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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 3/17/2020 KENT CITY COUNCIL AGENDAS Tuesday, March 17, 2020 7:00 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 ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER / FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF A. Mayor's Report B. Chief Administrative Officer's Report C. Councilmember's Reports 6. PUBLIC HEARING 7. PUBLIC COMMENT During the coronavirus emergency the City Council strongly encourages the public to send comments to Citycouncil@kentwa.gov or call 253-856-5700 rather than appear in person. If you must appear in person, the Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measurement or candidate for office. If you wish to speak to the Mayor or Council, please sign up at the City Clerk’s table adjacent to the podium. When called to speak, City Council Meeting City Council Regular Meeting March 17, 2020 please state your name and address for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. 8. CONSENT CALENDAR A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Mar 3, 2020 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Mar 3, 2020 7:00 PM 3. Committee of the Whole - Committee of the Whole - Regular Meeting - Mar 10, 2020 4:00 PM B. Payment of Bills - Approve C. Appoint Padiet Thoa to the Kent Cultural Communities Board - Confirm D. Property Transaction: Road and Right-of-Way Deed and Easements to the City of Covington - Authorize E. Grant Acceptance - Pedestrian Crossing on West James Street at Second Avenue North - Authorize F. 2020 City Art Plan and Five Year City Art Plan (2020-2024) - Approve G. Amendment to T-Mobile Telecom Lease Agreement for Wilson Playfields - Authorize 9. OTHER BUSINESS A. Resolution Discouraging Landlords and the Sheriff from Pursuing or Enforcing Evictions Related to the Inability to Pay Rent due to the Personal Effects of the Coronavirus 10. BIDS A. 2020 Asphalt Grinding Project Bid - Award B. 2020 Crack Sealing Project Bid - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Current or Potential Litigation, as per RCW 42.30.110(1)(i) 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. City Council Meeting City Council Regular Meeting March 17, 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. Page 1 of 7 Administration • The Mayor’s Office continues to spend most of its time on the Covid-19 Coronavirus response, especially advocating for public health and safety at King County’s quarantine facility. We’ve proclaimed an emergency, activated our emergency coordination center at a planning level, closed the Kent Senior Activity Center, offered employees who meet the “higher- risk” definition the opportunity to discuss options with Human Resources, authorized staff to move to electronic meetings when practical, and authorized individual boards and commissions to cancel meetings at their discretion. City Clerk’s Office • On March 2, the Clerk’s Office welcomed Adrienne Horner, as the City’s Records Administrator. Adrienne comes to the city from King County 9-1-1 as a dispatcher. Adrienne will focus on public records requests, including requests for body-worn camera recordings. • Kathryn McKee, Deputy City Clerk, recently obtained her Certified Municipal Clerk designation from the International Institute of Municipal Clerks Association. To obtain the certification, Katy obtained relevant training and experience over the past five years. Join us in congratulating Katy on this tremendous achievement! • The City Clerk’s Office responded to 350 public records requests during the month of February. Economic Development/Long Range Planning • After our huge win last summer with King County’s Landmarks Commission, Kent’s nomination of our Apollo Lunar Roving Vehicles as Washington State Historic Landmarks has been accepted for consideration by the Washington State Governor’s Advisory Council on Historic Preservation. Staff is soliciting letters of support and public testimony for the public hearing. While originally scheduled for March 27, the hearing has been delayed due to concerns about the coronavirus. • Lead by Economic Development staff, division leads across the ECD Department are kicking off an effort to develop a “Build Kent” webpage to provide interested parties with specific information about new development projects occurring in Kent. The team aims to create a simple site for information that’s easy to navigate, GIS enabled, and accessible via mobile devices, and shareable via social media as new projects are added. • Economic Development staff connected Kent Valley employers to career specialists at Kent-Meridian High School for its planned Career Fair, Wednesday, April 1 to help showcase the excellent local career opportunities available. Unlike a typical job fair, employer representatives will be on hand and share information about their respective companies, but also their own personal stories (including any twists, bumps along the way) with details on why they enjoy their jobs, and pathways to ADMINISTRATION ECONOMIC AND COMMUNITY DEVELOPMENT March 17, 2020 5.B Packet Pg. 4 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 2 of 7 other opportunities at that organization or in the field. • Staff is collaborating with representatives of the Space Frontier Foundation, a nonprofit that promotes the interests of both the private and the public sectors in the exploration and development of space, to promote and grow participation in the New Space Conference coming to Kent valley June 23-25. Sponsored by the city of Kent via a lodging tax grant, this is the only space conference to bring startups, established companies and government agencies together with private investors and tech innovators. Staff has connected organizers with Seattle’s economic development entity, Greater Seattle Partners, to bolster this conference’s profile in the region. • Planning is underway for the inaugural Manufacturing Days Summit hosted by the Washington State Chapter of Women in Manufacturing, a national trade association that provides year-round support to women with careers in the manufacturing industry. The two-day summit slated for October 28- 29 that will bring 175 women to Kent to connect with and learn from each other. Sponsored by the city of Kent via a lodging tax grant, staff is supporting the Summit by connecting event organizers to area manufacturers for participation and company tours, hoteliers, restaurants for group meals, and transportation, printing and other vendors. Effective January 1, 2020, updates to B&O taxes are as follows: o The gross receipts tax rate for wholesaling will increase from 0.152% (0.00152) to 0.2% (0.002). o The square footage tax rates for business warehouse increases from $0.06 per sq. ft. per quarter to $0.09 per sq. ft. per quarter. o For taxpayers subject to service apportionment – the service income factor on Schedule A of the tax return has been updated to reflect the requirements of HB 1403 passed by the legislature in the 2019 session. o The due date for the 2020 annual tax return has been updated to April 30, 2021 as required by HB 1059 passed by the legislature in the 2019 session. • On February 11, 2020, the city of Kent and the Puget Sound Regional Fire Authority executed an MOU establishing the requirements governing the RFA’s administration of the Emergency Management Performance Grant (EMPG) Award (E20-171). This is a pass-through grant from the Washington State Military Department. This MOU is required pursuant to federal grant subrecipient monitoring requirements, and includes provisions ensuring adherence to the terms and conditions of the grant agreement and other applicable federal grant requirements. • On March 2, the Finance Department welcomed Brenda Goodson-Moore to serve in the role of Deputy Finance Director. Brenda spent 14 years at the city of Auburn before joining the city of Kent. Welcome Brenda! • On March 2, Dan Jones joined the Finance Department’s Accounts Payable team. He recently moved to this area from Montana. Welcome Dan! • Compensation workstream with Collab. • AFSCME LMM – 2nd negotiation on new Drug Free Workplace policy. • Discussion on Telestaff implementation with Workday. • Workday architect workbooks. • LEOFF1 Policies and Procedures revisions. • Preparations for Health Fair. • Leave Management. • GASB 75 Report preparation. • 1094 ACA Reporting. • Sergeant assessment in Police. • Interviews for Combination Building Inspector (TLT) and MW III-Water Distribution. • Offers made for MW III-Street/Storm Vegetation and Accounting Services Assistant III (Facilities). FINANCE HUMAN RESOURCES 5.B Packet Pg. 5 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 3 of 7 • Opened recruitments for Sr. Long Range Planner and MW II-Sewer. IT Service Desk Replacement • Implement an information technology service management system for the IT Service Desk to promote greater IT operational efficiencies and deliver faster high-quality responses. Multimedia Ticket System Replacement • Replace the existing Avanti system with a new system that will be more stable, better supported and easier to maintain. Additional features to include: direct to print/quick print, electronic job ticket board, enhanced billing and invoicing capabilities, and improved web catalogue/online ordering. Information Technology operational support for February 11, 2020 to February 25, 2020 • Number of tickets opened – 325 • Number of tickets closed – 275 • Provided significant work and advice to city representatives concerning King County purchasing the Econo Lodge property at 1233 Central Avenue North in Kent to house individuals exposed or infected with the COVID-19 virus. Retained outside counsel and proceeded with an injunctive action in King County Superior Court. Sought a temporary restraining order that would have prohibited King County from occupying the property until it complied with the city’s zoning and land use code provisions. Obtained a Commissioner’s ruling that limited King County’s occupancy of the property to 15 individuals. • Assisted ECD in revising the Rally the Valley industrial valley subarea plan, development guidelines, and related code amendments, including evaluating legality of proposed design guideline requirements, ensuring compliance with the Growth Management Act and State Environmental Policy Act, cross-checking code references and ensuring accurate tracking of code changes and formatting for 37 sections of code, drafting the ordinance and council blue page, revising public notices, and preparing additional documents needed if the RTV proposal had been postponed. • Continued to assist the Clerk’s office with public records requests as needed, and Public Works, ECD, IT and Parks with several high priority contracts and development projects, including property rights and access issues involving Naden Avenue. • Assisted the HR Department in many sensitive employment and labor related matters. Human Services • The 2020 application round for 2021-2022 human services funding opened on March 4 and will close on April 7 at 4:30 p.m. Applications will be accepted through a common online portal (share1app) for cities participating in the Human Services Funding Collaborative (Auburn, Bellevue, Burien, Covington, Des Moines, Federal Way, Issaquah, Kenmore, Kent, Kirkland, Redmond, Renton, Sammamish, SeaTac, Shoreline, and Tukwila). A series of three application workshops were scheduled, but only the first workshop on March 3 was held in person. That workshop was live- streamed, recorded and posted. The second and third workshops were hosted online and had a high level of participation from agencies planning to apply for funding. For more information about the application process visit: https://www.redmond.gov/999/Share-1- App • The Human Services Commission is preparing to review funding applications in April. Over the past few years, the Commission has heard presentations from leaders representing Community Based Organizations led by and/or serving communities of color, immigrants, and refugees. The Commission also implemented the Parallel Application Process to invest in emerging community- INFORMATION TECHNOLOGY LAW PARKS, RECREATION, AND COMMUNITY SERVICES 5.B Packet Pg. 6 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 4 of 7 based organizations with the knowledge and trust of the communities they serve. Training leading up to the 2020 allocation process is focused on a series of trainings related to recognizing implicit bias and grantmaking with an equity lens. • Staff hosted a monitoring visit for our grant from the WA State Office of Public Defense. The monitors from the State office spoke very highly of the attorneys from Stewart, MacNichols, Harmell that they observed providing service at the court. During the monitoring, they spoke highly of the relationship that the public defense attorneys, the city of Kent, and court staff and judges have and let us know that they do not see this in any other city. While Human Services staff monitors the contracts with attorneys for public defense, we also very much appreciate the service of those in legal and the court. • The city contracted with Multi Service Center to provide housing relocation services and case management to residents displaced by the December 13 Woodland Estates fire. All residents have been placed in housing, so the contract is complete. Staff met with Emergency Management, Red Cross, and the Church of Latter Day Saints to debrief the response and identify areas to improve in the event of a future incident. The Red Cross indicated that they work with a lot of cities and wished that all were as responsive and good to work with as the city of Kent. They specifically expressed appreciation for the Mayor’s Office, Emergency Management, Economic and Community Development and Human Services. • Human Services staff members have been asked to participate in a number of focused committees related to the COVID-19 community response. Staff is participating in Pandemic Community Advisory Group (focused on bringing together representatives from various community, business, and government sectors in King County who are willing to work together to help maximize the success of recommended non-pharmaceutical interventions designed to help limit and prevent exposure to coronavirus), as well as Interim Guidance Development for Homeless Outreach Programs and COVID- 19 Preparedness Planning for Homeless Service Providers. Significant crime-activities/arrests/ investigations • On March 1, officers responded to a report of a male shot in the back at the 7-11 located at 511 Central Ave S. The male advised dispatch he was going to the hospital. In the alleyway between 7-11 and Central Avenue, officers found 24 rifle casings. Approximately one hour after the shooting, Harborview advised a male with three gunshot wounds to his leg, buttock and back showed up and advised he had been shot in Kent. The male was uncooperative and refused to provide any more information other than his name. He is a Seattle resident and is documented as being shot one other time. • On March 2, officers were dispatched to a stolen Honda Civic at the Ridge at Riverview Condos. Officers arrived and activated their emergency lights and the suspect took off. Two separate PIT maneuvers were unsuccessful, the third PIT was successful, the vehicle left the roadway and both suspects fled from the vehicle. K9 officer captured the male driver and officers captured the passenger. The driver was treated for a dog bite at Valley Medical and later booked. The passenger was booked into SCORE on felony warrants. • On March 4, officers responded to shots at Appian Way Apartments. Officers located a Hispanic male with a gunshot to the chest. A motive was unclear as the victim was uncooperative. The victim was transported to Harborview and the prognosis was that the round that hit his chest did not penetrate the chest cavity. No other suspect information at this time. The case was referred to detectives. • On March 7, officers were dispatched to an illegal discharge at Mosaic Hills Apartments. In the parking lot a knife was located along with several drops of blood. A POLICE 5.B Packet Pg. 7 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 5 of 7 stolen gun was located underneath a car in the same area. Local hospitals were notified - as of this writing no victim has been located. • On March 8, officers responded to the sounds of an illegal discharge at the Holy Glenn Condos. Investigation determined that a subject has been stalking his aunt for years trying to get her to have sex with him. The aunt showed her husband the unsolicited Facebook messages requesting to meet up with her. The husband took over communication and “invited” him over to the apartment in a ruse to confront him over his conduct. The subject arrived thinking he would be alone with his aunt and instead found his uncle armed with a handgun. The uncle fired a round in the subject’s direction (said to be fired into the ground to scare him) as he ran away. The subject was gone upon police arrival and did not call in to report the incident. As of this writing, he has not shown up at area hospitals with a GSW. The uncle’s handgun was taken as evidence. The case was forwarded to Detectives. Land Survey & GIS • City land surveyor is developing a property ownership & boundary map for the west side of the Green River corridor, 2020 overlay program right-of-way, West Hill transmission main easement, Kent Elementary legal description and mapping easement rights for the Signature Point Levee and Kensington Ravine. • Land survey coordinator is compiling field topography data collected by field staff for the Valley Creeks LOMR (letter of map revision) for FEMA. • Land survey field crews continue staking as requested for the 228th St. corridor Phase V and the fuel island replacement project for operations. • Land survey field crews are also topo mapping the West Hill transmission main locations. • GIS Coordinator assisting PW operations asset management system upgrades. • GIS analysts developing web applications for guardrail & ADA sidewalk inventories, completed multiple maps for grant applications and continue entering as-built data into the GIS. • GIS supervisor drafting GIS enterprise standards, 2020 GIS implementation plan and position description updates. Construction • 228th St. Union Pacific Railroad grade separation bridge and roadway (Ph 5 of 5) - bridge pier crossbeam work is ongoing in preparation for girder placement scheduled for the week of March 23. Conduit and handhole installation for site electrical is underway where possible on the east and west limits of the project. Clearing and grubbing and fire hydrant relocation is underway for the contract’s Interurban trail connector work scope from 72nd Ave S to W Valley hwy. The Interurban trail is temporarily open for use and will remain open until March 23 when the contractor begins preparation for setting the bridge girders. At this time the trail will close again for an extended duration. There is no access to either direction of S 228th St. from the trail outside of the fenced pathway as this is an active construction site. • Fuel Tank Replacement Project - backfilling concrete fuel island footing, and plinths will be completed this week. Underground storm pipe installation, fuel line placement will also be completed this week. Electrical work inside the maintenance building is underway. • Green River Natural Resource Area (GRNRA) south stormwater pump station - storm system installation at Hogan Park is ongoing. Clearing and grubbing is complete. Rough plumbing for the garage is complete. Environmental • Recycling event happened last Saturday at Hogan Park and we had a very successful event in that 1145 vehicles came with recyclable materials. • Green River Watershed Center – scheduled Council Workshop on April 7 will include discussion with the Council regarding their ideas about the proposed facility… there is PUBLIC WORKS 5.B Packet Pg. 8 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 6 of 7 a feasibility study in process and we have solicited ideas from staff and will be going to outside stakeholders for ideas as well. • King County Flood Control District – the Board of Supervisors met March 10 to review a budget supplement which is proposed to include additional grant funds for local jurisdictions related to stormwater and shoreline flooding. It is also proposed to include additional funds for salmon habitat. Transportation • The city of Kent’s Commute Trip Reduction (CTR) survey will be next week. Washington State requires all employers with more than 100 people coming to work at one location between 6 am and 9 am to have a CTR program. Commute trip surveys are required every two years. Please ask your coworkers and staff to participate in the survey. It should take less than 6 minutes to complete. • Staff completed and submitted the Local Road Safety Plan (LRSP) to the Washington State Department of Transportation. This year an LRSP is required to be eligible for Highway Safety Improvement Program (HSIP) grants. Also, different this year is the HSIP grants program. In previous grant cycles we applied for the project we wanted. This year we submit applications for several projects and WSDOT selects the projects that will be funded. We submitted applications for 14 potential projects. • We have been partnering with King County Metro on new signal timing on SE 256th St and Kent-Kangley Rd between 101st Ave SE and SE 152nd St. Metro’s consultant developed the signal timing that improves transit speed and reliability with minimal impact to the rest of the users. Kent staff implemented the revised signal timing last week. There were some initial problems at SE 256th St/104th Ave SE and Kent- Kangley/104th Ave SE that have been corrected. We are continuing to monitor the new signal timing and will make adjustments if they are needed. Streets/Street Maintenance • Crews are doing hot patch repairs on S 212th, sidewalk sweeping on S 196th St, Russell Rd and 116th Ave SE, cleaning traffic islands on S 272nd St and S 212th St, saw cut for removal on 64th Ave S and prep area to pave at the West Hill sand pile site. The sidewalk crew will grind and repair on SE 208th St, 68th Ave S and SR 515. The concrete crew will continue to prep and pour for new ADA driveways and sidewalks on S 259th Place. Street Signs and Markings • Crews are installing signs and bases for the retro-reflectivity program on SR 99 and 28th Ave S. Crews will also be performing sign maintenance on the East Hill, the West Hill and in the valley. Solid Waste • Crews will be removing debris and illegal signs on Russell Rd, S 246th St and on 30th Ave S and hot spot inspections on 25th Ave S and 80th Pl S. The crew will also be removing graffiti from the 208th St Bridge, Don Wickstrom Bridge and cleaning out a homeless campsite on the Green River Rd. Water Vegetation • Crews will be performing debris clean up on the Kent springs road shoulder, West Hill sites, Summit reservoir, Renton intertie, O’Brien well and Armstrong springs and clean the signs at Kent springs, line trimming at the 212th treatment plant, 208th well, Kent springs and Garrison Creek well and mow and line trim at Blue Boy Tank and Summit reservoir. Sidearm Mowing • The sidearm crew will be mowing along Frager Rd and 77th Ave S, working on the fall protection fence on 108th Ave SE and finish the gate for the holding pond on 190th Ave SE. Street Vegetation • Street vegetation will be planting and mulching on E Meeker St, mow, line trim and pick up litter on 64th Ave S and on SE 256th St. The crews will also be removing trees on 116th Ave SE, Military Rd, E Titus St and 132nd Ave SE. Wetland Mitigation • Crews will be repairing split rail fencing at Morgan’s Place. The wetland mitigation crew will be painting the red barn siding, transplanting, planting seeds and replacing hoop house fabric at the GRNRA nursery, 5.B Packet Pg. 9 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 7 of 7 spreading mulch at the Leber property, removing weeds and plant flowers on 64th Ave S. The holding pond crew is performing tree removals at Estes, 277th corridor #3, and Swan Court II, prune and remove trees at the Jami short plat and remove a trampoline from The Preserve storm pond. Water • Water staff continue with water main cleaning on Kent’s East Hill in the area south of Kent Kangley to SE 284th St and between 114th Ave SE and 124th Ave SE. We are also gearing up for a water tank coating and structural improvement project at our 125,000-gallon tank site on 98th Ave S. Water distribution system sampling for disinfection byproducts and wellhead protection monitoring are also underway. Storm • Crews will be storm-line cleaning on S 196th St, 68th Ave S and SE 282nd St, digging a ditch at 10611 211th St and SE 270th St. The crews will also be repairing a ditch and cleaning the culvert on 124th Ave SE and West Valley hwy and easement maintenance at 11109 SE 218th St. The crew will also be performing National Pollutant Discharge Elimination System (NPDES) pumping on SE 245th St and SE 240th St and assessing on SE 244th St. Sewer • Sewer crews are cleaning existing sewer lines on W James St and 68th Ave S, tv inspections on W James St and on 68th Ave S. Crews will be checking valves and replacing a pump seal at the Mill Creek pump station, performing maintenance work at the Union Pacific pump station and performing manhole frame and lid change outs on the East Hill. Fleet • Fleet crew is working on new fuel station software and programming, checking the status for the Kenworth vendor setup and ordering new vehicles and equipment. # # # 5.B Packet Pg. 10 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Pending Approval City Council Workshop Workshop Regular Meeting Minutes March 3, 2020 Date: March 3, 2020 Time: 5:00 p.m. Place: Chambers I. CALL TO ORDER Council President Troutner called the meeting to order. Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present Dana Ralph Mayor Present II. PRESENTATIONS 1 Transportation Master Plan Financial Plan Emily Alice Gerhart from Fehr & Peers reviewed GMA requirements for the transportation element, including land use, funding, infrastructure and level of service. The City is working on developing policies. Requirements of RCW 36.70A.070 were reviewed. The TMP project list development was reviewed. Performance metrics help prioritize projects and the funding plan will identify funding constrains for a priorities project list. Gerhard indicated headwinds regarding funding transportation today include streamlined sales tax, the economy, grant availability and future trends. Gerhard reviewed the current state of transportation in Kent and the final TMP Goals were reviewed. Kristin Maidt from BERK, discussed sources of funding available to cities in Washington for transportation activities. Kent anticipates declining availability of general fund revenues for transportation in the next 20 years Public Works Director, Tim LaPorte provided information on the use of LIDs to fund projects. 8.A.1 Packet Pg. 11 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 3 , 2 0 2 0 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes March 3, 2020 Kent, Washington Page 2 of 4 Gerhard discussed Transportation Impact Fees. Kent began collecting TIFs in 2010 and has collected an average of $950K per year. Senior Transportation Planner, April Delchamps provided information on all grant funding options. Kent should be realistic about what it can afford, update the TIF, think creatively about funding sources and explore partnerships. The project team will return to the City Council on May 9th, will continue the development of the project list using the recently adopted goals, continue to develop creative solutions, and then present a Transportation Fees 101 to the Council this summer. 2 Targeted Residential Investment Program Long Range Planning Manager, Hayley Bonsteel presented the Targeted Residential Investment Program. Bonsteel would like to get a sense of how the council feels about this program and would like feedback on what it would take for the council to support this program. Bonsteel conveyed what a Multi-Family Tax Exemption program requires in addition to providing a brief history of the program. The proposed program would provide an exemption on improvements (not on land) There will be an RTA program in Midway and Downtown Kent. · Minimum number of units - 4 · TIF waived due to presence of high-capacity transit · On-site management for rentals required · Projects must be completed within 3 years · Cannot be layered with other subsidies · Structured parking required Why MFTE? · Nearly every other City has MFTE · This program has become a standard · Development costs are high - real estate is risky, subsidies and incentives have become the standard practice in the region, Kent is competing with other cities for high quality urban development. Why subsidize Market Rate? · Most development that happens at all today is subsidized in some way 8.A.1 Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 3 , 2 0 2 0 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes March 3, 2020 Kent, Washington Page 3 of 4 · Without market rate incentive, Kent risks only seeing subsidized affordable development. Growth targets · Very little greenfield development potential left in single and multi-family zones · Continue to meet growth targets, development will necessarily be looking to our downtown The benefits of urban development · People need housing · People = community (more people = more successful retail) · Urban fabric around transit = easier to serve Bonsteel indicated that the prior Midway MFTE program focused on affordability and the downtown program focused on market-rate housing to encourage ownership to support community in downtown Kent. Bonsteel provided supporting information in determining that 20% of units at 30% AMI should be used in Midway and why using the market-rate is important for downtown Development Cycle: · There are many options and lots of opportunities. · The program is very flexible (for now) · Kent’s proposed program implements adopted city policy · This program is a critical tool to help realize community vision. Boyce indicated he is an advocate for the program and for Kent to be competitive, we will need to use every tool available. Larimer indicated Kent could do better with a better plan. She appreciates the flexibility of the plan and indicated this current proposal will serve Kent better. Michaud requested details on how Kent’s proposed plan compares with other cities and indicated more research needs to be done regarding the option of waiting TIFs. Fincher expressed that she is not a fan of waiving TIFs Kaur indicated this is a good start. She would like to see more housing at 30% AMI and is not a fan of waiving TIFs. Troutner expressed appreciation of staff’s presentation and advised this 8.A.1 Packet Pg. 13 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 3 , 2 0 2 0 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes March 3, 2020 Kent, Washington Page 4 of 4 program would give us the tool we need to get us to where we want to be. Council expressed tentative support for the concept, more research needs to be don on waiving TIF and what other cities are doing. Staff should try to quantify the benefits of the program and return to a future council workshop. Meeting ended at 6:09 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 14 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 3 , 2 0 2 0 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Pending Approval Kent City Council City Council Regular Meeting Minutes March 3, 2020 Date: March 3, 2020 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER / FLAG SALUTE Mayor Ralph called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Dana Ralph Mayor Present Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Les Thomas Councilmember Present Zandria Michaud Councilmember Present 3. AGENDA APPROVAL A. Move to approve the agenda as presented. Chief Administrative Officer, Derek Matheson advised that Item 9.A is an alternative to item 6.A. If action is taken on item 6.A, Item 9.A will be pulled from the agenda. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition Council President Troutner recognized Komal Bhullar, a Kentwood Civics student. Bhuller spoke regarding her project. i. Employee of the Month Mayor Ralph recognized Construction Manager, Eric Conner as the City's March Employee of the Month. Conner is responsible for supervising and performing complex and professional engineering duties in the construction administration, he provides coordination and direction of Public Works civil 8.A.2 Packet Pg. 15 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 3 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes March 3, 2020 Kent, Washington Page 2 of 9 engineering projects; training, supervising and assignment review of his team's work. He assures efficient and effective function of the construction section of the Public Works Department. Deputy Public Works Director, Chad Bieren expressed appreciation of Conner and his construction administration work. ii. Appointment to the Parks and Recreation Commission Mayor Ralph recognized Seong Yoon as her recommendation to serve on the Kent Parks and Recreation Commission. Yoon expressed his appreciation of the opportunity to serve on the Commission and looks forward to helping make Kent a desirable city for families to raise their children and to be able to enjoy the resources available. B. Community Events Council President Troutner provided information on upcoming events at the accesso ShoWare Center. Councilmember Fincher advised of upcoming Spotlight Series events in addition to the Kent Kids Art Day on March 14, 2020. Admission is $10. Mayor Ralph invited the public to attend the State of the City Address on March 5, 2020 at 6 p.m. at the Blue Origin Facility at 212th and 76th Avenue. The event will be live-streamed on the City's Facebook page. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor's Report Mayor Ralph provided an update on the Coronavirus. Mayor assured the health and well-being of Kent's residents is paramount to the City. The City is working closely with the Centers for Disease Control, Washington State Department of Health and King County Public Health. The City is taking guidance and information from the directives from those organizations. The City is receiving daily briefings and are actively monitoring the situation. Communication from the City will come from the Mayor's Office and Emergency Management. Monitor the City's Facebook and Twitter account for up-to-date information. B. Chief Administrative Officer's Report Matheson advised that his written report is in today's agenda packet and that there is an executive session to discuss property negotiation and expected to last for 10 minutes. There will be action when the Council reconvenes into open session. C. Councilmember's Reports 8.A.2 Packet Pg. 16 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 3 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes March 3, 2020 Kent, Washington Page 3 of 9 Council President Troutner provided an overview of the two presentations from tonight’s workshop presentations. Council President Trouter serves on the Sound Cities Association Regional Law, Safety and Justice Committee. School safety and school resource officers were discussed during the last meeting. Council President Troutner serves on the Sound Cities Association Regional Transit Committee. The committee will hold summer workshops to review and discuss Metro's service guidelines. Councilmember Michaud serves on Kent's Human Services Commission. The Commission is entering the grant application process for organizations that provide human services to the community. Commission members are participating in training to help ensure equity and eliminate bias in the grant review process. Councilmember Kaur serves on the Sound Cities Association Growth Management Planning Council. The Council met on February 26th and discussed countywide planning policies. The Council appointed members to serve on the King County Affordable Housing Committee. A report was received from the Committee recommending updating the housing chapter of the King County countywide planning policies for supporting the region's need for affordable housing. Councilmember Kaur serves on the Sound Cities Association Puget Sound Clean Air Agency Advisory Council. The Council received a presentation on draft clean fuel standards. Over 6,000 public comments were received during the comment period. The Council is also working on the strategic plan for 2020. Councilmember Fincher serves on the Arts Commission. March 11, 2020, at 5 p.m. is the deadline to submit your art for the juried art contest. Visit KentWA.gov for details. Councilmember Fincher serves on the Sound Cities Association King Conservation District Board. The Board of Supervisors for King Conservation District is considering changing the meeting frequency from monthly to quarterly. Councilmember Thomas serves on the Puget Sound Regional Fire Authority Governance Board. The Board will meet on March 4, 2020 at 5:30 p.m. at Station 78 in Covington. 6. PUBLIC HEARING Mayor Ralph provided a brief overview of the public hearing process and 8.A.2 Packet Pg. 17 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 3 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes March 3, 2020 Kent, Washington Page 4 of 9 opened the public hearing. Chief Economic Development Officer, Bill Ellis gave a brief overview of the long-range trends that impact the industrial valley. Ecommerce has grown, there are more capital-intensive warehouses, and we have a revivified space race that has played a part in the growth of advanced manufacturing in Kent. Throughout the Rally the Valley process, the panel kept first and foremost, the vision for an industrial business district. The Rally the Valley advisory panel consisted of members with adverse sets of viewpoints to get a diverse set of opinions. The panel considered how the valley can have more intensive use and how to have space for kinds of business we like to have here while creating flexibility and balance. The Plan doubles the Manufacturing Industrial Centers. Zoning by itself, design standards by themselves, are not going to drive the demand for jobs or economic growth. The Plan references a range of activities across multiple city departments. All actions are designed to better set the table for those types of businesses that want to come, stay and grow in Kent and would add to the variety diversifying our industrial portfolio, add to the vibrancy of our business district and therefore to the resiliency of the City's economy and fiscal fortunes. Work remains to ensure economic growth continues to be strong in Kent. This plan plays a key part in accomplishing these plans. Long Range Planning Manager, Hayley Bonsteel provided the staff report. This is a big plan with many components. Bonsteel reviewed why the City is adopting this plan. •Mandated by region •Preserving land does not preserve good jobs, support manufacturing that is keystone of regional economy. •Redefined manufacturing and industrial centers to focus on quality of life •Regional dialogue - PSRC convening a work group this summer. •Focus on the human impact of these policies Bonsteel review the need for better transportation, lunch/community, amenity spaces/trails/parks all needed. The panel talked to over 300 workers, dozens of business owners and stakeholders. Addressing these needs and opportunities through land use changes, development regulations, capital project identification. LAND USE AND ZONING MAPS CHANGES: •New designations - key corridors and prominent gateways 8.A.2 Packet Pg. 18 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 3 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes March 3, 2020 Kent, Washington Page 5 of 9 •Access to transit adjacency to residential and other uses. •Overhauled zoning to reflect trends / best practices •Innovative requirements that scale investment to how the proposed use contributes to or detracts from the vision •Multimodal connection requirements across sites and to trails •Provided options for increasing the contribution to the park and trail system in exchange for development considerations •Incentivized without penalizing / strategically reduced barriers while raising bar for design in high profile areas. Bonsteel provided details on the Plans design concepts: •Tilt Up Concrete Association, which is the most typical building system utilized in valley development (however, our regulations are easily met through all methods of construction). •Modulation / “significantly fenestrated” / emphasize the business activity that’s visible to the road •Secondary entries fenestrated, canopies and materials changes provide interest as well. •Any options for how to meet the requirements •regulations will not make construction infeasible no matter what is getting built. Bonsteel indicated the Land Use and Planning Board received a 90-minute presentation on full details of the plan at their February 10, 2020 meeting. The video is available at KentWA.gov. The Plan looks at all the ways the City can improve the industrial valley and elevate people’s experience of the valley. Bonsteel detailed the process staff followed to receive, review and respond to comments. Bonsteel expressed appreciation of the Council and Mayor for enacting the interim zoning ordinance that provided staff with the opportunity to explore all options in drafting the Plan. PUBLIC COMMENT: Mike Pruett from Segale Properties spoke in support of the Rally the Valley Subarea Plan. Pruett expressed appreciation of staff working with Segale to address all comments and concerns expressed by Segale. Pruett asked the Council to remember that the Kent industrial area and warehousing in general are huge employers in the valley and that they are key contributors to the overall City budget. Implementing and adopting this Plan gives Segale the ability to develop their properties while remaining competitive in the market. 8.A.2 Packet Pg. 19 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 3 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes March 3, 2020 Kent, Washington Page 6 of 9 Pruett expressed appreciation for Councilmember Boyce, Bill Ellis and Hayley Bonsteel for working with Segale throughout this process. Mayor Ralph expressed her appreciation of Segale Properties. A. Move to close the public hearing RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud B. Rally the Valley Subarea Plan (Ordinance Amending the Comprehensive Plan and Development Regulations) Councilmember Boyce, Councilmember Fincher and Councilmember Kaur expressed appreciation of the cooperation between staff and City businesses for working to come up with a plan that is win -win for both sides. Boyce thanked Kurt Hanson and his Economic and Development team for their work. Mayor Ralph expressed appreciation of everyone involved in the development of this Plan. MOTION: Adopt Ordinance No. 4355, amending the City’s comprehensive plan to include the Rally the Valley Industrial Subarea Plan and Industrial Design Standards, amending related zoning and development regulations in the Kent City Code, and repealing Interim Zoning Ordinance 4320 related to trucking-intensive land uses. RESULT: ADOPTED [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 7. PUBLIC COMMENT Dan Streiffert requested and received an update from Mayor Ralph regarding K4C. Julie Morse, a representative of the Refugee Settlement agency, extended an invitation for anyone interested in attending the local planning area meetings held at the Kent DSHS Community Services Center on the third Tuesday of each month from 9-11 a.m. to share information about 8.A.2 Packet Pg. 20 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 3 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes March 3, 2020 Kent, Washington Page 7 of 9 organizations, share resources for supporting low income and people facing barriers in the City of Kent. 8. CONSENT CALENDAR Move to approve consent items A-F. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud A. Approval of Minutes 1. Minutes of the February 7-8, 2020 City Council Retreat 2. Council Workshop - Workshop Regular Meeting - Feb 18, 2020 5:00 PM 3. City Council Meeting - City Council Regular Meeting - Feb 18, 2020 7:00 PM 4. Committee of the Whole - Committee of the Whole - Regular Meeting - Feb 25, 2020 4:00 PM B. Appointment to the Parks and Recreation Commission - Confirm MOTION: Confirm the appointment of Seong Yoon to the Kent Parks and Recreation Commission for a three-year term that will expire on December 31, 2022. C. PSERN End User Service Level Agreement with King County - Authorize MOTION: Authorize the Mayor to sign the Radio End User Service Level Agreement with King County as part of the implementation of the Puget Sound Emergency Radio Network. D. Transportation Master Plan Performance Metrics - Adopt MOTION: Adopt the Transportation Master Plan Performance Metrics. E. Consultant Services Agreement with GeoEngineers, Inc., for the Signature Pointe Levee - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers, Inc. in an amount not to exceed $812,670 for preliminary design of the Signature Pointe Levee project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. Amendment to Lifewise Assurance Company Contract for Medical Stop Loss Insurance - Authorize 8.A.2 Packet Pg. 21 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 3 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes March 3, 2020 Kent, Washington Page 8 of 9 MOTION: Authorize the Mayor to sign Amendment No. 11 to the City’s contract for stop loss insurance with LifeWise Assurance Company for one year, subject to approval of final terms and conditions acceptable to the Human Resources Director and City Attorney. 9. OTHER BUSINESS A. Set March 17, 2020 as the Date for the Public Hearing Extending the Interim Zoning Ordinance Relating to Trucking- Intensive Zoning - IF NEEDED This item was an alternate if item 6.A did not pass. Because Item 6.A passed, this item has been pulled from the agenda. MOTION: Set March 17, 2020 as the Date for the Public Hearing Extending the Interim Zoning Ordinance Relating to Trucking- Intensive Zoning. RESULT: PULLED 10. BIDS None. 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION At 8:03 p.m. the Council went into Executive Session At 8:08 p.m. the Council reconvened into Open Session. A. Property Negotiations, as per RCW 42.30.110(1)(b) – Purchase of Real Estate - Authorize 1. Move to authorize the Mayor to sign a purchase and sale agreement and all other documents necessary to acquire the Ostrovski Property in support of the Signature Pointe Levee Improvement Project, subject to final terms and conditions acceptable to the Public Works Director and the City Attorney. RESULT: ADOPTED [UNANIMOUS] MOVER: Satwinder Kaur, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 8:08 p.m. 8.A.2 Packet Pg. 22 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 3 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes March 3, 2020 Kent, Washington Page 9 of 9 Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 23 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 3 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Pending Approval Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes March 10, 2020 Date: March 10, 2020 Time: 4:00 p.m. Place: Chambers 1. CALL TO ORDER Council President Troutner called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present 4:02 PM Marli Larimer Councilmember Present 4:07 PM Zandria Michaud Councilmember Present Les Thomas Councilmember Present Dana Ralph Mayor Present 3. AGENDA APPROVAL Chief Administrative Officer, Derek Matheson moved item F. INFO ONLY: Coronavirus Update to item A, the first item on the agenda and advised there is an executive session tonight that expected to last 15 minutes with no action anticipated when the committee reconvenes. A. Move to approve the agenda as amended. RESULT: APPROVED [5 TO 0] MOVER: Bill Boyce, Councilmember SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Michaud, Thomas AWAY: Kaur, Larimer 4. DEPARTMENT PRESENTATIONS A. INFO ONLY: Coronavirus Update Chief Administrative Officer, Derek Matheson provided an update on the Coronavirus. On March 6th, Mayor Ralph proclaimed a state of emergency in response to 8.A.3 Packet Pg. 24 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 1 0 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes March 10, 2020 Kent, Washington Page 2 of 5 the Covid-19 Coronavirus. This proclamation allows for the city to contract quickly and also preserves the ability to seek federal and state funding. The City activated the emergency coordination center on a planning level that will focus on developing action plans to implement the Comprehensive Emergency Management Plan. The Kent Senior Center has been closed and the City is waiting for guidance from the Governor regarding any new rules regarding large events. Matheson advised of facility cleaning protocols and indicated employees have been advised to work with their manager and Human Resources if they have concerns over being at work. Boards and commissions have been advised they have the City's support if they need to cancel meetings. Matheson provided an update on the quarantine facility. The City continues to press the county to develop a plan and answer the City's questions regarding public safety. The City's wants to ensure this is a temporary facility and that the proper permits are obtained. The County needs to make sure the facility, although it's a voluntary isolation and quarantine facility, does not become a come and go facility. The City is interested in seeking eek reimbursement of police and fire services. Matheson advised of a number of King County Councilmembers that are supporting a County budget amendment regarding this facility. Matheson provided details on the legal action the City has taken to seek a temporary restraining order. Matheson advised why the City did not file the legal action in federal court. Matheson indicated local business owners have hired attorneys and public relation firms. The City will support that group as appropriate. Matheson expressed appreciation of city employees and Mayor Ralph expressed her appreciation of all the work Matheson has done since this issue arose. 8.A.3 Packet Pg. 25 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 1 0 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes March 10, 2020 Kent, Washington Page 3 of 5 Mayor Ralph knows and understands Kent has a role to play in the curbing of this virus, but residents are our number one priority. Mayor asked the County to include Kent in conversations and treat Kent as partner, not an afterthought. Today we are waiting for a scheduled update - no information has been provided by the County since Friday. Mayor Ralph understands the County is overwhelmed, but that does not excuse not having open conversations with Kent. Mayor indicated King County Health has been evaluating the facility for a long-term quarantine facility without any engagement from Kent. All of Kent’s concerns have not been met. Mayor thanked residents for their support and she will continue to be open and transparent. Councilmembers expressed their concern that this is an equity and social justice issue and are having a hard time understanding how King County can believe that a quarantine facility should be located in a population center. Council President Troutner expressed her appreciation of the leadership team for all of their hard work. B. Amendment to T-Mobile Telecom Lease Agreement for Wilson Playfields - Authorize Deputy Parks Director, Brian Levenhagen provided details on the Amendment to the T-Mobile Telecom Lease Agreement for Wilson Playfields. The original lease began in 2005 and the current amendment increases the fee to $36,000/year. Revenue is applied to the Pa rks operating budget. 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. 8.A.3 Packet Pg. 26 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 1 0 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes March 10, 2020 Kent, Washington Page 4 of 5 RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020 7:00 PM C. Property Transaction: Road and Right-of-Way Easements to the City of Covington - Authorize Property and Acquisition Analyst, Cheryl Rolcik-Wilcox presented details on the property transaction - Road and Right-of-Way and Easements to the City of Covington. Tim LaPorte advised that if any trees or shrubs are removed in the right - of-way area, Covington will mitigate for any vegetation removed. 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. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020 7:00 PM D. Grant Acceptance - Pedestrian Crossing on West James Street at Second Avenue North - Authorize Design Engineer, Drew Holcomb provided details on the pedestrian crossing on West James Street at Second Avenue North and advised the City applied for and was awarded funding in the amount of $274,683 to design and construct a mid-block pedestrian crossing. 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. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020 7:00 PM E. 2020 City Art Plan and Five Year City Art Plan (2020-2024) - Authorize Parks Department Program Manager, Rhonda Billerbeck provided information on the 2020 City Art Plan and Five-Year Art Plan. 8.A.3 Packet Pg. 27 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 1 0 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes March 10, 2020 Kent, Washington Page 5 of 5 Since 1985, the City prepares art plans on an annual and 5-year basis. Billerbeck reviewed the list of new and continuing art projects in addition to beginning on the Kent Valley Loop Trail plan. There will be some artwork in the green spaces around the Fourth and Willis roundabout project. Billerbeck detailed where the funds come from to support the art plans. MOTION: Authorize the Mayor to approve the 2020 City Art Plan and Five Year City Art Plan for 2020-2024. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020 7:00 PM F. Payment of Bills - Approve The Council reviewed the payment of bills presented by Finance Director, Paula Painter. MOTION: Approve the Payment of Bills RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020 7:00 PM G. Executive Session i. Current or Potential Litigation, as per RCW 42.30.110(1)(i) At 4:40 p.m., the council went into executive session. At 4:55 p.m., Matheson extended executive session for 5 more minutes. At 5:00 p.m., Matheson extended executive session for 5 more minutes At 5:05 p.m., Matheson extended executive session for 5 more minutes At 5:10 p.m., Matheson extended executive session for 5 more minutes At 5:16 p.m., the council reconvened into open session. 5. ADJOURNMENT With no action following executive session, Council President Troutner adjourned the meeting. Meeting ended at 5:18 p.m. Kimberley A. Komoto City Clerk 8.A.3 Packet Pg. 28 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 1 0 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) DATE: March 17, 2020 TO: Kent City Council SUBJECT: Payment of Bills - Approve MOTION: Approve the Payment of Bills received through 2/15/20 and paid on 2/15/20, and received through 2/29/20 and paid on 2/29/20, and approve checks issued for payroll 2/1/20-2/15/20 and paid on 2/20/20, and checks issued for payroll 2/16/20-2/29/20 and paid on 3/5/20, and audited by the Committee of the Whole on 3/10/20. SUMMARY: 8.B Packet Pg. 29 Approval of payment of the bills received through-----02/15/20 and paid 02/15/20 Approval of checks issued for Vouchers: Date Amount 02/15/20 Wire Transfers 8194 8210 $2,651,106.14 02/15/20 Regular Checks 742502 742805 $2,071,527.51 02/15/20 Payment Plus 102002 102040 $107,812.60 Void Checks ($202.40) 02/15/20 Use Tax Payable $4,142.30 $4,834,386.15 Approval of payment of the bills received through-----02/29/20 and paid 02/29/20 . Approval of checks issued for Vouchers: Date Amount 02/29/20 Wire Transfers 8211 8224 $2,094,659.91 02/29/20 Regular Checks 742806 743244 $5,868,208.63 02/29/20 Payment +102041 102097 $251,223.00 Void Checks ($690.00) 02/29/20 Use Tax Payable $1,635.10 $8,215,036.64 Approval of checks issued for Payroll:2/1/2020-2/15/2020 and paid 2/20/2020 Date Amount 2/20/2020 Checks 0 Voids and Reissues 2/20/2020 Advices 446125 446980 $1,896,249.94 $1,896,249.94 Approval of checks issued for Payroll:2/16/20-2/29/20 and paid 3/5/2020 Date Amount 3/5/2020 Checks $0.00 Voids and Reissues 3/5/2020 Advices 446981 447836 $1,886,472.58 $1,886,472.58 Document Numbers Document Numbers Document Numbers Document Numbers 8.B Packet Pg. 30 SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. 03/10/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020 7:00 PM 8.B Packet Pg. 31 DATE: March 17, 2020 TO: Kent City Council SUBJECT: Appoint Padiet Thoa to the Kent Cultural Communities Board - Confirm MOTION: Confirm the appointment of Padiet Thoa to the Kent Cultural Communities Board for a one-year term that will expire March 17, 2021. SUMMARY: Padiet Thoa represents the growing South Sudanese community in Kent. He is a former South Sudan Public Affairs Officer with direct experience working with members of the United Nations, and U.S. Congress. Padiet assisted the South Sudanese Head Mission in D.C., coordinating and planning procedures to become members of the international community. He has lived in Kent for more than three years and is a graduate of the City’s first Kent 101 Civics Program. I am pleased to recommend the appointment of Padiet Thoa to the Kent Cultural Communities Board to fill a vacant seat. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. 8.C Packet Pg. 32 DATE: March 17, 2020 TO: Kent City Council SUBJECT: Property Transaction: Road and Right-of-Way Deed and 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 8.D Packet Pg. 33 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) 03/10/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020 7:00 PM 8.D Packet Pg. 34 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. 8.D.a Packet Pg. 35 At t a c h m e n t : W a r r a n t y D e e d ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f C o v i n g t o n - A u t h o r i z e ) 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: 8.D.a Packet Pg. 36 At t a c h m e n t : W a r r a n t y D e e d ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f C o v i n g t o n - A u t h o r i z e ) 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 ________________ 8.D.a Packet Pg. 37 At t a c h m e n t : W a r r a n t y D e e d ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f C o v i n g t o n - A u t h o r i z e ) 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 8.D.a Packet Pg. 38 At t a c h m e n t : W a r r a n t y D e e d ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f C o v i n g t o n - A u t h o r i z e ) 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. 8.D.b Packet Pg. 39 At t a c h m e n t : W a l l E a s e m e n t ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f C o v i n g t o n - A u t h o r i z e ) 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) 8.D.b Packet Pg. 40 At t a c h m e n t : W a l l E a s e m e n t ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f C o v i n g t o n - A u t h o r i z e ) 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 ________________ 8.D.b Packet Pg. 41 At t a c h m e n t : W a l l E a s e m e n t ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f C o v i n g t o n - A u t h o r i z e ) 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 8.D.b Packet Pg. 42 At t a c h m e n t : W a l l E a s e m e n t ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f C o v i n g t o n - A u t h o r i z e ) 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. 8.D.c Packet Pg. 43 At t a c h m e n t : T r a i l A c c e s s E a s e m e n t ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f C o v i n g t o n - 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) 8.D.c Packet Pg. 44 At t a c h m e n t : T r a i l A c c e s s E a s e m e n t ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f C o v i n g t o n - 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 ________________ 8.D.c Packet Pg. 45 At t a c h m e n t : T r a i l A c c e s s E a s e m e n t ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f C o v i n g t o n - 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 8.D.c Packet Pg. 46 At t a c h m e n t : T r a i l A c c e s s E a s e m e n t ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f C o v i n g t o n - 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 8.D.d Packet Pg. 47 At t a c h m e n t : T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f 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. 8.D.d Packet Pg. 48 At t a c h m e n t : T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f 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) 8.D.d Packet Pg. 49 At t a c h m e n t : T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f 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 ________________ 8.D.d Packet Pg. 50 At t a c h m e n t : T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f 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 8.D.d Packet Pg. 51 At t a c h m e n t : T e m p o r a r y C o n s t r u c t i o n E a s e m e n t ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f 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 8.D.e Packet Pg. 52 At t a c h m e n t : R e a l P r o p e r t y V o u c h e r ( 2 2 1 3 : P r o p e r t y T r a n s a c t i o n - R o a d R i g h t - o f - W a y D e e d a n d E a s e m e n t s t o t h e C i t y o f C o v i n g t o n - DATE: March 17, 2020 TO: Kent City Council 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, to accept the funds and amend the budget to authorize the expenditure of the grant funds, subject to final grant 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) 8.E Packet Pg. 53 03/10/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020 7:00 PM 8.E Packet Pg. 54 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. 8.E.a Packet Pg. 55 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e 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. 8.E.a Packet Pg. 56 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e 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 8.E.a Packet Pg. 57 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e 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 8.E.a Packet Pg. 58 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e 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 8.E.a Packet Pg. 59 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e 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 8.E.a Packet Pg. 60 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e System Access Fund Project Agreement Page 7 of 10 GA 0009-20 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 8.E.a Packet Pg. 61 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e 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. 8.E.a Packet Pg. 62 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e 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 8.E.a Packet Pg. 63 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e 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 8.E.a Packet Pg. 64 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e 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 8.E.a Packet Pg. 65 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e 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 8.E.a Packet Pg. 66 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e 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 8.E.a Packet Pg. 67 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e System Access Fund Project Agreement Page 5 of 8 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. 8.E.a Packet Pg. 68 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e 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. 8.E.a Packet Pg. 69 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e 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. 8.E.a Packet Pg. 70 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e 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] 8.E.a Packet Pg. 71 At t a c h m e n t : K e n t S y s t e m A c c e s s F u n d A g r e e m e n t ( 2 2 1 4 : G r a n t A c c e p t a n c e - P e d e s t r i a n C r o s s i n g o n W e s t J a m e s S t r e e t a t S e c o n d A v e n u e DATE: March 17, 2020 TO: Kent City Council SUBJECT: 2020 City Art Plan and Five Year City Art Plan (2020-2024) - Approve MOTION: 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. Kent City Code 4.04.030(B) requires that the Council review and approve the City Art Plan annually. 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) 03/10/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020 7:00 PM 8.F Packet Pg. 72 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 8.F.a Packet Pg. 73 At t a c h m e n t : 2 0 2 0 A r t P l a n a n d F i v e - Y e a r A r t P l a n 2 0 2 0 - 2 0 2 4 ( 2 2 1 5 : 2 0 2 0 C i t y A r t P l a n a n d F i v e Y e a r C i t y A r t P l a n ( 2 0 2 0 - 2 0 2 4 ) - A p p r o v e ) 2 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 8.F.a Packet Pg. 74 At t a c h m e n t : 2 0 2 0 A r t P l a n a n d F i v e - Y e a r A r t P l a n 2 0 2 0 - 2 0 2 4 ( 2 2 1 5 : 2 0 2 0 C i t y A r t P l a n a n d F i v e Y e a r C i t y A r t P l a n ( 2 0 2 0 - 2 0 2 4 ) - A p p r o v e ) 3 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 8.F.a Packet Pg. 75 At t a c h m e n t : 2 0 2 0 A r t P l a n a n d F i v e - Y e a r A r t P l a n 2 0 2 0 - 2 0 2 4 ( 2 2 1 5 : 2 0 2 0 C i t y A r t P l a n a n d F i v e Y e a r C i t y A r t P l a n ( 2 0 2 0 - 2 0 2 4 ) - A p p r o v e ) 4 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 8.F.a Packet Pg. 76 At t a c h m e n t : 2 0 2 0 A r t P l a n a n d F i v e - Y e a r A r t P l a n 2 0 2 0 - 2 0 2 4 ( 2 2 1 5 : 2 0 2 0 C i t y A r t P l a n a n d F i v e Y e a r C i t y A r t P l a n ( 2 0 2 0 - 2 0 2 4 ) - A p p r o v e ) 5 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 8.F.a Packet Pg. 77 At t a c h m e n t : 2 0 2 0 A r t P l a n a n d F i v e - Y e a r A r t P l a n 2 0 2 0 - 2 0 2 4 ( 2 2 1 5 : 2 0 2 0 C i t y A r t P l a n a n d F i v e Y e a r C i t y A r t P l a n ( 2 0 2 0 - 2 0 2 4 ) - A p p r o v e ) 6 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 8.F.a Packet Pg. 78 At t a c h m e n t : 2 0 2 0 A r t P l a n a n d F i v e - Y e a r A r t P l a n 2 0 2 0 - 2 0 2 4 ( 2 2 1 5 : 2 0 2 0 C i t y A r t P l a n a n d F i v e Y e a r C i t y A r t P l a n ( 2 0 2 0 - 2 0 2 4 ) - A p p r o v e ) 7 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 8.F.a Packet Pg. 79 At t a c h m e n t : 2 0 2 0 A r t P l a n a n d F i v e - Y e a r A r t P l a n 2 0 2 0 - 2 0 2 4 ( 2 2 1 5 : 2 0 2 0 C i t y A r t P l a n a n d F i v e Y e a r C i t y A r t P l a n ( 2 0 2 0 - 2 0 2 4 ) - A p p r o v e ) 8 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 8.F.a Packet Pg. 80 At t a c h m e n t : 2 0 2 0 A r t P l a n a n d F i v e - Y e a r A r t P l a n 2 0 2 0 - 2 0 2 4 ( 2 2 1 5 : 2 0 2 0 C i t y A r t P l a n a n d F i v e Y e a r C i t y A r t P l a n ( 2 0 2 0 - 2 0 2 4 ) - A p p r o v e ) 9 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 8.F.a Packet Pg. 81 At t a c h m e n t : 2 0 2 0 A r t P l a n a n d F i v e - Y e a r A r t P l a n 2 0 2 0 - 2 0 2 4 ( 2 2 1 5 : 2 0 2 0 C i t y A r t P l a n a n d F i v e Y e a r C i t y A r t P l a n ( 2 0 2 0 - 2 0 2 4 ) - A p p r o v e ) DATE: March 17, 2020 TO: Kent City Council 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) 03/10/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020 7:00 PM 8.G Packet Pg. 82 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 8.G.a Packet Pg. 83 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 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) 8.G.a Packet Pg. 84 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 1 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. 8.G.a Packet Pg. 85 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 2 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 8.G.a Packet Pg. 86 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 3 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 8.G.a Packet Pg. 87 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - qF. .h$mhålw- s rir tzgzo sB 38ú strect ["{ Ë L} H t V rä rå*T:îl#å TfffÍ,"*"* (877)373"00e3 åuG 3 Afi$ July 30, 2015 CITY OF KENT clw ctEHK 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 8.G.a Packet Pg. 88 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 89 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 90 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 91 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 92 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 11 8.G.a Packet Pg. 93 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 1 Page: 1 Right of Entry Voicestream PK04-278 8.G.a Packet Pg. 94 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 95 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 96 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 97 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 98 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 99 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 100 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 101 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 102 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 103 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 104 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 105 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 106 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 107 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 108 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 109 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 110 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 111 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 112 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 113 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 114 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 115 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 116 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 117 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 118 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 119 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 120 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 121 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 122 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 123 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 124 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 125 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 126 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 127 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 128 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 129 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 130 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 131 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 132 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 133 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - 8.G.a Packet Pg. 134 At t a c h m e n t : T - M o b i l e A m e n d m e n t t o L e a s e A g r e e m e n t ( 2 2 1 2 : A m e n d m e n t t o T - M o b i l e T e l e c o m L e a s e A g r e e m e n t f o r W i l s o n P l a y f i e l d s - DATE: March 17, 2020 TO: Kent City Council SUBJECT: Resolution Discouraging Landlords and the Sheriff from Pursuing or Enforcing Evictions Related to the Inability to Pay Rent due to the Personal Effects of the Coronavirus MOTION: Adopt Resolution No. 2008, discouraging landlords and the King County Sheriff from pursuing or enforcing evictions related to the inability of a tenant to pay rent due to the personal effects of the Coronavirus. SUMMARY: King County, along with numerous other areas in the United States and the world, are dealing with the effects of the Coronavirus. Health experts are concerned because this new virus has the potential to cause severe illness and pneumonia in some people - especially people over age 60 or who have weakened immune systems. Health experts are still learning about how the Coronavirus spreads. Currently it is thought to spread through respiratory droplets when an infected person coughs or sneezes, between people who are in close contact with one another (within about 6 feet), and by touching a surface or object with the virus and then touching the mouth, nose, or eyes. Most Coronavirus illnesses are mild with fever and cough. The vast majority of people with the Coronavirus infection do not require hospital care. A much smaller percentage of people get severely ill with lung and breathing problems like pneumonia. Elderly people and people with underlying medical conditions are at highest risk. Those who are determined to have the Coronavirus are likely to be unable to work for a period of time. Those suspected of having the Coronavirus are required to self-quarantine for a period of time, and will not be permitted to work until the risk of spreading the virus ends, or they are tested and receive confirmation they do not have the virus. Over the past few weeks, the Governor and King County have issued numerous orders regarding social distancing in an attempt to prevent the rapid spread of the Coronavirus. As of March 16, 2020, the following orders, among others, were in effect: 1. All schools in Washington are closed until April 24, 2020. 2. All gatherings with more than 50 participants are prohibited until further notice. 3. All gatherings of 50 participants and below are prohibited until further notice unless previously announced criteria for hygiene and social distancing are 9.A Packet Pg. 135 met. 4. Restaurants, bars, dance halls, clubs, theaters, health and fitness clubs, and other similar indoor social or recreational venues must cease operations until March 31, 2020. 5. Restaurants and food service establishments may remain open only for drive- through, delivery, and pick-up only, until March 31, 2020. As a result of illness, self-quarantine requirements, or the various closures required of emergency orders, some people are unable to work and some of those unable to work may have insufficient funds to pay rent. During the critical time of this public emergency, a tenant evicted from his or her residence could face homelessness due to an insufficiency of funds caused by no fault and without control of the tenant. The Rental Housing Authority of Washington recently issued the following statement: “The rental housing industry is recommending a 30-day hold on writs of restitution for King County residents. This hold would prevent physical evictions during the emergency period. Importantly, it would still allow unlawful detainer proceedings to continue but prevent the physical eviction and keep people in their homes.” The Kent City Council supports efforts by landlords to ensure those who are affected by the Coronavirus are not dispossessed of safe housing due to the inability to pay rent. SUPPORTS STRATEGIC PLAN GOAL: 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. COVID-19 Eviction Resolution (PDF) 9.A Packet Pg. 136 1 Resolution Discouraging Evictions as a Result of the Coronavirus RESOLUTION NO. 2008 A RESOLUTION of the City Council of the City of Kent, Washington, discouraging landlords in the City of Kent from pursuing eviction of tenants who are able to establish that they are unable to pay rent as a direct result of the personal effects of Coronavirus. RECITALS A. King County, along with numerous other areas in the United States and the world, are dealing with the effects of the Coronavirus. B. Health experts are concerned because this new virus has the potential to cause severe illness and pneumonia in some people — especially people over age 60 or who have weakened immune systems. C. Health experts are still learning about how the Coronavirus spreads. Currently it is thought to spread through respiratory droplets when an infected person coughs or sneezes, between people who are in close contact with one another (within about 6 feet), and by touching a surface or object with the virus and then touching the mouth, nose, or eyes. D. Most Coronavirus illnesses are mild with fever and cough. The vast majority of people with the Coronavirus infection do not require hospital care. A much smaller percentage of people get severely ill with lung and 9.A.a Packet Pg. 137 At t a c h m e n t : C O V I D - 1 9 E v i c t i o n R e s o l u t i o n ( 2 2 2 3 : R e s o l u t i o n D i s c o u r a g i n g L a n d l o r d s a n d t h e S h e r i f f f r o m P u r s u i n g o r E n f o r c i n g E v i c t i o n s 2 Resolution Discouraging Evictions as a Result of the Coronavirus breathing problems like pneumonia. Elderly people and people with underlying medical conditions are at highest risk. E. Those who are determined to have the Coronavirus are likely to be unable to work for a period of time. F. Those suspected of having the Coronavirus are required to self- quarantine for a period of time, and will not be permitted to work until the risk of spreading the virus ends, or they are tested and receive confirmation they do not have the virus. G. Over the past few weeks, the Governor and King County have issued numerous orders regarding social distancing in an attempt to prevent the rapid spread of the Coronavirus. As of March 16, 2020, the following orders, among others, were in effect: 1. All schools in Washington are closed until April 24, 2020. 2. All gatherings with more than 50 participants are prohibited until further notice. 3. All gatherings of 50 participants and below are prohibited until further notice unless previously announced criteria for hygiene and social distancing are met. 3. Restaurants, bars, dance halls, clubs, theaters, health and fitness clubs, and other similar indoor social or recreational venues must cease operations until March 31, 2020. 4. Restaurants and food service establishments may remain open only for drive-through, delivery, and pick-up only, until March 31, 2020. H. As a result of illness, self-quarantine requirements, or the various closures required of emergency orders, some people are unable to work and some of those unable to work may have insufficient funds to pay rent. 9.A.a Packet Pg. 138 At t a c h m e n t : C O V I D - 1 9 E v i c t i o n R e s o l u t i o n ( 2 2 2 3 : R e s o l u t i o n D i s c o u r a g i n g L a n d l o r d s a n d t h e S h e r i f f f r o m P u r s u i n g o r E n f o r c i n g E v i c t i o n s 3 Resolution Discouraging Evictions as a Result of the Coronavirus I. During the critical time of this public emergency, a tenant evicted from his or her residence could face homelessness due to an insufficiency of funds caused by no fault and without control of the tenant. J. The Rental Housing Authority of Washington recently issued the following statement: “The rental housing industry is recommending a 30- day hold on writs of restitution for King County residents. This hold would prevent physical evictions during the emergency period. Importantly, it would still allow unlawful detainer proceedings to continue but prevent the physical eviction and keep people in their homes.” K. The Kent City Council supports efforts by landlords to ensure those who are affected by the Coronavirus are not dispossessed of safe housing due to the inability to pay rent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Encourage Landlords to Forego Eviction Proceedings for Tenants Personally Affected by the Coronavirus. The City Council hereby encourages landlords to suspend or altogether forgo efforts to evict tenants for non-payment of rent who establish that they are unable to pay rent as a direct result of the personal effects of the Coronavirus. Landlords are also encouraged to waive late payment penalties related to those tenants who are unable to timely pay rent as a result of the personal effects of the Coronavirus. Landlords and tenants are encouraged to work together to resolve payment disputes by utilizing payment plans that will enable individuals to remain housed. 9.A.a Packet Pg. 139 At t a c h m e n t : C O V I D - 1 9 E v i c t i o n R e s o l u t i o n ( 2 2 2 3 : R e s o l u t i o n D i s c o u r a g i n g L a n d l o r d s a n d t h e S h e r i f f f r o m P u r s u i n g o r E n f o r c i n g E v i c t i o n s 4 Resolution Discouraging Evictions as a Result of the Coronavirus SECTION 2. – Encourage the King County Sheriff to Forego the Enforcement of Evictions for Tenants Personally Affected by the Coronavirus. The City Council hereby encourages the King County Sheriff to forgo efforts to enforce court orders that remove rental housing tenants from rental units for non-payment of rent when those tenants are able to establish that they are unable to pay rent as a result of the personal effects of the Coronavirus. SECTION 3. – Exceptions. The City Council clarifies that the above encouragement does not apply to evictions that are pursued as a result of the following as set forth in RCW 59.18.130: drug-related activity; gang- related activity; the intentional or negligent destruction, defacement or damage to the rental property; activity at the rental property that is imminently hazardous to the physical safety of other persons on the property; entails physical assaults upon another person which result in an arrest; or entails the unlawful use of a firearm or other deadly weapon as defined in RCW 9A.04.110. The City Council also clarifies that the above encouragement does not apply to evictions that are pursued as a result of the violation of a crime free housing addendum to a rental agreement. SECTION 4. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 5. – Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. 9.A.a Packet Pg. 140 At t a c h m e n t : C O V I D - 1 9 E v i c t i o n R e s o l u t i o n ( 2 2 2 3 : R e s o l u t i o n D i s c o u r a g i n g L a n d l o r d s a n d t h e S h e r i f f f r o m P u r s u i n g o r E n f o r c i n g E v i c t i o n s 5 Resolution Discouraging Evictions as a Result of the Coronavirus March 17, 2020 DANA RALPH, MAYOR Date Approved ATTEST: March 17, 2020 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 9.A.a Packet Pg. 141 At t a c h m e n t : C O V I D - 1 9 E v i c t i o n R e s o l u t i o n ( 2 2 2 3 : R e s o l u t i o n D i s c o u r a g i n g L a n d l o r d s a n d t h e S h e r i f f f r o m P u r s u i n g o r E n f o r c i n g E v i c t i o n s DATE: March 17, 2020 TO: Kent City Council SUBJECT: 2020 Asphalt Grinding Project Bid - Award MOTION: Award the 2020 Asphalt Grinding Project to Statewide Parking Lot Services, Inc., in the amount of $85,265 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This project includes grinding asphalt pavement to prepare for the overlay work performed by the Public Works street crew. The bid opening was held on March 10, 2020 with three bids received. The lowest responsible and responsive bid was submitted by Statewide Parking Lot Services, Inc. in the amount of $85,265. Bid Tab Summary 01. Statewide Parking Lot Services, Inc. $85,265 02. Puget Paving & Construction, Inc. $88,715 03. Mulier Construction $106,258 Engineer's Estimate $114,000 BUDGET IMPACT: No unbudgeted impacts. The project is funded with B&O Tax and Solid Waste Utility Tax revenue. 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. Asphalt Grinding Bid Tab (PDF) 10.A Packet Pg. 142 2020 Asphalt Grinding Bid Opening: March 10, 2020, 12:00 PM Statewide Parking Lot Services, Inc. Puget Paving & Construction, Inc. Mulier Construction Engineer's Estimate 33920 211th Pl. SE 10910 26th Ave. S. PO Box 1169 Gursimran Singh Disclaimer: These preliminary bid results are provided as a convenience to Auburn, WA 98092 Lakewood, WA 98499 Maple Valley, WA 98038 TOTAL $85,265.00 $88,715.00 $106,258.00 $114,000.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT SCHEDULE I: SOLID WASTE UTILITY FUNDING 1000 Mobilization 1 LS 3,000.00 $3,000.00 3,465.00 $3,465.00 388.00 $388.00 6,000.00 $6,000.00 1005 * Planing Bituminous Pavement 11 HD 2,195.00 $24,145.00 2,230.00 $24,530.00 3,166.00 $34,826.00 3,000.00 $33,000.00 1010 Minor Changes 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 SCHEDULE I TOTAL $37,145.00 $37,995.00 $45,214.00 $49,000.00 SCHEDULE II: B&O FUNDING 2000 Mobilization 1 LS 3,000.00 $3,000.00 5,040.00 $5,040.00 388.00 $388.00 7,000.00 $7,000.00 2005 * Planing Bituminous Pavement 16 HD 2,195.00 $35,120.00 2,230.00 $35,680.00 3,166.00 $50,656.00 3,000.00 $48,000.00 2010 Minor Changes 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 SCHEDULE II TOTAL $48,120.00 $50,720.00 $61,044.00 $65,000.00 SUMMARY: SCHEDULE I TOTAL $37,145.00 $37,995.00 $45,214.00 $49,000.00 SCHEDULE II TOTAL $48,120.00 $50,720.00 $61,044.00 $65,000.00 CONSTRUCTION CONTRACT TOTAL $85,265.00 $88,715.00 $106,258.00 $114,000.00 123 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. 10.A.a Packet Pg. 143 At t a c h m e n t : A s p h a l t G r i n d i n g B i d T a b ( 2 2 2 1 : 2 0 2 0 A s p h a l t G r i n d i n g P r o j e c t B i d - A w a r d ) DATE: March 17, 2020 TO: Kent City Council SUBJECT: 2020 Crack Sealing Project Bid - Award MOTION: Award the 2020 Crack Sealing Project to Central Paving, LLC in the amount of $63,475 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The project consists of installing approximately 12 tons of rubberized asphalt for crack sealing roadways throughout the city. Crack sealing extends pavement life by reducing the amount of water that infiltrates into the road base. The bid opening was held on March 10, 2020 with six bids received. The lowest responsible and responsive bid was submitted by Central Paving, LLC in the amount of $63,475. Bid Tab Summary 01. Central Paving, LLC $63,475 02. Evergreen Asphalt & Concrete Inc. $89,140 03. Pavement Maintenance of Washington, LLC $100,250 04. Stanley Patrick Striping Co. $105,809 05. BCV Inc. $106,850 06. Huizenga Enterprises $117,894 Engineer's Estimate $125,125 BUDGET IMPACT: No unbudgeted impacts. This project is funded with B&O Tax and Solid Waste Utility Tax revenue. 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. 10.B Packet Pg. 144 ATTACHMENTS: 1. Crack Sealing Bid Tab (PDF) 10.B Packet Pg. 145 2020 Crack Sealing Bid Opening: , 2020, 11:00 AM Central Paving, LLC Evergreen Asphalt & Concrete Inc. Pavement Maintenance of WA, LLC Stanley Patrick Striping Co. 1410 W. Dolarway Rd. PO Box 867 19411 SE Green Valley Rd. 1628 3rd St. Disclaimer: These preliminary bid results are provided as a convenience to Ellensburg, WA 98926 Ravensdale, WA 98051 Auburn, WA 98092 Enumclaw, WA 98002 TOTAL $63,475.00 $89,140.00 $100,250.00 $105,809.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT SCHEDULE I: RESIDENTIAL 1000 Mobilization 1 LS 10,000.00 $10,000.00 5,500.00 $5,500.00 2,500.00 $2,500.00 38,000.00 $38,000.00 1005 * Crack Sealant for Crack Sealing 5.5 TON 3,085.00 $16,967.50 5,850.00 $32,175.00 2,000.00 $11,000.00 5,000.00 $27,500.00 1010 * Traffic Control Labor 180 HR 1.00 $180.00 1.00 $180.00 85.00 $15,300.00 1.00 $180.00 1015 * Traffic Control Supervisor 60 HR 1.00 $60.00 1.00 $60.00 100.00 $6,000.00 1.00 $60.00 1020 Temporary Traffic Control Devices 1 LS 500.00 $500.00 1,000.00 $1,000.00 2,500.00 $2,500.00 2,000.00 $2,000.00 1025 * Portable Changeable Message Sign (PCMS) 12 DAY 60.00 $720.00 40.00 $480.00 400.00 $4,800.00 1.00 $12.00 1030 * Sequential Arrow Sign (SAS) 6 DAY 25.00 $150.00 10.00 $60.00 400.00 $2,400.00 1.00 $6.00 1035 SPCC 1 LS 50.00 $50.00 250.00 $250.00 1,500.00 $1,500.00 250.00 $250.00 1040 Minor Changes 1 CALC 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 SCHEDULE I TOTAL $30,127.50 $41,205.00 $47,500.00 $69,508.00 SCHEDULE II: B&O 2000 Mobilization 1 LS 10,000.00 $10,000.00 6,500.00 $6,500.00 2,500.00 $2,500.00 1,000.00 $1,000.00 2005 * Crack Sealant for Crack Sealing 6.5 TON 3,085.00 $20,052.50 5,850.00 $38,025.00 2,000.00 $13,000.00 5,000.00 $32,500.00 2010 * Traffic Control Labor 210 HR 1.00 $210.00 1.00 $210.00 85.00 $17,850.00 1.00 $210.00 2015 * Traffic Control Supervisor 70 HR 1.00 $70.00 1.00 $70.00 100.00 $7,000.00 1.00 $70.00 2020 Temporary Traffic Control Devices 1 LS 500.00 $500.00 1,000.00 $1,000.00 2,500.00 $2,500.00 1,000.00 $1,000.00 2025 * Portable Changeable Message Sign (PCMS) 14 DAY 60.00 $840.00 40.00 $560.00 400.00 $5,600.00 1.00 $14.00 2030 * Sequential Arrow Sign (SAS) 7 DAY 25.00 $175.00 10.00 $70.00 400.00 $2,800.00 1.00 $7.00 2035 Minor Changes 1 CALC 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 SCHEDULE II TOTAL $33,347.50 $47,935.00 $52,750.00 $36,301.00 SUMMARY: SCHEDULE I TOTAL $30,127.50 $41,205.00 $47,500.00 $69,508.00 SCHEDULE II TOTAL $33,347.50 $47,935.00 $52,750.00 $36,301.00 CONSTRUCTION CONTRACT TOTAL $63,475.00 $89,140.00 $100,250.00 $105,809.00 responsible bidder. Bid review by staff and final award pending. 4123 contractors for informational purposes only and do not identify lowest 10.B.a Packet Pg. 146 At t a c h m e n t : C r a c k S e a l i n g B i d T a b ( 2 2 2 2 : 2 0 2 0 C r a c k S e a l i n g P r o j e c t B i d - A w a r d ) 2020 Crack Sealing Bid Opening: , 2020, 11:00 AM Disclaimer: These preliminary bid results are provided as a convenience to TOTAL ITEM DESCRIPTION QTY UNIT NO. SCHEDULE I: RESIDENTIAL 1000 Mobilization 1 LS 1005 * Crack Sealant for Crack Sealing 5.5 TON 1010 * Traffic Control Labor 180 HR 1015 * Traffic Control Supervisor 60 HR 1020 Temporary Traffic Control Devices 1 LS 1025 * Portable Changeable Message Sign (PCMS) 12 DAY 1030 * Sequential Arrow Sign (SAS) 6 DAY 1035 SPCC 1 LS 1040 Minor Changes 1 CALC SCHEDULE I TOTAL SCHEDULE II: B&O 2000 Mobilization 1 LS 2005 * Crack Sealant for Crack Sealing 6.5 TON 2010 * Traffic Control Labor 210 HR 2015 * Traffic Control Supervisor 70 HR 2020 Temporary Traffic Control Devices 1 LS 2025 * Portable Changeable Message Sign (PCMS) 14 DAY 2030 * Sequential Arrow Sign (SAS) 7 DAY 2035 Minor Changes 1 CALC SCHEDULE II TOTAL SUMMARY: SCHEDULE I TOTAL SCHEDULE II TOTAL CONSTRUCTION CONTRACT TOTAL responsible bidder. Bid review by staff and final award pending. contractors for informational purposes only and do not identify lowest BCV Inc. Huizenga Enterprises Engineer's Estimate PO Box 2898 PO Box 31944 Gursimran Singh Wenatchee, WA 98807 Bellingham, WA 98228 $106,850.00 $117,894.00 $125,125.00 UNIT TOTAL UNIT TOTAL UNIT TOTAL PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1,500.00 $1,500.00 100.00 $100.00 10,000.00 $10,000.00 5,450.00 $29,975.00 9,300.00 $51,150.00 5,800.00 $31,900.00 60.00 $10,800.00 1.00 $180.00 55.00 $9,900.00 60.00 $3,600.00 1.00 $60.00 55.00 $3,300.00 1,000.00 $1,000.00 1.00 $1.00 3,000.00 $3,000.00 50.00 $600.00 94.50 $1,134.00 75.00 $900.00 50.00 $300.00 5.00 $30.00 75.00 $450.00 300.00 $300.00 50.00 $50.00 1,000.00 $1,000.00 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 $49,575.00 $54,205.00 $61,950.00 1,500.00 $1,500.00 100.00 $100.00 6,000.00 $6,000.00 5,450.00 $35,425.00 9,300.00 $60,450.00 5,800.00 $37,700.00 60.00 $12,600.00 1.00 $210.00 55.00 $11,550.00 60.00 $4,200.00 1.00 $70.00 55.00 $3,850.00 1,000.00 $1,000.00 1.00 $1.00 1,000.00 $1,000.00 50.00 $700.00 94.50 $1,323.00 75.00 $1,050.00 50.00 $350.00 5.00 $35.00 75.00 $525.00 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 $57,275.00 $63,689.00 $63,175.00 $49,575.00 $54,205.00 $61,950.00 $57,275.00 $63,689.00 $63,175.00 $106,850.00 $117,894.00 $125,125.00 56 10.B.a Packet Pg. 147 At t a c h m e n t : C r a c k S e a l i n g B i d T a b ( 2 2 2 2 : 2 0 2 0 C r a c k S e a l i n g P r o j e c t B i d - A w a r d )