HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/1/2019 (2)
KENT CITY COUNCIL AGENDAS
Tuesday, October 1, 2019
7:00 PM
Crystal Mountain Hall at Kent
Commons
Mayor, Dana Ralph
Council President, Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Satwinder Kaur Councilmember Marli Larimer
Councilmember Les Thomas Councilmember Toni Troutner
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER / FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
1. Employee of the Month
2. Proclamation for the Lunar Rovers Celebrating the 50th Anniversary
3. Proclamation for Domestic Violence Awareness Month
4. Reappointments to the Lodging Tax Advisory Committee
B. Community Events
C. Economic and Community Development Report
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Mayor's Report
B. Chief Administrative Officer's Report
C. Councilmember's Reports
6. PUBLIC HEARING
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and
Mayor on issues that relate to the business of the city of Kent. Comments
that do not relate to the business of the city of Kent are not permitted.
City Council Meeting City Council Regular Meeting October 1, 2019
Additionally, the state of Washington prohibits people from using this Public
Comment period to support or oppose a ballot measurement or candidate for
office. If you wish to speak to the Mayor or Council, please sign up at the
City Clerk’s table adjacent to the podium. When called to speak, please state
your name and address for the record. You will have up to three minutes to
provide comment. Please address all comments to the Mayor or the Council
as a whole. The Mayor and Council may not be in a position to answer
questions during the meeting.
8. CONSENT CALENDAR
A. Approval of Minutes
1. City Council Meeting - City Council Special Meeting - Sep 17, 2019
5:00 PM
2. Council Workshop - Workshop Special Meeting - Sep 17, 2019 5:05 PM
3. City Council Meeting - City Council Regular Meeting - Sep 17, 2019
7:00 PM
B. Payment of Bills
C. Set October 15, 2019 as the Date for the Public Hearing on the
Comprehensive Plan/Capital Facilities Element Amendment to Incorporate
School District Capital Facilities Plan and Update to Kent City Code
Chapter 12.13, School Impact Fees
D. Set October 15, 2019 as the Date for the Second Public Hearing on the
2020 Mid-Biennium Budget Adjustment
E. Set October 15, 2019 as the Date for the Second Public Hearing on the
2020-2025 Capital Improvement Plan
F. Set October 15, 2019 as the Date for the Public Hearing on the 2019 Tax
Levy for the 2020 Budget
G. Set October 15, 2019 as the Date for the Public Hearing to Consider
Declaring Certain Public Utility Equipment and Materials Surplus
H. Puget Sound Energy Schedule 74 Underground Conversion Project
Construction Agreement – Fourth Avenue and Willis Roundabout –
Authorize
I. Consultant Services Agreement with KPG, P.S. for the Fourth and Willis
Roundabout Drainage and Landscape Design – Authorize
J. Quit Claim Deed and Temporary Construction Easement between the City
of Kent and the Central Puget Sound Regional Transit Authority –
Authorize
K. Easement for Puget Sound Energy - 640 Pressure Zone North Pump
Station No. 1 – Authorize
L. Commercial Electric Facilities Contract with Puget Sound Energy Power
Service Upgrade for 640 Pressure Zone Pump Station – Authorize
City Council Meeting City Council Regular Meeting October 1, 2019
M. Solid Waste Management Local Solid Waste Financial Assistance
Agreement with State of Washington Department of Ecology – Authorize
N. Resolution of Intent – Sales and Use Tax for Affordable Housing - Adopt
O. Ordinance Adopting 2018 Docketed Comprehensive Plan Amendments –
Adopt
P. Reappoint Bryan Powell, John Casey, David Kwok and Tim Higgins to the
Lodging Tax Advisory Committee – Confirm
9. OTHER BUSINESS
10. BIDS
A. Kent Correctional Facility Fencing Project Bid - Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
PROCLAMATION
Whereas,in June of 1969, the leaders of Boeing's Aerospace Group determined that they
had the drive and the talent to answer NASA's call for a vehicle capable of
traversing the surface of the moon and responded to NASA's formal request for
proposals; and
Whereas, on October 28, L969, after three months of evaluation and negotiations, Boeing
was selected as the prime contractor; and
Whereas,with delivery of the first vehicle required by April r, Lg7L, Boeing undertook
one of the most complex engineering challenges ever conceived, and on a time-
line that would be challenging today, completed the first vehicle that was
delivered on time and was on the moon July 26, tg7r, aboard the Falcon
Landing Module as part of Apollo 15; and
Whereas,the Lunar Roving Vehicles provided immeasurable value to the advancement of
scientific discovery through space exploration and are designed to produce
engineering innovations of immeasurable value here on earth in the fields of
mobility, transportation, and robotics; and
Whereas,
Whereas,
the city of Kent successfully lobbied to obtain Landmark Status for the Lunar
vehicles which remain on the moon, through King County Landmarks
Commission, and is currently working to achieve that designation at the state
and national levels; and
the city, along with Kent Downtown Partnership has launched a campaign to
memorialize this singular achievement through the revitalization of Kherson
Park, whose new centerpiece will be an interactive Lunar Rover replica; and
Whereas,it is still the only astronaut driven vehicle to traverse the moon's surface, and
it was designed, built and tested here in Kent, where it remains a point of pride
and inspiration for city Leadership, its residents, their children, business leaders
and their employees who seek discovery and innovation in governance,
education, and commerce.
Now, THEREFORE, T Dana Ralph, Mayor of the city of Kent, proclaim october as
Lunar Rover Month
In the city of Kent and ask all residents help to celebrate what was set in motion 50 years
ago this month, and Boeing's ambitious and daring achievement that inspires awe and
motivates us to action.
Signed this 1't day of October, 2019
I
KENT
WaSHtNGToN
Dana Ralph, Mayor
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PROCLAMATION
wHEREAS,October is National Domestic Violence Awareness Month that first
began in 1981 by the National Coalition Against Domestic Violence
as a Day of Unity to connect battered women's advocates across
the country; and
WHEREAS, domestic violence is a pattern of physical, emotional, verbal,
and/or sexual abuse, which includes, but is not limited to, threats,
intimidation, isolation, and/or financial control. Domestic violence
is an intentional pattern of behavior that is used by one person to
harm and take power and control over another person in the
context of a date, family, roommate or caretaker relationship; and
WHEREAS, domestic violence affects millions, both women and men, of
every racq religion, culture and status; and
wHEREAS,f-in-4 women and 7-in-9 men in the United Sfafes are victims of
domestic violence and a woman is killed by a spouse, ex-spouse
or dating partner every 74 hours in America; and
WHEREAS, f-in-15 children is expbsed to domestic violence each year, and
90o/o of these children are eyewifness to this violence; and
WHEREAS, the city of Kent remains committed to a professional response to
incidents of domestic violence in our region; and
NOW. THEREFORE, I, Dana Ralph, Mayor of the city of Kent, do hereby
proclaim the month of October 2079 as
DOMESTIC VIOLENCE AWARENESS MONTH
In the city of Kent, and call upon all communities' members to obsenre this
month and join together in ending domestic violence.
In witness whereof, I have hereunto set my hand and caused the seal of the
city of Kent to be affixed this lst day of October, 2019.
KENT
WASHINGToN
Dana Ralph,
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• Mayor Dana Ralph has appointed Anthony
Gipe as our next Municipal Court
judge. Mr. Gipe has served as a judge pro
tempore in the Kent Municipal Court this
year and in other courts since 2014. He’ll
take over for retiring Judge Glenn Phillips
on Jan. 1.
• We should be back in City Council
Chambers for our first committee of the
whole meeting on Oct. 8, even though the
renovation project won’t be fully complete.
• We now have an established space on the
third floor of the Centennial Center for our
Sound Transit Federal Way Link Extension
liaison program. Kelly Peterson’s new ST-
funded administrative assistant Elyse
Tomkins starts Oct. 1.
• Last week, Dana Neuts, Communications
Manager attended the Puget Sound Social
Media Summit hosted by King County and
city of Seattle. She is working with lobbyist
Briahna Murray to wrap up the legislative
planning meetings this week and with a
Vision Team subcommittee to prepare for
the Town Halls scheduled for October.
• Uriel Varela, Community Engagement
Coordinator, noted that the Cultural
Communities Board is sponsoring a Kent
City Council candidate forum on Oct. 16
from 6-8pm at Kent Commons. Everyone is
invited to attend. Uriel attended the third
session of the 2019 Pacific Northwest
Cohort. The focus of the training was on
principles of community centered result-
based accountability and root cause
analysis with a racial equity perspective.
The fourth training session is scheduled for
October 16 in SeaTac.
• Toni Azzola, Neighborhood Program
Coordinator, along with Mayor Ralph and
other city staff, wrapped up the Kent Walks
- including following up with departments on
outstanding issues. Last week, she helped
welcome the 48th neighborhood council to
the city. She is reviewing neighborhood
grant applications and helping with the
promotion of the Nov. 7 open house for the
4th and Willis roundabout.
• The Clerk’s Office responded to 274
requests for public records over the course
of the last three weeks.
• Continued to provide support to city staff
with respect to both records management
and records retention.
• The Clerk’s Office is currently recruiting for
a Records Administrator and has received
many applications thus far. The position will
close at the end of the day Monday,
September 30.
• The City Clerk will be the point of contact for
agenda management questions and
concerns for the newly-created Committee
of the Whole.
Long Range Planning
• LRP staff has contracted with ALTA Planning
& Design to serve as consultants for a
regional trails opportunity study. The
regional trails study is a collaborative multi-
jurisdictional project which will look at ways
to maximize the transportation utility of the
King County Interurban and Green River Trail
systems in the Kent Valley. The Interurban
and Green River trails run through the heart
of the Kent Industrial Valley and could be re-
ECONOMIC AND COMMUNITY
DEVELOPMENT
ADMINISTRATION
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envisioned to attract and serve the evolving
needs of its modern workforce.
• The Lodging Tax Advisory Committee (LTAC)
held its first meeting since May on
September 11. The meeting laid the
groundwork for review of the grant
application cycle which just closed on
September 30. With several appointee terms
having expired this summer, committee
members who wish to continue had their re-
appointments recommended to Council,
along with discussion on possible
appointments to fill the vacant seat. LTAC
will meet twice in October to finalize a new
member recommendation and evaluate
grant applications received.
• Economic Development and Parks convened
a large meeting of STEM and Aerospace
boosters to brainstorm ideas and gather a
network of participants for the STEM Fair
which will be taking place during the
unveiling of the Lunar Rover Replica,
scheduled for November 12. The evening
event will not only showcase the new park
installation and the capital campaign to fund
it, but it will bring in families for an evening
of fun designed to educate and inspire kids
about careers in science and engineering.
• ED and Parks are also working with the
Seattle Thunderbirds on Lunar Rover Night at
the T-birds, set for October 18, where the T-
Birds will be playing the Brandon Wheat
Kings, from Manitoba Province. Lunar Rover
and space themed inter-period hijinks are
planned.
Building Services/Permit Center
• Bruce Matlack has wrapped up his career
with the city of Kent and put a bow on it by
retiring. Bruce came aboard as a Plans
Examiner in October of 1999 and is the last
of the “old gang” of plans reviewers. Bruce’s
extensive knowledge of all the building
codes, and expertise with the energy code,
have made him a fantastic mentor for the
newer plan reviewers. With his retirement
the longest incumbency for a plans examiner
is 18 months.
• Michelle Blubaugh, has accepted the offer to
become the city’s newest Permit Technician.
Michelle just joined the city in May as the
Permit Center’s Office Tech III but
distinguished herself quickly with her
aptitude for learning and customer focused
approach to her work. Recruitment for her
vacant position will begin shortly.
• The Amanda permitting system pilot project
has started with two of our simpler
application types. The second phase will add
a few other applications, with a goal of
gradually building out until all applications
will be processed through the new software
by early 2021.
• Three additional Bluebeam stations will be
installed in the Permit Center this month to
better serve applicants.
• September Statistics:
Inspections completed - 2099 with 1489
passed, 229 failed and 71 rescheduled
Applications received – 430
Plan Review Completed – 758
Permits Issued - 421
• The State Auditor’s Office (SAO) published
their audit reports for the city of Kent’s 2018
Financial, Federal Single (Grant) and
Accountability Audits. For all three audits,
the city received a “clean” audit as there are
no audit findings or management letter
items. SAO has scheduled a formal audit
exit conference meeting to discuss the
scope and results of the city’s audits. This
meeting is scheduled for October 3 at 3pm.
These reports along with reports from prior
years can also be obtained at the SAO
website at www.sao.wa.gov then select
Reports & Data - Audit Reports.
• On August 19, Internal Audit issued its
report covering centralized disbursement
operations for the period January 1, 2018
through December 31, 2018. This audit
emphasized bank account operations,
including outgoing wire transfers and other
electronic charges. There were eight
separate audit objectives which
incorporated a multitude of related internal
control and compliance testing
attributes. There were two audit
FINANCE
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findings. Internal Audit reports and
presentations are posted to CitySpace under
Finance/Internal Audit.
Administration
• Michael Mage, Government Performance
Coordinator, is currently attending a
weekly class through UW Tacoma to
achieve his “Black Belt” in Lean.
• Tracey Padilla and Jan Hiatt are teaching a
six-week class titled, “Effective Supervisory
Practices” at Public Works on Wednesdays
to conclude October 30.
• Beginning 9/25 (Wed), Human Resources
will be open through the lunch hour (Mon-
Fri, 8 a.m. – 5 p.m.) to better serve our
customers.
Benefits
• Benefits Renewals.
• Flu Shots – October 1 at Public Works
Operations and October 17 at City Hall.
• Family Medical Leave Act (FMLA) and
Americans with Disabilities Act (ADA)
cases.
• Open Enrollment preparations.
• HCMA project.
• Contract reviews.
• Paid Family Medical Leave Impact research.
Labor
• Gina Esposito recently attended an ongoing
training with the team for Government
Alliance on Racial Equity, as well as
attended a two-day conference by
Washington Public Employee Labor
Relations.
• Negotiations with AFSCME.
• Working on new policies for the HCMA
project.
• Class and Comp HCMA track meetings.
Recruitment
• Computer assessments for the Accounting
Services Asst. III in Parks.
• Updated eligibility lists for entry level Police
Officer and Corrections Officer.
• New hires for October 1 include: Alex
Klinger (Video Program Coordinator), Mark
Howlett (Engineer IV TLT), Jonathan Kesler
(Planner), Sam Alcorn (Planner TLT), and
Elyse Tompkins (Administrative Asst. II in
Admin for FWLE- TLT).
A/P Process and Workflow Automation
Deliver the A/P workflow replacement and
implementation from the current imaging
system which consists of Captovation/eCapture
for scanning and imaging, and Oracle IPM for
image storage and retrieval to Transform AP.
DEV – Business License Complete System
Create a web application that provides a
complete business system for the entire
business license lifecycle.
Information Technology operational
support for September 10, 2019 to
September 24, 2019
Number of tickets opened – 249
Number of tickets closed – 237
• Prepared amendments to the Council rules
and procedures creating the Council of the
Whole, and prepared an amendment to the
Kent City Code to eliminate the council
workshop as a council meeting.
• Conferred with outside counsel on several
issues relating to the opioid litigation and
briefed Council.
• Interviewed several candidates for the vacant
Civil Attorney position. Follow-up interviews
are scheduled for the week of September 23.
• Filed criminal charges against the owners of
two problem properties for failing to comply
with the Kent City Code to maintain their
property free of junk and debris, to include
junk/abandoned vehicles, trailers, loose
garbage, and broken and disassembled
appliances and furniture. One property is
located directly above the Soos Creek Trail,
and despite code enforcement and NRT’s
efforts to work with the property owner, he
has continued to allow transients to camp on
the property and accumulate a large amount
of garbage. The second property is located on
HUMAN RESOURCES
LAW
Information Technology
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the West Hill near the Star Lake Park and
Ride. In addition to a burned-out dwelling,
there are also numerous junk vehicles and
loose garbage scattered about the property.
Again, despite numerous efforts by code
enforcement, NRT and the Law Department,
the owner has failed to bring his property into
compliance.
• Drafted an ordinance amending Ch. 9.04 KCC
and Ch. 5.01 KCC to adopt the regulations for
licensed massage practitioners set out in WAC
246-830 and to clarify that a violation of Ch.
9.04 prohibits an individual from obtaining a
subsequent business license in Kent. This
amendment follows the investigation,
prosecution and closure of 18 illicit massage
businesses and learning, during that process,
how a few adjustments to code language
could save time and resources during
subsequent investigations. Once finalized, the
goal is to present the ordinance before council
by the end of the year.
• Spent a considerable amount of time
prosecuting a problem property on the West
Hill. The owner was previously convicted of
maintaining a public nuisance and is currently
in review status. The property is also in
foreclosure status and the owner has
continuously failed to comply with the
conditions of his criminal sentence. Most
recently, staff drafted a motion and argued for
revocation of all remaining jail time for the
defendant’s willful non-compliance. The
defendant was sentenced to 10 days jail and
the case remains open with another review
hearing in October. The foreclosure of the
property has also been continued to October.
• Continued to work with PD-NRT and Fire
Prevention concerning the abandoned gas
station at 711 Central Ave N. Staff has been
in direct communication with the property
owner regarding the need to remove
trespassers, junk vehicles and loose garbage
from the property, and installing a fence to
keep trespassers and junk vehicles from
returning. Following a code enforcement
hearing in March of 2019, the owner was
ordered to obtain permits to remove four
underground storage tanks and remediate
the site for future development. The owner
has failed to timely comply with the hearing
examiner’s order and additional monetary
penalties have been assessed and criminal
charges are pending.
• Continued to help negotiate final settlements
for property acquisitions related to the S
228th Street Overpass Project and the S 224th
Street Project.
• 108 criminal cases were set for trial this
month - 11 were confirmed for trial at the
end of the 1st day of jury week. Of those 11
cases, 2 went to trial with guilty verdicts
obtained, 4 cases resulted in pleas of guilty,
4 cases were continued to October due to last
minute witness unavailability, and 1 case
was dismissed because the victim refused to
appear and testify.
• In the last two weeks, 47 in-custody criminal
cases and 23 out-of-custody criminal cases
were filed.
• Responded to four motions to suppress
evidence.
• Continued to assist the Clerk’s office with
public records requests, and Public Works,
ECD, IT and Parks with a number of high
priority development projects, including
property rights and access issues involving
Naden Avenue.
• Assisted the HR Department in a few
sensitive employment and labor related
matters.
Recreation and Cultural Services
• Adaptive Recreation After School Energy and
Early Release Wednesday programs kicked
off at 10 different elementary schools in the
Kent and Federal Way school districts. With
a goal of creating a space where active
learning and healthy living is paramount,
staff focus on insuring that kids learn new
ways to exercise while creating friendships
through team-based activities.
• The Junior All-star after school program is
underway at Millennium, Springbrook and
Soos Creek Elementary, as well as Early
Release Wednesday at George T. Daniel and
Emerald Park Elementary. Both early release
sites have wait lists. The program focus is
on homework help, arts and crafts projects,
and active group led exercise and sports.
PARKS, RECREATION, AND
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• 74 teens attended Mill Creek Late Night on
September 13. This program provides 6th
through 8th graders a safe place to go where
they can engage with their peers in a variety
of activities including sports, arts and crafts,
board games, listening to music and hanging
with friends. The Meridian Middle School
based After School Cooking and Sports
program is also off to a great start with 20
new students.
• The Kent Parks & Recreation Teen Center at
the Phoenix Academy opened for the new
school year. The gym is full of teens playing
indoor soccer and the freshly waxed floors in
the main gym are bringing out the hooper’s.
There are many other exciting and
meaningful activities and programs that have
teens, parents and care providers lined up at
6am at the Kent Commons to get a number
for the 8am start to fall registration. With
the long line of registrants and the phones
constantly ringing, the front office staff
handled the busy morning with their quick
skills and friendly smiles. Classes filled, and
waitlists formed for some classes within the
first 2 hours.
• Centennial Center Gallery will display the
artwork of Fiona Lau and BethAnn Lawson
from September 9 through October 28.
Gallery hours are 8 a.m. to 5 p.m., Monday
through Friday.
• A new Kent Creates exhibit, “Look Up,” is
accepting submissions through September
30. The top five submissions will receive
featured status and a $200 honorarium each.
• The 2019-2020 Spotlight Series will open on
Friday, September 27 with a performance by
Irish band JigJam. Ticket sales are steady
with 165 currently sold. The performance
takes place at 7:30 p.m. at Kent-Meridian
Performing Arts Center.
• Staff attended Americans for the Art’s
Executive Leadership Forum in Utah from
September 18-21. Eleven Local Arts Agency
Leaders from around the country were
selected to participate in the event, which
included discussions of arts and culture
issues, challenges, and successes at local,
regional, and national levels.
• The Lifeguard Beach Program at Lake
Meridian Park concluded Labor Day weekend.
Operating 7 days a week, June-September,
the program routinely provides first aid,
lifesaving rescues, and a wide variety of
customer assistance related services. Parks
Department lifeguards provide free loaner
life vests as an added measure of safety and
security for patrons throughout the summer,
this year setting a new record of 2,939 life
vests issued. This exceptionally busy park
and beach is one of the city’s most popular
destinations connecting residents to
beautiful natural areas. The beach averaged
1,088 patrons daily, with a total season
attendance of 79,477 visitors. Fun fact: the
average temperature during the season was
71.93 degrees and the lifeguards worked a
total of 4,831 hours.
• Kent Parks Fall Adult Volleyball Leagues are
underway with over 500 adult volleyball
enthusiasts on 42 teams. The program runs
2 days a week, September-November at the
Kent Commons Community Center. This
program and others like it have a significant
economic impact on downtown as
participants shop and dine before and after
their scheduled activities.
Significant crime
activities/arrests/investigations
• On September 10, a male was arrested for
Possession of Stolen Vehicle and there was a
firearm located in the vehicle. He is a
convicted felon for Unlawful Possession of a
Firearm 2 and Threats to Kill. Officers located
the occupied stolen Honda stopped in heavy
rush hour traffic and used this traffic to their
advantage, blocking the stolen vehicle in
before it had a chance to flee.
• On September 11, a male who is a chronic
issue in the downtown area was arrested for
Assault. The Prosecutor's Office was notified,
and several entities worked together to find
a solution for him and his chronic impact on
citizens and resources in the city.
• On September 22 a misdemeanor theft crime
developed into an organized retail theft.
Transients living/trespassing in the woods
near 240th Street and 30th Avenue having been
hitting Lowe's for thousands of dollars a week.
The stolen goods are put on offer up or traded
POLICE
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for drugs. 10 brand new stolen weed eaters
were recovered and returned.
Major emphasis patrol
• On September 12, SIU conducted a Demand
Op (John sting) at the Ramada. Seven men
were arrested for Patronizing a Prostitute and
six vehicles were impounded.
• On September 13, a racer emphasis was held,
with the cooperation of WSP patrol units and
the “Smokey” aircraft as a spotter. A total of
54 contacts, 46 arrest/citations for Unlawful
Race Attendance, 6 other traffic violations
cited, and 4 vehicles impounded.
• On September 24, a Railroad emphasis was
held – more data to come.
Land Survey & GIS
• Survey field staff are finishing the
topography of the Meet Me on Meeker
Project. Survey field staff continue
construction staking needed for the 224th
Phase II and 228th Grade Separation
projects. The GIS/Survey technician is
updating water meter, water valve and
backflow assembly locations in the field and
related databases. Land Survey office staff
have written legal descriptions for utility
easements on the 76th Ave culvert project
and have been engaging with software
upgrades on work stations to improve
efficiencies.
• GIS staff continue with transferring data to
layer files for easy accessibility on various
web applications, as well as entering
infrastructure as-built data. The GIS intern
for PW signs department has collected 8,954
signs city wide so far, this year. Senior GIS
Analyst is working to complete 2020 Census
addressing for the October deadline and
providing data for public records requests as
needed. The GIS Supervisor has met with
Puget Sound Regional Fire Authority
regarding addressing work flows and their IT
Supervisor regarding GIS road centerline
data sharing processes/updates.
Construction
• LID 363… S 224th St Improvements – 88th
Ave S / S 218th St Improvements – S 222nd
St to 94th Pl S (Ph 2): Cast-in-place (CIP)
concrete retaining wall construction on 218th
St at the new culvert crossing is ongoing.
Culvert footings are complete, the stream
bypass has been removed, and the
streambed is restored. Installation of the
precast culvert will take place on Thursday
and Friday this week. Traffic on both 88th
Ave SE and S 218th St will be impacted by
the delivery of the culvert sections on
Thursday and Friday. Excavation and
embankment for the storm water storage
pond at 218th & 88th is ongoing and will
continue into October. S 218th St from 93rd
to 94th Pl closed in July and is expected to
reopen this fall.
• 228th St. Union Pacific Railroad Grade
Separation Ground Improvements and
Embankments (Ph 4 of 5): wall construction
is now underway on the east side of the
project. The Interurban trail is temporarily
open for use and will remain open for the
next 2-3 months. There is no access to
either direction of S 228th St. from the trail
outside of the fenced pathway as this is an
active construction site.
• 228th St. Union Pacific Railroad Grade
Separation Bridge and Roadway (Ph 5 of 5):
Precast concrete storm water detention
vaults are scheduled for delivery and
installation in early October. A limited notice
to proceed has been issued for work that will
not interfere with Phase 4 contract
activities.
• James Street Pavement Rehabilitation
(Central Ave. N, to Clark Ave. N.): Contract
close-out and punch list work items
proceeded on Monday, September 16. This
work has been impacted by the wet
weather. Weather permitting, the work will
conclude on Thursday and Friday this
week. Completion of this work will require
daily lane closures between the hours of
9:00 am and 2:30 pm with possible
overnight closure of the westbound curb
lane to allow for concrete cure time.
• East Valley Highway Pavement Preservation
– S 180th St to S 190th St: Punch list work is
PUBLIC WORKS
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being scheduled to proceed beginning on
Monday, Sept. 30.
• Upper Mill Creek Dam Improvements and
Diversion Structure Replacement: The 104th
Ave S closure will remain in place for the
next 4-5 weeks. Placement of the cast in
place concrete dam face at the location of
the new slide gate is complete. The parapet
wall will be formed and poured this week
followed by the slide gate
installation. Placement of the precast
concrete culvert across 104th Ave is
ongoing. Installation and backfill should be
completed by the end of the week.
• 2019 Asphalt Overlays: Traffic signal
detection loop installation on S 208th St is
taking place at night this week as weather
permits.
• Russell Road S / S 196th Street Asphalt
Overlay: Casting adjustments, curb painting
and plastic markings are complete.
Installation of final pavement markings will
take place this week as weather permits.
Transportation
• Transportation Planning
o Staff is working with the members of the
Transportation Master Plan’s
Transportation Advisory Board to
schedule the first board meeting. This
board will provide stakeholder input to
the TMP during the development of the
plan.
• Traffic Engineering
o Staff continue to work on the Local Road
Safety Plan.
o Residential Traffic Calming Program –
Staff mailed ballots to residents this
week for Hazel Ave Speed Cushions and
98th Ave Speed Cushions. Residents will
vote on whether traffic calming
measures are installed on their streets.
• Signals, Illumination, and ITS
o Removed faulty Uninterruptable Power
Supply (UPS) unit from the intersection
at Kent-Kangley Rd & SE 256th St “Y”.
Possible lightning damage to the unit.
o Removed all graffiti along Hwy 99 on
street light poles and signal equipment
between Kent-Des Moines Rd and SE
272nd St.
o Replaced an additional radar speed sign,
this brings the total to four units needing
repairs. Began conversation with Traffic
Logix technical support to facilitate
repairs and get the signs back up and
running. We are currently operating the
four locations with the units purchased
last year.
o Received quotes for purchasing
replacement controller cabinets for the
six (6) traffic signals along 108th Ave SE
between SE 192nd St and SE 222nd Pl.
These newer style controller cabinets will
replace the older ones we received
during the Panther Lake Annexation.
o Revised the traffic signal timing on the
East Hill that will improve off-peak traffic
operations along Kent-Kangley.
o Received notice from Kent Station
management that a number of tree pit
outlets have been vandalized and
damaged. This has been an ongoing
issue and consideration is now being
given to installing bollards at seven
locations along the walking route
between the parking garage and Ramsay
Way to the AMC theater. We will begin
by using the two spare bollards we have
in stock and placing an order for the
remainder.
Design
• 212th East Valley Highway to 72nd: Working
with railroads to secure necessary permits
and contract conditions to accommodate by
design and/or include in the project
provisions. 90% review comments due Sept
30.
• 4th and Willis Roundabout and Joint Utility
Relocation projects: Submitted signal plans
and channelization plans to WSDOT for
review. WSDOT not in favor of concept for
signals. Team reworking plan and
coordinating with stakeholders (emergency
services) for alternatives. Complete Streets
memo review with Planning complete – no
exemption is requested at this time, until
budgeting is discussed. Distributed memo to
department directors. Met with
Communications in preparation for Public
Open House on Nov 7. WSDOT processing
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documents to revise Limited Access to
Manage Access.
• West Hill Reservoir: Presentation to public
and council on Sept 3 regarding the
transition of the property – several
comments received not in favor of location.
Team prepared responses are in review.
Design consultant negotiations contract are
underway.
• Meet Me on Meeker Projects: Three projects
along Meeker are in design phase –
Complete Street with mid-block crossing
(TIB funded), frontage improvements at
driving range, and frontage improvements
from Russell to GRE development (PSRC
funds). Project kick-off meeting(s) held.
Looking at ways to deliver project early to
meet busy season at the Riverbend Driving
Range.
Streets
• Street Maintenance crews are paving
asphalt roadways on 105th Pl SE, an asphalt
pad at the East Hill shop, sealing asphalt
inlays and filling potholes with EZ-Street at
various locations throughout the city. They
are also preparing for winter by equipping
trucks with sanders and plows. The Concrete
crew will be preparing and pouring concrete
for an ADA ramp, curb, gutter, strip forms
and sidewalks on S Meeker St with the
assistance of the Street crew.
• The Street Signs and Markings team are
maintaining signs on the East and West Hill,
setting out traffic control for Hawktoberfest
and picking up traffic control from the
Saturday market, while the Retro
Reflectivity crew are locating and installing
bases and signs on SE 266th St and 114th
Ave SE. The Solid Waste crews will be
removing debris and illegal signs on Hwy 99,
80th Pl S, S 190th St and at Mill Creek as well
as moving a guardrail at the East Hill Shop.
• Vegetation crews will be performing
maintenance at Kent water sites and
drainage areas city wide. Street Vegetation
is working on maintenance on S 212th St
down to S 256th St and in the Lake Meridian
area on SE 256th St. Our sidearm mowers
will be working on S 212th St and adjacent
roadways in the Panther Lake area, on Kent
Des Moines Rd and adjacent roadways in the
West Hill area and on 132nd Ave SE and
adjacent roadways in the East Hill area.
• Wetland Maintenance crews will be
performing maintenance at various wetland
and drainage locations and Wetland
Mitigation crews are doing some weeding at
Alvin’s Pond, staging plants at the Green
River Natural Resource Area nursery and
doing some planting in Oregon Ash Forest.
Additionally, crews are moving the irrigation
system at the Leber site. Weather
depending, the spray truck will be out on
152nd Ave SE and adjacent roadways in the
East Hill area and on SE 196th St and
adjacent roadways in the Panther Lake area.
Water
• Staff are working with a mechanical
contractor on the replacement of 2 pump
motors at our Pump Station No. 4 on the
West Hill. We are participating with Tacoma
Water, Covington Water District and
Lakehaven Utility District on the effects of
manganese in the distribution system. Prior
to filtration at the Tacoma Headworks,
manganese collected on pipe walls and
caused discolored water events in the
distribution system during high water flow
events. Staff began installing automatic
chlorine cylinder shut-off valves at water
treatment sites that will close the cylinder
valve if the leak detection system senses a
leak.
Storm
• Storm crews will be installing berms on 94th
Pl S and on Reiten Rd, a catch basin and pipe
on SE 208th St, digging a ditch on
Kensington Ave S and on 105th Pl SE,
repairing a large sink hole on Frager Rd S,
performing a manhole frame and lid change
out on 108th Ave SE and will pot hole to find
underground utilities on E Chicago St. Crews
will also be taking inventory of the outfall
near 144th Ave SE, cleaning storm lines on
W Meeker St and will be cleaning lines in
advance of the TV Truck on 104th Ave SE and
on W Valley Hwy removing debris from the
pipe so that clear video can be taken of the
structure’s interior. Additionally, crews will
be pumping sediment from sumps in storm
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structures at 116th Ave SE and 114th Ave SE
and then assessing at E Walnut St and E
Maple St for structural and water quality
integrity per the National Pollutant
Discharge Elimination System (NPDES)
federal guidelines.
Sewer
• Sewer crews are cleaning the Frager sewer
basin on Veterans Dr N, pulling a pump at
the Frager station to send in for balancing
and taking inventory of easements on East
Hill and West Hill. They are also TV
inspecting the storm and sewer systems on
SE Kent Kangley Rd, 132nd Ave SE, SE 256th
St, and 100th Pl SE by camera.
Fleet/Warehouse
• Fleet has 5 vehicles at body shops for
repairs and a Vactor waiting for the power
take-off (PTO) to be rebuilt. They are also
preparing snow equipment for the winter
and repairing seasonal equipment such as
mowers, pavers, backhoes, vactors, trailers
and dump trucks; along with normal
equipment repairs. The Radio Shop will be
installing a light bar on the Bear Cat, an
armored SWAT vehicle.
• Warehouse staff continue with CDL training,
fulfilling work orders, maintaining supply
levels and repairing small equipment.
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Pending Approval
Kent City Council
City Council Special Meeting
Minutes
September 17, 2019
Date: September 17, 2019
Time: 5:01 p.m.
Place: Crystal Mountain Hall at Kent
Commons
SPECIAL CITY COUNCIL MEETING AGENDA - 5 P.M.
1. ROLL CALL
Attendee Name Title Status Arrived
Toni Troutner Councilmember Present
Marli Larimer Councilmember Present
Bill Boyce Council President Present
Dana Ralph Mayor Present
Satwinder Kaur Councilmember Present
Dennis Higgins Councilmember Present
Les Thomas Councilmember Present
Brenda Fincher Councilmember Present
2. OTHER BUSINESS
Mayor Dana Ralph discussed a resolution before Council that would allow for
the Crystal Mountain Hall at Kent Commons to be the temporary location for
Council meetings while the Council Chambers are being renovated.
A. Resolution Designating the Crystal Mountain Hall at Kent
Commons as Temporary Location for Meetings of the City
Council During the Temporary Unavailability of the Council
Chambers in City Hall - Adopt
MOTION: Adopt Resolution No. 1992, designating the Crystal
Mountain Hall in the Kent Commons located at 525 Fourth
Avenue North, Kent, WA 98032, as the temporary meeting
location for regular meetings of the City Council until the
Council Chambers located in City Hall becomes available for
meetings.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Larimer, Boyce, Ralph, Kaur, Higgins, Thomas, Fincher
3. ADJOURNMENT
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Kent City Council City Council Special Meeting
Minutes
September 17, 2019
Kent, Washington
Page 2 of 2
Meeting ended at 5:03 p.m.
Kimberley A. Komoto
City Clerk
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Pending Approval
City Council Workshop
Workshop Special Meeting
Minutes
September 17, 2019
Date: September 17, 2019
Time: 5:05 p.m.
Place: Crystal Mountain Hall at Kent
Commons
I. PRESENTATIONS
1. 2020-2024 Human Services Master Plan and 2020-2024 CDBG
Consolidated Plan Process Update
Human Services Manager, Merina Hanson briefly discussed the 2020-2024
CDBG Consolidated Plan and noted that this item will be presented in greater
detail in mid-October.
Hanson discussed at length the importance of community engagement and
outreach in regards to the Human Services Master Plan. High level issues and
common themes throughout the region were identified by analyzing the data
themselves. Those high level themes include: Equity, Resilience and
Community Well-Being and Opportunity.
A draft of the first Human Services mission statement and guiding principals
were developed as a result of the outreach in order to help drive the
departments planning and future work.
"Create a healthy, thriving, and inclusive community for all Kent residents by
ensuring access to opportunity and high quality services."
- Maintain a safety net of service for Kent's most vulnerable residents, while
remaining flexible enough to respond to emerging needs.
- Focus on data driven, upstream investments that target root causes and
reduce the demand for costlier interventions later.
- Honor and respect the rich diversity within the City of Kent and strive to
ensure our services are accessible and culturally relevant.
- Recognize, respect, and build on the strengths of individuals, families, and
our community.
- Strive to move people along the continuum to stability, promoting maximum
independence.
- Value and promote collaboration and coordination at every level, including
amongst City divisions, local governments, non-profit agencies, private
funders, and our residents.
Hanson noted that when values were discussed there was a shift in their
focus. Person-centered over service-centered, strength based over deficit-
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City Council Workshop Workshop Special
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Minutes
September 17, 2019
Kent, Washington
Page 2 of 4
based, innovation over tradition, integrated over fragmented, prevention
over crisis and sustainability over deficit.
Hanson stated that the feedback on priorities surprised them. Some of that
feedback that they found surprising was a lack of focus on youth age 16-24,
and on the other end of the spectrum was a clear need to add a priority
related to aging.
Draft Priorities and Goals:
A Good Start - focused on children and youth and being ready and successful
in school
Aging Well - helping older adults thrive in the community as they age
Individual and Community Well-Being - 4 goals under this one priority; 1.
Community members feel safe, welcomed and included in social, civic and
economic life; 2. Individuals and families have the opportunity to consistently
meet their basic needs; 3. Residents have opportunities to improve their
economic condition, build assets, and improve their long-term security; 4.
Residents can access resources to achieve quality physical, and mental well-
being.
Homelessness - provide access to homelessness prevention and housing
assistance services and create an engaged and informed community
regarding homelessness solutions.
Mayor Ralph commended the engagement of the Human Services team as
well as acknowledged the huge ask for them to serve the region as well as
our backyards.
Hanson discussed Human Services funding in the City versus other
municipalities in the region and how it is a struggle with the growing
population. She spoke about investing more in the community in regards to
prevention and intervention services, as well as a method for leveraging our
position as a stronger regional partner to help drive policy.
Councilmember Higgins inquired about public input during Human Services
Commission meetings. Higgins would like to see if there is a way to reach
back out to those that were a part of the outreach and provide updates.
Councilmember Thomas suggested adding the word "safe" to the Human
Services Mission Statement.
2. Levee Update
Mike Mactutis provided a detailed presentation regarding the Green River and
more specifically the levee repairs.
Mactutis spoke about 1920's flooding and how there has been some local
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City Council Workshop Workshop Special
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Minutes
September 17, 2019
Kent, Washington
Page 3 of 4
flooding in recent years, but nothing major since 1961 because of the
continued protections being made.
Mactutis noted the importance of protecting the Green River Valley from both
an economic and environmental standpoint. It is a center for development in
that 1/8 of the state's gross domestic product is represented here. The Green
River Valley is the second largest warehouse district on the west coast, and
the fourth largest in the country.
Mactutis then discussed the importance of preserving the salmon
populations. All species of salmon are present here, including Endangered
Species Act listed Chinook salmon, steelhead and bull trout.
The various levee projects along the Green River were discussed, including
where they are at in the repair process.
- Briscoe Desimone Levee Flood Wall: Completed in 2016
- Upper Russell Levee: Completed in 2017
- Boeing Levee Flood Wall: Completed in 2013
- Riverbend Golf Course Levee: Completed in 2008
- Hawley Road Levee: Completed in 2017
- Foster Park Setback Levee: Completed in 2010; need to improve 100-year
levee to 500-year flood protection
- Horseshoe Bend Setback Levee and Flood Wall: Completed in 2017; need to
improve 100-year levee to 500-year flood protection
- Lower Russell Levee: Construction started in 2019 and will likely be the
biggest project of them all
- Signature Pointe Levee: ILA, design and real estate stages and will be the
longest distance levee project
- Milwaukee 2 Levee: ILA, real estate and Union Pacific Railroad coordination
stages
- Frager Road and Kent Airport Levee: Improve left bank levees to 500-year
flood protection
- SR 516 to S. 231st Way and Hawley Rad Levee: Improve to 500-year flood
protection
Council President Boyce inquired about the 500-year standard and how it is
calculated. Mactutis discussed the precipitation predictions and statistical
analysis to calculate the 500-year events. The U.S. Army Corps of Engineers
provides updates annually before the winter hits. A scan of the ocean is done
to see how much precipitation is coming. These are called atmospheric rivers,
but more commonly known as "pineapple express".
Mactutis discussed how environmental permitting is always a challenge by
the water, and more so right along the river. These permits need approval by
8.A.2
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City Council Workshop Workshop Special
Meeting
Minutes
September 17, 2019
Kent, Washington
Page 4 of 4
Muckleshoot Tribe, Washington Department of Fish and Wildlife, US Army
Corps of Engineers as well as the Washington State Department of Ecology.
Habitat Restoration projects are underway:
- Teufel Nursery
- Downey Farmstead Side Channel
- Riverview Park Side Channel
- Leber Homestead Backchannel
Councilmemeber Higgins pointed out how far the City has come just over the
past 10 years and commended the team on playing a vital role in advocating
for businesses, residences and commerce as well as the huge amount of
economic activity done in the valley.
Troutner recognized the expertise that the team has and how well we are
represented in the region as a whole.
Councilmember Fincher expressed her appreciation for the work that is done
by this team and for the incredible updated photos.
Councilmember Boyce adjourned the meeting.
Meeting ended at 6:32 p.m.
Kimberley A. Komoto
City Clerk
8.A.2
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Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
September 17, 2019
Date: September 17, 2019
Time: 7:00 p.m.
Place: Crystal Mountain Hall at Kent
Commons
1. CALL TO ORDER / FLAG SALUTE
2. ROLL CALL
Attendee Name Title Status Arrived
Toni Troutner Councilmember Present
Marli Larimer Councilmember Present
Bill Boyce Council President Present
Dana Ralph Mayor Present
Satwinder Kaur Councilmember Present
Dennis Higgins Councilmember Present
Les Thomas Councilmember Present
Brenda Fincher Councilmember Present
3. AGENDA APPROVAL
Chief Administrative Officer, Derek Matheson removed item 8.D - Excused
Absence for Councilmember Larimer and added item 11.B an executive
session to discuss pending litigation, RCW 42.30.140(1)(I).
A. Approve the agenda as amended
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
4. PUBLIC COMMUNICATIONS
A. Public Recognition
None.
B. Proclamation for Welcoming Week
Mayor Ralph presented the Proclamation for Welcoming Week to the new
Project Feast Executive Director, Van Nguyen. Nguyen expressed her
appreciation of the proclamation and thanked the Council for their support.
C. Proclamation for Diaper Need Awareness Week
8.A.3
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Kent City Council City Council Regular Meeting
Minutes
September 17, 2019
Kent, Washington
Page 2 of 8
Mayor Ralph presented the Proclamation for Diaper Need Awareness Week to
Cecilia Martinez Vasquez. Vasquez expressed her appreciation of the
proclamation and thanked the Council for their continued support.
D. Recognition of Wildberry Neighborhood Council
Toni Azzola, Neighborhood Programs Coordinator, provided details regarding
the City's neighborhood program. Mayor Ralph and Azzola recognized the
Wildberry Neighborhood Council as the City's 48th Neighborhood Council.
Visit KentNeighborhoodProgram.com for details regarding the program.
E. Appointment to Bicycle Advisory Board
Mayor Ralph recognized Joe Cimaomo as her recommendation to be
appointed to the Kent Bicycle Advisory Board. Cimaomo expressed his
appreciation for being appointed to the board and discussed his use of the
downtown Kent bicycle trails and the opportunities that he sees on a regular
basis.
F. Community Events
Council President Boyce provided details on recent and upcoming events at
the accesso ShoWare Center.
Councilmember Higgins discussed the Team Up to Clean Up event during the
upcoming weekend at Kearson Park and the Golden Steer Restaurant.
Councilmember Fincher advised of the reopening of Morrill Meadows Park on
Thursday September 19th at 4 p.m. Fincher also noted the upcoming Parks
Spotlight Series Events.
Mayor Ralph noted that on Friday September 20th at 11:30 a.m. there will
be a Thunderbirds flag raising at City Hall to show continued support for the
local hockey team.
G. Public Safety Report
Chief provided a brief background of the officer being sworn in and Mayor
Ralph performed the swearing in of Officer Jaclyn Adams.
Chief Padilla bestowed an award for Citizen's Commendation to Pastor
Lawrence C. Boles III of Redeemed by the Blood Pentecostal Church. Pastor
Boles has dedicated his life to community service particularly in regards to
youth and gangs. Over the past few years Pastor Boles has served on the
Diversity Task Force and has been a source for Chief Padilla for even longer.
Pastor Boles and Chief Padilla have aimed focus in the area of 108th Avenue
Southeast and Southeast 240th Street. Pastor Boles focused on community
walks and outreach to the residents in the area, helping to gather real
8.A.3
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Kent City Council City Council Regular Meeting
Minutes
September 17, 2019
Kent, Washington
Page 3 of 8
information. The common themes and concerns for this area were a lack of
youth activity and resounding conversation regarding the presence of gangs.
The culmination of these conversations was the Celebration Community BBQ
in the Mosaic Hills Apartment Complex on August 31st with over 200 people
in attendance. There were vendors with access to jobs, YMCA, school
supplies, parks program information and a mobile barber shop for children
returning to school.
Pastor Boles expressed his appreciation to Council and Chief Padilla. He
discussed events already in the works for 2020 because of the huge response
to the Celebration Community BBQ. His goal is to have an impact at the City
of Kent and that it is a lifetime of work.
Mayor Ralph expressed her appreciation to Pastor Boles and all that he has
done and will do for the community.
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Mayor's Report
Mayor Ralph discussed her recent meeting for the Regional Planning
Committee for I-405 and SR-167. She discussed how during the legislative
session last year, both Kent and Auburn were advocating for a master plan
for the 167 corridor. Funds are being spent on the 405 corridor, but without
a master plan for 167 then the funding and projects would be focused mainly
to the north. There was a kick off last week for this master plan to discuss
needs such as HOT lanes and interchanges in regards to capacity.
Mayor Ralph reported that last week was the third and final walk for Kent
Walks. This was an opportunity for the Mayor as well as representatives from
the Police, Parks and Public Works Departments to meet with the public to
discuss their concerns in their particular neighborhoods. The last walk was
held in the Scenic Hill neighborhood and their concerns were sidewalks, code
enforcement and safety concerns in regards to lighting and trees.
Mayor Ralph serves on the South County Area Transportation Policy Board,
and at their recent meeting they had a presentation from the Port of Seattle
regarding work they are doing in the maritime realm. They discussed the
increasing of deep-water ports for cargo ships as well as the capacity for
cruise ships. Ralph noted how greatly the regional economy is influenced by
the cruise ships coming to the area.
Lastly, Mayor Ralph addressed concerns brought up at the last Council
meeting regarding safety and the locking of business doors. Ralph
acknowledged that this was a concern for the entire Council. After
conversations were had with City staff, Mayor Ralph confirmed that
8.A.3
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Kent City Council City Council Regular Meeting
Minutes
September 17, 2019
Kent, Washington
Page 4 of 8
businesses are allowed to lock their doors. She noted that there was
confusion regarding front doors and emergency exits. Mayor Ralph reaffirmed
that there is not a rule that says you cannot lock the front door of your
business while you are in there, though you have to have adequate
emergency exits.
B. Chief Administrative Officer's Report
Chief Administrative Officer, Derek Matheson advised that his written report
is in today's agenda packet and there is an Executive Session to discuss
collective bargaining and pending litigation that is expected to last for 30
minutes with no action anticipated.
C. Councilmember's Reports
Council President Boyce discussed the workshop earlier in the evening,
including a presentation by Human Services Manager, Merina Hansen
concerning the Human Services Master Plan as well as a levee update
presented by Environmental Engineering Manager, Mike Mactutis.
Council President noted the YMCA grand opening last week and expressed his
excitement for all that this facility will bring to the community.
Councilmember Larimer serves on the King County Aging and Disability
Advisory Council and spoke about a group petitioning the council to
reconsider funding decisions for the senior centers. Larimer was able to
counter their argument and explain the role the Kent Senior Center plays in
providing services to seniors throughout the region.
Councilmember Larimer sits on the Affordable Housing Committee and the
next meeting will be held on September 20th.
Councilmember Kaur serves on the Sound Cities Association Puget Sound
Clean Air Agency Advisory Council. They received an update on wildfire
smoke impacts on the region and how this last year was mild compared to
others.
Councilmember Kaur serves on the Sound Cities Association Growth
Management Planning Council and their next meeting will be held on
September 25th.
Councilmember Higgins serves on the Sound Cities Association Regional
Transit Committee which will meet on September 18th.
Councilmember Higgins chairs the Public Works Committee, report is in the
minutes.
Councilmember Troutner chairs the City’s Public Safety Committee and
8.A.3
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Kent City Council City Council Regular Meeting
Minutes
September 17, 2019
Kent, Washington
Page 5 of 8
discussed their last meeting in which they received a presentation from
Prosecuting Attorney, Sara Watson on the DUI Court.
Councilmember Troutner serves on the Law and Justice Safety Committee
which will meet on September 26th.
Councilmember Thomas chairs the City’s Operations Committee, and advised
the report is in the minutes.
Councilmember Fincher serves on the City’s Arts Commission and discussed
the traffic signal control box artwork as well as the artwork for the 277th
station and highline stations for Sound Transit.
Councilmember Fincher serves on the Sound Cities Association Mental Illness
and Drug Dependency Oversight Committee and their next meeting will be
held on September 26th.
Councilmember Fincher serves on the Sound Cities Association King
Conservation District Advisory Committee and the next meeting will be
September 18th. During a subcommittee meeting of the Urban Forestry
Group they chose three projects to move forward on, one of which will be a
tree count in one of our neighboring cities.
6. PUBLIC HEARING
A. First Public Hearing on the 2020 Mid-Biennium Budget
Adjustment
Mayor Ralph opened the public hearing.
Finance Director, Paula Painter discussed the balancing of the budget at the
end of 2018. She explained that the mid-biennium budget adjustment is to
allow for any necessary revisions to be made due to unforeseen
circumstances.
No public testimony.
No written comments submitted.
B. Move to close the public hearing
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
C. First Public Hearing on the 2020-2025 Capital Improvement
Plan
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Kent City Council City Council Regular Meeting
Minutes
September 17, 2019
Kent, Washington
Page 6 of 8
Mayor Ralph opened the public hearing.
Finance Director, Paula Painter explained that this public hearing is an
opportunity for the public to speak on the 2020-2025 Capital Improvement
Plan and its incorporation into the Capital Facilities Element of the Kent
Comprehensive Plan.
No public testimony.
No written comments submitted.
D. Move to close the public hearing
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
7. PUBLIC COMMENT
Valentin Caspaar discussed concerns regarding the locking of business doors
while facilities are occupied.
Beverly Williams discussed the Mill Creek Canyon Earthworks Park and her
concerns about homeless encampments. Williams requested that Mayor
Ralph walk the park with her to see the issues in person.
Tim Brown discussed his concerns regarding the homeless encampments in
the Mill Creek Canyon and Earthworks Park Trail. He also expressed his
appreciation in the work that the Kent Police Department has been doing to
clear the camps out.
Janice Allen discussed her concerns regarding the water pressure in the
Wildberry Neighborhood.
8. CONSENT CALENDAR
RESULT: APPROVED AS AMENDED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Sep 3, 2019 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Sep 3, 2019 7:00
PM
8.A.3
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Kent City Council City Council Regular Meeting
Minutes
September 17, 2019
Kent, Washington
Page 7 of 8
B. Resolution Recognizing the Wildberry Neighborhood Council -
Adopt
MOTION: Adopt Resolution No. 1993, recognizing the Wildberry
Neighborhood Council, supporting its community building
efforts, and conferring on it all opportunities offered by the
City’s neighborhood program.
C. Appoint Joe Cimaomo to the Kent Bicycle Advisory Board -
Confirm
MOTION: Confirm the appointment of Joe Cimaomo to fill a
vacant position on the Kent Bicycle Advisory Board, for a two
year term that will expire on March 31, 2021.
9. OTHER BUSINESS
A. Resolution Repealing the Council Rules and Procedures and
Adopting New Council Bylaws, Rules, and Procedures, and
Creating Committee of the Whole - Adopt
Matheson discussed the resolution before the Council. This resolution would
improve the flow of communication to Councilmembers, deciding by
consensus what items would move to the consent calendar or other business
for Council to take action on.
City Attorney, Pat Fitzpatrick discussed housekeeping that is being done in
the adoption of this resolution in regards to policy and procedure.
Troutner made mention that this will make for a stronger Council with better
communication.
Higgins discussed the positive impacts that going in this direction will have
on Council and staff.
Council President Boyce discussed the idea of "One Kent" and how
establishing this committee will reaffirm this idea.
MOTION: Adopt Resolution No. 1994, repealing the current
Kent City Council Rules and Procedures, and adopting new Kent
City Council Bylaws, Rules and Procedures.
RESULT: ADOPTED [6 TO 0]
MOVER: Dennis Higgins, Brenda Fincher
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Fincher
AWAY: Thomas
B. Ordinance Amending KCC 2.01.020 by Eliminating Subsection D
relating to Council Workshops - Adopt
8.A.3
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Kent City Council City Council Regular Meeting
Minutes
September 17, 2019
Kent, Washington
Page 8 of 8
Mayor Ralph discussed how the newly established Committee of the Whole
will allow for holistic discussions about the happenings in Kent. She believes
the change will be a positive one for both the community and the
Councilmembers.
MOTION: Adopt Ordinance No. 4334, repealing subsection D of
KCC 2.01.020 relating to council workshop meetings.
RESULT: ADOPTED [6 TO 0]
MOVER: Toni Troutner, Councilmember
SECONDER: Bill Boyce, Council President
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Fincher
AWAY: Thomas
10. BIDS
None.
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Collective Bargaining, RCW 42.30.140(4)(a)
B. Pending Litigation, RCW 42.30.110(1)(i)
At 8:27 p.m., the Council went into Executive Session.
At 9:01 p.m., the Council reconvened following Executive Session and no
action was taken.
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 9:02 p.m.
Kimberley A. Komoto
City Clerk
8.A.3
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DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Payment of Bills
MOTION: Approve the payment of bills received through 8/15/19 and paid
on 8/15/19 and bills received through 8/31/19 and paid on 8/31/19, and
approve the checks issued for payroll for 8/1/19-8/15/19 and paid on
8/20/19 and checks issued for payroll 8/16/19-8/31/19 and paid on
8/5/19, after auditing by the Operations Committee on 9/5/19.
8.B
Packet Pg. 29
Approval of payment of the bills received through-----08/15/19
and paid 08/15/19
Approval of checks issued for Vouchers:
Date Amount
08/15/19 Wire Transfers 8000 8014 $2,293,404.54
08/15/19 Regular Checks 737507 738012 $7,178,911.82
08/15/19 Payment Plus 101488 101518 $172,823.81
Void Checks ($585.75)
08/15/19 Use Tax Payable $3,040.47
$9,647,594.89
Approval of payment of the bills received through-----08/31/19
and paid 08/31/19 .
Approval of checks issued for Vouchers:
Date Amount
08/31/19 Wire Transfers 8015 8032 $2,057,363.89
08/31/19 Regular Checks 738013 738475 $8,470,768.09
08/31/19 Payment +101519 101539 $53,581.00
Void Checks $0.00
08/31/19 Use Tax Payable $354.71
$10,582,067.69
Approval of checks issued for Payroll:8/1/19-8/15/19
and paid 8/20/2019
Date Amount
8/20/2019 Checks 0
Voids and Reissues
8/20/2019 Advices 434889 435768 $1,857,139.82
$1,857,139.82
Approval of checks issued for Payroll:8/16/19-8/31/19
and paid 9/5/2019
Date Amount
9/5/2019 Checks $0.00
Voids and Reissues
9/5/2019 Advices 435769 436656 $1,852,084.26
$1,852,084.26
Document Numbers
Document Numbers
Document Numbers
Document Numbers
8.B
Packet Pg. 30
DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Set October 15, 2019 as the Date for the Public Hearing on
the Comprehensive Plan/Capital Facilities Element
Amendment to Incorporate School District Capital Facilities
Plan and Update to Kent City Code Chapter 12.13, School
Impact Fees
MOTION: Set October 15, 2019 as the Date for the Public Hearing on the
Comprehensive Plan/Capital Facilities Element Amendment to Incorporate
School District Capital Facilities Plan and Update to Kent City Code Chapter
12.13, School Impact Fees.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Innovative Government, Sustainable Services
8.C
Packet Pg. 31
DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Set October 15, 2019 as the Date for the Second Public
Hearing on the 2020 Mid-Biennium Budget Adjustment
MOTION: Set October 15, 2019 as the Date for the Second Public Hearing
on the 2020 Mid-Biennium Budget Adjustment.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Evolving Infrastructure, Innovative
Government, Sustainable Services
8.D
Packet Pg. 32
DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Set October 15, 2019 as the Date for the Second Public
Hearing on the 2020-2025 Capital Improvement Plan
MOTION: Set October 15, 2019 as the Date for the Second Public Hearing
on the 2020-2025 Capital Improvement Plan.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Evolving Infrastructure, Innovative
Government, Sustainable Services
8.E
Packet Pg. 33
DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Set October 15, 2019 as the Date for the Public Hearing on
the 2019 Tax Levy for the 2020 Budget
MOTION: Set October 15, 2019 as the Date for the Public Hearing on the
2019 Tax Levy for the 2020 Budget.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Evolving Infrastructure, Innovative
Government, Sustainable Services
8.F
Packet Pg. 34
DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Set October 15, 2019 as the Date for the Public Hearing to
Consider Declaring Certain Public Utility Equipment and
Materials Surplus
MOTION: Set October 15, 2019 as the Date for the Public Hearing to
Consider Declaring Certain Public Utility Equipment and Materials Surplus.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Innovative Government, Sustainable Services
8.G
Packet Pg. 35
DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Puget Sound Energy Schedule 74 Underground Conversion
Project Construction Agreement – Fourth Avenue and Willis
Roundabout – Authorize
MOTION: Authorize the Mayor to sign a Schedule 74 Underground
Conversion Construction Agreement with Puget Sound Energy in an
amount not to exceed $ 112,430. to underground existing overhead power
in the vicinity of the Willis Street and 4th Avenue South intersection,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY: Under this Schedule 74 Underground Conversion Construction
Agreement, Puget Sound Energy will underground existing overhead power in the
vicinity of the Willis Street and 4th Avenue South intersection after completion of
the City’s joint utility trench construction project. This work is being completed in
advance of the 4th and Willis Roundabout project.
The construction agreement with Puget Sound Energy addresses the cost sharing
obligations between the City and Puget Sound Energy. The City will need to
reimburse Puget Sound energy for 40% of the construction costs.
BUDGET IMPACT: These construction agreement costs will be paid for with state
grant funding.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. Schedule 74 Construction Agreement (PDF)
09/16/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
10/1/2019 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
8.H
Packet Pg. 36
Construction Agreement, Attachment “B” to Schedule 74, Page 1
Intersection of Willis St and 4th Ave S. – Kent Sch74
SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Project Name: Kent Willis and 4th – Sch74 Conversion
Project Number: 101118283
THIS Agreement, dated as of this ______ day of _______________, 20____, is made by and
between __The City of Kent____, a _Municipal Corporation_____ (the “Government Entity”), and PUGET
SOUND ENERGY, Inc., a Washington Corporation (the “Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the
"Conversion Area") with a comparable underground electric distribution system, all as more specifically
described in the Project Plan (the "Conversion Project").
C. The Government Entity and the Company have previously entered into a Project Design
Agreement dated as of _March 11th, 2019_ (the "Design Agreement"), pursuant to which the parties
completed certain engineering design, cost assessment, operating rights planning and other preliminary
work relating to the Conversion Project and, in connection with that effort, developed the Project Plan.
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the
Conversion Project, which both parties intend shall qualify as an underground conversion under the terms
of Schedule 74.
AGREEMENT
The Government Entity and the Company therefore agree as follows:
1. Definitions.
(a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement, including, without limitation, the following:
i) Cost of Conversion;
ii) Public Thoroughfare;
iii) Temporary Service;
iv) Trenching and Restoration;
v) Underground Distribution System; and
vi) Underground Service Lines.
(b) “Company-Initiated Upgrade” shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise
agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less)
8.H.a
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Construction Agreement, Attachment “B” to Schedule 74, Page 2
Intersection of Willis St and 4th Ave S. – Kent Sch74
of such diameter and number as may be specified and agreed upon in the Project Plan necessary
to replicate the load-carrying capacity (system amperage class) of the overhead system being
replaced.
(c) “Estimated Reimbursable Private Conversion Costs” shall mean the Company's good faith
estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(d) “Estimated Reimbursable Temporary Service Costs” shall mean the Company's good faith
estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(e) “Estimated Reimbursable Upgrade Costs” shall mean the Company's good faith estimate of the
Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from
time to time in accordance with Section 6, below.
(f) “Estimated Shared Company Costs” shall mean the Company's good faith estimate of the Shared
Company Costs, as specified in the Project Plan and as changed and adjusted from time to time
in accordance with Section 6, below.
(g) “Estimated Shared Government Costs” shall mean the Government Entity's good faith estimate of
the Shared Government Costs, as specified in the Project Plan and as changed and adjusted
from time to time in accordance with Section 6, below.
(h) “Government-Requested Upgrade” shall mean any feature of the Underground Distribution
System which is requested by the Government Entity and is not reasonably required to make the
Underground Distribution System comparable to the overhead distribution system being replaced.
For purposes of the foregoing, any empty ducts installed at the request of the Government Entity
shall be a Government-Requested Upgrade.
(i) “Party” shall mean either the Company, the Government Entity, or both.
(j) “Private Property Conversion” shall mean that portion, if any, of the Conversion Project for which
the existing overhead electric distribution system is located, as of the date determined in
accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not
derived from a franchise previously granted by the Government Entity or pursuant to rights not
otherwise previously granted by the Government Entity.
(k) “Project Plan” shall mean the project plan developed by the Parties under the Design Agreement
and attached hereto as Exhibit A, as the same may be changed and amended from time to time in
accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed
description of the Work that is required to be performed by each Party and any third party, (ii) the
applicable requirements and specifications for the Work, (iii) a description of the Operating Rights
that are required to be obtained by each Party for the Conversion Project (and the requirements
and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared
Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private
Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and
Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule.
(l) “Operating Rights” shall mean sufficient space and legal rights for the construction, operation,
repair, and maintenance of the Underground Distribution System.
(m) “Reimbursable Private Conversion Costs” shall mean (i) all Costs of Conversion, if any, incurred
by the Company which are attributable to a Private Property Conversion, less (ii) the distribution
pole replacement costs (if any) that would be avoided by the Company on account of such Private
Property Conversion, as determined consistent with the applicable Company distribution facilities
8.H.a
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Construction Agreement, Attachment “B” to Schedule 74, Page 3
Intersection of Willis St and 4th Ave S. – Kent Sch74
replacement program, plus (iii) just compensation as provided by law for the Company's interests
in real property on which such existing overhead distribution system was located prior to
conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to
the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated
Reimbursable Private Conversion Costs without the prior written authorization of the Government
Entity.
(n) “Reimbursable Temporary Service Costs” shall mean all costs incurred by the Company which
are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary
Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide
Temporary Service (less salvage value of removed equipment); provided that the Reimbursable
Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs
without the prior written authorization of the Government Entity.
(o) “Reimbursable Upgrade Costs” shall mean all Costs of Conversion incurred by the Company
which are attributable to any Government-Requested Upgrade; provided that the Reimbursable
Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior
written authorization of the Government Entity.
(p) “Shared Company Costs” shall mean all Costs of Conversion (other than Reimbursable Upgrade
Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs)
incurred by the Company in connection with the Conversion Project; provided, however, that the
Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior
written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company
Costs" shall, as and to the extent specified in the Design Agreement, include the actual,
reasonable costs to the Company for the "Design Work" performed by the Company under the
Design Agreement.
(q) “Shared Government Costs” shall mean all Costs of Conversion incurred by the Government
Entity in connection with (i) any duct and vault installation Work which the Parties have specified
in the Project Plan is to be performed by the Government Entity as part of the Government Work,
and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement,
specified in the Project Plan are to be obtained by the Government Entity for the Conversion
Project, but only to the extent attributable to that portion of such Operating Rights which is
necessary to accommodate the facilities of the Company; provided, however, that the Shared
Government Costs shall not exceed the Estimated Shared Government Costs without the prior
written authorization of the Company.
(r) “Total Shared Costs” shall mean the sum of the Shared Company Costs and the Shared
Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without
limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated
with any joint use of trenches by other utilities as permitted under Section 3(b).
(s) “Work” shall mean all work to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including, without limitation, the Company Work (as
defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below).
(t) “Work Schedule” shall mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below.
2. Obligations of the Company.
(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as
specified in, and in accordance with the design and construction specifications and other
requirements set forth in, the Project Plan (the "Company Work"):
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Construction Agreement, Attachment “B” to Schedule 74, Page 4
Intersection of Willis St and 4th Ave S. – Kent Sch74
i) furnish and install an Underground Distribution System within the Conversion Area
(excluding any duct and vault installation or other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity);
ii) provide a Company inspector on-site at the times specified in the Work Schedule to
inspect the performance of any duct and vault installation Work which the Parties
have specified in the Project Plan is to be performed by the Government Entity; and
iii) upon connection of those persons or entities to be served by the Underground
Distribution System and removal of facilities of any other utilities that are connected to
the poles of the overhead system, remove the existing overhead system (including
associated wires and Company-owned poles) of 15,000 volts or less within the
Conversion Area except for Temporary Services.
(b) Upon request of the Government Entity, the Company shall provide periodic reports of the
progress of the Company Work identifying (i) the Company Work completed to date, (ii) the
Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Company Costs, the Estimated
Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service
Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule.
(c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate
and maintain all electrical facilities installed pursuant to this Agreement including, but not limited
to, the Underground Distribution System and Underground Service Lines.
(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance with the Project Plan, the Work Schedule and this Agreement.
3. Obligations of the Government Entity.
(a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the
following as specified in, and in accordance with the design and construction specifications and
other requirements set forth in, the Project Plan (the "Government Work"):
i) provide the Trenching and Restoration;
ii) perform the surveying for alignment and grades for ducts and vaults; and
iii) perform any duct and vault installation and other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity.
(b) Other utilities may be permitted by the Government Entity to use the trenches provided by the
Government Entity for the installation of their facilities so long as such facilities or the installation
thereof do not interfere (as determined pursuant to the Company's electrical standards) with the
Underground Distribution System or the installation or maintenance thereof. Any such use of the
trenches by other utilities shall be done subject to and in accordance with the joint trench design
specifications and installation drawings set forth or otherwise identified in the Project Plan, and the
Government Entity shall be responsible for the coordination of the design and installation of the
facilities of the other utilities to ensure compliance with such specifications and drawings.
(c) Upon request of the Company, the Government Entity shall provide periodic reports of the
progress of the Government Work identifying (i) the Government Work completed to date, (ii) the
Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Government Costs and the Work
Schedule.
(d) The Government Entity shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area.
8.H.a
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Construction Agreement, Attachment “B” to Schedule 74, Page 5
Intersection of Willis St and 4th Ave S. – Kent Sch74
(e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all
Government Work in accordance with the Project Plan, the Work Schedule and this Agreement.
4. Work Schedule.
(a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in
the Project Plan. Changes to the Work Schedule shall be made only in accordance with
Section 6, below.
(b) Promptly following the execution of this Agreement, and upon completion by the Government
Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction
meeting involving all participants in the Conversion Project to review project design, coordination
requirements, work sequencing and related pre-mobilization requirements. Following the pre-
construction meeting, the Government Entity shall give the Company written notice to proceed
with the Work at least ten (10) business days prior to the commencement date specified in the
Work Schedule.
(c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work
assigned to it under this Agreement in accordance with the Work Schedule. So long as the
Company performs the Company Work in accordance with the Work Schedule, the Company
shall not be liable to the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives) for any claims, actions, damages, or liability asserted or
arising out of delays in the Work Schedule.
5. Location of Facilities.
All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be
located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74, as specified by the Parties in the Project Plan.
6. Changes.
(a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the
Work within the general scope of this Agreement (a "Request for Change"), including, but not
limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the
specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work
Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in
the Work. No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party.
(b) If any change included in an approved Request for Change would cause a change in the cost of,
or the time required for, the performance of any part of the Work, an equitable adjustment shall be
made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the
Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective
of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to
agree upon the terms of the equitable adjustment, either Party may submit the matter for
resolution pursuant to the dispute resolution provisions in Section 10, below.
(c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further
equitably adjusted from time to time to reflect any change in the costs or time required to perform
the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11,
below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost,
8.H.a
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Construction Agreement, Attachment “B” to Schedule 74, Page 6
Intersection of Willis St and 4th Ave S. – Kent Sch74
schedule or other aspect of the Work and was not known by or disclosed to the affected Party
prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding
the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties
in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with
the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time
thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either
Party may submit the matter for resolution pursuant to the dispute resolution provisions in
Section 10, below.
(d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable
equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in
accordance with any approved Request for Change. Any request to proceed hereunder must be
accompanied by a written statement setting forth the requesting Party's reasons for rejecting the
proposed equitable adjustment of the other Party.
7. Compensation and Payment.
(a) Subject to and in accordance with the terms and conditions of this Agreement (including, without
limitation, the payment procedures set forth in this Section 7), payment in connection with the
Conversion Project and this Agreement shall be as follows:
i) The Total Shared Costs shall be allocated to the Parties in the following percentages:
(A) sixty percent (60%) to the Company, and (B) forty percent (40%) to the
Government Entity.
ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Private Conversion Costs, if any.
iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Upgrade Costs, if any.
iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Temporary Service Costs, if any.
v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs to
perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (i.e.,
Trenching and Restoration and surveying).
vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design,
provide and construct any Company-Initiated Upgrade.
vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain
Operating Rights outside the Public Thoroughfare.
(b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall
determine the net amount payable by the Government Entity or the Company, as applicable, to
the other Party under this Agreement (the "Net Amount"). The Net Amount shall be determined
by using the amount of the Total Shared Costs allocated to the Government Entity under
Section 7(a)(i), and adjusting such amount as follows:
i) Subtracting (as a credit to the Government Entity) the amount of the Shared
Government Costs.
ii) Adding (as a credit to the Company) the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs.
iii) Subtracting (as a credit to the Government Entity) any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive
number, and (B) shall be an amount payable to the Government Entity if it is a negative number.
8.H.a
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Construction Agreement, Attachment “B” to Schedule 74, Page 7
Intersection of Willis St and 4th Ave S. – Kent Sch74
(c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity
shall provide the Company with an itemization of the Shared Government Costs (the "Government
Itemization"), together with such documentation and information as the Company may reasonably
request to verify the Government Itemization. The Government Itemization shall, at a minimum,
break down the Shared Government Costs by the following categories, as applicable: (i) property
and related costs incurred and/or paid by the Government Entity, including any costs of obtaining
Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity,
including and listing separately inspection, labor, materials and equipment, overhead and all costs
charged by any agent, contractor or subcontractor of the Government Entity.
(d) Within thirty (30) business days after the Company's receipt of the Government Itemization and
requested documentation and information, the Company shall provide the Government Entity a
written statement (the "Company Statement") showing (i) an itemization of the Shared Company
Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's
itemization of the Shared Company Costs and the Government Entity's itemization of the Shared
Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private
Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary
Service Costs, (vi) any credits to the Government Entity for payments previously made to the
Company by the Government Entity under the Design Agreement which, under the terms of the
Design Agreement, are to be credited to the Government Entity under this Agreement, and
(vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such
documentation and information as the Government Entity may reasonably request to verify the
Company Statement. The itemization of the Shared Company Costs included in the Company
Statement shall, at a minimum, break down the Shared Company Costs by the following
categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including
and listing separately inspection, labor, materials and equipment, overhead and all costs charged
by any agent, contractor or subcontractor of the Company.
(e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement
and requested documentation and information, the Net Amount shall be paid by the owing Party to
the other Party, as specified in the Company Statement.
8. Indemnification.
(a) The Government Entity releases and shall defend, indemnify and hold the Company harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Government Entity in its performance under this Agreement. During the
performance of such activities the Government Entity's employees or contractors shall at all times
remain employees or contractors, respectively, of the Government Entity.
(b) The Company releases and shall defend, indemnify and hold the Government Entity harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Company in its performance under this Agreement. During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company.
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the
Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Section 8 extends to any such claim brought against the indemnified Party by
or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way
preclude the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
8.H.a
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Construction Agreement, Attachment “B” to Schedule 74, Page 8
Intersection of Willis St and 4th Ave S. – Kent Sch74
9. Conversion of Service to Customers within Conversion Area.
(a) Upon commencement of the Work, the Government Entity shall notify all persons and entities
within the Conversion Area that service lines to such customers must be converted from overhead
to underground service within the applicable statutory period following written notice from the
Government Entity that service from underground facilities are available in accordance with RCW
35.96.050. Upon the request of any customer, other than a single family residential customer,
within the Conversion Area, the Company shall remove the overhead system and connect such
persons’ and entities’ Underground Service Lines to the Underground Distribution System.
(b) The Parties acknowledge that single family residences within the Conversion Area must (i)
provide a service trench and conduit, in accordance with the Company's specifications, from the
underground meter base to the point of service provided during the conversion, and (ii) pay for the
secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The
Government Entity shall exercise its authority to order disconnection and removal of overhead
facilities with respect to owners failing to convert service lines from overhead to underground
within the timelines provided in RCW 35.96.050.
10. Dispute Resolution.
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the
other Party in writing as to the nature of the dispute. Each Party shall appoint a representative
who shall be responsible for representing the Party's interests. The representatives shall exercise
good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business
days of the date the disagreement was first raised by written notice shall be referred by the
Parties' representatives in writing to the senior management of the Parties for resolution. In the
event the senior management are unable to resolve the dispute within twenty (20) business days
(or such other period as the Parties may agree upon), each Party may pursue resolution of the
dispute through other legal means consistent with the terms of this Agreement. All negotiations
pursuant to these procedures for the resolution of disputes shall be confidential and shall be
treated as compromise and settlement negotiations for purposes of the state and federal rules of
evidence.
(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable
adjustment under Section 6, above, or the compensation payable by or to either Party under
Section 7, above, and which is not resolved by senior management within the time permitted
under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the
Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The
decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other
disputes shall be resolved by litigation in any court or governmental agency, as applicable, having
jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms
and other common costs shall be divided equally among the Parties. Each Party shall bear the
cost and expense of preparing and presenting its own case (including, but not limited to, its own
attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or
her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses
(including, but not limited to, reasonable attorneys' fees) by the other Party.
(d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
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Construction Agreement, Attachment “B” to Schedule 74, Page 9
Intersection of Willis St and 4th Ave S. – Kent Sch74
11. Uncontrollable Forces.
In the event that either Party is prevented or delayed in the performance of any of its obligations under
this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party’s
performance shall be excused during the Force Majeure Event. Force Majeure Events shall include,
without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or
other condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental agency;
sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third
party; or any failure or delay in the performance by the other Party, or a third party who is not an
employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the
Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming
a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited
manner under this Agreement or procure a substitute for such obligation. The Parties shall use all
commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event.
12. Insurance.
(a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the
duration of the Conversion Project (or, if sooner, until termination of this Agreement)
comprehensive general liability insurances, with a minimum coverage of $_________ per
occurrence and $__________ aggregate for personal injury; and $_________ per occurrence/
aggregate for property damages, and professional liability insurance in the amount of
$___________.
(b) The Government Entity shall ensure that each of its contractors performing any Government Work
secures and maintains in force throughout the duration of the Conversion Project (or, if sooner,
until termination of this Agreement) insurance policies having the same coverage, amounts and
limits as specified Section 12(a), above.
(c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self-
insure against such risks in such amounts as are consistent with good utility practice. Upon the
Government Entity's request, the Company shall provide the Government Entity with reasonable
written evidence that the Company is maintaining such self-insurance.
13. Other.
(a) Agreement Subject To Tariff. This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff
as approved by the Washington Utilities and Transportation Commission and in effect as of the
date of this Agreement.
(b) Termination. The Government Entity reserves the right to terminate the Conversion Project and
this Agreement upon written notice to the Company. In the event that the Government Entity
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the
Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination. In such event, the costs reimbursable to the
Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the
Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's
invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the
Conversion Project and/or this Agreement.
(c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights
or obligations of the Company under any previous agreements pertaining to the existing or future
facilities of greater than 15,000 Volts within the Conversion Area.
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Construction Agreement, Attachment “B” to Schedule 74, Page 10
Intersection of Willis St and 4th Ave S. – Kent Sch74
(d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply
with all applicable federal, state, and local laws, ordinances, and regulations.
(e) No Discrimination. The Company, with regard to the Work performed by the Company under this
Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color,
national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in
the selection and retention of employees or procurement of materials or supplies.
(f) Independent Contractor. The Company and the Government Entity agree that the Company is an
independent contractor with respect to the Work and this Agreement. The Company is acting to
preserve and protect its facilities and is not acting for the Government Entity in performing the
Work. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties. Neither the Company nor any employee of the Company shall be
entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this
Agreement. The Government Entity shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the Company, or any
employee of the Company.
(g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce
strict performance by the other Party of any provision of this Agreement or to exercise any other
right under this Agreement, and no course of dealing or performance with respect thereto, shall,
except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or
relinquishment of any right under any provision of this Agreement or any right at law or equity not
otherwise provided for herein. The express waiver by either Party of any right or remedy under
this Agreement or at law or equity in a particular instance or circumstance shall not constitute a
waiver thereof in any other instance or circumstance.
(h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing
contained in this Agreement is intended to confer any right or interest on anyone other than the
Parties, their respective successors, assigns and legal representatives.
(i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other
requirements, now or hereafter in effect, of all governmental regulatory authorities and courts
having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules,
regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory
authorities and courts that are required to be incorporated into agreements of this character are by
this reference incorporated in this Agreement.
(j) No Partnership. This Agreement shall not be interpreted or construed to create an association,
joint venture or partnership between the Parties or to impose any partnership obligations or liability
upon either Party. Further, neither Party shall have any right, power or authority to enter into any
agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to
otherwise bind the other Party.
(k) Severability. In the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
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Construction Agreement, Attachment “B” to Schedule 74, Page 11
Intersection of Willis St and 4th Ave S. – Kent Sch74
(l) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy
followed by mail or hand delivery), delivered in person, or mailed, properly addressed and
stamped with the required postage, to the intended recipient as follows:
If to the Government Entity: City of Kent
400 West Gowe
Kent, WA 98032
Attn: Thomas Layrer
Phone: 253-856-5562
If to the Company: Puget Sound Energy, Inc.
6905 South 228th St
Kent, WA 98032
Attn: Hong Nguyen
Phone: 425-449-6609
Any Party may change its address specified in this Section 13(l) by giving the other Party notice of
such change in accordance with this Section 13(l).
(m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing conflict
of laws), except to the extent such laws may be preempted by the laws of the United States of
America.
(n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to
the subject matter hereof and all other agreements and understandings of the Parties, whether
written or oral, with respect to the subject matter of this Agreement are hereby superseded in their
entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein
is intended to or shall alter, amend or supersede the Design Agreement and the same shall
remain in full force and effect in accordance with its terms.
(o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the
respective successors, assigns, purchasers, and transferees of the Parties, including but not
limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or
division thereof.
Government Entity: Company:
CITY OF KENT PUGET SOUND ENERGY, INC.
BY BY
ITS ITS
Date Signed Date Signed
Approved as to form:
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101118283
Exhibit "A" Project Plan
Schedule 74 Underground Conversion
City of Kent – Willis St and 4th Ave S.
Schedule 74
PSE Project Number: 10118283
August 6, 2019
Pursuant to Puget Sound Energy ("PSE") Rate Schedule 74 and as described in this Project Plan,
PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an
equivalent Underground Distribution System. This Project Plan describes the scope of
construction work (the "Construction Work") to be performed by PSE and the City of Kent (the
"City") for the conversion of certain PSE electrical distribution system facilities as described
herein (the "Conversion Project"). Construction of this Conversion Project is contingent upon
and shall commence only after both written acceptance of this Project Plan and written execution
of a Schedule 74 Construction Agreement by the City and PSE.
This Project Plan includes and consists of:
• Description of the Construction Work to be performed
• Construction Drawings, Standards, Specifications and Requirements for the Construction
Work (attached)
• Operating Rights to be obtained for the Conversion Project (attached)
• Construction Work Schedule
• Construction Costs Estimate Summary (attached)
Revisions to this Project Plan must be mutually approved bv the City and PSE.
Construction Work
This Conversion Project will replace PSE's existing overhead and install new electrical
distribution system with an Underground Distribution System within the following area (the
"Conversion Area"): intersection of Willis Street (SR 516) and 4th Avenue S, Saar Street, and
West Willis Street.
The Conversion Project has no modifications or replacement of existing services lines within the
Conversion Area. This project will include the removal of PSE's existing overhead electric
distribution facilities (including PSE distribution poles and pole mounted street lights) from the
Conversion Area.
There are no Company Initiated Upgrades in the Conversion Project Scope of Work.
City requested upgrades included in this project consist of: None
City of Kent
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City Responsibilities
Responsibilities of Parties
a) At least ten (10) business days prior to the scheduled commencement of Construction Work,
hold a pre-construction meeting involving all participants in the Conversion Project to review
project design, coordination requirements, work sequencing and related premobilization
requirements.
b) At least ten (10) business days prior to the scheduled commencement of Construction Work,
give PSE written notice to proceed with the Construction Work to allow for delivery of PSE
materials to the job site and scheduling of PSE's on-site Inspector.
c) Provide written notice to customers within the Conversion Area in advance of Conversion
Project Construction Work start. The notice will include contact information for both the
City and PSE, the expected Conversion Project schedule, anticipation of service interruptions
and work required to be performed by customers.
d) Coordinate other utility conversion, removal and relocation from PSE's poles.
e) Provide all surveying for equipment placement, locations, and establish all grade elevations
for the Underground Distribution System within the Conversion Area.
f) Provide all necessary excavation, bedding, backfill, off-site disposal, site restoration and
coordination for installation of the Underground Distribution System. This includes
trenching, backfill, and restoration for cut-over and transfer of existing underground system
and service lines from the existing overhead distribution system to the new Underground
Distribution System.
g) Provide flagging and traffic control as required for all work performed by the City.
h) Install and proof all ducts and vaults for the Underground Distribution System (excluding
work in ducts or vaults containing energized cables or equipment - see PSE Responsibilities)
in accordance with PSE standards and specifications using ducts and vaults provided by PSE.
"Proofing" as used herein is defined as verification using a mandrel that the duct and vault
system is free and clear of damage, installed to the proper grade and at the proper location and
contains a pulling line.
i) Provide at least five (5) business days' notice for scheduled delivery of PSE vaults by PSE's
vault supplier.
j) Provide secure staging and storage area(s) for duct and vault materials provided by PSE. The
City shall be responsible for the security and condition of these materials until they are
installed and accepted by PSE or returned to PSE's custody.
k) Provide labor and equipment for the off-loading of PSE duct and vault materials delivered to
the job site.
City of Kent
Willis St and 4th Ave S.
.
Page 2
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City of Kent – Willis Street and 4th Ave S. Page 3
1) Facilitate weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings to include all relevant parties participating in the conversion including PSE and its
contractor(s), the City and its contractor(s), and other utilities.
m) Provide any necessary operating rights for the installation of PSE's facilities in accordance
with PSE's Schedule 74 Section 3 and as mutually agreed by the PSE and the City.
Operating rights are further addressed in the Operating Rights section of this Project Plan.
n) Modify, reroute or replace service lines to City owned facilities to connect to the
Underground Distribution System.
o) Following notification from PSE that Construction Work is complete; provide to PSE any
Shared Government Costs as provided for in the Construction Agreement.
Puget Sound Energy Responsibilities
a) Following notice from the City, deliver or cause to be delivered all duct and vault materials
to the designated staging/storage area(s). Acknowledge delivered quantities and condition of
duct and vault materials by signing shipping manifests.
b) Following notice from the City, provide inspection services needed for overseeing the proper
installation of ducts and vaults by the City.
c) Accept delivery of the completed duct and vault system once the new system has been
proofed (as described above) by the City. PSE will provide a mandrel to the City to be used
in proofing of the duct and vault system.
d) Provide PSE electrical workers to complete duct installation and proofing when such work is
performed at or in any energized vault containing energized cables or equipment.
e) Install (except for ducts and vaults installed by the City) and energize the Underground
Distribution System. Provide written notice to the City when the Underground Distribution
System is energized.
f) Perform cut-over and transfer of existing Underground Distribution System and existing
underground service lines from the overhead distribution system to the new Underground
Distribution System where applicable (see City Responsibility item "f' concerning trenching
responsibility). PSE will notify the City for excavation and the affected customers at least
two (2) business days prior to installation, transfer, and connection of underground service
lines. Affected service lines are listed in the Service Lines section of this Project Plan.
g) Install and connect replacement underground service lines to single family residences and
connect modified and replacement non-residential underground service lines provided by
customers within the Conversion Area pursuant to PSE Tariff Schedule 85. Affected service
lines are listed in the Service Lines section of this Project Plan.
h) Remove the existing overhead electric distribution system including, conductors, equipment,
down guys, anchors and poles after all service lines to customers within the Conversion Area
are connected to the Underground Distribution System and all other utilities have been
removed from PSE's poles. Holes left following removal of poles will be filled with crushed
rock and compacted in accordance with applicable City standards or specifications.
8.H.a
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City of Kent – Willis Street and 4th Ave S. Page 4
i) Provide flagging and traffic control as required for all work performed by PSE (except as
may otherwise be reasonably provided by the City during installation of ducts and vaults in
conjunction with City performed trenching, excavation, back-fill and restoration).
j) Attend weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings facilitated by the City and its contractor during periods of Conversion Project
construction.
Operating Rights
The Underground Distribution System will be located within Public Thoroughfare and no
additional operating rights will be required for the construction of this conversion project.
Construction Work Schedule
The Construction Work will be performed in accordance with the following Work Schedule,
unless this schedule is revised by mutual agreement of the City and PSE or circumstances
beyond the reasonable control of the City and/or PSE preclude such performance.
Installation of ducts and vaults: Will be 2019 construction and is anticipated to be (25) working
days for duct and vault.
Installation and energization. of the Underground Distribution System: Will be energized in
2019 and is anticipated to take approximately (26) working days.
Removal of overhead facilities: Poles P01 (314147-165230), P02 (314131-165214), P04
(3141322-165247) & P07 (314096-165227) will be removed in 2019 and is
anticipated to take approximately two days for removal of PSE's overhead system. Poles will be
removed once all utilities have removed facilities off the poles.
Installation and removal of Temporary Service: Temp services requested to be done on a
different project.
Work Schedule Restrictions: No work restriction anticipated at this time.
Construction Cost Estimate
The estimated costs to perform the Construction Work and the allocation of costs between the
parties are presented in the attached Construction Costs Estimate Summary. These estimated
costs are valid for ninety (90) days from the date shown on the attached Construction Costs
Estimate Summary. If this Project Plan and a Schedule 74 Construction Agreement are not
fully executed within ninety (90) days from this date, the estimated costs shall be subject to
revision.
The scope of work provided for in the previously executed Design Agreement has been
completed with written acceptance of this Project Plan by the City and PSE. The Construction
Cost Estimate summary reflects and provides for Construction Work costs commencing with
PSE attendance at the required pre-construction meeting and receipt of the City's written notice
to proceed with Construction Work. Work performed and/or costs incurred by PSE in response
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City of Kent – Willis Street and 4th Ave S. Page 5
to City request following acceptance of the Project Plan and prior to the pre-construction meeting
are not included in the Construction Cost Estimate Summary, and shall be subject to addition to
the Construction Cost Estimate by revision as described below.
Estimated Inspection and Service Provider Outside Services costs are based on
being constructed in 2019. Any work in 2020 will be subject to change order at the 2020
contract construction rates.
Costs/or Construction Work performed by PSE outside of the projected corresponding
construction years shall be subject to revision to reflect PSE Service Provider contract rates
which become effective in January of 2020.
Changes in Construction Work scope, performance and/or schedule can result in actual
Construction Costs that differ from estimated costs shown in the Construction Cost Estimate
Summary. In the event performance of the Construction Work cannot or does not proceed
substantially as provided in this Project Plan, such changes shall promptly be brought to the
attention of PSE and the City when anticipated or known and shall be documented in a revision
to the Construction Cost Estimate Summary (a "Cost Estimate Revision") mutually agreed and
executed by the City and PSE.
Project Assumptions
The project design, construction plans and cost estimates are based on and reflect the following
assumptions. Construction conditions that are not consistent with these assumptions may result
in a request for change or an equitable adjustment to project compensation under Section 6 of the
Construction Agreement and addressed by a Cost Estimate Revision.
Cost Assumptions
1. The Construction Work will be performed in accordance with the Construction Drawings and
Construction Work Schedule.
2. PSE's Project Manager will accept or reject (with written justification) the duct and vault
installation work performed by the City within five (5) business days' notice of completion
from the City. In the event PSE rejects any of the ducts or vaults (with reasonable written
justification), the City will perform the necessary remedial work. The City will then re-
notify PSE and PSE shall have five (5) business days to accept or reject the remedial work.
3. All PSE cables can be pulled through the ducts and vaults system, including existing ducts
and vaults if applicable, to be used for the Conversion Project utilizing normal cable pulling
equipment and methods.
4. A City Street Use permit is the only permit necessary for PSE to perform its work for this
Conversion Project and will be issued within two (2) weeks of PSE submitting a complete
permit application (including any supporting documentation reasonably required by the
City). There will be no charge for the permit or inspection fees.
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City of Kent – Willis Street and 4th Ave S. Page 6
5. The estimated daily productivity rate for PSE duct and vault installation is based on the City's
contractor opening a minimum of (60) feet of trench per working day. The daily productivity
rate is used to estimate the number of days a PSE Inspector will be required during installation
of ducts & vaults. The Inspector will be scheduled in full day increments and in one
continuous effort. Changes to a continuous schedule require a minimum of five (5) days
advance notice and must be mutually agreed between the City and PSE.
6. Attendance by PSE's Project Manager at scheduled weekly construction coordination
meetings is included and reflected in the Construction Cost Estimate during periods when the
PSE ducts and vaults are actively being installed and when the PSE line crew is performing
installation, energization, cut-over and removal work. Attendance at additional meetings that
may be requested/required during other periods will be addressed by a Cost Estimate
Revision.
7. Traffic control provided by PSE assumes the use of two flaggers, basic signage and simple
channelization. Additional traffic control measures are not included and if
requested/required will be addressed by a Cost Estimate Revision.
8. Work to be performed by PSE does not include installation and/or removal of Temporary
Service facilities at the request of others during construction.
9. Cut-over and transfer work will be completed during regular working hours as described in
Schedule Assumption #3 below. Changes in the performance of this work will be addressed
by a Cost Estimate Revision.
10. New guy anchors shall be installed prior to installation of new ducts in the same area.
11. When Fluidized Thermal Backfill (FTB) is used, associated cost will be allocated 100% to
PSE when required for a Company Initiated Upgrade and otherwise 100% to the City.
12. Installation of protective bollards may be necessary at some locations and may not be
included in the project design. In the event unplanned bollards are required, associated costs
will be a Shared Cost and addressed by a Cost Estimate Revision.
Schedule
1. There will be a total of two (2) PSE crew mobilizations for each of Phase One and Phase
Two as follows: i) one mobilization of an underground line crew for installation of
underground conductors and equipment; and ii) one mobilization of an overhead line crew
for removal of the existing overhead facilities. Once mobilized, PSE crews will have
continuous productive work until all PSE Construction Work is complete.
2. All PSE Construction Work will be performed during regular working hours from 7:00 am to
3:30 pm Monday through Friday excluding holidays. In the event that lane closures are
necessary for performance of work, PSE shall be limited to working between the hours of
7:00 am to 3:30 pm Monday through Friday. PSE and the City will mutually agree to weekly
work schedules for the Construction Work. PSE shall be allowed to perform PSE work as
scheduled without changes or interruptions caused by other construction activities.
3. PSE customers within the Conversion Area will experience interruption of electric service
during performance of the Construction Work when cutting over and transferring system and
customer loads from the overhead distribution system to the Underground Distribution
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City of Kent – Willis Street and 4th Ave S. Page 7
System. Cut-over and transfer work will be performed during the regular working hours
specified in Schedule Assumption #2 above except as otherwise provided below. PSE will
notify customers at least two (2) business days in advance of scheduled service interruptions.
Additional Considerations
Service Lines
Service lines within the Conversion Area must be modified or replaced to provide underground
service from the Underground Distribution System as listed below. Performance of the work and
associated costs shall be governed by PSE Tariff Schedule 85.
New Service
Connection of new or increased load for City facilities (such as new traffic signals) under terms
of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch.
Additional costs may apply and will be quoted separately.
PSE Design & Construction Standards
This Conversion Project has been designed and will be constructed in accordance with PSE
design and construction standards in effect as of the date of this Project Plan. PSE standards
applicable to Construction Work to be performed by the City have been provided to the City in
PSE' s "Electric Distribution Trench/Duct/Vault Construction Standards, 2013". All relevant
PSE standard described above are attached to this Project Plan by this reference.
Temporary Support (Holding) of PSE Poles
Whenever any pole(s) are required to be temporarily supported (held) due to excavation in
proximity to such poles, the City will coordinate with PSE to provide such support. The need to
temporarily support such poles shall be determined by PSE, and if required, such support shall be
provided by PSE. As used herein, "temporary support" means supporting one or more poles for
a continuous working period of ten hours or less.
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City of Kent – Willis Street and 4th Ave S. Page 8
Acce ptance of Pro ject Plan
The City and PSE mutually agree to and accept this Project Plan as of the date indicated below:
For the City: For PSE:
BY____________________________ BY_______________________________
ITS____________________________ ITS_______________________________
Date Signed_____________________ Date Signed________________________
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Scope of Work
To: City of Kent
400 West Gowe
Kent, WA 98032
Attn: Thomas Leyer
Project Description:Sch 74 OH/UG conversion
Location:Willis Street and 4th Ave S
PSE Project Manager:Hong Nguyen
Activity:
PSE Order #:
40%40%60%
PSE Materials $100,304.92
PSE Construction Labor 190,344.00$ 83,592.00$ City Obligation $0.00
PSE Project Management $13,458.41 $8,863.91 PSE Obligation $0.00
PSE Inspection 33,965.00$
PSE Overheads 24,064.05$
Federal Income Tax $1,286.45 $34,176.27
Total Actual Costs:$14,744.86 $391,718.15 $83,592.00
TOTAL PROJECT VALUE:3
Date:12/31/2018
FACILITY CONVERSION/MODIFICATION BILLING DETAIL
The City of Kent requests PSE to convert OH/UG Sch74 at the intersection of Willis Street (SR 516) and 4th Ave S. The associated with
the portions of this projec are 40% reimbursable to PSE.
Customer Installed Duct and VaultPSE Construction Cost Estimate
101118283 101118283
PSE Design Cost Change Orders
City of Kent Credit for D+V:
101118283101118283
City Cost Share City Cost Share PSE Cost Share
City of Kent Obligation Incl/CO's:$162,585.20
$112,430.00
($50,155.20)
$490,055.00
City of Kent Invoice/Credit Amount:
Puget Sound Energy, Inc. PO Box 90868 Bellevue, WA 98009-0868
Billing Detail Form 5/01
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DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Consultant Services Agreement with KPG, P.S. for the
Fourth and Willis Roundabout Drainage and Landscape
Design – Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with KPG, Inc, in an amount not to exceed $78,801. for drainage and
landscape design for the Willis Street and 4th Avenue South roundabout
project, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: Under this Consultant Services Agreement, KPG will prepare drainage
and landscaping plans, specifications, and cost estimates for the Willis Street and
4th Avenue South roundabout project.
BUDGET IMPACT: These consultant services will be paid for with state grant funds
and stormwater utility funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. Consultant Services Agreement with KPG (PDF)
09/16/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
10/1/2019 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
8.I
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
KPG, P.S.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and KPG, P.S. organized under the laws of the State of Washington, located and
doing business at 3131 Elliott Ave., Suite 400, Seattle, WA 98121, Phone: (206) 267-1062, Contact:
Elizabeth Gibson (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide design support for storm drainage infrastructure, site
elements, landscaping, irrigation, and a surface water technical information report for the
4th Ave. S. and Willis St. Roundabout project. For a description, see the Consultant's Scope
of Work which is attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by July 31, 2020.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Seventy Eight Thousand, Eighty Hundred One Dollars ($78,801), for the services described
in this Agreement. This is the maximum amount to be paid under this Agreement for the
work described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed amendment to this
agreement. The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1)
year from the effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit B.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
8.I.a
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
8.I.a
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
/ /
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Elizabeth Gibson
KPG, P.S.
3131 Elliott Ave., Suite 400
Seattle, WA 98121
(206) 267-1062 (telephone)
N/A (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
KPG - 4th & Willis Roundabout/Leyrer
8.I.a
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EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
8.I.a
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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KPG
lnterdisciplinary Design
City of Kent Public Works
4th and Willis Roundabout Finalstormwater, Site and Landscape Design
Exhibit A - Scope of Work
July 30th, 2019
Proiect Descri otion and Background
The City of Kent is designing a roundabout to replace the current intersection at 4th Avenue South and
Willis Street.
Under a previous contract with the City managed by the Parks Planning and Development Division, KPG
provided conceptual options and cost estimates for bicycle/pedestrian connectivity, green stormwater
infrastructure, placemaking, gateway and wayfinding signage, and landscape design for the corridor along
Willis Street stretching from the lnterurban Trail to the west edge of 3rd Avenue. As part of this previous
work, KPG also performed a preliminary stormwater design analysis, documented in a Preliminary
Stormwater Design Memorandum dated 6/13h9.
The City of Kent Public Works Engineering Department is performing the final design of the roundabout
and has requested that KPG provide design support for storm drainage infrastructure, site elements,
landscaping, irrigation, and a surface water technical information report (TlR) for the entire project.
Landscape and site element design for final design will be limited to providing design guidance for sidewalk
layout and pedestrian crosswalk nodes, ADA ramp design, landscape and irrigation plans for the
bioretention areas, and the roundabout and median strips. Site element design will include basic landscape
gateway elements within the roundabout area and sidewalk and crosswalk node treatments, and pedestrian
lighting features at the pedestrian crosswalk nodes. Additional landscape and urban design elements
developed during the previous phase of work will not be included at this time but may be added if funding
becomes available.
ASSUMPTIONS
¡ This scope of this work is through Bidding Phase
¡ Project deliverables will in PDF and AutoCAD Civil3D 20L8 format
¡ See additional assumptions listed for individual Tasks
PROVIDED BY KPG
. CAD layout of sidewalks and pedestrian crosswalk nodes in vicinity of roundabout
. ADA ramp design
¡ Surface Water Technical lnformation Report (TlR)
o Final design of bioretention facilities and curb cuts, including landscape design
. Recommendations for roadway illumination fixtures and armature
¡ Landscape, irrigation and pedestrian illumination design of medians and areas adjacent to the
roundabout
¡ Detailed cost estimate and special provisions for elements designed by KPG
¡ See deliverables lists for individual Tasks
Page | 1 4th and Willis Roundabout KPG
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I<PG
f nterdisclplinary Design
PROVIDED BYTHE CITY
The City will provide the following items:
o Electronic drawing files for ROW improvements, including:
. Survey base map, including existing utility information. Proposed roadway improvements (curb and pavement lines, channelization, roadway
lighting locations, utilities, grading)
. Proposed stormwater conveyance improvements within roundabout paved area
TAS K 1 MANAG EM ENT/ADM I N ISTRATI ON/COOR DI NATI ON
Task l" Objective: Management of project team throughout the duration of the project, coordination with
project owner, coordination with project team, development of invoices.
Task l- Work Elements:
Lt Project Management
1..2 Monthly Progress Reports and lnvoicing
1.3 Project coordínation meetings four (4), and one (1) site visit
1..4 QA/qc
Task 1 Deliverables
o Monthly progress reports including invoices, emailed.
¡ Meeting agendas and minutes, including summary of decisions made/needed resulting from design
coordination meeting and action items.
Task 1Æsumptions:
The Consultant wíll provide timely and immediate notification of any work items or project
developments constituting a change to the written scope of work and fee budget estimate and
schedule.
The Consultant will attend meetings with City Staff for project coordination, either in person or
teleconferencing as necessary.
The work of this task is estimated to be up to 2 months in length.
K 2 FINAL DESIGN -
Task 2 Objective: Consultant shall provide final design and documentation of stormwater elements for
the roundabout at the intersection of 4th Avenue S and Willis Street.
Task 2 Work Elements:
a
a
a
2.1,
2.2
2.3
Page | 2
Reviewfinal roundabout design and grading prepared by the City and measure new and replaced
impervious areas and delineate basin areas to proposed bioretention facilities. Coordinate with
City regarding gutter grading and curb cut locations.
Perform stormwater design calculations, including bioretention sizing and conveyance system
hydrology and hydraulic calculations.
Prepare Surface Water Technical lnformation Report to document the stormwater design.
4th and Willis Roundabout KpG
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lnterdisciplinary Design
2.4 Prepare storm drainage plans and details for stormwater elements outside of paved areas,
including curb cuts.
2.5 Prepare construction cost estimate.
2.6 Prepare special provisions in WSDOTformat.
Task 2 Deliverables
. TIR (draft and final)
¡ Storm drainage plans and details (600/o,100%), for areas outside of paved roadwayo I0O% progress print (PDF file) prior to finalizing the 100% plans and details¡ Cost estimate (60%, rc}%)
. Special Provisions (60%,1,0O%)
Task 2 Assumptions:
o IO0% plans, specifications, and estimate will be completed within two (2) months from Notice to
Proceed.
. Turnaround time for City comments will be one (L) week.
o Final design of stormwater elements will be based on the design concept presented in KpG's
Preliminary Stormwater Design Memorandum dated 6/13/19.
¡ The City will prepare storm drainage plans for drainage infrastructure within the paved areas of the
roundabout, with pipe connections for bioretention overflow structures to be designed by KPG.
Drainage conveyance calculations to be performed by KPG will include all new storm drainage
infrastructu re associated with the rou ndabout.
¡ lt is anticipated that the following plan sheets will be provided for the 60% and 1O0% submittals:
o L Storm Drain Plan Sheet (1-"=20')
o 3 Bioretention Layout and Grading Sheets (1"=5')
o L Swale Regrading Plan and Profile Sheet (1-"=30')
o L Bioretention Detail Sheet
¡ The City's geotechnical consultant will provide additional infiltration testing and geotechnical
recommendations for final bioretention locations. Consultant will provide sketch with required
infiltration test locations.
TASK 3 FINAL DESIGN - SITE.DSCAPE AND IRRIGATION
Task 3 Objective: Consultant shall provide final design for site elements, ADA ramp design and
landscaping for the roundabout at the intersection of 4th Avenue S and Willis Street.
Task 3 Work Elements:
K,PGi
Prepare CAD layout of sidewalks and ADA ramps in vicinity of roundabout, and pedestrian
crosswalk node areas.
Provide ADA ramp design (8 ADA ramps included) and plans for pedestrian crosswalk connections
in vicinity of roundabout.
Prepare site element plans and details for roundabout area (including minimal gateway hardscape
treatment), sidewalk finish details, pedestrian crosswalk node treatments and pedestrian lighting
or accent lighting custom details as required.
Prepare landscape plans and details for bioretention, sidewalk, roundabout and median
4th and Willis Roundabout KpG
3.L
3.2
3.3
3.4
Page | 3
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lnterdisciplinary Design
landscaping associated with roundabout construction.
3.5 Prepare irrigation plans and details for bioretention, sidewalk, roundabout and median
landscaping associated with roundabout construction.
3.6 Prepare construction cost estimate.
3.7 Prepare special provisions in WSDOT format.
Task 3 Deliverables
. CAD layout of sidewalks and pedestrian crosswalk nodes, including ADA ramps.
. ADA Ramps, site elements, planting and irrigation plans and details (60%,tOO%)
o IO0% progress print (PDF file) prior to finalizing the 100% plans and details
o Cost estimate (60%, t00%)
. Special Provisions (60%,IO0%)
Task 3 Assumptions:
. I00% plans, specifications and estimate will be completed within two (2) months from Notice to
Proceed.
. Turnaround time for the Cíty comments will be one (L) week.
¡ The City will provide flowline elevations and will coordinate elevations for ADA ramp design with the
Consultant. The City willset grades at detectable warning surfaces across the nosing area splitter
island openings for ped refuge. The City will provide channelization layout, signage and confirm
crosswalk alignment options to provide adequate sight distance and setback lengths at edge of
circulatory ioadway (at RAB).
¡ lt is anticipated that the following plan sheets will be provided for the 60%and l"0O% submittals:
o 2 ADA Access Ramp Sheets
o 1 Site Element Plan Sheets
o 2 Site Element Detail Sheets
o 2 Landscape Plan Sheets
o 2 Landscape Schedule and Detail Sheets
o 2 lrrigation Plan Sheets
o 2 lrrigation Schedule and Detail Sheets
¡ Consultant will provide specifications and cut sheets for pedestrian lighting luminaire and poles
and/or accent lighting fixtures (including desired locations for pedestrian lights and accent lighting)
for the City's incorporation into the illumination plans.
¡ Consultant will provide recommendations for roadway luminaire fixtures and armature for review
by City.
o Consultant will provide any custom pedestrian illumination details for installation as required.
. Project management is part of Task 1-.
TASK 4 SUPPORT DURING BIDDING
Task 4 Objective: Consultant shall assist the City with project advertisement and award
Task 4 Work Elements:
4.1" The consultant will assist the City with project advertisement and award. This work may include
response to bidder questions, preparation of addenda and other services as requested by the
City.
Page | 4 4th and Willis Roundabout KpG
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lnterdlsclpllnary Deslgn
Task4 Deliverables:
¡ Addenda, as required
Task 4 Assumptions:
a Project management is part of Task L
Other Services
The City may require other services of the Consultant. These Services could include other work tasks not
included in the scope of work.
The scope of these services will be determined at the sole discretion of the City. At the time these services
are required, the Consultant shall provide a detailed scope of work and estimate of costs. The Consultant
shall not proceed with the work until the City has authorized the work and issued a notice to proceed.
Page | 5 4th and Willis Roundabout KPG
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Exh¡b¡t B
Hour and Fee Est¡mate
Cl¡ent: C¡ty ol Kent
Proiect: 4th and W¡ll¡s Roundabout F¡nal Stormwater and Landscape Des¡gn
KPG PROJECT NUMBER: 19029
DATE:
KP(G
Total Hil¡s and labor Fæ
Esl¡mle by Task
Feê
fask 1 - Pro¡ecl MânagemenvMeetings and Coordinat¡on
s ', 175 00
s 632 00
$3.780.00
s 4 272 ñO
$ 9,859.00
fask 2 - Final Stormwater Oesign
s t 1¿o oo
$ 3,544.00
$7.824.00
s 15.548.00
$ 1,304.00
$1.104.00
Task 44 0 24 0 0 0 152 0 16 0 236 $ 31,464.00
Task3-FinalSite,and lrr¡gat¡on Design
CAD of
$ 15.848.00
ù 5.744.OO
$ 4,276.00
$2.336.00
$2.956.00
$2.7c'4.OO
$ 35,460.00
Task 4 - Support Dur¡ng Bidd¡ng
$'1.868.00
$ 1,868.00
$ 78,65f .fi'
15ôôO
$150.00
$ 78,801.q)
Hdrs
I
4
24
24
60
1Â
28
Þu
116
'10
6
122
50
40
24
20
290
12
12
Total l-abof Hours and 100 47 24 2 0 58 2æ 3 26 70 598
Tolal Re¡mbuHble Expens€
Total Est¡mated Budgel
Landsape
Technic¡an
Yãin Sh¡,
Tristan Fields
0
24
24
6
70
0
CAD
Tæhn¡cian
Mark Mcclure
tfit
0
16
2
2
2
2
10
0
Sr- Admin
Geôrgeanne
Sm¡lh
fi5
3
3
0
0
Dsign
Eng¡neer
K¡rst¡n Powers,
Bryce Corrigan
117
4
4
12
24
48
60
I
8
4
108
4
4
Prcjæt Land-
Arch.
Coreen Schmidt,
Phuong Nguyen
1
4
4
tb
12
12
54
0
Prcjecl
Êng¡n€er
Kelsêy
Anderson
140
0
0
0
Bus¡ness
Manager
Suzy Rowe
150
2
2
0
0
Sr, Prcjæt
Eng¡nær
Ray Edral¡n
166
0
24
0
0
Urban Design
Mgr
Liz G¡bson
't66
5
2
I
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23
I
2
4
2
2
20
4
4
Sr. Eng¡neer
Kirk Sm¡lh,
Ol¡via
Paræchiv
184
I
24
4
4
12
16
2
6
24
2
2
2A
4
4
Task Descript¡on
Proiect l\¡anaoement (aoDrox. 2 ¡¡onths)
Monthlv Pro¡ect Reoons and lnvoicino
Proiect Coordinât¡ôn Meetinos ân.l Silê Visit /5 tôlâlì
QA,/QC
Task Tota
Review Roundabout Grâdino
Perform Stormwater Design Calculations
rrepare TIR
trepare Storm Drainaoe Plans and Details
rrepare Cost Est¡mates
)repare Special Provisions
>repare ADA Ramp Access Desion
rrepare Site Element Plans and Details
rreoare LandscaDe Plans and Details
rrepare lrrigation Plans and Details
rrepare Cost Estimates
rrepare Spec¡al Provisions
Task Total
Provide Support Durinq Biddinq, As Reauested
Task Total
Task No.
12
1.3
14
2.1
2.2
24
2.6
3.4
3.5
3.6
4.1
Re¡mbursable Direcl Non-Salary Costs
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:TTNTION
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EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate.
8.I.a
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EXHIBIT C (Continued)
3. Professional Liability insurance shall be written with limits no less
than 2,000,000 per claim.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on
behalf of the Consultant and a copy of the endorsement naming the
City as additional insured shall be attached to the Certificate of
Insurance. The City reserves the right to receive a certified copy of
all required insurance policies. The Consultant’s Commercial General
Liability insurance shall also contain a clause stating that coverage
shall apply separately to each insured against whom claim is made or
suit is brought, except with respects to the limits of the insurer’s
liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
8.I.a
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DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Quit Claim Deed and Temporary Construction Easement
between the City of Kent and the Central Puget Sound
Regional Transit Authority – Authorize
MOTION: Authorize the Mayor to sign a quit claim deed to Sound Transit
for a 186 square-foot portion of King County Tax Parcel No. 282204-9017,
and a temporary construction easement on the same parcel that will
remain in effect until December 31, 2024.
SUMMARY: Sound Transit is proceeding with its Federal Way Link Extension, and
needs to acquire a 186 square ft portion of King County Tax Parcel No. 282204-
9017 in fee from the City. Sound Transit also needs a temporary construction
easement of 240 square feet on the same parcel from the City.
An offer was made by Sound Transit, under threat of condemnation, to compensate
the City $300 for the fee acquisition and temporary construction easement
combined. This amount was based on fair market value determined by an appraisal
conducted on behalf of Sound Transit, which determined the value for the fee
portion of the property to be $200, and the TCE at $30. Sound Transit’s minimum
offer is $300 so their offer was rounded up to that amount.
Staff has reviewed the appraisal and recommends that Council authorize the Mayor
to sign the quit claim deed and temporary construction easement to complete these
transactions.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. Quit Claim Deed and Temporary Construction Easement (PDF)
09/16/19 Public Works Committee RECOMMENDED TO
COUNCIL
8.J
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RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
10/1/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
8.J
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O Ctricago fitle Insurance C,ompany
WHEN RECORDED RETIIRN TO
Name:
Address:
City, State, Zip
Tax Account Number: 282204-9017 -00
City of Kent
701 sth Avenue, Suite 3400, Seattle, Washington 98104
LPB No. 12
QUIT CLAIM DEED
THE GRANTOR, City of Kent, a municipal corporation, for and in consideration of Three-hundred and
No/100ths dollars ($300.00) conveys and quit claims to the Central Puget Sound Regional Transit Authority, a
regional transit authority organized under the laws of the State of Washington, all interest in the following
described real estate, situated in the County of King, State of Washington, together with all after acquired title of the
grantor(s) herein:
THAT PORTION OF THE EAST 16.00 FEET OF THE WEST 33.00 FEET OF LOT 45, SECOMA HI.WAY
TRACTS, ACCORDINC TO THE PLAT THEREOF RECORDED IN VOLUME 37 OFPLATS, PAGE 42, IN
KING COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ATTHE SOUTHEAST CORNER OF SAID EAST I6.OOFEET;
THENCE, ALONC THE EASTERLY LINE OF SAID EAST I6.00FEET. NOI"1?'45"8 A DISTANCE OF
1 1.81 FEET;
TI{ENCE. LEAVING SAID EASTERLY LINE, N89" 17'39''W A DISTANCE OF 1 6.00 FEET TO THE
WESTERLY LINE OF SAID EAST 16.OOFEET;
THENCE, ALONG SAID WESTERLY LINE, SOI'I2'45''W A DISTANCE OF 1I.34 FEETTO THE
SOUTHWEST CORNER OF SAID EAST 16,00 FEET;
THENCE, ALONG THE SOUTHERLY LINE OF SAID EAST 16.00 FEET, S87'36'54''E A DISTANCE OF
16.OOFEET TO THE POINT OF BEGINNING.
CONTAININC 186 SQUARE FEET, MORE OR LESS
DATED
(i on afrrrc'
Print Nqme
STATE OF WASHINGTON )
COUNTY OF
onthisdayof-beforeme,theundersigned,anotarypublicinandfortheStateof
Washington, duly commissioned and sworn, personally appeared known to
me to be the individual(s) described in and who executed the within instrument and acknowledged that
-
signed and sealed
the same as _ free and voluntary act and deed, for the uses and purposes herein mentioned.
Printed Name:
Notary Public in and for the State of Washington
Residing at
ss.
My appointment expires
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WHEN RECORDED RETURN TO:
Sound Transit
Real Property Division
401 S. Jackson Street
Seattle, WA 98104-2826
TEMPORARY CONSTRUCTTON EASEMENT (SHORT TERM GENERAL CONSTRUCTTON)
Grantor(s): Gity of Kent, a municipal corporation
Grantee: Gentral Puget Sound Regional Transit Authority
Abbreviated Legal Description: PTN SE 1/a, SEC 28-22-4E
Assessor's Tax Parcel No(s): 282204-9017
ROW No(s): FL3o1
;City of Kent, a municipal corporation, ("Grantor"), is the owner of real property located
in the City of Kent commonly known as*no site address*, King County, Washington, 98032,
and more particularly described in the legal description attached as Exhibit "A1,Grantor's Entire
Parcel ("Propefty").
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit
authority of the State of Washington ("Grantee"), is developing high capacity transit service in the
central Puget Sound region, including the Link light rail system. Grantee is constructing a portion
of the Link light rail system called the:Federal Way Link Extension ("Project").
Grantee desires to use a certain portion of the Property in connection with the construction,
operation and maintenance of the Link light rail system.
AGREEMENT
1. Grant of Easement. Grantor , for and in consideration of the public good and other
good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by
Grantor, hereby conveys to Grantee, its successors and assigns, a temporary construction
easement ("Easement")within, over, across, through, under, and upon the portion of the Property,
more particularly described in the attached Exhibit "B" and depicted in Exhibit "C" ("Easement
Area").
2. Purpose of Easement. Grantee, its agents, contractors and permittees may use
the Easement Area, including entry into private improvements located in the Easement Area, for
the purpose of construction (which may include, but not be limited to: parking lot reconstruction,
drainage, retaining walls, street connections, and to temporarily and permanently re-grade slopes
and make cuts and fills to match new driveways, parking lot areas, street grade, sidewalks and
retaining walls). When deemed necessary by Grantee, Grantee may fence all or a portion of the
Easement Area from time to time during the performance of the work described herein ("Grantee's
Work"). Grantee shall at all times ensure that the Easement does not unreasonably interfere with
Grantor's access to the Property from the adjacent public right-of-way.
ln the event Grantee's utility connection work requires access to portions of the
Property in addition to that depicted in Exhibit "C", Grantee may enter into such additional property
for the purpose of reconnecting utilities that serve the Property and such entry will be governed
by the terms of the Easement.
Grantee shall be entitled to apply to public authorities having jurisdiction for any
and all permits necessary for the purposes described herein. Grantee shall be responsible for all
Temporary Construction Easement-Short Term-General
Form approved by Civil 10/06/1 7
Last saved byJames Chung on 1113119
ROW #: FL301
Page 1 of 4
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work performed under such permit(s), along with any and allfees which may accrue during review
of Grantee's permit application and after issuance of such permit(s).
3. Restoration. Subject to Paragraph 4, below, in the event private improvements in
the Easement Area are disturbed or damaged by any of Grantee's Work, upon completion of such
Work, Grantee shall, at Grantee's discretion, replace them with hardscape, gravel, or hydroseed,
or restore them to a condition that is as good as or better than that which existed prior to the use,
or as negotiated separately; provided, however, that such restoration shall be consistent with
Grantee's project improvements and the purposes described in Paragraph 2.
During the Term, Grantee may, on an interim basis, restore the Easement Area to
a reasonably safe and convenient condition.
4. Term of Easement. The term of the Easement (the "Term") shallcommence upon
mutual execution of this agreement. Following commencement of the Term, Grantor shall not
make any material modifications or improvements to the physicalcondition of the Easement Area
that would interfere with Grantee's use of the Easement for the purposes described in Paragraph
2. Grantee will provide fourteen (14) days written notice to Grantor before commencing Grantee's
Work within the Easement Area. Grantee shall be entitled to use the Easement Area for the
performance of Grantee's Work for a period of Twenty-Four (24)consecutive months (the
"Construction Period"). During the Construction Period, Grantee's use of the Easement Area shall
be exclusive. The Easement will remain in effect until:December 31 ,2024 or until completion of
restoration of the Easement Area, if any, as provided for in Section 3 of this Easement, whichever
occurs first. Grantee may, at its option, extend the Term, including the exclusive Construction
Period, for up to an additionalsix (6) months.
5. Pavment for Easement. Grantee will pay Grantor Thirty and 00/100ths Dollars
($3O.OOtr upon recording of this Easement. lf Grantee requires additional exclusive use past the
Construction Period, asprovided for in Section 4, Grantee will pay Zero and 84/100ths Dollars
($.a+1 per month for each month or portion of a month, that Grantee uses the Easement Area for
the purpose described in Paragraph 2.
6. Representations and lndemnifications. Grantee will exercise its rights under this
Easement in accordance with the requirements of all applicable statutes, orders, rules and
regulations of any public authority having jurisdiction. Grantee will indemnify Grantor from and
against any and all claims, costs, liabilities, and damages that arise from the exercise of the rights
granted in this Easement by Grantee, its agents, contractors and permittees to the extent such
claims, costs, liabilities and damages are caused by an act or omission of Grantee, its agents,
contractors and permittees. To the extent permitted by RCW 4.24.115 Grantee's obligations under
this indemnity shall not apply to the extent that any such claims, costs, liabilities and damages
arise from the negligence of Grantor, or Grantor's employees, agents and contractors.
7. Bindino Effect. This Easement is sol ely for the benefit of Grantee, and is personal
to Grantee, its successors in interest and assigns. Grantee may permit third parties to enter the
Easement Area to accomplish the purposes described herein, provided that all such parties abide
by the terms of this Easement. This Easement, and the duties, restrictions, limitations and
obligations herein created, run with the land, burden the Property and are binding upon Grantor
and its successors, assigns, mortgagees and sublessees and each and every person who, at any
time, has a fee, leasehold, mortgage or other interest in any part of the Easement Area.
L lnsurance. During the Term, Grantee must maintain commercial general liability
insurance with reasonable limits of liability covering Grantee, its agents, contractors and
permittees as to the exercise of Grantee's rights under this Easement within the Easement Area.
Grantee must provide Grantor, on request, certificates of insurance evidencing such coverage.
Grantee may provide the coverage required herein under blanket policies provided that the
coverage is not diminished as a result.
9. Leqal Proceedinqs. Grantor and Grantee agree that in the event it becomes
necessary for either of them to defend or institute legal proceedings as a result of the failure of
the other to comply with this Easement, the prevailing party in such litigation will be entitled to be
reimbursed for all costs incurred or expended in connection therewith, including, but not limited
to, reasonable attorney's fees (including paralegalfees and fees for any appeals) and court costs.
10. Condemnation. This Easement is granted under the threat of condemnation
Temporary Construction Easement-Short Term-General
Form approved by Civil 10/06/1 7
Last saved by.James Chung on 1113/19
ROW #: FL301
Page 2 of 4
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By:
Its:
11. Recordinq. Grantee will record this Easement in the real property records of
lfing County, Washington
iDated and signed this day of 201
Grantor: City of Kent, a municipal corporation
(Corporate)
STATE OF WASHINGTON
COUNTY OF King
I certify that I know or have satisfactory evidence that and
(is/are) the person(s) who appeared before me, and said
person(s) acknowledged that (he/she/they) signed this instrument, on oath stated that (he is/she
is /they are) authorized to execute the instrument and acknowledged it as the
and of
to be the free and voluntary act of such
party for the uses and purposes mentioned in this instrument
Dated:
Signature
Notary Public in and for the State of Washington
Notary (print name):
Residing at:
My appointment expires:
Temporary Construction Easement-Short Term-General
Form approved by Civil 10/06/17
Last saved byJames Chung on thghg'
ss.
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ROW #: FL301
Page 3 of 4
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Dated and signed on this day of
Day
By:
Month
201-.
Year
Crantee: Central P
Its:
Approved as to Form
By:
Sound Transit Legal Counsel
STATE OF WASHINGTON
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 is/she is) authorized
to execute the instrument and acknowledged it as theof CENTRAL PUGET
SOUND REGIONAL TRANSIT AUTHORIW to be the free and voluntary act of such party for the
uses and purposes mentioned in this instrument.
Dated
Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at:
My appointment expires:
Temporary Construction Easement-Short Term-General
Form approved by Civil 1 0/06/17
Last saved by James Chung on 1113119 :
)
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SS.
ROW #: FL301
Page 4 of 4
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EXHIBIT gA'
R/W No. FL30l
PIN 2822049017
CITY OF KENT, A MUNICIPAL CORPORATION
Grantorts Parcel:
THE SOUTH HALF OF THE WEST HALF OF THENORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 28, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON.
AND
TRACTS 21,22,29,34,31,32,47 AND THE EAST 16 FEET OF THE WEST 33 FEET OF TRACT 45,
SECOMA HI.WAY TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 37 OF
PLATS, PACE 42, IN KING COUNTY, WASHINGTON;
TOGETHER WITH THAT PORTION OF VACATED SOUTH 268TH STREET ADJOINI}.{C TRACTS 27,22,
31,32,29 AND 30.
SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON.
$rr- tD.&a.oc/+4"" * {'-Z't-t}
FL301 Legal.Doc John W. Gocdman $6t27t2018
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EXHIBIT "8"
R/WNo. FL301
PIN 2822049017
CITY OF KENT, A MTINICIPAL CORPORATION
Temporary Construction Easement Area Acquired by Grantee:
THAT PORTION OF GRANTOR'S PARCEL (SAID pARCEL BEING DESCRIBED IN EXHIBIT "A"),
MORE PARTICULARLY THAT PORTION OF THE EAST 16,00 FEET OF THE WEST 33.00 FEET OF LOT
45, SECOMA HI-WAY TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 37 OF
PLATS, PAGE 42, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID EAST 16.00 FEET;
THENCE, ALONG THE EASTERLY LINE OF SAID EAST 16.00 FEET, NO1'I2'45"8 A DISTANCE OF
I1"8I FEET TO THE POINT OF BEGINNINC;
THENCE, CONTINUINC ALONG SAID EASTERLY LINE, NOIO12'45UE A DISTANCE OF 15.00 FEET;
THENCE, LEAVING SAID EASTERLY LINE, N89"I7'39"W A DISTANCE OF 16.00 FEET TO THE
WESTERLY LINE OF SAID EAST 16.00 FEET;
THENCE, ALONG SAID WESTERLY LINE, SOIOI2'45"W A DISTANCE OF I5.OO FEET;
THENCE, LEAVING SAID WESTERLY LINE, S89"I7'39"E A DISTANCE OF 16.00 FEET TO THE POINT
OF BEGINNING.
CONTAININO 240 SQUARE FEET, MORE OR LESS.
Jd- q).
FL30l Legal.Doc John W. Ooodman
&-zt-tg
46t27t20t8
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FEE TAKE AND TEMPORARY CONSTRUCTION EASEMENT
E 112 SW 1/4 AND W 1i2 SE 1i4 SEC 28,T 22 N, R 4 E, W.M.
@ nec No.6262173; 16'ELEcrRrc ESMT
@ nec No.8oo912o8s7; 30'SEWER ESMT
REC NO" 8602270804 & 8603280852;
1O'SEWER ESMT
S nrc No. 80031s0420; 7' ELEcrRrc ESMT
@ nec No. 79ioo3o6os; wALL AND
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FEE TAKE TEMP CONST ESMT
150 75 0 150 300 NAD 83 (2011)
SCALE IN FEET
NOTE:
PARCEL AREA IS TAKEN FROM
COUNTY ASSESSOR RECORDS.
TEGFND
LIGHT RAIL TRANSIT WAY
STREET RIGHT-OF-WAY LINE
STREET CENTER LINE
PLATTED LOT LINE
PROPERTY LINE
PARENT PARCEL
FEE TAKE LINE
EASEMENT LINE PERMANENT
EASEMENT LINE TEMPORARY
r'':
pARCEL AREA: 1,174,654 SF C6NST ESMT;__a{!S5
FEE TAKE AREA, *____1.89_9.[
REMAINING P,gE6: 1,174,468 SF
EXHIBIT'C"
RYW NO. FL-301 PARCEL MAP
ASSESSOR NO.2822449017 p41E 06/2712018
OWNER; qITY OF KE!!T
BLocK No":** xtA_ LoT No.r t!/4
CITY OF KENT KING COUNTY, WA
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!E[ uN & ASS'.TATES
LINK LIGHT RAIL TRANSIT SYSTEM
8.J.a
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DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Easement for Puget Sound Energy - 640 Pressure Zone
North Pump Station No. 1 – Authorize
MOTION: Authorize the Mayor to sign all documents necessary to provide
Puget Sound Energy an easement for power service on parcel No.
1722059184 for the 640 Pressure Zone North Pump Station; subject to the
final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: In 2008, the City identified the need to increase water pressures in the
high elevation areas of the Kent water service area to meet regulatory
requirements. Hydraulic modeling and system planning was performed, culminating
in an adopted plan to construct a 640 Pressure Zone. Since 2008, many of the
required system improvements have been constructed - 640 Tank (2010/11), 112th
Avenue Water Main (2013), 3 Large Pressure Reducing Valves (2015), 550 Small
Individual Pressure Reducing Valves (2018), and other water main and isolation
valve improvements constructed by operations personnel.
The construction of the 640 Pressure Zone North Pump Station and one remaining
large pressure reducing valve are two remaining projects to be constructed. Council
awarded the construction contract for the pump station to Prospect Construction
Inc, on December 11, 2018. Operations staff will construct the remaining large
pressure reducing valve as part of their 2019 Work Plan. Upon completion of these
remaining improvements, the northern portion of the 640 Pressure Zone will be
activated. It is anticipated this will occur in the fall of 2020. Once activated, the
residents within the area will realize a water pressure increase of nearly 25 pounds
per square inch - almost doubling the current water pressure for residents in the
high elevation areas.
Puget Sound Energy (PSE) is the area service provider for electricity. A PSE owned
power transformer needs to be installed on City owned property to provide power
to the new north pump station. PSE requires an easement from the City for the
transformer installation and maintenance.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City
8.K
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ATTACHMENTS:
1. Kent Pump Station Easement (PDF)
09/16/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
10/1/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
8.K
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PSE UG Electric Easement 2019
WO105088457 / RW-110617
Page 1 of 5
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department
PO Box 97034 / EST-06W
Bellevue, WA 98009-9734
Attn: AY
EASEMENT
REFERENCE #:
GRANTOR (Owner): CITY OF KENT
GRANTEE (PSE): PUGET SOUND ENERGY, INC.
SHORT LEGAL: PORTION OF SE ¼ SEC. 17, TWP. 22 N., RNG 05 E., W.M., K.C.
ASSESSOR’S PROPERTY TAX PARCEL: 172205-9184
For and in consideration of good and valuable consid eration, the receipt and sufficiency of which are hereby
acknowledged, CITY OF KENT (“Owner" herein), a Washington municipal corporation, hereby grants and conveys
to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below,
a nonexclusive perpetual easement over, under, along across and through the following described real property (the
"Property" herein) in King County, Washington:
EAST 264 FEET OF THE NORTH ½ OF NORTHWEST ¼ OF SOUTHEAST ¼ OF
SOUTHEAST ¼ OF SECTION 17, TOWNSHIP 22 NORTH, RANGE 05 EAST, SITUATED IN
THE CITY OF KENT, COUNTY OF KING, AND STATE OF WASHINGTON
Except as may be otherwise set forth herein PSE's rights shall be exercised u pon that portion of the Property
("Easement Area" herein) described as follows:
SEE EXHIBIT “A” AND “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, mai ntain, repair,
replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution
and sale of electricity. Such systems may include, but are not limited to:
Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic
cable and other lines, cables and facilities for communications; semi -buried or ground-mounted facilities and
pads, manholes, meters, fixtures, attachments and any and all other facilit ies or appurtenances necessary or
convenient to any or all of the foregoing.
Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such
additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over
and across the Property to enable PSE to exercise its rights granted in this easement.
2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut,
remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the
8.K.a
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–
PSE UG Electric Easement 2019
WO105088457 / RW-110617
Page 2 of 5
right, but not the obligation, to control, on a continuing basis and by any prudent a nd reasonable means, the
establishment and growth of brush, trees or other vegetation in the Easement Area.
3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees
located on the Property outside the Easement Area that could, in PSE’s sole judgment, interfere with or create a
hazard to PSE’s systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify
such trees and make a reasonable effort to give Owner prior notic e that such trees will be cut, trimmed, removed or
disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber (if any) cut
and removed from the Property by PSE.
4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent
reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE’s work to the
condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case
Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed
as soon as reasonably possible after the completion of PSE’s work and shall be coordinated with O wner so as to
cause the minimum amount of disruption to Owner’s use of the Property.
5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, O wner shall not excavate within or otherwise
change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area
and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written conse nt.
6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of
the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall
require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the
negligence of others.
7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by
written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of
Owner. No termination shall be deemed to have occurred by PSE’s failure to install its systems on the Easement
Area.
8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all
of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the
foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns.
8.K.a
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PSE UG Electric Easement 2019
WO105088457 / RW-110617
Page 3 of 5
DATED this _______ day of ________________________________, 20_____.
OWNER: CITY OF KENT, a Washington municipal corporation
By: ___________________________________
Signature
___________________________________
Print name
Its: ___________________________________
title
STATE OF WASHINGTON )
) SS
COUNTY OF ___________ )
On this _______ day of ______________________, 20_____, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
________________________________________________________, to me known t o be the person(s) who signed
as ______________________________________________________, of CITY OF KENT, a Washington municipal
corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free
and voluntary act and deed and the free and voluntary act and deed of said corporation for the uses and purposes
therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said
corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
__________________________________________________
(Signature of Notary)
__________________________________________________
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington, residing
at ________________________________________________
My Appointment Expires: ______________________________
Notary seal, text and all notations must be inside 1” margins
8.K.a
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EXHIBIT
TAX LOT 1722Q59184
EASEMENT
THE SOUTH 3O.OO FEET OF THE NORTH 139,00 FEET OF THE WEST 13.00 FEET OF
THAT PORTION OF THE EAST 264 FEET OF THE NORTH HALF OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
17, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON,:
CONTAINING 390 SQUARE FEET, MORE OR LESS
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LOCATED IN THE SE 1/4 OF THE SE
1i4 OF SEC 17, TOWNSHIP 22 N,
RANGE 5 E, W.M.G
CITY OF KENT
LAND SURVEY SECTION DATEi 1l19l2O1B
SCALE: 1"=60'
DRAWN BY: TLM
EXHIBIT
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UTILITY EASEMENT
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SE 236TH PL
PRIVATE ROAD
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IMPORTANT:
THIS IS NOT A SURVEY. IT IS FURNISHED AS
A CONVENIENCE TO LOCATE THE LAND
INDICATED HEREON WITH REFERENCE TO
STREETS AND OTHER LAND. NO LIABILIry
IS ASSUMED BY REASON OF RELIANCE
HEREON.
Project# 16-3012
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LOCATED IN THE SE 1/4 OF THE SE
1i4 OF SEC 17, TOWNSHIP 22 N,
RANGE 5 E, W.M.G
CITY OF KENT
LAND SURVEY SECTION DATEi 1l19l2O1B
SCALE: 1"=60'
DRAWN BY: TLM
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UTILITY EASEMENT
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IMPORTANT:
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INDICATED HEREON WITH REFERENCE TO
STREETS AND OTHER LAND. NO LIABILIry
IS ASSUMED BY REASON OF RELIANCE
HEREON.
Project# 16-3012
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8.K.a
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DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Commercial Electric Facilities Contract with Puget Sound
Energy Power Service Upgrade for 640 Pressure Zone
Pump Station – Authorize
MOTION: Authorize the Mayor to sign a Commercial Electric Facilities
Contract with Puget Sound Energy in an amount not to exceed
$139,242.77, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: In 2008, the City identified the need to increase water pressures in the
high elevation areas of the Kent water service area to meet regulatory
requirements. Hydraulic modeling and system planning was performed, culminating
in an adopted plan to construct a 640 Pressure Zone. Since 2008, many of the
required system improvements have been constructed - 640 Tank (2010/11), 112th
Avenue water main (2013), 3 large pressure reducing valves (2015), 550 small
individual pressure reducing valves (2018), and other water main and isolation
valve improvements constructed by operations personnel.
The construction of the 640 Pressure Zone Booster Station and one remaining large
pressure reducing valve are two remaining projects to be constructed. Bids will be
solicited within the next 3 months for the construction of the booster station.
Operations staff will construct the remaining large pressure reducing valve as part
of their 2019 Work Plan. Upon completion of these remaining improvements, the
northern portion of the 640 Pressure Zone will be activated. It is anticipated this
will occur in the fall of 2020. Once activated, the residents within the area will
realize a water pressure increase of nearly 25 pounds per square inch - almost
doubling the current water pressure for residents in the high elevation areas.
Puget Sound Energy (PSE) is the area service provider for electricity. Three-phase
power is needed to operate the pumps at the City of Kent’s pump station which will
service the new 640 pressure zone. Currently there is no three-phase power along
112th Avenue S.E. or S.E. 236th Place. For this contract, PSE will complete the
following functions: trim trees along 112th Ave SE, install heavy duty cross arms on
the current power poles, replace an existing power pole with one large enough to
install the necessary fuse box, route power through an existing conduit to the City
of Kent property, install new transformer, and route power to a meter on the new
Pump Station #1 building. The City of Kent will provide a 50’ ditch to install conduit
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from the replaced pole location to an existing junction box.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City
ATTACHMENTS:
1. Commercial Electric Facilities Contract (PDF)
09/16/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
10/1/2019 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
8.L
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COMMERCIAL ELECTRIC FACILITIES CONTRACT
Contract is subject to
revision after 90 days
Summary of Charges:
Date
Customer Initials:
PSE WORKORDER NO.
CUSTOMER (OWNER) NAME CO-OWNER NAME (IF APPLICABLE)
SERVICE ADDRESS CITY STATE ZIP
BILLING ADDRESS CITY STATE ZIP
PHONE EMAIL
Customer Initials
Brief Description of Work:
Construction Costs:
Transformation Charges:
Less Applicable Margin Allowance:
Sub-Total (Potential Refundable Costs):
Permitting Fees*:
Relocation/Removal of Existing Facilities:
Other Non-Refundable Construction Charges:
Sub-Total (Non-Refundable Costs):
Total Amount to be Billed Under This Contract:
Brief Description of Other Costs:
Secondary Service Type (480 Voltage or Below) Base Cost
Single wire run to handhole or transformer $611.12
Each additional run of wire(per circuits) $140.60
Each additional trip beyond 1st trip due to customer requirements $418.48 per trip
Hourly rate for additional engineering $182.67
Underground Temporary Service Charge $182.00
Overhead Temporary Service Charge $260.00
Overhead Permanent Service Charge $1,039.57
SECONDARY SERVICE CHARGES (PERMANENT AND TEMPORARY) ARE NOT INCLUDED IN THE SUMMARY OF CHARGES ABOVE
Any applicable Secondary Service Type charges listed below will be billed after your service line installation, based on the actual work
performed. Base Costs, in the table below, include Schedule 87 tax and are current costs effective 11/1/2018. These charges also do not
include permitting fees, trenching and other excavation related work that is your responsibility. The Secondary Service Type charges from the
list below that apply to your project will be invoiced on a second bill.
By signing this contract you are authorizing PSE to continue with all the needed elements to complete your project. Upon
receipt of a signed contract, PSE will bill you for the amount indicated on the “Total Amount to Be Billed Under This
Contract” line. The bill will sent to the billing address listed on this contract. PSE requires payment of these line extension
charges prior to scheduling construction. Payments can be made via pse.com (fees may apply), by mail, or at a PSE Pay
Station. Delaying payment may result in a construction delay for your project. Customer requested changes in the scope
of the project may result in additional charges, and/or delays to your project.
*If the above Permitting Fees are associated with service work only, those costs will be billed with the applicable service
charges below after the service is energized.
Signature:Name:Title:Date:
WA
$
$
$
$
$
$
$
$
$
DocuSign Envelope ID: E9DEB31E-8456-4DAC-9E97-1C32E5CA3104
bbond@kentwa.gov
136833.54
Kent
0
0
Kent
11302 SE 236th PL
139242.77
0
2409.23
220 4th Ave S WA
105088457
0
Installing 3 - 3 phase overhead line extension, 1 overhead
to underground 3 phase line extension, and 1 - 3 phase
padmount transformer.
-Permitting: $2,409.23
-Labor: $56,399.3
-Material: $28,869.8
-Transformation: $5,906.88
-Tree Trimming: $45,657.56
TOTAL NON-REFUNDABLE: $139,242.77
City of Kent - Water
0
98032
253-856-5662
139242.77
98031
Non-refundable charges due to high LRC, extensive tree
trimming, and forfeiting operating rights to PSE.
09/09/2019 8.L.a
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TERMS AND CONDITIONS
PROJECT INFORMATION
1.The PSE drawing shows the proposed scope of your project including the location of permanent, above ground
electrical facilities required to provide electrical service to your project. Fault current information for transformers
associated with your project is noted on the work sketch drawing. Please review this drawing as soon as possible
to ensure there are no unforeseen conflicts between PSE’s design and your project. If you determine there are
conflicts or if you identify a discrepancy while reviewing the drawing for your project, please contact me at the
number below. This is attached as Exhibit A.
2.Additional construction-related information and information on metering and service entrance requirements
areprovided in PSE’s Electric Service handbook for commercial projects. If you would like a copy of the
handbook please contact me at the number below. It is your responsibility to provide your project manager, site
superintendent, and/or subcontractors with any relevant information from this correspondence that apply to their
work in support of your project.
3.The Excavation Requirements & Final Grade Certification must be signed by the project owner or designee and
returned to me along with a signed copy of this contract. This is attached as Exhibit B.
4.Transformers have been sized for diversified commercial loads only, and shall not be used for high load factor
(continuous) temporary power uses, such as electric heaters for dry-out. Fault currents for non- residential
transformers in your project are noted on the attached PSE design drawing. Please notify the PSE representative
listed on this contract immediately if you believe there are conflicts between this design and your project. It is
your responsibility to provide your project manager, site superintendent, and subcontractors with any information
from this correspondence and it’s attachments that apply to their work.
POTENTIAL REFUNDS
Margin Allowance:
If PSE has not provided a Margin Allowance or if your Margin Allowance exceeds $75,000, PSE agrees to
calculate and refund the Margin Allowance, subject to Schedule 85, up to two (2) years after the line extension
is energized. Customers are responsible for making the refund request.
DIM Refund:
Other refunds associated with the line extension charge may be available if additional permanent service hook-ups
are made to your line extension. These service hook-ups must be made within five (5) years of the date on which
your project is initially energized Customers are responsible for making all refund requests. A refund may be
requested one (1) time within six (6) years of the date on which your line extension is initially energized. It is the
customer’s responsibility to make the refund request. Your refund request should be directed to PSE’s Customer
Accounting Coordinators at Schedule85refundrequests@pse.com.
RATE SCHEDULE 85
All terms and conditions, costs, and refunds are in accordance with PSE’s Rate Schedule 85, and any
discrepancies between this contract and the Rate Schedule will be resolved in favor of the Rate Schedule. Rate
Schedule 85 contains more detailed information covering costs, refunds, rights, and obligations than is reflected in
this contract. The entirety of Rate Schedule 85 can be viewed at PSE’s website www.pse.com.
This cost information is valid for 90 days from the date of this contract. Should we receive your contract after this
period, the costs will be subject to changes.
The amount noted on this contract is an estimated cost; however PSE’s Schedule 85 line extension tariff requires
customers to pay the actual cost of construction. PSE will determine the actual cost of the job once construction is
complete. If the actual cost of the job is more than 10% above or below the estimated cost, an additional billing or
refund will result to account for the difference.
5.The requirements for trenching by customers on public right-of-ways and/or on Puget Sound Energy easements
must be signed by the project owner or designee and returned along with a signed copy of this contract. This is
attached as Exhibit C.
DocuSign Envelope ID: E9DEB31E-8456-4DAC-9E97-1C32E5CA3104
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REQUIREMENTS FOR TRENCHING BY CUSTOMERS ON PUBLIC RIGHT-OF-WAYS AND/OR ON PUGET
SOUND ENERGY, INC. EASEMENTS
The following outlines most local governmental guidelines and company standards for trenching on a public right-of-way
or Puget Sound Energy, Inc. (PSE) easement. Any trenching performed by the customer, or their contractor, under a PSE
permit or easement must comply with these requirements.
1.All trench construction must be performed by a Washington State licensed and bonded contractor.
2.Trench excavation, backfill, restoration, and facility placement must be coordinated with a PSE designated
representative, and receive on-site approval by that representative, and local jurisdiction.
3.Right-of-way easement trenching and backfill must be performed during normal business hours, Monday through
Friday. Same day excavation and backfill is required for all trenching. Job start notification to the local jurisdiction
is the responsibility of Potelco, Inc. Customer shall notify Potelco Project Manager three working days prior to
trenching. Penalties for failure to comply with this requirement will be borne by the customer.
4.If the job scope requires excavation beyond a single day, fencing and barricading must be installed around utility
facilities exposed above the trench, if allowed, must be in accordance with local regulatory requirements.
5.PSE, all participating utilities, and One-Call Locate, must be notified a minimum of 72 hours in advance of the
date and time for right-of-way trenching and facility placement. The One-Call Locate number is 1-800-424-5555.
State law requires locating service notification.
6.Excavated material must remain clear of the roadway whenever possible. Excavation material, spoils, and debris
shall be removed off-site each day, in accordance with local regulatory requirements. All erosion control
requirements in accordance with local regulatory requirements are the responsibility of the customer.
7.Material excavated from the shoulder of the right-of-way shall be properly disposed, and replaced with select
backfill material in accordance with local regulatory requirements.
8.Proper compaction is required to comply with local regulatory specifications. If the permit requires compaction
testing, the cost of said testing is the responsibility of the customer.
9.All permit requirements, traffic control plans, traffic control and flagging shall meet local regulatory specifications
and satisfaction.
10.In the event of failure to abide by the above requirements, PSE reserves the right, at its sole discretion, to assume
trenching. In the event of delays due to equipment failure, PSE may assume trenching to meet regulatory and
joint construction requirements. The customer is responsible for all trenching costs, and will reimburse the
company for costs should PSE perform the trenching.
11.The customer agrees to indemnify, defend and hold harmless PSE from all liability (including reasonable
attorneys' fees) arising out of, or in connection with, the above mentioned trenching activities.
I AGREE TO ADHERE TO THE ABOVE CONDITIONS
Customer Initials:
Customer Initials:
Signature:Name:Title:Date:
Work Order Number: Service Address:
DocuSign Envelope ID: E9DEB31E-8456-4DAC-9E97-1C32E5CA3104
1050884579803111302 SE 236th PL Kent
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PSE ELECTRICAL FACILITIES
EXCAVATION REQUIREMENTS AND FINAL GRADE CERTIFICATION
1.
This document is an agreement between Puget Sound Energy (PSE) and the Owner/Developer (Developer) who is
providing excavation for the installation of PSE's facilities. This document does not provide an easement for operating
rights. If PSE determines that a recordable easement on the Developer's property or other property is necessary, it shall be
the Developer's responsibility to obtain such easements in a form acceptable to PSE prior to construction.
PURPOSE
Developer is responsible for acquiring utility locates by calling One-Call, 1-800-424-5555 at least 48 hours (two full
working week days) prior to digging. The excavation must meet the requirements of the Washington Administrative
Code and Safety Standards.
Developer shall call the PSE contact person noted below for trench and route approval prior to starting excavation.
The electrical primary trench shall be excavated to provide a minimum of 36 inches of facility coverage, to a maximum
trench depth of 48 inches. The electric service trench shall be excavated to provide a minimum of 24 inches of facility
coverage, to a maximum trench depth of 36 inches. A 12 inch horizontal separation is required between PSE electrical
facilities and other utilities within a joint trench.
All back fill must be free of sharp objects and construction debris. Developer shall provide and install sand bedding and
shading for electrical facility protection as directed by PSE's contact person. Developer is responsible for any damages
caused by improper backfill or compaction.
Developer agrees to maintain a minimum of 2 feet of horizontal clearance between PSE conduit, pipe or conductors and
any foundation on Developer's property.
The vault excavation shall be dug to the dimensions noted on the attached work sketch. Vault holes shall have a solid
level bottom with a 6 inch deep layer of crushed rock bedding.
Developer shall provide the excavation for PSE electrical facilities within the designed location. Developer shall identify
and provide final grade,property lines, and utility easements prior to installation of PSE's electrical facilities.
Developer will be financially liable for the relocation of PSE's facilities which are inadequately covered, located outside
the area where PSE has adequate operating rights, improperly graded inhibiting standard access and/or any damages
resulting from dig-ins due to changes or variations in grade that are made after the installation of PSE's facilities.
EXCAVATION REQUIREMENTS
The requirements and conditions outlined below apply when you provide the excavation for PSE's electrical facilities as a
condition of receiving electrical service for your project. If you need additional information, please call the PSE contact
person listed below.
2.
3.
4.
5.
2806 08/15
6.
FINAL GRADE CERTIFICATION
By my signing below, I certify that the electrical facilities work area shall be at final grade prior to excavation. I assume full
responsibility for my excavation work and the resulting location of these facilities. I also agree to indemnify, defend, and hold
harmless Puget Sound Energy from all liability arising out of, or in connection with my work, including but not limited to all
claims, losses, damages, and expenses, including reasonable attorney's fees, which result from my failure to excavate
within easement areas or rights-of-way, or from digging without adequate rights on adjoining properties.
7.
8.
Work Order Number: Service Address:
Signature:Name:Title:Date:
DocuSign Envelope ID: E9DEB31E-8456-4DAC-9E97-1C32E5CA3104
98031 105088457Kent11302 SE 236th PL
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DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Solid Waste Management Local Solid Waste Financial
Assistance Agreement with State of Washington
Department of Ecology – Authorize
MOTION: Authorize the Mayor to sign the Department of Ecology Local
Solid Waste Financial Assistance Agreement Grant in the amount not to
exceed $61,070.67, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
SUMMARY: The Solid Waste Management Local Solid Waste Financial Assistance
Agreement is a two-year grant funded by the Washington State Department of
Ecology. This Grant funds the residential recycling collection events, multi-family
education and outreach and the purchasing and distribution of products made from
recycled content. It pays 75% of the “total eligible cost” which for Kent is
$45,803.00. The remaining 25% ($15,267.67) must be matched by the City of Kent
and will be funded by the King County Waste Reduction and Recycling Grant and
the Local Hazardous Waste Management Program Grant.
BUDGET IMPACT: The City will receive from the Washington State Department of
Ecology $45,803.00, distributed on a cost basis as tasks are completed. The
required 25% match of $15,267.67 will come from the King County Waste
Reduction and Recycling Grant and the Local Hazardous Waste Management
Program Grant.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
ATTACHMENTS:
1. Solid Waste Management Local Solid Waste Financial Assistance Agreement
(PDF)
09/16/19 Public Works Committee RECOMMENDED TO
COUNCIL
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RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
10/1/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
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Agreement No. SWMLSWFA-2019-KentPW-00047
SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF KENT
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and CITY OF KENT, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
2019-2021 LSWFA City of Kent IMP
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
The RECIPIENT (City of Kent) will spend $61,070.67 hosting six (6) residential recycling collection events, recycling
an estimated 197,200 tons of recyclable material, 3.48 tons of organics, and 1.16 tons of household hazardous waste
(HHW) during the 2019-2021 grant cycle.
Project Long Description:
See the Scope of Work section for more detailed information related to individual Tasks .
Overall Goal:
Provide regional solutions and intergovernmental cooperation ; prevent or minimize environmental contamination through
planning and project implementation; and comply with state and local solid and hazardous waste management plans and
laws.
$210,000.00
$61,070.67
$45,803.00
$15,267.67
10/01/2019
06/30/2021
Planning/Implementation
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Page 2 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
CITY OF KENT
91-6001254
020253613
220 Fourth Ave S
Kent, WA 98032
220 Fourth Ave S
Kent, Washington 98032
tdonati@kentwa.gov
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Page 3 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
Tony Donati
Conservation Coordinator
220 Fourth Ave S
Kent, Washington 98032
Email: tdonati@kentwa.gov
Phone: (253) 856-5589
Authorized
Signatory
Corey Frame
Financial Analyst
220 Fourth Ave S
Kent, Washington 98032
Email: cframe@kentwa.gov
Phone: (253) 856-5511
Billing Contact
Project Manager
Authorized
Signatory
Dana Ralph
Mayor
220 Fourth Ave S
Kent, Washington 98032
Email: dralph@kentwa.gov
Phone: (253) 856-5700
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Page 4 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
Contacts
Project
Manager
Financial
Manager
Vicki Colgan
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: vcol461@ecy.wa.gov
Phone: (425) 649-7224
Vicki Colgan
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: vcol461@ecy.wa.gov
Phone: (425) 649-7224
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Solid Waste Management
PO BOX 47600
Olympia, WA 98504-7600
Solid Waste Management
300 Desmond Drive SE
Lacey, WA 98503
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Page 5 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains the entire understanding between the parties , and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Solid Waste Management
Date Date
CITY OF KENT
Laurie Davies
Mayor
Dana Ralph
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
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Page 6 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
SCOPE OF WORK
Task Number:1 Task Cost: $61,070.67
Task Title:Recycling Operations
Task Description:
The RECIPIENT will spend $61,071.67 holding up to six (6) residential recycling collection events in a convenient city location
and collecting recyclable materials, organics and household hazardous waste (HHW). Educational materials that describe how
to reduce waste and recycle more using City-sponsored or private sector recycling programs, will also be distributed.
These are popular and well-attended community events, which require advertising, organizing, staging, staffing, distribution of
the outreach materials, scheduling and paying vendors, and calculating and reporting outcomes of each event to Ecology. Costs
for these activities and associated salaries and benefits are eligible for LSWFA reimbursement . Costs incurred by contractors to
implement work identified in this Task are subject to the same eligibility and reimbursement requirements as those for the
RECIPIENT, and also require ECOLOGY approval .
The RECIPIENT may charge user fees for some items or may drop user fees to increase volume of materials collected . The
RECIPIENT will also credit this grant for any revenue received from fees or commodity sales on items this grant is directly
supporting. Please note: LSWFA does not pay for costs covered by existing product stewardship programs or any new ones
implemented during this Agreement .
Fees for membership in civic, business, technical and or professional organizations must be pre -approved by Ecology and are
reimbursable through costs reimbursed for indirect. When a RECIPIENT does not charge indirect, such fees, with prior
approval, may be billed directly under two conditions: 1. Membership is for staff who work 100% of their time on the Task;
and 2. Membership is determined reasonable and necessary to complete the Task .
The RECIPIENT also agrees to obtain an ECOLOGY review before printing promotional or other materials to be paid for by
monies granted under this Agreement . The full text of this requirement can be found in Provision #19 in the General Terms and
Conditions below.
ECOLOGY now requires the RECIPIENT verify, to the best of their knowledge, that materials handled under this Task as
recyclables are, in fact, recycled and not disposed. To meet this requirement, the RECIPIENT will complete and upload into
EAGL the Recycling Verification Form(s) provided. ECOLOGY also asks the RECIPIENT upload verification form (s)
voluntarily for all others in the chain-of-custody that handle these materials. When any collection or vendor changes occur
during the Agreement period, the RECIPIENT will upload amended verification in EAGL.
Task Goal Statement:
To reduce waste going to the landfill and prevent environmental pollution by holding well -organized collection events .
Task Expected Outcome:
The collection events proposed are expected to net an estimated 197,200 tons of recyclable material, 3.48 tons of organics,
and 1.16 tons of HHW from an anticipated participation of 1,740 residents, out of an estimated 102,660 residential contacts
made during this Agreement. The participation numbers are no longer required this cycle, but if available, they make a good
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Page 7 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
case for the usefulness, as well as the popularity of these community events. Metrics reported will represent the percentage that
LSWFA pays of the total project cost.
The RECIPIENT will report program progress each Quarter, whether or not eligible costs or progress related to these events
have occurred.
Recipient Task Coordinator: Tony Donati
Deliverables
Recycling Operations
Number Description Due Date
1.1 Work as defined in the Scope of Work for this Agreement is implemented.06/30/2021
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Page 8 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
BUDGET
Funding Distribution EG200053
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
MTCO Model Toxics Control Operating
100%
Local Solid Waste Financial Assistance
Type:
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 25%
25%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
City of Kent IMP
10/01/2019 06/30/2021
Grant
City of Kent IMP Task Total
Recycling Operations 61,070.67$
61,070.67$Total:
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Page 9 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%45,803.00 61,070.6715,267.6725.00City of Kent IMP
Total $$15,267.67 45,803.00 $61,070.67
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly . The Spending Plan and
Outcomes Data Collection form must be submitted along with a Payment Request/Progress Report. By checking the box
provided in the Outcomes Data Collection section of the form, the RECIPIENT certifies that the outcomes reported for that
quarter represent ONLY what was achieved with LSWFA (Ecology share plus local contribution). RECIPIENT shall not
report outcomes achieved with funds that exceed the LSWFA Agreement’s total budget .
RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial (including payment
requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement
of payment requests received after this date.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
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Page 10 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required DUNS number, at
www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
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Page 11 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3.ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources .
The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural
artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
•For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor
Executive Order 05-05, Archaeology and Cultural Resources.
•For projects with any federal involvement, if required, comply with the National Historic Preservation Act .
•Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
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Page 12 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
•Make the IDP readily available to anyone working at the project site .
•Discuss the IDP with staff and contractors working at the project site .
•Implement the IDP when cultural resources or human remains are found at the project site .
c)If any archeological or historic resources are found while conducting work under this Agreement :
•Immediately stop work and notify the ECOLOGY Program , the Department of Archaeology and Historic Preservation at
(360) 586-3064, any affected Tribe, and the local government.
d)If any human remains are found while conducting work under this Agreement :
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, and then the
ECOLOGY Program.
e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting cultural resources and human remains.
5.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e)ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof,
has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement ,
as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial, performance, and
other reports required by this agreement. Failure to comply may result in delayed reimbursement.
8.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
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Page 13 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
Washington which affect wages and job safety .
b)RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11.DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a)RECIPIENT notifies the funding program of an appeal request .
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
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Page 14 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
•Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
•Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13.GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15.INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
16.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
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Page 15 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior
to production and distribution.
b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b)RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c)RECIPIENT shall use ECOLOGY’s provided progress report format .
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
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Page 16 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e)RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21.PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g)Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common file to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement .
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Page 17 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26.SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
27.SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
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Page 18 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c)By Mutual Agreement
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Page 19 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
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DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Resolution of Intent – Sales and Use Tax for Affordable
Housing - Adopt
MOTION: Adopt Resolution No. 1995, declaring the City's intent to
authorize a sales and use tax for affordable and supportive housing in
accordance with Substitute House Bill 1406.
SUMMARY: In the 2019 Regular Session, the Washington State Legislature passed
Substitute House Bill 1406 (“SHB 1406”). SHB 1406 creates a revenue sharing
program for local governments which authorizes a local sales and use tax credit.
The tax will be credited against state sales taxes collected within the City, meaning
that taxes collected are, in effect, shifted from the state to the City, and no
additional taxes are paid by consumers.
The additional funds directed to the City as a result of the tax credit may be used
for the acquisition, construction or rehabilitation of affordable housing or facilities
providing supportive housing, and for the operations and maintenance costs of such
housing.
In order to secure the additional funding provided by the program, the City Council
must first pass a resolution by January 27, 2020, declaring its intent to adopt
legislation to authorize the maximum capacity of the tax. While this declaration of
intent does not bind the City to any future action, it is required in order to preserve
the City’s ability to impose the tax and access the additional funding. The City is not
required to decide how the funds will be used at this time, but the City Council must
pass legislation imposing the tax by July 27, 2020. If adopted, the tax credit would
be effective for up to 20 years.
Staff is currently evaluating options for how the City can best utilize and leverage
the additional funds.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
ATTACHMENTS:
8.N
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1. Resolution of Intent for HB 1406 Sales and Use Tax for Affordable Housing –
Adopt (PDF)
09/17/19 Operations Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
10/1/2019 7:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: Dennis Higgins, Councilmember
AYES: Les Thomas, Bill Boyce, Dennis Higgins
8.N
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1 Sales and Use Tax for Affordable
Housing
RESOLUTION NO. 1995
A RESOLUTION of the City Council of the
City of Kent, Washington, declaring the intent of
the City Council to adopt legislation to authorize a
sales and use tax for affordable and supportive
housing in accordance with Substitute House Bill
1406 (Chapter 338, Laws of 2019).
RECITALS
A. In the 2019 Regular Session, the Washington State
Legislature passed, and the Governor signed, Substitute House Bill 1406
(Chapter 338, Laws of 2019) (“SHB 1406”).
B. SHB 1406 authorizes the governing body of a city or county to
impose a local sales and use tax for the acquisition, construction or
rehabilitation of affordable housing or facilities providing supportive
housing, and for the operations and maintenance costs of affordable or
supportive housing.
C. The tax will be credited against state sales taxes collected
within the City and, therefore, will not result in higher sales and use taxes
within the City and will represent an additional source of funding to address
housing needs in the City.
8.N.a
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2 Sales and Use Tax for Affordable
Housing
D. Additional funding is desirable to address the City’s housing
need, and the City Council has determined that imposing the sales and use
tax to address this need will benefit its citizens.
E. The tax must be used to assist persons whose income is at or
below sixty percent of the City median income.
F. In order for the City to impose the tax, within six months of
the effective date of SHB 1406, or January 28, 2020, the City Council must
adopt a resolution of intent to authorize the maximum capacity of the tax,
and within twelve months of the effective date of SHB 1406, or July 28,
2020, must adopt legislation to authorize the maximum capacity of the tax.
G. This resolution constitutes the resolution of intent required by
SHB 1406, and the City Council now desires to declare its intent to impose
a local sales and use tax as set forth herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Resolution of Intent. The City Council declares its
intent to adopt legislation to authorize the maximum capacity of the sales
and use tax authorized by SHB 1406 within one year of the effective date of
SHB 1406, or by July 28, 2020.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
resolution and the same shall remain in full force and effect.
8.N.a
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3 Sales and Use Tax for Affordable
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SECTION 3. – Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 4. – Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
October 1, 2019
DANA RALPH, MAYOR Date Approved
ATTEST:
October 1, 2019
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Ordinance Adopting 2018 Docketed Comprehensive Plan
Amendments – Adopt
MOTION: Adopt Ordinance No. 4335, approving 2018 docketed
comprehensive plan amendments CPA-2018-5, as proposed by the
applicant, and CPA-2018-2, as modified by staff-proposed alternative
Option 2, as presented by staff.
SUMMARY: The City received three docket applications by the annual September
1, 2018 deadline for amendments to the Comprehensive Plan Land Use Map. The
three proposals were identified as CPA-2018-01, CPA-2018-2, and CPA-2018-5;
CPA-2018-01 was later withdrawn. Both proposals under consideration seek to
amend existing land use designations to Mixed Use. Proposed sites consist of:
CPA-2018-2: one 1.96-acre parcel on Military Road currently designated
Commercial.
CPA-2018-5: two parcels totaling 1.37 acres on 104th Avenue S.E., currently
designated SF-8.
The staff report includes background information, an analysis of public benefit and
consistency with comprehensive plan policies, exhibits depicting the proposed sites
and vicinity, and staff’s analysis for each proposal. Analysis are based upon the
standards of review listed in Kent City Code.
A hearing was held at LUPB on August 26th, 2019, after which the LUPB voted to
recommend approval of CPA-2018-5 as proposed by the applicant, and CPA-2018-
2, as modified by staff-proposed alternative Option 2.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Innovative Government
ATTACHMENTS:
1. Comp Plan Docket Amendments 2018 Ordinance (PDF)
2. 2018 Comp Plan Amendments Staff Report_Final (PDF)
8.O
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09/09/19 Economic and Community Development Committee
RECOMMENDED TO COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
10/1/2019 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Bill Boyce, Satwinder Kaur, Marli Larimer
8.O
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ORDINANCE NO. 4335
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending the
Comprehensive Plan Land Use Plan Map
designations in compliance with the requirements
of the Growth Management Act (CPA-2018-2, CPA-
2018-5).
RECITALS
A. The Washington State Growth Management Act (“GMA”)
requires internal consistency among comprehensive plan elements.
B. To assure that comprehensive plans remain relevant and up
to date, the GMA requires each jurisdiction to establish procedures
whereby amendments to the plan are considered by the city council, and
limits these amendments to once each year unless certain circumstances
exist.
C. The City of Kent has established a procedure for amending
the Comprehensive Plan in chapter 12.02 of the Kent City Code, which sets
a deadline of September 1st of each year for submittal of requests for
comprehensive plan amendments.
D. The City received three timely applications to amend the
comprehensive plan’s land use designation map. The applications involve
parcels located at: (1) 12218 SE 288th Pl (CPA-2018-01), (2) 24700
Military Rd./36th Ave. S (CPA-2018-2), and (3) 245XX and 24518 104th
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Ave. SE (CPA-2018-5). The application for CPA-2018-01 was later
withdrawn from consideration.
E. Parcel 2222049142, located at 24700 Military Rd./36th Ave. S
is currently designated Commercial and the applicants are requesting a
plan designation of Mixed Use (MU) (CPA-2018-2). Adjacent parcels
2222049153, 1253200025, 2222049145, 1253200015, 2222049010,
1253200020, 1253200070, 1253200075, 1253200010, and 1253200005
are also currently designated Commercial (C). A portion of parcel
2222049144 is currently designated Commercial (C), with the remainder
designated Single-Family 8 units per acre. Parcel 1253200040 is currently
designated Single-Family 8 units per acre.
F. Parcels 7830800296 and 7830800300, located at 245XX and
24518 104th Ave. SE are currently designated Single Family, eight units
per acre (SF-8). The applicants are requesting a plan designation of Mixed
Use (MU).
G. The City of Kent Land Use and Planning Board considered
these amendment requests at a regularly scheduled workshop on
08/12/2019, and at a public hearing on 08/26/2019. It recommended
approval of CPA-2018-5, as proposed by the applicant, and approval of
CPA-2018-2, as modified by staff-proposed alternative Option 2. The
Economic and Community Development Committee also considered the
applications at its meeting on 09/09/2019, and also recommended
approval of CPA-2018-5, as proposed by the applicant, and approval of
CPA-2018-2, as modified by staff-proposed alternative Option 2.
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3 Comprehensive Plan Amendments -
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H. The City’s SEPA responsible official issued a SEPA Addendum
for the proposed amendments on 08/02/2019.
I. On 11/26/2018 the Washington State Department of
Commerce was notified of the proposed amendments. No comments were
received.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Incorporation of Recitals. The preceding recitals are
incorporated herein by this reference and constitute the city council’s
findings on this matter. Council hereby approves CPA-2018-5, as
proposed by the applicant, and approves of CPA-2018-2, as modified by
staff-proposed alternative Option 2, as presented to the Land Use and
Planning Board and the Economic and Community Development
Committee.
SECTION 2. – Amendment. The Kent Comprehensive Plan is
hereby amended to establish new land use plan map designations for the
following parcels:
A. Parcels 2222049153, 1253200025, 2222049145, 1253200015,
2222049142, 2222049010, 1253200020, 1253200070,
1253200075, 1253200010, 1253200005, 2222049144, and
1253200040 located on Military Rd./36th Ave. S from land use
designations of Commercial (C) and Single-Family 8 units per
acre (SF-8) to a land use designation of Mixed Use (MU) as
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4 Comprehensive Plan Amendments -
Land Use Plan Map Designations
depicted in the map attached and incorporated as Exhibit “A”
(CPA-2018-2).
B. Parcels 7830800296 and 7830800300, located at 245XX and
24518 104th Ave. SE, from a land use designation of Single
Family, eight units per acre (SF-8) to a land use designation of
Mixed Use (MU), as depicted in the map attached and
incorporated as Exhibit “B” (CPA-2018-5), with the condition that
at such time a development project is proposed for this site, the
applicant shall provide proof of legal access to 104th Avenue
Southeast. Access to the residential neighborhood that is to the
east of these parcels shall not be permitted.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 4. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 5. – Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
October 1, 2019
DANA RALPH, MAYOR Date Approved
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5 Comprehensive Plan Amendments -
Land Use Plan Map Designations
ATTEST:
October 1, 2019
KIMBERLY A. KOMOTO, CITY CLERK Date Adopted
October 4, 2019
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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3
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S 248 St
S 247 St
S 2 4 9 Pl 35 Pl S
S 249 St
36 Av S
35 Pl S
S 248 St
3
5
A
v
S
2222049153
2222049145
1253200015
2222049142
2222049010
1253200020
1253200070
12532000751253200010
1253200005
2222049144
1253200040
1253200025
Pictometry International Corp.
¯
0 500 1,000Feet
Exhibit AMilitary Road: CPA-2018-2
13 Parcels: 2222049153, 1253200025, 2222049145, 1253200015, 2222049142, 2222049010, 1253200020,1253200070, 1253200075, 1253200010, 1253200005, 2222049144, 1253200040
Commercial (C) and Single-Family Residential (8 units per acre) to Mixed Use (MU)
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106 Av SE
104 Av SE
7830800296
7830800300
Pictometry International Corp.
¯
0 150 300Feet
Exhibit B104th Ave: CPA-2018-5
2 Parcels: 7830800296, 7830800300
Single Family - 8 (SF-8) to Mixed Use (MU)
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Comprehensive Plan Amendment Requests for
2018
Docketed Items #CPA -2018-2 , #CPA -2018-5
Introduction
The City received three docket applications by the annual Sept. 1st deadline for amendments to
the Comprehensive Plan Land Use Map; one application, CPA-2018-01, was later withdrawn.
The two proposals to be considered are identified as CPA-2018-2 and CPA-2018-5. This staff
report includes background information, an analysis of public benefit and consistency with
comprehensive plan policies, exhibits depicting the proposed sites and vicinity, and a staff
recommendation for each proposal. Analysis and recommendations are based upon the
standards of review listed in Kent City Code.
(Note: city staff proposed a fourth land use plan map amendment for a property located at
10860 SE 196th Street due to a misconception regarding the owner’s desire for the city to rectify
an inadvertent split-zoning issue. Since determining the owner has no interest in rectifying the
split-zoning, this amendment has been removed from consideration.)
Proposal Name Addresses Existing Designation Proposed
Designation
A – CPA-2018-2 Military Rd. 24700 Military Road Commercial (C) Mixed Use (MU)
B – CPA-2018-5 104th Ave. 24518 104th Ave. SE Single-Family (SF-8) Mixed Use (MU)
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Proposal CPA-2018-2
Applicant requests re-designation from Commercial (C) to Mixed Use (MU).
Background:
The proposed site consists of one 1.96-acre parcel at 24700 Military Road. It has full urban
services and is located on an active transit corridor; it is also less than a mile from the Kent Des
Moines Park & Ride.
The proposed site currently contains a mix of retail and commercial uses and a significant
amount of surface parking. The applicant intends to reinvest in the property and construct a
mixed-use development after pursuing a rezone to CC-MU or GC-MU. The property fronts 36th
Ave. S/Military Rd., a minor arterial, and has its back to 38th Ave. S, a residential collector.
It is generally best practice to avoid amending the land use plan map in a way that creates
“islands” in which a single parcel has a land use designation that is different from all other
properties surrounding it. With that in mind, staff has developed a more strategic alternative to
the proposal, which also includes the surrounding properties, totaling 13 properties and 5.67
acres. The staff alternative would amend the land use designation for all properties in the
immediate area currently designated Commercial, as well as the remainder of the split-
designated lot to the south and an adjacent single-family lot. For purposes of the following policy
analysis, the greater area that is being considered as part of the staff alternative shall be
referred to as “the larger site.”
Seven of the 13 proposed parcels are developed with various retail and commercial uses and
parking, with nearly 100% site coverage. Three parcels are owned by the City of Kent and
currently function as a neighborhood park, although a large municipal water tower is planned to
be installed on these lots. Two parcels to the south of the City-owned lots contain single-family
residences, of which one takes ingress/egress from Military Rd., and the other from S 249th St.
The southwesternmost parcel on the site contains a daycare center which has operated in this
location for several decades under a Conditional Use Permit. A CUP is required of in-home
businesses in single-family residential zones. This parcel, on the corner of Military Rd. and S
249th St., as well as the single-family property directly to the east have recently been purchased
and come under a single owner, who intends to use both properties for commercial operations.
Although this is currently not allowed without a new CUP, it signals unmet demand for additional
neighborhood commercial services in this area.
Relevant Comprehensive Plan Goals and Policies:
Goal LU-3: Kent will focus household and employment growth in the Urban Center and
designated Activity Centers to provide adequate land and densities to accommodate a large
portion of the adopted 20-year housing target of 10,858 new dwelling units and 15,648 new jobs
within Kent’s Planning Area.
Staff comment: The Kent comprehensive plan and the regional and countywide planning
framework under which it operates emphasize the targeting of growth in designated centers.
Although the proposed amendment is not within Kent’s designated activity centers, it is within a
half mile of the Midway activity center. Therefore, this proposal would be somewhat consistent
with the intent of this goal.
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Policy LU-6.3: Locate housing opportunities with a variety of densities within close proximity to
employment, shopping, transit, human and community services.
Staff Comment: The proposal site (and larger site) is located within close proximity to transit,
commercial services and shopping, and an elementary school. Additional density in this area
would fulfill the intent of this policy.
Goal LU-7: Kent will provide opportunities for a variety of housing types, options and densities
throughout the City to meet the community’s changing demographics.
Staff comment: The majority of Kent’s residential areas are single-family. If this proposed or
larger site is designated Mixed Use and eventually rezoned and redeveloped as a mixed-use
development with multifamily residential housing, it would provide a greater variety of housing
types, options, and density than currently exists.
Policy LU-10.1: Examine commercial nodes, corridors and subareas for existing attributes and
opportunities to revitalize the commercial uses, connect with surrounding residential
neighborhoods and support multimodal transportation facilities.
Staff comment: This unique commercial node is near existing transit service, including a well-
served King County Metro Park & Ride facility, and it is adjacent to residential neighborhoods
that could benefit from increased commercial options.
Policy LU-10.2: Ensure opportunities for residential development within existing business
districts to provide support for shops, services and employment within walking distance.
Staff comment: The proposed site and larger site contain existing businesses that could benefit
from the support of on-site multi-family residential uses. New residential uses on this proposed
site, or eventually on the larger site, could provide an opportunity for people who work at these
businesses to live close to their places of work.
Policy LU-10.4: Promote redevelopment of existing commercial properties by limiting the
conversion of additional residential land use plan map designations to commercial land use plan
map designations.
Staff comment: The proposed site, as well as a majority of the parcels in the larger site, are
currently designated and zoned Commercial, meaning that residential uses are not allowed
here. This change would introduce new residential capacity without limiting commercial
capacity, and would increase the likelihood of redevelopment of these commercial properties by
potentially creating greater financial viability.
A small segment (1.5 parcels) of the larger site is residential; converting to Mixed Use (a
commercial designation), would seem to conflict with this policy. However, the long-term
operation of a commercial daycare on this property, and the property-owner’s interest in
incorporating a second adjacent owned parcel into the commercial use, indicates that there is
an unmet demand for commercial property in this area. Access to Military Rd., a minor arterial,
makes this an appropriate place for a Mixed Use designation, allowing commercial uses,
particularly since that would be consistent with its current use.
Goal H-2: Encourage a variety of housing types.
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Staff comment: Kent’s residential areas are majority single-family. Higher-density residential
opportunities near existing and potential new commercial uses could offer a housing option that
meets alternative housing needs and preferences.
Policy H-2.2: Encourage infill development and recycling of land to provide adequate residential
sites.
Staff comment: Designating this underutilized land as Mixed Use, which could allow multi-family
residential uses if a rezone were requested and approved, would encourage infill development
by adding to the potential financial viability of a redevelopment project here.
Policy T-1.1: Locate commercial, industrial, multifamily and other uses that generate high levels
of traffic in designated activity centers around intersections of principal or minor arterials, or
around freeway interchanges.
Staff comment: The larger site is located primarily along Military Rd., a minor arterial, at its “Y”
intersection with a residential collector (38th Ave. S). While 38th Ave S. is classified as a
residential collector, its environment for the first two blocks south of its intersection with Military
Rd. is unique to that road classification due to the existing commercial uses to the west and the
National Guard Armory to the east. With careful attention to appropriate access points, and
construction of road frontage improvements consistent with the requirements in Kent’s Design
and Construction Standards, as well as consideration of bus stop amenities as appropriate,
commercial and multi-family residential uses would be appropriate here in fitting with this policy.
Applying the Standards of Review:
1. The amendment will not result in development that will adversely affect the public health,
safety, and general welfare.
Staff comment: Staff mailed letters to property owners within 300ft. of the parcels proposed for
re-designation in the larger site and received four comments, two of which were concerned with
increased traffic, one of which was supportive of the change due to an expectation of increased
property values from a mixed-use designation, and a fourth was neutral on the changes. Due to
concurrency requirements, and transportation impact fees to pay for additional trips generated
by new development, staff has concluded that new development here would not adversely
impact public health, safety, and general welfare.
2. The amendment is based upon new information that was not available at the time of adoption
of the comprehensive plan, or that circumstances have changed since the adoption of the plan
that warrant an amendment to the plan.
Staff comment: The need for housing variety and options has steadily increased regionally each
year due to population and job growth and housing demand. Changes in market preferences
also result in increasing demand for multi-family and mixed-use options since Kent’s
comprehensive plan was adopted in 2015.
3. The amendment will result in long-term benefits to the community as a whole and is in the
best interest of the community.
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Staff comment: This comprehensive plan map amendment could result in development that
could provide more opportunities for a wider variety of housing, improve redevelopment
opportunities for an underutilized commercial area, introduce live/work opportunities, and
provide additional commercial services and amenities for nearby neighborhoods.
4. The amendment is consistent with other goals and policies of the comprehensive plan, and
that the amendment will maintain concurrency between the land use, transportation, and capital
facilities elements of the plan.
Staff comment: The amendment meets several goals and policies in the comprehensive plan as
described above. It would be an efficient use of existing and planned infrastructure serving
existing commercial and adjacent residential areas.
Recommendation:
Staff recommends approval of the staff-modified proposal for re-designation of the larger site.
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Proposal CPA-2018-5
Applicant requests re-designation from Single-Family 8 (SF-8) to Mixed Use
(MU).
Background
The proposed site consists of two parcels totaling 1.37 acres, currently designated Single-
Family, 8 dwelling units per acre. The proposal is to re-designate these parcels to Mixed Use
(MU), reflecting the designation of adjacent parcels fronting 104th Avenue SE. The properties
proposed for re-designation are behind two lots which front 104th Avenue SE, and each has a
private easement recorded on its deed for access to the public street. The City of Kent
Development Engineering Division has requested that access to 104th Avenue SE be ensured
as a condition of any land use plan map amendments or future development of these properties;
access to 106th Avenue SE, to the east of the parcels, will be prohibited.
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The site is adjacent to Morrill Meadows Park, where a new YMCA facility and redesigned park is
currently under construction, representing a significant public-private investment. This location
has bus stops within 300 feet that serve Metro routes 164, 168, and 169 with frequent peak
service, and it is located along one of the proposed alignments of the King County RapidRide I-
Line.
City of Kent GIS data indicate a wetland present in the southwest corner of the southern parcel
(7830800296); however, a wetland delineation completed as part of the Morrill Meadows YMCA
project in 2016 indicates that these wetlands no longer exist, and are in fact storm water
features that terminate south of the property boundary.
Relevant Comprehensive Plan Goals and Policies:
Policy LU-3.1: Encourage mixed-use development that combines retail, office, or residential
uses to provide a diverse and economically vibrant Urban Center and designated Activity
Centers.
Staff comment: Re-designation of these two parcels to Mixed Use would meet the intent of this
policy, encouraging mixed use development (which could contain a mix of retail, office, or
residential uses) along an active transit corridor and near a major new parks facility. It would
promote diverse and economically vibrant development along the 104th Ave. SE corridor, which
is envisioned as mixed use, but which has remained underdeveloped single-family residential.
Policy LU-6.3: Locate housing opportunities with a variety of densities within close proximity to
employment, shopping, transit, human and community services.
Staff comment: Re-designation of these two parcels to Mixed Use would allow for assemblage
of properties along a proposed high-capacity transit route (RapidRide I-Line), thereby facilitating
redevelopment of these and adjacent parcels. After a meeting with the applicant, staff
understands that these parcels may be under the same ownership and could easily be
assembled for a larger-scale mixed use development. These properties are in close proximity
to Morrill Meadows Park, which includes recreation and community service opportunities. A
commercial shopping center, including a major grocery and department store, is within two
blocks of the properties proposed for re-designation.
Goal LU-7: Kent will provide opportunities for a variety of housing types, options and densities
throughout the City to meet the community’s changing demographics.
Staff comment: As stated above, the majority of Kent’s residential areas are single-family. If this
site is designated Mixed Use and eventually rezoned and redeveloped as a mixed-use
development with multifamily residential housing, it would provide a greater variety of housing
types, options, and density than currently exists.
Goal H-2: Encourage a variety of housing types.
Staff comment: See staff comment above pertaining to housing variety.
Goal LU-10.2: Ensure opportunities for residential development within existing business
districts to provide support for shops, services, and employment within walking distance.
Staff comment: This site is envisioned as mixed use, but currently contains aging single-family
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residences. Redevelopment of this site into a large mixed-use development which includes
multi-family residences would increase the number of residential units in close proximity to the
existing retail center located two blocks from the properties proposed for re-designation.
Policy H-2.2: Encourage infill development and recycling of land to provide adequate residential
sites.
Staff comment: Designating this underutilized land as Mixed Use could allow commercial and
multi-family residential uses if a rezone were requested and approved. This would encourage
infill development by adding to the financial viability of a redevelopment project here, and
through parcel assemblage would facilitate the transition of adjacent parcels to mixed use as
envisioned in Kent’s comprehensive plan.
Policy T-1.1: Locate commercial, industrial, multifamily and other uses that generate high levels
of traffic in designated activity centers around intersections of principal or minor arterials, or
around freeway interchanges.
Staff comment: The site is located behind, and has access through, two parcels which are
located on 104th Avenue SE, a principal arterial as classified in Kent’s Transportation Master
Plan. Per conversations with the applicant, it is likely the parcels proposed for re-designation
would be assembled with those fronting 104th Avenue SE.
Applying the Standards of Review:
1. The amendment will not result in development that will adversely affect the public health,
safety, and general welfare.
Staff comment: Staff mailed letters to property owners within 300 ft. of the properties proposed
for re-designation. A single comment was received as of the writing of this report, neutral on the
changes but requesting information. Development resulting from this proposed land use plan
map amendment would be beneficial to the general public welfare by promoting assemblage
and redevelopment of underutilized land.
2. The amendment is based upon new information that was not available at the time of adoption
of the comprehensive plan, or that circumstances have changed since the adoption of the plan
that warrant an amendment to the plan.
Staff comment: The need for housing variety and options has steadily increased regionally each
year due to population and job growth and housing demand. Changes in market preferences
also result in increasing demand for multi-family and mixed-use options since Kent’s
comprehensive plan was adopted in 2015.
3. The amendment will result in long-term benefits to the community as a whole and is in the
best interest of the community.
Staff comment: This comprehensive plan map amendment could facilitate development that
would provide more opportunities for a wider variety of housing, improve redevelopment
opportunities for an underutilized area envisioned as mixed use but currently retaining aging
single-family residences, introduce live/work opportunities, and provide additional commercial
services and amenities for nearby neighborhoods.
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4. The amendment is consistent with other goals and policies of the comprehensive plan, and
that the amendment will maintain concurrency between the land use, transportation, and capital
facilities elements of the plan.
Staff comment: The amendment meets several goals and policies in the comprehensive plan as
described above. It would be an efficient use of existing and planned transportation and transit
infrastructure, as well as significant City and private investment in an adjacent park and
community services facility. Future development occurring as a result of the land use plan map
amendment would be expected to meet concurrency requirements.
Recommendation:
Staff recommends approval of the applicant’s proposal.
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DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Reappoint Bryan Powell, John Casey, David Kwok and Tim
Higgins to the Lodging Tax Advisory Committee – Confirm
MOTION: Confirm the following reappointments to the Lodging Tax
Advisory Committee: Bryan Powell for a three-year term that will expire on
May 31, 2022; John Casey and David Kwok for three-year terms that will
expire on July 31, 2022; and Tim Higgins for a three-year term that will
expire on September 5, 2022.
SUMMARY: The Lodging Tax Advisory Committee serves in an advisory capacity to
the Mayor and City Council, and makes reports and recommendations regarding the
expenditure of lodging tax revenues. The program is designed to fund the
marketing, operation and promotion of activities, events or projects that promote
Kent as a destination for business or leisure activity, and ultimately bring more
people to the city.
Committee membership is comprised of four members appointed by the City
Council who represent businesses required to collect tax, and four members
appointed by the City Council who are people involved in activities authorized to
receive revenue under Chapter 67.28 RCW; and the council president appoints a
member of the Council to serve as a member of and to chair the Lodging Tax
Advisory Committee.
Organizations representing businesses required to collect tax and organizations
involved in activities authorized to receive revenue under said tax, as well as local
agencies involved in tourism and promotion, may submit recommendations for
membership on the committee.
Bryan Powell and David Kwok are being reappointed as a representative of hotel
interests. John Casey is an attorney with Curran Law Group representing both the
Kent Chamber and the Kent Downtown Partnership - organizations eligible to utilize
Lodging Tax funds. Tim Higgins is the Managing Director of the accesso ShoWare
Center, Kent’s largest event venue which hosts sporting events, concerts and other
activities which draw visitors to the city.
SUPPORTS STRATEGIC PLAN GOAL:
8.P
Packet Pg. 145
Thriving City
09/11/19 Lodging Tax Advisory Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
10/1/2019 7:00 PM
AYES: Bill Boyce, John Casey, Andrew Hutchison, Bryan Powell
ABSENT: Mohamad Abouelrous, Tim Higgins, David Kwok, Barbara
Smith
8.P
Packet Pg. 146
DATE: October 1, 2019
TO: Kent City Council
SUBJECT: Kent Correctional Facility Fencing Project Bid - Award
MOTION: Award the Kent Correctional Facility Fencing Project to Olympic
Peninsula Construction, Inc. in the amount of $205,645 and authorize the
Mayor to sign all necessary documents, subject to final terms and
conditions acceptable to the City Attorney and the Parks, Recreation and
Community Services Director.
SUMMARY: The work called for in this contract will provide security fencing and
access control for secure staff parking and inmate transfers between the Municipal
Court and the Correctional facility.
The bid opening for the Kent Correctional Facility Fencing Project was held on
August 28, 2019, with two bids received. The lowest responsible and responsive bid
was submitted by Olympic Peninsula Construction, Inc. in the amount of
$205,645.00.
Bid Tab Summary
01. CFC Construction (non-responsive - incomplete bid) $163,000 $16,300
(10% WSST) $179,300
02. Olympic Peninsula Construction, Inc. $186,950 $18,695 (10% WSST)
$205,645
Architect’s Estimate $150,000 to $170,000
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
ATTACHMENTS:
1. Kent Correctional Facility Fencing Bid Tab (PDF)
10.A
Packet Pg. 147
E Exhibit A
Exhibit A
City of Kent Facilities Management
Bid Opening
Project: Kent Correctional Facility Fencing________________________
Project #: FAC19-71__________________________________________
Date: August 28, 2019 Due / Open: 2:00 PM________
Location: Chambers West Addenda Issued: None
Bidders Bid Amount Bid Bond
CFC Construction $163,000 (Rejected) N/A
Olympic Peninsula Construction $186,950 (Accepted) N/A
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Architect’s Estimate $150,000.00 - $170,000.00
The apparent low responsible bidder is: Olympic Peninsula Construction
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