HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 02/07/2022 Public Works Committee
• Monday, February 7, 2022
KEN T 4:00 PM
WASHINGTON
Chambers
Masks are required regardless of vaccination status.
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 833 1854 6221
Chair Brenda Fincher
Councilmember Satwinder Kaur Councilmember Marli Larimer
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Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair
3. Agenda Approval Chair
4. Approval of Minutes YES
1. Approval of January 3, 2022 YES Chair 05 MIN.
Minutes
5. Business YES
A. Storm and Surface Water YES Evan Swanson 15 MIN.
Utility Ordinance - General
Update of KCC 7.05 and
7.07 - Adopt
B. Mill Creek at 76th Avenue YES Cheryl Rolcik-Wilcox 05 MIN.
Flood Protection
Improvements - Drainage
Easement, Utility Easement,
and Temporary Construction
Easement - Authorize
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third
Mondays of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South,
Kent, WA 98032.
For additional information please contact Nancy Yoshitake at 253-856-5508, or email
NYoshitakeCa)kentwa.gov, or Cheryl Viseth at 253-856-5504, or email Cviseth@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Public Works Committee CC PW Regular Meeting February 7, 2022
C. Frager Sewer Pump Station YES Jens Vincent 05 MIN.
Supply Agreement -
Authorize
D. South 212th Street YES Abdulnaser Almaroof 05 MIN.
Preservation Interlocal
Agreement - Authorize
E. INFO ONLY: South 224th NO Abdulnaser Almaroof 10 MIN.
Street Project Phase 3 PSE
Schedule 74 Underground
Conversion Design
Agreement
F. INFO ONLY: 2022 Asphalt NO Derek Hawkes 15 MIN.
Overlay Program
G. INFO ONLY: 2022 PSRC NO Rob Brown 10 MIN.
Transportation Grant
6. Adjournment Chair
4.1
Pending Approval
Public Works Committee
KENT CC PW Regular Meeting
WA9H... Minutes
January 3, 2022
Date: January 3, 2022
Time: 4:04 p.m.
Place: Chambers
Attending: Brenda Fincher, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
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Agenda:
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1. Call to Order 4:04 p.m. c
The meeting was called order by Councilmember Kaur at 4:04 p.m. c
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2. Roll Call Q
Attendee Name IL Title Status Arrived
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Brenda Fincher Committee Chair Remote o
Satwinder Kaur Councilmember Present
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Marli Larimer Councilmember Present o
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3. Agenda Approval c
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There were no changes to the agenda. c
4. Approval of Minutes
1. Approval of Minutes dated December 6, 2021
MOTION: Move to approve the Minutes dated December 6, 2021
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RESULT: APPROVED [UNANIMOUS]
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MOVER: Marli Larimer, Councilmember
SECONDER: Brenda Fincher, Committee Chair
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AYES: Fincher, Kaur, Larimer m
5. Business
1. Downey Farmstead Side Channel Restoration Washington
Department of Ecology Shorelands Floodplains by Design Grant
Agreement - Authorize
Design Engineer, Melissa Dahl noted that the Downey Farmstead Side
Channel Restoration Project (Project) will construct a multi-stem, 2,000
linear foot, side channel to the Green River which will provide rearing and
refuge habitat for threatened Chinook and other salmon species. The project
will also provide approximately 130 acre-feet of floodplain storage to reduce
flood risk.
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Page I of 3 Packet Pg. 3
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Public Works Committee CC PW Regular Meeting January 3, 2022
Minutes Kent, Washington
To date, roughly 152,000 cubic yards of material have been excavated for
the side channel, Frager Road has been relocated, six log habitat structures
have been placed, roughly 10,000 native plants have been planted, and the
pedestrian/bicycle trail has been constructed. The final phase of work is
anticipated to begin in early summer 2022 and will include the final
connection to the Green River along with plantings and habitat features.
The Floodplains by Design grant program is a state program focused on the
reestablishment of floodplains within major rivers.
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Dahl noted that the match for the grant is being provided by a combination
of other grants and plants from the city's native plant nursery and city staff —
time installation.
MOTION: I move to authorize the Mayor to sign a Shorelands a
Floodplains by Design grant agreement with the Washington State Q
Department of Ecology in the amount of $3,226,880.00 for the
Downey Side Channel Restoration Project, subject to final terms and a
conditions acceptable to the City Attorney and Public Works Director. o
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 1/18/2022 N
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7:00 PM N
MOVER: Brenda Fincher, Committee Chair °'
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SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer o
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2. Parking Ordinance for Green River Road - Adopt
Transportation Manager, Rob Brown noted that Green River Road, in the
vicinity of the South 277t" Street Don Wickstrom Bridge, has experienced an
increase in the number of vehicles parking on the street for extended periods r
of time. In addition, this area has experienced an increase in littering and
dumping, impacting the river and its surrounding environs. Because these Q
illegal activities threaten public health, safety, and public property, this
ordinance is designated as a public emergency ordinance and if adopted,
would be effective immediately.
Currently, there are only parking restrictions at the 277t" Street Corridor trail
crossing south of the bridge. This ordinance addresses the concerns with the
extended parking by adding no parking zones in some areas and prohibiting
overnight parking between 10 p.m. and 6 a.m. daily. King County has
already imposed similar parking restrictions within its jurisdiction in this area.
Brown stated that the parking restrictions will not affect any private property
owners and parking for trail use and river access will still be available.
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Page 2 of 3 Packet Pg. 4
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Public Works Committee CC PW Regular Meeting January 3, 2022
Minutes Kent, Washington
We have also included changes to address several scrivener's errors.
MOTION: I move to recommend Council adopt an ordinance
amending Chapter 9.38 of the Kent City Code to add locations on
Green River Road to the no parking zones and to prohibit overnight
parking in other locations on Green River Road.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 1/4/2022 7:00
PM
MOVER: Marli Larimer, Councilmember
SECONDER: Brenda Fincher, Committee Chair r
AYES: Fincher, Kaur, Larimer
6. Adjournment 4:19 p.m. o
The meeting was adjourned at 4:19 p.m. o
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Page 3 of 3 Packet Pg. 5
5.A
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: February 7, 2022
TO: Public Works Committee
FROM: Public Works
SUBJECT: Storm and Surface Water Utility Ordinance - General Update
of KCC 7.05 and 7.07 - Adopt
MOTION: I move to recommend Council adopt an ordinance repealing and
replacing Chapter 7.05 of the Kent City Code, entitled "Storm and Surface
Water Utility," and repealing Chapter 7.07.
SUMMARY:
The City of Kent owns and operates a storm drainage system that collects, stores,
provides water quality treatment, and conveys stormwater from public and private
properties for discharge to waters of the state. The current storm and surface water
utility code sections require an update to be consistent with state law and
technological advances. This language also provides a well-defined enforcement
mechanism. The proposed motion includes a recommendation to adopt an
ordinance repealing the current Kent City Code (KCC), Chapter 7.05, Storm and
Surface Water Utility, and Chapter 7.07, Surface Water and Drainage, and re-adopt
an updated Chapter 7.05 Storm and Surface Water Utility.
BACKGROUND:
Kent's storm and surface water utility code is the foundation of the storm drainage
utility. Clear and specific stormwater management standards, regulations, and
policies protect the operation and condition of the stormwater system and protect
water quality standards for natural waters.
The code establishes authority to operate and maintain the stormwater utility,
defines standards for connecting and discharging to the city system, establishes the
stormwater utility rate structure, defines processes for implementation of the code,
and contains mechanisms for enforcement.
As a requirement of the 2019-2024 municipal National Pollutant Discharge
Elimination System (NPDES) permit, mandated by the WA State Dept of Ecology,
the City of Kent must implement a source control program to prevent and reduce
pollutant runoff to the public drainage system. The program must include
inspections of publicly and privately owned sites that have the potential to
discharge pollutants. If existing pollution prevention methods are ineffective, the
city must require the utilization of additional Best Management Practices, including
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structural controls if needed to protect water quality. The proposed updates to the
code support these new requirements.
The proposed ordinance also updates the enforcement provisions to be consistent
with other portions of Kent City Code.
The proposed ordinance eliminates KCC Chapter 7.07. This chapter includes Kent
stormwater standards for development and redevelopment. Because these
stormwater standards are now adopted by ordinance, Chapter 7.07 is no longer
necessary.
The proposed ordinance includes other minor edits to clarify stormwater system
maintenance and inspection responsibilities and to be consistent with state and
federal stormwater regulations.
This ordinance has been reviewed under the State Environmental Policy Act (SEPA)
and by the Washington State Department of Commerce as a development
regulation.
On January 10, 2022, the City of Kent Land Use and Planning Board held a public
hearing regarding the proposed code amendments and provided a recommendation
for Council to adopt the ordinance.
The ordinance has changed slightly since the Land Use and Planning Board Public
Hearing. Specifically, the following change was made to Section 7.05.150A: the
word "volumes" has been replaced with "peak flows".
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Ordinance (PDF)
2. Summary of Changes (PDF)
01/10/22 Land Use and Planning Board MOTION PASSES
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing and replacing
Chapter 7.05 of the Kent City Code, entitled "Storm
and Surface Water Utility," combining and
consolidating sections from Chapter 7.07, entitled
"Surface Water and Drainage Code," and then
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repealing Chapter 7.07. 4-
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RECITALS U)
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A. The City finds that all real property in the city contributes run-off to
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the common drainage problem, and that all real property in the city benefits
from the storm and surface water utility system in the city.
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B. The City finds that the intensity of development on all parcels of real
property, as measured by the square footage of impervious surface area, is E
an appropriate basis for determination of an individual parcel's contribution r
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to the problem of storm and surface water run-off. Q
C. The City finds that each owner of a parcel of real property within the
city should pay their share of the cost of constructing, operating,
maintaining, repairing, improving and replacing drainage facilities in
proportion to the amount of run-off contributed to the drainage system
beyond that which would occur if the parcel were in its natural state.
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D. The City finds that clear and specific stormwater management
standards, regulations, and policies must be maintained to prevent
degradation of natural waters to the maximum extent practicable and
therefore codification of these stormwater management regulations is
necessary.
E. The City finds that new state stormwater rules, promulgated through
municipal National Pollutant Discharge Elimination System permits, as well
as changes to city processes and the program requirements over time,
necessitate the update of these code sections.
F. The City finds that for clarity and ease of use, code Sections 7.05, andCU
7.07 should be combined into a single chapter.
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G. The ordinance was submitted to the Department of Commerce on E
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October 22, 2021. U)
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H. On October 22, 2021, the City's SEPA Responsible Official issued a
Determination of Non-Significance for the proposed code amendment.
I. At its regularly scheduled meeting on January 10, 2022, the City of o
Kent Land Use and Planning Board held a public hearing regarding the
proposed code amendments and provided recommendation for Council
adoption. Q
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, - Repeal. Chapter 7.05 of the Kent City Code, entitled
"Storm and Surface Water Utility," is hereby repealed in its entirety.
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SECTION 2. - New Chapter. A new Chapter 7.05 of the Kent City
Code, entitled "Storm and Surface Water Utility," is hereby enacted as
follows:
Chapter 7.05
STORM AND SURFACE WATER UTILITY
Sec. 7.05.010. Purpose. The purpose of this storm and surface
water utility code section is to establish authority to operate and maintain
the stormwater utility, define requirements for connection to the stormwater
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system, describe requirements and prohibitions for discharging stormwater CU
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to the stormwater utility system, describe the required standards for design, cn
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construction, and maintenance of private stormwater facilities and E
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infrastructure, and define the enforcement mechanisms for ensuring U)
compliance with this chapter. co
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Sec. 7.05.020. Definitions. As used in this chapter, the following
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words, terms, and phrases shall have the meanings ascribed to them in this
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section, unless a different meaning is plainly required.
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A. Clean Water Act (CWA) means the federal Water Pollution Control Act r
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(33 U.S.C. 1251, et seq.), and any subsequent amendments thereto. Q
B. Detention means the temporary storage of storm and surface water
run-off with provisions for the controlled release of the stored water.
C. Detention facilities means facilities designed to hold runoff while
gradually releasing it at a predetermined rate.
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D. Developer means the individuals or corporations applying for the
permits or approvals described in KCC 7.05.070.
E. Director means the City of Kent Public Works Director or designee.
F. Emergency means a situation that poses an immediate risk to health,
life, property, or environment.
G. Equivalent service unit (ESU) means a configuration of development
or impervious surfaces estimated to contribute an amount of run-off to the
city's storm and surface water drainage system which is approximately equal
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to that created by the average single-family residential parcel. This excludes
the multiplier effects of continuous areas of impervious surfaces larger than in
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an ESU. One (1) ESU is equal to two thousand five hundred (2,500) square E
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feet of impervious surface area or any portion thereof. N
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H. Flow control facility means a drainage facility designed in accordance
with the drainage requirements in this chapter to mitigate the impacts of
increased stormwater runoff generated by site development. A flow control
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facility is designed to hold water for a considerable length of time and then
release it by evaporation, plant transpiration, infiltration into the ground E
and/or to hold runoff for a short period of time and then release it to the
conveyance system. Q
I. Impervious multiplier means a multiplier used in the city storm and
surface water utility rate formula which reflects the hydraulic impact of
increasing percentages of impervious surface area. The effect of such
multiplier is to increase the monthly service charge for parcels having a
higher ratio of impervious surface area to total surface area.
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J. Impervious surface means that hard surface area which either
prevents or retards the entry of water into the soil mantle as it entered under
natural conditions preexistent to development, or that hard surface area
which causes water to run off the surface in greater quantities or at an
increased rate of flow from that present under natural conditions preexistent
to development. Common impervious surfaces include but are not limited to
rooftops, concrete or asphalt paving, paved walkways, patios, driveways,
parking lots or storage areas, and oiled, macadam, crushed rock, or other
surfaces which similarly impede the natural infiltration of surface water.
K. Maintenance means the act or process of cleaning, repairing, or
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preserving a system, unit, facility, structure or piece of equipment.
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L. National Pollutant Discharge Elimination System (NPDES) means the E
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permitting program under the Clean Water Act for preventing and reducing U)
the discharge of pollutants to surface waters of the state. 00
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M. Parcel means the smallest separately segregated unit or plot of land
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having an identified owner, boundaries, and surface area which is
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documented for tax purposes and given a tax account (lot) number by the
King County assessor. E
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N. Parcel, agricultural means any parcel of land upon which crops are Q
produced or livestock is raised, and may include houses, barns,
greenhouses, and other structures related to farming activities. Agriculture
includes both commercial and noncommercial activities. This does not
include parcels zoned primarily for single-family residence.
O. Parcel, developed means any parcel which has been altered by
grading or filling of the ground surface or by construction of any
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improvement or other impervious surface area which affects the hydraulic
properties of the parcel.
P. Parcel, single-family residential means any parcel of land with a single
detached building containing only one residential housing unit that is
completely separated from any other structure, except its own garage or
shed.
Q. Parcel, undeveloped means any parcel which has not been altered by
grading or filling of the ground surface, or by construction of any
improvements or other impervious surface area which affects the hydraulic
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properties of the parcel. CU
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R. Pollutant means anything that causes or contributes to pollution. E
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Pollutants may include, but are not limited to: oil and gas, paint, metals, U)
biological contamination, solvents, human and animal wastes, dirt and 00
sediment.
S. Rainwater harvesting system means a system that is properly sized
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to utilize the available roof surface on any new or remodeled commercial
building, which complies with the guidelines established by the Washington E
State Building Code Council for a harvesting system that collects and stores r
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rainwater for the purpose of supplying water to plumbing fixtures, industrial Q
applications, or used for irrigation purposes.
T. Retention means the storage of storm and surface water runoff with
no provisions for release of the stored water other than by evaporation, plant
transpiration and/or infiltration.
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U. Stormwater means any surface flow, runoff, and drainage consisting
of water from any form of natural precipitation, and resulting from such
precipitation.
V. Stormwater system means facilities through which stormwater is
collected, conveyed, or treated, including but not limited to inlets,
conveyance pipes, pumping facilities, retention and detention basins, water
quality facilities, drainage channels, infiltration facilities, and other drainage
structures.
W. Surface Water Design Manual means the manual of technical and
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administrative procedures established by the public works department CU
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which delineates methods to be used, the level of detail of analysis required, cn
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and other details for implementation of the provisions of this surface water E
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and drainage code. U)
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X. Waters of the state means those waters as defined as "waters of the
United States" in 40 CFR 122.2, within the geographic boundaries of the
state of Washington, and those "waters of the state" as defined in
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Chapter 90.48 RCW, which includes lakes, rivers, ponds, streams, inland
waters, underground waters, salt waters, and all other surface waters and E
watercourses within the jurisdiction of the state of Washington. a
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Y. Water quality standards means surface water quality standards -
Chapter 173-201A of the Washington Administrative Code (WAC),
groundwater quality standards - Chapter 173-200 WAC, and sediment
management standards - Chapter 173-204 WAC.
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Sec. 7.05.030. Storm and surface water utility created.
A. There is hereby created and established the storm and surface water
utility of the City of Kent under which the provisions of this chapter shall be
carried out.
B. The Director is authorized to administer, implement, and enforce the
provisions of this chapter. The Director may establish inspection programs
to ensure compliance with the requirements of this chapter and the Western
Washington Phase II Municipal Stormwater Permit.
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Sec. 7.05.040. Storm and surface water system. There is CU
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hereby specified and adopted the storm and surface water system shown on cn
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the city's geographic information system geodatabase (electronic maps). E
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A. Facility ownership. The utility owns all elements of the public storm co
and surface water system, including those systems located in public rights-
of-way and in easements or tracts dedicated to and accepted by the utility
to the extent that public ownership is indicated as a matter of record or by
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law. Maintenance responsibility may be delegated in a separate agreement.
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B. Accepting ownership of private facilities. The utility may accept r
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ownership (or other property rights) and maintenance responsibility for Q
privately built drainage facilities when all of the following conditions are met:
1. Ownership of the private drainage facility by the utility would
provide a public benefit;
2. Necessary and appropriate property rights are offered by the
property owner at no cost;
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3. The private drainage facility substantially meets current code
and engineering standards, as determined by the utility, or is brought up to
current code and engineering standards by the property owner;
4. The site has access for facility maintenance in accordance with
criteria provided in the code and the engineering standards;
5. The utility has adequate resources to maintain the facility;
6. In the case of runoff control or water quality facilities, the
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private drainage facility serves a residential subdivision or short plat (rather
than a commercial property or an individual single-family residence or in
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duplex); and E
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7. The private drainage facility is transferred to the utility by bill ti
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of sale at no cost to the city.
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Sec. 7.05.050. Drainage master plan adopted. The plan entitled
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City of Kent Drainage Master Plan prepared by the City, dated 2008, and
filed with the city clerk, a copy of which is maintained at the Public Works E
Department, is hereby specified and adopted by the City as the system or
plan for such surface drainage utility. The drainage master plan sets forth a
recommendations for:
A. Improvements in the city's system of storm and surface water
facilities;
B. Construction of needed new storm and surface water facilities; and
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C. Operation and maintenance of storm and surface water facilities
within the utility's service area.
Sec. 7.05.060. Compliance with city standards. All storm and
surface water systems, whether public or private, or whether upon private
or public property, shall be designed, installed, and maintained in strict
accordance with the Kent Surface Water Design Manual and the Kent Design
and Construction Standards and any other applicable city codes, standards,
and ordinances. All construction and maintenance of those systems shall be
subject to the inspection by the Director.
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Sec. 7.05.070. Permits required. A permit is required for all work
to construct, install, modify, place, or attempt to construct, install, modify, in
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or place any storm or surface water drainage structure or facility within the E
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city and must be obtained before any work begins. This section shall not be N
construed to duplicate any other existing city requirements.
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Sec. 7.05.080. Inspection of private drainage facilities.
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A. The Director is authorized to establish inspection programs to ensure
compliance with the requirements of this chapter and to accomplish its E
purposes. Inspection programs may be established on any reasonable basis,
including but not limited to: routine inspections; random inspections; Q
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other pollutant or pollutants; inspections of
businesses or industries of a type associated with higher than usual
discharges of pollutant or pollutants; and joint inspections with other
agencies inspecting under environmental or safety laws. Inspections may
include, but are not limited to: reviewing maintenance and repair records;
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sampling discharges, surface water, groundwater, and material or water in
drainage control facilities; screening for or tracking illicit discharges or illicit
connections; and evaluating the condition of drainage control and water
quality facilities and other Best Management Practices, including those
located on private property.
B. If upon inspection, it is determined that the facility contains pollutant
sources that are not mitigated adequately according to the Kent Surface
Water Design Manual and Kent City Code, notice may be given that pollutant
source control Best Management Practices must be constructed or
implemented for pollutant generating sources. Failure to implement Best
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Management Practices shall be a violation of this chapter.
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Sec. 7.05.090. Re-Inspection. E
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A. If a violation of this chapter or other applicable federal, state, or local CO
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code provision is discovered in an inspection, a re-inspection must be
requested after the violation has been corrected. Safe access to re-inspect
the corrective work must be provided.
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B. The Director may impose a re-inspection fee on any account for storm E
drainage facilities found not to be within compliance of this chapter. This
inspection fee shall be independent of any current or future penalties Q
enforced through this chapter. Re-inspection fees shall be applied if re-
inspection occurs beyond the normal routine of inspection and verification
of maintenance or correction of the function of the stormwater system or
facilities or nonstormwater discharges to the stormwater drainage system,
surface water bodies, or groundwater.
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Sec. 7.05.100. Entry onto premises. With the consent of the
owner of any premises, through permissions granted or pursuant to a
lawfully issued warrant, Public Works Department staff may enter any
premises at any reasonable time to perform the duties imposed by this
chapter. No consent, warrant, or permission is required to enter those areas
open to the public generally or to which no reasonable expectation of privacy
exists.
Sec. 7.05.110. Declaration of emergency. If an emergency
exists that could cause harm or damage to humans, property, or the
environment, the Director may authorize representatives of the utility or
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enforcement officers to take necessary abatement action, to conduct CU
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inspections, take remedial action, or to carry out other duties imposed or cn
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required by this code subject to the provisions of this chapter. E
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Sec. 7.05.120. System of charges. CO
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A. The following charges are hereby established for all parcels of real
property in the city:
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1. Single-family residential parcels. The single-family residential E
rate shall be as follows: r
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Charged in Dollars Per Month, Per Single-
Family Residential Dwelling
Effective January 1, Effective January 1, Effective January 1,
2019 2020 2021
$12.81 $13.03 $13.16
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2. Agricultural and undeveloped parcels. Agricultural parcels shall
be charged the monthly single-family residential parcel rate.
3. Undeveloped parcels. Undeveloped parcels shall not be
charged.
4. Other parcels.
a. The charge for all other parcels except single-family
residential parcels, agricultural parcels, and undeveloped parcels shall be
based upon:
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i. The total amount of impervious surface as cn
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expressed in equivalent service units (an equivalent service unit (ESU) has E
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been determined to be two thousand five hundred (2,500) square feet of U)
impervious surface or any fraction thereof); and co
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ii. The percentage of impervious surface area on
each parcel.
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b. The charge for all such parcels shall be computed: E
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i. By multiplying the total number of ESUs on each Q
parcel by the parcel's impervious multiplier established in subsection
(A)(4)(c) of this section; and
ii. Multiplying the results by the single-family
residential rate.
C. Impervious multipliers are hereby established:
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Packet Pg. 20
5.A.a
i.
Percentage of
impervious area
per parcel
(impervious
surface/total Impervious
surface x 100) multiplier
1 to 40 1
41 to 60 1.2
61 to 80 1.4
81to 100 1.6
ii. Impervious multipliers correlate the hydraulic 0
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impact of a parcel to its percentage of impervious surface per parcel. The 3
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multiplier for the average single-family residence is established as one (1). 06
The multiplier linearly increases as the percentage of impervious area
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increases. The final category has a multiplier of one and six-tenths (1.6) U'
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which reflects the hydraulic impact on the drainage system compared to the N
impact of an average single-family residence.
5. Road systems. The impervious surface area for city roads shall 0`
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be assessed thirty (30) percent of the charge established in subsection
E
(A)(4) of this section for impervious service areas.
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6. Undeveloped parcels shall be subject to all charges established
under this section upon development. Development shall be determined by
the date of issuance of a building permit or any other permit for development
purposes or as otherwise established by the Director.
B. Beginning January 1, 2018, and on the first day of each calendar year
thereafter, the total storm and surface water system of charges set forth in
this section will adjust by the Consumer Price Index (CPI), specifically the
14 Repeal and Replace Chapter
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5.A.a
CPI-W Seattle-Tacoma-Bellevue, measured from June 1st through June 1st
of the previous calendar year, if the CPI-W reflects an upward adjustment
from the previous annual June to June period. For the years 2018 through
2022 the adjustment will not exceed 2.4 percent of the total rate, but after
that, beginning January 1, 2023, any increase in the CPI will not be subject
to this 2.4 percent limit. In order to simplify the rate-making structure, the
Finance Director is authorized to amend the rate each year to reflect the CPI
adjustment.
Sec. 7.05.130. Measurement of impervious area. The Director
shall determine the number of square feet of impervious surface in all non
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single-family residential parcels, excluding agricultural and undeveloped CU
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parcels, and the total surface area of each parcel of real property, through cn
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the records of the King County assessor and through aerial photographic or E
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geographic information system methods; provided, that the methods used U)
ensure accuracy to one-tenth (0.1) of an equivalent service unit as defined 00
in this chapter.
Sec. 7.05.140. Billing and collection. Storm and surface water
0
utility charges for each parcel of real property within the city shall be
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computed on a monthly basis. The amount billed shall be included on the E
city utility bill. Drainage accounts within the city water and sewer service r
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area are billed monthly, as are commercial drainage accounts outside the Q
city water and sewer service area. Single family residential drainage
accounts outside the city water and sewer service area are billed on a
quarterly basis. All billings, collections, delinquencies, and related
administrative matters shall be handled in a manner consistent with Chapter
7.01 KCC.
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5.A.a
Sec. 7.05.150. Rate reductions — credits. At the direction of the
Director, the Finance Director shall reduce (credit) the normal storm and
surface water utility charge for a parcel of real property when the Public
Works Department finds:
A. The owner of a parcel, other than a single-family residential parcel,
has installed an approved onsite water quality or flow control facility which
exceeds the requirements set forth in the City of Kent Surface Water Design
Manual at the time of the development of such a parcel. No credit shall be
given for mitigating measures which are required to meet any ordinance,
regulation, other control, or standard established by the city, or the state.
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Such credits shall be commensurate with the mitigating effects so that the CU
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reduction in rates will be in approximate proportion to the reduction in run- cn
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off peak flows or pollutants. In no case shall such a credit result in a rate E
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less than the monthly charge for a single-family residential parcel. Such a U)
credit will remain in effect so long as: 00
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1. The owner of such a facility has obtained the proper permits
and constructed the system according to plans approved by the Director;
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2. The owner remains responsible for all costs of operation and E
maintenance of the facility consistent with city standards, whether operated r
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and maintained by the owner or by the City; Q
3. The Director has access for inspection of the facility to
determine if it is in compliance with design and maintenance standards and
is functioning properly; and
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5.A.a
4. The owner maintains the facility in accordance with the
operation and maintenance standards in the Kent Surface Water Design
Manual.
B. The owner or renter of a new or remodeled commercial building is
utilizing a permissive rainwater harvesting system, as defined in
KCC 7.05.020. In such cases, and in accordance with RCW 35.67.020 and
35.92.020, the owner or renter shall receive a credit equal to a minimum
ten (10) percent rate reduction. The Director will consider rate reductions in
excess of ten (10) percent depending upon the amount of rainwater
harvested.
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C. The owner or renter of a single-family residential parcel of real cn
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property qualifies under KCC 7.01.070 for lifeline utility rates. In such cases, E
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the qualifying customer shall receive a rate reduction of ninety (90) percent. U)
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Sec. 7.05.160. Drainage systems development charge.
A. The City shall assess and collect a drainage systems development
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charge against all new development or redevelopment in the amount of
$2,638.35 per ESU (2021 charge), as defined in KCC 7.05.120(A)(4). This E
drainage system development charge will increase annually, on the first day r
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of each calendar year, by an amount equal to the percentage increase in the Q
Construction Cost Index for Seattle-Tacoma-Bremerton for the twelve (12)
month period October 1st through September 30th of the previous calendar
year.
B. All drainage system development charges collected by the storm and
surface water utility shall be placed in a separate revenue account for the
storm and surface water utility.
17 Repeal and Replace Chapter
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5.A.a
Sec. 7.05.170. Mitigation of system impact — developer
contributions. The Public Works Department is hereby authorized to
require mitigation of impacts on storm water drainage facilities pursuant to
this chapter and Chapter 11.03 KCC in addition to the standard system
development charges in this chapter. Payment of a fair and equitable pro
rata portion of specific offsite storm and surface water drainage
improvements necessitated by new development may be required. Such
mitigation of offsite impacts shall be made in addition to any other
requirements of the City for onsite improvements, including system
development charges. All developer contributions shall be placed in a
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separate revenue account for the storm and surface water utility, earmarked CU
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for specific projects or improvements, and utilized solely for such purposes. cn
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Where a developer is required to completely finance offsite storm or surface E
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water drainage facilities, the developer may apply for a latecomer U)
agreement per Chapter 6.05 KCC. CO
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Sec. 7.05.180. Storm and surface water utility accounting. All
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monies obtained pursuant to this chapter shall be segregated, credited, and
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deposited to the credit of storm and surface water utility. The monies
deposited shall be expended only for administering, operating, maintaining, E
or improving storm and surface water drainage facilities, including all or any r
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part of the cost of planning, designing, financing, acquiring, constructing, Q
maintaining, repairing, replacing, improving, or operating present or future
storm and surface water drainage facilities owned by the utility. Monies shall
not be transferred to any other funds of the City except to pay for expenses
directly attributable to storm and surface water drainage.
18 Repeal and Replace Chapter
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5.A.a
Sec. 7.05.190. Appeals to land use hearing examiner. Any
owner who disputes the amount of a charge pursuant to this chapter or who
disputes any determination made by or on behalf of the City pursuant to and
by authority of this chapter may petition the hearing examiner in writing for
a hearing on a revision or modification of such charge or determination, no
later than twenty (20) days after having been billed for such charge or after
having been notified of such determination. The petition shall be filed with
the city clerk. At the time of filing of the appeal, the feepayer shall pay the
fee set by council resolution for City of Kent planning and land use fees,
"appeal of administrative interpretation/decision". The petition shall identify
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the property, describe all improvements or proposed improvements, and CU
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allege specific errors in a charge or the basis for the challenge of a cn
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determination. For purposes of this subsection, notice of determination shall E
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be effective upon the date of mailing, postage prepaid to the address of the U)
person seeking the determination. Notice of charges shall be the account CO
billing date; provided, that a reduction or increase in charges shall only be
allowed from that billing date forward, for which an appeal is filed. Pending
hearing and final decision, the owner shall pay current charges. Failure to
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pay current charges shall result in dismissal of the appeal by the hearing
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examiner. E
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Sec. 7.05.200. Violations and enforcements - penalties. Any Q
violation of any provision of this chapter may be enforced as provided for in
this section. Each separate date, or portion thereof, during which any
violation occurs shall constitute a separate violation.
A. Recovery of costs incurred by the City. In addition to any penalty
provided for in subsections (B) through (D) of this section, a person who
violates any of the provisions of this chapter shall be liable for all costs
incurred by the City as a result of the violation. The City will issue an invoice
19 Repeal and Replace Chapter
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5.A.a
to the person responsible for the violation advising him or her of the amount
of costs incurred by the City as a result of the violation. The person to whom
the invoice was directed must respond within fourteen (14) calendar days
of the date the invoice is served upon that person by: (1) paying the invoice,
(2) requesting a hearing before the City's hearing examiner to mitigate the
amount of the invoice, or (3) requesting a hearing before the City's hearing
examiner to contest the amount of the invoice. Failure to timely respond
shall result in the invoice being deemed valid and the City may seek
collection of the invoice through the process provided for in Chapter 3.10
KCC, including the use of a collection agency. Payment of any invoice issued
shall not alleviate the person responsible for the violation from complying
with this chapter.
1. Service of notice. Service of an invoice issued under this Oa
subsection (A) shall occur and is deemed complete in the same manner and E
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under the same provisions as provided for in KCC 1.04.060. �?
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2. Process to mitigate or contest invoice. The process through
which a person may request a hearing to contest or mitigate an invoice U
issued to him or her as a person responsible for the violation is the same as
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that provided for notices of violation under KCC 1.04.120 through 1.04.190. 0
The hearing examiner's decision as to any invoice issued under this
subsection (A) is final and may not be further appealed.
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3. Failure to pay - Civil infraction. The failure to timely pay an
invoice issued under this subsection (A), or any mitigated invoice amount
set by the hearing examiner, is a separate violation that may be enforced
through the issuance of a civil infraction pursuant to subsection (B) of this
section.
B. Civil infraction. A person who violates any provision of this chapter
may be issued a class 1 civil infraction as set forth in RCW 7.80.120, as
currently enacted or hereafter amended. An infraction issued pursuant to
20 Repeal and Replace Chapter
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5.A.a
this section shall be filed in the Kent Municipal Court and processed in the
same manner as other infractions filed in the Kent Municipal Court. In
addition, a civil code enforcement action may be instituted in accordance
with subsection (C) of this section to effectuate any abatement or corrective
action required by the person as a result of the violation.
C. Civil code enforcement. In addition to, or as an alternative to, any
other penalty provided for in this chapter or by law, a civil code enforcement
action may be instituted under the provisions provided for in Chapter 1.04
KCC to effectuate any abatement or corrective action required as a result of
a violation of this chapter, including the issuance of a stop use or stop work
order under KCC 1.04.090 through 1.04.110. The process through which Q
the person responsible for the violation may contest a stop use or stop work
order is the same as that provided for notices of violation under KCC Ca
1.04.120 through 1.04.190. Failure to timely abate the violation or take the E
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required corrective action will result in the issuance of a fine in accordance
00
with KCC 1.04.080 and 1.04.200, which fine will be separate and apart from r
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any fine that may have been issued under subsection (B) of this section. W
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D. Criminal offense. Except as may otherwise be provided, a person
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who: 0
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1. Negligently violates a provision of this chapter is guilty of a
misdemeanor, punishable by up to the maximum penalty established in Q
RCW 9A.20.021(3) as now enacted or hereafter amended; or who
2. Knowingly violates a provision of this chapter, or commits a
repeated violation of this chapter, is guilty of a gross misdemeanor,
punishable by up to the maximum penalty established in RCW
9A.20.021(2), as now enacted or hereafter amended.
a. For purposes of this section repeated violation means,
as evidenced by either a prior committed finding by the Kent Municipal Court
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5.A.a
of an infraction issued under this chapter, or a committed finding by the
hearing examiner of a notice of violation issued under Chapter 1.04 KCC, or
a committed finding by operation of law under KCC 1.04.130, that a
violation of this chapter has occurred on the same property or that a person
responsible for the violation has committed a violation of this chapter
elsewhere within the City of Kent. To constitute a "repeat violation," the
violation need not be the same violation as the prior violation.
3. If a person is found guilty of a criminal offense as provided for
in this subsection (D), or pleads guilty to another offense on
recommendation of the prosecutor, the court shall order the defendant pay
restitution to the City of Kent, or any other victim of the offense, for the
total suffered loss or damage by reason of the commission of the crime. 3
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E. Business License Revocation. In addition to any other penalty E
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imposed, the director may seek revocation of a business license held by the U)
person or business related to a violation of this chapter pursuant to Chapter co
5.01 KCC.
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7.05.210. Joint and several responsibility. Responsibility for
E
violations of this chapter is joint and several, and the City is not prohibited 0`
from taking action against a party where other persons may also be
potentially responsible for a violation, nor is the City required to take action
against all persons potentially responsible for a violation. Q
SECTION 3. - Repeal. Chapter 7.07 of the Kent City Code, entitled
"Surface Water and Drainage Code," is hereby repealed in its entirety.
SECTION 4. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
22 Repeal and Replace Chapter
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5.A.a
SECTION 5. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 6, - Effective Date. This ordinance shall take effect and be
in force thirty (30) days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved 3
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ATTEST: E
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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Date Published
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APPROVED AS TO FORM: a
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ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY
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Summary of Changes to Kent City Code Chapters 7.05 and 7.07
Sec. 7.05.020 Definitions Update definitions to be consistent with current stormwater technology,
regulations, and terminology.
Sec. 7.05.040 Storm and Surface Water System Describe the composition of the City of Kent stormwater system. Indicate when City
will assume ownership and maintenance of stormwater systems.
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Sec. 7.05.080 Inspection of Private Drainage Facilities Clarify City inspection programs for private stormwater systems. Require
installation of stormwater best management practices, including structural controls,
to prevent discharqes of pollutants. Cn
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Sec. 7.05.120 Stormwater Utility Rates Update Update and make minor changes related to annual inflationary adjustments. o
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Sec. 7.05.200 Enforcement Mechanism Update Enforcement mechanisms updated to be consistent with other code sections and 00
reference KCC Section 1.04 Code Enforcement. rn
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Sec. 7.07 Remove Redundant Standards Repeal 7.07 because these standards are contained in the adopted Kent Surface
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Water Design Manual and Kent Design and Construction Standards.
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Packet Pg. 31
5.B
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5500
DATE: February 7, 2022
TO: Public Works Committee
SUBJECT: Mill Creek at 76th Avenue Flood Protection Improvements -
Drainage Easement, Utility Easement, and Temporary
Construction Easement - Authorize
MOTION: I move to authorize the Mayor to sign a settlement agreement
along with all documents necessary for the acquisition of a Drainage
Easement, Utility Easement, and a Temporary Construction Easement on
portions of property owned by MIREF Mill Creek, LLC, located at 22114 76t"
Ave. S. (APN 775980-0150) for an amount not to exceed $155,050.00,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY: The City will be constructing the Mill Creek at 761" Ave. S. Flood
Protection Improvements Project (the "Project") following issuance of federal and
state permits. The goal of the Project is to improve Mill Creek's conveyance
capacity, thereby reducing flood risk through the 761" Ave. S. industrial corridor.
The Project requires that the City acquire from MIREF Mill Creek, LLC ("MIREF") a
Drainage Easement, a Utility Easement, and a Temporary Construction Easement
on portions of MIREF's property located at 22114 761" Ave. S. (APN 775980-0150)
("Property").
MIREF has signed a settlement agreement accepting the City's negotiated offer of
$27,800 for a 2,776 square foot drainage easement, $27,500 for a 2,745 square
foot utility easement, and $40,100 for a 27,807 square foot Temporary
Construction Easement for a six -month period, and $59,650 in compensation for
damages to the Property, for a combined total of $155,050.
BUDGET IMPACT: $155,050 from the Mill Creek at 76th Avenue Flood Protection
Improvements Project Fund
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 32
5.B
ATTACHMENTS:
1. MIREF-SETTLEMENT AGREEMENT + EXHIBITS (PDF)
Packet Pg. 33
5.B.a
SETTLEMENT AGREEMENT
Mill Creek at 76th Ave. Flood Improvements Project
City of Kent Project Number: 20-3028
Owner: MIREF Mill Creek, LLC
King County Tax Parcel Number(s): 77S980-0150 0
0.
Address: 22114 76th Ave. S., Kent, WA 98032 E
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This Settlement Agreement ("Agreement") is between the City of Kent, a Washington
municipal corporation ("City"), and MIREF Mill Creek, LLC, a Delaware Limited c
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Liability Company ("MIREF"). a.
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Background a
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A. MIREF owns real property ("Property") located 22114 76T" Ave. S., Kent, WA
98032. ~
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B, To accommodate the City Mill Creek at 7611 Ave. Flood Improvements Project
("Project"), the City must acquire from MIREF the following property and/or
property rights (collectively the "Easements"):
M
i. A temporary construction easement over a 27,807 square foot portion M
of the Property as described on the attached Exhibit A and depicted on y
Exhibit A-1 ("TCE"); m
H. A drainage easement over a 2,776 square foot portion of the Property x
as described on the attached Exhibit. B and depicted on Exhibit B-1 w
("Drainage Easement"); and
iii. A utility easement over a 2,745 square foot portion of the Property as
described on the attached Exhibit C and depicted on Exhibit C-1 w
("Utility Easement").
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C. The Parties have completed negotiations, and desire to fully settle all claims w
pertaining to the Property as a result of the Project. w
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Now, therefore, the parties agree as follows: w
Agreement w
1. Nature of Agreement. The parties agree on the following as full and final
settlement of the City's acquisition of property rights and payment of damages
for the Property regarding the Project.
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Settlement Agreement - Page 1 of 4
Packet Pg. 34
5.B.a
1.1 Property Rights, MIREF will execute the documents described in this
Section 1.1 (the "Easement Documents"), granting to the City the
Easements on the terms described therein, within five business days of
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the full execution and delivery of this Agreement and the ROE
Agreement (as defined below):
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i. The TCE over a 27,807 square foot portion of the Property for a six- E
month period, attached as Exhibit D; rc
ii, The Drainage Easement over a 2,776 square foot portion of the
Property, attached as Exhibit E; and 0
iii. The Utility Easement over a 2,745 square foot portion of the Property, 'D
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attached as Exhibit F. c
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1.2 Payment. The City will pay MIREF the amount of $155,050 (the a
"Easement Payment") within fourteen days of mutual execution of the
Settlement Agreement and MIREF's execution and delivery of the
Easement Documents to the City. MIREF acknowledges that the
transaction contemplated by this Settlement Agreement is expressly
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conditioned upon the City of Kent City Council's prior authorization. -
Fallowing MIREF's receipt of the Easement Payment, the City shall, at
its sole cost and expense, cause the Easement Documents to be
recorded in the real property records of King County, Washington. M
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1.3 Improvements to the Property. The City shall, at its sole cost and in
expense in addition to (and not inclusive ❑f) the Easement Payment, x
complete the following improvements to the Property: w
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i. Prior to commencing any work with respect to the Project that will LU
impact the parking stalls on the Property, the City shall stripe parking w
stalls to temporarily replace parking stalls impacted during construction.
These temporary stalls are to be placed in a location acceptable to
MIREF. w
ii. The City will remove remaining trees, irrigation and grass, and will install w
cobble/gravel rock across the frontage of 761" Ave S., within the
temporary construction easement. W
iii. The City and MIREF shall enter into a Right of Entry Agreement in the w
form attached as Exhibit G (the "ROE Agreement"), to provide the City
with the access needed to facilitate the City's completion of the
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improvements described in Section 1.3(ii) above, as well as raising the
existing monument sign on the frontage of the Property following the
completion of the Project to maintain the visibility of such monument _
sign. Q
Settlement Agreement - Page 2 of 4
Packet Pg. 35
5.B.a
iv. The City's contractor will provide traffic control on 7611, Ave S. during
construction of the Project and will assist in providing access between
the roadway and the Property when work occurs within and adjacent to
the Property. 0'0
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2. Additional Compensation for Impacted Parking, E
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2.1 The City and MIREF acknowledge and agree that: a
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i. During the period of construction of the Project, a total of 43 parking o
stalls (the "Impacted Parking Stalls"), consisting of 17 parking stalls for 0
passenger vehicles near the north driveway of the Property and 21
parking stalls for passenger vehicles near the south driveway of the a
Property (the "Standard Parking Stalls"), and five trailer parking stalls
(the "Trailer Parking Stalls"), will be unusable by MIREF and the tenants
of the Property as a direct result of the Project; and
ii. The Easement Payment includes, in part, compensation for the inability
for MIREF to use the Impacted Parking Stalls during the estimated six- _
month construction period for the Project.
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2,2 If the City is unable to complete the Project within the Construction
Period, then, for each month or portion thereof following the expiration CO
of the Construction Period through the actual completion date of the m
Project, the City shall pay MIREF for the continued inability to use the w
Impacted Parking Stalls (collectively, the "Additional Parking +
Payment"); w
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i. $100 per month for each of the Standard Parking Stalls; and
ii. $250 per month for each of the Trailer Parking Stalls. a
2.3 The Additional Parking Payment is in addition to the Easement Payment w
and shall be paid within 30 days after the Project is completed and has w
been accepted by the City of Kent City Council. The Additional Parking
Payment for any partial month shall be prorated on the number of days LU
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in such month.
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3. Successors and Assigns. This Agreement shall bind and inure to the benefit of
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the parties and their respective successors and assigns.
4. Amendment. This Agreement may only be amended in writing, signed by all
parties. Q
Settlement Agreement - Page 3 of 4
Packet Pg. 36
5.B.a
S. Severability. If any term, covenant, condition or provision contained in this
Agreement is determined to be invalid, voided or otherwise unenforceable, by
any court of competent jurisdiction, such determination shall in no way affect
the validity or enforceability of any other term, covenant, condition, or ;
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provision contained in this Agreement. a
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6. Counterparts. This Agreement may be executed in counterparts and/or r0
transmitted electronically, and copies so executed or transmitted will be L)
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deemed originals. °
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7. Entire Agreement. This Agreement, together with all exhibits constitutes the 0
entire agreement between the parties with respect to the subject matter of
this agreement. This Agreement is specifically intended by the parties to Q
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supersede all prior agreements whether written or oral.
8. Construction. This Agreement is a product of negotiations between the parties
and has been jointly drafted and approved by each Party. For these reasons,
the rules of construction of ambiguities against the drafter shall not apply. _
9. Effective Date. This Agreement shall become effective on the last date signed r
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below.
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CITY OF KENT MIREF MILL CREEK LLC w
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Title: Title: Q CC ce e n 4 0
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Settlement Agreement - Page 4 of 4
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EXHIBIT A
TAX LOT 7759800150
TEMPORARY CONSTRUCTION EASEMENT c
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THAT PORTION OF TRACTS 15 AND 16, SHINN'S VALLEY HOME ADDITION TO KENT, 0
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 22, 0.
RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE SOUTHWEST QUARTER E
OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 EAST, 0
W.M., DESCRIBED AS FOLLOWS;
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COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 15, THENCE ALONG THE a`
SOUTH LINE THEREOF S88026'31"E 131.00 FEET TO A POINT ON A LINE THAT IS 131.00 0
FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE WEST LINE .2
OF SAID TRACTS 15 AND 16, SAID POINT BEING THE POINT OF BEGINNING; THENCE
ALONG SAID PARALLEL LINE, N40*58'38"E 187.19 FEET; THENCE N89°01'22"W 10 1.00 a
FEET TO A LINE THAT IS 30.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT
ANGLES, FROM THE WEST LINE OF SAID TRACTS 15 AND 16, THENCE ALONG SAID
PARALLEL LINE, N00°58'38"E 227.07 FEET; THENCE S89001'22"E 85.00 FEET TO A LINE c
THAT IS 115.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM
THE WEST LINE OF SAID TRACTS 15 AND 16; THENCE ALONG SAID PARALLEL LINE, v
NO❑"58'38"E 114.00 FEET TO THE NORTH LINE OF SAID TRACT 16; THENCE ALONG SAID
NORTH LINE, N88a26'31"W 95.00 FEET TO THE EAST MARGIN OF 76TH AVE S; THENCE
ALONG SAID EAST MARGIN, SOO°58'38"W 418.28 FEET; THENCE LEAVING SAID EAST c,)
MARGIN, S43051'05"E 156.42 FEET TO THE SOUTH LINE OF SAID TRACT 15; THENCE o
ALONG SAID SOUTH LINE S88026'31"E 0.72 FEET TO THE POINT OF BEGINNING.
CONTAINING 27,807 SQUARE FEET, MORE OR LESS. m
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THIS IS NOT A SURVEY.IT IS
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LIABILITY IS ASSUMED BY REASON OF
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MIREF
TEMPORARY CONSTRUCTION
LOCATED IN THE SW 114 OF THE SE EASEMENT
114 OF SEC 12,TOWNSHIP 22 N, KENT DRAWN BY: TLM v
RANGE 4 E,W.M. EXHIBIT r
CITY OF KENT SCALE: 1"=100' Q
LAND SURVEY SECTION JDATE. 6/23/2021 A-1
Packet Pg. 39
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EXHIBIT S
TAX LOT 7759800150
DRAINAGE EASEMENT
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THAT PORTION OF TRACT 15, SHINN'S VALLEY HOME ADDITION TO KENT, ACCORDING E
TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 22, RECORDS OF o
KING COUNTY, WASHINGTON, LOCATED IN THE SOUTHWEST QUARTER OF THE 0.
SOUTHEAST QUARTER OF SECTION 12,TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., E
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DESCRIBED AS FOLLOWS; G
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COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 15, THENCE ALONG THE
SOUTH LINE THEREOF S88026'31"E 20.00 FEET TO THE POINT OF BEGNNING, SAID a
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POINT BEING ON A LINE THAT IS 40.00 FEET PARALLEL WITH, WHEN MEASURED AT o
RIGHT ANGLES, FROM THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION c
12; THENCE ALONG SAID PARALLEL LINE N00°58'38"E 74.36 FEET;THENCE S43051'05"E
105.91 FEET TO THE SOUTH LINE OF SAID TRACT 15; THENCE ALONG SAID SOUTH a
LINE N88026'31"W 74.67 FEET TO THE POINT OF BEGINNING.
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CONTAINING 2,776 SQUARE FEET, MORE OR LESS.
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114 OF SEC 12,TOWNSHIP 22 N. KENT DRAWN BY: TLM EXHIBIT
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CITY OF KENT SCALE: 1"=50' r
LAND SURVEY SECTION DATE: 0911212019
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EXHIBIT C
TAX LOT 7759800150
UTILITY EASEMENT
THAT PORTION OF TRACT 15, SHINN'S VALLEY HOME ADDITION TO KENT, ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 22, RECORDS OF o
KING COUNTY, WASHINGTON, LOCATED IN THE SOUTHWEST QUARTER OF THE E
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., c
DESCRIBED AS FOLLOWS;
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COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 15, THENCE ALONG THE o
SOUTH LINE THEREOF S88°26'31"E 20.00 FEET TO A LINE THAT IS 40.00 FEET a
PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID c
SOUTHEAST QUARTER OF SECTION 12; THENCE ALONG SAID PARALLEL LINE u-
N00°58'38"E 74.36 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID PARALLEL LINE N00058'38"E 35.46 FEET; THENCE S43051'05"E 135.06 FEET TO A a
LINE THAT IS 15.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM
THE SOUTH LINE OF SAID TRACT 15; THENCE ALONG SAID PARALLEL LINE
N88026'31"W 35.61 FEET; THENCE N43°51'05"W 84.55 FEET TO THE POINT OF
BEGINNING.
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CONTAINING 2,745 SQUARE FEET, MORE OR LESS. —
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UTILITY EASEMENT E
LOCATED IN THE SW 114 OF THE SE
1A OF SEC 12,TOWNSHIP 22 N, KENT DRAWN BY: TLM L)
RANGE 4 E,W.M. CITY OF KENT SCALE: 1"=50' EXHIBIT
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SURVEY SECTION DATE: 1 211 51202 1-LANDC-1
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EXHIBIT D
AFTER RECORDING MAIL TO:
City Clerk
City of Kent
220 4th Avenue South E
Kent, WA 98032 >
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Grantor: MIREF Mill Creek LLC 0
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Grantee: City of Kent o
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Abbreviated Legal Description: Ptn. Trct 15, 16, Shinn's Valley Home, Vol 7. Pg 22 0
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Additional Legal Description on: Exhibit "A"
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Assessor's Tax Parcel ID No. 77598 -0150 STR:_ 12-22-4
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Project: Mill Creek at 76th Ave Flood Protection Im 08-3019 PW2017-004
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Temporary Construction Easement
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EASEMENT granted this day of 2021, by MIREF Mill Creek, LLC, a
Delaware limited liability company ("Grantor") to CITY OF KENT, a Washington municipal
corporation ("Grantee" or"City"). o
Grantor, for and in consideration of Ten Dollars and No/100 ($10.00) and/or other co
valuable consideration, receipt of which is hereby acknowledged, grants to Grantee, its m
successors and/or assigns, in lieu of condemnation, a temporary easement, including X
reasonable rights of ingress and egress, through and across a portion of tax parcel w
775980-0150, also known as 22114 76th Ave. S., Kent, WA, specifically described in +
Exhibit A and graphically depicted in Exhibit B, (the "Easement Area"), to be used only z
during construction of improvements in conjunction with the Mill Creek at 76th Flood
Protection Improvements Project ("Project"). w
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The temporary construction easement and right of entry shall commence on the a
date of first entry onto the Property by Grantee, its agents or contractors, for purposes
of commencing construction of the Project (the "Commencement Date"), and shall w
continue during construction of the Project for a period of six (6) months thereafter (such w
six (6) month period being referred to herein as the "Term"). -J
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The City shall have the right, without prior institution of any suit or proceeding U)
at law, at such times as may be reasonably necessary during the Term, to enter upon w
the Easement Area for the purpose of construction of improvements pursuant to the
Project by licensed contractors in a workmanlike manner at the City's sole cost and
expense, provided that the construction of these improvements shall be accomplished
in such a manner that the existing improvements on the Property shall not be E
disturbed or destroyed, or if they are disturbed or destroyed, they will be replaced in
as good a condition as they were immediately before the Property was entered upon Q
Temporary Construction Easement Page 1 of 5
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by the City. In addition, the City shall use commercially reasonable efforts to avoid
interfering with Grantor's normal course of business on Grantor's adjacent property
as the City exercises its rights hereunder, provided, however, in no event shall the
City materially and unreasonably impede or obstruct pedestrian and/or vehicular
ingress and egress on, or to and from, Grantor's property. E
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The City shall at all times exercise its rights under this temporary construction 0.
easement and right of entry in accordance with the requirements of all applicable E
statutes, orders, rules and regulations of any public authority having jurisdiction. c
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Grantor agrees not to interfere with the City's rights under this easement.
Interference includes, but is not limited to, creating any obstructions that would impede a
the City's ingress and egress or access to the Easement Area. 'D
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To the extent permitted by law, the City shall protect, defend, indemnify and save U-
harmless Grantor and Grantor's agents, officers, contractors, subcontractors, suppliers >
and employees, from any and all costs, expenses, claims, actions, suits, liability, loss,
judgments, attorneys' fees and/or awards of damages arising out of or in any way
resulting from the intentional misconduct and/or negligent acts of the City and/or its
agents, officers contractors, subcontractors and employees with respect to the Project
and/or the City's exercise of its rights pursuant to this agreement. If such costs,
expenses, claims, actions, suits, liability, loss, judgments, attorneys' fees and/or awards
of damages are caused by, or result from, the concurrent negligence of the parties, or —
their respective agents, officers, contractors, subcontractors and employees, this
paragraph shall be valid and enforceable only to the extent of the negligence of the City
and its agents, officers, contractors, subcontractors and employees. The foregoing M
indemnity is specifically and expressly intended to constitute a waiver of the indemnifying CO
party's immunity under Washington Industrial Insurance Act, RCW Title 51, with respect I--
to the indemnifying party only, and only to the extent necessary to provide the 00
indemnified party with a full and complete indemnity of claims made by the indemnitor's X
employees. The parties acknowledge that these provisions were specifically negotiated w
and agreed by them. z
The rights granted by Grantor to the City under this agreement are for the limited w
purpose of allowing the City temporary entry on to the Property for construction of the w
Project. Nothing herein shall be construed as a permanent conveyance of a real property
interest from Grantor to the City. a
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Temporary Construction Easement Page 2 of 5
Packet Pg. 45
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GRANTOR:
MIREF Mill Creek, LLC,a Delaware limited
liability Company
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GRANTEE: °
City of Kent, a Washington municipal '0
corporation °o
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(Notary Acknowledgments on Fallowing Pages)
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Temporary Construction Easement Page 3 of 5
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ACKNOWLEDGMENT
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A notary public or other officer completing this 0
certificate verifies only the identity of the individual 0.
who signed the document to which this certificate is E
attached, and not the truthfulness, accuracy, or o
validity of that document.
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State of California °
County of a
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Ort xw-+ �l Zb--?,L before me, &Y� M - i i>b l► t! >
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personally appeared , 1
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)istare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. —
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing CV)
paragraph is true and correct. o
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WITNESS my hand and official seal. JOAN CKINSCH H
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San Francisco cc�nsy =
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My Corm.Expires a g 34.2M17; W
Signature (Seal) Z
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STATE OF WASHINGTON }
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COUNTY OF KING } E
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I certify that I know or have satisfactory evidence that is the 0.
person who appeared before me, and said person acknowledged that he/she signed this E
instrument, on oath and stated that he/she was authorized to execute the instrument and o
acknowledge it as the of MIREF Mill Creek, LLC, a
Delaware limited liability company, to be the free and voluntary act of such party for the c
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uses and purposes mentioned in the instrument. a
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-Notary Seal Must Appear Within This Box- ti
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IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
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year first above written. —_
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NOTARY PUBLIC, in and for the State M
of Washington, residing at �
My appointment expires m_
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Temporary Construction Easement Page 4 of 5
Packet Pg. 48
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STATE OF WASHINGTON }
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COUNTY OF KING }
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I certify that I know or have satisfactory evidence that Dana Ralph is the person E
who appeared before me, and said person acknowledged that she signed this instrument, o
on oath stated that she was authorized to execute the instrument and acknowledged it a
as the Mayor of the City of Kent to be the free and voluntary act of such party for the E
uses and purposes mentioned in the instrument. c
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Dated:
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-Notary Seal Must Appear Within This Box- O
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IN WITNESS WHEREOF. I have hereunto set my hand and official seal the day and
year first above written. Q
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Printed Name:
NOTARY PUBLIC, in and for the State
of Washington, residing at C,)
My appointment expires o
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Temporary Construction Easement Page 5 of 5
Packet Pg. 49
5.B.a
EXHIBIT A
TAX LOT 7759800150
TEMPORARY CONSTRUCTION EASEMENT c
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THAT PORTION OF TRACTS 15 AND 16, SHINN'S VALLEY HOME ADDITION TO KENT, 0
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 22, 0.
RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE SOUTHWEST QUARTER E
OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 EAST, 0
W.M., DESCRIBED AS FOLLOWS;
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COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 15, THENCE ALONG THE a`
SOUTH LINE THEREOF S88026'31"E 131.00 FEET TO A POINT ON A LINE THAT IS 131.00 0
FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE WEST LINE 0
OF SAID TRACTS 15 AND 16, SAID POINT BEING THE POINT OF BEGINNING; THENCE
ALONG SAID PARALLEL LINE, N00-58-38"E 187.19 FEET; THENCE N89°01'22"W 101.00 a
FEET TO A LINE THAT IS 30.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT
to
ANGLES, FROM THE WEST LINE OF SAID TRACTS 15 AN 16; THENCE ALONG SAID
PARALLEL LINE, N00°58'38"E 227.07 FEET; THENCE S89001'22"E 85.00 FEET TO A LINE m
THAT IS 115.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM
THE WEST LINE OF SAID TRACTS 15 AND 16; THENCE ALONG SAID PARALLEL LINE,
N00058'38"E 114.00 FEET TO THE NORTH LINE OF SAID TRACT 16; THENCE ALONG SAID _
NORTH LINE, N88°26'31"W 95.00 FEET TO THE EAST MARGIN OF 76TH AVE S; THENCE
ALONG SAID EAST MARGIN, S00°58'38"W 418.28 FEET; THENCE LEAVING SAID EAST
MARGIN, S43°51'05'E 156.42 FEET TO THE SOUTH LINE OF SAID TRACT 15; THENCE o
ALONG SAID SOUTH LINE S88026'31"E 0.72 FEET TO THE POINT OF BEGINNING.
CONTAINING 27,807 SQUARE FEET, MORE OR LESS. m
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THIS IS NOT A SURVEY.IT IS
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LIABILITY IS ASSUMED BY REASON OF
Project#08-3019 RELIANCE HEREON.
MIREF r
TEMPORARY CONSTRUCTION
LOCATED IN THE SW 114 OF THE SE EASEMENT E
114 OF SEC 12,TOWNSHIP 22 N, KENT DRAWN BY: TLM v
RANGE 4 E,W.M. EXHIBIT
SCALE T'=100' Q
CITY OF KENT :
LAND SURVEY SECTION DATE: fi12312021 B
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EXHIBIT E
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WHEN RECORDED RETURN TO: E
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City Clerk 0.
City of Kent E
220 Fourth Avenue South c
Kent, Washington 98032 r
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Grantor: MIREF Mill Creek LLC a
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Grantee: City of Kent LL
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Abbreviated Legal Description: Ptn. Trct 15 Shinn`s Valley Home Vol 7. P . 22 a
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Additional Legal Description on: Exhibit "A"
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Assessor's Tax Parcel ID No. 775980-0150 STR:_12-22-4
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Project: Mill Creek at 7Wh Ave Flood Protection Im 08-3019 PW2017-004 =
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STORM DRAINAGE FACILITY AND co
ACCESS EASEMENT
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EASEMENT granted this day of , 2021, by MIREF X
Mill Creek, LLC, a Delaware limited liability company ("Grantor"), to City of Kent, a w
Washington municipal corporation ("Grantee" or"City"):
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Grantor, for and in consideration of Ten Dollars and No/100 ($10.00) and/or w
other valuable consideration, receipt of which is hereby acknowledged, grants to wW
Grantee, its successors and/or assigns, in lieu of condemnation, a perpetual,
nonexclusive storm drainage facility and access easement under, over, through and a
across the property situated in King County, Washington, specifically described in z
Exhibit "A" and graphically depicted in Exhibit "B" (the "Easement Area"). Grantor
agrees that this easement touches and concerns the land described in Exhibit A, and J
that this easement shall run with the land.
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The City shall have the right at all times, without prior institution of suit or LL
proceeding at law, but upon at least three (3) business days prior notice to Grantor, w
except in the event of an emergency, to enter the Easement Area and access
immediate adjacent areas with the necessary equipment and personnel for the purpose
of inspecting, maintaining, improving, repairing, constructing, and reconstructing the
storm drainage facility at the City's sole cost and expense; provided, however, that the E
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Storm Drainage Facility and Access Easement Page 1 of 5
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inspection, maintenance, improvement repair, construction and reconstruction of the
storm drainage facility shall be accomplished by licensed contractors in a workmanlike
manner in compliance with all applicable laws, rules, regulations and ordinances, and
shall be completed with diligence and in a manner that minimizes disruption to
Grantor's property; and provided further, that in no event shall the City materially and E
unreasonably impede or obstruct pedestrian and/or vehicular ingress and egress on, or o
to and from, Grantor's property. �.
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When exercising its rights under this easement, the City will avoid damaging any c
private improvements existing within or adjacent to the Easement Area and the City will
restore private improvements if damaged by Grantee's actions to as good condition as c
they were immediately before the Easement Area was entered upon by the City. a
The City shall, at its sole cost and expense, maintain and repair the storm °o
drainage facility and all related equipment from time to time as the City deems LL
reasonably necessary or appropriate. a
Grantor agrees not to interfere with City's rights under this easement.
Interference includes, but is not limited to, creating any obstructions that would impede
the City's ingress and egress or access to the Easement Area, physically modifying the
Easement Area, or preventing proper use of the storm drainage facility.
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To the extent permitted by law, the City shall protect, defend, indemnify and
save harmless Grantor and Grantor's agents, officers, contractors, subcontractors,
suppliers and employees, from any and all costs, expenses, claims, actions, suits,
liability, loss, judgments, attorneys' fees and/or awards of damages arising out of or in M
any way resulting from the intentional misconduct and/or negligent acts of the City CO
and/or its agents, officers contractors, subcontractors and employees with respect to I--
the Project and/or the City's exercise of its rights pursuant to this agreement. If such
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awards of damages are caused by, or result from, the concurrent negligence of the +
parties, or their respective agents, officers, contractors, subcontractors and employees, z
this paragraph shall be valid and enforceable only to the extent of the negligence of the w
City and its agents, officers, contractors, subcontractors and employees. The foregoing w
indemnity is specifically and expressly intended to constitute a waiver of the w
indemnifying party's immunity under Washington Industrial Insurance Act, RCW Title a
51, with respect to the indemnifying party only, and only to the extent necessary to
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ACKNOWLEDGMENT
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EXHIBIT A
TAX LOT 7759800150
DRAINAGE EASEMENT
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THAT PORTION OF TRACT 15, SHINN'S VALLEY HOME ADDITION TO KENT, ACCORDING E
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SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., E
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DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 15, THENCE ALONG THE c
SOUTH LINE THEREOF S88926'31"E 20.00 FEET TO THE POINT DF BEGINNING, SAID a
POINT BEING ❑N A LINE THAT IS 40.00 FEET PARALLEL WITH, WHEN MEASURED AT o
RIGHT ANGLES, FROM THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION
12; THENCE ALONG SAID PARALLEL LINE N00*58'38"E 74.36 FEET; THENCE S43051'45"E
105.91 FEET TO THE SOUTH LINE OF SAID TRACT 15; THENCE ALONG SAID SOUTH a
LINE N88026'31"W 74.67 FEET TO THE POINT OF BEGINNING.
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CONTAINING 21776 SQUARE FEET, MORE OR LESS,
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LAND SURVEY SECTION DATE: 09/1212019 1Q
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EXHIBIT F
WHEN RECORDED RETURN TO:
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City of Kent
220 Fourth Avenue South 0
Kent, Washington 98032 0.
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Grantor: MIREF Mill Creek LLC a.
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Grantee: City of Kent LL
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Abbreviated Legal Description: Ptn. Trct 15, Shinn's Valley Home Vol 7, Pg 22 a
Additional Legal Description on: Exhibit "A"
Assessor's Tax Parcel ID No. 775980-0150 STR:. 12-22-4
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Project: Mill Creek at 76rh Ave Flood Protection Imri 08-3019 PW2017-004
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UTILITY EASEMENT
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EASEMENT granted this day of 2021, by MIREF Mill Creek, m
LLC, a Delaware limited liability company ("Grantor"), to City of Kent, a Washington x
municipal corporation. ("City"). w
Grantor, for and in consideration of Ten Dollars and No/144 ($10.00) and/or w
other valuable consideration, receipt of which is hereby acknowledged, grants to City, 2
its successors and/or assigns, in lieu of condemnation, a perpetual easement for a w
watermain with necessary appurtenances and other related utilities, including use of
incidental areas immediately adjacent for the installation, operation, maintenance, a
extending, construction, altering, reconstructing and repair over, through, under, w
across and upon the property situated in King County, Washington, specifically
described in Exhibit "A" and graphically depicted in Exhibit "B" (the "Easement w
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Area"). Grantor agrees that this easement touches and concerns the land described
in Exhibit A, and that this easement shall run with the land. (n
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City shall have the right at times as may be necessary, without prior institution
of suit or proceeding at law, but upon at least three (3) business days prior notice to
Grantor, except in the event of an emergency, to enter the Easement Area and
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immediate adjacent areas with the necessary equipment for the purposes of altering,
installation, operation, maintenance, extending, constructing, repair and
reconstructing of the watermain and other related utilities at City's sole cost and
expense; provided that the alteration, installation, operation, maintenance,
extension, construction, repair and reconstruction of the watermain and other related E
utilities shall be accomplished by licensed contractors in a workmanlike manner in o
compliance with all applicable laws, rules, regulations and ordinances, and in such a
manner that the private improvements existing within this Easement Area, including E
incidental areas, and the operation of Grantor's business therefrom, shall not be o
disturbed, destroyed or disrupted in any form or fashion, or in the event they are
disturbed, destroyed and/or disrupted, they will be replaced in as good a condition as o
they were immediately before the property was entered upon by City; and provided a.
further, that in no event shall City materially and unreasonably impede or obstruct o
pedestrian and/or vehicular ingress and egress on, or to and from, Grantor's U-
property.
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City shall, at its sole cost and expense, maintain and repair the watermain and
other related utilities and all related equipment from time to time as City deems
reasonably necessary or appropriate. Y
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Grantor shall retain the right to use the surface of the Easement Area including ci
incidental areas so long as Grantor's use does not interfere with the uses described
herein. Under no circumstances shall any permanent structures be placed or erected
in the Easement Area. o
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Grantor shall not change the surface grades, except as approved in advance by CO
City (which approval shall not be unreasonably withheld, conditioned or delayed), in ~
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any manner that would unreasonably interfere with ingress, egress and access by =
City or adversely affect the existing utility and/or the utility to be installed therein. w
To the extent permitted by law, the City shall protect, defend, indemnify and z
save harmless Grantor and Grantor's agents, officers, contractors, subcontractors and
employees, from any and all costs, expenses, claims, actions, suits, liability, loss, w
judgments, attorneys' fees and/or awards of damages arising out of or in any way W
resulting from the intentional misconduct and/or negligent acts of the City and/or its a
agents, officers contractors, subcontractors and employees with respect to the Project z
and/or the City's exercise of its rights pursuant to this agreement. If such costs, w
expenses, claims, actions, suits, liability, loss, judgments, attorneys' fees and/or w
awards of damages are caused by, or result from, the concurrent negligence of the
parties, or their respective agents, officers, contractors, subcontractors and LU
employees, this paragraph shall be valid and enforceable only to the extent of the LL
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employees. The foregoing indemnity is specifically and expressly intended to
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Insurance Act, RCW Title 51, with respect to the indemnifying party only, and only to
the extent necessary to provide the indemnified party with a full and complete
indemnity of claims made by the indemnitor's employees. The parties acknowledge
that these provisions were specifically negotiated and agreed by them.
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This Easement shall be a covenant running with the land forever and shall be 0
binding on Grantor's successors, heirs, and assigns. 0.
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GRANTEE:
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ACKNOWLEDGMENT
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A notary public or other officer completing this 0
certificate verifies only the identity of the individual 0.
who signed the document to which this certificate is E
attached, and not the truthfulness, accuracy, or o
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persons), or the entity upon behalf of which the person(s)acted, executed the instrument. —
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I certify that I know or have satisfactory evidence that is the E
person who appeared before me, and said person acknowledged that they signed this o
instrument, on oath stated that they are authorized to execute the instrument and 0.
acknowledged it as the of MIREF Mill Creek, LLC, a Delaware limited E
liability company, to be the free and voluntary act of such parry for the uses and o
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STATE OF WASHINGTON }
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I certify that I know or have satisfactory evidence that Dana Ralph is the person E
who appeared before me, and said person acknowledged that she signed this instrument, o
on oath stated that she was authorized to execute the instrument and acknowledged it as 0.
the Mayor of the City of Kent to be the free and voluntary act of such party for the uses E
and purposes mentioned in the instrument.
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EXHIBIT A
TAX LOT 7759800150 v^,
UTILITY EASEMENT
THAT PORTION OF TRACT 15, SHINN'S VALLEY HOME ADDITION TO KENT,ACCORDING o
TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 22, RECORDS OF a
KING COUNTY, WASHINGTON, LOCATED IN THE SOUTHWEST QUARTER OF THE E
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., c
DESCRIBED AS FOLLOWS;
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COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 15, THENCE ALONG THE 0
SOUTH LINE THEREOF S88°26'31"E 20.00 FEET TO A LINE THAT IS 40.00 FEET a
PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID c
SOUTHEAST QUARTER OF SECTION 12; THENCE ALONG SAID PARALLEL LINE L-
N00°58'38"E 74.36 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID PARALLEL LINE N00°58'38"E 35.46 FEET; THENCE S43051'05"E 135.06 FEET TO A a
LINE THAT IS 15.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM
THE SOUTH LINE OF SAID TRACT 15; THENCE ALONG SAID PARALLEL LINE
N88°26'31"W 35.61 FEET; THENCE N43°51'05"W 84.55 FEET TO THE POINT OF
BEGINNING.
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CONTAINING 2,745 SQUARE FEET, MORE OR LESS.
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LAND SURVEY SECTION DATE: 12/15/2021 F'
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EXHIBIT G
RIGHT OF ENTRY AGREEMENT
THIS INSTRUMENT is made this day of , 2021, by
and between MIREF Mill Creek, LLC, a Delaware limited liability company
("Owner"), and the City of Kent, a municipal corporation (the "City"'). E
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Owner owns a fee simple and/or has a substantial beneficial interest in
the following described real property: 22114 76t" Ave. S., Kent, WA 98032, E
Tax Lot: 775980-0150 ("Property"); .0
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City desires a temporary Right of Entry Agreement to enter upon and 0
have access to the Property for the purpose of removal and installation of a
vegetation and irrigation, to add striping for temporary parking spaces, and to 0
make sign adjustments ("Activity"); LL
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AGREEMENT
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1. In consideration of City's performance of the agreements L
expressed in this instrument, Owner hereby conveys and warrants a temporary
Right of Entry on the Property to City, its agents and employees, subject to
and conditioned upon the terms, Conditions and covenants in this Agreement,
which the City hereby promises to faithfully and fully observe and perform. o
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2. This Right of Entry shall commence on the date of this instrument
and terminates on the date the Activity is completed. m
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3. City shall indemnify and hold Owners harmless from and against w
any and all loss and damages caused by the Activity under this instrument or +
any wrongful or negligent act or omission of its agents or employees in the w
course of their employment with the City. w
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4. City shall exercise its rights under this Agreement so as to
minimize, and avoid if reasonably possible, interference with Owner's use of a
the Property. City shall at all times conduct its activities on Owner's property z
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so as not to interfere with, obstruct or endanger Owner's activities and 2
improvements. �
OWNER: CITY OF KENT: LU
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PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: February 7, 2022
TO: Public Works Committee
SUBJECT: Frager Sewer Pump Station Supply Agreement - Authorize
MOTION: I move to authorize the Mayor to sign the contract with JWC
Environmental Inc., in the amount of $103,494, for the Frager Sewer Pump
Station Project, subject to final terms and conditions acceptable to the
Public Works Director and City Attorney.
SUMMARY: The project includes supplying sewer grinder and open channel frame
for the Frager sewer pump station. The equipment is designed to shred rags,
wipes, diapers, clothing and other disposable, non-dispersible items that commonly
clog sewage pumps, into small enough pieces that they will not clog pipes or
pumps.
BUDGET IMPACT: This project is fully funded by Sanitary Sewer Utility fund.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
ATTACHMENTS:
1. JWC Environmental Agreement (PDF)
Packet Pg. 69
5.C.a
400�1.0�.
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KENT
W A s H-T o N
GOODS & SERVICES AGREEMENT
between the City of Kent and
JWC Environmental Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation E
(hereinafter the "City"), and JWC Environmental Inc. organized under the laws of the State of Delaware, L
located and doing business at 2850 S. Red Hill Avenue, Suite 125, Santa Ana, CA 92705, Phone: (949) Q
833-3888, Contact: Rob Sabol (hereinafter the "Vendor").
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AGREEMENT °
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I. DESCRIPTION OF WORK. °
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The Vendor shall provide the following goods and materials and/or perform the following services a
for the City: E
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The Vendor shall supply sewer grinder, motor, controls, and channel frame for the Frager
Sewer Pump Station. For a copy of the Vendor's proposal, see Exhibit A which is attached
and incorporated by this reference.
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The Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these goods, a
materials, and services through other sources.
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II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall E
complete the work and provide all goods, materials, and services by December 31, 2022. o
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III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred w
Three Thousand, Four Hundred Ninety Four Dollars ($103,494), including applicable Washington State
Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the
Vendor the following amounts according to the following schedule: c
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Vendor shall be paid after delivery of the equipment listed in Exhibit A.
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GOODS & SERVICES AGREEMENT - 1
(Over$20,000, including WSST) Packet Pg. 70
5.C.a
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the Vendor 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.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the ,
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the E
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goods, materials or services from other sources, and the Vendor shall be liable to the City T
for any additional costs incurred by the City. "Additional costs" shall mean all reasonable Q
costs, including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these a
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor. o
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL Cn
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT 0
IS MADE. a
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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:
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A. The Vendor has the ability to control and direct the performance and details of its eo
work, the City being interested only in the results obtained under this Agreement. T.-
B. The Vendor maintains and pays for its own place of business from which the Vendor's
services under this Agreement will be performed.
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C. The Vendor has an established and independent business that is eligible for a a,
business deduction for federal income tax purposes that existed before the City a
retained the Vendor's services, or the Vendor is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement. c
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D. The Vendor is responsible for filing as they become due all necessary tax documents c
with appropriate federal and state agencies, including the Internal Revenue Service w
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the Vendor's E
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
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F. The Vendor 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.
GOODS & SERVICES AGREEMENT - 2
(Over$20,000, including WSST) Packet Pg. 71
5.C.a
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the
requested change. If the City determines that the change increases or decreases the Vendor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to
agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall
proceed with the amended work upon receiving either a written amendment from the City or an oral order
from the City before actually receiving the written amendment. If the Vendor fails to require an ,
amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent
amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable E
adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the T
adjustment as provided in subsections A through E of Section VIII, Claims, below.
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The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate a
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the
Vendor as provided in this section shall constitute full payment and final settlement of all claims for o
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change. Cn
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VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or M
failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, a
flood, or other natural disaster or acts of government ("force majeure event"). Performance that is 3
prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both c1w
parties represent to the other that at the time of signing this Agreement, they are able to perform as
required and their performance will not be prevented, hindered, or delayed by the current COVID-19
pandemic, any existing state or national declarations of emergency, or any current social distancing Ui
restrictions or personal protective equipment requirements that may be required under federal, state, or eo
local law in response to the current pandemic. o
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If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in a,
performance and, provided, that the party prevented or delayed has not caused such event to occur and Q
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the
obligation.
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Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City °
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any c
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. w
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
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If a force majeure event occurs, the City may direct the Vendor to restart any work or E
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the Q
extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Vendor.
VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
GOODS & SERVICES AGREEMENT - 3
(Over$20,000, including WSST) Packet Pg. 72
5.C.a
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ,
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
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A. Notice of Claim. Provide a signed written notice of claim that provides the following Q
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1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
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3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate Cn
was determined; and 0-
5. An analysis of the progress schedule showing the schedule change or =
disruption if the Vendor is asserting a schedule change or disruption. a
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B. Records. The Vendor shall keep complete records of extra costs and time incurred as a
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result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
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The City will evaluate all claims, provided the procedures in this section are followed. If the eo
City determines that a claim is valid, the City will adjust payment for work or time by an o
equitable adjustment. No adjustment will be made for an invalid protest.
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C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
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D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination). c
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E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this c
section, the Vendor completely waives any claims for protested work and accepts from the w
City any written or oral order (including directions, instructions, interpretations, and �
determination).
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IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING E
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. Q
X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and the Vendor's representations to City. The
Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or
GOODS & SERVICES AGREEMENT - 4
(Over$20,000, including WSST) Packet Pg. 73
5.C.a
should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the
existence or discovery of the defect. In the event any part of the goods are repaired, only original
replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected,
the warranty for that portion of the work shall extend for an additional year beyond the original warranty
period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7)
calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the
corrections within a reasonable time as determined by the City, the City may complete the corrections and
the Vendor shall pay all costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the ,
Vendor or sub-contractor 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 E
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is qualified and available to perform the work to which the employment relates.
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The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy 2,
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the a
attached Compliance Statement.
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XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers,
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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 Vendor's 0-
performance of this Agreement, except for that portion of the injuries and damages caused by the City's =
negligence. a
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The City's inspection or acceptance of any of the Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION ui
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL "
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INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES o
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
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In the event the Vendor 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 Vendor's part, then the a,
Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and Q
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful
refusal on the Vendor's part.
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The provisions of this section shall survive the expiration or termination of this Agreement. 0
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XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, w
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this �
reference.
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XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary E
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 the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to Q
materials, tools, or other articles used or held for use in connection with the work.
XV. 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.
GOODS & SERVICES AGREEMENT - 5
(Over$20,000, including WSST) Packet Pg. 74
5.C.a
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 E
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's ;v
right to indemnification under Section XII of this Agreement. Q
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at a
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 o
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. Cn
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E. Assignment. Any assignment of this Agreement by either party without the written consent E
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, a
the terms of this Agreement shall continue in full force and effect and no further assignment shall be 3
made without additional written consent.
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4,F. Modification. No waiver, alteration, or modification of any of the provisions of this a)
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Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and the Vendor.
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G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail. a
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H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's c
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of °
the performance of those operations. c
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I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may a
be subject to public review and disclosure, even if those records are not produced to or possessed by the E
City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and
obligations under the Public Records Act.
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J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
GOODS & SERVICES AGREEMENT - 6
(Over$20,000, including WSST) Packet Pg. 75
5.C.a
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR: CITY OF KENT:
By: By:
Print Name: Print Name: Dana Ralph ;v
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Its Its Mayor 21
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DATE: DATE:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: in
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VENDOR: CITY OF KENT:
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Rob Sabol Chad Bieren, P.E. 3
JWC Environmental Inc. City of Kent U)
2850 S. Red Hill Avenue, Suite 125 220 Fourth Avenue South
Santa Ana, CA 92705 Kent, WA 98032
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(949) 833-3888 (telephone) (253) 856-5500 (telephone) eo
(714) 242-0240 (facsimile) (253) 856-6500 (facsimile) o
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APPROVED AS TO FORM: c
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Kent Law Department Q
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ATTEST:
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Kent City Clerk W
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JWC Environmental-Frager Sewer PS/Araucto E
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GOODS & SERVICES AGREEMENT - 7
(Over$20,000, including WSST) Packet Pg. 76
5.C.a
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.
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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. Q
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the 1
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;
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The questions are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2. a
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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.
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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 o
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and E
promotion of women and minorities.
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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
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By signing below, I agree to fulfill the five requirements referenced above.
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By:
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For: E
Title:
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Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3 Packet Pg. 77
5.C.a
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
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POLICY: a
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Q.
Equal employment opportunity requirements for the City of Kent will conform to federal and cn
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee o
equal employment opportunity within their organization and, if holding Agreements with the City 2
amounting to $10,000 or more within any given year, must take the following affirmative steps:
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1. Provide a written statement to all new employees and subcontractors indicating a
commitment as an equal opportunity employer.
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2. Actively consider for promotion and advancement available minorities and women. U)
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract -o
and subject to suspension or termination for all or part of the Agreement. o
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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. E
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these a
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. o
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EEO COMPLIANCE DOCUMENTS - 2 of 3 Packet Pg. 78
5.C.a
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.
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I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime L
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contractor for the Agreement known as that was entered into on a
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the (date), between the firm I represent and the City of a
Kent. `r-
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I declare that I complied fully with all of the requirements and obligations as outlined in the City E
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
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By.
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For:
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Title:
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EEO COMPLIANCE DOCUMENTS - 3 of 3 Packet Pg. 79
EXHIBIT A
The undersigned hereby proposes to provide all new and undamaged equipment, hardwa
labor, materials and supplies to perform the service as specified in this contract (see SPECIAL
PROVISIONS - OPEN-CHANNEL GRINDERS AND CHANNEL FRAME - GRINDING AND SHREDDING
EQUIPMENT - 2-INCH HEX SHAFT GRINDER WITH INTEGRATED ROTATING SCREEN) for the
following fees:
Bidder's Name' JWC Environmental Inc.
Item APPROX Description Unit Total
UANTITY Price
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1 1 Sewer Grinder, Motor, Controls, and Channel Frame $ 94,000 $ 94,000
LUMP SUM FOB Destination Per LS E
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Sub Total $ _ _ 94,000 _ o
10.1% Sales Tax $ 9,494
Total Bid $ 103,494
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JWC Environmental Inc.
Company Submitting Proposal E
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Authorized Signature Rob Sabol-Corporate Secretary
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Note: Contractor must submit a firm proposal for the contract term(s). 0
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Packet Pg. 80
5.C.a
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor 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 E
by the Contractor, their agents, representatives, employees or
subcontractors. Q
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Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below: o
1. Commercial General Liability insurance shall be written on ISO in
occurrence form CG 00 01 and shall cover liability arising from E
premises, operations, independent contractors, products-completed a
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an 3
insured under the Contractor's Commercial General Liability U)
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 it 85 or a
substitute endorsement providing equivalent coverage. U_
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2. Workers' Compensation coverage as required by the Industrial o
Insurance laws of the State of Washington.
Minimum Amounts of Insurance
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Contractor shall maintain the following insurance limits: a
1. Commercial General Liability insurance shall be written with limits no
less than $2,000,000 each occurrence, $2,000,000 general E
aggregate and a $2,000,000 products-completed operations o
aggregate limit.
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Other Insurance Provisions w
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The insurance policies are to contain, or be endorsed to contain, the following r
provisions for Automobile Liability and Commercial General Liability
insurance: E
1. The Contractor's insurance coverage shall be primary insurance as respect Q
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
Packet Pg. 81
5.C.a
EXHIBIT B (Continued)
2. The Contractor'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 E
of the contractor and a copy of the endorsement naming the City as ;v
additional insured shall be attached to the Certificate of Insurance. The Q
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall also a
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 c
limits of the insurer's liability.
D. Acceptability of Insurers a
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Insurance is to be placed with insurers with a current A.M. Best rating of not a.
less than ANII. 3
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E. Verification of Coverage `2
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Contractor 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 T-
the Contractor before commencement of the work. M
F. Subcontractors a
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Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor. a
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
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5.D
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: February 7, 2022
TO: Public Works Committee
SUBJECT: South 212th Street Preservation Interlocal Agreement -
Authorize
MOTION: I move to authorize the Mayor to sign a Reimbursement
Agreement with King County for design and construction of the South 212t"
Street (Green River Bridge to Orillia Road/City Limits) Pavement
Preservation Project within King County's right-of-way, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: The scope of work for the project includes full width grinding and
asphalt overlay of South 212t" Street between the Green River Bridge and Orillia
Rd, including the portion of the street located within King County's right-of-way.
The project will also include pavement repairs, pavement markings, curb and gutter
repairs, and improvements to existing ADA curb ramps. King County agrees to
reimburse the City to perform the overlay work within its right-of-way through this
agreement.
BUDGET IMPACT: Budget will be established to accept the funds and submit to
reimbursement from King County.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. 212th Reimbursement Agreement (PDF)
Packet Pg. 83
5.D.a
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF KENT AND KING COUNTY
REGARDING THE DESIGN AND CONSTRUCTION OF SOUTH 212TH STREET
This INTERLOCAL AGREEMENT("ILA")is made by and between King County(the"County")
and the City of Kent, a municipal corporation of the State of Washington (the "City"). Together E
the County and the City are sometimes referred to herein as the "Parties" and individually as a
"Party" a
RECITALS c
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A. The City has a project to design and construct the pavement rehabilitation on South 212"
Street from Green River Bridge to Orillia Road("Project"). c
B. The full road right-of-way at South 212th Street is in the limits of the City; and the right - y
of-way at the west end of the Project (west of 42nd Ave South) lies both within the limits of the 2
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City and County. a
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C. The City is willing and able to design and construct the Project. The County has agreed to Cn
reimburse the City for all actual costs to design and construct the Project within the County's right- N
of-way, including the costs of construction management. N
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D. The Parties can achieve cost savings and benefits in the public's interest by having the City in
design and construct the Project.
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E. The Parties are authorized by Chapter 39.34 RCW to enter into an interlocal cooperation
agreement of this nature. c
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NOW, THEREFORE, the Parties agree as follows: i
AGREEMENT a
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1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to set forth the terms, N
conditions and roles and obligations of the Parties.
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2. SCOPE OF WORK. The scope of work for the Project includes full width grinding and
asphalt overlay of South 212t1i Street between the Green River Bridge and Orillia Rd
(including the part of the street located within the County's right-of-way between these N
limits).The project will also include pavement repairs,pavement markings,curb and gutter
repairs, and improvements to existing ADA curb ramps. The plans and specifications for E
the Project are attached as Exhibit A.
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3. CITY RESPONSIBILITIES. The City shall provide the necessary engineering, Q
administrative, inspection, clerical and other services necessary for the execution of the
Project.
3.1 Design and Permitting. The City shall provide the engineering design plans for the
Interlocal Agreement Between the City of Kent and King County
Regarding the Design and Construction of South 212th Street-Page 1 of 6
Packet Pg. 84
5.D.a
Project. The City will perform all design and engineering services for the Project
in accordance with all applicable standards and with consultation with the County.
The City will apply for and be issued the permits necessary to construct the Project.
3.2 Public Outreach. The City shall carry out all public outreach regarding the Project.
3.3 Contract Administration.
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3.3.1 Project Bidding and Award.
The City shall prepare the contract bid documents and advertise the Project. The a
City shall provide the County with a copy of the construction documents and the
bid documents. The City shall award the contract to the lowest responsible bidder
for the Project subject to applicable laws and regulations. The City shall provide
bid tabulations to the County upon request. c
3.3.2 Project Construction.
The County shall be invited to attend the preconstruction meeting. The City will
notify the County when the Project construction begins and will keep the County a`
advised as to the progress of the Project. The City shall not order or approve any
changes in the approved Project design which substantially change the nature of theCn
Project (within the County's right-of-way) without first consulting the County for
approval. N
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3.4 Project Inspection. At the completion of the Project, both parties shall perform a c
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mutual final inspection of the Project.The County may provide a written deficiency
list (for the area within the County's right-of-way) to the City within five (5)
business days after the final inspection of the Project. The City's contractor will
remedy the deficiencies necessary to ensure that the Project features within the
County right-of-way comply with the approved engineering design plans,all permit E
conditions, project specifications or applicable City and County standards. Final i
project acceptance will be by the City as the lead agency of the Project. a
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4. COUNTY RESPONSIBILITIES.
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4.1 Review of Project Plans. The County shall review the plans and specifications
prepared by the City regarding work within the County's right-of-way prior to the
City advertising the Project and may provide comments to the City no later than ten
(10)business days after receipt of the plans and specifications. N
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4.2 Request for Changes. The County shall notify the City, in writing, of any changes
to the plans and specifications the County proposes for the portion of the Project E
located within the County's right-of-way. The parties shall jointly determine a
whether any changes requested by the County will be implemented. The County Q
shall be financially responsible for those requested changes. This County financial
responsibility will be in addition to the County's financial obligation as described
in Section 5.
Interlocal Agreement Between the City of Kent and King County
Regarding the Design and Construction of South 212th Street-Page 2 of 6
Packet Pg. 85
5.D.a
4.3 Permits and Right-of-Entry.
4.3.1 The County hereby grants the City right-of-entry into the corporate limits
of the County for the purpose of performing any and all tasks necessary to
complete the Project.
4.4 Inspection During Construction. The County may inspect the Project to ensure
proper compliance with the approved engineering design plans and any permit E
conditions during construction of the Project. The County shall advise the City of
any deficiencies noted during its inspections. The County's inspector shall not a
communicate directly with or instruct the City's contractor directly on any matters
regarding contract performance.
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4.5 Costs. The County shall be responsible for all costs associated with the Project c
(within the County's right-of-way).
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5. PAYMENT.
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5.1 Reimbursement by the County. The County will reimburse the City for all actual
costs incurred by the City related to the Project(within the County's right-of-way), Cn
including all direct and indirect costs. M
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5.2 Invoice. The City shall invoice the County within 30 days after the execution of
this agreement for the Project costs, and invoice monthly for incurred costs. The c
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County shall pay the City no later than 30 days after the County receives the City's
invoice, with one percent per month interest being charged to the County as a o
delinquent charge, starting 30 days after the billing date.
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6. DURATION/TERMINATION.
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6.1 Duration of Agreement. This Agreement shall remain in effect until final a
acceptance of the Project and payment by the County of all monies due from the
County to the City subject to the early termination provisions in Section 6.2 and
6.3.
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6.2 Termination with Notice. If expected or actual funding from sources other than the
County and the City is withdrawn, reduced or limited in any way prior to the
completion of the Project,either Party may,with 30 days'written notice to the other N
Party, terminate this Agreement. `"
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6.3 Termination Prior to Completion. If the County terminates this Agreement prior to E
completion, it shall reimburse the City for all actual costs incurred by the City a
related to the Project (within the County's right-of-way), prior to the termination Q
date. For purposes of this section, the termination date shall be 30 days after the
date written notice was provided.
Interlocal Agreement Between the City of Kent and King County
Regarding the Design and Construction of South 212th Street-Page 3 of 6
Packet Pg. 86
5.D.a
7. FORCE MAJEURE. The City's performance under this Agreement shall be excused
during any period of force majeure. Force majeure is defined as any condition that is
beyond the reasonable control of the City, including but not limited to, natural disaster,
severe weather conditions, contract disputes, labor disputes, epidemic, pandemic, delays
in acquiring right-of-way or other necessary property or interests in property, permitting
delays, or any other delay resulting from a cause beyond the reasonable control of the
City.
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8. DISPUTE RESOLUTION.
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8.1 Informal Resolution. In the event of a dispute between the Parties regarding this
Agreement, the Parties shall attempt to resolve the matter informally. °
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8.2 Formal Resolution Process. If the Parties are unable to resolve the matter c
informally, the matter shall be decided by the Public Works Director of the City
and the Director of the King County Road Services Division. If the Parties are
unable to reach a mutual agreement, either Party may refer the matter to non-
binding mediation. Each Party will be responsible for its own costs for mediation a`
and shall share the costs of the mediator equally.
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8.3 Continuing Performance. Unless otherwise expressly agreed to by the Parties in M
writing,both the City and the County shall continue to perform all their respective N
obligations under this Agreement during the resolution of the dispute.
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8.4 Governing Law and Venue. This Agreement shall be interpreted in accordance
with the laws of the State of Washington in effect on the date of execution of this o
Agreement. In the event that either Party deems it necessary to institute legal action
or proceedings to enforce any right or obligation under this Agreement,the Parties
agree that any such action or proceedings shall be brought in a court of competent E
jurisdiction situated in Kent, King County, Washington. i
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9. INDEMNIFICATION. To the extent permitted by law, each Party to this Agreement
shall protect, defend, indemnify, and save harmless the other Party, and its officers,
officials, employees, and agents, while acting within the scope of their employment, from
any and all costs, claims, demands,judgments, damages, or liability of any kind including
injuries to persons or damages to property, which arise out of, in any way result from, or
are connected to negligent acts or omissions by or on behalf of the indemnifying party in
the exercise of its rights and obligations pursuant to this Agreement. N
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The City agrees that it is fully responsible for, and that its indemnity and defense
obligations extend to, claims arising out of the negligent acts and omissions of its E
contractor, its contractor's subcontractors, and their employees and agents, acting within
the scope of their employment. Both Parties agree that they are responsible for the acts Q
and omissions of their own employees. No Party shall be required to indemnify, defend,
or save harmless the other Party if the claim, suit, or action for injuries, death, or damages
is caused by the negligence of the Party seeking indemnification. Where such claims, suits,
or actions result from concurrent negligence of the Parties, the indemnity provisions
Interlocal Agreement Between the City of Kent and King County
Regarding the Design and Construction of South 212th Street-Page 4 of 6
Packet Pg. 87
5.D.a
provided herein shall be valid and enforceable only to the extent of a Parry's own
negligence. Provided that,the County's indemnity and defense obligations shall not extend
to claims for injuries to persons or property occurring outside of the right-of-way area.
Each Party agrees that its obligations under this indemnification section extend to any
claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or
agents. For this purpose, each Parry, by mutual negotiation, hereby waives, with respect
to the other Party only, any immunity that would otherwise be available against such E
claims under the industrial insurance provisions of Title 51 RCW.
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In the event of any claims, demands, actions and lawsuits, the indemnifying Parry upon
prompt notice from the other Party shall assume all costs of defense thereof,including legal
fees incurred by the other Parry,and of all resulting judgments that may be obtained against
the other Party. In the event that either Party incurs attorney fees, costs, or other legal c
expenses to enforce the provisions of this section, all such fees, costs and expenses shall
be recoverable by the prevailing Party.
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This indemnification shall survive the expiration or earlier termination of this Agreement. a`
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10. INSURANCE. The City certifies that it is fully self-insured for its liability exposures. To
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the extent that an incident arising out of the negligence of the City in the performance of M
this Agreement occurs,the City's self-insured program will respond. The City shall require N
its contractor to include King County as an additional insured under its general liability
and automobile liability policies, and to name King County as an indemnified party c
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pursuant to, and prior to engagement in, any Project work.
11. AUDITS AND INSPECTIONS. The records and documents pertaining to all matters
covered by this Agreement shall be retained and be subject to inspection, review, or audit
by the City or the County during the term of this Agreement and for three (3) years after E
termination.
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12. ENTIRE AGREEMENT AND AMENDMENTS. This Agreement contains the entire
written agreement of the Parties and supersedes any and all prior oral or written
representations or understandings.
13. INVALID PROVISIONS. If any provision of this Agreement shall be held invalid, the E
remainder of the Agreement shall not be affected if such remainder would then continue to
serve the purposes and objectives of the Parties. N
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14. OTHER PROVISIONS. The headings in this Agreement are for convenience only and
do not in any way limit or amplify the provisions of this Agreement. E
15. NO THIRD-PARTY RIGHTS. Nothing contained herein is intended to, nor shall be Q
construed to, create any rights in any third party, or to form the basis for any liability on
the part of the Parties to this Agreement, or their officials, officers, employees, agents or
representatives, to any third party.
Interlocal Agreement Between the City of Kent and King County
Regarding the Design and Construction of South 212th Street-Page 5 of 6
Packet Pg. 88
5.D.a
16. WAIVER OF BREACH. Waiver of any breach of any provision of this Agreement shall
not be deemed to be a waiver of any prior or subsequent breach and shall not be construed
to be a modification of the terms of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latest date
written below.
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KING COUNTY CITY OF KENT E
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King County Executive City Mayor
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Date Date
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Approved as to Form Approved as to Form
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King County Deputy Prosecuting City of Kent Law Department N
Attorney
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Interlocal Agreement Between the City of Kent and King County
Regarding the Design and Construction of South 212th Street-Page 6 of 6
Packet Pg. 89
5.E
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: February 7, 2022
TO: Public Works Committee
SUBJECT: INFO ONLY: South 224th Street Project Phase 3 PSE Schedule
74 Underground Conversion Design Agreement
SUMMARY: The South 224t" Street Phase 3 project will continue the widening of
the 224t" Street Corridor from 94t" Place South to 99t" Avenue South. The work
consists of widening the roadway to include a turn lane, widened shoulders, curb,
gutter, sidewalk and planter strip. The project will also construct a roundabout at
981h Ave S. and S. 216t" St.
To complete the project, existing overhead utilities, including Puget Sound Energy
(PSE) power and telecommunications, need to be undergrounded in accordance
with the City's utility undergrounding ordinance. The City is planning a joint utility
trench contract to underground the utilities in advance of construction. The City is
requesting design plans and reimbursement agreements from each of the utility
companies wishing to participate. The agreement with PSE will require an
agreement according to Schedule 74 Underground Conversion Agreements. As the
design of the project moves forward, agreements will come to this committee for
recommendation to Council for approval.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 90
5.F
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: February 7, 2022
TO: Public Works Committee
SUBJECT: INFO ONLY: 2022 Asphalt Overlay Program
SUMMARY: Staff will present the 2022 roadway preservation project locations for
both contracted and in-house work.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 91
5.G
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: February 7, 2022
TO: Public Works Committee
SUBJECT: INFO ONLY: 2022 PSRC Transportation Grant
SUMMARY: Staff will present options for the upcoming Puget Sound Regional
Council transportation grant opportunities.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 92