HomeMy WebLinkAboutCity Council Committees - Kent City Council - 03/10/2020
KENT CITY COUNCIL
COMMITTEE OF THE WHOLE
Tuesday, March 10, 2020
4:00 PM
Chambers
Mayor Dana Ralph
Council President Toni Troutner
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
**************************************************************
Item Description Speaker
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
A. Amendment to T-Mobile Telecom Lease Agreement for
Wilson Playfields - Authorize
Brian Levenhagen
B. Property Transaction: Road and Right-of-Way Easements
to the City of Covington - Authorize
Cheryl Rolcik-Wilcox
C. Grant Acceptance - Pedestrian Crossing on West James
Street at Second Avenue North - Authorize
Drew Holcomb
Carla Maloney
D. 2020 City Art Plan and Five Year City Art Plan (2020-2024)
- Authorize
Ronda Billerbeck
E. Payment of Bills - Approve Paula Painter
F. INFO ONLY: Coronavirus Update Mayor Dana Ralph
Derek Matheson
G. Executive Session
i. Current or Potential Litigation, as per RCW 42.30.110(1)(i)
5. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Committee of the Whole Committee of the Whole -
Regular Meeting
March 10, 2020
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: March 10, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Amendment to T-Mobile Telecom Lease Agreement for Wilson
Playfields - Authorize
MOTION: Authorize the Mayor to execute a second amendment to the
telecom lease agreement with T-Mobile at Wilson Playfields, extending the
lease five years with three additional five-year extension options, subject
to final terms and conditions acceptable to the Parks Director and City
Attorney.
SUMMARY: Since 2005, the City has leased premises at the Wilson Playfields to T-
Mobile for a cell tower.
This amendment extends the current lease an additional 5 years, includes a rent
increase to $36,000.00 per year (plus leasehold excise tax), provides for annual
rent increases of 3%, and includes three additional five-year renewal options.
BUDGET IMPACT: Additional revenue realized from extension of lease agreement.
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. T-Mobile Amendment to Lease Agreement (PDF)
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Lease Agreement Cover Sheet—Page 1 of 2
CITY CLERK
CITY OF KENT
220 4th Avenue South
Kent, WA 98032
Fax: 253-856-6725
PHONE: 253-856-5725
Lease Agreement Cover Sheet
This document is to be used in lieu of the Contract Cover Sheet
SECTION 1 – CONTRACT PROCESSING AND TENANT SET-UP:
Contract Number: L06-009 (lease addendum – established number)
1. Responsible Department/Division: Parks/Facilities
2. Contact Person and Title: Diana Popov, Operations Analyst
Telephone Extension: 5083
3. Tenant (Customer) Name: T-Mobile USA, Inc
4. Tenant (Customer) Number: 105237
5. General Ledger Account Number: P200720.56250
6. King County Tax Parcel Number: 212205-9184
7. Address of Parcel: 13025 SE 251st Street, Kent WA
8. Type of Lease: 2nd Addendum, Lease Agreement Commercial Property
9. Council Authorization Date: scheduled April 7, 2020, original lease
authorized 8/2/2005
10. Mayor Signature Date:
SECTION 2 – LEASE DURATION AND IMPORTANT DATES:
11. Lease Start Date: On execution
12. Tenant Lease Option Renewal Notification Due Date: > 90 days prior to
termination
13. Lease Termination Date:
14. Lease Duration: 5 years
SECTION 3 – RENT DETERMINATION AND DUE DATE:
15. Rent: 3,000.00
16. Rent Due Date: 5th of every month
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Lease Agreement Cover Sheet—Page 2 of 2
17. Calculation of Rental Increase(s): 3% annual increase
SECTION 4 – LEASEHOLD EXCISE TAX:
18. Is this lease subject to leasehold excise taxes?
YES (go to Question 19)
NO, reason:
19. Are leasehold excise taxes for this tenant centrally assessed, i.e.
directly collected from the tenant by the Washington State Department
of Revenue?
YES (attach written verification received directly from DOR or indirectly
through the tenant, e.g. DOR notification letter)
NO (go to Question 20)
20. Does Lease Rent include Leasehold Excise Tax?
(Leasehold taxes must be broken out on the invoice and coded: Business
unit.32500.0303)
YES Calculate the leasehold excise tax (Stated Rent divided by
1.1284)
NO 385.20 (Stated Rent times .1284)
SECTION 5 – APPLICABLITY OF UTILITIES:
21. Applicability of Utilities – Check all that utilities that are affected and
indicate provider (e.g. City of Kent), Account Number or basis of
exclusion.
Does Not Apply
Water:
Sewer:
Drainage: Paid by the City
Garbage:
Electricity/Natural Gas: Puget Sound Energy
SECTION 6 – MONETARY PENALTIES AND LATE INTEREST CHARGES:
22. Monetary Penalties: n/a
23. Late Interest: n/a
SECTION 7 – OTHER LEASE CONSIDERATIONS:
Special lease considerations, e.g. non-monetary rent, etc
None (check box if no considerations)
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TMO Site ID: SE04697F 2/5/20
TMO Lease ID: 84588
SECOND AMENDMENT TO LEASE AGREEMENT
This Second Amendment to Lease Agreement (the “Amendment”) is effective as of the
date of execution by the last party to sign (the “Effective Date”) by and between City of Kent
(“Landlord”) and T-Mobile West LLC, a Delaware limited liability company (“Tenant”) (each a
“Party”, or collectively, the “Parties”).
Landlord and Tenant (or their predecessors-in-interest) entered into that certain Lease
Agreement dated August 3, 2005, including that certain First Amendment to Lease Agreement
dated May 18, 2011 (including all amendments, collectively, the “Lease”) regarding the leased
premises (“Premises”) located at 13028 Southeast 251st Street, Kent, WA 98030 (the
“Property”).
For good and valuable consideration, Landlord and Tenant agree as follows:
1. The Lease is in full force and effect and neither Landlord nor Tenant is in breach under
the terms of the Lease.
2. At the expiration of the Lease, so long as Tenant is not in default of the Lease, the Term
of the Lease will automatically be extended for three (3) additional and successive five
(5) year terms (each a "Renewal Term"), provided, that Tenant may elect not to renew
by providing Landlord thirty (30) days’ notice prior to the expiration of the then current
Renewal Term.
3. At the commencement of the first Renewal Term, Tenant shall pay Landlord Three
Thousand and No/100 Dollars ($3,000.00) per month, plus leasehold excise tax, ("Rent")
in advance, by the fifth (5th) day of each month. Where duplicate Rent would occur, a
credit shall be taken by Tenant for any prepayment of Rent by Tenant.
Rent shall be adjusted annually on each anniversary of the Renewal Term by an amount
equal to three percent (3%) over the Rent for the immediately preceding year. This new
Rent and Rent adjustment shall supersede and replace any prior Rent or Rent
adjustments.
4. All notices, requests, demands and other communications shall be in writing and shall
be effective three (3) business days after deposit in the U.S. mail, certified, return
receipt requested or upon receipt if personally delivered or sent via a nationally
recognized courier to the addresses set forth below. Landlord or Tenant may from time
to time designate any other address for this purpose by providing written notice to the
other Party.
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TMO Site ID: SE04697F 2/5/20
TMO Lease ID: 84588
If to Tenant:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/ Site SE04697F
If to Landlord:
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attn: Facilities Manager/City Clerk
5. Tenant and Landlord will reasonably cooperate with each other's requests to approve
permit applications and other documents related to the Property.
6. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified. To
the extent any provision contained in this Amendment conflicts with the terms of the
Lease, the terms and provisions of this Amendment shall control. Each reference in the
Lease to itself shall be deemed also to refer to this Amendment.
7. This Amendment may be executed in duplicate counterparts, each of which will be
deemed an original. Signed electronic, scanned, or facsimile copies of this Amendment
will legally bind the Parties to the same extent as originals.
8. Each of the Parties represents and warrants that it has the right, power, legal capacity
and authority to enter into and perform its respective obligations under this
Amendment. Landlord represents and warrants to Tenant that the consent or approval
of a third party has either been obtained or is not required with respect to the execution
of this Amendment.
9. This Amendment will be binding on and inure to the benefit of the Parties herein, their
heirs, executors, administrators, successors-in-interest and assigns.
SIGNATURES ON FOLLOWING PAGE
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TMO Site ID: SE04697F 2/5/20
TMO Lease ID: 84588
IN WITNESS, the Parties execute this Amendment as of the Effective Date.
LANDLORD:
City of Kent
By:
Print Name:
Title:
Date:
TENANT:
T-Mobile West LLC,
a Delaware limited liability company
By:
Print Name: __________________________
Title: ________________________________
Date:
T-Mobile Contract Attorney, as to form
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July 30, 2015 CITY OF KENT
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Cþof Kent
Attn; Facilities Manager/City Clcrk
220Fourth Avenue South
Kent, \ryA 98032
RE: License Agreernent ("Agreement") dated 8l3l20QS between City of Kent ("Landlord") and T-
Mobile West LLC succesßor ¿nd interest to Voicestrcam PCS III Corporation, a subsidiary of T-
Mobile USA, Inc, ("Tenant")
Site ID: S804697F
Slte Address: 13028 SE 251" St, Kenr, rWA g8031
To Whom It May Concern:
Pursuant to the above referenced Agreement and in accordance with Section 2 of the Leaße, T-Mobile West LLC
is herein providing actual notice that it is exercising its right to extend thc tcrm of the above referenced
Agreement for an additional five year term.
Should you have âny questions or colnmonts, I can be contåctcd via email or telephone as noted above,
Sincerely,
AdamBrown
Specialist, l,ease Administration
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Page: 1
Right of Entry
Voicestream PK04-278
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: March 10, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Property Transaction: Road and Right-of-Way Easements to
the City of Covington - Authorize
MOTION: Authorize the Mayor to sign a warranty deed to the City of
Covington for a 4,713-foot portion of King County Tax Parcel No. 362205-
9184, along with a wall easement, an access easement, and a temporary
construction easement on the same parcel, subject to final terms and
conditions acceptable to the Public Works Director and City Attorney.
SUMMARY: The City of Covington is proceeding with plans to reconstruct a portion
of SR 516 (SE 272nd Street) between Jenkins Creek and 185th Place SE. This project
includes a new Jenkins Creek crossing, widening of the street from two lanes to five
lanes with 8-foot sidewalks and landscaping.
Covington needs to acquire a 4,713 square foot portion of King County Tax Parcel
No. 362205-9184 in fee from the City. Covington also needs to acquire from the
City, a wall easement of 2,627 square feet, an access easement of 8,218 square
feet, and a temporary construction easement of 57,383 square feet, all of which are
located on King County Tax Parcel No. 362205-9184. The temporary construction
easement will remain in effect until no later than November 1, 2022.
An offer was made to the City by Covington, under threat of condemnation, to
compensate the City in the amount of $5,145.00, broken down as follows:
$940 for 4,713 square feet of land in fee
$475 for 2,627 square feet of land for a wall easement
$2,580 for 57,383 square feet of land for a TCE
$1,150 for 8,210 square feet of land for a trail access easement.
This offer was based on fair market value determined by an appraisal conducted on
behalf of Covington.
Staff has reviewed the appraisal, and evaluated Covington’s project needs, and
recommends that Council authorize the Mayor to sign the documents needed to
complete these transactions.
BUDGET IMPACT: None
4.B
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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. Warranty Deed (PDF)
2. Wall Easement (PDF)
3. Trail Access Easement (PDF)
4. Temporary Construction Easement (PDF)
5. Real Property Voucher (PDF)
4.B
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After recording return document to:
City of Covington
16720 SE 271st Street, Suite 100
Covington, WA 98042
FA No. STP-0516(22)
Project No. CIP 1127
LPA-302 Page 1 of 4 Pages Parcel No. 362205-9184-06
10/2014
Document Title: Warranty Deed
Grantor(s): City of Kent
Grantee(s): City of Covington
Legal Description: Ptn. NE ¼ NE ¼ Section 36 T22N R5E WM
Additional Legal Description is on Page 4 of Document
Assessor’s Tax Parcel Number: 362205-9184-06
WARRANTY DEED
SR 516 (SE 272nd ST) Improvements Between Jenkins Creek and 185th PL SE
The Grantor, CITY OF KENT, a Washington municipal corporation for and in
consideration of the sum of TEN AND NO/100 Dollars, and other valuable consideration,
hereby conveys and warrants to the CITY OF COVINGTON, a Washington municipal
corporation, Grantee, the following described real property situated in King County, in the
State of Washington, under the imminent threat of the Grantee’s exercise of its rights of
Eminent Domain:
For legal description and additional conditions
See Exhibit A attached hereto and made a part hereof.
Also, the Grantor(s) request the Assessor and Treasurer of said County to set
over to the remainder of the hereinafter described Parcel “A”, the lien of all unpaid taxes, if
any, affecting the real estate herein conveyed, as provided for by RCW 84.60.070.
4.B.a
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WARRANTY DEED
LPA-302 Page 2 of 4 Pages Parcel No. 362205-9184-06
10/2014
It is understood and agreed that delivery of this deed is hereby tendered and that the
terms and obligations hereof shall not become binding upon the CITY OF COVINGTON
unless and until accepted and approved hereon in writing for the CITY OF COVINGTON, by
its authorized agent.
Date: , 2019
City of Kent,
a Washington municipal corporation
By:
Dana Ralph, Mayor
Accepted and Approved
CITY OF COVINGTON,
a Washington municipal corporation
By:
Regan Bolli, City Manager
Authorized Agent
Date:
4.B.a
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WARRANTY DEED
LPA-302 Page 3 of 4 Pages Parcel No. 362205-9184-06
10/2014
STATE OF WASHINGTON )
: ss
County of ________________)
On this _______ day of ______________, 2019 before me personally appeared Dana
Ralph, to me known to be the Mayor, for the City of Kent, a Washington municipal
corporation and that she executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said City
of Kent, for the uses and purposes therein set forth, and on oath states that she is
authorized to execute said instrument.
GIVEN under my hand and official seal the day and year last above written.
____________________________________
Notary Public in and for the State of
Washington, residing at ________________
My commission expires ________________
4.B.a
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WARRANTY DEED
LPA-302 Page 4 of 4 Pages Parcel No. 362205-9184-06
10/2014
EXHIBIT A
PARCEL 362205-9184-06
RIGHT-OF-WAY ACQUISITION DESCRIPTION
Parcel “A”
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROADWAY PURPOSES BY
INSTRUMENT RECORDED UNDER RECORDING NO. 1400465;
AND EXCEPT THAT PORTION CONDEMNED BY THE STATE OF WASHINGTON UNDER KING
COUNTY CAUSE NO. 90-2-24267-6
LYING NORTH OF THE NORTH 50.00 FEET OF SAID SECTION 36.
CONTAINING 4,713 SQUARE FEET, MORE OR LESS.
THE LANDS HEREIN DESCRIBED CONTAIN AN AREA OF 4,713 SQUARE FEET, MORE OR LESS, THE
SPECIFIC DETAILS CONCERNING ALL OF WHICH ARE TO BE FOUND ON SHEET S RW-01 AND RW-
02 OF THAT CERTAIN PLAN ENTITLED SR 516 (SE 272nd ST) IMPROVEMENTS BETWEEN JENKINS
CREEK AND 185TH PL SE. NOW ON RECORD AND ON FILE AT THE CITY OF COVINGTON AND
BEARING DATE OF APPROVAL, 11-04-19.
Grantor’s Initials
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After recording return document to:
City of Covington
16720 SE 271st Street, Suite 100
Covington, WA 98042
FA No. STP-0516(22)
Project No. CIP 1127
LPA-324 Page 1 of (4) Pages Parcel No. 362205-9184
10/2014
Document Title: Wall Easement
Grantor(s): City of Kent
Grantee(s): City of Covington
Legal Description: Ptn NE ¼ of NE ¼ Section 36 T22N R5E WM
Additional Legal Description is on Exhibit A, Page 4 of Document.
Assessor’s Tax Parcel Number: 362205-9184-06
WALL EASEMENT
SR 516 (SE 272nd ST) Improvements Between Jenkins Creek and 185th PL SE
City of Kent (“Grantor”), for and in consideration of TEN AND NO/100 Dollars, and
other valuable consideration, conveys and grants unto the City of Covington and its assigns,
(“Grantee”), under the imminent threat of the Grantee’s exercise of its rights of Eminent
Domain, a non-exclusive easement over, under, upon and across the hereinafter described lands
for the purpose of the construction and future maintenance of retaining walls to accommodate
raised roadway grade along SE 272nd Street. Also included are retaining walls to limit impacts
of widened roadway.
Said lands being situated in King County, State of Washington, and described as
follows:
For legal description and additional conditions
See Exhibit A attached hereto and made a part hereof (the “Easement Area”)
The easement rights conveyed for the Easement Area include, but are not limited to, a
retaining wall; ingress and egress for installation, maintenance, construction, alteration,
reconstruction, and repair of retaining wall (“Easement Purposes”).
Grantee shall have the right, without notice, prior institution of suit, or proceeding at
law, at times as may be necessary, to enter upon the Easement Area, and any immediately
adjacent areas, with the necessary equipment for the Easement Purposes, without incurring any
legal obligation or liability.
4.B.b
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WALL EASEMENT
LPA-324 Page 2 of (4) Pages Parcel No. 362205-9184
10/2014
Grantee shall leave any improvements already existing within the Easement Area and
the immediately adjacent areas undisturbed, unless the prior written approval of the Grantor is
obtained. If these existing improvements are disturbed or destroyed by Grantee, then Grantee
shall restore these areas to the same condition as they were immediately prior to Grantee’s
entrance into these areas.
Grantor shall retain the right to use the Easement Area, including the immediately
adjacent areas, so long as Grantor’s use does not interfere with the Easement Purposes.
Under no circumstances shall any structures be placed or erected in the Easement Area
by Grantee, other than the aforementioned retaining wall.
It is understood and agreed that delivery of this easement is hereby tendered and that
the terms and obligations hereof shall not become binding upon the City of Covington unless
and until accepted and approved hereon in writing for the City of Covington, by its authorized
agent.
Dated:
GRANTOR:
City of Kent
By: Dana Ralph
Title: Mayor
Accepted and Approved
CITY OF COVINGTON,
a Washington municipal corporation
By:
Regan Bolli, City Manager
Authorized Agent
Date:
(Notary Acknowledgment on Following Page)
4.B.b
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WALL EASEMENT
LPA-324 Page 3 of (4) Pages Parcel No. 362205-9184
10/2014
Acknowledgment
STATE OF WASHINGTON )
: ss
County of King )
On this _______ day of ______________ before me personally appeared Dana Ralph,
to me known to be the Mayor for the City of Kent, and that she executed the within
and foregoing instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said City of Kent, for the uses and purposes therein set forth,
and on oath states that she is authorized to execute said instrument.
GIVEN under my hand and official seal the day and year last above written.
(SEAL)
____________________________________
Notary Public in and for the State of
Washington, residing at ________________
My commission expires ________________
4.B.b
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WALL EASEMENT
LPA-324 Page 4 of (4) Pages Parcel No. 362205-9184
10/2014
EXHIBIT A
PARCEL 362205-9184-06
WALL EASEMENT DESCRIPTION
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROADWAY PURPOSES BY
INSTRUMENT RECORDED UNDER RECORDING NO. 1400465;
AND EXCEPT THAT PORTION CONDEMNED BY THE STATE OF WASHINGTON UNDER KING
COUNTY CAUSE NO. 90-2-24267-6
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 36,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON;
THENCE S 00°03'58" E, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 50
01 FEET, SAID DISTANCE BEING 50.00 FEET SOUTH OF THE S.R. 516 CENTERLINE AND THE POINT
OF BEGINNING;
THENCE CONTINUING S 00°03'58" E, ALONG SAID EAST LINE, A DISTANCE OF 66 00 FEET TO A
POINT LYING 116.01 FEET SOUTH SAID CENTERLINE;
THENCE S 89°56'02" W, A DISTANCE OF 33.03 FEET;
THENCE N 00°31'01" E A DISTANCE OF 58.32 FEET TO A POINT LYING 59.00 FEET SOUTH OF SAID
CENTERLINE; THENCE N 87°39’59" W, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 49.91
FEET;
THENCE N 02°20'01" E, PERPENDICULAR WITH SAID CENTERLINE, A DISTANCE OF 9.0 0 FEET TO A
POINT LYING 50.00 FEET SOUTH OF SAID CENTERLINE;
THENCE S 87°39'59" E, PARALLEL WITH SAID CENTERLINE A DISTANCE OF 80.58 FEET;
THENCE S 89°12'37" E, PARALLEL WITH SAID CENTERLINE A DISTANCE OF 1.42 FEET TO THE
POINT OF BEGINNING.
CONTAINING 2,627 SQUARE FEET, MORE OR LESS
THE LANDS HEREIN DESCRIBED CONTAIN AN AREA OF 2,627 SQUARE FEET, MORE OR LESS, THE
SPECIFIC DETAILS CONCERNING ALL OF WHICH ARE TO BE FOUND ON SHEETS RW-01 AND RW-
02 OF THAT CERTAIN PLAN ENTITLED SR 516 (SE 272nd ST) IMPROVEMENTS BETWEEN JENKINS
CREEK AND 185TH PL SE. NOW ON RECORD AND ON FILE AT THE CITY OF COVINGTON AND
BEARING DATE OF APPROVAL, 11-04-19.
Grantor’s Initials
4.B.b
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After recording return document to:
City of Covington
16720 SE 271st Street, Suite 100
Covington, WA 98042
FA No.
Project No.
LPA-324 Page 1 of (4) Pages Parcel No. 362205-9184
10/2014
Document Title: Access Easement
Grantor(s): City of Kent
Grantee(s): City of Covington
Legal Description: Ptn NE ¼ of NE ¼ of STR 36-22-5
Additional Legal Description is on Page 4 of Document.
Assessor’s Tax Parcel Number: 362205-9184-05
ACCESS EASEMENT
SR 516 (SE 272nd ST) Improvements Between Jenkins Creek and 185th PL SE
City of Kent (“Grantor”), for and in consideration of TEN AND NO/100 Dollars, and
other valuable consideration, conveys and grants unto the City of Covington and its assigns,
(“Grantee”), under the imminent threat of the Grantee’s exercise of its rights of Eminent
Domain, a non-exclusive easement over, under, upon and across the hereinafter described lands
for the purpose of the construction and future maintenance of a pedestrian trail crossing SE
272nd Street under the new roadway bridge over Jenkins Creek.
Said lands being situated in King County, State of Washington, and described as
follows:
For legal description and additional conditions
See Exhibit A attached hereto and made a part hereof (the “Easement Area”)
The easement rights conveyed for the Easement Area in clude, but are not limited to, a
pedestrian trail; ingress and egress for installation, maintenance, construction, alteration,
reconstruction, and repair of fencing and landscaping to channelize trail users away from the
adjacent creek; maintenance of landscaping and vegetation; and for removal of trash or refuse
left in the Easement Area (“Easement Purposes”).
Grantee shall have the right, without prior institution of suit or proceeding at law, at
times as may be necessary, to enter upon the Easement Area, and any immediately adjacent
areas, with the necessary equipment for the Easement Purposes, without incurring any legal
obligation or liability.
4.B.c
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ACCESS EASEMENT
LPA-324 Page 2 of (4) Pages Parcel No. 362205-9184
10/2014
Grantee shall leave any improvements already existing within the Easement Area and
the immediately adjacent areas undisturbed, unless the prior written approval of the Grantor is
obtained. If these existing improvements are disturbed or destroyed by Grantee, then Grantee
shall restore these areas to the same condition as they were immediately prior to Grantee’s
entrance into these areas.
Grantor shall retain the right to use the Easement Area, including the immediately
adjacent areas, so long as Grantor’s use does not interfere with the Easement Purposes.
Under no circumstances shall any structures be placed or erected in the Easement Area
by Grantee.
It is understood and agreed that delivery of this easement is hereby tendered and that
the terms and obligations hereof shall not become binding upon the City of Covington unless
and until accepted and approved hereon in writing for the City of Covington, by its authorized
agent.
Dated:
GRANTOR:
City of Kent
By: Dana Ralph
Title: Mayor
Accepted and Approved
City of Covington
By:
Title:
Date:
(Notary Acknowledgment on Following Page)
4.B.c
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ACCESS EASEMENT
LPA-324 Page 3 of (4) Pages Parcel No. 362205-9184
10/2014
Acknowledgment
STATE OF WASHINGTON )
: ss
County of King )
On this _______ day of ______________ before me personally appeared Dana Ralph,
to me known to be the Mayor for the City of Kent, and that she executed the within
and foregoing instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said City of Kent, for the uses and purposes therein set forth,
and on oath states that she is authorized to execute said instrument.
GIVEN under my hand and official seal the day and year last above written.
(SEAL)
____________________________________
Notary Public in and for the State of
Washington, residing at ________________
My commission expires ________________
4.B.c
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ACCESS EASEMENT
LPA-324 Page 4 of (4) Pages Parcel No. 362205-9184
10/2014
EXHIBIT A
PARCEL 362205-9184-06
ACCESS EASEMENT DESCRIPTION
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROADWAY PURPOSES BY
INSTRUMENT RECORDED UNDER RECORDING NO. 1400465;
AND EXCEPT THAT PORTION CONDEMNED BY THE STATE OF WASHINGTON UNDER KING
COUNTY CAUSE NO. 90-2-24267-6
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 36,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON;
THENCE S 00°03'58" E, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF
50.01 FEET, SAID DISTANCE BEING 50.00 FEET SOUTH OF THE S.R. 516 CENTERLINE AND THE
POINT OF BEGINNING;
THENCE CONTINUING S 00°03'58" E, ALONG SAID EAST LINE, A DISTANCE OF 88.03 FEET;
THENCE S 89°56'02" W, A DISTANCE OF 44.00 FEET;
THENCE N 46°01'59" W, A DISTANCE OF 120.05 FEET;
THENCE N 02°20’01” E, PERPENDICULAR TO SAID CENTERLINE, A DISTANCE OF 10 .00 FEET TO A
POINT LYING 50.00 FEET SOUTH OF SAID CENTERLINE;
THENCE S 87°39'59" E, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 128.58 FEET;
THENCE S 89°12'37" E, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 1.42 FEET TO THE
POINT OF BEGINNING.
CONTAINING 8,218 SQUARE FEET, MORE OR LESS.
THE LANDS HEREIN DESCRIBED CONTAIN AN AREA OF 8,218 SQUARE FEET, MORE OR LESS, THE
SPECIFIC DETAILS CONCERNING ALL OF WHICH ARE TO BE FOUND ON SHEETS RW-01 AND RW-
02 OF THAT CERTAIN PLAN ENTITLED SR 516 (SE 272nd ST) IMPROVEMENTS BETWEEN JENKINS
CREEK AND 185TH PL SE. NOW ON RECORD AND ON FILE AT THE CITY OF COVINGTON AND
BEARING DATE OF APPROVAL, 11-04-19.
Grantor’s Initials
4.B.c
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After recording return document to:
City of Covington
16720 SE 271st Street, Suite 100
Covington, WA 98042
FA No. STP-0516(22)
Project No.CIP 1127
LPA-324 Page 1 of (4) Pages Parcel No. 362205-9184
10/2014
Document Title: Temporary Construction Easement
Grantor(s): City of Kent
Grantee(s): City of Covington
Legal Description: Ptn. NE ¼ Section 36 T22N R5E WM
Additional Legal Description is on Exhibit A, Page 4 of Document.
Assessor’s Tax Parcel Number: 362205-9184-05
TEMPORARY CONSTRUCTION EASEMENT
SR 516 (SE 272nd ST) Improvements Between Jenkins Creek and 185th PL SE
City of Kent (“Grantor”), for and in consideration of TEN AND NO/100 Dollars, and
other valuable consideration, conveys and grants unto the City of Covington and its assigns,
(“Grantee”), under the imminent threat of the Grantee’s exercise of its rights of Eminent
Domain, the right, privilege and easement over, upon, and across the hereinafter described lands
for the purpose of instream work for realignment of Jenkins Creek to match construction of a
new roadway bridge over Jenkins Creek (“Easement Purposes”). Instream work occurs only
during fish window restrictions and is anticipated to take up to three construction seasons.
The term of this Easement is for 36 months. The term shall commence upon initiation
of Grantee's construction within the Easement Area, but no sooner than November 1, 2019, and
shall remain in force until no later than November 1, 2022, or until completion of construction,
whichever occurs first. Actual occupancy will be no longer than 9 months. This Easement may
be extended by mutual written consent of the Grantor and Grantee. Grantee shall provide
fourteen days written notice to the Grantors prior to the commencement of construction.
Said lands being situated in King County, State of Washington, and described as
follows:
For legal description and additional conditions
See Exhibit A attached hereto and made a part hereof (the “Easement Area”)
Grantee shall have the right, without prior notice, institution of suit, or proceeding at
law, at times as may be necessary, to enter upon the Easement Area, and any immediately
adjacent areas, with the necessary equipment for the Easement Purposes, without incurring any
legal obligation or liability. Grantee shall not conduct maintenance or fuel construction
4.B.d
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TEMPORARY CONSTRUCTION EASEMENT
LPA-324 Page 2 of (5) Pages Parcel No. 362205-9184
10/2014
equipment within the Easement Area. Grantee shall have spill kits onsite to respond
immediately to any fluid leaks in the Easement Area.
Grantee shall leave any improvements already existing within the Easement Area and
the immediately adjacent areas undisturbed, unless the prior written approval of the Grantor is
obtained. If these existing improvements are disturbed or destroyed by Grantee, then Grantee
shall restore these areas to the same condition as they were immediately prior to Grantee’s
entrance into these areas. In addition, Grantee shall use commercially reasonable efforts to
avoid interfering with Grantor’s normal course of business within and surrounding the
Easement Area, and will ensure that Grantor has vehicular access at all times to the Armstrong
Springs water source.
Grantee shall at all times exercise its rights under this Easement in accordance with the
requirements of all applicable statutes, orders, rules and regulations of any public authority
having jurisdiction. Grantee shall defend, indemnify and hold harmless Grantor from and
against claims, damages, liability and fees and costs (including attorneys’ fees and costs)
incurred by or claimed against Grantor as a result of Grantee’s negligence in the exercise of the
rights herein granted to Grantee; provided, however, nothing herein shall require Grantee to
indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor
or the negligence of others unless such others are agents of or otherwise under the control of
Grantee. This indemnification shall survive the termination of this Easement.
Grantor shall retain the right to use the Easement Area, including the immediately
adjacent areas, so long as Grantor’s use does not interfere with the Easement Purposes.
The rights granted by Grantor to Grantee under this Easement are for the limited purpose
of temporarily allowing Grantee entry on the Property for the Easement Purposes. Nothing
herein shall be construed as a conveyance of a real property interest from Grantor to Grantee.
4.B.d
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TEMPORARY CONSTRUCTION EASEMENT
LPA-324 Page 3 of (5) Pages Parcel No. 362205-9184
10/2014
It is understood and agreed that delivery of this temporary easement is hereby tendered
and that the terms and obligations hereof shall not become binding upon the City of Covington
unless and until accepted and approved hereon in writing for the City of Covington, by its
authorized agent.
Dated:
GRANTOR:
City of Kent
By: Dana Ralph
Title: Mayor
Accepted and Approved
CITY OF COVINGTON,
a Washington municipal corporation
By:
Regan Bolli, City Manager
Authorized Agent
Date:
(Notary Acknowledgment on Following Page)
4.B.d
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TEMPORARY CONSTRUCTION EASEMENT
LPA-324 Page 4 of (5) Pages Parcel No. 362205-9184
10/2014
Acknowledgment
STATE OF WASHINGTON )
: ss
County of King )
On this _______ day of ______________ before me personally appeared Dana Ralph,
to me known to be the Mayor for the City of Kent, and that she executed the within
and foregoing instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said City of Kent, for the uses and purposes therein set forth,
and on oath states that she is authorized to execute said instrument.
GIVEN under my hand and official seal the day and year last above written.
(SEAL)
____________________________________
Notary Public in and for the State of
Washington, residing at ________________
My commission expires ________________
4.B.d
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TEMPORARY CONSTRUCTION EASEMENT
LPA-324 Page 5 of (5) Pages Parcel No. 362205-9184
10/2014
EXHIBIT A
PARCEL 362205-9184-06
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROADWAY PURPOSES BY
INSTRUMENT RECORDED UNDER RECORDING NO. 1400465;
AND EXCEPT THAT PORTION CONDEMNED BY THE STATE OF WASHINGTON UNDER KING
COUNTY CAUSE NO. 90-2-24267-6
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EAST BOUNDARY OF THE ABOVE DESCRIBED PARCEL
LYING 50.00 FEET SOUTH OF THE CENTERLINE OF S.R. 516;
THENCE N 89°12'37" W, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 1.42 FEET;
THENCE N 87°39'59" W, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 128.58 FEET TO THE
POINT OF BEGINNING;
THENCE S 02°20'01" W, PERPENDICULAR TO SAID CENTERLINE, A DISTANCE OF 10.00 FEET;
THENCE S 46°01'59" E, A DISTANCE OF 120.05 FEET;
THENCE S 68°10'29" W, A DISTANCE OF 98.34 FEET;
THENCE N 87°39'59" W, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 400.00 FEET;
THENCE N 02°20'01" E, PERPENDICULAR TO SAID CENTERLINE, A DISTANCE OF 130.00 FEET TO
A POINT LYING 50.00 FEET SOUTH OF SAID CENTERLINE;
THENCE S 87°39'59" E, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 400.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 57,383 SQUARE FEET, MORE OR LESS.
THE LANDS HEREIN DESCRIBED CONTAIN AN AREA OF 57,383 SQUARE FEET, MORE OR LESS,
THE SPECIFIC DETAILS CONCERNING ALL OF WHICH ARE TO BE FOUND ON SHEETS RW-01 AND
RW-02 OF THAT CERTAIN PLAN ENTITLED SR 516 (SE 272nd ST) IMPROVEMENTS BETWEEN
JENKINS CREEK AND 185TH PL SE. NOW ON RECORD AND ON FILE AT THE CITY OF COVINGTON
AND BEARING DATE OF APPROVAL, 11-04-19.
Grantor’s Initials
4.B.d
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REAL PROPERTY VOUCHER
AGENCY NAME I hereby certify under penalty of perjury that the items and amounts listed herein are
proper charges against the Agency, that the same or any part thereof
City of Covington has not been paid, and that I am authorized to sign for the claimant.
16720 SE 271st Street, Suite 100
Covington WA 98042 SIGNATURE (IN INK) FOR EACH CLAIMANT DATED
City of Kent, a Washington municipal corporation
GRANTOR OR CLAIMANT (NAME, ADDRESS)TIN/SSN:
City of Kent X
220 4th Ave. S Dana Ralph, Mayor
Kent, WA 98032
PROJECT NO. AND TITLE
SR 516 (SE 272nd ST)
Improvements Between Jenkins Creek and 185th PL SE X
FEDERAL AID NO.PARCEL NO.
STIP-0516(22)362205-9184-06
In full, complete and final payment and settlement for the title or interest conveyed or released, as fully set forth in:DATED $ AMOUNT
Warranty Deed, Wall Easement, Access Easement, Temp. Constr. Easement
LAND:
4,713 SF land in fee ($940); 2,627 SF Wall Easement ($475);
8,218 SF Access Easement ($1,150); and 57,383 SF TCE ($2,580) +$5,145.00
IMPROVEMENTS:
+
DAMAGES:
Cost to Cure +
Proximity +
Other +
SPECIAL BENEFITS
JC (Just Compensation) Amount $5,145.00
REMAINDER:
Uneconomic Remnant +
Excess Acquisition +
DEDUCTIONS:
Amount Previously Paid
Performance Bond
Salvage Amount
Pre Paid Rent
Other
ADMINISTRATIVE SETTLEMENT +
STATUTORY EVALUATION ALLOWANCE +
ESCROW FEE +
REAL ESTATE EXCISE TAX +
OTHER:
+
ACQUISITION AGENT DATE Voucher No.TOTAL AMOUNT PAID
Jennifer Oxrieder $5,145.00
AUTHORIZED AGENT FOR AGENCY DATE
LPA-321 10/2014
4.B.e
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: March 10, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Grant Acceptance - Pedestrian Crossing on West James
Street at Second Avenue North - Authorize
MOTION: Authorize the Mayor to sign the System Access Fund Project
Agreement between the City of Kent and the Central Puget Sound Regional
Transit Authority for the West James Street at Second Avenue crossing
improvements, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: In 2016, the voters approved the Sound Transit 3 (ST3) package which
included $100 million in a System Access Fund to be allocated to jurisdictions
among Sound Transit’s five subareas. The City of Kent applied for and was awarded
funding in the amount of $273,683 to design and construct a mid-block pedestrian
crossing on West James Street at Second Avenue North. This project will include
the installation of a rectangular rapid flash beacon, high visibility crosswalk, raised
median with a pedestrian cut-through and improve the existing ADA curb ramps on
James and Second Avenue North. The new crossing will improve access to Kent
Station. For bicyclists on the north side of west James Street, the new crossing
provides an opportunity to access the shared use path on the south side of West
James Street.
BUDGET IMPACT: Unanticipated income of $273,683. No budget match is
required.
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.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Kent System Access Fund Agreement (PDF)
4.C
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System Access Fund Project Agreement Page 1 of 10 GA 0009-20
SYSTEM ACCESS FUND PROJECT AGREEMENT
BETWEEN THE CITY OF KENT AND THE CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTHORITY FOR THE
WEST JAMES STREET CROSSING IMPROVEMENTS
GA 0009-20
This Agreement, made and entered into this _____ day of _________________, 2020, between
the City of Kent (hereinafter “City”), and the Central Puget Sound Regional Transit Authority,
(hereinafter "Sound Transit");
WHEREAS, the Sound Transit 3 (“ST3”) high capacity transit system expansion plan was
approved by the voters in November 2016 and includes a $100 million System Access Program to
“fund such projects as safe sidewalks and protected bike lanes, shared use paths, improved bus-
rail integration, and new pick-up and drop-off areas that provide convenient access so that more
people can use Sound Transit services;”
WHEREAS, Sound Transit opened the System Access Fund 2019 Call for Projects in February
2019 and subsequently evaluated applications from local governments against evaluation criteria
identified by the Sound Transit Executive Committee;
WHEREAS, at the conclusion of the public comment period and online open house in August
2019, the Sound Transit Board of Directors approved 30 applications from 27 local governments
on September 26, 2019;
WHEREAS, Sound Transit and the City have a joint interest in delivering on pedestrian and
bicycle improvements for the street crossing at West James Street and 2nd Avenue North,
(hereinafter the “Project), which was duly approved by the Sound Transit Board of Directors as
part of the System Access Program by virtue of M2019-97;
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances
contained herein, or attached and incorporated and made a part hereof, it is mutually agreed as
follows:
1.GENERAL
1.1. Purpose. The intent of this Agreement is to establish the terms and conditions for the eligible
work to be performed for the Project during the duration of this Agreement. Attached hereto
as Exhibit A, is the Scope of Work and Deliverables, which outlines the activities, products
and general capital improvements eligible for funding by Sound Transit, as presented to Sound
Transit in the City’s application for Project funding. Funds may be expended on eligible
elements listed in Exhibit A up to the not to exceed amount outlined in Section 1.2 below.
4.C.a
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System Access Fund Project Agreement Page 2 of 10 GA 0009-20
1.2. Agreement Not-to-Exceed Amount. The total amount of the Agreement shall not exceed
$273,683.00. No payments will be made in excess of the established not-to-exceed amount
according to the Project Description outlined in Section 2.1 below.
The funding amount provided by Sound Transit does not include federal funding.
2. PROJECT DESCRIPTION
2.1. The Project will install a Rectangular Rapid Flash Beacon (RRFB), high visibility crosswalk,
raised median with a pedestrian cut-through and ADA ramp on West James Street at 2nd
Avenue North as identified in Exhibit A, Scope of Work and Deliverables. Sound Transit
funding will support two Phases:
2.1.1. Design Phase. The City will design the above elements. The Design Phase is expected
to require $63,158.00 of the total Not-to-Exceed amount noted in Section 1.2. Any
work in the Design Phase exceeding $63,158.00 must be approved by Sound Transit.
To be reimbursed for the Design Phase, the City must provide the following: 1)
Exhibit B, Project Schedule, 2) Exhibit C, Engineer’s Estimate.
2.1.2. Construction Phase. The City will construct the Project. To be reimbursed for the
Construction Phase, the City must provide the following: 1) completed design plans
for Sound Transit review, 1) updated Exhibit B, Project Schedule; 2) Exhibit D,
Environmental Review Certification; 3) Exhibit E, ROW Certification; 4) updated
Exhibit C, Engineer’s Estimate
3. PROJECT MANAGEMENT
3.1. Designated Representatives. The City and Sound Transit have designated formal points of
coordination for this Agreement. The Designated Representatives shall communicate
regularly to discuss the status of the tasks to be performed, to identify upcoming decisions
related to the Project, to provide any information or input necessary to inform those
decisions, and to resolve any issues or disputes related to the Project consistent with this
Agreement.
The Designated Representatives are:
CITY
SOUND TRANSIT
Alex Krieg
Deputy Director, Planning & Integration
401 S Jackson St
Seattle WA 98104
206-903-7663
Alex.Krieg@soundtransit.org
The Parties may change designated representatives by written notice to the other Party during the term
of the Agreement.
4.C.a
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System Access Fund Project Agreement Page 3 of 10 GA 0009-20
3.2. Reporting Requirements. The City is required to submit a Quarterly Progress Report to Sound
Transit’s Designated Representative to include the below elements (Exhibit F: Template for
Reporting Requirements). The report may include supporting documentation (photos, City
documentation, financial information, etc.).
3.2.1. Project Update. Status of major activities including, the Design Phase and
Construction Phase, in the reporting period, both current and upcoming.
3.2.2. Assessment of on-going risks. The City will notify Sound Transit of any issues that
may affect the Project Schedule and overall implementation of the Project.
3.2.3. Project Funding. Summary of expenditures during reporting period, and expected
expenditures in the subsequent reporting period.
3.3. Eligible Costs. Eligible costs include actual costs identified in Exhibit A, Scope of Work and
Deliverables.
3.4. Additional Project Funding. The Not-to-Exceed funding amount in Paragraph 1.2 represents
one hundred percent (100%) of the total Project cost.
3.5. Project Schedule. The parties agree to the schedule identified in Exhibit B, Project Schedule.
The City shall complete all work and deliverables of the Project by one year after the expected
project completion date shown in Exhibit B, Project Schedule, unless otherwise mutually
agreed in writing by both Parties. The City is responsible for notifying Sound Transit of any
material changes to the Project Schedule and rationale for the change in writing as part of its
required quarterly reporting requirements.
3.6. City Work. The City is solely responsible for the environmental review, design, permitting,
construction, project and construction management of all applicable Project elements
including, but not limited to, procurement and construction administration. The City is
responsible for all costs relating to the operations or maintenance of service and capital
improvements related to the Project upon its completion. The City is the owner of the
completed project. Sound Transit is not responsible for funding any service operations or for
maintenance of any improvements implemented under this Agreement.
3.7. Signage. Any identification signage that is used during the Project shall identify Sound Transit
as a funding partner.
3.8. Design Review. The City shall provide Sound Transit the opportunity to review design plans
at milestones identified in Exhibit B, Project Schedule.
3.9. Project Closeout. Before payment of the final invoice, the City and Sound Transit will meet
to ensure final deliverables are complete per Exhibit A, Scope of Work and Deliverables.
4. INVOICING
4.C.a
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System Access Fund Project Agreement Page 4 of 10 GA 0009-20
4.1. The City will submit quarterly invoices and supporting documentation that align with the
Scope of Work and Deliverables for payment (See Exhibit G, Invoice Template). The
invoices must include the Sound Transit purchase order number provided by Sound Transit.
4.2. The City will submit its invoices with the required Project reporting documentation (as
outlined in Section 3.2), in two .pdf files, via email to accountspayable@soundtransit.org (and
carbon copying the Project Designated Representative). Invoices will be paid within (30) days
of Sound Transit’s receipt of the invoice and acceptable and complete supporting
documentation.
4.3. The City agrees to submit a final invoice to Sound Transit within forty-five (45) days after the
City has completed each phase of the work.
4.4. If Sound Transit determines that an invoice lacks sufficient documentation to support
payment, Sound Transit will notify the City of its determination and request that the City
provide additional documentation. Sound Transit may withhold payment of the invoice until
supporting documentation is provided, however such approval shall not be unreasonably
withheld.
5. TERM, SUSPENSION, AND TERMINATION
5.1. Term. This Agreement shall take effect upon the last date of signature by the Parties as set
forth below. This Agreement shall remain in effect until 180 days following Project
completion, unless extended by mutual written agreement of the Parties, superseded by a
future agreement, or suspended or terminated in accordance with this Section 5.
5.2. Termination by Sound Transit. Sound Transit may terminate this Agreement under the
following circumstances:
5.2.1. If work as defined in Exhibit A is not completed by one year after the expected project
completion date shown in Exhibit B, Project Schedule, unless otherwise agreed to by
the Parties.
5.2.2. If the City fails to make progress towards completing the Project and the City has not
provided adequate assurances of its desire or ability to complete the Project and
commence operations.
If the Agreement is terminated under this Section 5.2, the City shall reimburse Sound Transit
the full amount of all payments it made to the City under this Agreement within 90 days of
the date of termination. The City may ask for an extension of time to complete the Project for
good cause. Sound Transit’s agreement to extend the completion will not be unreasonably
withheld.
5.3. Termination by Either Party. Either Party may terminate this Agreement for cause in the event
that the other Party fails to fulfill its material obligations under this Agreement in a timely
manner or breaches any material provision of this Agreement and the Dispute Resolution
4.C.a
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System Access Fund Project Agreement Page 5 of 10 GA 0009-20
Process has failed to reach resolution within the timelines described therein. The Party wishing
to terminate this Agreement for cause will provide the other Party with notice of its intent to
terminate and will give the other Party an opportunity to correct the failure to perform or
breach within thirty (30) days of the notice or within such longer period as may be necessary
in the event that correction cannot reasonably be accomplished within thirty (30) days. If the
failure or breach is not corrected or cured, this Agreement may be terminated by the aggrieved
Party by giving ninety (90) days’ notice to the other Party.
5.4. Except as provided in this Section, a termination by either Party will not extinguish or release
either Party from liability for costs or obligations existing as of the date of termination. Any
costs incurred prior to proper notification of termination will be borne by the Parties in
accordance with the terms of this Agreement.
6. INDEMNITY
6.1. To the maximum extent permitted by law, the City will hold harmless from, and indemnify
and defend Sound Transit (including its board members, officers, directors and employees)
(the “Indemnified Parties”) from and against any and all claims, demands, losses, lawsuits,
actions, or liability of any kind or nature, arising out of or relating to the City’s design,
construction, maintenance or operation of the Project, including claims by the City’s
employees. THE CITY SPECIFICALLY ASSUMES POTENTIAL LIABILITY FOR
ACTIONS BROUGHT BY THE CITY’S OWN EMPLOYEES OR FORMER
EMPLOYEES AGAINST ANY INDEMNIFIED PARTY, AND FOR THAT PURPOSE
THE CITY SPECIFICALLY WAIVES ALL IMMUNITY AND LIMITATIONS ON
LIABILITY UNDER THE WORKERS COMPENSATION ACT, RCW TITLE 51, OR
ANY INDUSTRIAL INSURANCE ACT, DISABILITY BENEFIT ACT OR OTHER
EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD
OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. THIS
INDEMNITY OBLIGATION SHALL NOT BE LIMITED BY ANY LIMITATION ON
THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS
PAYABLE BY OR FOR THE CITY OR A CONTRACTOR UNDER WORKERS’
COMPENSATION, DISABILITY BENEFIT OR OTHER EMPLOYEE BENEFITS
LAWS. THE CITY RECOGNIZES THAT THIS WAIVER WAS SPECIFICALLY
ENTERED INTO AND WAS THE SUBJECT OF MUTUAL NEGOTIATION.
PROVIDED, HOWEVER, THE CITY’S WAIVER OF IMMUNITY BY THE
PROVISIONS OF THIS PARAGRAPH EXTENDS ONLY TO CLAIMS AGAINST
THE CITY BY SOUND TRANSIT, AND DOES NOT INCLUDE, OR EXTEND TO,
ANY CLAIMS BY THE CITY’S EMPLOYEE(S) DIRECTLY AGAINST THE CITY.
The foregoing indemnity applies only to the extent of the City’s negligence.
6.2. The City further agrees to assume the defense of the Indemnified Parties with legal counsel
acceptable to Sound Transit, whose acceptance shall not be unreasonably withheld. In all legal
or claim proceedings arising out of, in connection with, or incidental to the City’s work or that
of its contractors, subcontractors of any tier, suppliers, consultants and sub-consultants. The
City shall pay all defense expenses, including attorney’s fees, expert fees, and costs incurred
directly or indirectly on account of such litigation or claims, and shall satisfy any judgment
4.C.a
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System Access Fund Project Agreement Page 6 of 10 GA 0009-20
rendered in connection therewith. The City may settle any suit, claim, action cost, loss penalty
or damages, subject to the approval of Sound Transit, whose approval shall not be
unreasonably withheld, if such settlement completely and forever extinguishes any and all
liability of the Indemnified Parties. In the event of litigation between the Parties hereto to
enforce the rights under this provision, reasonable attorney fees shall be allowed to the
prevailing party.
6.3. Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise
in relation to this Agreement, and each Party will fully indemnify and hold the other Party, its
officers, agents and employees harmless from any tax liability owed by the other Party arising
from or related to the transactions set forth herein, including, but not limited to, any taxes,
penalties, fines, and/or interest that are assessed by any tax authority against the indemnifying
Party and further including all attorneys’ fees and costs incurred in response to any claims or
assessments by any tax authority against indemnifying Party, its officers, agents and
employees.
6.4. The obligations in this Section will survive termination or completion of this Agreement as to
any claim, loss or liability arising from events occurring prior to such termination or
completion.
7. AUDITS
7.1. Each Party will maintain accounts and records, including contract and financial records that
sufficiently and properly reflect all direct and indirect costs of any nature expended for work
performed under this Agreement so as to ensure proper accounting for all monies paid to the
City by Sound Transit. These records will be maintained for a period of six (6) years after
termination or expiration of this Agreement unless permission to destroy the records is granted
by the Office of the Archivist pursuant to RCW Chapter 40.14 and agreed to by the Parties.
7.2. The City will make all Project records available for Sound Transit inspection upon prior
reasonable request. Audits may be performed by Sound Transit or its independent public
accountants to ensure compliance with and enforcement of this Agreement. Should the audit
determine that funds from Sound Transit have been used for expenses that were ineligible,
then Sound Transit shall provide a copy of the auditor’s determination to the City. If the City
agrees with the determination, then the City will reimburse Sound Transit the amounts found
to have been ineligible. If the City disputes the auditor’s determination, then the matter shall
be referred to the dispute resolution process set forth in Section 9.
8. INSURANCE
8.1. Coverage. During the construction phase of any eligible elements within the Project, the
City shall provide primary insurance coverage in the amounts that it deems necessary for
construction projects of similar size and cost. If the City is self-insured, it shall provide to
Sound Transit's risk manager a certificate of self-insurance. The City shall require their
contractor(s) and sub-contractors to obtain and maintain insurance in amounts and types
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suitable to protect Sound Transit and the City from exposures presented by the work
performed under this Agreement. The minimum insurance requirements during the entire
term of this Agreement are set forth below:
a) Commercial General Liability in the amount of two million dollars ($2,000,000) each
occurrence limit, two million dollars ($2,000,000) general aggregate limit, covering bodily
injury including death, personal injury, property damage, Employers' Liability and
contractual coverage endorsements, and utilize insurers and coverage forms acceptable to
Sound Transit.
b) Commercial Auto Liability coverage for bodily injury and property damage utilizing
insurers and coverage forms acceptable to Sound Transit, with a limit of at least one million
dollars ($1,000,000) combined single limit.
c) Worker's Compensation insurance coverage, where applicable, shall comply with State of
Washington Labor and Industries requirements.
d) Builders Risk coverage will be the responsibility of all contractors and subcontractors.
e) Pollution Liability (if there is any potential environmental liability exposure) in the
amount of one million dollars ($1,000,000) each occurrence and two million dollars
($2,000,000) aggregate.
f) Professional Liability (if there is a potential professional liability exposure) in the amount
of one million dollars ($1,000,000) per claim.
8.2. Certificates. Certificates of insurance must name Sound Transit as an "Additional Insured,"
and shall reference the number and title of this Agreement. All insurance coverage obtained
by the City or its contractors and subcontractors must name Sound Transit, its officers and
employees as "additional insured's" and contain "severability of interest" (cross liability)
provisions. The City’s and the contractor's insurance policies shall be primary to and not
contributing with any insurance or self-insurance that may be carried by Sound Transit and
waive their right of Subrogation against Sound Transit. Certificates of Insurance, including
the Additional Insured Endorsements, Waiver of Subrogation Endorsements and Primary
and Non-Contributory Endorsements, will be provided to Sound Transit before the start of
any work performed under this Agreement.
9. DISPUTE RESOLUTION
9.1. Any disputes or questions of interpretation of this Agreement or the performance of either
Party under this Agreement that may arise between Sound Transit and the City shall be
governed under the dispute resolution provisions in this Section 9. The Parties agree that
neither Party may take or join any action in any judicial or administrative forum to challenge
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System Access Fund Project Agreement Page 8 of 10 GA 0009-20
the other Party’s performance under this Agreement until the dispute resolution process in this
Section 9 has been exhausted.
9.2. The Parties agree that cooperation and communication are essential to resolving issues
efficiently. The Parties agree to use their best efforts to prevent and resolve potential sources
of conflict at the lowest level possible.
9.3. Either Party may refer a dispute to the dispute resolution process by providing written notice
of such referral to the other Party’s Designated Representative. The Parties agree to use their
best efforts to resolve disputes arising out of or related to this Agreement using good faith
negotiations by engaging in the following dispute resolution process should any such disputes
arise:
a. Level One - Sound Transit’s Designated Representative and the City’s Designated
Representative shall meet to discuss and attempt to resolve the dispute in a timely
manner. If they cannot resolve the dispute within fourteen (14) days after referral of
that dispute to Level One, either party may refer the dispute to Level Two.
b. Level Two - Sound Transit’s Deputy Executive Director, Office of Planning &
Innovation, and the City’s Departmental Leads shall meet to discuss and attempt to
resolve the dispute in a timely manner. If they cannot resolve the dispute within
fourteen (14) days after referral of that dispute to Level Two, either Party may refer
the dispute to Level Three.
c. Level Three - Sound Transit’s Executive Director or Designee and the City’s
Department Directors or Designee shall meet to discuss and attempt to resolve the
dispute in a timely manner.
9.4. In the event the dispute is not resolved at Level Three within fourteen (14) days after referral
of that dispute to Level Three, the Parties are free to file suit, seek any available legal remedy,
or agree to alternative dispute resolution methods such as mediation. At all times prior to
resolution of the dispute, the Parties shall continue to perform any undisputed obligations and
make any undisputed required payments under this Agreement in the same manner and under
the same terms as existed prior to the dispute. Notwithstanding anything in this Agreement to
the contrary, neither Party has any obligation to participate in mediation or any other form of
alternative dispute resolution following completion of Level Three of the process described
herein. A Party may decline to participate in such proceeding for any reason or no reason.
10. LEGAL PROVISIONS
10.1. Warranties. By execution of this Agreement, both Parties warrant that they have the full
right and authority to enter into and perform this Agreement, and that by entering into or
performing this Agreement, they are not in violation of any law, regulation, or agreement;
and that the execution, delivery and performance of the Agreement has been duly authorized
by all requisite corporate action, and that the signatories hereto, which have signed on each
Parties behalf, are authorized to sign this Agreement.
4.C.a
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System Access Fund Project Agreement Page 9 of 10 GA 0009-20
10.2. No waiver. Neither Party will be relieved of its obligations to comply promptly with any
provision of this Agreement by reason of any failure by the other Party to enforce prompt
compliance, and such failure to enforce will not constitute a waiver of rights or acquiescence
in the other Party’s conduct.
10.3. Costs. Each Party will be responsible for its own costs, including legal fees, incurred in
negotiating or finalizing this Agreement, unless otherwise agreed in writing by the Parties.
If either Party brings any claim or lawsuit arising from this Agreement, each Party will pay
all its legal costs and attorney’s fees and expenses incurred in defending or bringing such
claim or lawsuit, including all appeals, in addition to any other recovery or award provided
by law; however, nothing in this paragraph will be construed to limit the Parties’ rights to
indemnification.
10.4. Public Records. Each Party shall be responsible for its own public records and public
records requests.
10.5. Notices. All notices required under this Agreement must be in writing and addressed to the
Designated Representative. All notices must be either: (i) delivered in person, (ii) deposited
postage prepaid in the certified mails of the United States, return receipt requested, (iii)
delivered by a nationally recognized overnight or same-day courier service that obtains
receipts, or (iv) delivered electronically to the other Party’s Designated Representative.
However, notice under Section 5, termination, must be delivered in person or by certified
mail, return receipt requested.
10.6. The parties may not unreasonably withhold requests for information, approvals or consents
provided for in this Agreement; provided, however, that approvals or consents required to
be given by vote of the Sound Transit Board or the City Board are recognized to be
legislative actions. The parties will take further actions and execute further documents,
either jointly or within their respective powers and authority, to implement the intent of this
Agreement. The City and Sound Transit will work cooperatively with each other to achieve
the mutually agreeable goals as set forth in this Agreement.
10.7. Time is of the essence in every provision of this Agreement. Unless otherwise set forth in
this Agreement, the reference to “days” shall mean calendar days unless otherwise noted.
Any reference to “working days” shall exclude any legal holidays and weekend days. If any
time for action occurs on a weekend or legal holiday, then the time period shall be extended
automatically to the next business day.
10.8. No joint venture or partnership is formed as a result of this Agreement. No employees,
agents or subcontractors of one Party shall be deemed, or represent themselves to be,
employees of any other Party.
10.9. This Agreement has been reviewed and revised by legal counsel for both Parties and no
presumption or rule that ambiguity shall be construed against the Party drafting the
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System Access Fund Project Agreement Page 10 of 10 GA 0009-20
document applies to the interpretation or enforcement of this Agreement. The Parties intend
this Agreement to be interpreted to the full extent authorized by applicable law.
10.10. This Agreement may be executed in several counterparts, each of which shall be deemed
an original, and all counterparts together shall constitute but one and the same instrument.
10.11. Severability. In case any term of this Agreement is held invalid, illegal, or unenforceable
in whole or in part, by a court of law, the Parties will reform the agreement to satisfy the
original intent of the Parties.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its
authorized representative affix her/his name in the appropriate space below:
SOUND TRANSIT
By:
Don Billen, Executive Director - PEPD
Date:
CITY
By:
Approved as to form:
By:
Sound Transit Legal Counsel
Date:
Approved as to form:
By:
City of Kent Legal Counsel
Exhibit List:
Exhibit A: Scope of Work and Deliverables
Exhibit B: Project Schedule
Exhibit C: Engineer’s Estimate
Exhibit D: Environmental Review Certification
Exhibit E: ROW Certification
Exhibit F: Template for Reporting Requirements
Exhibit G: Invoice Form
4.C.a
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System Access Fund Project Agreement Page 1 of 8
GA 0009-20
Exhibits
Exhibit A: Scope of Work and Deliverables
This project will install a Rectangular Rapid Flash Beacon (RRFB), high visibility crosswalk,
raised median with a pedestrian cut-through and ADA ramps on W James St at 2nd Ave N
splitting the distance (0.3 miles) between existing crossings to 0.16 miles.
Deliverables
60% and 90% Plans, Specifications, and updated Engineers Estimates (Exhibit C)
Bid ready Plans, Specifications, and updated Engineers Estimates (Exhibit C)
Exhibit D: Environmental Review Certification
Exhibit E: ROW Certification
Bid Tabulation
4.C.a
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System Access Fund Project Agreement Page 2 of 8
GA 0009-20
Exhibits
Exhibit B: Project Schedule
Agreement signed: 4/2020
60% Plans, Specifications and Estimate (PS&E) Review: 7/2020
90% PS&E Review 9/2020
Project Advertisement 3/2021
Bid Opening 4/2021
Council Project Award 5/2021
Project Construction Completion 6/2022
4.C.a
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ITEM
NO.ITEM DESCRIPTION UOM QTY
UNIT
COST TOTAL COST
1000 Mobilization LS 1 $ 20,000.00 $ 20,000.00
1010 Remove Existing Asphalt Concrete Pavement SY 40 $ 20.00 $ 800.00
1020 Remove Cement Concrete Sidewalk/Driveway SY 50 $ 25.00 $ 1,250.00
1025 Remove Cement Concrete Curb and Gutter LF 120 $ 15.00 $ 1,800.00
1050 Saw Cut Existing Asphalt Concrete Pavement LF 220 $ 5.00 $ 1,100.00
1060 Roadway Excavation Incl. Haul CY 10 $ 100.00 $ 1,000.00
1075 Gravel Borrow, Including Haul and Compaction TON 10 $ 45.00 $ 450.00
1080 Crushed Surfacing Top Course, 5/8 Inch Minus TON 20 $ 50.00 $ 1,000.00
1100 HMA Class 1/2", PG 58V‐22 TON 30 $ 250.00 $ 7,500.00
1101 Cement Concrete Sidewalk ADA Curb Ramp EA 3 $ 5,000.00 $ 15,000.00
1145 Cement Concrete Sidewalk SY 20 $ 100.00 $ 2,000.00
1205 Cement Concrete Curb and Gutter LF 120 $ 50.00 $ 6,000.00
1207 Pedestrian Curb LF 120 $ 45.00 $ 5,400.00
1208 Island Modification LS 1 $ 5,000.00 $ 5,000.00
1209 Detectable Warning Surface SF 70 $ 70.00 $ 4,900.00
1209 Remove Existing Landscape Tree (greater than 20”) EA 1 $ 1,500.00 $ 1,500.00
1320 Project Sign Installation EA 1 $ 1,000.00 $ 1,000.00
$ 75,700.00
5005 Traffic Control Labor HR 300 $ 70.00 $ 21,000.00
5010 Construction Signs Class A SF 200 $ 25.00 $ 5,000.00
5015 Traffic Control Supervisor HR 60 $ 80.00 $ 4,800.00
5020 Temporary Traffic Control Devices LS 1 $ 5,000.00 $ 5,000.00
5030 Portable Changeable Message Sign (PCMS) DAY 60 $ 100.00 $ 6,000.00
5031 Sequential Arrow Sign (SAS) DAY 50 $ 60.00 $ 3,000.00
5032 Permanent Signing LS 1 $ 5,000.00 $ 5,000.00
5033 Rectangular Rapid Flash Beacon EA 2 $ 30,000.00 $ 60,000.00
5032 Channelization LS 1 $ 5,000.00 $ 5,000.00
$ 114,800.00
7015 Inlet Protection EA 5 $ 125.00 $ 625.00
7030 ESC Lead HR 40 $ 80.00 $ 3,200.00
7040 SPCC Plan LS 1 $ 5,000.00 $ 5,000.00
7050 Street Cleaning HR 20 $ 160.00 $ 3,200.00
7055 Erosion/Water Pollution Control FA 1 $ 5,000.00 $ 5,000.00
$ 17,025.00
8025 Landscape Restoration FA 1 $ 3,000.00 $ 3,000.00
$ 3,000.00
$ 75,700.00
$ 114,800.00
$ 17,025.00
$ 3,000.00
$ 210,525.00
$ 63,157.50
$ 273,682.50
Pedestrian Crossing on W James Street at 2nd Ave N
SCHEDULE I- STREET
TOTAL SCHEDULE I- STREET
SCHEDULE V- TRAFFIC CONTROL
TOTAL SCHEDULE V- TRAFFIC CONTROL
SCHEDULE VII- TEMPORARY EROSION AND SEDIMENTATION CONTROL
TOTAL SCHEDULE VII- TEMPORARY EROSION AND SEDIMENTATION CONTROL
SCHEDULE VIII- ROADSIDE RESTORATION
TOTAL SCHEDULE VIII- ROADSIDE RESTORATION
30% Engineering & Construction Management
TOTAL CONSTRUCTION COST
SCHEDULE I- STREET
SCHEDULE V- TRAFFIC CONTROL
SCHEDULE VII- TEMPORARY EROSION AND SEDIMENTATION CONTROL
SCHEDULE VIII- ROADSIDE RESTORATION
CONSTRUCTION CONTRACT TOTAL ESTIMATE
4.C.a
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GA 0009-20
Exhibits
Exhibit D: Environmental Review Certification
The City to provide Environmental Review Certification
To be submitted prior to project bid. Project is anticipated to be exempt from SEPA review and is
not anticipated to trigger any additional environmental requirements.
4.C.a
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System Access Fund Project Agreement Page 6 of 8
GA 0009-20
Exhibits
Exhibit E: ROW Certification
The City to provide ROW Certification
To be submitted prior to project bid. No ROW acquisitions are anticipated.
4.C.a
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System Access Fund Project Agreement Page 7 of 8
GA 0009-20
Exhibits
Exhibit F: Template for Reporting Requirements
WEST JAMES STREET CROSSING IMPROVEMENTS
System Access Fund Project
PROJECT REPORT
GA 0009-20
Reporting Period: _______________
Submitted By:___________________
1.Project Update. Status of major activities in the reporting period, both current and upcoming.
2.Assessment of on-going risks. The City will notify Sound Transit of any issues that may affect the
Project Schedule and overall implementation of the Project.
3. Summary of expenditures during reporting period. Summary of expenditures during reporting
period, and expected expenditures in the subsequent reporting period.
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System Access Fund Project Agreement Page 8 of 8
GA 0009-20
Exhibits
Exhibit G: Sound Transit Invoice Form
Invoice No. _____ Dated: _________
TO: Sound Transit
Accounts Payable
401 S Jackson Street
Seattle, WA 98104
accountspayable@soundtransit.org
Attention: Accounts Payable and [Sound Transit’s Designated Representative
Re: WEST JAMES STREET CROSSING IMPROVEMENTS
System Access Fund Project, GA 0009-20
The City’s authorized representative certifies that Sound Transit’s pro rata share of costs under this
invoice is $_______, and is due and payable to [party name] in accordance with the provisions of
the Agreement, and is supported by the attached invoice and supporting documentation. [Identify
the elements(s), and the amounts by element, for which the amount due applies]
The City makes the following representations and warranties to Sound Transit in connection with
the Invoice:
All work performed to date has been, unless otherwise specifically stated by the City, performed in
accordance with the terms and conditions of this Agreement.
The amount specified above has been computed in accordance with, and is due and payable under,
the terms and conditions of the Agreement, has not been the subject of any previous invoice (unless
disputed or rejected for payment) and is not the subject of any pending invoice from the City.
Any liability of Sound Transit arising from these representations and warranties are governed by
the terms and conditions of the Agreement.
City of Kent
By: __________________________________ Date: _________________
[Name, Position]
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PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: March 10, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: 2020 City Art Plan and Five Year City Art Plan (2020-2024) -
Authorize
MOTION: Authorize the Mayor to approve the 2020 City Art Plan and Five
Year City Art Plan for 2020-2024.
SUMMARY: The City Art Plan details projects for 2020 and lists art expenditures
planned for 2020-2024 as part of the 5-year plan. The Visual Arts Committee
worked with staff to craft the plan which was approved by Kent Arts Commission on
February 12, 2020.
BUDGET IMPACT: None. All expenditures are included in the City’s Art Budget.
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. 2020 Art Plan and Five-Year Art Plan 2020-2024 (PDF)
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CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2020 CITY ART PLAN
FIVE YEAR CITY ART PLAN, 2020 – 2024
Kent City Code 4.04
Approved:
Visual Arts Committee 2/12/20
Kent Arts Commission 2/12/20
City Council Committee of the Whole:
City Council
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CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2020 CITY ART PLAN
NEW PROJECTS 2020
Budget
Community Art Project: Kent Creates 13,800
Art Project: Utility Boxes 32,000
Portable Purchases: Summer Art Exhibit Purchase Program 15,000
Capital Project artwork: Kent Valley Loop Trail 5,569
Capital Project artwork: Chestnut Ridge Park 41,731
Capital Project artwork: 4th and Willis Gateway Artwork (see budget below
from existing opportunity fund)
0
TOTAL 2020 BUDGET FOR 19026223.4310 $108,100
OTHER EXPENSES
Salary & Administration (supplies, professional services,
maintenance/repair)
$149,700
TOTAL 2019 BUDGET FOR 10006223.4310 $149,700
Total $2 / capita 128,900 x 2
$257,800
PREVIOUSLY APPROVED PROJECTS
Portable Purchases: Summer Art Exhibit Portable Purchase Program ($142
left from 2019)
142
Capital Project artwork: Kent Valley Loop Trail ($4,431 left from 2013,
$40,000 approved in 2014)
44,431
Collection Maintenance/Programming ($41,007 carried over from 2019) 41,007
Opportunity fund – capital projects, strategic art acquisition, economic
development ($185,306 carried over from 2019, $120,000 earmarked for
4th and Willis Gateway Artwork)
65,306
Capital Project artwork: 4th and Willis Gateway (from opportunity fund) 120,000
Downtown Art Plan and Activation ($15,000 carried over from 2019) 15,000
Capital Project artwork: Morrill Meadows/East Hill Park ($55,500 carried
over from 2017/2016)
55,000
Capital Project artwork: Meet Me on Meeker ($30,000 carried over from
2018)
30,000
Subtotal $371,386
TOTAL 2020 Anticipated Expenditures
$629,186
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KENT ARTS COMMISSION
2020 CITY ART PLAN NARRATIVE
Project Title: Community Project Artwork: Kent Creates
Project Description: Kent Creates, a web platform for sharing art, culture, and creative
endeavors, was launched in 2016. The project fosters inclusiveness by highlighting the talent
and creativity of the Kent community. Participants upload projects to an automated website.
Submissions are reviewed and published on a quarterly basis, with selected projects receiving an
honorarium. Projects can fall within the traditional arts (poetry, painting, music); the community
arts (culinary arts, fiber arts, metal arts); and the unexpected. Participants submit a description
of their project that will provide information and inspire other Kent residents to get creative.
Estimated Costs: $13,800 ($4,000 for honorariums, $4,800 for maintenance/
hosting, $5,000 contingency/additional exhibits/infrastructure
and interface updates
Funding Source: 2020 City Art Plan: $13,800
City Partner: Information Technology
Background: Nationally, arts organizations are changing how they interact with the community.
Traditionally, we have been presenters of arts programs, but we also want to provide platforms
for collaboration. Kent Creates allows people in Kent to share their creativity with one another.
Location: Online
Project Title: Utility Boxes
Project Description: In 2017, Kent Arts Commission staff worked with the Police Department,
Economic Development and Public Works to identify utility/signal boxes to wrap with artwork
(printed on vinyl) to deter graffiti. Building on the success of the five boxes that were part of the
2017 pilot project, the Kent Arts Commission commissioned eight boxes/artworks in 2018 and
2019. Another eight boxes/artworks are planned for 2020.
Estimated Costs: $32,000 (Approx. $4,000/box, 8
boxes projected in 2019)
Funding Source: 2020 City Art Plan: $32,000
2019 City Art Plan: $0 (Approx.
$17,000 remaining is still outstanding
for production/installation)
City Partner: Police Development, Public Work, ECD
Background: Many cities are using vinyl artwork wraps on utility/signal boxes to beautify their
communities and to defer graffiti. Local examples are Shoreline and Federal Way.
Location(s): Varied/TBD
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Project Title: Summer Art Exhibit Purchase Program
Project Description: Purchase quality artworks from area artists that enhance the value of the
City Portable Art collection. The artworks are exhibited in publicly accessible areas of City
facilities, helping to beautify Kent. Budget for artwork purchases ensures high quality of
applicants to Summer Art Exhibit and allows for more strategic purchases.
Estimated Costs: $15,142
Funding Source: 2020 City Art Plan: $15,000
2019 City Art Plan Carry Over: $142
City Partner: Facilities
Background: The City of Kent Arts Commission collection of portable artwork includes a variety
of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit
purchase award program. The portable collection introduces art into areas where the community
does business. A work environment that includes amenities such as art has been shown to
increase productivity and job satisfaction, but the primary purpose is serving the public.
Location: City of Kent facilities
Project Title: Capital Project Artwork(s): Kent Valley Loop Trail (KVLT)
Project Description: Parks Department has long-term plans to create a Kent Valley Loop Trail
system. This system of varying length trails along the Green River will link Riverview Park (yet to
be constructed), Foster Park, Van Doren’s Landing, and Boeing Rock.
Parks Planning and Development contracted with Berger Partnership to develop a Master Plan for
the project in 2013. Through a competitive selection process, the Arts Commission selected Ellen
Sollod to serve as the artist representative on the planning team and to create an art plan for
the KVLT. Ms. Sollod identified and recommended several projects as a cost-effective approach
to maximizing the impact of the public art program’s resources. Recommendations included:
-Finding One’s Way – A system of artist designed trail markings, interpretive signs.
-Sightings and Soundings – A photographer and sound artist would be commissioned to create a
sensory experience that complements and enhances the trail. The product would be available
on-line, as a “print on-demand” book/CD, and potentially through an exhibit.
-Temporary Interventions – Projects to draw attention and people to the trails.
In collaboration with Parks Planning and Development staff, the Kent Arts Commission has
prioritized trailside markings, signs, and installations.
Estimated Costs: $50,000
Funding Source: 2020 City Art Plan: $5,569
2013 and 2014 City Art Plan: $44,431
City Partner: Parks Planning and Development
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Background: The vision for the KVLT is to enhance recreation opportunities at Kent’s river-front
parks and along the Green River Trail that connects them. Integrating public art throughout the
trail and parks will enrich trail and park users' experience and provide a cultural tourism draw.
Location: Kent Valley Loop Trail/parks along Green River
Project Title: Capital Project Artwork: Chestnut Ridge Park Renovation
Project Description: Parks Planning and Development will renovate Chestnut Ridge Park in
2020-2021. Plans include a playground expansion and an open lawn area well-suited for a
sculptural art installation.
Estimated Costs: $41,731
Funding Source: 2020 City Art Plan: $41,731
City Partner: Parks Planning and Development
Background: Chestnut Ridge is a neighborhood park including a picnic shelter and grill, play
equipment, parking, and restrooms. Existing public art includes Peter Reiquam’s “Produce Truck
Weather Vane.”
Location: Chestnut Ridge Park, 9901 South 203rd Street
Project Title: 4th and Willis Gateway Artwork
Project Description: The City is renovating the 4th and Willis intersection with a round-about and
improved greenspaces along the north and south sides of Willis Street. The greenspaces will
include paths and benches, and have been identified as a prime location for public art.
Estimated Costs: $120,000
Funding Source: 2020 City Art Plan: $0
2019 City Art Plan Carry Over/
Reassigned from Opportunity fund: $120,000
City Partner: Parks Planning and Development
Background: Construction should be underway by late 2020.
Location: 4th Avenue and Willis Street Intersection
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PREVIOUSLY APPROVED PROJECTS
Project Title: Collection Maintenance and Programming
Project Description: Projects include outdoor sculpture maintenance and collection repair,
helping to sustain existing assets. Projects in 2020 may include repair and repainting of Railroad
Yard mural at Titus Railroad Park (Mary Iverson, 2006); assessment of Daily Migration train
corridor sculptures (Dos Remedios, 2005)); potential repair and re-siting of WATER sculpture
(Barbara Grygutis, 1993); potential replacement of flags at SR-516/Meeker St. gateway and
various repair and maintenance projects.
Estimated Costs: $41,007
Funding Source: 2020 City Art Plan: $0
2019 City Art Plan Carry Over: $41,007
Background: This fund may be used for maintaining and providing programming for existing
artworks.
Project Title: Opportunity fund (capital projects, strategic art acquisition, economic development
implementation)
Project Description: Identify and implement art project(s) to address City and community goals.
This funding allows the Arts Commission to incorporate significant artwork into capital projects,
acquire artwork for specific locations or needs, and contribute artwork to implementation of the
City of Kent Economic Development Plan. Possibilities include projects as part of the Meeker
Street Corridor, other gateway projects, partnerships with Economic Development and/or the
Kent Downtown Partnership, and acquiring art work to strategically build the City’s collection.
Estimated Costs: $200,306
Funding Source: 2020 City Art Plan: $0
2019 City Art Plan Carry Over: $65,306
($120,000 reassigned to 4th and Willis Gateway Art)
City Partner: Economic Development, Parks Planning and Development
Background: Kent Arts Commission staff continues on-going discussions with Economic
Development staff about ways to partner and use art to achieve community Economic
Development goals. The Kent Downtown Partnership has a renewed interest in incorporating
more art in downtown Kent, providing more potential partnership opportunities.
Location(s): TBD
Project Title: Downtown Art Plan and Activation
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Project Description: The Kent Arts Commission received funding from 4Culture’s 2019 Creative
Consultancies program, which matches artists/creative consultants with municipalities to address
a variety of challenges throughout the region.
The Kent Arts Commission was paired with Lucia Neare to develop a downtown arts and culture
plan for Kent, as well as to implement one or more art activation activities. With new
development and increased energy around revitalizing downtown Kent, there are a variety of
organizations and individuals with interest in incorporating art and culture. Developing a plan will
allow all stakeholders to have ownership and to move forward with a common vision. The project
has involved collaboration with the Kent Downtown Partnership, private property and business
owners; various city departments; and representatives from various cultural communities in
Kent. Relationships have been forged and focus groups will convene in 2020.
Estimated Costs: $60,000 ($30,000 remaining)
Funding Source: 2020 City Art Plan: $0
2019 City Art Plan: $45,000
2019 4Culture Grant: $15,000
City Partner: Potentially Economic Development,
Parks Planning and Development
Background: Currently there are a variety of programs and projects in place in the downtown
core, including portions of the City’s award-winning public art collection, the City’s Centennial
Center Gallery, Kent Downtown Partnership/private art installations, the 3rd Thursday Art Walk,
Kent Summer Concerts, library programs, and two new art studio spaces. It is exciting to see so
much happening in the way of arts and culture in downtown Kent, but the current approach is
scattershot and not united by a common vision. The focus of working with a creative consultant
will be to bring stakeholders together to develop a unified vision and an actionable plan for using
art and culture to transform downtown Kent into the heart of our diverse community.
Project Title: Capital Project Artwork(s): East Hill Park and Morrill Meadows Park
Project Description: The Kent Arts Commission has commissioned an artist (Clark Wiegman) to
create five sculptural parcourse stations for the newly renovated Morrill Meadows Park. The
stations will be located along the park’s loop trail, adjacent to the new YMCA. The artist has
completed fabrication and we are working with Parks Planning and Development to schedule a
spring 2020 installation.
Estimated Costs: $120,000 ($55,500 remaining)
Funding Source: 2017 City Art Plan: $50,000
2016 City Art Plan: $70,000
City Partner: Parks Planning and Development
Background: The City of Kent and the YMCA are collaborated on a project to build a new YMCA
facility on the East Hill Park site. As part of that project, the YMCA and Morrill Meadows Park
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were designed to complement one another, to create a YMCA facility at a community park. The
recreational value lost at the former East Hill Park site was replaced with new and improved
recreational amenities at Morrill Meadows Park, including these artist-designed parcourse
stations. While there are “off-the-shelf” parcourse stations available for purchase, the City
desired to create a series of functional artworks that will both be enjoyed as visual amenities and
used as part of a fitness routine.
Project Title: Art Master Plan and/or Capital Project Artwork: Meeker Street Corridor
Project Description: The City of Kent plans to revitalize the Meeker Street Corridor to create
safer public spaces, generate a greater sense of community pride, and spur economic vitality.
The Economic and Community Development Department contracted with KPG to develop
Streetscape Design and Construction Standards, which were adopted by Kent City Council in
December 2017. The resulting document provides guidance for City staff, property
owners/developers, and engineering and design consultants for the design and construction of
the Meeker Street Streetscape. The Standards demonstrate the City’s vision for the full build-out
of Meeker Street; they will ensure that the streetscape design creates an attractive and cohesive
look and feel for the corridor.
The Streetscape Design and Construction Standards document calls out opportunities for public
art, including “gateway” and “feature” locations, as well as “wayfinding signage” locations. The
Arts Commission intends to select an artist or artist team, through a competitive process, to
develop an Art Plan to dovetail with the Meeker Street Streetscape Design and Construction
Standards, providing a roadmap for potential art projects along the corridor and setting
standards for art that may be implemented by the City, as well as private developers in the
years to come, providing spaces for the everyday interaction of people, community events, and
for the development of adjoining private property.
Estimated Costs: $30,000
Funding Source: 2018 City Art Plan: $30,000
City Partner: Economic and Community Development
Background: The vision for the Meeker Street Corridor is that the streetscape will provide a
stimulating urban environment with a mix of contemporary aesthetics, diverse playfulness,
interactive pedestrian themes, and bike facilities. Integrating public art throughout the corridor
will serve all the design principles: attracting and supporting pedestrian activity, creating
character and a sense of place and community, humanizing the street corridor, designing for
aesthetics as well as function, creating a safe environment, and utilizing sustainable options.
Location(s): Meeker Street corridor from Kent-Des Moines Road to 4th Avenue
KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2020 – 2024
2020 PROJECTS COSTS
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Projects 108,100
Community Art Project: Kent Creates 13,800
Art Project: Utility Boxes 32,000
Portable Collection Purchases 15,000
Capital Project Artwork: Kent Valley Loop Trail 5,569
Capital Project Artwork: Chestnut Ridge Park Renovation 41,731
Administration/Maintenance 149,700
Total $257,800
2021 PROJECTS COSTS
Projects 107,800
Capital Project artwork(s): Springwood Park 30,000
Art Project: Utility Boxes
Art Plan and/or Capital Project artwork: Meet Me on Meeker/Entry Sign
32,000
10,000
Portable Collection Purchases 15,000
Kent Creates
Opportunity fund (capital projects, strategic acquisition, economic
development)
15,000
0
Collection maintenance and programming 5,800
Administration/Maintenance 150,000
Total $257,800
2022 PROJECTS COSTS
Projects 108,000
Capital Project artwork(s): Salt Air Vista Park
Art Project: Utility Boxes
50,000
20,000
Opportunity fund (capital projects, strategic acquisition, economic
development)
3,000
Portable Collection Purchases 15,000
Kent Creates 15,000
Collection maintenance and programming 5,000
Administration/Maintenance 150,000
Total $258,000
2023 PROJECTS COSTS
Projects 108,000
Capital Project artwork(s) Van Doren’s Landing, 1st Avenue Mural 70,000
Opportunity fund (capital projects, strategic acquisition, econ. dev.) 3,000
Portable Collection Purchases 15,000
Kent Creates 15,000
Collection maintenance and programming 5,000
Administration/Maintenance 150,000
Total $258,000
2024 PROJECTS COSTS
Projects 108,000
Opportunity fund (capital projects, strategic acquisition, econ. dev.) 68,000
Portable Collection Purchases 15,000
Kent Creates 15,000
Collection maintenance and programming 10,000
Administration/Maintenance 150,000
Total $258,000
4.D.a
Packet Pg. 103
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FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: March 10, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills - Approve
MOTION: Approve the Payment of Bills
SUMMARY:
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
4.E
Packet Pg. 104
OFFICE OF THE MAYOR
Mayor Dana Ralph
220 Fourth Avenue South
Kent, WA 98032
253-856-5710
DATE: March 10, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Coronavirus Update
SUMMARY: Mayor Dana Ralph and Chief Administrative Officer, Derek Matheson
will present a Coronavirus update.
4.F
Packet Pg. 105