Insurance GRANDVIEW APARTMENTS, LLC 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 GRANDVIEW APARTMENTS, LLC, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance GRANDVIEW APARTMENTS, LLC 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. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage. Coverage shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an Additional Insured under the GRANDVIEW APARTMENTS, LLC's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liability insurance covering both the Commercial General Liability and Automobile policies. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance GRANDVIEW APARTMENTS, LLC shall maintain the following minimum insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 27 EXHIBIT D (Continued) 3. Excess Liability insurance shall be written with limits no less than $2,000,000 per occurrence and $2,000,000 aggregate in excess of the CGL policy cited above. 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: 1. GRANDVIEW APARTMENTS, LLC's insurance coverage shall be primary insurance as respects the City. Any insurance maintained by the City shall be excess of GRANDVIEW APARTMENTS, LLC's insurance and shall not contribute with it. 2. GRANDVIEW APARTMENTS, LLC 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 as respects work performed by or on behalf of GRANDVIEW APARTMENTS, LLC 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. GRANDVIEW APARTMENTS, LLC'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. GRANDVIEW APARTMENTS, LLC's Insurance For Other Losses GRANDVIEW APARTMENTS, LLC shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, employee owned tools, machinery, equipment, or motor vehicles owned or rented by GRANDVIEW APARTMENTS, LLC, or GRANDVIEW APARTMENTS, LLC's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation GRANDVIEW APARTMENTS, LLC and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Agreement or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. 2s EXHIBIT D (Continued) F. Verification of Coverage GRANDVIEW APARTMENTS, LLC shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability, Commercial General Liability and/or Excess insurance, of the GRANDVIEW APARTMENTS, LLC before commencement of the work. G. Subcontractors GRANDVIEW APARTMENTS, LLC 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 GRANDVIEW APARTMENTS, LLC. 29 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 16, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Eric Connor, Construction Manager Through: Chad Bieren, P.E., City Engineer Subject: Central Avenue S. Construction Management - Consultant Services Agreement with KBA, Inc. Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with KBA Inc. in an amount not to exceed $600,000 to provide construction management services for the Central Avenue S. Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Central Ave. S. Pavement Preservation and Utility Improvement Project is located on Central Ave S. between Willis Street and the Green River Bridge. This is a federally funded project that will provide pavement rehabilitation between Willis St. and the Green River Bridge. The project will also include new curb & gutter and sidewalk replacement, upgrading the existing 6" water main to 12", and providing cured-in-place lining of the existing sanitary sewer main. This year has been a very productive year in the Public Works Department with over 10 projects anticipated to be under construction this summer and fall. The Construction Engineering section needs additional help to manage all of these projects. Therefore, it is necessary to hire a consultant to for the Central Avenue project. Through our selection process and interview with three separate consultants we selected KBA, Inc. KBA, Inc. is a Construction Management firm based in Bellevue that specializes in managing Federally Funded Capital Improvement Projects in the Puget Sound Region. Exhibit: KBA Inc. Scope of Work and Fee Proposal Budget Impact: Funding for this work is included in the federal grants and B&O funds. 30 This page intentionally left blank. - M qN xm �Hgg E µg m s � m 62 R3xR m o v^" 88 o 2 00 wr xm h. —ry r m a 3 i� $ - ✓ t` n. d r o E vas 19 m g e gal a w � v E '2 :�� ryV yV rai no e U E V 1 h E ,. �m $o � E � o � 8 � �WFAro xi c J EEo c w '. � R'__➢� 3 E Y sy�w2o�n0 j�"c(4y yrnU :Y to VinZ�p Ouv� E a 32 This page intentionally left blank. 33 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 1, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Eric Connor, Construction Manager Through: Chad Bieren, P.E., City Engineer Subject: Potential Addition to the 2015 Overlay Project - 40th Avenue South &42"d Avenue South Motion: Move to recommend Council authorize the Mayor to sign a Construction change order with ICON Materials for $550,000 to provide additional asphalt work on 40th Avenue South between South 272"d and north of Cambridge Court, and 42"d Ave South between Reith Road and South 2615t Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: As presented at the July 6, 2015 Public Works Committee meeting, there is more funding available for this project than originally anticipated. Based on the favorable bid prices received for the 2015 Asphalt Overlay project, staff recommends Council authorize a change order to include 40th Avenue South between South 272nd and north of Cambridge Court, and 42nd Avenue South between Reith Road and South 261't Street. The contractor has agreed to extend its unit bid prices for this proposed change order. This ensures the price for the proposed work is competitive. Exhibit: None Budget Impact: Funding will come from the Solid Waste Utility tax. 34 This page intentionally left blank. 35 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 1, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Sean Bauer, Water Superintendent Through: Chad Bieren, P.E., City Engineer Subject: Water District #111 Service Boundary Change Agreement Motion: Move to recommend Council authorize the Mayor to sign an agreement with Water District #111 that would adjust the Water Service Area and Corporate Boundary of the Kent Water Department to include the On Rainier Pond plat. Summary: The Kent Water Service Area ends just west of the 124th Ave SE/SE 248th Street intersection. There is a housing plat called On Rainier Pond proposed on the southwest corner of the intersection that requires water service. Roughly half of the plat is located in the Water District #111 water service area; with the other half located in the city's service area. There is an existing Kent water main that runs under SE 248th Street that could economically serve the plat. The On Rainier Pond project developer, Water District #111 staff and Kent staff agree that adjusting the water service area and corporate boundary to allow Kent to serve the development makes the most sense. Water District #111 has sized its system to serve the area near the 124th Ave SE/SE 248th Street intersection and has invested in infrastructure to accommodate growth. Therefore, the District is allowed to collect system development fees. The attached agreement includes a provision to reimburse Water District #111 for its costs by splitting the system development fees for the parcels currently located in Water District #111, 50 percent to the District and 50 percent to Kent. There are 45 lots proposed within Water District #111 and 39 lots in Kent. Therefore, half the system development fees collected for the 45 lots in the District would be paid to the District. Exhibit: Draft Water Service Area and Corporate Boundary Adjustment Agreement Budget Impact: None. Kent's existing water system has been sized to include the area. Costs to connect to Kent's system will be borne by the developer. 36 This page intentionally left blank. 37 WATER SERVICE AREA BOUNDARY ADJUSTMENT AGREEMENT The City of Kent and Water District No. 111, both Washington municipal corporations, agree as follows: Recitals A. The City of Kent has received a subdivision plat application to construct approximately 82 single-family homes within the corporate boundaries of the City of Kent, the "Rainier Pond" subdivision. B. King County Water District No. 111 provides water service within a portion of the city's corporate boundaries. The city and the district have an agreed service area boundary line that determines which properties in Kent will be served by the city and which properties will be served by the district. C. The Rainier Pond subdivision property lies partially within both entities' service areas. D. The city and the district have decided to adjust their mutual service area boundary so that the Rainier Pond subdivision will lie entirely within the city's service area, on the condition that the city pay the district one-half of the system development charge established in section 7.02.160 of the Kent City Code and collected by the city from the Rainier Pond development for those lots residing within the current district boundary. Agreement 1. Boundary Adiustment. The service area boundary between the City of Kent and Water District No. 111 is adjusted so that all the property that comprises the Rainier Pond subdivision lies entirely within the city's service area. The Rainier Pond property site is described on Exhibit A, attached to this agreement. A map generally showing the Rainier Pond subdivision site and the original service area boundary line is attached for illustrative purposes as Exhibit B. A map generally showing the Rainier Pond subdivision site and the adjusted service area boundaries is attached for illustrative purposes as Exhibit C. 2. Payment. In consideration for adjustment of the service area boundary, the city will pay the district one-half of the system development charge established in section 7.02.160 of the Kent City Code and collected by the city from the Rainier Pond development for those lots located within the district's current service area (currently estimated at 45 lots). The city will tender payment to the District within thirty calendar days from the date the city receives payment from the developer. 38 3. Planning Documents, Other Approvals, and Governmental Notifications. The city and the district will amend their water system plans and any other required planning or permitting documents to show the adjusted boundary with each regular update of those plans, permits or other documents. Both the city and the district are responsible to provide any required government notifications, including without limitation, notifications to the Washington State Department of Health, the South King County Regional Water Association, and the Water Utility Coordinating Committee. However, failure to make those amendments, failure to obtain any required plan approvals involving the service area adjustment, or failure to provide required notifications will not affect the contractual obligations between the two parties established in this agreement. 4. Miscellaneous. 4.1 Duration. This agreement will remain in effect as a permanent service area boundary change. 4.2 Indemnification. The city will defend, indemnify and hold the 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 the city's negligent performance of this agreement. The district will 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 district's negligent performance of this agreement. 4.3 Non-Waiver of Breach. Either party's failure 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 will not be construed to be a waiver or relinquishment of those covenants, agreements or options. 4.4 Governing Law, Resolution of Disputes and Legal Costs. Washington law will govern this agreement. If the parties are unable to settle any dispute, difference or claim arising from this agreement, the exclusive means of resolving that dispute, difference or claim, will 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 will pay all its legal costs and attorney fees incurred in defending or bringing that claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph will be construed to limit the City's right to indemnification under subsection 4.1. 39 4.5 Assignment or Modification. Assignment, waiver, alteration, or modification of all or part of this agreement will not be binding unless in writing and signed by a duly authorized representative of each party. 4.6 Entire Agreement. The written provisions and terms of this agreement supersede all prior verbal statements of any officers or other representatives, and those statements will not be construed as part of this agreement. 4.7 Counterparts. This agreement may be executed in one or more counterparts, each of which shall constitute an original, and all of which together will constitute one agreement. 5. Effective Date. This agreement will take effect on the last date entered below. The City of Kent Water District No. 111 By By Its Its Date: Date: P'.AcivilAFllesVOpen Rles\1773-Public works Franchise Agm@wecer&sewerAWater service Area Boundary Adjust nenc Agreement doc: 40 This page intentionally left blank. 41 EXHIBIT _ THAT PORTION OF THE WATER DISTRICT 111 FRANCHISE LYING WITHIN SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, AS DESCRIBED IN CITY OF KENT ORDINANCE 3447 UNDER KING COUNTY RECORDING NUMBER 19991012000148 SHALL BE RELOCATED TO INCLUDE THE LANDS LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST 495.00 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 21 WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE EASTERLY, ALONG SAID SOUTH LINE TO THE WEST RIGHT OF WAY MARGIN OF 124TH AVENUE SOUTHEAST, SAID MARGIN BEING 30.00 FEET FROM CENTERLINE; THENCE NORTHERLY ALONG SAID WEST MARGIN AND ITS NORTHERLY EXTENSION TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY MARGIN OF SOUTHEAST 248TH STREET, SAID MARGIN BEING 20.00 FEET FROM CENTERLINE; THENCE WESTERLY ALONG SAID NORTH MARGIN TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE EAST 495.00 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 21, SAID POINT BEING ON THE WEST LINE OF THE EXISTING WATER DISTRICT 111 FRANCHISE LIMIT AND THE TERMINUS OF THE HEREIN DESCRIBED LINE. JJ;S woe ' F vns �;'•:�LCIS'1'fiR f�'�'�'Ai•LAt�' 42 ____ NORTH MARGIN 248TH s� SE 248TH ST - WEST LINE OF THE EAST 495' OF THE SWi/4 SEC 21 }�I ' cI m z o z O D m > w m Q } W of � Z " WI OI Zm wof m U w Q U W � WIC Z U Er E H U O W Z U Q �W WTI Y 0 " IQ I o � J NI Lu Z a' I IMPORTANT: THIS IS NOT A SURVEY.IT I POINT IS FURNISHED AS A CONVENIENCE TO LOCATE OF BEGINNING THE LAND INDICATED HEREON WITH REFERENCE SOUTH LINE OF NE1/4 OF SW1/4 TO STREETS AND OTHER LAND.NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON. PROJECT#WATER DISTRIC BOUNDARIES WATER DISTRICT 111 LOCATED IN THE NW 1/4 AND THE BOUNDARY REVISION SW 1/4 OF SEC 21,TOWNSHIP 22 N, K E N T DRAWN BY: TLM RANGE 5 E,W.M. CITY OF K W0 F.K " EXHIBIT ENT SCALE: 1"=200' LAND SURVEY SECTION DATE: 7/13/2015 43 WATER SALES AGREEMENT Between KING COUNTY WATER DISTRICT NO. 111 and the CITY of Kent This Water Sales Agreement ("Agreement") is made and entered into as of the Effective Date, as defined below, by and between King County Water District No. 111, a municipal corporation of the State of Washington ("District") and the city of Kent, a municipal corporation of the State of Washington ("Kent"), (each one individually a "Party" and collectively the "Parties"). Recitals: A. The Parties desire to avoid unpredictable water sales and to create a predictable and reliable cost for wholesale water to be sold by Kent to the District. B. By guaranteeing a minimum purchase of water for a given period of time, the cost of water, which to a significant extent is based on peaking factors, can be minimized for all of Kent's customers. C. This Agreement is intended to establish a rate for a fixed block of water for the mutual benefit of the Parties. D. It is in the interest of the District to have a predictable supply of water available, and it is in Kent's interest to have a predictable and consistent source of revenue from the sale of such water. E. The Parties are authorized to enter into this Agreement under the authority of their respective enabling legislation and under the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act. Water Sales Agreement Between WD 111 and City of Kent Page 1 44 NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows: 1) TAKE OR PAY: The District agrees to purchase a minimum Block of water as identified in this Agreement from Kent on a "take or pay" basis. For purposes of this Agreement, a "Block" shall mean either an average of 0.75 million gallons per day ("MGD") of water between the time period of October 1 and May 31, or an average of 1.0 MGD of water between the time period of June 1 and September 30. "Take or pay" shall mean that, in the absence of an emergency as set forth in Section 8 of this Agreement, the District shall pay for every Block of water whether or not the water is actually taken by the District, subject to the provisions of Section 2 herein. 2) CHARGES FOR WATER: On a monthly basis, the District will pay, as shown on Exhibit 1, attached hereto and incorporated herein by this reference, the base charge, plus the Block rate. In addition to the base charge and the Block rate, at any point during the Term, the District may request that Kent supply the District with wholesale water on a temporary basis in addition to the Block quantity then in effect. The availability of the temporary wholesale water supply for sale by Kent to the District at any time or from time to time during the Term shall be determined by Kent, in its sole discretion. If Kent determines that some or all of the temporary wholesale water supply is available for sale to the District, it may be sold, scheduled, priced, and delivered during any month and shall be billed at the appropriate overage rate shown in Exhibit 1; provided, that: 1) any water taken during an emergency, as defined in Water Sales Agreement Between WD 111 and City of Kent Page 2 45 Section 8, shall be billed at the Block rate, and 2) if Kent is unable to deliver up to the Block quantity of water requested by the District, then Kent shall only bill the District for the amount of water actually delivered, at the Block rate. Kent shall send a monthly bill to Water District No. 111, at the address and in the manner provided for in Section 13 for all water purchased by the District. 3) QUANTITY AVAILABLE / DELIVERED: The Block quantity shall be calculated as the amount of water to be delivered at an average rate of either 0.75 MGD or 1.0 MGD (depending on the season) measured over a rolling three-day period, with total quantities delivered within any single day being within ten percent, plus or minus, of the Block quantity in effect at the time as measured at the Kent Intertie meter ("Master Meter"). The Block quantity shall be provided to the District with the same degree of reliability and certainty of supply as water provided by Kent to its existing retail customers (including limitations thereof, such as provisions of the retail water regulations pertaining to interruption of service). The Block quantity provided to the District is not for the purpose of providing fire flows or for fire suppression purposes, and Kent does not warrant that the flow and pressure of the Block quantity provided to the District will meet wholesale water regulations or applicable law related to providing fire flows or for fire suppression purposes. The District acknowledges that it is solely responsible for compliance with applicable law related to fire flows and fire suppression. The Parties acknowledge that wholesale water service is inherently subject to disruption, interruption, suspension, curtailment and fluctuation. Kent shall not have any liability to the District or any other person for disruption, interruption, suspension, curtailment or fluctuation in the Block quantity. Water Sales Agreement Between WD 111 and City of Kent Page 3 46 4) ANNUAL RECONCILIATION: The master meter is located at ( ) to measure the flow of water. Kent will read the master meter on or about January Vt of each year to adjust for differences between the master meter and the water calculated to have been sold under this Agreement. The District is permitted, but not required to participate when the master meter is read. If there is a difference between the master meter and the calculated quantities, Kent will either charge or credit the District's account at the Block Rate. 5) ANNUAL REVIEW AND ADJUSTMENT: The initial Block of either 0.75 MGD or 1.0 MGD (depending on the season) shall remain in effect through December 31, 2065. Each year, during the Term of this Agreement, the Block may be adjusted by mutual agreement. By September 1 of each year the District shall notify Kent of its intent to continue without change or request an increase or decrease in writing of the Block quantity desired. Kent will review its ability to approve the change and may approve any requested change in the Block quantity, which would become effective January 1 of the year following the request. If Kent determines it cannot approve the request it will communicate this information to the District before October 1, and continue to provide the same amount as during the current year. In the event that neither Party communicates its intent to adjust the Block under this provision, the Block shall be deemed to continue unchanged. 6) WHOLESALE WATER CONNECTIONS AND INTERCONNECTION FACILITIES: Water Sales Agreement Between WD 111 and City of Kent Page 4 47 6.1 From and after the Effective Date, Kent shall be responsible for the maintenance and operation of the wholesale service connections in a manner that is consistent with applicable law and prudent utility practices. If at any time during the Term, Kent shall determine a need to upgrade, replace or modify any of the wholesale service connections, in whole or in part, Kent shall so notify the District, and cause such upgrade, replacement or modification to occur at such time, place and manner and with such labor, design, materials and equipment as Kent shall determine, in its sole discretion. No wholesale service connections other than the wholesale service connections are authorized by this Agreement, and no other such connections shall be allowed without a subsequent and separate written agreement between the Parties. Neither Party shall be obligated to agree to or execute any agreement or permit with the other Party to construct or use any additional wholesale service connection. 6.2 From and after the Effective Date, the District shall, at its expense, cause the interconnection facilities to be constructed, tested, maintained and available for normal and reliable commercial operations. The District shall submit to Kent for review and approval the designs, specifications and construction schedule for any material repairs or replacements of the interconnection facilities, or for any expansions, improvements or upgrades of the interconnection facilities. Kent will not unreasonably delay its review of the designs, specifications and construction schedule submitted to it by the District and will not unreasonably withhold its approval of such designs, specifications and construction schedule. The District will not commence any such repairs, replacements, expansions, improvements or upgrades of the interconnection facilities unless and until Kent has received approved designs, specifications and construction schedule from the District. The District shall construct Water Sales Agreement Between WD 111 and City of Kent Page 5 48 and operate the interconnection facilities in a manner that is consistent with applicable law; the approved designs, specifications and construction schedule; the provisions of all permits, regulatory approvals and agreements governing the construction and operation of the interconnection facilities; and prudent utility practices. The District shall own and operate the interconnection facilities and shall be responsible for the repair and maintenance thereof. 6.3 Without limiting the generality of the foregoing, the District shall: a. be responsible for the operation and control of the District's isolation valve and any pressure-reducing valves, controllers, pedestals and boxes operated by the District as part of the interconnection facilities; and b. provide a sufficient permitted discharge location for sump pump discharge for the wholesale service connections vault. 6.4 If, at any time or from time to time during the Term, Kent determines a need to repair, maintain, replace, renew, expand or improve any of Kent's infrastructure, facilities or systems and such work requires the relocation of all or any portion of the interconnection facilities, Kent shall, not less than one hundred twenty days prior to the commencement of such work, request by written notice to the District that the District relocate such interconnection facilities so as to accommodate the time, place and manner of Kent's work. Upon receipt of such notice from Kent, the District shall promptly so relocate such interconnection facilities at the District's sole cost and expense. 7) TERM: This Agreement shall remain in full force and effect following the Effective Date of this Agreement, and the initial term shall run from January 1, 2016 Water Sales Agreement Between WD 111 and City of Kent Page 6 49 through December 31, 2065 ("Term"). The Agreement shall automatically be renewed for an additional five-year period at the conclusion of the Term of this Agreement or any extension thereof, unless either Party provides the other with notice of an intent not to extend this Agreement, which notice shall be received by the other Party not less than one year prior to the expiration of the Term of this Agreement or any extension thereof. 8) EMERGENCIES: For purposes of this Agreement, an emergency shall be defined as a need for water resulting from a water shortage, a major water line break, fire demand, contamination to the water supply system, mechanical equipment failure, electrical equipment failure or Puget Sound Energy facility failure, or any other mutually agreed upon event within the water supply system. An emergency period shall be for no more than five working days without written request by the District and approval by Kent in writing to extend the emergency period. Kent may change, reduce or limit the time for or temporarily discontinue any water supplied for an emergency in excess of the Block quantity without notice. Prior to a planned interruption or limiting of emergency service, Kent will notify the District of the interruption or limiting not less than three days prior to the service disruption. Kent agrees to use best efforts and reasonable diligence to notify the District as soon after it becomes aware of the need for emergency service disruption and further will, to the extent practical, limit the service disruption to daylight hours. 9) RISK OF LOSS: Title to and risk of loss of water delivered by Kent to the District pursuant to Section 1 shall pass from Kent to the District at the wholesale Water Sales Agreement Between WD 111 and City of Kent Page 7 50 service connections. 10) INDEMNIFICATION: The District shall defend, indemnify and hold the city of Kent, its directors, officers, employees, agents, servants, elected officials and representatives harmless from and against any and all claims, liens, demands, actions, losses, damages, costs, expenses and liabilities (including attorneys' fees) arising directly or indirectly from or in connection with: a. The transportation, storage, sale, delivery and use of any water delivered to the District in accordance with this Agreement; b. The negligent, reckless, or otherwise tortious acts or omissions of the District, or of anyone directly or indirectly retained or employed by the District, in performance of this Agreement; C. Any material breach, failure, inconsistency, inaccuracy or default of any one or more representations made to Kent pursuant to this Agreement; d. The use or resale of the wholesale water supply for fire flows or fire suppression purposes; or e. The District's Hazardous Substances. i) For purposes of this Agreement, "Hazardous Substances" means any substance or material regulated or governed by applicable law; any substance, emission or material now or hereafter deemed by any governmental authority or applicable law to be a "regulated substance," "dangerous material," "hazardous waste," "hazardous constituent," "hazardous substance," "dangerous material," "dangerous waste," "dangerous substance," "toxic substance," "radioactive substance" or a "pesticide"; and any other substance with properties that are harmful or Water Sales Agreement Between WD 111 and City of Kent Page 8 51 deleterious to human health or to the environment. Nothing herein shall, however, require the District to defend, indemnify and hold harmless Kent's Indemnitees for that portion (if any) of any such liability that is so proportionately and legally attributable to the negligent acts or omissions of any one or more of Kent's Indemnitees. As between the Parties and solely for the purpose of the indemnities contained in this Section 10, the District expressly waives any immunity, defense or protection that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW, or any other industrial insurance, workers' compensation or similar laws of the State of Washington to the fullest extent permitted by applicable law. This Section 10 shall not be interpreted or construed as a waiver of the District's right to assert such immunity, defense or protection directly against any of its own employees or any such employee's estate or other representatives. This Section 10 has been mutually negotiated by the Parties and shall survive the expiration or termination of this Agreement. 11) NO RIGHT OR CLAIM TO WATER RIGHTS: By this Agreement, the District secures a contractual right to receive the Block quantity and to accept delivery from Kent of the wholesale water supply as a wholesale customer. By this Agreement, the District acquires no right, title or interest in or to (a) the wholesale service connection, the meter or the telemetry equipment; or (b) any water rights, water claims, water permits or water certificates. 12) DISPUTE RESOLUTION: 12.1 Any and all claims, controversies or disputes arising out of, relating to or Water Sales Agreement Between WD 111 and City of Kent Page 9 52 in connection with this Agreement (each, a "Dispute") as between the Parties shall be resolved in accordance with the Dispute resolution procedures set forth in this Section 12. 12.2 The Parties shall inform one another promptly following the occurrence or discovery of any item or event that would reasonably be expected to result in a Dispute required to be resolved in accordance with this Dispute resolution procedure. The initial mechanism to resolve Disputes will involve negotiations between the Parties' representatives, so designated by the Parties by notice given pursuant to Section 13. 12.3 If the Parties cannot resolve a Dispute satisfactorily within ten days after receipt of the initial notice in accordance with Section 12.2, either Party may deliver to the other Party notice of the Dispute with a detailed description of the underlying circumstances of such Dispute. The Dispute notice shall include a schedule of the availability of the notifying Party's senior officers duly authorized to settle the Dispute during the thirty day period following the delivery of the Dispute notice. The recipient Party shall, within three business days following receipt of the Dispute notice, provide to the notifying Party a parallel schedule of availability of the recipient Party's senior officers duly authorized to settle the Dispute. Following delivery of the respective senior officers' schedules of availability, the senior officers of the notifying Party and the recipient Party shall meet and confer, as often as they deem reasonably necessary during the remainder of the thirty day period, in good faith negotiations to resolve the Dispute to the satisfaction of both Parties. 12.4 If at any time during the good-faith efforts to resolve any Dispute arising under this Agreement either of the Parties determines that such informal discussions Water Sales Agreement Between WD 111 and City of Kent Page 10 53 will not result in a resolution of the issue or issues in Dispute, such Party may submit the matter for non-binding arbitration, in a manner to be mutually agreed-upon by both Parties. 12.5 Pending resolution of any dispute, the Parties shall continue to fulfill their respective duties under this Agreement. 13) NOTICES: 13.1 All notices or other communications required or permitted by this Agreement must be in writing and be personally delivered, delivered by recognized overnight courier service or given by mail or via facsimile. Any notice given by mail must be sent, postage prepaid, by certified or registered mail, return receipt requested. All notices must be addressed to the Parties at the following addresses or at such other addresses as the Parties may from time to time direct in writing: District: Kent: City of Kent Attn: 220 4th Avenue S. Kent, WA 98032 13.2 Any notice will be deemed to have been given (a) if personally delivered, when delivered, (b) if delivered by courier service, one business day after deposit with Water Sales Agreement Between WD 111 and City of Kent Page 11 54 the courier service, (c) if mailed, two business days after deposit at any post office in the United States, and (d) if delivered via facsimile, the same day as verified; provided that any verification that occurs after 5:00 p.m. on a business day, or at any time on a Saturday, Sunday or holiday, will be deemed to have occurred as of 9:00 a.m. on the following business day. 14) MISCELLANEOUS: 14.1 The rights and obligations of the Parties arising under this Agreement may not be sold, assigned or otherwise transferred in whole or in part by a Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement shall be binding upon the Parties' respective successors and permitted assigns. 14.2 The Parties agree that in taking actions or making determinations required or provided for under this Agreement, each Party shall act in fairness and in good faith. The Parties will cooperate and use commercially reasonable efforts to facilitate the implementation of all aspects of this Agreement. During the Term, each Party, upon the request of the other Party, shall, without further consideration, execute, deliver and acknowledge all such further documents and do and perform all such other acts and things as either Party may reasonably request to effectively carry out the intent of this Agreement. 14.3 A Party shall not have the right to offset any amounts owed to the other Party pursuant to this Agreement against any amounts due from the other Party pursuant to this Agreement, nor may a Party offset any amounts due to the other Party pursuant to this Agreement against any amounts owed by the other Party Water Sales Agreement Between WD 111 and City of Kent Page 12 55 pursuant to this Agreement. A Party may not withhold any payment due the other Party by reason of a Dispute; such payment shall be paid "under protest" and any and all Disputes with respect to such payment shall be resolved pursuant to Section 12. 14.4 Any of the terms or conditions of this Agreement may be waived at any time and from time to time, in a signed writing, by the Party or Parties entitled to the benefit of such terms or conditions. Any waiver given by a Party shall be narrowly construed to specifically waive, in time and subject, only the express matter contained in such waiver. The failure of either Party to insist on or enforce strict performance of any provision of this Agreement or to exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect. Kent's review, revision or approval of or comment upon any matter arising under this Agreement, or Kent's failure to review, revise, approve or comment upon any matter arising under this Agreement, shall not in any way (a) relieve or release the District from any of its obligations arising under this Agreement, or (b) subject Kent to any liability with respect to such matter. 14.5 This Agreement shall be governed by and construed in accordance with the laws of the State of Washington (regardless of the laws that might otherwise govern under applicable principles of conflict of laws of such state). Except with respect to a lawsuit or judicial action or proceeding commenced by a third party in another jurisdiction, the Parties will (a) agree that any lawsuit, judicial action or proceeding arising out of or relating to this Agreement must be heard in the Superior Court of the State of Washington, in and for the County of King, or the United States Water Sales Agreement Between WD 111 and City of Kent Page 13 56 District Court for the Western District of Washington in Seattle; (b) waive any objection to the laying of venue of any such suit, action or proceeding; and (c) irrevocably submit to the jurisdiction of any such court in any such lawsuit, judicial action or proceeding. 14.6 This Agreement may be executed in several counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF the Parties have caused this Agreement to be executed by their duly authorized representatives, which shall take effect on the last date signed below ("Effective Date"). CITY OF KENT BY: SUZETTE COOKE ITS: MAYOR DATE: ATTEST: RONALD MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY KING COUNTY WATER DISTRICT NO. 111 Water Sales Agreement Between WD 111 and City of Kent Page 14 57 BY: WILLIAM C. HALL ITS: GENERAL MANAGER DATE: ATTEST: APPROVED AS TO FORM: JOHN MILNE DISTRICT ATTORNEY Water Sales Agreement Between King County Water District No. 111 And the City of Kent Exhibit 1 Take or Pay Monthly Rates Year Base Charge Block and Overage Rate 2016 $175.00 $0.80 2017 $175.00 0.80 X CPI' 2018 $175.00 2017 Rate X CPI' 2019 $175.00 2018 Rate X CPI' 2020 $175.00 2019 Rate X CPI' On the first day of each calendar year, all fees, rates and charges established in this Agreement will adjust by the Consumer Price Index (CPI), specifically the CPI-W Water Sales Agreement Between WD 111 and City of Kent Page 15 58 Seattle-Tacoma-Bremerton, measured from June 1 through June 1 , if the CPI-W reflects an upward adjustment from the previous annual June to June period. Example: CPI for 2017 equals the October 2016 CPI value divided by the October 2015 CPI value. P ANFdWlesVNm PilesV1773 Public Works FaotlffieA eitsWater&SewaO{®bKCWD No 111 Water Sales AKeero®Ltloc Water Sales Agreement Between WD 111 and City of Kent Page 16 59 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 14, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Monica Whitman, Senior Transportation Planner Through: Chad Bieren, P.E., City Engineer Subject: Information Only/State Transportation Package Motion: Information Item/No Motion Required Summary: On Wednesday, July 15, 2015, Governor Inslee will be signing into law the State's first comprehensive statewide transportation package in more than a decade, representing a 16-year, $16.1 billion investment. South King County will significantly benefit from the long awaited completion of the Puget Sound Gateway Projects (SR 167 and SR 509). The package also includes $15 million to complete the S 228th St/Union Pacific Railroad grade separation and more than $4.5 million in direct funding to the City over a 16 year period. The Transportation Revenue bill also provides Sound Transit the authority, subject to voter approval, for up to $15 billion in property, sales, and motor vehicle excise tax increases which will likely be on the ballot in November 2016. Additionally, the package states that cities or counties with overlapping boundaries of a transportation benefit district (TED) may absorb and take on the powers of those districts. TBD's will now have authority to impose a vehicle fee of up to $40 if a $20 fee has been in effect for at least 24 months. After the $40 fee has been in place for two years additional councilmanic increases are authorized, but would be subject to referendum. Exhibit: None Budget Impact: The City will receive $15 million for the 228th/Union Pacific Railroad grade separation project. In addition, over the next sixteen years, the city will receive an estimated $4,796,211 in direct local revenue gas tax distributions, $149,885 a year for 2016 and 2017; $321,180 a year thereafter. The package also includes additional Transportation Benefit District Authority and competitive grant funding opportunities (Transportation Improvement Board, Safe Routes to Schools, Complete Streets, Freight Mobility Strategic Investment Board, and Non-motorized). 60 This page intentionally left blank. 61 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 14, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Sean Bauer, Water Superintendent Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Water System — Update For Information Only/No Motion Required Summary: Staff will present updated information for Committee Members on our water sources, water system projects, and key accomplishments. Exhibit: None Budget Impact: None 62 This page intentionally left blank. 63 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 15, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Howard Hanson Dam Update Information Only/No Motion Required Summary: The City of Kent and its water supply partners have been working with the Corps of Engineers to install a downstream fish passage facility at the Howard Hanson Dam as part of a previous agreement. The Corps has resubmitted a Biological Assessment to the federal fisheries services for this project and is awaiting a Biological Opinion. The Eagle Gorge Reservoir upstream of Howard Hanson Dam is storing a substantial amount of water for summer and fall municipal supply and flow augmentation in the Green River, but due to the dry spring and early summer, the volume stored appears to be insufficient to meet desired river flows through the fall. The Corps and other stakeholders are working to finalize a plan to manage the available reservoir water. Staff will provide a status of the Howard Hanson Dam fish passage Project and the current summer reservoir storage. Exhibit: None Budget Impact: None Public Works Committee Agenda ONT ar , Councilmembers: Brenda Fincher - Dana Ralph - Dennis Higgins, Chair July 20, 2015 Item Description Action Speaker Time Pace 1. Call to order Chair Higgins 1 2. Roll Call Chair Higgins 1 3. Changes to the Agenda Chair Higgins 1 4. Approval of Minutes, dated July 6, 2015 YES Chair Higgins 3 03 5. Grandview Apartments Slope Easement and YES Chad Bieren 08 07 Staging Area License Agreement 6. Water District #111 Service Boundary YES Sean Bauer 05 29 Change Agreement 7. Overlay Project Change Order - ICON YES Eric Connor 08 33 8. Consultant Agreement with KBA Inc. — S. YES Eric Connor 05 35 Central Construction Management 9. Information Only/State Transportation NO Monica Whitman 08 43 Package 10. Information Only/Water Update NO Sean Bauer 20 45 11. Information Only/Howard Hanson Dam, Fish NO Mike Mactutis 10 47 12. Information Only/109th Street Channelization NO Joe Araucto 10 49 Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Monday of each month at Kent City Hall, Council Chambers East, 220 41h Ave S, Kent, WA 98032. For additional information please contact Cheryl Viseth at 253-856-5500. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank. Public Works Committee Minutes 3 July 6, 2015 Item 1 — Call to Order: The meeting was called to order at 4:01 p.m. by Committee Chair, Dennis Higgins. Item 2 — Roll Call: Committee members present: Higgins, Ralph and Fincher. Item 3 — Chances to the Agenda: Switch in order, item 7 will be heard before item 6 Item 4 — Approval of Meeting Minutes Dated June 15, 2015: Committee member Fincher MOVED to approve the minutes of June 15, 2015. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 5 —10 Year Inter-Local Agreement with Water Resource Inventory Area (WRIA) 9: Environmental Manager, Mike Mactutis noted that in 1999, the federal government listed Puget Sound Chinook salmon and Bull Trout as threatened under the Endangered Species Act. In 2000, concerned about the need to protect and restore habitat for salmon, 16 cities and King County in WRIA 9 signed an ILA to jointly participate in and fund the development of a habitat conservation plan. In 2006, the ILA was updated to reflect implementation of the 2005 WRIA 9 Salmon Habitat Plan and renewed for a ten year term which expires at the end of 2015. Puget Sound Steelhead were subsequently also listed as threatened under the Endangered Species Act in 2007. The local agencies entered into the ILA share interest in and responsibility for addressing long term watershed planning and conservation and wish to continue providing for planning and implementation of various activities and projects. The result of the sixteen years of collaboration among the parties and stakeholders is the development and implementation of the WRIA 9 Salmon Habitat Plan, which is anticipated to be updated in the term of the proposed ILA. The goals of the ILA are to collaborate on Salmon recovery; integrate other efforts into the Salmon recovery efforts. Another is to review capital projects, funding sources are reviewed at the Form. Kent has been awarded over 5 million in grants, this year the City is looking at 1.6 million in grant funding. Funding comes through State, local and Federal funding; the City is the third largest contributor. Some accomplishments to date are 918 acres of protected land through acquisition or easement and 80 acres of riparian area planted. The proposed ILA has been updated to reflect the current structure of the WRIA 9 Watershed Ecosystem Forum and clarify some of its purposes and procedures. Ratification of the ILA would continue the City's support for preservation and restoration of salmon habitat in the Green River watershed through the implementing the Salmon Habitat Plan. The updated WRIA should be signed by the end of July. Committee Chair Higgins notes that at the last meeting it was made clear that no major changes are being made and all entities involved are signing the same document. There seems to be no reason to not approve this ILA; this is an impressive agreement to be a part of and approve. Committee member Fincher and Ralph agree. Committee member Ralph further noted that the intent of the ILA is solid and expressed her appreciation for Environmental Manager Mactutis being a strong voice for the City of Kent and for bringing a very balanced voice to the group with great perspective. Committee Member Ralph MOVED to recommend to City Council authorization for the Mayor to sign an Interlocal Agreement (ILA) for the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area (WRIA) 9 (which includes portions of Water Resource Inventory Areas 8, 10, and 15). The motion was SECONDED by Committee member Fincher and PASSED 3-0. 1 Public Works Committee Minutes 4 July 6, 2015 Item 7 — Agreement with R2 Resource Consultants for Mitigation for the Mill Creek Reestablishment Proiect: Environmental Biologist, Matt Knox noted that the Mill Creek Reestablishment Project proposes to reestablish the original grades between culverts along Mill Creek in the Kent valley. This project will remove accumulated sediment within the creek channel between S. 2041h Street and W. Smith Street to reduce flooding and drainage issues. The sediment build up in the Mill Creek channel seems to be coming from Earthworks and has no place to go. The project would remove built up sediment. Several environmental permits will be required for this project, including an Army Corps of Engineers Section 404 (Discharge of Dredge or Fill Material into Water) permit. Several wetlands are expected to be impacted by this project and mitigation must be designed and planned to receive Corps approval of the 404 permit. Currently the goal is to permit the entire project so staff does not have to return to committee for each permit. There is about 3 miles of creek channel to clear, including wetland mitigation that needs to happen as a result of clearing the sediment. R2 Resource Consultants, Inc., will design a wetland mitigation plan that meets Corps requirements to compensate for impacts to Mill Creek wetlands from the Mill Creek Reestablishment Project. It is expected that mitigation will occur on the City property just east of Mill Creek and north of James Street (the "Little Property"). Knox noted that informational meetings have been held with the neighborhood council and mailings have been sent. He anticipates continuing this practice as the project moves forward. Committee member Fincher MOVED to recommend Council authorize the Mayor to sign a consultant services agreement with R2 Resource Consultants, Inc. in an amount not to exceed $76,319 to prepare a wetland mitigation plan for the Mill Creek Reestablishment Project. This agreement will be subject to terms and final conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 6 — Agreement with Tetra Tech for Geotechnical Enaineerina for the Mill Creek Reestablishment Proiect: Environmental Engineer, Toby Hallock noted The Mill Creek Reestablishment project consists of removing accumulated sediment throughout the creek channel in order to restore the original grade of the creek. The accumulation of sediment is one reason there is flooding along Mill Creek in the Kent Valley. In researching the creek and its culverts, it was determined that two culverts are at higher elevations than areas directly upstream. This causes water to back up and increases the risk of flooding during rain events. Tetra Tech, Inc. will evaluate the two culverts and the surrounding areas and make recommendations to alleviate the potential problems caused by the elevated culverts. One of the culverts is under a driveway at the Chandler's Bay Apartment complex off of Central Avenue North and it is 3.5 feet higher than the closest up stream Culvert on James St. The other is a Union Pacific Railroad culvert near 761h Avenue South and it is about 3 feet higher than the next upstream culvert. Improvements at and near these two culverts, in addition to other improvements related to this project and other current storm drainage work in the valley will help reduce the risk of flooding. Director LaPorte commented that it was important to know exactly what we needed to do before we approached Union Pacific Railroad about solutions. The Culvert at Union Pacific has some 2 Public Works Committee Minutes 5 July 6, 2015 quarry rocks that may be able to be removed which could help alleviate the flooding. This will be a partnership project with Drainage District number 1. Committee member Ralph questioned if the UP culvert was the responsibility of the City of Kent and if we can approach the railroad about bringing it up to code since it was not built or maintained by the City. Director LaPorte responded that the study needed to be done first prior to approaching the railroad so we are able to ask that question of UP intelligently. Committee Member Fincher questioned what other cities might also be having this problem and if a solution was to approach the railroad together. Committee Chair Higgins agreed that this was an idea that should be explored. Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a consultant services agreement with Tetra Tech, Inc. in an amount not to exceed $27,045 to evaluate and provide recommendations to improve culverts along Mill Creek, subject to terms and final conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 8 — Information Only/Change Order 40" Ave & 42nd Ave — 2015 Overlay Project: Joe Araucto, Pavement Management Engineer, noted that at the June 16, 2015 City Council meeting, the Public Works Department will present 401h Avenue South between South 272nd and approximately 150 feet north of Cambridge Court, and 42nd Avenue South between Reith Road and South 261s' Street as candidate streets to add to the 2015 Overlay Project. These streets were chosen as a representative street from the West Hill Area and because they are main arterials. There will be coordination with the local schools for the project. Director LaPorte commented that more action items will be brought to the Committee after Construction Manager, Eric Connor has reviewed the work that needs to be done on these streets. The speed bumps on these streets are some of the first put in the City back in the 70's and the plan is to replace them exactly as is, with new pavement since they have held up so well. Information Only/No Motion Required The meeting was adjourned at 4:54 p.m. Kara Moore Council Committee Recorder 3 6 This page intentionally left blank. 7 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director DEVELOPMENT ENGINEERING DIVISION Brennan Taylor, P.E., Manager Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 14, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Brennan Taylor, P.E., Development Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Grandview Apartments Slope Easement and Staging Area License Agreement Motion: Move to recommend that Council authorize the Mayor to execute all necessary documents to grant a slope easement and temporary license agreement on city property adjacent to the Grandview Apartments, LLC development for grading and staging area purposes. Summary: Permits are currently under review by the City for a 261-unit apartment complex called Grandview Apartments, located at the northwest corner of Veterans Drive and Riverview Boulevard. The property was recently sold by the City to DevCo, Inc. as surplus property remaining from the 228th Corridor road project. In order to construct the apartment development on this sloped property, a significant amount of grading is necessary. A small amount of grading needs to extend onto a separate City-owned property (parcel #1522049173) adjacent to and north of the Grandview site in order to avoid construction of a large unsightly wall. Accordingly, Grandview Apartments, LLC is requesting a slope easement from the City to allow grading on the City-owned parcel referenced above, which contains a pedestrian path connecting to the Grandview Dog Park. The proposed grading will not impact the path and the Parks Department is aware of the proposal. Additionally, Grandview Apartments, LLC has requested a temporary license agreement to use another City-owned parcel south of Veterans Drive (parcel #1522049170) during construction (2 years) for staging of construction equipment and employee vehicles. Exhibits: Slope Easement with Exhibits A, B and C Staging Area License Agreement with Exhibits A, B, C and D Budget Impact: The payment to the City for the slope easement will be $14,832.09 and the license fee for the staging area will be $2,888.35 per month. 8 This page intentionally left blank. 9 WHEN RECORDED RETURN TO: Property Management City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: City of Kent, a Washington municipal corporation Grantee: Grandview Apartments, LLC, a Washington limited liability company Abbreviated Legal Description: Southwest Portion of Parcel 1522049173 Additional Legal Description: As described in Exhibits "A" and "B" and depicted in Exhibit "C" of this Document. Assessor's Tax Parcel ID No. 1522049173 Project: Grandview Apartments SLOPE EASEMENT In consideration of Grantee's payment of fourteen thousand eight hundred thirty two and 09/100 dollars ($14,832.09), mutual benefits derived, and/or other valuable consideration, receipt of which Grantor and Grantee acknowledge, the City of Kent, a Washington municipal corporation ("Grantor'), conveys and quit claims to Grandview Apartments, LLC., a Washington limited liability company ("Grantee"), and its successors and assigns, a Slope Easement with necessary appurtenances, for the construction, maintenance, extension, reconstruction and repair of slopes, cuts and fill, over, under, through, across and upon the following described real property, situated in Kent, King County, Washington, but only to the extent necessary for the development and maintenance of the Grandview Apartments: • GRANTOR'S PROPERTY THAT IS SUBJECT TO THE EASEMENT IS DESCRIBED IN EXHIBIT -A,- ATTACHED. • THE EASEMENT AREA IS DESCRIBED IN EXHIBIT "B" ATTACHED. • A DRAWING INDICATING THE EASEMENT AREA IS ATTACHED FOR ILLUSTRATIVE PURPOSES ONLY AS EXHIBIT "C" ATTACHED. 10 Grantee shall at all times exercise its easement rights in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee accepts the easement area in its present physical condition, AS IS. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys' fees incurred by Grantor in connection with the grant of this easement, arising directly or indirectly from, on account of, or out of the wrongful or negligent exercise of these easement rights by Grantee, its servants, agents, employees and contractors. This Slope Easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. Dated this day of 2015. GRANTOR: By: Its: GRANTEE: By: Its: Notary Acknowledgements Appears on Next Page 11 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 12 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM City Attorney P'.\CINnFl l esVOpen Ries\1811GFandvlew\Slope Easement Forth.doc: 13 EXHIBIT A Description of City of Kent Parcel 1522049173, New Parcel 3 of City of Kent Record of Survey, Recording No. 20130109900002 That portion of the northwest quarter of Section 15, Township 22 North, Range 4 East, Of the W.M., in King County, Washington, described as follows: Commencing at the northwest corner of Tract R, of City of Kent Lot Line Adjustment Number LL-99-13 as recorded under King County Recording Number 19991123900003; thence S89°42'51"W, along the north line of said Tract R, 56.57 feet to the True Point of Beginning of the herein described Tract, thence S17°17'08"E 250.35 feet to a point of tangency with a 1969.00 foot radius, circular curve to the right, thence southerly, along said curve, through a central angle of 12°42'34" an arc distance of 471.13 feet to a point of tangency; thence S03034'34"E 283.76 feet to a point of tangency with a 2431.00 foot radius, circular curve to the left, thence southerly, along said curve, through a central angle of 00006'47", an arc distance of 4.80 feet to the north line of the south 1000.00 feet of the northwest quarter of said section 15, thence N89051'29"W, along said north line, 164.04 feet to a point on the west line of aforesaid Tract R, thence along the boundary of said Tract R the following eight courses and distances; thence N03051'20"E 4.56 feet; thence N50008'40"w 158.37 feet; thence S75051'20"W 110.56 feet, thence N00005'40"W 93.00 feet; thence N41012'28"E 208.83 feet; thence N89050'48"E 45.27 feet; thence N00049'56"E 663.32 feet to the north line of said Tract R; thence N89042'51"E 26.00 feet to the True Point of Beginning. 14 EXHIBIT B Legal Description of Grading Easement within New Parcel 3, City of Kent Record of Survey Recording No. 20130109900002 Commencing at City of Kent Control Point Number 8299 as shown on City of Kent Record of Survey AFN 20130109900002, located in the southeast quarter of the Northwest quarter of Section 15, Township 22 N, Range 4 E of the W.M., in King County, Washington, located on the centerline of Riverview Blvd South, at the north end of the overpass for South 231st St. Way; thence North 05028'23" West, along the center line of said Riverview Blvd South a distance of 20.37 feet to the beginning of a curve tangent to said line; thence continuing along said centerline northerly a distance of 72.65 feet along the curve concave to the east, having a radius of 2400.00 feet and a central angle of 1044'04"; thence North 89051'29" West, leaving said centerline a distance of 31.07 feet to the west margin of said Riverview Blvd South thence North 89051'29" West, a distance of 103.76 feet to the True Point of Beginning; thence North 60029'09" West, a distance of 44.47 feet; thence North 88043'03" West, a distance of 16.54 feet; thence North 25017'57" West, a distance of 59.90 feet; thence North 66045'19" West, a distance of 19.33 feet; thence North 79011'44" West, a distance of 39.96 feet; thence North 22017'52" West, a distance of 37.66 feet; thence North 68017'25" West, a distance of 30.49 feet; thence North 81029'16" West, a distance of 44.28 feet; thence North 42001'53" West, a distance of 17.74 feet; thence North 77036'15" West, a distance of 51.51 feet; thence South 68012'01" West, a distance of 10.45 feet; thence South 00057'11" East, a distance of 86.92 feet; thence North 75051'20" East, a distance of 116.69 feet; thence South 50008'40" East, a distance of 158.37 feet; thence South 03051'20" West, a distance of 4.56 feet; thence South 89051'29" East, a distance of 60.27 feet to the True Point of Beginning. Containing 12,677 Square Feet, More or Less. 15 EXHIBIT C Diagram of Grading Easement LINE BEARING DISTANCE L1 N35'28'23'W 20.37' L2 N89'51'29"W 31.07' CRY OF(CENT NEW L3 N60'29'0�9'W 44.47' PARCEL3,SURVEY L4 NE®'43 03"W 16.54' 20130109900002 L5 N25'17'57"W 59.90' TAX PARCEL L6 N66'45'19"W 19.33' I6 �y3 1522049173 L7 N79'11'44"W 39.96' '31 L] LB N22'17'5�2"W 37.66' Y ] L9 N68'17'25"W 30.49' IM-© �, <g L10 N81'�29'15"W 44.26' �m 09 L11 N42'01'53'W 1774' L12 N77'36'15'W 51..51 �a. L13 SB8'12'01"W 10.45' < 69 45, L 7 46 f!7 N?55h SSOe �'i+r V GRANDVIEW PROPERTY (CENT LLE NO.LL-2015-5, F REVISED BY RECORD OF SS6 B4 —T.P.O.B. SURVEY NO.20150622900002 '�'�. 10�3,76 W N N89"51'29 L2 503°.`r1'20W � 509°5129"E _ 4 56 60.27' R=2400.00' 1 W E A=72.55' �� S CRY OF(CENT --- NOT To SCALE CONTROL POINT 'T #8299 r 16 This page intentionally left blank. 17 TEMPORARY LIMITED LICENSE AGREEMENT FOR A CONSTRUCTION STAGING AREA PARTIES THIS TEMPORARY LIMITED LICENSE AGREEMENT FOR A CONSTRUCTION STAGING AREA ("License") is between the CITY OF KENT, a Washington municipal corporation ("City"), and Grandview Apartments, LLC, a Washington limited liability company ("Licensee"). RECITALS 1. Licensee seeks to construct a multi-family apartment development, located approximately at 3900 Veterans Drive, Kent, Washington, 98032. 2. Licensee has requested that the City grant a permit to use City property to temporarily store materials and equipment for staging purposes during Licensee's construction of the Grandview Apartments development. 3. The City has agreed to issue this license. NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. In consideration of payment of $2,888.35 per month until this License is terminated, and for mutual benefits derived and other valuable consideration receipt of which is hereby acknowledged by the City and Licensee, the City grants this License ("License") for a period of two years from the Effective Date (the "Term") for Licensee's use to temporarily store materials and equipment for staging purposes during Licensee's construction of the Grandview Apartments development across and upon a portion of the City's property located on King County parcel number 1522049170, described in Exhibit A ("Property") and approximately shown in Exhibit B and Exhibit C. This License is subject to all the terms and conditions established below. 2. Damage to Property and Restoration. Licensee will repair any damage to the Property caused by Grantee arising from or in any way connected to the Grantee's use of the Property. Upon revocation, termination, or expiration of this License, Licensee will restore, at Licensee's sole cost and expense, the Licensed Area to its original condition prior to the issuance of the License. This restoration obligation will survive the expiration of this License. 18 3. Revocation and Termination. This License affects a valuable property interest owned by the City. This License does not grant an estate in the Property; it is not an easement; it is not a franchise; it is not exclusive; and it does not exclude the City from full possession of the Property. As a License upon real property, it is revocable at the will of the City. However, prior to the City's termination or revocation, the City will provide Licensee with at least fifteen calendar days' written notice of termination or revocation. Licensee must remove all equipment, materials, and debris and restore the Licensed Area, unless the City and Licensee agree, in writing, otherwise. If Licensee fails to remove the Improvements within the allotted time, the City may remove all or part of the Improvements, restore the Licensed Area, and Licensee will compensate the city, all costs of the removal and restoration, within forty-five calendar days from the date the city submits to Licensee an accounting of costs incurred. Licensee waives any right it may have to any claim for damages of any kind incurred as a result of the City's removal of all or part of the Improvements. 4. Permits Required. The City's grant of this License does not release Licensee from any of its obligations to obtain applicable local, state and federal permits necessary to install, construct, use and inspect the Grandview Apartments. Licensee's failure to comply with this Section 4 will constitute grounds for immediate revocation by the City. The consideration in Section 1 is in addition to any fees required for applicable local, state and federal permits. S. Maintenance. Licensee will maintain the Property in a clean, well- kept, orderly condition to the satisfaction of the City. 6. Emergency. In the event of any emergency in which any portion of the Property becomes an immediate danger to the property, life, health or safety of any individual, Licensee will immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this License. However, this emergency work will not relieve Licensee from its obligation to obtain all permits necessary for this purpose, and Licensee will apply for those permits within the next two succeeding business days. 7. Indemnification. Licensee will comply with the following indemnification requirements: 7.1 Licensee will defend, indemnify, and hold the City, its officers, officials, employees, agents, assigns, and volunteers harmless from any and all claims, actions, injuries, damages, losses, or suits, including all reasonable legal costs, witness fees, and attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, except to the extent caused by the sole negligence of the City, its employees, agents, contractors, or invitees. 19 7.2 The City's inspection or acceptance of any of Licensee's work when completed will not be grounds to avoid any of these covenants of indemnification. 7.3 These indemnification obligations will extend to any claim, action or suit that may be settled by compromise, provided that Licensee will not be liable to indemnify the City for any settlement agreed upon without the consent of Licensee; however, if Licensee consents to the agreed upon settlement, the Licensee will indemnify and hold the City harmless as provided for in this Section 7 by reason of that settlement. Moreover, if Licensee refuses to defend the City against claims by third parties, Licensee will indemnify the City regardless of whether the settlement of those claims is made with or without Licensee's consent. 7.4 In the event that Licensee refuses to accept tender of defense in any claim, action, or suit by a third party pursuant to this Section 7 and if Licensee's refusal is subsequently determined by a court having jurisdiction (or other tribunal that the parties will agree to decide the matter) to have been a wrongful refusal, then Licensee will pay all the City's costs for defense of the action, including all reasonable legal costs, witness fees, and attorney fees and also including the City's costs, including all legal costs, witness fees and reasonable attorney fees, for recovery under this Section 7, indemnification clause. 7.5 The provisions of this Section 7 will survive the expiration or termination of this License. S. Insurance. Licensee will procure and maintain for the duration of this License, insurance of the types and in the amounts described in Exhibit D, attached. 9. Modification. This License may not be modified, altered, or amended unless first approved in writing by the City. 10. Assignment. Licensee will not assign all or any portion of its rights, benefits, or privileges, in and under this License without prior written approval of the City, which approval will not be unreasonably withheld or delayed. 11. Compliance with Laws. Licensee will comply with all federal, state and local laws, rules and regulations that are applicable to this License. 12. Venue and Jurisdiction. This License will be construed in accordance with the laws of the State of Washington. Venue and jurisdiction for the resolution of disputes will be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each party will be responsible for its own legal costs and attorney fees except as noted in Section 7. 20 13. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, will be in writing and will be deemed to have been given when sent by registered or certified mail, return receipt requested, to the addresses listed below for each party, or to another person or address as either party will designate to the other party in writing: CITY: LICENSEE: City of Kent Grandview Apartments, LLC Attn: City Clerk Attn: Evan Hunden 220 Fourth Avenue South 10900 NE 8th St., Ste. 1200 Kent, WA 98032 Bellevue, WA 98004 With a copy to: Economic and Community Development Director City of Kent 220 Fourth Avenue South Kent, WA 98032 14. No Waiver of Rights. Nothing in this License will constitute a waiver of either party's right to challenge any portion of the License that is not in accordance with applicable federal, state and local laws. 15. Warranty of Authority to Execute. Each person executing this License warrants that he/she has the requisite authority to bind the party for whom that person is executing. 16. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed in this License. This License will be effective upon the last day executed below ("Effective Date"). 21 CITY OF KENT LICENSEE By: By: Print Name:SUZETTE COOKE Print Name: Its: Mayor Its: Date: Date: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires zz STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires P, lTilesapmFilesUS11—F�a�� m®og��icm=eao= 23 EXHIBIT A THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE W.M., IN KING COUNTY, WAHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 15, FROM WHICH POINT THE NORTHWEST CORNER OF SAID SECTION BEARS N01°11'50"E 2627.97 FEET DISTANT, AND FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION BEARS S01°19'30"W 2629.88 FEET DISTANT; THENCE S89"51'29"E, ALONG THE EAST WEST CENTER OF SECTION LINE OF SAID SECTION 15, A DISTANCE OF 897.78 FEET; THENCE N24°44'16W 53.27 FEET; THENCE N20°12'27"E 43.80 FEET TO A POINT ON A 1340.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N24"42'56"W; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02023'08" AN ARC DISTANCE OF 55.79 FEET TO A POINT OF TANGENCY; THENCE N62°53'56"E 355.76 FEET TO A POINT OF TANGENCY WITH A 1960.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10"00'58" AN ARC DISTANCE OF 342.64 FEET; THENCE S65°09'41" E 22.56 FEET TO A POINT ON A 1945.00 FOOT CIRCULAR CIRVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF CURVE BEARS S16°35'26"E AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE EASTERLY, ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 11-07-22", AN ARC DISTANCE OF 377.58 FEET; THENCE SO5°28'04"E 7.00 FEET; THENCE N84°31'56"E 332.00 FEET; THENCE S73°00'00"E 61.09 FEET TO A POINT ON A 192.00 RADIUS CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N72'44'58"E; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 70°01'18", AN ARC DISTANCE OF 234.64 FEET TO A POINT OF REVERSE CURVATURE AND THE BEGINNING OF A 35 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 81047'57", AN ARC DISTANCE OF 49.97 FEET TO A POINT OF TANGENCY; THENCE S05°28'23" E 313.25 FEET TO THE EAST WEST CENTER OF SECTION LINE OF SAID SECTION 15; THENCE N89°51'29"W, ALONG SAID CENTER SECTION LINE, 392.47 FEET; THENCE N23°56'42"W 163.36 FEET TO A POINT THAT BEARS S65009'41"E FROM THE TRUE POINT OF BEGINNING; THENCE N65°09'41"W 592.96 FEET TO THE TRUE PONT OF BEGINNING. CONTAINING APPROXIMATELY 280,027 SQUARE FEET OR 6.4285 ACRES, MORE OR LESS. 24 EXHIBIT B � � \ / q�\ } � ZL Z4 80 0 cn oo,u :D n> 'T, L co A� 10 z czm 0 0 n5 W ?N'SP/ � � \ aAli3 21 , ------ --- -- - - - - - - - -- - - - -- - - - - - - - - - --- - zs dim �m� 26 EXHIBIT D INSURANCE REQUIREMENTS FOR LIMITED LICENSE AGREEMENT Insurance GRANDVIEW APARTMENTS, LLC 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 GRANDVIEW APARTMENTS, LLC, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance GRANDVIEW APARTMENTS, LLC 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. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage. Coverage shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an Additional Insured under the GRANDVIEW APARTMENTS, LLC's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liability insurance covering both the Commercial General Liability and Automobile policies. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance GRANDVIEW APARTMENTS, LLC shall maintain the following minimum insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 27 EXHIBIT D (Continued) 3. Excess Liability insurance shall be written with limits no less than $2,000,000 per occurrence and $2,000,000 aggregate in excess of the CGL policy cited above. 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: 1. GRANDVIEW APARTMENTS, LLC's insurance coverage shall be primary insurance as respects the City. Any insurance maintained by the City shall be excess of GRANDVIEW APARTMENTS, LLC's insurance and shall not contribute with it. 2. GRANDVIEW APARTMENTS, LLC 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 as respects work performed by or on behalf of GRANDVIEW APARTMENTS, LLC 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. GRANDVIEW APARTMENTS, LLC'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. GRANDVIEW APARTMENTS, LLC's Insurance For Other Losses GRANDVIEW APARTMENTS, LLC shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, employee owned tools, machinery, equipment, or motor vehicles owned or rented by GRANDVIEW APARTMENTS, LLC, or GRANDVIEW APARTMENTS, LLC's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation GRANDVIEW APARTMENTS, LLC and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Agreement or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. 2s EXHIBIT D (Continued) F. Verification of Coverage GRANDVIEW APARTMENTS, LLC shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability, Commercial General Liability and/or Excess insurance, of the GRANDVIEW APARTMENTS, LLC before commencement of the work. G. Subcontractors GRANDVIEW APARTMENTS, LLC 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 GRANDVIEW APARTMENTS, LLC. 29 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 16, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Eric Connor, Construction Manager Through: Chad Bieren, P.E., City Engineer Subject: Central Avenue S. Construction Management - Consultant Services Agreement with KBA, Inc. Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with KBA Inc. in an amount not to exceed $600,000 to provide construction management services for the Central Avenue S. Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Central Ave. S. Pavement Preservation and Utility Improvement Project is located on Central Ave S. between Willis Street and the Green River Bridge. This is a federally funded project that will provide pavement rehabilitation between Willis St. and the Green River Bridge. The project will also include new curb & gutter and sidewalk replacement, upgrading the existing 6" water main to 12", and providing cured-in-place lining of the existing sanitary sewer main. This year has been a very productive year in the Public Works Department with over 10 projects anticipated to be under construction this summer and fall. The Construction Engineering section needs additional help to manage all of these projects. Therefore, it is necessary to hire a consultant to for the Central Avenue project. Through our selection process and interview with three separate consultants we selected KBA, Inc. KBA, Inc. is a Construction Management firm based in Bellevue that specializes in managing Federally Funded Capital Improvement Projects in the Puget Sound Region. Exhibit: KBA Inc. Scope of Work and Fee Proposal Budget Impact: Funding for this work is included in the federal grants and B&O funds. 30 This page intentionally left blank. - M qN xm �Hgg E µg m s � m 62 R3xR m o v^" 88 o 2 00 wr xm h. —ry r m a 3 i� $ - ✓ t` n. d r o E vas 19 m g e gal a w � v E '2 :�� ryV yV rai no e U E V 1 h E ,. �m $o � E � o � 8 � �WFAro xi c J EEo c w '. � R'__➢� 3 E Y sy�w2o�n0 j�"c(4y yrnU :Y to VinZ�p Ouv� E a 32 This page intentionally left blank. 33 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 1, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Eric Connor, Construction Manager Through: Chad Bieren, P.E., City Engineer Subject: Potential Addition to the 2015 Overlay Project - 40th Avenue South &42"d Avenue South Motion: Move to recommend Council authorize the Mayor to sign a Construction change order with ICON Materials for $550,000 to provide additional asphalt work on 40th Avenue South between South 272"d and north of Cambridge Court, and 42"d Ave South between Reith Road and South 2615t Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: As presented at the July 6, 2015 Public Works Committee meeting, there is more funding available for this project than originally anticipated. Based on the favorable bid prices received for the 2015 Asphalt Overlay project, staff recommends Council authorize a change order to include 40th Avenue South between South 272nd and north of Cambridge Court, and 42nd Avenue South between Reith Road and South 261't Street. The contractor has agreed to extend its unit bid prices for this proposed change order. This ensures the price for the proposed work is competitive. Exhibit: None Budget Impact: Funding will come from the Solid Waste Utility tax. 34 This page intentionally left blank. 35 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 1, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Sean Bauer, Water Superintendent Through: Chad Bieren, P.E., City Engineer Subject: Water District #111 Service Boundary Change Agreement Motion: Move to recommend Council authorize the Mayor to sign an agreement with Water District #111 that would adjust the Water Service Area and Corporate Boundary of the Kent Water Department to include the On Rainier Pond plat. Summary: The Kent Water Service Area ends just west of the 124th Ave SE/SE 248th Street intersection. There is a housing plat called On Rainier Pond proposed on the southwest corner of the intersection that requires water service. Roughly half of the plat is located in the Water District #111 water service area; with the other half located in the city's service area. There is an existing Kent water main that runs under SE 248th Street that could economically serve the plat. The On Rainier Pond project developer, Water District #111 staff and Kent staff agree that adjusting the water service area and corporate boundary to allow Kent to serve the development makes the most sense. Water District #111 has sized its system to serve the area near the 124th Ave SE/SE 248th Street intersection and has invested in infrastructure to accommodate growth. Therefore, the District is allowed to collect system development fees. The attached agreement includes a provision to reimburse Water District #111 for its costs by splitting the system development fees for the parcels currently located in Water District #111, 50 percent to the District and 50 percent to Kent. There are 45 lots proposed within Water District #111 and 39 lots in Kent. Therefore, half the system development fees collected for the 45 lots in the District would be paid to the District. Exhibit: Draft Water Service Area and Corporate Boundary Adjustment Agreement Budget Impact: None. Kent's existing water system has been sized to include the area. Costs to connect to Kent's system will be borne by the developer. 36 This page intentionally left blank. 37 WATER SERVICE AREA BOUNDARY ADJUSTMENT AGREEMENT The City of Kent and Water District No. 111, both Washington municipal corporations, agree as follows: Recitals A. The City of Kent has received a subdivision plat application to construct approximately 82 single-family homes within the corporate boundaries of the City of Kent, the "Rainier Pond" subdivision. B. King County Water District No. 111 provides water service within a portion of the city's corporate boundaries. The city and the district have an agreed service area boundary line that determines which properties in Kent will be served by the city and which properties will be served by the district. C. The Rainier Pond subdivision property lies partially within both entities' service areas. D. The city and the district have decided to adjust their mutual service area boundary so that the Rainier Pond subdivision will lie entirely within the city's service area, on the condition that the city pay the district one-half of the system development charge established in section 7.02.160 of the Kent City Code and collected by the city from the Rainier Pond development for those lots residing within the current district boundary. Agreement 1. Boundary Adiustment. The service area boundary between the City of Kent and Water District No. 111 is adjusted so that all the property that comprises the Rainier Pond subdivision lies entirely within the city's service area. The Rainier Pond property site is described on Exhibit A, attached to this agreement. A map generally showing the Rainier Pond subdivision site and the original service area boundary line is attached for illustrative purposes as Exhibit B. A map generally showing the Rainier Pond subdivision site and the adjusted service area boundaries is attached for illustrative purposes as Exhibit C. 2. Payment. In consideration for adjustment of the service area boundary, the city will pay the district one-half of the system development charge established in section 7.02.160 of the Kent City Code and collected by the city from the Rainier Pond development for those lots located within the district's current service area (currently estimated at 45 lots). The city will tender payment to the District within thirty calendar days from the date the city receives payment from the developer. 38 3. Planning Documents, Other Approvals, and Governmental Notifications. The city and the district will amend their water system plans and any other required planning or permitting documents to show the adjusted boundary with each regular update of those plans, permits or other documents. Both the city and the district are responsible to provide any required government notifications, including without limitation, notifications to the Washington State Department of Health, the South King County Regional Water Association, and the Water Utility Coordinating Committee. However, failure to make those amendments, failure to obtain any required plan approvals involving the service area adjustment, or failure to provide required notifications will not affect the contractual obligations between the two parties established in this agreement. 4. Miscellaneous. 4.1 Duration. This agreement will remain in effect as a permanent service area boundary change. 4.2 Indemnification. The city will defend, indemnify and hold the 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 the city's negligent performance of this agreement. The district will 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 district's negligent performance of this agreement. 4.3 Non-Waiver of Breach. Either party's failure 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 will not be construed to be a waiver or relinquishment of those covenants, agreements or options. 4.4 Governing Law, Resolution of Disputes and Legal Costs. Washington law will govern this agreement. If the parties are unable to settle any dispute, difference or claim arising from this agreement, the exclusive means of resolving that dispute, difference or claim, will 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 will pay all its legal costs and attorney fees incurred in defending or bringing that claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph will be construed to limit the City's right to indemnification under subsection 4.1. 39 4.5 Assignment or Modification. Assignment, waiver, alteration, or modification of all or part of this agreement will not be binding unless in writing and signed by a duly authorized representative of each party. 4.6 Entire Agreement. The written provisions and terms of this agreement supersede all prior verbal statements of any officers or other representatives, and those statements will not be construed as part of this agreement. 4.7 Counterparts. This agreement may be executed in one or more counterparts, each of which shall constitute an original, and all of which together will constitute one agreement. 5. Effective Date. This agreement will take effect on the last date entered below. The City of Kent Water District No. 111 By By Its Its Date: Date: P'.AcivilAFllesVOpen Rles\1773-Public works Franchise Agm@wecer&sewerAWater service Area Boundary Adjust nenc Agreement doc: 40 This page intentionally left blank. 41 EXHIBIT _ THAT PORTION OF THE WATER DISTRICT 111 FRANCHISE LYING WITHIN SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, AS DESCRIBED IN CITY OF KENT ORDINANCE 3447 UNDER KING COUNTY RECORDING NUMBER 19991012000148 SHALL BE RELOCATED TO INCLUDE THE LANDS LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST 495.00 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 21 WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE EASTERLY, ALONG SAID SOUTH LINE TO THE WEST RIGHT OF WAY MARGIN OF 124TH AVENUE SOUTHEAST, SAID MARGIN BEING 30.00 FEET FROM CENTERLINE; THENCE NORTHERLY ALONG SAID WEST MARGIN AND ITS NORTHERLY EXTENSION TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY MARGIN OF SOUTHEAST 248TH STREET, SAID MARGIN BEING 20.00 FEET FROM CENTERLINE; THENCE WESTERLY ALONG SAID NORTH MARGIN TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE EAST 495.00 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 21, SAID POINT BEING ON THE WEST LINE OF THE EXISTING WATER DISTRICT 111 FRANCHISE LIMIT AND THE TERMINUS OF THE HEREIN DESCRIBED LINE. JJ;S woe ' F vns �;'•:�LCIS'1'fiR f�'�'�'Ai•LAt�' 42 ____ NORTH MARGIN 248TH s� SE 248TH ST - WEST LINE OF THE EAST 495' OF THE SWi/4 SEC 21 }�I ' cI m z o z O D m > w m Q } W of � Z " WI OI Zm wof m U w Q U W � WIC Z U Er E H U O W Z U Q �W WTI Y 0 " IQ I o � J NI Lu Z a' I IMPORTANT: THIS IS NOT A SURVEY.IT I POINT IS FURNISHED AS A CONVENIENCE TO LOCATE OF BEGINNING THE LAND INDICATED HEREON WITH REFERENCE SOUTH LINE OF NE1/4 OF SW1/4 TO STREETS AND OTHER LAND.NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON. PROJECT#WATER DISTRIC BOUNDARIES WATER DISTRICT 111 LOCATED IN THE NW 1/4 AND THE BOUNDARY REVISION SW 1/4 OF SEC 21,TOWNSHIP 22 N, K E N T DRAWN BY: TLM RANGE 5 E,W.M. CITY OF K W0 F.K " EXHIBIT ENT SCALE: 1"=200' LAND SURVEY SECTION DATE: 7/13/2015 43 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 14, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Monica Whitman, Senior Transportation Planner Through: Chad Bieren, P.E., City Engineer Subject: Information Only/State Transportation Package Motion: Information Item/No Motion Required Summary: On Wednesday, July 15, 2015, Governor Inslee will be signing into law the State's first comprehensive statewide transportation package in more than a decade, representing a 16-year, $16.1 billion investment. South King County will significantly benefit from the long awaited completion of the Puget Sound Gateway Projects (SR 167 and SR 509). The package also includes $15 million to complete the S 228th St/Union Pacific Railroad grade separation and more than $4.5 million in direct funding to the City over a 16 year period. The Transportation Revenue bill also provides Sound Transit the authority, subject to voter approval, for up to $15 billion in property, sales, and motor vehicle excise tax increases which will likely be on the ballot in November 2016. Additionally, the package states that cities or counties with overlapping boundaries of a transportation benefit district (TED) may absorb and take on the powers of those districts. TBD's will now have authority to impose a vehicle fee of up to $40 if a $20 fee has been in effect for at least 24 months. After the $40 fee has been in place for two years additional councilmanic increases are authorized, but would be subject to referendum. Exhibit: None Budget Impact: The City will receive $15 million for the 228th/Union Pacific Railroad grade separation project. In addition, over the next sixteen years, the city will receive an estimated $4,796,211 in direct local revenue gas tax distributions, $149,885 a year for 2016 and 2017; $321,180 a year thereafter. The package also includes additional Transportation Benefit District Authority and competitive grant funding opportunities (Transportation Improvement Board, Safe Routes to Schools, Complete Streets, Freight Mobility Strategic Investment Board, and Non-motorized). 44 This page intentionally left blank. 45 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 14, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Sean Bauer, Water Superintendent Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Water System — Update For Information Only/No Motion Required Summary: Staff will present updated information for Committee Members on our water sources, water system projects, and key accomplishments. Exhibit: None Budget Impact: None 46 This page intentionally left blank. 47 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 15, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Howard Hanson Dam Update Information Only/No Motion Required Summary: The City of Kent and its water supply partners have been working with the Corps of Engineers to install a downstream fish passage facility at the Howard Hanson Dam as part of a previous agreement. The Corps has resubmitted a Biological Assessment to the federal fisheries services for this project and is awaiting a Biological Opinion. The Eagle Gorge Reservoir upstream of Howard Hanson Dam is storing a substantial amount of water for summer and fall municipal supply and flow augmentation in the Green River, but due to the dry spring and early summer, the volume stored appears to be insufficient to meet desired river flows through the fall. The Corps and other stakeholders are working to finalize a plan to manage the available reservoir water. Staff will provide a status of the Howard Hanson Dam fish passage Project and the current summer reservoir storage. Exhibit: None Budget Impact: None 48 This page intentionally left blank. 49 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: June 25, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Joe Araucto, Pavement Management Engineer III Through: Dave Brock, P.E., Public Works Operations Manager Subject: Information Only/Channelization on 109th Avenue SE Information Only/No Motion Required Summary: Staff will present an update regarding the channelization on 109th Avenue SE between SE 256th St and SE 248th Street. Exhibit: None Budget Impact: None - Information Only Public Works Committee Agenda ONT Councilmembers: Brenda Fincher - Dana Ralph - Dennis Higgins, Chair k¢a�ti a July 20, 2015 Item Description Action Speaker Time Pace 1. Call to order Chair Higgins 1 2. Roll Call Chair Higgins 1 3. Changes to the Agenda Chair Higgins 1 4. Approval of Minutes, dated July 6, 2015 YES Chair Higgins 3 03 5. Grandview Apartments Slope Easement and YES Chad Bieren 08 07 Staging Area License Agreement 6. Consultant Agreement with KBA Inc. — S. YES Eric Connor 05 29 Central Construction Management 7. Overlay Project Change Order - ICON YES Eric Connor 08 33 8. Water District #111 Service Boundary YES Sean Bauer 05 35 Change Agreement 9. Information Only/State Transportation NO Monica Whitman 08 43 Package 10. Information Only/Water Update NO Sean Bauer 20 45 11. Information Only/Howard Hanson Dam, Fish NO Mike Mactutis 10 47 12. Information Only/109th Street Channelization NO Joe Araucto 10 49 Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Monday of each month at Kent City Hall, Council Chambers East, 220 41h Ave S, Kent, WA 98032. For additional information please contact Cheryl Viseth at 253-856-5500. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank. Public Works Committee Minutes 3 July 6, 2015 Item 1 — Call to Order: The meeting was called to order at 4:01 p.m. by Committee Chair, Dennis Higgins. Item 2 — Roll Call: Committee members present: Higgins, Ralph and Fincher. Item 3 — Chances to the Agenda: Switch in order, item 7 will be heard before item 6 Item 4 — Approval of Meeting Minutes Dated June 15, 2015: Committee member Fincher MOVED to approve the minutes of June 15, 2015. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 5 —10 Year Inter-Local Agreement with Water Resource Inventory Area (WRIA) 9: Environmental Manager, Mike Mactutis noted that in 1999, the federal government listed Puget Sound Chinook salmon and Bull Trout as threatened under the Endangered Species Act. In 2000, concerned about the need to protect and restore habitat for salmon, 16 cities and King County in WRIA 9 signed an ILA to jointly participate in and fund the development of a habitat conservation plan. In 2006, the ILA was updated to reflect implementation of the 2005 WRIA 9 Salmon Habitat Plan and renewed for a ten year term which expires at the end of 2015. Puget Sound Steelhead were subsequently also listed as threatened under the Endangered Species Act in 2007. The local agencies entered into the ILA share interest in and responsibility for addressing long term watershed planning and conservation and wish to continue providing for planning and implementation of various activities and projects. The result of the sixteen years of collaboration among the parties and stakeholders is the development and implementation of the WRIA 9 Salmon Habitat Plan, which is anticipated to be updated in the term of the proposed ILA. The goals of the ILA are to collaborate on Salmon recovery; integrate other efforts into the Salmon recovery efforts. Another is to review capital projects, funding sources are reviewed at the Form. Kent has been awarded over 5 million in grants, this year the City is looking at 1.6 million in grant funding. Funding comes through State, local and Federal funding; the City is the third largest contributor. Some accomplishments to date are 918 acres of protected land through acquisition or easement and 80 acres of riparian area planted. The proposed ILA has been updated to reflect the current structure of the WRIA 9 Watershed Ecosystem Forum and clarify some of its purposes and procedures. Ratification of the ILA would continue the City's support for preservation and restoration of salmon habitat in the Green River watershed through the implementing the Salmon Habitat Plan. The updated WRIA should be signed by the end of July. Committee Chair Higgins notes that at the last meeting it was made clear that no major changes are being made and all entities involved are signing the same document. There seems to be no reason to not approve this ILA; this is an impressive agreement to be a part of and approve. Committee member Fincher and Ralph agree. Committee member Ralph further noted that the intent of the ILA is solid and expressed her appreciation for Environmental Manager Mactutis being a strong voice for the City of Kent and for bringing a very balanced voice to the group with great perspective. Committee Member Ralph MOVED to recommend to City Council authorization for the Mayor to sign an Interlocal Agreement (ILA) for the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area (WRIA) 9 (which includes portions of Water Resource Inventory Areas 8, 10, and 15). The motion was SECONDED by Committee member Fincher and PASSED 3-0. 1 Public Works Committee Minutes 4 July 6, 2015 Item 7 — Agreement with R2 Resource Consultants for Mitigation for the Mill Creek Reestablishment Proiect: Environmental Biologist, Matt Knox noted that the Mill Creek Reestablishment Project proposes to reestablish the original grades between culverts along Mill Creek in the Kent valley. This project will remove accumulated sediment within the creek channel between S. 2041h Street and W. Smith Street to reduce flooding and drainage issues. The sediment build up in the Mill Creek channel seems to be coming from Earthworks and has no place to go. The project would remove built up sediment. Several environmental permits will be required for this project, including an Army Corps of Engineers Section 404 (Discharge of Dredge or Fill Material into Water) permit. Several wetlands are expected to be impacted by this project and mitigation must be designed and planned to receive Corps approval of the 404 permit. Currently the goal is to permit the entire project so staff does not have to return to committee for each permit. There is about 3 miles of creek channel to clear, including wetland mitigation that needs to happen as a result of clearing the sediment. R2 Resource Consultants, Inc., will design a wetland mitigation plan that meets Corps requirements to compensate for impacts to Mill Creek wetlands from the Mill Creek Reestablishment Project. It is expected that mitigation will occur on the City property just east of Mill Creek and north of James Street (the "Little Property"). Knox noted that informational meetings have been held with the neighborhood council and mailings have been sent. He anticipates continuing this practice as the project moves forward. Committee member Fincher MOVED to recommend Council authorize the Mayor to sign a consultant services agreement with R2 Resource Consultants, Inc. in an amount not to exceed $76,319 to prepare a wetland mitigation plan for the Mill Creek Reestablishment Project. This agreement will be subject to terms and final conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 6 — Agreement with Tetra Tech for Geotechnical Enaineerina for the Mill Creek Reestablishment Proiect: Environmental Engineer, Toby Hallock noted The Mill Creek Reestablishment project consists of removing accumulated sediment throughout the creek channel in order to restore the original grade of the creek. The accumulation of sediment is one reason there is flooding along Mill Creek in the Kent Valley. In researching the creek and its culverts, it was determined that two culverts are at higher elevations than areas directly upstream. This causes water to back up and increases the risk of flooding during rain events. Tetra Tech, Inc. will evaluate the two culverts and the surrounding areas and make recommendations to alleviate the potential problems caused by the elevated culverts. One of the culverts is under a driveway at the Chandler's Bay Apartment complex off of Central Avenue North and it is 3.5 feet higher than the closest up stream Culvert on James St. The other is a Union Pacific Railroad culvert near 761h Avenue South and it is about 3 feet higher than the next upstream culvert. Improvements at and near these two culverts, in addition to other improvements related to this project and other current storm drainage work in the valley will help reduce the risk of flooding. Director LaPorte commented that it was important to know exactly what we needed to do before we approached Union Pacific Railroad about solutions. The Culvert at Union Pacific has some 2 Public Works Committee Minutes 5 July 6, 2015 quarry rocks that may be able to be removed which could help alleviate the flooding. This will be a partnership project with Drainage District number 1. Committee member Ralph questioned if the UP culvert was the responsibility of the City of Kent and if we can approach the railroad about bringing it up to code since it was not built or maintained by the City. Director LaPorte responded that the study needed to be done first prior to approaching the railroad so we are able to ask that question of UP intelligently. Committee Member Fincher questioned what other cities might also be having this problem and if a solution was to approach the railroad together. Committee Chair Higgins agreed that this was an idea that should be explored. Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a consultant services agreement with Tetra Tech, Inc. in an amount not to exceed $27,045 to evaluate and provide recommendations to improve culverts along Mill Creek, subject to terms and final conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 8 — Information Only/Change Order 40" Ave & 42nd Ave — 2015 Overlay Project: Joe Araucto, Pavement Management Engineer, noted that at the June 16, 2015 City Council meeting, the Public Works Department will present 401h Avenue South between South 272nd and approximately 150 feet north of Cambridge Court, and 42nd Avenue South between Reith Road and South 261s' Street as candidate streets to add to the 2015 Overlay Project. These streets were chosen as a representative street from the West Hill Area and because they are main arterials. There will be coordination with the local schools for the project. Director LaPorte commented that more action items will be brought to the Committee after Construction Manager, Eric Connor has reviewed the work that needs to be done on these streets. The speed bumps on these streets are some of the first put in the City back in the 70's and the plan is to replace them exactly as is, with new pavement since they have held up so well. Information Only/No Motion Required The meeting was adjourned at 4:54 p.m. Kara Moore Council Committee Recorder 3 6 This page intentionally left blank. 7 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director DEVELOPMENT ENGINEERING DIVISION Brennan Taylor, P.E., Manager Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 14, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Brennan Taylor, P.E., Development Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Grandview Apartments Slope Easement and Staging Area License Agreement Motion: Move to recommend that Council authorize the Mayor to execute all necessary documents to grant a slope easement and temporary license agreement on city property adjacent to the Grandview Apartments, LLC development for grading and staging area purposes. Summary: Permits are currently under review by the City for a 261-unit apartment complex called Grandview Apartments, located at the northwest corner of Veterans Drive and Riverview Boulevard. The property was recently sold by the City to DevCo, Inc. as surplus property remaining from the 228th Corridor road project. In order to construct the apartment development on this sloped property, a significant amount of grading is necessary. A small amount of grading needs to extend onto a separate City-owned property (parcel #1522049173) adjacent to and north of the Grandview site in order to avoid construction of a large unsightly wall. Accordingly, Grandview Apartments, LLC is requesting a slope easement from the City to allow grading on the City-owned parcel referenced above, which contains a pedestrian path connecting to the Grandview Dog Park. The proposed grading will not impact the path and the Parks Department is aware of the proposal. Additionally, Grandview Apartments, LLC has requested a temporary license agreement to use another City-owned parcel south of Veterans Drive (parcel #1522049170) during construction (2 years) for staging of construction equipment and employee vehicles. Exhibits: Slope Easement with Exhibits A, B and C Staging Area License Agreement with Exhibits A, B, C and D Budget Impact: The payment to the City for the slope easement will be $14,832.09 and the license fee for the staging area will be $2,888.35 per month. 8 This page intentionally left blank. 9 WHEN RECORDED RETURN TO: Property Management City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: City of Kent, a Washington municipal corporation Grantee: Grandview Apartments, LLC, a Washington limited liability company Abbreviated Legal Description: Southwest Portion of Parcel 1522049173 Additional Legal Description: As described in Exhibits "A" and "B" and depicted in Exhibit "C" of this Document. Assessor's Tax Parcel ID No. 1522049173 Project: Grandview Apartments SLOPE EASEMENT In consideration of Grantee's payment of fourteen thousand eight hundred thirty two and 09/100 dollars ($14,832.09), mutual benefits derived, and/or other valuable consideration, receipt of which Grantor and Grantee acknowledge, the City of Kent, a Washington municipal corporation ("Grantor'), conveys and quit claims to Grandview Apartments, LLC., a Washington limited liability company ("Grantee"), and its successors and assigns, a Slope Easement with necessary appurtenances, for the construction, maintenance, extension, reconstruction and repair of slopes, cuts and fill, over, under, through, across and upon the following described real property, situated in Kent, King County, Washington, but only to the extent necessary for the development and maintenance of the Grandview Apartments: • GRANTOR'S PROPERTY THAT IS SUBJECT TO THE EASEMENT IS DESCRIBED IN EXHIBIT -A,- ATTACHED. • THE EASEMENT AREA IS DESCRIBED IN EXHIBIT "B" ATTACHED. • A DRAWING INDICATING THE EASEMENT AREA IS ATTACHED FOR ILLUSTRATIVE PURPOSES ONLY AS EXHIBIT "C" ATTACHED. 10 Grantee shall at all times exercise its easement rights in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee accepts the easement area in its present physical condition, AS IS. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys' fees incurred by Grantor in connection with the grant of this easement, arising directly or indirectly from, on account of, or out of the wrongful or negligent exercise of these easement rights by Grantee, its servants, agents, employees and contractors. This Slope Easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. Dated this day of 2015. GRANTOR: By: Its: GRANTEE: By: Its: Notary Acknowledgements Appears on Next Page 11 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 12 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM City Attorney P'.\CINnFl l esVOpen Ries\1811GFandvlew\Slope Easement Forth.doc: 13 EXHIBIT A Description of City of Kent Parcel 1522049173, New Parcel 3 of City of Kent Record of Survey, Recording No. 20130109900002 That portion of the northwest quarter of Section 15, Township 22 North, Range 4 East, Of the W.M., in King County, Washington, described as follows: Commencing at the northwest corner of Tract R, of City of Kent Lot Line Adjustment Number LL-99-13 as recorded under King County Recording Number 19991123900003; thence S89°42'51"W, along the north line of said Tract R, 56.57 feet to the True Point of Beginning of the herein described Tract, thence S17°17'08"E 250.35 feet to a point of tangency with a 1969.00 foot radius, circular curve to the right, thence southerly, along said curve, through a central angle of 12°42'34" an arc distance of 471.13 feet to a point of tangency; thence S03034'34"E 283.76 feet to a point of tangency with a 2431.00 foot radius, circular curve to the left, thence southerly, along said curve, through a central angle of 00006'47", an arc distance of 4.80 feet to the north line of the south 1000.00 feet of the northwest quarter of said section 15, thence N89051'29"W, along said north line, 164.04 feet to a point on the west line of aforesaid Tract R, thence along the boundary of said Tract R the following eight courses and distances; thence N03051'20"E 4.56 feet; thence N50008'40"w 158.37 feet; thence S75051'20"W 110.56 feet, thence N00005'40"W 93.00 feet; thence N41012'28"E 208.83 feet; thence N89050'48"E 45.27 feet; thence N00049'56"E 663.32 feet to the north line of said Tract R; thence N89042'51"E 26.00 feet to the True Point of Beginning. 14 EXHIBIT B Legal Description of Grading Easement within New Parcel 3, City of Kent Record of Survey Recording No. 20130109900002 Commencing at City of Kent Control Point Number 8299 as shown on City of Kent Record of Survey AFN 20130109900002, located in the southeast quarter of the Northwest quarter of Section 15, Township 22 N, Range 4 E of the W.M., in King County, Washington, located on the centerline of Riverview Blvd South, at the north end of the overpass for South 231st St. Way; thence North 05028'23" West, along the center line of said Riverview Blvd South a distance of 20.37 feet to the beginning of a curve tangent to said line; thence continuing along said centerline northerly a distance of 72.65 feet along the curve concave to the east, having a radius of 2400.00 feet and a central angle of 1044'04"; thence North 89051'29" West, leaving said centerline a distance of 31.07 feet to the west margin of said Riverview Blvd South thence North 89051'29" West, a distance of 103.76 feet to the True Point of Beginning; thence North 60029'09" West, a distance of 44.47 feet; thence North 88043'03" West, a distance of 16.54 feet; thence North 25017'57" West, a distance of 59.90 feet; thence North 66045'19" West, a distance of 19.33 feet; thence North 79011'44" West, a distance of 39.96 feet; thence North 22017'52" West, a distance of 37.66 feet; thence North 68017'25" West, a distance of 30.49 feet; thence North 81029'16" West, a distance of 44.28 feet; thence North 42001'53" West, a distance of 17.74 feet; thence North 77036'15" West, a distance of 51.51 feet; thence South 68012'01" West, a distance of 10.45 feet; thence South 00057'11" East, a distance of 86.92 feet; thence North 75051'20" East, a distance of 116.69 feet; thence South 50008'40" East, a distance of 158.37 feet; thence South 03051'20" West, a distance of 4.56 feet; thence South 89051'29" East, a distance of 60.27 feet to the True Point of Beginning. Containing 12,677 Square Feet, More or Less. 15 EXHIBIT C Diagram of Grading Easement LINE BEARING DISTANCE L1 N35'28'23'W 20.37' L2 N89'51'29"W 31.07' CRY OF(CENT NEW L3 N60'29'0�9'W 44.47' PARCEL3,SURVEY L4 NE®'43 03"W 16.54' 20130109900002 L5 N25'17'57"W 59.90' TAX PARCEL L6 N66'45'19"W 19.33' I6 �y3 1522049173 L7 N79'11'44"W 39.96' '31 L] LB N22'17'5�2"W 37.66' Y ] L9 N68'17'25"W 30.49' IM-© �, <g L10 N81'�29'15"W 44.26' �m 09 L11 N42'01'53'W 1774' L12 N77'36'15'W 51..51 �a. L13 SB8'12'01"W 10.45' < 69 45, L 7 46 f!7 N?55h SSOe �'i+r V GRANDVIEW PROPERTY (CENT LLE NO.LL-2015-5, F REVISED BY RECORD OF SS6 B4 —T.P.O.B. SURVEY NO.20150622900002 '�'�. 10�3,76 W N N89"51'29 L2 503°.`r1'20W � 509°5129"E _ 4 56 60.27' R=2400.00' 1 W E A=72.55' �� S CRY OF(CENT --- NOT To SCALE CONTROL POINT 'T #8299 r 16 This page intentionally left blank. 17 TEMPORARY LIMITED LICENSE AGREEMENT FOR A CONSTRUCTION STAGING AREA PARTIES THIS TEMPORARY LIMITED LICENSE AGREEMENT FOR A CONSTRUCTION STAGING AREA ("License") is between the CITY OF KENT, a Washington municipal corporation ("City"), and Grandview Apartments, LLC, a Washington limited liability company ("Licensee"). RECITALS 1. Licensee seeks to construct a multi-family apartment development, located approximately at 3900 Veterans Drive, Kent, Washington, 98032. 2. Licensee has requested that the City grant a permit to use City property to temporarily store materials and equipment for staging purposes during Licensee's construction of the Grandview Apartments development. 3. The City has agreed to issue this license. NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. In consideration of payment of $2,888.35 per month until this License is terminated, and for mutual benefits derived and other valuable consideration receipt of which is hereby acknowledged by the City and Licensee, the City grants this License ("License") for a period of two years from the Effective Date (the "Term") for Licensee's use to temporarily store materials and equipment for staging purposes during Licensee's construction of the Grandview Apartments development across and upon a portion of the City's property located on King County parcel number 1522049170, described in Exhibit A ("Property") and approximately shown in Exhibit B and Exhibit C. This License is subject to all the terms and conditions established below. 2. Damage to Property and Restoration. Licensee will repair any damage to the Property caused by Grantee arising from or in any way connected to the Grantee's use of the Property. Upon revocation, termination, or expiration of this License, Licensee will restore, at Licensee's sole cost and expense, the Licensed Area to its original condition prior to the issuance of the License. This restoration obligation will survive the expiration of this License. 18 3. Revocation and Termination. This License affects a valuable property interest owned by the City. This License does not grant an estate in the Property; it is not an easement; it is not a franchise; it is not exclusive; and it does not exclude the City from full possession of the Property. As a License upon real property, it is revocable at the will of the City. However, prior to the City's termination or revocation, the City will provide Licensee with at least fifteen calendar days' written notice of termination or revocation. Licensee must remove all equipment, materials, and debris and restore the Licensed Area, unless the City and Licensee agree, in writing, otherwise. If Licensee fails to remove the Improvements within the allotted time, the City may remove all or part of the Improvements, restore the Licensed Area, and Licensee will compensate the city, all costs of the removal and restoration, within forty-five calendar days from the date the city submits to Licensee an accounting of costs incurred. Licensee waives any right it may have to any claim for damages of any kind incurred as a result of the City's removal of all or part of the Improvements. 4. Permits Required. The City's grant of this License does not release Licensee from any of its obligations to obtain applicable local, state and federal permits necessary to install, construct, use and inspect the Grandview Apartments. Licensee's failure to comply with this Section 4 will constitute grounds for immediate revocation by the City. The consideration in Section 1 is in addition to any fees required for applicable local, state and federal permits. S. Maintenance. Licensee will maintain the Property in a clean, well- kept, orderly condition to the satisfaction of the City. 6. Emergency. In the event of any emergency in which any portion of the Property becomes an immediate danger to the property, life, health or safety of any individual, Licensee will immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this License. However, this emergency work will not relieve Licensee from its obligation to obtain all permits necessary for this purpose, and Licensee will apply for those permits within the next two succeeding business days. 7. Indemnification. Licensee will comply with the following indemnification requirements: 7.1 Licensee will defend, indemnify, and hold the City, its officers, officials, employees, agents, assigns, and volunteers harmless from any and all claims, actions, injuries, damages, losses, or suits, including all reasonable legal costs, witness fees, and attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, except to the extent caused by the sole negligence of the City, its employees, agents, contractors, or invitees. 19 7.2 The City's inspection or acceptance of any of Licensee's work when completed will not be grounds to avoid any of these covenants of indemnification. 7.3 These indemnification obligations will extend to any claim, action or suit that may be settled by compromise, provided that Licensee will not be liable to indemnify the City for any settlement agreed upon without the consent of Licensee; however, if Licensee consents to the agreed upon settlement, the Licensee will indemnify and hold the City harmless as provided for in this Section 7 by reason of that settlement. Moreover, if Licensee refuses to defend the City against claims by third parties, Licensee will indemnify the City regardless of whether the settlement of those claims is made with or without Licensee's consent. 7.4 In the event that Licensee refuses to accept tender of defense in any claim, action, or suit by a third party pursuant to this Section 7 and if Licensee's refusal is subsequently determined by a court having jurisdiction (or other tribunal that the parties will agree to decide the matter) to have been a wrongful refusal, then Licensee will pay all the City's costs for defense of the action, including all reasonable legal costs, witness fees, and attorney fees and also including the City's costs, including all legal costs, witness fees and reasonable attorney fees, for recovery under this Section 7, indemnification clause. 7.5 The provisions of this Section 7 will survive the expiration or termination of this License. S. Insurance. Licensee will procure and maintain for the duration of this License, insurance of the types and in the amounts described in Exhibit D, attached. 9. Modification. This License may not be modified, altered, or amended unless first approved in writing by the City. 10. Assignment. Licensee will not assign all or any portion of its rights, benefits, or privileges, in and under this License without prior written approval of the City, which approval will not be unreasonably withheld or delayed. 11. Compliance with Laws. Licensee will comply with all federal, state and local laws, rules and regulations that are applicable to this License. 12. Venue and Jurisdiction. This License will be construed in accordance with the laws of the State of Washington. Venue and jurisdiction for the resolution of disputes will be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each party will be responsible for its own legal costs and attorney fees except as noted in Section 7. 20 13. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, will be in writing and will be deemed to have been given when sent by registered or certified mail, return receipt requested, to the addresses listed below for each party, or to another person or address as either party will designate to the other party in writing: CITY: LICENSEE: City of Kent Grandview Apartments, LLC Attn: City Clerk Attn: Evan Hunden 220 Fourth Avenue South 10900 NE 8th St., Ste. 1200 Kent, WA 98032 Bellevue, WA 98004 With a copy to: Economic and Community Development Director City of Kent 220 Fourth Avenue South Kent, WA 98032 14. No Waiver of Rights. Nothing in this License will constitute a waiver of either party's right to challenge any portion of the License that is not in accordance with applicable federal, state and local laws. 15. Warranty of Authority to Execute. Each person executing this License warrants that he/she has the requisite authority to bind the party for whom that person is executing. 16. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed in this License. This License will be effective upon the last day executed below ("Effective Date"). 21 CITY OF KENT LICENSEE By: By: Print Name:SUZETTE COOKE Print Name: Its: Mayor Its: Date: Date: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires zz STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires P, lTilesapmFilesUS11—F�a�� m®og��icm=eao= 23 EXHIBIT A THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE W.M., IN KING COUNTY, WAHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 15, FROM WHICH POINT THE NORTHWEST CORNER OF SAID SECTION BEARS N01°11'50"E 2627.97 FEET DISTANT, AND FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION BEARS S01°19'30"W 2629.88 FEET DISTANT; THENCE S89"51'29"E, ALONG THE EAST WEST CENTER OF SECTION LINE OF SAID SECTION 15, A DISTANCE OF 897.78 FEET; THENCE N24°44'16W 53.27 FEET; THENCE N20°12'27"E 43.80 FEET TO A POINT ON A 1340.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N24"42'56"W; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02023'08" AN ARC DISTANCE OF 55.79 FEET TO A POINT OF TANGENCY; THENCE N62°53'56"E 355.76 FEET TO A POINT OF TANGENCY WITH A 1960.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10"00'58" AN ARC DISTANCE OF 342.64 FEET; THENCE S65°09'41" E 22.56 FEET TO A POINT ON A 1945.00 FOOT CIRCULAR CIRVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF CURVE BEARS S16°35'26"E AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE EASTERLY, ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 11-07-22", AN ARC DISTANCE OF 377.58 FEET; THENCE SO5°28'04"E 7.00 FEET; THENCE N84°31'56"E 332.00 FEET; THENCE S73°00'00"E 61.09 FEET TO A POINT ON A 192.00 RADIUS CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N72'44'58"E; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 70°01'18", AN ARC DISTANCE OF 234.64 FEET TO A POINT OF REVERSE CURVATURE AND THE BEGINNING OF A 35 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 81047'57", AN ARC DISTANCE OF 49.97 FEET TO A POINT OF TANGENCY; THENCE S05°28'23" E 313.25 FEET TO THE EAST WEST CENTER OF SECTION LINE OF SAID SECTION 15; THENCE N89°51'29"W, ALONG SAID CENTER SECTION LINE, 392.47 FEET; THENCE N23°56'42"W 163.36 FEET TO A POINT THAT BEARS S65009'41"E FROM THE TRUE POINT OF BEGINNING; THENCE N65°09'41"W 592.96 FEET TO THE TRUE PONT OF BEGINNING. CONTAINING APPROXIMATELY 280,027 SQUARE FEET OR 6.4285 ACRES, MORE OR LESS. 24 EXHIBIT B � � \ / q�\ } � ZL Z4 80 0 cn oo,u :D n> 'T, L co A� 10 z czm 0 0 n5 W ?N'SP/ � � \ aAli3 21 , ------ --- -- - - - - - - - -- - - - -- - - - - - - - - - --- - zs dim �m� 26 EXHIBIT D INSURANCE REQUIREMENTS FOR LIMITED LICENSE AGREEMENT Insurance GRANDVIEW APARTMENTS, LLC 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 GRANDVIEW APARTMENTS, LLC, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance GRANDVIEW APARTMENTS, LLC 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. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage. Coverage shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an Additional Insured under the GRANDVIEW APARTMENTS, LLC's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liability insurance covering both the Commercial General Liability and Automobile policies. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance GRANDVIEW APARTMENTS, LLC shall maintain the following minimum insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 27 EXHIBIT D (Continued) 3. Excess Liability insurance shall be written with limits no less than $2,000,000 per occurrence and $2,000,000 aggregate in excess of the CGL policy cited above. 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: 1. GRANDVIEW APARTMENTS, LLC's insurance coverage shall be primary insurance as respects the City. Any insurance maintained by the City shall be excess of GRANDVIEW APARTMENTS, LLC's insurance and shall not contribute with it. 2. GRANDVIEW APARTMENTS, LLC 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 as respects work performed by or on behalf of GRANDVIEW APARTMENTS, LLC 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. GRANDVIEW APARTMENTS, LLC'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. GRANDVIEW APARTMENTS, LLC's Insurance For Other Losses GRANDVIEW APARTMENTS, LLC shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, employee owned tools, machinery, equipment, or motor vehicles owned or rented by GRANDVIEW APARTMENTS, LLC, or GRANDVIEW APARTMENTS, LLC's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation GRANDVIEW APARTMENTS, LLC and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Agreement or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. 2s EXHIBIT D (Continued) F. Verification of Coverage GRANDVIEW APARTMENTS, LLC shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability, Commercial General Liability and/or Excess insurance, of the GRANDVIEW APARTMENTS, LLC before commencement of the work. G. Subcontractors GRANDVIEW APARTMENTS, LLC 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 GRANDVIEW APARTMENTS, LLC. 29 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 16, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Eric Connor, Construction Manager Through: Chad Bieren, P.E., City Engineer Subject: Central Avenue S. Construction Management - Consultant Services Agreement with KBA, Inc. Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with KBA Inc. in an amount not to exceed $600,000 to provide construction management services for the Central Avenue S. Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Central Ave. S. Pavement Preservation and Utility Improvement Project is located on Central Ave S. between Willis Street and the Green River Bridge. This is a federally funded project that will provide pavement rehabilitation between Willis St. and the Green River Bridge. The project will also include new curb & gutter and sidewalk replacement, upgrading the existing 6" water main to 12", and providing cured-in-place lining of the existing sanitary sewer main. This year has been a very productive year in the Public Works Department with over 10 projects anticipated to be under construction this summer and fall. The Construction Engineering section needs additional help to manage all of these projects. Therefore, it is necessary to hire a consultant to for the Central Avenue project. Through our selection process and interview with three separate consultants we selected KBA, Inc. KBA, Inc. is a Construction Management firm based in Bellevue that specializes in managing Federally Funded Capital Improvement Projects in the Puget Sound Region. Exhibit: KBA Inc. Scope of Work and Fee Proposal Budget Impact: Funding for this work is included in the federal grants and B&O funds. 30 This page intentionally left blank. - M qN xm �Hgg E µg m s � m 62 R3xR m o v^" 88 o 2 00 wr xm h. —ry r m a 3 i� $ - ✓ t` n. d r o E vas 19 m g e gal a w � v E '2 :�� ryV yV rai no e U E V 1 h E ,. �m $o � E � o � 8 � �WFAro xi c J EEo c w '. � R'__➢� 3 E Y sy�w2o�n0 j�"c(4y yrnU :Y to VinZ�p Ouv� E a 32 This page intentionally left blank. 33 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 1, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Eric Connor, Construction Manager Through: Chad Bieren, P.E., City Engineer Subject: Potential Addition to the 2015 Overlay Project - 40th Avenue South &42"d Avenue South Motion: Move to recommend Council authorize the Mayor to sign a Construction change order with ICON Materials for $550,000 to provide additional asphalt work on 40th Avenue South between South 272"d and north of Cambridge Court, and 42"d Ave South between Reith Road and South 2615t Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: As presented at the July 6, 2015 Public Works Committee meeting, there is more funding available for this project than originally anticipated. Based on the favorable bid prices received for the 2015 Asphalt Overlay project, staff recommends Council authorize a change order to include 40th Avenue South between South 272nd and north of Cambridge Court, and 42nd Avenue South between Reith Road and South 261't Street. The contractor has agreed to extend its unit bid prices for this proposed change order. This ensures the price for the proposed work is competitive. Exhibit: None Budget Impact: Funding will come from the Solid Waste Utility tax. 34 This page intentionally left blank. 35 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 1, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Sean Bauer, Water Superintendent Through: Chad Bieren, P.E., City Engineer Subject: Water District #111 Service Boundary Change Agreement Motion: Move to recommend Council authorize the Mayor to sign an agreement with Water District #111 that would adjust the Water Service Area and Corporate Boundary of the Kent Water Department to include the On Rainier Pond plat. Summary: The Kent Water Service Area ends just west of the 124th Ave SE/SE 248th Street intersection. There is a housing plat called On Rainier Pond proposed on the southwest corner of the intersection that requires water service. Roughly half of the plat is located in the Water District #111 water service area; with the other half located in the city's service area. There is an existing Kent water main that runs under SE 248th Street that could economically serve the plat. The On Rainier Pond project developer, Water District #111 staff and Kent staff agree that adjusting the water service area and corporate boundary to allow Kent to serve the development makes the most sense. Water District #111 has sized its system to serve the area near the 124th Ave SE/SE 248th Street intersection and has invested in infrastructure to accommodate growth. Therefore, the District is allowed to collect system development fees. The attached agreement includes a provision to reimburse Water District #111 for its costs by splitting the system development fees for the parcels currently located in Water District #111, 50 percent to the District and 50 percent to Kent. There are 45 lots proposed within Water District #111 and 39 lots in Kent. Therefore, half the system development fees collected for the 45 lots in the District would be paid to the District. Exhibit: Draft Water Service Area and Corporate Boundary Adjustment Agreement Budget Impact: None. Kent's existing water system has been sized to include the area. Costs to connect to Kent's system will be borne by the developer. 36 This page intentionally left blank. 37 WATER SERVICE AREA BOUNDARY ADJUSTMENT AGREEMENT The City of Kent and Water District No. 111, both Washington municipal corporations, agree as follows: Recitals A. The City of Kent has received a subdivision plat application to construct approximately 82 single-family homes within the corporate boundaries of the City of Kent, the "Rainier Pond" subdivision. B. King County Water District No. 111 provides water service within a portion of the city's corporate boundaries. The city and the district have an agreed service area boundary line that determines which properties in Kent will be served by the city and which properties will be served by the district. C. The Rainier Pond subdivision property lies partially within both entities' service areas. D. The city and the district have decided to adjust their mutual service area boundary so that the Rainier Pond subdivision will lie entirely within the city's service area, on the condition that the city pay the district one-half of the system development charge established in section 7.02.160 of the Kent City Code and collected by the city from the Rainier Pond development for those lots residing within the current district boundary. Agreement 1. Boundary Adiustment. The service area boundary between the City of Kent and Water District No. 111 is adjusted so that all the property that comprises the Rainier Pond subdivision lies entirely within the city's service area. The Rainier Pond property site is described on Exhibit A, attached to this agreement. A map generally showing the Rainier Pond subdivision site and the original service area boundary line is attached for illustrative purposes as Exhibit B. A map generally showing the Rainier Pond subdivision site and the adjusted service area boundaries is attached for illustrative purposes as Exhibit C. 2. Payment. In consideration for adjustment of the service area boundary, the city will pay the district one-half of the system development charge established in section 7.02.160 of the Kent City Code and collected by the city from the Rainier Pond development for those lots located within the district's current service area (currently estimated at 45 lots). The city will tender payment to the District within thirty calendar days from the date the city receives payment from the developer. 38 3. Planning Documents, Other Approvals, and Governmental Notifications. The city and the district will amend their water system plans and any other required planning or permitting documents to show the adjusted boundary with each regular update of those plans, permits or other documents. Both the city and the district are responsible to provide any required government notifications, including without limitation, notifications to the Washington State Department of Health, the South King County Regional Water Association, and the Water Utility Coordinating Committee. However, failure to make those amendments, failure to obtain any required plan approvals involving the service area adjustment, or failure to provide required notifications will not affect the contractual obligations between the two parties established in this agreement. 4. Miscellaneous. 4.1 Duration. This agreement will remain in effect as a permanent service area boundary change. 4.2 Indemnification. The city will defend, indemnify and hold the 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 the city's negligent performance of this agreement. The district will 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 district's negligent performance of this agreement. 4.3 Non-Waiver of Breach. Either party's failure 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 will not be construed to be a waiver or relinquishment of those covenants, agreements or options. 4.4 Governing Law, Resolution of Disputes and Legal Costs. Washington law will govern this agreement. If the parties are unable to settle any dispute, difference or claim arising from this agreement, the exclusive means of resolving that dispute, difference or claim, will 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 will pay all its legal costs and attorney fees incurred in defending or bringing that claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph will be construed to limit the City's right to indemnification under subsection 4.1. 39 4.5 Assignment or Modification. Assignment, waiver, alteration, or modification of all or part of this agreement will not be binding unless in writing and signed by a duly authorized representative of each party. 4.6 Entire Agreement. The written provisions and terms of this agreement supersede all prior verbal statements of any officers or other representatives, and those statements will not be construed as part of this agreement. 4.7 Counterparts. This agreement may be executed in one or more counterparts, each of which shall constitute an original, and all of which together will constitute one agreement. 5. Effective Date. This agreement will take effect on the last date entered below. The City of Kent Water District No. 111 By By Its Its Date: Date: P'.AcivilAFllesVOpen Rles\1773-Public works Franchise Agm@wecer&sewerAWater service Area Boundary Adjust nenc Agreement doc: 40 This page intentionally left blank. 41 EXHIBIT _ THAT PORTION OF THE WATER DISTRICT 111 FRANCHISE LYING WITHIN SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, AS DESCRIBED IN CITY OF KENT ORDINANCE 3447 UNDER KING COUNTY RECORDING NUMBER 19991012000148 SHALL BE RELOCATED TO INCLUDE THE LANDS LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST 495.00 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 21 WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE EASTERLY, ALONG SAID SOUTH LINE TO THE WEST RIGHT OF WAY MARGIN OF 124TH AVENUE SOUTHEAST, SAID MARGIN BEING 30.00 FEET FROM CENTERLINE; THENCE NORTHERLY ALONG SAID WEST MARGIN AND ITS NORTHERLY EXTENSION TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY MARGIN OF SOUTHEAST 248TH STREET, SAID MARGIN BEING 20.00 FEET FROM CENTERLINE; THENCE WESTERLY ALONG SAID NORTH MARGIN TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE EAST 495.00 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 21, SAID POINT BEING ON THE WEST LINE OF THE EXISTING WATER DISTRICT 111 FRANCHISE LIMIT AND THE TERMINUS OF THE HEREIN DESCRIBED LINE. JJ;S woe ' F vns �;'•:�LCIS'1'fiR f�'�'�'Ai•LAt�' 42 ____ NORTH MARGIN 248TH s� SE 248TH ST - WEST LINE OF THE EAST 495' OF THE SWi/4 SEC 21 }�I ' cI m z o z O D m > w m Q } W of � Z " WI OI Zm wof m U w Q U W � WIC Z U Er E H U O W Z U Q �W WTI Y 0 " IQ I o � J NI Lu Z a' I IMPORTANT: THIS IS NOT A SURVEY.IT I POINT IS FURNISHED AS A CONVENIENCE TO LOCATE OF BEGINNING THE LAND INDICATED HEREON WITH REFERENCE SOUTH LINE OF NE1/4 OF SW1/4 TO STREETS AND OTHER LAND.NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON. PROJECT#WATER DISTRIC BOUNDARIES WATER DISTRICT 111 LOCATED IN THE NW 1/4 AND THE BOUNDARY REVISION SW 1/4 OF SEC 21,TOWNSHIP 22 N, K E N T DRAWN BY: TLM RANGE 5 E,W.M. CITY OF K W0 F.K " EXHIBIT ENT SCALE: 1"=200' LAND SURVEY SECTION DATE: 7/13/2015 43 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 14, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Monica Whitman, Senior Transportation Planner Through: Chad Bieren, P.E., City Engineer Subject: Information Only/State Transportation Package Motion: Information Item/No Motion Required Summary: On Wednesday, July 15, 2015, Governor Inslee will be signing into law the State's first comprehensive statewide transportation package in more than a decade, representing a 16-year, $16.1 billion investment. South King County will significantly benefit from the long awaited completion of the Puget Sound Gateway Projects (SR 167 and SR 509). The package also includes $15 million to complete the S 228th St/Union Pacific Railroad grade separation and more than $4.5 million in direct funding to the City over a 16 year period. The Transportation Revenue bill also provides Sound Transit the authority, subject to voter approval, for up to $15 billion in property, sales, and motor vehicle excise tax increases which will likely be on the ballot in November 2016. Additionally, the package states that cities or counties with overlapping boundaries of a transportation benefit district (TED) may absorb and take on the powers of those districts. TBD's will now have authority to impose a vehicle fee of up to $40 if a $20 fee has been in effect for at least 24 months. After the $40 fee has been in place for two years additional councilmanic increases are authorized, but would be subject to referendum. Exhibit: None Budget Impact: The City will receive $15 million for the 228th/Union Pacific Railroad grade separation project. In addition, over the next sixteen years, the city will receive an estimated $4,796,211 in direct local revenue gas tax distributions, $149,885 a year for 2016 and 2017; $321,180 a year thereafter. The package also includes additional Transportation Benefit District Authority and competitive grant funding opportunities (Transportation Improvement Board, Safe Routes to Schools, Complete Streets, Freight Mobility Strategic Investment Board, and Non-motorized). 44 This page intentionally left blank. 45 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 14, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Sean Bauer, Water Superintendent Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Water System — Update For Information Only/No Motion Required Summary: Staff will present updated information for Committee Members on our water sources, water system projects, and key accomplishments. Exhibit: None Budget Impact: None 46 This page intentionally left blank. 47 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: July 15, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Howard Hanson Dam Update Information Only/No Motion Required Summary: The City of Kent and its water supply partners have been working with the Corps of Engineers to install a downstream fish passage facility at the Howard Hanson Dam as part of a previous agreement. The Corps has resubmitted a Biological Assessment to the federal fisheries services for this project and is awaiting a Biological Opinion. The Eagle Gorge Reservoir upstream of Howard Hanson Dam is storing a substantial amount of water for summer and fall municipal supply and flow augmentation in the Green River, but due to the dry spring and early summer, the volume stored appears to be insufficient to meet desired river flows through the fall. The Corps and other stakeholders are working to finalize a plan to manage the available reservoir water. Staff will provide a status of the Howard Hanson Dam fish passage Project and the current summer reservoir storage. Exhibit: None Budget Impact: None 48 This page intentionally left blank. 49 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: June 25, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: July 20, 2015 From: Joe Araucto, Pavement Management Engineer III Through: Dave Brock, P.E., Public Works Operations Manager Subject: Information Only/Channelization on 109th Avenue SE Information Only/No Motion Required Summary: Staff will present an update regarding the channelization on 109th Avenue SE between SE 256th St and SE 248th Street. Exhibit: None Budget Impact: None - Information Only