HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 5/17/2016adccW11411
Mayor Suzette Cooke
Council President Bill Boyce
Councilmembers
Jim Berrios
Tina Budell
Brenda Fincher
Dennis Higgins
Dana Ralph
Les Thomas
City of Kent
Council MeetingAgenda
May 17, 2016
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KENT CITY COUNCIL AGENDAS
May 17, 2016
Council Chambers
Mayor Suzette Cooke
Council President Bill Boyce
Councilmember Jim Berrios Councilmember Tina Budell
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Dana Ralph Councilmember Les Thomas
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COUNCIL WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Washington State Housing Finance Commission Rich Zwicker 45 min
2016 Legislative Session Recap Doug Levy 30 min
Code Enforcement Lean Update Matt Gilbert 15 min
COUNCIL MEETING AGENDA
7 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
4. PUBLIC COMMUNICATIONS
A. Historical Note from Kent’s 125th Anniversary
B. Public Recognition
C. Washington Women in Trades Job Fair Award
D. Appointments to the Lodging Tax Advisory Committee
E. Proclamation for Women’s Vascular Screening Week
F. Proclamation for Affordable Housing Week
G. Proclamation for National Trails Day at Clark Lake Park
H. Proclamation for Relay for Life
I. Community Events
J. Public Safety Report
K. Intergovernmental Reports
5. PUBLIC HEARING
6. PUBLIC COMMENT - Please state your name and address for the record. You
will have up to three (3) 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. For more
details regarding the public comment process, please refer to the section
titled, “Public Comments,” on the reverse side.
7. CONSENT CALENDAR
A. Minutes of Previous Meetings and Workshops – Approve
(Continued)
COUNCIL MEETING AGENDA CONTINUED
B. Payment of Bills – Approve
C. Surplus of Utility Equipment and Materials – Set Hearing Date
D. Consultant Services Agreement with AMEC Foster Wheeler Environment &
Infrastructure, Inc. for Soils Testing at Leber Property – Authorize
E. Consultant Services Agreement with Landau Associates for Geotechnical
& Environmental Services During Construction of the 72nd Ave S.
Extension Project – Authorize
F. ICMA-RC Three Year Administrative Services Agreement – Authorize
G. Bill of Sale for Stryker Business Center at Pacific Gateway – Accept
H. Appointments to the Lodging Tax Advisory Committee – Approve
I. Countywide Planning Policies, Strategies for Affordable Housing -
Resolution – Adopt
J. Building and Fire Codes Adoption and Amendments – Ordinance – Adopt
8. OTHER BUSINESS
A. Real Property Surplus Policy – Ordinance – Adopt
9. BIDS
A. 2016 Crack Sealing – Award
10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office. The Agenda Summary page and complete packet are on the website at
KentWA.gov
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at 253.856.5725. For TDD relay service, call the Washington
Telecommunications Relay Service at 1.800.833.6388.
COUNCIL WORKSHOP
1) Washington State Housing Finance Commission, Rich Zwicker
2) 2016 Legislative Session Recap, Doug Levy
3) Code Enforcement Lean Update, Matt Gilbert
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CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF
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PUBLIC COMMUNICATIONS
A) Historical Note from Kent’s 125th Anniversary
B) Public Recognition
C) Washington Women in Trades Job Fair Award
D) Appointments to the Lodging Tax Advisory Committee
E) Proclamation for Women’s Vascular Screening Week
F) Proclamation for Affordable Housing Week
G) Proclamation for National Trails Day at Clark Lake Park
H) Proclamation for Relay for Life
I) Community Events
J) Public Safety Report
K) Intergovernmental Reports
PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A & 7B_
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through J.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the regular council meeting of March 1, the workshop
and regular council meeting of March 15th and the workshop of April 5, 2016.
7B. Approval of Bills:
Approval of payment of the bills received through April 15 and paid on April 15
after auditing by the Operations Committee on May 3, 2016.
Approval of checks issued for vouchers:
Date Check Numbers Amount
4/15/2016 Wire Transfers 6626 - 6645 $2,190,184.35
4/15/2016 Regular Checks 702527 - 702917 $1,656,591.07
Void Checks ($1,644.34)
4/15/2016 Use Tax Payable $4,697.35
$3,849,828.43
Approval of checks issued for payroll for April 1 through April 15 and paid on
April 20, 2016:
Date Check Numbers Amount
4/20/2016 Checks $0.00
Voids and Reissues
4/20/2016 Advices 365003 - 365877 $1,441,918.95
$1,441,918.95
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Kent City Council Meeting Minutes
March 1, 2016
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke.
Councilmembers present: Boyce, Berrios, Budell, Fincher, Higgins, Ralph, and Thomas.
CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF. Chief
Administrative Officer Derek Matheson recommended adding item 4G, Council
President statement on Pinetree Park, remove Item 9A, Asphalt Overlays Project –
Award, and add Item 11B, Executive Session for Potential Litigation.
PUBLIC COMMUNICATIONS
A. Historical Note from Kent’s 125th Anniversary – Craig Allen Reitan, on behalf
of the Greater Kent Historical, discussed Howard Leese of the rock band Heart. He
discussed Mr. Leese’s music career and his time in the City.
B. Public Recognition – None.
C. Community Events – Council President Boyce highlighted that the Tacoma Stars
closed out their season by beating Ontario with a score of 5-4 and will begin the
playoffs on March 2. “Peppa Pig Live” will be at the ShoWare Center on March 3 and
“You, Me, We” is this weekend. He stated that Ladies Night Out at the ShoWare Center
is on May 28.
Mayor Cooke announced that she will be giving the State of the City Address on March
9 at the ShoWare Center at 11:30 am.
D. Introduction of East Pointe Neighborhood Council – Toni Azzola,
Neighborhood Program Coordinator discussed the Neighborhood Program, its newest
neighborhood council, East Pointe, and said it consists of ninety-seven homes.
E. Economic and Community Development Report – Ben Wolters, Economic and
Community Development Director highlighted demographic trends and how they affect
development in Kent. He stated that because millennials represent the largest part of
the entire workforce in the United States, the need for attached and small lot homes is
increasing. In a recent survey, 55 percent of respondents said that they would prefer a
smaller lot if there were amenities such as shopping and restaurants close by. He
added that 49 percent of millennials are moving into the suburbs and still want the
amenities of an urban environment and the market has been responding by providing
walkability, density, and smaller lots. He highlighted Kent Station, the Platform, and
Dwell and said in the past there would have been retail built on those properties, now,
apartments are there. He discussed the new Kent Highline Sound Transit station and
highlighted that Blue Origin has grown to 450 employees and they are hiring 300 more
with 60 of their employees residing in Kent.
Kent City Council Meeting Minutes March 1, 2016
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F. Intergovernmental Reports – Council President Boyce communicated that the
next Sound Cities Association Public Issues Committee meeting is on March 9.
Councilmember Budell communicated that her first Domestic Violence Initiative
meeting is on March 10.
Councilmember Higgins stated that the Regional Transit Committee met and the Metro
Service Guidelines document was reviewed. He added that there is an issue with
equity and non-equity since Seattle has purchased routes for their City. He stated that
Metro will not cut those services that are fully funded by other cities which means that
Kent routes may be cut because the City doesn’t currently fund its routes. He stated
that their next meeting will be on March 16.
Mayor Cooke stated that she is interested in what the Sound Cities Association will
come up with on this and is concerned.
Councilmember Berrios stated that he is an alternate on the Economic and
Development District Board and their meeting is tomorrow.
Councilmember Ralph noted that the Regional Law Justice and Safety Board met and
was briefed on a King County policy revision to put more youth in detention centers.
The goal, she said, should be to reconnect the youth with services instead of placing
them in secure detention. In the second presentation on gangs and gun violence, she
said, it was announced that there is a relatively small number of people committing
most of the gang violence and communities and cities need to partner to work on the
issue. She also attended the Suburban Cities Association meeting and homelessness
was discussed.
Councilmember Fincher said she attended the Mental Illness and Drug Dependency
Committee meeting and funding, to include the disproportional funding for South King
County. Second, she stated that the King Conservation District has moved their
meetings to every other month.
Mayor Cooke recognized Assistant Chief John Straus and noted that he is retiring on
March 31, 2016. Straus communicated that this is a great City to work for and
highlighted the excellent Police staff. He communicated that there are openings in the
Police Department and the pay is competitive.
G. Council President Statement on Pine Tree Park. Council President Boyce
stated that the discussion concerning Pine Tree Park began in 2012 and thanked the
residents for their calls, emails, and letters concerning the sale. He stated that there
hasn’t been any side deals and everything was done out in the open. He announced
that the Council will be pausing to reassess options and there will be a workshop on
March 15 to discuss the impending sale.
PUBLIC HEARING
None.
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PUBLIC COMMENT
1. Kristy Herrick, Kent – Herrick thanked the Council for the time they have spent
on the issue and hoped the Council reviewed the attorney’s letter. The letter, she said,
highlights the five reasons the sale shouldn’t go through and explained all of them.
She added that the community looks forward to a resolution.
Councilmember Higgins communicated that there is a funding issue with the Parks
system and noted a $60 million deferred maintenance backlog. He inquired with
Herrick how the City could fix the problem and Herrick replied that if the City can’t
maintain the park, the community could. She stated that millennials also want parks
and this is an important piece of property that isn’t costing the City much to maintain.
2. Carrie Stark, Kent – Stark stated that any funds that come from selling a park
have to be reinvested in a park. She stated that she is concerned about the ShoWare
Center and suggested selling the ShoWare to fix the parks. She highlighted that
Pinetree Park was purchased with Forward Thrust funds and selling it for a housing
development is wrong. She stated that Forward Thrust was created to stop urban
sprawl from taking over open space and property.
3. Mauree Ludwig, Kent – Ludwig communicated that her family moved to Kent in
1964 and is concerned about how the sale has been handled. She discussed Forward
Thrust and the purchase of Pine Tree Park. She expressed concern that the park can
be sold without a vote of the residents.
4. Al Lynden, Kent – Lynden stated that it is sad that the park is being sold. He said
the citizens weren’t given the chance to buy it or to get the best value from it. He
stated that if the City was interested in obtaining the best value it should have listed
the property openly which would have led to the property being sold at its highest
value. He wants the Council to stop the sale.
Councilmember Higgins asked how the City could address the $60 million deferred
maintenance deficit to which Lynden replied that the deficit doesn’t have anything to
do with this. He stated that the King County Council has said that the funds from the
sale of a park can only be used for a park. He noted that if the park is sold any bond
issue brought forth by the City in the future won’t pass.
Councilmember Thomas communicated that all of the Council knows is that any funds
derived from the sale of Pine Tree Park need to be invested in another park.
5. Jacob Dreifus, Kent – Dreifus communicated that he is supporting the community
and that this is a rotten deal since $2 million isn’t going to solve the problem. He
stated that the residents are what matters most and noted that he found it interesting
that the Council should have considered the repercussions prior to moving forward
with the sale of Pine Tree Park.
Dreifus replied to Councilmember Higgins and stated that there needs to be a different
way to sell property. He added that if the community and the Council work together
there can be a solution.
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6. Logan Evans, Kent – Evans said there needs to be a conversion request for this
park and there hasn’t been one issued. He noted that this will harm the decision
history of the Council. He suggested Pine Tree Park be used as a community garden.
7. Hal O’Brien, Kent – O’Brien thanked the Mayor for his appointment to the Arts
Commission. He noted that the language of the Forward Thrust agreement states that
it will remain a park in perpetuity and if the contract is broken there will be additional
expenses to the City with a risk premium assessed.
Councilmember Thomas moved to admit the letter submitted by Kristy
Herrick’s attorney into the record, seconded by Councilmember Berrios.
Motion carried 7-0.
Councilmember Berrios communicated that he won’t be at the March 15 Council
meeting. He said he toured Pine Tree Park two years ago and it was in bad shape. He
noted that there are maintenance issues with the parks and the parks levy failed. He
stated that the community needs to understand that the Council is trying to do the
best that it can, and being called unethical is wrong because there is nothing unethical
being done here. He noted that King County informed the City that the park could be
sold and the proceeds could be used to improve other parks. He communicated that
the sale of Pine Tree Park could be done to acquire other parks, but wondered why the
Council would do that when the City can’t maintain the current parks inventory. He
stated that in light of where we are at, it is clear to him that the Council should do
everything it can to save Pine Tree Park. However, the financial obligation to the
taxpayers still exists. He appreciated what the Council has done, and noted that the
decision to pause in this process was not made because of a letter from an attorney or
a King County Councilmember.
CONSENT CALENDAR
Council President Boyce moved to approve Consent Calendar items A through
M, seconded by Councilmember Thomas. Motion carried 7-0.
A. Approval of Minutes – Approve. Minutes of the workshop meeting of February 2
and special meetings of February 5 and February 6, 2016 were approved.
B. Approval of Bills – Approve. Bills received through January 31 and paid on
January 31 after auditing by the Operations Committee on February 16, 2016.
C. Consultant Services Agreement with Visual Pavement Rating Services, Inc.
for Visual Pavement Condition Survey. The Mayor was authorized to sign a
consultant services agreement with Visual Pavement Rating Services, Inc., in an
amount not to exceed $65,000, to perform visual pavement condition surveys for all
City of Kent streets, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
D. Consultant Services Agreement with Tetra Tech, Inc. for 80th Avenue S.
Pavement Rehabilitation – Authorize. The Mayor was authorized to sign a
Kent City Council Meeting Minutes March 1, 2016
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consultant services agreement with Tetra Tech, Inc., in an amount not to exceed
$46,712.28, for the purpose of providing engineering services for the 80th Avenue
South pavement rehabilitation project, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
E. Emergency Management Performance Grant Memorandum of
Understanding – Authorize. The Mayor was authorized to sign the Memorandum of
Understanding with the Kent Fire Department Regional Fire Authority regarding the
administration of an Emergency Management Performance Grant, subject to final
terms and conditions acceptable to the Finance Director and City Attorney.
F. Lease Agreement with Scotch and Vine for the Riverbend Golf Complex
Restaurant – Authorize. The Mayor was authorized to sign all documents necessary
to enter into a lease agreement with RL Kids LLC, d/b/a Scotch and Vine, for the
restaurant at Riverbend Golf Complex, subject to terms and conditions acceptable to
the Parks Director and the City Attorney.
G. 2015 Consolidated Annual Performance Evaluation Report – Approve. The
council approved the 2015 Consolidated Annual Performance and Evaluation Report
and authorized the Mayor to submit the report to HUD.
H. Consultant Services Agreement with the Housing Development Consortium
for Sub-regional Planning Efforts – Authorize. The council amended the budget to
move $20,000 in year-end savings from the 2015 biennium budget to the 2016
biennium budget, authorized the expenditure of those funds, and authorized the Mayor
to sign a Consultant Services Agreement with the Housing Development Consortium of
Seattle—King County, in an amount not to exceed $20,000, for sub-regional planning
efforts, subject to final agreement terms and conditions acceptable to the Parks
Director and the City Attorney.
I. Consultant Services Agreement with Reid Middleton for the Lake Meridian
Dock Replacement Project – Authorize. The Mayor was authorized to sign a
consultant services agreement with Reid Middleton Inc., in an amount not to exceed
$197,660 for the Lake Meridian Floating Dock Replacement Project, subject to final
terms and conditions acceptable to the Parks Director and the City Attorney.
J. Consultant Services Agreement with D.A. Hogan for Synthetic Turf
Conversion Project at Hogan Park Field #1 – Authorize. The Mayor was
authorized to sign a consultant services agreement with D. A. Hogan & Associates, in
an amount not to exceed $136,195.00, for conversion of Field #1 at Hogan Park to
synthetic turf, subject to final terms and conditions acceptable to the Parks Director
and the City Attorney.
K. Recognition of East Pointe Neighborhood Council – Resolution – Adopt.
Resolution No. 1921 was adopted, recognizing the East Pointe Neighborhood Council,
supporting its community building efforts, and conferring all opportunities offered by
the City’s Neighborhood Program.
Kent City Council Meeting Minutes March 1, 2016
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L. Leber Homestead Soil Preparation Project – Accept as Complete. The Mayor
was authorized to accept the Leber Homestead Soil Preparation project as complete
and release retainage to Buckley Nursery Co., upon receipt of standard releases from
the state and the release of any liens.
M. Hawkesbury Division 2 Final Plat – Approve. The Council approved the final
plat mylar for Hawkesbury Division 2 final plat and authorized the Mayor to sign the
mylar.
OTHER BUSINESS
A. Regional Fire Authority Fire Benefit Charge – Resolution in Support –
Adopt. Chief Administrative Officer Derek Matheson communicated the Regional Fire
Authority (RFA) basis of the fire benefit charge and noted that the resolution expresses
Council support for the ballot proposition.
Councilmember Thomas moved to adopt Resolution No. 1922 in support of the
Kent Fire Department Regional Fire Authority’s April 26, 2016, ballot
proposition on the continuation of the RFA’s fire benefit charge, seconded by
Councilmember Higgins.
Councilmember Thomas highlighted that the Kent Fire Department has done a great
job and supports them wholeheartedly.
A vote was taken on the motion on the table which carried 7-0.
BIDS
A. Asphalt Overlays Project – Award. This item was removed from the agenda.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. – Council President Boyce highlighted that there were two
items at the workshop. First, was a presentation from the Public Works Vegetation
Management Team and the second presentation was from the Port of Seattle.
B. Mayor. Mayor Cooke discussed her attendance at the Executive Committee for the
State Route 167 meeting and the discussion was about the continuation of SR167 to
the Port of Tacoma. She highlighted SR 509 and explained that the reasoning to
bolster both of these routes is to increase jobs and traffic to both the Port of Seattle
and Tacoma. She also attended the King County Economic Development Council and it
was noted that there will be a financial dip over the next couple of years. However, she
added that this period won’t be anything close to what occurred in 2009. She also
attended the Association of Washington Cities (AWC) meeting where homelessness
was discussed. She announced that Governor Inslee has requested that AWC
representatives meet with him this Friday to discuss homelessness.
C. Chief Administrative Officer. – Chief Administrative Officer Derek Matheson
noted that his report for March 1 is in the packet and there is an executive session
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tonight for property negotiations concerning the purchase of property with no action
scheduled.
D. Economic & Community Development Committee. – No report.
E. Operations Committee. – Councilmember Ralph stated that the water leak
ordinance adjustment was discussed and she reviewed the proposed ordinance. She
added that a contract was approved by the Committee for a new City website. Finally,
she stated that a contract for Scotch and Vine Restaurant to open on May 1 at the
Riverbend Golf Complex was approved.
F. Parks and Human Services Committee. – Councilmember Fincher stated that
the Committee said farewell to Victoria Andrews. The Committee received information
about an employee who would be shared by the cities in King County to look at
homeless services with the title of South King County Regional Planner.
G. Public Safety Committee. – Councilmember Berrios noted that the next meeting
of the Committee is next Tuesday at 4:30 p.m.
H. Public Works Committee. – Councilmember Fincher stated that there are six
bridges in the City to be inspected. However, she said there are questions regarding
how the inspections will be paid for. She added that there was discussion on pavement
rehabilitation on 88th Avenue South, the grade separation project on 228th, the James
Street improvements, the Green River levees, and the quieter zone.
I. Regional Fire Authority. – Councilmember Thomas noted the next meeting is on
March 16.
RECESS
At 8:48 p.m., Mayor Cooke called for a recess of five minutes. The recess was
extended for an additional five minutes in order to clear the Council Chamber.
EXECUTIVE SESSION
A. Property Negotiations, as per RCW 42.30.110(1)(b).
B. Potential Litigation, as per RCW 42.30.110(1)(i).
At 8:58 p.m., Mayor Cooke announced that the Council would enter into an Executive
Session for forty-five minutes to discuss property negotiations as per RCW
42.30.110(1)(b) and potential litigation as per RCW 42.30.110(1)(i).
At 9:43 p.m., Mayor Cooke extended the Executive Session for ten minutes.
At 9:53 p.m., Mayor Cooke extended the Executive Session for five minutes.
At 9:58 p.m., Mayor Cooke extended the Executive Session for ten minutes.
Kent City Council Meeting Minutes March 1, 2016
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At 10:07 p.m., the Executive Session concluded and Mayor Cooke reconvened the
regular meeting.
ACTION AFTER EXECUTIVE SESSION
No action taken.
ADJOURNMENT
The meeting adjourned at 10:07 p.m.
Ronald F. Moore, MMC
City Clerk
Kent City Council Workshop Minutes
March 15, 2016
The workshop meeting was called to order at 5:00 p.m. by Council President Boyce.
Councilmembers present: Budell, Fincher, Higgins, Ralph and Thomas. Berrios
excused.
Parks and Open Space Plan Update –
Parks Director Jeff Watling gave a 30 minute presentation on Parks & Open Space
Update 2016.
Update on Four Core Themes:
Quality Public Spaces: Provide a high quality park system that promotes Kent as a
livable city.
Performance-based Approach: Plan and maintain the system with the help of a
performance-based set of assessment tools.
Transformation through Reinvestment: Reinvest in the existing system to
successfully transform it into a vibrant, relevant and usable urban park system.
Sustainable Funding: Implement a funding model which adequately supports a level
of service that reflects the community’s priorities.
2012 – 32% of 240 park assets at or near end of useful life.
2015 – 41% of 240 park assets at or near end of useful life.
Assets addressed since 2011 – 11 total.
Aging park system, updated in 2015 of the 11 assets more are failing. Overall quality
continues to diminish throughout Kent’s park system. Using the performance based
approach to level of service: list of 45 strategic projects, park corridors, anchors and
connects the system, think of connectivity. The anchors have both active and passive
use important diversity of park system.
Traditional level of service (L.O.S.) = Defined number of acres divided by the
population = resulting emphasis reinvest; maintain; develop; acquire.
The new performance based L.O.S. = The recreational value of a park and the quality
of the number of amenities = reinvest; maintain; develop; acquire.
Performance-based approach: Plan and maintain the system with the help of a
performance-based set of assessment tools.
Transformation through reinvestment: Reinvest in the existing system to successfully
transform the park system into a vibrant and relevant urban park system.
March 15, 2016 Kent City Council Workshop Meeting Minutes
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Sustainable funding level of investment is connected to system performance. Make
connection with level of investment and performance of park system. What would
objective do in 10 years and what would objective do in 20 years?
Questions by:
Council President Boyce: Why only focus on 45 projects, are there to many projects or
is it too big to swallow, are we looking at entire parks system? Inquired as to how we
will accomplish these first 45 projects with costs of $120 million.
Councilmember Higgins: Designated 45 projects were identified in 2012 by Citizens
Task Force; Parks Commission, staff work and community outreach we have asked for
feedback on priorities. Next Parks Committee needs to identify new funding for
projects.
Pine Tree Park –
Council President Boyce introduced Chief Administrative Officer Derek Matheson who
will discuss the background, cost, pros, cons and the process of each of the three Pine
Tree Park options.
The City has a binding purchase and sale agreement with Oakpointe, as of December
3, 2014, amended to January 2016. Each party has contingencies, scheduled to close
on June 15, 2016 or final engineering approval. Kent has a legal obligation to honor
the binding agreement; Oakpointe can sue for lost profits as well as development
expenses. The City will continue to process permit applications for this project.
Although Council President Boyce had asked for a pause in the sale of Pine Tree Park,
we have a legal obligation to continue to process permit applications.
Option 1 –
Proceed with current transaction and close on June 15, 2016 or upon engineering
approval. The financial impact is $2 million dollars to the positive. The plan was to
surplus Pine Tree Park and reinvest money in to Clark Lake Park for better recreation.
The purchase and sale were not going to align for the reinvestment towards owned city
parks, at the time of purchase and sale we had a strong impression we could invest in
another park. The City was notified from Natural Resources & Parks and the King
County Attorney, understood needed to invest in land purchase. If we proceed with
Option 1 there are other properties the City is interested in developing.
Option 2 –
Enter into settlement negotiations with Oakpointe Holdings to terminate the sale of
Pine Tree Park. Oakpointe is entitled to ask for lost profit and expenses to date. their
opening numbers are $2.4-$3.4 million dollars, expenditure of $2.5 to $3.5 million
dollars, and the City won’t realize $2 million dollar from selling Pine Tree Park.
Advantage of Option 2 addresses the community concerns about the sale of Pine Tree.
The disadvantage from a budget perspective is where to find the money we would
March 15, 2016 Kent City Council Workshop Meeting Minutes
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need. Another disadvantage would be the Kent School District losing out on the
proceeds from the sale of four acres, as Oakpointe will cancel that purchase. This
option may not make other members of the community happy. Finally, we may not be
able to reach a mutual agreement with Oakpointe Holdings and we would be back to
Option 1. For Option 2 if Council directs us to proceed we will proceed in earnest once
an agreement is made, we will place the item on the Council Agenda and advertise
publicly.
Option 3 –
More complex option would be to enter into settlement agreement with Oakpointe to
terminate Pine Tree Park transaction and negotiate a sale to the East Hill Shops site to
Oakpointe, as a residential development. This is a 20 acre site south of 248th Place
near Clark Lake Park.
Oakpointe would not seek lost profits, but would want to recoup what they have
actually invested in the developing Pine Tree Park; opening number is a negotiated
$850,000. Impact would be $850,000 plus the value of the East Hills Shop site which
had been valued at $5 million in 2013. The pros of this option address the issues of
Pine Tree Park. Disadvantages would be lost opportunity to put East Hill Shops site on
the market and the Parks Department having to move to another temporary site while
the Russell Road shops are redone.
Council President Boyce said the Council will now begin their conversations regarding
this matter, he mentioned there would be no public comment during this workshop.
Councilmember Thomas spoke: Option 3 – If we were to sell shop site to Oakpointe
instead of Pine Tree Park, we would go through a parallel process to surplus the shop
site.
Councilmember Fincher spoke: $5 million dollar appraisal done in 2013, in process of
getting updated with 2016 figures. Shop sites occupy 20 acres and would need to
move equipment to a temporary site and rebuild Russell Road shops.
Councilmember Ralph: Walked through figures on site purchased for $2.8 million
where we end up with sale of shop. Finance Director Aaron BeMiller responded shop
site was purchased in 1999 for $2 million, money spent to this point for improvements
$19.91 – $21.2 million bonds sold.
Council Member Higgins asked a question regarding the shops, he would like to know if
cost of the water utility improvements would be saved if we sell the shops property.
Water improvement costs $1.9 million most improvements associated with future shop
build out, not the cost of water tank. All the improvements would be taken out at the
shop site because it would become residential property. Plan B for Shops – How soon
will we know what the plan looks like and cost. Parks Director Watling rough estimate
interim placement 1.5-2 acres of space used by park take a month to get figures.
Council President Boyce asked question: Shops land already appraised in 2013
currently getting update – Oakpointe would do same as part of negotiation.
March 15, 2016 Kent City Council Workshop Meeting Minutes
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Councilmember Higgins spoke about other cost associated with Option 2 & 3 such as
access to Pine Tree Park and other various improvements. Parks Director Watling
responded; manage the site as natural area open space access through Pine Tree
Elementary School, vehicle access not something we have money for we would need to
purchase an easement(s).
Council President Boyce directed Jeff Watling: Go ahead with above for cost of
easements for access.
Councilmember Ralph – Clarifying question Option 2 or 3 nothing about this site
changes, still limited access same position that started this conversation.
Council President Boyce inquired to Parks Director Watling about the number of emails
the City has received regarding Pine Tree Park safety. Park safety is a concern within
the park system in general.
Pretty clear what Option 1 is. Option 2 – In Boyce opinion very costly option to the
City want to be good steward of taxpayer’s money. However, don’t know what the cost
to city will be with Option 3. Would like to request staff to determine the dollar
amount to settle with Oakpointe, staff will bring back more data by March 18th which is
when public comment time ends. Staff will move forward however can’t give a specific
date.
Councilmember Higgins agreed with Council President Boyce that we need to have the
full cost spelled out clearly to make an informed decision. Need to ask ourselves what
has changed since last September when Council unanimously voted to surplus this
property. Open public meeting process not enough – 20 years of open discussion on
subject we need a better process going forward to have good solid notification process.
Wants to know what the cost is for the entire 124,000 residents, not ready to commit
to Option 3 tonight. If Kent is to keep property, need to make more accessible to more
people, factor in the cost of making the park more accessible as a part of the
calculation.
Councilmember Thomas recommends seeing the cost of new shop in a high level
overview. Please include some type of figure, would have no idea of cost of land just
the cost of shop itself.
Councilmember Ralph would like to respond to what Councilmember Higgins
mentioned, that it is important to look at the cost to the entire City. All real money
needs to be a process, what is cost to change selling purchase land accessible to the
entire city. Rules have changed with what the city was told they could do with the
money from the sale of this property, what County told us, most of discussions of
reinvestment were done verbally rather than by email. In September the Council
understood the money could be used for reinvestment now only use for purchase of
land. This is why we are here tonight discussing this issue.
Council President Boyce summarized:
March 15, 2016 Kent City Council Workshop Meeting Minutes
5
End of the day we would like to understand the cost associated with each option, and
what the process will be for shops to move if that is the option selected. At the end of
day it is all about the dollars, no matter how you look at it, we want least impact to
City and need to make responsible decisions for all residents.
Meeting adjourned at 6:35 p.m.
Sue Hanson
Acting City Clerk
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Kent City Council Meeting Minutes
March 15, 2016
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke.
Councilmembers present: Boyce, Budell, Fincher, Higgins, Ralph, and Thomas.
CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF.
NONE
PUBLIC COMMUNICATIONS
A. Historical Note from Kent’s 125th Anniversary – Mayor Cooke noted that this
will be presented under the Public Safety Report this evening.
B. Public Recognition – Councilmember Thomas congratulated Kentwood boy’s
basketball.
Councilmember Ralph gave a shout out to the Kentridge Robotics Club, they won two
awards the first time they entered. The club provides engineering inspiration,
community outreach and inspiration for younger kids.
C. Appointment to the Public Facilities District Board – Carmen Goers was
appointed to Public Facilities District Board.
D. Community Events – Mayor Cooke announced the Thunderbirds won first game of
playoffs. Council President Boyce announced the T-Birds having won 14 out of the last
15 games. The first round of playoffs games begin March 25th. March 28th is Ladies
Night Out at Showare. Councilmember Ralph communicated two upcoming Spotlight
Series shows.
E. Public Safety Report – Police Chief Ken Thomas gave some background on the
early Police Department. Chief Thomas Presented Mayor Cooke with the Badge of
Honor mounted to a vase in recognition of the 125th Anniversary. The Police
Department is voluntarily purchasing and wearing these badges to honor the 125th
Anniversary.
Chief Thomas introduced the following: Officer of the Year Wayne Brow, Corrections
Officer of the Year Chris Ward, Civilian Officer of the Year Andrew Rosenthal, Chief
Thomas recognized Assistant Chief Jon Straus for 31 years of service with the Kent
Police Department, Jon will retire on March 31, 2016.
Councilmember Ralph thanked Jon for his service.
F. Intergovernmental Reports – Council President Boyce will be attending the next
Sound City Association (SCA) meeting where they will be discussing a Methanol Plant
Kent City Council Meeting Minutes March 15, 2016
2
in Tacoma. Federal Way does not want the Methanol Plant to be placed in Tacoma and
he discussed his concerns about supporting one side or the other on this matter.
Councilmember Budell, Higgins, Ralph, Thomas and Fincher all agree with Council
President Boyce in not choosing sides in the matter.
Councilmember Budell attended the King County Domestic Violence initiative meeting
in which there was a speaker from Best Starts program. The speaker discussed how
the two will work together to build a strong foundation in communities. Budell
discussed the update on weapons surrender as well. The next meeting will be held on
June 9th at Bellevue City Hall.
Councilmember Higgins will attend the Regional Transit meeting tomorrow in the King
County courthouse. Commented that Metro will not prioritize in keeping service going
when partner funding ends. The concern was centered on Seattle’s Levy expiring and
whether Metro’s changes would be at the expense of the City of Kent or not.
Councilmember Ralph discussed the Transportation Policy Board and the state of roads
and bridges in Snohomish, Kitsap, Pierce and King Counties. There are 773 bridges in
the four previously mentioned counties and of those 773, 68 are deficient and 48 are
functionally obsolete. Discussion was centered on this and where the money should
come from for repairs.
Councilmember Ralph also discussed updates on South County Area Transportation
Board. She discussed Bertha having to stop tunneling, and this stop was planned for
the next 30 days. This tunneling project is a $3.1 billion dollar project and is
anticipating an opening in late spring or early summer of 2018. Councilmember Ralph
discussed presentations that were made by Federal Way, Renton and Tukwila in
seeking federal funding for various street projects.
Councilmember Fincher will attend the King Conservation District meeting tomorrow.
She discussed the Urban Agricultural Workshop scheduled for April 7th in Renton that is
a no charge event. There is $700,000 in food system grants available for ways to
improve our food system. Mental Illness and Drug Dependency Advisory Group will
meet next week.
Councilmember Thomas had no report.
PUBLIC HEARING
PUBLIC COMMENT
1. Bill Doolittle, Kent – Doolittle discussed legalizing medical and recreational
marijuana in Kent as an answer to alternate sources of financing.
2. Jacob Dreifus, Kent – Dreifus discussed the workshop regarding Pine Tree Park
and it being a waste of time. He mentioned Oakpointe filing a lawsuit against Kent if
the City was to back out of the deal, and how the Kent Reporter notes that Oakpointe
views the City as a “good partner”.
Kent City Council Meeting Minutes March 15, 2016
3
3. Renee Gersdorf-Duncan, Kent – Gersdorf-Duncan attended Pine Tree
Elementary school and spoke with the principal there. She is sad about the potential
loss of the park for the children in the area.
4. Sierra Gersdorf-Duncan, Kent – Gersdorf-Duncan discussed the importance of
the park for the community and the environment. She stated that she is glad that
people are standing up for what they feel is right.
5. Anita Veen, Kent – Veen discussed Save Pine Tree Park level of conversations
with the City and County regarding open space, trails, wetland and retention pond.
6. Al Lynden, Kent – Lynden discussed Pine Tree Park. Lynden discussed his belief
that the public has been given selective information by City. Lynden discussed what he
believes to be another option for the park, a lawsuit by the residents.
7. Ryan Logan Evans, Kent – Evans spoke about the systemic issues with the parks,
and feels it is a community issue. He also discussed his personal resolves for some of
the issues such as parking for Pine Tree Park and maintaining the park.
8. Kristy Herrick, Kent – Herrick discussed the Capital needs and the $60 million
deficit. She compared the budgets and Parks Departments of Kent, Kirkland and
Auburn.
9. Sandi Lynden, Kent – Lynden spoke about Pine Tree Park and what they see as
inaccuracies in the entire process.
10.Derek Narringa, Kent – Narringa discussed the sale price of Pine Tree park and
open space needs in Kent.
11.Bridgette Rey Wagner, Kent – Wagner spoke about the walking trails in Pine
Tree Park and the proximity to the Green River Trail for recreation.
CONSENT CALENDAR
Council President Boyce moved to approve Consent Calendar items A through
J, seconded by Councilmember Thomas. Motion carried 6-0.
A. Approval of Minutes – Approve. Minutes of the regular council meeting of
February 2 and workshop meeting of February 16, 2016 were approved.
B. Approval of Bills – Approve. Bills received through February 15 and paid on
February 15 after auditing by the Operations Committee on March 1, 2016.
C. Excused Absence for Councilmember Berrios - Approve. The council
approved an excused absence for Councilmember Berrios as he is unable to attend
the City Council meeting of March 15, 2016.
D. Hawley Road Levee Improvements Phase 2 – Accept as Complete. The
Mayor was authorized to accept the Hawley Road Levee Improvements Phase 2 project
Kent City Council Meeting Minutes March 15, 2016
4
as complete and release retainage to SCI Infrastructure, LLC, upon receipt of standard
releases from the state and the release of any liens.
E. Grandview Water Easement with Highline Water District - Approve. The
Mayor was authorized to execute all necessary documents to grant a water easement
with Highline Water District on City property to serve the Grandview Apartments,
subject to final terms and conditions acceptable to the City Attorney and Public Works
Director.
F. Water Leak Adjustment Code Amendment – Ordinance – Adopt. Ordinance
No. 4191 was adopted, amending Chapter 7.02 of the Kent City Code, entitled
“Water,” pertaining to the process through which an owner may request an adjustment
to a water utility bill, and to reconcile current inconsistencies in the City Code.
G. Agreement with Vision Internet for Content Management System
Replacement - Authorize. The Mayor was authorized to sign all necessary
documents to enter into a contract with Vision Internet to replace the City’s Content
Management System (website) and to develop and implement a new website.
H. School Zone Traffic Safety Camera Program Fund Expenditures –
Authorize. The council approved the expenditure of $329,000 from the School Zone
Traffic Safety Camera fund to include $50,000 for matching funds for the traffic safety
grant program, and $279,000 to replace seven of the Police Department’s aging police
vehicles, and authorize the mayor to sign all necessary documents, subject to the
approval of the Police Chief and City Attorney.
I. Appointment to the Public Facilities District Board - Approve. The council
approved the appointment of Carmen Goers to the Kent Special Events Center Public
Facilities District Board for a term of two years.
J. Riverview Park Trail Relocation Project – Accept as Complete. The council
accepted the Riverview Park Trail Relocation Project as complete and release retainage
funds in the amount of $7,274.75 to the contractor, R.W. Scott Construction Company,
upon receipt of all approvals from Washington State.
OTHER BUSINESS
A. Kent School District Bond Issue – Resolution in Support - Adopt. Chief
Administrative Officer Derek Matheson discussed the Kent School Districts ballot
proposition for the April 26, 2016 special election in which the City is in support of.
Councilmember Higgins, Seconded by Councilmember Boyce. Resolution No.
1923 was adopted, in support of the Kent School District No. 415’s April 26,
2016, ballot proposition for the issuance of unlimited tax general obligation
bonds.
A vote was taken on the motion on the table to adopt Resolution No. 1923, to
support the Kent School District No. 415’s April 26, 2016, ballot proposition
for the issuance of unlimited tax general obligation bonds. Motion carried 6-0.
Kent City Council Meeting Minutes March 15, 2016
5
BIDS
A. James Street Improvements Watermain and Landscaping – Woodford Ave.
N. to 102nd Ave. S. – Award.
Councilmember Higgins, Seconded by Councilmember Ralph, moved to award
the James Street Improvements Watermain and Landscaping – Woodford
Ave. N. to 102nd Ave. S. project to the lowest responsive bid and responsible
bidder, R.L. Alia Company in the amount of $2,070,001.30 and authorize the
Mayor to sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
B. 2016 Asphalt Overlay Project – Award.
Councilmember Higgins, Seconded by Councilmember Fincher, moved to
award the 2016 Asphalt Overlay contract to the lowest responsive and
responsible bidder, ICON Materials, in the amount of $3,489,528.50 including
the overlay of Mountain View Place neighborhood (aka Hycroft) and South
236th Street between Lakeside Blvd East and 64th Avenue South, subject to
final terms and conditions acceptable to the City Attorney and Public Works
Director.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. – Council President Boyce discussed the workshop including
the park and open space plan update presented by Parks Director Jeff Watling. The
four key areas discussed were the quality of public space, a performance based
approach, transformation through reinvestment and sustainable funding. The second
topic during workshop was a Pine Tree Park update in which Chief Administrative
Officer Derek Matheson discussed what the initial plan was, and what the plan is
moving forward and the options available.
B. Mayor. – Please refer to KentWA.gov for the State of the City.
C. Chief Administrative Officer. – Announced there is no executive session tonight
and report is in the packet.
D. Economic & Community Development Committee. – In the minutes.
E. Operations Committee. – Councilmember Ralph discussed the agreement with
Arc Architects for phase II of the space efficiency plan to accommodate the growing
Police Department. The second item discussed was the expenditure of the school zone
traffic safety camera monies. $50,000to go as matching funds to Safe Routes to
Schools grant and $279,000 to go toward replacing aging police vehicles.
F. Parks and Human Services Committee. – Councilmember Fincher noted that at
the last meeting they reviewed the Parks and Open Space Plan.
Kent City Council Meeting Minutes March 15, 2016
6
G. Public Safety Committee. Councilmember Ralph communicated that the
presentation was essentially the same as what was presented to Operations regarding
the expenditure of the school zone traffic safety camera monies.
H. Public Works Committee. – Councilmember Higgins discussed bids awards and
the extra $700,000 because of the low bids. He also noted that they discussed and
prioritized the grants they would like to see the City go after.
I. Regional Fire Authority. – Councilmember Thomas noted that the next meeting
will be at Station 74 March 16th at 5:00 p.m. and will be attending the conference in
Ocean Shores.
EXECUTIVE SESSION
No Executive Session.
ACTION AFTER EXECUTIVE SESSION
None.
ADJOURNMENT
The meeting adjourned at 8:45 p.m.
Sue Hanson
Acting City Clerk
Kent City Council Workshop Minutes
April 5, 2016
The workshop meeting was called to order at 5:00 p.m. by Council President Boyce.
Councilmembers present: Berrios, Budell, Fincher, Higgins, Ralph and Thomas.
Crosswalk Policy – Tim LaPorte, Public Works Director introduced Lacey Jane Wolfe,
Senior Transportation Planner who presented the new crosswalk policy. She stated
that this is a consistent way to install and maintain crosswalks based on State law and
engineering best practices. In Kent, there have been 100 vehicle/pedestrian accidents,
93 with injury and 5 were fatal, she announced. Public Works is working with a focus
group to help create a policy that will be brought to the Council for approval. The first
priority, she explained, is marking all the downtown areas. She stated that all
markings should be installed the same and all old markings removed. Specific
recommendations for the policy were communicated to the Council.
Councilmembers communicated their concerns about crosswalks in the City and
ensured proper tracking and investigation was occurring with each incident. It was
communicated that the intersection of 4th and Meeker is the location with the highest
number of incidents in the City.
2015 Year End Budget Wrap-up – This item was removed from agenda.
Strategic Plan Process – Chief Administrative Officer Derek Matheson highlighted
the Council Retreat and the 2012 Strategic Plan. He stated that at the Council Retreat
the Council agreed that this would only be a refresh and not a major revision of the
plan. He reviewed what specific updates would take place with the plan. He added that
Steven Thompson has been hired by the city to focus on Code Enforcement, Police
Performance Measures and Public Works Lean processes. He continued and stated that
Thompson would lead one-on-one meetings with the Mayor, Directors, and appropriate
staff to work on the plan. Following that, there would be mini retreats with Dr. Gilbert
that would be six to eight hours in length, with one to focus on goals other than
focusing on objectives. He noted the timeframe and that the cost is approximately
$11,000. Additionally, he stated that the Council expressed interest in a retreat for
homeless and a strategic planning process, timeline, and cost.
Council President Boyce said coordinating dates for a retreat will be a challenge to
schedule. However, the Council needs to stay focused to make this happen added
Matheson, as nothing is more important than strategic planning at this time.
Meeting adjourned at 6:35 p.m.
Sue Hanson
Acting City Clerk
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Agenda Item: Consent Calendar – 7C_
TO: City Council
DATE: May 17, 2016
SUBJECT: Surplus of Utility Equipment and Materials – Set Hearing Date
SUMMARY: Through daily operations, the utility maintenance crews accumulate used
copper and brass fittings, pipe, wiring, and water meters. We have approximately
4,000 pounds of copper and brass that have a monetary value when recycled. Many of
the water components have lead levels that no longer meet federal safety standards.
In addition, our SCADA (Supervisory Control and Data Acquisition) system has been
upgraded over the last few years and the back-up generators have been replaced with
diesel powered units that are more reliable and maintain a longer running time than
the obsolete propane generators.
RCW 35.94.040 requires that the City Council hold a public hearing and adopt a
resolution to declare public utility equipment as surplus and to establish the condition
for disposition of the equipment that is in the best public interest.
EXHIBITS: List of Surplus Items
RECOMMENDED BY: Public Works Committee
YEA: Ralph, Fincher, Higgins NAY:
BUDGET IMPACTS: A resolution will be provided to authorize the Public Works
Director to dispose of the equipment as surplus and in the manner that best meets the
public interest.
MOTION: Move to authorize Council set June 7, 2016 as the public
hearing date to consider comments on the declaration of certain public
utility equipment and materials as surplus.
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ITEMS TO SURPLUS 2015
PUBLIC WORKS OPERATIONS
No.QUANTITY PART NUMBER DESCRIPTION VALUE REASON
1 13 SEN/SR411 1" Water Meter $122.17 Lead
2 9 SEN/SR7 2" Water Meter $470.74 Lead
3 3 CAL/CIT1 4" CIT Calder Coupling $7.76 Obsolete
4 1 CAL/AC1 4" AC Calder Coupling $6.91 Obsolete
5 1 CAL/AC2 6" AC Calder Coupling $5.31 Obsolete
6 1 CAL/AC3 8" AC Calder Coupling $21.31 Obsolete
7 7 CAL/CLAY1 4" Clay Calder Coupling $7.70 Obsolete
8 2 CAL/CLAY2 6" Clay Calder Coupling $17.76 Obsolete
9 1 CAL/CLAY 21 6" x 4" Clay Calder Coupling $10.12 Obsolete
10 1 CAL/CLAY3 8" Clay Calder Coupling $24.26 Obsolete
11 2 CAL/D1 4" AC x PVC Bushing $3.95 Obsolete
12 6 CAL/J1 4" Clay x PVC Bushing $4.66 Obsolete
13 2 CAL/J2 6" Clay x PVC Bushing $12.59 Obsolete
14 2 FER/C09 4" x 3" PVC x PVC Fernco Coupling $7.75 Obsolete
15 2 FER/CLBSP2 6" Clay Bell x PVC Bushing $7.42 Obsolete
16 1 FER/COBP3 8" Concrete Bell x PVC Bushing $11.27 Obsolete
17 1 RO/TGMSDR351 4" MJ x 3034 PVC Transition Gasket $7.03 Obsolete
18 1 RI/940LS 940 Valve Box Lid (Sewer)$5.96 Obsolete
19 3 ROC/4311392 Flex Coupling ACX AC [13.92]$140.26 Obsolete
20 1 ROC/4311421 Flex Coupling ACX AC [14.21]$140.26 Obsolete
21 3 RO/SS2145112 Repair Band FC Romac [13.71-14.51 x 12"]$116.47 Obsolete
22 2 RO/SS2145116 Repair Band FC Romac [13.71-14.51 x 16"]$116.47 Obsolete
23 7 SBF/169C62 Elbow, Male [3/8" x 1/8"]$0.92 Lead
24 5 SBF/169C64 Elbow, Male [3/8" x 1/4"]$1.90 Lead
25 7 SBF/169C66 Elbow, Male [3/8" x 3/8 "]$2.40 Lead
26 14 SBF/169C86 Elbow, Male [1/2" x 3/8"]$3.34 Lead
27 9 SBF/68C42 Connector, Male [1/4" x 1/8"]$0.92 Lead
28 6 SBF/68C62 Connector, Male [3/8" x 1/8"]$0.71 Lead
29 16 SBF/68C64 Connector, Male [3/8" x 1/4"]$1.27 Lead
30 20 SBF/68C66 Connector, Male [3/8" x 3/8"]$1.56 Lead
31 18 SBF/68C44 Connector, Male [1/4" x 1/4"]$1.22 Lead
32 9 SBF/60C4 Sleeve, Brass [1/4"]$0.04 Lead
33 17 SBF/60C8 Sleeve, Brass [1/2"]$0.25 Lead
34 14 SBF/60C6 Sleeve, Brass [3/8"]$0.10 Lead
35 8 SBF/68C68 Connector, Male [3/8" x 1/2"]$2.45 Lead
36 18 SBF/68C86 Connector, Male [1/2" x 3/8"]$2.13 Lead
37 6 SBF/68C88 Connector, Male [1/2" x 1/2"]$2.79 Lead
38 20 SBF/61C4 Tube Nut [1/4"]$0.14 Lead
39 9 SBF/164C6 Tee, Union [3/8"]$3.76 Lead
40 7 SBF/164C8 Tee, Union [1/2"]$2.64 Lead
41 6 SBF/164C4 Tee, Union [1/4"]$2.00 Lead
42 20 SBF/61C8 Tee Nut [1/2"]$0.87 Lead
43 16 SBF/61C6 Tube Nut [3/8"]$0.22 Lead
44 12 SBF/165C4 Elbow, Union [1/4"]$0.97 Lead
ITEMS TO SURPLUS 2015
PUBLIC WORKS OPERATIONS
No.QUANTITY PART NUMBER DESCRIPTION VALUE REASON
45 8 SBF/165C8 Elbow, Union [1/2"]$5.50 Lead
46 12 SBF/165C6 Elbow, Union [3/8"]$2.93 Lead
47 11 SBF/62C6 Comp Union [3/8"]$1.86 Lead
48 9 SBF/62C4 Comp Union [1/4"]$1.33 Lead
49 9 SBF/62C8 Comp Union [1/2"]$3.53 Lead
50 6 SBV/BV1 Ball Valve, Brass FIPT [1/2"]$12.20 Lead
51 6 SBV/BVQ Ball Valve, Brass FIPT [1/4"]$10.12 Lead
52 15 SBF/169C42 Elbow, Male [1/4" x 1/8"]$1.24 Lead
53 11 SBF/169C46 Elbow, Male [1/4" x 3/8"]$3.15 Lead
54 19 SBF/169C44 Elbow, Male [1/4" x 1/4"]$1.55 Lead
55 10 SBF/66C44 Connector, Female [1/4" x 1/4"]$0.82 Lead
56 9 SBF/66C66 Connector, Female [3/8" x 3/8"]$2.81 Lead
57 5 SBF/66C64 Connector, Female [3/8" x 1/4"]$1.30 Lead
58 9 SBF/66C42 Connector, Female [1/4" x 1/8"]$1.04 Lead
59 1 ROC/226745X7 Repair Band $53.92 Obsolete
60 1 ROC/SS21434X15 Repair Band $210.17 Obsolete
61 1 DR/3601142X10 Repair Band $74.91 Obsolete
62 3 MU/220600X3 Repair Band $10.60 Obsolete
63 2 CA/3110540X3 Repair Band $10.69 Obsolete
64 1 RO/1010450X3 Saddle $24.26 Obsolete
65 1 CA/CSC10365X3 Repair Band $14.50 Obsolete
66 1 CA/CSC10365X4 Repair Band $14.50 Obsolete
67 1 GF/RR0250 24" x 1/4" 250# Gasket $29.95 Damaged
68 1 IP/5236 36" x 18' Ductile Iron Pipe $1,116.00 Damaged
69 1 IP/5236RJ 36" x 18' Ductile Iron Pipe - Restrained Joint $755.28 Damaged
70 2 IP/5230 30" x 18' Ductile Iron Pipe $736.20 Damaged
71 1 IP/520RJ 24" x 20' Ductile Iron Pipe - Restrained Joint $400.00 Damaged
72 8 SBF/211P2 1/8" Brass Plug $0.50 Lead
73 4 SBF/211P4 1/4" Brass Plug $1.36 Lead
74 6 SBF/211P6 3/8" Brass Plug $2.00 Lead
75 3 SBF/211P8 1/2" Brass Plug $2.99 Lead
76 11 SBF/48F44 1/4" Flare x MIPT Adapter $1.24 Lead
77 9 SBF/48F64 3/8" x 1/4" Flare x MIPT Adapter $1.37 Lead
78 18 SBF/48F66 3/8" Flare x MIPT Adapter $1.80 Lead
79 11 SBF/48F86 1/2" x 3/8" Flare x MIPT Adapter $2.51 Lead
80 12 SBF/48F88 1/2" Flare x MIPT Adapter $2.76 Lead
81 12 SBF/41FS4 1/4" Flare Nut $0.90 Lead
82 12 SBF/41FS6 3/8" Flare Nut $1.56 Lead
83 10 SBF/41FS8 1/2" Flare Nut $2.13 Lead
84 6 SBF/209P42 1/4" x 1/8" Bushing $1.32 Lead
85 6 SBF/209P62 3/8" x 1/8" Bushing $2.18 Lead
86 3 SBF/209P82 1/2" x 1/8" Bushing $2.01 Lead
87 3 SBF/209P86 1/2" x 3/8" Bushing $2.20 Lead
88 8 SBF/209P124 3/4" x 1/4" Bushing $3.72 Lead
89 10 SBF/209P126 3/4" x 3/8" Bushing $3.65 Lead
ITEMS TO SURPLUS 2015
PUBLIC WORKS OPERATIONS
No.QUANTITY PART NUMBER DESCRIPTION VALUE REASON
90 8 SBF/209P128 3/4" x 1/2" Bushing $4.08 Lead
91 15 SBF/249F44 1/4" Flare x MIPT 90 $0.85 Lead
92 7 SBF/249F66 3/8" Flare x MIPT 90 $2.90 Lead
93 4 SBF/UQ 1/4" Union $9.80 Lead
94 3 SBF/UT 3/8" Union $9.87 Lead
95 2 SBF/U1 1/2" Union $13.10 Lead
96 10 SBF/LQ 1/4" 90 Bend $3.09 Lead
97 8 SBF/LT 3/8" 90 Bend $4.49 Lead
98 6 SBF/L1 1/2" 90 Bend $4.44 Lead
99 6 SBF/XQ 1/4" Cross $7.57 Lead
100 6 SBF/XT 3/8" Cross $7.47 Lead
101 8 SBF/X1 1/2" Cross $6.58 Lead
102 5 SBF/TQ 1/4" Tee $5.74 Lead
103 4 SBF/TT 3/8" Tee $5.07 Lead
104 2 SBF/T1 1/2" Tee $7.03 Lead
105 4 SBF/R31 3/4" x 1/2" Bell Reducer $6.81 Lead
106 4 SBF/R3T 3/4" x 3/8" Bell Reducer $5.42 Lead
107 2 SBF/R3Q 3/4" x 1/4" Bell Reducer $7.29 Lead
108 2 SBF/R1T 1/2" x 3/8" Bell Reducer $5.45 Lead
109 1 SBF/R1Q 1/2" x 1/4" Bell Reducer $4.78 Lead
110 4 SBF/RTQ 3/8" x 1/4" Bell Reducer $3.39 Lead
111 5 SB/5211 1/2" Galv. Compression Cplg.$1.00 Obsolete
112 4 RO/7023 3/4" Galv. Compression Cplg.$10.18 Obsolete
113 11 SB/5214 1" Galv. Compression Cplg.$4.55 Obsolete
114 4 SB/5224 1" Galv. Compression Cplg.$4.55 Obsolete
115 4 RO/7024 1" Galv. Compression Cplg.$14.37 Obsolete
116 7 RO/7026 1-1/2" Galv. Compression Cplg.$20.76 Obsolete
117 7 SB/411105 3/4" Repair Coupling $3.00 Obsolete
118 5 SB/411132 1" Repair Coupling $3.05 Obsolete
119 4 RO/SC17X3 1-1/4" x 3" Repair Band $4.03 Obsolete
120 5 RO/SC19X3 1-1/2" x 3" Repair Band $8.40 Obsolete
121 1 MH/IVBG9 3" Valve Body Gasket $3.00 Obsolete
122 2 MH/IVBG7 16" Valve Body Gasket $4.50 Obsolete
123 1 GF/T000 4" Galvanized Tee $1.60 Obsolete
124 3 FO/C1466 1-1/2" CTS PJ x FIPT Coupling $17.67 Lead
125 4 FO/C1477 2" CTS PJ x FIPT Coupling $25.00 Lead
126 1 FO/C4466 1-1/2" CTS PJ x CTS PJ Coupling $17.62 Lead
127 3 FO/C4477 2" CTS PJ x CTS PJ Coupling $23.84 Lead
128 1 GF/RR0 24" x 1/8" Flange Gasket $15.35 Damaged
129 3 MIL/IVSC2 6" Spring Check Valve $378.00 Obsolete
130 4 FT/B10DBCRL Concrete Meter Box $37.00 Damaged
131 2 FO/C1666 1-1/2" PE PJ x FIPT Cplg $52.08 Lead
132 1 FO/C1677 2" PE PJ x FIPT Cplg.$99.97 Lead
133 5 FO/C4433 3/4" CTS PJ x CTS PJ Cplg.$16.84 Lead
134 1 FO/C4444 1" CTS PJ x CTS PJ Cplg.$19.81 Lead
135 24 FO/C4533 3/4" CTS PJ x CTS GALV. PJ Cplg.$10.48 Lead
ITEMS TO SURPLUS 2015
PUBLIC WORKS OPERATIONS
No.QUANTITY PART NUMBER DESCRIPTION VALUE REASON
136 7 FO/C4544 1" CTS PJ x Galv. PJ Cplg.$17.85 Lead
137 3 FO/C4633 3/4" CTS PJ x PE PJ Cplg.$18.66 Lead
138 6 FO/C4644 1" CTS PJ x PE PJ Cplg.$24.48 Lead
139 6 FO/C6633 3/4" PE PJ x PE PJ Cplg.$19.41 Lead
140 2 FO/C6644 1" PE PJ x PE PJ Cplg.$43.30 Lead
141 9 FO/C6666 1-1/2" PE PJ x PE PJ Cplg.$50.64 Lead
142 2 FO/C6677 2" PE PJ x PE PJ Cplg.$84.33 Lead
143 6 FO/C8434 1" x 3/4" CTS PJ x MIPT Cplg.$12.14 Lead
144 7 FO/C8444 1" CTS PJ x MIPT Cplg.$13.87 Lead
145 6 FO/C8633 3/4" PE PJ x MIPT Cplg.$17.59 Lead
146 5 FO/C8466 1-1/2" CTS PJ x MIPT Cplg.$13.57 Lead
147 1 FO/C8477 2" CTS PJ x MIPT Cplg.$22.75 Lead
148 2 FO/C8644 1" PE PJ x MIPT Cplg.$28.64 Lead
149 4 FO/C8666 1-1/2" PE PJ x MIPT Cplg.$52.84 Lead
150 7 FO/B11444 1" FIPT x FIPT Ball Valve $58.06 Lead
151 7 FO/F4003 3/4" CC x MIPT Corp. Stop $21.23 Lead
152 3 FO/F4004 1" CC x MIPT Corp. Stop $36.38 Lead
153 9 FO/F5003 3/4" MIPT x MIPT Corp. Stop $21.97 Lead
154 3 FO/F5004 1" MIPT x MIPT Corp. Stop $47.78 Lead
155 8 FO/FB5004 1" MIPT x MIPT Corp. Stop $43.19 Lead
156 4 FO/FB5006 1-1/2" MIPT X MIPT Ball Corp. Stop $90.93 Lead
157 2 FO/FB5007 2" MIPT x MIPT Ball Corp. Stop $198.37 Lead
158 7 FO/C0133 3/4" Flair x FIPT Cplg.$8.71 Lead
159 8 FO/C0144 1" Flair x FIPT Cplg.$12.98 Lead
160 10 FO/C0433 3/4" Flair x CTS PJ Cplg.$13.64 Lead
161 4 FO/C0444 1" Flair x CTS PJ Cplg.$22.47 Lead
162 7 FO/C1433 3/4" CTS PJ x FIPT Cplg.$15.18 Lead
163 5 FO/C1444 1" CTS PJ x FIPT Cplg.$17.16 Lead
164 11 FO/C1633 3/4" PE PJ x FIPT Cplg.$12.99 Lead
165 5 FO/A24 Meter Adapter $23.24 Lead
166 2 FO/A46 Meter Adapter $139.53 Lead
167 2 FO/A47 Meter Adapter $125.16 Lead
168 5 FO/C38232 Meter Adapter $8.29 Lead
169 6 FO/C38442625 Meter Adapter $12.18 Lead
170 6 FO/HA31323 Meter Check Valve $29.72 Lead
171 8 FO/HA31444 Meter Check Valve $30.04 Lead
172 4 FO/HFA31777 Meter Check Valve $179.00 Lead
173 8 FO/HA34323 Meter Check Valve $35.16 Lead
174 7 FO/HA34444 Meter Check Valve $35.04 Lead
175 2 FO/VH427W Meter Resetter $102.12 Lead
176 3 FO/VH429W Meter Resetter $109.23 Lead
177 2 FO/VH4410W Meter Resetter $162.49 Lead
178 3 FO/VH4412W Meter Resetter $139.22 Lead
179 1 FO/VH7215W Meter Setter $110.60 Lead
180 7 FO/VH7415W Meter Setter $161.11 Lead
181 4 FO/KV13444W Meter Stop $36.86 Lead
ITEMS TO SURPLUS 2015
PUBLIC WORKS OPERATIONS
No.QUANTITY PART NUMBER DESCRIPTION VALUE REASON
182 1 FO/FV13777W Meter Stop $203.09 Lead
183 7 FO/KV43444W Meter Stop $41.42 Lead
184 2 WIL/600LU3 3/4" Pressure Reducing Valve $118.24 Lead
185 4 WIL/600LU4 1" Pressure Reducing Valve $123.06 Lead
186 4 BF/C3 3/4" Brass Cplg.$10.23 Lead
187 6 BF/C4 1" Brass Cplg.$14.61 Lead
188 2 BF/C6 1-1/2" Brass Cplg.$34.10 Lead
189 4 BF/C7 2" Brass Cplg.$62.34 Lead
190 6 BF/P3 3/4" Brass Plug $5.48 Lead
191 6 BF/P4 1" Brass Plug $9.79 Lead
192 4 BF/P6 1-1/2" Brass Plug $19.14 Lead
193 8 BF/P7 2" Brass Plug $29.15 Lead
194 13 MU/P3 3/4" Mueller Plug $13.32 Lead
195 9 MU/P4 1" Mueller Plug $0.26 Lead
196 6 BF/T444 1" Brass Tee $23.03 Lead
197 2 BF/T555 1-1/4" Brass Tee $23.85 Lead
198 2 BF/T666 1-1/2" Brass Tee $52.52 Lead
199 3 BF/T777 2" Brass Tee $79.51 Lead
200 4 BF/U33 3/4" Brass Union $26.78 Lead
201 4 BF/U44 1" Brass Union $54.53 Lead
202 6 BF/U77 2" Brass Union $129.03 Lead
203 2 BF/R76 2" x 1-1/2" Brass Bell Reducer $72.22 Lead
204 4 BF/R65 1-1/2" x 1-1/4" Brass Bell Reducer $35.55 Lead
205 5 BF/R64 1-1/2" x 1" Brass Bell Reducer $44.41 Lead
206 2 BF/R43 1" x 3/4" Brass Bell Reducer $20.76 Lead
207 2 BF/K66 1-1/2" Brass 45 Bend $45.29 Lead
208 2 BF/L77 2" Brass 45 Bend $51.49 Lead
209 8 BF/L33 3/4" Brass 90 Bend $11.08 Lead
210 8 BF/L44 1" Brass 90 Bend $17.34 Lead
211 8 BF/L55 1-1/4" Brass 90 Bend $8.47 Lead
212 5 BF/L66 1-1/2" Brass 90 Bend $34.09 Lead
213 4 BF/L77 2" Brass Bend $51.49 Lead
214 5 BF/S44 1" Brass 90 Street Bend $26.57 Lead
215 4 BF/S66 1-1/2" Brass 90 Street Bend $46.33 Lead
216 3 BF/S77 2" Brass 90 Street Bend $70.36 Lead
217 6 BF/B76 2" x 1-1/2" Brass Bushing $27.98 Lead
218 3 BF/B74 2" x 1" Brass Bushing $31.70 Lead
219 4 BF/B73 2" x 3/4" Brass Bushing $28.95 Lead
220 4 BF/B64 1-1/2" x 1" Brass Bushing $22.78 Lead
221 3 BF/B63 1-1/2" x 3/4" Brass Bushing $24.51 Lead
222 8 BF/B54 1-1/4" x 4" Brass Bushing $18.17 Lead
223 7 BF/B43 1" x 3/4" Brass Bushing $8.87 Lead
224 2 250 gallon propane tanks $200.00 Replaced
225 1 RS12000 Onan Generator S/N:B068892272 164.3 hours $700.00 Replaced
226 1 RS12000 Onan Generator S/N:A068870206 117.7 hours $700.00 Replaced
227 1 Onan 60 Onan Generator S/N: A910366269 no hour meter $1,500.00 Replaced
ITEMS TO SURPLUS 2015
PUBLIC WORKS OPERATIONS
No.QUANTITY PART NUMBER DESCRIPTION VALUE REASON
228 1 Onan 7.5 Onan Generator S/N: D870883555 no hour meter $150.00 Replaced
229 1 Onan Transfer Switch S/N:G860829937 1185.5 hours$200.00 Replaced
230 2 crates Scrap (used) water meters, 5/8" thru 4"$2,500.00 Replaced
231 1 crate Scrap (used) copper tube, brass fittings $1,500.00 Replaced
232 2 crates Scrap (used) wire and cable $500.00 Replaced
233 4 ea Scrap (used) 8" Hersey Meters $800.00 Replaced
Agenda Item: Consent Calendar – 7D_
TO: City Council
DATE: May 17, 2016
SUBJECT: Consultant Services Agreement with AMEC Foster Wheeler Environment
& Infrastructure, Inc. for Soils Testing at Leber Property – Authorize
SUMMARY: The Mill Creek Side Channel/Leber Homestead Property construction
contract was recently awarded to Scarsella Brothers, Inc. The project site has
surface soils with elevated levels of arsenic that must be properly mixed with clean
soil, then sampled and tested for compliance with Ecology standards before they
leave the site. AMEC Foster Wheeler Environmental & Infrastructure, Inc. have
Hazardous Waste Operations and Emergency Response Standard (HAZWOPER)
trained staff that are qualified to perform soils verification testing and oversee the
mixing of materials to ensure soils leaving the site are within Ecology standards.
EXHIBITS: Consultant Services Agreement
RECOMMENDED BY: Public Works Committee
YEA: Ralph, Fincher, Higgins NAY:
BUDGET IMPACTS: The costs associated with this Contract will be reimbursed through
King County grants.
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with AMEC Foster Wheeler Environmental & Infrastructure, Inc. in an
amount not to exceed $89,200.00 for inspection and soil testing on the
Leber property, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
This page intentionally left blank.
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Amec Foster Wheeler Environment & Infrastructure, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Amec Foster Wheeler Environment & Infrastructure, Inc. organized under the
laws of the State of Washington, located and doing business at 600 University Street, Suite 600, Seattle,
WA 98101-4107, Phone: (206) 342-1760/Fax: (206) 342-1761, Contact: Crystal Thimsen (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 services to inspect and sample the proposed soil mixing on the
Leber Property to obtain arsenic concentrations. 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 December 31, 2017.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Eighty Nine Thousand, Two Hundred Dollars ($89,200.00) , for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed amendment to this
agreement. The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1)
year from the effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
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.
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent
of the Consultant's negligence.
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 B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The 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
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or 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.
/ /
/ /
/ /
/ /
/ /
/ /
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.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Crystal Thimsen
Amec Foster Wheeler Environment & Infrastructure
600 University St., Suite 600
Seattle, WA 98101-4107
(206) 342-1760 (telephone)
(206) 342-1761 (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
Amec Foster Wheeler - Leber 3/Knox
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: _________________________________________
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.
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: _________________________________________
EXHIBIT A
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal 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.
5. Contractor’s/Consultant’s Pollution Liability insurance covering
losses caused by pollution conditions that arise from the operations
of the Contractor.
EXHIBIT B (Continued)
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 $3,000,000 each occurrence, $3,000,000 general
aggregate.
3. Professional Liability insurance shall be written with limits no less
than 2,000,000 per claim and $4,000,000 policy aggregate limit.
4. Contractor’s Pollution Liability insurance shall be written in an
amount of at least $1,000,000 per loss, with an annual aggregate
of at least $1,000,000. Coverage may be written on a claims-made
basis. 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.
EXHIBIT B (Continued)
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.
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Agenda Item: Consent Calendar – 7E_
TO: City Council
DATE: May 17, 2016
SUBJECT: Consultant Services Agreement with Landau Associates for Geotechnical
& Environmental Services during Construction of the 72nd Ave S.
Extension Project – Authorize
SUMMARY: Construction of the ground improvements necessary to support a new
bridge requires specialized inspection by a geotechnical engineer. Furthermore,
environmental compliance near the Western Processing Superfund site is
necessary. Landau Associates has the proper experience and certifications for these
services. The 72nd Avenue South extension project will complete the missing link
between South 196th Street and South 220th Street and provide connectivity to the
north end of the industrial area between West Valley Highway and the Union Pacific
Railroad tracks. The construction contract was awarded in March and construction
is under way.
EXHIBITS: Consultant Services Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Ralph, Higgins NAY:
BUDGET IMPACTS: This project is funded by a Washington State Transportation
Improvement Board grant, a Regional Fire Authority contribution and storm drainage
funds.
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Landau Associates to provide geotechnical and environmental services
during construction of the 72nd Avenue South Extension Project in an
amount not to exceed $123,150.00, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
This page intentionally left blank.
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Landau Associates, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Landau Associates, Inc. organized under the laws of the State of Washington,
located and doing business at 130 2nd Ave. S., Edmonds, WA 98020, Phone: (425) 778-0907/Fax: (425)
778-6409, Contact: Christine Kimmel (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 geotechnical and environmental services during construction of
the 72nd Ave. S. Extension 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 April 1, 2017.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
One Hundred Twenty Three Thousand, One Hundred Fifty Dollars ($123,150.00), for the
services described in this Agreement. This is the maximum amount to be paid under this
Agreement for the work described in Section I above, and shall not be exceeded without the
prior written authorization of the City in the form of a negotiated and executed amendment
to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its
services contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing rates shall
be as delineated in Exhibit A.
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:
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 liability hereunder shall be only to the extent
of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The 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
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
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
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.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Christine Kimmel
Landau Associates, Inc.
130 2nd Ave. S.
Edmonds, WA 98020
(425) 778-0907 (telephone)
(425) 778-6409 (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
Landau Associates - 72nd 3/Langholz
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: _________________________________________
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.
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: _________________________________________
130 2nd Avenue South • Edmonds, Washington 98020 • (425) 778-0907 • www.landauinc.com
April 22, 2016
City of Kent
Public Works Department
220 Fourth Avenue South
Kent, Washington 98032
Attn: Mr. Ken Langholz
Transmitted via email to: klangholz@kentwa.gov
Re: Proposal for Geotechnical and Environmental
Services During Construction
72nd Avenue South Extension
Kent, Washington
Dear Mr. Langholz:
This letter presents Landau Associates’ proposed scope of services and associated cost estimate for
geotechnical and environmental services during construction of the 72nd Avenue South Extension
project in Kent, Washington. Our proposed scope of services is based on our review of the project
plans for the proposed road extension; our general understanding of the project requirements and
construction schedule; and our familiarity with similar construction projects.
Project Understanding
The project includes constructing a new bridge across Mill Creek, which crosses the west side of the
Western Processing property in Kent, Washington. The proposed bridge will consist of a single-span
concrete bridge that will be supported on ground that will be improved using compaction grout
columns. The proposed project will also include pre-loading soft site soils, widening the existing road,
relocating/installing utilities, and modifications to certain Western Processing site features.
Proposed Scope of Services
The purpose of our services will be to provide geotechnical and environmental observation, testing,
and consultation services during earthwork and foundation-related construction activities for the
project. Our services will assist the City of Kent in determining that geotechnical-related construction
work related to site grading and foundation support is accomplished in general accordance with our
recommendations and the requirements of the project plans and specifications. Our proposed
services and associated estimated cost are based predominantly on part-time site visits that focus on
certain elements of the project. Our proposed scope of services includes the tasks described below.
EXHIBIT A
Services During Construction Proposal Landau Associates
April 22, 2016 2
Review of Project Plans and Specifications
Landau Associates has completed a review of the project plans and specifications that were prepared
by others for the project. The purpose of our review w as to familiarize our field representatives with
the geotechnical- and environmental-related sections of the project plans and specifications and
associated project requirements. Costs for the project plans and specification review have previously
been invoiced to the City and therefore, are not included in this proposal.
Observation Related to Utility Trench Backfill and Compaction
Landau Associates will provide a representative to observe backfill and compaction activities
associated with the installation of onsite utilities. The purpose of our services will be to document
that utility trench backfill is placed and compacted in general accordance with the requirements of
the project plans and specifications. We based our cost estimate on an assumed 8 site visits at 4 hours
each.
Observation Related to Environmental Conditions
Landau Associates will provide a representative to observe modifications to the following existing
Western Processing features; relocation of utilities to treatment plant, the removal of the existing
extraction U1 vault and replacement with a traffic rated manhole, extension of extraction well U2
vault to final roadside slope grade, extension of well vaults (5M4A,B and well pair RP28 and P26), and
installation and replacement of the western portion of the Western Processing perimeter fence. Prior
to removal of U1 vault, the environmental conveyance piping and electrical components will be
removed by Western Processing contractors. Upon completion of a U1 feeder vault, the control
components will be reinstalled by Western Processing contractors. Subcontractor costs for extraction
well U1 are not included in this cost estimate. We based our cost estimate on an assumed 4 site visits
at 8 hours each.
Landau Associates will provide environmental services associated with characterizing potentially
contaminated soils with excavation along the southern portion of the project and the bridge
foundation excavations. If excessive surface water containments are required in areas of known
shallow soil contamination, we will collect representative samples for analytical testing and
communicate results to the City for disposal coordination. We based our cost estimate on an assumed
4 site visits at 4 hours each for sampling, and 2 hours for each laboratory package for office labor to
compare data to disposal criteria and/or cleanup level and communicate findings to client. For the
purposes of this proposal, we assume a maximum of 10 soil samples and 2 water samples for chemical
analyses. Analytical testing will be conducted on a 2 week turn-around-time, with the exception of a
maximum of four bridge abutment foundation samples at an expedited 3 day turn-around-time, at a
Washington State certified laboratory.
Services During Construction Proposal Landau Associates
April 22, 2016 3
Well Decommissioning or Maintenance
During site grubbing activities at the Bayside Automotive property (northern portion of project), a
total of 15 aboveground monitoring wells were located. Landau Associates has completed a site
reconnaissance of the wells to determine their condition and location. Based on the field observations
and available well logs, a total of six of the wells are located within the footprint of the proposed
roadway and are recommended for decommissioning. At the request of the City, Landau Associates
conducted Holocene Drilling Inc. to develop a cost estimate and schedule to either decommission the
wells or raise the wells to the proposed road grade. Well decommissioning or maintenance will be
conducted using the existing contract with Scarsella Brothers Inc. The labor for conducting the site
reconnaissance and coordination with the drilling company has been completed and invoiced to the
City and therefore, are not included in this proposal. We estimate a nominal amount of labor to
continue to support the well activities and documenting activities, per Washington State Department
of Ecology requirements.
Observation of Compaction Grouting Activities
Landau Associates’ field representative will observe compaction grouting activities prior to the
placement of the preload. The purpose of these observations is to verify the effectiveness and
adequacy of the soil improvement methods in general accordance with the requirements of the
project plans and specifications. We based our cost estimate on an assumed 25 site visits at 8 hours
each.
Observation of Preload Placement and Settlement Monitoring Review
Landau Associates’ field representative will observe placement of the preload material, as well as
review the settlement monitoring data. The purpose of these observations is to verify the
effectiveness and adequacy of the soil improvement methods in accordance with the plans and
specifications. We based our cost estimate on an assumed 5 site visits at 8 hours each and 5 site visits
at 4 hours each.
Observation of Bridge Foundation Subgrades
Landau Associates’ field representative will observe bridge foundation subgrades prior to the
placement of reinforcing steel and concrete. The purpose of these observations is to verify subgrade
conditions and the adequacy of the exposed soil to support the foundation loads in accordance with
the design allowable soil bearing pressures. We based our cost estimate on an assumed 4 site visits at
4 hours each.
Observation and Testing Related to Pavement Subgrades
Landau Associates’ field representative will observe pavement subgrades prior to the placement of
base course and surfacing materials to confirm that dense and non-yielding soils are present. Landau
Services During Construction Proposal Landau Associates
April 22, 2016 4
Associates’ field representative will also test the density of the base course materials beneath paved
areas. We assumed 8 site visits at 4 hours each.
Grout, Reinforced Concrete, and Asphalt Concrete Observation and
Testing
The City of Kent has requested that Landau Associates coordinate and oversee grout, reinforced
concrete, and asphalt concrete testing services. Landau Associates will provide office coordination
services; however, the grout, reinforced concrete, and asphalt concrete testing services will be
conducted by Construction Testing Laboratories (CTL) under subcontract to Landau Associates. Based
on their review of the project specifications, CTL estimated that a budget of approximately $10,270
will be required to conduct grout, reinforced concrete, and asphalt concrete testing services. For the
purpose of estimating costs, Landau Associates assumes t he cost to coordinate and manage CTL’s
work will be equal to 5 percent of their estimated budget.
CTL’s cost estimate is based on the following assumptions:
Item
Technician
Hours
Test Specimens Trip Charges
Concrete / Rebar 40 40 Compressive Strength Tests 16
Grout Columns 60 60 Compressive Strength Tests 24
Asphalt Concrete 25 2 Rice Densities and 2 Extractions / Gradations 3
Geotechnical Laboratory Testing
Landau Associates will perform laboratory testing on materials used as site grading fill, structural fill,
trench backfill, and base course materials to confirm they meet specifications. Landau Associates will
perform grain-size testing on proposed fill materials to verify compliance with project plans and
specifications. For the purpose of this proposal, we assume that a maximum of 5 grain size analyses
and 5 optimum moisture/maximum dry density tests (Proctors) will be performed.
Report Preparation and Submittal
During construction, our onsite representative and CTL’s representative will prepa re daily field reports
after each site visit. A copy of the daily field reports will be transmitted to the City, the contractor,
and others as directed. At the completion of the project, a summary report of the construction
observation and testing services performed will be prepared. The summary report will include an
evaluation of the suitability of the work was conducted in general accordance to the project plans and
specifications.
Services During Construction Proposal Landau Associates
April 22, 2016 5
Attend Construction Meetings
Landau Associates’ field representative wil l attend weekly construction meetings, as needed. We
based our cost estimate on the following meeting schedule:
One month of weekly meetings to be attended by two representatives of Landau Associates
(one geotechnical and one environmental representative)
Two months of weekly meetings to be attended by one representatives of Landau Associates
Six months of one meeting per month to be attended by one representatives of Landau
Associates.
Project Management
Landau Associates’ project manager will provide project review and geotechnical and environmental
consultation related to the tasks outlined above. Our fee estimate assumes that the Landau
Associates project manager will spend up to about 3 hours per week (on average) during
geotechnical- and environmental-related construction phases of the project. For estimating purposes,
we have assumed the majority of our services will span a period of about 20 weeks. Project
management tasks would include coordinating field monitoring site visits, reviewing certain
geotechnical related submittals from the contractor, reviewing and routing field reports, reviewing
density test results, and addressing geotechnical and environmental issues that may arise.
Assumptions
The services rendered by our field representative and our office will consist of professional opinions
and recommendations made in accordance with generally accepted geotechnical engineering
practices and environmental considerations. Under no circumstances would it be the intent of our
field representative to directly control the physical activities of the contractor or the contractor’s
workers. The presence of our field representative at the site is to provide to the owner and design
team a source of professional opinion and advice based on the field repres entative’s observations of
the contractor’s work. Our services do not include any superintending, supervision, or direction of the
contractor’s workers. Any construction review of the contractor’s performance is not intended to
include review of the adequacy of the contractor’s safety measures in, on, or near the construction
site. In accordance with generally accepted construction practices, the contractor will be solely and
completely responsible for working conditions at the job site, including safety of persons and property
during performance of the work. It is assumed that construction is planned to begin no sooner than
early April 2016, and is expected to continue for about 12 months. It is also assumed that the City will
have a full time inspector on-site for the duration of the project.
Services During Construction Proposal Landau Associates
April 22, 2016 6
Cost Estimate
We estimate the cost for our proposed scope of services will be about $123,150 in general accordance
with the following breakdown:
Review of Project Plans and Specifications $ 0.00
Observation Related to Utility Trench Backfill and Compaction $ 5,250
Observation Related to Environmental Conditions (includes $4,850 in
subcontractor fees) $ 18,800
Well Decommissioning or Maintenance $ 1,000
Observation of Compaction Grouting Activities $ 31,600
Observation of Preload Placement and Settlement Data Review $ 9,200
Observation of Bridge Foundation Subgrades $ 3,400
Observation and Testing Related to Pavement Subgrades $ 10,400
Grout, Reinforced Concrete, and Asphalt Concrete Observation and
Testing (includes $10,270 in subcontractor fees $ 12,075
Geotechnical Laboratory Testing $ 1,425
Attend Construction Meeting $ 14,500
Report Preparation and Submittal $ 6,000
Project Management $ 9,500
Estimated Total $ 123,150
We propose to provide our above-described services on a time-and-expenses basis according to the
budget set forth above and on the attached compensation schedule. We prepared our cost estimate
to reflect our understanding of the project requirements and our anticipated role in geotechnical- and
environmental related project elements. However, uncertainty exists about the construction methods,
schedule, and sequence, all of which have a direct effect on the level of effort and the cost for
geotechnical services during construction. Consequently, the costs for the various tasks outlined
herein could vary substantially from those estimated. If the construction schedule requires that our
representative be onsite for time durations other than those estimated herein, we will contact you to
Services During Construction Proposal Landau Associates
April 22, 2016 7
discuss project requirements and any necessary modifications to our scope of services and/or budget
estimate.
Authorization
Our services will be provided in accordance with the amendment to the 72nd Avenue South Extension
Consultant Services Agreement (dated April 15, 2015). To provide authorization to proceed, please
sign in the space provided and return one copy of this letter, or authorize by your preferred method.
Landau Associates appreciates the opportunity to submit this proposal and we look forward to
continuing to working with the City of Kent on this project. If you have any questions or comments
regarding this proposal, please call us at (425) 778-0907.
LANDAU ASSOCIATES, INC.
Christine Kimmel, LG
Associate
CBK/rgm
2016-3478
Attachment: Compensation Schedule
COMPENSATION SCHEDULE – 2015
T: Templates\Contracts\Compensation Schedule 2015A Landau Associates
Personnel Labor Hourly Rate
Senior Principal 245
Principal 221
Senior Associate 201
Associate 181
Senior 162
Senior Project 147
Project 134
GIS Analyst 134
Senior Staff / CAD Designer 119
Staff / Senior Technician II 105
CAD / GIS Technician 105
Project Coordinator 97
Assistant / Senior Technician I 92
Technician 77
Support Staff 66
Expert professional testimony in court, deposition, declaration, arbitration, or public testimony is charged at
1.5 times the hourly rate.
Rates apply to all labor, including overtime.
Equipment
Field, laboratory, and office equipment used in the direct performance of authorized work is charged at unit rates.
A rate schedule will be provided on request.
Subcontractor Services and Other Expenses
Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services
will normally be charged at a rate of cost plus a twelve percent (12%) handling charge. A higher handling charge for
technical subconsultants and for high-risk field operations may be negotiated on an individual project basis;
similarly, a lower handling charge may be negotiated on projects requiring disproportionally high subconsultant
involvement.
Invoices
Invoices for Landau Associates’ services will be issued monthly. Interest of 1½ percent per month (but not
exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days.
Term
Unless otherwise agreed, Landau Associates reserves the right to make reasonable adjustments to our compensation
rates over time (e.g., long-term continuing projects).
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal 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 $3,000,000 each occurrence, $3,000,000 general
aggregate.
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less than $3,000,000 per claim and $3,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than 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.
Agenda Item: Consent Calendar – 7F_
TO: City Council
DATE: May 17, 2016
SUBJECT: ICMA-RC Three Year Administrative Services Agreement – Authorize
SUMMARY: Amendment of the ICMA-RC Plan Administrative Services Agreement for a
three year administration services agreement beginning on June 1, 2016, execution
date and ending three years after the execution date. The plan expenses are paid by
the employees who contribute funds into the ICMA-RC 457 Deferred Compensation
program.
EXHIBITS: ICMA-RC 457 Deferred Compensation Agreement
RECOMMENDED BY: Operations Committee
YEA: Ralph, Thomas, Boyce NAY:
BUDGET IMPACTS: None
MOTION: Authorize the Mayor to sign the ICMA-RC 457 Deferred
Compensation three-year Administrative Services Agreement subject to
approval of final terms and conditions by the City Attorney.
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RS
ADMINISTRATIVE SERVICES AGREEMENT
Between
ICMA Retirement Corporation
and
City of Kent
Type: 457
Account #: 301655
Plan number 301655
2
ADMINISTRATIVE SERVICES AGREEMENT
This Administrative Services Agreement (“Agreement”), made as of the 1st
day of February , 20156 (herein referred to as the “Inception Date”), between the
International City Management Association Retirement Corporation (“ICMA-RC”), a
nonprofit corporation organized and existing under the laws of the State of Delaware, and
the City of Kent (“Employer”), a City organized and existing under the laws of the State
of WashingtonColorado with an office at 220 4th Avenue South, 4th floor, Kent,
Washington 98032-5838.
RECITALS
Employer acts as public plan sponsor of a retirement plan (“Plan”), and in that
capacity, has responsibility to obtain administrative services and investment alternatives
for the Plan;
VantageTrust is a group trust established and maintained in accordance with New
Hampshire Revised Statutes Annotated section 391:1 and Internal Revenue Service
Revenue Ruling 81-100, 1981-1 C.B. 326, which provides for the commingled
investment of retirement funds held by various state and local governmental units for
their employees;
ICMA-RC acts as investment adviser to VantageTrust Company, LLC, the
Trustee of VantageTrust;
ICMA-RC has designed, and VantageTrust offers, a series of separate funds (the
“Funds”) for the investment of plan assets as referenced in VantageTrust’s principal
disclosure document, “Making Sound Investment Decisions: A Retirement Investment
Guide” and the accompanying VantageTrust Fund Fees and Expenses document
(“Retirement Investment Guide”);
The Funds are available only to public employers and only through VantageTrust
and ICMA-RC; and
In addition to serving as investment adviser to VantageTrust, ICMA-RC provides
a range of services to public employers for the operation of employee retirement plans
including, but not limited to, communications concerning investment alternatives,
account maintenance, account recordkeeping, investment and tax reporting, transaction
processing, benefit disbursement, and asset management.
Formatted: Superscript
Plan number 301655
3
AGREEMENTS
1. Appointment of ICMA-RC
Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all
nondiscretionary functions necessary for the administration of the Plan. The functions to
be performed by ICMA-RC shall be those set forth in Exhibit A to this Agreement.
2. Adoption of Trust
Employer has adopted the Declaration of Trust of VantageTrust Company and agrees to
the commingled investment of assets of the Plan within VantageTrust. Employer agrees
that the investment, management, and distribution of amounts deposited in VantageTrust
shall be subject to the Declaration of Trust, as it may be amended from time to time and
shall also be subject to terms and conditions set forth in disclosure documents (such as
the Retirement Investment Guide or Employer Bulletins) as those terms and conditions
may be adjusted from time to time.
3. Exclusivity Agreement
Employer agrees that for the initial or succeeding term of this Agreement specified in
Section 10, so long as ICMA-RC continues to perform in all material respects the
services to be performed by it under this Agreement, Employer shall not obtain plan
administration from anyone other than ICMA-RC. Employer acknowledges that ICMA-
RC has agreed to the compensation to be paid to ICMA-RC under this Agreement in the
expectation that ICMA-RC will be able to offset costs allocable to performing this
Agreement with revenues arising from Employer's exclusive use of ICMA-RC at the
rates provided herein throughout the initial or succeeding term.
4. Employer Duty to Furnish Information
Employer agrees to furnish to ICMA-RC on a timely basis such information as is
necessary for ICMA-RC to carry out its responsibilities as Administrator of the Plan,
including information needed to allocate individual participant accounts to Funds in
VantageTrust, and information as to the employment status of participants, and
participant ages, addresses, and other identifying information (including tax identification
numbers). Employer also agrees that it will notify ICMA-RC in a timely manner
regarding changes in staff as it relates to various roles. This is to be completed through
the online EZLink employer contact options. ICMA-RC shall be entitled to rely upon the
accuracy of any information that is furnished to it by a responsible official of the
Employer or any information relating to an individual participant or beneficiary that is
furnished by such participant or beneficiary, and ICMA-RC shall not be responsible for
any error arising from its reliance on such information. ICMA-RC will provide reports,
statements and account information to the Employer through EZLink, the online plan
administrative tool.
Plan number 301655
4
Employer is required to send in contributions through EZLink, the online plan
administration tool provided by ICMA-RC. Alternative electronic methods may be
allowed, but must be approved by ICMA-RC for use. Contributions may not be sent
through paper submittal documents.
To the extent Employer selects third-party funds that do not have fund profile
information provided to ICMA-RC through our electronic data feeds from external
sources (such as Morningstar) or third party fund providers, the Employer is responsible
for providing to ICMA-RC timely fund investment updates for disclosure to Plan
participants. Such updates may be provided to ICMA-RC through the Employer’s
investment consultant or other designated representative.
Failure to provide timely fund profile update information, including the source of the
information, may result in a lack of fund information for participants, as ICMA-RC will
remove outdated fund profile information from the systems that provide fund information
to Plan participants.
5. Certain Representations and Warranties
ICMA-RC represents and warrants to Employer that:
(a) ICMA-RC is a non-profit corporation with full power and authority to
enter into this Agreement and to perform its obligations under this
Agreement. The ability of ICMA-RC to serve as investment adviser to
VantageTrust is dependent upon the continued willingness of
VantageTrust for ICMA-RC to serve in that capacity.
(b) ICMA-RC is an investment adviser registered as such with the U.S.
Securities and Exchange Commission under the Investment Advisers Act
of 1940, as amended.
(c) ICMA-RC shall maintain and administer the Plan in accordance with the
requirements for eligible deferred compensation plans under Section 457
of the Internal Revenue Code and other applicable federal law; provided,
however, that ICMA-RC shall not be responsible for the eligible status of
the Plan in the event that the Employer directs ICMA-RC to administer the
Plan or disburse assets in a manner inconsistent with the requirements of
Section 457 or otherwise causes the Plan not to be carried out in
accordance with its terms. Further, in the event that the Employer uses its
own customized plan document, ICMA-RC shall not be responsible for
the eligible status of the Plan to the extent affected by terms in the
Employer’s plan document that differ from those in ICMA-RC’s standard
plan document. ICMA-RC shall not be responsible for monitoring state or
local law or for administering the Plan in compliance with local or state
requirements unless Employer notifies ICMA-RC of any such local or
state requirements.
Plan number 301655
5
Employer represents and warrants to ICMA-RC that:
(d) Employer is organized in the form and manner recited in the opening
paragraph of this Agreement with full power and authority to enter into
and perform its obligations under this Agreement and to act for the Plan
and participants in the manner contemplated in this Agreement. Execution,
delivery, and performance of this Agreement will not conflict with any
law, rule, regulation or contract by which the Employer is bound or to
which it is a party.
(e) Employer understands and agrees that ICMA-RC’s sole function under
this Agreement is to act as recordkeeper and to provide administrative,
investment or other services at the direction of Plan participants, the
Employer, its agents or designees in accordance with the terms of this
Agreement. Under the terms of this Agreement, ICMA-RC does not
render investment advice, is not the Plan Administrator or Plan Sponsor as
those terms are defined under applicable federal, state, or local law, and
does not provide legal, tax or accounting advice with respect to the
creation, adoption or operation of the Plan and its related trust. ICMA-RC
does not perform any service under this Agreement that might cause
ICMA-RC to be treated as a “fiduciary” of the Plan under applicable law,
except, and only, to the extent that ICMA-RC provides investment
advisory services to individual participants enrolled in Guided Pathways.
(f) Employer acknowledges and agrees that ICMA-RC does not assume any
responsibility with respect to the selection or retention of the Plan’s
investment options. Employer shall have exclusive responsibility for the
Plan’s investment options, including the selection of the applicable mutual
fund share class. Where applicable, Employer understands that the VT
Retirement Income Advantage Fund is an investment option for the Plan
and that the fund invests in a separate account available through a group
variable annuity contract. By entering into this Agreement, Employer
acknowledges that it has received the Important Considerations document
and the Retirement Investment Guide and that it has read the information
therein concerning the VT Retirement Income Advantage Fund.
(g) Employer acknowledges that certain such services to be performed by
ICMA-RC under this Agreement may be performed by an affiliate or
agent of ICMA-RC pursuant to one or more other contractual
arrangements or relationships, and that ICMA-RC reserves the right to
change vendors with which it has contracted to provide services in
connection with this Agreement without prior notice to Employer.
(h) Employer acknowledges that it has received ICMA-RC’s Fee Disclosure
Statement, prepared in substantial conformance with ERISA regulations
regarding the disclosure of fees to plan sponsors.
Plan number 301655
6
(i) Employer approves the use of its Plan in ICMA-RC external media,
publications and materials. Examples include press releases
announcements and inclusion of the general plan information in request
for proposal responses.
6. Participation in Certain Proceedings
The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to
join the Employer as a necessary party in all legal proceedings involving the garnishment
of benefits or the transfer of benefits pursuant to the divorce or separation of participants
in the Plan. Unless Employer notifies ICMA-RC otherwise, Employer consents to the
disbursement by ICMA-RC of benefits that have been garnished or transferred to a
former spouse, current spouse, or child pursuant to a domestic relations order or child
support order.
7. Compensation and Payment
(a) (i) ICMA-RC’s compensation under this Agreement shall be as set forth in
subsections (b) below.
(ii) The investment advisory fee for the VT PLUS Fund shall be 0.21%
(21 basis points) of the daily balance of the Plan assets invested in the
PLUS Fund. This fee is inclusive of a 0.01% Trust operating expense fee.
(b) Revenue Requirement. ICMA-RC shall receive total annual aggregate
recordkeeping revenue of 0.08% from investment options offered by the
Plan. ICMA-RC shall provide an administrative allowance quarterly to
the Employer or to the Plan in an amount equal to any revenue in excess
of the revenue requirement. In the event that recordkeeping revenue
received by ICMA-RC from investment options offered by the Plan falls
below the revenue requirement, ICMA-RC and the Employer shall
mutually agree upon a method to make up the shortfall necessary to meet
the revenue requirement. Employer understands that the Plan
administrative allowance is to be used only to pay for reasonable plan
administrative expenses of the Plan or allocated to Plan participants at the
instruction of the Employer.
(c) Compensation for Management Services to VantageTrust,
Compensation for Advisory and other Services to The Vantagepoint
Funds and Payments from Third-Party Mutual Funds. Employer
acknowledges that, in addition to amounts payable under this Agreement,
ICMA-RC receives fees from VantageTrust for investment advisory
services and plan and participant services furnished to VantageTrust.
Employer further acknowledges that certain wholly owned subsidiaries of
ICMA-RC receive compensation for advisory and other services furnished
to The Vantagepoint Funds, which serve as the underlying portfolios of a
Plan number 301655
7
number of Funds offered through VantageTrust. For a VantageTrust Fund
that invests substantially all of its assets in a third-party mutual fund not
affiliated with ICMA-RC, ICMA-RC or its wholly owned subsidiary
receives payments from the third-party mutual fund families or their
service providers in the form of 12b-1 fees, service fees, compensation for
sub-accounting and other services provided based on assets in the
underlying third-party mutual fund. These fees are described in the
Retirement Investment Guide and ICMA-RC’s fee disclosure statement.
In addition, to the extent that third party mutual funds are included in the
investment line-up for the Plan, ICMA-RC receives administrative fees
from its third party mutual fund settlement and clearing agent for
providing administrative and other services based on assets invested in
third party mutual funds; such administrative fees come from payments
made by third party mutual funds to the settlement and clearing agent.
(d) Redemption Fees. Redemption fees imposed by outside mutual funds in
which Plan assets are invested are collected and paid to the mutual fund by
ICMA-RC. ICMA-RC remits 100% of redemption fees back to the
specific mutual fund to which redemption fees apply. These redemption
fees and the individual mutual fund’s policy with respect to redemption
fees are specified in the prospectus for the individual mutual fund and
referenced in the Retirement Investment Guide.
(e) Payment Procedures. All payments to ICMA-RC pursuant to this Section
7 shall be made from Plan assets held by VantageTrust or received from
third-party mutual funds or their service providers in connection with Plan
assets invested in such third-party mutual funds, to the extent not paid by
the Employer. The amount of Plan assets administered by ICMA-RC shall
be adjusted as required to reflect any such payments as are made from the
Plan. In the event that the Employer agrees to pay amounts owed pursuant
to this Section 7 directly, any amounts unpaid and outstanding after 30
days of invoice to the Employer shall be withdrawn from Plan assets.
The compensation in this Section 7 will take effect on February 1January 1, 2016
contingent upon receipt of a fully executed agreement before that date.
The compensation and payment set forth in this Section 7 is contingent upon the
Employer’s use of ICMA-RC’s EZLink system for contribution processing and
submitting contribution funds by ACH or wire transfer on a consistent basis over the
term of this Agreement.
Employer further acknowledges and agrees that compensation and payment under this
Agreement shall be subject to re-negotiation in the event that the Employer chooses
to implement additional funds not on ICMA-RC’s mutual fund platform.
Plan number 301655
8
8. Contribution Remittance
Employer understands that amounts invested through VantageTrust are to be remitted
directly to VantageTrust in accordance with instructions provided to Employer by ICMA-
RC and are not to be remitted to ICMA-RC. In the event that any check or wire transfer is
incorrectly labeled or transferred to ICMA-RC, ICMA-RC may return it to Employer
with proper instructions.
9. Indemnification
ICMA-RC shall not be responsible for any acts or omissions of any person with respect
to the Plan or its related trust, other than ICMA-RC in connection with the administration
or operation of the Plan. Employer shall indemnify ICMA-RC against, and hold ICMA-
RC harmless from, any and all loss, damage, penalty, liability, cost, and expense,
including without limitation, reasonable attorney’s fees, that may be incurred by, imposed
upon, or asserted against ICMA-RC by reason of any claim, regulatory proceeding, or
litigation arising from any act done or omitted to be done by any individual or person
with respect to the Plan or its related trust, excepting only any and all loss, damage,
penalty, liability, cost or expense resulting from ICMA-RC’s negligence, bad faith, or
willful misconduct.
ICMA-RC will not be responsible for any acts or omissions of any person, other than the
acts or omissions of ICMA-RC or VantageTrust or their respective officers, employees,
agents, or assigns, in connection with the administration or operation of the Plan or its
related trust, including Vantage Trust. Employer shall indemnify ICMA-RC against, and
hold ICMA-RC harmless from, any and all loss, damage, penalty, liability, cost, and
expense, including without limitation, reasonable attorney’s fees, that may be incurred
by, imposed upon, or asserted against ICMA-RC by reason of any claim, regulatory
proceeding, or litigation arising from any act done or omitted to be done by any
individual or person with respect to the Plan or its related trust, excepting only any and
all loss, damage, penalty, liability, cost or expense resulting from the negligence, bad
faith, or willful misconduct of ICMA-RC or VantageTrust and their respective officers,
employees, agents, and assigns.
10. Term
This Agreement shall be in effect and commence on FebruaryJanuary 1, 2016 (“Inception
Date”). The term of this Agreement will commence on the Inception Date and extend
three (3) years from that date. This Agreement will be renewed automatically for each
succeeding year unless written notice of termination is provided by either party to the
other no less than 60 days before the end of such Agreement year. The Employer
understands and agrees that, in the event the Employer terminates this Agreement (or
replaces the VT PLUS Fund as an investment option in its investment line-up), ICMA-
RC retains full discretion to release Plan assets invested in the VT PLUS Fund in an
orderly manner over a period of up to 12 months from the date ICMA-RC receives
written notification from the Employer that it has made a final and binding selection of a
replacement for ICMA-RC as administrator of the Plan (or a replacement investment
option for the VT PLUS Fund).
Plan number 301655
9
11. Amendments and Adjustments
(a) This Agreement may be amended by written instrument signed by the parties.
(b) ICMA-RC may not amend this agreement without the City of Kent’s written
agreement.by providing 60 days’ advance written notice to the Employer prior to
the effective date of such proposed amendment. Such amendment shall become
effective unless, within the 60-day notice period, the Employer notifies ICMA-RC
in writing that it objects to such amendment.
(c) The parties agree that enhancements may be made to administrative and
operations services under this Agreement. The Employer will be notified of
enhancements through the Employer Bulletin, quarterly statements, electronic
messages or special mailings. Likewise, if there are any reductions in fees, these
will be announced through the Employer Bulletin, quarterly statement, electronic
messages or special mailing.
12. Notices
All notices required to be delivered under this Agreement shall be in writing and shall be
delivered, mailed, e-mailed or faxed to the location of the relevant party set forth below
or to such other address or to the attention of such other persons as such party may
hereafter specify by notice to the other party.
ICMA-RC: Legal Department, ICMA Retirement Corporation, 777
North Capitol Street, N.E., Suite 600, Washington, D.C., 20002-4240
Facsimile; (202) 962-4601
Employer: at the office set forth in the first paragraph hereof, or to any
other address, facsimile number or e-mail address designated by the
Employer to receive the same by written notice similarly given.
Each such notice, request or other communication shall be effective: (i) if given by
facsimile, when transmitted to the applicable facsimile number and there is appropriate
confirmation of receipt; (ii) if given by mail or e-mail, upon transmission to the
designated address with no indication that such address is invalid or incorrect; or (iii) if
given by any other means, when actually delivered at the aforesaid address.
13. Complete Agreement
This Agreement including Exhibit A and Exhibit B shall constitute the complete and full
understanding and sole agreement between ICMA-RC and Employer relating to the
object of this Agreement and correctly sets forth the complete rights, duties and
obligations of each party to the other as of its date. This Agreement supersedes all written
and oral agreements, communications or negotiations among the parties. Any prior
agreements, promises, negotiations or representations, verbal or otherwise, not expressly
set forth in this Agreement are of no force and effect.
Plan number 301655
10
14. Titles
The headings of Sections of this Agreement and the headings for each of the attached
schedules are for convenience only and do not define or limit the contents thereof.
15. Incorporation of Schedules
All Schedules (and any subsequent amendments thereto), attached hereto, and referenced
herein, are hereby incorporated within this Agreement as if set forth fully herein.
Plan number 301655
11
1616. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington applicable to contracts made in that jurisdiction without reference to
its conflicts of laws provisions.
With the exception of the attorney fee obligations in Section 9 of this agreement, each
party will be responsible for the payment of all its own attorney fees and legal costs,
incurred by reason of any claim, regulatory proceeding, or litigation arising from or
connected with this agreement.
In Witness Whereof, the parties hereto certify that they have read and understand this
Agreement and all Schedules attached hereto and have caused this Agreement to be
executed by their duly authorized officers as of the Inception Date first above written.
CITY OF KENT
By _____________________________
Signature/Date
By _____________________________
Name and Title (Please Print)
INTERNATIONAL CITY MANAGEMENT
ASSOCIATION RETIREMENT CORPORATION
By _____________________________
Erica McFarquhar
Assistant Secretary
Please return fully executed contract to: New Business Services
ICMA-RC
777 North Capitol Street NE
Suite 600
Washington DC 20002-4240
Plan number 301655
12
Exhibit A
Administrative Services
The administrative services to be performed by ICMA-RC under this Agreement shall be
as follows:
(a) Participant enrollment services, including providing a welcome package and
enrollment kit containing instructions and notices necessary to implement
the Plan’s administration. Employees will enroll online or through the City
of Kent’s Employee Self Service (ESS) system.a paper form. ICMA-RC
will provide an enrollment link through the general ICMA-RC web
site. Employer will also make available the online enrollment link in their
Intranet site or via email to new employees. Em Employer can also enroll
employees through EZLink.
(b) Establishment of participant accounts for each employee participating in the
Plan for whom ICMA-RC receives appropriate enrollment instructions.
ICMA-RC is not responsible for determining if such Plan participants are
eligible under the terms of the Plan.
(c) Allocation in accordance with participant directions received in good
order of individual participant accounts to investment funds offered under
the Plan.
(d) Maintenance of individual accounts for participants reflecting amounts
deferred, income, gain or loss credited, and amounts distributed as
benefits.
(e) Maintenance of records for all participants for whom participant accounts
have been established. These files shall include enrollment instructions
(provided to ICMA-RC through Account Access or EZLink), beneficiary
designation instructions and all other and documents concerning each
participant's account.
(f) Provision of periodic reports to the Employer through EZLink.
Participants will have access to account information through Investor
Services, Voice Response System, Account Access and through quarterly
statements that can be delivered electronically through Account Access or
by postal service.
(g) Communication to participants of information regarding their rights and
elections under the Plan.
(h) Making available Investor Services Representatives through a toll-free
telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday
through Friday (excluding holidays and days on which the securities
markets or ICMA-RC are closed for business (including emergency
closings), to assist participants.
Plan number 301655
13
(i) Making available access to ICMA-RC’s web site, to allow participants to
access certain account information and initiate plan transactions at any
time. Account access is normally available 24 hours a day, seven days a
week except during scheduled maintenance periods designed to
ensure high-quality performance. The scheduled maintenance window is
outlined at https://harper1.icmarc.org/login.jsp
(j) Distribution of benefits as agent for the Employer in accordance with
terms of the Plan. Participants who have separated from service can
request distributions through Account Access or via form.
(k) Upon approval by the Employer that a domestic relations order is an
acceptable qualified domestic relations order under the terms of the Plan,
ICMA-RC will establish a separate account record for the alternate payee
and provide for the investment and distribution of assets held there under.
(l) Loans may be made available on the terms specified in the Loan Guidelines,
if loans are adopted by the Employer. Participants can request loans through
Investor Services or Account Access.
(m) Guided Pathways – Participant Advice and Guidance may be made
available through a third party vendor on the terms specified on ICMA-
RC’s website.
(n) ICMA-RC will determine appropriate delivery method (electronic and/or
print) for plan sponsor/participant communications and education based on
a number of factors (audience, effectiveness, etc.).
Plan number 301655
14
Exhibit B
City of Kent
Performance Standards
On Site Service
I. ICMA-RC will staff one local Retirement Plans Specialist and an additional Retirement Plans Specialist,
as needed, who will be supported by the Regional Director. ICMA-RC will also provide the services of a
salaried Certified Financial Planner professional. ICMA-RC agrees to offer annually:
• A minimum of 8 education workshops (minimum)
• 1 two hour4 one hour financial planning seminar and 4 days of individual meetings (minimum)
• Up to 360 ½ hour individual counseling sessions
II. Each local representative assigned to the City’s account will hold a minimum of their FINRA Series 6/63
designations.
III. ICMA-RC will conduct the stated number of contractual onsite individual and group
enrollment/education meetings for employees beginning on the effective date of this Agreement.
IV. The Employer may adjust these numbers as appropriate but any increase in minimum amounts
required must be mutually agreed upon by the Employer and ICMA-RC.
Reports
I. ICMA-RC agrees to provide the Employer the following reports:
Employer statement of account Quarterly**
Activity Reports Daily**
Summary by Investment Daily**
Web Activity Monthly**
Automated Telephone Transactions Annual
Comprehensive Plan and Fund Review Annual
Revenue Accounting Report Quarterly
** These reports are available through EZLink, the Employer on-line tool
II. ICMA-RC will provide reports each year detailing all education and communication activity including the
number of group and individual sessions conducted during the year, and the number of participants
attending sessions on each educational topic.
Distributions
I. ICMA-RC will assist the participant in preparing the necessary forms to select his/her distribution option.
This would also include those distributions covered in the Plan’s deminimus provisions and those
distributions covered by law.
II. Requests for immediate lump sum payment received in good order by 4:00 Eastern Time are paid within
two business days if all plan waiting periods have been met and all documentation is in good order.
III. ICMA-RC agrees to provide Plan participants anticipating retirement or other separation from service
with illustrations indicating monthly benefit payments at an assumed interest rate for savings accounts or
an assumed rate of earnings for mutual fund investments. Such assumed interest rate or rate of
earnings shall be for illustration purposes only. The actual interest rate/yield paid on savings products
during distribution may change quarterly. For variable investment options, earnings will be those
actually earned.
Plan number 301655
15
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Agenda Item: Consent Calendar – 7G_
TO: City Council
DATE: May 17, 2016
SUBJECT: Bill of Sale for Stryker Business Center at Pacific Gateway – Accept
SUMMARY: Stryker Business Center is located at South 204th St., east of 59th Place S,
Kent, WA
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: None
MOTION: Authorize Council to accept the Bill of Sale for Stryker Business
Center at Pacific Gateway, for: Watermains, including 12 gate valves, 4
hydrants, 720 linear feet of 12” ductile iron, and 118 linear feet of 6”
ductile iron; new streets, including; 624 linear feet of industrial street;
frontage improvements, including 624 linear feet of lights, trees and
landscaping; storm sewers, including 325 linear feet of 12” PVC sewer line
and 27 linear feet of 15” PVC sewer line, along with 6 catch basins.
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Agenda Item: Consent Calendar – 7H_
TO: City Council
DATE: May 17, 2016
SUBJECT: Appointments to the Lodging Tax Advisory Committee – Approve
SUMMARY: The City Council recently expanded the membership of the Lodging Tax
Advisory Committee from seven to nine members by adding one representative
position each from the hotel community and from the visitor promotion community in
Kent to broaden and deepen the Committee’s representation of the community as
Kent continues to grow and take more proactive steps to market itself in the region,
around the state, and beyond.
The two new members to be appointed are Andrea Keikkala, Executive Director of the
Kent Chamber of Commerce and Bryan Powell, General Manager at the Kent Ramada.
Both appointments were approved by the Economic & Community Development
Committee with a 3-0 vote at the May 9, 2016 meeting.
EXHIBITS: None
RECOMMENDED BY: Economic & Community Development Committee
YEA: Boyce, Berrios, Budell NAY:
BUDGET IMPACTS: None
MOTION: Authorize the Mayor to approve the appointments of Bryan
Powell and Andrea Keikkala to the Lodging Tax Advisory Committee as new
members serving a new 3 year term.
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Agenda Item: Consent Calendar – 7I_
TO: City Council
DATE: May 17, 2016
SUBJECT: Countywide Planning Policies, Strategies for Affordable Housing -
Resolution – Adopt
SUMMARY: Initially adopted in the early 1990’s, the countywide Planning Policies
(CPPs) provide a framework for Kent and other cities in King OCunty to conduct
planning under the requirements of the Growth Management Act (GMA). This
framework ensures that city and county comprehensive plans are consistent. While
the CPPs have been amended periodically, the first thorough update was adopted in
2013 to ensure that the CPPs are consistent with the changes that had occurred in the
previous twenty years. For that update, the Growth Management Planning Council
(GMPC) also directed that the revised policies include countywide direction on three
new policy areas: climate change, healthy communities and social equity.
The city of Seattle brought forth a proposal to amend the CPPs by adding clarifying
language allowing jurisdictions to consider the full range of programs, including
mandatory programs to meet each city’s share of the countywide need for affordable
housing.
On November 6, 2015 the GMPC recommended the CPPs be amended as follows:
H-8 Tailor housing policies and strategies to local need, conditions and opportunities,
recognizing the unique strengths and challenges of different cities and sub-regions.
Jurisdictions may consider a full range of programs, from optional to mandatory, that
will assist in meeting the jurisdiction’s share of the countywide need for affordable
housing.
On March 14, 2016 King County adopted and ratified GMPC Motion 15-2.the
Countywide Planning Policies become effective when ratified by ordinance or resolution
by at least 30 percent of the city and county governments representing 70 percent of
the population of King County. A city will be deemed to have ratified the amendments
to the CPPs unless the city takes legislative action to disapprove the amendments
within 90 days of adoption by King County, which in this case is June 25, 2016
EXHIBITS: Resolution
RECOMMENDED BY: Economic & Community Development Committee
YEA: Boyce, Berrios, Budell NAY:
BUDGET IMPACTS: None
MOTION: Adopt Resolution No. _, ratifying an amendment
to the King County Countywide Planning Policies (CPPs) to provide that
jurisdictions can consider the full range of programs that will assist in
meeting their share of the countywide need for affordable housing.
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RESOLUTION NO. ___________
A RESOLUTION of the City Council of the
City of Kent, Washington, ratifying the amendment
of the King County Countywide Planning Policies to
provide that jurisdictions can consider the full
range of programs including mandatory programs
that will assist in meeting their share of the
countywide need for affordable housing adopted by
the Metropolitan King County Council and pursuant
to the Growth Management Act.
RECITALS
A. The adoption of countywide planning policies is required under
the State Growth Management Act (GMA), pursuant to RCW 36.70A.210.
The Countywide Planning Policies (CPPs) provide a framework for Kent and
other cities in King County to conduct planning under the requirements of
GMA. This framework ensures that city and county comprehensive plans
are consistent.
B. On March 14, 2016, the Metropolitan King County Council
approved and ratified Growth Management Planning Council (GMPC) Motion
No. 15-2, adopted by the GMPC on November 6, 2015, to add new
language to policy H-8 to reflect the full range of programs, from optional
1
Countywide Planning
Affordable Housing
Resolution
to mandatory, that could assist a jurisdiction in meeting their share of the
countywide need for affordable housing.
C. Now the amendment and new policy are presented to
jurisdictions in King County for ratification.
D. The King County Council approved and ratified the new policy
on behalf of unincorporated King County pursuant to King County
Ordinance No. 18256.
E. The Kent City Council’s Economic and Community
Development Committee reviewed the text and policy amendments at its
meeting on May 9, 2016, and recommended approval to the full City
Council.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Amendment. The city of Kent, acting pursuant to the
interlocal agreement among King County, the city of Seattle, and
incorporated suburban cities, hereby ratifies the proposed amendment to
the Countywide Planning Policies as adopted by the Metropolitan King
County Council in King County Ordinance No. 18256, attached hereto and
incorporated as Exhibit A.
SECTION 2. – Public Inspection. The amendment to the Countywide
Planning Policies adopted herein shall be filed with the city clerk and placed
in the planning services office so they are available for inspection by the
public.
2
Countywide Planning
Affordable Housing
Resolution
SECTION 3. – Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 4. – Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
affirmed.
SECTION 5. – Effective Date. This resolution shall take effect
immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
city of Kent, Washington, this day of ____________, 2016.
The Mayor of the city of Kent hereby concurs this ______ day of
__________________, 2016.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
P:\Civil\Resolution\Countywide Planning Policy KC 18256.Docx
3
Countywide Planning
Affordable Housing
Resolution
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
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Agenda Item: Consent Calendar – 7J_
TO: City Council
DATE: May 17, 2016
SUBJECT: Building and Fire Codes Adoption and Amendments – Ordinance – Adopt
SUMMARY: The replacement of the older editions of these codes with the 2015
editions, including statewide amendments, is mandated by State statute and
administrative law, effective July 1, 2016. The attached proposed ordinances provide
local amendments that retain the current administrative provisions. Other
amendments to these codes are primarily housekeeping in nature.
Proposed local amendments to the International Fire Code will keep in place the ban
on the use of sky lanterns, provide additional tools in the enforcement of fire lanes,
standardize requirements to help streamline reporting and inspections, and create
additional flexibility in development regulations in the area of fire department access
and water supply. Other amendments to the fire code are primarily housekeeping in
nature.
As with the last (2012) code edition, these ordinances do not adopt the State
amendments to the International Residential Code that contain an optional Appendix V
requiring fire sprinkler systems in new single-family homes, duplexes and townhouses.
EXHIBITS: 1) Ordinance amending KCC 13.01
2) Ordinance amending KCC 14.01
RECOMMENDED BY: Economic & Community Development Committee
YEA: Boyce, Berrios, Budell NAY:
BUDGET IMPACTS: None
MOTION: Adopt Ordinance Nos _ and ,
amending various sections of Chapters 13.01 and 14.01 of the Kent City
Code to adopt the 2015 editions of the International Building, Existing
Building, Residential, Mechanical, Energy Conservation, Property
Maintenance and Fire Codes, and the Uniform Plumbing Code, together
with the City’s local amendments to those codes as depicted in these
ordinances, to revise Section 14.08.020 to refer to changes to the
adopted codes, and to make other housekeeping amendments.
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Ch. 13.01 of
the Kent City Code to adopt the 2015 edition of the
International Fire Code and to make other
housekeeping amendments and amendments
applicable to Kent.
RECITALS
A. In response to legislative amendments adopted by the State
of Washington, the Kent City Council enacted Ordinance No. 4082 on May
21, 2013, which adopted the 2012 edition of the International Fire Code.
The state recently adopted the 2015 edition of this code, which takes
effect and applies to all cities in the state on July 1, 2016. Therefore, it is
necessary to amend the Kent City Code to formally adopt the same.
B. In addition to adopting the 2015 code edition, this ordinance
also includes other housekeeping amendments, including updating
references to code sections that have been renumbered in the 2015
edition, and local amendments which maintain the ban on the use of sky
lanterns, provide additional tools in the enforcement of fire lanes,
standardize requirements to help streamline reporting and inspections, and
create additional flexibility in development regulations in the area of fire
department access and water supply.
1 Amend KCC 13.01 -
Re: Fire Codes
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 13.01 of the Kent City Code,
entitled “Fire Codes,” is hereby amended as follows:
Chapter 13.01
FIRE CODES
Sec. 13.01.010 Fire code – Adopted. In accordance with Chapter
19.27 RCW, the International Fire Code, 2012 2015 Edition, published by
the International Code Council, Inc., together with any additions,
deletions, and exceptions currently enacted or as may be amended from
time to time by the state of Washington through its Building Code Council
pursuant to Chapter 51-54A WAC, and as further amended in this chapter,
is hereby adopted and incorporated by this reference.
One (1) copy of the International Fire Code and the appendices adopted in
KCC 13.01.030(A) are on file with the city’s fire code official.
Sec. 13.01.020 Code conflicts. To the extent allowed by RCW
19.27.040, if a conflict exists between the provisions of the International
Fire Code adopted and amended by the Washington State Building Code
Council and the provisions of this chapter, the Kent City Code provisions
shall govern.
Sec. 13.01.030 Amendments to the International Fire Code –
Chapter 1, Scope and Administration. The following local amendments
to Chapter 1 of the International Fire Code, entitled “Scope and
Administration,” including all amendments enacted by the state of
2 Amend KCC 13.01 -
Re: Fire Codes
Washington, are hereby adopted and incorporated into the International
Fire Code as follows:
A. Scope and General Requirements – Fire code appendix adopted.
Section 101 of the International Fire Code, entitled “Scope and General
Requirements,” is amended by adding the following new subsection 101.6:
Sec. 101.6. Fire code appendix adopted. Appendix B
of the International Fire Code is hereby adopted.
B. General authority and responsibilities – Retained authority. Section
104 of the International Fire Code, entitled “General Authority and
Responsibilities,” is amended by adding the following new subsection
104.1.1:
Sec. 104.1.1. Retained authority – Additional
conditions. The fire code official retains the authority to
impose additional conditions where the official determines
it necessary to mitigate identified fire protection impacts
and problematic fire protection systems. These conditions
may include, by way of example and without limitation,
increased setbacks, use of fire retardant materials,
installation or modification of standpipes, automatic fire
sprinkler and fire alarm systems.
C. General authority and responsibilities – Lot lines and setback lines.
Section 104 of the International Fire Code, entitled “General Authority and
Responsibilities,” is amended by adding the following new subsection
104.12:
Sec. 104.12. Lot lines and setback lines.
Notwithstanding the authority of the fire code official to
administer and enforce the fire code, the fire code official
shall have no duty to verify or establish lot lines or
setback lines. No such duty is created by this code and
none shall be implied.
3 Amend KCC 13.01 -
Re: Fire Codes
D. Permits – Term. Section 105 of the International Fire Code, entitled
“Permits,” is amended by adding the following new subsection 105.1.4:
Sec. 105.1.4. Term. Operational permits issued in
accordance with this code shall be valid for a 12 month
period and are renewable at the end of that 12 month
term.
E. Permits – Expiration of project permit application. Section 105 of the
International Fire Code, entitled “Permits,” is amended by substituting
subsection 105.2.3 with the following:
Sec. 105.2.3. Expiration of project permit
application. Project permit applications that are subject
to Ch. 12.01 KCC or that require SEPA review are subject
to those deadlines. All other project permit applications
shall expire by limitation if no permit is issued within 180
days after the determination that a fully complete project
permit application has been submitted, unless the fire
code official determines, in his or her sole discretion, that
the application has been pursued in good faith. The fire
code official may extend the time for action on the permit
application for one or more periods, each period not
exceeding 90 days, upon written request by the applicant
if the applicant can demonstrate, to the satisfaction of the
fire code official, that circumstances beyond the
applicant’s control have prevented action from being
taken. If an application has expired, plans and other data
previously submitted for review may thereafter be
returned to the applicant or destroyed by the fire code
official. In order to renew action on an expired
application, the applicant shall resubmit plans and pay a
new review fee.
F. Permits – Electronic image. Section 105 of the International Fire
Code, entitled “Permits,” is amended by adding the following new
subsection 105.4.7:
Sec. 105.4.7. Electronic Image. Prior to final
inspection, the applicant shall provide to the fire code
4 Amend KCC 13.01 -
Re: Fire Codes
official an electronic image of issued construction
documents and corrected documents in accordance with
105.4.6.
G. Permits – Commercial kitchens. Section 105 of the International Fire
Code, entitled “Permits,” is amended by adding the following new
subsection 105.6.4750:
Sec. 105.6.4750. Commercial Kitchen. An operational
permit is required for all commercial kitchens with type I
hood systems.
H. Permits – Emergency and standby power systems. Section 105 of
the International Fire Code, entitled “Permits,” is amended by adding the
following new subsection 105.6.4851:
Sec. 105.6.4851. Emergency and standby power
systems. An operational permit is required for
emergency or standby power systems required by code
and identified in NFPA 110.
I. Permits – Emergency and standby power systems. Section 105 of
the International Fire Code, entitled “Permits,” is amended by adding the
following new subsection 105.7.1721:
Sec. 105.7.1721. Emergency and standby power
systems. A construction permit is required for the
installation of an emergency or standby power system
required by code and identified in NFPA 110.
J. Board of appeals. Section 108 of the International Fire Code,
entitled “Board of appeals,” is amended by substituting Section 108 with
the following:
Sec. 108. Board of appeals. The City of Kent hearings
examiner is designated as the board of appeals in order
to hear and decide appeals of orders, decisions, or
determinations made by the fire code official relative to
5 Amend KCC 13.01 -
Re: Fire Codes
the suitability of alternate materials, designs, and
methods of construction and appeals of the reasonable
application and interpretation of the building and fire
codes. Appeals shall be made as set forth in section
13.01.140 of the Kent City Code.
K. Violation – Penalties. Section 109 of the International Fire Code,
entitled “Violations,” is amended by substituting subsection 109.3 with the
following:
Sec. 109.3. Violation – penalties. Any person who
violates a provision of this code, or fails to comply with
any of its requirements, or who erects, constructs, alters,
or repairs a building or structure in violation of (a) the
approved construction documents, (b) a directive of the
fire code official, or (c) a permit or certificate issued
under the provisions of this code, shall be subject to
penalties as set forth in Ch. 13.02 of the Kent City Code
or as otherwise provided by law.
L. Fees. Section 113 of the International Fire Code, entitled “Fees,” is
amended by substituting subsection 113.1 with the following:
Sec. 113.1. Fees. The fire code official shall collect fees
as a condition to issuance or renewal of any permit or
certificate.
M. Fees – Schedule of permit fees. Section 113 of the International Fire
Code, entitled “Fees,” is amended by substituting subsection 113.2 with
the following:
Sec. 113.2. Schedule of Permit Fees. The fire code
official shall prepare a resolution establishing a schedule
of fees for council consideration, which fees shall include
the cost involved in the processing, issuance, and renewal
of permits and certificates. Any fee schedule adopted by
resolution shall govern the fee amount to be assessed for
any permit or certificate.
6 Amend KCC 13.01 -
Re: Fire Codes
N. Fees – Work commencing before permit issuance. Section 113 of the
International Fire Code, entitled “Fees,” is amended by substituting
subsection 113.3 with the following:
Sec. 113.3. Work commencing before permit
issuance. When work for which a permit is required by
this code has commenced without a permit, the fees shall
be doubled. The payment of such fees shall not relieve
any persons from the requirements of this code from any
penalties prescribed by this code.
O. Fees – Termination. Section 113 of the International Fire Code,
entitled “Fees,” is amended by adding the following new subsection 113.6:
Sec. 113.6. Termination. Failure to pay for either an
original permit or the required renewal within 60 days of
the date notice is given shall result in the City’s
termination of the permit or certificate application.
Sec. 13.01.040 Amendments to the International Fire Code –
Chapter 2, Definitions. The following local amendments to Chapter 2 of
the International Fire Code, entitled “Definitions,” including all
amendments enacted by the state of Washington, are hereby adopted and
incorporated into the International Fire Code as follows:
A. Definitions – General. Section 202 of the International Fire Code,
entitled “Definitions,” is amended by adding the following definition to
subsection 202:
OUTDOOR STORAGE. The storage of materials on-site which
are not in transit.
PROBLEMATIC FIRE PROTECTION SYSTEM. A fire protection
system that generates repeated preventable.
7 Amend KCC 13.01 -
Re: Fire Codes
Sec. 13.01.050 Amendments to the International Fire Code –
Chapter 3, General Requirements. The following local amendments to
Chapter 3 of the International Fire Code, entitled “General Requirements,”
including all amendments enacted by the state of Washington, are hereby
adopted and incorporated into the International Fire Code as follows:
A. Open Flames – Sky Lanterns. Section 308 of the International Fire
Code, entitled “Open Flames,” is amended by substituting subsection
308.1.6.3 with the following:
Sec. 308.1.6.3 Sky Lanterns. The use of sky lanterns is
prohibited.
AB. Miscellaneous combustible materialsGeneral storage – Idle pallets.
Section 315 of the International Fire Code, entitled “Miscellaneous
Combustible MaterialsGeneral Storage,” is amended by adding a new
subsection 315.4.3 as follows:
Sec. 315.4.3. Idle Pallets. Idle pallets shall be stored in
accordance with Sections 315.4.3.1 through 315.4.3.4.
Sec. 315.4.3.1. Buildings protected with automatic
sprinklers. In buildings protected with approved
automatic sprinklers, the storage of idle pallets shall be in
accordance with NFPA 13 Table A12.12.1.1.
Sec. 315.4.3.2. Buildings without sprinkler
protection. In buildings that do not have protection
through approved automatic sprinklers, the storage of
idle pallets shall be in accordance with Table 315.4.3.2.
Table 315.4.3.2 Clearances
1 Between Storage and Buildings
8 Amend KCC 13.01 -
Re: Fire Codes
Construction
Type Openings 0-50
Pallets
51-200
Pallets
Over
200
Pallets
Masonry None 5 5 10
Masonry 1 hour
protected
openings
5 10 20
Masonry 3/4 hour
protected
openings
10 20 30
Masonry Non
protected
openings
20 30 50
Other 20 30 50
1. All distances measured in feet.
Sec. 315.4.3.3. Separation from other storage. The
storage of idle pallets shall be separated from other
storage in accordance with Table 315.4.3.3.
9 Amend KCC 13.01 -
Re: Fire Codes
Table 315.4.3.3 Clearance to Other
Storage
Pile Size Minimum
Distance1
0-50 20
51-200 30
Over 200 50
1. All distances measured in feet.
Sec. 315.4.3.4. Stacks. Pallet stacks shall be arranged
to form stable piles. Piles shall be limited to an area not
greater than 400 square feet. A distance half the pile
height or not less than 8 ft. shall separate stacks.
Sec. 13.01.060 Amendments to the International Fire Code –
Chapter 5, Fire Service Features. The following local amendments to
Chapter 5 of the International Fire Code, entitled “Fire Service Features,”
including all amendments enacted by the state of Washington, are adopted
and incorporated into the International Fire Code as follows:
A. Fire service features – Fire apparatus access roads. Section 503 of
the International Fire Code, entitled “Fire Apparatus Access Roads,” is
hereby adopted.
B. Fire apparatus access roads – Dimensions. Section 503 of the
International Fire Code, entitled “Fire Apparatus Access Roads,” is
amended by substituting subsection 503.2.1 with the following:
Sec. 503.2.1. Dimensions. The following minimum
dimensions shall apply for fire apparatus access roads:
10 Amend KCC 13.01 -
Re: Fire Codes
1. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet (6,096 mm),
except for approved security gates in accordance with
section 503.6, and an unobstructed vertical clearance of
not less than 13 feet 6 inches (4,115 mm).
2. Fire apparatus access road routes shall be
approved by the fire code official.
C. Fire apparatus access roads – Surface. Section 503 of the
International Fire Code, entitled “Fire Apparatus Access Roads,” is
amended by substituting subsection 503.2.3 with the following:
Sec. 503.2.3. Surface. Fire apparatus access roads shall
be constructed with a surface of asphalt, concrete, or
other approved driving surface capable of supporting the
imposed load of fire apparatus weighing at least 30 tons
(27,240 kg).
D. Fire apparatus access roads – Turning radius. Section 503 of the
International Fire Code, entitled “Fire Apparatus Access Roads,” is
amended by substituting subsection 503.2.4 with the following:
Sec. 503.2.4. Turning radius. All fire apparatus access
roads shall have a 30 foot minimum inside turning radius
and a 50 foot minimum outside turning radius. The radius
must be measured from the travel lane edge, unless
otherwise approved.
E. Fire apparatus access roads – Dead ends. Section 503 of the
International Fire Code is amended by substituting subsection 503.2.5 with
the following:
Sec. 503.2.5. Dead ends. Dead-end fire apparatus
access roads in excess of 150 feet (45.72 m) in length
shall be provided with an approved turnaround designed
as illustrated in the Kent Design and Construction
Standards, unless otherwise approved.
11 Amend KCC 13.01 -
Re: Fire Codes
F. Fire apparatus access roads – Bridges and elevated surfaces.
Section 503 of the International Fire Code, entitled “Fire Apparatus Access
Roads,” is amended by substituting subsection 503.2.6 with the following:
Sec. 503.2.6. Bridges and elevated surfaces. Where
a bridge or an elevated surface is part of a fire apparatus
access road, the bridge or elevated surface shall be
constructed and maintained in accordance with
specifications established by the fire code official and the
City’s public works director, or their designees; at a
minimum, however, the bridge or elevated surface shall
be constructed and maintained in accordance with
AASHTO Standard Specifications for Highway Bridges.
Bridges and elevated surfaces shall be designed for a live
load sufficient to carry the imposed loads of a 30 or more
ton fire apparatus, the total imposed load to be
determined by the fire code official. Vehicle load limits
shall be posted at both entrances to bridges when
required by the fire code official. Where elevated surfaces
designed for emergency vehicle use are adjacent to
surfaces which are not designed for that use, approved
barriers or approved signs, or both, shall be installed and
maintained, if required by the fire code official.
G. Fire apparatus access roads – Grade. Section 503 of the
International Fire Code, entitled “Fire Apparatus Access Roads,” is
amended by substituting subsection 503.2.7 with the following:
Sec. 503.2.7. Grade. Fire apparatus access roads shall
not exceed 15 percent longitudinal and/or 6 percent
laterally in grade. Approach and departure angle for fire
apparatus access shall be as determined by the fire code
official.
H. Fire apparatus access roads – Access road width with a hydrant.
Section 503 of the International Fire Code, entitled “Fire Apparatus Access
Roads,” is amended by adding the following new subsection 503.2.9:
Sec. 503.2.9. Access road width with a hydrant.
Where a fire hydrant is located on a fire apparatus access
12 Amend KCC 13.01 -
Re: Fire Codes
road, the minimum road width shall be 26 feet for 20 feet
on both sides of the hydrant operating nut and shall be
marked as a fire lane per Section 503.3.
I. Fire apparatus access roads – Marking. Section 503 of the
International Fire Code, entitled “Fire Apparatus Access Roads,” is
amended by substituting subsection 503.3 with the following:
Sec. 503.3. Marking. Fire apparatus access roads shall
be marked whenever necessary to maintain the
unobstructed minimum required width of roadways.
Subject to the fire code official’s prior written approval,
marked fire apparatus access roads, or “fire lanes,” may
be established or relocated at the time of plan review,
pre-construction site inspection, and/or post construction
site inspection as well as any time during the life of the
occupancy. Only those fire apparatus access roads
established by the fire code official can utilize red marking
paint and the term “fire lane.” Fire lanes shall be marked
as directed by the fire code official with one or more of
the following types of markings in accordance with the
Kent Design and Construction Standards:
Sec. 503.3.1. Type 1. Type 1 marking shall be installed
to identify fire lanes on commercial and multi-family
developments or as directed by the fire code official.
Sec. 503.3.2. Type 2. Type 2 marking shall be installed
to identify fire lanes in one- and two-family dwelling
developments, turnarounds, or as directed by the fire
code official.
Sec. 503.3.3. Type 3. Type 3 marking shall be installed
to address situations where neither Type 1 or 2 marking
is effective as determined by the fire code official.
1. Specific areas designated by the fire code
official shall be marked with diagonal striping across the
width of the fire lane. Diagonal marking shall be used in
conjunction with painted curbs and/or edge striping and
shall run at an angle of 30 to 60 degrees from one side to
the other. These diagonal lines shall be in red traffic
paint, parallel with each other, at least 6 inches in width,
13 Amend KCC 13.01 -
Re: Fire Codes
and 24 inches apart. Lettering shall occur as with Type 1
marking.
J. Fire apparatus access roads – Establishment of fire lanes.
SubSsection 503.7 of the International Fire Code, entitled “Fire Apparatus
Access Roads,” is amended by adding the following new subsection 503.7:
is added to read as follows:
Sec. 503.7 Establishment of fire lanes. Fire lanes in
conformance with this code shall be established by the
fire code official or designee, and shall be in accordance
with 503.7.1 through 503.7.8.
Sec. 503.7.1 Obstruction of fire lanes prohibited.
The obstruction of a designated fire lane by a parked
vehicle or any other object is prohibited and shall
constitute a traffic hazard as defined in State law and an
immediate hazard to life and property.
Sec. 503.7.2 Existing fire lane signs and markings.
The following signs and markings shall be provided:
1. Signs (minimum nine-inch by 16-inch) may be allowed
to remain until there is a need for replacement and at
that time the sign shall meet the requirements of
subsection 503.3.2
2. Markings may be allowed to remain until there is a
need for repainting and at that time the provisions
outlined in 503.3 shall be complied with.
Sec. 503.7.3 Maintenance. Fire lane markings shall be
maintained at the expense of the property owner(s) as
often as needed to clearly identify the designated area as
being a fire lane.
Sec. 503.7.4 Towing notification. At each entrance to
property where fire lanes have been designated, signs
shall be posted in a clearly conspicuous location and shall
clearly state that vehicles parked in fire lanes may be
impounded, and the name, telephone number, and
address of the towing firm where the vehicle may be
redeemed.
Sec. 503.7.5 Responsible property owner. The
owner, manager, or person in charge of any property
14 Amend KCC 13.01 -
Re: Fire Codes
upon which designated fire lanes have been established
shall prevent the parking of vehicles or placement of
other obstructions in such fire lanes.
Sec. 503.7.6 Violation – Penalty. Any person who fails
to mark or maintain the marking of a designated fire lane
as prescribed herein, or who obstructs or allows the
obstruction of a designated fire lane, other than the
parking of a vehicle, shall be deemed to have committed
a violation. The penalty for violation of this section shall
be the monetary penalty identified in the current fee
resolution.
Sec. 503.7.7 Violation – Civil penalty. In addition to,
or as an alternate to, the penalties specified above, the
City is authorized to enforce alla violation of any
provisions of this chapter constitutes a civil violation
under pursuant to Chapter 1.04 KCC for which a
monetary penalty may be assessed and abatement may
be required and/or otherwise enforced as provided
therein.
Sec. 503.7.8 Impoundment. Any vehicle or object
obstructing a designated fire lane is declared a traffic
hazard and may be abated without prior notification to its
owner by impoundment pursuant to the applicable State
law. The owner or operator shall be responsible for all
towing and impound charges.
JK. Fire apparatus access roads – Commercial and industrial
developments. Section 503 of the International Fire Code, entitled “Fire
Apparatus Access Roads,” is amended by adding the following new
subsection 503.78:
Sec. 503.78. Commercial and Industrial
Developments. Fire apparatus access roads serving
commercial and industrial developments shall be in
accordance with Sections 503.78.1 through 503.78.3.
Sec. 503.78.1. Buildings exceeding three stories or
30 feet in height. Buildings or facilities exceeding 30
feet or three stories in height shall have at least two
means of fire apparatus access for each structure.
15 Amend KCC 13.01 -
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Sec. 503.78.2. Buildings exceeding 62,000 square
feet in area. Buildings or facilities having a gross
building area of more than 62,000 square feet shall be
provided with two separate and approved fire apparatus
access roads.
Exception: Projects having a gross building area of up
to 124,000 square feet that have a single approved fire
apparatus access road when all buildings are equipped
throughout with approved automatic sprinkler systems.
Sec. 503.78.3. Remoteness. Where two access roads
are required, they shall be placed a distance apart equal
to not less than one half of the length of the maximum
overall diagonal dimension of the property or area to be
served, measured in a straight line between accesses or
as approved by the fire code official and the fire chief.
KL. Fire apparatus access roads – Aerial fire apparatus access roads.
Section 503 of the International Fire Code, entitled “Fire Apparatus Access
Roads,” is amended by adding the following new subsection 503.89:
Sec. 503.89. Aerial fire apparatus roads. The fire
apparatus access roads that accommodate aerial fire
apparatus shall be in accordance with Sections 503.89.1
through 503.89.3.
Sec. 503.89.1. Where required. Buildings or portions
of buildings or facilities exceeding 30 feet in height above
the lowest level of fire department vehicle access shall be
provided with approved fire apparatus access roads that
are capable of accommodating fire department aerial
apparatus. Overhead utility and power lines shall not be
located within the aerial fire apparatus access roadway.
Sec. 503.89.2 Width. Fire apparatus access roads shall
have a minimum unobstructed width of 26 feet, exclusive
of shoulders, in the immediate vicinity of any building or
portion of building more than 30 feet in height.
16 Amend KCC 13.01 -
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Sec. 503.89.3 Proximity to building. At least one of
the required access routes meeting this condition shall be
positioned parallel to one entire side of the building. The
location of the parallel access route shall be approved.
LM. Fire apparatus access roads – Multifamily residential developments.
Section 503 of the International Fire Code, entitled “Fire Apparatus Access
Roads,” is amended by adding the following new subsection 503.910:
Sec. 503.910. Multi-family residential
developments. The fire apparatus access roads serving
multi-family residential developments shall be in
accordance with Sections 503.910.1 through 503.910.23.
Sec. 503.910.1. Projects having from 100 through
200 dwelling units. Multi-family residential projects
having from 100 through 200 dwelling units shall be
provided with two separate and approved fire apparatus
access roads.
Exception: Projects having up to 200 dwelling units may
have a single approved fire apparatus access road when
all buildings, including nonresidential occupancies, are
equipped throughout with approved automatic sprinkler
systems installed in accordance with Section 903.3.1.1 or
903.3.1.2.
Sec. 503.910.2. Projects having more than 200
dwelling units. Multi-family residential projects having
more than 200 dwelling units shall be provided with two
separate and approved fire apparatus access roads
regardless of whether they are equipped with an
approved automatic sprinkler system.
Sec. 503.10.3. Remoteness. Where two access roads
are required, they shall be placed a distance apart equal
to not less than one half of the length of the maximum
overall diagonal dimension of the property or area to be
served, measured in a straight line between accesses or
as approved by the fire code official and the fire chief.
17 Amend KCC 13.01 -
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MN. Fire apparatus access roads – One- and two-family residential
developments. Section 503 of the International Fire Code, entitled “Fire
Apparatus Access Roads,” is amended by adding the following new
subsection 503.1011:
Sec. 503.1011. One- and Two-family residential
developments. The fire apparatus access roads serving
one- and two-family residential developments shall be in
accordance with Section 503.1011.1 and 503.11.2.
Sec. 503.1011.1. Projects having more than 30
dwelling units. Developments of one- or two-family
dwellings where the number of dwelling units exceeds 30
shall be provided with two separate and approved fire
apparatus access roads and shall meet the requirements
of Section 503.7.3.
Exceptions:
1. Where there are more than 30 dwelling units on a
single public or private fire apparatus access road and all
dwelling units are equipped throughout with approved
automatic sprinkler systems installed in accordance with
Section 903.3.1.1, 903.3.1.2, or 903.3.1.3 of the
International Fire Code, access from two directions shall
not be required.
2. The number of dwelling units on a single fire
apparatus access road shall not be increased unless fire
apparatus access roads will, within a reasonable time,
connect with future development, as determined by the
fire code official.
Sec. 503.11.2. Remoteness. Where two access roads
are required, they shall be placed a distance apart equal
to not less than one half of the length of the maximum
overall diagonal dimension of the property or area to be
served, measured in a straight line between accesses or
as approved by the fire code official and the fire chief.
18 Amend KCC 13.01 -
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NO. Fire apparatus access roads – Underground structures. Section 503
of the International Fire Code, entitled, “Fire Apparatus Access Roads,” is
amended by adding the following new subsection 503.11:
Sec. 503.11. Underground structures. Installation of
underground structures under or within 10 feet of fire
apparatus access roads shall be designed using approved
load criteria that shall accommodate the loading of fire
department aerial apparatus unless otherwise approved.
O. Fire protection water supplies – Inspection, testing and
maintenance. Section 507 of the International Fire Code, entitled “Fire
Protection Water Supplies,” is amended by substituting subsection 507.5.2
with the following:
Sec. 507.5.2. Inspection, testing and maintenance.
Private fire hydrant systems shall be subject to annual
testing. Fire hydrant systems shall be maintained in
operative condition at all times and shall be repaired
where defective. Additions, repairs, alterations, and
servicing shall comply with approved standards.
P. Fire protection water supplies – Records. Section 507 of the
International Fire Code, entitled “Fire Protection Water Supplies,” is
amended by adding a new subsection 507.5.32.1:
Sec. 507.5.32.1. Records. Records of all system
inspections, tests and maintenance required by the
referenced standard shall be maintained on the premises
for three years; copies shall be delivered to the fire code
official within 30 calendar days of each test, inspection, or
maintenance of the system.
Q. Fire protection water supplies – Physical protection. Section 507 of
the International Fire Code, entitled “Fire Protection Water Supplies,” is
amended by substituting subsection 507.5.6 with the following:
Sec. 507.5.6. Physical protection. Where fire hydrants
are subject to impact by a motor vehicle, guard posts
19 Amend KCC 13.01 -
Re: Fire Codes
shall be designed and installed in accordance with the
Kent Design and Construction Standards.
R. Fire protection water supplies – Fire hydrant. Section 507 of the
International Fire Code, entitled “Fire Protection Water Supplies,” is
amended by adding a new subsection 507.5.7 as follows:
Sec. 507.5.7. Fire hydrant. Fire hydrants shall be
designed and installed in accordance with the local water
purveyor’s design and construction standards.
S. Fire protection water supplies – Backflow prevention. Section 507 of
the International Fire Code, entitled “Fire Protection Water Supplies,” is
amended by adding a new subsection 507.5.8 as follows:
Sec. 507.5.8. Backflow prevention. All private fire
systems shall be isolated by an approved method in
accordance with the local water purveyor.
T. Fire protection water supplies – Capacity for residential areas.
Section 507 of the International Fire Code, entitled “Fire Protection Water
Supplies,” is amended by adding a new subsection 507.6 as follows:
Sec. 507.6. Capacity for residential areas. All
hydrants installed in single family residential areas shall
be capable of delivering 1,500 gpm fire-flow over and
above average maximum demands at the farthest point
of the installation.
U. Fire protection water supplies – Spacing. Section 507 of the
International Fire Code, entitled “Fire Protection Water Supplies,” is
amended by adding a new subsection 507.7 as follows:
Sec. 507.7. Spacing. The spacing of hydrants shall be in
accordance with Sections 507.7.1 through 507.7.5.
20 Amend KCC 13.01 -
Re: Fire Codes
Sec. 507.7.1. Single family. The maximum fire hydrant
spacing serving single family residential areas shall be
600 feet as measured along the fire apparatus access
road.
Sec. 507.7.2. Commercial, industrial and multi-
family. The maximum fire hydrant spacing serving
commercial, industrial, multi-family or other areas shall
be 300 feet as measured along the fire apparatus access
road.
Sec. 507.7.3. Medians. Where streets are provided with
median dividers which cannot be crossed by firefighters
pulling hose lines, hydrants shall be provided on each side
of the street and be arranged on an alternating basis,
providing, on each side of the street, no more than the
maximum spacing.
Sec. 507.7.4. Arterials. Where arterial streets are
provided with four or more traffic lanes hydrants shall be
provided on each side of the street and be arranged on an
alternating basis, providing, on each side of the street, no
more than the maximum spacing.
Sec. 507.7.5. Transportation. Where new water mains
are extended along streets where hydrants are not
needed for protection of structures or similar fire
problems, fire hydrants shall be provided at a spacing not
to exceed 1,000 feet to provide for transportation
hazards.
V. Fire protection water supplies – Required hydrants. Section 507 of
the International Fire Code, entitled “Fire Protection Water Supplies,” is
amended by adding a new subsection 507.8 as follows:
Sec. 507.8. Required hydrants. The number of
hydrants required for a building shall be based on the
calculated fire-flow. The first hydrant will be calculated for
up to 1,500 gpm. An additional hydrant will be required
for every additional 1,000 gpm, or fraction thereof. The
required hydrants shall be within 600 feet of the building
21 Amend KCC 13.01 -
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as measured along the fire apparatus access roads
serving the building.
W. Fire protection water supplies – Notification. Section 507 of the
International Fire Code, entitled “Fire Protection Water Supplies,” is
amended by adding a new subsection 507.9 as follows:
Sec. 507.9. Notification. The owner of property on
which private hydrants are located and the public
agencies that own or control public hydrants must provide
the fire code official with the following written service
notifications in accordance with 507.9.1 and 507.9.2:
Sec. 507.9.1. In-service notification. The fire code
official shall be notified when any newly installed hydrant
or main is placed into service.
Sec. 507.9.2. Out-of-service notification. Where any
hydrant is out of service or has not yet been placed in
service, the hydrant shall be identified as being out of
service and shall be appropriately marked as out of
service, by a method approved by the fire code official.
X. Fire protection water supplies – Building permit requirements.
Section 507 of the International Fire Code, entitled “Fire Protection Water
Supplies,” is amended by adding a new subsection 507.10 as follows:
Sec. 507.10. Building permit requirements. No
building permit shall be issued until all plans required by
this section have been submitted and approved in
accordance with the provisions of this section.
No construction beyond the foundation shall be allowed
until all hydrants and mains required by this section are
in place and approved.
Sec. 13.01.070 Amendments to the International Fire Code –
Chapter 6, Building Services and Systems. The following local
amendments to Chapter 6 of the International Fire Code, entitled “Building
22 Amend KCC 13.01 -
Re: Fire Codes
Services and Systems,” including all amendments enacted by the state of
Washington, are hereby adopted and incorporated into the International
Fire Code as follows:
A. Mechanical refrigeration – Testing of equipment. Section 606 of the
International Fire Code, entitled “Mechanical Refrigeration,” is amended by
substituting 606.6 with the following:
Sec. 606.6 Testing of equipment. Refrigeration
equipment and systems having a refrigerant circuit more
than 220 pounds of Group A1 or 30 pounds of any other
group refrigerant shall be subject to periodic testing in
accordance with Section 606.6.1. A written record of the
required testing shall be maintained on the premises for a
minimum of three years; a copy shall be sent to the fire
code official within 30 calendar days of the testing; and a
label or tag shall be affixed to the individual system
identifying the date of the testing. Tests of emergency
devices or systems required by this chapter shall be
conducted by persons trained and qualified in
refrigeration systems.
B. Commercial kitchen hoods – Where required. Section 609 of the
International Fire Code, entitled “Commercial Kitchen Hoods,” is amended
by adding the following subsections to section 609.2:
Sec. 609.2.2. Permit Required. Permits shall be
required as set forth in Section 105.6.
Sec. 609.2.3. Approved drawing. The stamped and
approved cook line drawing shall be displayed adjacent to
the suppression system pull station prior to the final
inspection. The approved drawing shall be maintained and
available for inspection.
C. Commercial kitchen hoods – Records. Section 609 of the
International Fire Code, entitled “Commercial Kitchen Hoods,” is amended
by substituting subsection 609.3.3.3 with the following:
23 Amend KCC 13.01 -
Re: Fire Codes
Sec. 609.3.3.3 Records. Records for inspections shall
state the individual and company performing the
inspection, a description of the inspection, and the date
on which the inspection took place. Records for cleanings
shall state the individual and company performing the
cleaning and the date on which the cleaning took place.
Such records shall be completed after each inspection or
cleaning, and maintained on the premises for a minimum
of three years; a copy shall be sent to the fire code
official within 30 days of the inspection or cleaning; and a
label or tag shall be affixed to the individual system
identifying the date of the inspection or cleaning.
Sec. 13.01.080 Amendments to the International Fire Code –
Chapter 7, Fire-Resistance-Rated ConstructionFire and Smoke
Prevention Features. The following local amendments to Chapter 7 of
the International Fire Code, entitled “Fire-Resistance-Rated
ConstructionFire and Smoke Prevention Features,” including all
amendments enacted by the state of Washington, are hereby adopted and
incorporated into the International Fire Code as follows:
A. Fire-resistance-rated construction – Testing. Section 703 of the
International Fire Code, entitled “Fire-Resistance-Rated Construction,” is
amended by substituting 703.4 with the following:
Sec. 703.4. Testing. Horizontal, vertical sliding and
rolling fire doors shall be inspected and tested annually to
confirm proper operation and full closure. A written record
shall be maintained on the premises for three years; a
copy shall be sent to the fire code official within 30
calendar days of the inspection or test; and a label or tag
shall be affixed to the individual assembly identifying the
date of the scheduled confidence test.
Sec. 13.01.090 Amendments to the International Fire Code –
Chapter 9, Fire Protection Systems. The following local amendments
to Chapter 9 of the International Fire Code, entitled “Fire Protection
24 Amend KCC 13.01 -
Re: Fire Codes
Systems,” including all amendments enacted by the state of Washington,
are hereby adopted and incorporated into the International Fire Code as
follows:
A. Fire protection systems – Scope and application. Section 901 of the
International Fire Code, entitled “General,” is amended by supplementing
subsection 901.1 with the following:
Sec. 901.1. Scope and application. The provisions of
this chapter shall apply to all occupancies and buildings,
shall specify where fire protection systems are required,
and shall apply to the design, installation, inspection,
operation, testing, and maintenance of all fire protection
systems; however, nothing contained in this chapter shall
diminish or reduce the requirements of any duly adopted
building codes, including state and local amendments, or
other city ordinances, resolutions, or regulations. In the
event of any conflict in requirements among these codes,
ordinances, resolutions, or regulations, the more
stringent provision shall apply.
B. Fire protection systems – Records. Section 901 of the International
Fire Code, entitled “General,” is amended by substituting 901.6.2 with the
following:
Sec. 901.6.2. Records. Records of all system
inspections, tests and maintenance required by the
referenced standards shall be maintained on the premises
for three years; copies shall be delivered to the fire code
official within 30 calendar days of each test, inspection, or
maintenance of the system; and a label or tag shall be
affixed to the individual system identifying the date of the
scheduled confidence test.
C. Fire protection systems – General. Section 901 of the
International Fire Code, entitled “General,” is amended by
adding the following new subsection 901.11 with the following:
Sec 901.11. Emergency contacts. It shall be the
responsibility of the owner of a any monitored fire
25 Amend KCC 13.01 -
Re: Fire Codes
protection system to provide and maintain a minimum of
three emergency contacts that are capable of responding
to the system location with their monitoring company.
CD. Fire protection systems – Definitions. Section 902 of the
International Fire Code, entitled “Definitions,” is amended by adding the
following to the list in subsection 902.1:
PROBLEMATIC FIRE PROTECTION SYSTEM
DE. Automatic sprinkler systems – Where required. Section 903 of the
International Fire Code, entitled “Automatic Sprinkler Systems,” is
amended by supplementing subsection 903.2 with the following:
Sec. 903.2. Where required. Approved automatic fire
sprinkler systems shall be installed as follows:
1. In all buildings without adequate fire flow.
Exception: Miscellaneous Group U Occupancies.
2. All new buildings and structures regulated by the
International Building Code requiring 2,000 gallons per
minute or more fire flow, or with a gross floor area of
10,000 or more square feet (929 m2), or where this code
provides a more restrictive floor/fire area requirement,
and shall be provided in all locations or where described
by this code.
Exception: Spaces or areas in telecommunications
buildings used exclusively for telecommunications
equipment, associated electrical power distribution
equipment, batteries, and standby engines, provided
those spaces or areas are equipped throughout with an
automatic smoke detection system in accordance with
Section 907.2 and are separated from the remainder of
the building by not less than 1 hour fire barriers
constructed in accordance with Section 707 of the
International Building Code or not less than 2 hour
26 Amend KCC 13.01 -
Re: Fire Codes
horizontal assemblies constructed in accordance with
Section 712 of the International Building Code, or both.
3. Where this code requires the installation of an
automatic sprinkler system to protect an occupancy
within an otherwise non-sprinklered building, then
automatic sprinkler protection will be required throughout
the entire building.
4. When the required fire apparatus access roadway
grade is 12 percent or greater.
EF. Automatic sprinkler systems – Speculative use warehouses. Section
903 of the International Fire Code, entitled “Automatic Sprinkler Systems,”
is amended by adding the following new subsection 903.2.9.3:
Sec. 903.2.9.3. Speculative use warehouses. Where
the occupant, tenant, or use of the building or storage
commodity has not been determined or it is otherwise a
speculative use warehouse or building, the automatic
sprinkler system shall be designed and installed to protect
not less than Class IV non-encapsulated commodities on
wood pallets, with no solid, slatted, or wire mesh
shelving, and with aisles that are 8 feet or more in width
and up to 20 feet in height.
FG. Automatic sprinkler systems – Check valve. Section 903 of the
International Fire Code, entitled “Automatic Sprinkler Systems,” is
amended by adding a new subsection 903.3.8 as follows:
Sec. 903.3.8. Check valve. All automatic sprinkler
system risers shall be equipped with a check valve.
GH. Automatic sprinkler systems – Riser room access. Section 903 of the
International Fire Code, entitled “Automatic Sprinkler Systems,” is
amended by adding a new subsection 903.7 as follows:
27 Amend KCC 13.01 -
Re: Fire Codes
Sec. 903.7. Riser room access. All risers shall be
located in a dedicated room with an exterior door, and
with lighting and heat for the room.
HI. Fire alarm and detection systems – General. Section 907 of the
International Fire Code, entitled “Fire Alarm and Detection Systems,” is
amended by substituting subsection 907.1.3 with the following:
Sec. 907.1.3. Equipment. Systems and their
components shall be listed and approved for the purpose
for which they are installed. All new alarm systems shall
be addressable. Each device shall have its own address
and shall annunciate individual addresses at a UL Central
Station.
J. Fire alarm and detection systems – Initiating device identification.
Section 907 of the International Fire Code, entitled “Fire Alarm and
Detection Systems,” is amended by substituting subsection 907.6.3 with
the following:
Sec. 907.6.3 Initiating device identification. The fire
alarm system shall identify the specific initiating device
address, location, device type, floor level where
applicable and status including indication of normal,
alarm, trouble and supervisory status, as appropriate.
Exception: Special initiating devices that do not
support individual device identification.
K. Fire alarm and detection systems – Records. Section 907 of the
International Fire Code, entitled “Fire Alarm and Detection Systems,” is
amended by substituting subsection 907.8.5.1 with the following:
Sec. 907.8.5.1. Records. Records of all system
inspections, tests and maintenance required by the
referenced standards shall be maintained on the premises
for three years; a copy shall be sent to the fire code
official within 30 calendar days of each test, inspection, or
maintenance of the system; and a label or tag shall be
28 Amend KCC 13.01 -
Re: Fire Codes
affixed to the individual system identifying the date of the
scheduled confidence test.
IL. Fire alarm and detection systems – Latched alarms. Section 907 of
the International Fire Code, entitled “Fire Alarm and Detection Systems,” is
amended by adding a new subsection 907.10 11 as follows:
Sec. 907.1011. Latched alarms. All signals shall be
automatically “latched” at the fire alarm control unit until
their operated devices are returned to normal condition,
and the control unit is manually reset.
JM. Fire alarm and detection systems – Resetting. Section 907 of the
International Fire Code, entitled “Fire Alarm and Detection Systems,” is
amended by adding a new subsection 907.11 12 as follows:
Sec. 907.1112. Resetting. All fire alarm control units
shall be reset only by an approved person.
Sec. 907.1112.1. Reset code. The reset code for the
fire alarm control unit or keypad shall be 3-7-1-2-3-4.
The reset code shall not be changed without approval of
the fire code official.
KN. Fire alarm and detection systems – Fire alarm control unit location.
Section 907 of the International Fire Code, entitled “Fire Alarm and
Detection Systems,” is amended by adding a new subsection 907.12 13 as
follows:
Sec. 907.1213. Fire alarm control unit location. All
fire alarm control units shall be located in the riser room
designed and installed in accordance with Section 903.7,
or an approved location.
LO. Smoke control systems – Written record. Section 909 of the
International Fire Code, entitled “Smoke Control Systems,” is amended by
substituting 909.20.2 with the following:
29 Amend KCC 13.01 -
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Sec. 909.20.2. Written record. The records shall
include the date of the maintenance, identification of the
servicing personnel and notification of any unsatisfactory
condition and the corrective action taken, including parts
replacement. The written record of smoke control system
testing and maintenance shall be maintained on the
premises for three years and copies shall be delivered to
the fire code official within 30 calendar days of each test
or maintenance of the system; and a label or tag shall be
affixed to the individual system identifying the date of the
scheduled testing.
MP. Fire protection systems – Signs. Section 912 of the International
Fire Code, entitled “Fire Department Connections,” is amended by
substituting 912.4 5 with the following:
Sec. 912.45. Signs. Fire department connections shall
be clearly identified in an approved manner.
All fire department connections shall have an approved
sign attached below the Siamese clapper. The sign shall
specify the type of water-based fire protection system,
the structure, and the building areas served.
Sec. 13.01.100 Amendments to the International Fire Code –
Chapter 11, Construction Requirements for Existing Buildings. The
following local amendments to Chapter 11 of the International Fire Code,
entitled “Construction Requirements for Existing Buildings,” including all
amendments enacted by the state of Washington, are hereby adopted and
incorporated into the International Fire Code as follows:
A. Fire safety requirements for existing buildings – Additions and
alterations. Section 1103 of the International Fire Code, entitled “Fire
Safety Requirements for Existing Buildings,” is amended by adding a new
subsection 1103.5.3 as follows:
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Sec. 1103.5.3. Substantial Alterations. The provisions
of this chapter shall apply to substantial alterations to
existing buildings regardless of use when a substantial
alteration occurs in a structure equaling 10,000 or greater
square feet. For purposes of this section, a substantial
alteration shall be defined as an alteration that costs 50
percent or more of the current assessed value of the
structure and impacts more than 50% of the gross floor
area.
B. Fire safety requirements for existing buildings – Fire alarm control
unit replacement. Section 1103 of the International Fire Code, entitled
“Fire Safety Requirements for Existing Buildings,” is amended by adding a
new subsection 1103.7.8 as follows:
Sec. 1103.7.8. Fire alarm control unit replacement.
If an existing fire alarm control unit is replaced with
identical equipment it shall be considered maintenance.
Sec. 13.01.110 Amendments to the International Fire Code –
Chapter 80, Referenced Standards. The following local amendments to
Chapter 80 of the International Fire Code, entitled “Referenced Standards,”
including all amendments enacted by the state of Washington, are hereby
adopted and incorporated into the International Fire Code as follows:
A. Referenced standards – NFPA. Section NFPA of the International Fire
Code, entitled “Reference Standards,” is amended by modifying the
standard reference number dates of publication as follows:
13-
1316
Installation of Sprinkler Systems
13D-
1316
Installation of Sprinkler Systems
in One- and Two-family
Dwellings and Manufactured
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Homes
13R-
1316
Installation of Sprinkler Systems
in Residential Occupancies up to
and Including Four Stories in
Height
20-
1316
Installation of Stationary Pumps
for Fire Protection
24-
1316
Installation of Private Fire
Service Mains and Their
Appurtenances
72-
1316
National Fire Alarm and
Signaling Code
110-
1316
Emergency and Standby Power
Systems
111-
1316
Stored Electrical Energy
Emergency and Standby Power
Systems
720-
1215
Installation of Carbon Monoxide
(CO) Detection and Warning
Equipment
Sec. 13.01.120 Amendments to the International Fire Code –
Appendix B, Fire-Flow Requirements for Buildings. The following
local amendments to Appendix B to the International Fire Code, entitled
“Fire-Flow Requirements for Buildings,” including all amendments enacted
by the state of Washington, are hereby adopted and incorporated into the
International Fire Code as follows:
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A. Fire-flow requirements for buildings – Increases. Section B103 of the
International Fire Code, entitled “Fire-Flow Requirements for Buildings,” is
amended by substituting subsection B103.1 with the following:
B103.1 Increases. The fire chief is authorized to
increase the fire-flow requirements where exposures
could be impacted by fire. An increase shall not be more
than twice that required for the building under
consideration.
B. Fire-flow requirements for buildings. Section B105 of the
International Fire Code, entitled “Fire-Flow Requirements for Buildings,” is
amended by substituting section B105.1 with the following:
B105.1 One- and two-family dwellings. Fire-flow
requirements for one- and two-family dwellings shall be in
accordance with Sections B105.1.1 through B105.1.3.
B105.1.1 Buildings less than 3,600 square feet. The
minimum fire-flow and flow duration requirements for
buildings less than 3,600 square feet shall be 1,000
gallons per minute for 1 hour.
Exception: A reduction in required fire-flow of 50
percent, as approved, is allowed when the building is
equipped with an approved automatic sprinkler system.
B105.1.2 Buildings greater than 3,600 square feet
or more. The minimum fire-flow and flow duration
requirements for buildings that are 3,600 square feet or
larger shall not be less than that specified in Table
B105.1(2).
Exception: A reduction of fire-flow and flow duration to
1,000 gallons per minute for 1 hour, as approved, is
allowed when the building is equipped with the following;
1. An approved automatic sprinkler system.
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2. 1-hour fire resistant rated exterior walls tested in
accordance with ASTM E 119 or UL 263 with exposure on
the exterior side and projections with 1-hour underside
protection, fire blocking installed from the wall top plate
to the underside of the roof sheathing and no gable vent
openings.
Exception: Walls with a distance greater than 11' to the
nearest exposure or face an unbuildable lot, tract or
buffer. The distance shall be measured at right angles
from the face of the wall.
B105.2 Buildings other than one- and two-family
dwellings. The minimum fire-flow and flow duration for
buildings other than one- and two-family dwellings shall
be as specified in Table B105.1(2).
Exception: A reduction in required fire-flow of 50
percent, as approved, is allowed when the building is
provided with an approved automatic sprinkler system.
The resulting fire-flow shall not be less than 1,500 gallons
per minute for the prescribed duration as specified in
Table B105.1(2).
B105.2.1 Tents and Membrane structures. No fire
flow is required for tents and membrane structures.
B105.2.2 Accessory residential Group U buildings.
Accessory residential Group U buildings shall comply with
the requirements of B105.1.
B105.3 Water supply for buildings equipped with an
automatic sprinkler system. For buildings equipped
with an automatic sprinkler system, the water supply
shall be capable of providing the greater of:
1. The automatic sprinkler system demand, including
hose stream allowance.
2. The required fire flow.
C. Fire-flow requirements for buildings. Section B105 of the
International Fire Code, entitled “Fire-Flow Requirements for
Buildings,” is amended by deleting the following tables from
section B105 as follows:
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Table B105.1 (1) Required Fire-Flow for One- and
two-family dwellings, Group R-3 and R-4 Buildings
and Townhomes.
Table B105.2 Required Fire-Flow for Other than
One- and two-family dwellings, Group R-3 and R-4
Buildings and Townhomes.
D. Section B105 of the International Fire Code is amended by adding
new subsection B105.4 as follows:
B105.4 Alternative Fire Flow Mitigation. For
development projects, where it has been determined not
feasible to extend the water main by the local water
purveyor, the following alternative fire flow mitigations
are approved for use in accordance with Sections
B105.4.1 through B105.4.2
B105.4.1 One- and two-family dwellings. Fire flow
will not be required for one- and two-family dwellings if
all of the following mitigations are met;
1. The fire-flow calculation area is less than 3600
square feet
2. The construction type of the dwelling is Type VA
3. The dwelling is equipped with a central station
monitored automatic fire sprinkler system installed in
accordance with Section 903.3.1.3 with a water supply of
no less than 30 minutes
4. The dwelling has a fire separation distance of no
less than 150 feet on all sides
B105.4.2 Buildings other than one- and two-family
dwellings. Fire flow will not be required for buildings
other than one- and two-family dwellings if all of the
following mitigations are met;
1. The fire-flow calculation area is less than 3600
square feet
2. The construction type of the dwelling is not Type
VB
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3. The dwelling is equipped with a central station
monitored automatic fire sprinkler system installed in
accordance with Section 903.3.1.1 with a water supply of
no less than 30 minutes
4. The dwelling has a fire separation distance of no
less than 150 feet on all sides
Sec. 13.01.130 Fire codes – Fees. The city council shall, by
resolution, establish the fees to be assessed to implement and enforce the
fire codes adopted in this title.
Sec. 13.01.140 Appeals.
A. Appeals to the hearing examiner.
1. Jurisdiction. In order to hear and decide appeals of orders,
determinations, or decisions made by the fire code official relative to the
suitability of alternate materials, designs, and methods of construction,
and to provide for reasonable application and interpretation of the
provisions of the International Fire Code, the city of Kent hearings
examiner is hereby designated as the board of appeals created pursuant to
Section 108 of the International Fire Code adopted in KCC 13.01.030 for all
matters concerning the application of the fire codes. The city hearings
examiner, however, shall have no authority relative to interpretation of the
administrative provisions of these codes, nor shall the city hearings
examiner be empowered to waive requirements of these codes.
2. Filing. Appeals shall be filed with the hearings examiner by
5:00 p.m. of the fourteenth calendar day following the date of the order,
determination, or decision being appealed. When the last day of the appeal
period so computed is a Saturday, Sunday, or federal or city holiday, the
period shall run until 5:00 p.m. on the next business day. The appeal shall
36 Amend KCC 13.01 -
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be accompanied by payment of the filing fee. Specific objections to the fire
code official’s decision and the relief sought shall be stated in the written
appeal.
3. Standing. Standing to bring an appeal under this chapter is
limited to the following persons:
a. The applicant and the owner of property to which the
permit decision is directed.
b. Another person aggrieved or adversely affected by the
order, determination, or decision, or who would be aggrieved or adversely
affected by a reversal or modification of the order, determination, or
decision. A person is aggrieved or adversely affected within the meaning of
this section only when all of the following conditions are present:
i. The order, determination, or decision has
prejudiced or is likely to prejudice that person;
ii. A judgment in favor of that person would
substantially eliminate or redress the prejudice to that person caused or
likely to be caused by the order, determination, or decision; and
iii. The appellant has exhausted his or her
administrative remedies to the extent required by law.
B. Appeals to superior court. Appeals to the hearings examiner shall be
made pursuant to Chapter 2.32 KCC. The decision of the hearings
examiner shall be final and conclusive unless within twenty-one (21)
calendar days of the hearings examiner’s decision an appeal is filed with
the superior court. When the last day of the appeal period so computed is
a Saturday, Sunday, or federal or city holiday, the period shall run until
the next business day.
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SECTION 2. – 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 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
38 Amend KCC 13.01 -
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I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending various
sections of Ch. 14.01 of the Kent City Code to
adopt the 2015 editions of the International
Building, Residential, Mechanical, Existing Building,
Property Maintenance, and Energy Conservation
Codes and the Uniform Plumbing Code; and to
revise Section 14.08.020 to refer to the newly
adopted codes.
RECITALS
A. In response to legislative amendments adopted by the State
of Washington, the Kent City Council enacted Ordinance No. 4081 on May
21, 2013, which adopted the 2012 editions of the International Building,
Residential, Existing Building, Mechanical, and Energy Conservation Codes,
and the 2012 edition of the Uniform Plumbing Code. The state recently
adopted the 2015 edition of these codes, which all take effect and apply to
all cities in the state on July 1, 2016. Therefore, it is necessary to amend
the Kent City Code to formally adopt the same.
B. On January 19, 2016, the Kent City Council enacted
Ordinance No. 4186, which adopted the 2012 edition of the International
Property Maintenance Code. The International Code Council recently
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published the 2015 edition of the International Property Maintenance Code,
which takes effect and applies to all cities in the state that have previously
adopted the International Property Maintenance Code, on July 1, 2016.
Therefore, it is necessary to amend the Kent City Code to formally adopt
the same.
C. In addition to adopting the 2015 code editions and
Washington State Amendments, this ordinance also makes other
housekeeping amendments, including adding references to the
International Property Maintenance Code and deleting references to the
Uniform Code for the Abatement of Dangerous Buildings in Section
14.08.020 of the Kent City Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 14.01 of the Kent City Code,
entitled “Building Codes,” is amended as follows:
Chapter 14.01
BUILDING CODES
Sec. 14.01.010 Building codes – Adopted. In accordance with
Chapter 19.27 RCW, the following codes (collectively, the “building codes”)
together with any additions, deletions, and exceptions currently enacted or
as may be amended from time to time by the state of Washington through
its Building Code Council pursuant to the Washington Administrative Code
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(“WAC”), and as further amended in this chapter, are adopted by
reference:
A. The International Building Code, 2012 2015 Edition, published by
the International Code Council, Inc., as amended pursuant to Chapter 51-
50 WAC.
B. The International Existing Building Code, 2012 2015 Edition,
published by the International Code Council, Inc., but its application is
limited as provided for in Chapter 34 of the International Building Code,
and as amended pursuant to WAC 51-50-480000 through 51-50-481500.
C. The International Residential Code, 2012 2015 Edition, published by
the International Code Council, Inc., as amended pursuant to Chapter 51-
51 WAC.
D. The International Mechanical Code, 2012 2015 Edition, published by
the International Code Council, Inc., as amended pursuant to Chapter 51-
52 WAC.
E. The Uniform Plumbing Code, 2012 2015 Edition, published by the
International Association of Plumbing and Mechanical Officials, including
the Uniform Plumbing Code Standards (Appendices A, B, and I to the
Uniform Plumbing Code) as amended pursuant to Chapter 51-56 WAC.
F. The Uniform Housing Code, 1997 Edition, published by the
International Conference of Building Officials.
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G. The International Energy Conservation Code, 2012 2015 Edition,
published by the International Code Council, Inc., as amended pursuant to
Chapters 51-11C and 51-11R WAC.
H. The International Property Maintenance Code, 2012 2015 Edition,
published by the International Code Council, Inc., including the Boarding
Standard (Appendix A to the International Property Maintenance Code).
One copy of each of these codes is on file with the city’s building official.
Sec. 14.01.020 Code conflicts. To the extent allowed by RCW
19.27.040, if a conflict exists between the provisions of the state building
codes adopted by the Washington State Building Code Council and the
provisions of this chapter, the Kent City Code provisions shall govern.
Sec. 14.01.030 Amendments to the International Building
Code. The following local amendments to the International Building Code,
including all amendments enacted by the state of Washington, are hereby
adopted and incorporated into the International Building Code:
A. General – Building code appendices adopted. Section 101 of the
International Building Code, entitled “General,” is amended by adding the
following new subsection 101.5:
Sec. 101.5. Building code appendices adopted.
Appendices C, E and J to the International Building Code
are hereby adopted; however, the public works director
shall have the authority to enforce and interpret Appendix
J and, accordingly, all references to the “building official”
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in Appendix J shall be substituted with the words “public
works director.”
B. Duties and powers of building official – Lot lines and setback lines.
Section 104 of the International Building Code, entitled “Duties and Powers
of Building Official,” is amended by adding the following new subsection
104.12:
Sec. 104.12. Lot lines and setback lines. Notwithstanding
the authority of the building official to administer and
enforce the building code, the building official shall have
no duty to verify or establish lot lines or setback lines. No
such duty is created by this code, and none shall be
implied.
C. Permits – Expiration of project permit application. Section 105 of the
International Building Code, entitled “Permits,” is amended by substituting
subsection 105.3.2 with the following:
Sec. 105.3.2. Expiration of project permit application.
Project permit applications that are subject to Ch. 12.01
KCC or that require SEPA review are subject to the
deadlines established by that code chapter or by SEPA. All
other project permit applications shall expire by limitation
if no permit is issued 180 days after the determination
that a fully complete project permit application, as
defined in KCC 14.11.020, has been submitted, unless
that application has been pursued in good faith as
determined solely in the building official’s discretion. The
building official may extend the time for action on the
permit application for one or more periods, each period
not exceeding 90 days, upon written request by the
applicant showing that circumstances beyond the control
of the applicant have prevented action from being taken.
If an application has expired, plans and other data
previously submitted for review may thereafter be
returned to the applicant or destroyed. In order to renew
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action on an expired application, the applicant shall
resubmit plans and pay a new review fee at the rates in
effect at the time of resubmission.
D. Board of appeals. Section 113 of the International Building Code,
entitled “Board of Appeals,” is amended by substituting Section 113 with
the following:
Sec. 113. Board of appeals. The City of Kent hearings
examiner is designated as the board of appeals in order
to hear and decide appeals of orders, decisions, or
determinations made by the building official relative to
the suitability of alternate materials, design, and methods
of construction and appeals of the reasonable application
and interpretation of the building codes. Appeals shall be
made as set forth in KCC 14.01.100.
E. Additional height increases. Section 504 of the International Building
Code, entitled “Height,” is amended by adding the following new
subsection 504.5:
Sec. 504.5. Additional height increases. For Group B or
Group R, Divisions 1 and 2 Occupancies, the permitted
increase of one story allowed by subsection 504.2 may be
increased to two stories when all of the conditions
enumerated below are met. The increase provided in
Section 504.3, as amended by WAC 51-50, shall not be
added to this increase.
1. An automatic fire sprinkler system complying with
Section 903.3.1.1 is installed throughout with the
installation of quick response sprinkler heads in all areas
where the use of these heads is allowed.
2. Vertical exit enclosures are constructed as
smokeproof enclosures or pressurized stair enclosures in
accordance with Section 909.20 and Section 909.11.
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3. Standby power is supplied for light, emergency,
and any exit enclosure pressurization systems used, as
provided in Sections 403.4.7, 403.4.8 and 909.20.6.2,
and the adopted edition of the National Electrical Code.
Connection ahead of service disconnect means shall be
permitted for standby power.
4. Walls separating dwelling units or sleeping units,
and corridor walls in Group R, Divisions 1 and 2
Occupancies shall be constructed as 1-hour fire partitions
as provided in Section 708. Reduction of the fire-
resistance rating is not permitted.
5. All exterior walls, including those with a fire
separation distance of more than five feet, shall be of not
less than 1-hour fire-resistance rated construction on the
interior and the exterior of the wall.
6. Structural observation is provided during
construction in accordance with Sections 202, 1702 and
1704.5.
7. An emergency voice/alarm communication system
complying with subsections 907.5.2.2 through
907.5.2.2.5 is installed.
8. Approved supervised indicating control valves shall
be provided at the point of connection to the automatic
fire sprinkler system riser on each floor.
9. Structures meeting the requirements of this
subsection shall have an automatic sprinkler zone per
floor. All zones must report independently.
Sec. 14.01.035 Amendments to the International Existing
Building Code. The following local amendments to the International
Existing Building Code, including all amendments enacted by the state of
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Washington, are hereby adopted and incorporated into the International
Existing Building Code:
A. All references to the “code official” in the International Existing
Building Code shall be substituted with the words “building official.”
B. Duties and powers of building official – Lot lines and setback lines.
Section 104 of the International Existing Building Code, entitled “Duties
and Powers of Code Official,” is amended by adding the following new
subsection 104.12:
Sec. 104.12. Lot lines and setback lines. Notwithstanding
the authority of the building official to administer and
enforce the building code, the building official shall have
no duty to verify or establish lot lines or setback lines. No
such duty is created by this code, and none shall be
implied.
C. Permits – Expiration of project permit application. Section 105 of the
International Existing Building Code, entitled “Permits,” is amended by
substituting subsection 105.3.2 with the following:
Sec. 105.3.2. Expiration of project permit application.
Project permit applications that are subject to Ch. 12.01
KCC or that require SEPA review are subject to the
deadlines established by that code chapter or by SEPA. All
other project permit applications shall expire by limitation
if no permit is issued 180 days after the determination
that a fully complete project permit application, as
defined in KCC 14.11.020, has been submitted, unless
that application has been pursued in good faith as
determined solely in the building official’s discretion. The
building official may extend the time for action on the
permit application for one or more periods, each period
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not exceeding 90 days, upon written request by the
applicant showing that circumstances beyond the control
of the applicant have prevented action from being taken.
If an application has expired, plans and other data
previously submitted for review may thereafter be
returned to the applicant or destroyed. In order to renew
action on an expired application, the applicant shall
resubmit plans and pay a new review fee at the rates in
effect at the time of resubmission.
D. Certificate of occupancy – Altered area use and occupancy
classification change. Section 110 of the International Existing Building
Code, entitled “Certificate of Occupancy,” is amended by substituting
subsection 110.1 with the following:
Sec. 110.1. Altered area use and occupancy classification
change. No altered area of a building and no relocated
building shall be used or occupied, and no change in the
existing occupancy classification of a building or portion
thereof shall be made until the building official has issued
a certificate of occupancy therefor as provided herein,
except that no certificate of occupancy is required for
detached one- and two-family dwellings and multiple
single-family dwellings (townhouses) not more than three
stories above grade plane in height with a separate
means of egress and their accessory structures subject to
the provisions of the International Residential Code.
Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the provisions
of this code or of other ordinances of the jurisdiction.
E. Board of appeals. Section 112 of the International Existing Building
Code, entitled “Board of Appeals,” is amended by substituting Section 112
with the following:
Sec. 112. Board of appeals. The City of Kent hearings
examiner is designated as the board of appeals in order
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to hear and decide appeals of orders, decisions, or
determinations made by the building official relative to
the suitability of alternate materials, design, and methods
of construction and appeals of the reasonable application
and interpretation of the building codes. Appeals shall be
made as set forth in KCC 14.01.100.
Sec. 14.01.040 Amendments to the International Residential
Code. The following local amendments to the International Residential
Code, including all amendments enacted by the state of Washington, are
hereby adopted and incorporated into the International Residential Code:
A. Duties and powers of building official – Lot lines and setback lines.
Section R104 of the International Residential Code, entitled “Duties and
Powers of Building Official,” is amended by adding the following new
subsection R104.12:
Sec. R104.12. Lot lines and setback lines.
Notwithstanding the authority of the building official to
administer and enforce the building code, the building
official shall have no duty to verify or establish lot lines or
setback lines. No such duty is created by this code, and
none shall be implied.
B. Permits – Substantially improved or substantially damaged existing
buildings in areas prone to flooding. Section R105 of the International
Residential Code, entitled “Permits,” is amended by substituting subsection
R105.3.1.1 with the following:
Sec. R105.3.1.1. Substantially improved or substantially
damaged existing buildings in areas prone to flooding.
The building official may require that all applications for
reconstruction, rehabilitation, addition, or other
improvement of existing buildings or structures located in
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an area prone to flooding be submitted in accordance with
Ch. 14.09 KCC.
C. Permits – Expiration of project permit application. Section R105 of
the International Residential Code, entitled “Permits,” is amended by
substituting subsection R105.3.2 with the following:
Sec. R105.3.2. Expiration of project permit application.
Project permit applications that are subject to Ch. 12.01
KCC or that require SEPA review are subject to the
deadlines established by that code chapter or by SEPA. All
other project permit applications shall expire by limitation
if no permit is issued 180 days after the determination
that a fully complete project permit application, as
defined in KCC 14.11.020, has been submitted, unless
that application has been pursued in good faith as
determined solely in the building official’s discretion. The
building official may extend the time for action on the
permit application for one or more periods, each period
not exceeding 90 days, upon written request by the
applicant showing that circumstances beyond the control
of the applicant have prevented action from being taken.
If an application has expired, plans and other data
previously submitted for review may thereafter be
returned to the applicant or destroyed. In order to renew
action on an expired application, the applicant shall
resubmit plans and pay a new review fee at the rates in
effect at the time of resubmission.
D. Fees – Building permit valuations. Section R108 of the International
Residential Code, entitled “Fees,” is amended by substituting subsection
R108.3 with the following:
Sec. R108.3. Building permit valuations. The permit
applicant shall provide an estimated permit value at time
of application. Permit valuations shall include total value
of the work, including materials and labor, for which the
permit is being issued. (The work would include, for
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example and without limitation, electrical, gas,
mechanical, and plumbing equipment and other
permanent systems.) If the building official decides that
the permit valuation is underestimated, the permit
application shall be denied, unless the applicant can show
detailed estimates to meet the approval of the building
official. Final building permit valuation shall be set by the
building official.
E. Certificate of occupancy. Section R110 of the International
Residential Code, entitled “Certificate of Occupancy,” is hereby repealed.
F. Board of appeals. Section R112 of the International Residential
Code, entitled “Board of Appeals,” is amended by substituting Section
R112 with the following:
Sec. R112. Board of appeals. The City of Kent hearings
examiner is designated as the board of appeals in order
to hear and decide appeals of orders, decisions, or
determinations made by the building official relative to
the suitability of alternate materials, design, and methods
of construction and appeals of the reasonable application
and interpretation of the building codes. Appeals shall be
made as set forth in section 14.01.100 of the Kent City
Code. Any appeal to an order, decision, or determination
of the public works director with respect to work within a
flood hazard area shall be made in accordance with Ch.
14.09 KCC.
Sec. 14.01.050 Amendments to the Uniform Plumbing Code.
The following local amendments to the Uniform Plumbing Code, including
all amendments enacted by the state of Washington, are hereby adopted
and incorporated into the Uniform Plumbing Code:
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A. Organization and enforcement – Penalties. Section 102 of the
Uniform Plumbing Code, entitled “Organization and Enforcement,” is
amended by substituting subsection 102.5 with the following:
Sec. 102.5. Penalties. Any person who violates a
provision of this code or fails to comply with any of its
requirements or who erects, installs, alters, or repairs
plumbing work in violation of: (a) the approved
construction documents, (b) a directive of the building
code official, or (c) a permit or certificate issued under
the provisions of this code, shall be subject to penalties
as set forth in Chs. 14.08 and 1.04 KCC or as otherwise
provided by law.
B. Organization and enforcement – Board of appeals. Section 102 of
the Uniform Plumbing Code, entitled “Organization and Enforcement,” is
amended by substituting subsection 102.3 with the following:
Sec. 102.3. Board of appeals. The City of Kent hearings
examiner is designated as the board of appeals in order
to hear and decide appeals of orders, decisions, or
determinations made by the building official relative to
the suitability of alternate materials, designs, and
methods of construction and appeals of the reasonable
application and interpretation of the building codes.
Appeals shall be made as set forth in section 14.01.100 of
the Kent City Code.
C. Permits and inspections – Expiration of project permit application.
Section 103 of the Uniform Plumbing Code, entitled “Permits and
Inspections,” is amended by substituting subsection 103.4.2 with the
following:
Sec. 103.4.2. Expiration of project permit application.
Project permit applications that are subject to Ch. 12.01
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KCC or that require SEPA review are subject to the
deadlines established by that code chapter or by SEPA. All
other project permit applications shall expire by limitation
if no permit is issued 180 days after the determination
that a fully complete project permit application, as
defined in KCC 14.11.020, has been submitted, unless
that application has been pursued in good faith as
determined solely in the building official’s discretion. The
building official may extend the time for action on the
permit application for one or more periods, each period
not exceeding 90 days, upon written request by the
applicant showing that circumstances beyond the control
of the applicant have prevented action from being taken.
If an application has expired, plans and other data
previously submitted for review may thereafter be
returned to the applicant or destroyed by the building
official. In order to renew action on an expired
application, the applicant shall resubmit plans and pay a
new review fee at the rates in effect at the time of
resubmission.
D. Plumbing permit fees. Table 103.4 of the Uniform Plumbing Code,
entitled “Plumbing Permit Fees,” is amended by substituting Table 103.4
with the following:
Table 103.4. Plumbing Permit Fees. Plumbing permit fees
and related fees shall be as established by resolution of
the city council, in accordance with 14.01.090 KCC.
Sec. 14.01.060 Amendments to the International Mechanical
Code. The following local amendments to the International Mechanical
Code, including all amendments enacted by the state of Washington, are
hereby adopted and incorporated into the International Mechanical Code:
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A. Permits – Expiration of project permit application. Section 106 of the
International Mechanical Code, entitled “Permits,” is amended by
substituting subsection 106.3.3 with the following:
Sec. 106.3.3. Expiration of project permit application.
Project permit applications that are subject to Ch. 12.01
KCC or that require SEPA review are subject to the
deadlines established by that code chapter or by SEPA. All
other project permit applications shall expire by limitation
if no permit is issued 180 days after the determination
that a fully complete project permit application, as
defined in KCC 14.11.020, has been submitted, unless
that application has been pursued in good faith as
determined solely in the building official’s discretion. The
building official may extend the time for action on the
permit application for one or more periods, each period
not exceeding 90 days, upon written request by the
applicant showing that circumstances beyond the control
of the applicant have prevented action from being taken.
If an application has expired, plans and other data
previously submitted for review may thereafter be
returned to the applicant or destroyed by the building
official. In order to renew action on an expired
application, the applicant shall resubmit plans and pay a
new review fee at the rates in effect at the time of
resubmission.
B. Violations – Penalties. Section 108 of the International Mechanical
Code, entitled “Violations,” is amended by substituting subsection 108.4
with the following:
Sec. 108.4. Violation penalties. Any person who violates a
provision of this code or fails to comply with any of its
requirements or who erects, installs, alters, or repairs
mechanical work in violation of: (a) the approved
construction documents, (b) a directive of the building
code official, or (c) a permit or certificate issued under
the provisions of this code, shall be subject to penalties
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as set forth in Chs. 14.08 and 1.04 KCC or as otherwise
provided by law.
C. Means of appeal – Board of appeals. Section 109 of the International
Mechanical Code, entitled “Means of Appeal,” is amended by substituting
Section 109 with the following:
Sec. 109. Board of appeals. The City of Kent hearings
examiner is designated as the board of appeals in order
to hear and decide appeals of orders, decisions, or
determinations made by the building official relative to
the suitability of alternate materials, designs, and
methods of construction and appeals of the reasonable
application and interpretation of the building codes.
Appeals shall be made as set forth in section 14.01.100 of
the Kent City Code.
Sec. 14.01.070 Amendments to the Uniform Housing Code.
The following local amendments to the Uniform Housing Code are hereby
adopted as if fully set forth therein:
A. Scope. Section 103 of the Uniform Housing Code is amended by
substituting Section 103 with the following:
Sec. 103. Scope. The provisions of this code shall apply to
all buildings or portions thereof used, or designed, or
intended to be used, for human habitation. These
occupancies in existing buildings may be continued as
provided in IBC § 102.6 or IRC § R102.7, as may be
applicable, except for structures found to be substandard
as defined in this code.
Where any building or portion thereof is used or intended
to be used as a combination apartment house-hotel, the
provisions of this code shall apply to the separate portions
as if they were separate buildings.
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Rooming houses, congregate residences, or lodging
houses shall comply with all the requirements of this code
for dwellings.
B. Application to existing buildings and structures – Additions,
alterations, or repairs. Subsection 104.1 of the Uniform Housing Code is
amended by substituting subsection 104.1 with the following:
Sec. 104.1. Additions, Alterations, or Repairs. For
additions, alterations, or repairs, see IBC §§ 102.6,
Chapter 34, and IRC § R102.7, as may be applicable.
C. Repealer. Section 202 of Chapter 2 and Chapters 11 through 16 of
the Uniform Housing Code are hereby repealed.
D. Board of appeals. Section 203 of the Uniform Housing Code, entitled
“Board of appeals,” is amended by substituting Section 203 with the
following:
Sec. 203. Board of appeals. The City of Kent hearings
examiner is designated as the board of appeals in order
to hear and decide appeals of orders, decisions, or
determinations made by the building official relative to
the suitability of alternate materials, design, and methods
of construction and appeals of the reasonable application
and interpretation of the building codes. Appeals shall be
made as set forth in section 14.01.100 of the Kent City
Code.
E. Violations. Section 204 of the Uniform Housing Code, entitled
“Violations,” is amended by substituting Section 204 with the following:
Sec. 204. Violations
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204.1. Unlawful acts. It shall be unlawful for any person,
firm, or corporation to erect, construct, alter, extend,
repair, move, remove, demolish, or occupy any building,
structure, or equipment regulated by this code, or cause
the same to be done, in conflict with or in violation of this
code.
204.2. Violation penalties. Any person who violates a
provision of this code, or fails to comply with any of its
requirements, or who erects, constructs, alters or repairs
a building or structure in violation of: (a) the approved
construction documents, (b) a directive of the building
official, or (c) a permit or certificate issued under the
provisions of this code, shall be subject to penalties as set
forth in Chs. 14.08 and 1.04 KCC or as otherwise
provided by law.
F. Permits and inspections – General. Section 301 of the Uniform
Housing Code, entitled “General,” is amended by substituting Section 301
with the following:
Sec. 301. General. No building or structure regulated by
this code shall be erected, constructed, enlarged, altered,
repaired, moved, improved, removed, converted, or
demolished unless a separate permit for each building or
structure has first been obtained from the building official
in the manner and according to the applicable conditions
prescribed in IBC §§ 105 and 107 or IRC §§ R105 and
R106, as may be applicable.
G. Permits and inspections – Fees. Section 302 of the Uniform Housing
Code, entitled “Fees,” is amended by substituting Section 302 with the
following:
Sec. 302. Fees. When a building permit is required by
Section 301 of this code, the appropriate fees shall be
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paid as specified in IBC § 109 or IRC § R108, as may be
applicable.
H. Permits and inspections – Inspection. Section 303 of the Uniform
Housing Code, entitled “Inspection,” is amended by substituting Section
303 with the following:
Sec. 303. Inspection. Buildings or structures within the
scope of this code and all construction or work for which a
permit is required shall be subject to inspection by the
building official in accordance with, and in the manner
provided by, this code and IBC §§ 110 and 1704 or IRC §
R109, as may be applicable.
I. Definitions – Building code. Section 401 of the Uniform Housing
Code, entitled “Definitions,” is amended by revising the definition of
building code as follows:
Sec. 401. Definitions.
BUILDING CODE is the International Building Code
(“IBC”) or the International Residential Code (“IRC”), as
may be applicable, promulgated by the International Code
Council, Inc., as adopted by this jurisdiction.
J. Definitions – Mechanical code. Section 401 of the Uniform Housing
Code, entitled “Definitions,” is amended by revising the definition of
mechanical code as follows:
Sec. 401. Definitions.
MECHANICAL CODE is the International Mechanical Code
or the International Residential Code, promulgated by the
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International Code Council, Inc., as may be applicable
and as adopted by this jurisdiction.
K. Space and occupancy standards – Location on property. Section 501
of the Uniform Housing Code, entitled “Location on Property,” is amended
by substituting Section 501 with the following:
Sec. 501. Location on property. All buildings shall be
located with respect to property lines and with respect to
other buildings on the same property as required by Chs.
5, 6 and 7 IBC and IRC § R302, as may be applicable.
L. Light and ventilation – Hallways. Subsection 504.4 of the Uniform
Housing Code, entitled “Hallways,” is amended by substituting subsection
504.4 with the following:
Sec. 504.4 Hallways. All public hallways, stairs, and other
exitways shall be adequately lighted at all times in
accordance with IBC § 1006 or IRC §§ R303 and R311, as
may be applicable.
M. Sanitation – Water closet compartments. Subsection 505.5 of the
Uniform Housing Code, entitled “Water Closet Compartments,” is amended
by substituting subsection 505.5 with the following:
Sec. 505.5. Water closet compartments. Walls and floors
of water closet compartments, except in dwellings, shall
be furnished in accordance with IBC § 1210. This
provision is not applicable to those projects subject to the
IRC.
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N. Heating and ventilation – Heating. Subsection 701.1 of the Uniform
Housing Code, entitled “Heating,” is amended by substituting subsection
701.1 with the following:
Sec. 701.1. Heating. Dwelling units, guest rooms, and
congregate residences shall be provided with heating
facilities capable of maintaining a room temperature of at
least 68°F (20°C) at a point 3 feet (914 mm) above the
floor in all habitable rooms. Such facilities shall be
installed and maintained in a safe condition and in
accordance with Ch. 21 IBC or Ch. 10 and 12-24 IRC, as
may be applicable, the Mechanical Code, and all other
applicable laws. Unvented fuel-burning heaters are not
permitted. All heating devices or appliances shall be of an
approved type.
O. Exits – General. Section 801 of the Uniform Housing Code, entitled
“General,” is amended by substituting Section 801 with the following:
Sec. 801. General. Dwelling units or guest rooms shall
have access directly to the outside or to a public corridor.
All buildings or portions thereof shall be provided with
exits, exitways, and appurtenances as required by Ch. 10
IBC or IRC § R311, as may be applicable.
P. Fire protection – General. Section 901 of the Uniform Housing
Code, entitled “General,” is amended by substituting Section 901 with the
following:
Sec. 901. General. All buildings or portions thereof shall
be provided with the degree of fire-resistive construction
as required by the building code for the appropriate
occupancy, type of construction, and location on property,
and shall be provided with the appropriate fire-
extinguishing systems or equipment required by Ch. 9
IBC or IRC §§ R314 and R315, as may be applicable.
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Q. Substandard buildings – Definition – General. Subsection 1001.1 of
the Uniform Housing Code, entitled “General,” is amended by substituting
subsection 1001.1 with the following:
Sec. 1001.1. General. Any building or portion thereof that
the building official determines to be an unsafe building in
accordance with IBC § 116, or any building or portion
thereof, including any dwelling unit, guest room or suite
of rooms, or the premises on which the same is located,
in which there exists any of the conditions referenced in
this section to an extent that those conditions endanger
the life, limb, health, property, safety, or welfare of the
public or the occupants thereof, shall be deemed and
hereby is declared to be a substandard building.
Sec. 14.01.080 Amendments to the Uniform Code for the
Abatement of Dangerous Buildings.
Repealed by Ord. No. 4186.
Sec. 14.01.085 Amendments to the International Energy
Conservation Code. The following local amendments to the International
Energy Conservation Code, including all amendments enacted by the state
of Washington, are hereby adopted and incorporated into the International
Energy Conservation Code:
A. Compliance required, violations, penalties. Section C101.5, entitled
“Compliance,” is hereby amended by adding the following new subsection
C101.5.1:
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Sec. C101.5.1. Unlawful acts and penalties. It shall be
unlawful for any person, firm or corporation to erect,
construct, alter, extend, move or occupy any building,
structure or equipment regulated by this code, or cause
the same to be done, in conflict with or in violation of this
code. Any person who violates a provision of this code, or
fails to comply with any of its requirements, or who
erects, constructs, alters or repairs a building or structure
in violation of: (a) the approved construction documents,
(b) a directive of the building official, or (c) a permit or
certificate issued under the provisions of this code, shall
be subject to penalties as set forth in Chapters 14.08 and
1.04 KCC or as otherwise provided by law.
B. Compliance required, violations, penalties. Section R101.5, entitled
“Compliance,” is hereby amended by adding the following new subsection
R101.5.1:
Sec. R101.5.1. Unlawful acts and penalties. It shall be
unlawful for any person, firm or corporation to erect,
construct, alter, extend, move or occupy any building,
structure or equipment regulated by this code, or cause
the same to be done, in conflict with or in violation of this
code. Any person who violates a provision of this code, or
fails to comply with any of its requirements, or who
erects, constructs, alters or repairs a building or structure
in violation of: (a) the approved construction documents,
(b) a directive of the building official, or (c) a permit or
certificate issued under the provisions of this code, shall
be subject to penalties as set forth in Chapters 14.08 and
1.04 KCC or as otherwise provided by law.
C. Appeals. Section C109, entitled “Board of Appeals,” is hereby
amended by substituting Section C109 with the following:
Sec. C109. Board of Appeals. The City of Kent hearings
examiner is designated as the board of appeals in order
to hear and decide appeals of orders, decisions, or
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determinations made by the building official relative to
the suitability of alternate materials, design, and methods
of construction and appeals of the reasonable application
and interpretation of the building codes. Appeals shall be
made as set forth in KCC 14.01.100.
D. Appeals. Section R109, entitled “Board of Appeals,” is hereby
amended by substituting Section R109 with the following:
Sec. R109. Board of Appeals. The City of Kent hearings
examiner is designated as the board of appeals in order
to hear and decide appeals of orders, decisions, or
determinations made by the building official relative to
the suitability of alternate materials, design, and methods
of construction and appeals of the reasonable application
and interpretation of the building codes. Appeals shall be
made as set forth in KCC 14.01.100.
Sec. 14.01.087 Amendments to the International Property
Maintenance Code. The following local amendments to the International
Property Maintenance Code are adopted and incorporated into the
International Property Maintenance Code:
A. All references to the “code official” in the International Property
Maintenance Code shall be substituted with the words “building official.”
B. Fees. Section 103.5 of the International Property Maintenance Code,
entitled “Fees,” is amended by substituting Section 103.5 with the
following:
Sec. 103.5. Fees shall be assessed as set forth in Section
14.01.090 of the Kent City Code.
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C. Violations. Section 106 of the International Property Maintenance
Code, entitled “Violations,” is amended by substituting Section 106 with
the following:
Sec. 106. Violations.
106.1. Unlawful acts. It shall be unlawful for any person,
firm, or corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert, demolish, equip,
use, occupy or maintain any building or structure or
cause or permit the same to be done in violation of this
code.
106.2. Violation penalties. Any person who violates a
provision of this code or fails to comply with any of its
requirements, or who erects, constructs, alters or repairs
a building or structure in violation of: (a) the approved
construction documents, (b) a directive of the building
official, or (c) a permit or certificate issued under the
provisions of this code, shall be subject to penalties as set
forth in Chs. 14.08 and 1.04 KCC or as otherwise
provided by law.
D. Notices and orders. Section 107 of the International Property
Maintenance Code, entitled “Notices and Orders,” is amended by
substituting Section 107 with the following:
Sec. 107. Notices of Violation. Whenever the building
official or his designee determines that there has been a
violation of this code or has grounds to believe that a
violation has occurred, the code enforcement officer may
issue a notice to any person responsible for the violation,
pursuant to Chapter 1.04 of the Kent City Code.
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E. Board of appeals. Section 111 of the International Property
Maintenance Code, entitled “Means of Appeal,” is amended by substituting
Section 111 with the following:
Sec. 111. Board of appeals. The City of Kent hearings
examiner is designated as the board of appeals in order
to hear and decide appeals of orders, decisions, or
determinations made by the building official relative to
the suitability of alternate materials, design, and methods
of construction and appeals of the reasonable application
and interpretation of the building codes. Appeals shall be
made as set forth in section 14.01.100 of the Kent City
Code.
F. Failure to comply. Section 112.4 of the International Property
Maintenance Code, entitled “Failure to Comply,” is amended by
substituting Section 112.4 with the following:
Sec. 112.4. Failure to Comply. Any failure to comply with
a stop work or stop use order shall constitute a
misdemeanor, punishable by imprisonment in jail for a
maximum term fixed by the court of not more than ninety
(90) days, or by a fine in an amount fixed by the court of
not more than one thousand dollars ($1,000), or by both
such imprisonment and fine, pursuant to KCC 1.04.090,
1.04.100, and 1.04.110.
G. Rubbish and garbage. Section 308 of the International Property
Maintenance Code, entitled “Rubbish and Garbage,” is deleted in its
entirety.
H. Electrical facilities. Section 604 of the International Property
Maintenance Code, entitled “Electrical Facilities,” is deleted in its entirety.
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I. Electrical equipment. Section 605 of the International Property
Maintenance Code, entitled “Electrical Equipment,” is deleted in its
entirety.
J. Elevators, escalators and dumbwaiters. Section 606 of the
International Property Maintenance Code, entitled “Elevators, Escalators
and Dumbwaiters,” is deleted in its entirety.
Sec. 14.01.090 Building codes – Fees. The city council shall, by
resolution, establish the fees to be assessed to implement and operate the
codes adopted in this chapter.
Sec. 14.01.100 Appeals.
A. Appeals to the hearing examiner.
1. Jurisdiction. The city hearings examiner has been designated
as the board of appeals and shall have jurisdiction over all matters
concerning the application of the building codes cited in this chapter. The
city hearings examiner, however, shall have no authority relative to
interpretation of the administrative provisions of these codes, nor shall the
city hearings examiner be empowered to waive requirements of these
building codes.
2. Filing. Appeals shall be filed with the hearings examiner by
5:00 p.m. of the fourteenth calendar day following the date of the order,
determination, or decision being appealed. When the last day of the appeal
period so computed is a Saturday, Sunday, or city holiday, the period shall
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run until 5:00 p.m. on the next business day. The appeal shall be
accompanied by payment of the filing fee. Specific objections to the
building official’s decision and the relief sought shall be stated in the
written appeal.
3. Standing. Standing to bring an appeal under this chapter is
limited to the following persons:
a. The applicant and the owner of property to which the
permit decision is directed.
b. Another person aggrieved or adversely affected by the
order, determination, or decision, or who would be aggrieved or adversely
affected by a reversal or modification of the order, determination, or
decision. A person is aggrieved or adversely affected within the meaning of
this section only when all of the following conditions are present:
i. The order, determination, or decision has
prejudiced or is likely to prejudice that person;
ii. A judgment in favor of that person would
substantially eliminate or redress the prejudice to that person caused or
likely to be caused by the order, determination, or decision; and
iii. The appellant has exhausted his or her
administrative remedies to the extent required by law.
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B. Appeals to superior court. Appeals to the hearings examiner shall be
made pursuant to Chapter 2.32 KCC. The decision of the hearings
examiner shall be final and conclusive unless, within twenty-one (21)
calendar days of the hearings examiner’s decision, an appeal is filed with
the King County superior court. When the last day of the appeal period so
computed is a Saturday, Sunday, or city holiday, the period shall run until
the next business day.
SECTION 2. - Amendment. Section 14.08.020 of the Kent City
Code, entitled “Definitions,” is amended as follows:
Sec. 14.08.020 Definitions. The definitions contained in KCC
1.04.020 shall also apply to this chapter. In addition, the following words,
terms, and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates
a different meaning:
1. Building codes means and includes the International Building Code,
the International Existing Building Code, the International Residential
Code, the International Mechanical Code, the International Fire Code, the
International Energy Conservation Code, the International Property
Maintenance Code, the Uniform Plumbing Code, and the Uniform Housing
Code, and the Uniform Code for Abatement of Dangerous Buildings, as
now or hereafter adopted, amended, or supplemented pursuant to this
title, the Revised Code of Washington, and/or the Washington
Administrative Code.
2. Building official means the building official of the city or any person
authorized by the building official to enforce the building codes.
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3. Premises means a plot of ground, whether occupied by a structure
or not.
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 thirty (30) days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
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TOM BRUBAKER, CITY ATTORNEY
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PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civil\Files\Open Files\2159-2016 Building Code Updates\Building_Res_Mech_IPMC Code
Updates.docx
32
International Building, Residential,
Mechanical, Existing Building, Energy
Conservation, and Property Maintenance
Codes and Uniform Plumbing Code –
2016 Update
Agenda Item: Other Business – 8A_
TO: City Council
DATE: May 17, 2016
SUBJECT: Real Property Surplus Policy – Ordinance – Adopt
SUMMARY: With few exceptions, no law in Washington establishes any process or
restriction on Kent, a non-charter code city, from disposing of real property. Having
realized the importance of public outreach after the community response to the
proposed and subsequently terminated sale of Pine Tree Park, city staff, in
coordination with the Operations committee, developed this policy, which is now in the
form of an ordinance that will become a binding part of the Kent City Code.
This ordinance requires that, when marketing or listing or designating a property for
sale, transfer, or exchange to another party, the public be given appropriate notice
and be provided an opportunity, at a meeting, to speak in favor or in opposition to the
potential designation of the property as surplus to the city’s needs. The ordinance
requires that notice be published in a newspaper, posted on the property, mailed to all
owners within 300’ of the property, and posted on the city’s website. The city must
also hold at least one public meeting, once the required notice has been given.
EXHIBITS: Ordinance
RECOMMENDED BY: Operations Committee
YEA: Ralph, Thomas, Boyce NAY:
BUDGET IMPACTS: None
MOTION: Adopt Ordinance No. , enacting a new chapter 3.12 of
the Kent City Code to establish a public participation process before
deciding to sell, transfer or exchange city-owned real property.
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1 Amend KCC Title 3-
Re: Surplus of Real Property
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, enacting a new chapter
3.12 to the Kent City Code entitled “Surplus of Real
Property,” to establish a public participation
process before deciding to sell, transfer or
exchange city-owned real property.
RECITALS
A. With few exceptions, no law in Washington establishes any
process or restriction on Kent, a non-charter code city, from disposing of
real property.
B. Recently, the city arranged to sell a public park. The city held
no public meetings and conducted no specific public outreach before
arranging to sell the park. When the community became aware of the
sale, a number of persons protested the sale, so the city cancelled the
sale.
C. The city council appreciates that the real property it owns is
held in trust for the community. Our local government exists to serve this
community, and the community should be made aware of pending
property sales and have an opportunity to comment on the sale.
D. It is appropriate to establish, by ordinance, a process to
establish community outreach and comment before the city council
determines that significant parcels of real property should be listed as
2 Amend KCC Title 3-
Re: Surplus of Real Property
surplus to the city’s needs and offered for sale, exchange, or transfer to a
private party.
E. Because the city council and staff have already conducted an
extensive public outreach process for the city’s Par 3 golf course property
at the Riverbend Golf Complex, that particular property need not be
subject to the processes established in this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Title 3 of the Kent City Code, entitled
“Revenue and Finance,” is hereby amended to add a new chapter 3.12
entitled “Surplus of Real Property,” as follows:
Sec. 3.12.010. Consideration for surplus. When city
administration or the city council recommends one or more parcels of real
property to be declared as surplus to the city’s needs, and the city council
determines that the city should consider the property for surplus, the
council and staff must comply with this process before listing or selling the
property, subject only to the exceptions listed in this policy.
Sec. 3.12.020. Properties affected and exemptions. This
policy applies to the sale, transfer, or exchange of the following properties:
A. Properties that were received or obtained for a specific public
purpose; and
B. Properties that constitute at least one legal lot (unless subject
to KCC 3.12.030(C), below; and
3 Amend KCC Title 3-
Re: Surplus of Real Property
C. Properties that are owned in fee.
Sec. 3.12.030. Exempt properties and property interests.
Because of their size, configuration, or character, these properties are
exempt from this process:
A. Property owned by any of the city’s utilities, to any statutory
street or alley vacation, or to other surplus process when state law
provides a separate process to surplus those properties.
B. Partial or remnant properties, such as strips purchased for
road widening purposes, areas conveyed as a result of lot line adjustments
or boundary disputes, or partial or full lots remaining and unused after
project completion; and
C. Easements, licenses, and other subordinate interests in real
property.
Sec. 3.12.040. Public meeting. When the council determines
that specific property or properties should be considered for surplus, the
city must hold at least one informational public meeting and receive public
comment at one of the following venues:
1. Council committee meeting;
2. Council workshop;
3. Regular council meeting;
4. Special council meeting; or
5. A community forum at a location that is more convenient to
the neighborhood potentially affected by the proposed surplus.
Sec. 3.12.050. Notice. Prior to holding any meeting as provided
for in KCC 3.12.030, the city must provide the following notice:
4 Amend KCC Title 3-
Re: Surplus of Real Property
A. Post notice at all main site entrances at least fifteen days
prior to the first public meeting. The notice should be easily visible and
verbiage should be clear, succinct, and legible; and
B. Publish notice at least one time in a newspaper of general
circulation at least fifteen days prior to the public meeting. The notice
should be clear, conspicuous and brief, describing, at a minimum, the
property’s location by street address or other appropriate location
descriptor and stating that the property is being considered for surplus;
and
C. Mail notice at least fifteen days prior to the public meeting to
all property owners of record as listed by the King County Assessor’s
Office whose property is located within 300 feet of the site proposed for
surplus; and
D. Post notice on the city’s website in a location intended to
provide notice of public meetings or public events.
3.12.060. Meeting requirements. At the meeting the city will:
A. Allow members of the public to gain information and speak in
support or opposition to the proposal.
1. Depending upon the number of persons wishing to
speak, councilmembers can limit the amount of time given to each
speaker or terminate or continue the meeting depending upon the time
available to address the proposed sale.
2. If held at a community forum, an “open house”
informational meeting is allowed, so that individual staff members can
answer individual questions.
5 Amend KCC Title 3-
Re: Surplus of Real Property
B. Allow members of the public to submit written statements for
council consideration.
C. After the meeting, the city council may continue the meeting,
hold additional meetings or community forums, or conclude the process.
If the council continues the meeting or holds additional meetings, notice of
the continuation or new meeting(s) or forum(s) will be posted on the city’s
website. No other notice is required.
D. All persons who submit written documents at the meeting,
who speak at the meeting and provide their mailing address, or who
otherwise request in writing to be parties of record for the proposed
surplus will be added to the mailing list for further communications and
notices on the subject.
Sec. 3.12.070. Surplus decision by resolution. Once all
meetings are completed, the city council may surplus the property by
resolution.
Sec. 3.12.080. Valuation by appraisal. The city may order
appraisals, re-appraisals, or peer review appraisals at any time before or
during the surplus process, as needed.
Sec. 3.12.090. Procedural compliance with other regulatory
requirements. If other regulatory requirements require notice or
meetings while the property is under consideration for surplus, the city
may combine those notice and meeting or hearing requirements with the
notice and meeting requirements in this surplus policy.
6 Amend KCC Title 3-
Re: Surplus of Real Property
SECTION 2. – 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 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
7 Amend KCC Title 3-
Re: Surplus of Real Property
PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
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Agenda Item: Bids – 9A_
TO: City Council
DATE: May 17, 2016
SUBJECT: 2016 Crack Sealing - Award
SUMMARY: This project consists of installing 17 tons of rubberized asphalt crack
sealant on various downtown streets. The process fills cracks that form on pavement
surface, preventing water from infiltrating asphalt and into the roadway base. Street
crack sealing is a cost effective measure to keep a serviceable street until an asphalt
overlay can be performed.
EXHIBITS: 1) Memo dated May 10, 2016
2) Project location map
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: This contract is funded out of Business & Occupation Tax Funds.
MOTION: Award the 2016 Crack Sealing Project to BCV Inc. in the amount
of $148,050 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
Address: 400 West Gowe Street
Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: May 10, 2016
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: 2016 Crack Sealing Project - Award
Bid opening for the 2016 Crack Sealing Project was held on Tuesday May 10, 2016
with four (4) bids received. The lowest responsible and responsive bid was
submitted by BCV Inc., in the amount of $148,050.00. The Engineer's estimate was
$176,100.00. The Public Works Director recommends awarding this contract to BCV
Inc.
Bid Summary
01. BCV Inc. $148,050.00
02. Evergreen Asphalt & Concrete $149,500.00
03. CR Contracting $152,760.00
04. Belarde Company Inc. $178,753.00
Engineer's Estimate $176,100.00
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REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
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Page 1 of 8
OFFICE OF THE MAYOR
Derek Matheson, Chief Administrative Officer
Phone: 253-856-5700
Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: 05/17/16
TO: Mayor Cooke
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, May 17, 2016
The Chief Administrative Officer’s report is intended to provide Council, staff and
community an update on the activities of the City of Kent.
ADMINISTRATION
• Two city council mini-retreats to refresh our strategic plan and develop a homelessness
policy are scheduled for Saturday, July 16, and Saturday, July 30. Dr. Chris Gilbert of
NobleEdge consulting and Steven Thomson of Steven Thomson consulting will help
prepare the agendas and facilitate.
• South King County mayors, city administrators, and human services managers started
meeting in fall 2014 to coordinate work on homelessness and “equitable communities”.
The group heard from Lloyd Pendleton, architect of Utah’s successful effort to end
chronic homelessness, last Thursday. Kent will host the next meeting this summer.
• Our Pine Tree Park After-Action Review and Timeline is in the final stages of review.
• The public is invited to comment on the Financial Sustainability Task Force
recommendations on Wednesday, May 18 at 7 p.m. at City Hall. The 18-member
voluntary task force was charged with examining city revenues and balancing those
resources against services, service delivery and other delivery options. A final report is
due June 30 in time to influence the 2017-19 biennial budget process.
• On May 19, our city Public Works Department will showcase their services to the public
at a free event in celebration of Public Works Week. The event will be at ShoWare from
10 a.m. – 3 p.m.
• King County Metro has completed a summary of their draft plan and is collecting input
through May 20. Riders, the public, cities and other partners are encouraged to provide
feedback. Information and the survey is available at kcmetrovision.org.
• Congratulations to Seven Oaks East Neighborhood Council who will receive a matching
grant of $1,700.18 to paint reflective house numbers on the curbs next to 95 homes
within their community. Matched by sweat equity through volunteer hours, the residents
will clean and prep the curbs in front of each home. The painted numbers will help
public safety and delivery vehicle operators, as well as the general public, to locate
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addresses. Other matches include communication notices through mailings, flyers and
donation of cleaning materials.
Neighborhood projects provide opportunities to create a sense of community, and bring
neighbors together while building strength and vitality. Visit
KentNeighborhoodProgram.com for more information.
• The Kent Sister Cities of Tamba (Japan), Sunnfjord (Norway) and Yangzhou (China),
along with the Kent International Festival (KIF), have joined together to host this year’s
annual fundraiser on Friday, May 20 at 5:30 pm at the Golden Steer. Proceeds from
this event are distributed among the four groups. The three sister city committees
utilize their proceeds to assist in financing their student exchange program, while the
KIF uses their funding for the Kent International Festival that will be held at the
ShoWare Center on Saturday, June 4. These hardworking, dedicated volunteers truly
make these programs a success!
• As of today, there have been 1,091 public records requests submitted to the City Clerk’s
Office for processing. We ended the first quarter of 2016 with a 57.7 percent increase
as compared to the first quarter of 2015. The City Clerk’s Office is working hard to
ensure all requests are being handled accurately and in a timely manner. However, a
few requests have had to be extended due to the increased workload on current staff.
City Clerk Ronald Moore is closely monitoring the process and is working with IT, City
staff, and the Public Disclosure Administrator to work on ways to remedy the current
situation. Below are stats to date.
Year Q1 Q2 Q3 Q4 Total Annual % of
Increase
2013 439 464 376 443 1722 N/A
2014 470 545 506 431 1952 13.4
2015 489 573 661 672 2395 22.7
2016 771 320 so far To date – 1,091 Q1 only = 57.7
ECONOMIC AND COMMUNITY DEVELOPMENT
• Economic & Community Development Department
o Planning staff presented to the City Council a process for prioritization of capital
projects on a citywide basis, using a criteria matrix from Redmond that was adjusted
for use in Kent. The process is meant to provide information and guidance for how
to best utilize the City’s revenue sources to construct or implement projects that are
a citywide priority. The prioritization process will be tested during the upcoming
biennial budget cycle.
o A multi-departmental staff team is working with Sound Transit staff on their early
preliminary engineering to ensure the drawings for the Link light rail project on West
Hill reflect the goals for transit-oriented development in Midway. Considerations are
given to street design, pedestrian and bicycle connections, access points, bus stops
and layovers, landscaping, other infrastructure requirements, and so forth.
• Economic Development Division
o ECD staff will host a small group (10-15) of FIABCI members (International Real
Estate Assoc.) for a Kent overview presentation and downtown walking tour.
o ECD staff toured local industrial manufacturing company with a need for machinists
and connected them to various resources to address their labor needs.
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o ECD hosted the SUNBC delegation from China to provide an overview of Kent
investment opportunities.
FINANCE
• The city had a very, very successful bond sale which took place on Wednesday, May 11.
Finance will be providing a recap to council at an upcoming workshop but overall the
refunding is estimated save the city over $10,600,000 over the life of the bonds.
• The 2017 / 2018 budget process formally kicked off with the Budget Kickoff Meeting
held on Monday, May 16. Finance provided departments with an overview of the
budget process and calendar as well as reminders about the system and any updates to
necessary materials. The budget calendar assumes the budget will be approved at the
December meeting of the City Council.
HUMAN RESOURCES
• Recruitment
o Won Third Place Indoor Exhibitor among more than 75 companies and agencies at
the Washington Women in Trades Job Fair on Friday, May 6 at the Seattle Center for
our engagement with job candidates. The City of Kent had representation at the job
fair from the Kent PD, Public Works, and HR.
o On May 4, staff began accepting applications for the Maintenance Assistant (Solid
Waste Division) position.
o An offer was made to Heath Brackett (external candidate) for the GIS Analyst III
position; he is starting in his new position on June 1.
o Interviews were conducted on Thursday, May 5 for the Fleet Maintenance Assistant
position.
o The posting for a Maintenance Worker II (Sewer) will be advertised starting Monday,
May 9.
o Oral boards for the Corrections Officer position wrapped up on Friday, May 6th.
o Thirty-three candidates passed the written exam for the Records Specialist positon
and have been invited to the typing test which was Thursday, May 12.
o Interviews for the Signal Technician position were held on Thursday, May
5. Background checks are being conducted for the top two candidates with second
interviews the week of May 16.
• Labor, Classification & Compensation
o Staff continues to work on the updates for the Director job descriptions.
o Staff are working on policy updates.
INFORMATION TECHNOLOGY
• IT supported the RFA moving from the old Fire Station #45 location to a new location
that required the move of all phones, PC’s, Network and wireless infrastructure.
• Parks and Kent Station Summer Concert Series promotional material is complete and
distributed.
Page 4 of 8
• IT has deployed a new round of advanced system configurations to combat the ever
increasing volume of email spam. We have added advanced rules to help reduce
known spam sources from being delivered to staff inboxes.
LAW
• David Galazin worked with outside counsel to finalize the City’s response brief for the
Washington Court of Appeals in the matter of Berg v. City of Kent, related to a Notice of
Violation issued to the owners of the “Shady Park” property, in which the City has thus
far prevailed both before the Hearing Examiner and in Superior Court.
• Assistant City Attorney Tammy White, Kim Komoto, and Cheryl Rolcik-Wilcox finished
processing all pending Public Records Requests relating to Pine Tree Park, collectively
spending over 115 hours of attorney time and 285 of staff assistant time on these
requests. They also continue to work reviewing records, applying redactions, and
preparing detailed and lengthy exemption logs on two large public records requests
concerning complex and sensitive information in police officer files.
• Staff researched and advised the Finance and IT Departments on the legal requirements
and limitations of imposing possible convenience fees and surcharge fees on credit card
transactions.
• Assistant City Attorney, Victoria Robben assisted with the preparation of 33 Correction
Notices, 4 Notices of Violation and 2 Voluntary Correction Agreements. She advised the
group on filing criminal charges on one code enforcement matter. Victoria also
represented the city on one contested and one mitigated code enforcement hearing
before the City’s hearing examiner, prevailing on both cases.
• Tom Brubaker was elected President of the Washington State Association of Municipal
Attorneys (WSAMA) at a conference in late April, where he presented papers and spoke
on three topics. Tom also co-chaired and spoke at a CLE in Seattle on public bidding
and gave a presentation on local improvement districts to the Puget Sound Finance
Officer Association.
MUNICIPAL COURT
• Kent Municipal Court has started a relicensing program. Our relicensing/fine
consolidation program allows individuals to join all of their outstanding fines/fees and
court costs into one payment process. The program also allows for a community service
option upon consideration of the participant’s individual ability to pay. The objective is
to assist suspended drivers in paying fines which are preventing them from reinstating
or obtaining a valid license. It will also allow participants to responsibly address all of
their other financial obligations to the Court.
PARKS, RECREATION, AND COMMUNITY SERVICES
• Parks Planning and Development
o The play area at Kent Memorial Park is getting re-developed. Public outreach will be
conducted in the coming weeks in order to receive valuable feedback on some design
alternatives from residents in nearby homes and apartments. Outreach will include
opportunities for residents to provide their feedback on-line. Similar public outreach
has been very successful in recent playground projects (Seven Oaks Park and Green
Tree Park).
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• Recreation
o The jury for the 2016 Kent Summer Art Exhibit was held on April 26. The
professional artist jurors – Joseph Steininger and Humaira Abid – reviewed a record
number of applications. (More than 500 artworks from 63 artists, compared to last
year’s 200+ pieces by 41 artists.) They selected 57 pieces from 27 artists to be part
of the show during June, July, and August. An opening reception will be held on
Wednesday, June 8.
o The Senior Activity Center held their annual Volunteer Appreciation Event on April
29. This celebration honors the Center’s registered volunteers who have recorded
hours throughout the year. Over 100 volunteers attended and enjoyed a box lunch
provided through a generous donation from Mitzel’s American Kitchen and the Adult
Family Home Council. Community volunteers from Vistex, Inc., Senior Services Meals
on Wheels, Retired Seniors Volunteer Program (RSVP) and GenCare Lodge at Eagle
Ridge helped with set up, games, serving, and clean up. The Kent Lions Club was
also a generous event sponsor.
o Kent Athletic Complexes provide a great venue for Park's programs and private
organizations. They also serve as destination for many regional and national sport
tournaments. The facilities create connections and economic benefit to the City by
the variety and diversity in events that are booked. April begins the busy season
which runs through September. Annually, tournament rentals bring over 100,000
visitors to Kent.
o Kent Commons is a busy urban recreation center and 1st quarter, 2016, was no
exception. The facility hosted 102,068 visitors who participated in programs,
scheduled events, and facility services.
• Facilities
o The maintenance crew is wrapping up structural work at the 18-hole golf course
project for the new Scotch and Vine restaurant; final work continues ensuring ADA
compliance in the restrooms, putting on new exterior siding, as well as new curbing
and wheelchair access. The old take-out window has been repaired and replaced.
• Housing and Human Services
o Human Services staff attended a Kent Black Action Commission meeting to inform
them about human services funding, the work and networking opportunities available
through the Kent Cultural Diversity Initiative Group; minor home maintenance
services provided through the Home Repair Program. Staff also shared information
about the Parallel Human Services Application that will be released in October.
POLICE
• Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions
o Hiring Oral Boards for Corrections were held May 5 and 6.
o Records Specialist testing is in progress.
o A conditional offer was made to a lateral officer candidate.
o Fifteen new-hire officer candidates passed the testing and have moved on to background
checks.
• Significant crime activities/arrests/investigations
o On May 3, a 38 year old man was huffing (inhaling aerosol) standing next to a stopped
metro bus in the area of 15400 and 104th Av SE. As the bus was pulling away, the
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pedestrian fell off the curb, into the side of the bus and was run over by the rear
wheel. When the Officer arrived, the pedestrian grabbed the nearby can and began
huffing on it. He had multiple prior arrests for huffing and an outstanding warrant for the
same. He later died at the hospital.
o On May 7 at about 6:30 a.m., dispatch advised officers of a man with a gun at the
AM/PM store. A witness observed a male and female in a dispute and the male was
holding a pistol. The suspect was later contacted and arrested. The suspect had
warrants and court orders restricting him from possessing any firearms.
o On May 8 at 9:34 p.m., numerous callers to 9-1-1 reported the sounds of several
gunshots in the area of 108 Av SE and SE 240 St. Officers arrived in the area and a
witness directed them to McDonalds, where they contacted and took the suspect into
custody for Reckless Endangerment. The suspect had been walking up and down
108 Ave SE, randomly firing shots into the air and screaming about his brother. No
victims were located or called 9-1-1 and no damage was reported. The suspect’s
residence was checked but no victims were found at that location either. The suspect
may have been experiencing a mental health episode. Several shell casings and a
handgun were recovered at the scene.
• The annual statewide, “Click it or Ticket” (Seat belt emphasis) runs from May 23 through
June 5.
• Events and awards
o On May 6, Commander Church participated in the Washington Women’s In Trade (WWIT)
Job Fair at Fisher Pavilion in Seattle.
o On May 17, Chief Thomas will hand out six Life Saving Awards at the Council meeting:
On March 24, Kent Police Department volunteer Steven Letter saw an adult male
walking down the middle of the railroad tracks and then lie down on the tracks as a
train was approaching. The train was very close and blowing its horn. Mr. Letter was
able to pull him off the tracks prior to the train striking him. The quick actions of Mr.
Letter saved the man’s life.
On February 28, Sergeant Andy Grove, Officers Brian Cortinas, Andrew Reed, Jeff
Reeves, and Brittany Rios were dispatched to an apartment fire at the Rock Creek
Landing Apartments. They assisted the Fire Department in evacuating families from
the building and rescuing a family from the third floor. These actions saved the lives
of multiple families.
• McDonalds on SE 256th reported that they were going to be picketed for closing the lobby
from 2-4pm. An officer checked on the location and did not see any picketers. McDonalds
did have a security guard outside. We have not received any calls from their management
and there didn’t seem to be the congregating there officers usually see.
PUBLIC WORKS
• Street concrete crews are completing work on ADA ramps on Gowe and Kennebeck
Streets. Crews will begin working on sidewalk connectivity installation on 120th Ave SE
north of SE 248th St. next week.
• The Signs and Markings crew will be installing historical street name signs in the lower
east hill area, with the Litter crew handling city wide litter and removing illegal signs in
the lower East Hill area.
• Vegetation crews are focusing on established, high visibility areas that are attended to
on a weekly or bi-weekly basis.
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• Water Mains and Services have begun the first of six water main replacement projects
for the summer construction period.
• Water Department crews are working with our customers that have homes built prior to
1940 to sample their water for lead content. We have had 19 inquiries to date. We
have also reached out to the Kent School District to offer them any help they may need.
• Storm crews are preforming catch basin repairs and will be in a few areas; Guiberson,
Vandevanter, 110th and 251st, 102nd and 256th. Catch basin cleaning will be in the
area of Kent Kangley and 108th.
• Sewer crews will be working on the float for the Lake Fenwick aerator and will be
cleaning the generator housing and replacing a wet well float at Frager.
• Design
o James St. Pump Station – Working with Construction Section and PACE on generator
shelter revisions.
o 224th St. Phase 1 – Working on finalizing submittals to WSDOT for temporary and
permanent channelization, drainage revisions, fiber optic relocation and median
barrier replacement. 90% plan comments were due May 4.
o 224th St. Phase 2 – 30% plans for the roadway are being prepared.
o First Ave. N. – Contract was awarded to NPM Construction Co. at May 3 Council
meeting.
o 228th/UPRR Grade Separation –SEPA documents were submitted to Planning Dept. on
May 2. Working with utility companies on relocations, and working with Union Pacific
railroad on agreement/licenses.
o Briscoe-Desimone Levee – Meeting was held on May 9 with Otak to discuss design of
Reach 1 plantings. Coordinating with City of Tukwila on planting plan.
• Land Survey
o Construction Surveying: 72nd Ave. Extension, James St. Water, Leber Project
o Design Surveying: 228th/224th E. Leg, 80th Ave. S Concrete, 208th St. Monitoring
o Right of Way: 228th/224th E. Leg, Mill Creek Rehabilitation, Armstrong Springs
• Construction
o Central Ave S. Pavement Preservation and Utility Improvements: Planing the existing
asphalt is currently scheduled for nighttime hours during the week of May 16.
o Russell Rd Upper Levee – South Reach: Paving of the trail and the Neely parking lot
is taking place this week and the trail could open by Friday, May 13.
o Briscoe-Desimone Levee – Reach 4: The contractor has completed installation of a
new flow control structure on the South side of S 200th St (in Three Friends Fishing
Hole Park). Restoration of the park will follow.
o Armstrong Springs Generator: The generator should arrive and be installed on
Friday, May 13.
o Kent Kangley Pedestrian Improvements: Work is currently at the intersection of Kent
Kangley and 124th Ave SE and at the intersection of 111th Ave SE and 108th Ave SE.
Page 8 of 8
o 72nd Ave Extension: Grout column installation is ongoing on the South side of the
stream while import and placement of the contract’s required preload embankment is
taking place on the North side.
o James St. Pump Station: Excavation for the pump station and the large diameter
detention system on site has begun.
o 2016 Asphalt Overlays: Paving at the Lake Fenwick Rd location was completed last
week and work is currently at the Mt. View Place location. The 116th St location is
being prepped to proceed with overlay paving next week.
o James Street Improvements – Crews are testing connections and services in the first
section of new watermain between Clark Ave N and Hazel Ave N. The irrigation
system installation began on May 10, 2016 for the planter strips.
o Cambridge Emergency Sewer Repair: The contractor has completed the necessary
repair work and is working with homeowners to provide satisfactory fencing
restoration and tree replacement.
o Kent Regional Trails Connector: This project has been awarded to Pivetta Brothers
Construction, Inc. from Sumner, WA.
o 1st Avenue North Improvements – W. Smith St to W. James St: This project has
been awarded to NPM Construction Company from Maple Valley, WA.
• Transportation
o Staff submitted a $1.5 Million Preservation Grant application to the Puget Sound
Regional Council to overlay East Valley highway.
o A Flashing Yellow Arrow has been installed at 94th and James Street intersection.
This will help mitigate, but not eliminate, traffic impacts during the James Street
construction.
o Staff is the meeting with the Neighborhood Councils to discuss the development of a
citywide crosswalk policy.
• Environmental
o Upper Russell Road Levee South Reach: Working with King County staff and the
Lakes community regarding the use of clover on the levee instead of grass as
required by King County.
o South Storm Drainage on 1st Ave: Project was advertised Tuesday, May 10 with bid
opening on Tuesday, May 24. Staff is working with utilities to relocate power, gas,
and telephone facilities by July 1.
o South 212th Street Embankment Repair: Letter request to the Corps allowing an
emergency exemption from permits for repair work along Garrison Creek and the
S 212th Street roadway embankment was submitted on May 5. Goal is to repair the
S 212th street roadway embankment this summer.
o Kent City Code 7.04 Sanitary Sewers has been amended and is going through final
review. The new sewer code will be consistent with regulations and city practices
with improved enforcement mechanisms.
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION