HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 2/18/2020
KENT CITY COUNCIL AGENDAS
Tuesday, February 18, 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
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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
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, 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
City Council Meeting City Council Regular Meeting February 18, 2020
as a whole. The Mayor and Council may not be in a position to answer
questions during the meeting.
8. SPECIAL PUBLIC COMMENT PERIOD
A. Rally the Valley Draft Regulations
9. CONSENT CALENDAR
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Feb 4, 2020 5:00 PM
2. Committee of the Whole - Committee of the Whole - Regular Meeting -
Feb 11, 2020 4:00 PM
3. City Council Meeting - City Council Regular Meeting - Feb 4, 2020 7:00
PM
B. Payment of Bills - Approve
C. Excused Absence for Councilmember Larimer - Approve
D. Excused Absence for Councilmember Thomas - Approve
E. Milwaukee II Levee Project - PacMet Property, LLC Purchase - Authorize
F. Signature Pointe Levee Interlocal Agreement for Real Estate Appraisals
and Preliminary Designs - Authorize
G. Consolidating Budget Adjustment Ordinance for Adjustments between
December 1, 2019 and December 31, 2019 - Adopt
10. OTHER BUSINESS
11. BIDS
A. 125,000-Gallon Reservoir Recoating and Fall Protection Improvements -
Award
B. 2020 Paint Line Striping and Raised Pavement Markings Replacement
Project Bid - Award
12. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
13. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
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.
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Administration
• Thank you to everyone who attended the
Kent City Council’s 2020 strategic planning
retreat last weekend. Our facilitator is
working on a summary we will include on a
future council agenda for adoption as the
official minutes of the retreat.
• The first session of our Kent 101 program
was a success! We talked about how the
city fits into the federal/state/local
government context, how the city is
organized, and the work of the
Administration Department.
Economic Development/Long Range Planning
• ECD and Parks staff met with Root Cause
underground tree experts at Kent
Elementary School to discuss the Meet Me
on Meeker project and the prospect of tree
preservation during construction of a
multimodal connection across the school
property. Brian Holers with Root Cause was
very optimistic that the fifteen mature
maples can be preserved and live for
another 80 years, and has agreed to help
the city determine next steps with the
expertise of a consulting arborist. Design
decisions for this segment need to happen
fast with upcoming grant deadlines! ECD
looks forward to working with PW and
Parks to design and construct a connection
that lives up to the expectations of the
Kent School District, Kent Elementary, and
the broader community.
• Working with counterparts in Auburn,
Burien, Tukwila, Renton and Federal Way,
ECD staff interviewed three consultant
teams for the South King Housing
Collaborative Framework. Our top team
received unanimous support from the
interview panel and we are now collectively
clarifying exact scope of work and contract
details. This collaborative portion of the
work is expected to wrap up in the
summer, just in time for each city to
embark on individual Residential Building
Capacity Plans. The total $100,000 grant
awarded to the City of Kent must be
expended by mid-2021, so ECD is excited
to begin the real work needed to increase
residential building capacity. Achieving that
will help Kent continue growing in a
sustainable way that increases the diversity
of our building stock and provides livable
housing options for current and future
residents.
• Staff met with Kent Downtown Partnership,
Kent Chamber of Commerce,
restauranteurs, and managing staff from
Kent Station to start planning for the first
ever Kent Restaurant Week, targeted for
later in 2020.
• Staff met with the executive director of the
Workforce Development Council for
Seattle- King County to talk about the
availability of grants and other strategies
for improving advanced manufacturing
workforce services in the Kent Valley.
• Coro by Salumi, a growing gourmet food
manufacturing company, met with
economic development staff to discuss
ADMINISTRATION
ECONOMIC AND COMMUNITY
DEVELOPMENT
February 18, 2020
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details of its relocation to Kent from South
Seattle.
Development Engineering
• Working with Public Works to organize a
meeting with CenturyLink to discuss
permitting and restoration work.
• Processing multiple franchise utility permits
from Verizon for upgrades to their
infrastructure.
• Meeting with PSE to review scope of
Dupont Gas Main replacement projects for
2020.
• Permit review on multiple new residential
building permits/additions and associated
water and side sewer permits.
• Continuing review of FWLE permits from
Kiewit/Sound Transit.
• Construction Engineering Supervisor
interviews on February 13.
• Police sergeant written exam February 13.
• MW 3 in Parks interviews are on February
20.
• Workday architect and configuration.
• LMM with AFSCME – negotiating new Drug
Free Workplace policy.
• Discussion on CDL drug testing with Admin.
• Risk Manager and Alliant (insurance
broker) met with CAO, City Attorney, IT
Director and IT staff to review features of
the City’s new CyberRisk coverage,
effective 1/1/2020. Follow-up with IT staff
to be scheduled.
• Security Information and Event
Management (SIEM) Aggregation Tool.
• Implement a SIEM tool that takes all the
assigned inputs, primarily from relevant
application log files and uses an algorithm
to determine correlated events.
• Remove Local Admin Access.
• Remove local administrative rights from all
non-domain administrator accounts.
Information Technology operational support
for January 28, 2020 to February 11, 2020
• Number of tickets opened – 317
• Number of tickets closed – 243
• Represented the city at a code enforcement
hearing on February 5. The violation at
issue was construction of a covered
outdoor deck without required permits. The
property owner admitted to the violation
and requested to mitigate the fine amount.
Because the violation wasn’t entirely
abated at the time of the hearing, the full
$500 fine was imposed with $400
suspended for a two-week period to allow
the property owner an opportunity to finish
removing the structure. If the property is
brought into compliance, the fine amount
will remain at $100.
• Drafted and negotiated a Master License
Agreement (MLA) authorizing the
installation of small cell facilities on city-
owned infrastructure (e.g., streetlights).
The MLA adopted by City Council as a
template will allow streamlined processing
of applications to deploy this new
technology throughout the city to help
enhance existing 4G networks and to build
5G networks.
• Successfully opposed a dissatisfied bidder’s
attempt to obtain a temporary restraining
order to bar the city from proceeding under
its contract with the successful bidder.
• Prepared presentation for Kent 101 class.
• Continued to assist the Clerk’s office with
public records requests as needed, and
Public Works, ECD, IT and Parks with many
high priority contracts and development
projects, including property rights and
access issues involving Naden Avenue.
• Assisted the HR Department with several
sensitive employment and labor related
matters.
FINANCE
HUMAN RESOURCES
INFORMATION TECHNOLOGY
LAW
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Recreation
• Seattle Rock Orchestra performed music of
The Beach Boys as part of Spotlight Series
on Saturday, February 8 at Kentwood High
School Performing Arts Center. The concert
was at 85% capacity, with 383 in
attendance.
• The Kent Creates “Identity” exhibit closed
on January 31 and Arts Commissioners are
currently voting for the top five
submissions which will receive featured
status on the website and $200
honorariums.
• Photographs by Tara McDermott and Phil
Eidenberg Noppe are on display in the
Centennial Gallery through February 28.
Tara McDermott has a BFA in photography
from UW and exhibits at Seattle’s Columbia
City Gallery. The subject matter of her
work has grown out of an obsession with
the natural world. Phil Eidenberg-Noppe’s
photography ranges from documentary to
“impressionist.” He is interested in history,
identity, place and ritual, particularly in
relation to the diverse cultural groups that
live in the Puget Sound region. His
“Transcend-Dance” series depicts how
these cultures achieve transcendence
beyond the realm of the “normal” through
dance. McDermott and Eidenberg Noppe
also collaborated on a piece specifically for
this Centennial Gallery exhibit.
Staff Changes-Hiring/Retirement/Recruitment/
Leaves/Promotions
• Supported Employee Isaiah Mullen started
on February 4.
• Lateral Officer David Castro starts on
March 2.
Significant crime
• On February 1, victim “befriended” two
males standing on the side of a 7-11 store.
The victim agreed to give the subjects a
ride but then decided against it. The
suspects pulled out guns and forced the
victim out of the vehicle, stole the car and
the victim's cell phone. The case was
referred to detectives.
• On February 2, a victim was exiting his
vehicle in the parking lot of the CityZen
Common Apartments, when he was
approached by three suspects that struck
him in the face and stole his cell phone.
The case was referred to detectives.
• On February 3, a subject with a $200,000
felony warrant for
Kidnapping/Assault/Order Violation with an
Armed and Dangerous Caution was taken
into custody without incident.
• On February 3, a suspect arrived at a
victim's apartment at Valli Key to sell
clothes as agreed upon through a mutual
friend. When the victim refused to
purchase the items due to them being
different than the agreed upon items, the
suspect pulled out a gun and told the
victim to give him the money. She went
inside, locked the door, and called 911. The
suspect fled northbound on 104 Ave SE as
captured on surveillance video and the
victim's cell phone. The case was referred
to detectives.
• On February 3, officers did an outstanding
job of quickly closing in on a bank robbery
suspect that was in a vehicle and being
tracked. The tracking device hit near Kent
Bowl and though officers did not yet have a
vehicle nor suspect description, they locked
down all lanes of vehicle traffic in the area.
The suspect backed up and quickly pulled
out of the line of cars and the pursuit was
on. The suspect bailed inside Berkley
Heights, the K9 caught up to the suspect
who was taken into custody.
• On February 5, officers responded to a
stabbing at the Safeway at 108th and
208th. An unknown male forced his way
into a female employee’s vehicle, displayed
a pair of scissors, and ordered her to give
up her belongings, saying “don’t make me
kill you” as he held the scissors at her
side. The victim fought the suspect
sustaining cuts/defense wounds to her
hand and fingers. The victim eventually
escaped from the vehicle and ran into the
store. The suspect took her phone and fled
on foot leaving the scissors behind. A K9
PARKS, RECREATION, AND
COMMUNITY SERVICES
POLICE
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track was conducted but the suspect was
not located.
• On February 7, at the 7-11 at 1481 W.
Meeker St., a suspect walked in and
pointed a handgun at the clerk and
demanded money. The suspect then flees
on foot north on 64th carrying the entire till
drawer until going out of site around W.
Smith St. On February 8, at the 7-11 at
13131 SE 240th St. the same male from
above robbed the clerk and fled on foot. On
February 8, at the Shell Station at 25014
74th Ave. S. the same male from above
robbed the clerk and fled on foot. The
suspect was not located, and the case has
been referred to detectives.
• On February 8, officers responded to a
residential alarm and ran the plate of the
vehicle in the driveway to learn the car is a
reported stolen and occupied by one male.
Officers block the vehicle in with a patrol
vehicle, activate the overheads, and began
trying to call out the male. The male put
the car in gear and backed into the front of
the patrol vehicle. The male pulls forward
and then reverses into them a second time.
Once he learns he cannot get out he flees
on foot. A door to the rear of the house is
ajar. After determining the homeowner is
in Florida, the house was searched with K9
and no one was found inside.
Land Survey & GIS
• City Land Surveyor is developing a
property ownership & boundary map for
the west side of the Green River corridor,
determining right-of-way for city projects
and mapping easement rights for the
Signature Point Levee.
• Land Survey Coordinator is compiling field
topography data collected by field staff of
the Signature Point Levee and 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, Green River Natural Resources
(GRNA) South Pump Station and the Fuel
Island Replacement project at Operations.
• GIS Supervisor, Analyst 3 and Intern are
preparing maps for PW Operations annual
work plans.
• GIS Coordinator is assisting IT in PW
Operations asset management system
upgrades.
• GIS Analysts are developing web
applications for guardrail & ADA sidewalk
inventories, entering as-built data and
providing information for public records
requests.
• GIS Supervisor attending A-Team meetings
(CAO Efficiency Task Group).
Construction
• 228th St. Union Pacific Railroad grade
separation bridge and roadway (Ph 5 of 5):
Access for trucks from 6th Ave onto 228th St
is proving to be difficult and will be very
challenging during the excavation and
placement of the fourth and final detention
vault. Widening of the roadway on the
north side of 228th in this area will be
taking place to facilitate this truck turning
movement and minimize impacts to the
businesses on 6th Ave South of the
project. Bridge girder placement is
currently scheduled for the week of March
23.
• SR 167 underpass lighting at W. James St.:
The contractor is scheduled to resume work
on February 24 after a project suspension
to procure long-lead materials. Lighting
installation is expected to be complete in
late March.
• Fuel Tank Replacement Project: Relocation
of existing underground piping is
proceeding this week as weather
permits. Excavation for the fuel island’s
foundation structure will begin the week of
February 17. Anticipate an increase of
truck traffic in and out of our Operations
facility during this excavation work.
• Green River Natural Resource Area
(GRNRA) South Stormwater Pump Station:
Connections to the exiting water main for a
new hydrant and water services on 240th
began on Monday this week. Expect traffic
impacts for several days.
• Meet Me on Meeker Sidewalk / Riverbend
Driving Range Improvements: Council has
authorized the award of this project to Icon
Materials of Pacific, WA.
PUBLIC WORKS
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Transportation
• The Federal Railroad Administration has
approved our request to establish a quiet
zone on the BNSF mainline through
Kent. We submitted the application in April
2019 and were expecting a decision from
the FRA to take up to 12 months. We were
pleasantly surprised, and this allows the
city to move to the next step which is
petitioning the Washington State Utilities
and Transportation Commission (UTC) for
approval to make the necessary crossing
modifications. We have reached out to
BNSF to try and reach an agreement on the
specific crossing treatments before we
submit the petitions to the UTC. If we
cannot come to an agreement, the crossing
modifications are likely to go to a hearing
which can take 12-to-15 months to
complete.
• We have also been working on the quiet
zone for the UPRR mainline. We are
working on a maintenance agreement for
the crossing at Willis St. which is also state
route 516. WSDOT changed the access
control classification last fall so the city is
now responsible for the crossing and Willis
St. to the east. WSDOT is still responsible
for Willis St. to the west. WSDOT is
requiring that a maintenance agreement be
in place before they will sign a waiver for
the UTC petition. We are also working with
UPRR to try and reach an agreement on
the UPRR crossings before we submit
crossing modification petitions to the UTC.
Design
• 4th Ave and Willis Roundabout: Revised
channelization plans submitted to WSDOT
along with request for five full weekend
intersection closures - three included in the
construction contract documents (expect
response by Feb. 18). 100% design
drawings expected to go out early this
week to be distributed for two-week final
review.
• 76th Street Road Raising: SEPA has been
submitted to planning. 60% review
expected to be distributed mid-February for
a two-week review. Advertisement
scheduled for April.
• 2020 Overlays: Complete Street memo
sent to ECD to review on Jan 27. 30%
design drawings distributed Jan. 29 with
response requested by Feb. 12. Working on
design of approximately 120 curb ramps
for contract work and in-house overlays.
• West Hill Reservoir: Reservoir - Internal
city kickoff meeting scheduled for Feb 18.
Work plan being developed for mural and
lighting options for reservoir.
• West Hill Transmission Main: Working to
finalize easement needs for 16”
transmission main from Seattle Public
Utilities.
• Skyline Sanitary Sewer: Coordinating with
ECD for sewer work at Kent Mountain View
Academy and upstream sewer connections.
Meeting scheduled with operations staff to
discuss decommissioning pump station and
connection to new facility.
Streets
Street Maintenance -
• Crews are doing a hot patch repair 24641
98th Ave S, paving the salt dome pad at the
East Hill shop, and preparation for railroad
pylon installation at the shop yard.
• The sidewalk crew will grind and repair on
SE 276th Pl, SE 278th Pl, 130th Ave SE, SE
208th St, SR 515, 132nd Ave SE, SE 240th St
and 72nd Ave S.
• The concrete crew will continue to demo,
remove, prep, pour, backfill, strip forms
and backfill with topsoil for a new sidewalk
section on 68th Ave S.
Street Signs and Markings -
• Crews are installing signs and bases for the
retro-reflectivity program on S 250th St and
S 248th St, sign inventory on S 250th St,
installing signs on 102nd Ave SE, installing
signs and bases on 111th Pl SE and Reith
Rd.
• Crews will be picking up reader boards on
4th Ave S and performing sign maintenance
on the East Hill, West Hill, and Valley
South.
Solid Waste -
• Crews will be removing debris and illegal
signs on Russell Rd, 124th Ave S, SE 272nd
St, 43rd Ave S, 80th Pl S and Green River Rd
and performing hotspot inspections Military
Rd S, S 188th St, 1St Ave S, 148th Ave SE,
Russell Rd, and W Meeker St.
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• The crew will also be removing graffiti from
the retention wall on the 22400 block of
Benson Hwy and the Joe Jackson Bridge.
Water Vegetation -
• Crews will be performing debris clean up at
the east hill well, west hill sites and power
lines access rd. The crew will also be filling
potholes at Armstrong Springs, Clark
Springs and Kent Springs and weeding and
raking the flower beds at Pump Station 5.
Sidearm Mowing -
• Crew will be mowing along 38th Ave S, W
Smith St, 64th Ave S, S 208th St, SE 192nd
St, 132nd Ave SE, 120th Ave SE, Kent
Kangley, Military Rd S, S 188th St and 1St
Ave S.
• The crew will also be doing fence repairs at
the Benson holding pond on SE 220th St,
gate repair on Central Ave and fall
protection fence on 108th Ave SE.
Street Vegetation -
• Crews will be planting on W Gowe St and E
Meeker St, pruning trees on 38th Ave S,
mow, line trim, and pick up litter on S
224th St and call in locates for E Meeker St.
Wetland Maintenance -
• Crews will be installing a split rail fence at
Kingstone North, inspecting and repairing a
split rail fence at 10606 SE 273rd Ct and
planting at Meridian Meadows.
Wetland Mitigation -
• Crew will be planting tree beds on Meeker
St and State St, painting red barn siding at
GRNRA, transplanting at the GRNRA
Nursery, planting shrubs in the tree beds
on W Gowe St and removing blackberry
bushes at GRNRA.
• The holding pond crew is performing tree
removal at Rhododendron Estates,
Highland Estates, Estes, Sun Preet Sangh,
Swan Court I and Swan Court II, clearing
blackberries at Woodford Pl and fence
installation at Falcon Crest.
Water
• Water staff continue to work on water main
cleaning in the southern portion of the east
hill area of the water system. They are
currently around SE 274th street and 124th
Ave SE. Development of the 2019 annual
water quality report is underway. The
drinking water report has an annual
deadline of July 1.
Storm
• Storm crews will be storm line cleaning on
59th Pl S and at 641 2nd Ave S, digging a
ditch at 23040 96th Ave S, digging a pond
at 109th Pl SE, mud and asphalt catch basin
at 14347 SE 266th St, lower catch basin on
2nd Ave N, blade shoulder on 108th Ave SE,
blade shoulder and re-rock on SE 224th St.
The crew will also be performing National
Pollutant Discharge Elimination System
(NPDES) pumping on 116th Ave SE and
assessing on SE 252nd Pl, 145th Pl SE and
SE 261 St.
Sewer
• Sewer crews are cleaning existing sewer
lines on W James St and 68th Ave S, along
with TV inspections on S 224th St and on
68th Ave S. Crews will be performing
maintenance work at the Union Pacific
Pump Station, install new balanced
impellers at Lindental, system checks on
the west hill and performing manhole
frame and lid change outs on the east hill,
working on the west hill easement
identification and road repairs on the Union
Pacific access road and 3rd Ave access road.
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Pending Approval
City Council Workshop
Workshop Regular Meeting
Minutes
February 4, 2020
Date: February 4, 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 Human Services Strategic Plan Goals Merina Hanson 30 MIN.
Human Services Manager, Merina Hanson presented the Human Services
Strategic Plan 2020-2025.
The plan is anticipated to be complete during the first quarter of 2020. The
purpose of the Plan is to provide a roadmap that identifies the City’s strategic
human services priorities over the next five years.
Hanson reviewed the Plan development process that the City went through
and will continue to go through as we work towards implementation. We will
drill down to evaluation and measurement and eventually we will cycle back
through again. The plan addresses immediate needs and long-term
challenges and is intended to be a flexible, living document that allows the
City to respond to shifting community needs over time.
Research and Data. The City did not conduct a comprehensive community
“needs” assessment, although the consultant we hired as part of our
Consolidated Plan development did help out some in that regard. Updated
data is so much more accessible now that we didn’t feel a needs assessment
was where we should direct limited resources. Staff did conduct extensive
background research on demographics, reviewed local and national reports,
and focused on best practices. Our work included analysis of research from
experts in the field, community’s experiences, and strategy development
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February 4, 2020
Kent, Washington
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with the Commission.
Community Engagement and Outreach
The hallmark of the planning process was a concerted effort to talk with as
many people as we could, focusing on our low-income residents and their
needs so we did target our outreach there, as well as to our non-profit
agencies and community groups who serve them. We also felt it was critical
to hear directly from our local policy makers because you have direct contact
with your constituents so that was a priority as well.
Human services investments help to ensure that the services people need are
in place - when they need them. These investments strengthen community
resilience. While we can’t predict the level of need exactly or when it might
arise generally we use the low and very low-income numbers to identify
potential need.
Hanson advised staff was able to reach over 700 community members. The
feedback received validated their research. The City also had the benefit of
statistically valid information from the Recreation Plan and data from the
Marketing and Community Engagement qualitative survey.
Roles of the City
These are the primary roles the City has in the human services realm. This
plan is really two pronged at its heart, so in addition to setting the stage for
our funding priorities we are also using the plan to help drive our work plans.
Our goal is to be more proactive and strategic while aligning with regional
priorities when appropriate.
High Level Themes
Some high-level issues emerged from the community feedback. We
conducted our own analysis of the survey data and feedback we received,
but in order to make sure we weren’t missing anything and to avoid any blind
spots, we also had the consultant we are working with on the Consolidated
Plan review all of our feedback. We were on the same page and he indicated
that our top high-level trends are very similar to neighboring cities.
Everyone wants to feel valued and connected. That access to opportunity
piece is really critical and again we heard that both from residents and our
non-profits.
Diversity - respecting individual differences
Equity - creating equal access to opportunity
Inclusion - experiencing a sense of belonging and feeling valued
Human Services Vision
All residents experience Kent as a thriving, sustainable and inclusive
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February 4, 2020
Kent, Washington
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community.
Human Services Mission
Create a healthy, thriving, and inclusive community for all Kent residents by
ensuring access to opportunity and high-quality services that respect each
person’s unique experiences.
Guiding Principles
· Maintain a safety net of services for Kent’s most vulnerable residents, while
remaining flexible enough to respond to emerging needs.
· Focus on data driven, upstream investments that target root causes and reduce
the demand for costlier interventions later.
· Honor and respect the rich diversity within the City of Kent and strive to ensure
our services are accessible and culturally relevant.
· Recognize, respect, and build on the strengths of individuals, families, and our
community.
· Strive to move people along the continuum to stability, promoting maximum
independence.
· Value and promote collaboration and coordination at every level, including
amongst City divisions, local governments, non-profit agencies, private funders,
and our residents.
These guiding principles come into play in our funding allocation process.
These principles also help us make difficult decisions about who to fund when
we have competing applications for similar services.
Values
· Person-centered over service-centered. Strive to build services, policies, and
processes grounded in what individuals and families need, as opposed to what
we perceive the needs and solutions to be.
· Strength-based over deficit-based. Build on what works with a lens on
promoting the strengths and resilience of individuals, families, and communities
rather than solely focusing on what is going wrong what the challenges are.
· Innovation over tradition. Prioritize being flexible and adaptable in order to be
able to meet the needs of fast-pace of change in our community.
· Integrated over fragmented. Prioritize services that are integrated and
coordinated and facilitate access and flow through, resulting in improved client
and system-level outcomes.
· Prevention over crisis. Where possible, continue to prioritize intervention and
prevention measures, rather than waiting for issues to become costlier crises
before we intervene.
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Kent, Washington
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· Sustainability over deficit. Maximize value for taxpayers and develop financially-
sustainable models that leverage additional resources wherever possible
Equity
Woven throughout the plan is a focus on using an equity lens in our work. It
is still all too easy to predict advantage or disadvantage based on race,
ethnicity, identity, or ability. We have to make sure our strategies are having
the impact we seek for the communities who need it most.
· Promote fair and just access for community services, and build partnerships that
engage in a strong commitment to equity.
· Prioritize creating an environment where diversity thrives, inclusion and
belonging is the norm, and equity is the ultimate outcome.
· Invest in and work with nonprofit organizations led by and/or serving
communities of color to ensure City resources reach the populations most
impacted.
Community challenges and Opportunities
Our strategic plan does address each of the community challenges and
opportunities in more detail. Housing, homeless and mental health were
heard in every community engagement venue - including interviews, focus
groups, and across stakeholders.
Human Services Coordinator, Lori Guilfoyle was the lead staff on developing
the strategic plan and she presented information on the priorities and goals.
Priorities. The previous Master Plan had seven priorities. We started out
with seven priorities and we have them condensed down to four. Each
priority area has specific goals and strategies, and the strategies are where
we focus investments - the funding allocated and where we focus on policy
development, and planning.
A Good Start
Goal 1 - Children are healthy and ready to start school
Goal 2 - Youth are healthy, successful in school, and have positive
attachment to community.
The strategies span from prevention to intervention needs of youth and
addressing high risk behaviors as well as early intervention in mental health
and substance abuse.
Guilfoyle reviewed the Investment Strategies and Policy and Planning
Strategies.
Healthy Aging
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February 4, 2020
Kent, Washington
Page 5 of 10
Goal 1 - Older adults thrive in the community as they age.
Guilfoyle reviewed the Investment Strategies and Policy and Planning
Strategies that strengthen community options that allow older adults to age
well and safely in the community - including home repair, home care,
transportation options, and support services.
· Expand access to educational and social events, classes, activities.
· Ensure counseling, case management, and referral services are available in the
community.
· Expand caregiver support programs and programs that prevent elder abuse,
isolation, and exploitation.
· Increase access to programs designed to improve the health status of older
adults in diverse populations.
Individual and Community Well-Being
Goal 1- Community members feel safe, welcomed and included in social, civic
and economic life.
Investment Strategies include expanding access to culturally appropriate
services and programs.
· Strengthen community connections that create protective environments and
build support systems and social networks.
· Increase access to social engagement opportunities to decrease isolation.
Policy and Planning Strategies include increasing education and awareness
about inclusion and equity.
· Support access to and availability of resources, services and programs that
advance equity.
· Foster partnerships with community organizations.
We want all of our community members to feel safe, welcomed and included.
This includes the need for culturally appropriate services, advancing equity
and strengthening community connections to build resilience.
Goal 2 - Individuals and families have access to basic safety net services.
Investment Strategies include preventing food insecurity, and increase
availability and access to healthy, fresh food.
· Ensure families in crisis have access to emergency financial assistance for
eviction prevention, motel vouchers, utility assistance, transportation, and
medical prescriptions.
Policy and Planning Strategies include monitoring and taking advantage of
opportunities to influence local and state policy that directly affect Kent
residents.
· Improve community education to ensure vulnerable residents access poverty
reduction strategies.
Goal 3 - Residents have opportunities to improve their economic condition,
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February 4, 2020
Kent, Washington
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build assets, and improve their long-term security.
Investment Strategies include increasing support for individualized
employment support services, internships, and apprenticeships that enable
residents to enter or progress in the job market.
· Expand opportunities for entrepreneurship and small business development.
· Increase access to financial literacy and provide programs to build assets.
· Support services that promote pathways to home ownership.
· Increase access to affordable, quality, legal assistance for low-income residents.
Policy and Planning Strategies include developing strong regional
partnerships to close the gaps in capacity, encourage collaboration across
jurisdictional boundaries, and help overcome residents’ barriers to
opportunity.
We want residents to be able to increase their economic security over the
long-term.
This Goal focuses on a range from employment supports, to small business
development to financial literacy, legal aid and home ownership programs.
Goal 4 - Residents can access resources to achieve quality physical and
mental well-being.
Investment Strategies include ensuring access to services that promote
physical, behavioral and oral health.
· Support programs that address the unmet needs of vulnerable populations
struggling with mental health or substance use disorders.
· Support services that promote safe and healthy relationship skills and disrupt
pathways toward intimate partner violence.
Policy and Planning Strategies include expanding access to a continuum of
high quality behavioral health services that includes prevention, intervention,
treatment, and recovery support services.
· Increase awareness of the harms of domestic violence and of services available
to survivors.
This priority area also includes strategies related to health - including
physical health, behavioral health, treatment, protection from domestic
violence, and sexual assault.
Stable Housing
Goal 1 - Individuals have access to homelessness prevention and housing
assistance services that are tailored to their unique needs and strengths to
help them achieve and maintain stable housing.
Investment Strategies:
· Ensure residents have flexible prevention services suited to their needs.
· Ensure all individuals experiencing or at risk of homelessness are connected to
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February 4, 2020
Kent, Washington
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the Coordinated Entry System.
· Increase access to programs that improve transitions of young people from
foster care and the juvenile justice system.
· Ensure consistent access to specialized outreach workers and case management,
and promote more comprehensive wraparound services.
· Develop persistent, coordinated, and creative outreach efforts to engage
chronically homeless individuals to link them to services.
· Policy and Planning Strategies:
· Expand regional efforts that seek to address root causes of homelessness.
· Ensure regional access to a continuum of housing options including rapid
rehousing, shelter, and permanent supportive housing.
Goal 2 - Create an engaged and informed community regarding
homelessness and homelessness solutions.
· Acknowledge the strength of our community to make change by leveraging their
passion, energy, assets, and skills to help non-profits and other organizations
achieve their mission of ending homelessness.
·
Policy and Planning Strategies:
· Engage and increase communication with residents on issues regarding
homelessness and Kent’s current efforts to address homelessness in the City,
including the work of other City departments and law enforcement, as well as
our combined efforts at the regional level.
· Increase coordination with the faith community and community groups focused
on providing grassroots homelessness services.
· Identify and promote volunteer opportunities with local civic groups, community
organizations and service providers that complement the goals of the City,
streamline resources to where they are most needed, and reduce duplication of
services.
· Educate residents on programs that exist to prevent people from experiencing
homelessness.
Next Steps include building the priorities and goals into the upcoming
application cycle.
Staff is very aware of the City’s financial constraints and are working on a
deeper funding analysis of the current per capita investment. Staff is diving
into that “opportunity” piece and building a strong case for what increasing
funding could accomplish.
The sustained focus on human services at the regional level has really taken
a toll on our staffing capacity and we know we can’t continue at the pace we
are currently moving.
The last piece of our planning process is refining and finalizing our
Implementation Plan.
Staff will incorporate Priorities and Goals into the upcoming 2020 application
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February 4, 2020
Kent, Washington
Page 8 of 10
cycle and funding allocation process.
Complete a funding analysis of the current per capita investment with
recommendations to come in 2021-2022 budget development process.
Refine and Finalize Implementation Plan:
· List short-term goals that will be accomplished within the next two years.
· List longer term goals (two to five years and beyond).
· Finalize performance measures and how progress will be measured.
2020 Funding Application Cycle
Kent is part of the Human Services Funding Collaborative. The HSFC is made
up of 16 cities. We share a common application process and we collaborate
on a year-round ongoing basis on this project. The application will go live on
March 3rd. We then hold a series of funders workshops where we will walk
through the application process and answer questions. Technical assistance is
also available throughout the process.
Hanson reviewed the 2020 timeline.
Internally we are working with our Commission and staff on some focused
training on reviewing and allocating funds with an equity lens. Our timeline is
here for your information.
Applications are reviewed by staff for completeness and accuracy once the
application cycle closes. The Human Services Commission makes the final
decision on completeness and we conduct a preliminary review at this time.
Commissioners and staff then review applications in tandem through most of
May. Commissioners will make final funding recommendations at the June
Human Services Commission meeting. Recommendations are then forwarded
to the Mayor in July as part of the budget. The City Council affirms the
recommendations when they approve the budget (typically in November). In
the history of funding human services in Kent, the City Council has never
altered the Commission’s funding recommendations.
Mayor Ralph and Councilmembers expressed their appreciation of the work of
staff.
2 Amendment to ShoWare Center Sales,
Marketing and Operations Management
Services Agreement
Kurt Hanson
Tim Higgins
Pat Fitzpatrick
60 MIN.
Economic and Community Development Director, Kurt Hanson presented
information on the Amendment to the accesso ShoWare Center Sales,
Marketing and Operations Management Service Agreement.
SMG was selected through a request for proposal process. SMG has
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February 4, 2020
Kent, Washington
Page 9 of 10
substantial experience and expertise with similar facilities to the accesso
ShoWare Center.
The scope on the original agreement included services for sales, marketing,
operations, maintenance and administration.
The original terms included an annual payment of $145,624 with a $52,930
incentive fee.
The new Amendment extends the term through 2024 with the option to
renew for two additional five-year terms.
Annual base fee will be $145,624 with a new incentive fee structure.
New Capital Loan of $500,000
New incentive fee = 20% of operating revenues that exceed an annual
benchmark of $2.15 million
Once total incentive fees paid = $920,000, eligible fees will be capped at
$100,000.
accesso ShoWare Center General Manager, Tim Higgins provided additional
information.
SMG is a division of ASM Global, managing over 300 venues. It is the largest
venue management company in the world.
Higgins provided details on the significant experience of the staff that
manages the center.
Higgins provided details on the items that have been purchased using the
original $500,000 loan.
Higgins reviewed the number and types of events from 2009 - 2020
The Thunderbirds are the main tenant with a 30-year lease. They have 34
scheduled home games and have contracted with the city to exclusively sell
building sponsorship.
Higgins reviewed the events scheduled between January 2020 - June 30,
2020 - 97 events in 182 days. Higgins also reviewed other venues
throughout the region that are competitive with the accesso ShoWare Center.
Higgins provided details on “Savor,” the food and beverage provider.
Higgins reviewed the revenues and expenses, food and beverage revenue
and indirect expenses. Higgins also reviewed the results of the 2012
Economic Impact Study.
Higgins reviewed capital projects done in 2019 and those scheduled for 2020,
including the concession stand rebranding.
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February 4, 2020
Kent, Washington
Page 10 of 10
Higgins reviewed how he markets the accesso ShoWare Center.
Councilmembers suggested having another economic impact study done.
Troutner conveyed that the Thunderbirds contract generates a lot of revenue
including revenue to surrounding businesses.
Councilmembers expressed their appreciation of Kurt and Tim and for taking
the time to meet with them and educate them on the operations of the
accesso ShoWare Center and the benefits to downtown Kent businesses.
Meeting ended at 6:27 p.m.
Kimberley A. Komoto
City Clerk
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Pending Approval
Kent City Council - Committee
of the Whole
Committee of the Whole -
Regular Meeting
Minutes
February 11, 2020
Date: February 11, 2020
Time: 4:04 p.m.
Place: Chambers
1. CALL TO ORDER
2. ROLL CALL
Attendee Name Title Status Arrived
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present 4:15 PM
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Excused
Zandria Michaud Councilmember Present
Les Thomas Councilmember Present
3. AGENDA APPROVAL
A. Move to approve the agenda as presented
RESULT: APPROVED [4 TO 0]
MOVER: Bill Boyce, Councilmember
SECONDER: Les Thomas, Councilmember
AYES: Boyce, Kaur, Michaud, Thomas
AWAY: Fincher
4. DEPARTMENT PRESENTATIONS
A. Milwaukee II Levee Project - PacMet Property, LLC Purchase -
Authorize
Steven Lincoln, Engineer from the Department of Public Works Environmental
Engineering Design Group discussed the Milwaukee Levee II improvements
and the need for a right-of-way purchase agreement with PacMet LLC. This
right-of-way purchase agreement with PacMet LLC is located at 959 5th
Avenue South and overlays a portion of their retention pond. The majority of
the property acquisition will be funded by the King County Flood Control
District, the City will be funding the purchase of this corner acquisition.
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
February 11, 2020
Kent, Washington
Page 2 of 5
MOTION: Authorize the Mayor to sign all documents necessary
to purchase a portion of a parcel of land (APN 000660-0102)
located at 959 5th Avenue South in Kent, from PacMet
Property, LLC, in an amount not to exceed $67,000, subject to
final terms and conditions acceptable to the City Attorney and
Public Works Director.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 2/18/2020
7:00 PM
B. Signature Pointe Levee Interlocal Agreement for Real Estate
Appraisals and Preliminary Designs - Authorize
Public Works Environmental Engineering Manager, Mike Mactutis presented
an interlocal agreement with the King County Flood Control District, which
was approved by the King County Flood Control District just this afternoon.
This interlocal agreement with pay for property appraisals for the remainder
of the properties along the Signature Pointe levee as well as 30% design for
the entire project. This is estimated at $1.4 million and is budgeted by the
Flood Control District 100%.
Mactutis advised that the schedule is to have the appraisals and the 30%
design completed in 2020 under this interlocal agreement. Following this
completion there will be another interlocal agreement for property
acquisitions and final design.
MOTION: Authorize the Mayor to sign an Interlocal Agreement
between the City and the King County Flood Control District to
reimburse the City for real estate appraisals and preliminary
designs for the Signature Pointe Levee Project, subject to final
terms and conditions acceptable to the City Attorney and Public
Works Director.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 2/18/2020
7:00 PM
C. INFO ONLY: Downey Farmstead Channel Restoration Project
Public Works Environmental Engineer, Melissa Dahl provided an update on
the Downey Farmstead restoration project. To date there have been a
number of phases completed: relocated utilities from the site, cleared and
grubbed 22 acres of debris and excavated 110,000 cubic yards of material
which is about half of what needs to be removed, relocated Frager Road so it
is closer to 516, added a pedestrian and cyclist access trail with the help of
the Parks Department and removed arsenic contaminated soil.
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
February 11, 2020
Kent, Washington
Page 3 of 5
Dahl discussed future projects at this site, to include more excavating,
placing roughly 50 habitat structures to help with salmon habitat and
planting 30,000 native plants.
Dahl spoke about the high water events and showed photos of what the
current state is. The intent of the Downey Farmstead restoration project
includes flood storage which will help alleviate a lot of the flooding that is
currently being seen at this location.
Up next, Dahl indicated that this project is predominately grant funded
and that there are three large grants they are actively pursuing.
D. INFO ONLY: Transportation Master Plan - Multimodal
Transportation Network
Public Works Senior Transportation Planner, April DelChamps introduced
Emily Alice Gerhart and Kendra Breland from Fehr and Peers.
Emily Alice spoke about the Transportation Master Plans Multimodal
Transportation Network and provided a project update. She discussed the
layered transportation network and moreso how it was developed. In
summer 2019, the consultant team reviewed existing plans and reviewed
the multimodal level of service policies. In fall of 2019, City staff and Kent
Bicycle Advisory Board reviewed policies and priorities and provided
institutional knowledge to the consultant team. In January of 2020 the
second Transportation Advisory Board meeting was held to help
understand the stakeholder priorities.
Emily Alice discussed the proposed bicycle network, pedestrian network,
transit network and the proposed freight network at length.
Kendra Breland began by reviewing the Transportation Master Plan goals
that were set by Council in 2019: Connectivity and Options, Safety and
Health Placemaking, Strategy and Stewardship. She reviewed the
performance metrics development process over the course of 2019 as
well as the criteria and technical descriptions of the criteria.
Emily Alice noted that April DelChamps will return to Council for the
February 25th Committee of the Whole meeting introduce the
performance metrics and then push that through Council for approval.
E. INFO ONLY: Transportation Master Plan Prioritizing Projects
and Updated Performance Metrics
9.A.2
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
February 11, 2020
Kent, Washington
Page 4 of 5
Public Works Senior Transportation Planner, April DelChamps discussed the
future work that is needed for the Transportation Master Plan including
prioritizing projects and updated metrics.
Councilmember Boyce noted the phenomenal work that is being done and
inquired about when the final product will be complete. DelChamps advised
that she will be returning to Council in October to approve the Transportation
Master Plan.
F. INFO ONLY: Quiet Zone Update
Public Works Transportation Engineering Manager, Rob Brown provided an
overview of the Quiet Zone project and the projected timelines. Brown noted
that on January 27th the City received approval from the Federal Railroad
Administration to move forward with the Quiet Zone.
Future steps in regards to the Quiet Zone are to work with railroads on
crossing modifications, submitting those modifications to the Universal
Traffic Control (UTC), entering into construction contracts, constructing
the modifications, issuing notice of establishment and then finally ongoing
maintenance of the crossings. The ongoing maintenance is estimated at
$50k a year.
G. Payment of Bills - Approve
No questions or concerns regarding the payment of bills.
MOTION: Approve the Payment of Bills
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 2/18/2020
7:00 PM
H. Consolidating Budget Adjustment Ordinance for Adjustments
between December 1, 2019 and December 31, 2019 - Adopt
Finance Director, Paula Painter presented the final consolidating budget
adjustment ordinance for 2019. Painter discussed the two items that are
being consolidated into this budget adjustment ordinance. The first item was
a grant from the Department of Transportation for the Commute Trip
Reduction Program in the amount of $106,010, which will be covered by the
grant dollars coming in. Also discussed was the Kronisch property which was
transferred from the Parks Department to the Water Utility. The net affect is
zero, but there is a need to account for it behind the scenes through this
ordinance.
MOTION: Adopt Ordinance No. 4354, approving the
consolidating budget adjustment ordinance for adjustments
made between December 1, 2019 and December 31, 2019,
reflecting an overall budget increase of $106,010.
9.A.2
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
February 11, 2020
Kent, Washington
Page 5 of 5
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 2/18/2020
7:00 PM
5. ADJOURNMENT
Council President Troutner adjourned the meeting at 5:07 pm.
Meeting ended at 5:07 p.m.
Kimberley A. Komoto
City Clerk
9.A.2
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Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
February 4, 2020
Date: February 4, 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. Approve the agenda as presented
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
1. Employee of the Month
Mayor Ralph recognized Kyle Bowmer as the February employee of the
month. Kyle is the City's Printing Multimedia Coordinator.
Information Technology Director, Mike Carrington provided a brief
background of Kyle and expressed words of appreciation and gratitude of
Kyle and his work at the City.
2. Recognition of Community Arts Support Program Funding Recipients
9.A.3
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Kent City Council City Council Regular Meeting
Minutes
February 4, 2020
Kent, Washington
Page 2 of 7
Cultural Arts Program Manager and Liaison to the Kent Arts Commission,
Rhonda Billerbeck provided details on the Community Arts Support Program
Funding program and recognized the 2020 recipients:
Rainier Youth Choirs, Interurban Center for the arts, Rainier Corral,
Meeker Middle School PTSA, Kent International Festival , Kent Music 4
Life, and Kent Downtown Partnership.
3. Proclamation for Black History Month
Mayor Ralph read the proclamation for Black History Month and presented it
to Councilmembers Boyce and Fincher.
4. Proclamation for Children's Dental Health Month
Mayor Ralph read the proclamation for Children's Dental Health Month.
5. Appointments to the Human Services Commission
Mayor Ralph advised of the two appointments to the Human Services
Commission.
6. Appointments to the Kent Bicycle Advisory Board
Mayor Ralph advised of the two appointments to the Kent Bicycle Advisory
Board. Nik Shetye expressed his appreciation for the appointment and
indicated he wants to serve on the board to give back more to the
community and be an example for his boys.
B. Community Events
Council President Troutner provided details on upcoming events at the
accesso ShoWare Center. Ticketing information can be found at
accessoshowarecenter.com.
Councilmember Fincher provided details on two upcoming Spotlight Series
events. Information can be found at KentWA.gov. Fincher also invited the
public to attend the upcoming Equity and Inclusion speaker event on
February 13th at 7 p.m. at the Kent Memorial Park Building. Vishavjit Singh,
known as Sikh Captain America will be the guest speaker.
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor's Report
Mayor Ralph serves as the President of the Sound Cities Association Puget
Sound Regional Council Executive Board and serves on the Transportation
Policy Board. The Executive Board approved the policy framework for the
next round of federal grants for road construction projects. There was also a
full-day workshop for newly-elected officials. Councilmember Michaud
attended. Mayor participated on a panel during the workshop.
Mayor has made multiple trips to Olympia and testified on the importance of
9.A.3
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Kent City Council City Council Regular Meeting
Minutes
February 4, 2020
Kent, Washington
Page 3 of 7
the 509 project and steamlined sales tax mitigation. Mayor testified today on
a proposal for a head tax that would only affect King County employers that
have employees making $150,00/year. Mayor Ralph and Mayor Backus are
concerned that none of the affected cities outside of Seattle were part of the
discussion to bring this proposal forward.
Mayor advised of the recent West Hill neighborhood meeting that included
discussions on community safety.
Mayor advised of the upcoming Kent 101 series.
B. Chief Administrative Officer's Report
In Derek Matheson's absence, Mayor Ralph indicated the COA report is
included into today's agenda packet.
C. Councilmember's Reports
Councilmember Troutner provided a brief overview of the two workshop
topics from today that included the Human Services Strategic Plan Goals and
the Amendment to the ShoWare Center Sales, Marketing and Operations
Management Services Agreement.
Councilmember Troutner serves on the Sound Cities Association Regional
Law, Safety and Justice Committee King County that met and discussed
reducing gun violence and heard about gun responsibility.
On January 28th, Mayor Ralph, Derek Matheson, Councilmember Kaur and
Council President Troutner participated in AWC Action Days and met with
representatives and senators to discuss legislative priorities.
Councilmember Fincher serves on the Sound Cities Association Mental Illness
and Drug Dependency Oversight Committee that heard a recap of the
regional homelessness authority and indicated that moving forward, any
work to help solve homelessness will need to consider racism and racial
disproportionality. There was also an update on the managed care system.
Councilmember Thomas serves on the Puget Sound Regional Fire Authority
Governance Board that met and elected new officers.
6. PUBLIC HEARING
None
7. PUBLIC COMMENT
Eileen Lamphere invited the public to upcoming events at the Greater Kent
Historical Society. Lamphere also extended an invitation for the upcoming
"our lost years" gathering at the Kent Lutheran Church on March 1st from 2-
4 p.m.
9.A.3
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Kent City Council City Council Regular Meeting
Minutes
February 4, 2020
Kent, Washington
Page 4 of 7
Dan Streiffert, a Kent resident requested an update on his prior request of
staff regarding K4C. Mayor Ralph advised that Danielle Butsick will follow
up with him.
Virginia Manning, a Kent resident thanked the Mayor for last week's
meeting and expressed concerns over people that may be displaced due
to river flooding. Mayor Ralph provided information on measures to avoid
flooding and the City's Human Services plan.
8. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Council President
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Jan 21, 2020 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Jan 21, 2020 7:00
PM
3. Committee of the Whole - Committee of the Whole - Regular Meeting -
Jan 28, 2020 4:00 PM
B. Payment of Bills
MOTION: Approve the payment of bills received through
January 15, 2020 and paid on January 15, 2020 and approve
the checks issued for payroll for January 1, 2020 through
January 15, 2020 and paid on January 17, 2020.
C. Appoint Dave Peterson, Nik Shetye and Connie Stolpp to the
Kent Bicycle Advisory Board - Confirm
MOTION: Confirm appointment of Dave Peterson, Nik Shetye
and Connie Stolpp to the Kent Bicycle Advisory Board.
D. Appoint Mike Heinisch and Reverend Dr. Joyce Parry Moore to
the Human Services Commission - Confirm
MOTION: Confirm Mayor Ralph’s reappointment of Mike
Heinisch to an additional one-year term ending December 31,
2020, along with the appointment of Reverend Dr. Joyce Parry
Moore to the Kent Human Services Commission for a three-year
term ending 12/31/2022.
E. Accept the Dvorak Barn Concrete Foundation and Interior
Framing Project as Complete - Authorize
9.A.3
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Kent City Council City Council Regular Meeting
Minutes
February 4, 2020
Kent, Washington
Page 5 of 7
MOTION: Authorize the Mayor to accept the Dvorak Barn
Concrete Foundation and Interior Framing Project as complete
and release retainage to Serpanok Construction, Inc. upon
receipt of standard releases from the State and the release of
any liens.
F. Accept the Downey Farmstead Restoration Phase 2 – Frager
Road Realignment and Contaminated Soil Removal Project as
Complete - Authorize
MOTION: Authorize the Mayor to accept the Downey Farmstead
Restoration Phase 2 Frager Road Realignment and
Contaminated Soil Removal Project as complete and release
retainage to Scarsella Bros., Inc., upon receipt of standard
releases from the State and the release of any liens.
G. Accept the Downey Farmstead Restoration Phase 2b –
Excavation Project as Complete - Authorize
MOTION: Authorize the Mayor to accept the Downey Farmstead
Restoration Phase 2b Excavation Project as complete and
release retainage to Olson Brothers Excavating, Inc. upon
receipt of standard releases from the State and the release of
any liens.
H. Accept the 2019 Paint Line Striping and Raised Pavement
Markings Replacement Project as Complete - Authorize
MOTION: Authorize the Mayor to accept the 2019 Paint Line
Striping and Raised Pavement Markings Replacement Project as
complete and release retainage to Stripe Rite, Inc., upon
receipt of standard releases from the State and the release of
any liens.
I. Accept the 2019 Plastic Markings Project as Complete -
Authorize
MOTION: Authorize the Mayor to accept the 2019 Plastic
Markings Project as complete and release retainage to Stanley
Patrick Striping Company, upon receipt of standard releases
from the State and the release of any liens.
J. Accept the 2019 Asphalt Overlays Project as Complete -
Authorize
MOTION: Authorize the Mayor to accept the 2019 Asphalt
Overlays Project as complete and release retainage to Miles
Resources, LLC., upon receipt of standard releases from the
State and the release of any liens.
K. Resolution to Adopt a Template Small Cell Master License
Agreement - Adopt
9.A.3
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Kent City Council City Council Regular Meeting
Minutes
February 4, 2020
Kent, Washington
Page 6 of 7
MOTION: Adopt Resolution No. 2007, approving a small cell
Master License Agreement template and authorizing the
execution of individual Master License Agreements with
qualified applicants administratively.
9. OTHER BUSINESS
A. Amendment to the ShoWare Center Sales, Marketing and
Operations Management Services Agreement - Authorize
Economic and Community Development Department Director, Kurt Hanson
detailed the changes to the ShoWare Center Sales Marketing and Operations
Management Services Agreement.
Boyce advised that the Council previously heard a presentation and
discussed this amendment during a prior Committee of the Whole.
Councilmembers thanked Kurt Hanson and Tim Higgins for their work with
councilmembers to help them understand the details of the agreement
and the work of SMG.
Kaur suggested doing another Economic Benefits Study to see how much
revenue is generated by the Center and suggested utilizing Lodging Tax
Funds for the study.
Finance Director, Paula Painter advised that each year an audit is required
as part of the contract with SMG. The State auditor's office audits from
the City's perspective and another audit from the Public Facilities District's
perspective. Both audits that covered the financing through 2018 came
back clean.
Troutner conveyed the Thunderbird's contract is an important piece of the
accesso ShoWare Center and also contributes to an additional revenue
stream to downtown businesses.
MOTION: Authorize the Mayor to sign the First Amendment to
the ShoWare Center Sales, Marketing, and Operational
Management Services Agreement, subject to final terms and
conditions acceptable to the Chief Administrative Officer and
the City Attorney.
RESULT: APPROVED [UNANIMOUS]
MOVER: Satwinder Kaur, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
10. BIDS
9.A.3
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Kent City Council City Council Regular Meeting
Minutes
February 4, 2020
Kent, Washington
Page 7 of 7
A. Meet Me on Meeker Sidewalk/Riverbend Driving Range
Improvements Project Bid - Award
Public Works Director, Tim LaPorte provided details on the Meet Me on
Meeker Sidewalk/Riverbend Driving Range Improvements Project bid and
requested Council award the contract.
MOTION: Award the Meet Me on Meeker Sidewalk/Riverbend
Driving Range Improvements Project to ICON Materials in the
amount of $2,305,304.28 and authorize the Mayor to sign all
necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
RESULT: APPROVED [UNANIMOUS]
MOVER: Zandria Michaud, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 8:04 p.m.
Kimberley A. Komoto
City Clerk
9.A.3
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DATE: February 18, 2020
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: Approve the payment of bills received through 1/31/20 and paid
on 1/31/20 and approve the checks issued for payroll for the period of
1/16/20-1/31/20 and paid on 2/5/20, and audited by the Committee of
the Whole on 2/11/20.
SUMMARY:
Approval of checks issued for Vouchers:
Date Amount
01/31/20 Wire Transfers 8176 8193 $2,329,542.19
01/31/20 Regular Checks 741897 742501 $8,160,155.40
01/31/20 Payment Plus 101905 102001 $359,311.06
Void Checks ($53,461.09)
01/31/20 Use Tax Payable $8,404.34
$10,803,951.90
Approval of checks issued for Payroll:1/16/2020-1/31/2020
and paid 2/5/2020
Date Amount
2/5/2020 Checks 0
Voids and Reissues
2/5/2020 Advices 444393 446124 $2,018,312.49
$2,018,312.49
Document Numbers
Document Numbers
02/11/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 2/18/2020 7:00 PM
9.B
Packet Pg. 31
DATE: February 18, 2020
TO: Kent City Council
SUBJECT: Excused Absence for Councilmember Larimer - Approve
MOTION: Approve an excused absence for Councilmember Larmier.
SUMMARY: Councilmember Larimer is not able to attend today’s meeting and has
requested an excused absence.
9.C
Packet Pg. 32
DATE: February 18, 2020
TO: Kent City Council
SUBJECT: Excused Absence for Councilmember Thomas - Approve
MOTION: Approve an excused absence for Councilmember Thomas.
SUMMARY: Concilmember Thomas is not able to attend today’s meeting and has
requested an excused absence.
9.D
Packet Pg. 33
DATE: February 18, 2020
TO: Kent City Council
SUBJECT: Milwaukee II Levee Project - PacMet Property, LLC
Purchase - Authorize
MOTION: Authorize the Mayor to sign all documents necessary to purchase
a portion of a parcel of land (APN 000660-0102) located at 959 5th Avenue
South in Kent, from PacMet Property, LLC, in an amount not to exceed
$67,000, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: The City of Kent has been working with the property owner to
purchase a portion of their property, located at 959 5th Avenue South, for the
Milwaukee II Levee Project. The property owner has accepted the City’s fair market
value offer of $67,000.
The Milwaukee II Levee Project includes construction of an earthen levee and
floodwall system that will reduce flood risk impacts from the Green River from
major storm events, and will better protect businesses, residents, and roadway
infrastructure in the Kent Valley. The majority of the levee project is funded by the
King County Flood Control District; however, this parcel purchase is being funded
by the City in order to expedite the transaction, as this parcel is not included in the
City’s Interlocal Agreement with the King County Flood District.
The current levee fails to meet federal standards established by FEMA. The
purchase of this property, along with other nearby properties, will be used to
strengthen the levee and assist the City in obtaining FEMA certification of its levee
system.
BUDGET IMPACT: $67,000 from the Drainage Utility fund.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure
ATTACHMENTS:
1. PacMet DRAFT Purchase & Sale Agreement (PDF)
02/11/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
9.E
Packet Pg. 34
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 2/18/2020 7:00 PM
9.E
Packet Pg. 35
Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 1 of 7
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation, authorized by the Kent City Council on February 18, 2020
(“Buyer”), whose mailing address is 220 4th Avenue South, Kent, Washington 98032-
5895, and PACMET PROPERTY LLC, (“Seller”) whose mailing address is 925 5th
Avenue S., Kent, WA 98032, for the sale and purchase of real property as follows:
1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees
to sell, is known as a portion of King County Tax Parcel Number 000660-0102, located
at 959 5th Avenue S., Kent, WA 98032 (the “Property”). The Property is legally
described in Exhibit “A” and depicted in Exhibit “B”, attached hereto and
incorporated herein by this reference.
2. EARNEST MONEY. Within ten working days of mutual acceptance of
this Agreement, Buyer shall deposit with Rainier Title Insurance Company (the
“Escrow Agent”), the sum of Five Thousand Dollars and NO/100ths ($5,000.00) in
the form of a Certified Check, as refundable earnest money to be applied toward the
purchase price of the Property payable at Closing.
3. PURCHASE PRICE. The total purchase price for the Property is Sixty-
Seven Thousand Dollars and NO/100ths ($67,000.00), including Earnest Money,
payable on Closing.
4. CONTINGENCIES. This Agreement is contingent upon the Buyer
authorization set forth in Section 18 of this Agreement. Should any of the
contingencies not be met prior to Closing, then this Agreement shall terminate and
neither Buyer nor Seller shall have any further rights, duties or obligations hereunder,
except that the Earnest Money in Escrow shall be immediately returned to Buyer.
DRAFT
9.E.a
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 2 of 7
5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property
shall be conveyed by Seller to Buyer at Closing by Statutory Warranty Deed, free and
clear of all liens, encumbrances or defects except those described in Schedule B,
paragraph(s) 15 through 23 of Rainier Title Report Number 757846RT, described in
Exhibit “C”, attached hereto and incorporated herein by this reference. All other
special exceptions therein are to be removed on or before Closing. General exclusions
and exceptions common to the area and not materially affecting the value of or
unduly interfering with Buyer’s reasonable use of the Property shall be permitted. All
monetary encumbrances and special exceptions listed in Exhibit “C”, other than
those specifically noted above, are to be removed on or before closing.
6. TITLE INSURANCE. At Closing, Buyer shall cause Rainier Title (Escrow
Agent), to issue standard coverage owner's policy of title insurance to Buyer in an
amount equal to the total purchase price of the Property. For purposes of this
Agreement, the following shall not be deemed encumbrances or defects: rights
reserved in federal patents or state deeds, building or use restrictions consistent
with current zoning and utility and road easements of record. If title cannot be made
so insurable prior to Closing, unless Buyer elects to waive such defects or
encumbrances, this Agreement shall terminate and the Earnest Money shall be
returned to Buyer.
7. CLOSING COSTS AND PRO-RATIONS. The escrow fee, and Excise
Tax, if applicable, shall be paid by Seller, except for those fees which are expressly
limited by Federal Regulation. Buyer shall pay all recording costs, title insurance
premium, the costs of any survey, and the fees and expenses of its consultants.
Taxes for the current year, rents, interest, water, sewer and other utility charges, if
any, shall be paid by Seller, and prorated as of the day of Closing, unless otherwise
agreed.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed within sixty days
of the date of mutual acceptance of this Agreement, which shall also be the
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 3 of 7
termination date of this Agreement, unless said Closing date is extended in writing
by mutual agreement of the parties. When notified, the Buyer and Seller will deposit,
without delay, in escrow with Rainier Title (Escrow Agent), all instruments and
monies required to complete the transaction in accordance with this Agreement.
Closing, for the purpose of this Agreement, is defined as the date that all documents
are executed and the sale proceeds are available for disbursement to the Seller.
9. CASUALTY LOSS. If, prior to Closing, improvements on the Property
shall be destroyed or materially damaged by fire or other casualty, this Agreement,
at option of the Buyer, shall become null and void.
10. POSSESSION. Buyer shall be entitled to possession on Closing.
11. SELLER’S REPRESENTATIONS. Seller represents:
(a) that Seller will maintain the Property in present or better condition until
time of agreed possession;
(b) that Seller has no knowledge of notice from any governmental agency
of any violation of laws relating to the Property except:
(c) that if the Property is leased, Seller will provide copies of each and every
lease to Buyer within one working day upon request.
12. SELLER’S ENVIRONMENTAL REPRESENTATIONS. Seller represents
that, to the best of Seller’s knowledge, Seller is not aware of the existence of, or has
caused or allowed to be caused, any environmental condition (including, without
limitation, a spill, discharge or contamination) that existed as of and/or prior to
Closing or any act of omission occurring prior to Closing, the result of which may
require remedial action pursuant to any federal, state or local law or may be the basis
for the assertion of any third party claims, including claims of governmental entities.
This provision shall survive Closing and be in addition to Seller’s obligation for breach
of a representation or warranty as may be set forth herein.
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 4 of 7
13. SELLER’S INDEMNITIES: Seller agrees to indemnify and hold
harmless the Buyer, against and in respect of, any and all damages, claims, losses,
liabilities, judgments, demands, fees, obligations, assessments, and expenses and
costs, including, without limitation, reasonable legal, accounting, consulting,
engineering and other expenses which may be imposed upon or incurred by Buyer,
or asserted against Buyer, by any other party or parties (including, without limitation,
a governmental entity), arising out of or in connection with any environmental
condition existing as of and/or prior to Closing, including the exposure of any person
to any such environmental condition, regardless of whether such environmental
condition or exposure resulted from activities of Seller or Seller’s predecessors in
interest. This indemnity shall survive Closing and be in addition to Seller’s obligation
for breach of a representation or warranty as may be set forth herein.
14. DEFAULT AND ATTORNEY’S FEES.
(a) Buyer’s Default. If Buyer defaults hereunder, Seller’s sole remedy shall
be limited to damages against Buyer in the liquidated amount of the
Earnest Money previously paid by the Buyer. Buyer and Seller intend
that said amount constitutes liquidated damages and so as to avoid
other costs and expenses to either party in connection with potential
litigation on account of Buyer’s default. Buyer and Seller believe said
amount to be a fair estimate of actual damages.
(b) Seller’s Default. If Seller defaults hereunder, Buyer shall have all the
rights and remedies available at law or in equity.
(c) Attorney’s Fees and Costs. In the event of litigation to enforce any of
the terms or provisions herein, each party shall pay all its own costs and
attorney’s fees.
15. NOTICE TO SELLER. This form contains provisions for an agreement
for the purchase and sale of real estate. Buyer makes no warranty or representation
of any kind that this form, or any of its provisions, is intended to meet the factual
and legal requirements of a particular transaction, or that it accurately reflects the
laws of the State of Washington at the time Seller enters into the Agreement. THIS
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 5 of 7
AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS
ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING
THESE CONSEQUENCES.
16. NON-MERGER. The terms, conditions, and provisions of this
Agreement shall not be deemed merged into the deed, and shall survive the Closing
and continue in full force and effect.
17. NOTICES. All notices required or permitted to be given hereunder shall
be in writing and shall be sent U.S. certified mail, return receipt requested, or by
facsimile transmission addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
City of Kent
Attn: Cheryl Rolcik-Wilcox
Property & Acquisition Analyst
220 Fourth Avenue South
Kent, WA 98032
CRolcik-Wilcox@KentWA.gov
Fax: 253-856-6500
And to:
City of Kent
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
CityClerk@KentWA.gov
Fax: 253-856-6725
(b) All notices to be given to Seller shall be addressed as follows:
PacMet Property LLC
Attn: Derek Fallen
925 5th Avenue S.
Kent, WA 98032
Derek@PacMet.co,
(c) All notices to be given to Escrow Agent shall be addressed as follows:
Jennie Graddon
Rainier Title Insurance Company
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Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 6 of 7
20435 72nd Ave. S., #155
Kent, WA 98032
JennieG@RainierTitle.com
213-216-0240
Either party hereto may, by written notice to the other, designate such other address
for the giving of notices as necessary. All notices shall be deemed given on the day
such notice is personally served, or on the date of the facsimile transmission, or on
the third day following the day such notice is mailed in accordance with this section.
18. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the
closing of the transaction contemplated by this Agreement (the “Closing”) is
expressly conditioned on the City of Kent City Council’s (the “City Council’s”) prior
authorization to buy the Property under this Agreement (“Council Authorization”),
which may or may not be granted in the City Council’s sole discretion. The City of
Kent shall not be liable or obligated for any burden or loss, financial or otherwise,
incurred by Seller as a result of the City Council’s modification of the final terms and
conditions of this Agreement, or the City Council’s failure to grant the Council
Authorization.
18.1 Seller’s Waiver. Seller expressly waives any claim against the
City of Kent and its elected officials, officers, employees, representative and agents
for any burden, expense or loss which Seller incurs as a result of the City Council’s
failure to grant the Council Authorization.
19. ENTIRE AGREEMENT. This Agreement, including all incorporated
exhibits, constitutes the full understanding between Seller and Buyer. There have
been no verbal or other agreements that modify this Agreement.
20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their respective heirs, successors and assigns; and the
terms, conditions and provisions of this Agreement shall survive the Closing of this
transaction.
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Real Estate Purchase and Sale Agreement Page 7 of 7
21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement,
the date of mutual acceptance of this Agreement shall be the last date on which the
parties to this Agreement have executed this Agreement as indicated below.
22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on
_____________________________________, to accept the Agreement as written,
by delivering a signed copy thereof to the Buyer or Buyer’s agent. If Seller does not
so deliver a signed copy within said period, this Agreement shall lapse and all right
of the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date set forth below.
BUYER:
CITY OF KENT
Name: Dana Ralph
Title: Mayor
Dated:
SELLER:
Name:
Title:
Dated:
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EXHIBIT
TAX LOT 0006600102
PARTIAL ACQUISITION
THAT PORTION OF SAMUEL W. RUSSELL DONATION CLAIM NO. 41, IN SECTION 25,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE S.W. RUSSELL DONATION CLAIM
NO. 41 ; THENCE SOUTH 00"1 1'08' EAST 1373.52 FEET TO THE SOUTHWEST CORNER
OF WATERMAN'S ACRE TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 12
OF PLATS, PAGE 11, lN KING COUNTY, WASHINGTON; THENCE NORTH 89"42'56' EAST
795.51 FEET; THENCE SOUTH 00'18'30' EAST 1445.41 FEET TO THE NORTHERLY RIcHT
OF WAY MARGIN OF SOUTH 259rH STREET; THENCE ALONG SAID NORTHERLY RIGHT
OF WAY MARGIN, NORTH 82"55'10'' WEST 20j7 FEET TO THE WESTERLY LINE OF THAT
TRACT OF LAND CONVEYED TO THE CITY OF KENT RECORDED UNDER AUDITOR'S
FILE NUMBER 9208110918, IN KING COUNTY, WASHINGTON BEING THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 82.55,10,
WEST 116.05 FEET TO THE EASTERLY MARGIN OF THE UNION PACIFIC RAILROAD
COMPANY RIGHT OF WAY; THENCE ALONG SAID EASTERLY MARGIN, NORTH 04"40'40
WEST 7 .42 FEET,, THENCE LEAVING SAID EASTERLY MARGIN, SOUTH 82'55'10' EAST
6.71 FEET TO A POINT OF TANGENCY WITH A 133,00 FOOT RADIUS, CIRCULAR CURVE
TO THE LEFT; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 51O05'39', AN ARC DISTANCE OF 118.60 FEET TO THE WEST LINE OF SAID
TRACT OF LAND CONVEYED TO THE CITY OF KENT; THENCE ALONG SAID WESTERLY
LINE SOUTH 00"18'30' EAST 57.21 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,560 SQUARE FEET, MORE OR LESS.
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NW
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CORNER
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L1 - N82'55'10"W -20.17'
L2 - NB2's5'10'W - 1 16.05'
L3 - N04'40',42"W -7.42'
L4 - S82'55'10',E - 6.71,
TAX LOT
0006600102
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2,560 SQ. FT
I
Project #16-3006
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE TO
LOCATE THE LAND INDICATED
HEREON WITH REFERENCE TO
STREETS AND OTHER LAND. NO
LIABILITY IS ASSUMED BY REASON OF
RELIANCE HEREON.
PARTIAL
ACQUISITION
DRAWN BY: TLM
SGALE: 1"=100'
LOCATED IN , SECTION 25,
TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M.
CITY OF KENT
LAND SURVEY SECTION
KENT
DATE: 0711812019
EXHIBIT
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R/AINIERTITLE
File No.: 757846RT
Special Exceptions
The Land is situated within the boundaries of local taxing authority of City of Kent.
CAUTION: Washington has a graduated excise tax rate for sales occurring on or after 11112020
for most properties, although a flat rate applies to properties formally classified and specially
valued as timberland or agricultural land on the day of closing.
The rate of real estate excise tax applicable to a sale prior to 11112020, is 1.78o/o.
The rate of real estate excise tax to a sale on or after 11112020 for properties which are not
formally classified and specially valued as timberland or agricultural land is:
State portion 1 .10o/o on any portion of the sales price of $500,000 or less;
1.28% on any portion of the sales price above $500,000, up to $1,500,000;
2.75o/o on any portion of the sales price above $1,500,000, up to $3,000,000;
3.00% on any portion of the sales price above $3,000,000;
Local portion: 0.50% on the entire sales price.
An additional $5.00 State Technology Fee must be included in all excise tax payments. lf the
transaction is exempt, an additional $5.00 Affidavit Processing Fee is required.
Any conveyance document must be accompanied by the official Washington State Excise Tax
Affidavit. The applicable excise tax must be paid and the affidavit approved at the time of the
recording of the conveyance documents. (NOTE: Real Estate Excise Tax Affidavits must be
printed as legal size forms).
General taxes and related charges for the year 2020 are not available from the County at this time
and are not yet payable.
TaxAccount No.: 000660-0102-08
Levy code: '1526
General taxes and charges for the year 2019, which have been paidAmount: $24,925.30
TaxAccount No.: 000660-0102-08
Levy code: 1526
Assessed value of land: $1,048,400.00
Assessed value
of improvements: $958,000.00
Based on the Treasurer's records, the name and address of the last taxpayer/owner is
Allan Family LLC
2636 Quarterhorse Way
Richland, WA 99352
4.The legal description in this commitment is based upon information provided with the application
for title insurance and the public records as defined in the policy to issue. The parties to the
forthcoming transaction must notifu the title insurance company, prior to closing, if the description
does not conform to their expectations.
This page is onty a pafi of a 2Ot A ALTA@ Cormitment for Title lnsurance. This Commitment is not vatid without the Notice; the Commitment to tssue Poticy; the Commitment
Conditions; Schedule A; Schedule B, Part l-Requirements; and Schedule B, Paft ll- Exceptions; and a counter-signature by the Company or its issuing agent that nay be
in electronicform.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereofl is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license fom the American Land Title Association.
Page 9 of 18
ALTA GOMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
ISSUED BY RAINIER TITLE AGENT FOR
COMMONWEALTH LAND TITLE INSURANCE COMPANY
1
2.
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5.Liability, if any, for personal property taxes pursuant to R.C.W. 84.56.070 wherein no conveyance
can be made without prepayment of said tax, including advanced tax.
Any question should be directed to the Personal Property Tax Department of the County wherein
the property is located.
6.Unrecorded leaseholds, if any; rights of vendors and holders of security interest on personal
property installed upon the land; and rights of tenants to remove trade fixtures at the expiration of
the term.
PLEASE FULLY COMPLETE AND RETURN THE ATTACHED AFFIDAVIT TO THE COMPANY
FOR REVIEW PRIOR TO CLOSING.
Matters affecting security interests in personal property which may be disclosed by a search of the
Uniform Commercial Code (UCC) records at the Washington State Department of Licensing in
Olympia.
We are informed that PacMet Property LLC, is a limited liability company (LLC). A copy of the
duplicate original of the filed LLC Certificate of Formation, the LLC agreement and all subsequent
modifications or amendments must be submitted to the Company for review.
Any conveyance or mortgage by PacMet Property LLC, a limited liability company (LLC), must be
executed by all the members, or evidence submitted that certain designated members or
managers have been authorized to act for the limited liability company.
10 Deed of Trust and the terms and conditions thereof:Grantor: Allen Family LLC, a Washington limited liability companyTrustee: First American Title lnsurance CompanyBeneficiary: PacMet Property LLC, a Washington limited liability companyOriginalamount: $5,350,000.00Dated: December 27,2020Recorded: December 30,2020
Recording No.: 20191230000064
lncludes other property
11 Deed of Trust and the terms and conditions thereof:Grantor: The Allen Family LLC, a Washington limited liability companyTrustee: First American Title lnsurance CompanyBeneficiary: PacMet Property LLC, a Washington limited liability companyOriginalamount: $5,350,000.00Dated: December 27,2020Recorded: December 30,2020
Recording No.: 20191230000905
lncludes other property
This page is only a paft of a 2o1a AtfA@ Co^mitment for Title lnsurance. This Commitment is not vatid without the Notice; the Commitment to lssue Poticy; the Commitment
Conditions; Schedule A; Schedule B, Part l-Requirements; and Schedule B, Part ll- Exceptions; and a counter-signature by the Company or its issuing agent that may be
in electronic form.
Copyright 2006-2016 American Land Title A$ociation. All rights reserved.
The use of this Form (or any derivative thereoO is restricted to ALTA licensees and
ALTA members in good slanding as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 10 of 18
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12. We find no pertinent matters of record against the name(s) of the vested owners.
13. The following conveyances were recorded within the last 36 months:
Statutory Warranty Deed recorded under Recording No. 201 91 230000063:
Statutory Warranty Deed recorded under Recording No. 20191230000904:
Quit Claim Deed recorded under Recording No. 20200108000855, being a re-record of
20040223001298;
NOTE: The Recording No. of the Deed underwhich title is held is:20191230000904.
14. The names of the proposed insured were not furnished in the application for title insurance, and
when disclosed, the commitment will be subject to such matters as may be found by a search of
the records against said names.
The Company reserves the right to add additional items or make further requirements after review
of the requested documentation.
15. Agreement and the terms and conditions thereof:Recorded: June 1, 1915
Recording No.: '100031 1Regarding: Railway Companies shallconstruct and maintain an
undergrade private cattle pass upon the premises immediately Easterly of
and contiguous to the present public road crossing to extend entirely across
the 100 foot wide railroad right of way
16. Easement and the terms and conditions thereof:Grantee: Puget Sound Power & Light CompanyPurpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises
Recorded: November3,1966
Recording No.: 6102607
17. Easement and the terms and conditions thereof:Grantee: City of Kent, a municipal corporationPurpose: Sanitary sewer and water lines
Area affected: a portion of said premises
Recorded: March 2,1967
Recording No.: 6145'100
18. Easement and the terms and conditions thereof:Grantee: City of Kent, a municipal corporationPurpose: lngress, egress and utilities
Area affected: a portion of said premises
Recorded: February 16, 1989
Recording No.: 8902160057
19. Local lmprovement DistricVUtility Local lmprovement District Covenant and the terms and
conditions thereof:Recorded: March 1, 1989
Recording No.: 8903010123Regarding: Owner agrees not to protest the formation of an L.l.D. or
U.L.l.D. to finance storm drainage improvements
This page is only a paft of a 2016 ALTA@ Commitment for Titte lnsurance. This Commitment is not vatid without the Notice; the Commitment to Issue Policy; the Commitment
Conditions; Schedule A; Schedule B, Paft l-Requirements; and Schedule B, Paft tl- Exceptions; and a counter-signature by the Company or its issuing agent that may be
in electronic form.
Copydght 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is reshicted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Tille Association.
Page 1{ of 18
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20. Easement and the terms and conditions thereof:Grantee: City of Kent, a municipal corporationPurpose: Sidewalk, utilities and street lighting
Area affected: a portion of said premisesRecorded: August 11,1992
Recording No.: 9208110921
21 Signal Participation Covenant Partnership and the terms and conditions thereof:Recorded: August 11,1992
Recording No.: 9208110922
22. Easement and the terms and conditions thereof:Grantee: Puget Sound Power & Light CompanyPurpose: Electric transmission and/or distribution line(s)
Area affected: a portion of said premises and includes other propertyRecorded: May 4, 1993
Recording No.: 9305041135
23. Easement and the terms and conditions thereof:
Established in Cause No.: 3:11-cv-05274-RBL
Purpose:Telecommunications cable system
Area affected:a portion of said premises and affects other propertyRecorded: November 15,2013
Recording No.: 20131115001267
End of Special Exceptions
This page is onty a pafi of a 2o1a ALTA@ Co^mitment for Title lnsunnce. This Commitment is not vatid without the Nolice; the Commitment to lssue Policy; the Commitnent
Conditions; Schedule A; Schedule B, Paft l-Requirements; and Schedute B, Paft tt- Exceptions; and a counter-signature by the Company or its issuing agent that may be
in electronic form.
Copyright 2006-2016 American Land Title Association. Atl rights reserved.
The use of this Form (or any derivative thereof) is restricled to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license ftom the American Land Tifle Association.
Page 12 of 18
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DATE: February 18, 2020
TO: Kent City Council
SUBJECT: Signature Pointe Levee Interlocal Agreement for Real
Estate Appraisals and Preliminary Designs - Authorize
MOTION: Authorize the Mayor to sign an Interlocal Agreement between the
City and the King County Flood Control District to reimburse the City for
real estate appraisals and preliminary designs for the Signature Pointe
Levee Project, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: The Signature Pointe Levee Project is located on the right bank of the
Green River between Washington Avenue South and the west end of the Riverbend
Golf Course Complex Driving Range. The levee does not meet 100-year FEMA
Accreditation standards for flood protection and needs to be repaired. The proposed
Project will repair the levee and increase its flood protection level to a 500-year
design standard.
This Interlocal Agreement between the City of Kent and the King County Flood
Control District includes provisions for the City to complete real estate appraisals,
review appraisals, title research, and other required real estate activities. The
Agreement also includes provisions for the City to complete preliminary designs,
perform field reconnaissance, topographic survey, environmental reports and
documentation, geotechnical, structural and hydraulic engineering, and other
required technical studies.
Two previous ILAs were executed for the Signature Pointe Levee Project. The first
ILA was executed in May 2018 for a levee alternatives analysis, the other was
executed in June 2019 for property acquisition. In the future, a separate Interlocal
Agreement will be needed for additional property acquisition, final design, and
construction of the levee.
Completion of the Signature Pointe Levee Project will enable the City to reduce
flood risk to the Signature Pointe Apartments and other surrounding areas, and will
allow the City to work with FEMA to accredit the levee and remove areas from
FEMA’s flood maps. The District will reimburse the City for expenses related to the
above work as described the Agreement.
BUDGET IMPACT: This Interlocal Agreement will provide $1,445,000 to the project
9.F
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budget. Expenses will be reimbursed by the King County Flood Control District.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. Signature Pointe Levee - Real Estate Appraisals and Preliminary Designs
(PDF)
02/11/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 2/18/2020 7:00 PM
9.F
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Page 1 of 8
AGREEMENT REGARDING
REAL ESTATE APPRAISALS AND PRELIMINARY DESIGNS
Signature Pointe Levee Improvement Project
River Mile 21.7 to 23.2, Right Bank
THIS AGREEMENT is made and entered into on the last date signed below, by and between
the CITY OF KENT, a municipal corporation of the State of Washington (“City”), and KING
COUNTY FLOOD CONTROL DISTRICT, a quasi-municipal corporation of the State of
Washington (“District”) (collectively, the "Parties").
RECITALS
A. The Signature Pointe Levee (“Levee”) is a key part of the Green River levee
system. The District desires to improve the Levee to provide improved flood protection and
scour protection, enable certification and FEMA accreditation, and secure necessary land rights
for river bank protection and other flood related works (the Levee improvement will hereafter
be referred to as the “Project”). The area of the Project is the right bank of the Green River
from River Mile 21.7 to 23.2.
B. King County, Washington, through its Water and Land Resources Divisoin of
the Department of Natural Resources and Parks, as service provider to the District pursuant to
an interlocal agreement, manages, operates, and maintains a major portion of the Green River
levee system.
C. The District has included the Project on its 2020-2025 Six Year CIP Projects
Allocations List, and budgeted $1,445,000 in its 2020 Capital Budget for real estate
appraisals and preliminary designs. The District has also forecasted on its 2020-2025 Six
Year CIP Projects Allocations List, $26,777,500 in 2021 and $26,777,500 in 2022 for the
Project to acquire all necessary real estate, complete the designs, obtain all permits, and to
construct and complete the Project. The Parties desire to construct the Project as soon as
possible, with an optimistic goal of commencing construction in the year 2021. However,
before construction can commence, the necessary real estate acquisition and design must be
completed.
D. At the District's request and on its behalf, the City has agreed to complete
real estate appraisals and prepare preliminary designs. The real estate appraisals process may
include without limitation; appraisals, review appraisals, title research, and other required real
estate activities with the goal of pursuing fee title, permanent restrictive easements, or
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temporary construction easements as the Parties may agree are necessary for the Project. The
City will also complete analysis of potential impacts and damages to properties along the levee
alignment, from the Riverbend Golf Complex to Washington Avenue. The real estate
appraisals and damage analysis completed under this Agreement will not include the Ostrovsky
and Dejbod parcels (APN 5436200851 and 5436200841), which the City is acquiring at its own
costs. Preparation of preliminary designs may include without limitation; development of
plans, field reconnaissance, topographic survey, environmental reports and documentation,
geotechnical, structural and hydraulic engineering, and other technical studies the Parties may
agree are necessary for the Project. The Parties goals are to complete the real estate appraisals
and preliminary designs as soon as practicable and within the year 2020.
AGREEMENT
1. Incorporation of Recitals: All recitals above are hereby incorporated in and
ratified as part of this Agreement. The District Executive Director or designee shall have all
discretion and right to perform the functions of the District in this Agreement, unless otherwise
provided in this Agreement.
2. Term-Effective Date:
a. This Agreement will be effective when the second party signs.
b. The term of this agreement shall run and shall remain in effect until all terms of
this Agreement are completed or four (4) years from the effective date of this Agreement,
whichever occurs first.
3. Project Description and Specifications
a. The project is a replacement of the existing levee and revetment on the right
bank of the Green River from River Mile 21.7 to·23.2 (which extends from the west end of the
Riverbend Golf Complex Driving Range to the Washington Ave South bridge), commonly
referred to as the Signature Pointe Levee Project (“Project”). The Project is described briefly
and depicted in the Alternative Analysis study commissioned by the District, prepared by the
City and presented to the District Executive Committee at its meeting on August 26, 2019.
b. The height of the existing levee will be increased to achieve the Lower Green
River System-Wide Improvement Framework's provisional flood protection goal of 0.2%
annual chance (500-year) or 18,800 cfs (as measured at Auburn USGS gage), plus a minimum
of three (3) feet of freeboard.
4. Project Responsibility and General Requirements
a. The City will prepare appraisal reports and complete analyses of property
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impacts and damages, and preliminary designs, in accordance with all applicable laws,
regulations, standards and guidelines, including without limitation the following:
i. District resolutions and policies;
ii. Landscape architecture and engineering design standards and guidance;
iii. Terms and conditions of agreements that relate to the real property on
which the Project will be constructed;
iv. U.S. Army Corps of Engineers and FEMA design guidance and
standards regarding structural design of flood protections system
(levees and floodwalls); and
v. Project plans and specifications.
b. In designing the project, the Levee shall meet the following minimum Factors of
Safety (FS) for potential slope failure mechanisms when determined by the methodologies
described in USACE Publications EM 1110-2-1902 and EM 1110-2-1913, as follows:
End of Construction FS=1.3
Steady State at full stage FS=1.2
Steady state at intermediate stage FS=1.2
Seepage and Heaving: FS=1.2
Rapid Drawdown from full stage: FS=1.4
Seismic: FS=1.0
c. The preliminary designs shall include 30% plans, specifications and cost
estimates. The City agrees to maintain documentation of all planning, design, construction and
inspection of the Project sufficient to meet state audit standards for a capital project, recognizing
that the costs of the Project are paid for in whole or in part by the City and the District. The City
agrees to maintain any additional documentation that is reasonably requested by the District. City
contracts and internal documents shall be made available to the District for review and/or
independent audit upon request. The designs shall include all flood protection facilities and
other environmental or recreation required by the project or requested by the District.
5. District Review of Project Plans and Specifications. The City shall provide to the
District a schedule of the events and actions the City believes are material and significant for
9.F.a
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design and bidding of the Project, including 30% PS&E, 60% PS&E, 90% PS&E, 100% or final
PS&E and the invitation to bid. The City shall submit the preliminary phase of PS&E to the
District and allowed the District at least 30 days to review and comment on that phase of PS&E.
If the District fails to comment within this 30-day time period, that failure shall be interpreted as
the District’s approval of the PS&E. The District may request more time for review or to ask
questions. The City will incorporate all changes requested by the District or provide reasons for
not incorporating those changes.
6. Reimbursement of City Expenditures – General:
a. As provided for in this Agreement, the District will reimburse the City
all costs and expenses incurred by the City to prepare real estate appraisals and preliminary
designs ("City Costs") The maximum reimbursement for City costs currently authorized
through this Agreement is $1,445,000. However, the parties understand that the market rate
for Real Property is in a constant state of flux and appraisals have a limited useful life.
Therefore, the parties agree and understand that this maximum reimbursement amount may be
insufficient to prepare real estate appraisals and to complete preliminary designs, consequently,
to fully reimburse the City for its actual costs incurred, in the event it appears this budget
amount will be insufficient to complete the work authorized under this Agreement, the parties
agree to negotiate in good faith to amend the Project budget or redefine the Project as the
parties mutually agree is necessary. In such an event, the City's Mayor and the District's
Executive Director are authorized to execute an amendment to this Agreement to amend the
Project budget or redefine the Project up to an additional amount of $100,000. Any
increases beyond this amount will require an amendment to this Agreement and may require
additional approval of the Kent City Council and the King County Flood Control District's
Board of Supervisors.
b. Reimbursement requests for City Costs incurred in accordance with
this Agreement may be submitted by the City on a no more frequent basis than once a month.
The request shall be in a form and shall contain information and data as required by the
District. Upon receipt of a request for reimbursement, the District may request the City to
provide a status or progress report concerning all acquisitions of Real Property that are not
the subject of the request. The District may delay payment until receipt of this report.
c. The District shall review the requests to confirm that they are
reimbursable and payable under this Agreement. The District shall endeavor to complete such
review and pay the reimbursement within forty-five (45) days of receipt of a request.
d. The District may postpone review of a City request for
reimbursement where all or any part of the request is inaccurate or incomplete. The District
shall notify the City of any inaccuracies or incompleteness within thirty (30) days of receipt of
the request. The City shall provide all additional information or data within thirty (30) days of
9.F.a
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the District's request for such additional information or data. If the request is still inaccurate
or incomplete in the reasonable opinion of the District, the dispute shall be resolved in
accordance with Section 10 of this Agreement. After resolution of the dispute, the District
shall provide reimbursement as provided in this Section.
e. The District may also postpone payment of any portion of a request
for reimbursement where the City is delinquent in the submittal, preparation, or completion of
any document, work, or services required by this Agreement and related to the Real Property
that is the subject of the request for reimbursement.
f. This section pertains to information the City may need to submit to the
District with its reimbursement request for processing. However, nothing in this Section shall
be interpreted as releasing the District from any obligation to pay the actual costs or expenses
incurred by the City in appraising the Real Property or preparing preliminary designs
when that cost or expense was approved by the District or as otherwise authorized by this
Agreement.
7. Third Parties: This Agreement and any activities authorized hereunder shall not
be construed as granting any rights or privileges to any third person or entity, or as a guarantee
or warranty of protection from flooding or flood damage to any person , entity or property,
and nothing contained herein shall be construed as waiving any immunity to liability to the
City, the District or King County, granted under state statute, including Chapters 86.12 and
86.15 RCW, or as otherwise granted or provided for by law.
8. Liens and Encumbrances: The City acknowledges and agrees that it will not
cause or allow any lien or encumbrance arising from or related to this Agreement to be placed
upon the real property interests of King County or the District. If such lien or encumbrance is
so placed, King County or the District shall have the right to remove such lien and charge the
costs of such removal to the City. If there are pre-existing encumbrances which are required to
be removed by the City in order to construct the Project, the costs will be reimbursable by
the District as described in this Agreement.
9. Indemnification. To the maximum extent permitted by law, each Party shall
defend, indemnify and hold harmless the other Party, and all of its officials, employees,
principals and agents, from any and all claims, demands, suits, actions, fines, penalties and
liability of any kind, including injuries to persons or damages to property , arising out of or
relating to any negligent acts, errors or omissions of the indemnifying Party and its contractors,
agents, employees and representatives in performing these obligations under this Agreement,
unless such damages and injuries to persons or property are caused by or result from the sole
negligence or willful misconduct of the District or its contractors, employees, agents, or
representatives, or the City or its contractor or employees, agents, or representatives. Each
Party's obligation hereunder applies only to the extent of the negligence of such Party or its
9.F.a
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contractor or employees, agents, or representatives. This indemnification provision shall not be
construed as waiving any immunity granted to the City, the District, or King County, under state
statute, including chapters 86.12 and 86.15 RCW, as to any other entity.
The foregoing indemnity is specifically and expressly intended to constitute a waiver
of each Party's immunity under industrial insurance, Title 51 RCW, as respects the other
Party only, and only to the extent necessary to provide the indemnified Party with a full and
complete indemnity of claims made by the indemnitor's employees. This waiver has been
mutually negotiated.
10. Insurance: Each Party recognizes that the other is self-insured and accepts
such coverage for liability arising under this Agreement. Should any Party choose not to self-
insure, that Party shall maintain and keep in full force and effect a policy of general liability
insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with
an additional excess liability policy of not less than Ten Million Dollars ($10,000,000)
and will provide the other Party with a certificate of insurance and additional insured
endorsement that will name the other Party as an additional insured.
11. Dispute Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. For disputes involving cost reimbursements or payments, as provided for in
Section 3 above, submittal of all relevant information and data to an independent Certified
Public Accountant or a Construction Claims Consultant, if agreed upon by the Parties, for a
non-binding opinion as to the responsibility.
b. If the foregoing does not result in resolution and for all other disputes, the
Parties may mutually select any informal means of resolution and ultimately seek resolution
within the Superior Court for King County, Washington.
c. Each Party will be responsible for its own costs and attorney's fees in
connection with the dispute resolution provisions of this Section.
12. Entire Agreement: Amendment. This Agreement represents a full recitation of
the rights and responsibilities of the Parties and may be modified only in writing and upon
the consent of both Parties.
13. Binding Nature. The rights and responsibilities contained in this Agreement
shall inure to the benefit of and are binding upon the Parties and their respective successors
in interest and assigns.
9.F.a
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14. Notices, Communications and Documents. Unless applicable law requires a
different method of giving notice, any and all notices, demands or other communications
required or desired to be given hereunder by either Party (collectively, "notices") shall be
in writing and shall be validly given or made to the other Party if delivered either
personally or by Federal Express or other overnight delivery service of recognized standing,
or if deposited in the United States Mail, certified, registered, or express mail with postage
prepaid, or if sent by electronic mail. If such notice is personally delivered, it shall be
conclusively deemed given at the time of such delivery. If such notice is delivered by
Federal Express or other overnight delivery service of recognized standing, it shall be
deemed given one (1) business day after the deposit thereof with such delivery service. If
such notice is mailed as provided herein, such shall be deemed given three (3) business
days after the deposit thereof in the United States Mail. If such notice is sent by electronic
mail, it shall be deemed given at the time of the sender's transmission of the electronic mail
communication, unless the sender receives a response that the electronic mail message was
undeliverable. Each such notice shall be deemed given only if properly addressed to the
Party to whom such notice is to be given as follows:
To City: Tim LaPorte, Public Works
Director
220 Fourth Avenue South
Kent, WA 98032
Phone: (253)856-5500
Email: tlaporte@KentWA.gov
To District: Michelle Clark, Executive Director
516 Third Avenue, Room 1200, W-1201
Seattle, WA 98104
Phone: (206) 477-2985
Email: michelle.clark@kingcounty.gov
Either Party may change its address for the purpose of receiving notices as herein provided
by a written notice given in the manner aforesaid to the other Party.
15. Severability. If any provisions of this Agreement or its application are held
invalid, the remainder shall not be affected.
16. Authority. The undersigned warrant that they have the authority duly
granted by their respective legislative bodies to make and execute this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement, which shall
become effective on the last date signed below.
9.F.a
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Page 8 of 8
CITY OF KENT
By: ____________________________
Dana Ralph
Its: Mayor
DATE:_________________________________
APPROVED AS TO FORM:
By: ___________________________________
City Attorney
KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By: ___________________________________
Reagan Dunn
Its: Board Chair
DATE:_________________________________
APPROVED AS TO FORM:
By: ___________________________________
District Attorney
9.F.a
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DATE: February 18, 2020
TO: Kent City Council
SUBJECT: Consolidating Budget Adjustment Ordinance for
Adjustments between December 1, 2019 and December 31,
2019 - Adopt
MOTION: Adopt Ordinance No. 4354, approving the consolidating budget
adjustment ordinance for adjustments made between December 1, 2019
and December 31, 2019, reflecting an overall budget increase of $106,010.
SUMMARY: This ordinance authorizes the technical gross budget adjustments
reflecting an overall budget increase of $106,010.
Adjustments totaling $106,010 have previously been approved by Council and are
summarized as follows:
• $106,010 to establish the budget for a Commute Trip Reduction grant received
from the Washington State Department of Transportation.
• $520,000 increase to Parks capital offset by a $520,000 decrease to Water
Utility capital for the transfer of the former Kronisch property from Parks to
Public Work’s water utility for the new West Hill Reservoir.
BUDGET IMPACT: These expenditures are funded by grants, existing fund balance
or other new revenues.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government, Sustainable Services
ATTACHMENTS:
1. Budget Adjustment Ordinance (PDF)
02/11/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 2/18/2020 7:00 PM
9.G
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1 2019-2020 Budget Adjustment
December 1, 2019 to December 31, 2019
ORDINANCE NO. 4354
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the
consolidating budget adjustments made between
December 1, 2019 and December 31, 2019,
reflecting an overall budget increase of $106,010.
RECITALS
A. Expenditures as classified in the final, adopted budget
constitute the city’s appropriations for that year. After adoption, there are
a variety of events that will precipitate the need to amend the adopted
budget, such as grant awards, bonds issuance, collective bargaining
agreements and additional budget requests coming through Council
committees. These modifications are periodically consolidated into a
supplemental budget adjustment ordinance amending the original adopted
budget.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Budget Adjustments. The 2019-2020 biennial
budget is amended to include budget fund adjustments from December 1,
2019 to December 31, 2019, as summarized and set forth in Exhibit A,
which is attached and incorporated into this ordinance. Except as
9.G.a
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2 2019-2020 Budget Adjustment
December 1, 2019 to December 31, 2019
amended by this ordinance, all terms and provisions of the 2019-2020
biennial budget Ordinance No. 4296, as amended by Ordinance Nos. 4324
4330, 4343, 4344, and 4351 shall remain unchanged.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force five days after publication, as provided by law.
February 18, 2020
DANA RALPH, MAYOR Date Approved
ATTEST:
February 18, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
February 21, 2020
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
9.G.a
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Fund Title Previously
Approved
Approval
Requested
Total
Adjustment
Ordinance
Street Fund 106,010 - 106,010
Parks Capital Projects 520,000 - 520,000
Water Utility Fund (520,000) - (520,000)
Total 106,010 - 106,010
Exhibit A
City of Kent
Budget Adjustment Ordinance
Adjustments from December 1, 2019 to December 31, 2019
9.G.a
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Approval
Date or
Other Fund
Previously
Approved by
Council
Not Previously
Approved by
Council
Total
Adjustment
Ordinance
Street Fund
Establish Commute Trip Reduction Grant 11/19/2019 106,010 106,010
Total General Fund 106,010 - 106,010
Parks Capital Projects
Establish budget to spend funds received from the
transfer of former "Kronisch Property" 11/19/2019 520,000 520,000
Total Parks Capital Projects 520,000 - 520,000
Water Utility Fund
Reduction of expenses to transfer funds to Parks for
the transfer of former "Kronisch Property"11/19/2019 (520,000) (520,000)
Total Water Utility Fund (520,000) - (520,000)
Grand Total All Funds 106,010 - 106,010
Budget Adjustment Detail for Budget Changes
December 1, 2019 to December 31, 2019
9.G.a
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9
DATE: February 18, 2020
TO: Kent City Council
SUBJECT: 125,000-Gallon Reservoir Recoating and Fall Protection
Improvements - Award
MOTION: Award the 125,000-Gallon Reservoir Recoating and Fall
Protection Improvements Project Bid to HCI Industrial & Marine Coatings,
Inc. in the amount of $1,358,412 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 removal of mill scale, interior and exterior
preparation and recoating, platform and ladder improvements, and other work in
accordance with the contract plans, Kent Special Provisions and WSDOT Standard
Specifications.
The bid opening for the 125,000-gallon Reservoir Recoating and Fall Protection
Improvements Project was held on February 11, 2020 with four bids received. The
lowest responsible and responsive bid was submitted by HCI Industrial & Marine
Coatings, Inc. in the amount of $1,358,412.
Bid Tab Summary
01. HCI Industrial & Marine Coatings, Inc. $1,358,412.00
02. T Bailey Inc. $1,362,707.50
03. Long Painting Company $1,397,308.00
04. Viking Painting $1,587,850.00
Engineer's Estimate $1,470,700.00
BUDGET IMPACT: This project is funded through previously budgeted water utility
funds.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure
ATTACHMENTS:
1. 125K Reservoir Recoating Rebid Bid Tab (PDF)
11.A
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125K Reservoir Recoating and Fall
Protection Improvements - REBID
Bid Opening: February 11, 2020, 11:00 AM HCI Industrial & Marine Coatings, Inc. T Bailey Inc. Long Painting Company Viking Painting
4612 NE Minnehaha St. 9628 S. Marchs Point Rd. 21414 68th Ave. S. 1833 S. 107th St.
Disclaimer: These preliminary bid results are provided as a convenience to Vancouver, WA 98661 Anacortes, WA 98221 Kent, WA 98032 Omaha, NE 68124
TOTAL $1,358,412.00 $1,362,707.50 $1,397,308.00 $1,587,850.00
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1000 Minor Changes 1 CALC 25,000.00 $25,000.00 25,000.00 $25,000.00 25,000.00 $25,000.00 25,000.00 $25,000.00
1005 Inlet Protection 3 EA 1,000.00 $3,000.00 325.00 $975.00 100.00 $300.00 2,500.00 $7,500.00
1010 Temporary Erosion/Water Pollution Control 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00
1015 SPCC Plan 1 LS 1,000.00 $1,000.00 20,000.00 $20,000.00 2,500.00 $2,500.00 7,500.00 $7,500.00
1020 Project Sign 1 EA 2,500.00 $2,500.00 1,500.00 $1,500.00 1,000.00 $1,000.00 2,500.00 $2,500.00
1025 Mobilization and Demobilization 1 LS 25,000.00 $25,000.00 60,000.00 $60,000.00 121,290.00 $121,290.00 25,000.00 $25,000.00
1030 Structural Modification 1 LS 44,000.00 $44,000.00 68,100.00 $68,100.00 51,760.00 $51,760.00 250,000.00 $250,000.00
1035 Safety Modifications 1 LS 110,000.00 $110,000.00 182,250.00 $182,250.00 126,540.00 $126,540.00 100,000.00 $100,000.00
1040 Appurtenances 1 LS 200,000.00 $200,000.00 210,000.00 $210,000.00 255,630.00 $255,630.00 75,000.00 $75,000.00
1045 Removal of Mill Scale 14,000 SF 2.00 $28,000.00 1.50 $21,000.00 1.50 $21,000.00 1.50 $21,000.00
1050 Reservoir Exterior Preparation and Recoating 1 LS 313,000.00 $313,000.00 175,000.00 $175,000.00 226,020.00 $226,020.00 150,000.00 $150,000.00
1055 Reservoir Interior Preparation and Recoating 1 LS 200,000.00 $200,000.00 110,000.00 $110,000.00 145,300.00 $145,300.00 75,000.00 $75,000.00
1060 Reservoir Containment 1 LS 160,000.00 $160,000.00 225,000.00 $225,000.00 173,200.00 $173,200.00 500,000.00 $500,000.00
1065 Electrical, Telemetry, and Instrumentation 1 LS 113,420.00 $113,420.00 125,000.00 $125,000.00 108,810.00 $108,810.00 150,000.00 $150,000.00
1070 Site Restoration 1 LS 5,000.00 $5,000.00 10,000.00 $10,000.00 6,930.00 $6,930.00 50,000.00 $50,000.00
SUB TOTAL $1,234,920.00 $1,238,825.00 $1,270,280.00 $1,443,500.00
10% SALES TAX $123,492.00 $123,882.50 $127,028.00 $144,350.00
CONSTRUCTION CONTRACT TOTAL $1,358,412.00 $1,362,707.50 $1,397,308.00 $1,587,850.00
12 4
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
3
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125K Reservoir Recoating and Fall
Protection Improvements - REBID
Bid Opening: February 11, 2020, 11:00 AM
Disclaimer: These preliminary bid results are provided as a convenience to
TOTAL
ITEM DESCRIPTION QTY UNIT
NO.
1000 Minor Changes 1 CALC
1005 Inlet Protection 3 EA
1010 Temporary Erosion/Water Pollution Control 1 FA
1015 SPCC Plan 1 LS
1020 Project Sign 1 EA
1025 Mobilization and Demobilization 1 LS
1030 Structural Modification 1 LS
1035 Safety Modifications 1 LS
1040 Appurtenances 1 LS
1045 Removal of Mill Scale 14,000 SF
1050 Reservoir Exterior Preparation and Recoating 1 LS
1055 Reservoir Interior Preparation and Recoating 1 LS
1060 Reservoir Containment 1 LS
1065 Electrical, Telemetry, and Instrumentation 1 LS
1070 Site Restoration 1 LS
SUB TOTAL
10% SALES TAX
CONSTRUCTION CONTRACT TOTAL
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
Engineer's Estimate
Gray & Osborne, Inc.
$1,470,700.00
UNIT TOTAL
PRICE AMOUNT
25,000.00 $25,000.00
1,000.00 $3,000.00
5,000.00 $5,000.00
8,000.00 $8,000.00
2,000.00 $2,000.00
100,000.00 $100,000.00
140,000.00 $140,000.00
150,000.00 $150,000.00
90,000.00 $90,000.00
3.00 $42,000.00
225,000.00 $225,000.00
125,000.00 $125,000.00
260,000.00 $260,000.00
150,000.00 $150,000.00
12,000.00 $12,000.00
$1,337,000.00
$133,700.00
$1,470,700.00
11.A.a
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DATE: February 18, 2020
TO: Kent City Council
SUBJECT: 2020 Paint Line Striping and Raised Pavement Markings
Replacement Project Bid - Award
MOTION: Award the 2020 Paint Line Striping and Raised Pavement
Markings Replacement Project Bid to Stripe Rite Inc. in the amount of
$285,060 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 includes new paint striping where existing lane markings
have worn out, and installing replacement raised pavement markings on various
streets, all in accordance with Kent Special Provisions, and WSDOT Standard
Specifications.
The bid opening for the 2020 Paint Line Striping and Raised Pavement M arkings
Replacement Project was held on February 11, 2020 with three bids received. The
lowest responsible and responsive bid was submitted by Stripe Rite Inc. in the
amount of $285,060.
Bid Tab Summary
01. Stripe Rite Inc. $285,060
02. Apply-A-Line LLC $289,290
03. Specialized Pavement Marking, Inc. $316,785
Engineer's Estimate $266,880
BUDGET IMPACT:
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure
ATTACHMENTS:
1. Paint Line Striping & RPM Repl Bid Tab (PDF)
11.B
Packet Pg. 67
2020 Paint Line Striping and RPM
Replacement
Bid Opening: February 11, 2020, 10:00 AM Stripe Rite Inc. Apply-A-Line LLC Specialized Pavement Marking, Inc. Engineer's Estimate
1813 137th Ave. E. 175 Roy Rd. SW Building C 11095 SW Industrial Way, Suite A Gursimran Singh
Disclaimer: These preliminary bid results are provided as a convenience to Sumner, WA 98390 Pacific, WA 98047 Tualatin, OR 97062
TOTAL $285,060.00 $289,290.00 $316,785.00 $266,880.00
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1000 Mobilization 1 LS 4,500.00 $4,500.00 10,000.00 $10,000.00 12,000.00 $12,000.00 10,000.00 $10,000.00
1005 Painted Double Solid Line 440,000 LF 0.14 $61,600.00 0.15 $66,000.00 0.15 $66,000.00 0.15 $66,000.00
1010 Painted Single Solid Line 640,000 LF 0.11 $70,400.00 0.12 $76,800.00 0.12 $76,800.00 0.11 $70,400.00
1015 Painted Skip Lane Line 144,000 LF 0.08 $11,520.00 0.05 $7,200.00 0.07 $10,080.00 0.08 $11,520.00
1020 Painted Dotted Line 16,000 LF 0.15 $2,400.00 0.12 $1,920.00 0.15 $2,400.00 0.22 $3,520.00
1025 Painted TWLTL Line 148,000 LF 0.15 $22,200.00 0.12 $17,760.00 0.12 $17,760.00 0.12 $17,760.00
1030 Painted Wide Lane Line 32,000 LF 0.25 $8,000.00 0.16 $5,120.00 0.20 $6,400.00 0.16 $5,120.00
1035 Painted Bike Lane Line 154,000 LF 0.15 $23,100.00 0.16 $24,640.00 0.18 $27,720.00 0.14 $21,560.00
1040 Raised Pavement Marker Type 1 80 HUND 300.00 $24,000.00 250.00 $20,000.00 250.00 $20,000.00 325.00 $26,000.00
1045 Raised Pavement Marker Type 2 60 HUND 444.00 $26,640.00 350.00 $21,000.00 375.00 $22,500.00 325.00 $19,500.00
1050 Project Temporary Traffic Control 1 LS 25,000.00 $25,000.00 33,000.00 $33,000.00 49,750.00 $49,750.00 10,000.00 $10,000.00
1055 SPCC Plan 1 LS 700.00 $700.00 850.00 $850.00 375.00 $375.00 500.00 $500.00
1060 Minor Changes 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00
CONSTRUCTION CONTRACT TOTAL $285,060.00 $289,290.00 $316,785.00 $266,880.00
123
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
11.B.a
Packet Pg. 68
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