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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/02/2014CITY OF KENT City Council MeetingAgenda September 2, 2014 Mayor Suzette Cooke Dana Ralph, Council President Councilmembers Jim Berrios Bill Boyce Brenda Fincher Dennis Higgins Deborah Ranniger Les Thomas adccW06823 This page intentionally left blank. KENT CITY COUNCIL AGENDA September 2, 2014 Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA 5 p.m. Subject Speaker Time Transportation Network Megan Pedersen, KC Deputy Director Companies\Taxi legislation of Records and Licensing Services 50 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. Public Recognition B. Community Events C. Proclamation of Constitution Week D. 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 Workshop – Approve B. Contract with Shannon & Wilson for the County Road #8 Levee Project - Authorize C. Puget Sound Energy Project Construction Agreement for the James Street/Russell Road Levee - Authorize D. Briscoe/Desimone Condemnation Ordinance – Adopt E. Interlocal Agreement with the City of Auburn for the 277th Corridor - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED F. 2015-2020 Capital Improvement Plan – Set Public Hearing Date G. 2015-2016 Biennial Budget – Set First Public Hearing Date 8. OTHER BUSINESS 9. BIDS A. Leber Homestead Soil Preparation - Award 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Negotiations, as per RCW 42.30.110(1)(c) 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) Transportation Network Companies/Taxi Legislation, Megan Pedersen, King County Deputy Director of Records and Licensing Services This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Proclamation of Constitution Week D) Intergovernmental Reports This page intentionally left blank. WHEREAS, September 19, 2014, marks the two hundred twenty- seventh anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; NOW, THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim September 17 through 23, 2014 as In the City of Kent, Washington, and I encourage our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. In witness whereof, /have hereunto set my hand and .caused the Seal of the City of Kent to be affixed this 2nd day of September, 2014. zette�ooke, Mayor W A S H I N G T O N This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A_ CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember________________ seconds to approve Consent Calendar Items A through G. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of August 19, 2014. This page intentionally left blank. Kent City Council Workshop Minutes August 19, 2014 The workshop meeting was called to order at 5:03 p.m. by Council President Ralph. Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, and Thomas. Councilmember Ranniger arrived at 5:05 p.m. King Conservation District – Melissa Lang, Outreach Coordinator discussed the King Conservation District (KCD) and highlighted each of the top six priorities for the organization. She also discussed their advisory committee timeline and said it was assembled to put together the program of work for the District, which was subsequently supported by the Sound Cities Association (SCA). Council President Ralph inquired about the financial implications and what the funds will be used for. Lang responded and communicated that KCD is asking that the Legislature to revert their legislative funding ceiling back to $10.00 per tax parcel. She added that KCD has received 61 letters of support thusfar with one city in opposition to the proposal. Councilmember Higgins inquired how much will be spent on the new funding mechanism and Lang communicated that there is a list inside of the packet concerning Kent. However, she noted, the list isn't project specific and would provide it to the Council. Councilmember Higgins thanked Lang for the KCD's assistance in the salmon projects along the Green River in Kent. Council President Ralph verified that KCD is asking the Kent City Council to execute a letter of support for reinstating the rate. Councilmember Thomas noted that he is concerned about "takings" of private shoreline land from homeowners and Lang explained that KCD doesn't do that. She added that KCD has the technical expertise to assist homeowners and instruct them on how to still be able to use the land. Council consensus was to draft a letter in support of reinstating the rate. The meeting adjourned at 5:30 p.m. Ronald F. Moore, MMC City Clerk Kent City Council Meeting Minutes August 19, 2014 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, Ranniger, and Thomas. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF. Chief Administrative Officer Derek Matheson suggested adding item 8C, Limited Release of Covenants pertaining to Kent Station. Mayor Cooke suggested adding item 4C2, Proclamation for Trinity Community Church Day. PUBLIC COMMUNICATIONS. A. Public Recognition – Councilmember Ranniger asked for a moment of silence to recognize and honor Michael Brown who lost his life in Ferguson, Missouri. She said Mr. Brown deserved to have a life and what happened in Ferguson is a flashpoint in this country. This incident communicates to her that people have much work to do around the issues of racism and prejudice. This should serve as a painful and tragic reminder to all of us how critically important it is to embrace and make a top priority the strategic goal we all set for ourselves of foster inclusiveness. It is really important to create connections, embrace the community we live in, and get to know our neighbors. It is also important to make an effort to reach out to each other and build the community together. Councilmember Thomas stated that it is premature to make statements like that. He stated that normally a moment of silence is given to those who have great honor such as a Nobel Prize winner dying, president, governor, even the mayor. Councilmember Thomas said he finds it difficult giving honor to an 18 year-old thief especially in light of some of the statements that were made today by witnesses who actually saw that the police officer was more correct than some of the other statements that were made. He said he wouldn’t mind joining Councilmember Ranniger, some of the statements she made were really well done. However, he felt this isn’t the correct time or place for the Council to be taking sides or making this a race issue. It would not have mattered if it was a Black or Asian officer who had shot Mr. Brown. He stated that there was a theft of a nearby convenience store and tragically things happened. The real victims right now are the officer and his family who can’t go outside and have to be protected and moved to a different location, said Councilmember Thomas. He said he can’t stand silently as requested and said he would be walking towards the door if anybody wants to join him because he finds it difficult to pay tribute in this format. Councilmember Boyce replied that you can call Mr. Brown a thief or a liar, whatever, but he has a hard time listening to Councilmember Thomas talk about someone’s life like it’s not worth anything. He added that he cannot judge what the police officer has done, but the jury is still out. A life is a life and to belittle that life regardless of what a person may have done is not right. People deserve to live, he said, and there are consequences to all things that happen. He added that he is very shocked and surprised that Councilmember Thomas would go in that direction. Kent City Council Meeting Minutes August 19, 2014 Councilmember Fincher said she feels the same as Councilmember Boyce. She stated that there are two different issues and felt that race does have something to do with this. She said a number of things have come out, but not everything has come out and we do have to wait. Whether he stole something or not in that situation does not mean that he should automatically die. That’s why there is a justice system and that’s why we have jails for people who steal things and other crimes. The penalty shouldn’t be death. Mr. Brown was one of three young black men killed in police actions this week, she noted. We are a country that race is still an issue and whether you realize it or not things from the past still affect us today. He was somebody’s child; he was a person, added Fincher. Councilmember Ranniger said that is why she brought this up. It points out that we still have work to do, we are all responsible and need to work together to work through the issues that still plague our country, she said. Councilmember Thomas said he apologizes if Councilmember Boyce or Councilmember Fincher felt as if he was making light of someone’s life. That is the furthest thing from my mind, he said. He stated that this is very premature and we have only seen one side of the scale so far. He said he would join Councilmember Ranniger if at some point in time this young man is found out to be innocent. He felt the whole story needs to be revealed and felt the Council is premature in honoring someone before the whole truth is discovered. He added that if Mr. Brown is proven innocent after the stories are investigated he will gladly honor him. Councilmember Higgins commented that it is troubling to see what has been happening in Missouri and the full story hasn’t been revealed. He said he has been thinking about what can be done here in Kent to have wider open doors and encourage communications. He noted that Councilmember Ranniger spoke very well about that and he wants to be a part of that. He added that the Kent Police Department cares about the community and they are invested in it. He said what he sees in Missouri is 180 degrees different than what he sees here in the Kent Police Department. He said he hopes everyone reaches out and talks to one another going forward. Councilmember Ranniger stated that the issue is not the whole story, but that there is work still to be done. She stated that there has been some good work done here in Kent, but there is a lot more to do and it involves all of us. It will take reaching out to this richly diverse community and making sure all of us feel safe. Mayor Cooke stated that the issue relating to Mr. Brown parallels to an event that occurred in our own community. She communicated that we are in a day and age where the world has come to Kent. She stated that those that were born and raised in this City have a whole new City and it behooves each of us, no matter what age, profession, or beliefs to have respectful conversations with our neighbors of different races, religions, ethnicities, and orientations. Our future dearly relies on these types of conversations to learn from each other. She stated that this Michael Brown case involves the police and our Kent Department trains on understand those differences. She communicated that Missouri is a far away in miles and in many ways far away from Kent in mindset. She noted that Kent has come much further in these types of conversations thanks to the leadership of the Council and those in the community 2 Kent City Council Meeting Minutes August 19, 2014 willing to have them. She asked everyone to be conscious of their actions, not rush to judgment towards others, and be courageous in future conversations with our neighbors. Mayor Cooke led the Council in a moment of silence for Michael Brown. Councilmember Higgins recognized three Kent residents who have made an impact in our community. He noted that one has moved to the Spokane area and the other two are moving to West Seattle shortly. He noted that Tom Hinkle has been very active in the Green Kent program and appreciated all of his work to make Kent parks better. He also thanked and bid farewell to Paul and Holly Seim who lived in the Mill Creek neighborhood who have been very active in procuring a quiet zone in downtown Kent. Councilmember Ranniger departed the meeting at 7:24 p.m. B. Community Events - Council President Ralph reminded everyone that school starts next week and asked drivers to watch out for children on their way to school. Councilmember Fincher discussed the Experience Historical Kent event last week and stated it went well. She thanked the Mill Creek homes that opened for everyone. Mayor Cooke invited the public to the Wilson Playfields Turf Replacement Celebration which is scheduled for September 6 at 10 a.m. C. Proclamation for Gay Pride Day - Mayor Cooke presented the Gay Pride Day proclamation to Wade Schwartz and proclaimed September 14 as Gay Pride Day in the City of Kent. C2. Proclamation for Trinity Community Church – Mayor Cooke stated that Trinity Community Church is celebrating over 50 years of reaching out to the community and are having their first ever evangelical conference this week. D. Public Safety Report – Police Chief Ken Thomas noted that this past month there have been some very serious events that surrounded police actions. He stated that four of the five officers that were involved in the Kent shooting have made it back to work and the final officer is still healing. He communicated that the Kent Police Department takes all issues in policing seriously. He added that he has read a lessons learned document which communicates what could be done better or differently. He said whenever there is a loss of life it is a tragedy. He discussed diversity in the community and at their Friday trainings every one of his officers gets refreshers on how to work in this diverse community. He noted that he shared the main points of a national executive research forum lessons learned document with his staff. He noted these main points consisted of before the major incident occurs, have a previous relationship with the community and transparent communication. He noted that in Missouri there was no information released for five days and when protests occurred it was met with force. Chief Thomas highlighted crime statistics stated that the number of vehicle thefts in Kent hasn’t increased or decreased. He reported that residential burglaries have 3 Kent City Council Meeting Minutes August 19, 2014 declined. Specifically, noted there was one person arrested who committed four different types of burglaries. Commercial burglaries are also trending down, so are vehicle prowls, he said. He noted that robberies have increased and it may be attributed to kids robbing from each other. Based on this, he said the numbers may not sufficiently represent the activity in the City. He announced that the City of Kent Police Department will be highlighted in a documentary for its community policing by the International Association of Chiefs of Police. Additionally, he stated that all seven of the defendants from the La Raza Kent Car Show shooting in 2011 have been convicted. He concluded and discussed the City’s partnership with the Seattle Seahawks for the Alive and Free Grant program. E. Intergovernmental Reports - Council President Ralph thanked Police Chief Ken Thomas, the Police Department, and the community for the communication and relationship building that occurs here in Kent. She noted that anytime anything negative happens there tends to be a rush to judgment and facts need to be uncovered first. She said she attended the Watershed Ecosystem Forum on Thursday at Renton City Hall. There was discussion about ecosystem restoration projects, specifically the Boeing Levee and ongoing discussions with the King County Flood Control District (KCFCD) and U.S. Army Corps of Engineers on the design of that project, including the integration of flood control and recreation. There also was discussion about salmon habitat and the recommendations the watershed forum is making to the KCFCD as a part of the System wide Improvement Framework which looks at the Green River as a whole. Additionally, there was a presentation given by the King Conservation District concerning what they are doing about food resources, salmon habitat, and farms in this community. The next meeting of the forum is in November. Councilmember Higgins reported on the Sound Cities Association Board of Directors and said there hasn’t been a meeting since his last Council meeting. He communicated that there is a Regional Transit Ad Hoc Committee meeting on August 28 and they have been pointing out the need for better data from King County Metro and the failure of the Metro proposition. He noted that the committee feels the reason it failed is because people don’t trust the data they are receiving from Metro. He noted that they will be coming up with recommendations at their next meeting on Thursday. Councilmember Higgins also gave a report on the Association of Washington Cities (AWC) Ad Hoc Rail Committee and announced they are meeting in Olympia on August 29. Councilmember Boyce noted that Sound Cities Association took August off and will be meeting in September. PUBLIC HEARINGS None. PUBLIC COMMENT 1. Michael Keyes, Auburn – Keyes discussed short plat expirations. He stated that he has had a short plat in place in Kent and during the economic downturn the 4 Kent City Council Meeting Minutes August 19, 2014 engineering firm he hired for the short plat went out of business. Based on this, he stated he had to get the engineering documents recreated and the plat term has run out. He asked the Council to extend short plat limits to fall in line with King County and state. 2. Kim Chapman, Kent – Chapman communicated that she called 911 on July 31 for a ride to her doctor’s office. She said she is speaking for equality and diversity. She communicated that there should be an option for the police or fire department to take people to doctor appointments. She noted that she will be boycotting cities when things aren’t right. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through M, seconded by Councilmember Thomas. Motion carried 6-0. A. Minutes of Previous Meetings and Workshops – Approve. The minutes of the workshop and regular Council meeting of August 5, 2014 were approved. B. Payment of Bills – Approve. Payment of the bills received through June 30 and paid on June 30 after auditing by the Operations Committee on August 5, 2014. Checks issued for vouchers: Date Check Numbers Amount 6/30/14 Wire Transfers 5909 - 5922 $1,636,905.59 6/30/14 Regular Checks 683949 - 684351 $5,115,074.28 Void Checks $0.00 6/30/14 Use Tax Payable $708.52 $6,752,688.39 Payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on August 5, 2014. Checks issued for vouchers: Date Check Numbers Amount 7/15/14 Wire Transfers 5923 - 5939 $1,997,153.09 7/15/14 Regular Checks 684352 - 684725 $3,095,008.96 Void Checks $0.00 7/15/14 Use Tax Payable $1,835.51 $5,093,997.56 Checks issued for payroll for June 16 through June 30 and paid on July 3, 2014: Date Check Numbers Amount 7/3/2014 Checks 335796 - 335953 $90,379.73 Voids and Reissues 7/3/2014 Advices 331007 - 331656 $1,270,271.18 5 Kent City Council Meeting Minutes August 19, 2014 $1,360,650.91 Checks issued for payroll for July 1 through July 15 and paid on July 18, 2014: Date Check Numbers Amount 7/18/2014 Checks 335954 - 336118 $99,880.60 Voids and Reissues 7/18/2014 Advices 331657 - 332317 $1,285,744.30 $1,385,624.90 C. King County Sheriff’s Office Registered Sex Offender Grant - Accept. The Mayor was authorized to accept the 2014-2015 Registered Sex Offender Grant from the King County Sheriff’s Office in the amount of $54,567.88 for officer overtime costs associated with registered sex offenders, amend the budget, authorize expenditures in accordance with the grant terms, and execute any required documents, subject to final terms and conditions acceptable to the Police Chief and City Attorney. D. Consolidating Budget Adjustment Ordinance for Second Quarter 2014 – Adopt. The Mayor moved to Adopt Ordinance No. 4119, approving the consolidating budget adjustment ordinance for adjustments made between April 1, 2014 and June 30, 2014, reflecting an overall budget increase of $1,670,964. E. Latecomer Sewer Connection Charge Agreement - Authorize. The Mayor moved to authorize the Public Works Department to establish a sanitary sewer connection charge for property along the west side of 124th Avenue SE between SE 248th St. and SE 252nd Street subject to terms and conditions approved by the City Attorney and Public Works Director. F. Public Works Agreement with Dunkin & Bush, Inc. for Cleaning Water Tank Exterior - Authorize. The Mayor was authorized to sign a Public Works Agreement with Dunkin & Bush, Inc. in an amount not to exceed $28,470.00 for exterior tank cleaning at the 3.5 million gallon reservoir, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Consultant Services Agreement with Environmental Science Associates - Approve. The Mayor was authorized to sign a Consultant Services Agreement with Environmental Science Associates in an amount not to exceed $45,200 for environmental services needed to update the Critical Areas Ordinance (CAO) subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Consultant Services Agreement with GeoEngineers, Inc. for Geological hazard Areas - Approve. The Mayor was authorized to sign a consultant services agreement with GeoEngineers, Inc. in an amount not to exceed $19,901 for environmental services needed to update the Critical Areas Ordinance (CAO), subject to terms and conditions acceptable to the City Attorney and the Public Works Director. I. Interagency Agreement with Washington Department of Enterprise Services for LED Street Light Replacement Grant – Authorize. The Mayor was authorized 6 Kent City Council Meeting Minutes August 19, 2014 to sign a an interagency agreement for up to $64,000 with Washington Department of Enterprise Services (DES) and select and Energy Services Company from the DES list to complete an investment grade audit and assist with the application of an Energy Efficiency and Solar Grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Local Option Capital Asset Lending Program for LED Street Light Replacement - Authorize. The Mayor was authorized to sign all applicable documents to apply for a Washington State Local Option Capital Asset Lending loan, not to exceed $3,000,000, for the purpose of replacing City-owned high pressure sodium street lights with LED lights, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. K. Consultant Services Agreement with GeoEngineers, Inc. for Kentview Sanitary Sewer Interceptor – Approve. The Mayor was authorized to sign a consultant services agreement with GeoEngineers, Inc. in an amount not to exceed $57,843 for materials testing and inspection services related to the Kentview Sanitary Sewer Interceptor project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. L. Kent Valley Loop Trails Master Plan Resolution - Adopt. The Mayor was authorized to Adopt Resolution No. 1897, approving the Kent Valley Loop Trails Master Plan. M. Green River Corridor District Zoning Code Amendment, Ordinance - Adopt. The Mayor was authorized to adopt Ordinance No. 4120 amending the zoning code to eliminate the Green River Corridor District height restriction and add GC-MU to the building length exception as recommended by the Land Use and Planning Board. OTHER BUSINESS A. Economic Development Plan, Resolution – Approve. Ben Wolters, Economic and Community Development Director discussed the Economic Development Plan. He stated that the plan was created to foster the growth of the City. He noted that the purpose of the plan is to serve as a comprehensive playbook of strategies for economic growth for the next five to ten years. He noted that the first phase of this began in 2011 when Community Attributes utilized a variety of quantitative and qualitative methods to develop a baseline and analyze retail, employment, demographic, real estate and industry trends. Phase II draws from and expands upon the themes, goals and priorities outlined in Phase I of Kent's Economic Development Plan to articulate a robust playbook of specific strategies and action steps which are supported by case studies and examples across the country for economic growth in Kent, he said. Wolters gave a brief overview of the 112 action steps, each of the six strategies, and the plan implementation and coordination section of the Plan. Councilmember Boyce moved to adopt Resolution No. 1896, the final Economic Development Plan for the City of Kent as prepared by Community Attributes International, seconded by Councilmember Berrios. 7 Kent City Council Meeting Minutes August 19, 2014 Councilmember Boyce communicated that the Council has spent countless hours looking at this and it is a road map with a lot of good data. He highlighted the City’s growth over the last 124 years and said this document will continue to showcase Kent. He thanked the team for this and stated that this is a lot of work. This is an awesome job with metrics and checkpoints to ensure progress is made every six months, he said, concluding that it is the best plan he has seen in a long time. Councilmember Higgins agreed with Councilmember Boyce's comments. He noted that each item is discreet and easily understandable. He appreciated all the work of the staff, community, and business community. A vote was taken on the motion on the table. Motion carried 6-0. B. Riverbend Surplus Property Comprehensive Plan and Zoning Amendments, Ordinances – Adopt. Erin George, Senior Planner discussed the two ordinances. She noted that the Economic and Community Development Committee recommended the ordinance to the Council by a unanimous vote of 3-0 for the area to be rezoned to General Commercial Mixed Use and the City staff also recommends approval of this for this area. If these ordinances are adopted, she highlighted that the site will allow for a variety of retail and office and multi-family residential with five percent commercial. She stated that the next step is to issue a request for proposal and this will lead to a development agreement for the Council to consider. Councilmember Boyce moved to adopt Ordinance Nos. 4121 and 4122, approving a Comprehensive Plan land use map designation of MU, Mixed Use and a zoning designation of GC-MU, General Commercial Mixed Use for the Riverbend Surplus Property as recommended by the Land Use and Planning Board, seconded by Councilmember Higgins. Councilmember Boyce discussed the motion and noted that the Council is still open to suggestions and ideas for the property. However, the City has to address the debt and as the City moves forward, if a proposal comes out which covers the debt the City will be open to it. A vote was taken on the motion on the table. Motion carried 6-0. C. Kent Station Release - Approve. Tom Brubaker, City Attorney communicated that ten years ago the City approved all the documents for the Kent Station Project and there were four phases. He noted that Kent Station LLC (through its parent company is in the process of refinancing two of the three developed phases on the four phase Kent Station site. This removes the memorandum from the County's property records, as it applies to the three completed phases on the Kent Station development. He further explained that the memorandum is simply a document that communicates that the agreements exist. Councilmember Berrios inquired if there was any risk in doing this and Brubaker replied that he checked with outside counsel and the Planning Department which doesn't feel there will be any risk. Brubaker explained that this only releases City and 8 Kent City Council Meeting Minutes August 19, 2014 Kent Station from the memorandum that was recorded with King County, not from the agreements. Councilmember Higgins asked why memorandums are placed with the agreements and Brubaker communicated that there were concerns and this provided some checks and balances. He concluded that Kent Station has executed on their promises. Councilmember Higgins inquired about the phase that isn't complete and Brubaker replied that this provides notice to banks they wish to borrow from or any party that may take interest in the development in its final phase. Councilmember Boyce moved to authorize the Mayor to sign a release relating to the purchase agreement and the development agreement for the completed phase of the Kent Station Project, subject to terms and conditions acceptable to the City Attorney, seconded by Councilmember Berrios. Motion carried 6-0. BIDS A. None. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Ralph noted that the King Conservation District (KCD) presented their 2015 Program of Work to the Council at the workshop. She highlighted KCD’s six priorities. She also announced that there was a reception for the City’s new Finance Director Aaron BeMiller and Chief Administrative Officer Derek Matheson. B. Mayor. Mayor Cooke discussed working on the 2015 - 2016 Budget and on reaching an agreement with the U.S. Army Corps of Engineers concerning the environmental restoration project on the Boeing Levee. She noted that the City responded to the Corps on Friday and continues to try to weave in the City’s obligation to the public in having received that property along the Green River to make certain it is maintained for public recreation use. She stated it is difficult to blend habitat restoration with public recreation. Mayor Cooke announced that “The Platform” apartment complex is open and there are 176 units to lease with a large waiting list. Mayor Cooke also highlighted the Sister Cities from Norway and Japan visited Kent this past month. She spoke about the exchange program and recommended it to the public. She announced the sale of the Grandview property on Veterans Drive and stated the revenues from the sale will be applied towards the City’s unstructured debt. C. Administration. Chief Administrative Officer Derek Matheson thanked the City for the reception and noted that he has a great first week. There will be a ten-minute executive session as per RCW 42.30.110(1)(b). D. Economic & Community Development Committee. Councilmember Boyce communicated that the report is in the minutes. He added that Wilson Playfields was renovated under budget. He welcomed CAO Matheson and his wife. 9 Kent City Council Meeting Minutes August 19, 2014 E. Operations Committee. No report. F. Parks and Human Services Committee. Councilmember Higgins communicated that the August meeting is cancelled. G. Public Safety Committee. Councilmember Berrios thanked the Police Chief for what they are doing and being recognized nationally. He said the Mayor, Council, and City staff is doing a great job reaching out to the community. He noted that outreach is important. H. Public Works Committee. Councilmember Higgins noted that the report was in the minutes. I. Regional Fire Authority. No report. RECESS At 8:41 p.m. Mayor Cooke called for a three minute recess. EXECUTIVE SESSION At 8:44 p.m., Mayor Cooke reconvened the regular meeting and announced that the Council would recess into an Executive Session for ten minutes to discuss property acquisition as per RCW 42.30.110(1)(b). At 8:50 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION A. Property Acquisition, as per RCW 42.30.110(1)(b). Jeff Watling, Parks and Human Service Director discussed the surplusing of “Old Fire Station” located on West Hill and undeveloped 9,000 square foot parcel. The property was appraised at $72,000 and put on the market at that price. Sound Built Homes has given the City a full price offer. Councilmember Fincher moved to authorize the Mayor to sign all necessary documents to complete the sale of the “Old Fire Station” property located at 3536 South 252nd Street to Sound Build Northwest, LLC for $72,000 subject to the approval of the final terms and conditions by the City Attorney and the Parks and Human Services Director, seconded by Councilmember Higgins. Motion carried 6-0. Mayor Cooke clarified that there was never a physical fire station on this property. It was just what the property has been called over the years, she said. 10 Kent City Council Meeting Minutes August 19, 2014 ADJOURNMENT The meeting adjourned at 8:52 p.m. Ronald F. Moore, MMC City Clerk Clerk 11 Agenda Item: Consent Calendar – 7B TO: City Council DATE: September 2, 2014 SUBJECT: Contract with Shannon & Wilson for the County Road #8 Levee - Authorize SUMMARY: The County Road #8 levee is adjacent to SR516 between West Valley Highway and the SR 516 Bridge over the Green River. Projects receiving state or federal monies are required to have a cultural resources report completed to comply with Section 106 of the National Historical Preservation Act. The consultant will provide site reconnaissance and records research that is needed to prepare a cultural resources report. The wetland survey, wetland delineation and biological assessment reports are part of the documents required by FEMA in a Conditional Letter of Map Revision (CLOMR). The CLOMR is the first step in certifying the levee segments and re-mapping of the 100 year FEMA Flood Insurance Rate Map. The Levee certification may involve rebuilding levee segments with structural materials that meet federal standards. Shannon & Wilson, Inc. would perform a wetland mitigation, biological evaluation and cultural resources study along the project. EXHIBITS: Shannon & Wilson, Inc., Consultant Services Agreement RECOMMENDED BY: Public Works Committee YEA: Ralph – Fincher - Higgins NAY: BUDGET IMPACTS: This contract will be paid through the stormwater utility. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Shannon & Wilson, Inc., in an amount not to exceed $21,537 to perform wetland mitigation, biological evaluation and cultural resources study for the County Road #8 Levee Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Shannon & Wilson, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Shannon & Wilson, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 300303, Seattle, WA 98103, Phone: (206) 632-8020/Fax: (206) 695-6673, Contact: Becki Kniveton (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 complete a wetland delineation, prepare a biological evaluation, and provide a cultural resources study for the County Road #8 Levee Improvements 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 December 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty One Thousand, Five Hundred Thirty Seven Dollars ($21,537.00), 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 CONSULTANT SERVICES AGREEMENT - 2 (Over $10,000) 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: 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. CONSULTANT SERVICES AGREEMENT - 3 (Over $10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender 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 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. CONSULTANT SERVICES AGREEMENT - 4 (Over $10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including 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 CONSULTANT SERVICES AGREEMENT - 5 (Over $10,000) 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. 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. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: 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: Becki Kniveton Shannon & Wilson, Inc. PO Box 300303 Seattle, WA 98103 (206) 632-8020 (telephone) (206) 695-6673 (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 Shannon & Wilson - Co Rd 8/Horn 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 Mr. Granville N. Horn City of Kent Public Works Apri18, 2014 Page 2 of 5 Task 1: Wetland Delineation Shannon &Wilson, Inc. (Shannon &Wilson) will conduct a background review of information relating to the project area. This will include a review of the King County Soil Survey, Kent Wetland Inventory maps, King County iMap mapping system, Washington State Department of Fish and Wildlife SalmonScape mapping system, and other relevant background information. We will complete a delineation of the wetlands located along the approximately 9001inear feet of the proposed levee using the methodology outlined in the U.S. Army Corps of Engineers (Corps) 1987 Wetland Delineation Manual and 2010 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region Version 2.0. It is our understanding that the City will provide property access. We will coordinate with the City on our fieldwork timing so the City can have a utility locate conducted at the site prior to our fieldwork. We assume that the proposed levee alignment will be marked in the field or that someone can be available to show our field biologists its location. Wetlands identified on or within 300 feet of the project corridor will be rated using the Washington Department of Ecology Washington State Wetland Rating System for Western Washington, in accordance with the City's requirements, to determine the standard buffer widths as defined within the Kent City Code. We will complete a wetland delineation report describing our findings for your use and files. This report will include a review of wetland regulations as they pertain to the proposed levee construction. We will coordinate our fieldwork with the City's surveyors so the wetland boundary flags, if any, can be picked up by the survey crew at the time they complete the site survey. We will require an electronic copy of the survey in order to prepare our wetland delineation report. The scope of services also includes one meeting with City staff after our wetland delineation is complete to discuss our findings and determine whether the project will impact wetlands. If the project will result in unavoidable wetland impacts, we would be happy to provide a scope of services and cost estimate for a wetland mitigation plan. 21-2-61857-001-Ll.docx/wp/Ikn 21-2-61857-001 Mr. Granville N. Horn City of Kent Public Works April 8, 2014 Page 3 of 5 Task 2: Project Biological Evaluation (BE) Shannon &Wilson will prepare a BE for the County Road #8 Levee Improvements project to provide the required habitat assessment for the City's Special Flood Hazard Area permit, and to be submitted with the project's Joint Aquatic Resources Permit Application to the Corps if wetlands are impacted. The BE will evaluate potential project impacts to ESA -listed species and critical habitat and essential fish habitat protected under the Magnuson -Stevens Fishery Conservation and Management Act. To prepare the BE, we will review the project design and construction methods and coordinate with the project team to identify potential project impacts and proposed impact minimization measures. We will visit the site to evaluate the presence or absence of listed species and suitable habitat. We assume that our site visit will be completed under Task 1. Based on our preliminary review, we assume that the County Road #8 Levee Improvements project will support a "no effect" determination because no in -water work is proposed in the nearby Green River and because we assume that best management practices will be used to prevent soils from the construction project being conveyed to the river. Therefore, we assume the project can avoid consultation with the Services (e.g., the U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration's National Marine Fisheries Service). If it is determined that the project may affect ESA -listed species, we will need to amend our scope of services and cost estimate. We assume that the City will be able to provide information and design figures necessary for us to adequately assess all of the project impacts. This includes, but is not limited to, a set of design drawings; boundaries of construction activities, including staging areas; lists of construction equipment; descriptions of stormwater control and treatment measures and standards; information on temporary stormwater best management practices to be implemented during construction; and construction timelines. Task 3: Cultural Resources Study Cultural Resources Consults (CRC) will be subcontracted to provide a cultural resources study for the proposed levee improvements project for submittal with federal permit applications, if required. CRC will conduct a search of site files recorded at Washington Department of Archaeology and Historic Preservation (DAHP); review relevant correspondence between the project proponent, stakeholders, and DAIIP, and review pertinent environmental, archaeological, 21-2-61857-001-Ll.docxlwp/lkn 21-2-61857-001 Mr. Granville N. Horn City of Kent Public Works April 8, 2014 Page 4 of 5 ethnographic, and historical information appropriate to the project area. CRC will also contact the cultural resources staff of tribes that may have an interest in the project area. CRC will provide a field investigation of the project location for idencation of archaeological and historical resources and, if necessary, excavation of shovel test probes or other exploratory excavations in environments that might contain buried archaeological deposits. CRC will document and record archaeological and historic sites within the project areaincludi ,ng preparation of Washington State archaeological and/or historic site(s) forms. CRC will prepare a technical memo describing background research, field methods, results of investigations, and management recommendations. The report will provide supporting documentation of findings, including maps and photographs, and will conform to DAHP reporting standards. Assumptions ■ This scope assumes that no more than one unrecorded archaeological site or one unrecorded historic site will be identified within the project area. It would be necessary to adjust the budget if additional sites are found. ■ This budget was prepared with the assumption that no more than ten shovel test probes would be excavated. If extensive archaeological deposits are encountered or if additional shovel test probes are warranted within the project area, it may be necessary to modify this agreement to accommodate additional investigations for purposes of site identification. ■ This scope assumes that no meetings with clients and/or stakeholders will be required. ■ This scope does not include additional services for impact mitigation regarding archaeological or historic sites. Please see attached CRC proposal for a complete list of CRC assumptions. SCHEDULE AND COSTS We are prepared to provide the services described above on atime-and-expense basis under the terms and conditions in our existing contracts with the City. Our estimated costs for the above tasks are as follows (and detailed within the enclosed cost estimate). 21-2-61857-001-Ll.docx/wp/Ikn 21-2-61857-001 Mr. Granville N. Horn City of Kent Public Works Apri18, 2014 Page 5 of 5 Task l : Wetland Delineation $ 9,252 Task 2: Biological Evaluation 83925 Task 3: Cultural Resources Study 3.360 Total: $219537 In the event that additional services are necessary, due to changes in your request or other unforeseen circumstances, we will notify you immediately and obtain your authorization for the additional services and costs. We can begin our fieldwork within two weeks of receiving an executed contract. The wetland delineation and biological evaluation can be completed within two to four weeks of receiving project description, drawings, and the survey of wetland boundary flags. CLOSURE Shannon &Wilson has prepared the enclosed "Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Proposal," and "Important Information About Your Biological Assessment (BA) and/or Biological Evaluation (BE) Proposal," to assist you in understanding the use and limitations of our proposals. We are pleased to have this opportunity to assist you with these projects. If you have any questions, please contact me at (206) 695-6673. Sincerely, S-LT ANNON & WILSON, INC. Becki Kniveton, P.W.S. Senior Principal Biologist BSK:KLW/bsk Enc: CRC Proposal Cost Estimate Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Proposal Important Information About Your Biological Assessment (BA) and/or Biological Evaluation (BE) Proposal 21-2-61857-001-Ll.docx/wp/lkn 21-2-61857-001 Cultural Resource Consultants, Inc. Client Information Company Shannon &Wilson, Inc. Mailing Address 400 N 34th Street, Suite 100 Project Manager Information ll Name Becki Kniveton Project Information Project Title Project Scope and Fee Agreement Phone Fax 20G-695-6673 City State Seattle WA Direct Line County Road #8 Levee Wetland Delineation Project Location SR 516 and Reith Road 20G-G95-6673 Section Township Range 0 22 North Project Schedule Ce website Zip 98103 Email bsk@shanwil.com Client Project Number CRC Project Number 1404F City Kent P County Total roj ect Area 4 East King 900' long X 50' wide Anticipated Completion Date: April -May 2014 CRC anticipates completion of field investigation within 30 days of this signed contract. A finaI report will be submitted within 30 days of fieldwork completion. Cultural Resource Consultants PO Box 10668, Bainbridge Island, WA 98110 206 855-9020 ~ www.crcwa.com Project Description Shannon &Wilson, Inc., on behalf of the City of Kent, is requesting a cultural resources assessment prior to ground disturbing activities associated with the County Road #8 Levee Wetland Delineation development within the right-of-way for South 251 st Street near SR 516. Project Assumptions * This scope and budget is based upon information provided on 25 March 2014. Any changes may require a change in budget to accommodate updating project information not received prior to the start of this project. * This scope assumes that no more than one unrecorded archaeological site or one unrecorded historic site will be identified within the project area. It would be necessary to adjust the budget if additional sites are found. This budget was prepared with the assumption that no more than ten (10) shovel test probes would be excavated. If extensive archaeological deposits are encountered or if additional shovel test probes are warranted within the project area it may be necessary to modify this agreement to accommodate additional investigations for purposes of site identification. * This scope does not include additional services for impact mitigation regarding archaeological or historic sites. * This scope assumes that no meetings with clients and/or stakeholders will be required. * This scope assumes that project proponents can provide immediate Right Of Entry to CRC so the project maybe completed wn the stated project schedule. * This scope assumes that all relevant project information, prior reports including geotechnical reports, design plans and project maps will be provided with the signed Agreement so that CRC may begin this project immediately upon receipt of signed agreement. * If human remains are found within the project area, all CRC field investigations will cease immediately, proper authorities will be notified and CRC will not resume field investigations until applicable state laws are addressed. * This budget assumes the client will provide utility locator services, per Washington State Law (RCW 19.122), prior to CRC field investigations. * CRC assumes our report will be submitted to DAHP (cover page provided; however, the client should include their own cover letter requesting review) within 15 days of receipt of said report for review CRC cannot be held liable for reports prepared but not submitted to DAHP in a timely manner. Additional fees may apply for additional services required as part of DAHP's review process for reports submitted after 15 days of receipt. Cultural Resource Consultants PO Box 10668, Bainbridge Island, WA 98110 206 855-9020 -- www.crcwa.com * No cultural resources study can wholly eliminate uncertainty regarding the potential for prehistoric sites, historic properties or traditional cultural properties to be associated with a project. The information we will present within our reports is based on our years of experience and professional opinions derived from the analysis and interpretation of the documents, records, literature, and information we are able to identify and use within our report, and during our field investigation and observations to be conducted in the process of preparing our technical report. The conclusions and recommendations we present will apply to the project conditions existing at the time of our study and those reasonably foreseeable. Project Deliverables CRC will provide the following project components as part of this cultural resources assessment. Task 1-Background Research CRC will conduct a search of site files recorded at Washington Department of Archaeology and Historic Preservation (DAHP); review of relevant correspondence between the project proponent, stakeholders and DAHP; and, review of pertinent environmental, archaeological, ethnographic and historical information appropriate to the project area. Task 2 -Tribal Contact CRC will contact the cultural resources staff of tribes that may have an interest in the project area. Task 3 -Field Identification CRC will provide a field investigation of the project location for identification of archaeological and historical resources and, if necessary, excavation of shovel test probes or other exploratory excavations in environments that might contain buried archaeological deposits. Field methods will be consistent with DAHP guidelines. Task 4 -Documentation of Findings CRC will document and record archaeological and historic sites within the project area, including preparation of Washington State archaeological and/or historic sites) forms. Documentation will be consistent with DAHP standards. Task 5 -Cultural Resources Assessment Report CRC will prepare a technical memo descng background research, field methods, results of investigations, and management recommendations. The report will provide supporting documentation of findings, including maps and photographs, and will conform to DAHP reporting standards. Report and support materials will be provided electronically and on a CD. Print copies will be provided upon request. Cultural Resource Consultants PO Box 10668, Bainbridge Island, WA 98110 206 855-9020 � www.crcwa.com Project Fee Please Note: The tizzze frazzze and fee for services gzrote is valid for 45 clays. The fee for services described above is anticipated to be less than $ 2,750.00 The cost for this pr ject is based i pon information ave have received to date. Payment for work completed is typically due upon receipt of invoice and/or report. Will you require any additional documentation prior to processing the invoice for work completed on this project? Subconsultant Agreement Certificate of Insurance W-9 Information Shannon &Wilson, Inc. Becki Kniveton 400 N 34th Street, Suite 100 Seattle, WA 98103 Name/Title: Date: Cultural Resource Consultants, Inc. Glenn Hartmann PO Box 10668 Bainbridge Island, WA 98110 Glenn D. Hartmann, President/Principal Investigator Date: Cultural Resource Consultants PO Box 10668, Bainbridge Island, WA 98110 206 855-9020 � www.crcwa.com Subconsuirant Fee Determination -Summary Sheet Project: County Road #8 Levee Wetland Delineation CRC #: 1404F - Shannon & Wilson Direct Labor Cost Classifications Labor Hours x Rate = Principal Investigator 3.0 $ 63.88 $ Project Archaeologist I 28.0 $ 34.70 $ Project Archaeologist II 0.0 $ 32.00 $ Project Archaeologist III 0.0 $ 30.00 $ Field Archaeologist 0.0 $ 21.00 $ Field Archaeologist 0.0 $ 18.00 $ Field Archaeologist 0.0 $ 16.00 $ Historic Architect 0.0 $ 50.00 $ Project Historian 0.0 $ 31.94 $ Office Manager 3.0 $ 31.94 $ Office Assistant 0.0 $ 16.00 $ Overhead (OH Cost - -including Salary Additives): OH Rate x DLC of: 95% %x$ $ Fixed Fee (FF): FF Rate x DLC of: Reimbursables: Photo &Graphic Supplies Lodging: Per Diem. Mileage. Grand Total: Cost 191.64 971.60 95.82 1,259.06 1,259.06 $ 1,196.11 1,259.06 $ 251.81 $ 15.00 $ 28.02 $ 43.02 $ 2,750.00 Prepared by: Teresa Peterson, Office Manager Date: 4-Apr-14 DOT Form 140-089 EF Exhibit G-1 SHANNON & WILSON, INC. COST ESTIMATE Proposal No,: 21-2-61857-001 Project: County Road # 8 Levee Client: City of Kent By: BSK 4/8/2014 Rate Quantity Subtotal Subtotal Task 1: Wetland Delineation Project Setup and Background Review SeniorBiologist $145.00 /hr 2 hrs $290 Biologist IV $105,00 /hr 2 hrs $210 Clerical $90.00 /hr 0.5 hr $45 Site Visit SeniorBiologist $145.00 /hr 16 hrs $2,320 Biologist IV $105.00 /hr 16 hrs $1,680 Site Visit (mileage) 72 /mile 0.55 mile $40 Report Preparation Biologist IV $105.00 /hr 28 hrs $2,940 SeniorBiologist $145.00 /hr 2 hrs $290 Vice President $235900 /hr 1 hr $235 Drafting $92.00 /hr 4 hrs $368 Clerical $90.00 /hr 1 hr $90 Copies, Mail, Computer $25.00 /ea 5 total $125 Meeting with City SeniorBiologist $145600 /hr 4 hrs $580 Meeting (mileage) 72 /mile 0.55 mile $40 Task 2: Project Biological Evaluation SeniorBiologist $145.00 /hr 40 hrs $5,800 Vice President $235.00 /hr 4 hrs $940 Drafting $92.00 /hr 20 hrs $1,840 Clerical $90.00 /hr 2 hrs $180 Copies, Mail, Computer $25.00 /ea 5 total $125 PHS Database Search 40 /search 1 search $40 $9,252 $8,925 Task 3: Cultural Resources Study CRC proposal $2,750 10 percent markup $275 Senior Biologist $145.00 /hr 2 hrs $290 Clerical $90.00 /hr 0.5 hr $45 $3,360 TOTAL ESTIMATE $21,537 21-2-6 i ss7-oo i-Lt-cost.xlsx 21-2-61857-001 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. The City shall be named as an Additional 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. 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 $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) 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. This page intentionally left blank. Agenda Item: Consent Calendar – 7C TO: City Council DATE: September 2, 2014 SUBJECT: Puget Sound Energy Construction Agreement for the James Street/Upper Russell Road Levee - Authorize SUMMARY: Council approved a construction contract for this project on July 15, 2014. The focus of the project is to construct a portion of the South Reach Levee adjacent to the James Street and Russell Road intersection. The intersection will be setback further away from the Green River and a concrete retaining wall will be constructed along the Public Works Operations facility to reduce impacts to the site. In order to perform the above described work, existing overhead Puget Sound Energy (PSE) lines will need to be relocated underground. As the construction work will occur in 2014 then again in 2015, PSE’s work will also be completed in phases. Kent’s cost share for PSE’s work in 2014 is estimated to be $47,800 which is included in this agreement. Kent’s shared cost for PSE’s work in 2015 will be provided separately. EXHIBITS: Puget Sound Energy Project Construction Agreement RECOMMENDED BY: Public Works Committee YEA: Ralph – Fincher - Higgins NAY: BUDGET IMPACTS: None as funding for this project will be reimbursed by the King County Flood Control District. MOTION: Authorize the Mayor to sign the Puget Sound Energy Project Construction Agreement to relocate existing utilities for the James Street/Russell Road Realignment Project, as approved by the City Attorney and Public Works Director, and to ratify and affirm any act consistent with the authority and prior to the effective date of this authorization. This page intentionally left blank. wmpse.coin Puget Sound Energy, Inc. 6905 South 228th Street Kent, WA 98032 ity of f + *o Cent, WA 9801 Schedule 74 Construction Agreement PSE Work Order #101088577 Dear Mr. Hcellock: Enclosed please f nd for your review two copies of the Project Construction Agreement and Exhibit A: Project Plan for the above referenced project. A fully executed Project Construction Agreement and Project Plan between the City of Kent (City) and Puget Sound Energy (PSE) are required by PSE's Rate Schedule 74 prior to PSE commencing construction activity. Provide a signature by the appropriate person at the City on the Construction Agreements Approve as to form1' the City's legal council on the ConstructionAgreements Provide a signature by the appropriate person at the City on the Project Plans Sin erely, Douglas L. orbin Municipal Liaison Manager Construction SCHEDULE 74 UNDERGROUND CONVERSION Project Construction Agreement Project Name: City of Kent —James St &Russell Rd Levee Improvements. Project Number: 101088577 THIS Agreement, dated as of this day of , 20 , is made by and between the City of Kent, a Municipal Corporation (the "Government Entity"), and PUGET SOUND ENERGY, Inc., a Washington Corporation (the "Company"). RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its electric distribution facilities within the jurisdictional boundaries of the Government Entity, B. The Government Entity has determined that it is necessary to replace the existing overhead electric distribution system within the area specified in the Project Plan (as defined below) (the "Conversion Area") with a comparable underground electric distribution system, all as more specifically described in the Project Plan (the "Conversion Project"). C. The Government Entity and the Company have previously entered into a Project Design Agreement dated as of August 24, 2012 (the "Design Agreement"), pursuant to which the parties completed certain engineering design, cost assessment, operating rights planning and other preliminary work relating to the Conversion Project and, in connection with that effort, developed the Project Plan. D. The Government Entity and the Company wish to execute this written contract in accordance with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the Conversion Project, which both parties intend shall qualify as an underground conversion under the terms of Schedule 74, AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Definitions. (a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement, including, without limitation, the following: i) Cost of Conversion; ii) Public Thoroughfare; iii) Temporary Service; iv) Trenching and Restoration; v) Underground Distribution System; and vi) Underground Service Lines. (b) "Company -Initiated Upgrade" shall mean any feature of the Underground Distribution System which is required by the Company and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less) Construction Agreement, Attachment "B" to Schedule 74, Page 1 City of Kent —James St &Russell Rd Levee Improvements of such diameter and number as may be specified and agreed upon in the Project Plan necessary to replicate the load -carrying capacity (system amperage class) of the overhead system being replaced. (c) "Estimated Reimbursable Private Conversion Costs" shall mean the Company's good faith estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (e) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (f) "Estimated Shared Company Costs" shall mean the Company's good faith estimate of the Shared Company Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (g) "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (h) "Government -Requested Upgrade" shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, any empty ducts installed at the request of the Government Entity shall be a Government -Requested Upgrade. (i) "Party" shall mean either the Company, the Government Entity, or both. Q) "Private Property Conversion" shall mean that portion, if any, of the Conversion Project for which the existing overhead electric distribution system is located, as of the date determined in accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not derived from a franchise previously granted by the Government Entity or pursuant to rights not otherwise previously granted by the Government Entity. (k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement and attached hereto as Exhibit A, as the same may be changed and amended from time to time in accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed description of the Work that is required to be performed by each Party and any third party, (ii) the applicable requirements and specifications for the Work, (iii) a description of the Operating Rights that are required to be obtained by each Party for the Conversion Project (and the requirements and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule. (I) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation, repair, and maintenance of the Underground Distribution System. (m) "Reimbursable Private Conversion Costs" shall mean (i) all Costs of Conversion, if any, incurred by the Company which are attributable to a Private Property Conversion, less (ii) the distribution pole replacement costs (if any) that would be avoided by the Company on account of such Private Property Conversion, as determined consistent with the applicable Company distribution facilities Construction Agreement, Attachment "B" to Schedule 74, Page 2 City of Kent —James St &Russell Rd Levee Improvements replacement program, plus (iii) just compensation as provided by law for the Company's interests in real property on which such existing overhead distribution system was located prior to conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated Reimbursable Private Conversion Costs without the prior written authorization of the Government Entity. (n) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide Temporary Service (less salvage value of removed equipment); provided that the Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs without the prior written authorization of the Government Entity. (o) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company which are attributable to any Government -Requested Upgrade; provided that the Reimbursable Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior written authorization of the Government Entity. (p) "Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs) incurred by the Company in connection with the Conversion Project; provided, however, that the Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company Costs" shall, as and to the extent specified in the Design Agreement, include the actual, reasonable costs to the Company for the "Design Work" performed by the Company under the Design Agreement. (q) "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government Entity in connection with (i) any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity as part of the Government Work, and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement, specified in the Project Plan are to be obtained by the Government Entity for the Conversion Project, but only to the extent attributable to that portion of such Operating Rights which is necessary to accommodate the facilities of the Company; provided, however, that the Shared Government Costs shall not exceed the Estimated Shared Government Costs without the prior written authorization of the Company. (r) "Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated with any joint use of trenches by other utilities as permitted under Section 3(b). (s) "Work" shall mean all work to be performed in connection with the Conversion Project, as more specifically described in the Project Plan, including, without limitation, the Company Work (as defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below). (t) "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the milestones for completing the Work, as the same may be changed and amended from time to time in accordance with Section 6, below. 2. Obligations of the Company. (a) Subject to the terms and conditions of this Agreement, the Company shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Company Construction Agreement, Attachment "B" to Schedule 74, Page 3 City of Kent —James St &Russell Rd Levee Improvements i) furnish and install an Underground Distribution System within the Conversion Area (excluding any duct and vault installation or other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity); provide a Company inspector on -site at the times specified in the Work Schedule to inspect the performance of any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity; and upon connection of those persons or entities to be served by the Underground Distribution System and removal of facilities of any other utilities that are connected to the poles of the overhead system, remove the existing overhead system (including associated wires and Company -owned poles) of 15,000 volts or less within the Conversion Area except for Temporary Services. (b) Upon request of the Government Entity, the Company shall provide periodic reports of the progress of the Company Work identifying (i) the Company Work completed to date, (ii) the Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Company Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule. (c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate and maintain all electrical facilities installed pursuant to this Agreement including, but not limited to, the Underground Distribution System and Underground Service Lines. (d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company Work in accordance with the Project Plan, the Work Schedule and this Agreement. 3. Obligations of the Government Entity. (a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Government Work"): i) provide the Trenching and Restoration; ii) perform the surveying for alignment and grades for ducts and vaults; and perform any duct and vault installation and other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity. (b) Other utilities may be permitted by the Government Entity to use the trenches provided by the Government Entity for the installation of their facilities so long as such facilities or the installation thereof do not interfere (as determined pursuant to the Company's electrical standards) with the Underground Distribution System or the installation or maintenance thereof. Any such use of the trenches by other utilities shall be done subject to and in accordance with the joint trench design specifications and installation drawings set forth or otherwise identified in the Project Plan, and the Government Entity shall be responsible for the coordination of the design and installation of the facilities of the other utilities to ensure compliance with such specifications and drawings. (c) Upon request of the Company, the Government Entity shall provide periodic reports of the progress of the Government Work identifying (i) the Government Work completed to date; (ii) the Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Government Costs and the Work Schedule. (d) The Government Entity shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. Construction Agreement, Attachment "B" to Schedule 74, Page 4 City of Kent —James St &Russell Rd Levee Improvements (e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all Government Work in accordance with the Project Plan, the Work Schedule and this Agreement. 4. Work Schedule. (a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in the Project Plan. Changes to the Work Schedule shall be made only in accordance with Section 6, below. (b) Promptly following the execution of this Agreement, and upon completion by the Government Entity of any necessary preliminary work, the Government Entity shall hold a pre -construction meeting involving all participants in the Conversion Project to review project design, coordination requirements, work sequencing and related pre -mobilization requirements. Following the pre - construction meeting, the Government Entity shall give the Company written notice to proceed with the Work at least ten (10) business days prior to the commencement date specified in the Work Schedule. (c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work assigned to it under this Agreement in accordance with the Work Schedule. So long as the Company performs the Company Work in accordance with the Work Schedule, the Company shall not be liable to the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives) for any claims, actions, damages, or liability asserted or arising out of delays in the Work Schedule, 5. Location of Facilities. All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74, as specified by the Parties in the Project Plan. 6. Changes. (a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the Work within the general scope of this Agreement (a "Request for Change"), including, but not limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in the Work. No Request for Change shall be effective and binding upon the Parties unless signed by an authorized representative of each Party. (b) If any change included in an approved Request for Change would cause a change in the cost of, or the time required for, the performance of any part of the Work, an equitable adjustment shall be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further equitably adjusted from time to time to reflect any change in the costs or time required to perform the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11, below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost, Construction Agreement, Attachment "B" to Schedule 74, Page 5 City of Kent —James St &Russell Rd Levee Improvements schedule or other aspect of the Work and was not known by or disclosed to the affected Party prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in accordance with any approved Request for Change. Any request to proceed hereunder must be accompanied by a written statement setting forth the requesting Party's reasons for rejecting the proposed equitable adjustment of the other Party. 7. Compensation and Payment. (a) Subject to and in accordance with the terms and conditions of this Agreement (including, without limitation, the payment procedures set forth in this Section 7), payment in connection with the Conversion Project and this Agreement shall be as follows: i) The Total Shared Costs shall be allocated to the Parties in the following percentages: (A) sixty percent (60%) to the Company, and (B) forty percent (40%) to the Government Entity. The Government Entity shall pay one hundred percent (100%) of all Reimbursable Private Conversion Costs, if any. iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Upgrade Costs, if any. iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Temporary Service Costs, if any. v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs to perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (i.e., Trenching and Restoration and surveying). vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design, provide and construct any Company -Initiated Upgrade. vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain Operating Rights outside the Public Thoroughfare. (b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall determine the net amount payable by the Government Entity or the Company, as applicable, to the other Party under this Agreement (the "Net Amount"). The Net Amount shall be determined by using the amount of the Total Shared Costs allocated to the Government Entity under Section 7(a)(i), and adjusting such amount as follows: i) Subtracting (as a credit to the Government Entity) the amount of the Shared Government Costs. Adding (as a credit to the Company) the amount of all Reimbursable Private Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary Service Costs. Subtracting (as a credit to the Government Entity) any payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement. The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive number, and (B) shall be an amount payable to the Government Entity if it is a negative number. Construction Agreement, Attachment "B" to Schedule 74, Page 6 City of Kent —James St &Russell Rd Levee Improvements (c) Within sixty (6u) business days of completion of the Conversion Project, the Government Entity shall provide the Company with an itemization of the Shared Government Costs (the "Government Itemization"), together with such documentation and information as the Company may reasonably request to verify the Government Itemization, The Government Itemization shall, at a minimum, break down the Shared Government Costs by the following categories, as applicable: (i) property and related costs incurred and/or paid by the Government Entity, including any costs of obtaining Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Government Entity. (d) Within thirty (30) business days after the Company's receipt of the Government Itemization and requested documentation and information, the Company shall provide the Government Entity a written statement (the "Company Statement") showing (i) an itemization of the Shared Company Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's itemization of the Shared Company Costs and the Government Entity's itemization of the Shared Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary Service Costs, (vi) any credits to the Government Entity for payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement, and (vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such documentation and information as the Government Entity may reasonably request to verify the Company Statement. The itemization of the Shared Company Costs included in the Company Statement shall, at a minimum, break down the Shared Company Costs by the following categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Company. (e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement and requested documentation and information, the Net Amount shall be paid by the owing Party to the other Party, as specified in the Company Statement, 8. Indemnification. (a) The Government Entity releases and shall defend, indemnify and hold the Company harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. During the performance of such activities the Government Entity's employees or contractors shall at all times remain employees or contractors, respectively, of the Government Entity. (b) The Company releases and shall defend, indemnify and hold the Government Entity harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Company in its performance under this Agreement. During the performance of such activities the Company's employees or contractors shall at all times remain employees or contractors, respectively, of the Company. (c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 8 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. Construction Agreement, Attachment "B" to Schedule 74, Page 7 City of Kent —James St &Russell Rd Levee Improvements 9. Conversion of Service to Customers within Conversion Area. (a) Upon commencement of the Work, the Government Entity shall notify all persons and entities within the Conversion Area that service lines to such customers must be converted from overhead to underground service within the applicable statutory period following written notice from the Government Entity that service from underground facilities are available in accordance with RCW 35,96.050. Upon the request of any customer, other than a single family residential customer, within the Conversion Area, the Company shall remove the overhead system and connect such persons' and entities' Underground Service Lines to the Underground Distribution System. (b) The Parties acknowledge that single family residences within the Conversion Area must (i) provide a service trench and conduit, in accordance with the Company's specifications, from the underground meter base to the point of service provided during the conversion, and (ii) pay for the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The Government Entity shall exercise its authority to order disconnection and removal of overhead facilities with respect to owners failing to convert service lines from overhead to underground within the timelines provided in RCW 35.96.050. 10. Dispute Resolution. (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the other Party in writing as to the nature of the dispute. Each Party shall appoint a representative who shall be responsible for representing the Party's interests. The representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business days of the date the disagreement was first raised by written notice shall be referred by the Parties' representatives in writing to the senior management of the Parties for resolution. In the event the senior management are unable to resolve the dispute within twenty (20) business days (or such other period as the Parties may agree upon), each Party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable adjustment under Section 6, above, or the compensation payable by or to either Party under Section 7, above, and which is not resolved by senior management within the time permitted under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable, having jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms and other common costs shall be divided equally among the Parties. Each Party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses (including, but not limited to, reasonable attorneys' fees) by the other Party. (d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their respective obligations under this Agreement during the pendency of any dispute. Construction Agreement, Attachment "B" to Schedule 74, Page 8 City of Kent —James St &Russell Rd Levee Improvements 11. Uncontrollable Forces. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party's performance shall be excused during the Force Majeure Event, Force Majeure Events shall include, without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event, 12. Insurance. (a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) comprehensive general liability insurances, with a minimum coverage of $2,000,000 per occurrence and $2,000,000 aggregate for personal injury; and $2,000,000 per occurrence/ aggregate for property damages, and professional liability insurance in the amount of $2,000,000. (b) The Government Entity shall ensure that each of its contractors performing any Government Work secures and maintains in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) insurance policies having the same coverage, amounts and limits as specified Section 12(a), above. (c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self - insure against such risks in such amounts as are consistent with good utility practice. Upon the Government Entity's request, the Company shall provide the Government Entity with reasonable written evidence that the Company is maintaining such self-insurance. 13. Other. (a) Agreement Subject To Tariff. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities and Transportation Commission and in effect as of the date of this Agreement. (b) Termination. The Government Entity reserves the right to terminate the Conversion Project and this Agreement upon written notice to the Company. In the event that the Government Entity terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the Company for all costs reasonably incurred by the Company in connection with the Work performed prior to the effective date of termination. In such event, the costs reimbursable to the Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's invoice therefor. Sections 1, 5, 7, 81 91 101 11 and 13 shall survive any termination of the Conversion Project and/or this Agreement. (c) Facilities Greater Than 15.000 Volts. Nothing in this Agreement shall in any way affect the rights or obligations of the Company under any previous agreements pertaining to the existing or future facilities of greater than 15,000 Volts within the Conversion Areal Construction Agreement, Attachment "B" to Schedule 74, Page 9 City of Kent— James St &Russell Rd Levee Improvements (d) Compliance With Law, The Parties shall, in performing the Work under this Agreement, comply with all applicable federal, state, and local laws, ordinances, and regulations. (e) No Discrimination. The Company, with regard to the Work performed by the Company under this Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. (f) Independent Contractor. The Company and the Government Entity agree that the Company is an independent contractor with respect to the Work and this Agreement. The Company is acting to preserve and protect its facilities and is not acting for the Government Entity in performing the Work. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. Neither the Company nor any employee of the Company shall be entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this Agreement. The Government Entity shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Company, or any employee of the Company. (g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any other right under this Agreement, and no course of dealing or performance with respect thereto, shall, except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or relinquishment of any right under any provision of this Agreement or any right at law or equity not otherwise provided for herein. The express waiver by either Party of any right or remedy under this Agreement or at law or equity in a particular instance or circumstance shall not constitute a waiver thereof in any other instance or circumstance. (h) No Third Party Beneficiaries. There are no third -party beneficiaries of this Agreement. Nothing contained in this Agreement is intended to confer any right or interest on anyone other than the Parties, their respective successors, assigns and legal representatives. (i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other requirementsI now or hereafter in effect, of all governmental regulatory authorities and courts having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules, regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory authorities and courts that are required to be incorporated into agreements of this character are by this reference incorporated in this Agreement. (j) No Partnership, This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligations or liability upon either Party. Further, neither Party shall have any right, power or authority to enter into any agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to otherwise bind the other Party. (k) Severability. In the event that any provision of this Agreement or the application of any such provision shall be held invalid as to either Party or any circumstance by any court having jurisdiction, such provision shall remain in force and effect to the maximum extent provided by law, and all other provisions of this Agreement and their application shall not be affected thereby but shall remain in force and effect unless a court or arbitrator holds they are not severable from the invalid provisions. Construction Agreement, Attachment "B" to Schedule 74, Page 10 City of Kent —James St &Russell Rd Levee Improvements (1) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or hand delivery), delivered in person, or mailed, properly addressed and stamped with the required postage, to the intended recipient as follows: If to the Government Entity: If to the Company: City of Kent 220 Fourth Ave. South Kent, WA 98032-5895 Attn: Toby H(kIlock Fax: 253-856-6500 Puget Sound Energy, Inc. 6905 South 228th Street Kent, WA 98032 Attn: Doug Corbin Fax: 253-395-6882 Any Party may change its address specified in this Section 13(I) by giving the other Party notice of such change in accordance with this Section 13(I). (m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws), except to the extent such laws may be preempted by the laws of the United States of America. (n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and all other agreements and understandings of the Parties, whether written or oral, with respect to the subject matter of this Agreement are hereby superseded in their entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein is intended to or shall alter, amend or supersede the Design Agreement and the same shall remain in full force and effect in accordance with its terms. (o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, purchasers, and transferees of the Parties, including but not limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or transferred in any corporate reorganization, change of organization, or purchase or transfer of assets by or to another corporation, partnership, association, or other business organization or division thereof. Government Entity: City of Kent m Date Signed Approved as to form: Company: GETSOU ENERGY, INC. ITS Municipal Liaison Manager Date Signed Construction Agreement, Attachment "B" to Schedule 74, Page 11 City of Kent —James St &Russell Rd Levee Improvements Underground Conversion 1 PSE Pro 0 ectNumbere 101088577 Pursuant to Puget Sound Energy ("PSE") Rate Schedule 74 and as described in this Project Plan, PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an equivalent Underground Distribution System. This Project Plan describes the scope of construction work (the "Construction Work") to be performed by PSE and the City of Kent (the "City") for the conversion of certain PSE electrical distribution system facilities as described herein (the "Conversion Project"). Construction of this Conversion Project is contingent upon and shall commence only after both written acceptance of this Project Plan and written execution of a Schedule 74 Construction Agreement by the City and PSE. This Project Pian includes and consists o£ ® Description of the Construction Work to be performed ® Construction Drawings, Standards, Specifications and Requirements for the Construction Work (attached) ® Operating Rights to be obtained for the Conversion Project (attached) ® Construction Work Schedule ® Construction Costs Estimate Summary (attached) Revisions to this Project Plan must be mutually approved by the City and PSE. This Conversion Project will replace PSE's existing overhead electrical distribution system with an Underground Distribution System within the following area (the "Conversion Area"): At and adjacent to the intersection of James Street and Russell Road. The Conversion Project is approximately 595'+- feet in length, including laterals and road crossings. The Conversion Project includes modification or replacement of all existing services lines within the Conversion Area to connect to the Underground Distribution System and removal of PSE's existing overhead electric distribution facilities (including PSE distribution poles and pole mounted street lights) from the Conversion Area. The City has requested that the work be divided into two phases. City of Kent James and Russell Underground Conversion Page 1 101088577 Phase One, to be constructed in 2014, will remove the existing overhead conductors on James St east of Russell Rd, install associated underground facilities and temporarily install taller poles on Russell Rd. Phase Two, to be constructed in 2015, will complete the underground installation and remove the overhead facilities on Russell Rd. Construction pricing for Phase One is included at this time with the Construction Agreement for the project. Construction pricing for Phase Two will be provided prior to Phase Two construction. There are no Company Initiated Upgrades in the Conversion Project Scope of Work. City requested upgrades included in this project consist of: The City has requested PSE to install taller temporary poles along Russell Road. Taller poles will allow PSE to move the existing over head conductors up to gain room for construction equipment and the 8 foot fill. In 2015 the temp poles will be removed and be replaced by the underground conversion. Any 'temp' facilities" will be 100% City cost. In conjunction with this Conversion Project, PSE will remove its existing street lighting system from the Conversion Area. Provision of a replacement street lighting system within the Conversion Area is not included in this Project Plan. Replacement street lighting service can be provided by separate arrangement in accordance with applicable PSE Tariff Schedules. City Responsibilities a) At least ten (10) business days prior to the scheduled commencement of Construction Work, hold a pre -construction meeting involving all participants in the Conversion Project to review project design, coordination requirements, work sequencing and related premobilization requirements. b) At least ten (10) business days prior to the scheduled commencement of Construction Work, give PSE written notice to proceed with the Construction Work to allow for delivery of PSE materials to the job site and scheduling of PSE's on -site Inspector. c) Provide written notice to customers within the Conversion Area in advance of Conversion Project Construction Work start. The notice will include contact information for both the City and PSE, the expected Conversion Project schedule, anticipation of service interruptions and work required to be performed by customers. d) Coordinate other utility conversion, removal and relocation from PSE's poles. e) Provide all surveying for equipment placement, locations, and establish all grade elevations for the Underground Distribution System within the Conversion Area. f) Provide all necessary excavation, bedding, backfill, off -site disposal, site restoration and coordination for installation of the Underground Distribution System. This includes trenching, backfill, and restoration for cut -over and transfer of existing underground system City of Kent James and Russeil Underground Conversion Page 2 101088577 and service lines from the existing overhead distribution system to the new Underground Distribution System. g) Coordinate private property trenching, excavation and restoration activity with private property owners affected by this Conversion Project. h) Provide flagging and traffic control as required for all work performed by the City. i} Install and proof all ducts and vaults for the Underground Distribution System (excluding work in ducts or vaults containing energized cables or equipment — see PSE Responsibilities) in accordance with PSE standards and specifications using ducts and vaults provided by PSE. "Proofing" as used herein is defined as verification using a mandrel that the duct and vault system is free and clear of damage, installed to the proper grade and at the proper location and contains a pulling line. j) Provide at least five (5) business days' notice for scheduled delivery of PSE vaults by PSE's vault supplier. k) Provide secure staging and storage areas) for duct and vault materials provided by PSE. The City shall be responsible for the security and condition of these materials until they are installed and accepted by PSE or returned to PSE's custody. 1) Provide labor and equipment for the off-loading of PSE duct and vault materials delivered to the job site. m) Promptly following notice from PSE that the Underground Distribution System has been energized, provide notice to customers within the Conversion Area informing them of their obligation and responsibility to convert their overhead service lines to underground service lines as provided by state law or to modify existing underground service lines for connection to the Underground Distribution System. Affected service lines are listed in the Service Lines section of this Project Plan. n) Facilitate weekly (or as otherwise agreed by the City and PSE) construction coordination meetings to include all relevant parties participating in the conversion including PSE and it's contractor(s), the City and it's contractor(s), and other utilities. o) Provide any necessary operating rights for the installation of PSE's facilities in accordance with PSE's Schedule 74 Section 3 and as mutually agreed by the PSE and the City. Operating rights are further addressed in the Operating Rights section of this Project Plan. p) Modify, reroute or replace service lines to City owned facilities to connect to the Underground Distribution System. q) Following notification from PSE that Construction Work is complete, provide to PSE any Shared Government Costs as provided for in the Construction Agreement. Puget Sound Enemy Responsibilities a) Following notice from the City, deliver or cause to be delivered all duct and vault materials to the designated staging/storage area(s). Acknowledge delivered quantities and condition of duct and vault materials by signing shipping manifests. City of Kent James and Russell Underground Conversion Page 3 101088577 b) Following notice from the City, provide inspection services needed for overseeing the proper installation of ducts and vaults by the City. c) Accept delivery of the completed duct and vault system once the new system has been proofed (as described above) by the City. PSE will provide a mandrel to the City to be used in proofing of the duct and vault system. d) Provide PSE electrical workers to complete duct installation and proofing when such work is performed at or in any energized vault containing energized cables or equipment. e) Install (except for ducts and vaults installed by the City) and energize the Underground Distribution System. Provide written notice to the City when the Underground Distribution System is energized. f) Perform cut -over and transfer of existing Underground Distribution System and existing underground service lines from the overhead distribution system to the new Underground Distribution System where applicable (see City Responsibility item "f' concerning trenching responsibility). PSE will notify the City for excavation and the affected customers at least two (2) business days prior to installation, transfer, and connection of underground service lines. Affected service lines are listed in the Service Lines section of this Project Plan. g) Install and connect replacement underground service lines to single family residences and connect modified and replacement non-residential underground service lines provided by customers within the Conversion Area pursuant to PSE Tariff Schedule 85. Affected service lines are listed in the Service Lines section of this Project Plan. h) Remove the existing overhead electric distribution system including, conductors, equipment, down guys, anchors and poles after all service lines to customers within the Conversion Area are connected to the Underground Distribution System and all other utilities have been removed from PSE's poles. Holes left following removal of poles will be filled with crushed rock and compacted in accordance with applicable City standards or specifications. i) Provide flagging and traffic control as required for all work performed by PSE (except as may otherwise be reasonably provided by the City during installation of ducts and vaults in conjunction with City performed trenching, excavation, back -fill and restoration). j) Attend weekly (or as otherwise agreed by the City and PSE) construction coordination meetings facilitated by the City and its contractor during periods of Conversion Project construction. The Underground Distribution System will be located within Public Thoroughfare. The Construction Work will not be released by PSE for construction until i) all operating rights necessary for the installation of PSE's facilities have been obtained and have been verified by PSE, or ii) the City otherwise signs an agreement releasing PSE from any and all financial obligations associated with the location or relocation of PSE facilities resulting from commencement of construction prior to acquisition of all identified necessary operating rights. City of Kent James and Russell Underground Conversion Page 4 101088577 The Construction Work will be performed in accordance with the following Work Schedule, unless this schedule is revised by mutual agreement of the City and PSE or circumstances beyond the reasonable control of the City and/or PSE preclude such performance. Installation of ducts and vaults: Phase One (J03, VOl) and corresponding conduit will be a 2014 construction and is anticipated to take two days. Phase Two will be constructed in 2015. Installation and ener�ization of the �iTnder�round Distribution System: Phase One will be energized in 2014 and is anticipated to take approximately seven days. Phase Two to be constructed and energized in 2015 Removal of overhead facilities: Phase One from POS (Grid Number 314437-164596) to P07 (Grid Number 3144364 64632) will be removed in 2014 and is anticipated to take approximately one day. Phase Two including all relocated temp poles and wire will be removed in 2015. Installation and removal of Temporary Service: No temp services requested at this time. Work Schedule Restrictions: No work restriction anticipated at this time. Construction Cost Estimate City of Kent James and Russell Underground Conversion Page 5 101088577 The estimated costs to perform the Construction Work and the allocation of costs between the parties are presented in the attached Construction Costs Estimate Summary. These estimated costs are valid for ninety (90) days from the date shown on the attached Construction Costs Estimate Summary. If this Project Plan and a Schedule 74 Construction Agreement are not fully executed within ninety (90) days from this date, the estimated costs shall be subject to revision. The scope of work provided for in the previously executed Design Agreement has been completed with written acceptance of this Project Plan by the City and PSE. The Construction Cost Estimate reflects and provides for Construction Work costs commencing with PSE attendance at the required pre -construction meeting and receipt of the City's written notice to proceed with Construction Work. Work performed and/or costs incurred by PSE in response to City request following acceptance of the Project Plan and prior to the pre -construction meeting are not included in the Construction Cost Estimate, and shall be subject to addition to the Construction Cost Estimate by revision as described below. Estimated Inspection and Service Provider Outside Services costs are based on Plrase One being constructed in 2014 and subject to 2014 contract rates. Estimated Inspection and Service Provider Outside Services costs are based on Phase Tivo being constructed in 2015 and subject to 2015 contract rates. Costs for Construction Work performed by PSE in Phase One or Phase Two outside of the projected corresponding construction yeas shall be subject to revision to reflect PSE Service Provider contract rates ivhich become effective after this date. Changes in Construction Work scope, performance and/or schedule can result in actual Construction Costs that differ from estimated costs shown in the Construction Cost Estimate Summary. In the event performance of the Construction Work cannot or does not proceed substantially as provided in this Project Plan, such changes shall promptly be brought to the attention of PSE and the City when anticipated or known and shall be documented in a revision to the Construction Cost Estimate (a "Cost Estimate Revision") mutually agreed and executed by the City and PSE. The project design, construction plans and cost estimates are based on and reflect the following assumptions. Construction conditions that are not consistent with these assumptions may result In 1 in a request for change or an equitable adjustment to project compensation under Section 6 of the Construction Agreement and addressed by a Cost Estimate Revision. 1. The Construction Work will be performed in accordance with the Construction Drawings and Construction Worlc Schedule. City of Kent James and Russell Underground Conversion Page 6 101088577 2. PSE's Project Manager will acceptor reject (with written justification) the duct and vault installation work performed by the City within five (5) business days notice of completion from the City. In the event PSE rejects any of the ducts or vaults (with reasonable written justification), the City will perform the necessary remedial work. The City will then re - notify PSE and PSE shall have five (5) business days to accept or reject the remedial work. 3. All PSE cables can be pulled through the ducts and vaults system, including existing ducts and vaults if applicable, to be used for the Conversion Project utilizing normal cable pulling equipment and methods. 4. A City Street Use permit is the only permit necessary for PSE to perform its work for this Conversion Project and will be issued within two (2) weeks of PSE submitting a complete permit application (including any supporting documentation reasonably required by the City). There will be no charge for the permit or inspection fees. 5. The estimated daily productivity rate for PSE duct and vault installation is based on the City's contractor opening a minimum of 60 feet of trench per working day. The daily productivity rate is used to estimate the number of days a PSE Inspector will be required during installation of ducts & vaults. The Inspector will be scheduled in full day increments and in one continuous effort. Changes to a continuous schedule require a minimum of five days advance notice and must be mutually agreed between the City and PSE. 6. Attendance by the PSE Project Manager at scheduled weekly construction coordination meetings is included and reflected in the Construction Cost Estimate during periods when the PSE ducts and vaults are actively being installed and when the PSE line crew is performing installation, energization, cut -over and removal work. Attendance at additional meetings that may be requested/required during other periods will be addressed by a Cost Estimate Revision. 7. Traffic control provided by PSE assumes the use of two flaggers, basic signage and simple channelization. Additional traffic control measures are not included and if requested/required will be addressed by a Cost Estimate Revision, 8. Work to be performed by PSE does not include installation and/or removal of Temporary Service facilities at the request of others during construction. 9. Cut -over and transfer work will be completed during regular working hours as described in Schedule Assumption #3 below. Changes in the performance of this work will be addressed by a Cost Estimate Revision. 10. New guy anchors shall be installed prior to installation of new ducts in the same area. 11. When Fluidized Thermal Backfill (FTB) is used, associated cost will be allocated 100% to PSE when required for a Company Initiated Upgrade and otherwise 100% to the City. 12. Installation of protective bollards maybe necessary at some locations and may not be included in the project design. In the event unplanned bollards are required, associated costs will be a Shared Cost and addressed by a Cost Estimate Revision. Schedule 1. There will be a total of two (2) PSE crew mobilizations for each of Phase One and Phase Two as follows: i) one mobilization of an underground line crew for installation of City of Kent James and Russell Underground Conversion Page 7 101088577 underground conductors and equipment; and ii) one mobilization of an overhead line crew for removal of the existing overhead facilities. Once mobilized PSE crews will have continuous productive work until all PSE Construction Work is complete. 2. All PSE Construction Work will be performed during regular working hours from 7:00 am to 3:30 pm Monday through Friday excluding holidays. In the event that lane closures are necessary for performance of work, PSE shall be limited to working between the hours of Monday through Friday. PSE and the City will mutually agree to weekly work schedules for the Construction Work. PSE shall be allowed to perform PSE work as scheduled without changes or interruptions caused by other construction activities. 3. PSE customers within the Conversion Area will experience interruption of electric service during performance of the Construction Work when cutting over and transferring system and customer loads from the overhead distribution system to the Underground Distribution System. Cut -over and transfer work will be performed during the regular working hours specified in Schedule Assumption #2 above except as otherwise provided below. PSE will notify customers at least two (2) business days in advance of scheduled service interruptions. This project will have one underground "Service Cut -Over" at 5821 West James. Service Lines Service lines within the Conversion Area must be modified or replaced to provide underground service from the Underground Distribution System as listed below. This project will have one underground "Service Conversion" at 24058 Russell Road. Performance of the work and associated costs shall be governed by PSE Tariff Schedule 85. New Service Connection of new or increased load for City facilities (such as new traffic signals) under terms of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch. Additional costs may apply and will be quoted separately. This Conversion Project has been designed and will be constructed in accordance with PSE design and construction standards in effect as of the date of this Project Plan. PSE standards applicable to Construction Work to be performed by the City have been provided to the City in PSE's "Electric Distribution Trench/DuctNault Construction Standards, 2013". All relevant PSE standard described above are attached to this Project Plan by this reference. City of Kent James and Russell Underground Conversion Page 8 101088577 Temporary Support (Holding) of PSE Poles Whenever any pole(s) are required to be temporarily supported (held) due to excavation in proximity to such poles, the City will coordinate with PSE to provide such support. The need to temporarily support such poles shall be determined by PSE, and if required, such support shall be provided by PSE. As used herein, "temporary support" means supporting one or more poles for a continuous working period of ten hours or less. 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W �� Y �, _ �' � � F U {'— � f- Q J� - F m '� � W rc � Zm "� O m ? ; � X �� W �` �¢� ��4 w e z g O o Q a a :. �, . p gg -� o bbs J N mQ O a sg a � ��, 4� � � ��o b }�� �� m _ ® ¢ Sp � �B f 1 =w sa qq. SS s �� a� :8 5S 8a �$ 4 W H n�n En I `e I �- 39 _ =al �¢ o o�u 9� a�-' �# e 3 .. k�__ E[ \ jf �j 5 -^• �p 3 ��� C� ai: g e; I A° I i i _ �I _ � i �„ �__ - _ i �a 0 0 _ ® _ ® m 0 0 �-- --� � I I a a z � w w 5 a w N K� F� � w po O� U� J F W w 2 N W 0 a a� U�+ a° ��_ J � U a _ � _ � oz - Y o«awa ua=:�a pro .:wor �eseaom� \poop ubrsap\6[ 'V+s pony Oassna puo ::wer «saepm�\mare aw�p—i\oorp\ao��.:p�.:p„s:w:��\�� s_ u — si os 20 r Agenda Item: Consent Calendar – 7D TO: City Council DATE: September 2, 2014 SUBJECT: Briscoe/Desimone Condemnation Ordinance – Adopt SUMMARY: The City of Kent has an interlocal agreement with the King County Flood Control Zone District (“District”) and the City of Tukwila for reconstruction of the Briscoe-Desimone levee improvement project. The District and the City desire to construct the project as soon as possible because the Desimone levee was damaged this past March. The Desimone levee project requires acquisition of property rights from three properties; one owned by, Cascade Tukwila LLC and two owned by River Point Two LLC. Property negotiations are underway and the City will continue working toward an agreement with the owners. Authorization to condemn is sought to be prepared if the time comes that negotiations stall. While the City always tries to avoid as much as possible utilizing the condemnation process, this ordinance will provide the City the mechanism to proceed, if necessary, to condemnation on these properties should negotiations stall. EXHIBITS: Notice of Condemnation and Condemnation Ordinance, including Exhibits RECOMMENDED BY: Public Works Committee YEA: Fincher – Ralph - Higgins NAY: BUDGET IMPACTS: There will be no budget impact. The costs for property acquisition are to be paid for by the King County Flood District through an amended Briscoe-Desimone Interlocal Agreement. MOTION: Adopt Ordinance No.___ providing for the acquisition of certain property rights along the Green River to complete levee improvements for the Briscoe-Desimone Levee. This page intentionally left blank. W ASHINGTON STATE OF WASHINGTON ) COUNTY OF KING ) I, Ronald F. Moore, the undersigned, as City Clerk in of Kent, Washington, do hereby certify that the attached is copy of a Certificate of Mailing of a Notice of Planned Final copy of the notice attached. CITY CLERK Ronald F. Moore, MMC City Clerk 220 4th Avenue South Kent, WA 98032 Fax:253-856-6725 PHONE: 253-856-5725 and for the City a true and correct Action, with a IN WITNESS WHEREOF, I have hereunto fixed my hand and affixed the seal of the City this 14th day of August, 2014. 0 d Y 3 3 S MAYOR SUZETTE COOKE MMC ty Clerk City of Kent Administration Tom Brubaker, Interim CAO W ASHINGTON NOTICE OF PLANNED FINAL ACTION City of Kent Eminent Domain Proceedings (RCW 8.25.290) CITY CLERK Ronald F. Moore, MMC City Clerk 220 Ith Avenue South Kent, WA 98032 Fax:253-856-6725 PHONE: 253-856-5725 1) Subject Property: PO Box 20399 Seattle, WA 98102 King County Tax Parcel No. 7888900170 Record Property Owner shown on County Tax Roll: Riverpoint Two LLC ON1830 2) Subject Property: PO Box 20399 Seattle, WA 98102 King County Tax Parcel No. 7888900175 Record Property Owner shown on County Tax Roll: Riverpoint Two LLC ON1830 3) Subject Property: 7900 SE 28t" Street, #200 Mercer Island, WA 98040 King County Tax Parcel No. 7888900150 Record Property Owner shown on County Tax Roll: Cascade Tukwila LLC 70A010 NOTICE IS HEREBY GIVEN that the City Council of the City of Kent, condemnor, will consider taking final action by approval and passage of a condemnation ordinance that will authorize the City Attorney to commence eminent domain (condemnation) proceedings against the above -described subject properties. The date, time, and location fixed for Council consideration of this proposed condemnation ordinance is Tuesday, September 2, 2014, at 7:00 p.m. in the Kent City Council Chambers, located at 220 Fourth Avenue South, Kent, Washington, 98032. 0 Q Ronald F. Y 3 3 0 MAYOR SUZETTE COOKE MME, City Clerk City of Kent Administration Tom Brubaker, Interim CAO KEN T W A S H I N G T O N August 14, 2014 Riverpoint Two LLC ON1830 Property Owner of Record for Parcel Number 7888900170 PO Box 20399 Seattle, WA 98102 Riverpoint Two LLC ON1830 Property Owner of Record for Parcel Number 7888900175 PO Box 20399 Seattle, WA 98102 Cascade Tukwila LLC 70A010 Property Owner of Record for Parcel Number 7888900150 7900 SE 28TH ST #200 Mercer Island, WA 98040 Subject: Notice of Planned Final Action Dear Property Owner of Record: PUBLIC WORKS DESIGN ENGINEERING Timothy J. LaPorte, P.E. Public Works Director 400 West Gowe Kent, WA 98032 Fax:253-856-6500 PHONE: 253-856-5500 Condemnation of the following property(s) will be considered during the Final Action that will take place at the September 2, 2014 Kent City Council meeting at 7PM in Council Chambers at Kent City Hall, 220 4th Avenue South: Parcel Number 7888900170 Tax Payer Name RIVERPOINT TWO LLC ON1830 Mailing Address PO BOX 20399 SEATTLE WA 98102 Parcel Number 7888900175 Tax Payer Name RIVERPOINT TWO LLC ON1830 Mailing Address PO BOX 20399 SEATTLE WA 98102 °o, Parcel Number 7888900150 Tax Payer Name CASCADE TUKWILA LLC 70A010 c Mailing Address 7900 SE 28TH ST #200 a� Y 3 ® MAYOR SUZETTE COOKE MERCER ISLAND WA 98040 City of Kent Public Works Department Timothy J. LaPorte, P.E. ,Public Works Director Enclosed is a copy of the ordinance and exhibits that City Council will take final action to decide whether or not to authorize the condemnation of the aforementioned property(s): Sincerely, Mark Howlet City of Kent Design Engineering Manager Enclosures Green River Levee Improvement Condemnation Ordinance Exhibit A Exhibit B ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, providing for the acquisition of certain property and/or property rights in order to construct, extend, widen, improve, alter, maintain, and reconstruct portions of the Green River levee systems providing for the condemnation, appropriation, taking, and damaging of such property rights as are necessary for that purpose; providing for the payment thereof out of flood district funds; directing the city attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations, or other agreements; and acknowledging that all of the affected real property is located within the corporate limits of the city of Tukwila in King County, Washington, RECITALS A. The Desimone Levee Improvement Project ("Project") is necessary to provide flood protection to the Green River Valley which includes the city of Kent, city of Tukwila and King County Flood Control Zone District ("KCFCD"). B. Kent and Tukwila share a mutual boundary in an area along the Green River within the KCFCD that is protected by the Project. A 1 Green River Levee Improvement Condemnation Ordinance breach in the Project section in Tukwila would inundate properties wthin both Kent and Tukwila. C. The KCFCD passed Resolution FCD2013-02.2 on February 26, 2013, providing for use of the state grant, providing additional KCFCD funding for the Briscoe-Deimone Levee project, supporting the use of setback levees that are retained by walls on the landward side, and assigning Kent responsibility for design and construction of these setback levee improvments. D. Kent entered into an interlocal agreement (ILA") with the KCFCD on June 6, 2013 relating to the use of state and KCFCD funds, assigning Kent as lead for design, permitting and construction of the Briscoe-Desimone Levee project. E. Kent entered into an interlocal agreement with the City of Tukwila on March 6, 2014 relating to the authority of Kent to act as lead agency for design, permitting and construction of the Project including authority to condemn, or to acquire in lieu of condemnation, property within Tukwila. F. Property and property rights along the alignment of the Project must be acquired in order to complete the Project. G. Efforts are now ongoing to acquire the properties necessary for this public use by negotiation and settlement agreements. H. In the event that negotiated acquisition is not fully successful it is essential that the city be prepared to initiate condemnation proceedings so that the Project can be timely constructed. 2 Green River Levee Improvement Condemnation Ordinance I. The City has provided notice in the manner provided for in RCW 8.12.005 and 8.25.290. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION .i. After receiving the report of city staff and after reviewing the planned improvements for the Project, the city council finds and declares that the public convenience, use, health, safety and necessity demand that the city of Kent condemn, appropriate, take, and damage portions of certain real properties located within the corporate limits of Tukwila in King County, Washington, in order to acquire the necessary property and/or property rights for the construction of the Project, including all necessary appurtenances. The properties to be acquired are approximately depicted in Exhibit "A," and legally described in Exhibit "B," both of which are attached hereto and incorporated herein by this reference ("Properties"). The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance, and reconstruction of the Project, including improvements for sheet piles, cap beam, concrete barrier, handrail levee fill, access ramps, drainage, trails, landscaping, illumination, utilities, utility adjustments, and relocations, and any other levee, street, or municipal purposes that may become necessary from time to time on the Properties. SECTION 2. The city council authorizes the acquisition by condemnation of all Ulu portion of the Properties for the construction, extension, improvement, widening, alteration, maintenance, and 3 Green River Levee Improvement Condemnation Ordinance reconstruction of the Project, including acquisition of property and/or property rights, together with all necessary appurtenances and related work to make a complete improvement according to city standards. SECTION 3. The city shall condemn the Properties only upon completion of all steps and procedures required by applicable federal, state, and/or local laws and regulations and only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. The city shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the city's ILA with KCFCD, city drainage fund or from any of the city's general funds, if necessary, as may be provided by law. SECTION 5. The city council authorizes and directs the city attorney to commence those proceedings provided by law that are necessary to condemn the Properties. In commencing this condemnation procedure, the city council authorizes the city attorney to enter into settlements, stipulations, or agreements in order to minimize damages, which settlements, stipulations, or agreements may include but not be limited to the amount of just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other property interests. SECTION 6. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. 4 Green River Levee Improvement Condemnation Ordinance SECTION Z, - Corrections by City Cierk 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 8. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 5 Green River Levee Improvement Condemnation Ordinance PASSED: day of , 2014. APPROVED: day of , 2014. PUBLISHED: day of 2014. 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 MOORE, CITY CLERK P:\Civil\Ordinance\Green River Levee Improvement Condemnation Ord.docx 6 Green River Levee Improvement Condemnation Ordinance PARCEL WI TN LEVEE !Lm� USE RESTRICTION - AREA=29,552 S.F. S 68°33'43" W 99.00, IMPORTANT: THIS IS NOT A SURVEY. IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON N 82°08'17" W 100000 SCALE: 1 "=80, N 59°4-3'17" W 95.00' � N o 00 o � 6' o o �n of D=9°06'53" R=548.13' L=87.20' T= 43.6 9' N 51 °37'33" E 0.67' e � e e, e D=21 °46'55" e R=501.00' L=190046' \ T-96.40' N 8010'16" E 23.95' S 81 °49'44" E 90.00' LOT 17, SOUTHCENTER INDUSTRIAL PARK RIVERPOINT TWO LLC 18200 CASCADE AVE. S. TAX LOT - 7888900170 RIVER PROTECTION EASEMENT - AREA=12,326 S.F. IMPORTANT: THIS IS NOT A SURVEY. IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON SCALE: 1 "=80' S 8°10'16" W 23.95' N 81 °49'44" W 90.00' D=10°46'55" R=699.00' L=131.54 1 =65.96' S 11 °23'33" W 20.32° 0 o ion io �n �r � o N II II � 0 2 v o V� °� D=3°04'20" R=603.14' �\ L=32.34' T=16.17' LOT 17, SOUTHCENTER INDUSTRIAL PARK RIVERPOINT TWO LLC 18200 CASCADE AVE. S. TAX LOT - 7888900170 S 11 °23'33" W 45.70' S 29°3S'17" E 30.52' 0 No CP �, I I SCALE: 1 "=60' PARCEL WITH LEVEE USE RESTRICTION - AREA-11,077 S.F. IMPORTANT: THIS IS NOT A SURVEY. IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON Z D=1 047'00" R=1001.00N�, L= 31.16T=15.58'cp CASCADE TUKWILA LN 44°29'17" W 8251 CASCADE AVE.AX LOT - 788890014.69' LOT 24, TUKWILA SP D=10°13'29" `fi i� 78-45-SP R=351.00' L=62.64'Lu T=31.40' i co co " N RI V ERSIDE DR \ o z IMPORTANT: THIS IS NOT A SURVEY. IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS N 29038'17" W AND OTHER LAND, NO S 11023'33" W 30.52' LIABILITY IS ASSUMED BY 22.86' REASON OF RELIANCE HEREON S 29037'32" E 12.85' RIVER PROTECTION �, �o EASEMENT - 1s 6VD, AREA=5,512 S.F. �o U) cp cP� �� f D=1 047'00" o 'p R=1001900' SCALE: 0� L=31.16' 1 = 6 0T=15.58' D=1 047'00" N 24051217" W R=1016.00' 62.46' L=31.62' T=15.81' D=10013'29" R=351.00' c) �' L=62.64' CASCADE TUKWILA LLC 6'- T=31.40' 18251 CASCADE AVE. S. TAX LOT — 7888900150 LOT 247 `� h TUKWILA SP D=12°24'58" 78-45—SP R=366.00' 20.32' d� L=79.31' T=39.81' co to O M _ t j ,N RIVERSIDE DR ����\ 00 z �\�FAAOA0 o p�q © i Cascade Tukwila LLC Tax 1D Dumber 788890-0150 located at 18251 Cascade Avenue S. v�G�d Civa��Er: I:A�rM1TtE Ti1iCV�rILr'a,, LEI=, k �'�A�HINGTf?N LI4'S9il'f=L� Li,�CiIL�'f �L��ripAf�1`r" R�a3 �ra��rLY fri Lf� C�unt�P cif I�ln�, St��� t�f 9��r�sliic7�tr�ri, d�sr;rit��d �s fa8la�.h{�; UNDER RECORDING NUMBER 7905011099, IN KING COUNTyr WAS14INGI`ON, As RSED BY UNDAfaY LINE 4[7JU Thif NTNL1Mf1ETi 8tw29mBLA, ACCORDING TO THE SURVEY RECORDED UNDER RECORDING NUMBER 81 10505001 DESCRIBED AS FOLLOWS. �EGI�fNING AT A ���1hAT �hJ TWE Nf3Ri1-IEAS�ffiLY RIGHT CIF 1AdA�Y FINE �[= R.1trEr�SIt7E T�(�itAC AS Hr3'4kN ON SAID SHORT RLATr DIS f`ANT T HEREO- i SOLP H 7803 lWf EAST 267.76 PEST FROM THE UTHhlESTERLY CORNER OF SAID LET' 23,4 THENCE FfI€AM SAID POINT Of BEGINNING NORTH IPZTSO" EAST 430.27 FEET TO A WINT ON THE k3OUNDARY OF SAID LOT.23Y THENCE ALONG THE BOUNDARY Or SAID LOTS 23 AND 24 THE FOLL01"JING I i3URSes, iOuTH 299038,"OD" EAST 63E.11. FEET; THENCE SOU T H 25020' J4" EAST 100.400 FEffi THENCE SOUTH 230 4'f1D" EAST 99.00 FEET; THENCE SOUTH 24"51'00" EAST 100.00 FEET; THENCE SOUTH 94°29'0O" EAST4.68 FED Tv THEME SOUTH 11023'50" WEST 147.37 FEE J T€5 THE NORT; HEA3 TERLY RIGHT OF VJAY LINE OF ,STAID UVERSIDE D€JVE, THENCE ALONG -SAID NORTHEASTERLY RIGHT OF WAY LINE FROM A! T'ANGENTTf AT DEARS NORTH 51034'10" WEST ALONG THE ARC OF A. C1JRVE TO THE L€Fr HAVING A RADIUS OF 110.O0 FEET AND A CENTRAL ANGLE OF 27002'00".1 -AN.ARC LENGTH OF SL!10i FE . T; THENCE TANGENT TO THE PRECEDING CURVE NOR11178036"I.f1" f,5 UT 1 2A24 FEET TO THE POINT OF DEGIN.NING; t4LSO KNOWN AS LOT 24 OF C±° Or'TUKIilTLA S011fdMY UNE ADJUSTMENT WWAG.LA, RECORDED l9NL�ER f�.E��R�ING NLf��1RE 81�I2CI1O��3�, Tax Parcel Numaer; 70=0=0190v0l sirus,Addfes5� 3.8251 rau4ado Alvcriup Sr��th, Riverpoint Two LLC -Tax I.D. Number 788890-0170 and -0175 located at 18200-18300 Cascade Avenue S. "�a��ted t�iras7e�: R1'�Ef?P4�I�T T'9"�c� L,L�" �. �L',�51�.]hJ�T�td Litr1ITEC1 LI�,FIL.11 �' ��hll�.�.PaY R��! �lra�pert�• lei lh� Co,�rt�{ 06 h,iri�_" SI'�t� ref ti4t��ilingt.�r;,, ���nhed as F� of is�^c�; PARCEL. �: THAT PORTit�N OF L�1' la' ClF THE PLAT C'xF SOUTHC ENTER. 5C3U fi i Ifi•1I3 U STC�IAL PARfC A� IECORL��'fi IN %((XQhiE 01 OF PLATS, PAGES 22 THROU6H 25, INCLUSIVE, IN DING COUNTY, WAS IING,TOM t;ESCRIBED As FOLLO'05: EEGIAINIrrC .Ai' TtIE st7UTH9�arE;—f C�iRNEi� ill= ��IL LriT 1�. TI IENCEa S 78"38'10" E ALONG THE 54oUTN LINE OF SAID LOT 17 A D15fANCE OF BiiM FEET; THENCE ALONG A CURVE TO THE RIGHT, THE CENTER OFWHICH i HEARS ICJ 11023'5[P' E HAVINGA R,AFIIUS OF C�_C1I�' FEET AN ARC DIS t'ANCE OF 28,54 FLET THROUGH A CENAL ANGLE OF 90`00'IIO"; 3] IEI+IC1!=, N 11`'23'50" E A ONO A UNE 30 FEET EAST OF AND PARALLEL Wl it f THE WEST LIME OF SAID LOT 17 A DISTANCE OF 357M FEET TO THE TRUE POINT OF BEGINNING; 14ENCrf CONTINUING N 111:23'5V'E ALONG, SAID LINE A DI511ANCE OF 291.21 FEET, Tf IENCE .ALONG A CURVE TO T14E LEFT H,A'+Its'C A RADIUS OF 110.00 FEET, AN ARE D15T,ANCE 05 II3,21 FEET T14ROIJGH A CENTRAL- ANGLE OF 43020'30" TO THE WEST LINE OF SAI) LOT 17; 7'11ENCE N 11023' 0' E A1.ONCj SAID WEST LINE .A DISTANCE OF 14945:3 FEET TO THE N ORTFPNFST CORNER OF SAID LOT 17 AND THE TOP OF THE RIGHT BANK OF THE GREEN RISER; 1-iENCE. ALONG SAID TOP OF THE I11t`HTgr'N OF THE GREEN 11WERTHE FOL_L�J'�"��fiJF� G7URS 3rD DISTAAIS; s °l� c14't30'" E A maS'TANCE Ar iz0.08 FEET;. S. 59v43't;d7" E A DISTANCE OF 9B4O0 FEET; 5:72-ITMI" EA DISTANCE OF I11LOG FEET; 82c08'C7" FA DISTANCE OF 1:00.CitI FEET; N 781;54'00,- L A DISTANCE OF 99,00 FEET; ! 6894'00E A CMSTANCE Or- 09,00 FEET; ,wJ 73e00'33" IF A DISTANCE OF 97,69 FEETr MORE OR LESS, TO THE WES T t°` ARGIt•I 4F SEC.Qt' DARY STAiI� HIGHWAY 214; THENCE LEAVIFJtiG SAID TOP OF THE RIGHT flAf'!f{ OF THE GREL`f~d RIVER ALONG SCSID WEST MARGIN ON A CURVE TO THE RIGHT, THE CEN I R OF WHICH DEARS N *1703:3120" W HAVtNG ,A RADIUS. CIF y4.3a1.4 FELT, AN ARC DISTANCE Or C .08 FEET, THROUGH A CEN' TRAL ANGLE OF II9"11'10 THENCE S .51`37'10" loV ALONG SAID WEST MARGIN A DISTANCE OF 131.40 FEETO THENCE Af;L7 G A CURIE TO THE LEFT 01+4 SAID 'WEST MAfiGIN, HAMING A RAOR S or 60111 FEET" AN ARC DIS 1 KCE OF 42119 FEET T11r%o IG'i I ,A CEN I R.4L ANGLE OF ally'LA°tlf7"; THENCE S 11°'��'S1]"` W ALONG SAID WEST MARGIN A DISTANCE OF 23,32 FEET; r,HFNCE N 2803E'IT VJ A DISTANCE OF 29100 00 FEET TO THE TRUE POINT OF BEGIrMiNGG, {AL510 KNO"uII•! AS PI-fASE lI OF CtaR.POf".A i E PRilM:7Y ItlVEaTUPS BINDING 5M 7ts3t'F;CiVEN1Et*n" 1'LAtJ RECORDED Llh{DER F�.EC+4Ra[CJL, I'1C�. 81UI�10-A55ANCI RE R.,��=+RDED Rah1DER REC€�RGINw` hti:�_ 8409060M' t SAIEI PI IASE II BEING ,A PORTION O_ F L�tI 17 CIF buUALtAR1i Link. AUJV? I r•9thl'� tdCa.. 131- 9-sLA RECORDED I ,sNDER RECORDING M ,21.11050568,, WHICH IS A t'i WUCN OF LOT 15 AND AIL LkF LOT 17 OF IOU T HCL.N 9 ER SOUTH INDUSTRIAL PARK. ACCORDING TO THE PUk T THEREOF RECORDED IN VOLUME 97 OF PLAT5x RAGF.45 2TTIROU4H 25, INCLUSIVE, IN K.IM! T COUNTY., 4�JASHINGTON;) E7cCFIgT"I•I-IA`i' f'+LiRilOt•! THEREOF DEEDED TO THE CIT".V CrFTUKINILA, y"dASHIFJCTC7Pr,.A f~iUAICIP:AL �:t7ESFLP,ATICPd, 51" DEM RECORLiLD UttiDEFi RECORDING NO, R5111�0411 F'�ittC'E=L t3 TH"hT PDRTIc�N OF LET 17 aF THE PLAT [iF Si�UTNCElIfCti SOUTH ItdDUSTItI�,L PARK AS REC[�RPEI� IN VOLtJh1E W OF PLATSo PAGES 22 THROUGH 25,. INCLUSIVE, IN KING COUNTY, WAS10GTON dIESCRIBED AS FOLL01,16; 1I€GINNIMG AT TE-1E :�[?U1-N1'dEST GflREaER i3F S�.IEJ it7T 17; THENCE S 78`36'10" E ALONG THE SOUTI-1 LINE OF SAID LOT 17 A DISTANCE OF BOX0 FEkt TO TIDE TRUE € ORoIr OF GLGINNING; THENCE ALONG A CURVE TO THE RIGHT OF THE CENTER Or WHICH BEARS N 11023"5Cl"" E HAVING A RAADIHS OF50,11(I FEE , AN ARC DISWIC3E OF 78A54 FEET THROUGH A CENTRAL ANGEL € F 90aDOW ; 11 ILNCL N 1102T50" E ALONG A LINE 30 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF S41D LOT 17 A DISTANCE OF 3.57.00 FEET; THENCE S 78°3E"10 11 t A DIS i'ANCE OF 295.00 FEET TO THE %(k EST MARGIN OF SECONDARY S rA's E HIGHWAY 2M; THENCE S 11*2:3'50" W ALONG &AID NIARCiIN A LITIANCEOF 11.96 FEETF THENCE A" 7803G"50" W ALONG SAID MARGIN A DISTANCE OF 10.00 FEET; THENCE 511a23'S0" W ALONG SAID MARGIN A D1,5mrANCE OF 345,011 FEET; THENCE ALONG A C'VFWE TO THE RIGHT IgAVING A RADIUS OF 50sG0 FEET, AN ARC DISTANCE DE 78,% FEET THROLFG1 i A CENTRAL ANGLE OF W00'00" T7 THE NORTH MARGIN Or TODD BOULEVARD; THENCE NORTH 780315'10"'A .ALONG SAID NORTH 14ARGIN A DISTANCE OF 185.00 FEET TO THE TRUE POINT OF BE2NNING. (ALSO KNOWN AS PHASE I OF CORPORATE PROPERIV INVESTORS LANDING SIT E IMPROVEMENT PLAXI RECORDED UNDER I KORDING NO. 81Ud210155AND RE -RECORDED UNDER RECORDING NOi. �%0!10605% SAID PHASE I BEI11G A PORTION OF LOT 17 OF BOUNDARY LINE ADJUSTMENT NO. 81� 29-BLA RECORDED UNDER. RECORDING NO. Bi 1105GS690 WHICH IS A PORTION OF LOT 15 AND)%LL OF LOT 17 OF SOUTHCENTER SrSUTI I INDUSTRIAL PARK, ACCORDING TO THE FLAT n-wR EOF RECORDED IN VOLUME 97 OF PLATS, PAGES 22 7H941JGH 2", INCLUSIVE, IF;! KING COUNTY, V*1 SHINGTON; ) E(CEPT THAT PORTION THEREOF DEEDS} TO TIME CITY OF TLIKAh"ILA, kYASHINGT^ A mUN1CIPAL CORPORATION, 0Y DEED RECORDEDUNDER RECORDING NO. 851,I IS04104 Fax Parcel Number; 7E8890.41170W and 788890-0175-02 Situs A if drus1 18200 and 18300 Cascade Avenue !knittoi, T'i*'411a, %VA 98186 This page intentionally left blank. Agenda Item: Consent Calendar- 7E TO: City Council DATE: September 2, 2014 SUBJECT: Interlocal Agreement with the City of Auburn for the 277th Corridor - Authorize SUMMARY: Over a decade ago the City of Kent completed its portion of the S. 277th Street Corridor. This project abuts the corporate limits of Kent, Auburn and King County and included a new roadway connecting Auburn Way North with Kent Kangley Road and a new bridge over the Green River. The City of Auburn recently received a Transportation Improvement Board grant and are now ready to complete their portion of the corridor. The attached Interlocal Agreement spells out the terms of an agreement between the Cities regarding revisions to the city limits, final lane configuration, and use of Kent’s wetland mitigation site and disposition of an existing traffic signal. EXHIBITS: Draft Interlocal Agreement with the City of Auburn for South 277th Street RECOMMENDED BY: Public Works Committee YEA: Fincher – Ralph - Higgins NAY: BUDGET IMPACTS: This agreement has no budget impact. MOTION: Authorize the Mayor to sign an Interlocal Agreement with the City of Auburn for the South 277th Street Corridor Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. This page intentionally left blank. 1 AGREEMENT REGARDING S 277TH STREET CORRIDOR ROADWAY THIS AGREEMENT is entered into between the City of Kent, a Washington Municipal Corporation, located and doing business at 220 Fourth Avenue South, Kent, Washington 98032 ("Kent") and the City of Auburn, a Washington Municipal Corporation, located and doing business at 25 West Main Street, Auburn, Washington 98001 ("Auburn"). RECITALS 277TH STREET CORRIDOR CONSTRUCTION WHEREAS, both cities desire to work together for the mutual and overall benefit of the S 277th Street Corridor; and WHEREAS, Kent has constructed a roadway improvement project, commonly known as the S 277th Street Corridor Project, which commences generally from the intersection of SE 277th Street and 83rd Avenue S. (a/k/a East Valley Highway or Central Avenue or Auburn Way North) and runs generally east across the Green River, then along SE 274th Street in Kent, and then north along 116th Avenue SE and terminating at Kent-Kangley Road in Kent. Kent’s project included a 2-lane roadway with a left turn between Auburn Way North and L St NE, a 5- lane roadway between L St NE. and 108th Ave. SE, a 4-lane roadway with a left-turn lane between 108th Ave. SE and Kent-Kangley Road, and a non-motorized trail between L St NE and 108th Ave. SE along with a pedestrian bridge over the Green River; and WHEREAS, Auburn, as the lead agency on its project, commonly known as the South 277th Street Corridor Capacity & Non-motorized Trail Improvement project, has obtained complete funding to design and construct its project; and WHEREAS, Auburn has commenced environmental review and design on its project and intends to construct the only remaining 2 lane segment on the S 277th Street Corridor between SR-99 and SR-18, which generally commences at the intersection of Auburn Way North and runs east to L St NE; and WHEREAS, Kent completed all required wetland mitigation for its previous S 277th St 2 Corridor Project as well as advanced wetland mitigation for Auburn’s project; and WHEREAS, Kent concurs that Auburn may utilize the advanced wetland mitigation completed as credit towards any wetland mitigation as may be required by the regulating agencies for completion of Auburn’s S 277th St Corridor Project; and WHEREAS, the project is a part of the S 277th St Corridor (from I-5 to SR 516) and the cities will restrict private access to the extent possible; and WHEREAS, Kent allowed a temporary traffic signal to be installed at L St NE to facilitate development of the Trail Run residential plat, and the cities agree the intent was for the signal to be removed in the future; and WHEREAS, portions of Auburn's project abut properties located within Kent's corporate boundaries; and WHEREAS, Auburn’s project will require widening to the south of the existing S 277th St roadway and Auburn does not anticipate requiring any right of way from properties within Kent’s jurisdiction; and WHEREAS, both cities intend to annex portions of the S 277th St Corridor to clearly define ownership and maintenance responsibilities; and WHEREAS, an interlocal agreement exists between the Valley Communications Center and Auburn and Kent for the establishment and use of fiber optic cable and equipment along S 277th St/SE 274th Way between Auburn Way North and 108th Ave SE; and WHEREAS, Kent intends to maintain ownership of existing conduits in the roadway and plans for possible future water line extension through the S 277th St Corridor; NOW, THEREFORE, Kent and Auburn hereby agree as follows: AGREEMENT A. AUBURN'S S 277TH STREET CORRIDOR PROJECT 1. Auburn will be the lead agency for the overall funding, design, right of way acquisition, permitting, construction and completion of its proposed S 277th 3 Street Corridor Capacity & Non-motorized Trail Improvement Project which includes, but is not limited to:  A five lane arterial with left-turn lanes, curb, gutter, storm drainage, landscaping, one traffic signal, street lighting and mixed use non-motorized trail from Auburn Way North to L St NE.  Repair of the existing pavement from Auburn Way North to approximately 260 feet east of the L St NE intersection, and provide a minimum 2-inch asphalt concrete overlay over the existing pavement. 2. Auburn will continue to coordinate its design and construction efforts to match Kent’s S 277th Street Project. 3. Kent and Auburn agree that it is their mutual intent for there to be only one traffic signal between Auburn Way North and 108th Avenue SE and that said signal should be located at the future I St NE intersection. Once funding becomes available for an alternate roadway connection for the Trail Run residential development and the temporary L St NE signal is no longer needed, it is the intent that Auburn removes the temporary signal at L St NE and any remaining temporary pavement channelization along S 277th St./ S 274th Way. B. KENT AND AUBURN CITY LIMIT REVISIONS 1. Kent will revise its corporate boundaries per RCW 35A.21.210 to convey its complete jurisdiction of S. 277th St. corridor from Auburn Way North to approximately 723 feet east of the L St NE intersection to the City of Auburn as per the applicable portions of the attached exhibit maps “A” and “B” and the attached legal descriptions Exhibits A-1, and B-1, B-2, B-3, B-4, and B-5. 2. Auburn will revise its corporate boundaries per RCW 35A.21.210 to incorporate the complete jurisdiction of S. 277th St. corridor from Auburn Way North to approximately 723 feet east of the L St NE intersection into the City of Auburn as per the applicable portions of the attached exhibit maps “A” and “B” and the attached legal descriptions Exhibits A-1, and B-1, B-2, B-3, B-4, and B-5. 4 3. Kent will retain ownership of Kent’s existing conduits within the S. 277th St. Auburn agrees to cooperate with Kent on Kent’s application for a Franchise Agreement from Auburn for its facilities, including a future water main, along S. 277th St. from Auburn Way North to approximately 723 feet east of the L St NE intersection in the City of Auburn. 4. Kent will have jurisdiction over the S. 277th Street corridor facilities within its corporate boundaries. 5. Auburn will have jurisdiction over the S. 277th Street corridor facilities within its corporate boundaries. 6. Kent will retain ownership and continue to maintain the pedestrian bridge over the Green River. C. MISCELLANEOUS 1. Termination. This agreement shall terminate on the date that Auburn completes construction of its S 277th Corridor Project. 2. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the cities under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. 3. 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 each city. 4. Severability. If any one or more sections, subsections or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portions of this agreement and the remainder shall remain in full force and effect. 5 5. Entire Agreement. Written provisions and terms of this agreement, together with any attached exhibits, supersede all prior verbal statements by any representative of either city, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached exhibits contain the entire agreement between the parties. Should any language in any exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. THE CITY OF KENT THE CITY OF AUBURN SUZETTE COOKE, MAYOR NANCY BACKUS, MAYOR APPROVED BY KENT CITY COUNCIL MOTION ON , 2014. APPROVED BY AUBURN CITY COUNCIL MOTION ON ______________________, 2014 ATTEST: ATTEST: (SEAL) (SEAL) RONALD MOORE DANIELLE E. DASKAM KENT CITY CLERK AUBURN CITY CLERK APPROVED AS TO FORM: APPROVED AS TO FORM: TOM BRUBAKER DANIEL B. HEID KENT CITY ATTORNEY AUBURN CITY ATTORNEY This page intentionally left blank. Agenda Item: Consent Calendar – 7F TO: City Council DATE: September 2, 2014 SUBJECT: 2015-2020 Capital Improvement Plan – Set Public Hearing Date SUMMARY: Set September 16, 2014 for the first public hearing of the 2015-2020 Capital Improvement Plan at the regular City Council meeting. Public input is welcome. EXHIBITS: None. RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Set September 16, 2014 for the public hearing for the 2015-2020 Capital Improvement Plan at the regular City Council meeting. This page intentionally left blank. Agenda Item: Consent Calendar – 7G TO: City Council DATE: September 2, 2014 SUBJECT: 2015 – 2016 Biennial Budget – Setting First Public Hearing Date SUMMARY: Set September 16, 2014 for the first public hearing of the 2015-16 biennial budget at the regular City Council meeting. Public input is welcome. EXHIBITS: None. RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: Set September 16, 2014 for the first public hearing of the 2015- 2016 biennial budget at the regular City Council meeting. This page intentionally left blank. OTHER BUSINESS This page intentionally left blank. Agenda Item: Bids – 9A TO: City Council DATE: September 2, 2014 SUBJECT: Leber Homestead Soil Preparation - Award SUMMARY: This project takes place at the Leber Homestead Property located at approximately 7094 S. 262nd Street in Kent. This first phase of the project will remove invasive plants and prepare the soil for initial planting in the fall of 2014. Future phases will excavate and construct nearly 1.5 acres of off-channel salmon habitat adjacent to the Green River. EXHIBITS: Memorandum, dated August 21, 2014 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: This first phase of the contract will be funded by a grant from the Salmon Recovery Funding Board. The full Council approved this grant for $159,460 on June 17, 2014. MOTION: Award the Leber Homestead Soil Preparation Project to Buckley Nursery Co. in the amount of $123,277.84 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. 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: August 21, 2014 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Leber Homestead Soil Preparation Project Bid opening for this project was held on Tuesday, August 21, 2014 with 3 bids received. The lowest responsible and responsive bid was submitted by Buckley Nursery, Co. in the amount of $123,277.84. The Engineer's estimate was $115,785.30. The Public Works Director recommends awarding this contract to Buckley Nursery, Co. Bid Summary 01. Buckley Nursery Co. $123,277.84 02. Hoffman Construction, Inc. $135,397.30 03. Apollo Environmental – Non Responsive Bidder $99,436.02 Engineer's Estimate $115,785.30 This page intentionally left blank. 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 This page intentionally left blank. EXECUTIVE SESSION A. Property Negotiations, as per RCW 42.30.110(1)(c). ACTION AFTER EXECUTIVE SESSION This page intentionally left blank.