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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 03/07/2022 Public Works Committee • Monday, March 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 823 0573 9601 Chair Brenda Fincher Councilmember Satwinder Kaur Councilmember Marli Larimer ************************************************************** 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 February 7, YES Chair 05 MIN. 2022 Minutes 5. Business YES 1. SCADA Communication YES Ron Halverson 05 MIN. Equipment Agreement with Accu-Comm, Inc. - Authorize 2. Milwaukee II Levee YES Cheryl Rolcik-Wilcox 05 MIN. Improvements Project - Amendment to Contract for Property Negotiation and Relocation Services - 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 March 7, 2022 3. INFO ONLY: Upcoming NO Cheryl Rolcik-Wilcox 05 MIN. Public Hearing and Council Action to Declare Property Surplus and to Remove Restrictive Covenant 4. Property Dedication YES Cheryl Rolcik-Wilcox 05 MIN. Ordinance - Adopt 5. INFO ONLY: Downey NO Cheryl Rolcik-Wilcox 05 MIN. Farmstead Side Channel Salmon Habitat Restoration Project - Relinquishment of three easements and removal of restrictive covenants on City property - Hearing set for March 15, 2022 6. INFO ONLY: Republic NO Kelly Peterson 15 MIN. Services Tony Donati 6. Adjournment Chair 4.1 Pending Approval Public Works Committee KENT CC PW Regular Meeting WA9H... Minutes February 7, 2022 Date: February 7, 2022 Time: 4:00 p.m. Place: Chambers Attending: Brenda Fincher, Committee Chair Satwinder Kaur, Councilmember Marli Larimer, Councilmember N d Agenda: 1. Call to Order 4:00 p.m. o 2. Roll Call 'o L Councilmember Larimar joined the meeting via Zoom at 4:15 p.m. a Attendee Name Title Status Arrived a Brenda Fincher Committee Chair Present o Satwinder Kaur Councilmember Present N Marli Larimer Councilmember Present o N 3. Agenda Approval as 4. Approval of Minutes - 1. Approval of Minutes dated January 3, 2022 a Councilmember Larimar joined the meeting via Zoom at 4:15 p.m. MOTION: Move to approve the Minutes dated January 3, 2022 c RESULT: APPROVED [UNANIMOUS] m MOVER: Satwinder Kaur, Councilmember SECONDER: Brenda Fincher, Committee Chair a N AYES: Fincher, Kaur ABSENT: Larimer 5. Business A. Storm and Surface Water Utility Ordinance - General Update of KCC 7.05 and 7.07 - Adopt Conservation Coordinator, Evan Swanson gave a brief summary of the storm and surface water utility, noting that 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 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page I of 5 Packet Pg. 3 4.1 Public Works Committee CC PW Regular Meeting February 7, 2022 Minutes Kent, Washington 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. As a requirement of the 2019-2024 municipal National Pollutant Discharge Elimination System (NPDES) permit, mandated by the Washington State Department 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 structural L controls if needed to protect water quality. The proposed updates to the code a support these new requirements. Q The proposed ordinance also updates the enforcement provisions to be o consistent with other portions of Kent City Code. N N The proposed ordinance eliminates KCC Chapter 7.07. This chapter includes N 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. a� This ordinance has been reviewed under the State Environmental Policy Act a (SEPA) and by the Washington State Department of Commerce as a development regulation. Q a� The ordinance has changed slightly since the Kent Land Use and Planning Board held a public hearing, January 10, 2022. Specifically, the following change was made to Section 7.05.150A: the word "volumes" has been replaced with "peak flows". MOTION: I move to authorize the Council adopt Ordinance No. 4425, repealing and replacing Chapter 7.05 of the Kent City Code, entitled "Storm and Surface Water Utility," and repealing Chapter 7.07. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 2 of 5 Packet Pg. 4 4.1 Public Works Committee CC PW Regular Meeting February 7, 2022 Minutes Kent, Washington RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/15/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Brenda Fincher, Committee Chair AYES: Fincher, Kaur B. Mill Creek at 76th Avenue Flood Protection Improvements - Drainage Easement, Utility Easement, and Temporary Construction Easement - Authorize Property and Acquisition Analyst, Cheryl Rolcik-Wilcox noted the City will be constructing the Mill Creek at 76t" Avenue South Flood Protection = Improvements Project (the "Project") following issuance of federal and state 4- permits. The goal of the Project is to improve Mill Creek's conveyance ° capacity, thereby reducing flood risk through the 76t" Avenue South o industrial corridor. a a Q The Project requires that the City acquire from MIREF Mill Creek, LLC ("MIREF") a Drainage Easement, a Utility Easement, and a Temporary a Construction Easement on portions of MIREF's property located at 22114 76t" o Avenue South (APN 775980-0150) ("Property"). N N O 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 U_ 4- 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. 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 a Creek, LLC, located at 22114 761" Ave. S. (APN 775980-0150) for an amount not to exceed $155,050.00, subject to final terms and Q conditions acceptable to the City Attorney and Public Works Director. r c RESULT: MOTION PASSES [UNANIMOUS] Next: 2/15/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Brenda Fincher, Committee Chair AYES: Fincher, Kaur C. Frager Sewer Pump Station Supply Agreement - Authorize Storm Drainage/Sewer Manager, Jens Vincent noted this 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. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 3 of 5 Packet Pg. 5 4.1 Public Works Committee CC PW Regular Meeting February 7, 2022 Minutes Kent, Washington MOTION: I move to authorize the Mayor to sign the contract with 7WC 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. RESULT: MOTION PASSES [UNANIMOUS] Next: 2/15/2022 7:00 PM 1 MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Fincher, Kaur, Larimer D. South 212th Street Preservation Interlocal Agreement - Authorize Engineer III, Abdulnaser Almaroof noted that the scope of work for this project includes full width grinding and asphalt overlay of South 212t" Street between o the Green River Bridge and Orillia Road, including the portion of the street located within King County's right-of-way. The project will also include L pavement repairs, pavement markings, curb and gutter repairs, and a improvements to existing Americans with Disabilities Act (ADA) curb ramps. Q King County agrees to reimburse the City to perform the overlay work within a its right-of-way through this agreement. o 0 MOTION: I move to authorize the Mayor to sign an Interlocal N Agreement for reimbursement with King County for design and o construction of the South 2121" Street (Green River Bridge to Orillia N Road/City Limits) Pavement Preservation Project within King County's right-of-way, subject to final terms and conditions Ui acceptable to the City Attorney and Public Works Director. c RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/15/2022 3 c 7:00 PM 2 MOVER: Marli Larimer, Councilmember 6 SECONDER: Satwinder Kaur, Councilmember r AYES: Fincher, Kaur, Larimer E. INFO ONLY: South 224th Street Project Phase 3 PSE Schedule 74 Q Underground Conversion Design Agreement 2 Engineer III, Abdulnaser Almaroof noted that the South 2241" Street Phase 3 project will continue the widening of the 224t" Street Corridor from 94' 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 981" Avenue South and South 216t" Street. 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 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 4 of 5 Packet Pg. 6 4.1 Public Works Committee CC PW Regular Meeting February 7, 2022 Minutes Kent, Washington 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. F. INFO ONLY: 2022 Asphalt Overlay Program Engineering Supervisor, Derek Hawkes gave a brief presentation regarding the 2022 roadway preservation project locations for contracted and in-house work. c G. INFO ONLY: 2022 PSRC Transportation Grant Engineering Supervisor, Derek Hawkes gave a brief presentation on options ° for the upcoming Puget Sound Regional Council transportation grant c opportunities. a 6. Adjournment 5:02 p.m. a The meeting was adjourned at 5:02 p.m. a 0 0 Che,ryb N Committee Secretary o N d LL 4- 0 N O 7 C d C� C O O. 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Page 5 of 5 Packet Pg. 7 5.1 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: March 7, 2022 TO: Public Works Committee SUBJECT: SCADA Communication Equipment Agreement with Accu- Comm, Inc. - Authorize MOTION: I move to authorize the Mayor to sign the agreement with Accu- Comm, Inc., in the amount of $101,022.43, for the purchase of SCADA communication system components, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Supervisory Control And Data Acquisition (SCADA) is a set of software and hardware components which allows the City to gather, monitor, record and process real-time data, then utilize the data to remotely direct pumps, valves, and motors. This contract is for the purchase of replacement communication equipment of the SCADA system, which is at the end of its service life. BUDGET IMPACT: This is a budgeted item funded by the three utilities (water, sewer, and storm utilities) that utilize SCADA systems. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Accu-Comm - SCADA Equipment Agreement (PDF) Packet Pg. 8 5.1.a 400�1.0�. 4 KENT W A s H-T o N GOODS & SERVICES AGREEMENT between the City of Kent and Accu-Comm, Inc. L THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation a (hereinafter the "City"), and Accu-Comm, Inc. organized under the laws of the State of Washington, located and doing business at 9504 180th Street SE, Snohomish, WA 98296, Phone: (360) 668-6760, E Contact: Michael Bingaman (hereinafter the "Vendor"). 3 a w AGREEMENT o c� I. DESCRIPTION OF WORK. .E The Vendor shall provide the following goods and materials and/or perform the following services E for the City: o U a 0 The Vendor shall deliver and supply SCADA communication equipment. For a copy of the U Vendor's proposal, see Exhibit A which is attached and incorporated by this reference. �!? v LO 0 M C N E N N L Q 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, E materials, and services through other sources. E w II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall o complete the work and provide all goods, materials, and services by December 31, 2022. a U III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred N One Thousand, Twenty Two Dollars and Forty Three Cents ($101,022.43), including applicable Washington E State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall 0 pay the Vendor the following amounts according to the following schedule: 3 U U Q Vendor shall be paid after delivery of the equipment listed in Exhibit A. c CD E c� a GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) Packet Pg. 9 5.1.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. E 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 a unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable a costs, including legal costs and attorney fees, incurred by the City beyond the maximum a Agreement price specified above. The City further reserves its right to deduct these W additional costs incurred to complete this Agreement with other sources, from any and all o amounts due or to become due the Vendor. E B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL 3 CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE E E AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT v IS MADE. Q 0 IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- U Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in U) accordance with Ch. 51.08 RCW, the parties make the following representations: „ 0 M A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. E a� B. The Vendor maintains and pays for its own place of business from which the Vendor's ;v services under this Agreement will be performed. Q c C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City .Q- 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 W involved under this Agreement. a U D. The Vendor is responsible for filing as they become due all necessary tax documents N with appropriate federal and state agencies, including the Internal Revenue Service E and the state Department of Revenue. o U 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 Q business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. E F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. a 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. 10 5.1.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 a proceed with the amended work upon receiving either a written amendment from the City or an oral order E 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 a amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. a The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate w acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the o Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any •2 work, either covered or affected by the change. E VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or v 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 a prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both N 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 M restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. a E aV If any future performance is prevented or delayed by a force majeure event, the party whose W performance is prevented or delayed shall promptly notify the other party of the existence and nature of Q 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 E performance and, provided, that the party prevented or delayed has not caused such event to occur and .2- continues to use diligent, good faith efforts to avoid the effects of such event and to perform the �0' obligation. W a 0 Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City v shall not be liable for, the payment of any part of the contract price during a force majeure event, or any T costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. E Performance that is more costly due to a force majeure event is not included within the scope of this Force o Majeure provision. U 3 V If a force majeure event occurs, the City may direct the Vendor to restart any work or Q 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 E 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 a 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. 11 5.1.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. r c FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN E THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN L ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED a BY THAT DELAY. r c a� A. Notice of Claim. Provide a signed written notice of claim that provides the following E information: 3 a W 1. The date of the Vendor's claim; o 2. The nature and circumstances that caused the claim; 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 was determined; and E 5. An analysis of the progress schedule showing the schedule change or v disruption if the Vendor is asserting a schedule change or disruption. Q 0 B. Records. The Vendor shall keep complete records of extra costs and time incurred as a U result of the asserted events giving rise to the claim. The City shall have access to any of U) the Vendor's records needed for evaluating the protest. LO M The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. E m L C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed Q promptly to provide the goods, materials and services required by the City under this Agreement. a D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor =0' also waives any additional entitlement and accepts from the City any written or oral order W (including directions, instructions, interpretations, and determination). o Q U E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this N section, the Vendor completely waives any claims for protested work and accepts from the E City any written or oral order (including directions, instructions, interpretations, and o determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING Q 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. E c� X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work a 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. 12 5.1.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. r c XI. DISCRIMINATION. In the hiring of employees for the performance of work under this E 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 a origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. a The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy a Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the w attached Compliance Statement. o c� XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, •2 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 E performance of this Agreement, except for that portion of the injuries and damages caused by the City's v negligence. a 0 The City's inspection or acceptance of any of the Vendor's work when completed shall not be N grounds to avoid any of these covenants of indemnification. v LO IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION M PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. E a� m L In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made Q 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 Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and .t- reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful =0' refusal on the Vendor's part. a 0 The provisions of this section shall survive the expiration or termination of this Agreement. v XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, i insurance of the types and in the amounts described in Exhibit B attached and incorporated by this o reference. L) U XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary Q 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 E materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. a 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. 13 5.1.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 a and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in E 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 a in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or r award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. a D. Written Notice. All communications regarding this Agreement shall be sent to the parties at w the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written o notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this •2 Agreement or such other address as may be hereafter specified in writing. E E. Assignment. Any assignment of this Agreement by either party without the written consent G of the non-assigning art shall be void. If the non-assigning art gives its consent to an assignment, v 9 9 P Y 9 9 party 9 Y Q the terms of this Agreement shall continue in full force and effect and no further assignment shall be a made without additional written consent. U F. Modification. No waiver, alteration, or modification of any of the provisions of this „ Agreement shall be binding unless in writing and signed by a duly authorized representative of the City M and the Vendor. c a� G. Entire Agreement. The written provisions and terms of this Agreement, together with any E Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative Iv of the City, and such statements shall not be effective or be construed as entering into or forming a part Q 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. 2- H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal w laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's a business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of v the performance of those operations. N E I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the E Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, 00 emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the Q 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. E 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 a the Kent City Code. GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) Packet Pg. 14 5.1.a K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. E as a� L VENDOR: CITY OF KENT: a r c as By: By: Q Print Name: Print Name: Dana Ralph W c 0 Its Its Mayor .E DATE: DATE: E 0 U NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Q 0 Q VENDOR: CITY OF KENT: U Michael Bingaman Chad Bieren LO Accu-Comm, Inc. City of Kent M 9504 180th Street SE 220 Fourth Avenue South .� Snohomish, WA 98296 Kent, WA 98032 CD (360) 668-6760 (telephone) (253) 856-5500 (telephone) a� N/A (facsimile) (253) 856-6500 (facsimile) Q c APPROVED AS TO FORM: E a .3 w Q Kent Law Department Q U ATTEST: U 0 U Kent City Clerk U Q c CD E U c� Q GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) Packet Pg. 15 5.1.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. The following questions specifically identify the requirements the City deems necessary for any a 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. .2- If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the : directives outlines, it will be considered a breach of contract and it will be at the City's sole r- determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: E 1. I have read the attached City of Kent administrative policy number 1.2. U a 2. During the time of this Agreement I will not discriminate in employment on the basis of a sex, race, color, national origin, age, or the presence of all sensory, mental or physical N disability. LO 0 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 a employer. E a� L 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and Q promotion of women and minorities. E 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 w above. o a By signing below, I agree to fulfill the five requirements referenced above. ai E E By: U 3 U For: Q c Title: E Date: a EEO COMPLIANCE DOCUMENTS - 1 of 3 Packet Pg. 16 5.1.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 r c as E as as L SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 a CONTRACTORS APPROVED BY Jim White, Mayor as E POLICY: �- a w Equal employment opportunity requirements for the City of Kent will conform to federal and o state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: E 1. Provide a written statement to all new employees and subcontractors indicating 0 commitment as an equal opportunity employer. o Q 2. Actively consider for promotion and advancement available minorities and women. cvn Any contractor, subcontractor, consultant or supplier who willfully disregards the City's M nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. E a� 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. Q as 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these E regulations are familiar with the regulations and the City's equal employment opportunity policy. w Q 0 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. U) E 0 U 3 U v Q c E t ca Q EEO COMPLIANCE DOCUMENTS - 2 of 3 Packet Pg. 17 5.1.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. a� E L I, the undersigned, a duly represented agent of a r Company, hereby acknowledge and declare that the before-mentioned company was the prime E contractor for the Agreement known as that was entered into on .2- the (date), between the firm I represent and the City of w c Kent. ° .E E I declare that I complied fully with all of the requirements and obligations as outlined in the City E U of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity a 0 Policy that was part of the before-mentioned Agreement. LO 0 M By: E For: L a, Q Title: c aD E Date: .3 s w a 0 a U E 0 U 3 v Q r c E t R Q EEO COMPLIANCE DOCUMENTS - 3 of 3 Packet Pg. 18 EXHIBIT A Supplying SCADA Communication Equipment PROPOSAL FORM The undersigned hereby proposes to provide all new and undamaged equipment and materials, shipping cost and all other cost associated to perform the service as specified in Appendix A - Technical Specifications in this contract document for the following fees: E Bidder's Name: ACLU-COMM, INC. a c Item Quantity Description Unit Total E Price a w 1 4 UHF Viper SC+ RF modem, 450-512 MHz, $ 1 ,353.75 $ 5,415.00 0 EACH dual port, 6.25-50KHz, includes power cable Per EA and 6-foot Ethernet RJ45 CAT 6 cable as c manufactured by Nextgen RF Design; Model E Number 140-5048-503 E 0 U FOB Destination a 0 a U 2 60 UHF Viper SC+ RF modem, 450-512 MHz, $ 1 ,211 .25 $ 72,675.00 c EACH single port, 6.25-50KHz, includes power cable Per EA and 6-foot Ethernet R345 CAT 6 cable as manufactured by Nextgen RF Design; Model Number 140-5048-502 L FOB Destination Q c as E Q. 3 56 48" RF pigtail TNC-male to N- Male. (connects $ 57.00 $ 3,192.00 w EACH radio to lightning arrestor) as manufactured Per EA a by Nextgen RF Design; Model Number 250- a 0697-104 v FOB Destination E E 0 U 3 4 2 48" power cable; SMA male RA to N male $ 76.00 $ 152.00 uU EACH (adapts integra radio to viper) as Per EA a manufactured by Nextgen RF Design; Model Number 697-5000-106 E FOB Destination a Packet Pg. 19 ACCU-CONMM, INC. Item Quantity Description Unit Total Price 5 3 Power amplifier, low profile, 40 watts for 10 $ 712.34 $ 2,137.0. EACH watts, continuous duty, 19" rack mount, N-F Per EA connectors, no t/r relay as manufactured by Henry Radio; Model Number C40D10RS r c FOB Destination E as a� L Q 6 60 DC passing lightning arrestor; can be used as $ 54.00 $ 3,240.0( EACH panel mount or bulkhead fitting. as Per EA E manufactured by Polyphaser; Model Number GT-NFF-AL w c 0 FOB Destination .E 7 2 Antenna switch, solid state, N-female as $ 1 ,414.59 $ 2,829.1f c EACH manufactured by JFW; Model Number Per EA U JFW50S-1268 0 a U FOB Destination cn v LO 0 8 2 Antenna switch control board/regulator, $ 190.00 $ 380.00 EACH 12VDC as manufactured by Accu-Comm; Per EA 0 Model Number ACI-ACB24 as L FOB Destination Q c as E 9 2 Omni directional antenna, 3db gain, $ 442.99 $ 885.98 EACH temporary repeater antennas as Per EA W manufactured by RFS; Model Number o BA6312-1 a U N FOB Destination E E 0 U 10 2 Directional antenna, 10.2 dbd gain as $ 195.49 $ 390.98 Q EACH manufactured by Laird; Model Number Y4506 Per EA c FOB Destination E a 11 1 5' x 1-1/4" mast as manufactured by Rohn; $ 51 .24 $ 51 .24 EACH Model Number 160505PHS Per EA FOB Destination Packet Pg. 20 ACCU-M41, INC. 5.1.a Item Quantity Description Unit Total Price 12 2 50' LMR400 Coax Cable, W/N-Male Fittings as $ 203.38 $ 406.76 EACH manufactured by Accu-Comm; Model Number Per EA LM R400 r c FOB Destination E as a� L Q r Sub Total `$ 91 ,755.16 E- a 10.1% Sales Tax $ 9,267.27 w c Total Bid $ 101 022.43 E E 0 U a 0 Q U v LO 0 M C N E N N L Q ACCU-COMM, INC. E Company Submitting Proposal �- .3 w a 0 Q U Authorized §(9nature Michael J. Singaman - President N E E Note: Contractor must submit a firm proposal for the contract term(s). 0 U U Q c CD E a Packet Pg. 21 5.1.a EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance a� E The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which a may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. a .3 a A. Minimum Scope of Insurance w c 0 Contractor shall obtain insurance of the types described below: .E 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from E premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability a assumed under an insured contract. The City shall be named as an a insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a n substitute endorsement providing equivalent coverage. r 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. E aD L B. Minimum Amounts of Insurance °1 Q c Contractor shall maintain the following insurance limits: E a .3 1. Commercial General Liability insurance shall be written with limits w no less than $2,000,000 each occurrence, $2,000,000 general a aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions E E 0 The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: Q r 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. a Packet Pg. 22 5.1.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. E as a� 3. The City of Kent shall be named as an additional insured on all a policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the E Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's W Commercial General Liability insurance shall also contain a clause o stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. E D. Acceptability of Insurers 0 U Insurance is to be placed with insurers with a current A.M. Best rating of not o less than ANII. Q U E. Verification of Coverage LO 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 E the Contractor before commencement of the work. CD L F. Subcontractors Q c CD Contractor shall include all subcontractors as insureds under its policies or E shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance W requirements as stated herein for the Contractor. a U N E 0 U 3 U v Q c E t ca Q Packet Pg. 23 5.2 PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5500 DATE: March 7, 2022 TO: Public Works Committee SUBJECT: Milwaukee II Levee Improvements Project - Amendment to Contract for Property Negotiation and Relocation Services - Authorize MOTION: I move to authorize the Mayor to sign a contract amendment for property acquisition and relocation services with Tierra Right of Way Services, Ltd., subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City must acquire property from Amrik Commercial Rentals, conducting business as A-1 Pallets, located at 7752 S. 259t" St. (APN 000660-0082) ("Property") to construct the Milwaukee II Levee Improvements Project ("Project"). The Project will reduce major flood risk impacts to roadways and properties in the Kent Valley. The City and the King County Flood Control District ("Flood District") entered into an interlocal agreement on June 28, 2016, to cooperatively study available design alternatives for the Project and acquire property needed to construct the Project. The agreement was amended on September 10, 2020, to authorize the acquisition of additional property needed for the Project. On September 7, 2018, the City signed a contract with Tierra Right of Way Services, Ltd. ("Tierra") to provide acquisition and relocation services for properties needed for the Project, and later amended the contract to add services for the Signature Pointe Levee Improvements Project. While properties have been acquired and owners have been relocated under this contract, others have required additional funds to complete the acquisition and relocation processes, as required under the Uniform Relocation Assistance and Real Property Policies Act of 1970 (49 CFR Part 24) ("Uniform Act"). Under the Uniform Act, the City is also required to make an offer to purchase an additional parcel owned and used to conduct the business of A-1 Pallets, located at 1100 51" Avenue S. (APN 000660-0079) to the north of the Property. The acquisition and relocation of the A-1 Pallets Property is complicated due to the size of the Property and the complexity of the business. Tierra has already begun negotiating under the original contract and its previous amendments, but negotiations stalled and the acquisition process was delayed while the amendment Packet Pg. 24 5.2 to the interlocal agreement with the Flood District was finalized and other Flood District matters took priority. The City and the Flood District are now ready to move forward with the acquisition of the Property. Tierra has provided an estimate of $95,805.42 to complete these services. Together with the original contract and its amendments, this amendment will exceed the Mayor's authority to approve amendments collectively within 20% or $200,000 of the original contract. BUDGET IMPACT: Property acquisition costs will be paid out of the Milwaukee II Levee Improvements Project, which is funded through the interlocal agreement with the King County Flood Control District. 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. ATTACHMENTS: 1. Amendment (PDF) Packet Pg. 25 5.2.a • KEN T W A S H I N G T O N AMENDMENT NO. 6 NAME OF CONSULTANT OR VENDOR: Tierra Right of Way Services, Ltd. CONTRACT NAME & PROJECT NUMBER: Milwaukee II Levee ORIGINAL AGREEMENT DATE: September 7, 2018 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or o Vendor's work is modified as follows: y c 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add E additional work or revise existing work as follows: E L 0- In addition to work required under the original Agreement and any prior E Amendments, the Consultant or Vendor shall: a� J Complete the A-1 Pallet's Acquisition and Relocation files. For a - description, see the Consultant's Scope of Work which is Y attached as Exhibit A and incorporated by this reference. 3 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: LO 0 M Original Contract Sum, $39,811 including applicable WSST Net Change by Previous Amendments $128,889.02 c including applicable WSST E Current Contract Amount $168,700.02 Q including all previous amendments E Current Amendment Sum $95,805.42 r Applicable WSST Tax on this $0 Q Amendment Revised Contract Sum $264,505.44 AMENDMENT - 1 OF 2 Packet Pg. 26 5.2.a Original Time for Completion 12/31/19 (insert date) Revised Time for Completion under 1/3/23 prior Amendments (insert date) Add'1 Days Required (f) for this 179 calendar days Amendment Revised Time for Completion 7/1/23 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract o acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise a provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. E a� All acts consistent with the authority of the Agreement, previous Amendments (if any), and a this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. J The parties whose names appear below swear under penalty of perjury that they are Y authorized to enter into this Amendment, which is binding on the parties of this contract. 3 IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. Ln LO 0 M CONSULTANT/VENDOR: CITY OF KENT: c as E By: By: a (signature) (signature) E Mack Dickerson Print Name: Dana Ralph a Print Name: •• r Its Vice President Its Mayor (title) (title) E DATE: 01/27/2022 DATE: a ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department Tierra Right of Way Services,Ltd.-Milwaukee II Levee/A-1 Pallets AMENDMENT - 2 OF 2 Packet Pg. 27 5.2.a Tt e rra Exhibit A A C L S C 0 M P A N Y January 5, 2022 Cheryl Rolcik-Wilcox Property&Acquisition Specialist City of Kent 400 West Gowe St. Kent,WA 98032 d 0 L a RE: City of Kent,Milwaukee II Levee Project Public Works Project #16-3006 Right of Way Acquisition and Relocation Services Amendment #6 0 L Q E Dear Cheryl, m Enclosed is the cost estimate to complete the A-1 Pallet's Acquisition and Relocation files. Services to be performed in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (the Uniform Act) (49 CFR Part 24) as well as the statutes found in Chapter RCW 3 8.26. and Washington State law, specifically Chapter 8.26 of the Revised Code of Washington (RCW) 3 and the Seattle Municipal Code, Chapter 20.84. For purposes of scoping and cost,Tierra assumes the following: c M • Tierra's work with A-1 Pallets to be completed by the end of the 2nd quarter of 2023, c approximately 18 months. E • Our Project Manager,Melinda Burkhart,will continue to be the negotiator and manage c m the project. E • Our ROW Division Manager,Leslie Findlay,will participate in the relocation reviews Q and submittals. as E The pricing contained herein is valid for 90 days. Tierra's team looks forward to working with you to complete this project. a Sincerely, JL"- /�7 Leslie Findlay, SR/WA,R/W-RAC Right of Way Operations Manager Designated Broker,Pacific Northwest 360-870-0190 Tierra Right of Way Services, Ltd. Leslie Findlay, Designated Broker 8685 Martin Way East, Suite 203 • Lacey, Washington 98516 • Phone: 206.363.1556 Right of Way • Cultural Resources • Environmental Planning Toll Free: 800.887.0847 • www.tierra-row.com Packet Pg. 28 5.2.a CONSULTANT FEE DETERMINATION - SUMMARY OF PROJECT COSTS Tierra Right of Way Services, Ltd. City of Kent, Milwaukee Direct Labor Classification Hours Salary OH Fixed Fee Total Total Amount Complete A-1 Pallet's Acq&Relocation Direct Rate Billing Rate 136.91% 30.00% Division Manager 1 $ 69.72 $ 95.45 $ 20.92 $ 186.09 $ 186.09 ROW Division Manager 99.00 $ 59.23 $ 81.09 $ 17.77 $ 158.09 $ 15,650.99 Project Manager 160.00 $ 52.88 $ 72.40 $ 15.86 $ 141.14 $ 22,582.72 0 Senior Right of Way Agent 450.00 $ 39.50 $ 54.08 $ 11.85 $ 105.43 $ 47,443.25 a Senior Right of Way Agent 36.00 $ 45.67 $ 62.53 $ 13.70 $ 121.90 $ 4,388.32 Right of Way Agent 0.00 $ 34.00 $ 46.55 $ 10.20 $ 90.75 $ - Adm. Project Coordinator 54.00 $ 27.00 $ 36.97 $ 8.10 $ 72.07 $ 3,891.55 800 $ 94,142.92 0 a E Direct Reimbursables a� Travel (Mileage): 2,500 Miles $ 0.585 $ 1,462.50 Postage 20 Total $ 10.00 $ 200.00 = a� d Y Direct Reimbursables Subtotal: $ 1,662.50 c� 3 Total Maximum Amount Payable $ 95,805.42 uO LO 0 M a+ C d E C d E Q r C E L V fC a+ Q Packet Pg. 29 A�® CERTIFICATE OF LIABILITY INSURANCE DA,i23i202? a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Robin Strauss RSC Insurance Brokerage, Inc. H No O Ext: (212)669-5400 FAX No: (212)669-5917 750 Third Avenue E-MAIL ADDRESS: rstrauss@risk-strategies.com Suite 1500 INSURERS AFFORDING COVERAGE NAIC# New York NY 10017 INSURERA:Hanover Insurance Company 22292 INSURED INSURER B:Allmerica. Financial Benefit Ins 41840 Tierra Right of Way Services, Ltd. INSURER C:Evanston Insurance Cc 35378 1575 E. River Road INSURER D: Suite 201 INSURER E: a+ Tucson AZ 85718 L) INSURER F: d COVERAGES CERTIFICATE NUMBER:CL2172324341 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD d INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS to r CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP N LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS 4) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,( 0 A CLAIMS-MADE OCCUR DAMAGE TO RENTED 1,000,( CL PREMISES Ea occurrence $ E X ZHN 9219850 11 7/25/2021 7/25/2022 MED EXP(Any one person) $ 10,t PERSONAL &ADV INJURY $ 1,000,( ; GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,( J X POLICY PRO F_� LOC PRODUCTS-COMP/OP AGG $ 2,000,( JECT N OTHER: $ N AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,( Y Ea accident 3 A AUTO X BODILY INJURY(Per person) $ 3 ANY AUTO ALL OWNED SCHEDULED X AHND94379503 7/25/2021 7/25/2022 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident LO $ LLO O X UMBRELLA LAB N OCCUR EACH OCCURRENCE $ 5,000,( v A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,( DED RETENTION $ UHN 9121798 11 7/25/2021 7/25/2022 $ iy WORKERS COMPENSATION X PER OTH- E AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,( d OFFICER/MEMBER EXCLUDED? ❑ NIA B (Mandatory in NH) WMN D173585 05 7/25/2021 7/25/2022 E.L.DISEASE-EA EMPLOYEE $ 1,000,( Q If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000, C C Professional-Claims Made-Retro MKLV7PL0004860 7/25/2021 7/25/2022 Each Occurrence/Aggregate 3,000,( 0) Date-5/11/1998 - 7/31/2019 for $1M x/0 $2M E V DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent is included as additional insured under the General Liability and Automobile Liability Q coverage as required by written contract, per policy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 400 West Gowe Street ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Michael Ch--stian/LZF �� ��� -, ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Packet Pg. 30 ZHN 9219850 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract,Agreement or Permit Included r L) m 0 L E O L Q E d 7 J N N Y 3 R 3 LO LO 0 M a+ C d This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. Q 1. Additional Insured by Contract, Agreement or (1) "Your work" for the additional insured(s) r- Permit designated in the contract, agreement or E The following is added to SECTION II — WHO IS permit; AN INSURED: (2) Premises you own, rent, lease or occupy; a Additional Insured by Contract, Agreement or or Permit (3) Your maintenance, operation or use of a. Any person or organization with whom you equipment leased to you. agreed in a written contract, written agreement b. The insurance afforded to such additional or permit that such person or organization to insured described above: add an additional insured on your policy is an (1) Only applies to the extent permitted by additional insured only with respect to liability law; and for "bodily injury', "property damage", or "personal and advertising injury" caused, in (2)Will not be broader than the insurance which whole or in part, by your acts or omissions, or you are required by the contract, the acts or omissions of those acting on your agreement or permit to provide for such behalf, but only with respect to: additional insured. 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 2 Packet Pg. 31 5.2.a (3) Applies on a primary basis if that is advertising injury' involved the rendering required by the written contract, written of or failure to render any professional agreement or permit. services by or for you. (4) Will not be broader than coverage d. With respect to the insurance afforded to provided to any other insured. these additional insureds,the following is added to SECTION III — LIMITS OF INSURANCE: (5) Does not apply if the "bodily injury", "property damage" or "personal and The most we will pay on behalf of the advertising injury" is otherwise excluded additional insured for a covered claim is the from coverage under this Coverage Part, lesser of the amount of insurance: including any endorsements thereto. 1. Required by the contract, agreement or c. This provision does not apply: permit described in Paragraph a.; or (1) Unless the written contract or written 2• Available under the applicable Limits of agreement was executed or permit was Insurance shown in the Declarations. issued prior to the "bodily injury', "property This endorsement shall not increase the damage", or "personal injury and applicable Limits of Insurance shown in the advertising injury". Declarations. a (2) To any person or organization included as r an insured by another endorsement issued by us and made part of this E Coverage Part. c (3) To any lessor of equipment: 0- (a) After the equipment lease expires; or E m (b) If the "bodily injury', "property > damage", "personal and advertising � injury' arises out of sole negligence of = the lessor Y (4) To any: (a) Owners or other interests from. whom 3 land has been leased which takes place after the lease for the land ex- pires; or LO (b) Managers or lessors of premises if: M (i) The occurrence takes place after you cease to be a tenant in that premises; or c (ii) The "bodily injury", "property damage", "personal injury" or Q "advertising injury" arises out of structural alterations, new con- struction or demolition operations E performed by or on behalf of the manager or lessor. a (5) To "bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence" which caused the"bodily injury'or"property damage" or the offense which caused the "personal and 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 2 Packet Pg. 32 The I 5.2.a HanoWul Insurance Group- AHND94379503 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART A. The following is added to SECTION II - agreement or written permit; or LIABILITY COVERAGE, Paragraph A.1. Who Is (2) The Limits of Insurance for Liat An Insured: Coverage shown in the Declarati Additional Insured if Required by Contract applicable to this Coverage Part. If you agree in a written contract, written Such amount shall be part of and not in additioi agreement or written permit that a person or the Limits of Insurance shown in the Declarati o organization be added as an additional applicable to this Coverage Part. Regardless of a "insured" under this Coverage Part, such number of covered "autos", "insureds", premii w person or organization is an "insured"; but only paid, claims made or vehicles involved in to the extent that such person or organization "accident", the most we will pay for the total qualifies as an "insured" under paragraph A.1.c. all damages and "covered pollution cost > of this Section. expense combined resulting from any one accid o If you agree in a written contract, written is the Limit of Insurance for Liability Coverage sh, a y g in the Declarations. E agreement or written permit that a person or organization be added as an additional B. The following is added to SECTION I'v "insured" under this Coverage Part, the most BUSINESS AUTO CONDITIONS, Paragraph d we will pay on behalf of such additional General Conditions, subparagraph 5. O "insured" is the lesser of: Insurance: _ a� (1) The Limits of Insurance for liability coverage specified in the written contract, written 3 LO LO 0 M a+ C d E C d E Q r C N E L V f� a+ Q ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED 461-0478 12 12 Includes copyrighted material of ISO Insurance Services Office, Inc.,with its permission P Packet Pg. 33 5.3 PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5500 DATE: March 7, 2022 TO: Public Works Committee SUBJECT: INFO ONLY: Upcoming Public Hearing and Council Action to Declare Property Surplus and to Remove Restrictive Covenant SUMMARY: The City owns property adjacent to Washington Avenue that is needed to build a stormwater pump station. This property is depicted in Exhibit A ("Property"). The Washington Avenue South Stormwater Pump Station Project ("Project") will replace an existing surface water pump station that is currently located on the west side of Washington Avenue. The new pump station will have increased capacity and will be capable of providing surface water control to a larger service area. Additionally, the new pump station will include features that have now become standard including a backup power supply, remote telemetry, and improved automation and controls. WSDOT conveyed the Property to the City in 1986. The quit claim deed conveying the Property stated that it was transferred to be used for street purposes and that any revenue received from the sale or lease of the property must be placed in the city street fund and used for street purposes. Because the City no longer needs the entirety of the Property for street purposes, staff recommends that a portion of it be declared surplus to the City's streets and transferred to the stormwater utility in order to build the Project. The portion of the Property that will remain in use for street purposes will be dedicated as right-of-way in a separate proposed ordinance. To effect this internal transfer and address the restrictive language within the quit claim deed, the City must complete the procedural steps required by the Kent City Code and state law. Surplus of the Property Chapter 3.12 of the Kent City Code governs the declaration of the City's real property as surplus. In particular, when the Council determines that specific property should be considered for surplus, the City must hold at least one informational public meeting and receive public comment. Prior to holding this meeting, the City must provide notice to the public at least 20 days prior to the public hearing. Internal Transfer of the Property The language on the deed restricting its use and conditions of any transfer of the Packet Pg. 34 5.3 property also triggers the requirements of RCW 35A.21.410. Specifically, this statute requires the City to hold a public hearing on the proposal to remove, vacate, or extinguish a restrictive covenant from property owned by the City before the action is finalized. Additionally, when property is reallocated from one department to another, state law requires that it be paid for at its true and full value. See RCW 43.09.210(3). For this reason, the drainage utility must pay the Street Fund for the Property being transferred. Combined Public Hearing - March 15, 2022 The public hearings for these actions will be combined and have been set for March 15, 2022, at the City Council's regularly scheduled meeting. Staff has provided notice to the public as required by KCC 3.12.050 and RCW 35A.21.410. Following the public hearing, Council will consider the adoption of a resolution that will declare the portion of the Property needed to complete the Project as surplus and authorize its administrative reallocation (or transfer) from Streets to the drainage utility. It will also authorize the removal of the use restriction on the portion of the Property to be reallocated. BUDGET IMPACT: The value of the surplus property will be established, with funding transferred from the Stormwater Utility Fund to the Street 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. ATTACHMENTS: 1. Map (PDF) Packet Pg. 35 5.3.a King County Map I I 1 4 JLaLoz%L-L-_-� I LLLLJ L Hogan Par at Russell RLL-41 2! o pic'ne-er St verbend If Course h '0" Sit 11tF ff[M Eigi, .2 (L U= qr E 0 S!aj iiii'llllllllllllllllIlljliilllllliiill ,� rrED z 0 0 LL OF U') fC =E E Park - Kert HI IMF Q' The information included on this map has been compiled by King County staff from a variety of sources and is subject to change with out notice. King County makes no representations or warranties,express orimplied,as to accuracy completeness,timeliness, or rights to the use of such information.This document is not intended for use as a survey product.King County shall not be liable N for any general,special,indirect,incidental,orconsequential damages including,but not limited to,lost revenues or lost profits resulting from the use or misuse of the information contained on this map.Any sale of this map orinformation on this map is prohI)i ted except by written permission of King County. King County Date:2/15/2022 Notes: I Packet Pg. 36 5.4 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: March 7, 2022 TO: Public Works Committee SUBJECT: Property Dedication Ordinance - Adopt MOTION: I move to adopt Ordinance No. , dedicating as right-of-way a portion of City-owned property located to the east of Washington Avenue and to the south of S. 2515t Street. SUMMARY: The Washington State Department of Transportation ("WSDOT") conveyed property adjacent to Washington Avenue (the "Property") to the City of Kent on July 11, 1986 via quit claim deed ("Deed"). WSDOT acquired fee simple title to this Property through a Judgment and Decree of Appropriation in a condemnation lawsuit in 1968. The Deed then transferred all of the state's rights, title, and interest in the Property to the City. The Property is no longer needed for street purposes in its entirety. A portion of the Property is needed to build the Washington Avenue South Stormwater Pump Station Project ("Project"), and for this reason the City will transfer the Property to the City's drainage utility so that it may be used to build the Project. The remaining portion of this Property still needed for street purposes will be dedicated as right-of- way (the "Remaining Property"). The entirety of the Remaining Property will be dedicated as City right-of-way. Dedication of the Remaining Property will formally establish and define the boundaries of the right-of-way, which is necessary due to others who make use of City rights-of-way to install and maintain facilities, including utility, cable, and telecommunications providers, and other franchisees and licensees. Once the right-of-way is dedicated through Council's adoption of this ordinance, the City Clerk will be directed to record a certified copy of this ordinance with the King County Recorder's Office. BUDGET IMPACT: N/A SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 37 5.4 Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Washington Ave Pump Station - DEDICATION Ordinance (PDF) Packet Pg. 38 5.4.a a� c ORDINANCE NO. L 0 O R AN ORDINANCE of the City Council of the City of Kent, Washington, dedicating as right-of- o way a portion of City-owned property located to the r east of Washington Avenue and to the south of S. Q 251st Street, authorizing the Mayor to sign all ° documents necessary to finalize and define the a dedications authorized by this ordinance, and o directing the City Clerk to record a certified copy of this ordinance upon its passage. _ CU c L 0 RECITALS o i= A. The Washington State Department of Transportation Q U ("WSDOT") conveyed property adjacent to Washington Avenue (the w 0 "Property") to the City of Kent on July 11, 1986 via quit claim deed � 0 ("Deed"). WSDOT acquired fee simple title to this Property through a c Judgment and Decree of Appropriation in a condemnation lawsuit in 1968. E The Deed then transferred all of the state's rights, title, and interest in the a aD Property to the City. a c 0 r B. The Property is no longer needed for street purposes in its = t entirety. A portion of the Property is needed to build the Washington Avenue South Stormwater Pump Station Project ("Project"), and for this aD reason the City will transfer the Property to the City's drainage utility so E that it may be used to build the Project. The remaining portion of this r 1 Dedication of Public Right of Way at Washington Avenue and S. 251st Street Packet Pg. 39 5.4.a Property still needed for street purposes will be dedicated as right-of-way (the "Remaining Property"). C. The entirety of the Remaining Property will be dedicated as City right-of-way. Dedication of the Remaining Property will formally establish and define the boundaries of the right-of-way, which is necessary L due to others who make use of City rights-of-way to install and maintain 0 _ 0 facilities, including utility, cable, and telecommunications providers, and CU other franchisees and licensees. 0 r D. Once the right-of-way is dedicated through Council's adoption Q 0 of this ordinance, the City Clerk will be directed to record a certified copy a of this ordinance with the King County Recorder's Office. o M NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, (' 0 WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: L O ORDINANCE o Q SECTION 1, - Dedication of Right of Way. City-owned real property 0 located to the east of Washington Avenue and to the south of S. 251st o Street, as graphically depicted and legally described on the attached and o r incorporated Exhibit A, is hereby dedicated for right-of-way purposes, n including without limitation, roadway, sidewalk, and pedestrian path E improvements and utility undergrounding and installation. a _ 0 SECTION 2. - Mayor Authorized to Finalize and Sign. The Mayor is c authorized to sign all documents necessary to finalize and define the dedications authorized by this ordinance, subject to final document terms and _ conditions as the City Attorney may determine are appropriate and consistent E with the authority granted herein. r r 2 Dedication of Public Right of Way at Washington Avenue and S. 251st Street Packet Pg. 40 5.4.a SECTION 3. - City Clerk to Record Ordinance. The City Clerk is hereby directed to attach an appropriate cover sheet and record a certified copy of this ordinance with the King County Recorder's Office. SECTION 4. - Ratification. Council ratifies all acts consistent with the authority of this ordinance and prior to the passage of this ordinance. 0 r- 0 SECTION 5. - Severability. If any one or more section, subsection, U or sentence of this ordinance is held to be unconstitutional or invalid, such 0 decision shall not affect the validity of the remaining portion of this L ordinance and the same shall remain in full force and effect. o L a SECTION 6. - Corrections by City Clerk or Code Reviser. Upon o M approval of the City Attorney, the City Clerk and the Code Reviser are a� authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; 0 or references to other local, state, or federal laws, codes, rules, or o regulations. Q U_ SECTION 7. - Effective Date. This ordinance shall take effect and o be in force thirty days from and after its passage, as provided by law. c .2 2 U) a E a a� DANA RALPH, MAYOR Date Approved a c 0 r a� ATTEST: N R a+ C d KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted E U r r Q 3 Dedication of Public Right of Way at Washington Avenue and S. 251st Street Packet Pg. 41 5.4.a Date Published APPROVED AS TO FORM: E c c L 0 ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY o CU a� 0 r L Q 0 L. a ti 0 M V C R C L 0 Z 0 Q U_ 23 W C O R r.+ E 3 d O a 0 r a� c t c m E t r r Q 4 Dedication of Public Right of Way at Washington Avenue and S. 251st Street Packet Pg. 42 5.4.a Exhibit A as U C C =a L O C O V d L Q O L a ti uO 0 M N V C w C L O Z 0 a U_ W C O O U) O_ E 7 d N Q C O r C t N R a+ C d E t V R r r Q Dedication of Public Right of Way at Washington Avenue and S. 251st Street Packet Pg. 43 5.4.a EXHIBIT A THAT PORTION OF TRACT 43, SUPPLEMENTAL PLAT OF MEKER'S FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 96, IN KING COUNTY, WASHINGTON, LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M, DESCRIBED AS FOLLOWS: c c BEGINNING AT POINT OPPOSITE SR181 STATION 15+00 AND 50.00 FEET EASTERLY; THENCE SOUTHERLY TO A POINT OPPOSITE SR181 STATION 17+61.32 AND 50.00 FEET O EASTERLY, SAID POINT BEING ON THE NORTHERLY MARGIN OF T.S. RUSSELL ROAD, o COUNTY ROAD NO. 8 (40.00 FEET IN WIDTH)AS ESTABLISHED ON NOVEMBER 8TH, Cu 1861; THENCE EASTERLY, ALONG SAID NORTHERLY MARGIN, TO A POINT OPPOSITE SR181 STATION 17+61.32 AND 53.00 FEET EASTERLY; THENCE NORTHERLY TO A o POINT OPPOSITE SR181 STATION 16+07.32 AND 53.00 FEET EASTERLY; THENCE r NORTHEASTERLY TO A POINT 30.00 FEET DISTANT SOUTHERLY, WHEN MEASURED AT Q. RIGHT ANGLES AND/OR RADIALLY FROM THE B-LINE SURVEY STATION B 10+64.23; o THENCE EASTERLY AND SOUTHERLY, PARALLEL WITH SAID B-LINE, 173 FEET, MORE a OR LESS TO A POINT OPPOSITE STATION B 12+89.57; THENCE SOUTHWESTERLY TO A POINT OPPOSITE SR181 STATION 17+61.32 AND 87.51 FEET EASTERLY, SAID POINT M BEING ON THE NORTHERLY MARGIN OF SAID T.S. RUSSELL ROAD; THENCE EASTERLY, ALONG SAID NORTHERLY MARGIN TO THE INTERSECTION OF THE _ NORTHWESTERLY MARGIN OF WILLIS STREET (40.00 FEET IN WIDTH); THENCE ALONG Cu c SAID NORTHWESTERLY MARGIN, NORTHEASTERLY TO A POINT OPPOSITE STATION B =a 12+85.56 AND 62.91 FEET EASTERLY; THENCE NORTHWESTERLY TO A POINT 30.00 O FEET DISTANT EASTERLY, WHEN MEASURED AT RIGHT ANGLES AND/OR RADIALLY z O FROM STATION B 12+65; THENCE NORTHERLY AND NORTHWESTERLY, PARALLEL Q WITH SAID B-LINE, 240 FEET, MORE OR LESS TO A POINT OPPOSITE STATION B 10+76.54 P.C.; THENCE NORTHWESTERLY TO THE POINT OF BEGINNING. w 0 SR181 LINE SURVEY AND B-LINE SURVEY ARE DEPICTED ON SHEET 6 OF 6, SR 516 (JCT. SR 5 TO JCT. SR 167) DATED FEBRUARY 5, 1970, WASHINGTON STATE DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANS. r a CONTAINING 17,576 SQUARE FEET, MORE OR LESS. E a a� a •'+'LEE ''.., o ��. ..wA�°< `: r �0 E r 2- 23-2b1� Packet Pg. 44 5.4.a SR 181 15+00.00 D(6 C, 50'R QP Q��'plb 3 SR 181 15+72.15 I B-LINE 10+00.00 = L B-LINE O B-LINE I 0 P.C. 10+76.54 Cu aD 0 SR 181 L aD 16+07.32 0. 53'R B-LINE ° a P.T. 11+91.16 LO Q ti = 30 30' M (7 r= V 00 _ `-W Cu �J W = D(6 0 g ci m Q 6�O O Lu ~ B-LINE v 12+89.57 B-LINE 23 w SR 181 12+85.56 0 17+61.32 62.91'L 50'R 0 T.S. RUSSELL RD (HAWLEY RD) a a •s ss IMPORTANT: tm THIS IS NOT A SURVEY. IT IS t FURNISHED AS A CONVENIENCE y TO LOCATE THE LAND cu \ INDICATED HEREON WITH REFERENCE TO STREETS AND } _ OTHER LAND. NO LIABILITY IS d ASSUMED BY REASON OF E Project#19-3031 RELIANCE HEREON. r r RIGHT OF WAY Q © DEDICATION LOCATED IN THE SW 1/4 OF SEC 24, KENT DRAWN BY: TLM TOWNSHIP 22 N, RANGE 4 E,W.M. `""'"'"°T°" SCALE: 1"-50' EXHIBIT CITY OF KENT - A LAND SURVEY SECTION DATE: 02/23/2022 Packet Pg. 45 5.5 PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5500 DATE: March 7, 2022 TO: Public Works Committee SUBJECT: INFO ONLY: Downey Farmstead Side Channel Salmon Habitat Restoration Project - Relinquishment of three easements and removal of restrictive covenants on City property - Hearing set for March 15, 2022 SUMMARY: The Downey Farmstead Side Channel Salmon Habitat Restoration Project ("Project") is a salmon habitat and flood reduction project that will create more than 1,800 linear feet of side channel habitat and provide key floodplain habitat and storage along the Green River. The City of Kent entered into a grant agreement with the Washington State Recreation and Conservation Office for the Salmon Recovery and Funding Board grant on September 16, 2020. This agreement requires any encumbrances that conflict with the salmon recovery goals of the Project to be removed. There are three encumbrances that have been identified as conflicting with the salmon recovery goals of the Project, and the City has been working to clear these encumbrances. They are described as river protection easements and are as follows: (1) easement on Parcel No. 232204-9028, King County Recording No. 20090528001279; (2) easement on Parcel No. 232204-9029, King County Recording No. 5913517; and (3) easement on Parcel No. 232204-9049, King County Recording No. 5919845. King County, as the beneficiaries of these easements, has agreed to relinquish all of its rights, title, and interest in these easements. Pursuant to RCW 35A.21.410, any code city must hold a public hearing upon a proposal to remove, vacate, or extinguish a restrictive covenant from property owned by the code city before the action is finalized. One of these encumbrances contains such a restrictive covenant. Specifically, the River Protection Easement, Recording No. 20090528001279 on Parcel No. 232204-9028 contains some restrictions regarding vegetation and other work the City may complete within this easement. Because this restrictive language triggers the requirements of RCW 35A.21.410, the City must hold a public hearing before extinguishing this restrictive covenant. Packet Pg. 46 5.5 Although the other two easements with recording numbers 5913517 and 5919845 are also called "river protection easements," they do not contain restrictive language triggering the requirements of RCW 35A.21.410. They instead simply grant rights of access to enter and construct and maintain flood control works. The City Council is holding a public hearing on March 15, 2022, at a regularly scheduled council meeting and invites comments regarding the City's intention to extinguish the restrictive covenants on Parcel No. 232204-9028. 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. 47 5.6 PUBLIC WORKS COMMITTEE Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5500 DATE: March 7, 2022 TO: Public Works Committee SUBJECT: INFO ONLY: Republic Services SUMMARY: Staff will provide an update on negotiations with Republic Services regarding the labor dispute that impacted waste collection on January 12t", 13t", and 14t" SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Packet Pg. 48